MAITLAND CITY COUNCIL ORDINARY MEETING MINUTES...Sep 13, 2005 · Street, Rutherford on 12 July,...

MAITLAND CITY COUNCIL

ORDINARY MEETING MINUTES

13 SEPTEMBER, 2005

MINUTES 13 SEPTEMBER, 2005

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 INVOCATION.............................................................................................. 1

2 APOLOGIES ............................................................................................... 1

3 DECLARATIONS OF PECUNIARY INTEREST ......................................... 1

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING....................... 2

5 BUSINESS ARISING FROM MINUTES...................................................... 2

6 MAYORAL MINUTE.................................................................................... 2

7 PUBLIC ACCESS ....................................................................................... 2

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS .................................................................................................. 2

9 OFFICERS REPORTS ................................................................................ 3

9.1 GENERAL MANAGER................................................................. 3

9.2 SERVICE PLANNING AND REGULATION................................. 4

9.2.1 DA 04-2672 REVIEW OF DETERMINATION LOT 105 DP1062820, 91 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL ............................................. 4

9.2.2 DA 93-295 WASTE TREATMENT RECYCLING PLANT LOT 6 DP 221102 NO. 99 KYLE STREET RUTHERFORD RECOMMENDATION: APPROVAL ........................................... 15

9.2.3 DA 05- 1191 & DA05-866 SUBDIVISION 1 LOT 1 DP 1033332, LOT 1 DP 1032210, LOT 1 DP 778266, 43, 69 & 85 DUNMORE ROAD, LARGS RECOMMENDATION: APPROVAL ................................................................................ 27

9.2.4 SECTION 96 APPLICATION TO MODIFY A CONSENT - DA 03-3620 & DA 95-266 LOT 1 DP 724785 & LOT 1 DP 910288, 441 WINDERMERE ROAD, WINDERMERE RECOMMENDATION: APPROVAL OF PART A OF THE SECTION 96 FOR DA 95-266 & DA 03-3620, AND REFUSAL OF PART B FOR DA 03-3620 .................................................... 35

9.2.5 REZONING OF LOTS 130 & 131 DP 136187, LOT 1 DP 248728, NEW ENGLAND HIGHWAY & RIVER ROAD WINDELLA ................................................................................. 37


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9.2.6 RECYCLED WASTEWATER SCHEME, THORNTON NORTH . 39

9.2.7 REVIEW OF TOURIST DEVELOPMENT PROPOSAL, LOCHINVAR............................................................................... 41

9.2.8 HERITAGE HOLDEN MAITLAND TRIATHLON 2005 ................ 43

9.3 FINANCE AND ADMINISTRATION........................................... 44

9.3.1 FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2005...... 44

9.3.2 DISCLOSURE OF INTEREST RETURNS ................................. 46

10 ITEMS FOR INFORMATION..................................................................... 47

10.1 LOCAL GOVERNMENT (GENERAL) REGULATION 2005 ...... 47

10.2 LONDON TERROIST ATTACKS............................................... 48

10.3 STATEWIDE MUTUAL LIABILITY SCHEME............................ 49

11 NOTICE OF MOTION/RESCISSION......................................................... 50

12 QUESTIONS WITHOUT NOTICE ............................................................. 50

13 URGENT BUSINESS ................................................................................ 50

14 COMMITTEE OF THE WHOLE................................................................. 51

14.1 CONSIDERATION OF SALE OF LOT 83 DP 734577 14 ARTHUR STREET RUTHERFORD ........................................... 51

14.2 PROPOSED SALE OF COUNCIL LAND 67 CARRINGTON STREET HORSE SHOE BEND. ................................................ 52

14.3 TENDER - SWIMMING POOL KIOSKS OPERATING LEASE.. 53

14.4 PERFORMANCE REPORT........................................................ 54

15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE .... 55

15.1 CONSIDERATION OF SALE OF LOT 83 DP 734577 14 ARTHUR STREET RUTHERFORD ........................................... 55

15.2 PROPOSED SALE OF COUNCIL LAND 67 CARRINGTON STREET HORSE SHOE BEND. ................................................ 56

15.3 TENDER - SWIMMING POOL KIOSKS OPERATING LEASE.. 57

15.4 PERFORMANCE REPORT........................................................ 58

16 CLOSURE................................................................................................. 58


PRESENT Clr Peter Blackmore Clr Paul Casey Clr Ray Fairweather Clr Peter Garnham Clr Bob Geoghegan Clr Arch Humphery Clr Tony Keating Clr David Power Clr Steve Procter Clr Peter Way Clr Wendy White Clr Victoria Woods

1 INVOCATION

The General Manager read the customary prayer at the commencement of the meeting.

2 APOLOGIES

COUNCIL RESOLUTION THAT the apology received for the unavoidable absence of Clr Meskauskas be accepted and leave of absence be granted.

Moved Clr Casey, Seconded Clr Fairweather

CARRIED

3 DECLARATIONS OF PECUNIARY INTEREST

The Mayor declared a non-pecuniary interest in Item 9.2.7 as the applicant had donated to his election campaign Clr Fairweather declared a non-pecuniary interest in Item 9.2.3 as a neighbouring property is owned by family member Clr Geoghegan declared a -pecuniary interest in Item 9.2.7 as a member of his family is a beneficiary of the applicant. Clr White declared a non-pecuniary interest in Item 14.2 as she is a part owner of the adjoining property Clr Way declared a non-pecuniary interest in Item 14.1 as he is a social member of Maitland City Bowling Club

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4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

COUNCIL RESOLUTION THAT the minutes of the Ordinary Meeting of Council held 23 August 2005 be confirmed.

Moved Clr Way, Seconded Clr White

CARRIED

5 BUSINESS ARISING FROM MINUTES

Nil

6 MAYORAL MINUTE

Nil

7 PUBLIC ACCESS

Mr Barclay spoke for Item 9.2.1, DA 04-2672 Review of Determination, Lot 105, DP 1062820, 91 Gardiner Street, Rutherford

Tony Calleja spoke for Item 9.2.2, DA 93-295 Waste Treatment Recycling

Plant, Lot 6, DP 221102, 99 Kyle Street, Rutherford

Mrs Maureen Kauter spoke against Item 9.2.4, Section 96 application to Modify a consent, DA 03-3620 & DA 95-266, Lot 1, DP 724785 & Lots 1, DP 910288, 441 Windermere Road, Windermere Rosemarie Rohr spoke for Item 9.2.4, Section 96 application to Modify a consent, DA 03-3620 & DA 95-266, Lot 1, DP 724785 & Lots 1, DP 910288, 441 Windermere Road, Windermere

COUNCIL RESOLUTION THAT an extension of one minute be granted to Rosemarie Rohr

Moved Clr Way, Seconded Clr White

CARRIED Mr Hilton Grugeon spoke for Item 9.2.7 Review of Tourist Development Proposal, Lochinvar

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Nil

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9 OFFICERS REPORTS

9.1 GENERAL MANAGER

No reports

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9.2 SERVICE PLANNING AND REGULATION

9.2.1 DA 04-2672 REVIEW OF DETERMINATION LOT 105 DP1062820, 91 GARDINER STREET, RUTHERFORD RECOMMENDATION: APPROVAL

File No: 04-2672 Attachments: Locality Plan

Request for 82A Review of Determination Approval Plan Subdivision Plan Public Submissions Submissions from Public Authorities

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Stannic Securities Pty Limited Proposal: Review of Determination – Industrial

Subdivision Location: Rutherford Zone: 4(a) General Industrial

EXECUTIVE SUMMARY Council granted development consent to the industrial subdivision of 91 Gardiner Street, Rutherford on 12 July, 2005 (Attachment 1 – Locality Plan). The applicant, Stannic Securities Pty Ltd, is requesting that Council review this Determination under Section 82A of the Environmental Planning and Assessment Act, 1979. The subject land is zoned 4(a) under Maitland Local Environmental Plan, 1993. Industrial Subdivision is a permissible form of development in the 4(a) General Industrial Zone with Council consent and is not inconsistent with the objectives of the zone.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT:

The Review of Determination for DA 04-2672 on Lot 105 DP 1062820, 91 Gardiner Street, Rutherford be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Woods, Seconded Clr Geoghegan

CARRIED

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DA 04-2672 Review of Determination Lot 105 DP 1062820, 91 Gardiner Street, Rutherford (Cont)

Schedule of conditions

COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 1 The applicant shall comply with all conditions within this schedule prior

to occupancy of the proposed development. 2 The proposed development is to be carried out strictly in accordance

with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.

3 Compliance with the requirements of State Rail (attached), viz: • An acoustic assessment is to be submitted to Councill prior to

issue of a construction certificate demonstrating how the proposed development will comply with RailCorp Interim Guidelines for Applicants in the consideration of rail noise and vibration from the adjacent rail corridor;

• The developer is required to submit to RailCorp a plan showing all craneage and other aerial operations for the development;

• No crane or other aerial equipment is to be operated with a potential to reach over the rail corridor. The developer will be required to enter into an agreement with SRTC, prior to the operation of the crane;

• No crane or other aerial equipment is to be operated within a vertical envelope defined as three (3) metres (horizontally) from any electrical infrastructure. The developer will be required to gain approval, in the form of a Standard Waiver, from RailCorp prior to use, for any such intrusions into the corridor;

• No loads will be permitted to pass over any overhead wiring or transmission lines at any time;

• No infrastructure or equipment is to be placed or installed on the rail corridor without proper assessment by authorised persons to ensure no impact will occur to rail infrastructure, eg. Signal sighting, safety signage, emergency access;

• Given the site’s location next to the rail corridor, drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from ARTC;

• During excavation the Applicant is to observe extreme care to prevent water from collecting on or near ARTC infrastructure. It is possible if water were to pond adjacent to the infrastructure, services could be interrupted. If this were the case, the

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applicant/contractor would be liable for the ARTC expenditure involved with restoring or maintaining alternative services; and,

• The current fencing separating this development from the rail corridor is to be replaced with a 2 metre high fence at the Developer’s cost. Details of this type of fencing and the method of erection are to be submitted to ARTC for review and comment prior to the fencing work being undertaken. ARTC will provide supervision for the erection of the new fencing.

4 Compliance with the requirement of Department of Environment and Conservation, viz: a) A representative of the Mindaribba Local Aboriginal Land Council

is to be present during any stripping of topsoil of the site within 100 metres of the creek line.

5 The drainage reserve in the eastern orientation of the site shall not have a fuel free asset protection zone located over it.

INTEGRATED DEVELOPMENT Reason: The following general terms of approval are applied in accordance with the Integrated

Development provisions of the Environmental Planning and Assessment Act, 1979.

6 Compliance with the General Terms of Approval issued from the

Department of Infrastructure, Planning and Natural Resources (attached) dated 6 April 2005, viz: a) The Construction Certificate will not be issued until the consent

authority is provided with documentary evidence that the Department of Infrastructure, Planning and Natural Resources has granted a permit under Part 3A of the River and Foreshores Improvement Act 1948 for the proposal.

7 Compliance with the General Terms of Approval issued from the NSW Rural Fire Services (attached), viz: a) All recommendations of the “Bushfire Protection Assessment”

report of Conacher Travers, dated July 2004 shall be complied with in relation to the erection of industrial buildings; and,

b) Any proposed dwellings/buildings on these lots shall be sited such that the ‘Asset Protection Zones’ (APZ), required under Appendix – 2 of Planning for Bushfire Protection 2001, can be provided within the lots.

LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made

for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.

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8 The removal of the street trees, required to permit access to the development shall be subject to a separate application to Council at the time removal is required.

9 A detailed street tree plan is to be prepared and submitted for approval prior to the issue of a Subdivision Certificate. This landscape plan is to indicate the location of all street trees, type of species to be planted, and is to state the mature height and spread of all proposed trees. The landscape plan will make provision for vegetation screening along the eastern boundary of Lots 25, 26 and 27.

10 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.

11 No tree exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter is to be removed from the subject land unless: i) The removal is essential in order for the development under this

consent to proceed; and ii) Consent to the removal of the tree(s) has been granted by Council

in accordance with Clause 29 of the Maitland Local Environmental Plan, 1993.

12 The preservation of all trees within the proposed subdivision which are not directly affected by road and drainage works. In this regard the removal, lopping or topping of any tree will be subject to the approval of the Council.

13 Any hollow bearing tree required to be removed is to be supervised by a practising ecologist who will ensure that any present wildlife be re-located safely to suitable habitat in the area.

14 Details of site fencing are to be submitted in conjunction with the landscape plan.

UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations

are provided to the site to serve the development and to satisfy the requirements of the various servicing authorities.

15 Water and sewerage facilities are to be provided to each allotment within

the proposed subdivision. 16 A Certificate under Section 50 of the Hunter Water Corporatisation Act,

1991, shall be obtained prior to issue of the Subdivision Certificate. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.

17 The submission of documentary evidence from Energy Australia, prior to release of the Subdivision Certificate, that satisfactory arrangements have been made for:- i) The provision of easements in favour of Energy Australia over

private land for existing and proposed power lines and where the

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development requires the relocation of power lines or other assets of Energy Australia.

ii) The provision of a grid based (underground) electricity supply to each of the resultant lots of the subdivision.

iii) The provision of a satisfactory street lighting system to all roads, cycleways and pathways within the subdivision to Council's requirements.

iv) Where applicable an appropriate standard of street lighting to Council's requirements is to be provided to all traffic facilities and intersections within the subdivision and where the subdivision street system adjoins surrounding road networks.

18 The submission of documentary evidence form an appropriate telecommunications company that satisfactory arrangements have been made for the provision of telecommunications mains such that each lot has ready access for domestic services connection.

19 Consultation and compliance with the requirements of the following authorities prior to the preparation of detailed drawings: (i) Energy Australia (ii) Telstra A Subdivision Certificate will not be issued until Council has received written confirmation from these authorities that their requirements have been met.

CONTRIBUTIONS/FEES Reason: The following condition(s) have been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Councils adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.

ii) Council's administration expenses are met with respect to the processing of the application.

20 A final survey plan endorsement fee applicable at the time of release of

plans shall be paid to Council prior to the release of the plan. (currently $550.00)

21 A site numbering fee of $585.00 is required to be paid to Council prior to the issue of the Subdivision Certificate, for the allocation of site numbering being $15.00 per industrial allotment.

CONTRIBUTIONS/DRAINAGE Reason: The following condition(s) have been applied to ensure that where the proposed

development results in an increased demand for drainage infrastructure, payment towards the cost of providing these facilities/services is made in accordance with either an adopted policy of Council or Councils adopted contributions plan prepared via the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979.

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22 The payment of a monetary contribution in accordance with Council's

policy adopted on the 28th July, 1997 for the provision of drainage infrastructure for land within the Rutherford Development Area as follows:- 1. Drainage $0.581 / m2 Total $219,734.00 NOTE: The above rates are effective from 1st January 2005, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.

STANDARD PROVISIONS Reason: The objective of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

23 A written application, together with a plan indicating the proposed road

names, should be lodged with and approved by Council. The application should be lodged with the Engineering plans submitted for Council approval.

24 House numbers for all proposed lots will be allocated by Council when the final plan of survey has been endorsed.

GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

25 Provision of fire hydrants to the area so as to provide sufficient services

for fire fighting purposes. ROADS / TRAFFIC / ACCESS / PATHS Reason: The following condition(s) have been applied to:

i) ensure that the surrounding roads and footways and proposed access points are designed and constructed to a standard that adequately and safely services the proposed development.

ii) draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act; Regulations & Local Policies relating to construction works.

26 Kerb and gutter and road construction with an asphaltic concrete

wearing surface of all proposed roads, including all necessary

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stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards.

27 Underground electrical power supply and roadway & pathway lighting shall be provided in accordance with the requirements of the supplier and Australian Standard AS 1158.

28 All reserves shall be dedicated to Council (at no cost to Council) upon the survey plan for the Subdivision Certificate.

29 Prior to issue of the Construction Certificate, an application for new street names shall be lodged with Council. The application shall be supported by adequate justification for the proposed names.

STORMWATER DRAINAGE, FLOODING, and EROSION & SEDIMENT CONTROL Reason: The following condition(s) have been applied to ensure that:

(i) Adequate sediment/erosion control structures are provided to prevent siltation of existing drainage systems and waterways;

(ii) Stormwater internal and external to the proposed development site is controlled to minimise the risk of adverse affect to upstream and downstream properties; and

(iii) Due regard is given to the development of flood liable land or land in the vicinity of flood liable land.

30 A major/minor stormwater drainage system shall be provided, in

accordance with Council’s “Manual of Engineering Standards”, catering for discharge from the contributing catchment area(s).

31 Prior to issue of the Construction Certificate, full details of stormwater requirements, (based on the drainage report 8902/26.13 dated Jan 2005 submitted with the application, adopting a flood level determined by the existing downstream embankment) shall be prepared in accordance with Council’s “Manual of Engineering Standards” by a suitably qualified person, for approval. The proposed drainage system shall incorporate the following: • establishment of the 1% AEP flood level • prohibition of the realignment of Stony Creek • stormwater quantity and quality control (off-line) for the whole of the

subdivision road system, within drainage reserve(s). Quality control for lot discharge shall be addressed at the drainage reserve discharge points.

• reduction of potential pollutants such as nutrients and hydrocarbons, discharging from the site in its developed state

• reduction of post-developed discharges to pre-developed discharges, for the site for the critical storm up to and including the 1% AEP event.

32 Finished surface levels of all lots shall be at, or above, 1% AEP flood level, as determined by Council as part of the Construction Certificate.

33 The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle

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tracking”, by the application of adequate controls. Details in accordance with Council’s “Manual of Engineering Standards” and the Department of Housing manual, “Managing Urban Stormwater” shall be shown on an Erosion & Sediment Control Plan (ESCP) and submitted for approval as part of the Construction Certificate. All necessary site controls shall be placed and maintained during works. Construction works shall not proceed when it is deemed by the Principle Certifying Authority, or the Consent Authority, that controls are inadequate.

ADVICES LSL levy (A) You are advised that, in accordance with the EP&A Act, (sec.109F)

payment of the building industry Long Service Leave levy, where applicable, must be paid prior to issue of the Construction Certificate.

PCA inspections (B) You are advised that, in accordance with Council’s planning provisions,

Council as the appointed Principle Certifying Authority (PCA) will conduct “critical stage inspections” during construction, in accordance with Council’s Schedule of Fees & Charges, must be paid to Council prior to commencement of construction.

Department of Infrastructure, Planning and Natural Resources General Terms of Approval Standard 34. The general terms of approval (GTA) relate to development/works on

protected land, defined by the Rivers and Foreshores Improvement Act 1948 (RFIA) within the proposed development site.

35. The GTA do not constitute an approval under the RFIA. 36. If the consent authority determines to grant consent, the GTA are to form

part of the development consent. 37. Any amendments to the development application may void these GTA. 38. The approval holder must submit, to the Department of Infrastructure,

Planning and Natural Resources (DIPNR) Hunter Region, a completed application form for a permit under Part 3A of the RFIA prior to the commencement of any development/works on protected land.

39. The permit application is required to accord with the GTA. Permit Application 40. The approval holder must provide the following with the permit

application: a) A copy of the development consent.

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b) A costing based on current industry rates for all development/works that are subject to the GTA. The costing is to cover, but may not be limited to: • construction of any stream works, stormwater outlets,

associated scour protection and their revegetation; • implementation of a vegetation management plan, including

monitoring, reporting and maintenance; • decommissioning of any temporary works on protected land,

including erosion and sediment controls, other pollution controls or water diversion structures.

c) Stormwater and scour protection design plans prepared by a person with relevant knowledge, qualifications and experience to industry standards.

Relevant Plans and Documents 41. The approval holder must ensure that development/works are completed

in accordance with the following drawings and/or documents: a) Bannister and Hunter Pty Ltd. 15.02.05. Plan of Proposed

Subdivision of Lot 105 in DP 1062820 Being at Gardiner Street Rutherford. Dwg No. 52969-02.

b) Cardno (NSW) Pty Ltd. January 2005. Proposed Industrial Subdivision. Lot 105 DP 1062820 Gardiner Road Rutherford.

c) Conacher Travers. September 2004. Bushland Management Plan for a Proposed Industrial Subdivision. Lot 1 DP 1062820 Gardiner Road Rutherford.

Works 42. The approval holder must ensure that all works proposed are designed,

constructed and operated to minimise: • sedimentation, erosion and scour of the banks or bed of the

watercourse, and; • adverse impacts on aquatic and riparian environments.

43. The approval holder must ensure that work-as-executed survey plans, prepared to a professional standard are provided to DIPNR upon request.

Riparian Zone 44. The approval holder must ensure that any Asset Protection Zone

required for bushfire protection under the Rural Fires Act 1997 is outside riparian buffer zone.

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45. The approval holder must ensure that any remnant local native riparian vegetation is protected and not damaged or destroyed by the proposed development/works.

46. The approval holder must ensure that construction techniques minimise disturbance to soil and vegetation on protected land and within the riparian buffer zone.

Site Rehabilitation 47. The approval holder must ensure that following completion of the works,

site rehabilitation protects any remnant local native riparian vegetation and restores riparian zones disturbed or otherwise affected by the development/work.

48. The approval holder must ensure that any restored riparian zones are made up of a diverse range of endemic native tree, shrub, groundcover and grass species, planted at appropriate densities to achieve an effective and full riparian vegetation structure to the satisfaction of DIPNR.

49. The approval holder must ensure that any restored areas are maintained for successful native plant establishment to the satisfaction of DIPNR. Note: Maintenance may include watering, weed control, replacement of plant losses, disease and insect control, mulching, or any other action necessary for successful plant establishment.

Stormwater 50. The approval holder must ensure that stormwater outlets are designed,

located and constructed to minimise any erosion or scour of riparian buffer zones and the bed or banks of the watercourse.

Advisory Notes 1. For the purpose of the GTA, the term approval holder refers to the

applicant for the integrated development application. 2. Retrospective approval cannot be granted under the RFIA. 3. A permit cannot apply to works that have already been undertaken. 4. A permit will not give the approval holder the right to use and occupy

any land without the consent of the registered owner/s of the property. 5. A permit will not relieve the approval holder of any obligations or

requirements of any other acts, regulations, planning instruments or Australian standards.

6. A permit will not apply to works on Crown land, authorised under the Crown Lands Act 1989 (CLA). Note: Use and occupation of Crown land requires approval from the Department of Lands.

7. A permit will not apply to development/works where there is a right lawfully exercisable or other right in force under any act relating to mining.

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Definitions under RFIA The meaning under the RFIA for the following are: 1. Protected Land means: (a) land that is the bank, shore or bed or protected waters, or

(b) land that is not more than forty (40) metres from the top of the bank or shore of protected waters (measured horizontally from the top of the bank or shore), or

c) material at any time deposited, naturally or otherwise and whether or not in layers, on or under land referred to in paragraph (a) or (b).

2. Protected Waters means: a river, lake or from which a river flows, coastal lake or lagoon (including

any permanent or temporary channel between a coastal lake or lagoon and the sea).

3. River means: any stream of water, whether perennial or intermittent, flowing in a

natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream of water and any affluent, confluent, branch or other stream into or from which the river flows and, in the case of a river running to the sea or into any coastal bay or inlet or into a coastal lake, include the estuary of such river and any arm or branch of same and any part of the river influences by tidal waters.

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9.2.2 DA 93-295 WASTE TREATMENT RECYCLING PLANT LOT 6 DP 221102 NO. 99 KYLE STREET RUTHERFORD RECOMMENDATION: APPROVAL

File No: 93-295 Attachments: Locality Plan

Development Plans Submissions from Public Authorities

Responsible Officer: David Simm Manager - Planning and Environment Author: Shannon Sullivan Town Planner Applicant: Environmental Waste Manager Proposal: Section 96 - Waste Treatment Recycling Plant Location: 99 Kyle Street Rutherford Zone: 4(a) General Industrial

EXECUTIVE SUMMARY At its meeting on 26 April 1994, Council granted an ‘in principle’ development consent for a designated development incorporating a waste oil processing plant, waste chemical collection and storage facility, and a waste treatment and recycling plant on the subject property. The ‘in principle’ consent was converted to an operational consent by Council as a result of an application to modify the original consent made pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979. At its meeting 27 November 2001, Council granted a modified consent incorporating a waste oil processing plant, waste chemical collection and storage facility, and a waste treatment and recycling plant on the subject property. Council has now received a further application under Section 96(2) of the Environmental Planning and Assessment Act, 1979 that seeks to modify the site layout and building configuration of the current consent. The amended proposal was forwarded to New South Wales Fire Brigade, Workcover, the Department of Environment and Conservation (NSW) and the Department of Infrastructure, Planning and Natural Resources. These statutory authorities have indicated they are satisfied with the amended proposal and that sufficient information has been provided to support the amended application. The amended proposal was publicly exhibited, however it was not notified to adjoining property owners. The previous application, and subsequent modification, received two submissions opposing the proposal. The two objectors were notified of the amended proposal and given an opportunity to lodge further submissions. As a


93-295 Waste Treatment Recycling Plant Lot 6 DP 221102, 99 Kyle Street Rutherford (Cont)

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result of the exhibition and notification to previous objectors no submissions were received regarding the application to modify the existing consent. This report provides Council with an assessment of the proposed modification in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979. Maitland Local Environmental Plan 1993 defines the use as a Materials Recycling Depot, with a Materials Recycling Depot being a permissible form of development in the 4(a) General Industrial Zone with Council consent and is not inconsistent with the objectives of the zone.


A Section 96 Modification for DA 93-295 for Waste Treatment Recycling Plant on Lot 6, DP 221102 No.99 Kyle Street Rutherford be approved, subject to the conditions of consent set out in the attached schedule.

Moved Clr Woods, Seconded Clr Geoghegan

CARRIED



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SCHEDULE OF CONDITIONS

Schedule of Conditions DA 93-295 COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of

Council’s Approval. 1 The applicant shall comply with all conditions within this schedule prior

to occupancy of the proposed development.

2 The proposed development is to be carried out strictly in accordance with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.

3 Compliance with the requirements of the New South Wales Fire Brigade: i. ‘Emergency Services Information Cabinets’ are installed adjacent

to all emergency vehicle access points. The cabinet should be weather proof and contain necessary details of the sites DG inventory, Emergency Plan, Site Plan with fire services layout, stormwater isolation valve details and contact phone number of key EWM personnel and contact numbers of facilities adjacent to the EWM site.

ii. The proposed stormwater isolation valve should be prominently labelled, the labelling should also include comprehensive operating instructions and state the capacity of the sites drainage system.

iii. The applicant shall clarify, within Section 6 of the Fire Safety Study, with the New South Wales Rural Fire Service as to how access to the contents of a tank on fire, from the ignition of vapours, will be achieved.

iv. EWM should consider installing a site emergency warning siren, manual call points (MCP) should be installed at strategic locations throughout the facility, activation of a MCP should initiate the sites emergency warning siren.

v. All staff shall be appropriately trained in first aid fire fighting techniques, training should be conducted annually and a register of all staff training should be maintained by management.

vi. Arrangements for the collection and offsite treatment of the retained runoff water, during a record rainfall period, by a licensed waste water treatment contractor are formalised and contained within the Emergency Services Information Cabinets as a component of the Emergency Plan Protocols.



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4 Compliance with the requirements of the Department of Infrastructure, Planning and Natural Resources:

i. Consistent with the Final Hazard Analysis, the applicant to provide Council documentary evidence prior to the commencement of operation of:

a. A spill response procedure should be included as part of the site emergency response plan and that spill response kits be located in the DG store, adjacent to the truck unloading area,

b. A drum/container inspection procedure, for the delivered product, be established as part of the site Safety Management System,

c. Site staff be trained in the use of fire extinguishers and hose reels, particularly those fitted to the proposed EWM site.

ii. The applicant shall provide documentary evidence to Council before the commencement of operation of:

a. Implement procedures for responding to hazardous material-related transport accidents,

b. Each vehicle (EWM & Contractors) must have an up to date emergency plan based on potential incidents that may occur during transport of hazardous materials,

c. Each emergency plan must be accompanied by an emergency procedure, first response spill and fire fighting equipment must be fitted to all vehicles,

d. The emergency plans and procedures should be developed as part of the Safety Management System development required as part of Phase 2 of the safety studies,

e. Transport vehicle drivers must be trained in the use of emergency equipment such as spill equipment use and first attack fire fighting equipment,

f. The site management should implement a ‘toolbox’ style review prior to each despatch of hazardous chemicals and waste oil from the site. The ‘toolbox’ review should highlight the potential risks associated with the particular route and street the need to maintain the speed limits and safety requirements of the route. This should be included as part of the despatch procedure to be reviewed and developed in Phase 2 of the hazard study project.

iii. The applicant shall provide documentary evidence, consistent with the Construction Safety Study, to Council before commencement of construction of:

a. A procedure being developed for the management of tan use and hot work on the adjacent construction area. This should include a hot work permit system,



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b. Each plant component be individually certified by the manufacturer/installer. Documentation regarding these assurances should be presented to EWM on completion of installation and commissioning and retained on file as a record of the equipment installation on completion of the project.

5 Compliance with the requirements of WorkCover:

i. Plans of the site are to be stamped by a competent person verifying that the storage meets legislative requirements,

ii. The owner shall have regard to the requirements of the hierarchy of controls as specified in clause 5 of the OHS Regulations, Dangerous Goods general regulation 1999 and the associated Australian Standard AS 1940.

UTILITY SERVICES Reason: The following condition(s) have been applied to ensure that adequate utility installations


6 A copy of a Trade Waste Permit issued by the Hunter Water Corporation

is to be submitted to Council prior to the issue of an Occupation Certificate.

7 Consultation and compliance with the requirements of the following authorities: (i) Energy Australia

8 A Certificate under Section 50 of the Hunter Water Corporatisation Act, 1991, shall be obtained prior to endorsement of the final survey plan. Applications for Section 50 Certificates are to be made direct to the Hunter Water Corporation.

GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and

owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

9 A construction certificate is to be obtained prior to commencing

construction works. The construction certificate application is to include detailed plans and specifications for the construction of the



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building/structure.

10 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

11 The building must comply with the Category 1 fire safety provisions applicable to the proposed new use.

12 The development or any portion of the development shall not be used or occupied until an “Occupation Certificate Application” has been received and determined by Council and an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.

13 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

14 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by

the owner of the building) who is competent to carry out such inspection and test; and

b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building).

Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

15 The use of the building shall not be changed from the classification approved of to that of another unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.

16 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.



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17 The applicant is required to submit to Council Notice of Appointment of the Principal Certifying Authority at least two (2) days prior to the commencement of construction works.

SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt and external fire

protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and/or initiate automatic counter measures and to provide for on-going maintenance of all active services.

18 A copy of the fire safety schedule and fire safety certificate is to be

prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

19 A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

ACCESS & EGRESS Reason: The objectives of the following conditions are to ensure that a building is designed and

constructed to provide adequate means of escape in the case of fire or other emergency, exits are constructed to provide safe passage from a building and to provide reasonable provision to facilitate access and circulation by people with disabilities.

20 Access for disabled persons must be provided in accordance with DP1,

DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".

SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy

environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.

21 If the work:



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i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

22 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and (ii) showing the name of the person in charge of the work site and a

telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed. This condition does not apply to: (i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied

continuously (both during and outside working hours) while the work is being carried out.

23 If the work: i) is likely to cause pedestrian or vehicular traffic in a public place to

be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any



Page 23

substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

24 A sign must be erected in a prominent position on the work: (i) stating that unauthorised entry to work site is prohibited, and (ii) showing the name of the person in charge of the work site and a

telephone number at which that person may be contacted during work hours.

Any such sign is to be removed when the work has been completed. This condition does not apply to: (i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied

continuously (both during and outside working hours) while the work is being carried out.



25 Areas within the front setback of the site, not including driveway areas,

shall be landscaped with native species to the satisfaction of the Council prior to the completion of the proposed additional facilities.

26 The landscaped area of the development is to be maintained at all times.

27 The proposed required landscaped areas are to be kept free of parked vehicles, stored goods, garbage or waste material and are to be permanently maintained.

CONTRIBUTIONS/DRAINAGE



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Reason: The following condition(s) have been applied to ensure that where the proposed development results in an increased demand for drainage infrastructure, payment towards the cost of providing these facilities/services is made in accordance with either an adopted policy of Council or Councils adopted contributions plan prepared via the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979.


policy adopted on the 28th July, 1997 for the Provision of drainage infrastructure for land within the Rutherford Development Area as follows:- 1. Drainage 3,200m2 Total $1,776 NOTE: The above rates are effective from 1st January, and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.

TRAFFIC/ROADS/FOOTPATH Reason: The following condition(s) have been applied to ensure that the surrounding road system,

footpaths, access/egress and internal parking and maneuvering areas are designed and constructed to a standard adequate to service the proposed development.

29 Prior to construction of the driveway crossing on the public footway

verge, an “Application To Construct Private Works On Footway” form shall be submitted to Council, together with the appropriate fee.

30 Prior to issue of the Occupation Certificate, heavy duty vehicular

footpath crossings shall be constructed as full width concrete slabs in accordance with the design criteria contained in Maitland City Council Standard Drawings SD005, SD006, SD008, SD009 and SD014. Driveway widths, levels and alignments within the road reserve are to be determined by consulting with Council’s Asset and Infrastructure Planning Department with reference to Council road design plan No 24766. Concrete shall be 150mm thick and doubly reinforced with two layers of SL72 mesh. The top layer of reinforcement shall have 25mm clear cover to the top. The bottom layer shall have 50mm clear cover to the bottom. Only ready mixed concrete of 28 day compressive strength not less than 32Mpa shall be used. Finish shall be broom finished plain concrete only, unless some other finish has been specified in the Development Application.

31 Any existing redundant layback and/or driveway shall be removed and kerb and footway reinstated.



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STORMWATER DRAINAGE 32 Prior to issue of the Construction Certificate, a detailed stormwater

drainage plan, providing On-Site Detention (OSD) of stormwater, and designed in accordance with Council’s Manual of Engineering Standards, shall be approved.

33 Prior to issue of the Occupation Certificate, certification shall be

provided that the On Site Detention system(s) have been constructed in accordance with the approved plans. Any variation to those works shall be approved by the designer and a copy of the Work-As-Executed drawings shall be submitted to Council, with the certificate.

34 The stormwater detention system is not to be removed or altered without

the express permission of Maitland City Council, the system is to be maintained in good working order at all times.

CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate parking

facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.

35 All driveways, parking areas and vehicular turning areas are to be

constructed of bitumen sealed gravel pavement or a higher standard.

36 All parking and loading/unloading bays, truck docks, driveways and turning areas are to be maintained clear of obstructions and under no circumstances are to be used for the storage of goods or waste materials.

37 All parking and loading bays shall be permanently marked out on the pavement surface, with loading bays being clearly indicated by means of appropriate signage.

ADVICES

A You are advised that in regard to potential site erosion, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

B You are advised that approval for a driveway and a formwork / reinforcement inspection MUST be carried out by Council, for the driveway across the footway verge, prior to pouring the concrete. (see Council’s “Application To Construct Private Works On Footway” ). You



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should contact Council (ph.4934 9700), giving at least 24 hrs notice for inspections.

Note: Clr Fairweather left the chamber at 6.10pm prior to discussion on the next item.


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9.2.3 DA 05- 1191 & DA05-866 SUBDIVISION 1 LOT 1 DP 1033332, LOT 1 DP 1032210, LOT 1 DP 778266, 43, 69 & 85 DUNMORE ROAD, LARGS RECOMMENDATION: APPROVAL

File No: DA 05-866 DA05 - 1191 Responsible Officer: David Simm Manager of Development & Environment Attachments: Locality Plan

Site Plans Submissions

Author: Gary Hamer Town Planner Applicant: Pulver, Cooper & Blackley Proposal: Subdivision Location: Dunmore Road Largs Zone: 1(d) Rural Residential

EXECUTIVE SUMMARY Development consents are sought from Council for two subdivision applications. The first application (DA05-866)is to create five (5) lots from three (3). Subsequently two (2) of these new lots shall be classified as development lots for the subdivision (DA05-1191). This subdivision shall create fifty-eight (58) lots. The subject property is known as Lot 1 DP 1033332, Lot 1 DP 1032210, Lot 1 DP 778266, 43, 69 & 85 Dunmore Road, Largs. Since the two applications are related to the same parcel of land with similar submissions, it was decided to compile a single report to Council for determination. The subject land is zoned 1 (d) Rural Residential under Maitland Local Environmental Plan, 1993. Subdivision is a permissible form of development in the 1(d) Rural Residential Zone with Council consent and is consistent with the objectives of the zone. In accordance with Council policies, the application (DA05-866) was advertised from 24 March 2005 until 7 April 2005. As a result of the notification process, Council received a total of one (1) submission. The second application (DA05-1191) was advertised from 25 April 2005 until 9 May 2005. As a result of the notification process, Council received a total of three (3) submissions. The issues identified included environmental constraints, impacts upon the agricultural viability of adjoining lots, ramifications of connection to Hunter Water services, loss of rural amenity and the increase in traffic movements in the immediate vicinity. These issues are addressed in the body of this report.


DA 05- 1191 Subdivision Lot 1 DP 1033332, Lot 1 DP 1032210, Lot 1 DP 778266, 43, 69 & 85 Dunmore Road, Largs (Cont)

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There are no major physical constraints to the proposed subdivision, with specific conditions to be applied regarding drainage, road design and construction.


DA05-866 & DA 05- 1191 for Subdivision on Lot 1 DP 1033332, Lot 1 DP 1032210, Lot 1 DP 778266, 43, 69 & 85 Dunmore Road, Largs be approved, subject to the general terms of approval from the Rural Fire Service and subject to the conditions of consent set out in the attached schedule.

Moved Clr Woods, Seconded Clr Garnham

CARRIED



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Schedule of conditions


Council’s Approval. 1 The proposed development is to be carried out strictly in accordance

with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent.





policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area as follows:- City Wide 1. Community Amenities & Services $ 2762 2. Recreation & Open Space $ 1074 3. Cycleway $ 252 4. Bushfire Services $ 150 5. Urban Roads $ 108 6. Administration $ 308 Sector $ 1204 TOTAL $ 5858 NOTE: The above rates are effective from 1st January, 2001 and will be subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.



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3 Prior to issue of the Subdivision Certificate, payment of the subdivision certificate fee, in accordance with Council’s Fees & Charges Policy, shall be made to Council.


Council’s Approval. 1 The proposed development is to be carried out strictly in accordance

with the plans and documentation submitted with the application and any amendments to those plans arising through conditions to this consent and the recommendations and conclusions of the following:

Geotechnical Urban Land Capacity Assessment by Coffey dated 30 April 2004.




2 Prior to issue of the Subdivision Certificate, the payment of a monetary

contribution in accordance with Council's policy adopted on the 1st September, 1995 for the Provision of Recreational Open Space, Recreational Facilities and Community Facilities for land within the Maitland Local Government Area shall be made to council, as follows:- City Wide 1. Community Amenities & Services $ 80098 2. Recreation & Open Space $ 31146 3. Cycleway $ 7308 4. Bushfire Services $ 4350 5. Urban Roads $ 3132 6. Administration $ 8932 Sector $ 34916 TOTAL $ 169 882 NOTE: The above rates are effective from 1st January, 2001 and will be



Page 31

subject to inflation adjustment, calculated as at the date of payment. The method of adjustment shall be based on the Implicit Price Deflator (Total Public Gross Fixed Capital Expenditure) as published by the Australian Bureau of Census and Statistics.

3 Prior to issue of the Subdivision Certificate a House Numbering Fee

(currently $15 per dwelling) shall be paid to Council.

4 Prior to issue of the Subdivision Certificate, payment of the subdivision certificate fee, in accordance with Council’s Fees & Charges policy, shall be made to Council.

ROADS / TRAFFIC / ACCESS / PATHS 5 Kerb and gutter and road construction with an asphaltic concrete

wearing surface of all proposed roads, together with all necessary stormwater drainage and infrastructure facilities, shall be provided in accordance with Council’s Manual of Engineering Standards.

6 Kerb and gutter and road shoulder construction with an asphaltic

concrete wearing surface along the existing road frontage in Dunmore Rd, shall be provided in accordance with Council’s Manual of Engineering Standards. The kerb alignment shall provide an overall 11.0m width in Dunmore Rd.

7 Prior to commencement of works within the public road reserve;

i) an engineering design in accordance with Council's Manual Of Engineering Standards, shall be submitted to Council for approval

ii) an approval, issued by Council, giving consent under the Roads Act must be issued, and

iii) all relevant fees must be paid 8 Prior to issue of the Construction Certificate, an application for new

street names shall be lodged with Council. The application shall be supported by adequate justification for the proposed names.

9 Roadway lighting shall be provided at intersections only, with luminaires

that minimise glare (such as “Aeroscreen” or similar type). 10 All lots shall be serviced with underground power and lighting supply in

accordance with the requirements of the supply authority.



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STORMWATER DRAINAGE 11 A major/minor stormwater drainage system shall be provided, in

accordance with Council’s Manual of Engineering Standards, catering for discharge from the contributing catchment area(s) in their ultimate developed state.

12 A stormwater filtering, detention/retention system shall be designed and

approved: • to trap gross pollutants • to reduce potential pollutants such as nutrients and hydrocarbons,

discharging from the site in its developed state, in accordance with Council’s Manual of Engineering Standards

• to reduce post-developed discharges to pre-developed discharges, for the critical storm up to and including the 1% AEP (“100 year”) event, in accordance with Council’s Manual of Engineering Standards.

The proposed quality control basin shall be designed in accordance with the DIPNR publication “The Constructed Wetlands Manual”, with the spillway located at, or above, the 1% AEP “Hunter” flood level or the nominated flood level of 7.1AHD, whichever is greater.

13 Inter-allotment drainage shall be provided to lots without adequate

drainage to the road reserve.

14 Easement(s) for drainage shall be created over final discharge drainage lines and structures, downstream of the proposed road reserve.

EROSION CONTROLS 15 The property shall be protected against soil erosion, such that sediment

is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”. Details in accordance with Council’s “Manual of Engineering Standards” and the Department of Housing manual, “Managing Urban Stormwater” shall be shown on an Erosion & Sediment Control Plan (ESCP) as part of the Construction Certificate.

CONSTRUCTION CERTIFICATE 16 Prior to issue of the Construction Certificate for the road and drainage

works, an engineering design shall be prepared in accordance with this consent and Council's Manual of Engineering Standards, for approval.



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CIVIL CONSTRUCTION WORKS 17 Prior to issue of the Subdivision Certificate, all subdivision works shall

be carried out in accordance with the consent and Council's Manual of Engineering Standards.



18 Prior to issue of the Subdivision Certificate, a landscape screen buffer of

a minimum 5m width shall be provided along the southern boundary of lots 51 – 54 inclusive to provide a visual screen between development on the proposed lots and the stock refuge area on the adjoining rural lot to the south. An 88B instrument shall identify this landscape easement and give effect to this.

19 A DETAILED LANDSCAPE PLAN addressing the landscape buffer required under condition 18 shall be prepared and submitted for approval prior to the issue of a Construction Certificate.

20 Prior to issue of the Subdivision Certificate, rural type fencing (such as

post & wire) shall be provided along the perimeter boundaries of the subdivision, common with adjoining properties and the residue lots 38, 39, & 40, but excluding the Dunmore Rd frontage.

UTILITY SERVICES & CERTIFICATION Reason: The following condition(s) have been applied to ensure that adequate utility installations


21 Water, sewerage and electrical power supply shall be provided to each

allotment within the proposed subdivision.

22 Prior to issue of the Subdivision Certificate, evidence that the requirements of Energy Australia and Telstra have been met, shall be submitted to Council.

23 Prior to issue of the Subdivision certificate, a certificate under Section 50 of the Hunter Water Act, shall be submitted to Council.

24 Two copies of a Geotechnical report as to the site classification(s), in accordance with the procedures established in Australian Standard



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AS2870-1996, Section 2 is to be submitted to Council. A copy of such report is to be also made available to each individual land purchaser.

ADVICES

A You are advised that in regard to potential site erosion from the construction site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.

B You are advised that, in accordance with the EP&A Act, (sec.109F) payment of the building industry Long Service Leave levy, where applicable, must be paid prior to issue of any Construction Certificate.

C You are advised that, in accordance with Council’s planning provisions, Council as the appointed Principle Certifying Authority (PCA) will conduct “critical stage inspections” during construction. The appropriate fee in accordance with Council’s Schedule of Fees & Charges must be paid to Council prior to commencement of construction.

Note: Clr Fairweather returned the chamber at 6.13 pm following the determination of Item 9.2.3.


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9.2.4 SECTION 96 APPLICATION TO MODIFY A CONSENT - DA 03-3620 & DA 95-266 LOT 1 DP 724785 & LOT 1 DP 910288, 441 WINDERMERE ROAD, WINDERMERE RECOMMENDATION: APPROVAL OF PART A OF THE SECTION 96 FOR DA 95-266 & DA 03-3620, AND REFUSAL OF PART B FOR DA 03-3620

File No: DA 03-3620 & DA 95-266 Attachments: Locality Plan

Development Plan Public Submissions

Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Maitland Ready Mixed Concrete Proposal: Section 96 Application to Modify a Consent Location: Windermere Zone: 1(a) Prime Rural Land 1(b) Second Rural Land

EXECUTIVE SUMMARY Development consent is sought from Council for two s96 Applications to Modify a Consent (DA 95-266 & DA 03-3620) at Lot 1 DP 724785 and Lot 1 DP 910288, 441 Windermere Road, Windermere. The subject land is zoned 1(a) and 1(b) under the Maitland Local Environmental Plan, 1993. Sand Extraction is a permissible form of development in the 1(a) Prime Rural Land 1(b) Second Rural Land Zone with Council consent and is not inconsistent with the objectives of the zone. Part A of the proposed section 96 amendments are seeking to clarify the area of land subject to the sand extraction and screening/stockpiling activities and will not result in an increase or enhancement of activities on the site. The Statements of Environmental Effects accompanying both applications refer to an area of 6ha yet indicates an area of 32 ha on the plans. Part B of the Section 96 Application to modify Development Consent DA 03-3620 seeks to remove the restriction in location for short term (daily) stockpiling to allow for short term (daily) stockpiling throughout the quarry site. It is recommended that this part of the Section 96 Application be refused as there is no justification to support this amendment and it is not considered to be substantially the same development to which the original consent applied.


DA 03-3620 & DA 95-266 s96 Application to Modify a Consent Lot 1 DP 724785 and Lot 1 DP 910288, 441 Windermere Road, Windermere (Cont)

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DA 03-3620 & DA 95-266 for a Section 96 Application to Modify a Consent on Lot 1 DP 724785 and Lot 1 DP 910288, Windermere Road, Windermere be approved, with the Statement of Environmental Effects for each application amended in the following way:

A. The description in Section 2 of the SEE for DA 95-266 and DA 03-3620, that reads “The site covers a total area of 6 ha, incorporating almost 2km of river frontage, as illustrated on Figure 1.” to “The total quarry covers an area of approximately 32ha as illustrated in Figure 3, incorporating almost 2km of river frontage.”

B. It is further recommended that Council not approve the section 96 Application to Modify Development Consent 03-3620 to remove the current restrictions on the short term (daily) stockpiling sites to allow short term stockpiling to occur throughout the quarry areas as they are being worked.

Moved Clr Garnham, Seconded Clr Geoghegan

CARRIED


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9.2.5 REZONING OF LOTS 130 & 131 DP 136187, LOT 1 DP 248728, NEW ENGLAND HIGHWAY & RIVER ROAD WINDELLA

File No: RZ05003

Attachments: Locality Plan Draft LEP map

Responsible Officer: Monica Gibson City Strategist

Author: Arthur Tsembis Strategic Planner

EXECUTIVE SUMMARY A request has been made to rezone Lots 130 & 131 DP 136187 and Lot 1 DP 248728, New England Highway & River Road Windella, from Zone 1(b) Secondary Rural Land to part 1(c) Rural Small Holdings and part 7(b) Environmental Protection Buffer. This proposal is consistent with the objectives and description of the respective zones, and is in accordance with the Maitland Urban Settlement Strategy, which identifies the subject land as a preferred rural residential investigation area. The applicant has addressed many of the key issues, such as flora and fauna, visual aspects, archaeological investigation, bushfire assessment, traffic impact, access to utility services, geotechnical capability of the land and acoustics. Sufficient detail is provided in the report to enable an assessment of the suitability of the site for the proposed rezoning. Supplementary information will however be necessary to determine the extent of environmental impacts prior to any development consent for the development of the land. The 1(c) zone makes provision for rural residential allotments having a minimum area of 4000m2 with an average lot size of not less than 5500m2. A review of the key issues has been conducted to assess the site’s capacity for rural residential development and suitability of the 1(c) Rural Small Holdings Zone. The 7(b) zone will provide a visual buffer along the New England Highway (NEH) and provide an opportunity to rehabilitate, enhance and protect a remnant patch of vegetation, which has the attributes of several endangered ecological communities. Reticulated water and sewer will be available to the site and therefore any future development will be required to connect to these services. As such, Council could consider a 1(d) Rural Residential zone with a minimum lot size of 2000m2. However, a 1(d) zone could result in a development that would be out of character with the rural landscape and impact on the visual quality of the locality. The owner of Lot 131 has entered into a ‘Deed of Agreement’ with the Royal Newcastle Aero Club to facilitate the extension of the east-west runway. The purpose


REZONING OF LOTS 30 & 31 DP 550026, NEW ENGLAND HIGHWAY & RIVER ROAD LOCHINVAR (Cont.)

Page 38

of the ‘Deed of Agreement’ is to ensure that the runway extension will be carried out and therefore addresses the issue of noise impacts from the aerodrome. It is recommended that Council resolve to prepare and exhibit a draft amendment to the Maitland Local Environmental Plan 1993 under Section 54 of the Environmental Planning and Assessment Act 1979 to amend the zoning of the land from 1(b) Secondary Rural Land to part 1(c) Rural Small Holdings and part 7(b) Environmental Protection Buffer.


1. Pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979, (EP&A Act) Council resolve to prepare a draft Local Environmental Plan (LEP) to rezone Lots 130 & 131 DP 136187 and Lot 1 DP 248728 from Zone 1(b) Secondary Rural Land to part 1(c) Rural Small Holdings and part 7(b) Environmental Protection Buffer.

2. Pursuant to Section 54(4) of the EP&A Act Council inform the Director-General of its decision to prepare a draft LEP and that, unless the Director-General makes a direction to the contrary, an environmental study is not required pursuant to Section 74(2)(b) of the EP&A Act.

3. Pursuant to Section 62 of the EP&A Act Council consult with public authorities that may have an interest in the draft LEP. Further, Council consult with any other organization that may be affected by the proposal.

4. Upon receipt of advice from the Director-General and other public authorities in accordance with 2 & 3 above, the draft local environmental plan be placed on public exhibition for a period of twenty-eight (28) days pursuant to Section 66 of the EP&A Act.

5. Should no objections be received by Council at the conclusion of the exhibition period and no issues arise which may preclude the adoption of the plan, the matter be referred to the Department of Infrastructure, Planning & Natural Resources requesting that the Minister make the plan.

Moved Clr White, Seconded Clr Way

CARRIED


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9.2.6 RECYCLED WASTEWATER SCHEME, THORNTON NORTH

File No: RZ05004, 145/10

Responsible Officer: Leanne Harris Manager Strategic Services

Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY A recycled wastewater scheme is proposed for the Thornton North release area in conjunction with the Hunter Water Corporation treatment works at Morpeth. The purpose of this report is to determine support for the introduction of development control provisions for this new scheme and to request an IPART review of the fees and charges relating to connection costs for the scheme.

OFFICER'S RECOMMENDATION THAT:

1. Council support the introduction of a reticulated recycled wastewater scheme at Thornton North, to service the urban release area, through development control provisions and other mechanisms to ensure that all dwellings are connected to the scheme.

2. Council write to the Hunter Water Corporation indicating their support for the scheme, and requesting an IPART review of the fees and charges relating to connection costs at the dwelling construction stage for the recycled wastewater scheme.

COUNCIL RESOLUTION THAT:

1. Council support the introduction of a reticulated recycled wastewater scheme at Thornton North, to service the urban release area, through development control provisions and other mechanisms to ensure that all dwellings are connected to the scheme.

2. Council write to the Hunter Water Corporation indicating their support for the scheme, and requesting an IPART review of the fees and charges relating to connection costs at the dwelling construction stage for the recycled wastewater scheme.

3. Council seek a grant funding to cover the infrastructure costs.

Moved Clr Humphery, Seconded Clr Garnham


RECYCLED WASTEWATER SCHEME, THORNTON NORTH (Cont.)

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CARRIED Note: Clr Geoghegan left the chamber at 6.29 pm prior to discussion on the next item.


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9.2.7 REVIEW OF TOURIST DEVELOPMENT PROPOSAL, LOCHINVAR

File No: DA043580

Attachments: Council report 16 November 2004 Letter from DIPNR

Responsible Officer: Brad Everett Group Manager, Service Planning & Regulation

Author: Monica Gibson City Strategist

EXECUTIVE SUMMARY A request has been made by the applicant for the reactivation of the rezoning and development applications to permit the development of a tourist facility and residential village at St Helena Close, Lochinvar. Since Council’s resolution to prepare a draft local environmental plan on 16 November 2004, advice has been received from the (then) Department of Infrastructure, Planning and Natural Resources. The Department requested that Council undertake a comprehensive strategy for the entire Lochinvar village and future development area, prior to the development of the French themed village to enable consideration of the linkages between the tourist facility and future residential development in Lochinvar. Council has recently been successful in receiving grant funding ($40,000) for the preparation of a structure plan for the Lochinvar area. Work on the structure plan has commenced and it is expected that a draft plan will be prepared by early 2006. The tourist facility is by its nature a “stand-alone” proposal, with a necessity to be distinct from existing and future residential development. The residential component of the proposal (in total approximately 190 dwellings) is secondary to the primary purpose as a tourist facility (tourist accommodation, recreational facilities, chapel, restaurant). In addition, the proposed retail facilities (day spa, café, gift shops) are designed and scaled to service the tourist resort functions and visitors to the village. These retail areas would not service the needs of the existing or future Lochinvar community. Therefore, it is unlikely that the establishment of a limited number of specialised housing within a serviced tourist village will have a negative effect on future urban development in Lochinvar. The St Helena Tourist Village is an independent proposal to the preparation of a structure plan for Lochinvar and the two investigations could occur simultaneously without affecting the integrity of each process.



REVIEW OF TOURIST DEVELOPMENT PROPOSAL, LOCHINVAR (Cont.)

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1. Council reaffirm its resolution to prepare a draft local environmental plan for Lot 3 DP 634523, Lot 1 DP 997240 and Part Lot 28 DP 633208, St Helena Close, to introduce a specific enabling clause to permit the development of a French themed village and tourist facilities.

2. Council write to the Regional Director of the Department of Planning requesting a review of the decision not to support the draft plan for St Helena Tourist Village on the following justifications:

• Independent nature of a tourist facility, including retail functions

• Minimal effect of the proposed residential component of the tourist village on future urban land development

• Uncertainties regarding the timing and finalisation of the Lower Hunter Regional Strategy

Moved Clr Woods, Seconded Clr Way

CARRIED Note: Clr Geoghegan returned to the chamber at 6.35 pm following the determination of Item 9.2.7


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9.2.8 HERITAGE HOLDEN MAITLAND TRIATHLON 2005

File No: 122/944/3

Responsible Officer: Chris James Manager Assets & Infrastructure Planning

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY The Maitland Triathlon Club Inc. are preparing to host the 2005 Heritage Holden Maitland Triathlon at Morpeth and are seeking Council approval for the running of the event and subsequent temporary road closures. The proposed date of the event is Sunday 16th October 2005 between 8.00am and 12.30pm. The event will be staged as in previous years, around Morpeth CBD with the transition area being situated on the banks of the Queens Wharf boat ramp. The triathlon consists of a 1,000m swim followed by a 30km bike ride and an 8km run through Morpeth CBD.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT

The recommendation of the Local Traffic Committee to temporarily close Queens Wharf Road, and partially close the northern side of Swan Street from Tank Street to Robert Street, Morpeth in association with the Heritage Holden Maitland Triathlon on Sunday 16th October 2005 between 8.00 a.m. and 12.30 p.m., be approved subject to the conditions outlined in the report.

Moved Clr Garnham Seconded Clr Humphery

CARRIED


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9.3 FINANCE AND ADMINISTRATION

9.3.1 FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2005

File No: 2/10

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY Council has prepared the financial reports for the year ended 30 June 2005, to be referred to Council’s auditors PricewaterhouseCoopers for audit in accordance with Section 413 of the Local Government Act, 1993.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION 1. THAT in accordance with Section 413(2)(c) of the Local Government Act, 1993 the following statement of Council be adopted:

(a) The attached General Purpose Financial Reports have been prepared in accordance with:

• The Local Government Act 1993 (as amended) and the Regulations made thereunder

• The Australian Accounting Standards and professional pronouncements

• The Local Government Code of Accounting Practice and Financial Reporting

• The Local Government Asset Accounting Manual.

(b) To the best of our knowledge and belief, these Reports

• Present fairly the Council’s operating result and financial position for the year, and

• Accord with Council’s accounting and other records.

(c) We are not aware of any matter that would render the reports false or misleading in any way.

2. THAT in accordance with the Local Government Code of Accounting Practice and Financial Reporting the following statement of Council be adopted:


FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2005 (Cont.)

(a) The attached Special Purpose Financial Reports have been prepared in accordance with:

• NSW Government Policy Statement “Application of National Competition Policy to Local Government”

• Department of Local Government Guidelines “Pricing & Costing for Council Businesses: A Guide to Competitive Neutrality”

• The Local Government Code of Accounting Practice and Financial Reporting

(b) To the best of our knowledge and belief, these Reports

• Present fairly the Council’s operating result and financial position for each of Council’s declared Business Activities for the year, and

• Accord with Council’s accounting and other records.

(c) We are not aware of any matter that would render the reports false or misleading in any way.

Moved Clr Fairweather, Seconded Clr Way

CARRIED

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9.3.2 DISCLOSURE OF INTEREST RETURNS

File No: 35/1/2 & 35/1/3


Author: Matt Ryan Corporate Documents Coordinator

EXECUTIVE SUMMARY This report presents the annual disclosure of interest returns required from Councillors and designated officers.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the Disclosure of Interest Returns, as tabled, be received and noted.

Moved Clr Way, Seconded Clr Casey

CARRIED


10 ITEMS FOR INFORMATION

10.1 LOCAL GOVERNMENT (GENERAL) REGULATION 2005

File No: 35/8


Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.

Moved Clr Humphery, Seconded Clr Procter

CARRIED

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10.2 LONDON TERROIST ATTACKS

File No: 35/5/1

Responsible Officer: Peter Blackmore Mayor

Author: Peter Blackmore Mayor

EXECUTIVE SUMMARY Following the bombings in London on 7 July 2005 a letter of condolence was forwarded from the City of Maitland to the Mayor of London. A letter has bee received from the Mayor of London in response to Council’s letter.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this Report be noted.


CARRIED

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10.3 STATEWIDE MUTUAL LIABILITY SCHEME

File No: 81/17

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Frank Shrimpton Property and Risk Management Coordinator

EXECUTIVE SUMMARY To provide Council with information regarding the receipt of a Risk Management Bonus 2004/2005 from Statewide Mutual Liability Scheme.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT the information contained in this report be noted.


CARRIED

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11 NOTICE OF MOTION/RESCISSION

Nil

12 QUESTIONS WITHOUT NOTICE

Clr Fairweather asked if an answer could be provided on why his requests in regards to the Street Sweeper had not been resolved. Group Manager City Works and Services advised he would investigate the matter.

13 URGENT BUSINESS

Nil

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14 COMMITTEE OF THE WHOLE

14.1 CONSIDERATION OF SALE OF LOT 83 DP 734577 14 ARTHUR STREET RUTHERFORD

File No: P31564

Responsible Officer: GRAEME TOLHURST Group Manager Finance and Administration

Author: FRANK SHRIMPTON Property and Risk Management Coordinator

EXECUTIVE SUMMARY The purpose of this report is to obtain Council endorsement for the sale of Lot 83 DP 734577 14 Arthur Street Rutherford.

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

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

Moved Clr Way, Seconded Clr Garnham

CARRIED

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14.2 PROPOSED SALE OF COUNCIL LAND 67 CARRINGTON STREET HORSE SHOE BEND.

File No: P12606



EXECUTIVE SUMMARY Council owns vacant land of approximately 1042 square metres at 67 Carrington Street Horse Shoe Bend which is classified Operational Land and is zoned 2(b) Flood Liable Residential. This report seeks Council s endorsement of the selling of this parcel of land.


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

Moved Clr Way, seconded Clr Garnham

CARRIED

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14.3 TENDER - SWIMMING POOL KIOSKS OPERATING LEASE

File No: 137/951

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Kelvin O'Brien Manager Waste & Recreation Services

EXECUTIVE SUMMARY Tenders for the lease of swimming pool kiosks at East Maitland and Maitland were called and closed on 6 September 2005. These tenders were called due to the termination of the previous lease at Maitland and East Maitland Pool Kiosks by Christensen’s Complete Catering Service. This report provides details of the tender process, tenders received and tender evaluation criteria. Tender evaluation information is provided, based on the tender submissions received, subsequent tender queries and reference checks, and the financial return to Council. Evaluation of the tenders received has resulted in a recommendation to Council to adopt the best overall outcome, which is based on one (1) tenderer that will operate both kiosks.


(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

Moved Clr Way, Seconded Clr Garnham

CARRIED

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14.4 PERFORMANCE REPORT

File No: E10430

Responsible Officer: Clr Peter Blackmore Mayor

Author: Clr Peter Blackmore – Mayor Clr Vicki Woods – Deputy Mayor Clr Peter Garnham Clr Ray Fairweather

EXECUTIVE SUMMARY A performance review panel structured in accordance with the terms of the General Manager’s contract of employment met with the General Manager on Monday, 22 August 2005, to conduct the annual performance review of the General Manager. This report presents the outcomes of the review for discussion and endorsement by the Council.


(a) personnel matters concerning particular individuals Moved Clr Way, Seconded Clr Garnham

CARRIED

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15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

15.1 CONSIDERATION OF SALE OF LOT 83 DP 734577 14 ARTHUR STREET RUTHERFORD

File No: P31564

Attachments: Location Plan



EXECUTIVE SUMMARY The purpose of this report is to obtain Council endorsement for the sale of the above property.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT:

1. Council resolve to sell Lot 83 DP 734577 14 Arthur Street Rutherford to Maitland City Bowls Sport & Recreation Club Ltd on the terms expressed in this report.

2. Council approve the affixing of the Common Seal of Council to all documents required for the sale and transfer of the land.

Moved Clr Garnham, Seconded Clr Way

CARRIED


Page 56

15.2 PROPOSED SALE OF COUNCIL LAND 67 CARRINGTON STREET HORSE SHOE BEND.

File No: P12606



EXECUTIVE SUMMARY Council owns vacant land of approximately 1042 square metres at 67 Carrington Street Horse Shoe Bend which is classified Operational Land and is zoned 2(b) Flood Liable Residential. This report seeks Council s endorsement of the selling of this parcel of land.


1. Council resolve to sell the land as identified and on the terms detailed in this report.

2. The Common Seal of Council be affixed as required to all documents necessary to complete the sale and transfer of the land.


CARRIED


15.3 TENDER - SWIMMING POOL KIOSKS OPERATING LEASE

File No: 137/951

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Kelvin O'Brien Manager Waste & Recreation Services

EXECUTIVE SUMMARY Tenders for the lease of swimming pool kiosks at East Maitland and Maitland were called and closed on 6 September 2005. These tenders were called due to the termination of the previous lease at Maitland and East Maitland Pool Kiosks by Christensen’s Complete Catering Service. This report provides details of the tender process, tenders received and tender evaluation criteria. Tender evaluation information is provided, based on the tender submissions received, subsequent tender queries and reference checks, and the financial return to Council. Evaluation of the tenders received has resulted in a recommendation to Council to adopt the best overall outcome, which is based on one (1) tenderer that will operate both kiosks.


1. Council accept the tender of Campus Catering & Services Pty Ltd in the amount of ($4,500) per annum, for the lease of both East Maitland and Maitland Pool Kiosks for a period of three (3) years with an option of an additional two (2) years.

2. The common seal of Council be affixed to the pool kiosks licence agreement.


CARRIED

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15.4 PERFORMANCE REPORT

File No: E10430

Responsible Officer: Clr Peter Blackmore Mayor

Author: Clr Peter Blackmore – Mayor Clr Vicki Woods – Deputy Mayor Clr Peter Garnham Clr Ray Fairweather

EXECUTIVE SUMMARY A performance review panel structured in accordance with the terms of the General Manager’s contract of employment met with the General Manager on Monday, 22 August 2005, to conduct the annual performance review of the General Manager. This report presents the outcomes of the review for discussion and endorsement by the Council.

COMMITTEE RECOMMENDATION/COUNCIL RESOLUTION THAT Council endorse the general content and recommendations of the report from the review panel, and the overall high level of satisfaction with the performance of the General Manager in this role.


CARRIED

16 CLOSURE

The meeting was declared closed at 8.15 pm.

....................……............ ......……......................... General Manager Chairperson

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