ITEM NO: 1 SUBJECT: EXPRESSIONS OF INTEREST FOR THE ... · 1. That Council invite the firms of: Walter Construction Group Ltd, Glascott Group, J A Bradshaw Pty Ltd, North Shaw Paving

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 25/6/02

ITEM NO: 1 SUBJECT: EXPRESSIONS OF INTEREST FOR THE CONSTRUCTION OF

CARRINGTON PLACE, KATOOMBA KP-EOI 01/02 FILE NO: C05801 Recommendations: 1. That Council invite the firms of: Walter Construction Group Ltd, Glascott Group, J A

Bradshaw Pty Ltd, North Shaw Paving Co. Pty Ltd and Nace Civil Engineering Pty Ltd to tender for the construction of Carrington Place, Katoomba KP 02/02 and that the remaining firms be formally advised that their application has been unsuccessful.

2. That the outcome of formal tenders be reported to Council for determination once

tender submissions have been reviewed. Report by Group Manager, Strategy: Expressions of interest were invited from suitably experienced contractors interested in tendering for the construction of Carrington Place Katoomba. The expression of interest was advertised for a period of 35 days in accordance with Council’s Tendering Guidelines. The decision to seek expressions of interest was made in order to expedite the tendering process for this project. By pre-qualifying potential tenderers Council will save time on the tender review process as all pre qualified tenderers will meet the necessary criteria to allow them to complete the project. The final assessment will be based on issues such as submitted price, potential start date and the expected duration of the construction period. Pre qualification also saves companies that do not meet the necessary criteria from having to go to the considerable expense of preparing a tender. Under the current program the successful companies will be given the contract documentation and design drawings in mid July 2002 with their tender submissions being reported to Council at the meeting of the 20 August 2002. We anticipate construction commencing in early September 2002 and being finalised by mid December 2002. The expressions of interest for this contract closed on the 4 June 2002. 19 sets of documents were issued with 10 formal submissions being received, from: 1. Avoca Constructions Pty Ltd., 2. Axis Building Group, 3. Glascott Group., 4. J A Bradshaw Pty Ltd., 5. Landscaping Construction Pty Ltd., 6. Nace Civil Engineering Pty Ltd., 7. North Shaw Paving Co. Pty Ltd.,

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PLANNING FOR A SUSTAINABLE FUTURE Item 1 - Ordinary Meeting, 25/6/02

8. Now and Zen Landscapes Pty Ltd., 9. Ultra developments Pty Ltd., 10. Walter Construction Group Ltd.,

All expressions of interest have been assessed using the weighted attribute evaluation method relating to the selection criteria specified in the brief and in accordance with the Local Government Tendering Regulations, 1999, the summary of the selection criteria attributes and the adopted weighting is listed below:

Attribute Weighting a. Demonstrated nature and extent of previous experience in similar projects involving work in public places.

40%

b. Qualifications and relevant experience of assigned project personnel.

25%

c. Financial management and co-ordination capabilities with projects of similar value.

10%

d. Demonstrated quality of previous work of a similar nature.

25%

Total 100% The summary of the averaged weighted attribute score from the tender evaluation panel is listed in the table below:

Company

Averaged Weighted Attribute Score

1. Walter Construction Group Ltd 3.58 2. Glascott Group 3.08 3. J A Bradshaw Pty Ltd 2.83 4. North Shaw Paving Co. Pty Ltd 2.62 5. Nace Civil Engineering Pty Ltd 2.30 6. Landscaping Construction Pty Ltd 2.02 7 Axis Building Group 1.93 8. Now and Zen Landscapes Pty Ltd 1.77 9. Avoca Constructions Pty Ltd 1.43 10. Ultra Developments Pty Ltd 0.75 Discussion All of the submitted expressions of interest were assessed by the tender evaluation panel against the nominated evaluation criteria. The individual scores against each attribute were multiplied by the adopted weighting to determine a weighted attribute score. The score from each of the three panel members was then averaged and recorded in the above table. The panel considered that the firms who had the top five weighted attribute scores had demonstrated that they had the ability and experience to undertake the construction of the Carrington Place project. This project requires a contractor that is capable of undertaking a project on a heritage site in a town centre.

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The project also requires a variety of skills including civil works, landscape, stonework, lighting and civic works. Our objective is to ensure that the completed project is of a high quality in keeping with the heritage significance of the site and its community function. The selected five firms provide a mix of large to smaller firms and firms varying from multi disciplinary to firms that specialise in civil or landscape projects. Funding As noted earlier in this report, this is a preselection process. A contract will not be issued as a result of this process. When tender submissions are assessed from the preselected firms, the outcome of that assessment will be reported back to Council for an ultimate decision. This project is currently funded under the Katoomba and Echo Point revitalisation project. Comments from the Tender Review Committee The Tender review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process. Conclusion This is an important project with significant community interest which is to be completed as part of the four year funded Katoomba revitalisation program. This is the first important step in letting a tender to construct Carrington Place, Katoomba. This report recommends that Council preselect the following companies to submit a formal tender for this project. 1. Walter Construction Group Ltd 2. Glascott Group 3. J A Bradshaw Pty Ltd 4. North Shaw Paving Co. Pty Ltd 5. Nace Civil Engineering Pty Ltd It is considered that all of the recommended firms have the ability to successfully undertake this project.

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 25/6/02

ITEM NO: 2 SUBJECT: KATOOMBA/ECHO POINT REVITALISATION PROJECT

PROGRESS REPORT FILE NO: C03134 Recommendation: That Council receives the Katoomba/Echo Point revitalisation project progress report and notes the significant progress made to date and that this be communicated to the general community through the media and internet site. Report by Group Manager, Strategy: Council’s Strategy Group commenced leading and managing the four year funded Katoomba Echo Point Revitalisation program in March 2001. The current program is 80% completed and on target to be finalised in March 2003 as planned. The last progress report on the overall project in July 2001 gave an overview and an update on the various projects that made up the four year funded program which Council has the responsibility for delivering. This report will advise Councillors of the current status of all of the component projects. State Government Funding Package The Katoomba Charrette report, under section 12.2 identified the funding package that was announced by the State Government. The status of these itemised funded projects is listed below:

• Heritage building and Façade Improvement Program including grants for improvements to select building facades in the town centre.

Status Program nearing completion. This project has been a successful collaborative partnership between commercial interests and Council. Over 70% of the facades of the Katoomba Street shops will be upgraded at the end of this program.

• Construction of 60 commuter car parking spaces at Goldsmith Place and associated streetscape improvement works.

Status This project relies on the relocation of the State Rail depot. Agreement has been reached to relocate the depot, appropriate sites are currently being investigated for relocation and planning of the commuter car park can be finalised. Concept designs have been prepared to determine feasibility. Once the relocation is confirmed the masterplan will be completed including community input.

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• Consultancy to evaluate impact and identify appropriate controls for stormwater

management. Status This work was integrated into the Echo Point project, a new environmentally friendly stormwater drainage system is currently being installed at Echo Point and is close to completion.

• Provisions of youth arts facilities/programs. Status This program has been successfully completed with new facilities for the Pumpkin Factory, part of the Upper Mountains Youth Resource Centre.

• Strategic assessment and masterplanning of the TAFE East site by the State Government’s Infrastructure Partnership Services (including the envisaged provision of an Art Gallery, Cultural Centre and Council/NPWS Visitor Centres) and ongoing marketing.

Status Council initiated and adopted a masterplan for the TAFE East site and adjoining sites to align the project with the Katoomba Revitalisation Project and inform the State Government tender process. This project is subject to commercial in confidence agreements and Council has been unable to publicly exhibit the master plan, however it is intended to be displayed at the earliest possible opportunity. This significant project has been the subject of a considerable level of investigation and negotiation between the State Government, the preferred proponent and Council. A decision is anticipated in the near future from the State Government regarding the viability of the tendered project to proceed.

• Masterplanning of surplus State Government sites including the Katoomba Goods Yard and SRA Depot.

Status Significant community consultation and option development has resulted in the completion of a concept plan for the Goods Yard site being adopted by Council. The Masterplan is currently with the State Government for finalisation.

• Katoomba Streetscape improvement works including heritage lighting provision, at-grade pedestrian access across the railway line at Katoomba Station, general street beautification works and pooling of car parking on the eastern side of Katoomba Street.

Status A number of projects are either completed or are in the detailed planning/design phase or tendered. Specific projects and their status are itemised in the project list tabled in this report. The at grade pedestrian crossing was not supported by State Rail however the Government has recently provided easy access to the Katoomba Station from the south.

• Design and construction of new shuttle bus shelters in the town centre. Status The construction of the new bus shelters, marker poles and additional seating is now complete. Private bus operators are also running a dedicated shuttle bus service to Echo Point as envisaged in the revitalisation outcomes report.

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• Design and construction of improvements to the Katoomba Civic Centre (dollar for

dollar partnership with BMCC). Status This project has been deferred pending the decision on the adjacent TAFE East development as the two projects are inter-related.

• Detailed design and Stage 1 restoration of Kingsford Smith Park. Status Work is in progress on the restoration of the Park. Removal of weeds, privet and ivy is currently being undertaken and an arborist will assess the health of the trees. Options are currently being assessed to improve the footpath on Gang Gang Street and provide a new handrail adjacent to that path, along with improvements to paths leading into the park.

• Funding for a Project Manager for the Katoomba Echo Point Project for a period of four years.

Status The current contract is scheduled to be completed by March 2003 and the project is on target.

Overall Four Year Funded Program The status of all of the projects that are being undertaken as part of the four year funded program is listed below in the following table, these projects include both State Government and Council funding. Project Title Sub Projects Project Status Katoomba Streetscape Improvement Works

Town Centre façade program

61 approvals have been issued with 50 sites complete.

Street tree surrounds Complete Katoomba Street trees

and landscaping 95% completed. To be finalised by 30 June 2002

Seats tables stools Complete Design, purchase and

install feature bin surrounds

Complete

Avenue trees Katoomba Lurline and Parke Streets

First design options to be presented to the Implementation Taskforce in June.

Katoomba Street lighting Lighting design is complete, Integral Energy currently has the installation work out to tender and installation should be complete by August/September 2002

Commonwealth Bank Mural

Complete

Pryor Place Mural Complete

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Project Title Sub Projects Project Status Public toilets Studleigh

Place Masterplan complete and on display, architect has been engaged to design the new toilets. Negotiation with the Church regarding public access to the front yard of the church site is progressing positively.

Profile and reseal Waratah Street

Complete

Direction signage Consultant appointed, design work in progress.

Landscaping to Highway entrance

Proposed design presented to the Implementation Taskforce in June and decision made to proceed.

Yeaman Bridge Roundabout construction

Complete

Yeaman Bridge roundabout urban design improvements

Design work is being finalised with work scheduled to be completed by December 2002

Yeaman Bridge roundabout artwork

The artist brief has been finalised and is being advertised, current funding is for the development of options only.

Katoomba Issues paper and Masterplan

Complete

Waratah Street footpath Complete Construction of commuter parking in Goldsmith Place

Katoomba commuter parking

Goldsmith place on street parking design complete, relocation of the SRA depot currently being pursued

Provision of Youth arts facilities

Youth Artstart Program Complete

Design and construction of shuttle bus shelters in town centre

Bus shelter and shuttle sign posts

Complete

Detailed design and Stage 1 restoration of Kingsford Smith Park

Kingsford Smith Park Current funding for this project will only commence the project. The objective has been to address access and safety issues with some visual improvements. On site work has now commenced with removal of under-storey and noxious weeds. The balance of the scheduled works will be staged and will be completed before March 2003.

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Project Title Sub Projects Project Status Master planning and proposals for key sites

Goods Yard site masterplan

Council adoption of concept plan complete, project is with the State Government to finalise the Masterplan.

Goldsmith Place masterplan

Draft concept plan prepared which requires the relocation the SRA depot. Negotiations currently in progress to find suitable sites for the depot to enable completion.

TAFE East site redevelopment

A masterplan commissioned by Council has been completed to inform the negotiations currently underway with the developer and the State Government.

Civic Centre Work on this site has been postponed subject to the outcome of the TAFE east site proposals

Echo Point Redevelopment

Design and development consent

Complete

Preselection, tender for and appointment of contractor

Complete

Construction contract The first stage including the Visitor Information Centre and the new toilet block 90% complete, scheduled for opening in mid July 2002. The second stage which includes the balance of the works is still scheduled for completion in December 2002 even though there have been significant delays due to wet weather

Carrington Place Prepare Conservation Management Plan and Heritage Impact Statement

Complete

Lease negotiation Complete Community Consultation

and DA submission Complete

Preselection of contractors

Complete. Reported to Council 25 June 2002

Construction Anticipate start of work in September 2002

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LEP for Katoomba Commercial Precinct DLEP 2002, including Katoomba precinct provisions for all precincts other than TAFE East, Goods Yard and SRA Depot sites completed and with Planning NSW awaiting its approval to place the LEP on public exhibition. Individual rezonings will be undertaken for the above sites separately as masterplanning is finalised. Private Sector Initiatives The overall revitalisation project was an opportunity to gain State Government and Council funding to initiate the revitalisation of the Katoomba town centre. It was seen as the catalyst to encourage private and further government expenditure in the town over time. Since the planning Charrette there has been a significant amount of commercial interest in both planning and construction within the town centre that raised the overall interest and vitality in the town. These initiatives include: rezoning and approval of a major development on the Goldsmiths Hardware store site, the approval of the Gateway Development on the old Holden dealer site, interest for a new supermarket on the TAFE East site in conjunction with the proposed cultural centre, the new commercial development on the corner of Katoomba Street and Waratah Street, the redevelopment of the new Youth Hostel in Katoomba Street, the reopening of the Palais Royale in Katoomba Street, the approval of a new mixed use development on the old Avalon restaurant site in Bathurst Road, the continued upgrading of the Carrington Hotel, the private funding contributions to the façade program and the provision of ‘Easy Access’ to the Katoomba station. These projects represent tens of millions of dollars of actual and potential investment and subsequent economic activity and local job creation. All of these projects show a renewed interest in the future commercial potential of Katoomba and help re-establish its significance and relevance as a regional centre. Katoomba Echo Point Revitalisation Advisory Implementation Taskforce The Council appointed community based Advisory Taskforce which comments on projects and informs decision making has continued to meet on a monthly basis. The Taskforce continues to be well attended and maintains the important link between Council and the local community established during the planning phase. Conclusion The Katoomba and Echo Point Revitalisation Project is the most ambitious and significant urban improvement project attempted for Katoomba and the Blue Mountains in living memory. Its success will have positive impacts locally and for the region. The 4 year funded program, made up of many projects and initiatives, is over 80% complete and is on target for its scheduled completion in March 2003.

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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 25/6/02

ITEM NO: 3 SUBJECT: DETERMINATION BY THE LOCAL GOVERNMENT

REMUNERATION TRIBUNAL FOR MAYORAL AND COUNCILLOR FEES FOR 2002/2003

FILE NO: C01947 Recommendations: 1. That the annual Councillor Fee for 2002/2003 be set at $12,125 with effect from

1 July 2002. 2. That the Additional Mayoral Fee for 2002/2003 be set at $25,605 with effect from

1 July 2001 and $2,560 of the Mayoral Fee to be set aside for the Deputy Mayor when acting in the role of Mayor.

Report by General Manager: Sections 248 and 249 of the Local Government Act state:-

“(s248) Fixing and payment of annual fees for councillors 248 (1) (Annual fee) A council must pay each councillor an annual fee. (2) (Annual fee to be fixed accordingly) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal. (3) (Consistent) The annual fee so fixed must be the same for each councillor. (4) (Minimum fee) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal. (s249) Fixing and payment of annual fees for the mayor 249 (1) (Annual fee) A council must pay the mayor an annual fee. (2) (Additional fee) The annual fee must be paid in addition to the fee paid to the mayor as a councillor. (3) (Annual fee to be fixed accordingly) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal. (4) (Minimum fee) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal. (5) (Deputy Mayor) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.”

The Local Government Remuneration Tribunal has recently made a determination concerning the categorisation of councils and the fees to be paid during the year 2002/2003 to Councillors and Mayors. A copy of the determination has been provided separately to Councillors.

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PROVIDE GOOD GOVERNMENT Item 3 - Ordinary Meeting, 25/6/02

In the case of Blue Mountains City Council, this means an increase of $355 per annum per Councillor plus $745 per annum for the Mayor. The increases awarded for 2001/2002 were $770 per annum for Councillors and $2,260 per annum for the Mayor.

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ITEM NO: 4 SUBJECT: 2002 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT FILE NO: C05451 Recommendations: 1. That Council representatives attend the 2002 National General Assembly of Local

Government to be held at Alice Springs from 3 - 6 November 2002 2. That Council nominate one voting delegate for the 2002 National General Assembly of

Local Government. 3. That Council considers whether it wishes to nominate any further Councillors to the

2002 National General Assembly of Local Government. Report by General Manager: Council resolved at its Meeting of 28 May 2002 (subject to confirmation of the Minutes) the following resolutions:

“That Councillor Hamilton be the voting delegate.”

and

“That Councillors Angel, Egan and Myles be observers.”

(Minute No. 183, 28 May 2002)

Technically, the Council is required to pass the motion to nominate a voting delegate for the National Assembly then decide on the delegate and any observers. It would appear that, while the voting delegate was duly authorised, the substantive motion to attend had not been formally put and voted on. While it may be implied in the decision to authorise the attendance at the Assembly, when examining the exact words of the resolution passed the matter is less than clear. Accordingly, the item (as attached to this report) is recommitted to Council to formally pass a motion for the Councillors to attend the Assembly.

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Attachment

PROVIDE GOOD GOVERNMENT

Ordinary Meeting, 28/5/02 ITEM NO: 8 SUBJECT: 2002 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT FILE NO: C05451 Recommendations: 1. That Council nominate one voting delegate for the 2002 National General Assembly of Local

Government to be held at Alice Springs from 3 - 6 November 2002. 2. That Council considers whether it wishes to nominate any further Councillors to the 2002

National General Assembly of Local Government. Report by General Manager: The 2002 National General Assembly of Local Government will be held in Alice Springs from 3 - 6 November 2002. Council may nominate any number of Councillors to attend. However, Council is only entitled to one voting delegate. This year’s theme is ‘Civil Society: The Leadership Challenge’:

“As elected local representatives and officials of our communities, we have a significant role to play in building a civil society. As we reflect upon the past year, there are many examples of local leadership both at home and abroad. We live in challenging times and how we as leaders interpret and respond to these challenges, guides the community’s response.

Civil societies respect their members, their institutions, the environment and surrounding culture.”

Speakers at the Conference will be: - Lieutenant General P J Cosgrove, AC, MC - Mr Neville Roach, AO (Chairman of Fujitsu) - Mr Rick Farley (Managing Director of the Farley Consulting Group) Depending upon the duration of stay, method of transport, etc, the cost per delegate will be in the vicinity of $2,500, including conference registration fees. Last year, two Councillors from this Council attended the conference, one as a voting delegate, and the other as an observer.

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ITEM NO: 5 SUBJECT: COUNCIL MEETING SCHEDULE - JULY TO DECEMBER 2002 FILE NO: C01055 Recommendations: 1. That Council adopt a revised Council meeting schedule for the July-December period,

as follows: 7.30 pm 9 July 2002 7.30 pm 30 July 2002 7.30 pm 20 August 2002 7.30 pm 10 September 2002 7.30 pm 8 October 2002 7.30 pm 22 October 2002 7.30 pm 12 November 2002 7.30 pm 3 December 2002 2. That the election of Mayor and Deputy Mayor now take place at the Council Meeting

of 10 September 2002. 3. That the amended schedule be appropriately publicised. Report by General Manager: The previously adopted Council Meeting Schedule was broadly based on a three-weekly meeting cycle, allowing for school holidays, and the Local Government Association Conference (26 to 31 October 2002). The adopted meeting schedule was also influenced by the requirements of Council’s statutory reporting, eg Management Plan, Quarterly Reviews and financial reporting. Since the adoption of the Schedule concerns have been raised about the frequency of deviations from the three-week cycle approach and its impact on the size of the Business Paper. In addition, the adopted Meeting Schedule provides for a Meeting on 5 November 2002, which will now fall during the 2002 National General Assembly of Local Government at Alice Springs likely to be attended to by some Councillors. Accordingly a review of the Meeting Schedule has been undertaken and a revised schedule is recommended which applies more consistently the three weekly meeting cycle approach. The deviations are for the Meeting of 1 October, which has been deferred to 8 October, to cater for the October long weekend and the first week of the School Holidays. In addition, to accommodate the attendance at the Local Government Association Conference and the National Assembly Conference, and to ensure the orderly transaction of Council business, meetings are proposed just prior to the Conferences ie 22 October and immediately after ie 12 November 2002.

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In proposing the revised schedule, account has been taken of the Mayor’s power to call an Extraordinary Meetings should it be needed, particularly just prior to the Christmas Break to clear necessary matters. The recommended revised schedule is as follows:

7.30 pm 9 July 2002 7.30 pm 30 July 2002 7.30 pm 20 August 2002 7.30 pm 10 September 2002 7.30 pm 8 October 2002 7.30 pm 22 October 2002 7.30 pm 12 November 2002 7.30 pm 3 December 2002 The election of Mayor and Deputy Mayor was previously scheduled for 17 September 2002. It is proposed this be rescheduled for 10 September 2002.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 25/6/02

ITEM NO: 6 SUBJECT: FINALISATION OF MANAGEMENT PLAN, BUDGET AND MAKING

RATES FOR 2002/2003 FILE NO: C05069 Recommendations (by separate resolution): A. ADOPTION OF MANAGEMENT PLAN AND BUDGET 1. That after considering community submissions, Council adopt the draft Management

Plan and Budget for 2002/2003, incorporating the Capital Works Program and Fees and Charges, subject to the amendments proposed in ‘this Report’.

2. That the expenditure in the Budget and Capital Works Program for the year

2002/2003, incorporating the amendments proposed in this report, be approved and the necessary money to meet that expenditure be voted.

3. That the rate of interest on overdue rates and charges for the 2002/2003 financial

year be set at 9% p.a. 4. That approval be given to:

(a) the raising of all loan funds, as proposed in the “Statement of Revenue Policy” of the draft Management Plan and Budget and as also detailed in Part B - Section 7 of “this Report”, from the most appropriate lender on terms and conditions considered to be the most advantageous to Council as determined by the General Manager, and

(b) the affixing of Council’s Common Seal to all relevant loan documents.

5. That a proposed fee of $77.00 (incl. GST) per room per exhibition at Braemar Gallery

Springwood, as recommended by the Braemar Management Committee, be placed on public exhibition and be reported back to Council following the public exhibition period.

B. MAKING OF RATES AND CHARGES That whereas the Council has: (a) prepared a draft Management Plan for the year 2002/2003 in accordance with

Sections 402, 403 and 404 of the Local Government Act, 1993 and has given public notice of the draft Management Plan in accordance with Section 405 of that Act; and

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QUALITY LOCAL GOVERNMENT Item 6 - Ordinary Meeting, 25/6/02

(b) declared all rateable land in the area subject to the ordinary rate to be within one or

other of the categories specified in Section 514 of the Local Government Act 1993 and within sub-categories permitted within those categories and adopted by Council on 29 April 1997; and

(c) provided for public inspection a map which shows those parts of the area to which

applies each category and sub-category of the ordinary rate and each special rate; and

(d) adopted the Management Plan and Budget in accordance with Section 406 of the

Local Government Act, 1993 after taking into consideration public submissions thereon.

IT IS HEREBY RESOLVED 1. That an ordinary rate of the amounts specified in the Schedule A (Attachment 1)

attached hereto on the land value of all rateable land in the area in the categories and sub-categories described respectively in the Schedule be now made for the year 2002/2003 and that the minimum amounts of the ordinary rate as specified in the Schedule A (Attachment 1) attached hereto be levied in respect of each separate parcel.

2. That whereas the Council is of the opinion that: (a) all rateable land categorised as “business” within the centre of activity known

as rating sub-category “Springwood”, and (b) all rateable land categorised as “residential” contained within the centre of

population known as rating sub-category “K”, incorporating the townships of Faulconbridge, Winmalee, Springwood, Yellow Rock, Valley Heights and Hawkesbury Heights,

benefits or will benefit from the Springwood Town Centre Improvements commenced in 1994/95; or contributes or will contribute to the need for such improvements; or has or will have access to such improvements; it is hereby resolved that a Springwood Town Centre Improvements Special Rate of 0.00948 cents in the dollar be made and levied on all rateable land detailed above for the purposes of repaying money, to the sum of $700,000, borrowed to contribute to the cost of the said improvements.

4. That annual charges for the year 2002/2003 under Section 496 of the Local

Government Act, 1993 for the provision of Domestic Waste Management Services for each parcel of rateable land in the area are as follows:

Vacant Land with formed road access $72.00

Residential $168.00

and that there be an additional annual charge of $168.00 (Residential only) for each service provided in excess of one 240 litre bin per week.

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5. That whereas the Council is of the opinion that all rateable land in the Blue

Mountains area benefits from expenditure incurred in the provision of Emergency Services, all properties having access to such services on an ongoing basis and in recognised emergency situations, that the annual charge for the year 2002/2003 under section 501 of the Local Government Act, 1993 for the provision of Emergency Services is $32.45 for each parcel of rateable land in the area.

Report by General Manager: Introduction At the Council meeting held on 30 April 2002 Council resolved to place the Draft Management Plan on Public Exhibition. The public exhibition period extended from 1 May 2002 to 28 May 2002. A total of 18 written submissions have been received as at the time of finalising this report, some of these being received after the closing date of the public exhibition period. Under the provisions of Section 406 of the Local Government Act 1993, the Council is now required to consider all written submissions made within the public exhibition period and then, prior to 30 June 2002, adopt a final Plan and Budget. Following adoption of a Management Plan and Budget, Council must then by formal resolution make and levy the rates for 2002/2003. This must be done prior to 31 July 2002. However, having regard to the need to print and envelope rate notices for approximately 34,500 rateable assessments, it is important that the resolution making the rates be passed as soon as possible after the adoption of the Management Plan and Budget, preferably at the same meeting. The recommendations are ordered to enable Council to consider the various components of this process in sequential order. A. MANAGEMENT PLAN The 18 submissions received covered a wide range of issues. Copies of all submissions, other than all identical form letters or each individual petition sheets, have previously been made available to Councillors and were given detailed consideration at a recent Councillors Briefing Session. A list of submissions with responses to the issues raised is provided in Attachment 1 to this Report.

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B. REVENUE POLICY AND BUDGET 1. Major Budget Issues The 2002/2003 budget has been prepared through the application of the principles identified and recommendations made as part of the Long Term Financial Strategy. This has included a significant focus on reigning in Council’s operating costs, and in particular Council’s employment costs, in order to ensure the long term sustainability of the organisation. This has been a difficult process due to Council’s desire to continue the provision of existing service levels to the community despite the disparity between allowed increases in income under the rate pegging legislation and escalating operating costs relating to wage and salary award increases, the cost of Council’s insurance premiums, and significant increases in contributions to other levels of government. Despite the above, Council has developed a budget that it is considered best suits the current demands of the local community within the financial constraints with which we have to operate. The difficult decisions required to be made for 2002/2003 will assist with improving the ongoing financial health of the organisation. However, ongoing vigilance is required to ensure the targets established by the Long Term Financial Strategy are met and that Council can continue to service the existing and future assets held by the community. 1.1 Income • The rate pegging limit of 3.3% that has been set by the Minister for Local Government

has been applied. • The rating sub-categorisation system adopted with the 1997/1998 Management Plan and

used since that time has again been retained for the 2002/2003 financial year. As a condition of levying rates on a differential basis throughout the City. Council must identify and sub-categorise each residential property according to a ‘centre of population’. Council conducted a detailed review of the characteristics of each town and village within the city in compiling the 1997/1998 rate structure and obtained legal advice which resulted in the existing sub-categorisation. This rating structure is still considered to be valid and is therefore recommended for the 2002/2003 financial year with one small amendment in order to identify the centre of population identified as Sun Valley.

• The recommended rating structure, as placed on public exhibition in the draft

Management Plan, is based on new land values received from the Valuer General on which Council is required to levy rates in 2002/2003. As far as possible it maintains yields between rating Categories and Sub-Categories. The structure is set out in Schedule A (Attachment 1).

• The charge for domestic waste management is recommended to increase to $168.00 per

property. This is a 4.7% increase on the 2001/2002 charge. The proceeds of this charge must be expended on the provision of domestic waste management. The increase of $7.50 for 2002/2003 has been necessary due to the higher than anticipated participation rate in the bulky waste and kerbside green waste disposal initiatives.

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1.2 Capital Works Programme The program provides projects to the value of approximately $18.34 Million, comprising $4.81 Million in Regular Works and $13.05 Million in Major Works. Funding will come from $5.27 million in Grants, $4.32 Million in Restricted Assets (both cash held and projected asset sales), $7.2 Million in Loans ($3.45 Million raised in previous years), Revenue & Working Capital of $1.43 Million and $127,000 from Contributions. Million. In addition to projects that are staged over more than one financial year, there are a number of projects that were intended for completion in 2001/2002 that will be proposed to be carried over to 2002/2003. Many of these were foreshadowed and listed in the March Quarter Review. However, since that review a number of others have not progressed as intended for various reasons. Work has commenced on the majority of such projects and hence they are in progress. All projects where carry-overs from 2001/2002 to 2002/2003 are currently expected to be required, whether reported previously or not, have been listed it the Capital Works Programme document provided separately to Councillors with this Business Paper. Projected amounts for carry over have not been included at this stage as they are indicative only pending the finalisation of end of year accounting processes. The focus of the 2002/2003 Capital Works Programme has been on: • Meeting achievable community needs and honouring past commitments • Affordability • Capacity to deliver However, additional work will be required during 2002/2003 to improve the capacity to deliver component. The Capital Works Programme for 2002/2003 includes provision for planning, survey, design and consultation for a number of projects proposed to be delivered in future years. Further work will also to be done to obtain more accurate cost estimates for proposed projects, which will be assisted by improved project planning. Special attention is drawn to the fact that while the draft 2002/2003 Capital Works Programme is fully funded and a degree of planning and preparatory work has already been done in respect to a number of the projects, funding determination and detailed planning and design for the projects in the indicative Capital Works Programmes projected for future years’ is of necessity some time away. It therefore needs to be stressed that projects listed in these future years are therefore indicative only and will need to be reviewed prior to adoption in their respective years in order to meet the then ava ilable funding, evolving priorities and work load capabilities. 2. Amendments to Draft Operating Budget While the Draft Management Plan has been on public exhibition, work has been continuing on checking the draft budget provisions and estimates, taking into account the latest information available. A number of amendments are proposed to the draft Operating Budget, these being set out below:

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Explanation Sub Program Amount ($) WSROC Subscription 3.1.1 $4,820 EPA Grant for Environmental Audit - Income 6.1.1 ($100,000) EPA Grant for Environmental Audit – Expense 6.1.1 $100,000 Minor Adjustment to Superannuation Charge 13.2 ($6,620) Minor Adjustment to Worker’s Comp. Charge 3.1.8 ($1,965) Adjustment to Councillor, Mayor, and Deputy Mayor Fees and Allowances

2.2.1 ($9,044)

Proposed Budget Result (excluding proposed transfer from Working Capital)

($12,809)

As indicated, the above amendments, if accepted by Council, will result in a small surplus budget (excluding the proposed transfer from surplus Working Capital referred to under Amendment to the Capital Works Programme below) as opposed to the balanced budget in the original draft. However, in achieving this it is acknowledged that there are a number of other Program demands on Council that have been raised at both the officer level and through submissions which cannot be definitively addressed at this time due to a lack of financial resources. The budget also includes the distribution of Corporate Overheads as first adopted in 1999/2000. By allocating overheads to the individual sub program within the budget a more accurate picture of actual costs associated with each sub program can be presented. Corporate Overheads have been distributed based on an analysis conducted by the accounting firm PricewaterhouseCoopers. A new Operating Budget document, incorporating the above recommended variations, has been provided separately to Councillors with this Business Paper. 3. Amendments to the Capital Works Programme There have been a number of changes to the Draft Capital Works Programme as outlined at the recent Councillors’ Briefing Session as follows:

• The estimates for Roads to Recovery Grant funded works have been revised. The draft Capital Works Programme included more projects that it was possible to fund after taking into account the cost of such works in the 2001/2002 programme. In addition, the Federal Government has deferred approximately one third of Local Government’s previously advised Roads to Recovery Grant for 2002/2003 to 2004/2005. Local Government will still receive the total amount under the Road to Recovery programme – just later than previously advised.

For Council the 2002/2003 grant will go from $611,607 to $407,738, the 2003-2004 grant will remain unchanged at $611,600 and the balance of the 2002-2003 grant (i.e. $203,869) will be paid in 2004-2005. The 2004-2005 year is the final year of this Roads to Recovery grant scheme.

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The impact of these grant funding changes is that a number of projects reliant on Roads to Recovery grant funding will have to be deferred until a subsequent year. This has affected five projects previously proposed to be undertaken in 2002/2003, being –

o Cliff Street, Katoomba (including Laural Street) - Sealing unsealed road o Booth Road, Bullaburra - Sealing unsealed road o Olivet Street, Glenbrook (Glenbrook Road to Bunyan Lane) - Kerb & Gutter o Terrace Falls Road - Railway Parade to Landseer Road, Hazelbrook - Kerb &

Gutter

The first two projects were to be fully funded from Road to Recovery funds and have been deferred to a subsequent year. The last two projects had a component of Roads to Recovery funding. However, they have been deferred also to enable such funding to be used in the subsequent year.

Another partially Roads to Recovery funded project, being new kerb and gutter in Railway Parade, Warrimoo, has been retained but reduced slightly in scope. The loss of grant funds on this project in 2002/2003 is being compensated in part by funding some of the footpath component of the project from elsewhere in the programme

After the above changes are made there is a grant component of $57,738 remaining to be received in 2002/2003 which has been applied to:

o Increase in estimate to construct Explorers Road Katoomba – by $27,000 from

$350,000 to $377,000

o A sum of $30,738 set aside for planning (survey, design, consultation, specification, etc) for Roads to Recovery funded projects in the remaining years to ensure that they can commence without delay as the grant funds become available. This has been shown as a separate project.

• The estimate for paving renewal at the Glenbrook Visitor Information Centre has been

increased to $50,000 following more accurate costing.

• The estimate for the HQ Office Accommodation rearrangement and improvements has been increased to $400,000 now that floor plans have been determined and the project fully costed. Councillors may recall that detailed briefing was recently provided on this project. Copies of the briefing slides and floor plans were also distributed to Councillors. The additional funding required is intended to come from savings in 2001/2002 based on spending projections to the end of June in the Operating Budget across most areas of Council. In effect, the expected savings will produce a level of Working Capital higher than really necessary based on the calculation of optimum levels.

• Funds of $5,000 for consultation and planning in respect to upgrade of the Warrimoo

oval surrounds have been included. The upgrade project is scheduled for 2003/2004 subject to final inclusion by Council in the Capital Works programme for that year.

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• Funds of $5,000 have been included to provide drinking water at Megalong Valley

Hall as it was considered to be a basic necessity.

• The provision for Minor Local Improvements/Community Infrastructure has been increased by $15,697 to a total of $30,697. The amount of the increase equates to the difference between the Revenue funding component envisaged and the total of all the revenue funded components in the programme. The amount was considered insufficient to fund a separate project. However, as the total budget for Minor Local Improvements/Community Infrastructure in the programme was reduced from $50,000 in 2001/2002, and following concerns raised by Councillors and staff at the level of adequacy of providing only $15,697 in 2002/2003, it was considered appropriate to recommend that the balance remaining in the programme be applied to this item.

4. Amendments to Fees and Charges The Fees and Charges schedule, as included in the draft Management Plan document, has been amended by removal of the fee for Path Paving Owner Contribution. This was included in the draft document in error as Council has now phased out this charge pursuant to a 1997 policy decision. A new fee of $77.00 per room per exhibition (including GST), proposed by the Braemar Management Committee, has not been included as it had not been placed on public exhibition for comment. The recommendations to this report provide for it to be placed on public exhibition with a report to come back to Council for consideration of any submissions. 5. Authorisation of Expenditure for 2002/2003 Clause 17 of the Local Government Financial Management Regulation requires that Council must approve the expenditure and vote the funds necessary to meet expenditure. Council is required to give such approval before the funds can be expended in 2002/2003. 6. Accrual of Interest on Overdue Rates and Charges In accordance with Section 566(3) of the Local Government Act 1993, the Minister for Local Government has specified that the maximum rate of interest on overdue rates and charges for 2002/2003 will be 9% per annum. This rate has decreased from the previous year’s rate of 11% per annum. As Council competes with other business for ratepayer’s cash to meet the payment of rates, the rate of interest on overdue rates needs to be as close as possible to commercial consumer credit rates in order to encourage payment. It will be necessary for Council to formally set the rate of interest for 2002/2003.

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7. Loan Borrowing Program Council proposes to borrow a total of $3.75 million in new loans during 2002/2003 to assist in funding the Capital Works Program. The level of borrowing reflects the deferment of a number of capital works projects from the previous year for which loan funding was not raised as originally planned. As Council may be aware, all loan borrowings are subject to annual approval from the Department of Local Government. The Department assembles submissions from all Councils in New South Wales and then determines the overall availability of loan funding. Therefore the proposed loan borrowing program is proposed subject to the appropriate approval from the Department of Local Government. A Financial Plan has been developed which shows likely levels of operating income and expenditure over a five-year period and highlights the impact of the loan borrowing program. The projected level of debt servicing for Council is well within current Local Government Departmental benchmarks and guidelines. C. UPDATED MANAGEMENT PLAN AND BUDGET DOCUMENTATION Councillors have previously been supplied with copies of the draft Management Plan and Budget for 2002/2003 (incorporating the draft Capital Works Program and draft Fees and Charges) which had been placed on public exhibition. This report recommends that those documents be adopted with the amendments outlined in this report (as mentioned previously in this Report, updated Operating Budget and Capital Works Programme documents incorporating the recommended amendments have been distributed separately to Councillors with this Business Paper). Following adoption with what amendments the Council wishes to make, the final adopted versions of all the documents will be produced and made available to Councillors and interested members of the public.

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Attachment 1 - Schedule A

BLUE MOUNTAINS CITY COUNCIL SCHEDULE OF RATES 2002/2003

Category Ad Valorem Minimum 2002/2003

Sub-Category Amount per $ Amount Notional YieldOrdinary Residential 0.0082667 $599.80 $0.00

Residential A 0.0058937 $327.60 $104,005.00(incorporates townships of Mount Irvine and Mount Wilson)Residential B 0.0058937 $327.60 $55,373.00(incorporates township of Mount Tomah)Residential C 0.0082667 $599.80 $15,759.00(incorporates township of Bell)Residential D 0.0082667 $599.80 $452,695.00(incorporates township of Mount Victoria)Residential E 0.0082667 $599.80 $2,189,167.00(incorporates township of Blackheath)Residential F 0.0082667 $599.80 $261,398.00(incorporates township of Medlow Bath)Residential G 0.0063583 $599.80 $4,761,829.00(incorporates townships of Katoomba and Leura)Residential H 0.0063583 $599.80 $2,262,572.00(incorporates township of Wentworth Falls)Residential I 0.0082667 $599.80 $3,242,267.00(incorporates townships of Bullaburra, Lawson, Hazelbrook and Woodford)Residential J 0.0063583 $599.80 $155,523.00(incorporates township of Linden)Residential K 0.0063583 $599.80 $6,616,908.00(incorporates townships of Faulconbridge, Winmalee, Springwood, Yellow Rock, Sun Valley and Valley Heights)Residential L 0.0058937 $599.80 $6,209,567.00(incorporates townships of Warrimoo, Blaxland, Mount Riverview, Glenbrook and Lapstone)Residential M 0.0058937 $599.80 $25,087.00(incorporates township of Megalong)Residential Rural 0.0058937 $327.60 $347,314.00

Farmland 0.0043012 $599.80 $191,286.00

Mining 0.0146885 $599.80 $0.00

BusinessBusiness Statutory 0.0096336 $0.00 $39,988.00Business General 0.0094094 $599.80 $948,917.00Business Indust. Katoomba 0.0098751 $599.80 $92,149.00Business Indust. Springwood 0.0098751 $599.80 $16,710.00Business Katoomba 0.0098751 $599.80 $405,386.00Business Leura 0.0098751 $599.80 $79,432.00Business Wentworth Falls 0.0098751 $599.80 $69,833.00Business Springwood 0.0098751 $599.80 $201,545.00Business Indust. Valley Heights 0.0098751 $599.80 $10,443.00Business Indust. Lawson 0.0123520 $599.80 $106,071.00Business Blackheath 0.0123520 $599.80 $61,379.00Business Lawson 0.0123520 $599.80 $28,397.00Business Hazelbrook 0.0123520 $599.80 $20,010.00Business Indust. Blaxland 0.0123520 $599.80 $21,326.00Business Blaxland 0.0123520 $599.80 $61,415.00Business Glenbrook 0.0123520 $599.80 $37,790.00

$29,091,541.00

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Attachment 1 - Schedule A (cont)

BLUE MOUNTAINS CITY COUNCIL SCHEDULE OF RATES 2002/2003

Name of Special RateAd Valorem Amount

per $Minimum Amount 2002/2003

Springwood Special Rate (Bus & Res K) 0.0000948 $0.00 $98,335.27$98,335.27

Name of Annual Charge Charge Amount 2002/2003Emergency Services $32.45 $1,118,097.20Domestic Waste - Occupied $168.00 $4,753,689.00Domestic Waste - Vacant $72.00 $248,948.00Non-Domestic Waste $6.50 per week/service $139,342.00Non-Rateable Domestic Waste $139.40 $35,952.10

$6,296,028.30

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Attachment 2 - Management Plan Submissions 2002/2003

Submission No. 1 Issue: Footpath construction - Singles Ridge Road, Yellow Rock Group: Winmalee Neighbourhood Centre Inc. Response: Singles Ridge Road is currently included in Council’s listing for consideration

in 2005/2006. Preliminary estimates of cost are:

• Hawkesbury Road to Vendetta Road (860m) $60,200 (section with highest priority)

• Vendetta Road to Heather Glen Road (720m) - $50,400 • Heather Glen Road to Yellow Rock Road (3060m) - $214,200

While recognised as a high priority, funding and the priority for new footpaths at other locations prevent it being able to be brought forward.

Submission No. 2 Issue: Kerb & Guttering – Lee Road, Winmalee Group: Petition through Councillor representation Response: A new footpath was constructed along Lee Road in 2001/2002 and necessary

road shoulder repairs and sealing in Lee Road will be undertaken during the first half of the 2002/2003 financial year.

The construction of the missing sections of kerb & gutter along Lee Road is on Council’s long-term Capital Works Program listing and would be beneficial. Preliminary estimates of cost are: • Lochinvar Street to No 41 (southern side) - $60,000

• Hawkesbury Road to Pentland Drive (northern side) - $93,000

• Tall Timbers Road to No 63 (southern side) $18,000 However, limited funds and the priority for new kerb & guttering at other locations prevents the opportunity for this project to be brought forward at this time.

Submission No. 3 Issue: Kerb & Guttering – 3 Park Avenue, Springwood Group: Individual through Councillor Representations Response: During 2001/2002 the necessary stormwater drainage and associated kerb &

guttering works were carried out on the northern side of Park Avenue and the end cul-de-sac from grant funds.

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The grant funds were insufficient to construct kerb & guttering along the

southern side of Park Avenue, which is on Council’s future kerb & gutter priority list at an estimated cost of $30,000.

Consideration was given to inclusion in order to “finish-off” this project. However, this has not been possible to date and its inclusion later in 2002/2003 will ultimately depend upon capacity to undertake the work and the availability of funds as the year progress.

Submission No. 4 Issue: Upgrading of Pitt Park, Wentworth Falls (soccer field) Group: Forty-five residents - identical letters. Response: In order to relocate the practice cricket wickets and the cricket wicket located

on the soccer field from Pitt Park and permit the soccer field to be realigned and extended, the upgrading of Peter Carroll Field to accommodate these relocated cricket facilities has been scheduled first.

With limited funds, the draft 2002/2003 budget provides funding to upgrade Peter Carroll Field during 2002/2003 and 2003/2004, followed by Pitt Park soccer field upgrades in 2004/2005 and 2005/2006. Preparatory work has been commenced on the Peter Carroll Field project. Limited funds and staff design and project management resources prevent both facilities being upgraded concurrently.

Submission No. 5 Issue: Development of Rickard Road Playground, Warrimoo Group: Individual and Councillor Representation Response: It is agreed that the children’s playground needs to undergo redevelopment.

This is an action identified in the Area 5 Recreation Plan. Council had proposed that $75,000.00 be allocated for 2003/2004 to redevelop the playground and install new lighting at the oval.

While the project is worthwhile and will benefit the Warrimoo community, 2003/2004 is a realistic timeframe considering the consultation and design components that will be necessary to make the project a success.

It has been possible to bring funds of $5,000 forward for inclusion in 2002/2003 for consultation and design of the new playground.

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Submission No. 6 Issue: Upgrading Knapsack Oval, Glenbrook Group: Blue Mountains Soccer Club Response: Council has been in negotiations with the Blue Mountains Soccer Club over

the extension of their lease of the oval. Maintenance responsibilities under both the now expired and proposed leases are a significant factor in the negotiations. Funding issues aside, it would be inappropriate at this time to give consideration to potential upgrade works until lease matters were finalised.

However, even if lease matters could be finalised in the short-term, 2002/2003 is not a realistic timeframe for significant upgrade works (subject to funding). In fact, 2005/2006 would be a more realistic timeframe for the completion of significant upgrade works considering other high priority needs Council is addressing at other very well used recreation facilities in the area.

Submission No. 7 Issue: Braemar Gallery - Fees & Charges & various works Group: Braemar Management Committee Response: Fees and Charges

The Local Government Act does not allow Council to determine the amount of a fee until it has given public notice of what is proposed. As the fee proposed by the Braemar House Management Committee has not been publicised, Council cannot at this point in time approve the suggested fee. If Council agrees the required public notice will be given for these fees (and any others that may not have been included in the Management Plan process) and a separate report will be put to Council.

Installation of Air Conditioning Unit with Humidity Control This request is considered desirable rather than essential. It was submitted for inclusion in current and previous Capital Works Programmes, but unsuccessful due to budget constraints and other community project priorities. The request should therefore be re-considered in future capital works programs. Bathroom/Kitchen exchange This item is also considered desirable rather than essential. An initial rough estimate is approximately $50,000. It would also be required to meet current standards, including an assessable toilet, and involve the Heritage Advisor in the process.

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Improved Hallway Lighting More detail and information would be required before the status of this request could be determined. This will be sought during 2002/2003. It may also be necessary to involve the Heritage Advisor before work could be carried out.

Cleaning of Braemar House Exterior Council has carried out Condition Based Maintenance works for Braemar House. This request is of a maintenance nature and will be included in the Maintenance Program for community buildings in Area 4.

Purchase of Equipment As Braemar House is a cultural facility, it is considered appropriate for the purchasing of gallery and office equipment to be funded from surplus funds generated by the Braemar over the years.

Submission No. 8 Issue: Mount Wilson Works - Various Group: Mount Wilson Progress Association Response: New toilets in Cathedral Reserve

This project has been identified and included in Council’s Projected Capital Works Program in 2004/2005. The total cost is estimated at $65,000.

Parking area adjacent to the Fire Station at Mt Wilson

Given the complexities of resolving land ownership and access issues associated with this request it would be necessary to carry out detailed investigations during 2002/2003 and if appropriate, seek funding in a subsequent financial year.

Mt. Irvine Road Repair, Cathedral Reserve program and Waterfall Reserve Program

The maintenance budget is the same as last year. Works priority is set as using the Aus-spec intervention levels, Service Level Agreement and the budget available. Continuing resurfacing the road, installing reflectors and lines and making sure the edges of the pavement are made safe will be undertaken as per intervention and budget levels.

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Submission No. 9 Issue: St Johns Road Precinct – restoration of basketball courts Group: Individual Response: The project is proposed to be staged over four years 2002/2003 $50,750 being

for total design only, 2003/2004 $350,000, 2004/2005 $300,000 and 2005/2006 $75,000.

The works currently envisaged on the project in the draft Management Plan are somewhat less than all that had come out of the public consultation process. This is because of affordability.

The estimates to undertake the project encompassing all that had come out of the consultation process, plus meeting required Australian Standards for such works, was in the order of $1.3 million. As this was well outside the bounds of Council's affordability it was necessary to both stage and limit the proposed works in the project.

The current staging proposals do not provide for the retention or enhancement of the basketball facilities at the St John's precinct as part of the project. It is noted that basketball courts will be provided at the nearby Blaxland High School Indoor Basketball Complex. However, further consideration will be given in the plan to see what is possible and a separate report present to Council in due course.

Submission No. 10 Issue: Megalong Valley Recreational Reserve Works - various Group: Megalong Valley Hall Management Committee Response: Installation of a drinking water tank

It is considered important to provide users of the hall with drinking water. The cost is estimated at $5,000. The request is supported and attempts will be made to include it the 2002/2003 Capital Works Programme, subject to funding availability.

Filling in the area above the stage in the hall

This request is directly related to the hall’s maintenance works which can be addressed as part of the Area 1 maintenance program.

Installation of additional glass double doors

This request is considered desirable rather than essential. The request can be included in the list of works for future capital works programmes.

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Installation of more seating around oval & top dressing of oval These requests have been attended to and therefore do not require specific inclusion in the budget.

Submission No. 11 Issue: Access Bus – request subsidy for Community Groups Group: Councillor Representation Response: There is no increase in the proposed fees from the previous year.

Recommended that group requiring assistance apply annually under Council's Community Assistance Program.

Submission No. 12 Issue: Medlow Bath Works - various Group: Medlow Bath Residents' Association Response: Lighting for Pathway, Medlow Bath Park

Lighting would be a desirable outcome for the footpath given that the footpath passes through dense vegetation and is in a secluded setting. The footpath is the main link between the residents' in eastern Medlow Bath and Medlow Bath Railway Station and has a high level of use. However, at this stage there has been no investigation into the feasibility of the proposal or estimates of the cost. Accordingly, it is proposed that it be fully investigated during 2002/2003 with a view to consideration for inclusion in 2003/2004 if possible.

Concept Plan for Medlow Bath Park

The park is currently well embellished with seating, play equipment, pathways and general landscaping, relative to similar spaces in other villages. Accordingly, further embellishment at this time, which would be a community expectation if a master plan were developed, is not considered possible considering other funding priorities.

Widening of Railway Parade

As a first step to investigating this issue it would be appropriate to investigate traffic numbers and speeds to identify possible solutions to the problems, which might be less costly than the requested widening of Railway Parade.

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Submission No. 13 Issue: Warrimoo Tennis Courts/Oval precinct- Inadequate toilet facilities Group: Warrimoo Citizens Association Response: The request is being investigated with the possibility of being able to fund a

toilet, accessible to disabled persons, from both existing allocations for provision accessible facilities together and contribution from the Warrimoo Citizens Association.

Submission No. 14 Issue: Warrimoo Oval - Car Parking Group: Councillor Representation Response: Funds have been allocated for traffic studies at Lapstone Oval in 2002/2003.

Warrimoo Oval, which was not rated as such a high priority as Lapstone Oval in the Area 5 Plan, will be considered for funding in future years.

Submission No. 15 Issue: Works at Lawson Pre-school Group: Lawson Community Pre-school Association Inc. Response: While Council is unable to fund the requested works, being not on Council

property, Council will investigate the impact of any run-off from its roads and also assist the Pre-School in exploring funding from other funding bodies.

Submission No. 16 Issue: Upgrade of Skarrett Park Group: Individual Response: The maintenance budget is the same as last year. Works priority is set as using

the Aus-spec intervention levels, Service Level Agreement and the budget available.

Submission No. 17 Issue: Springwood Maintenance Group: Councillor Representation Response: The maintenance budget is the same as last year. Works priority is set as using

the Aus-spec intervention levels, Service Level Agreement and the budget set.

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Submission No. 18 Issue: Blue Mountains Family Support Service - relocation to 4 Station St, Katoomba Group: Blue Mountains Family Support Service Inc. Response: This will be the subject of a separate report to Council

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ITEM NO: 7 SUBJECT: PURCHASE OF LOT 6 DP 10148, GREAT WESTERN HIGHWAY,

KATOOMBA FILE NO: C01024 Recommendations: 1. That Council purchase Lot 6 in Deposited Plan 10148, Great Western Highway,

Katoomba for $25,000 plus Council's rates outstanding and legal fees associated with this matter.

2. That upon completion of the purchase of Lot 6 in Deposited Plan 10148, Council

apply for a consolidation and subsequent subdivision of Lots 6 to 12 in Deposited Plan 10148 Great Western Highway, Katoomba into at least two parcels and a further report on the proposed marketing of the resulting properties be placed before Council after the necessary approvals have been obtained.

3. That the Common Seal of Council be attached to the necessary documents relating to

this matter. Report by Group Manager, Assets & Corporate Services: Council at its meeting on 30 April 2002 considered a report concerning Lot 6 Deposited Plan 10148, 396 Great Western Highway, Katoomba and resolved vide Minute 146:

"1. That Council seeks to purchase Lot 6 Deposited Plan 10148, 396 Great Western Highway Katoomba for $25,000 plus Council’s rates outstanding and legal fees associated with this matter.

2. That in accordance with the provisions of Section 34 of the Local Government

Act 1993 the Council give notice of its proposal to acquire Lot 6 Deposited Plan 10148, 404 Great Western Highway, Katoomba and to classify it as "Operational"."

This report recommends the finalisation of the process of acquisition and classification. Background The subject site, Lot 6 in Deposited Plan 10148, is one of seven large blocks of land (Lots 6 to 12 DP 10148) on the Great Western Highway, Katoomba. The effect of Local Environmental Plan 1991(LEP 1991) was to rezone these lots from Non Urban Rural 1(b) to Bushland Conservation (1 dwelling per hectare) and Environmental Protection. As the previous zoning would have permitted construction of a dwelling on each lot, the development potential of these properties was significantly reduced by LEP 1991 and there is no longer the potential to develop any single lot.

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The way forward in terms of viable ownership of the subject land is for the seven parcels to be consolidated, re-subdivided and sold as larger parcels to comply with current zones and environmental constraints. Given the various sites, zoning and access constraints, this would likely result in a yield of as little as two large developable lots Since the enactment of LEP 1991, Council has been pursuing the above strategy by acquiring the subject lots and currently owns six of them. As reported to the Council meeting of 30 April, 2002 where Council resolved to pursue acquisition of the property, following very protracted negotiations the owner of Lot 6 has now agreed to sell the land to Council for $25,000 plus outstanding Council rates and legal costs associated with the matter. The rates outstanding currently amount to $880.95 and the legal costs are estimated to be in the order of $700. The offer is within the price ranges suggested by an independent Registered Valuer and the Valuer General's assessment and is therefore considered acceptable. Funds are available for this acquisition from seed grant funds provided by the NSW State Government to assist Council with the purchase of land adversely affected by environmental constraints. In fact, this land was used as an example put to the State Government for the seed grant funding. The previous report to Council on this matter indicated that as Council had already acquired six of the seven lots mentioned (as shown in Attachment 1) and classified them as Operational Land it would be recommended that the subject land also be purchased and classified as Operational. Further, when Lot 6 is acquired by Council it would be included in the proposed consolidation and sale. Report Pursuant to section 34 of the Local Government Act 1993 the proposal to acquire the land and classify it as Operational Land was advertised in the Blue Mountains Gazette. Any person wishing to make a submission to Council on the proposal was invited to do so in writing within a 28 day period. No submissions have been received. Upon completion of this purchase, Council will own all the land in the vicinity and be in a good position to apply for a consolidation and subsequent subdivision of Lots 6 to 12 in Deposited Plan 10148 Great Western Highway, Katoomba into at least two parcels. Should the subdivision application be approved, a further report on the proposed marketing of the resulting properties will be placed before Council for further consideration. Conclusion It is therefore now appropriate, being the next step in the process, for Council to proceed with the purchase and confirm its intention to classify the land as Operational. With Council obtaining ownership of Lot 6 it is also appropriate at this time for Council to commence the consolidation and subdivision process by making the necessary applications for approval.

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Attachment

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ITEM NO: 8 SUBJECT: SCHEDULE OF INVESTED MONIES FILE NO: C00694 Recommendation: That the Schedule of Invested Monies as at 31 May 2002 be received. Report by Group Manager, Assets & Corporate Services: This report is submitted for the purposes of financial accountability and in satisfaction of the Financial Regulations under the Local Government Act, 1993. The Schedule of Council’s Invested Monies as at 31 May 2002 is attached for information. Interest returns from Council’s investments continue to remain in line with those budgeted.

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Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 31st May, 2002

Institution and Fund Return

for Month

Return Year to Date

Current Fixed Rate

Investment Value

Commonwealth Bank of Australia * 4.14% 4.14% $4,889,564 National Australia Bank – Offset * 4.06% 4.06% $3,669,409 National Australia Bank - Call a/c N/a N/a Variable $3,250,000 Macquarie Bank – Diversified Treasury

5.06% 5.25% $2,169,985

Deutsche Bank – Cash Plus Fund 4.81% 5.14% $2,095,387 Illawarra Mutual Building Society – Term **

4.74% Variable $1,000,000

Treasury Corporation 4.25% 4.89% $2,029,930 Total $19,104,275 UBSWA Bank Bill Index 4.72% 4.66%

* These investments are in a loan offset facility with a 0.15% p.a. differential. This

equates to a net debt service cost of $1,500 per $1 million placed in this facility, or a total of $13,500 p.a. based on the current level of funds invested.

** Interest paid quarterly Interest Income to date - Budget vs Actual Financial Year to

Date Budgeted Return $883,344 Council’s Actual Return $880,045

I certify and report that the Schedule of Invested Monies listed above describes all Council’s funds invested by virtue of Section 625 of the Local Government Act, 1993. The monies referred to in this Schedule are invested in accordance with the Act, Regulation 19(3) to the Act and Council Policy.

Paul Bennett Responsible Accounting Officer

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ITEM NO: 9 SUBJECT: PROPOSED LEASE - PART LOT B DP 17750, 4 STATION STREET,

KATOOMBA FILE NO: C00236 Recommendations: 1. That Council advertise the proposed vacancy of 4 Station Street, Katoomba being Part

Lot B, DP 17750 and seek expressions of interest and proposals from community groups and commercial entities for the lease/occupation of the subject property.

2. That following receipt and evaluation of expressions of interest and proposals, a

report be put to Council for its determination. Report by Group Manager, Assets & Corporate Services: This report outlines the proposed vacancy of Council’s commercially leased property at 4 Station Street, Katoomba, advises that submissions have been received from community groups seeking occupancy prior to advertising for expressions of interest and recommends a process to determine the future lease/occupancy of the property. Background Lot B DP17750, 4 Station Street, Katoomba was purchased by Blue Mountains City Council in 1972. It is zoned Residential 2(b) and is classified as Operational Land. A portion of the Council car park is on the rear of the site. The building is of timber construction and was built in 1945. The house contains 7 large rooms 3 storage areas and 2 bathrooms. The total area of the house is approximately 166.5 square meters. The property has been leased under a commercial tenancy agreement for the last 12 years, with a current rental income to Council of $15,407 per annum. The tenant has advised that he will not be renewing his lease, which expires on 2 October 2002 and will be vacating the property sometime between July and October, 2002. Report As the building has had a commercial lease it is not considered a community building and therefore is not regulated by the Community Building Policy. However, two local community groups have applied for use of the building as outlined below. Blue Mountains Family Support Services Blue Mountains Family Support Services are currently located in 10 Station Street, Katoomba and have been in that building for approximately 12 years. Prior to this they were located at Katoomba Neighbourhood Centre.

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The service has provided Council with a degree of information about their operation, summarised as follows:

There are eight workers plus a varying number of volunteers accommodated in the present building. There will be an addition of an 'Early Intervention' worker in the near future.

The service commenced operation in 1978 and provides frontline services to families with young children and adolescents- particularly those in crisis. The service provides support for families across the entire Blue Mountains area. The service assists the most disadvantaged sector of the community providing:

• parenting information • emotional and practical support • crisis intervention and support • practical and financial assistance for bills/food, clothing items and electricity/water

etc. • family need assessment • information, advocacy and referral • crisis and short term counselling for families and individual family members.

The service operates three client days and one non-client day per week, seeing approximately 20-30 people requiring assistance in the form of food, clothing, counselling and crisis support. Each quarter the service plans a day where electricity and water vouchers are handed out. On these days the service usually has over 100 clients waiting for assistance.

Blue Mountains Community Legal Centre The Blue Mountains Community Legal Centre has provided Council with information about their operation, summarised as follows:

The Centre has been established since 1985 as a non profit community organisation to provide free legal assistance to residents of the Blue Mountains who would have difficulty accessing legal services. The NSW Legal Aid Commission and the Federal Attorney-Generals Department fund the Centre. As a generalist community legal centre they provide advice on most areas of law including family, employment, discrimination, social security, tenancy, debt and consumer issues and domestic violence. The centre also provides community legal education and lobbies for law reform.

Ø the centre is currently located a 1/80 Main Street, Katoomba. The premises are no

longer suitable for the following reasons. Ø not large enough to accommodate current staffing levels due to expansion of services Ø no meeting room facility or common space for staff. Ø No running hot water or kitchen facility. Ø steep staircase at the entrance makes service physically inaccessible to some people

with disabilities and those with mobility problems. The home visit service does not adequately compensate for the problem presented by the stairs.

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Ø there are no separate storage facilities which presents a problem for storage of the

hundreds of client files and other records. The centre often works in close partnership with the Katoomba Neighbourhood Centre and the Family Support Service and considers that benefit to all services will be derived from being located in a cluster development with other local services.

The centre has a full time staff of 7 people plus 5 volunteer staff on varying days. The centre is open 5 days a week 9am until 5pm.

The centre is currently paying a commercial rent of approximately $800 a month for the premises in Main Street, Katoomba and have indicated that they are prepared to pay rent for the 4 Station Street property. Considerations As Council’s property at No. 4 Station Street, Katoomba is currently a commercial asset. It provides Council with rental income of $15,407 per annum. If the property were to become a community building for the provision of a community service then Council’s Community Buildings Policy would come into effect. The policy states that if the building is to house a community service function or activity Council will provide a 100% rent subsidy. The Policy also contains procedures for dealing with vacancies in existing community buildings, essentially involving advertising vacancies as they occur. Conclusion As mentioned in the report above, the property at 4 Station Street, Katoomba is currently a commercial asset of Council with an income of $15,407 that is budgeted for 2003/2004. For Council to be sustainable it must be vigilant in preserving what little commercial property income it has available. However, it is also evident that location of services to the community in a central area has advantages for those services. For this reason, it is recommended Council advertise the potential vacancy of 4 Station Street, Katoomba and seek expressions of interest and proposals from community groups as well as commercial entities for the lease/occupation of the subject property. Following receipt of proposals, a report will be put to Council for its decision.

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Attachment

Page 44

PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 25/6/02

ITEM NO: 10 SUBJECT: BUSHCARE PROCEDURES MANUAL FILE NO: C02790 Recommendations: 1. That the draft Bushcare Procedures Manual be exhibited for public comment for a

period of 28 days. 2. That the draft manual be distributed to all Bushcare Groups requesting their

comment. 3. That a further report be presented to Council at the conclusion of the exhibition

period. Report by Group Manager, BM City Services: Background During the last few decades there has been increasing recognition of the severity of the problems facing bushland in developed areas nationwide. At the same time methods of regenerating degraded bushland have been developed and refined. There has also been a growing appreciation of the role landholders and local residents can play in combating land degradation issues, as evidenced by the increasing interest in programs such as Landcare and Coastcare. Blue Mountains City Council as a land manager recognises the importance of protecting and preserving the areas natural assets, and the crucial role that community involvement can play in this. It has become clear that if bushland is to be retained close to where we live and work there needs to be a shift in management approaches and community attitudes. The Bushcare program helps to facilitate this process. The Bushcare Program is developing as an efficient and effective means of natural systems management. It aims to form an effective defence against the spread of environmental weeds and maintenance of biodiversity through site remediation. The aim of the Bushcare program is:

“To promote ecologically sound management of bushland within the City of Blue Mountains by fostering a sense of community responsibility for the natural environment and supporting community direct action to restore natural systems”.

The Bushcare Program in the Blue Mountains had its origins in the activities of the early landcare groups. In response to these early community activities Council, in 1992, decided to fund a position to coordinate the activities of these groups. The number of groups steadily increased, reaching 22 groups by 1996. During 1995, a second position was created to assist the development and resourcing of existing groups.

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PROTECTION OF THE NATURAL ENVIRONMENT Item 10 - Ordinary Meeting, 25/6/02

The program continued to expand, with 8 more groups seeking support by the end of 1997. During this time Council agreed to provide extra resources to Bushcare, which allowed the employment of two part-time Bushcare Officers. The objective of the Environmental Management Business Plan 1997/98 to establish 8 more groups was achieved. As at 2002, there are 45 Bushcare groups active in the Blue Mountains. Figure 1 shows the growth in the number of Bushcare Groups over time. On average, 5 volunteers attend each Bushcare group. This equates to approximately $120,000 in volunteer labour each year. In addition to this, the Bushcare program is responsible for substantial funding from grants for projects improving Council managed bushland. Figure 1: The increase in numbers of Bushcare groups over time

0

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Comment The Bushcare Procedures Manual will formalise procedures and: • Ensure that Council is complying with its legislative and ethical responsibilities • Ensure fair and equitable treatment for Bushcare groups and volunteers • Define the role of volunteers and Council in the program and therefore help clarify

expectations • Provide guidance on issues where the appropriate course of action may not always be

clear • Provide for the development of a framework to direct work and to demonstrate outcomes

of the program Bushcare is an important component of community involvement and achievement in environmental protection and restoration. The Manual aims to ensure that the program is managed efficiently and enables the best outcomes. The Draft Bushcare Procedures Manual is provided to Councillors as a separate enclosure.

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The document is a practical ‘how to’ manual for the Bushcare program. Issues about the Bushcare program covered in detail in the Manual include the aims and objectives, how to start a group, expectations of volunteers and Council, training, site assessments and strategies, record keeping and monitoring, tools and equipment, rubbish disposal, external funding, OH&S, insurance, publicity and education programs, volunteer recognition programs, and the Blue Mountains Bushcare Network. For the most part the issues and activities listed in the Bushcare Procedures Manual are already being implemented and fully funded by the existing program. The Procedures Manual acts to formalise those activities. It is proposed that once adopted, the Bushcare Procedures Manual will be given to all existing and new Bushcare volunteers. This will ensure that both Council Staff and Bushcare Volunteers understand the mutual agreement implicit with the Bushcare program. The Bushcare program is well established with strong Council and community support. The success of the program is largely a result of its community driven nature. Consultation An earlier draft was placed on exhibition in 1998. The community raised a number of important issues and the Bushcare Section was in the midst of significant change so the finalisation of the Procedures Manual was delayed. That draft was substantially updated with current best practice. An updated draft has been distributed to office holders within the Blue Mountains Bushcare Network as well as relevant Council staff for initial comment. The current draft reflects the initial comments received. Conclusion The Bushcare program combines environmental education and community building with restoration of the natural environment in a highly efficient manner. It has proven extremely successful and effective at achieving on-the-ground outcomes. It is important to have an adopted procedures manual to clarify the roles and responsibilities in relation to Bushcare and ensure Council meets its legislative and ethical responsibilities.

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PROTECTION OF THE NATURAL ENVIRONMENT Ordinary Meeting, 25/6/02

ITEM NO: 11 SUBJECT: DRAFT WENTWORTH FALLS LAKE WATER QUALITY ACTION

PLAN FILE NO: H00018 Recommendation: That Council endorse the recommendations in the Wentworth Falls Lake Water Quality Action Plan, aimed at achieving the following:

1. Relocation of the introduced ducks and geese; 2. Installation of a range of informative signs around the Lake; 3. Liaison with NSW Fisheries to achieve appropriate management of fish stocking of the

Lake; 4. Liaison with Sydney Water to achieve rehabilitation of the decommissioned sewer

pump station; 5. Reduced sediment inflow to the Lake.

Report by Group Manager, BM City Services: Background Wentworth Falls Lake is located within the Jamison Creek catchment, which flows into Sydney’s drinking water supply of Warragamba Dam. Wentworth Falls Lake is highly valued for its natural and recreational features. Council has targeted the lake for monitoring under the adopted Blue Mountains Council Aquatic Monitoring and Assessment Program (BMCC AMAP) and this report now makes recommendations on actions designed to improve water quality in the lake. The results of that monitoring indicate that water quality at the Lake often fails to meet Australian guidelines for primary contact (swimming) and secondary contact (fishing and boating). The poor water quality is a result of many pressures impacting on the Lake, including the feral waterfowl, sewage pumping station overflows, unsealed roads and driveways, and other sources of urban runoff. The draft Wentworth Falls Lake Water Quality Action Plan was written in response to outcomes of the BMCC AMAP and strong community support to improve the aquatic health of the Lake (separate enclosure to Councillors contain sample surveys). The recommendations contained in the draft Action Plan are derived from a consideration of the setting, the values attributed to the lake and the key pressures that are seen to be causing the decline in lake water quality. The report on the Draft Action Plan has been provided separately for information of Councillors. The Recommendations from the Action Plan are contained at Attachment 1.

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Community Consultation The Action Plan and Water Quality Monitoring report have identified faeces from the large feral waterbird population as one of the most degrading influences on water quality, particularly now that pollution from the sewerage systems in the catchment has largely been rectified. (Details of the sources of pollution are provided in the following section of this report.) In view of the likely sensitivity of this issue and to assist with the development of the action plan, a number of community consultation initiatives were undertaken in the development of this draft Action Plan. Two surveys conducted in April/May 2002 sought a cross section of community views regarding the values of the lake and options for achieving desired outcomes. One survey was conducted at the Future Directions Event at Wentworth Falls, with an estimated 2000 attendees. (Separate enclosure to Councillors contains sample survey form.) The survey sought information on how participants used or wished to use the lake, whether a proposed recommendation to remove the feral geese and ducks was supported and whether the following objective for the lake was supported. Over 95% of the 40 or so participants who completed the written survey were in support of both these propositions. This objective underpins the recommendations of the Water Quality Action Plan and translates Councils general water quality/natural systems objectives to the outcomes sought at Wentworth Falls Lake. The Action Plan contains some specific targets to guide the implementation and monitoring of the Plan. Lake users were targeted more directly by a survey and information brochure during May, by placing signs, surveys and survey boxes at the Lake itself and in Council’s foyer at Katoomba. Of the 42 written responses, only two were in favour of keeping the feral waterfowl, while the general tenor of the majority of responses suggested that action be taken to reduce the impact of the feral waterfowl population. Comment The draft report highlights the values, condition and pressures impacting on the Lake, and recommends strategies to improve and maintain good water quality. There are five main recommendations listed in the report to improve the water quality at Wentworth Falls Lake. The Table at Attachment 1 summarises all of the recommendations.

To restore the natural features and water quality of the Lake within 5 years , to enhance

its potential for water based recreational use, while protecting the biodiversity of native flora and fauna.

Page 49


1. Relocation of the Introduced Ducks and Geese The waterfowl at the Lake consist primarily of native species and approximately 25% introduced (feral) species. Due to their larger size and ever increasing numbers, the introduced waterfowl have imposed significant pressure on the delicate ecological balance of the Lake, such as increased pollution loads from faecal matter resulting in deteriorating water quality. There is a risk of crossbreeding with native species, reducing the genetic integrity of the native ducks. There is also evidence that the feral ducks and geese are more aggressive and annoying, posing a much greater risk towards the safety and comfort of visitors, particularly children. In addition, the areas where the introduced birds congregate have degraded previous efforts to establish lawn, resulting in numerous bare patches and increased sedimentation. These areas will be easier to re-establish once the feral waterfowl are relocated. The community consultation, which included proposals for the potential relocation of the feral ducks and geese, is described in the introductory section of this report. The strong support for relocation of these waterfowl is evident, with only four respondents indicating that they disagreed or were unsure as to the proposal. Community consultation at local events, schools and the Lake itself has led to a further understanding of the complex issues affecting the Lake and a general acceptance that as one of the major degrading influences, feral waterfowl control must feature in any program designed to achieve marked results in water quality. Relocation would involve moving the birds to the more suitable environment of a farm. All phases of this proposed relocation would be conducted with the welfare of the waterfowl in mind. The proposed relocation of the feral ducks and geese from the Lake has also received support from the Sydney Catchment Authority and National Parks and Wildlife Service. 2. Installation of a Range of Informative Signs The current signage at the Lake is considered to be inadequate to cover the wide range of issues concerning public health and protection of the Lake’s aquatic ecosystem. Many visitors are not aware of the potential risks associated with water-based recreation. Signs will educate the public on appropriate activities to enhance their enjoyment while highlighting potential risks to help protect their health and safety. It is proposed to install two signs on the southern side of the Lake, where the picnic area and car park are located, and two others on the northern and eastern walkways. In addition, the current signs, which prohibit swimming and diving, will be reviewed and changed as appropriate. 3. Working With NSW Fisheries To Improve Consultation Processes In Regards To Fish Stocking Wentworth Falls Lake is regularly stocked with Trout by NSW Fisheries. The stocking of Trout is arguably contrary to the Fisheries Management Act 1994, which lists as a threatening process “the introduction of fish to fresh waters within a river catchment outside their natural range”. The continued stocking of Wentworth Falls Lake with feral trout not only results in their spread downstream into World Heritage waters, but also threatens the native Mountain Galaxias fish and macro- invertebrate populations. It is understood that stocking has ceased in other areas of environmental sensitivity due to detrimental impacts on natural biodiversity.

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Concerns arise not only in relation to biodiversity conservation objectives, but the water quality in the Lake is often not of a sufficiently high standard to support human consumption of fish. Attempts to date to achieve effective input into these stocking programs has had limited affect. The Action Plan therefore recommends that Council seek to negotiate the cessation of stocking of Wentworth Falls Lake with introduced species such as Trout. This is seen to be a critical aspect of achieving a health natural ecosystem that can underpin sustainable use of the lake for recreation. 4. Removal of Sewage Pumping Station Sydney Water is currently decommissioning the one remaining sewage pumping station (SPS) within the immediate catchment of the lake and will revegetate the site. This will remove a source of pollution that has been occurring during overflow events and will lead to significant improvements in water quality and revegetation of the riparian zone at the eastern side of the Lake. Under these recommendations, Council will accept the maintenance of the rehabilitated SPS site. 5. Reduction of Sediment Inflow Sediment from a variety of sources, including unsealed roads and road shoulders, driveways and areas devoid of vegetation, are impacting on the Lake. This increased sediment alters the natural aquatic ecosystem through reducing habitat and diversity of fauna, as well as mobilising pollutants and altering water quality at the Lake. It is recommended that Council undertake an extensive sediment source control program for the Wentworth Falls Lake catchment as part of the Water Quality Action Plan. This will involve working in conjunction with the community and external agencies to reduce sources of sediment, primarily through conducting a public awareness campaign and working with Council staff to maximise the effectiveness of the existing road sealing program. Conclusion The draft Wentworth Falls Lake Water Quality Action Plan is designed to provide improved water quality at the Lake. By adopting the following recommendations the following outcomes expected will be expected:

• Improved water quality; • Greater range of recreational use at the Lake; • Increased community awareness and ownership of issues surrounding the health of

the Lake; and • Improved public safety.

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Recommendations other than the issues associated with the stocking of the Lake with trout, fall within Council’s responsibility and current funding limits, and/or have been agreed by the relevant authorities. It is likely that both government and the community will discuss issues arising from the negotiations regarding the stocking of the lake by trout before any alterations occur in the historic practice. For this reason, consultation specific to this issue has not yet occurred nor is it specifically recommended until such time as NSW Fisheries are formally consulted on this matter.

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Attachment 1

Summary of Recommended Actions

Recommendation Specific Actions

1. Relocation of introduced ducks and geese

• Introduced ducks and geese to be relocated to a farm out of the Blue Mountains

• Community groups to be advised of relocation process • Campaign to stop feeding of waterfowl to improve health and

control population • Work with community groups to monitor the water quality at

the Lake • Develop an environmental fact sheet on aquatic waterfowl

2. Install a range of informative signs around the Lake

• Four signs be placed strategically around the Lake • Advertise the risks of swimming at the Lake on Council’s

website 3. Liaise with NSW

Fisheries regarding fish stocking

• Formally request that NSW Fisheries improve consultation processes surrounding fish stocking

• Request that Council receive a copy of the threat abatement plan in regards to fish stocking

• Investigate options to implement a fishing closure to protect public health

4. Sewage pumping station and designed overflow point removal

• Support Sydney Water’s plan to replace sewage pumping station (#872) with a bore hole to the main sewage tunnel

• Liaise with Sydney Water regarding the rehabilitation of the site following the decommissioning of SPS 872.

5. Reduce sediment inflow

• Continue to identify sources of sediment inflow and investigate means to reduce input

• Conduct a public awareness campaign to achieve erosion and sediment control

• Encourage all new developments to reduce their sediment export

• Support community based initiatives • Provide ongoing strategic input to Council staff to ensure

maximum value from existing road sealing program to seal dirt roads and provide curb and guttering to streets in the Lake’s catchment.

Page 53

LAND USE MANAGEMENT Ordinary Meeting, 25/6/02

ITEM NO: 12 SUBJECT: DEVELOPMENT APPLICATION NO. X02/0209 FOR ADDITIONAL

PARKING AND STORAGE AREAS WITHIN THE BLUE MOUNTAINS CITY COUNCIL WORKS DEPOT, LOT 1 DP 540416, NOS. 2-38 SOUTH STREET, KATOOMBA

FILE NO: X02/0209 Recommendation: That Development Application No. X02/0209 for additional parking and storage areas on Lot 1, DP 540416, Nos. 2-38 South Street, Katoomba (Blue Mountains City Council Works Depot) be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report. Report by Acting Group Manager, Health and Development: Reason for report The Application proposes works on Council owned land that

is not a community asset and which has the potential to confer a commercial advantage to Council.

Applicant/Owner

Blue Mountains City Council

Application lodged

19 February 2002

Property address

Lot 1, DP 540416, No. 2-38 South Street, Katoomba.

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Subject Site

Page 54

LAND USE MANAGEMENT Item 12 - Ordinary Meeting, 25/6/02

Site Description The subject land forms part of the Blue Mountains City

Council’s South Street Works Depot located on the south east corner of South and Barton Streets, Katoomba.

Proposal

The Development Application seeks consent to establish additional parking and storage areas within the existing Works Depot. The proposed works comprise: • Excavation of approximately 15,000m3 of soil and rock

from the south western corner of the depot at the rear of the existing overseer’s building and adjacent car park.

• The area to be excavated measures approximately 80 metres by 60 metres with the depth of excavation ranging from approximately 2.5 metres, in the proximity of the overseer’s building, up to 6.0 metres in the southern and western portion of the excavated area.

• Upon completion of the excavation, the levelled area will be sealed for general parking and storage purposes.

• The southern and western sides of the excavated area will be battered and the embankments landscaped with native trees and shrubs.

• Some of the excavated material will be stockpiled on site in a fenced open level area, approximately 40 metres square, located adjacent to the eastern side of the existing trades building. The remainder will be stockpiled at the Katoomba Waste Management Facility for use on that site and at an existing stockpile site at the former Lawson Waste Management facility for use on future job sites.

• Provision of straw bale bunding and siltation fencing is proposed to be provided to both the area of excavation and the stockpile site.

Plans of the proposed works form Attachment 2 to this Report.

Notification

The application was advertised for a period of 14 days from 8 May 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby property owners. Whilst no written submissions were received, a number of adjoining and nearby owners did contact Council officers by phone to discuss the proposed development. These residents did not express any concerns over the proposal however they did raise objection to any new vehicular crossings being established in Barton Street. In this regard no new vehicular crossings are being proposed.

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Development controls Zoning –

• Part General Industrial 4(a) and part Special Uses 5(a)

(Council Depot) under Local Environmental Plan No. 4.

• Proposed ‘Employment’ under draft Local Environmental

Plan 1997. Part of the site is also designated as an ‘Identified Land Use – Council Depot’.

Issues

1. Statutory Considerations. 2. Development Impact/Site Suitability.

Compliance Table

Clause

Standard Proposed Compliance LEP 4

40(1) Connected to utility services.

Site is connected to reticulated sewer and water and electricity.

Yes

42(a) Spread of fire. The area to be developed has been previously cleared of vegetation and is located within an existing works and plant depot site.

Yes

42(b) Land stability. The site is not identified as being affected by land subsidence or flooding.

Yes

42(c) Heritage. The site and surrounding development is not heritage listed.

Yes

42(d) Building height. No building works are proposed. Yes

42(e) Visual impact. The development includes extensive vegetation along the boundaries with Barton Street and the adjoining residential property to the south. This vegetation will, over time, effectively screen the development site from view from the road and adjoining residential properties.

Yes

42(f) Road access. Vehicular access to the development site will be provided via the existing vehicular access points and internal driveway system.

Yes

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Discussion of Issues 1. Statutory Considerations. i) Local Environmental Plan No. 4. The Council Works depot complex is located on land partly zoned General Industrial 4(a) and part Special Uses 5(a) (Council Depot) under Local Environmental Plan No. 4. Both the proposed parking/storage area and the stockpile site are located on that part of the site zoned General Industrial 4(a).

The proposal, in essence, seeks to establish a vehicle parking and storage area for use directly related to and in conjunction with the existing plant depot. Accordingly, the proposal is permissible being a purpose for which the land is zoned. While the proposed development also involves excavation of material, the primary purpose is to provide additional parking and storage areas for use in association with the existing depot. It is also proposed to proceed with construction of the parking/storage areas immediately upon completion of the excavation. Accordingly, the excavation of the material is ancillary to the establishment of the parking/storage areas and is not considered to constitute a quarry or an extractive industry in its own right. Furthermore, given that the amount of material to be excavated is less than 30,000 m3, the development is not considered to be designated development under the Environmental Planning and Assessment Regulations, 2000. The development does not involve the construction of any new buildings and all the relevant provisions of Local Environmental Plan No. 4 are satisfied in respect to development standards. ii) Draft Local Environmental Plan 1997 The subject site is proposed to be zoned ‘Employment’ and is also partly designated as an ‘Identified Land Use – Council Depot’ under the exhibited draft LEP 1997. The use of the site as a plant and works depot is proposed to be permissible in the zone. The draft Local Environmental Plan also includes the following aims and objectives for the zone: a) To encourage a wide range of employment-generating uses and associated support

facilities that are accessible from existing urban centres and compatible with the environment of the City;

b) To encourage development that does not adversely affect the amenity of other development in the Employment zone;

c) To strengthen existing employment-generating activities and to encourage the establishment of new employment-generating activities in order to expand the employment base with the City of Blue Mountains; and

d) To permit employment-generating development which, through responsible and environmentally sound management practices, minimises any adverse environmental impact on its surroundings.

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By the establishment of increased areas in which employment and associated activities will take place, the development is considered to satisfy the criteria above. 2. Development Impact/Site Suitability

• Excavation/Depot Extension

i) Visual Impact

The primary area of concern in relation to visual impact relates to views into the development area from residential properties in Barton Street opposite the site, and from the adjoining dwelling house immediately to the south.

The development proposes to incorporate an eight (8) metre setback between the top of the excavated embankment and the Barton Street alignment. A similar setback is also proposed to the adjoining property to the south. The setback area is proposed to be heavily vegetated with native trees and shrubs to screen the development from view. A detailed landscape plan has been submitted with the Application and reviewed by Council’s Landscape/Environmental Assessment Officer. The proposed landscaping is considered to be adequate in terms of suitably screening the area and future use from view within a reasonable time.

Notwithstanding the planting schedule achieving this goal, a concern does exist with the vegetation proposed along the southern boundary where the loss of sunlight and some views to and from the adjoining residential property may occur. In this regard, screening vegetation in this location should have a maximum height of approximately 3.0 metres, thus preserving existing amenity whilst screening the majority of the depot extension from view. It is considered that this matter may be addressed by way of a condition in any consent.

ii) Noise

Noise from the development has the potential to impact on adjoining properties, particularly during the construction phase. The applicant advises that the excavation of material will take place over approximately four (4) to six (6) weeks, and is to be undertaken between the hours of 7.00 am to 6.00 pm, Mondays to Fridays and 7.00 am to 3.00 pm Saturdays.

However, given that the depot is surrounded by an essentially residential area, and the development site is in relative close proximity to surrounding dwellings, it is considered these hours are excessive and should be modified. In this regard it is considered appropriate to confine the hours in which excavation machinery may operate to between 8.00 am to 5.00 pm Monday to Friday and 9.00 am to 1.00 pm Saturday. Such modification may also be addressed through appropriate conditions in any consent.

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The area to be excavated has been tested through the drilling of bore holes with the applicant advising that the material to be excavated consists of soil and/or ‘soft’ rock. The possibility of some hard rock, such as iron stone, occurring is unlikely, however should it occur, it has the potential to generate additional noise, including possibly vibration noise. To minimise the potential impacts associated with this occurrence, it is considered appropriate to impose conditions requiring the applicant to advise local residents in advance indicating the time and duration of such work.

iii) Environmental Impact

The proposed development will not result in any increase in the number of employees on site nor will it place increased demand on services such as sewerage, water or power. The existing amenities on site will therefore be adequate for the development.

In terms of surface water runoff, the proposed development has the potential to result in the transport of pollutants from the site, particularly in respect of increase erosion and sediment during the construction phases. While it is proposed to install sedimentation controls on the site, the nature and scale of the works proposed are considered to warrant the preparation and implementation of a detailed Soil and Water Management Plan for the site. The implementation of such a Plan will ensure the potential for the transport of soil from the site by stormwater run-off is mitigated.

In regard to the post construction phase, it is considered appropriate to require surface water to be directed to an onsite detention system with separate grease and siltation arrestor prior to water being discharged into the existing on site stormwater infrastructure.

• Stockpile Site

Visual Impact/Environmental Impact

It is proposed to stockpile a significant proportion of the excavated material on an existing gravelled area to the east of the Trades building for future use as road sub-base . The applicant indicates that the stockpiled material will be approximately 6.0 metres in height. This area is generally screened from view from external locations. Bunding and sediment control via the use of straw bales and siltation fencing are proposed to enclose the stockpiled area with a water cannon sprinkler system in place to suppress dust in windy conditions. These controls are considered adequate and acceptable. Conclusion The application has been assessed against the relevant heads of consideration under the Environmental Planning and Assessment Act, 1979, and the recommendation is based on such assessment. It is considered the proposal will provide improved and needed additional parking and storage areas within the depot. The implementation of the proposed landscaping programme will effectively screen the area from view from surrounding public and private lands within a reasonable time. Appropriate conditions are recommended to minimise noise impacts on local residents.

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Attachment 1 - Conditions of development consent

Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued. Should this not occur, the Development Consent will lapse. To confirm and clarify the terms of consent, the development (including excavation, parking and storage) shall be carried out in accordance with the plans prepared by the Council of the City of the Blue Mountains numbered 5825–1 dated October 1995 as amended, the Landscape Plan prepared by Landstudio Landscape Design, numbered 02-303, dated April 2002, and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Site management 2. i) To prevent site works and associated materials and activities causing a nuisance to the surrounding properties and the area generally, all excavation work including removal of spoil and construction of the parking and storage area shall be carried out Monday to Friday between 8am-5pm and on Saturdays between 9am-1pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council.

Note: These times apply to the excavation work only and does not preclude other associated work including arrival of machinery, employees, tidying up, landscaping and personnel inspections and instructions occurring between 7am–6pm, Monday to Friday and 7am–3pm, Saturdays.

ii) Should jack hammering or ripping of foundation material be required, written notification shall be given to residents adjoining and opposite the site in Barton Street at least 24 hours prior to undertaking such work. The advice shall detail the date and expected duration of such work.

Fencing 3. The area of the site on which the development is located

is to be appropriately protected with fencing or a hoarding to prevent unauthorised access to the development site.

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Dust control 4. Measures such as an appropriate sprinkler system shall

be installed prior to the commencement of stockpiling to ensure material is not removed from the site during windy conditions.

Sediment & erosion

plan 5. To preserve the unique environment of the Blue

Mountains a soil and water management plan in accordance with Council’s Erosion & Sediment Control policy is to be submitted to and approved by the Principal Certifying Authority, prior to clearing of any site vegetation and the commencement of site works. This plan is to include scaled drawings and detailed specifications that can be readily understood and applied on site by supervisory staff. Items to be shown on the plan are to include:

a) locality; b) contours (existing and final); c) existing vegetation; d) existing site drainage; e) limit of clearing, grading and filling (location of

all earthworks including roads, areas of cut and fill and regrading);

f) locations and design criteria of erosion and sediment control structures;

g) site access; h) proposed vegetative buffer strips; i) location of critical areas (drainage lines, water

bodies etc.); j) proposed techniques for stabilisation of

disturbed ground; k) procedures for maintenance of erosion controls; l) details for staging works;

Engineering conditions 6. i) The new parking and storage area shall be drained

by pits and pipes. All drainage is to be subject to engineering design in accordance with ARR 1987. Discharge from the site is to be as per condition 4(ii) below. Provision is to be made for collection of oils and grease. Clean water and polluted water collection and disposal are to be addressed by separate systems.

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ii) Discharge from the site is to be restricted to pre-

development flows for a range of storms up to ARI 1:100yrs. Accordingly On Site Detention (OSD) is to be provided in accordance with ARR 1987 for both clean and polluted water systems. All site drainage is to be piped through OSD systems and piped to existing on site drainage systems.

iii) Engineering design required to satisfy Conditions

4(i) and 4(ii) above shall be submitted to and approved by Council prior to construction of the finished surface level of the storage and parking area.

iv) All engineering works required by this

development are to be in accordance with Council’s Specification for Engineering Works for Subdivisions and Developments Part 1 - Design and Part 2 - Construction (Development Control Plan No. 31). The design and construction is to include any additional works to make the construction effective.

v) A certified and approved “Works as Executed”

Plan of all the engineering works is to be submitted to Council at completion of works.

Landscaping 7. Landscaping is required to ensure that the development

contributes to the character of the Blue Mountains and is carried out in a manner that enhances the development whilst minimising any impact to and upon the surrounding area. In this regard, all work shall be carried out in accordance with the Landscape Plan and specifications prepared by Landstudio Landscape Design being Drawing No. 02–303 dated April 2002 except where amended by the following: i) Screening vegetation to the southern boundary

shall achieve a maximum height of approximately 3.0 metres or to the level of normal eye height from the floor level of the adjoining residence. Should the vegetation attain a height greater than that specified then such vegetation shall be trimmed to ensure solar access and views across the depot site are maintained.

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ii) Vegetation used must be suitable for an upper

mountains environment and achieve the required effect within a reasonable time. Species such as Photinia or various conifers (with future trimming) should be considered.

iii) Any vegetation that dies or is removed shall be replaced with the same or similar species.

iv) Should changes be sought to the plant species nominated, then this shall occur only with the prior approval of Council.

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Attachment 2 - Plans

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ITEM NO: 13 SUBJECT: DEVELOPMENT APPLICATION NO. X02/0573 FOR THE

CONSTRUCTION OF A CANTEEN AT JUBILEE PARK ON SECTION 13 DP 758115, AND LOT 1 DP 193506, NOS. 33-65 CLANWILLIAM STREET, BLACKHEATH

FILE NO: X02/0573 Recommendations: 1. That Development Application No. X02/0573 for construction of a canteen at Jubilee

Park on Section 13 DP 758115, and Lot 1 DP 193506, Nos. 33-65 Clanwilliam Street Blackheath be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report.

2. That Construction Certificate No. X02/0573 be issued. Report by Acting Group Manager, Health and Development: Reason for report The application is referred to Council for determination in

accordance with Council Policy for applications on Council owned/managed land where an objection has been received.

Applicant

Blackheath Rugby League Club.

Owner

The Crown (Management of the land is under the care and control of Council) C/- Department of Land and Water Conservation.

Application lodged

17 April 2002.

Property address

Blackheath Sports Ground, Jubilee Park No. 33-65 Clanwilliam Street, Blackheath.

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Site description The Blackheath Sports Ground is located in Jubilee Park on the

south eastern corner of Clanwilliam and Leichhardt Streets, Blackheath. The site measures approximately 1.9 hectares in area and comprises a football field, player change rooms and storage rooms, netball courts, cricket nets, children’s park and public toilet block. The Blackheath Bowling Club and the Phillips Tennis Centre adjoin the site to the south. A small on site car park is located to the north of the change rooms and is accessed from Clanwilliam Street. The car park accommodates approximately 12 vehicles.

Background

In August 1999 a development application was received for the erection of a lunchroom adjacent to the existing amenities building on the site for use by Council maintenance. The application received considerable opposition from surrounding neighbours who raised a number of issues in relation to the proposed development including the building being an inappropriate use of a public recreational facility, loss of recreation area, increased traffic and loss of parking due to parking of large Council vehicles and visual impact. Council, at its meeting on 7 September 1999, considered a Matter of Urgency in relation to the then proposed application and resolved: “1 That Council fully consult all users of the

Blackheath Sports Ground before any further development takes place.

2 That should this consultation be satisfactory any facilities to be relocated are finished and ready for use before the old facilities are removed.”

Subject Site

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Following a meeting between various Blackheath community

groups, Councillors and Council officers, the application was subsequently withdrawn.

Proposal

The application presently before Council proposes to locate a canteen for use by sports groups using the Park at the eastern end of the existing car park area. The canteen will have an area of approximately 20m2 and be of painted concrete block construction with a pitched roof utilising ‘Caulfield Green’ Colorbond corrugated iron roofing. The building will measure 3.5 metres in height with the serving counter oriented toward the football field to enable staff and customers to still view the game whilst being served at the canteen. The applicant indicates that the canteen will be utilised for 3-4 hours on weekends during sporting seasons to sell refreshments and snacks to spectators and players using the sporting facilities. The canteen will be staffed by up to 3-4 persons and a sign stating ‘Canteen’ is proposed to be placed on the building. A plan showing the proposed building is included as Attachment 2 to this Report.

Development controls

Zoning – • Recreation Existing 6(a) under Local Environmental Plan

No 4. • Proposed Recreation zone under draft Local Environmental

Plan 1997. Notification

The application was advertised for a period of 14 days from 22 April 2002 to 3 May 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby property owners. Two (2) submissions were received as a result of this community consultation process, one (1) objecting to the proposal, and the other supporting the proposal but suggesting an alternative location for the building. The matters raised in the submissions are discussed in detail in the following sections of this report and can be summarised as follows: • The building would be better located in line with the

existing change room building to minimise visual intrusiveness and improve safety.

• The building is inappropriate and unappealing in terms of its design and proportions.

Issues

• Provision of Planning Instruments. • Development impact. • Submissions received/public interest.

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Compliance Table Clause Standard Proposed Compliance LEP 4 40(1) Connected to utility

services. Site is connected to reticulated sewer and water and electricity.

Yes

42(a) Spread of fire. The proposed building is of sufficient setback from adjoining property and is consistent with Building Code of Australia (BCA) requirements.

Yes

42(b) Land stability. The site is not identified as being affected by land subsidence or flooding.

Yes

42(c) Heritage. The site and surrounding development is not heritage listed.

Yes

42(d) Building height. The canteen is a single storey building. Yes 42(e) Visual impact. The building is small in area (20m2)

and is essentially in keeping with the style and functionality of the existing buildings on the site. The building is to be painted in an unobtrusive colour, consistent with the existing building and is well setback from the street.

Yes

42(f) Road access. Vehicular access to on-site parking is available from Clanwilliam Street.

Yes

Certain development on land zoned 6(a) or 6(e) - 43A (a)

The necessity for the proposed development on the land.

The proposed canteen will provide a permanent structure for the serving of light refreshments to patrons and players at sporting events at the site. Currently, respective sporting clubs utilise a caravan which arrives prior to events. The caravan is a temporary structure which has limited internal space for the serving and preparation of food, and is inappropriate in terms of hygiene and visual appearance.

Yes

43A (b) The impact of the proposed development on the existing or future use of the site.

The canteen is located and designed so as to reduce visual impact on the street and minimise disruption of traffic and pedestrian traffic. The canteen will replace one (1) onsite car parking space however this is considered acceptable considering the availability of street parking which will compensate for the loss of this space. The canteen will provide an essential facility for the site and is not considered to impact on the existing or future use of the site.

Yes

43A (c) The necessity to retain the land for its existing or likely future use.

The site is a relatively small scale sporting ground with limited space for future or larger scale development. It is therefore unlikely that the proposed building will impact on any future intended uses of the site.

Yes

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Discussion of issues 1. Provision of Planning Instruments - Section 79C (a) The site is zoned Recreation Existing under the provisions of Local Environmental Plan No. 4 in which a canteen is permissible with Council consent. The proposed canteen is defined as a ‘use or building associated with those purposes which are under the care, control and management of the Council’. The canteen building is considered to be ancillary to and associated with the recreational purpose of the site. The site is proposed to be zoned ‘Recreation’ under the exhibited draft LEP 1997 in which ‘recreation areas’ and ‘recreation facilities’ are also proposed to be permissible. 2. Impact of the Development - Section 79C (b) The proposed building is setback approximately 29 metres from Clanwilliam Street and is of single storey construction. The design and materials to be utilised for the proposed building are compatible with the appearance of the existing buildings on the site. The proposed building will incorporate a pitched roof which will contribute to ensuring the building is more visually interesting. The concrete block work of the building is proposed to be painted a beige or cream colour and the roof colour is to be ‘Caulfield Green’. These colours will contribute to further minimising the visual intrusiveness of the building. The building is considered to be of a size and scale suitable for such a use and not likely detract significantly from the visual appearance of the site and streetscape. While the building will result in the loss of one (1) car parking space, its location is not considered to unduly impact on the functioning of the car park area or on the adjacent change room building. No vegetation is proposed to be removed for the construction of the proposed building. The addition is not considered to result in any significant increase in runoff and all storm water will be disposed of to absorption trenches. No additional impact on the locality by way of noise, traffic, run-off, visual impact or reduced privacy to adjoining neighbours is anticipated by the proposed development. The canteen will be utilised predominantly on weekends during the football and cricket seasons for a period of 3-4 hours and is not considered to introduce any additional impact on the amenity of the site or locality. 3. Public Submissions/Public Interest—Section 79C (d) and (e) The majority of the matters raised in the public submission have been assessed in the preceding sections of this Report however the following comments are made in regard to the remaining issues raised: 1. Relocate the building to be in line with the existing change room building to minimise

visual intrusiveness and improve safety.

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Comment: The proposed location is considered practical in terms of proximity to the football ground and general safety. The canteen is of a sufficient distance from the playing field boundaries to ensure that customers waiting at the canteen would be unlikely to be impacted upon by players spilling over from the field. The proposed location also enables canteen staff and spectators to still view the game whilst play is in motion, which the applicant contends is an important consideration on its location. Relocation of the building in line with the existing change room would potentially result in introducing traffic/spectator conflict as visitors to the canteen would be required to cross the car park and turning area to reach the building. It is considered that the size of the proposed building will not significantly detract from the visual appearance of the site and streetscape. Construction Certificate The current application is a combined Development/Construction Certificate Application. The Construction Certificate documentation has been assessed against the relevant provisions of the Building Code of Australia and complies with those provisions. Accordingly, the Construction Certificate can be determined and issued with the Development Application. Conclusion The development is for a purpose for which the land is zoned and is permissible with Council consent. The canteen building will improve the facilities available for users of the ground and contribute to improving the function of an essential Council service. Recreation facilities are an integral part of the community and therefore it is not considered that the proposed building poses a risk to the public interest. Accordingly the application is recommended for approval subject to conditions which will ensure the development is carried out in accordance with the plans and documentation submitted.

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Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within a two year period from the date of consent. Should this not occur, the development consent will lapse. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by D Colefax numbered 2895 dated May 1995 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Fencing 2. The building area is to be protected by a fence or hoarding to prevent unauthorised access to the construction site.

Building Code of Australia

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

Structural details 4. To ensure that the design is structurally sound, details

prepared by a registered Structural Engineer are to be submitted to and approved by the Principal Certifying Authority prior to the commencement of the building in respect to: a) reinforced concrete floor slab on the ground. (Details

are to make specific reference to Australian Standard 2870 and soil classification for the site.)

b) wall construction. Certification shall refer to the appropriate codes or other criteria relied upon by the Structural Engineer.

Site management 5. To safeguard the local amenity, reduce noise nuisance

and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of

materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council.

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b) Stockpiles of topsoil, sand, aggregate, spoil or other

material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.

c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site.

d) Builders waste must not be burnt or buried on site. All waste must be contained and removed to a Waste Disposal Depot.

Stormwater drainage 6. To control rainwater runoff, roof water shall be connected

to stormwater drainage lines discharging to stormwater pits (600mm wide x 600mm deep x 2m long, for each downpipe. Pits shall be located within a landscaped or grassed area at least 4m from any building or property boundary). Note: A 100mm x 50mm downpipe is considered capable of draining up to 45m2 of roof area. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.

Materials & colours 7. To have regard of the amenity of the area, the materials

and colours to be used are: a) External walls: Concrete blockwork - Beige b) Roof: Pre-painted metal - Caulfield

Green Any variation to the above materials / colours will require the prior approval of Council.

Construction

inspections 8. To ensure structural integrity, the maintenance of

minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are: a) Reinforcing steel in position and before concrete is

poured (footings, lintels, beams, columns, floors, walls and the like.

b) Framing when external wall and roof cladding is in place and prior to internal linings.

c) Stormwater drainage between building and discharge point (drainage pipes, soakage pits and the like) prior to covering.

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d) Completion of the development and sign off to all

conditions of the consent including landscaping, prior to occupation and use.

At each inspection, erosion and sediment control measures and site management will be inspected.

Notice to occupy 9. To ensure compliance with the Food Act and Council's

Food Premises Code, Council is to be given 2 days notice prior to the intention to occupy the premises and commence trade.

Construction of food

preparation areas

10. To enable surfaces to be easily cleaned and kept clean, a) Walls, floors and ceilings are to be properly

constructed with rigid smooth-faced material. The intersection of walls with floors and exposed plinths are to be coved to a radius of not less than 25mm. The intersection of the walls and ceiling is to be tight jointed, sealed and dust-proofed. The internal concrete blockwork is to be rendered smooth.

b) All service pipes and conduits in the food preparation area shall be concealed in floors, walls or ceilings.

c) A rigid smooth faced impervious ceiling shall be provided over the food preparation and serving areas. The surface finish is to be free of open joints, cracks, crevices or openings with the intersection of the walls and ceilings being tight jointed, sealed and dust-proof.

Food preparation surfaces 11. So that surfaces can be easily cleaned, the counter,

benches, drainage boards and the like are to be of rigid smooth-faced, non-absorbent material, free of cracks, crevices or cavities eg., stainless steel, laminex etc.

Hand basin 12. To enable hands to be effectively washed in a convenient

location to the food handling area: a) A separate hand basin with hot and cold water issued

through an approved mixing device is required in the kitchen. The mixing device is to be adjusted to enable hand washing in water with a minimum temperature of 40°C.

b) A supply of single use towels and liquid soap are required at the hand basin at all times.

Vermin protection 13. To protect the premises from vermin and flies a metal

gauze screen door is to be fitted to the entry door and a sliding gauze door is to be fitted to the roller door opening.

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Deliveries 14. Deliveries of food and beverages to the canteen are not to

impede the flow of traffic in the car parking area.

Barrier fence 15. The barrier gate located to the east of the canteen building is to be relocated further south along the car park fence to enable access by emergency and Council vehicles.

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Attachment 2 - Plan

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ITEM NO: 14 SUBJECT: DEVELOPMENT APPLICATION NO. S02/0019 FOR A ONE INTO

TWO LOT SUBDIVISION ON LOT 7 SECTION 6 DP 758553, NO. 39 FITZGERALD STREET, KATOOMBA

FILE NO: S02/0019 Recommendation: That Development Application No. S02/0019 for a one into two lot subdivision on Lot 7, Section 6, DP 758553, No. 39 Fitzgerald Street, Katoomba be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report. Report by Acting Group Manager, Health and Development: Reason for report This matter is reported to Council in accordance with Council’s

resolution of 26 September 2000 (Minute No.397), which requires that applications relating to properties owned by staff having delegations to determine land use applications, be determined by Council.

Applicant

Stephen Conroy Surveyors.

Owner

Ms R Hodgins.

Application lodged

16 April 2002.

Property address

Lot 7, Section 6, DP 758553, No. 39 Fitzgerald Street, Katoomba.

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Subject Site

Page 77


Site description The subject site is located on the northern side of Fitzgerald

Street Katoomba, approximately 90 metres east of Victoria Street. The site extends north to Rupert Street and is adjoined by existing residential development. The site is 2025m2 in area, 100.6 metres deep with 20 metres frontages to both Fitzgerald and Rupert Streets. It contains an existing cottage and metal shed. The site has existing driveway access off both street frontages. The site falls to both street frontages. Fitzgerald Street fronting the site has a 7 metre wide sealed carriageway. Rupert Street has a 6 metre wide sealed carriageway with concrete vertical kerb and gutter fronting the site. All services are within both roads fronting the site.

Proposal

It is proposed to subdivide the site into two allotments as illustrated on the plan of subdivision included as Attachment 2 to this Report. Proposed Lot 71 would be 906m2 in area with a 20.135 metre frontage to Rupert Street. Proposed Lot 72 would be 1119m2 in area with a 20.135 metre frontage to Fitzgerald Street. Proposed Lot 72 would contain the dwelling and shed.


Zoning –

• Residential 2(a1) - LEP 4 Development Control Plan –

• DCP 27 – Subdivision Regional Environmental Plan –

• SREP 20 – Hawkesbury Nepean Catchment Notification

The application was notified to nearby properties and exhibited for a period of 14 days from 19 April 2002. No submissions were received.

Issues

Statutory Considerations.

Page 78


Compliance Table: Residential 2(a1) Subdivision – LEP 4 Clause Standard Proposed Compliance Clause 33(2)(c)(i) Minimum area of 700m2

906 and 1119m2 Yes

Clause 33(2)(c)(iii) Ratio of frontage to depth satisfactory to Council

1 : 2.2 and 1 : 2.7 Satisfactory

Clause 33(2)(c)(iv) A frontage of not less than 18.5m

20.135m each Yes

Discussion of Issues Statutory Considerations a) Local Environmental Plan 4 The site is zoned Residential 2(a1) pursuant to LEP 4. Subdivision is permissible in this zone with the consent of Council. As noted in the above Compliance Table, the proposed subdivision satisfies the relevant development standards of LEP 4. b) Development Control Plan 27 - Subdivision The proposal complies with the relevant sections of DCP 27 in the following manner:

• The site is largely devoid of vegetation and contains no significant flora or fauna. • A watercourse does not affect the site. • The proposed lots contain adequate land suitable for residential development. • The site is within a developed residential area with 2 road frontages. The site can be

appropriately protected from bushfire. • Both roads fronting the site are constructed with sealed carriageways. The site is

readily accessed. • No public drainage system affects the site. • Both proposed lots can drain runoff to the street gutters, and the road drainage system

can accommodate that discharge. • All services are available to both proposed allotments. • Both proposed lots have adequate areas for private open space.

c) Regional Environmental Plan 20 – Hawkesbury Nepean Catchment The site is located within the Grose River sub-catchment of the Hawkesbury Nepean River system. Subdivision of the site will not require any physical works to be carried out. Future development of the proposed lots can be suitably controlled to minimise the risk of sedimentation and erosion impacting downstream.

Page 79


Merit Considerations The proposal is consistent with the predominant development pattern of the locality. Independent Consultant Review In accordance with Council’s procedures, the application has been reviewed externally by an independent Town Planning Consultant. This was undertaken by Mr Karl Berzins of Berzins Environmental Planning who has submitted a report dated 7 June 2002 which states in part:

“I inspected the site yesterday. I have also reviewed the assessment report prepared in respect of the subject application. The proposal, being a two lot subdivision is a permissible use under the provisions of Blue Mountains LEP No. 4. The proposal does not contravene any development standard in this instrument. The proposal also complies with all relevant DCP’s. The subject land does not contain a heritage item nor is it located in close proximity to a heritage item. The proposal is considered to be infill development and results in two lots that are consistent in shape and size to surrounding allotments. The subject land has no constraints to subdivision or future residential development. The proposed conditions are supported. A minor matter that I will raise relates to access to proposed lot 71 from Rupert Street. Does Council require a sealed driveway to be constructed across the Rupert Street road reserve. If such construction is a normal requirement then a condition to this effect needs to be added to the consent. In conclusion the proposed subdivision is an orderly and economic development of the land and will compliment the existing subdivision pattern in the locality. I concur with the assessment report prepared by Council officers and would recommend the application for Council’s approval.”

Comment on Independent Consultant Review The minor matter of the access driveway to Proposed Lot 71 has been reviewed. A sealed driveway is not normally required in circumstances such as this, where the slope across the footpath area is relatively flat. No additional condition is considered warranted.

Page 80


Conclusion The proposal exceeds the development standards of the Local Environmental Plan. The site is located within an area of residential development with a lot pattern similar to that being proposed. Both allotments can be satisfactorily serviced, accessed and drained. The subdivision is an appropriate development of the subject site.

Page 81



Confirmation of

development 1. To confirm and clarify the terms of consent, the

development shall be carried out in accordance with the plans prepared by Stephen Conroy (Surveyors) numbered 11777 and dated 6 December 2001 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Lapsing of consent 2. Pursuant to Section 95(2) of the EP&A Act 1979, this

consent will lapse 2 years from the date of this consent, unless the subdivision certificate and final plan of subdivision are registered with the NSW Land and Property Information Service before the expiration of the 2 years.

Certificates from

Authorities Early contact with these authorities is recommended

3. To ensure satisfactory effluent disposal and utility services are provided to all lots on the subdivision, you are required to submit to Council Compliance certificates from – a) Sydney Water.

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained indicating all proposed lots are serviced by reticulated water and gravity sewer systems. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision certificate for the development. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water web site www.sydneywater.com.au or telephone 132092. Following application a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

b) Integral Energy indicating that satisfactory arrangements have been made for the provision of electricity supply to each lot in the subdivision.

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c) An approved telecommunications service provider

stating that satisfactory arrangements have been made for telephone services to each lot in the subdivision.

Development

Contributions 4. The payment to Council of the following contributions

pursuant to S 94 of the Environmental Planning and Assessment Act, 1979, prior to issue of the Subdivision Certificate for the provision of:

$ Open Space Area No 2 693.33 Bush Fire Services Area No 2 577.06 Administration Area No 2 45.82 Total Contribution Due $1316.21

The above amounts will remain for a period of three months from the date of this consent after which they will be indexed in accordance with Council’s Development Contributions Plan.

The Development Contributions Plan is available for inspection at Council’s Katoomba Office, Civic Place, Katoomba or Council’s Springwood Office, Macquarie Road Springwood, Monday to Friday. 8.30 am to 5.00 pm.

House Numbering 5. To ensure appropriate definition of the allotments, the

following house numbering shall apply to the proposed lots:

• Lot 71 – 38 Rupert Street • Lot 72 – 39 Fitzgerald Street

Subdivision Certificate 6. An application for a Subdivision Certificate is required on

completion of all conditions of development consent. The application is to be lodged with and approved by Council as the consent authority. The applications should include the original plan of subdivision plus 5 copies. The location of all buildings and / or other permanent improvements must be shown on one copy.

Page 83


Attachment 2 – Proposed Subdivision Plan

Page 84


ITEM NO: 15 SUBJECT: DEVELOPMENT APPLICATION NO. X01/1773 FOR FIVE

ADVERTISING SIGNS ON LOT 2 DP 208478, 435-437 GREAT WESTERN HIGHWAY, FAULCONBRIDGE

FILE NO: X01/1773 Recommendations: 1. That Development Application No. X01/1773 for five advertising signs on Lot 2 DP

208478, 435-437 Great Western Highway, Faulconbridge be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the refusing of consent for the following reasons:

a) The proposal does not comply with the provisions of Development Control

Plan No 21-Advertising and Information Signage in regard to the number, height, size and design of the proposed signs.

b) The proposed signs will have an adverse impact on the character of the East

Faulconbridge commercial precinct. c) The excessive number, height and illumination of the proposed signs will be

visually intrusive when viewed from the Great Western Highway and other public places.

2. That the applicant be invited to submit a further application for signage complying

with Development Control Plan No 21 Advertising and Information Signage. Report by Acting Group Manager, Health and Development: Reason for report Two Councillors have requested the application be referred to

Council for determination, and Council previously dealt with advertising on this site during the assessment of the original development application.

Applicant

The Signcraft Group

Owner

S. Penna and R. Fitzpatrick

Application lodged

28 December 2001

Page 85


Property address 435-437 Great Western H' Way, Faulconbridge

Site description

The subject land is located at 435-437 Great Western Highway, Faulconbridge and contains a motor showroom. The site improvements consist of a showroom, service area and carpark at the rear and an open forecourt adjacent to the highway where vehicles are displayed for sale.

Proposal

It is proposed to provide two (2) illuminated wall signs on the front fascia of the showroom, one (1) non- illuminated wall sign and two (2) illuminated freestanding signs. A copy of the plans showing the site area and the proposed signs are provided in Attachment 1. Sign 1 – Holden illuminated monolith sign Sign 2 – Nissan illuminated pylon sign Sign 3 – Holden illuminated wall sign Sign 4 – Nissan illuminated wall sign Sign 5 – Dealer name and logo wall sign There are also a number of other signs apparently proposed at the rear of the building however no plans or details have been provided despite requests for full details of the proposed signage. Therefore these signs have not formed part of the assessment, are not discussed in this report and could not form part of any approval.

Subject Site

Page 86


Development controls The property is zoned Business Automotive 3(d) under Local

Environmental Plan No 4. The following are also are applicable to the site: State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP64). Draft Local Environmental Plan 1997 Development Control Plan No 21 – Advertising and Information Signage (DCP21). Development Control Plan No 10 – Blue Mountains Town Character (DCP10). Development Control Plan No 4 – Faulconbridge East Shopping Centre (DCP4).

Notification

The application was advertised by written notification for a period of 14 days from 10 January 2002 to adjoining property owners. No submissions were received.

Issues

Assessment issues –

1. Compliance with Council’s Planning Controls. 2. The visual impact of the signs when viewed from the

highway and adjoining public areas. Background The background to the proposal is as follows:

1. The original consent for development of the property, DA 1957/99, contained a condition that only one (1) freestanding pole sign could be placed on the site.

2. The site has since been sold and the current owner operates two businesses from the site. This was envisaged when the original consent was granted. The two businesses are a Holden franchise and a Nissan franchise.

3. The businesses are physically separated on the site and within the showroom. 4. The applicant was advised to devise an integrated proposal for advertising

structures on the site. 5. In general terms it can be said that the parent car companies are unwilling to

accept shared advertising (ie. on the same structure). 1. Compliance with Council’s Planning Contro ls Development Control Plan No. 4 - Faulconbridge East Shopping Centre DCP4 is applicable to this site however there are no specific standards for compliance. The specific controls relating to advertising and signage apply to the nine (9) properties adjoining the west of the site whereby they are limited to one (1) freestanding sign to be shared amongst all businesses. This control clearly indicates the level of Council concern over the proliferation of signage along the Great Western Highway.

Page 87


Development Control Plan No 10 – Blue Mountains Town Character This DCP provides emphasis on the retention of the character, landscape and streetscape of the villages and roads within the City of Blue Mountains. East Faulconbridge provides a low scale commercial precinct with minimal advertising. The major discordant note is the motel and restaurant signage to the east of the subject site being older style advertising having a significant impact on the streetscape. The provision of four additional illuminated signs in a concentrated area within this precinct is likely to further intrude on the ambience of the precinct. State Environment Planning Policy No 64 – Advertising and Signage Council’s DCP21 has been prepared after the gazettal of SEPP64 and as such incorporates much of the content of that document in regard to assessment and types of advertising signs that may be approved. As there are no additional provisions beyond that contained within DCP21 discussion will take place in regard to the provisions of that document. Development Control Plan No 21 – Advertising and Information Signage (DCP21) Compliance with the General Assessment Criteria of Part 2 – Area Specific Guidelines Matter for consideration Comment Compliance

1 To provide a consistent approach to the

control, location and design of advertisements and information signage. To encourage advertising signs which are compatible with the desired amenity and visual character of an area. To ensure that signage is of a high quality design and finishes. To ensure signage is adequate and effective and recognises the legitimate need for signs providing directions, business identification and promotion. To prevent the proliferation of signage and to encourage the rationalisation of existing and proposed signs. To ensure signs are not located where they may be hazardous to pedestrians or motorists

Size, number, height and design is inconsistent with DCP Size, height and number as well as illumination is inconsistent One sign is of poor design Signage is product related rather than business identification and is excessive No existing signs but provides 2 freestanding signs They are within the site

No No No No No Yes

2 Compatibility with existing or desired future character Consistency with theme of advertising in area

Small village precinct of low scale No theme but signage very limited under DCP4

No No

3 Compatibility with amenity and visual quality of special area

DCPs 4 and 21 envisage very limited signage

No

4 Are views obscured or compromised? Do signs dominate skyline or diminish vistas? Interference with other advertising?

N/A The vista travelling east along highway will become cluttered by 2 additional illuminated signs Existing motel signage will be less visible

N/A No Yes

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Matter for consideration Comment Compliance

5 Is scale, proportion and form appropriate?

Contribution to visual interest of streetscape, setting or landscape? Is there a reduction of advertising clutter? Do signs protrude above buildings, structures or tree canopies?

Sign 2 in particular is poorly proportioned and signs 1 and 2 are inconsistent in design and proportion. No contribution to streetscape It will add to clutter. There is a tree canopy backdrop that is ineffective from closer areas

No No No No

6 Compatibility with site or building ? Respect for important site features? Innovation and imagination in respect to site?

Signs 4 and 5 are incompatible with building N/A Standard signs

No N/A No

7 Are there safety devices, platforms, lighting or logos as an integral part of signage?

Yes Yes

8 Does illumination create unacceptable glare? Are there safety issues from illumination? Loss of amenity to residence or motel? Can intensity be adjusted? Is illumination time limited?

No No No Can be conditioned Can be conditioned

Yes Yes Yes Yes Yes

9 Is road safety reduced? Is pedestrian or bicyclist safety reduced? Are sightlines reduced?

No No No

Yes Yes Yes

Specific Guidelines and Controls

Town Centres

Signage must not dominate the visual character or streetscape

Four illuminated signs with 2 at the front boundary being 5.7 metres high

No

Design and placement

One (1) freestanding sign where building set back from street Shared advertising structures

Two (2) freestanding signs Separate signs

No No

Compliance with the Sign Types and Design Criteria –Part 3 General Sign Types Clause Standard Proposed Compliance Freestanding signs

Sign 1 Not project over boundary Not obstruct window or feature Not protrude above dominant skyline Maximum height – 5 m Maximum width – 2 m May be double sided Maximum area each side of 4.5 sq m

Sign within boundary No obstruction Below canopy tree background 5.7 m 2.2 m Double sided 12.54 m

Yes Yes Yes No No Yes No

Page 89


Clause Standard Proposed Compliance Sign 2 Not project over

boundary Not obstruct window or feature Not protrude above dominant skyline Maximum height - 5m Maximum width – 2 m May be double sided Maximum area each side of 4.5 sq m

Sign within boundary No obstruction Below canopy tree background 5.7m 4.05m Double sided 4.25 sq m

Yes Yes Yes No No Yes Yes

Wall signs Sign 3 Maximum projection of

300mm from wall Must not project beyond walls, or above parapets or eaves Must not be on same elevation as Business Identification Sign Maximum 1 wall sign per elevation Complementary to architecture No obstruction to features Maximum area of 4.5 sq metres No internal illumination

Unknown –to be conditioned Projects below eaves – to be conditioned On southern elevation but separated by distance and significant recess As per comment above Neither complementary or adversarial No obstruction 5.8 sq m Internal illumination

Yes Yes Yes Yes Yes No No

Sign 4 Maximum projection of 300mm from wall Must not project beyond walls, or above parapets or eaves Must not be on same elevation as Business Identification Sign Maximum 1 wall sign per elevation Complementary to architecture No obstruction to features Maximum area of 4.5 sq m No internal illumination

Unknown –to be conditioned Projects below eaves – to be conditioned On southern elevation but separated by distance and significant recess As per comment above Neither complementary or adversarial No obstruction 5 sq m Internal illumination

Yes Yes Yes Yes Yes No No

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Clause Standard Proposed Compliance Sign 5 Maximum projection of

300mm from wall Must not project beyond walls, or above parapets or eaves Must not be on same elevation as Business Identification Sign Maximum 1 wall sign per elevation Complementary to architecture No obstruction to features Maximum area of 4.5 sq m No internal illumination

Unknown –to be conditioned Projects below eaves – to be conditioned On southern elevation but separated by distance and significant recess As per comment above Neither complementary or adversarial No obstruction 3.8 sq m No internal illumination

Yes Yes Yes Yes Yes Yes Yes

2. Visual Impacts The applicant was advised to provide and integrated approach to signage on the site however this has not been achieved with the approach seemingly being one of placing standard signs on the available areas of the site and building. Council’s policy requires sharing and coordination of freestanding signs and no evidence has been provided to indicate that that approach has been attempted. The approach is no different to that of any other shop advertising two of the products sold on the property. The business operating from the site is the Blue Mountains Motor Group and any signage advising that is virtually ancillary to the product signage. The wall signs will be located on separate parts of the building within the three gable ends and are considered generally acceptable in terms of their location. What is less acceptable for signs 3 and 4 however is their size and design. They are standard designs shown to be too large by their projection below the eave line. Any approval should limit them to the Nissan and Holden logo located centrally within the gable area and to be non- illuminated. Alternatively they could simply use the individual vehicle names to designate the specific areas of the building. The size and illumination is considered neither necessary nor desirable as these signs are simply to guide customers to the correct part of the premises to view vehicles. The two pylon signs have been reduced by agreement from the originally proposed height of 7 meters to a maximum of 5.7m in height. The larger Holden monolith sign provides a high quality sign however its physical size is well outside Council’s requirements and will dominate the streetscape. The other smaller Nissan sign however has little intrinsic merit in its design being simply a rectangular illuminated box on a small diameter pylon. It does not to meet Council’s standards.

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Council’s DCP generally seeks to prevent proliferation of signs to ensure those that are approved are of a high quality. Further, the DCP seeks the rationalisation of existing signs. In any approval the opportunity exists to remove two older and dilapidated light poles at the front of the site, thereby further enhancing the appearance of the site. Conclusion The proposal does not meet the majority of standards contained within Council’s Development Control Plan for Advertising and Information Signage. In particular critical components such as the number, size and illumination of signs and their impact on the character of the East Faulconbridge shopping precinct are not achieved. A number of possible amendments are suggested within the report and could be put to the applicant should another application be received. There are options for less intrusive signage to be erected on the site within the standard suite of signs provided by the car companies and these should be investigated and utilised. The proposal is considered unsatisfactory and is recommended for refusal.

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Attachment

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Attachment

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Attachment

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Attachment

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Attachment

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Attachment

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ITEM NO: 16 SUBJECT: DEVELOPMENT APPLICATION NO. X02/0600 FOR A DETACHED

CARPORT ON LOT 34 SECTION J DP 5785, NO. 60 FOURTH AVENUE, KATOOMBA

FILE NO: X02/0600 Recommendations: 1. That Development Application No. X02/0600 for a detached carport on Lot 34,

Section J, DP 5785, No. 60 Fourth Avenue Katoomba be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report.

2. That Construction Certificate No. X02/0600 be issued. Report by Acting Group Manager, Health and Development: Reason for report This matter is reported to Council in accordance with Council’s

resolution of 26 September 2000 (Minute No. 397) which requires that applications relating to properties owned by staff, having delegations to determine land use applications, be determined by Council.

Applicant

Hi Craft Home Improvements.

Owner

Mr B Tully.

Application lodged

18 April 2002.

Property address

Lot 34, Section J, DP 5785, No. 60 Fourth Avenue Katoomba.

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Subject Site

Page 99


Site description The subject land is located on the western side of Fourth Avenue,

Katoomba and is opposite a Council Reserve. The property has an area of approximately 1011m2 and is relatively flat. A single storey brick veneer dwelling is located on the site.

Proposal

It is proposed to erect a 12.0 metre long by 3.5 metre wide carport, in line with the front of the existing dwelling with a front building setback of 10.0 metres and a 900 mm setback from the northern side boundary. The pre-painted metal carport will be ‘Mist Green’ in colour and will stand 2.4 metres high. Plans showing the proposed carport form Attachment 2 to this Report.


Zoning – • Residential 2(a1) under Local Environmental Plan No. 4. • ‘Living Conservation’ under Draft Local Environmental

Plan 1997. Notification

The application was notified to adjoining property owners in accordance with Development Control Plan No. 35—Community Consultation for Land Use Management, for a period of 14 days. No submissions were received.

Issues

Environmental Planning Instruments.

Compliance Table:

Local Environmental Plan No. 4 Clause Standard Proposed Compliance

cl.39 Height of buildings—maximum 2 storeys. Single storey. Yes

Development Control Plan No. 26

Page 4 Non-combustible roofing. Metal roofing. Yes

Development Control Plan No. 30

cl. 6.6 8 metre front building setback. 10 metres. Yes

Page 100


Discussion of Issues The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Local Environmental Plan No. 4, Development Control Plan No. 10—Blue Mountains Character Guidelines, Development Control Plan No. 26—Building in Bushfire Prone Areas and Development Control Plan No. 30—Smart Design. The application for the Construction Certificate has also been assessed for compliance with the Building Code of Australia.

The proposed development complies with the relevant planning instruments and with the Building Code of Australia. The proposed carport has an open design, flat roof and an equivalent width of a single carport, however the length has been designed to stack park two vehicles. It is therefore considered that the carport would not be visually prominent from the street.

The carport is proposed to be located over an existing gravel driveway in an area which is currently used for parking. The proposed setback from the northern side boundary would provide an acceptable separation between the carport and the adjoining property and therefore the carport would not impact unreasonably on the amenity of this property. The framing of the carport is proposed to be coloured green which is acceptable in this location.

Report by External Consultant

In accordance with Council’s procedures, the application has been reviewed externally by an independent Town Planning Consultant. This was undertaken by Mr Karl Berzins of Berzins Environmental Planning who has submitted a report dated 7 June 2002 which states in part:

‘In conclusion, the proposal is a common structure in a residential zone and its design and siting is satisfactory in terms of environmental impact.

I concur with the assessment report prepared by Council officers and would recommend the application for Council’s approval.’

Conclusion The Development Application for the erection of a carport has been considered in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979. The proposal will not have a detrimental effect on the streetscape or the enjoyment of adjoining properties. It is therefore recommended that the application be approved subject to the conditions shown in Attachment 1 to this Report.

Page 101



Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Hi Craft Home Improvements reference 15560 dated 12 April 2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Site management 2. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period:

a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council.

b) Builders waste must not be burnt or buried on site. All waste must be contained and removed to a Waste Disposal Depot.

Plans on site 3. A copy of the stamped and approved plans,

Development Consent and the Construction Certificate are to be on the site at all times.

Stormwater drainage 4. To control rainwater runoff, roof water shall be

connected to the street gutter. Construction

inspections

5. To ensure compliance with the approved plans and the Consent, and an acceptable standard of construction has been achieved, a Council inspection is required once the carport has been completed and prior to its use.

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ITEM NO: 17 SUBJECT: DEVELOPMENT APPLICATION NO. X02/0489 FOR A DETACHED

GARAGE ON LOT 1 DP 435865, NO. 27 BLACKHEATH STREET, LEURA

FILE NO: X02/0489 Recommendations: 1. That Development Application No. X02/0489 for a detached garage on Lot 1, DP

435865, No. 27 Blackheath Street Leura be determined pursuant to S.80 of the Environmental Planning and Assessment Act, 1979, by the granting of consent subject to conditions shown in Attachment 1 to this Report.

2. That Construction Certificate No. X02/0489 be issued. Report by Acting Group Manager, Health and Development: Reason for report This matter is reported to Council in accordance with Council’s

resolution of 26 September 2000 (Minute No.397) which requires that applications relating to properties owned by senior staff be determined by Council.

Applicant

Mr R A Mifsud.

Owner

Mr R A Mifsud.

Application lodged

3 April 2002.

Property address

Lot 1, DP 435865, No.27 Blackheath Street Leura.

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Subject Site

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Site description The subject land has a width of approximately 28.2 metres, a

length of approximately 80.2 metres and a total area of approximately 2266 square metres. The land is located on the low side of Blackheath Street, Leura, between Megalong Street and Craigend Street. At present a single storey timber clad dwelling with a metal roof is located on the site. A single garage is located under the dwelling at the rear with an existing concrete driveway to Blackheath Street. The site is also the subject of an approved Development Application for a one into two lot subdivision. Development Application S00/0024 was submitted by the previous owner of the property. The registration of this subdivision is imminent.

Proposal

It is proposed to construct a detached 6 metre x 6 metre double garage in line with the rear of the existing dwelling. The external cladding will consist of timber clad walls with a metal roof to match the existing dwelling. It is also proposed to extend the existing driveway to allow for access to the garage. The proposed garage and the existing dwelling will be located within the front allotment of the approved subdivision. The garage will have a front building setback of 21 metres and a 750 mm setback from the side boundary which will be created by the subdivision. A copy of the plans showing the proposed development form Attachment 2 to this Report.


Zoning – • Local Environmental Plan No. 4 - Residential 2(A1) • Draft Local Environmental Plan 1997 - ‘Living Conservation’ Development Control Plans – • Development Control Plan No. 26 — Building in Bushfire

Prone Areas • Development Control Plan No. 30 — Smart Design for Single

Residential Dwellings Notification

The application was notified for a period of 14 days to adjoining property owners in accordance with Council’s DCP 35 – Community Consultation for Land Use Management. No submissions were received.

Issues

Environmental Planning Instruments and Standards.

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Compliance Tables:

LOCAL ENVIRONMENTAL PLAN NO. 4 Clause Standard Proposed Compliance Cl 39 Height of

building-maximum 2 storeys.

Single storey. Yes

Cl 40 Utility services. All services available however no facilities are proposed within garage.

Yes

DEVELOPMENT CONTROL PLAN NO. 26

Clause Standard Proposed Compliance Page 4 Non combustible

roofing. Metal roof. Yes

Page 5 Enclosed subfloor.

Slab on ground. Yes

DEVELOPMENT CONTROL PLAN NO. 30

Cl 6.4 No more than 900mm fill.

Maximum 600mm fill. Yes

Cl 6.6 8 m front building line setback.

21 m. Yes

Cl 6.8 Materials and colours to match existing.

External cladding and colours will match those of the existing dwelling.

Yes

Cl 6.9 Prominence of garage from street.

The proposed double garage is to be located in line with the rear of the existing dwelling and positioned below street level.

Yes

Discussion of Issues Environmental Planning Instruments The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Local Environmental Plan No. 4 (LEP 4), Development Control Plan No. 10 Blue Mountains Character Guidelines (DCP 10), Development Control Plan No. 26 Building in Bushfire Prone Areas (DCP 26), Development Control Plan No. 30 Smart Design (DCP 30). The application for the Construction Certificate has also been assessed for compliance with the Building Code of Australia.

The proposed development is considered to be compliant with the relevant planning instruments. • Streetscape

The surrounding streetscape is characterised by small weatherboard cottages with side access to a garage or carport at the rear. The location of the proposed garage in line with the rear of the existing dwelling is therefore in keeping with the established streetscape. Additionally, the location of the garage below the street level also minimises any potential impact upon the streetscape.

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The materials and design of the proposed garage, which incorporates weatherboard cladding and metal roof, is compatible with that of the existing dwelling and sympathetic to surrounding buildings. • Site Disturbance

Disturbance to the site is minimised by locating the garage at the bottom of the existing driveway. Approximately 600 mm fill is proposed at the rear of the garage and this will be contained within the external walls of the garage by using an infill concrete floor slab. Stormwater is to be conveyed to an inter-allotment drainage easement which is being created as part of the approved subdivision. This drainage easement will dispose of stormwater to Craigend Street. Report by External Consultant In accordance with Council’s procedures, the application and Officer assessment has been reviewed externally by an independent Town Planning Consultant. This was undertaken by Mr Karl Berzins of Berzins Environmental Planning who has submitted a report dated 7 June 2002 which states in part:

“The proposed conditions are supported, however Condition 8 dealing with stormwater drainage should be reviewed in that it is not clear whether the piped drainage line exists and also the status of any easement needs to be confirmed as stormwater from the garage will be discharged through adjoining land. In conclusion the proposed development will add to the residential amenity of the subject land and not detract from the streetscape or environmental attributes of the locality. I concur with the assessment report prepared by council officers and would recommend the application for Council’s approval.”

Comment The drainage easement referred to in Condition 8 of Attachment 1 is an existing registered drainage easement which extends through the adjoining property to Craigend Street and therefore the stormwater from the proposed development can be discharged into this exiting easement. As part of the approved subdivision this inter-allotment drainage easement will be extended to service both of the proposed allotments. Conclusion The Development Application for the construction of a double garage has been assessed in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979.

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The proposed garage will not have an adverse impact upon the streetscape due to its design, which is sympathetic with the existing dwelling and its location towards the rear of the property. It is therefore recommended that the application be approved subject to the conditions shown in Attachment 1 to this Report.

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Consent 1. Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the stamped plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Building Code of Australia

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

Signage 3. To ensure that the site is easily identifiable for deliveries

and provides information on the person responsible for the site, a sign displaying the following information is to be erected: + The statement “Unauthorised access to the area of

the site on which the garage is under construction is not permitted”.

+ The names of the builder or another person responsible for the site along with an out of hours contact number.

+ Lot or Street number. Builders details 4. Prior to any works commencing on the site, a copy of the

owner / builder permit is required for Council records. Site management 5. To safeguard the local amenity, reduce noise nuisance

and to prevent environmental pollution during the construction period:


b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.

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c) Building operations such as brickcutting, washing

tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site.

d) Builders waste must not be burnt or buried on site. All waste must be contained and removed to a Waste Disposal Depot.

Erosion & sediment

controls 6. To preserve the unique environment of the Blue

Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Erosion & Sediment Control policy are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

Plans on site 7. A copy of the stamped and approved plans, Development

Consent and the Construction Certificate are to be on the site at all times.

Stormwater drainage 8. To control rainwater runoff, roof water shall be connected

to stormwater drainage lines discharging to the drainage easement. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.

Materials & colours 9. To have regard of the amenity of the area, the materials

and colours to be used are to match the existing building. Any variation to the above materials / colours will require the prior approval of Council.

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Construction

inspections 10. To ensure structural integrity, the maintenance of

minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are:

a) Reinforcing steel in position and before concrete is poured (footings, lintels, beams, columns, floors, walls and the like.

b) Stormwater drainage between building and discharge point (drainage pipes, soakage pits and the like) prior to covering.

c) Completion of the development and sign off to all conditions of the consent including landscaping, prior to occupation and use.


Use of garage 11. To ensure acceptable standards of health and amenity are

maintained, the garage is not to be used for human habitation or for commercial or industrial purposes.

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RELOCATION OF AN EXISTING DWELLING HOUSE (KNOWN AS ‘NARDI’) AND THE CONSTRUCTION OF A RESIDENTIAL FLAT DEVELOPMENT COMPRISING 7 UNITS ON LOT A DP 398972, LOT 6 DP 23271, LOT 7 DP 23271 AND LOT 9 DP 23271, 16 VIEW STREET, BLAXLAND

FILE NO: X02/0015 Recommendation: That Development Application No. X02/0015 for the relocation of an existing dwelling house (known as ‘Nardi’) and the construction of a residential flat development comprising 7 units on Lot A DP 398972 and Lots 6, 7 and 9 DP 23271, 16 View Street, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusing consent to the application for the following reasons:

1. The use of the Residential 2(a1) zoned Lot 9 as part of the residential flat development is not considered to be desirable or appropriate, as stipulated under the provisions of Clause 59A of Local Environmental Plan No. 4.

2. The proposal does not comply with the provisions of Clause 20 of LEP 4 in

terms of the provision of car parking facilities. 3. The proposal inappropriately impacts on the nature and character of the

adjoining 2(a1) Residential zone of View Street, Blaxland. 4. The proposal would adversely impact upon a building, through the removal of

‘Nardi’ from its setting and major disturbance of the established garden setting, within a site that is considered to be of historical and heritage significance.

5. The proposal would have an unacceptable impact on the heritage of the

Blaxland area. 6. The proposal is considered to be an overdevelopment of the site.

Report by Acting Group Manager, Health and Development: Reason for report This application is reported to Council at the request of two (2)

Councillors. The application also generated significant public interest during the public consultation period.

Applicant

Aldover Holdings Pty Ltd & R & K McCaffrey Pty Ltd.

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Owner Aldover Holdings Pty Ltd

R & K McCaffrey Pty Ltd

Application lodged

7 January 2002

Property address

Lot A DP 398972 and Lots 6,7 and 9 DP 23271, 16 View Street, Blaxland.

Site description The subject site is located on the eastern side of View Street

Blaxland, approximately 110 metres south from the intersection of Hope Street. The site is accessed from View Street via an existing driveway, which currently services Lot 6 and 7 DP 23271. Lot 9 DP 23271 and Lot A DP 398972 do not have frontage to View Street. 16 View Street is made up of four allotments, with a combined area of approximately 4400m2. Lots 6 and 7 are frontage allotments and currently accommodate a single dwelling house which is built over the common boundary of those allotments. Lot A and Lot 9 are essentially ‘landlocked’ except for the fact that they are in common ownership. A Right-of-Carriageway is proposed over Lot 7 to provide formal and legal access to the two allotments (Lot A and Lot 9) which form the rear of 16 View Street. View Street contains a sealed carriageway with grassed and gravel shoulders and table drains.

Subject Site

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Lot A currently accomodates a single storey cottage, known as

‘Nardi’, a swimming pool, tennis court, minor ancillary structures and an established garden comprising native and exotic plantings. Lot 9 forms part of the existing garden area. The site is bound by residential development to the east and west with vacant Crown land to the south and a vacant allotment to the north, which adjoins Hope Street. The site generally slopes to the south.

Proposal

The applicant seeks Development Consent to relocate from the site the existing cottage (‘Nardi’) and construct seven (7) units. The proposed residential flat development comprises three separate buildings. Building 1 would contain Units 1 and 2, being single storey, three bedroom units. Building 2 would contain Units 3, 4 and 5, being single storey, two bedrooms units. Building 3 would contain Units 6 and 7, being two storey, three bedroom units. All private open space for the units is proposed along the eastern boundary of the site with the driveway servicing individual allotments located along the western boundary. The existing tennis court will be removed and replaced as a 20 metre deep Fire Protection Zone. The existing gazebo is proposed to be relocated to a common open space area located between Unit 5 and 6. The submitted plans also indicate the removal of 29 trees along with sections of the established garden. The Right-of-Carriageway to provide formal access to Lot A and Lot 9 is proposed along the southern boundary of Lot 7. This is proposed to be a minimum of 3 metres wide with a passing bay at the front of the allotment and another mid-way along the driveway. The submitted plans are provided at Attachment A.

Development controls Zoning – • Local Environmental Plan No. 4 - part 2(c1) Residential

and part 2(a1) Residential • Draft Local Environmental Plan 1997 – Village

Development Control Plan –

• DCP 10: Blue Mountains Character Guidelines • DCP 26: Building in Bushfire Prone Areas • DCP 29: Carparking • DCP 34: Energy Efficient Residential Development

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Regional Environmental Plan -

• Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

State Environmental Planning Policy -

• State Environmental Planning Policy No. 1 – Development Standards

Notification

The application was advertised for a period of 28 days, from 16.1.2002 until 12.2.2002, in the Blue Mountains Gazette as well as by written notification to adjoining and nearby properties. Amended plans were later received by Council and which were subsequently placed on exhibition for the period 3.4.2002 until 30.4.2002. All submissions received up until the preparation of this report were considered. At the conclusion of this period, ninety-nine (99) written submissions had been received, seven (7) of which supported the proposal while the remaining ninety two (97) submissions raised objections to the proposal. There was also one petition containing a total of nine (9) signatures. The issues raised in submissions objecting to the proposal can be summarised as follows;

• Loss and impact on heritage/historical significance. • Bushfire threat • Vegetation loss • Impact on amenity • Impact on character of View Street • Impact on View Street due to traffic and access • Impacts of increased stormwater from hardstand areas • Overdevelopment of the site • Zoning appropriateness • Blaxland Core Village Planning workshop.

Issues

The following issues have been identified;

• Statutory considerations • Access and Traffic • Bushfire • Character and Heritage • Resident Issues

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Discussion of Issues The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 (as amended), in particular the Section 79C Matters for Consideration. The following is considered relevant to the identified issues. 1. Statutory Considerations (i) Local Environmental Plan No. 4 Permissibility The subject site is made up of four separate allotments. Lot A DP 398972 is zoned 2(c1) Residential and Lots 6, 7 and 9 DP 23271 are zoned 2(a1) Residential under the provisions of Local Environmental Plan No. 4. The proposed development of Lot A for the purpose of a residential flat building is permissible with development consent. The extension of the proposed development onto Lot 9, 2(a1) Residential zoned land, is permissible with consent only under the provisions of Clause 59A of LEP 4 which states: “59A (1) This clause applies to land which is within 10 metres of a boundary between any 2

zones. (2) Subject to subclause (3), development may, with the consent of the council, be carried

out on land to which this clause applies for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3) The council shall not consent to the carrying out of development referred to in

subclause (2) unless the carrying out of the development is desirable, in the opinion of council, due to planning, design, ownership, servicing or similar requirements relating to the development of land to which this plan applies”.

The documentation originally submitted with the application provided the following to support the use of the Clause 59A provisions: “…it is our Client’s wish to incorporate the 2(a1) portion of the site (196m2) under clause 59A subclause 3 of LEP 4 for use as visitor parking and landscaping for the proposed development. No building is proposed on this portion of the site”. Later supporting documentation submitted by the application states, in this regard: “It is not our intention to carry out development on the adjoining differently zoned portion of land. It is our intention to consolidate this portion of land (Lot 9) with Lot A”. Notwithstanding the applicants intention to consolidate the subject allotments, Lot 9, according to the submitted plans, will accommodate the private courtyard of Proposed Unit 7, a visitor parking space, common pedestrian access for the unit development and associated landscaping. It is clear from the plans that development is in fact proposed on Lot 9.

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The applicant has therefore failed to demonstrate that the use of the provisions of Clause 59A should be supported in this case. It is considered that the development of the Residential 2(a1) zoned Lot 9 for the purpose of a residential flat development is not desirable given the nature of the 2(a1) zone as a low density residential precinct and the resultant site disturbance associated with such a proposal given the proximity of adjoining low density residential development and the character of the area. Compliance Table The provisions of LEP 4 as they relate to the subject application have also been cons idered and are summarised in the following Table: Clause Standard Proposed Compliance cl.16 Residential Flat

Building erected in 2(c1) zone: Single storey – requires area of not less than 700m2, depth min. 28m & width at building alignment min. 20m. Two storey – requires area not less than 1000m2, depth min. 30.5m & width at building alignment min. 21.5m.

• Proposal involves a combination of single and two storey units, therefore minimum site area required is 1000m2. Lot A has an area of 2621.8m2 (by survey).

• Lot A has dimensions 25.3 metres x 103.63m. The

provisions of Clause 16 do not provide for development arising from a situation such as this, whereby the allotment is ‘land-locked’ with no street frontage or formal access. Therefore strict application of the Clause 16(b)(iii) provisions could be argued to be irrelevant in the circumstances of this case, as there is no front building alignment.

• The depth of the allotment, measured as the western

boundary of Lot A is 103.63m.

Yes Yes

cl.17(b) Maximum building height – 2 storeys

Maximum two storeys Yes

cl.18 Provision of reticulated water and sewer available

Subject site currently has reticulated water and sewer services. A referral to Sydney Water Corporation raised no objections to the proposal.

Yes

cl.19 Min. site area per dwelling – 260m2 Min. landscaped area per dwelling – 120m2

7 units x 260m2 = 1820m2 required. Lot A provides 2621.8m2. 7 units x 120m2 = 840m2 required. Lot A provides approximately 905m2.

Yes Yes

cl.20 Parking spaces to be provided at the rate of: 1.75 spaces per dwelling

7 x 1.75 = 12.25 required. Rounded up to 13 spaces for practicality. Provided = 12 spaces

SEPP 1 provided. Discussed separately.

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Clause Standard Proposed Compliance cl.42 Spread of fire The proposal generally complies with the Building Code of

Australia and measures can be incorporated into the design to ensure the fire safety provisions of such are satisfied. A Fire Protection Zone 20 metres deep is provided between the proposed development and the southern boundary adjoining bushland, which is considered to be satisfactory.

Satisfactory

cl.42 Risk of subsidence, slip or flooding

No such hazards have been identified as affecting the subject site.

Satisfactory

cl.42 Affect on environmental heritage within the meaning of Cl 58

The subject site does not contain a heritage item nor is it within a Heritage Conservation Area under the provisions of Clause 58. The site has however been identified as containing historical/heritage significance.

Heritage impacts discussed separately.

cl.42 Height of any building in locality

9 Hope St to east – single storey 5 Hope St to north – vacant 18 View Street to west – single storey 14-16 View St to west (Lot 6) – single storey 12 View Street to west – single storey 10 View St to west – single storey Majority of proposed units are single storey which is in keeping with the locality. Rear two units (6&7) are two storey and overlook dwelling at 9 Hope Street. Amended plans submitted to increase separation distance to 6m, which now complies with Council’s Performance Standards for Multiple Residential Development.

Consistent

cl.42 Preservation of visual amenity of the locality

Plans indicate 29 trees to be removed and established gardens/undergrowth. Removal of significant canopy trees is considered to impact on the skyline of the locality. Units will be more visible from the adjoining properties at 10 and 12 View Street and 7 and 9 Hope Street.

Visual amenity impacts discussed separately.

cl.42 Access to public road

Access from the units is via a proposed Right-of-Carriageway over Lot 7. Physical access from a public road is therefore available.

Yes- Impacts of access arrangement discussed separately.

The proposed development does not comply with the provisions of Clause 20 of LEP 4 in terms of the provision of carparking spaces for residential flat development. Clause 20 requires the provision of 12.25 car spaces for the seven unit development, which for practicality reasons is rounded up to 13 spaces. A total of 12 spaces are proposed for the development. The applicant has submitted an objection to this development standard under the provisions of State Environmental Planning Policy No. 1 and offers the following in support of the variation:

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“In accordance with State Environmental Planning Policy No. 1 application for variation to Clause 20(1)(a) – parking of LEP 4 is sought for the above mentioned Development. We feel that strict compliance with Clause 20(1) a of LEP is unreasonable and unnecessary due to the fact that Council’s DCP 29 was adopted and has been in use since 21 October 1998 and therefore better reflects Council’s current policy/thinking of the provision of parking for this and every other type of development within the area”.

DCP 29: Carparking requires parking spaces to be provided at the rate of 1 space per dwelling less than 125m2 gross floor area, 2 spaces per dwelling greater than 125m2 and 1 visitor space per 5 dwellings. The subject proposal therefore requires a total of 10 resident spaces (for 3 units greater than 125m2 and four less than 125m2) and 2 visitor spaces (for 7 units x 0.2 spaces = 1.4 spaces rounded up to 2 spaces). The proposal complies with the provisions of DCP 29 in this regard.

It is acknowledged that there exists an inconsistency between LEP 4 and DCP 29 in terms of the carparking provisions required for residential flat development. The provisions of SEPP 1 require demonstration that a particular development standard is unreasonable and unnecessary in the circumstances of a particular case and that the objectives of the standard and the zone have been achieved.

The applicants submission is based on the inconsistency between the documents, and does not address the objectives of the standard, which are considered to be providing safe, accessible and practical provision of onsite parking facilities for the subject development. Considering the narrow width of View Street and the constraints highlighted in terms of servicing the existing residential development in View Street along with the proposed unit development, relying on on-street parking to compensate for the parking deficiencies onsite is not considered to be appropriate or acceptable in the circumstances of this case. The SEPP 1 objection is not considered to be well founded and therefore cannot be supported.

Draft Local Environmental Plan 1997 The subject site is proposed to be zoned Village under the provisions of Draft Local Environmental Plan 1997. Residential flat development, defined as ‘Multi Unit Housing’ under DLEP 1997 would be permissible with consent under that Plan. The proposal could be construed as achieving the objectives of the Village zone in increasing living densities. The proposal is also consistent with the building height requirements specified in Clause 18.

Sydney Regional Environmental Plan No. 20: Hawkesbury Nepean River

The subject site is located within the Glenbrook Creek/Erskine Creek subcatchment under the provisions of SREP 20. In assessing this application, the general and specific planning considerations as set out in Clause 5 and 6 of SREP 20 have been addressed and the proposal is considered to be consistent with the aims and strategies of the SREP particularly given that:

• Adequate opportunity exists for stormwater to be detained onsite and discharged in accordance with Councils requirements, to replicate the existing drainage regime. This system of stormwater disposal is considered to cause minimal impact on the environment or catchment.

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• The site is capable of being connected and serviced by the existing reticulated sewer

system. • Adequate erosion and sedimentation controls are capable of being incorporated into

the development, if approved, to minimise downstream and off site impacts. Development Control Plan No. 34: Energy Efficient Residential Development. DCP 34 requires multi unit residential buildings to achieve a minimum 3.5 star NatHERS or equivalent rating. The subject buildings achieve between 3.5 and 4.5 stars, and therefore comply with the provisions of the DCP. 2. Access and traffic Access to the site is available from the existing 5 metre wide sealed View Street carriageway. A Right-of-Carriageway is proposed over Lot 7 to the rear of the site. It is acknowledged that access to the existing cottage ‘Nardi’ exists, however formal access, in the form of a right-of-carriageway or access handle does not. The provision of a right-of-carriageway would formalise the current access arrangements. It is relevant, when assessing the impact of the proposal in terms of access and traffic, to have an understanding of the history of the site. Lot A was originally part of Lot 24 which extended from Hope Street to the Crown land to the south of the subject allotment. A subdivision in 1951 created Lot A as a ‘land locked’ parcel. The subdivision plan creating Lot A contains a notation that it was intended to consolidate Lot A with adjoining Lots 7 and 9. For reasons unknown, this consolidation was never carried out and hence the situation exists whereby formal access to Lot A does not exist. The proposal, as stated previously, plans for provide access for the seven units to View Street, over Lot 7. Whilst a driveway currently exists to service the dwelling house on Lot 6 and 7 and also the cottage at the rear on Lot A, the proposal to increase the density of the site to accommodate seven units is considered to have a notable effect on the functioning of View Street. View Street currently provides access to 16 dwellings. AMCORD, which is a national resource document for residential development which presents current best practice, and Council’s DCP 27 and 31 would classify this part of View Street as currently being an Access Street. Access Streets are generally suitable to access a maximum of 20 dwellings. The additional dwellings in the proposed development would result in View Street south of Hope Street in being reclassified as a Local Street. Local Streets are generally suitable to access a maximum of 200 dwellings, and require sealed carriageways ranging from 5.5m to 7m in width. The proposed development would result in traffic very much at the lower end of the Local Street scale, and a seal width of 5.5m would considered adequate.

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In engineering terms, road widening of the length of View Street is feasible however the impact on the character of the locality as a result of altering the nature of the street raises concern. Further, in order to provide adequate access for the waste collection vehicle and to accommodate access for emergency services and the like, a 14 metre diameter turning facility is proposed in front of 16 View Street. This further impacts on the nature of the streetscape of View Street. The location of the proposed right-of-carriageway/driveway along the southern boundary of Lot 7 is also considered to adversely impact on the streetscape and character of the locality, as the construction of the driveway would result in the loss of vegetation along this boundary. The proposed location of the driveway is considered to be dictated by a separate development proposal (X02/0135 for 4 SEPP 5 units on the frontage lots of 16 View Street, being Lot 6 and 7) whereby access to the SEPP 5 development will share the driveway proposed under this application. The combined impacts associated with providing access to the proposed development via View Street and increasing the capacity of the street is considered to be unacceptable, given the nature of the 2(a1) Residential zone, which is not designed to accommodate the impacts of medium density development. 3. Impact on 2(a1) Residential locality of View Street Significant concern was raised in submissions regarding the impact of the seven units utilising View Street for vehicular access, emergency access and the provision of services, in particular waste services. It is contended that the nature of View Street is not suitable nor designated to cater for the impacts of medium density development as would be generated by the proposed development. Lot A DP 398972 was first zoned Residential 2(c1) upon the exhibition of the Blue Mountains Planning Scheme in August 1973. According to historic Planning Scheme maps, the zoning of the Lots 3-9 in DP 23271 (inclusive) were also zoned Residential 2(c1) until the zoning was changed to Residential 2(a1) in June 1977. Council records appear to be unclear as to the reasons for the change of zoning, though Council reports from that year indicate that the amendment appears to have been adopted as a response to concerns about the character of development in the area, concerns that the condition of View Street would not be able to cater for the additional traffic loadings that development would produce and as a result of concerns raised by residents. As mentioned previously, the nature of the 2(a1) Residential zone is to accommodate low density residential development, typically consisting of single dwellings on single allotments. Local Environmental Plan No. 4 is an example of the older style planning instruments whereby specific zone objectives are not stipulated, however the objectives are easily ascertained when considering the type of land uses permissible in that zone. In this regard, burdening View Street with the impacts of medium density development of the scale proposed in this application is not considered to be appropriate.

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Given the site constraints, particularly related to the history of the site in terms of subdivision, zoning and access, it is considered appropriate to reconsider the zoning of Lot A in terms of the surrounding locality and the nature of the site. This could be considered as part of the DLEP 2002 process. 4. Bushfire Lot A and Lot 9 are considered to have a ‘high’ bushfire hazard. As such an officer from the Blue Mountains Rural Fire Service has reviewed the proposal and provided the following comments: “The fire potential rating to this site is calculated as being in the ‘high’ bushfire risk category. In arriving at the risk rating, matters taken into account are slope, aspect, size of adjoining bushland fuel loadings, and any protection benefits gained from nearby housing development. With this particular site the risk factor will however, remain static as there is no potential for further development to the southern elevation. This being the case, it will be necessary to ensure fire protection measures are put in place within the parcel of land being developed. There will be need to provide for a fire protection zone to the southern side of the dwelling and as such, will need to be maintained on a regular basis. This zone should average 20m in depth and would radiate outwards from the buildings. Such a zone would be made up of a 10m fuel free zone (FFZ) and a 10m fuel reduced zone (FRZ)…” The submitted plans indicate the provision of a 20 metre wide Fire Protection Zone between proposed Building 3 and the southern boundary of Lot A. This Fire Protection Zone will replace the existing tennis court. The depth of the protection zone complies with the requirements raised by the RFS Officer. Refusal of the application based on the threat of bushfire is not considered to be warranted, however the removal of the tennis court, which has been identified as being part of the historical significance of the site, as will be discussed later in this report, is significant. 5. Character and Heritage (i) Impacts of the proposal on the character of the area. Development Control Plan No. 10: Blue Mountains Character Guidelines focuses on ensuring new development is integrated, both in design and location, into the natural and established setting of a locality. The character of this particular section of View Street can best be described as a low density residential precinct surrounded by natural bushland and accented by cottages in a bushland setting. Submissions received in relation to this proposal raised concerns as to the impact of development on the character of the area and made reference to the Blaxland Village Planning Workshop that was held in mid 2001 to gauge the community’s perceptions of the character of the locality and outline desires for the future of the Blaxland Village area. The outcomes of this meeting were a summary of those desires, and are being included in Council’s proposed Draft LEP 2002.

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This instrument however has yet to be publicly exhibited and no statutory weight can be placed on the Workshop outcomes. The significance of these meetings in describing the locality as a ‘Wooded residential hillside: bushland cottages’ is noted however. View Street has a narrow sealed carriageway and is a ‘No Through’ road, the road eventually forming a private driveway at the southern end of the street. The majority of dwellings in View Street, south of the intersection of Hope Street, are single storey dwellings, generally setback 8 metres or greater from View Street and set in established gardens which incorporate elements of the surrounding bushland. As discussed previously in this Report, the impact on the character of the locality as a result of required road widening, provision of a turning facility to accommodate waste and emergency services vehicles, and the loss of vegetation on the site which is considered to impact on the skyline of the locality, are all aspects which are considered to alter the character of the locality. (ii) Historical/heritage value of the existing dwelling on Lot A and the landscape setting

of the whole site. The application proposes relocation of the cottage known as ‘Nardi’, the demolition and removal of all other structures on Lot A (with the exception of the gazebo which is to be integrated into the common open space for use by residents) and the removal of a significant percentage of the vegetation on the site, particularly Lot A but also along the southern boundary of Lot 7. A number of submissions suggested that the cottage ‘Nardi’ is of historical and heritage significance to the Blaxland area, and that relocation of the cottage and major disturbance of the landscaped setting in which it is now located, would be detrimental to the site and significance of the area. Neither the existing cottage nor the site is listed in Council’s current Heritage Register. The site does not adjoin any existing Heritage Items and does not fall within a Heritage Conservation Area. Council is currently in the process of assessing sites for potential inclusion on Council’s Heritage Inventory under proposed DLEP 2002. Council has recently engaged consultants to complete the inventory for Springwood, Hazelbrook and Blaxland. These consultants have now provided a review of the site and have concluded that the site forms a significant part of the local history of the locality, having been part of the Hargrave-Calver Group of Houses and Gardens. Their recommendation is that the property should be the subject of an Interim Heritage Order pending further investigation of the significance of the properties. Council at its meeting of 28 May 2002 considered an application for a 1 into 2 lot subdivision of the adjoining property at 18 View Street. 18 View Street also forms part of the so-called Hargrave-Calver Group of Houses and Gardens. Council resolved to refuse the application and made a further resolution to make application to the Heritage Office for the placement of an Interim Heritage Order (IHO) over the site (being Lots 6, 7, 8, 9 DP 23271 and Lot A DP 398972). Such an application has now been made to the Heritage Office.

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Based on this advice it is considered inappropriate to support the application due to its impact on the heritage significance of the existing dwelling ‘Nardi’ and the surrounding landscape setting. 6. Resident Issues The majority of issues raised as a result of the community consultation process have been addressed in the preceding section of this Report, however the following comments are made in respect of the remaining issues; • Impacts of increased stormwater from hardstand areas. Comment: The development proposes onsite absorption of stormwater drainage for the interior lots (being Lot A and Lot 9). Council’s Engineer advises that this considered to be the most appropriate method of stormwater disposal as it replicates the existing drainage regime. Drainage from the driveway is to be captured and piped to the View Street gutter via an onsite detention system. The existing View Street table drain has a limited capacity, and so the discharge to View Street could be limited such that the capacity is not exceeded, or the development could carry our works to improve the capacity of the table drain. Refusal of the application based on drainage impacts is not considered to be warranted in this case. • The proposal will have an adverse impact on the amenity of the adjoining

properties. Comment: It is considered that the location of the internal driveway servicing the units within Lot A does not provide an adequate separation distance to the properties adjoining the western boundary of Lot A. Currently, the dwellings which adjoin this western boundary are screened by existing vegetation. The removal of this vegetation will increase the visual intrusiveness of the proposed development. • Impact of loss of significant vegetation. Comment: The proposed development involves the removal of a significant number of mature trees and understorey vegetation from the established gardens. The loss of vegetation, including the removal of mature Syncarpia glomulifera (Turpentines), most of which exceed 15 metres in height and are in good health, is considered to have a significant impact on the skyline of the locality and therefore the scenic quality of the site.

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Conclusion The culmination of the impacts associated with the proposed development, being the use of View Street as the sole point of access for the development and the traffic and service impacts resulting from seven units utilising View Street, the impact on the character of the locality as a result of vegetation loss, particularly canopy trees and the required road upgrading that would be essential to support such an increase in dwellings utilising View Street, along with the required relocation of a historically significant cottage, all combine to represent an unacceptable level of impact on the locality of View Street, given the low density residential nature of the locality. The proposal is therefore considered to be an overdevelopment of the site.

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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DEMOLITION OF AN EXISTING DWELLING AND ANCILLARY STRUCTURES AND THE CONSTRUCTION OF FOUR (4) UNITS UNDER THE PROVISIONS OF STATE ENVIRONMENTAL PLANNING POLICY NO. 5: HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY ON LOT 6 AND LOT 7 DP 23271, 16 VIEW STREET, BLAXLAND

FILE NO: X02/0135 Recommendation: That Development Application No. X02/0135 for the demolition of an existing dwelling and ancillary structures and the construction of four (4) units on Lot 6 and Lot 7 DP 23271, 16 View Street, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusing consent to the application for the following reasons

1. The proposal would adversely impact on a site which is considered to be of historical/heritage significance by impacting upon the landscaping setting of the curtilage of the buildings known as ‘Nardi’ on Lot A DP398972 and ‘The Den’ at Lot 8 DP 23271.

2. The proposal would adversely impact on a site which is considered to be of

historical/heritage significance by sterilising the relationship and connection between Lots 6 and 7 and the rear allotments Lot A and Lot 9.

3. The proposed development is inconsistent with the character of the

surrounding area and contrary to the provision of Clause 25 of State Environmental Planning Policy No. 5.

Report by Acting Group Manager, Health and Development: Reason for report This application is reported to Council at the request of two (2)

Councillors. The application also generated significant pub lic interest during the public consultation period.

Applicant

Aldover Holdings Pty Limited

Owner

Aldover Holdings Pty Ltd R&K McCaffrey Pty Ltd

Application lodged

4 February 2002

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Property address Lot 6 and 7, DP 23271, 16 View Street, Blaxland.

Site description

The subject site is located on the eastern side of View Street Blaxland, approximately 110 metres south from the intersection of Hope Street. The site is accessed from View Street via an existing driveway, which services the existing dwelling house and provides access to the rear of the site (Lot A and Lot 9). 16 View Street is made up of four allotments, with a combined area of approximately 4400m2 however this current application applies to the frontage Lot 6 and 7 only. Lot 6 and 7 currently accommodate a single storey dwelling house, which is built over the common boundary of those allotments. Lot A and Lot 9, the allotments to the rear of the site, are essentially ‘landlocked’ except for the fact that they are in common ownership. View Street contains a sealed carriageway with grassed and gravel shoulders and table drains. The site is bound on all sides by residential development.

Proposal The applicant seeks Development Consent to demolish the existing dwelling house and construct four (4) units under the provisions of State Environmental Planning Policy No. 5: Housing for Aged or Disabled Persons.

Subject Site

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The proposed unit configuration is as follows:

Building 1 Unit 1 – three (3) bedroom, single storey unit. Unit 2 – three (3) bedroom, two storey unit.

Building 2 Unit 3 – three (3) bedroom, two storey unit. Unit 4 – three (3) bedroom, single storey unit. The proposal also involves the creation and construction of a driveway along the full length of the southern boundary of Lot 7 which will provide a right-of-carriageway to the rear of the site, which incorporates Lot A and Lot 9. A copy of the submitted plans are provided as Attachment A.

Development controls Zoning – • Local Environmental Plan No. 4 – Residential 2(a1) • Draft Local Environmental Plan 1997 – Village

Development Control Plan –

• DCP 10: Blue Mountains Character Guidelines • DCP 26: Building in Bushfire Prone Areas • DCP 34: Energy Efficiency for Residential Development • DCP 38: Housing for Older People and People with a

Disability. Regional Environmental Plan –

• Sydney Regional Environmental Planning Policy No. 20 – Hawkesbury Nepean River

State Environmental Planning Policy –

• State Environmental Planning Policy No. 5 – Housing for Older People and People with a Disability.

Notification

The application was advertised for a period of twenty eight (28) days, from 13.2.2002 until 12.3.2002, in the Blue Mountains Gazette as well as by written notification to adjoining and nearby properties. Amended plans were later received by Council were subsequently placed on exhibition for the period of 28 days from 3.4.2002 until 30.4.2002. All submissions received up until the preparation of this report were considered. At the conclusion of this period, 101 submissions had been received, sixteen (16) of which supported the proposal while the remaining eighty-five (85) raised objections to the proposal. There was also one petition containing a total of 7 signatures.

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The issues raised in submissions objecting to the proposal can be

summarised as follows: • Bushfire threat • Impact on character of View Street • Capacity of View Street to cater for increase in traffic • Lack of pedestrian facilities in View Street • Impacts of stormwater drainage from site. • Access to services and facilities, particularly crossing

Hope Street. Issues

The following issues have been identified;

• Statutory considerations • Design and character • Access and Traffic • Heritage • Resident Issues

These matters are addressed in the body of this Report.

Discussion of Issues 1. Statutory Considerations The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) and for compliance with SEPP 5, Development Control Plan 38 – Housing for Polder People and People with a Disability (DCP 38), Development Control Plan 34 – Energy Efficiency for Residential Development (DCP 34), Development Control Plan 26 – Building in Bushfire Prone Areas (DCP 26) and Development Control Plan No. 10 – Blue Mountains Character Guidelines (DCP 10). Pursuant to Clause 5 of SEPP 5, this instrument prevails over any other environmental planning instrument to the extent of any inconsistency, with the exception of land identified as environmentally sensitive. Therefore, as the site is zoned Residential 2(a1), SEPP 5 is the primary instrument to be considered by Council with respect to this development. The provisions of the SEPP relate to services, location and design matters. In terms of location and services, considerations include proximity/access to, and availability of appropriate commercial facilities, support services and transport facilities. Site specific matters include the design of the development, landscaping, disabled access facilities, amenity of residential and stormwater disposal.

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Compliance Table: The following Tables demonstrate compliance or otherwise of the application with the provisions of SEPP No. 5 and Development Control Plan No. 38.

SEPP 5

Clause Standard Proposed Compliance

Location and access to affordable facilities and support services Cl. 12(1)

Location in relation to the above Cl. 12(2)

Provision of written evidence that residents will have access to:

(a) shops, banks and other retail and commercial services the residents may reasonably require, and

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

The applicant maintains that all facilities are available to residents (i.e. persons over 55 years of age) at the Blaxland village centre, approximately 380 metres away. It is considered that the Blaxland village centre provides a satisfactory level of services and facilities for future residents, including chemist, bakery, butcher, supermarket, credit union, fruit shop and hairdresser. Doctors surgery is located in Hope Street. A survey of the gradients along the length of View Street south of the intersection with Hope Street has been provided by the applicant. A gradient of 1: 14 can generally be achieved. Some sections which exceed this gradient are anticipated to be capable of being engineered to comply with the maximum specified 1:8 gradient. It is considered that an adequate design for the pedestrian footpath which incorporates rest stops and minimises grades is achievable. Further, should such an application be approved, appropriate conditions could be reasonably imposed to provide safe crossing facilities at the Hope Street intersection, which may include a restriction of street parking in Hope Street to allow adequate sight distance.

Yes

Could be conditioned.

Water and sewerage

Cl. 12(4)

Development is to be connected to reticulated water system and is to have adequate facilities for disposal of sewage.

The development will be connected to reticulated sewer and water services.

Yes

Building Height

Cl. 13(1)

Where development is proposed in a residential zone where residential flat buildings are not permitted, the height of all buildings must be less than 8 metres and must not be more than 2 storey.

The proposed development is a maximum of 2 storeys and less than 8 metres.

Yes

Site frontage Cl. 13(3)

Minimum 15.0 metres wide. 31.54 metres wide. Yes

Wheelchair access

Cl. 13 A(2)(a)

Where site has gradient of less than 1:10 (as for this site), then 100% of dwellings are to have wheelchair access by a continuous path of travel to an adjoining road or driveway.

All units achieve access via the pathway or the driveway.

Yes

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SEPP 5


Road access

Cl. 13A(2)(b)

10% of dwellings to have wheelchair access by a continuous path of travel to an adjoining public road.

All units achieve access to the adjoining public road.

Yes

Adaptability

Cl. 13A(2)(d)

10% of the dwellings at 2(a) above are to be capable of modification to ensure internal wheelchair access to all essential areas and facilities inside the dwellings, including toilet, bathroom, bedroom and a living area.

The applicant states that all units are capable of modification.

Yes

Pathway lighting Cl. 13A(4)

Must be positioned at low height and 50 lux at ground level.


Letter boxes Cl. 13A(5)

Must be lockable, located centrally adjacent to the street entry and on hard stand area with wheelchair access.

Would be provided near the driveway entrance.


Car Parking (Design)

Cl. 13A(6)

§ Must measure 6 x 3.2 metres. § Have 2.5 metres clearance. § Garage doors must be capable of

being power operated.

Dimension of car spaces complies. Internal clearance not clear from plans.

To ensure internal clearance, could be conditioned.

Accessible entry

Cl. 13A(7)

§ Must not have a slope that exceeds 1:40.

§ Must comply with Clauses 4.3.1 and 4.3.2 of AS 4299 and have an entry door handle and other hardware in compliance with AS 1428.

All dwellings are provided with an accessible entry and conditions of consent could be imposed to ensure compliance with the AS in terms of door handle and other hardware.


External doors Cl. 13A(8)

Must be keyed alike. To be provided in compliance. Yes

Interior spaces

Living and dining rooms, kitchen, main bedroom, bathroom, toilet, access, laundry, storage, doors, surface finishes, ancillary items and garbage.

Cl. 13A(9) to (21)

The SEPP contains numerous specific requirements for the design and size of rooms and facilities.

The submitted plans indicate compliance with the majority of the requirements of this clause, however where details have not been provided, a development consent could be approp riately conditioned to ensure compliance.


Building height Cl. 14(a)

Maximum height of buildings not to exceed 8.0 metres

Approximately 7 metres Yes

Density and scale Cl. 14(b)

Maximum floor space ratio not to exceed 0.5:1.

Approximately 0.35:1. Yes

Landscaped area

Cl. 14(c)

Minimum of 35m2 of landscaping per dwelling =4 x 35 - 140m2

Approximately 650m2 of landscaped area is proposed.

Yes

Parking (Number)

Cl. 14(d)

0.5 spaces for each bedrooms in the development = 0.5 x 12 = 6 spaces

Six (6) car spaces in total. Yes

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SEPP 5


Landscaping Cl. 14(f)

Minimum area/s (preferably located to the rear of the site) equivalent to width of the site multiplied by 15% of the length of the site, having a depth of soil sufficient to support the growth of trees and shrubs – 31.54 x (15% x 50.595) = 239m2.

Approximately 293m2 comprising the front setback to View Street, the area between Proposed Unit 4 and the driveway and the area designated as the common open space area surrounding the Turpentine adjacent to Proposed Unit 3.

Yes

Private open space for infill housing Cl. 14(g)

Minimum of 15m2 of private open space per dwelling measuring at least 3 metres x 3 metres.

All units are provided with considerably more area than the minimum requirement. All private open space areas are provided with a verandah of adequate size.

Yes

Site analysis

Cl. 24

Council is required to consider a site analysis prepared with respect to the development.

Site analysis prepared and submitted. Yes

Streetscape

Cl. 25(a)

The proposal is to contribute to an attractive residential environment with clear character and identity.

The design and character of the development is not reflective of the existing low density nature of the locality, particularly considering the two storey nature of the proposal. This issue is discussed further in this Report.

Proposal not acceptable.

Visual and acoustic privacy Cl. 25(b)

The prop osed development should, where practicable, consider the visual and acoustic privacy of neighbours.

Appropriate setbacks have been provided to adjoining allotments.

Satisfactory

Solar access and design for climate

Clause 25(c)

The proposed development should:

• provide adequate daylight to main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and

• involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation, solar heating and lighting.

The shadow diagrams submitted with the application indicate that the north facing private open space areas and living areas of the proposed development receive ample solar access through the day. The location and orientation of the development also maintains adequate solar access to adjoining allotments.

The proposal complies with the requirement for a 3.5 star NatHERS energy rating as required by Development Control Plan No. 34.

Yes

Stormwater Clause 25(d)

The development should control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters.

The proposal includes provisions for onsite detention. Any Consent could be conditioned to require a detailed design to ensure that pre development flows are retained.

Whilst it is acknowledged that View Street table drain has a limited capacity, discharge to View Street could be limited such that the capacity is not exceeded, or the development could carry out works to improve the capacity of the table drain.

Yes

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SEPP 5


Crime Prevention

Cl. 25(e)

The design should allow for casual surveillance.

The proposal is satisfactory in this regard.

Yes

Accessibility

Cl. 25(f)

To provide convenient, obvious and safe pedestrian, bicycle and motorist links.

The development has a clear and logical layout and links.

Yes

Sydney Regional Environmental Plan No. 20: Hawkesbury Nepean River The subject site is located within the Glenbrook Creek/Erskine Creek subcatchment under the provisions of SREP 20. In assessing this application, the general and specific planning consideration as set out in Clause 5 and 6 of SREP 20 have been addressed and the proposal is considered to be consistent with the aims and strategies of the SREP particularly given that;

• Adequate opportunity exists for stormwater to be detained onsite and discharged in accordance with Councils requirements, to Councils stormwater system, with minimal impact on the environment or catchment.

• The site is capable of being connected and serviced by the existing reticulated sewer system.

• Adequate erosion and sedimentation controls are capable of being incorporated into the development, if approved, to minimise downstream and off site impacts.

Development Control Plan No. 34: Energy Efficient Residential Development DCP 34 requires multi unit residential buildings to achieve a minimum 3.5 star NatHERS or equivalent rating. The subject buildings achieve between 4.5 and 5 stars, and therefore comply with the provisions of the DCP. 2. Design and Character Clause 25 of SEPP 5 specifies that adequate regard must be given to maintaining the neighbourhood amenity and streetscape of the locality in which SEPP 5 developments are proposed. The guidelines published by planningNSW titled “Housing for older people and people with a disability in your community: A guide for councils and applicants” suggests that SEPP 5 housing should seek to retain mature trees and areas to plant mature trees, maximise permeable surfaces across the site, provide setbacks in sympathy with but not necessarily the same as building setbacks in the street, maintain front yard and street vegetation patterns, provide a high level of visual privacy by orienting building in the same way as neighbouring buildings and aim to provide a good level of privacy, amenity and maintenance of the streetscape character.

Significant concern was raised in submissions regarding the impact of the SEPP 5 development on the character of View Street. Having assessed the proposal in accordance with the provisions of Clause 25, it is considered that the proposal achieves some of the design principles of that Clause, however the proposed two storey component of the development (Proposed Unit 2 and 3) is not considered to maintain an appropriate residential character by adopting building heights that are compatible in scale with adjacent development.

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The adjoining residential dwellings at 12 and 18 View Street are single storey dwelling houses. The proposed development occupies 63% of the frontage width of the subject site and proposes a maximum building height of approximately 7 metres. Whilst the proposed complies with the maximum building height requirements of SEPP 5, the proposed design is not considered to be consistent with the existing character of other residential development within the immediate vicinity.

The application as originally submitted proposed single storey units. These plans were subsequently amended as a result of concerns raised by Council officers regarding the loss of significant and mature vegetation on the site and the expressed benefit of incorporating such vegetation into the development to maintain the character and scenic quality of the site and locality. It is considered that a design incorporating fewer units and which is sympathetic to the existing site characteristics, including maximising the retention of significant vegetation on the site, would be more appropriate in terms of achieving the provisions of Clause 25 of SEPP 5.

3. Access and Traffic Access to the subject site is available from the existing 5 metre wide sealed View Street carriageway. View Street currently provides access to 16 dwellings. AMCORD and Councils DCP 27 and 31 would classify this part of View Street as currently being an Access Street. Access Streets are generally suitable to access a maximum of 20 dwellings. The additional dwellings in the proposed development would result in View Street operating at its maximum capacity, however reclassifying this section of View Street to a Local Street is not considered to be warranted for the proposed additional four units.

Pedestrian access is also a significant consideration in SEPP 5 developments. Currently there are no formed pedestrian facilities along this section of View Street. The applicant proposes to construct a concrete footpath for the entire length of this section of View Street, from the intersection of Hope Street to and including the subject site frontage. The provision of a pedestrian footpath in this vicinity would be of benefit to the future residents of the proposed development and also for the residents in View Street generally.

Providing services however to the subject site is a concern, particularly in relation to the provision of waste collection services to the subject site. Currently the waste collection vehicle must reverse in sections of View Street as turning in this No Through Road is not possible. In order to provide adequate access for the waste collection vehicle and to accommodate access for emergency services and the like, a 14 metre diameter turning facility is proposed in front of 16 View Street. This is considered to impact on the nature of the streetscape of View Street.

Further, the location of the proposed right-of-carriageway/driveway along the southern boundary of Lot 7 is also considered to adversely impact on the streetscape and character of the locality, as the construction of the driveway would result in the loss of vegetation along this boundary. The proposed driveway, located to service both this development and a separate development proposal (X02/0015 for seven units at the rear of 16 View Street), is not considered to be the most appropriate if locations, given the proximity of adjoining residential development at 18 View Street and the loss of vegetation which currently contributes to the character of the site and has a direct impact on the streetscape.

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It is considered that the combined impacts associated with providing access to the proposed development for waste collection vehicles and the proposed location of access to the development site adversely impacts on the nature and character of the streetscape.

5. Heritage Whilst the subject site is not listed on Council’s Heritage Register as a Heritage item or within a Heritage Conservation Area, the subject site (including the rear allotments Lot A and Lot 9, along with the adjoining Lot 8 DP 23271) has been identified as having historical and heritage significance. Council is currently in the process of assessing sites for potential inclusion on Council’s Heritage Inventory under proposed DLEP 2002. Council has recently engaged consultants to complete the inventory for Springwood, Hazelbrook and Blaxland. These consultants have now provided a review of the site and have concluded that the site forms a significant part of the local history of the locality, having been part of the Hargrave-Calver Group of Houses and Gardens. Their recommendation is that the property should be the subject of an Interim Heritage Order pending further investigation of the significance of the properties. Council at its meeting of 28 May 2002 considered an application for a 1 into 2 lot subdivision of the adjoining property at 18 View Street. 18 View Street also forms part of the so-called Hargrave-Calver Group of Houses and Gardens. Council resolved to refuse the application and made a further resolution to make application to the Heritage Office for the placement of an Interim Heritage Order (IHO) over the site (being Lots 6, 7, 8, 9 DP 23271 and Lot A DP 398972). Such an application has now been made to the Heritage Office. Based on this advice it is considered inappropriate to support the application due to its impact on the curtilage of the building ‘Nardi’ and ‘The Den’ and the impact on the garden setting of such. 6. Resident Issues The majority of issues raised as a result of the community consultation process have been addressed in the preceding sections of this Report, however the following comments are made in respect of the remaining issues; • Potential bushfire threat and request for the site to be listed in Council LEP as a

High Bushfire Prone Area. Comment: Considerable concern was raised in submissions regarding bushfire threat and the hazard rating of the subject site. Reference was also made to Schedule 1 of SEPP 5 which lists descriptions of environmentally sensitive land which is exempt to the provisions of SEPP 5. Land identified as having a high bushfire hazard is listed as environmentally sensitive land. However, in order for land which has a high bushfire hazard to be exempt from the provisions of SEPP 5, such land must be identified in Councils Local Environmental Plan. Blue Mountains City Council has not mapped or included such land in its Local Environmental Plans as other methods of assessment and protection of bushfire prone areas are utilised, which includes assessment by the Blue Mountains Rural Fire Service.

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As part of the assessment of this application, the proposal was referred to an Officer of the Blue Mountains Rural Fire Service and the following assessment was made: “The purpose of this assessment is to determine if the proposed development is classified as being in “High” bushfire hazard area and what fire protection requirements would be required……….In arriving at the fire hazard rating, matters taken into account are slope, aspect, size of adjoining bushland, fuel loadings and where protection benefits might be gained from nearby housing development. It is important to determine precisely where bushland adjoins development and as such, where a fire is likely to impact. As noted, protection benefits are gained from existing development. This relates to clearance of bushland from the site and in instances where the site will likely be maintained to a fuel free state. In this case there is a cottage of No. 18 which is situated between the proposed development and the bushland to the southern side. To the front is View Street and is fully development along the western side. To the northern and eastern sides is the main area of Blaxland Trade Centre. With an earlier proposal to further develop the southern portion of No. 16, will in fact further enhance protection measures as a 20m fire protection zone would be incorporated along the other southern perimeter. Notwithstanding the possibility that this southern portion of the allotment might not proceed in the near future, then a recreation area and tennis court (in-situ) does serve as a fire protection zone to the proposal at hand. Taking into consideration that development surrounding this site provides for fire protection advantages and thus reduces the risk hazard to more within the “medium” range – then it can be seen that it is not absolutely necessary to condition a fire protection zone to application B/135/2002” (sic X02/0135). • Impacts of increased stormwater from hardstand areas. Comment: The development proposes drainage to be directed to the View Street gutter via the proposed driveway located along the southern boundary of Lot 7. The capacity of the View Street drainage system could be improved through appropriate works and therefore refusal of the application based on drainage impacts is not considered warranted in this case. Conclusion Whilst it is acknowledged that the proposed development complies with the majority of the provisions of the SEPP 5 legislation and there is some merit in providing accommodation for older people or people with a disability in this location, given the proximity to services and facilities, it is considered that the application fails to appropriately integrate with the character of the locality.

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The bulk and scale of the two storey component of the development, the impact on the streetscape as a result of vegetation loss, particularly that associated with the location of a proposed shared driveway along the length of one boundary, and the nature of View Street as a narrow ‘No Through Road’, with its related constraints in terms of providing access particularly for support services such as waste collection and emergency services, is considered to fundamentally constrain the subject site to a point where the development in its current form is not considered to be appropriate to the locality. Further, the identified heritage constraints of the site affect the proposed development, as approval of the application would result in potentially sterilising the rear allotments and detaching a significant part of the curtilage of the site from the buildings known as ‘Nardi’. The combination is these issues represent an unacceptable level of impact on the locality of View Street, and as such the application is recommended for refusal.

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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ITEM NO: 20 SUBJECT: DEVELOPMENT APPLICATION NO. X01/1269 FOR ADDITIONS

AND ALTERATIONS TO THE DWELLING ON LOT 1 DP 226505, NO. 60 LUCASVILLE ROAD, GLENBROOK

FILE NO: X01/1269 Recommendations: 1. That Development Application No. X01/1269 for additions and alterations to the

dwelling on Lot 1 DP 226505, NO. 60 Lucasville Road, Glenbrook be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent, subject to conditions shown in Attachment 1 to this Report.

2. That Construction Certificate No. X01/1269 be issued. Report by Acting Group Manager, Health and Development: At the Ordinary Meeting of Council on 28 May 2002, it was resolved that the development application for additions to a dwelling at 60 Lucasville Road, Glenbrook be deferred for attempted mediation with the applicant and the objectors and that the matter be presented to the next meeting. Mediation was undertaken and a number of objectors’ issues were resolved. One objector would still prefer a greater reduction in roof height for the rear addition. Since the mediation, the applicant has had a Registered Surveyor check the floor and roof heights of the existing building to provide a greater level of certainty. This has also resulted in the inclusion of precise levels on the plan recommended for approval. The impact of the precise leve ls is discussed in this report. A copy of the report to the Ordinary Meeting of Council of 28 May 2002 is appended as Attachment 2 to this Report. The Mediation The matter was mediated on Tuesday evening, 4 June 2002 by CCN International at the Springwood Office of the Council. A site meeting was undertaken that same evening with one of the neighbours, the Applicant, a Council officer and the Mediator. Three neighbours representing three separate properties, the Architect, the Mediator and a Council officer were in attendance at the mediation held at Springwood Office. The invitees to the mediation included those who had made written objections or had shown an interest during the process. One invitee attended the meeting after being made aware of the report to the last meeting of Council.

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All interested parties were represented except for one who was unable to be contacted. That person made no objections to the proposal but had shown some interest by requesting information early in the process. It is considered that the proposal does not have significant impacts on that person who resides opposite the development. The Mediator’s report is summarised as follows:

• The neighbour who had not formally objected, but attended the last Council Meeting, was satisfied after an explanation of plans and a visit to the site, that the view from her property will, at worst, be only marginally affected.

• The neighbour to the east withdrew his objections on the basis that the Applicant has

agreed to a number of measures that were outlined in writing between the two parties.

• The neighbour whose view was most affected was provided with a greater degree of certainty regarding the finished height of the proposal. This is reflected in the proposed amendment to condition 3 in the recommendation. This objector would still like to see the height restricted to 400 mm below the height of the roofline of the existing dwelling, in preference to the minimum 200mm required by the proposed condition. The applicant explained that this would not allow enough tolerance in construction since the engineer has not specified the construction details.

In this regard, Condition 3 of the draft conditions included as Attachment 1 to the Report to the Council Meeting of 28 May 2002, could be amended from:

“3. To ensure that the building does not exceed the required finish floor level and ridge height and is located within the boundaries of the property, a survey report by a registered Land Surveyor must be provided to the Principal Certifying Authority prior to the work proceeding beyond:

a) Ground floor level. b) Completion of the walls and roof frame.”

to read as follows: “3. To ensure that the building does not exceed the required finish floor level and

ridge height and is located within the boundaries of the property, a survey report by a registered Land Surveyor must be provided to the Principal Certifying Authority prior to the work proceeding beyond:

a) Demolition b) Ground floor level c) Completion of the walls and roof frame The survey report shall attest to the height of the existing dwelling to

Australian Height Datum. The height of the apex of the family room/kitchen addition shall not exceed a point 200 mm below the surveyed height of the existing dwelling.”

This is incorporated within the draft conditions at Attachment 1 to this Report.

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Surveyed Levels Since the mediation, the applicant has engaged a Registered Surveyor to provide a fixed level to Australian Height Datum to establish the height of the ridge of the existing dwelling. In the process the floor level shown on the plan was also checked and found not to be accurate in terms of reference to Australian Height Datum. Amended plans have been submitted to Council showing the accurate levels and are referenced in Attachment 1, Condition No. 1. The establishment of surveyed levels shows no change to the building above the existing floor level. The new levels shown that there will be a marginal increase to the overall dimensioned height of the building of up to 500 mm, which is taken up in the subfloor. This increase is due to the discrepancy between the recently surveyed flow levels and the previous floor levels provided by the architect. The overall maximum height of the building will be 8.8 metres above natural ground level. An assessment of height and bulk of the building incorporating the correct levels has been carried out by Council officers. It is considered that there will be no significant additional impacts by the development after the establishment of surveyed levels due to the relief inherent in the design of the building and by the fact that presentation of the proposal as it relates to the existing building, is unchanged. The height of the ridge of the existing roof is now known and may be used as a verifiable reference point to govern the height of the rear portion of the building that has the greatest potential impact. Conclusion The mediation requested by Council has been undertaken and a number of the issues were resolved as a result. There is still some concern from an adjoining neighbour in relation to a loss of view although a greater level of certainty has been introduced in relation to the final height of the proposal. It is recommended that the application providing for additions to the existing dwelling be approved subject to the conditions listed in Attachment 1.

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Consent 1. Blue Mountains City Council issues its consent, subject

to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by R&J Associates numbered M-01 B dated June 2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Structural details 2. To ensure that the design is structurally sound, details prepared by a Structural Engineer are to be submitted to and approved by the Principal Certifying Authority prior to the commencement of the:

a) reinforced concrete floor slab on the ground. (Details are to make specific reference to Australian Standard 2870 and soil classification for the site.)

b) retaining walls. c) footings. d) steel beam and columns.

Certification shall refer to the appropriate codes or other criteria relied upon by the Structural Engineer.

Survey report 3. To ensure that the building does not exceed the required

finish floor level and ridge height and is located within the boundaries of the property, a survey report by a registered Land Surveyor must be provided to the Principal Certifying Authority prior to the work proceeding beyond: a) Demolition b) Ground floor level. c) Completion of the walls and roof frame. The survey report shall attest to the height of the existing dwelling to Australian Height Datum. The height of the apex of the family room/kitchen addition shall not exceed a point 200mm below the surveyed height of the existing dwelling.

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Cut and fill 4. To ensure proper regard is given to the existing land

form, cut and fill shall be limited to no more than 900mm.

Excavations 5. All excavations are to be guarded and protected to

prevent them from being dangerous to the public and surrounding properties. The retaining wall to the eastern boundary is to be protected during the course of construction.

Home building

insurance 6. It is the responsibility of property owners to ensure that

Home Owners Warranty insurance has been obtained in accordance with the Home Building Act 1989. Prior to any works commencing on the site, a copy of the Home Warranty Insurance Certificate for the property is to be submitted to the Principal Certifying Authority. Information on this insurance scheme can be obtained from the Department of Fair Trading.

Builders details 7. Prior to any works commencing on the site, written

advice as to the a) builder's details (name, address and licence number) b) owner / builder permit is required for Council records.

Signage 8. To ensure that the site is easily identifiable for deliveries

and provides information on the person responsible for the site, a sign displaying the following information is to be erected: + The statement “Unauthorised access to the site is

not permitted”. + The names of the builder or another person

responsible for the site along with an out of hours contact number.

+ Lot or Street number. Site management 9. To safeguard the local amenity, reduce noise nuisance

and to prevent environmental pollution during the construction period:


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b) Stockpiles of topsoil, sand, aggregate, spoil or

other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.


d) Builders waste must not be burnt or buried on site. All waste (including felled trees) must be contained and removed to a Waste Disposal Depot.

Erosion & sediment

controls 10. To preserve the unique environment of the Blue

Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Erosion & Sediment Control policy are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include:

a) The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment.

b) To prevent the movement of soil off site, a single entry/exit point to the property shall be constructed of 40mm blue metal aggregate or recycled concrete to a depth of 150mm. The length must be at least 5 metres with the width at least 3 metres.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

Workers amenities 11. Before work starts, toilet facilities must be provided

for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

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Termite treatment

certificate 12. Upon installation of a termite management system, a

durable notice is to be displayed within the meter box. The notice shall indicate: + The method of protection used, + Date of installation, + Life expectancy of any chemical system used as

listed on the National Register label, and + The installation of manufacturers

recommendations for the scope and frequency of future inspections for termite activity.

Stormwater drainage 13. To control rainwater runoff, roof water shall be

connected to stormwater drainage lines discharging to the street gutter. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.

Materials & colours 14. To have regard of the amenity of the area, the

materials and colours to be used are: a) External walls: Weather board painted

Dulux Beige Glow b) Roof: Colourbond Slate Grey c) Driveway finish: Dark earth tone.

Any outbuildings or other ancillary structures are to be finished in colours and materials of muted bushland tones and low reflective quality to blend with the surroundings. Any variation to the above materials / colours will require the prior approval of Council.

Construction

inspections

15. To ensure structural integrity, the maintenance of minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are:

a) Pier holes/pad footings before filling with concrete.

b) Trenches complete with reinforcing and prior to filling with concrete.

c) Reinforcing steel in position and before concrete is poured (footings, lintels, beams, columns, floors, walls and the like.

d) Floor frame, dampcourse, antcapping, foundation walls before floor material is laid.

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e) Framing when external wall and roof cladding

is in place and prior to internal linings. f) Wet area flashing prior to tiling or covering. g) Stormwater drainage between building and

discharge point (drainage pipes, soakage pits and the like) prior to covering.

h) Completion of the development and sign off to all conditions of the consent including landscaping, prior to occupation and use.


Sarking 16. In the event of a bushfire, to assist in the prevention

of ember entry to the roof area, fire grade sarking should be used (flammability index not greater than five) under all roofing.

Openings 17. Any opening including vents on walls etc., should be

sealed with maximum 2mm wire mesh. The opening of a chimney flue or air handling equipment can remain unprotected as long as ceiling access holes are large enough to provide fire fighting access to the roof cavity and command a clear view of the entire roof space.

Doors 18. To eliminate the possibility of embers entering the

building in a bushfire situation, all external doors are to be fitted with draught seals.

Earthworks 19. Excavated and filled areas are to be graded and

drained in a manner that will not be detrimental to adjoining properties or the environment. All disturbed areas are to be topsoiled and turfed or spraygrassed. Where batters exceed a ratio of 3 horizontal to 1 vertical, retaining walls or terracing is required.

Protection of vegetation 20. To preserve the natural site features and limit site

disturbance, ground covers and trees within driveway areas and 3 metres or more from the outermost projection of the building are to be retained. Remaining vegetation must be protected by suitable guards / barriers to prevent damage as a result of the construction phase.

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Smoke alarms 21. An automatic fire detection and alarm system is to be

installed in accordance with: + Australian Standard 1670; or + Australian Standard 3786 or listed SSL Register of

Accredited Product. The detector units are to be connected to the 240 volt power supply, have suitable battery backup and be located on or near the ceiling in the following locations:

a) Between each area containing bedrooms and the remainder of the dwelling including any hallway associated with the bedrooms; or

b) in each bedroom; and c) in any storey not containing bedrooms.

Prior to occupation or use, the owner / applicant must submit to the Principal Certifying Authority a copy of the smoke detector installation details and certificates (issued by the Electrician).

Screen planting 22. To improve the streetscape, screen planting is required

between the development and street alignment. The plants are to include at least one significant feature tree and are to be in keeping with the character of the streetscape / village and contain a variety of advanced species found in the locality. The planting shall be installed prior to occupation of the additions to the dwelling.

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Attachment 2 - Previous Report

LAND USE MANAGEMENT

Ordinary Meeting, 28/5/02 ITEM NO: 21 SUBJECT: DEVELOPMENT APPLICATION NO. X01/1269 FOR ADDITIONS AND

ALTERATIONS TO THE DWELLING ON LOT 1 DP 226505, 60 LUCASVILLE ROAD, GLENBROOK

FILE NO: X01/1269 Recommendations: 1. That Development Application No. X01/1269 for additions and alterations to the dwelling on

Lot 1 DP 226505, 60 Lucasville Road, Glenbrook be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

2. That Construction Certificate No. X01/1269 be issued. Report by Group Manager, Health and Development: Reason for report The application has been referred to Council for determination at the

request of Councillors. Applicant

R and J Associates P O Box 47, Blaxland

Owner

Mr and Mrs Montgomery 5 Wattlebird Crescent, Glenmore Park

Application lodged

26 September 2001

Property address

60 Lucasville Road, Glenbrook

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LAND USE MANAGEMENT

Item 21 - Ordinary Meeting, 28/5/02

Site description The subject allotment is located on the northern side of Lucasville Road Glenbrook with the nearest cross street being Mount Street to the west. The allotment has a total area of 592.8m2 with the site sloping from west to east. Currently erected on the allotment is a single story fibro clad cottage with a tile roof. Vehicular access is available to the allotment via Lucasville Road. Services to the allotment include sewer, water, power, telephone and gas as provided by the relevant authorities.

Proposal The existing dwelling would be partly demolished to the existing floor level to accommodate the proposed extensions. It is proposed to construct a 2 storey weatherboard clad, sheet metal roofed dwelling with the first floor being incorporated into the 350 roof pitch. The proposal would result in a substantial reconfiguration of rooms within the dwelling, effectively enlarging it to a 4 bedroom dwelling, with family room and study. A garage is proposed to be provided to the eastern side of the dwelling set partially below ground level with a retaining wall provided to the adjusted levels and accommodate the driveway to the street. The rear section of the addition would also be partially below ground level. A cut of approx 900mm is required to the northwestern corner of the addition to achieve the required finished floor level as nominated on the architectural plans.

Subject Site

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LAND USE MANAGEMENT

Item 21 - Ordinary Meeting, 28/5/02 A copy of the current plan showing the site area and extent of the

proposed additions are provided in Attachment 2. As a comparison, a plan of the original proposal comprises Attachment 3 to this report.


Zoning: Residential 2(a1) under Local Environmental Plan No.4 Ø Proposed Living under Draft Local Environmental Plan 1997

Development Control Plans – Ø DCP 10 Blue Mountains Character Guidelines Ø DCP 26 Building in Bushfire Prone Areas Ø DCP 30 Smart Design for Single Dwellings Ø DCP 34 Energy Efficient Residential Development

Notification

The application was initially notified to adjoining and nearby properties for a period of 14 days from the 12 October 2001 to the 26 October 2001. As a result of the submissions received and the initial assessment by Council Officers, amended plans were received from the applicant. These amended plans were notified from the 21 March 2002 to the 4 April 2002. Three (3) submissions were received to the second notification, identifying the following issues:– Ø Concerns regarding the height of the addition above ground level, Ø Bulk and scale impacting on the streetscape, Ø Overshadowing, Ø Loss of privacy, Ø Loss of views, Ø Impact on existing retaining wall, Ø Construction hours, Ø Removal of pine tree to front of property.

Issues Assessment issues – Ø Environmental Planning Instruments Ø Bulk and Scale Ø Overshadowing Ø Loss of Privacy Ø Community Concerns.

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LAND USE MANAGEMENT

Item 21 - Ordinary Meeting, 28/5/02 Discussion of Issues 1. Environmental Planning Instruments Local Environmental Plan No. 4 The proposal is permissible at the subject site under the provisions of LEP No.4. The proposal has been assessed against the relevant development standards in the LEP, as detailed in the following Table: Clause Standard Proposed Compliance cl. 39 Height of buildings – maximum 2

storeys. Two storey with a garage in the subfloor area at the front of the dwelling. The definition of “storey” in LEP 4 does not include a floor used wholly for parking. The proposed development is therefore two storey in terms of LEP 4.

Yes

cl. 40 Utility services. Connection to sewer, town water, power and phone.

Yes

Draft Local Environmental Plan 1997 The site is proposed to be zoned Living under the exhibited draft LEP 1997, in which a dwelling was also proposed to be permissible. Development Control Plan 10 – Blue Mountains Character Guidelines The proposal is considered to be generally consistent with the provisions of DCP 10 relating to the character of the design.

Development Control Plan 26 – Building in Bushfire Prone Areas The proposed additions achieve compliance with DCP 26 given the moderate risk to bushfire for this particular allotment. Development Control Plan No. 30 – Smart Design for Single Dwellings The application has been assessed in terms of DCP 30, and is considered to meet the development standards, as detailed in the following Table: Clause Standard Proposed Compliance 6.1 Character of the street Additions to the dwelling to achieve a design that presents a

mountains chalet style bungalow. Yes

6.2 Setting and Vegetation

Additional plantings to be provided to the site upon completion to complement the dwelling.

Yes

6.3 Site Coverage – maximum 65%

Additions to dwelling and hard stand areas total 47.8%. Yes

6.4 Cut and Fill – Maximum cut and fill of 900mm

Excavations of 900mm required for the rear section of the additions and the garage.

Yes

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LAND USE MANAGEMENT

Item 21 - Ordinary Meeting, 28/5/02 Clause Standard Proposed Compliance 6.5 Height and Scale –

generally maximum of 8 m building height

Additions to dwelling result in a height of generally less than 8.0m. A length of ridge (approx 2.0m) on the Southern Elevation exceeds 8.0 m to a maximum of 8.3m.

No

6.6 Setbacks – 8m front building setback

The existing front setbacks of 6.9m are to be retained. The side boundary setbacks are proposed to be 1 m on the eastern boundary and 1.32 m on the western boundary of the site.

No (but is based on existing setback)

6.7 Visual and Acoustic privacy

Use of obscured glazing to certain windows, lattice screen to decks, 1.8m boundary fence to the eastern boundary, additional plantings to the northern boundary and eastern boundary.

Yes

6.8 Materials and Finishes

Colourbond Slate Grey roof, Cladding painted Dulux Beige Glow. Yes

6.9 Garages – Maximum of 40% of frontage up to 6.5 m

Garage located to the subfloor on the eastern side of the dwelling providing off street parking. With a width of 3.3m

Yes

6.10 Driveway It is proposed to retain the driveway in current location. Yes 9 Energy Efficiency –

minimum of 3.5 star rating.

Based on the scorecard the dwelling would achieve a 3.5 star rating. Yes

Development Control Plan 34 – Energy Efficiency Requirements The proposed additions have achieved the minimum 3.5 star rating required under the provisions of DCP 34. 2. Bulk and Scale Due to the bulk and scale of the proposal, there will be impacts on the streetscape and views. While the proposed addition provides for a setback to the southern (front) boundary of 6.94 metres, this is maintaining the current setback and is consistent for dwellings in this part of the street. The first floor addition utilises the roof void created by incorporating a bed room and ancillary space within the pitch of the roof, thus reducing the overall bulk and scale of the proposed development and maintaining the cottage character of the surrounding area. The concern with potential impacts on views relates particularly to the single storey section of the dwelling addition to the rear. The ridge height of the single storey section is proposed to be 3.35 metres in height above natural ground level, which would limit the potential impact of bulk on the adjoining properties to the western side. The revised roof design of this single storey section of the dwelling would incorporate a dutch gable. This section of the addition is also proposed to be excavated 900mm into the ground levels to minimise the height of the addition. The inclusion of the first floor accommodation within the roof has the effect of minimising the impact of the bulk and scale of the proposal, as the external walls of the additions would be relative low compared to a conventional two-storey dwelling. Although it is acknowledged that there may be a very limited interruption to the views from one of the adjoining properties, it is considered that this is not be unreasonable.

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Item 21 - Ordinary Meeting, 28/5/02 3. Overshadowing Although no shadow diagrams were submitted, the expected shadows during the hours of 9am and 3pm on 21 June are generally to the south of the dwelling towards Lucasville Road, thus not affecting the surrounding properties to the east, west and north. 4. Loss of Privacy There is potential for overlooking of the adjoining property to the east (No. 62 Lucasville Road) from the rear balcony and from generally within the property. The balcony at the rear of the dwelling is relatively small and incorporates lattice screens on its eastern end to provide some screening. This is considered to be adequate in the circumstances. The eastern boundary fence is proposed to be replaced with a 1.8m high pre-painted metal fence along with screen planting to the boundary area that should adequately maintain the privacy of the property to the east. 5. Community Issues

The majority of the issues raised in the resident submissions have been addressed in the preceding sections of the report, however the following comments are made in relation to the remaining matters. (i) Impact on existing retaining wall There is an existing retaining wall along the eastern boundary of the site that is up to 900mm high. The impact of the development is considered to be minimal, however a condition is suggested in any consent requiring the retaining wall to be protected and maintained during the course of construction. (ii) Hours of Construction Works To address concerns over the potential for noise impacts during the construction a condition would be proposed in any consent stipulating the working hours and need to protect the local amenity. (iii) Removal of radiata pine A lynch gate to the front of the property is proposed that would result in the removal of the mature radiata pine tree. Radiata Pines are considered to be environmental weeds within the Blue Mountains and their retention is generally not considered to be appropriate, other than in some heritage properties. The tree provides a landscape feature, and its loss could reasonably be compensated by a condition requiring the revegetation of the front of the site.

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Item 21 - Ordinary Meeting, 28/5/02 Construction Certificate The current application is a combined Development/Construction Certificate Application. A Construction Certificate is required to be issued prior to the commencement of any building works on the site. The Certificate indicates that if work is undertaken in accordance with the plans and specifications referred to in the Certificate it will comply with the relevant provisions of the BCA. The Construction Certificate application has been assessed against the relevant provisions of the BCA and found to comply with those provisions. Accordingly, the Construction Certificate can be determined and issued with any Development Approval. Conclusion The proposed development complies with the requirements of the current zoning of the allotment. The applicant significantly amended the original design following resident and Officer concerns. These plans with some further design adjustments can ensure that the design has appropriate regard to the surrounding properties whilst maintaining the cottage character of the area. Accordingly it is recommended that the application providing for additions to the existing dwelling be supported.

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Attachment 1 - Conditions of Development Consent Consent 1. Blue Mountains City Council issues its consent, subject to conditions

stated hereunder, in accordance with Section 80A of the Environmental Planning & Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the date the consent is issued. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by R&J Associates numbered M-01 B dated March 2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Structural details 2. To ensure that the design is structurally sound, details prepared by a Structural Engineer are to be submitted to and approved by the Principal Certifying Authority prior to the commencement of the:

a) reinforced concrete floor slab on the ground. (Details are to make specific reference to Australian Standard 2870 and soil classification for the site.)

b) retaining walls. c) footings. d) steel beam and columns.

Certification shall refer to the appropriate codes or other criteria relied upon by the Structural Engineer.

Survey report 3. To ensure that the building does not exceed the required finish floor

level and ridge height and is located within the boundaries of the property, a survey report by a registered Land Surveyor must be provided to the Principal Certifying Authority prior to the work proceeding beyond: a) Ground floor level. b) Completion of the walls and roof frame.

Cut and fill 4. To ensure proper regard is given to the existing land form, cut and fill

shall be limited to no more than 900mm. Excavations 5. All excavations are to be guarded and protected to prevent them from

being dangerous to the public and surrounding properties. The retaining wall to the eastern boundary is to be protected during the course of construction.

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Attachment 1 - Conditions of Development Consent Home building insurance 6. It is the responsibility of property owners to ensure that Home

Owners Warranty insurance has been obtained in accordance with the Home Building Act 1989. Prior to any works commencing on the site, a copy of the Home Warranty Insurance Certificate for the property is to be submitted to the Principal Certifying Authority. Information on this insurance scheme can be obtained from the Department of Fair Trading.

Builders details 7. Prior to any works commencing on the site, written advice as to the

a) builder's details (name, address and licence number) b) owner / builder permit

is required for Council records. Signage 8. To ensure that the site is easily identifiable for deliveries and

provides information on the person responsible for the site, a sign displaying the following information is to be erected: + The statement “Unauthorised access to the site is not

permitted”. + The names of the builder or another person responsible for the

site along with an out of hours contact number. + Lot or Street number.

Site management 9. To safeguard the local amenity, reduce noise nuisance and to prevent

environmental pollution during the construction period: a) Site and building works (including the delivery of materials

to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm. Alteration to these hours may be possible for safety reasons but only on the approval of Council.

b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.


d) Builders waste must not be burnt or buried on site. All waste (including felled trees) must be contained and removed to a Waste Disposal Depot.

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Attachment 1 - Conditions of Development Consent Erosion & sediment controls 10. To preserve the unique environment of the Blue Mountains and to

contain soil and sediment on the property, controls in accordance with Council’s Erosion & Sediment Control policy are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include: a) The installation of a sediment fence with returned ends across

the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment.

b) To prevent the movement of soil off site, a single entry/exit point to the property shall be constructed of 40mm blue metal aggregate or recycled concrete to a depth of 150mm. The length must be at least 5 metres with the width at least 3 metres.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

Workers amenities 11. Before work starts, toilet facilities must be provided for construction

personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

Termite treatment

certificate

12. Upon installation of a termite management system, a durable notice is to be displayed within the meter box. The notice shall indicate: + The method of protection used, + Date of installation, + Life expectancy of any chemical system used as listed on the

National Register label, and + The installation of manufacturers recommendations for the

scope and frequency of future inspections for termite activity. Stormwater drainage 13. To control rainwater runoff, roof water shall be connected to

stormwater drainage lines discharging to the s treet gutter. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.

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Attachment 1 - Conditions of Development Consent Materials & colours 14. To have regard of the amenity of the area, the materials and colours

to be used are: a) External walls: Weather board painted Dulux Beige Glow b) Roof: Colourbond Slate Grey c) Driveway finish: Dark earth tone.

Any outbuildings or other ancillary structures are to be finished in colours and materials of muted bushland tones and low reflective quality to blend with the surroundings. Any variation to the above materials / colours will require the prior approval of Council.

Construction inspections 15. To ensure structural integrity, the maintenance of minimum health

standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are:

a) Pier holes/pad footings before filling with concrete. b) Trenches complete with reinforcing and prior to filling with

concrete. c) Reinforcing steel in position and before concrete is poured

(footings, lintels, beams, columns, floors, walls and the like. d) Floor frame, dampcourse, antcapping, foundation walls

before floor material is laid. e) Framing when external wall and roof cladding is in place

and prior to internal linings. f) Wet area flashing prior to tiling or covering. g) Stormwater drainage between building and discharge point

(drainage pipes, soakage pits and the like) prior to covering. h) Completion of the development and sign off to all

conditions of the consent including landscaping, prior to occupation and use.


Sarking 16. In the event of a bushfire, to assist in the prevention of ember entry

to the roof area, fire grade sarking should be used (flammability index not greater than five) under all roofing.

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Attachment 1 - Conditions of Development Consent Openings 17. Any opening including vents on walls etc., should be sealed with

maximum 2mm wire mesh. The opening of a chimney flue or air handling equipment can remain unprotected as long as ceiling access holes are large enough to provide fire fighting access to the roof cavity and command a clear view of the entire roof space.

Doors 18. To eliminate the possibility of embers entering the building in a

bushfire situation, all external doors are to be fitted with draught seals.

Earthworks 19. Excavated and filled areas are to be graded and drained in a manner

that will not be detrimental to adjoining properties or the environment. All disturbed areas are to be topsoiled and turfed or spraygrassed. Where batters exceed a ratio of 3 horizontal to 1 vertical, retaining walls or terracing is required.

Protection of vegetation 20. To preserve the natural site features and limit site disturbance, ground

covers and trees within driveway areas and 3 metres or more from the outermost projection of the building are to be retained. Remaining vegetation must be protected by suitable guards / barriers to prevent damage as a result of the construction phase. (This does not apply to trees and vegetation required to be removed in identified Fire Protection Zones.)

Smoke alarms 21. An automatic fire detection and alarm system is to be installed in

accordance with: + Australian Standard 1670; or + Australian Standard 3786 or listed SSL Register of Accredited

Product. The detector units are to be connected to the 240 volt power supply, have suitable battery backup and be located on or near the ceiling in the following locations:

a) Between each area containing bedrooms and the remainder of the dwelling including any hallway associated with the bedrooms; or

b) in each bedroom; and c) in any storey not containing bedrooms.

Prior to occupation or use, the owner / applicant must submit to the Principal Certifying Authority a copy of the smoke detector installation details and certificates (issued by the Electrician).

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Attachment 1 - Conditions of Development Consent Screen planting 22

. To improve the streetscape, screen planting is required between the development and street alignment. The plants are to include at least one significant feature tree and are to be in keeping with the character of the streetscape / village and contain a variety of advanced species found in the locality. The planting shall be installed prior to occupation of the additions to the dwelling.

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Attachment 2 - Proposed Development

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Attachment 3 - Original Proposal

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ITEM NO: 21 SUBJECT: SECTION 96 APPLICATION TO AMEND A CONDITION OF

DEVELOPMENT CONSENT NO. X02/311 FOR A PRIMARY SCHOOL DEVELOPMENT AND ONE INTO TWO LOT SUBDIVISION ON LOT 29 DP 658162, 27-38 TUSCULUM ROAD, VALLEY HEIGHTS

FILE NO: X02/311 Recommendation: That Development Consent No. X02/311 for a one into two lot subdivision and a primary school development on Lot 29 DP 658162, 27-38 Tusculum Road, Valley Heights be modified in that Condition 8 be amended to read as follows:

‘All noxious weeds are to be removed from the site to the satisfaction of Council prior to 30 June 2003.’

Report by Acting Group Manager, Health and Development: Reason for report The application was determined by Council. Applicant

Blue Mountains Grammar School C/- Max Fragar & Associates Pty Ltd.

Owner

Mr K Fuller.

Application lodged

11 June 2002.

Property address

No. 27-38 Tusculum Road, Valley Heights.

Site description

The subject land consists of a large parcel of degraded bushland currently improved by a single dwelling.

Proposal

An application has been submitted to Council seeking to modify development Consent X02/311 by amending Condition No 8 which currently states: “All noxious weeds are to be removed from the site to the satisfaction of Council prior to release of the Subdivision Certificate”. The proposal is that the weed removal will be undertaken either as an environmental project by students early in 2003 or by the landscape contractor prior to the school opening for the school site. Either way the project would be completed prior to July 2003.

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Discussion of Issues Council’s interest in this condition is that the noxious weeds on

the site are removed. The proposed amendment to the condition does not affect the eventual outcome but does assist the applicant meet their time lines. Given that different weeds have different germination times and lifecycles there may be some benefit in extending the period for removal. It is therefore considered reasonable that Condition No 8 could be amended to read: “All noxious weeds are to be removed from the site to the satisfaction of Council prior to 30 June 2003”.

Conclusion The proposed amendment has no impact on the desired outcome of noxious weed removal. During assessment of an application with separate stages it is implicitly acknowledged that timing issues become apparent and that changes may be necessary. It is considered that the requested amendment can be supported.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 25/6/02

ITEM NO: 22 SUBJECT: BLUE MOUNTAINS CITY OF THE ARTS TRUST YOUNG ARTISTS’

SCHOLARSHIPS 2002 FILE NO: C05566 Recommendations: 1. That Council as the Trustee, endorse the recommendations of the Blue Mountains City

of the Arts Trust Advisory Committee Assessment Panel in awarding four young artists’ scholarships valued at $1,500 each, as outlined in this report.

2. That Council as the Trustee, endorse that the remaining grant funds of $5,000 be

reserved by the Trust for the purposes of assisting young artists in 2002-2003 Report by General Manager, as Chairman of the City of the Arts Trust: Purpose This report presents the City of the Arts Trust Advisory Committee Assessment Panel’s nominations for the awarding of Young Artists’ Scholarships 2002 for endorsement by Council (as Trustee of the Blue Mountains City of the Arts Trust-“the Trust”). As the City of the Arts Trust Advisory Committee wishes to maintain high standards for the awards and was only able to recommend four applicants, $5,000 remains in the Young Artists’ Scholarships fund. The Assessment Panel recommends that these funds be reserved for a third grant round in 2002-2003. Background The Young Artists’ Scholarships Program 2001-2002 has been developed by the Trust Advisory Committee to meet the Trust objective of encouraging and supporting the development of talented young artists.

“The Committee resolved to conduct the Young Artists’ Scholarships in two rounds-November 2001 and April 2002 with a maximum of $10,000 in scholarships to be allocated in the first round for delivery in December/January and the remainder reserved for the second round for delivery in May/June.” (Council Report 11 December 2001)”

The first grant round allocations were endorsed by Council in December 2001 and delivered to applicants in December and January 2002. This resulted in five individual and one group scholarship (benefiting five young artists) being awarded, totalling $9,000. The second grant round offered $11,000, which was the remainder of the $20,000 provided by the NSW Ministry for the Arts for this purpose.

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FACILITATING COMMUNITY DEVELOPMENT Item 22 - Ordinary Meeting, 25/6/02

The provisions of the Trust Deed enable the allocation of grants to individuals selected on the basis of objective criteria and based on merit. This capacity fills a gap in addressing the professional development needs of the city’s talented young artists and young artists’ ensembles. The Trust, not the Council, is the vehicle for the distribution of Trust Scholarship funds. The age range for individual scholarships is 14 to 25 years. Where the scholarship is for costs of cultural exchange, benefiting a number of young people, such as those in an arts ensemble, the age is under 25years. Guidelines for this program have been previously endorsed by Council and are enclosed separately for the information of Councillors. Both rounds were advertised for two weeks, commencing on 31 October, 2001 in order to publicise the program broadly so that artists could either apply for known summer schools and other opportunities, usually held in January, or have the option to research professional development opportunities in 2002, in order to apply for the April 2002 round for 2002/2003. The second round was re-advertised in March for three weeks in the Gazette with a closing date of 30 April 2002. Young Artists Scholarships Assessment Process Forty two application forms were sent out and six applications for individual scholarships were received. The Trust Advisory Committee Assessment panel met on 23 May 2002 and assessed each application rigorously against the weighted criteria with reference to work submitted and referees provided. Assessment Panel Recommendations The panel unanimously recommended the allocation of four scholarships of $1,500 each to the following individuals : Applicant Scholarship Purpose 1. Emily Cooper - 24yrs A cultural study tour to Guinea-West Africa to study West

African Dance Artform: Performing arts Category: Cultural Exchange 2. Jenny Quested- 22 yrs To attend Master Course at the Accademia Italiana, Florence Artform: Design-Fashion as Art Category: Masterclass

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3. Heidi Chappelow- 23yrs A mentorship with the Humour Foundation-Clown Doctors

project: Westmead Children’s Hospital Artform: Performing Arts Category: Mentoring 4. Stephanie Holman- 14yrs A mentorship in printingmaking & exhibition preparation Artform: Visual arts Category: Mentoring This allocation totalled $6,000 of the $11,000 available. The panel recommended that the residue of the grant funds ($5,000) be retained for a third grant round to be held during 2002-2003. Conclusion As Chairman of the Trust, I endorse the recommendations of the Advisory Committee Assessment panel.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 25/6/02

ITEM NO: 23 SUBJECT: COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONS

BY COUNCILLORS FILE NO: C00944 Recommendation: That Council approve the following donations from the Councillors’ Minor Local Projects Vote:

Organisation Amount

Blue Mountains Vietnam Veterans’ Association $150 Blue Mountains National Servicemen’s Association $150 Blue Mountains Pipe Band $200 Associated Sports Australia Trust $225 Kinship at Christmas Foundation $100 Blue Mountains Riding for the Disabled $125 Valley Heights Rail Museum $100 Hazelbrook Cricket Club $250 Family Support Services $300 Lawson Swimming Club $100 Friends of Lawson Library $100 Blue Mountains Family History Society Inc $100 Mid Mountains Older Women’s Network $150 Blue Mountains Historical Society $200

Report by General Manager: On 11 July 2000 Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which appear to fall within the ambit of the Policy, have been received and are submitted for approval.

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Minor Local Projects

Recommending Councillor

Organisation Purpose Amount

Cr D Myles Blue Mountains Vietnam Veterans’ Association

Administration expenses $150

Cr D Myles Blue Mountains National Servicemen’s Association


Cr D Myles Blue Mountains Pipe Band


Cr D Myles Associated Sports Australia Trust


Cr J Egan Kinship at Christmas Foundation

Administration costs $100

Cr J Egan Blue Mountains Riding for the Disabled


Cr C Kime Valley Heights Rail Museum


Cr C Gaul Hazelbrook Cricket Club

Provision of trophies etc $250

Cr C Gaul Family Support Services

Special needs $300

Cr C Gaul Lawson Swimming Club

General expenses $100

Cr C Gaul Friends of Lawson Library

Expenses $100

Cr C Gaul Blue Mountains Family History Society Inc


Cr C Gaul Mid Mountains Older Women’s Network

Publicity costs $150

Cr C Gaul Blue Mountains Historical Society

General expenses $200

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 25/6/02

ITEM NO: 24 SUBJECT: BM SPORTS AND AQUATIC LIMITED FILE NO: H01224 Recommendations: 1. That Council concur to the resolutions made by the Board of BM Sports and Aquatic

Limited (the “Company”) on 27 May 2002 and to the resolutions passed at a General Meeting of the Company on the same date, as set out in this Report.

2. That by mutual agreement with the Company the licence agreements in respect of the

aquatic faculties located at Blackheath, Katoomba, Lawson, Springwood and Glenbrook be terminated.

3. That the Company cease to carry on business with effect from 30 June 2002. 4. That the Company be retained as an entity pending the identification of other

opportunities to achieve the principal objectives of the Company 5. That the necessary amendments be made to the Company’s Constitution to reduce the

number of Directors of the Company to three (3). 6. That the Directors of the Company comprise the Mayor, a Councillor and the General

Manager (or nominee). 7. That, subject to 5 and 6 above, Councillor Hamilton be appointed a Director of the

Company. 8. That Council formally thank the community Board members of the Company for their

involvement and assistance. 9. That the Common Seal of Council be affixed as necessary to any documents relating to

this matter. Report by Group Manager, Assets & Corporate Services: This report informs the Council of recent resolutions of the BM Sports and Aquatic Limited (BMS&A) Board to cease business on 30 June 2002 and seeks Council’s concurrence to that decision and the consequent action that must follow. In summary, BMS&A has resolved, subject to Council’s concurrence, to cease operating on 30 June 2002 and to hand the management of Council’s aquatic facilities back to Council while recommending that Council retain BMS&A as a “shell” company.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 24 - Ordinary Meeting, 25/6/02

Background Between 1997 to 1999 Council undertook extensive investigation into the best management approach for its sports and aquatic centres given the then proposed development of two year-round aquatic and recreation centres in Katoomba and Valley Heights. The addition of these two new centres was seen to significantly increase the complexity and sophistication of the recreation facilities and services being offered to the Blue Mountains Community. It was therefore deemed that a more business like approach was required to ensure that these facilities were managed in the most effective and efficient manner. An essential element in the selection of the best management option was to ensure an “integrated” approach to the operation of all of the centres. The approach was to allow for cost effective and flexible staffing arrangements, differential pricing within and between pools, consistent sports and fitness programming opportunities and ensure the “ongoing success in program and service delivery, facility stewardship and financial efficiency”. In addition to the above, the selection of the best management approach was also to meet the following Council objectives:

1. Reduce or eliminate deficit funding; 2. Maintain a significant degree of control; 3. Keep assets in good repair; 4. Gain optimum use and flexibility.

Three management models were investigated and Council selected what was termed an Indirect Management “arms-length” option. To implement this model, with the approval of the Minister for Local Government, Council established BM Sports & Aquatic Limited in March 2000 to: • Provide aquatic and indoor sporting facilities within the City of Blue Mountains; • Ensure the widest possible choice of activities to all age groups using those facilities; and • Maintain or improve on the current level of deficit of the facilities. In order to achieve these aims it was intended that the Company would be responsible for managing all of Council’s aquatic facilities, maintaining its own financial and reporting systems, employment of all staff and generally performing all tasks necessary to carry on the business of conducting aquatic and recreation centres. The Council established an eleven person Board to manage BMS&A comprising: • The Mayor • One Councillor from each Ward • The General Manager or his nominee • Five community representatives with business skills The Council then issued Licence Agreements to BMS&A to manage it’s then five aquatic facilities.

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Report Late in 2001 the Board called for a paper reviewing BMS&A’s management structure and providing possible options for a future Board structure and the management of Council indoor sports and aquatic facilities. The paper subsequently prepared and presented outlined the difficulty in achieving all of Council’s original objectives through BMS&A, making note of the Company’s reliance on and effective control by Council. The review also noted Council’s decision to move to a Policy => Purchaser => Provider organisational model and the consequential opportunity and natural “fit” of indoor sports and aquatic service provision with the “providers” in the new model. The review proposed two options:

1. Retain the current management structure and Board but undertake a comprehensive review of the composition of the Board with a view to it being a true “independent arms- length” service provider business. (Note: Under this approach it was envisaged that there would be no or very limited BMCC Councillor representation on the Board.)

2. That the Board be dissolved and all of the aquatic and indoor sports facilities and

operations come back under direct management control of the Blue Mountains City Council under the organisational structure and timeframe adopted by Council in the Future Directions process.

The Board considered the advantages and disadvantages of each and subsequently resolved to pursue Option 2. However, at a later meeting the Board rescinded that part of Option 2 that would have dissolver the company. On 27 May 2002 the Board of BMS&A resolved unanimously:

“1. That the resolution set out below, passed at the meeting of the Board of

Directors of the company held on the 3rd of December 2001, be rescinded:

“That the Board of BM Sports and Aquatic Limited resolve to dissolve itself and the company BM Sports and Aquatic Limited”.

2. That the company cease to carry on its business, with effect from 30 June

2002, subject to the concurrence of the Blue Mountains City Council. 3. That the company and Blue Mountains City Council enter into an agreement in

the form of the document annexed hereto and marked “A”, terminating each of the five licence agreements entered into by the company and the Council dated 30 June 2000, and relating to the conduct of the swimming pools at Blackheath, Lawson, Springwood and Glenbrook and to the swimming and sporting complex at Katoomba.

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4. That the company not be wound up but instead terminate all existing business

undertakings, and that the company thereafter remain inactive pending the identification of other opportunities to achieve the principal objects of the company, as specified in clause 3 of the company’s Constitution.

5. That directors Terri Hamilton and Michael Willis be and are hereby

authorised to sign all documents reasonably required to give effect to resolutions 2, 3 and 4.”

A General Meeting of BMS&A also held on 27 May 2002 resolved unanimously:

“1. That the company cease to carry on its business, with effect from 30 June 2002, subject to the concurrence of the Blue Mountains City Council.

2. That the company and Blue Mountains City Council enter into an agreement in

the form of the document annexed hereto and marked “A”, terminating each of the licence agreements entered into by the company and the Council, dated 30 June 2000, and relating to conduct of the swimming pools at Blackheath, Lawson, Springwood and Glenbrook and to the swimming and sporting complex at Katoomba.

3. That the company not be wound up but instead terminate all existing business

undertakings, and that the company thereafter remain inactive pending the identification of other opportunities to achieve the principal objects of the company, as specified in clause 3 of the company’s Constitution.”

To smooth the implementation of the above resolutions two of the remaining three community representatives on the Board resigned (there were two existing vacancies) leaving a Board comprising:

Councillor Hamilton (Chairperson), Councillor Angel, Councillor Van der Kley, Council Kime, Council Egan, the General Manager and Mr Walter Hitchel.

In effect, BMS&A are recommending that management of Council’s aquatic facilities be taken back fully by Council, that BMS&A cease operating and that the company structure be retained as a “shell” company. Further, Directors Councillor Terri Hamilton and Mr Michael Willis were given authority to sign the necessary documents to put into effect the Board’s resolutions and it was intended that that the Board would be reduced to two Directors on an ongoing basis to enable the filing of the necessary company returns required by statute. However, since the last BMS&A Board meeting legal advice has indicated that Corporations Law requires the minimum number of Directors to be three for a non-operating entity. Conclusion The proposals of BMS&A are supported as the most appropriate way forward for Council at this time. Under the Policy => Purchaser => Provider organisational model of Future Directions Council’s aquatic and indoor sports facilities will be part of the BM City Services business unit operating with no effective loss of independence from what occurs in practice under the current arrangement.

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Subject to Council approval to the proposed course of action, a number formal measures will need to be taken which have been set out in the recommendations. As noted a minimum three Directors are required while the Company is not operating. The recommendations are that the Mayor, a Councillor (Councillor Hamilton is proposed being the current Board Chairperson, a current Director and authorised to sign documents by the current Board) and the General Manager (or Nominee) be the three Directors. However, Council could decide otherwise if it wishes.

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TRANSPORTATION & ROADS Ordinary Meeting, 25/6/02

ITEM NO: 25 SUBJECT: KERB AND GUTTER, FOOT PATH AND DRIVEWAY WORKS AT

PANORAMA CRESCENT, WENTWORTH FALLS - CONTRACT NO. TS 14/02

FILE NO: C05799 Recommendation: That Council accepts the tender submitted by Savage Earthmoving Pty Ltd for the kerb and gutter construction & drainage at Panorama Crescent Wentworth falls– Phase 1.(300m along Panorama Crescent from South entry point ) (Contract No. TS 14/02), for the sum of $135,715.36 ($123,377.60 plus $12,337.76 GST) Report by Group Manager, BM City Services: This report recommends acceptance of a tender for the reconstruction of Kerb and Gutter, Footpaths and Driveway works under the Capital Works Program. Background The Construction is part of the 2001/2002 Capital Works Program. The proposed construction will facilitate proper stormwater drainage in the area. The construction cons ists of Earthworks, Drainage Pits & Pipelines, Scour Protection Works, Pavement Restoration Works, Concrete Roll- top Gutter, Foot Path works, Minor Landscaping and Associated Works. Discussion Tenders, closing at 2:00 p.m. on Tuesday 28 May 2002, were invited for the construction of the above project. The following tenders were received and are ranked in order of price following a review of their schedule of rates to arrive at the lump sum price, with the lowest first and the highest last: TENDERER

C I D INDUSTRIES PTY LTD Lowest Price

SAVAGE EARTHMOVING PTY. LTD. ENWON PTY LTD CIVIL MANAGEMENT GROUP PTY. LTD J. K. WILLIAMS CONTRACTING PTY. LTD. NORTH SHORE PAVING CO. PTY. LTD. Highest Price All tenders submitted were scrutinised for errors and or discrepancies.

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TRANSPORTATION & ROADS Item 25 - Ordinary Meeting, 25/6/02

All conforming tenders were assessed using a weighted attribute evaluation method relating to selection criteria specified in the tender documentation and in accordance with Local Government Tendering Regulation 1999.

ITEM ATTRIBUTE WEIGHTING 1 Relevant experience with similar projects 10%

2 Performance on previous projects 10%

3 Environmental Management & Traffic/Pedestrian Management Plans

10%

4 Risk Management System 10%

5 Price 60%

TOTAL 100%

Assessment of each submission was based on the ability of the contractor to meet the requirements of the tender documentation evaluation against the selection attributes, and in providing the essential documents. A copy of individual Tender assessments, based on the evaluation criteria listed above, is available on file for Councillors’ information. The resulting total weighted attributes are listed in order below (most favourable to least favourable): -

ITEM TENDERER TOTAL WEIGHTED ATTRIBUTE

1 Savage Earthmoving Pty. Ltd. 4.46

2 CID Industries Pty Ltd 4.30

3 Enwon Pty Ltd. 3.58

4 Civil Management Group Pty. Ltd. 3.11

5 J K Williams Contracting Pty Ltd 2.45

6 North Shore Paving Co. Pty. Ltd. 2.20

The references for the recommended Contractor were checked by the selection panel and were found to be satisfactory. This is available on file. The assessment confirmed that the tender from Savage Earthmoving Pty Ltd has the highest weighted attribute of 4.46 out of 5.00. Conclusion The tender submitted by Savage Earthmoving Pty Ltd meets the requirements of the tender documents and specification. Savage Earthmoving Pty Ltd is an experienced civil and roadworks contractor with sufficient resources and appropriate management skills to complete this project.

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TRANSPORTATION & ROADS Item 25 - Ordinary Meeting, 25/6/02

The tender from Savage Earthmoving Pty Ltd is considered to offer the highest benefit to Council’s ratepayers for the work involved. Comment by Tender Review Committee The Tender Review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process. The total project cost for comparison to the budget includes design and project management services (stated net of GST), and will be $139,000.00. Funding for this proposed contract is available in the 2001/2002 Capital Works Program.

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TRANSPORTATION & ROADS Ordinary Meeting, 25/6/02

ITEM NO: 26 SUBJECT: SPRINGWOOD SCHOOL OF ARTS TOWN SQUARE TENDER -

CONTRACT NO. TS 15/02 FILE NO: C05816 Recommendations: 1. That Council declines to accept the Tender pursuant to clause 19(1)(b) of the Local

Government (Tendering) Regulations 1999. 2. That pursuant to Clause 19(3)(b) of the Local Government (Tendering) Regulations

Council invites in accordance with Clause 8, fresh tenders based on the same details. Report by Group Manager, BM City Services: Background The project is part of the 2001/2002 Capital Works Program. The construction consists of Demolition & Earthworks, Drainage Pits & Pipelines, Concrete works, Retaining walls, Street furniture, Tree planting and Associated Works in accordance with the Plan of Management adopted at Council meeting 11-12-2001. Discussion Tenders, closing at 2:00 p.m. on Tuesday 11 June 2002, were invited for the construction of the above project. The following tenders were received. 1. S&L Contracting Pty Ltd

2. The Glascott Group – Invalid due to late submission Conclusion The valid tender submitted by S&L Contracting Pty Ltd, Belmore was significantly above the allocated budget. It is considered that timing of the tender at the end of the financial year prevented more firms from tendering and it was concluded that there would be a strong likelihood of receiving more competitive tenders if re-tendered in July. Comment by Tender Review Committee The Tender Review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process.

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NOTICE OF MOTION Ordinary Meeting, 25/6/02

ITEM NO: 27 SUBJECT: PROVISION OF SECURITY LIGHTING - GREAT WESTERN

HIGHWAY, BLAXLAND FILE NO: A78845 By Councillor M Greenhill:

“1. That Council officers hold discussions with the proprietor of the Blue Mountains Family Practice Orthodontist, Great Western Highway, Blaxland, regarding the potential to assist with extra lighting near his premises.

2. That a report comes back to Council on what options may be possible.”

Note by Councillor Greenhill: There have been no less than 14 serious instances of crime at the practice. The latest, on 20 May, involved a serious break and entry by an organised group. The group stole the safe and invaded the proprietor’s premises. Fortunately, he was not home. Lighting in the shopping centre at Blaxland has been upgraded, but this business is slightly outside the main part of the town. Therefore, they miss out on the benefits of our latest security initiatives in Blaxland.

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ITEM NO: 28 SUBJECT: GLENBROOK PARK - PROPOSED CONSTRUCTION OF STAGE FILE NO: X02/0090 By Councillor M Greenhill:

“That Council not proceed with the construction of the stage at Glenbrook Park that is planned for commencement of construction in the current Capital Works Program until further consultations occur with the Country Women’s Association Branch at Glenbrook, regarding the location and design of the stage.”

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ITEM NO: 29 SUBJECT: LAND KNOWN AS FROG’S HOLLOW, BLACKHEATH FILE NO: C05844 By Councillors T Hamilton and C Van der Kley:

“That Council receives a report on the option of reclassifying the land known as ‘Frog’s Hollow’, Blackheath, to the west of Minyago Street, from Council Operational Land to Council Community Land, as requested by the Frog’s Hollow Bushcare Group in their submission of 15 June 2002.”

Comment by Councillor Hamilton: Part of Frog’s Hollow is already classified as Council Community Land. The Frog’s Hollow Bushcare Group has requested that the remainder of the land to the west of Minyago Street be reclassified to Council Community Land on the grounds of environmental, community and social values.

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ITEM NO: 30 SUBJECT: USE OF HEAVY VEHICLE TRANSPORT TO SILICON SMELTER AT

LITHGOW FILE NO: C00308 By Councillors T Hamilton and C Van der Kley:

“That Council, as a matter of urgency, writes to the Minister for Planning, the Hon Andrew Refshauge, with a copy to the Member for the Blue Mountains, the Hon Bob Debus, expressing its deep concern that the development application for the Wood Processing and Metallurgical Carbon Facility contains consent to the use of heavy vehicle transport for inputs to the Silicon Smelter at Lithgow, as opposed to the rail transport option which the Council requested be used.”

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ITEM NO: 31 SUBJECT: LAWSON RAILWAY STATION FILE NO: H00721 By Councillor C Van der Kley:

“That Council write to the Hon Bob Debus, Member for Blue Mountains and request that Lawson Railway Station be upgraded for the provision of ‘easy access’ to the station platform when the Highway is upgraded.”

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ITEM NO: 32 SUBJECT: BLUE MOUNTAINS YOUTH COUNCIL FILE NO: C00551 By Councillors A Henson and H Kozelj:

“1. That a report come to Council on the way forward for the ‘early’ establishment of a Youth Council to advise Council on issues pertinent to young people and to be part of Council’s decision making processes.

2. That this report includes looking at having two divisions, one for junior youth

and one for senior youth.”

Comment by Councillors Henson and Kozelj: The 1996 Census showed us that 12,755 young people lived in the Blue Mountains (approximately 17.6% of total population). The largest concentration of young people are in Springwood and Winmalee. However, there are significant numbers in Katoomba and Blaxland. (New information on our youth population should now be available with the release of the latest Census figures). The population of young people in the Mountains is significant enough for Council to implement ‘urgent’ measures that provide direct dialogue with young people and to make the Blue Mountains a ‘Young People Friendly City’ as soon as possible. Council has over the years produced many books and strategies that have sat on the shelves, all with good intentions, no doubt. This time, Council has for the first time produced and adopted a strategic document ‘Strategy for Young People 2001’. This was to find ways to strengthen partnerships and to deliver outcomes for our young people. Now that Council has adopted this excellent document, it has been suggested that we should start as soon as possible at establishing a Youth Council so that we can implement certain actions with the ongoing and direct participation of our youth. With an ever shrinking budget, it is vital that we get our youth planning right. We have been encouraged by the recent eagerness of young people to become involved with the decision making processes of Council. This Notice of Motion is in response to that eagerness. A Youth Council provides the link between our young people and would be a good vehicle for youth participation in our City. We have been told that young people have not been that comfortable or familiar with the nature of adult consultative methods. This is evidenced by the lack of young people at Council’s consultation meetings. They have their own way of getting their message across and we need to find ways to have successful and ongoing dialogue with them

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NOTICE OF MOTION Item 32 - Ordinary Meeting, 25/6/02

In other council areas, where Youth Councils have been established, a variety of school groups, youth organisations, and a variety of social groups from that area have participated. The Mayor and interested Councillors and other youth related providers within the community are adult supporters. It would be good to see this on the ground support from the leaders of our community happening in the immediate future. This will also help to combat the sometimes negative stereotyping of young people which is so deplored by young people. Addressing youth issues has been on the agenda for many years, and there are happenings in the Mountains that tell use that it is high time for Council to provide the ability for young people to be directly involved in issues affecting them. Young people, like adults, are a diverse group with divergent interests and aspirations. A Youth Council is the perfect setting to start the dialogue for the implementation of better planning and to ensure that young people from all walks of life are included in community life. All too frequently, in the youth survey, young people complained that adults tried to move them on or otherwise made them feel they had no right to spend time with their friends in public places. This is totally unacceptable to us and we believe to a majority of people in the Mountains. Our young people should be made to feel welcome in all sectors of our community, and have that sense of place that is so important to all of us. There is a wish that a Youth Council be put higher on the agenda for urgent implementation and to start the ball rolling.

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ITEM NO: 33 SUBJECT: IMPROVED SKATING FACILITIES - WINMALEE/SPRINGWOOD FILE NO: H01000 By Councillors A Henson, D Myles and C Kime:

“That a report come back to Council on possible sites for improved skate facilities in the Winmalee/Springwood area.”

Comment by Councillors Henson, Myles and Kime : A meeting was held on 10 January 2002, at the Winmalee Youth Centre, to discuss the item contained in the Precis of Selected Correspondence, submitted to the Council Meeting of 20 November 2001, concerning a petition raised by the Winmalee Youth Service. Council resolved:

“That a meeting be convened with the staff of Winmalee Youth Centre and Blue Mountains City Council staff and Ward 3 Councillors to discuss the petition.”

The meeting was attended by Vicky Marshall, Chairperson of the Winmalee Youth Service, Trish Oxford, Youth Worker at Winmalee Youth Service, Ryn Vlachou, Council’s Youth Services Development Officer and Councillor Angelique Henson. The meeting discussed the petition issued by the Winmalee Youth Service on behalf of young people who were signatories, and a number of points were raised. Firstly, Winmalee is a geographically isolated area with a large youth population. The youth population for Area 4 (Winmalee, Springwood, Hawkesbury Heights and Yellow Rock) is larger than for any other area, and yet facilities for young people are thin on the ground. The youth centre is staffed on a part time basis only and is unable to offer programs and activities on weekends. It was felt that a skate park would provide young people with a healthy, safe and semi-structured activity when the youth centre was closed. It was a healthy alternative to hanging out in the local shopping centre in a non-directed way. In addition to the signed petition, the Draft Strategy for Young People identified that skating surfaces are popular with young people, and close to 20% of all young people surveyed thought there should be more facilities provided in the Blue Mountains. There was no dissent at the meeting concerning the need for additional facilities for young people. The petition itself reiterated this. It is clear that there are many young people in Winmalee who would welcome a skate facility in their area. The meeting decided that, as a first, Ryn would identify sites that could be used as a skating surface and report the findings to Council.

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NOTICE OF MOTION Item 33 - Ordinary Meeting, 25/6/02

The Councillors’ Bulletin of 17 May 2002 advised Councillors of the progress to date and options for consideration and discussion. Following this advice, a further meeting was scheduled with staff and the Ward Three Councillors. This meeting was attended by Councillor Daniel Myles and Councillor Angelique Henson, with Councillor Kime unable to attend due to illness. To progress the matter further, it was agreed that the next step is to formally request for a report to come to Council. The Notice of Motion is to make a report coming to Council possible.

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ITEM NO: 34 SUBJECT: IMPROVEMENTS TO POLICY FOR DEVELOPMENT

APPLICATION PROCESSES INVOLVING NOTIFICATION TO ADJOINING/NEIGHBOURING PROPERTIES

FILE NO: C00134 By Councillors A Henson and H Kozelj:

“That a report come to Council on how Council can improve our notification policy to adjoining landowners which could be affected in the vicinity when a DA or alteration is to occur on an adjoining property.”

Comment by Councillors Henson and Kozelj: It has been brought to our attention that there have been a number of instances where adjoining property owners have claimed that they did not receive advice from Council regarding a Development Application for a new building or alteration, either next to them or in close proximity to their property, and therefore failed in being able to provide comment. In some instances, this has caused great distress when a development or alteration has occurred which they feel has impacted on them unreasonably. It is important that Council looks at ways of overcoming this problem, as at the moment it is the Council’s word against the residents.

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ITEM NO: 35 SUBJECT: INCLUSION OF LAWSON URBAN CONSERVATION AREA AS A

HERITAGE ITEM ON COUNCIL’S HERITAGE LIST FILE NO: C01781 By Councillor C Gaul:

“That Council, in line with the Heritage Office’s recommendation, include the National Trust classified Lawson Urban Conservation Areas as a Heritage Item on its Heritage List as a conservation area of local significance.”

Comment by Councillor Gaul: In 1998, the Heritage Office wrote to Council, and myself as an interested councillor, on behalf of the Minister for Urban Affairs and Planning, saying that ‘following discussions with Ruth Londin, Heritage Consultant, and relevant planning officers at Blue Mountains City Council, the Heritage Office has established that the Lawson Urban Conservation Area has local and regional significance. Consequently, the Heritage Office recommends that the Blue Mountains City Council included the Lawson Urban Conservation Area as a heritage item on Council’s draft Local Environment Plan.’ Heritage Significance:

• Lawson was one of the first villages to be established in the Upper Blue Mountains area. Known as 24 mile hollow, it was a natural place to stop and water horses prior to the building of the road in 1832. It remained a stopover spot for people travelling to and settling the western plains of Central NSW. In this sense, it was a site of significance in terms of the development of the colony.

• Lawson was originally the main town centre to the Blue Mountains. Katoomba and even Leura were not town centres until the later decades of last century.

• Many of the shops that make up Lawson village were built in or around the 1920’s - 1930’s, a major period of development for the Blue Mountains and indeed NSW. The establishment of the Blue Mountains as a tourist destination for the working classes of Sydney is reflected in these buildings.

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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 25/6/02

ITEM NO: 36 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 25/6/2002 FILE NO: C00680 Recommendation: That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary. 1. 7/5/2002 - Planning NSW

Advising Council that the Minister for Planning on 1 May, 2002 determined to approve the development application for Wood Processing and Metallurgical Carbon Facility, Lot 544 DP 736015, Eurobodalla Local Government Area (DA 317-11-01-i), subject to a number of conditions. The consent will not become operational until a period of 28 days has elapsed after objectors are notified of the determination. Council has been advised that the consent has been granted subject to conditions, which have been imposed in order to: • “Minimise any adverse environmental impacts associated with the development; • Ensure consistency of the development with the relevant provisions of the Forest

Agreement (FA) and Integrated Forestry Operations Approval (IFOA) for the South Coast Sub-Region of the Southern Regional Forestry Agreement (RFA); and

• Ensure consistency and integration of the environmental management of the development with other developments comprising the Australian Silicon Project.”

Council was thanked for its invaluable input into the planning and assessment process in highlighting matters of concern to the local community and the broader public. In order to address these concerns the Department has set in place the requirement that the Applicant develop on-going mechanisms for community information, consultation and participation. Such mechanisms include setting up a Community Reference Panel to: (a) provide an active interface between the company and the community; (b) represent community interests in the on-going environmental management of

the development; and (c) the implementation of a Community Consultation Program.

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PRECIS OF SELECTED CORRESPONDENCE Item 36 - Ordinary Meeting, 25/6/02

Council is invited to consider continuing our important input through this process. Of most direct relevance to this Council, is consent to the use of heavy vehicle transport for inputs to the silicon smelter at Lithgow, as opposed to the rail transport option, which the Council requested be used. Comment Council adopted a Notice of Motion on 11 December 2001, that a submission be made in relation to this development proposal raising concerns regarding the increase in heavy vehicles traversing the Great Western Highway and the potential negative impacts of the Lithgow smelter on the Coxs River. This particular Development consent does not relate to the Lithgow smelter, but conditions of interest to this Council in relation to the heavy vehicle issues include: 5.37.1 which specifies the route of heavy vehicle traffic to be used in association with

the carbon reductant facility and travelling to the silicon smelter, which includes the Great Western Highway from its junction with Northern Road.

8.7 l) & m), which requires the development of a Traffic Management Plan to

outline measures to be adopted to minimise traffic impacts and a Transport Code of Conduct, tha t outlines minimum requirements for the movement of heavy vehicles to and from the site. The Code is to include matters such as speed limits, hours of operation in built up areas, behavioural requirements of drivers and load coverage requirements. Both the Plan and the Code must meet the requirements of the RTA & the Eurobodalla Shire Council.

In a separate letter from Australian Silicon Ltd, Blue Mountains Council is advised that whilst the EIS allowed for up to 10 vehicles a day in each direction along the GWH, the “possible likely figure for truck movements is 3 to 4 vehicle movements per day”. The relationship to maximum quantity of timber input to the carbon reductant facility contained within the Development Consent, and the figures quoted in this separate letter from Australian Silicon Ltd, is not known. Council officers have received verbal agreement from Planning NSW to provide Council with an opportunity for input into the Traffic Management Plan and the Transport Code of Conduct once a draft has been formulated.

2. 22/5/2002 - Denise Clark, Secretary/Treasurer, Lawson Combined Services Club On behalf of the President and Members of the Club, thanking Council staff member

for giving the Club permission once again to hold the ANZAC Day March and Commemorative Service.

3. 22/5/2002 - Jules M Martin, Wentworth Falls Commending a Council staff member for their assistance with various maintenance

related enquiries and work carried out over the last year.

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4. 23/5/2002 - 44 Petitioners from Lapstone

In the interests of safe pedestrian mobility, requesting the provision of footpaths in the

Lapstone area. 5. 24/5/2002 - 24 Petitioners from Wentworth Falls Objecting to the proposed development at 59 Great Western Highway, Wentworth

Falls. 6. 24/5/2002 - J M Blanco, Kingsford Thanking Council staff for their removal of a tree stump located in the nature strip in

front of a property in Mount York Road, Mount Victoria. 7. 28/5/2002 - Brenton Taylor, Executive Director, Local Government and Shires

Associations of NSW Regarding the Federal Budget rescheduling of $100 million for the Roads to Recovery

Programme from 2002-03 until 2004-05. Confirming revised funding arrangements for the programme and advising that the Commonwealth will write to each council shortly about the level of funding they can expect to receive, the arrangements for 2002-03 and giving contact details. Noting also that the Presidents have written to Mr John Anderson MP, expressing disappointment with the rescheduling of the Programme and indicating the likely impact these altered funding arrangements will have on councils and local communities in NSW.

8. 29/5/2002 - David Jackson Thanking Council, on behalf of Link-Up NSW Aboriginal Corporation, for its support

of the Sorry Day held at the Clairvaux Centre. 9. 30/5/2002 - The Hon R Debus MP, Member for Blue Mountains In response to Council’s letter concerning the future of maternity services at Blue

Mountains District ANZAC Memorial Hospital, Katoomba. Enclosing an information package comprising a media statement explaining the problems and solution, a briefing paper prepared by the Greater Metropolitan Transition Task Force, a recent article from the Medical Journal of Australia discussing the shortage of obstetricians, and a media release from the Minister for Health and Keep Birthing in the Mountains.

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10. 3/6/2002 - Ray Hunt, Springwood Expressing appreciation to Council staff for drainage and kerb and guttering works

carried out in Park Avenue, Springwood. 11. 4/6/2002 - Pat Barbien, Bunya Child Centre Incorporated Thanking Council for its Community Assistance Donation of $300 to be used for a

serving trolley for the Child Care Centre. 12. 6/6/2002 - C Carylon, Valley Heights Thanking Council for its prompt action in removing and replacing the damaged bus

seat outside 11 Great Western Highway, Valley Heights. 13. 13/6/2002 - N and B Brennan-Grazier, Blackheath Expressing appreciation to Council and its contractors for the efficiency shown in

expediting recent improvements to Bettington Road, Blackheath. 14. 13/6/2002 - 219 Petitioners from Mid Mountains Seeking Council’s immediate action to obtain a moratorium on all SEPP 5

development in the Blue Mountains until such time as the issues surrounding SEPP 5 development are properly accessed in public forums. In addition, calling for the immediate public exhibition of the proposed draft LEP 2000 and the implementation of a Development Control Plan for the land within the precinct of San Jose Avenue, Hughes Avenue, Badgerys Crescent and Fairview Avenue at Lawson.

15. 17/6/2002 - Howard Scott, Leura Commending Council for the construction of the footpath now being laid in Scott

Avenue, Leura and suggesting that a similar footpath be constructed along Sublime Point Road, Leura.

16. 18/6/2002 - Dennis Reed, Blaxland Thanking Council staff for the provision of approximately 100 metres of footpath

along the south side of Hope Street, Blaxland, eliminating high risk trouble spots. 17. 19/6/2002 - 36 Petitioners from Springwood Requesting Council to finish kerbing and guttering work in Park Avenue, Springwood

as a matter of urgency.

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RESPONSES TO QUESTIONS WITH NOTICE (30/4/02) Ordinary Meeting, 25/6/02

ITEM NO: 37 SUBJECT: PUBLIC FUNCTION - PRYOR PLACE FAÇADE MURAL FILE NO: C05301 Question by Councillor H Kozelj (30/4/02):

“1. How many Councillors were advised about the public function and official opening of the excellent reproduction of Renis Zusters’ artwork by Blackheath artist Ms Brigitte Hansen?

2. How many people were invited for lunch after the photo shoot? 3. Did Council pay for this function, and if so, how much? 4. Did the Mayor or Council invite any other tradesperson or workers working in

the main street revitalisation for lunch on Council expenses at any time?”

Response from General Manager: 1. By way of background, following consultation between the Council’s

Communications Specialist and the Katoomba Project Manager, it was agreed to acknowledge the people involved in the mural project in Katoomba Street. At the opening a plaque would be unveiled. Those invited are listed below.

2. The Council invited Mrs Venita Salnaijs (Zusters) and 2 of Mr Zusters’ children,

Birgette Hansen (Mural Artist), Gordan Thompson (Building Owner), a representative of the Katoomba Mainstreet Committee, Philip Noblis (Architect), the Hon. Bob Debus (Local Member), Councillor Terri Hamilton and the Mayor (members of the Katoomba and Echo Point Implementation Advisory Task Force). Relevant staff were asked to attend, being the General Manager, Group Manager Strategy, and three (3) staff members of the Katoomba Revitalisation Project Team.

An invitation was extended to a representative of the Blue Mountains Gazette to take some photos and provide a positive article in the newspaper.

It is understood that not all those invited attended including Mrs Zusters children, the Hon Bob Debus and some staff members. No guests were invited for lunch by Council.

3. Council did not pay for any refreshments.

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RESPONSES TO QUESTIONS WITH NOTICE (30/4/02) Item 37 - Ordinary Meeting, 25/6/02

4. Council invited those mentioned in response to Question 3. The Mayor’s response is

reported below. As a result of the Question on Notice, the Mayor provided me with the following comments to the questions raised:

“My understanding of the matters raised is as follows:- 1. The Official Opening of the Reinis Zusters Mural was held on Thursday, 18th

April at the site of the Mural in Pryor Place. According to the guest list there were Mrs. Venita Zusters and two of Mr. Zusters children, the artist Brigette Hansen, Counc il’s Consultant in the Project, Phillip Nobis and various other members of the public that attended that were not on the list given to me.

Councillor Hamilton was in attendance as a Ward One Councillor and Chair of

the Katoomba Revitalisation Taskforce. Councillor Kozelj, I presume, would not have been invited as he has specifically requested, on numerous occasions, that he does not wish to be associated with the Katoomba Revitalisation Project. Cr. Kozelj has reinforced this position in a recent conversation I have had with him.

Reinis Zusters’ children were not able to attend but the formal opening went

ahead and, at the conclusion, Venita Zusters and other participants were invited by myself to a local coffee shop.

Mrs. Zusters thoroughly enjoyed her raisin toast and cappuccino and I would

recommend the chicken and avocado sandwich that comes with a small portion of fries and salad for lunch at Journeys Café. I did not take a lot of notice of what the other participants had but most had a cup of tea or coffee.

2. This question is a private matter. 3. The morning tea that I attended was certainly not paid for by Blue Mountains

City Council but by myself. 4. I certainly have not invited or attended any lunches or otherwise with

tradespersons or workers (or anyone else for that matter) that are involved with working on the Katoomba Street Revitalisation Project.

I have noticed, however, that the workers did enjoy the excellent cuisine served at the local pie shop in Katoomba Street during various times of the work.

In conclusion, I am puzzled to the reference in the question to the minutes of the “Advisory Committee of Thursday, 11th April, 2002”. I fail to see how the minutes or details of the meeting of the Katoomba Revitalisation Focus Group has any bearing on the duties of the Office of Mayor.”

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QUESTIONS WITH NOTICE Ordinary Meeting, 25/6/02

ITEM NO: 38 SUBJECT: POLICE REPORT ON THE OUTCOME OF THE INVESTIGATION

INTO THE BOMBING OF COUNCIL IN 1992 FILE NO: H00586 Question by Councillor C Gaul 25/6/02):

“Has Council received a report on the results of the Investigation into the bombing of Council in 1992, from the Minister for Police or Commissioner for Police, or any body such as the National Crime Authority?”

Page 210

QUESTIONS WITH NOTICE Ordinary Meeting, 25/6/02

ITEM NO: 39 SUBJECT: RECYCLING OF BUILDING MATERIALS DURING DEMOLITION FILE NO: C00895 Question by Councillor C Gaul 25/6/02):

“What recycling measures is Council required, under the Environmental Planning and Assessment Act, to institute when approving demolition, in order to minimise demolition materials entering the waste stream and ending up in our already overstretched tips?”

Documents

ITEM NO: 1 SUBJECT: EXPRESSIONS OF INTEREST FOR THE ... · 1. That Council invite the firms of: Walter Construction Group Ltd, Glascott Group, J A Bradshaw Pty Ltd, North Shaw Paving