PROVIDE GOOD GOVERNMENT Ordinary Meeting, 18/2/03€¦ · PROVIDE GOOD GOVERNMENT Ordinary Meeting, 18/2/03 ITEM NO: 1 SUBJECT: DECEMBER QUARTER 2002 PROGRESS REPORT - MANAGEMENT

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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 18/2/03

ITEM NO: 1 SUBJECT: DECEMBER QUARTER 2002 PROGRESS REPORT -

MANAGEMENT PLAN, OPERATING BUDGET AND CAPITAL WORKS PROGRAM

FILE NO: Recommendations: 1. That the General Manager’s report together with the “Management Plan

2002/2003 Quarterly Report on Performance Targets Second Quarter July – December 2002” (separately enclosed) be endorsed.

2. That the General Manager’s Report incorporating the separate documents titled:

�� Budget Review December 2002 �� 2002/2003 Capital Works Programme Quarterly Review December 2002 be

noted. 3. That the variations of income and expenditure as identified in the documents titled

Budget Review December 2002, and 2002/2003 Capital Works Programme Quarterly Review, be approved and voted for 2002/2003.

Report by General Manager: This is the second quarterly progress report on this year’s performance targets, being Year 3 of Council’s 4 year Management Plan. The document Management Plan 2002/2003 Second Quarter Report October – December 2002 (separately enclosed) provides information on overall progress and performance in a concise and readable format. The 2002/2003 Performance Targets nominated by Group Managers contribute to the overall Performance Targets as stated in the four year Management Plan. The concept of illustrating the performance status for Management Plan actions graphically has been continued. The status for each action that has commenced or is due to commence will therefore again be identified on a graded bar chart indicating whether each performance target is: Above Target, On Target, Below Target or Off Target. Please note that some actions are scheduled to commence later in the financial year and where this occurs the status has therefore not been recorded. Some actions also do not necessarily commence on the 1st day of the quarter.

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PROVIDE GOOD GOVERNMENT Item 1 - Ordinary Meeting, 18/2/03

Summary of Second Quarter 2002/2003 Progress As indicated, this report is for the first quarter of the third year of Council’s adopted four-year program. Key achievements and exceptions are listed below. A. Key Achievements for the Second Quarter: Planning for a Sustainable Future �� Developed sustainability assessment approach for development of the Capital

Works Program. �� DLEP Exhibition completed in line with adopted schedule and meetings with

community, stakeholder and industry groups held as required throughout exhibition.

�� City Strategy progressed – community endorsed vision to guide course of action work adopted by Council, December 2002.

Provide Good Government �� Developed Decision Making Framework to provide transparency, equity and

linkages the City Strategy in the development of the Capital Works Program. �� Community Benchmarking Survey of Council performance completed in December

2002. Provide Quality Local Government �� Office Accommodation completed on schedule �� Completed Springwood Town Square and held opening ceremony. �� Organised and successfully conducted a Regional PA Network Conference �� Prepared and adopted an Audit Plan for 2002-03

Protection of the Natural Environment �� Public Lands Rationalisation study and draft recommendations placed on public

exhibition �� Upper Kedumba Valley (The Gully) draft Plans of Management placed on public

exhibition �� Draft Policy on implementing the regulations for the control of burning placed on

public exhibition �� Bushcare Procedures Manual adopted by Council �� Blue Mountains vegetation maps and vegetation report published and available for

purchase �� Bushfire Prone Land Mapping completed as required under the Rural Fires and

Environmental Assessment Amendment Act, 2002 �� Draft Open Burn Policy established and placed on public exhibition �� Council’s community water monitoring groups ‘Living Streams’ received 3

Awards from the Department of Land and Water Conservation

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Land Use Management �� Completed a guide to assist Council officers, the community and the building

industry in determining appropriate controls for protecting infill residential development in bushfire prone areas.

Health & Safety Management �� Preparation of a Companion Animals Management Plan underway.

Emergency Management �� Land agreement reached with Rail Infrastructure Corporation for leasing of land for

the Valley Heights Rural Fire Brigade Station. �� Co-operative Training with SES on Emergency Arrangements. �� Lectured at the Australian Institute for Emergency Management on Emergency

Management in Local Government. �� Finalised Christmas 2001 Fire Trail Rehabilitation. �� Presented to the Peel District Emergency Management Committee (Tamworth) on

the achievements of the Blue Mountains LEMC. �� Provided Support, Co-ordination and staff for the suppression of the Mt Hay Bush

Fire �� Appointed new SES Local Controller (Mr Costa Zakis) following resignation of

David Parsons. �� Commenced program to encourage Out of School Hours facilities to have

comprehensive emergency management plans in conjunction with City Living. �� Developed protocol and process kit for opening of evacuation centres during

bushfire or other emergencies Facilitating Community Development �� Over 1000 children and their parents / carers attended the play sessions for

Childrens Week and the General Manager accepted and Award on behalf of Council for the quality of this program, at a ceremony at Government House in October.

�� Council adopted the model and resources to implement the Youth Council �� Draft Conservation Management Plans for Blue Mountains Cemeteries adopted by

Council. �� Assisted Mountains Community Transport in removing graffiti damage to

community busses. �� Commencement of Springwood Car Park Graffiti Project in partnership with

Winmalee youth centre. Promoting Economic Development & Supporting Tourism �� Blue Mountains Business Advantage Program secured funding.

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Provision of Recreational and Community Services/Facilities �� Final plans and funding for St Johns Road Recreation Precinct adopted by Council �� The Premises Review Panel and Terms of Reference adopted by Council as part of

implementation of the Community Buildings Policy. �� No. 4 Station Street transferred from commercial to community use and the

Premises Review Panel resolved to lease No. 4 Station Street to Blue Mountains Community Legal Aid

�� Under this principal activity 29 projects have commenced and 13 projects are completed

�� Lawson Skate Park tenders close January 2003 Lower Blue Mountains Aquatic Centre �� Project continuing – excavation for plant rooms and service ducts 60% complete,

all bored piers complete. B. Exceptions Reported for Second Quarter: Provide Quality Local Government �� Review Information Technology Strategy for alignment to business needs – this

project is still expected to be completed this financial year when resources come available in April 2003.

�� Review Council’s competition policy to ensure outcomes are being achieved– this project is still expected to be completed this financial year when resources come available in March 2003.

Planning for a Sustainable Future �� Condition based maintenance program had a deferred start while City Solutions did

office accommodation, but expected can complete programs within remainder of financial year.

�� City Sustainability currently reviewing WRAPP. In progress – transfer of Waste Education officer position to Assets now resolved. Likely status at end of financial year will be behind schedule.

Financial Position Councillors are referred to the separately enclosed document titled Budget Review December Quarter 2002. The Budget Review is prepared by the Responsible Accounting Officer in accordance with the Local Government (Financial Management) Regulation and details budget variations that have now been identified and which have not previously been adopted by the Council. As indicated Budget Review, the Estimated Working Capital position at 30 June 2003 is estimated to be of $2,231,062. This estimated position incorporates the Carry forward revenue votes adopted by Council on 25 August 2002 of $1,285,021, the 2002/2003 budget deficit of $217,194, additional funding of $35,000 voted on 10 September 2002 to the Echo Point Revitalization Project, an additional contribution of up to $120,000 for the Bungarrabee Centre’s project, and the $203,277 net positive variation recommended in this September and December Reviews. The reasons and the nature of the variations contributing to the net positive variation of $203,277 are detailed in the separate document.

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The following reconciliation therefore illustrates the expected Working Capital position as at 30 June 2002: Actual Working Capital - 1st July, 2002 3,685,000 Adopted Council Resolutions (Carry forwards) (1,285,021)Adjusted Working Capital – 1st July 2002 $2,399,979Original Budget Result (217,194)

Additional Council resolutions – September Quarter (155,000)September 2002 Review 58,316December 2002 Review 144,961

Estimated Working Capital – 30th June 2003 $2,231,062

Under the Local Government (Financial Management) Regulation the Council’s Responsible Accounting Officer is also required to formally report on whether the Council’s financial position is considered “satisfactory” and if not, what remedial action needs to be taken. In the accompanying Budget Review document the Responsible Accounting Officer has reported that the Council’s financial position is considered “satisfactory”. Council’s Estimated Working Capital position is in fact comfortably above Council’s optimum Working Capital range of $1.1 Million to $1.3 Million. However, this does not mean that the surplus above the optimum range is freely available. Councillors will recall that it has been foreshadowed that portion may be required to be restricted to fund a major project. Capital Works Programme Progress of the 2002/2003 CWP is largely on track against the planned schedule. To the quarter ending 31 December 2002, forty-six (46) projects had been completed against a planned target of forty-eight (48). There are some thirty-five (35) projects scheduled for completion by 31 March 2003 (Q3) and a further fifty-eight (58) projects, including predominantly all of the designated fourteen (14) projects under the program of 'Major Projects', such as Katoomba St/Gang Gang St/Old Bathurst Rd Roundabout, Studleigh Place Toilet, the Carrington site and Echo Point etc. From a financial perspective, the expenditure to date shown in the table below, is understated by the order of one million dollars ($1M) due to invoices and payment reconciliation as well as a back charge of project management fees that have to be applied. These matters will be resolved by the end of February 2003.

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CWP Comparison (2000/2001 to 2002/2003) 2000/01 Mid Year 2001/02 Mid Year 2002/03 Mid Year Total Budget ($) 14,051,136 15,236,150 22,798,995#YTD Expenditure $ 3,497,358 3,127,631 6,714,125*% Expenditure 25 % 21 % 30 %No of Projects 150 147 141No of Projects Completed

42 41 46

# includes $ 4,434,390 in carry overs from 2001 / 02 * excludes $1M+ not invoiced, Project Management fees and further invoice/payment

reconciliations - more realistic YTD expenditure figure is $8M or 35 % budget expended

Councillors are also referred to the separately enclosed document titled Capital Works Programme Quarterly Review December 2002 for comments on individual projects. Further Information Councillors are reminded that they are welcome to contact the Group Managers if they would like further information on what is contained in the various December Quarterly 2002 Progress Reports, as are residents.

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ITEM NO: 2 SUBJECT: ACCESS TO INFORMATION, COUNCIL STAFF AND COUNCIL

PREMISES BY COUNCILLORS FILE NO: Recommendations:

1. That the report on Councillor Access to Information, Council Staff and Council

Premises be received and noted. 2. That the policy for Access to Information, Council Staff and Council Premises by

Councillors be adopted. Report by General Manager: 1 INTRODUCTION Council has adopted a policy on Councillor Access to Records and other protocols have are in place to manage the provision of advice to Councillors. However, as Councillors have been informed changes to the Local Government Act have rendered aspects of Council’s current Policy more restrictive to Councillors than to members of the public. Until a policy review was undertaken and new policy adopted, the Public Officer has enacted the current statutory provisions to ensure that Councillors are not disadvantaged. The Policy review has had regard to previous Council policies and protocols and the ICAC/Department of Local Government publication Under Careful Consideration - Key Issues for Local Government. It has also had regard to more recent ICAC publications arising from its Rockdale investigations. As a result the revised policy clarifies the original policies intention and ensures consistency with current legislation as well as brings together the various policies and practices relative to this area into one document. Importantly the Policy also does not detract from any rights currently enjoyed by Councillors under existing policy guidelines and provides a reminder to Councillors, staff and the community as to the standards of behaviour espoused by this Council. 2 BACKGROUND In 1997 the publication Under Careful Consideration - Key Issues for Local Government was released. This publication was the result of a joint project undertaken by the NSW Department of Local Government (DLG) and the Independent Commission Against Corruption (ICAC). Through their extensive work with Local Government, both organisations identified two areas where problems repeatedly arise. Of relevance here is the issue that Councils have in defining the roles and responsibilities of Councillors and staff and how to manage their interaction.

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The joint investigative bodies appreciate any Local Government Council has a complex web of relationships between Council staff and Councillors. These contacts are necessary and essential to the smooth functioning of a Council, as they allow Councillors access to information and staff. Nevertheless, they need to be carefully managed to ensure appropriate protocols are in place to avoid any problems that may arise. To ensure the relevance and usefulness of the final product, the project team consulted widely during the research and development phase of the project with local councils, peak bodies and other relevant organisations that work with Local Government. ICAC and DLG records were also reviewed to identify key issues and case studies. Before its release, a draft of the publication was sent to several councils and relevant external bodies for review. Since then many councils have adopted (with or without amendments) the model policy contained in the joint publication. The principles espoused in the publication have been supported by this Council in managing the relationship between Councillors and staff even though not formalised in one policy document as envisaged by the ICAC and Department of Local Government. This Policy document seeks to rectify that situation. Council’s Access to Records Policy was adopted on 11 February 1997. The Policy at the time had regard to existing access provisions (ie Section 12) of the Local Government Act, which were more restrictive that is the case now. As a result of changes to the Local Government Act, members of the public have easier and greater access to Council information than is recognised under Council’s Policy adopted in 1997 for Councillors. It is interesting to note that ICAC in its “Taking the Devil Out of Development” publications specifically acknowledges the three unique and conflicting roles of Councillors in local government (ie law maker, advocate and decision maker); roles not exercised neither by state and federal parliamentarians. As a part of its response to the Rockdale Council Enquiry, seeks statutory reforms including special recognition of a Council’s role in determining land use applications, provisions to manage the problems associated with the interaction of this role, and strengthening the independence of Council staff and reinforcing the obligations of staff to provide objective advice. From the experience of the investigative bodies into local government across the local government industry, some issues that have arisen when Councillors and staff try to carry out their respective duties are:

�� Councillors approaching staff directly for particular assistance or information (confidential or otherwise) not generally available to the public.

�� Councillors or staff seeking access to information on a matter in which they have a conflict of interest.

�� Information being provided on a sensitive or controversial matter. �� The motives for a Councillor or staff member seeking information not being clear

as the matter is not currently before Council, nor is it a matter that would normally be of interest.

�� Councillors approaching staff to put pressure (or being seen as putting pressure) on staff to make particular decisions or recommendations.

�� Staff inappropriately lobbying Councillors on policy issues.

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�� Informal or inappropriate communication between Councillors and staff where

Council related information is exchanged. For example, where there is social contact between Councillors and staff, particularly in small communities.

�� A tendency for some Councillors to become involved in the day-to-day operations of the Council.

�� Councils having no written policy or procedures on how Councillors and staff should interact.

�� Records not being kept of contact between staff and Councillors. �� Councils not having a Code of Conduct to provide guidance on the issue. �� Councillors not clearly understanding their authority outside the forum of Council

meetings.

As a response to the Rockdale Council Enquiry, ICAC have re-enforced the necessity for the interaction between councils and staff, but this interaction needs to be properly managed to ensure that staff provide independent, impartial and objective advice.

3 POLICY REVIEW

3.1 Considerations

The formulation of this Policy has had regard to:

�� Councillors’ right to information for civic purposes. �� The desire not to restrict a Councillor's legal right of access to staff and

information. �� The principle that all public officials have a duty to act with integrity, honesty

impartiality and in the public interest. �� Council’s Code of Conduct, Standards of Ethical Behaviour, and previously

adopted policies, procedures and protocols eg Policy on Access to Records; Policy on the Use of Information, and Protocols for the provision of alternate advice to Councillors on Land Use Application Report Recommendations.

�� The role and responsibilities of the General Manager as outlined in the Local Government Act.

�� The staff's responsibility to help Councillors make the best decisions and the giving of frank advice without fear of reprisal.

�� Publications like “Under Careful Consideration” and “Taking the Devil Out of Development”.

3.2 Appropriate contact between Councillors and staff The joint policy guidelines by ICAC/DLG suggest that Staff and Councillors can ask themselves the following questions to help decide if the contact is appropriate:

�� Can I justify the need for the information or the approach to staff or Councillor? �� Do I feel comfortable supplying the information or discussing this issue? �� Is it information that is publicly available, whether by statute or Council policy? �� Is its release required to enable me to do my civic duty? �� How would a member of the public view my giving or receiving this information?

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�� Am I the right person to ask? �� Does Council normally charge for this service? �� Am I entitled to the information under relevant legislation (for example, Local

Government Act, Freedom of Information Act)?

Contact should not be made where:

�� It cannot be justified to members of the public. �� The information requested is not necessary for the performance of a Councillor's

role. �� It is known or should be known that the information should not be sought, nor

expected to be provided.

3.3 Ensuring an adequate and regular exchange of information Council must have mechanisms in place to enable adequate and regular exchange or information both for operational and policy issues so that informal, ad hoc interactions between Councillors and staff is minimised. This can be achieved by encouraging open and effective communication in the Council through forums for Councillors and staff, the presence of staff at Council meetings, involving staff in strategic planning and policy reviews, and regular reports to Council. 3.4 Impartial Treatment Councillors must be treated impartially and in the same manner as any other member of the public. Councillors should not expect or be given preferential treatment because of their position. Care needs to be taken to avoid perceptions that they are being favoured or treated differently. In doing so, however, Council should avoid any conduct that effectively denies the Councillor his or her rights. 3.5 Social Contact between Councillors and Staff Councillors and staff may often mix in the same social circles, or have associations through sporting, business or family interests. The policy re-enforces the need for both parties to observe their obligations outside work and of the sanctions associated with any breaches. Obviously, in certain situations interaction between Councillors and staff can be very useful, such as participating in Councillor Briefing Sessions, workshops, training sessions and the like. This strategy should not be interpreted so narrowly that Council prohibits such practices as staff and Councillor meals before or after a Council meeting. However, any interactions that could be of concern should be recorded and reported to the General Manager, Mayor or Executive Officer. 3.6 Applying Sanctions For the policy to be effective, appropriate sanctions have been included. Any sanctions imposed must not interfere with the Councillor's statutory or common law rights to conduct their civic duties, but should send a clear message to Councillors and Staff that a breach of the law or policy is unacceptable. The sanctions applying to both Councillors and Staff under Council’s Code of Conduct are adopted here for consistency.

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KEY POLICY REQUIREMENTS In brief, some key points of the Policy put forward are:

�� The Policy falls under the umbrella of Council’s Code of Conduct and its Standards of Ethical Behaviour;

�� Councillors have the same rights of access (and copying) as members of the public �� Councillors can inspect any record of Council relevant to the exercise of their civic

office – requests should be made through the General Manager or Public Officer. �� Disclosure of Councillor information obtained for civic office does not infer a right

of public disclosure unless the information is already in the public domain. The Policy refers to specific guidance contained in Council’s Standards of Ethical Behaviour and further guidance will be provided by the Executive Officer on individual matters;

�� Councillors requiring advice should contact the General Manager, Executive Officer or relevant Group Manager in the first instance (or their Executive Assistants if the senior officers are unavailable);

�� Councillors seeking officer guidance on an alternate decision to that recommended in a land use application report should notify the General Manager to ensure proper separation of roles;

�� Councillors have access to all public areas of Council and other specified areas; �� Breaches of Policy will be dealt with under Council’s Code of Conduct.

CONCLUSION Council’s current policies and practices in this area work well. This policy brings together those various policy and practices and has regard to the joint Key Issues publication in setting out a clear concise process for dealing with information under the umbrella of Council’s Code of Conduct. Councillors have a right to Council information that is necessary for exercising the functions of civic office. The Local Government Act requires that Councillors acting collectively direct and control the Council's affairs, allocate resources, determine policy and monitor the Council's performance. As individuals, Councillors communicate council policy and decisions to the community, exercise community leadership and represent the views of the residents and ratepayers to Council. All this needs access to information. This policy and its practices will enable the Council and Councillors to avoid any perception of wrong doing when exercising the rights, as an elected representative, particularly, the appearance of trying to improperly influence staff. This Policy will replace Council’s current Access to Records Policy.

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ITEM NO: 3 SUBJECT: COMMUNITY SURVEY 2002 FILE NO: C01905 Recommendations: 1. That Council note the results of the Community Survey conducted by IRIS Research

in December, 2002.

2. That the results of the Community survey be well publicised to the Blue Mountains community through: - local media; - placement of the final reports in all libraries across the Mountains; - placement of the final reports on Council’s web site; and -making a summary of results available to interested residents.

3. That Council take into consideration the overall results of the Community Survey in its

annual business planning and budgetary processes and in the development of the City Strategy.

Report by Group Manager, City Sustainability: This report presents the results of the Blue Mountains City Council Community Survey conducted in late 2002 and recommends appropriate follow-up action including dissemination of survey results to the community. Final results of the survey were presented to a Councillor Briefing session held on the 11th of February 2003. Copies of the Community Survey report have been enclosed for Councillors under separate cover. Background IRIS Research was commissioned to conduct a citywide telephone survey of residents with the aim of assessing community satisfaction with Council service provision and performance. This is the second community survey conducted by IRIS Research and the fourth since Council began monitoring community perceptions of Council service delivery. Community surveys were previously implemented in 1996 (Hunter Valley Research Foundation), 1998 (The Centre for Local Government Research) and in 2000 (IRIS Research).

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A Steering Committee comprising elected Councillor representatives from each Ward, as well as Group Managers, was established to guide development of the survey instrument. An important aspect of the project was to assess changes over time in community perceptions of Council service delivery by comparing results of the 2002 survey with benchmarks established in the 2000 survey. The survey also identified current issues of major concern to residents at the town and citywide levels. Community Survey The survey was conducted in late October and early November 2002. A total of 515 interviews were conducted over the phone with a representative sample of residents. A quota sampling procedure was employed to ensure that representative numbers of residents from different age groups, genders and areas were selected for interview. To qualify for an interview, respondents had to be aged 16 or older and have resided in the Blue Mountains for at least the last 6 months. The survey had a completion rate of 60%. A completion rate of at least 50% is regarded as being acceptable for this type of survey. The high completion rate, statistically valid sample size and the representative cross-section of residents surveyed, indicates that the survey findings provide a relatively sound basis for gauging community opinion. Survey Results - Importance and Satisfaction with Council Services and Facilities Survey respondents were asked to assess 46 services and facilities provided by Council (see Table 1) in terms of their importance and satisfaction with provision. The 2002 Community Survey results indicate that Council is providing many of the services and facilities rated as important by residents at a satisfactory level or above. The data suggests that there is a general increase in the level of resident satisfaction with 17 of the 46 individual services/facilities tested achieving higher satisfaction scores than in the 2000 baseline community survey. Despite the evidence of a general upward trend in satisfaction with Council performance, analysis also suggests there are still many opportunities for improvement. Simultaneous analysis of importance and satisfaction ratings indicated that Council needs to place a greater emphasis on improving the following services and facilities: 'Clean creeks and waterways', 'litter control', 'maintenance of public toilets', 'sealed road maintenance', 'lighting of public areas', 'parking for shoppers', 'managing residential development', 'bush regeneration', 'consultation with the community by Council', 'generating local employment opportunities', 'provision of public toilets'.

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Table 1: Council Services and Facilities Assessed

Recreation Services and Facilities 1. Provision of ovals and sporting grounds 2. Maintenance of ovals and sporting grounds 3. Provision of swimming pools 4. Maintenance of swimming pools 5. Availability of parks and playgrounds 6. Maintenance of parks and playgrounds 7. Availability of lookouts and walking trails 8. Maintenance of lookouts and walking trails General Community Services 9. Library services 10. Provision of community centres and community halls 11. Maintenance of community centres and community halls Waste and Community Health 12. Litter control 13. Street cleaning 14. Garbage collection 15. Recycling 16. Annual Bulky waste pick up 17. Kerbside chipping of green waste 18. Animal control Public Amenity 19. Provision of public toilets 20. Maintenance of public toilets 21. Bushfire prevention and rural fire brigades 22. Maintenance of commuter parking 23. Parking for shoppers

Environmental Protection 24. Protection of natural bushland 25. Clean creeks and waterways 26. Weed control 27. Bush regeneration Infrastructure and Traffic Services 28. Sealed road maintenance 29. Unsealed road maintenance 30. Availability of bus shelters 31. Maintenance of bus shelters 32. Footpaths around shopping centres and community facilities 33. Pedestrian access generally around shopping centres 34. Lighting of public areas Planning and Development Services 35. Managing residential development 36. Protection of heritage value buildings 37. Town centres and village atmosphere 38. Enhancing the built environment 39. Generating local employment opportunities Services for Special Needs Groups 40. Children’s services within the area 41. Youth services and facilities 42. Services and facilities for older people 43. Facilities and services for people with a disability Council Communication 44. Information on Council services 45. Consultation with community by Council 46. Information about Council decisions

Of the services and facilities assessed the following achieved importance ratings significantly above the overall average:

- Bush fire prevention and rural fire brigades - Clean creeks and waterways - Garbage collection - Recycling - Litter control - Protection of natural bushland - Maintenance of public toilets - Sealed road maintenance - Pedestrian access generally around shopping centres & community facilities - Lighting of public areas - Parking for shoppers - Managing residential development - Maintenance of parks & playgrounds - Footpaths around shopping centres & community facilities - Bush regeneration

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Of the services and facilities assessed the following achieved satisfaction ratings significantly above the overall average:

- Garbage collection - Recycling - Bush fire prevention & rural fire brigades - Library services - Availability of lookouts & walking trails - Maintenance of swimming pools - Availability of parks & playgrounds - Pedestrian access generally around shopping centres & community facilities - Provision of ovals & sporting grounds - Maintenance of lookouts & walking trails - Footpaths around shopping centres & community facilities - Maintenance of community centres & community halls - Provision of community centres & community halls - Maintenance of parks & playgrounds - Protection of natural bushland - Maintenance of ovals & sporting grounds - Maintenance of commuter carparks - Annual bulky waste pick-up

Prioritising Services and Facilities - Quadrant and Gap Analysis Understanding where resources should be targeted is a challenging task given the range and number of service provision areas requiring attention. Many factors need to be taken into account. City-wide community surveys provide important information from the perspective of understanding overall resident perceptions and priorities. It should be noted that such surveys generally do not bring out the needs of “minority groups” such as children or older people – specific work targeting these groups is required to identify their specific needs. In analysing the results of the BMCC community survey two specific tools - quadrant analysis and gap analysis - have been used to enable resident priorities around service delivery to be considered. Quadrant Analysis Quadrant Analysis provides a framework for simultaneously analysing the stated importance a service holds for residents against their satisfaction with the provision of that service. The results of the quadrant analysis are displayed in Table 2. Each of the four quadrants has a specific interpretation: Quadrant 1: The upper right quadrant (high importance and high satisfaction) can be

viewed as representing current Council service strengths. Quadrant 2: The upper left quadrant (high importance but relatively lower satisfaction)

denotes services where satisfaction should be improved. It identifies potential areas for immediate attention.

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Quadrant 3: The lower left quadrant (relatively lower importance and relatively lower

satisfaction) represents lower priority services. Quadrant 4: The lower right quadrant (relatively lower importance and high satisfaction)

is often interpreted as representing ‘overkill’ services where effort exceeds expectations.

Table 2: Opportunities Matrix for Council Services and Facilities

2. HIGHER IMPORTANCE LOWER SATISFACTION

1. HIGHER IMPORTANCE HIGHER SATISFACTION

��Clean creeks and waterways ��Litter control ��Maintenance of public toilets ��Sealed road maintenance ��Lighting of public areas ��Parking for shoppers ��Managing residential development ��Bush regeneration ��Consultation with the community by

Council ��Generating local employment opportunities ��Provision of public toilets

��Bush fire prevention & rural fire brigades ��Garbage collection ��Recycling ��Protection of natural bushland ��Pedestrian access generally around

shopping centres & community facilities ��Maintenance of parks & playgrounds ��Footpaths around shopping centres &

community facilities ��Availability of parks & playgrounds ��Maintenance of lookouts & walking trails ��Annual bulky waste pick-up

3. LOWER IMPORTANCE LOWER SATISFACTION

4. LOWER IMPORTANCE HIGHER SATISFACTION

��Facilities & services for people with a disability

��Town centre & village atmosphere ��Weed control ��Animal control ��Information of Council services ��Information about council decisions ��Youth services & facilities ��Children's services within the area ��Curbside chipping of green waste ��Enhancing the built environment ��Unsealed road maintenance ��Maintenance of bus shelters ��Availability of bus shelters

��Maintenance of commuter carparks ��Services & facilities for older people ��Availability of lookouts & walking trails ��Library services ��Protection of heritage values & buildings ��Street cleaning ��Maintenance of swimming pools ��Maintenance of ovals & sporting grounds ��Provision of community centres &

community halls ��Provision of swimming pools ��Provision of ovals & sporting grounds ��Maintenance of community centres &

community halls Gap Analysis It is important to consider the gap between importance and satisfaction ratings for services. Gap scores can be calculated by subtracting satisfaction scores from importance scores to give a performance gap. Usually, the bigger the gap between importance and satisfaction, the greater the gap between Council’s performance in service provision and resident expectations. Services with the highest gap scores are ones where Council is not completely meeting community expectations and the ones with the lowest scores are where Council performance is closest to community expectations.

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Table 3 provides and overview of gap scores for each service or facility. Most importantly, it presents a comparison of gap scores between the 2002 and the 2000 survey results - showing trends in Council performance.

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Table 3: Changing Perceptions of Council Performance – 2000 to 2002

Service and Facility

Performance

Gap* 2000 2002

Change in score

IMPROVEMENT – Areas where perceptions appear to have improved Garbage collection Recycling Youth services & facilities Facilities & services for people with a disability Weed control Clean creeks and waterways Street cleaning Maintenance of public toilets Generating local employment opportunities Services & facilities for older people Consultation with the community by Council Maintenance of bus shelters Bush regeneration Provision of public toilets Information of Council services Maintenance of lookouts & walking trails Protection of heritage values & buildings Animal control Children's services within the area Town centre & village atmosphere Maintenance of swimming pools Protection of natural bushland Maintenance of community centres & community halls

1.66 1.23 1.97 1.57 1.79 2.04 1.13 2.09 2.03 1.26 1.74 0.68 1.30 1.81 1.10 1.00 0.97 1.22 1.16 1.12 0.71 1.28 0.62

0.34 0.69 1.45 1.14 1.40 1.67 0.82 1.78 1.73 0.97 1.48 0.43 1.08 1.59 0.93 0.83 0.81 1.07 1.01 0.98 0.59 1.17 0.51

-1.32 -0.54 -0.52 -0.43 -0.39 -0.37 -0.31 -0.31 -0.30 -0.29 -0.26 -0.25 -0.22 -0.22 -0.17 -0.17 -0.16 -0.15 -0.15 -0.14 -0.12 -0.11 -0.11

NO CHANGE – Areas where there appears to have been little or no change in perceptions

Sealed road maintenance Library services Availability of bus shelters Enhancing the built environment Lighting of public areas Parking for shoppers Maintenance of commuter car parks Managing residential development Pedestrian access around shopping centres & community facilities Unsealed road maintenance Maintenance of parks & playgrounds Availability of parks & playgrounds Maintenance of ovals & sporting grounds Footpaths around shopping centres & community facilities

1.74 0.54 0.57 1.02 1.28 1.41 0.61 1.70 0.88

1.12 0.98 0.75 0.63 0.84

1.65 0.45 0.48 0.97 1.26 1.39 0.60 1.70 0.88

1.15 1.01 0.80 0.69 0.93

-0.09 -0.09 -0.09 -0.05 -0.02 -0.02 -0.01 0.00 0.00

0.03 0.03 0.05 0.06 0.09

Page 19


DETERIORATION – Areas where perceptions appear to have deteriorated Availability of lookouts & walking trails Provision of community centres & community halls Provision of swimming pools Bush fire prevention & rural fire brigades Provision of ovals & sporting grounds Litter control

0.34 0.34 0.27 0.42 0.74 -0.01 0.61

0.45 0.45 0.53 0.73 1.06 0.49 1.31

0.11 0.11 0.26 0.31 0.32 0.50 0.70

*Calculated by subtracting satisfaction scores from importance scores for each respondent to give a 'performance gap'. Note - A negative number for ‘changes in score’ signifies improving perceptions, whereas a positive number signifies deteriorating perceptions. Table 3 shows that there has been a significant improvement (reduction) in the gap between community expectation and Council performance in the following high priority service areas:

- Garbage collection - Consultation with the community - Weed control - Provision of public toilets - Youth services and facilities - Generating employment opportunities - Clean creeks and waterways - Maintenance of public toilets

Areas where perceptions of Council’s performance appears to have deteriorated significantly since the 2000 survey were:

- Litter control - Provision of ovals & sporting grounds - Bush fire prevention & rural fire brigades - Provision of swimming pools - Provision of community centres & community halls - Availability of lookouts & walking trails

Priorities for Improvement In summary quadrant and gap analysis identified a range of priorities for improvement based on detailed analysis of importance and satisfaction ratings as shown in Table 4 below.

Page 20


Table 4: Priorities for Improvement

IDENTIFIED AS HIGH PRIORITY IN…

Service/Facility

Quadrant analysis (Higher importance/lower

satisfaction) Gap analysis

Higher gap b/w importance & satisfaction)

Clean creeks and waterways Litter control Maintenance of public toilets Sealed road maintenance Lighting of public areas Parking for shoppers Managing residential development Bush regeneration Consultation with the community by Council Generating local employment opportunities Provision of public toilets Youth services & facilities Weed control Information about council decisions Protection of natural bushland

X X X X X X X X X

X

X

X X X X X X X X X

X

X X X X X

Residents were asked to rate the overall performance of the Council as an organisation and their satisfaction with staff performance. Organisational Performance Overall satisfaction with Council has risen from 3.1 (out of 5) in the 2000 survey to 3.2 in this latest survey. The consultant report identifies that a score of 3.2 is ‘consistent with stronger performing Councils of a similar size’. This represents an increase of around 3% during the two year period 2000 to 2002. Staff Performance There was also a 9% effective improvement in resident satisfaction with staff performance over the same period. In 2000, satisfaction levels were at 3.3 for people who had not had any contact with Council staff (over the past 12 months) and at 3.5 for those who had. This had increased to 3.6 for both groups in 2002. The majority of respondents agreed that Council staff were generally courteous and helpful (78% of those who had contact staff, 66% of those who did not). More respondents agreed than disagreed with the statement that council staff generally deal with people quickly and efficiently (62% of those who had contact staff, 42% of those who did not). Overall the report concludes that satisfaction with Council organisational performance as well as staff performance has improved.

Page 21


Major Issues of Concern As in the 2000 survey, respondents were asked to nominate major issues of concern both for the Blue Mountains as a whole and for their local area. Table 6 presents a comparison between the 2000 and the 2002 survey results of the top five citywide and local issues of concern to residents.

Table 6: Top 5 Issues of Concern Citywide and Locally in 2000 and 2002

2000 Survey (% of Sample)

2002 Survey (% of Sample)

CITY_WIDE CITY_WIDE 1. Development Control (27.5%) 1. Bushfires (24.9%) 2. Nature Preservation (14.6%) 2. Development Control (14.7%) 3. Youth Issues (12.6%) 3. Roads/Traffic (8.0%) 4. Roads/Traffic (9.6%) 4. Nature Preservation (7.0%) 5. Unemployment (4.6%) 5.Maintaining village/mountains

atmosphere (6.0%) LOCAL LOCAL 1. Roads/Traffic (18.9%) 1. Roads/Traffic (20.4%) 2. Development Control (13.2%) 2. Bushfires (20.3%) 3. Crime Issues (13.1%) 3. Development Control (10.3%) 4. Youth Issues (10.7%) 4. Lack of facilities/services (7.8%) 5. Lack of facilities/services (5.9%) 5. Youth Issues (7.6%)

In 2002, Bushfires have become the number one concern at the citywide level and are also almost equal first at the local level. Roads/traffic and development control, at both the citywide and local levels, continue to be major concerns, as they were in 2000, for a large number of residents. Nature preservation also remains an important issue at the citywide level with youth issues and lack of services/facilities still significant concerns at the local level. Maintaining village/mountain atmosphere is also seen as an important issue at the citywide level. Conclusion The Blue Mountains City Council Community Survey Report provides important information on community perceptions of Council service delivery and performance. Importantly, the Report also provides information on performance trends over time against local benchmarks previously established in 1996 and 2000.

Page 22


Results of the survey indicate measurable improvement in the last two years in Council service delivery and organisational staff performance. Council is providing many of the services and facilities rated as important by residents at a satisfactory level or above. In terms of broad service areas, Council achieved higher composite satisfaction ratings than last survey in six of nine areas measured (see Figure 2.2.1 of the final Community Survey 2002 Report). Waste Management Services, General Community Facilities and Recreation Services were areas where council performed well. On the contrary, relatively lower satisfaction levels were achieved in the areas of Council Communication and Planning and Development Services. In terms of individual services and facilities, in 17 of the 46 services tested Council achieved higher satisfaction scores than in the 2000 benchmarking survey. Conversely, satisfaction scores were lower for only 5 services: 'clean creeks and waterways', 'litter control', 'street cleaning', 'footpaths around shopping and facilities', 'bush fire prevention and rural fire brigades'. All other services maintained statistically the same satisfaction score as they achieved in the 2000 benchmark survey. Overall satisfaction with Council performance has improved slightly, from a statistically significant mean score of 3.1 in 2000 to 3.2 in the 2002. Resident perceptions of Council staff performance are generally very good. Encouragingly, those respondents who stated that they had a recent service encounter with council staff were more likely to have a favourable impression and a higher level of satisfaction. However, regardless of whether or not the respondent had contact with staff, satisfaction levels have risen since the 2000 survey. In assessing overall community concerns at the city-wide and local levels, the community survey has also provided valuable data for City Strategy work. It is recommended that the results of the 2002 Community Survey be widely disseminated to the community (via media and placement on web sites and in libraries) and to Council staff. It is further recommended that Council’s current business planning/ budgetary and City Strategy work take the 2002 Community Survey results into consideration.

Page 23

QUALITY LOCAL GOVERNMENT Ordinary Meeting, 18/2/03

ITEM NO: 4 SUBJECT: COUNCIL LAND KNOWN AS FROGS'S HOLLOW,

BLACKHEATH FILE NO: C05844 Recommendation: That Council reclassify Lot 37 in DP 1727 being 21 Kundibar Street, Blackheath from Operational to Community Land in accordance with Section 33 of the Local Government Act, 1993. Report by Acting Group Manager, Corporate Policy: This report informs Council that no submissions have been made regarding the notice under Section 34 of the Local Government Act 1993 for the reclassification of Lot 37 DP 1727, 21 Kundibar Street, Blackheath from Operational Land to Community Land and that it is now appropriate for Council to confirm its intention to reclassify the land as Community Land. Background Frog’s Hollow comprises of three parcels of land being Lot 1 in DP 506059, Lot B in DP 326995 and Lot 37 in DP 1727 in Blackheath. Lot 1 in DP 506059, Lot B in DP 326995 have already been classified as Community Land. Lot 37 in DP 1727 was classified as Operational Land. Council at is meeting 20 August 2002 considered a report on the submission from the Frog's Hollow Bushcare Group to reclassify Lot 37 DP 1727, 21 Kundibar Street, Blackheath from Operational Land to Community Land and resolved:

“1. That Council give public notice of its proposed resolution to reclassify Lot 37 in DP 1727 being 21 Kundibar Street, Blackheath from Operational to Community Land for a period of not less than 28 days in accordance with Section 34 of the Local Government Act, 1993.

2. That following the public notice period a report be put to Council for confirmation

of its intention to reclassify the subject land.” Conclusion Section 33(1) of the Local Government Act, 1993 allows Council to reclassify operational land to community land by resolution. In doing so, Council is required under Section 34 of the Act to give public notice of the proposed resolution to reclassify the subject land and must specify a period of not less than 28 days during which submissions may be made to Council.

Page 24

QUALITY LOCAL GOVERNMENT Item 4 - Ordinary Meeting, 18/2/03

The notice of reclassification of land has been advertised 28-days. No submissions have been received. It is therefore appropriate for Council to confirm its intention to classify the land as Community Land.

Page 25


Attachment - SITE PLAN

Page 26


ITEM NO: 5 SUBJECT: CREATION OF EASEMENTS OVER COUNCIL LAND - LOT B DP

378152, LOT 2 DP739275 & LOT 2 DP625928, BLAXLAND FILE NO: S02/0035 Recommendation: That the Common Seal of Council be affixed to any necessary documents relating to the creation of an easement over Council land being Lot B in DP 378152, Lot 2 in DP 739275 and Lot 2 in DP 625928, Blaxland for accommodating existing minor roof overhang and encroaching structure. Report by Acting Group Manager, Corporate Policy: The owners of the Blaxland Shopping Centre, 150-155 Great Western Highway, Blaxland requested Council’s consent to the creation of easements over Council land being Lot B in DP 378152, Lot 2 in DP 739275 and Lot 2 in DP 625928 in Blaxland for minor roof overhang and encroaching structure. This report supports the request and recommends that Council’s Common Seal affixed to any necessary documents relating to this matter. Background Council approved the southern overhanging awning of the Blaxland Shopping Centre in the original 1980 consent and the eastern overhanging awning in the 1991 consent. The 10mm encroachment of the eastern wall has been a result of the application of a painted render finish to the wall. To finalise the registration of the plan of subdivision, the owners of the Blaxland Shopping Centre have requested Council’s urgent consent to the creation of the easements as the overhang and the encroachment are minor and the development has already been approved by Council and constructed. Council’s effected parcels of land are being used as a public car park and there is a need to install 55 parking signs within the area. Following the recent discussions, the owners of the Blaxland Shopping Centre have agreed to meeting Council’s signage costs and all reasonable survey and legal costs associated with this matter. Delegated Authority Council at its meeting of 3 December 2002 considered a report on the delegation of authority during Christmas and New Year Recess and resolved:

“1. That Council appoint a Committee comprising of the Mayor and General Manager (or in his absence the person acting as General Manager) to deal with and determine urgent matters arising the recess of Council between 4 December 2002 and 27 January 2003, in such cases applying Council’s Codes and policies, or where no such policies exist, discretion is exercised”

Page 27


The consent to the creation of easements for minor roof overhanging and wall encroachment was granted by the Mayor and the General Manager on 19 December 2002 in accordance with the delegated authority resolved by Council at its meeting of 3 December 2002. Affixing of Council’s Common Seal Clause 48(4) of the Local Government (Meeting) Regulation, 1999 states that:

“The seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed”

Conclusion The necessary documents including Section 88B Instruments and Plan of Subdivision showing the easements have been prepared and are required to be signed by Council under Seal. The easements are to accommodate the existing overhang and encroachment. The consent to the creation of the easement has already been granted. It is therefore recommended that Council’s Seal be affixed to any documents relating to this matter.

Page 28


ITEM NO: 6 SUBJECT: SCHEDULE OF INVESTED MONIES FILE NO: C00694 Recommendation: That the Schedule of Invested Monies as at 31 January 2003 be received. Report by Group Manager, Corporate Policy: 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 January 2003 is attached for information. Interest returns on Council's investments are above those budgeted due to a better than anticipated cash position for this part of the financial year.

Page 29


Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 31st January, 2003

Institution and Fund Return

for Month

Return Year to

Date

Current Fixed Rate

Investment Value

Commonwealth Bank of Australia * 4.75% 4.75% $4,004,788National Australia Bank – Offset * 4.06% 4.06% $3,172,627National Australia Bank - Call a/c N/a N/a Variable $500,000Macquarie Bank – Diversified Treasury

5.43% 5.32% $2,243,989

Deutsche Bank – Cash Plus Fund 5.92% 5.02% $1,137,975Illawarra Mutual Building Society – Term **

5.24% Variable $1,000,000

UBS Cash-Plus 5.68% 5.23%

$2,064,416

Grange Securities 6.30% Variable

$1,029,010

Grange Securities 6.31% Variable

$501,890

Total $15,654,695

UBSWA Bank Bill Index 4.94% 5.04% * 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 $352,333 Council’s Actual Return $438,348

Page 30


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.

Wayne Rogers Responsible Accounting Officer

Page 31

LAND USE MANAGEMENT Ordinary Meeting, 18/2/03

ITEM NO: 7 SUBJECT: DEVELOPMENT APPLICATION NO. X02/1430 FOR ADDITIONS

AND ALTERATIONS TO THE DWELLING ON LOT 3, DP 566268, NO.14 THORPE STREET KATOOMBA

FILE NO: X02/1430 Recommendation: That Development Application No. X02/1430 for additions and alterations to the dwelling on Lot 3, DP 566268, No. 14 Thorpe Street Katoomba 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. Report by Group Manager, Environmental and Customer Services: 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

Mr V C Hawse and Mrs I F Hawse

Owner

Mr V C Hawse and Mrs I F Hawse

Application lodged

3 September 2002

Property address

Lot 3, DP 566268, No. 14 Thorpe Street Katoomba

Page 32

LAND USE MANAGEMENT Item 7 - Ordinary Meeting, 18/2/03

STTHO

RPE ST

OXLEY

SOUTHST

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THORPES CKTHORPES CKTHORPES CKTHORPES CKTHORPES CKTHORPES CKTHORPES CKTHORPES CKTHORPES CK

Site description

The subject land is located on the western side of Thorpe Street Katoomba and comprises a large battleaxe allotment having a total area of 1.019 hectares. There is a 7 metre wide vehicular access handle with frontage to Thorpe Street. The property extends along the rear of existing residential properties on the western side of Thorpe Street. The northern boundary of the land has frontage to an unmade section of South Street and Katoomba Creek forms the rear or western boundary of the site. The property is zoned Residential 2(a1) under Local Environmental Plan No. 4. Draft Local Environmental Plan 2002 proposes to zone the front portion of the property Living - Bushland Conservation (No Subdivision) (87.75%) and the area of the property adjacent to Katoomba Creek, Environmental Protection – General (12.25%). The Draft Plan also designates a Protected Area – Slope Constraint Area and a Protected Area - Ecological Buffer Area on the site.

Proposal

There is an existing dwelling and car parking area on the site. The existing dwelling and deck has an area of 233 square metres and is located centrally on the property. A two level masonry and cladding extension with a metal roof is proposed on the northern side of the existing dwelling. All materials will match the existing single storey dwelling. The extension proposes an upper level 9.9 metre x 6 metre living/family room and tiled patio/terrace.

Subject Site

Page 33


This is connected by an internal stair to the lower level which

contains a cellar and workshop area. There will be a substantial cut for the cellar however this excavation will be retained within the envelope of the dwelling. A copy of the plans showing the proposed development form Attachment 2 of this Report.

Development controls

�� Local Environmental Plan No. 4 - Residential 2(a1) �� Draft Local Environmental Plan 1997 - Living

Conservation �� Draft Local Environmental Plan 2002

- Living - Bushland Conservation (No Subdivision) (87.75%)

- Environmental Protection – General (12.25%) - Protected Area – Slope Constraint Area

(64.02%) - Protected Area - Ecological Buffer Area

(59.73%) Notification

The application was notified to adjoining and nearby properties in accordance with Council’s DCP 35- Community Consultation for Land Use Management. No submissions were received.

Compliance Table:

LOCAL ENVIRONMENTAL PLAN NO. 4 Clause Standard Proposed Compliance cl. 39 Height of buildings – maximum 2

storeys. The existing dwelling is a single storey building. The proposed additions are at the same level and height of the existing building with a cellar and workroom proposed below the existing floor level. Notwithstanding this, the proposed additions are, by definition, two storeys.

Yes

cl. 40 Utility services. Connect to sewer, town water, power and telephone.

Yes

Page 34


DRAFT LOCAL ENVIRONMENTAL PLAN 2002 Schedule 2 Part 3.1

Maximum building height - 8 metres. Maximum height at eaves - 6.5 metres.

Building height – 4.7 metres. Height at eaves – 4.7 metres.

Yes

Schedule 2 Part 3.2

Front building setback in the case of battle-axe blocks – 9 metres. Side boundary – 1 metre.

Front setback - approx. 43 metres. Side setback – approx. 25 metres.

Yes

Schedule 2 Part 3.3

Site coverage – 300 square metres. 305 square metres. No

Issues

�� Environmental Planning Instruments �� Bushfire

Discussion of issues 1. 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, Draft Local Environmental Plan 2002, Development Control Plan 10 – Town Character Guidelines (DCP 10), Development Control Plan 30 – Smart Design (DCP 30) and Development Control Plan 34 – Energy Efficiency in Residential Development (DCP 34). The application was also referred to the Department of Land & Water Conservation, the Rural Fire Service and to Council’s Environmental Scientist for comments. Department of Land and Water Conservation

The southern corner of the existing dwelling is located approximately 32 metres from the edge of Katoomba Creek. The proposed additions to the northern end of the dwelling will be approximately 38 metres from the creek. Any excavation within 40 metres of a watercourse requires a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948 and therefore the proposal is classified as Integrated Development. In accordance with section 91A of the Environmental Planning and Assessment Act 1979, the application was referred to the Department of Land and Water Conservation (DLWC) for their advice. Advice has been received from DLWC that the Department proposes to approve the development as presented. The advice included the Department’s General Terms of Approval (GTA’s) and the Part 3A Permit. The GTA’s are to be included as part of any consent granted, and therefore these conditions have been incorporated in the proposed conditions shown in Attachment 1 to this Report.

Page 35


Site Coverage The proposed development is considered to be generally compliant with the relevant planning instruments. However the proposed site cover of 305 m2 exceeds the maximum allowable site coverage under Schedule 2 of Draft Local Environmental Plan 2002 by 5 m2, which is a 1.7% variation. Given that the site has an area of 1.019 hectares and that 24 m2 of the site cover consists of an existing open deck, it is considered that the variation is minor and does not compromise the aims and objectives of the Draft Plan. Environmental Issues The site has areas of native vegetation and grassland throughout, with an average gradient from Thorpe Street down to Katoomba Creek of approx 20%. The site of the proposed development is on existing grassed area and the development will not have any significant environmental impacts. The cellar construction proposes substantial excavation however the cut will be retained within the external walls of the building.

2. Bushfire

Recent amendments to the provisions of the Environmental Planning and Assessment Act and the Rural Fires Act has given statutory effect to the Rural Fire Service (RFS) guidelines titled “Planning for Bushfire Protection”. This document imposes certain requirements on residential development for protection against bushfires. The proposed development is located on Bushfire Prone Land and does not achieve the requirements of “Planning for Bushfire Protection” and therefore it was necessary for Council to consult with the RFS.

A copy of the plans and the bushfire assessment which accompanied the application were referred to the RFS. Advice has been received that the NSW RFS supports the development and that any development consent should address the following bushfire conditions:

�� Residential buildings within bushfire prone areas should have an appropriate

Asset Protection Zone (APZ) as described in Planning for Bushfire Protection – 2001 that is contained within the site. In this case it will be necessary to ensure that the northern corner of the block (outwards to the boundary) is maintained as an Inner Protection Area (IPA). Trees within the Inner Protection Area of the Asset Protection Zone must not be continuous or overhang the building (there must be a minimum 2m separation between tree canopies).

�� All new building work shall comply with AS 3959 level 3 construction.

The extension is located in a part of the site generally clear of trees and shrubs although some nearby clearing of tea tree (Leptospermum) may be required in order to satisfy RFS guidelines. These matters can be addressed by way of conditions in any development consent.

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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 Greg New of Newplan Urban Planning & Project Management who has submitted a report dated 21 January 2003 which states in part: “I concur with the assessment report prepared by Council officers and would

recommend the application for Council’s approval, subject to the imposition of appropriate conditions suggested by Council officers, and general terms of approval issued by the NSW Department of Land and Water Conservation and NSW Rural Fire Service.”

Conclusion The Development Application for the additions and alterations to the existing dwelling has been considered in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979, LEP 4 and Draft LEP 2002. The extension is located in an existing cleared area with the development not exceeding the height of the existing dwelling. It is considered that the development will not have an adverse impact on the environment or the residential amenity of the surrounding area. All relevant concurrences have been received from external authorities and the application is recommended for conditional approval.

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Attachment 1 - Conditions of development consent

Confirmation of relevant plans

1. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by Frank Kosztelnik and Associates numbered 2104 dated 29-7-2002 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Period of development

consent 2. Substantial physical commencement of the use is

required within a two year period from (date of consent). Should this not occur, the development consent will lapse.

Construction certificate

(building) 3. A construction certificate is required prior to the

commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

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

Building Code of

Australia 5. All building work must be carried out in accordance

with the provisions of the Building Code of Australia.

Signage 6. 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: a) The statement “Unauthorised access to the site is

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

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

c) Lot or Street number.

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Site management 7. 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.

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

8. 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 9. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

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Stormwater drainage 10. To control rainwater runoff, roof water shall be

connected to stormwater drainage lines discharging to the existing stormwater system. 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 11. To have regard of the amenity of the area, the materials and colours to be used shall match the existing building.

Asset Protection Zone 12. All residential buildings within bushfire prone areas should have an appropriate Asset Protection Zone (APZ) as described in Planning for Bushfire Protection – 2001 that is contained within the site. In this case it will be necessary to ensure that the northern corner of the block (outwards to the boundary) is maintained as an Inner Protection Area (IPA).

Trees 13. Trees within the IPA of the APZ must not be continuous or overhang the building (there must be a minimum 2m separation between tree canopies). Trees to be removed in this area are to be clearly marked and inspected by Council prior to their removal. This work is to be completed prior to the occupation of the additions. The Asset Protection Zone is to be maintained on a permanent basis

Level 3 type construction

14. All new building work shall comply with AS3959-1999, Level 3 construction.

Department of Land

and Water Conservation Rivers and Foreshores Improvement Act 1948 General Terms of Approval

15. a) All works proposed must be designed, constructed and operated to minimise sedimentation, erosion and scour of the banks or bed of the watercourse/foreshore and to minimise adverse impacts on aquatic and riparian environments.

b) Erosion and sediment control measures are to be implemented prior to any works commencing at the site and must be maintained, for as long as necessary after the completion of works, to prevent sediment and dirty water entering the

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watercourse/foreshore environment. These

control measures are to be in accordance with the requirements of Council or the consent authority and best management practices as outlined in the NSW Department of Housing’s “Managing Urban Stormwater: Soils and Construction” Manual (1998) – the “Blue Book”.

c) The Part 3A Permit from DLWC is issued for works on FREEHOLD land only. This Permit is null and void for any works on Crown Land.

d) Rehabilitation of the area in accordance with the 3A Permit Conditions or any direction from DLWC is the responsibility of the Permit holder and owner or occupier of the land.

e) Work as executed survey plans of a professional standard and including information required by DLWC shall be provided to DLWC on request.

f) If, in the opinion of a DLWC officer, works are carried out in such a manner that they may damage or adversely affect the watercourse or foreshore environment, the DLWC officer may issue an oral or written direction to immediately stop all work/s.

g) If any DLWC Part 3A Permit Conditions are breached, the Permit holder shall restore the site in accordance with these Conditions and any other necessary remedial actions as directed by DLWC. If any breach of the Part 3A Permit Conditions requires a site inspection by DLWC, then the permit holder shall pay a fee prescribed by DLWC for this inspection and all subsequent breach inspections.

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Attachment 2 - Plans

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Attachment 2 - Plans

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ITEM NO: 8 SUBJECT: DEVELOPMENT APPLICATION NO. X/1546/2002 FOR A SKATE

FACILITY WITHIN BELLEVUE PARK ON LOT 7020 DP 751652, LOT 1 SECTION 1 DP 758605 AND LOT 2 SECTION 1 DP 758605, BELLEVUE PARK, R500387, NO. 285A GREAT WESTERN HIGHWAY, LAWSON

FILE NO: X02/1546 Recommendation: That Development Application No. X02/1546 for a skate facility within Bellevue Park on Lot 7020 DP 751652, Lot 1 Section 1 DP 758605 and Lot 2 Section. 1 DP 758605, Bellevue Park, R500387, No. 285A Great Western Highway, Lawson 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. Report by Group Manager, Environmental & Customer Services: Reason for report Property owned by Council (Council is the Trustee of

Bellevue Park). Generated significant public interest.

Applicant

Blue Mountains City Council

Owner

Trustee of Bellevue Park, R500387, Reserve Trust

Application lodged

23 September 2002

Property address

Bellevue Park, R500387, 285A Great Western Highway, Lawson

WESTER

HON

AVE

BA

H

YILEENA

1A1A1A1A1A1A1A1A1A333333333

151515151515151515

20-2220-2220-2220-2220-2220-2220-2220-2220-22

8-128-128-128-128-128-128-128-128-12

24A24A24A24A24A24A24A24A24A

252525252525252525232323232323232323212121212121212121

181818181818181818202020202020202020

101010101010101010

111111111 333333333 333333333 777 888888888 222222222

222222222

285B285B285B285B285B285B285B285B285B

16-1816-1816-1816-1816-1816-1816-1816-1816-18

2-42-42-42-42-42-42-42-42-4

8-128-128-128-128-128-128-128-128-12666666666

CCCCC2C2C2CC

286286286286286286286286286

283283283283283283283283283282282282282282282282282282 282828282828282828

777777777999999999

121212121212121212

285C285C285C285C285C285C285C285C285C444444444

284284284284284284284284284285A285A285A285A285A285A285A285A285A 285A285A285A285A285A285A285A285A285A 285A285A285A285A285A285A285A285A285A

222222222

740

Subject Site

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Introduction Development Application X02/1546 has been submitted to

Council seeking approval for the establishment of a skate facility within Bellevue Park at Lawson. The facility will be centrally located within the park. The development application originally included a proposed skate/cycle loop track to be constructed adjacent to the proposed skate facility, but this has since been removed from the proposal. It was not considered desirable to have both facilities in such close proximity to each other for safety reasons.

Background Council had previously resolved to appoint a Task Force with the aim of assessing possible skate facility sites in the mid-mountains area. After considering a number of sites, this Task Force recommended Bellevue Park Lawson as the preferred site. This recommendation was based on site attributes listed by Council as being desirable in a skate facility as well as the fact that the overwhelming majority of skaters cited it as their preferred site. A Report on the Task Force findings was considered by Council at its meeting of 12 June 2001, whereby Council adopted, in principle, Bellevue Park Lawson as the preferred site. Council also resolved that feedback be sought from the community to identify any issues prior to final site endorsement and lodgement of a development application. A community meeting was held on 30 June 2001 to undertake this community consultation, the details of which were reported to Council at its meeting of 7 August 2001. This community consultation confirmed an overwhelming support for the development of a skate facility in Bellevue Park Lawson. Accordingly, Council adopted Bellevue Park as the site for the mid-mountains skate facility in addition to adopting a recommendation that the final design of the facility be prepared in consultation with local skaters.

Site description

The subject site is known as Bellevue Park. It is a triangular parcel of land located between the Great Western Highway and Yileena Street. To the east, the park is adjoined by residential properties. The park comprises a number of existing trees, however it has relatively little in the way of lower or medium storey planting. The site of the proposed skate facility was previously the site of children’s play area which has since been removed.

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Proposal The proposal involves the construction of a concrete skate

facility with the following associated features: �� 2 bench seats �� 1 picnic table and seats �� 2 bins �� 1 bubbler �� 2 precautionary signs �� 1 memorial sign �� safety fencing and drainage as required. No night time lighting is proposed to be provide for the facility in order to discourage night time use of the facility. Whilst no toilets are proposed to be provided with the facility, there are toilet facilities located in the Youth Centre to the east and in Hilda Gardens near the railway station to the west. The proposal will result in the removal of two trees from the site. All other vegetation on the site is to be retained.


Zoning LEP 4 The entire site is currently zoned Recreation Existing 6(a) under Local Environmental Plan No 4 (LEP 4). Uses associated with those purposes which are under the care, control and management of the Council are permissible with Council consent under the current zoning. The proposed skate facility is therefore a use permissible with Council consent. Draft LEP 2002 The site is part zoned Regional Transport Corridor (the future road widening alignment along the Great Western Highway) and part Recreation Open Space under Draft Local Environmental Plan No 2002 (Draft LEP 2002). The proposed skate facility is located within the proposed Recreation Open Space zoning and is permissible under Draft LEP 2002 as a recreation use. Other Instruments Sydney Regional Environmental Plan No 20—Hawkesbury Nepean River (SREP 20) Development Control Plan No 29—Car Parking (DCP 29)

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Notification The application was advertised for a period from 19 October

2002 to 14 November 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties. In total, twenty one (21) submissions were received. Eleven (11) of these submissions supported the proposal whilst ten (10) submissions objected to the proposal (two of these were from the same person). The matters raised by way of objection in the submissions are discussed in detail in the following sections of this report.

Issues

Resident issues – �� permissibility �� traffic, parking and pedestrian access �� noise �� proximity to residential properties and site suitability �� provision of amenities �� park amenity and anti-social behaviour �� impact on surrounding property values �� liability issues Assessment issues – �� statutory considerations �� site suitability, amenity impacts and security �� parking and access �� drainage and construction works �� vegetation �� submissions received / public interest Variation to Policy – nil

Discussion of Issues The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979, in particular Section 79C matter for consideration, and the relevant provisions of LEP 4 and Draft LEP 2002 1. Statutory Considerations Local Environmental Plan No 4 The entire site is currently zoned Recreation Existing 6(a) under Local Environmental Plan No 4 (LEP 4).

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Uses associated with those purposes which are under the care, control and management of the Council are permissible with Council consent under the current zoning. The proposed skate facility is therefore a use permissible with Council consent. Draft Local Environmental Plan No 2002 The site is part zoned Regional Transport Corridor (the future road widening alignment along the Great Western Highway) and part Recreation Open Space under Draft Local Environmental Plan No 2002 (Draft LEP 2002). The proposed skate facility is located within the proposed Recreation Open Space zoning and is permissible under Draft LEP 2002 as a recreation use. Sydney Regional Environmental Plan No 20 – Hawkesbury Nepean River The site is part of the Hawkesbury Nepean River catchment and the development is subject to the provisions of SREP 20. However, in respect of the proposed development, SREP 20 does not impose any specific controls or additional matters for consideration. Development Control Plan No 29 – Car Parking There are no specific standards for car parking under DCP 29 in respect of such a facility. The need for car parking will be addressed in further sections of this report. 2. Assessment Issues

Site Suitability, Amenity Impacts and Security

The site is considered to be well suited for the proposal given its close proximity to the Lawson town centre, public transport facilities, the nearby Youth Centre and distance from residential buildings. The Police have noted these features as positive aspects of the site.

The application has been assessed in accordance with the principles of Crime Prevention through Environmental Design (CPTED). The site is clearly visible from the Great Western Highway and there is minimal lower and medium level planting in the vicinity of the facility. No additional lighting is proposed so as to discourage night-time use of the facility. These features will serve to reduce the likelihood of anti-social behaviour at the facility.

This site was recommended by a specially appointed Task Force after consideration of a number of other sites. This recommendation was based on site attributes that were listed by Council as being desirable in a skate facility, the fact that the significant majority of skaters cited it as their preferred site and the fact that community consultation found that there was overwhelming support for the establishment of such a facility in this location.

Noise generated from the development will have a negligible impact on the amenity of the area given the existing back-ground noise levels. There will be minimal visual impact from the facility given its central location within the site and the number of existing trees within the park.

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A heritage lamp is located within the park along the Great Western Highway. This lamp is not a nominated heritage item and is located within the area designated for future road widening. The proposed skate facility will not have an adverse impact on the heritage significance of this light.

Parking and Access

The site is located within close proximity to public transport, being near Lawson railway station and the existing Lawson town centre. It is expected that most users of the facility will arrive by pedestrian movements or public transport as most users of the facility are expected to be teenagers. Some users may be “dropped off” by private vehicles and the few who may need to park a vehicle at the site can do so in the street between Yileena Avenue and Honour Avenue.

Development Control Plan 29 (Car Parking) does not nominate a required car parking rate for a facility of this nature. However, given the above comments about the nature of access movements to the site, it is not considered necessary to provide any on-site car parking for the facility. Observation of the existing skate facility in Glenbrook supports this argument.

Drainage and Construction Works

The application has indicated that any drainage flows from the site will be limited to ensure that pre-development flows are maintained. The proposed skate surface is positioned well above the level of the Great Western Highway and drainage via gravity flow from the facility can easily be achieved. Conditions of consent are recommended in this regard.

Construction vehicles will access the site via the Great Western Highway and a recommended condition of approval will require the submission of a traffic control plan for construction works. Additional conditions are also recommended concerning soil erosion and sediment control measures during construction works.

Vegetation

The proposal will result in the loss of two existing trees. Council’s Landscape Assessment Officer has inspected the site and raises no objection to the removal of the subject trees. All other existing vegetation is proposed to be retained.

3. Submissions Received / Public Interest

Permissibility

A number of objectors to the proposal raised concern that the development was not “Designated Development as defined in Section 77A of the Environmental Planning and Assessment Act”. It is unsure what the intent of this statement is, although it is true that the development is not Designated Development as defined under the EP&A Act.

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Designated Development relates to proposals that generally have the potential for significant environmental impacts and thus necessitates are more rigorous assessment process.

As previously discussed though, the proposal is permissible with Council consent under the provisions of the relevant planning instruments and this report details Council’s assessment of the application in accordance with Section 79C of the EP&A Act.

Traffic, Parking and Pedestrian Access

As most people are expected to access the facility via pedestrian movements, it is not considered that there will be any noticeable difference in traffic movements resulting from the development. Parking availability is therefore considered to be suitable for the development. Some residents from 20-22 Yileena Avenue raised concern about existing pedestrian movements through their site and feel that this would be increased with the construction of the proposed facility. This issue is not a matter for consideration with the development application, however it is suggested that it can be followed up separately with the Body Corporate for this development.

Noise

The site adjoins the Great Western Highway and is in close proximity to the Lawson town Centre. Existing back-ground noise levels in the area are already relatively high. Noise generated from the development is expected to result from the sound of skate boards on the concrete surface and the sound of voices. However, this noise is considered to have a negligible impact on the existing back-ground noise levels. In addition, no additional lighting is to be provided for the facility in order to discourage night-time use so that existing back-ground noise levels should not be impacted upon at night.

Concern was also raised that there would be additional noise resulting from additional traffic movements. Given that most people are expected to access the facility via pedestrian movements, it is not considered that there will be any noticeable difference in traffic noise resulting from the development.

Proximity to Residential Properties and Site Suitability

Concern was raised over the proximity of the site to nearby residential properties and therefore the question of site suitability was raised. Some residents nominated other sites as being more suitable. In this regard, it is noted that the site was chosen by a specially appointed Task Force after considering a number of alternative sites. The outcome of community consultation was overwhelming support for the facility on this site. Whilst there are nearby residential properties, it is not considered that the amenity of the area will be adversely impacted upon by the establishment of the facility. Of particular note, the facility itself is centrally located within the park and residential properties in Yileena Street are positioned at a lower level to the park, thereby providing greater physical separation from the development.

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Provision Amenities

It is not proposed to provide toilet facilities as part of this proposal and concern was raised in the submissions that this could result in people urinating within the park and along adjoining fences. The applicant has stated that there are nearby toilet facilities in the Youth centre to the east and in Hilda Gardens near the railway station to the west. (The toilets in Hilda Gardens can be accessed via the highway tunnel.) Whilst it may be considered desirable to provide toilet facilities, it should also be considered that an amenities building could serve as a place for anti-social behaviour to occur. A suitable compromise may to provide signage near the facility indicating the location of nearby toilet facilities and it is suggested that a condition of consent be imposed in this regard.

Park Amenity and Anti-Social Behaviour

The development has been assessed in accordance with CPTED principles and the site is considered to be suitable for the facility. The site has good visibility and can be seen from the Great Western Highway. Whilst concern is raised about the activities of young people in the area, the Police have advised that the area has had only two minor crime incidents recorded in the past ten years. Further, the provision of such a facility will provide a recreational activity for youth in the area and it can be argued that this in itself will help limit existing anti-social behaviour.

A condition of consent is recommended requiring that the site be regularly inspected by a site manager to ensure that the site is kept tidy, free of graffiti and maintained in an appropriate manner. As outline in CPTED principles, the maintenance of the site will help to ensure that anti-social behaviour and the likelihood of graffiti is reduced.

Impact on Surrounding Property Values

There has been no evidence provided in support of this submission. The site is presently zoned for recreational purposes and the proposed facility is consistent with the current use of the land for such purposes.

Liability Issues

Concern was raised over the potential liability issues associated with such a facility. The question was asked a to whether Council would could be sued for damages resulting from injuries that may be obtained from such a facility. This is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act, however it is noted that this matter has been given previous consideration by Council. As a result of this, two precautionary signs are to be provided with the facility.

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Submissions in Support of the Application A total of 11 submissions were received in support of the proposal. These submissions stated that the proposal has the broad support of young people, local residents, shopkeepers and community services. The proposal is seen as being an asset to the community providing an activity for young people in the area. The site was considered to be well suited to the development and many of these submissions congratulated the young people on their hard work, dedication and commitment to the project. Conclusion The establishment of a skate facility within Bellevue Park is a permissible land use activity under the provisions of the relevant planning instruments. The proposal is considered to result in public benefit, providing a much needed recreational facility for the youth of the mid-mountains area. In light of this, and the comments raised in this report, it is recommended that the development application be approved subject to the conditions included as Attachment 1 to this Report.

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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 The City of Blue Mountains numbered A16345 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Approval Limitation 2. Consent is not granted for the proposed skate/cycle

loop and a separate development application is required to be submitted to Council should the applicant wish to proceed with such a facility.

Development Details 3. The location and design details of all seating, bins,

bubblers and signage shall be submitted to Council for approval with the construction certificate application.

Construction certificate

(building) 4. A construction certificate is required prior to the

commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Building Code of

Australia 5. All building work must be carried out in accordance

with the provisions of the Building Code of Australia. Excavations & Site

Works 6. All excavations and site works are to be guarded and

protected to prevent them from being dangerous to the public and surrounding properties.

Site management 7. 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 (including felled trees) must be contained and removed to a Waste Disposal Depot.

Erosion & sediment

controls 8. 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.

Vegetation to remain

untouched 9. Except for the two trees nominated to be removed, all

natural site features, rock outcrops, vegetation including trees and ground covers are to retained.

Protection of vegetation 10. To preserve the natural site features and limit site

disturbance, ground covers and trees must be protected by suitable guards / barriers to prevent damage as a result of the construction phase.

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Hours of operation 11. Use of the facility shall be encourage to be during

daylight hours only. Extended hours of operation, and any lighting of the facility, will require a further application and consultation with adjoining landowners and the community.

Signage for Amenities 12. Signage is to be provided detailing the location of

nearby toilet facilities. It is recommended that this be provided in the same location as the precautionary signs. Details of this signage are to be submitted with the construction certificate application.

Ongoing Site

Management 13. The site is to be inspected at regular intervals by a

site manager to ensure that the site is being kept tidy, free of graffiti and maintained in an appropriate manner.

Engineering plans 14. All engineering works required by this development

on the site and its curtilage are to be in accordance with Council's Specification for Engineering Works for Subdivisions and Developments - Part 1 Design and Part 2 Construction. �� The design and construction is to include any

additional works to make the construction effective.

�� Design plans and specifications are to be submitted with the Construction Certificate.

Drainage 15. Stormwater from the development shall be drained to

the existing stormwater system along the Great Western Highway. Pre-development flows from the site are to be maintained.

Construction Traffic 16. A traffic control plan for construction traffic is to be

submitted to Council for approval prior to the issue of a Construction Certificate.

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Attachment 2 - Plan

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ITEM NO: 9 SUBJECT: DEVELOPMENT APPLICATION NO. X02/1129 FOR A

RESIDENTIAL DEVELOPMENT COMPRISING TWENTY ONE (21) DWELLINGS AND A SIXTY (60) BED HOSTEL UNDER STATE ENVIRONMENTAL PLANNING POLICY NO. 5 AT LOT 1 DP 875630, LOT 2 DP 875630 AND LOT 306 DP 751662, NO. 3-3A RENWICK CLOSE, AND NO. 115A OLD BATHURST ROAD, BLAXLAND

FILE NO: X02/1129 Recommendation: That Development Application No. X02/1129 for residential development comprising twenty one (21) dwellings and a sixty (60) bed hostel under State Environmental Planning Policy No. 5 at Lot 1 DP 875630, Lot 2 DP 875630 and Lot 306 DP 751662, No. 3-3A Renwick Close, and No. 115A Old Bathurst Road, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusal of consent for the following reason.

a. The proposed development is affected by Bush Fire Prone Land —Vegetation Category 1, and is not permissible at the site, in accordance with Amendment five (5) and Amendment seven (7) to State Environmental Planning Policy No. 5 (SEPP5).

Report by Group Manager, Environmental and Customer Services: Reason for report The application is referred to Council for determination as the

work value is in excess of $1,000,000 and the proposal has generated significant public interest.

Applicant/Owner

The Reformed Church of Blaxland

Application lodged

15 July 2002

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Subject Sites

Property address 3-3A Renwick Close and 115A Old Bathurst Road, Blaxland Proposal

The proposed development includes the demolition of an existing dwelling and the construction of a sixty (60) bed hostel and twenty-one (21) new dwellings for older people or people with a disability. The proposal includes associated access, parking, communal facilities and landscaping.


Zoning - Local Environmental Plan No.4

�� Residential 2(a1). Zoning – Draft Local Environmental Plan 2002 3 Renwick Close and 115A Old Bathurst Road, Blaxland.

�� Living – Bushland Conservation. 3a Renwick Close, Blaxland

�� Partial Living – Bushland Conservation. �� Partial Environmental Protection.

Discussion of Issues 1. Statutory Considerations State Environmental Planning Policy No. 5 (SEPP5) was made on 2 January 1998, with the objective of encouraging housing that meets the needs of older people or people with a disability. This objective was achieved by permitting development identified under the SEPP5 policy in areas where residential dwellings and other specified development is permitted.

The SEPP5 provisions do not apply to land described in Schedule 1 (Environmentally Sensitive Land) of the policy.

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On 18 December 2002, Amendment No. 5 to the SEPP5 policy was gazetted (Gazette No. 262), which included the following clause:

“Schedule 1 Environmentally Sensitive Land Insert at the end of the Schedule:

Land identified on a bush fire prone land map certified under Section 146 of the Act as “Bush fire prone land – vegetation category 1”

Amendment No. 5 has the affect of prohibiting SEPP5 development on land identified as Bush Fire Prone Land —Vegetation Category 1.

On 20 December 2002, Amendment No. 7 to the SEPP5 policy was gazetted (Gazette No. 263), which included the following clause: “31 Effect of SEPP5 (Amendment 5)

Despite clause 26, this clause and the amendments made to this policy by State Environmental Planning Policy No. 5 – Housing for Older People and People with a Disability (Amendment No. 5) apply to and in respect of the determination of a development application made, but not finally determined, before the commencement of State Environmental Planning Policy No. 5 – Housing for Older People and People with a Disability (Amendment No. 7”)

Clause 26 of SEPP5 generally provides that the SEPP5 policy, including amendments to the policy, do not apply to development applications made but not yet determined. However, Amendment No. 7 has the effect of ensuring that land identified by Amendment No. 5 is immediately excluded from the SEPP5 provisions, even if a development application has been lodged but not yet determined. The proposed development is for the demolition of an existing dwelling and the construction of a 60 bed hostel and 21 new dwellings. A significant part of the site is identified on the relevant map (certified under Section 146) as being ‘Bush Fire Prone Land —Vegetation Category 1’. The proposed hostel and 16 of the proposed 21 dwellings are directly affected by Bush Fire Prone Land —Vegetation Category 1 and are therefore not permissible under the new provisions of SEPP5. These changes to SEPP 5 and the amendments to the legislation regarding bushfires are being considered in the current work on Draft Local Environmental Plan 2002 and the location of the areas identified for accessible housing. This will be reported to Council at the appropriate time. Conclusion The applicant was advised that the development is not permissible and was requested to withdraw the current application. The application has not been withdrawn. Given that the development is not permissible, Council cannot approve the application and hence it is recommended that the application be refused.

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RESIDENTIAL DEVELOPMENT COMPRISING ELEVEN (11) DWELLINGS UNDER STATE ENVIRONMENTAL PLANNING POLICY NO. 5 AT LOT B DP 411017 AND LOT A DP 411017, NO. 84-88 MACQUARIE ROAD, SPRINGWOOD

FILE NO: X02/1886 Recommendation: That Development Application No. X02/1886 for a residential development comprising eleven (11) dwellings under State Environmental Planning Policy No 5 at Lot B DP 411017 and Lot A DP 411017, No. 84-88 Macquarie Road, Springwood be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusal of consent for the following reason:

a. The proposed development is affected by Bush Fire Prone Land—Vegetation Category 1, and is not permissible at the site, in accordance with Amendment five (5) and Amendment seven (7) to State Environmental Planning Policy No. 5 (SEPP5).


work value is in excess of $1,000,000. Applicant/Owner

Dr G Tomkins

Application lodged

14 November 2002

Property address

84-88 Macquarie Road, Springwood

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Subject Sites

Proposal The proposed development includes the demolition of all

improvements on the site except the original portion of the existing weatherboard dwelling. Eleven (11) dwellings are to be developed for older people or people with a disability. The proposal includes associated access, parking and landscaping.

Development controls Zoning - Local Environmental Plan No.4 84 Macquarie Road Springwood

�� Residential Investigation.

86-88 Macquarie Road Springwood �� Residential 2(c1).

Zoning – Draft Local Environmental Plan 2002 84 Macquarie Road Springwood

�� Partially Living Bushland Conservation. �� Partially Environmental Protection.

86-88 Macquarie Road Springwood

�� Living General. Discussion of Issues 1. Statutory Considerations State Environmental Planning Policy No. 5 (SEPP5) was made on 2 January 1998, with the objective of encouraging housing that meet the needs of older people or people with a disability. This objective was achieved by permitting development identified under the SEPP5 policy in areas where residential dwellings and other specified development is permitted.

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“Schedule 1 Environmentally Sensitive Land

Insert at the end of the Schedule:


Amendment No. 5 had the affect of prohibiting SEPP5 development on land identified as Bush Fire Prone Land—Vegetation Category 1.



Clause 26 of SEPP5 generally provides that the SEPP5 policy, including amendments to the policy, do not apply to development applications made but not yet determined. However, Amendment No. 7 has the effect of ensuring that land identified by Amendment No. 5 is immediately excluded from the SEPP5 provisions, even if a development application has been lodged but not yet determined. The proposed development is for the alteration of one existing dwelling and the construction of ten new dwellings resulting in a total of eleven dwellings. The majority of the site is identified on the relevant map (certified under Section 146) as being ‘Bushfire Prone Land—Vegetation Category 1’. Seven of the proposed units are directly affected by Bushfire Prone Land—Vegetation Category 1, and are therefore not permissible under the new provisions of SEPP5. These changes to SEPP 5 and the amendments to the legislation regarding bushfires are being considered in the current work on Draft Local Environmental Plan 2002 and the location of the areas identified for accessible housing. This will be reported to Council at the appropriate time. Conclusion The applicant was advised that the development is not permissible and was requested to withdraw the current application. The application has not been withdrawn.

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Given that the development is not permissible, Council cannot approve the application and hence it is recommended that the application be refused.

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RESIDENTIAL DEVELOPMENT COMPRISING EIGHT (8) DWELLINGS UNDER STATE ENVIRONMENTAL PLANNING POLICY NO. 5 AND A DENTAL SURGERY AT LOT 8 DP 23360 AND LOT 9 DP 23360, NO. 37-41 OLD BATHURST ROAD, BLAXLAND

FILE NO: X02/1889 Recommendation: That Development Application No. X02/1889 for a residential development comprising eight (8) dwellings under State Environmental Planning Policy No.5 and a dental surgery at Lot 8 DP 23360 and, Lot 9 DP 23360, No. 37-41 Old Bathurst Road Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusal of consent for the following reason:

a. The proposed development is affected by Bush Fire Prone Land —Vegetation Category 1, and is not permissible at the site, in accordance with Amendment five (5) and Amendment seven (7) to State Environmental Planning Policy No. 5 (SEPP5).


work value is in excess of $1,000,000. Applicant/Owner

Dr G Tomkins

Application lodged

14 November 2002

Property address

37-41 Old Bathurst Road Blaxland

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Subject Sites

Proposal The proposed development includes alteration of the existing

structure and the construction of seven new dwelling for a total of eight dwellings for older people or people with a disability, and a dental surgery. The proposal includes associated access, parking and landscaping.


Zoning - Local Environmental Plan No.4

�� Residential 2(a1). Zoning – Draft Local Environmental Plan 2002

�� Living - General. Discussion of Issues 1. Statutory Considerations State Environmental Planning Policy No. 5 (SEPP5) was made on 2 January 1998, with the objective of encouraging housing that meets the needs of older people or people with a disability. This objective was achieved by permitting development identified under the SEPP5 policy in areas where residential dwellings and other specified development is permitted.



“Schedule 1 Environmentally Sensitive Land

Insert at the end of the Schedule:


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Amendment No. 5 had the affect of prohibiting SEPP5 development on land identified as Bush Fire Prone Land —Vegetation Category 1.



Clause 26 of SEPP5 generally provides that the SEPP5 policy, including amendments to the policy, do not apply to development applications made but not yet determined. However, Amendment No. 7 has the effect of ensuring that land identified by Amendment No. 5 is immediately excluded from the SEPP5 provisions, even if a development application has been lodged but not yet determined. The proposed development is for the alteration of an existing structure and the construction of seven new dwellings, resulting in a total of eight (8) dwellings and a dental surgery. The majority of the site is identified on the relevant map (certified under Section 146) as being ‘Bush Fire Prone Land —Vegetation Category 1’. All proposed dwellings are directly affected by Bush Fire Prone Land —Vegetation Category 1 and therefore not permissible under the new provisions of SEPP5. These changes to SEPP 5 and the amendments to the legislation regarding bushfires are being considered in the current work on Draft Local Environmental Plan 2002 and the location of the areas identified for accessible housing. This will be reported to Council at the appropriate time. Conclusion The applicant was advised that the development is not permissible and was requested to withdraw the current application. The application has not been withdrawn. Given that the development is not permissible, Council cannot approve the application and hence it is recommended that the application be refused.

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ITEM NO: 12 SUBJECT: DEMOLITION AND CONSTRUCTION WORK INVOLVING

BUILDINGS CONTAINING ASBESTOS CEMENT PRODUCTS FILE NO: C00134 Recommendation: That the Report be received and noted. Report by Group Manager, Environmental & Customer Services: Council, at its Meeting on 9 July 2002, considered a Notice of Motion in relation to the potential risks to workers and residents associated with exposure to asbestos from building and demolition works involving asbestos cement products and resolved:

“That Council receives a report on the basis of the following submission by Councillor Gaul: ‘That Council notes the health risks to building workers and surrounding residents from demolition or renovation of structures containing asbestos products and resolves that:

1. In respect of the demolition of structures that contain or are likely to

contain Asbestos products:

A. Upon granting consent to demolish a building or structure that contains asbestos, Council is to notify in writing the residents adjoining the demolition site of the following:-

- The conditions of Development Consent: - Council's telephone number - The Ordinance Inspector's phone number for after hours

contact; - The telephone number of the WorkCover Construction Team

(02) 9370 5099 - The name and phone number of the contractor responsible

for the demolition

A copy of WorkCover's "Short Guide to Working with Asbestos Cement" is to be sent with the Council notification to adjoining residents.

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B. The following conditions of development consent are to imposed:

1. Five (5) working days (i.e. Monday to Friday with the

exclusion of Public Holidays) notice in writing is to be given to Council for inspection prior to the commencement of any such works.

2. On the first day of demolition, work is not to commence until

the Principal Certifying Authority (PCA) has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until the PCA is satisfied that all measures are in place so as to comply with WorkCover's "Short Guide to Working with Asbestos Cement", a copy of which accompanies the Development Consent.

3. All asbestos laden waste, including flat, corrugated or

profiled asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA).

NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed to receive asbestos. Upon completion of tipping operations the applicant must lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal.

4. Demolition works are restricted to Monday to Friday

between the hours of 7am to 6pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.

5. The applicant is to notify adjoining residents five (5) working

days prior to demolition. Such notification is to be a clearly written note on note pad size paper giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

6. The applicant agrees to an audit of the demolition work by

an OH&S consultant nominated by Council. If the developer is in default of OH&S requirements the developer will pay for the audit and stop work. If the contractor does not accept the opinion of the audit company work will stop until determined by WorkCover.

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7. The developer will display agreed asbestos/demolition

signage prior to and during demolition

8. A portaloo with appropriate washing facilities will be required on site prior to commencement of demolition.

2. In respect of the renovation or brick veneering or cladding of structures

containing asbestos, the following development consent conditions are to be imposed: 1. All asbestos cement sheeting must be removed by contractors with

an appropriate license issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:

- Brick veneering or re-cladding of any building where the

existing walls to be covered are currently clad with asbestos cement;

OR - Construction work where new work abuts existing asbestos

cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.

2. All asbestos laden waste, including flat, corrugated or profiled

asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA).

3. The developer agrees to an audit of the demolition work by an

OH&S consultant nominated by Council. If the developer is in default of OH&S requirements the developer will pay for the audit and stop work. If the contractor does not accept the opinion of the audit company work will stop until determined by WorkCover.

4. The developer will display agreed asbestos/demolition signage prior

to and during demolition

5. A portaloo with appropriate washing facilities will be required on site prior to commencement of demolition.

NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed' to receive asbestos. Upon completion of tipping operations the applicant shall lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal.”

(Minute No. 288, 9/7/02)

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Background Inhalation of airborne asbestos fibres is acknowledged as posing a serious public health risk and a major cause of asbestosis, lung cancer and mesothelioma. Asbestos has been extensively used for many years in the building construction industry in Australia including as thermal or acoustic insulation for pipes, beams etc and in asbestos cement products including flat, corrugated or compressed sheeting and pipes. Since the 1930’s, and particularly in the late 1940’s, 1950’s and 1960’s, fibrous cement building material, or ‘Fibro’ as it was more commonly known and marketed, was extensively used in the construction of dwellings and other buildings. Up until the late 1970’s and early 1980’s these products were manufactured using asbestos fibres. Since that time the use of asbestos in fibrous cement products has been replaced with alternative fibrous materials. Flat ‘Fibro’ sheeting was commonly used as an internal and external wall cladding and as an eaves soffit lining in the construction of dwellings. Compressed asbestos cement sheeting was used as a flooring material in bathrooms, laundries and the like, while corrugated sheeting was used as a roof covering. If these products are maintained in a good serviceable condition they pose no significant health risk. However, precautions need to be taken when renovating or demolishing buildings containing asbestos cement materials, or when disturbing any product containing asbestos in a way likely to generate dust. Legislative Requirement Under the Occupational Health and Safety Regulation 2001, an employer is required to ensure that all asbestos work is carried out, in a manner appropriate to that work, in accordance with the relevant provisions of:

1 “Guide to the Control of Asbestos Hazards in Buildings and Structures (NOHSC: 3002 (1988))”; and

2 “Code of Practice for the Safe Removal of Asbestos (NOHSC: 2002

(1988))”. The Regulation requires that any person carrying out work in relation to the removal of bonded asbestos (eg asbestos cement products) having a total surface area of 200 m2 or more, or carrying out certain demolition work, be required to hold a license relating to that work. The Regulation also imposes other obligations on persons involved in licensed demolition or asbestos removal work regarding the appointment of and responsibilities of a principal contractor, appointment of and responsibilities of sub-contractors, preparation of occupational health and safety management plans and safe work method statements, and keeping of a register of hazardous substances. Under the Regulations licensed contractors must also notify the WorkCover Authority of any project involving the removal of more than 200 m2 of asbestos cement sheeting.

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At present, while it is illegal to re-use asbestos cement sheeting in building construction, there is no statutory requirement requiring the removal of existing cladding material. Council’s Present Practice In terms of Council’s present practice in assessing and determining development applications relating to the demolition or alteration of buildings containing asbestos cement material, conditions are generally imposed on the consent requiring:

1 The demolition work to be supervised by a competent person with due regard to safe working practices and in accordance with the requirements of the NSW WorkCover Authority;

2 Such work is to be carried out in accordance with the WorkCover

Guidelines and the relevant recommendations of the National Occupational Health and Safety Commission (Worksafe Australia);

3 The asbestos cement material is to be disposed of to an approved waste

management facility licensed to receive asbestos. On larger developments that involve more significant risks associated with hazardous materials, including sprayed asbestos, Council has in the past, required submission of a Report from a suitably qualified person addressing the management of the hazard. Council’s Draft Better Living Development Control Plan, which is presently on public exhibition, incorporates a section (C1.4) that includes guidance for the handling and disposal of asbestos cement materials from building sites. Discussion As indicated in a preceding section of this Report, the Occupational Health and Safety Act (OH&S Act) and Regulations impose certain requirements on persons undertaking asbestos cement removal work. In particular, the Act requires that the work be undertaken in accordance with the relevant National Occupational Health and Safety Commission guidelines.

The responsibility for ensuring compliance with the provisions of the OH&S Act primarily rests with the NSW WorkCover Authority. Accordingly, given that the requirements for asbestos removal works fall under the OH&S Act, and WorkCover are the authority charged with the responsibility for administering that Act, it is considered the investigation of any alleged breaches relating to asbestos removal works should generally remain with WorkCover.

An issue arises however in respect to Council’s responsibilities under the development assessment process to consider the impacts of any proposed development, including any impacts on the environment and on adjoining properties. There is also a strong argument that this responsibility extends to include requiring the removal and disposal of asbestos cement sheeting from a site. This could be achieved through imposing appropriate conditions on development consents relating to this work. Imposing such conditions

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however also implies an obligation to ensure compliance with the terms of those conditions.

A number of western Sydney Councils, including Holroyd Council, have introduced certain requirements on developers and home owners wishing to demolish houses and other structures incorporating asbestos cement material.

These requirements are very similar to those proposed in the original Notice of Motion.

The following Table represents a brief summary of some of the more significant requirements from a number of Councils surveyed:

Requirements Council

Waste DCP Waste Management Plan Required

Conditions Waste Education/Project Officer

Bankstown Yes Yes No* Yes Blacktown Yes Yes Yes** Yes Campbelltown Proposed Some details

required No* Yes

Fairfield Yes Yes Yes** No Hawkesbury No No No* No Holroyd Yes Yes Yes** Yes Lithgow No No No* No Parramatta No Yes Yes** No Penrith Yes Yes Yes** Previously

* No specific conditions other than requiring compliance with WorkCover Guidelines and disposal at approved Waste Management Facility ** Conditions similar to those proposed in Notice of Motion eg Notification of neighbours, notification of Council, submission of receipts from Waste Management Facility etc in addition to compliance with WorkCover Guidelines. The majority of those Councils surveyed that impose requirements similar to that proposed in the Notice of Motion generally have a Development Control Plan (DCP) relating to waste reduction, or similar provisions in a consolidated DCP, that require submission of a Waste Management Plan with any development application for the demolition of a building. The Waste Management Plan includes a requirement to provide details of any asbestos cement material to be demolished, estimates of quantities, method of disposal, details of the demolition contractor etc. Furthermore, these Councils also generally employ a Waste Education/Project Officer, or a similar equivalent position, who is responsible for assessing, monitoring and enforcing the Waste Management Plans. Discussions with officers from each of the Councils indicate that there are varying degrees of success in achieving compliance with the Waste Management Plan and the various consent conditions. They further advise that compliance is heavily dependant on the Council having adequate staff resources, such as a waste Education/Project Officer to undertake an effective monitoring and enforcement program.

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Given current resources and workloads within the Environmental & Customer Services Group, it would be difficult for Council to undertake such a program in the Blue Mountains. As indicated in a preceding section of this Report, asbestos cement sheeting was commonly used in the building industry up until the early 1980’s for internal and external cladding, and for eaves soffit lining. Given the age profile of much of the building stock in the Blue Mountains, a significant number of buildings are likely to incorporate asbestos cement materials in their construction. It needs to be acknowledged that while Council consent is required for most demolition and new building work, a significant proportion of renovation work to these older homes and that is likely to involve materials containing asbestos cement, does not require Council consent. This includes works such as replacement of internal asbestos cement wall linings with new materials, re-cladding of external asbestos cement cladding, bathroom renovations etc. While under Council’s Development Control Plan 33 – Exempt and Complying Development such work is still required to comply with the WorkCover Authority’s Guidelines, they would not be subject to the proposed requirements outlined in the Notice of Motion. In regard to the specific suggestions outlined in the Notice of Motion, the following comments are offered:

(a) “In respect of the demolition of structures that contain or are likely to contain Asbestos products:

(A) Upon granting consent to demolish a building or structure that

contains asbestos, Council is to notify in writing the residents adjoining the demolition site of the following:-

- The conditions of Development Consent: - Council's telephone number - The Ordinance Inspector's phone number for after hours

contact; - The telephone number of the WorkCover Construction Team

(02) 9370 5099 - The name and phone number of the contractor responsible

for the demolition

A copy of WorkCover's "Short Guide to Working with Asbestos Cement" is to be sent with the Council notification to adjoining residents.”

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Comment

Council generally notifies development applications involving the demolition of buildings to adjoining and other nearby property owners likely to be affected by the proposal upon receipt of the application in accordance with the provisions of Development Control Plan No 35 - Community Consultation for Land Use Management.

Where a submission is received as a result of this notification process, written advice is forwarded to that person advising of Council’s determination of the application.

Generally, adjoining residents who are not owners are not notified of a proposed development. Notification of adjoining residents of a development involving asbestos removal would help ensure that those persons who otherwise may not be aware of the proposal or the procedures to be followed, are fully informed. However, there would be significant administrative costs and impracticalities associated with introducing additional notification procedures are based on: i) The nature or type of the development; and ii) Upon determination of an application. Furthermore, their would be both training and employment costs in ensuring that Council’s Environmental Rangers attend an appropriate asbestos awareness course to enable them to investigate alleged after hours breaches. Furthermore, the impact on existing staff staffing levels and priorities would need to be assessed and resolved.

“(B) The following conditions of development consent are to imposed:

“1. Five (5) working days (i.e. Monday to Friday with the

exclusion of Public Holidays) notice in writing is to be given to Council for inspection prior to the commencement of any such works.”

Comment The purpose of notifying Council for an inspection five (5) working days prior to demolition works commencing is not readily apparent.

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It is assumed that the purpose of the notification is to allow Council to carry out an inspection of the demolition site to ensure the relevant WorkCover requirements are being complied with prior to demolition commencing. However, other than fencing or otherwise appropriately securing the site, the majority of WorkCover’s requirements relate to the actual work practices used in removing the asbestos sheeting rather than site works. “2 On the first day of demolition, work is not to commence until

the Principal Certifying Authority (PCA) has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until the PCA is satisfied that all measures are in place so as to comply with WorkCover's "Short Guide to Working with Asbestos Cement", a copy of which accompanies the Development Consent.”

Comment Similarly, the benefits of requiring the Principal Certifying Authority (PCA) to inspect the site prior to demolition are not readily apparent. Under the provisions of the Environmental Planning & Assessment Act, 1979, a PCA is required to be appointed prior to the commencement of any building works associated with a development. However, the Act does not require the appointment of a PCA in respect to work not involving the erection of a building. Accordingly, a PCA is not required to be appointed in respect to the demolition of a building. “3. All asbestos laden waste, including flat, corrugated or

profiled asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA).

NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed to receive asbestos. Upon completion of tipping operations the applicant must lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal.”

Comment Council is Council’s present practice to impose a condition on development consents relating to the demolition or alteration of buildings likely to contain asbestos cement sheeting, requiring that the material be disposed of to a Waste Management Facility licensed to accept asbestos.

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Council however does not require the applicant to lodge copies of receipts issued by the receiving facility upon completion of demolition works. Discussions with officers from a number of those Council’s that require submission of receipts indicate a number of difficulties achieving compliance. These include difficulties in reconciling the volume of asbestos cement sheeting in a building with that disposed of to the Waste Management Facility, reconciling the receipt issued with the address of the building being demolished, failure of receipts to record the volume of material disposed of, single receipts being issued for a number of different development etc.

The discussions indicate that the effective enforcement of this requirement is highly resource dependent. At this stage the Environmental & Customer Services Group is not resourced to undertake this task.

“4. Demolition works are restricted to Monday to Friday

between the hours of 7am to 6pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.”

Comment Council presently generally restricts the carrying out of site and building works, including demolition, to the hours of 7 am – 6 pm Monday to Friday and 8 am – 3 pm Saturdays. It is understood that the purpose of prohibiting demolition works on Saturdays is to restrict the hours this activity may be carried out to correspond more closely with the WorkCover Authority’s Inspectors standard work hours. However, it is considered that introducing different hours in which building and site works may be carried out and in which demolition works may be carried out will lead to confusion. Furthermore, discussions with WorkCover indicate that officers are available to investigate alleged breaches of their requirements on a weekend in emergency situations. “5. The applicant is to notify adjoining residents five (5) working

days prior to demolition. Such notification is to be a clearly written note on note pad size paper giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.”

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Comment It is considered that there is merit in requiring building/demolition contractors to notify adjoining property owners prior to the undertaking of asbestos removal work. However it is expected that there would be resource implications in monitoring and enforcing such a requirement. Discussions with officers from other Council’s indicate that the while level of compliance with this condition has improved, it does require on-going education of contractors.

“6. The applicant agrees to an audit of the demolition work by

an OH&S consultant nominated by Council. If the developer is in default of OH&S requirements the developer will pay for the audit and stop work. If the contractor does not accept the opinion of the audit company work will stop until determined by WorkCover.”

Comment The proposal to require an audit of the demolition works by an independent Occupational Health & Safety (OH&S) consultant is considered problematic. The responsibility to ensure that work is being undertaken in accordance with acceptable OH&S practices is essentially the responsibility of WorkCover. As indicated in a preceding section of this Report, licensed contractors are required to notify the WorkCover Authority of any project involving the removal of more than 200 m2 of asbestos cement sheeting. Furthermore, it is likely that Council would face difficulties in recovering payment from the contractor for the cost of the audit if issues were identified.

“7. The developer will display agreed asbestos/demolition

signage prior to and during demolition” Comment The provision of appropriate signage identifying the site as containing asbestos is considered to have merit and could be readily incorporated into Council’s standard conditions for the demolition of buildings.

“8. A portaloo with appropriate washing facilities will be

required on site prior to commencement of demolition.”

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Comment WorkCover’s Guide to Working with Asbestos requires that suitable protective clothing, including coveralls and respiratory protection, be worn when removing asbestos cement sheeting. The OH&S Act and Regulations impose additional responsibilities on employers to ensure that procedures are in place for the laundering and cleaning of protective equipment.

(b) “In respect of the renovation or brick veneering or cladding of structures

containing asbestos, the following development consent conditions are to be imposed: 1. All asbestos cement sheeting must be removed by contractors with

an appropriate license issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:

- Brick veneering or re-cladding of any building where the

existing walls to be covered are currently clad with asbestos cement;

OR - Construction work where new work abuts existing asbestos

cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.”

Comment

The requirement to remove all asbestos cement sheeting from a building prior to brick veneering or re-cladding is not supported. It is generally accepted that providing the asbestos cement sheeting is intact and in good condition, it does not pose a threat to public health. The removal of such sheeting may, in some circumstances, result in the generation of asbestos dust that otherwise would not occur. The retention of the existing sheeting may also aid improving the insulation qualities of the wall and the overall energy efficiency of the building. Furthermore, as indicated in a preceding section of this Report, under Council’s DCP 33 Exempt & Complying Development, a significant proportion of renovation and re-cladding of buildings is undertaken without the need to obtain Council consent.

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In regard to the proposal that all work be undertaken by licensed contractors, the Occupational Health and Safety Regulations specifies that any person carrying out work in relation to the removal of bonded asbestos (eg asbestos cement products) having a total surface area of 200 m2 or more, or carrying out certain demolition work, be required to hold a license relating to that work. The proposal to require all asbestos cement sheeting, irrespective of the quantity, to be removed by licensed contractor is considered overly restrictive. Such a requirement would prevent home owners form undertaking minor alterations and additions to their property if it contained asbestos cement. “2. All asbestos laden waste, including flat, corrugated or profiled

asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA).

3. The developer agrees to an audit of the demolition work by an

OH&S consultant nominated by Council. If the developer is in default of OH&S requirements the developer will pay for the audit and stop work. If the contractor does not accept the opinion of the audit company work will stop until determined by WorkCover.

4. The developer will display agreed asbestos/demolition signage prior

to and during demolition

5. A portaloo with appropriate washing facilities will be required on site prior to commencement of demolition.”

NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed' to receive asbestos. Upon completion of tipping operations the applicant shall lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal.’ ” Comment These matter have been addressed in the preceding section of the Report.

Conclusion The responsibility for ensuring the safe removal and disposal of asbestos cement sheeting from demolition and construction sites rests essentially with the NSW WorkCover Authority. Notwithstanding, Council, as the consent authority for many of those developments, has a responsibility as part of the development assessment process to consider the impacts of any proposed development, including any impacts on the environment and on adjoining properties.

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There is merit in Council imposing more stringent controls and conditions on development applications involving the removal and disposal of demolition materials containing asbestos cement waste in line with a number of other western Sydney Councils. However, the benefits of this increased role are highly dependent on adequate resources being given to undertake an effective monitoring and enforcement program. Given present resourcing levels and other competing priorities, it is unlikely Council could implement such a program at this time.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 18/2/03

ITEM NO: 13 SUBJECT: COMMUNITY DONATIONS WORKING GROUP FILE NO: C01242 Recommendation: That a Councillor from Ward Four be appointed to the Community Donations Working Group. Report by the General Manager: Council has an annual Community Donations Program whereby assistance is provided to various community groups and projects. In September 1999, Council appointed the late Councillor Sharon Burridge to represent Ward Four on the Community Donations Working Group. It is recommended that Council appoint a replacement Ward Four Councillor to this position.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 18/2/03

ITEM NO: 14 SUBJECT: COMMUNITY ASSISTANCE/DONATIONS-RECOMMENDATIONS

BY COUNCILLORS FILE NO: C00944 Recommendations: 1. That Council approve the following donations from the Councillors’ Minor Local

Projects Vote:

Organisation Amount Mountains Outreach Community Services $200 Uniting Church, Blue Mountains Parish $50

2. That Council approve the following donations from the Mayoral Contingency Fund:

Organisation Amount Mountains Outreach Community Services $500 Katoomba Uniting Church $200 Concert for Canberra $327

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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FACILITATING COMMUNITY DEVELOPMENT Item 14 - Ordinary Meeting, 18/2/03

Minor Local Projects

Recommending Councillor

Organisation Purpose Amount

Cr A Henson Mountains Outreach Community Services

Assistance with the publication of Aunty Joan Cooper’s biography

$100

Cr C Kime Mountains Outreach Community Services


$100

Cr C Van der Kley Uniting Church, Blue Mountains Parish Hall hire costs $50

Mayoral Contingency Fund

Recommending Councillor

Organisation Purpose Amount

Cr J Angel Mountains Outreach Community Services


$500

Cr J Angel Katoomba Uniting Church.

Advertising and hall hire costs for Service of Thanksgiving for Emergency Service Personnel

$200

Cr J Angel Concert for Canberra. Springwood Civic Centre hire costs. $327

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 18/2/03

ITEM NO: 15 SUBJECT: CONSTRUCTION OF SKATE FACILITY AT BELLEVUE PARK,

LAWSON CONTRACT NO. 2002-016 FILE NO: H01092 Recommendations: 1. That Council accepts the tender submitted by Convic Skate Parks for the design

and construction of a skate facility at Lawson (Contract No. 2002-016), for the sum of $129,250 ($117,500 plus $11,750 GST).

2. That Council approves the present shortfall of $20,000.00 to complete the project

(eg landscaping, seats etc) is found from the 2002/2003 Capital Works Program. Report by Group Manager, City Solutions: This report recommends acceptance of a tender for the design and construction of a skate facility at Bellevue Park, Lawson, under the Capital Works Program. Background At the Ordinary meeting of 7 August 2001 Council adopted the following recommendations:

“1. That Bellevue Park is adopted for the Mid Mountains skate facility, based on attributes determined by Council as being desirable in a skate facility and the overwhelming support of all who attended the community meeting held on 30 June, 2001.

2. That a final design is prepared in consultation with local skaters in preparation

for lodging the development application.” Since then a task force has worked with the community and Councillors to develop a concept plan. A grant of $41,749 has been received from the Department of Sport and Recreation and $95,000 has been allocated as is part of the 2002/03 Capital Works Program. A report that recommends the granting of consent to the development application for the skate park is also before Council at this meeting. The contract is for final design of the skate park, earthworks and the construction of the concrete skate surface. Landscape works around the facility are not incorporated into the final tender and will be installed only so far as the budget allows at this time.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 15 - Ordinary Meeting, 18/2/03

Discussion Tenders, closing at 2:00pm on Tuesday 28 January 2003, were invited for the design and construction of the above project. The two following tenders were received and are ranked in order of price, with the lowest first and the highest last: TENDERER CONVIC SKATE PARKS AUST. Lowest Price CIVIL MANAGEMENT GROUP GORDON. Highest Price All tenders submitted were scrutinised for errors and or discrepancies. All conforming tenders were assessed using a weighted attribute evaluation method relating to selection criteria specified in the brief and in accordance with Local Government Tendering Regulation 1999.

ITEM ATTRIBUTE WEIGHTING 1 Ability to supply items identified in the scope of works. 5%

2 Methodology statement for design and construction.

5%

3 Compliance with the project time schedule. The project should be completed by June 2003 prior to the commencement of the highway widening.

5%

4 Relevant experience and performance on previous similar projects.

10%

5 Ability to communicate and negotiate to achieve broadly supported outcomes.

5%

6 Ability to deliver a high quality project. 5%

7 Adequacy of insurance. 5%

8 Financial viability. 5%

9 Absence of a conflict of interest. 5%

10 Any innovative approaches. 5%

11 Environmental Management Plan. 5%

12 Site safety Management Plan. 5%

13 Risk Management System. 5%

14 Price 30%

TOTAL 100%

Assessment of each submission was based on the ability of the contractor to meet the requirements of the brief, selection attributes and in providing the essential documents requested in the brief.

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A copy of individual Tender assessments, based on the evaluation criteria listed above, is available on file for the information of Councillors. The resulting total weighted attributes are listed in order below (most favourable to least favourable):

ITEM TENDERER TOTAL WEIGHTED ATTRIBUTE

1 CONVIC SKATE PARKS AUST. 7.95

2 CIVIL MANGEMENT GROUP 3.80

The references for the recommended Contractor were checked by the selection panel and were found to be satisfactory. The assessment confirmed that the tender from Convic Skate Parks Aust. had the highest weighted attribute of 7.95. Conclusion The Tender submitted by Convic Skate Parks Aust. meets the requirements of the Tender Documents and Specification. Convic Skate Parks Aust. is a very experienced skate park contractor with sufficient resources and appropriate management skills. The tender from Convic Skate Parks Aust. offers the highest benefits and best value for money to Council’s ratepayers for the work involved. Additional funds will be sought from the 2002/03 capital works budget to finalise the final landscape works, including seats, bins, and bubblers. 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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ITEM NO: 16 SUBJECT: ALCOHOL FREE ZONES FILE NO: C01242 Recommendations: 1. That consultations be undertaken in accordance with the Local Government

Amendment (Alcohol-Free Zones) Act 1995 and Ministerial guidelines, seeking comment in relation to the proposals to: a) Re-instate Alcohol Free Zones in the locations that were subject to the AFZ

designation that expired in September 2002;and b) Designate Pioneer Place Katoomba as an addition to the Katoomba town

centre AFZ. 2. That Council erect signs prohibiting the consumption of alcohol in Glenbrook Oval

and Glenbrook Park. 3. That Council receive a report on the proposals once the consultation has been

completed. Report by Group Manager, City Solutions: Background Alcohol Free Zones are intended to be short-term measures put in place so authorities can address alcohol related issues and develop long-term strategies to deal with the problems associated within a particular area. The legislation advises that Alcohol Free Zones are not intended to be the solution to the problem of disorderly drinking in public places, rather a temporary resolution until alternative long-term solutions are developed and implemented.

Councils can establish Alcohol Free Zones (AFZ) under the Local Government Amendment (Alcohol-Free Zones) Act 1995 to prohibit the consumption of alcohol on a public street/road or public car park. The maximum duration of an AFZ is 3 years, although it may be re-established. The need for AFZs must be reconsidered afresh before they can be re-imposed. AFZs apply to road reserves and carparks. They are not applicable to public reserves. The AFZs that Council has had in place across the city expired in September 2002 (refer to table below). Prohibiting the consumption of alcohol in a park is established under s 632 Local Government Act 1993, which allows Councils to prohibit any activity.

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AFZs should not be the sole or principal measures aimed at achieving appropriate behaviour. Blue Mountains City Council in partnership with other agencies is implementing the Crime and Safety Plan that will assist in this regard, including the StreetBeat Project reported to the last meeting of Council, and the safety audits recently conducted in Katoomba and Blaxland Town Centres. However, the additional enforcement powers conferred by AFZs is seen to be a continuing need in some areas. Current situation Alcohol Free Zones have been in place at the following locations and have expired: Table 1 Town/Village Location Expiry

date Katoomba �� Main St, between Yeaman Bridge and Katoomba St

�� Gang Gang St between Katoomba St and Lurline St �� Lurline St between Gang Gang St and Leichhardt St �� Katoomba St from Main St to Pryor Place

1-10-02

Wentworth Falls

�� Station St �� Plantation St �� Frost Lane �� Blaxland Rd between Station St and Railway Parade

(includes the SRA bridge) �� Railway Pde between Blaxland Rd and Taylor Ave.

1-10-02

Lawson �� Staples St �� GWH between Staples St and Honour Ave �� between the GWH and Bellevue St �� Bellevue St �� Benang St �� Blind St �� New St �� Adelaide St between Staples St and New St

1-10-02

Hazelbrook �� GWH between Oaklands Rd and Winbourne Rd �� Winbourne Rd from the highway to Glandarrah St �� Glendarrah St �� Oaklands Rd, from Glendarrah St to the highway �� Short St �� Rosedale Ave �� Hazelbrook Shopping Centre carpark

1-10-02

Springwood CBD

�� Macquarie Road between Raymond Rd and the Springwood Bowling Club

�� Greenway Lane from Macquarie Rd to the rear of the Telstra building

1-10-02

East Blaxland �� Shopping center precinct Old Bathurst Rd �� Normic Ave �� The High Rd �� Tallowood Gardens

1-10-02

Blaxland Mall and Station St

�� Between the highway and Hope St 1-10-02

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Blaxland Shopping Centre

�� View St from the highway �� full length of Hope St �� Station St through to Short St �� Intersection of the highway

1-01-03

Mount Riverview Shopping Centre

�� Rusden Rd, between Elizabeth Dve and Dawn Cres 1-10-02

Advice received from the local police supports the need to re-instate the zones and to continue to monitor the effectiveness of the zones. Several requests have been received to renew the AFZs zones that previously applied in the City and to establish new areas of control in Pioneer Place at Katoomba because of the liquor outlet in this location and conflicts that are arising with public enjoyment of this space and the use of the Post Office and its environs. The Glenbrook Chamber of Commerce and the Glenbrook Bowling club have also requested that alcohol consumption be prohibited in Glenbrook Park and at Glenbrook Oval. Some issues have arisen with the underage consumption of alcohol in particular in this location. Whilst AFZs cannot be applied under law to parks and recreation reserves, Council can prohibit the consumption of alcohol by appropriate notice on the signs and this action will assist the NSW Police Service to manage illegal alcohol consumption. Proposal It is proposed that Council complete the consultation required to comply with the legislation with a view to reinstating the AFZs in the previous locations and to extend the AFZ to include Pioneer Place within the Katoomba Precinct. The request to prohibit the consumption of alcohol in Glenbrook Park and at the Glenbrook Oval can be implemented is not subject to the same consultation requirements and it has been recommended that Council proceed to erect the appropriate prohibition notices. Procedures for the Establishment of an Alcohol Free Zone Councils are required to follow the guidelines set out in the Local Government Amendment (Alcohol Free Zone) Act 1995 in establishing an AFZ. Requirements include: �� Evidence that of malicious damage to property, littering, offensive behavior,

obstruction or other crimes. �� Public consultation process (notice in local newspaper of proposal, inviting

representations or objections within 14 days of publication). �� Consultation with the local Police Patrol Commander. �� Copy of proposals must be sent to liquor licensees and secretaries of registered clubs

whose premises border or are adjacent to the proposed zone – inviting representation or objections (within 30 days of the date of sending the copy of proposal).

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�� A copy of the proposal must be sent to the NSW Anti-Discrimination Board – inviting

representation or objections within 40 days (from the date of sending the copy of proposal).

Council may wish to send a copy of the proposal to any known organisation representing or able to speak on behalf of an identifiable Aboriginal or ethnic group within the local area and invite representation or objection (within 30 days of sending of copy of proposal). After complying with these procedures a Council may, by resolution, adopt a proposal to establish an Alcohol Free Zone. Conclusion All Alcohol Free Zones that were in place in the Blue Mountains LGA have expired. Should Council wish to re-establish Alcohol Free Zones the necessary Ministerial Guidelines require consultation and assessment of the need to employ AFZs as control measures. In addition to the individual representations for reinstatement, advice from NSW Police reinforces the need to re-establish those zones in order to manage offensive behaviour and underage drinking at some sites.

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ITEM NO: 17 SUBJECT: TOWN ENTRY SIGNS FILE NO: R00/0010 Recommendations: 1. That town entry signs and City entry signs be erected at Mount Tomah and residents

be invited to provide submissions on a Town Slogan. 2. That a report come to council should residents decide to submit Town Slogans. 3. That Council program the installation of standard town entry signs for Bell, Mt

Riverview and Yellow Rock, to replace the outdated town entry signs, during the course of 2003/04.

4. That consultation be initiated with the residents and community groups of Mount

Wilson to seek their approval in regards to the installation a Town Entry Signs at Mt Wilson.

5. That Council do not install the standard town entry sign if residents of Mount

Wilson are not in favour of such a sign and the existing community built stone and wood town entry sign be maintained.

Report by Group Manager, City Solutions: Introduction This report addresses issues arising from the Notice of Motion presented at the Council meeting of 3 December 2002 where it was resolved:

“That Council receives a report on the installation of town entry signs for the villages of Mount Tomah, Mount Wilson and Bell on Bells Line of Road”.

This report also addresses the issue of Town Entry Signs in general, as they relate to policy for the whole of the Blue Mountains.

Background At the 12 October 1993 Council meeting it was resolved that Council erect town entry signs for every town in the Blue Mountains. The recommendation was to develop signs that would give an identity to each of the townships throughout the Blue Mountains, be stylish and notable, be of benefit to tourists, and provide space for community information. The signs are to be consistent in construction type and format including:

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�� The first or top panel states “City of Blue Mountains” with the Council crest, the

particular village/township and its subsequent altitude. �� The second panel, states the particular town/village slogan (this is optional, not all

areas wished to have a slogan). �� The third subsequent panel is for advertising town/village events such as festivals – no

commercial advertising is permitted. �� The fourth bottom panel used solely for Bush Fire Brigade purposes. It was agreed that signs into the City along the Great Western Highway and from the west along Bells Line of Road also be installed. Town Entry Signs have now been erected across the Blue Mountains for all towns/villages with the exception of Bell, Mount Tomah and Mount Wilson. A previous resolution of Council (20/07/2002) recommended the installation of a sign at Lapstone. The existing Capital Works resources for Town and Industrial Signs is currently fully allocated on installing the Lapstone sign, and repairing one sign at Medlow Bath and two signs at Katoomba. Mount Tomah Mt Tomah does not have a Town Entry Sign or a City Entry Sign. Mt Tomah Community and Ward Councilors will be invited to provide submissions for the “Town Slogan”. Mount Wilson Feedback from some residents of Mt Wilson during the Area 1 Community Planning process indicated that they are not in favour of a standard Town Entry Sign. Mt Wilson has an existing town entry sign, constructed of wood and stone and installed by local residents. The sign is located on the entry road to Mt Wilson ( Mt Wilson Rd) at the town boundary. If Council wishes to proceed with the installation of a standard Town Entry Sign at Mt Wilson, consultation with residents and community groups will be required. Bell, Mt Riverview and Yellow Rock There are currently Town Entry Signs at Bell, Mt Riverview and Yellow Rock, which do not conform to Council standards. It is recommended to program the replacement of these signs in line with available resources. Conclusion The addition and upgrade of signs, as recommended in this report will be considered within the Capital Works program for 2003/04. Consultation with the communities of Mt Wilson and Mt Tomah will be undertaken before June 30, 2003 to allow for the outcomes to be incorporated into work programs for 2003/04.

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ITEM NO: 18 SUBJECT: ESTABLISHING A NEIGHBOURHOOD PARK IN SOUTH

WARRIMOO

FILE NO: A61432 Recommendations: 1. That Council note the report. 2. That Council agree to enter into negotiations with the Anglican Church Trust for

the potential purchase of two of the existing lots at 14 Arthur Street for the creation of a neighbourhood park.

3. That the outcome of the above negotiations be reported back to Council. Report by Group Manager, City Solutions: Background At the meeting on 3 December 2002, Council resolved:

“To receive a report, on behalf of South Warrimoo Village Community Group, Warrimoo Public School, Warrimoo Public School P&C Association, Warrimoo Public School Council, Warrimoo Playgroup, Warrimoo Action Group and Warrimoo Citizens Association, as a matter of urgency, advising if there is a way forward to establish the neighbourhood park in South Warrimoo while current opportunities still prevail”.

This report provides Council with an overview of the current situation as it relates to establishing a neighborhood park in South Warrimoo. The Great Western Highway divides Warrimoo. The closest park for those living in South Warrimoo is Warrimoo Oval, which is located on the north side of the highway, approximately 1 km along Rickard Road. Since the mid 1990s residents of South Warrimoo have been requesting parkland be established and play equipment installed. To date, efforts have been focused on three possible locations. These include the local school, the All Saints church site and the Sydney Water site.

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Excerpt of South Warrimoo showing the location of 2 possible park locations Warrimoo Public School Residents have made enquiries with the local public school to see if the community may use the school playground. The school stated it is unable to give permission due to liability issues and constraints relating to the Enclosed Land Protection Act 1943. A letter had been received from the school confirming its position. All Saints Church site 14 Arthur Street (3 lots) A representative from the All Saint’s Anglican Church in South Warrimoo have indicated to Council they are considering selling part of its land at 14 Arthur Street. They have not confirmed this position. The site is made up of three lots, two of which are vacant (the lots closest to “The Avenue”). The disused church building is located on the third lot. The Church is considering selling the two vacant lots. The two lots of vacant land measures 30 meters wide and 42 meters deep, providing an excellent area of open space suitable of a neighbourhood park. Play equipment could be installed approximately 15 from the nearest residence. This is the least impact on residential amenity of the options presented. Play equipment would be small scale, focusing on younger children (under 10 age group).

Sydney Water Site

All Saints Church Site

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Sydney Water site 6 Victoria Street Sydney Water currently has a vacant site earmarked for disposal. The lot is a narrow and long section of land, 15 meters wide and 50 meters deep. Other site There is the possibility of one further site, which is well located, however, this site is dependent upon a successful development application and will not be considered further until the outcome of the DA is known. Summary The Church site is considered the more appropriate site given the options at this time, given its location, size and space for embellishment with minimal impact to adjoining landowners. The development of a park in South Warrimoo has been nominated as a project in the draft 2003/04 – 2006/07 capital works budget for Council’s future consideration. The nomination is for the development of a park only, with any associated land acquisition being a separate exercise and requiring a separate report to Council. Council currently possesses a vacant lot at 219 Great Western Highway, which is currently zoned Operational (LEP 4 Zone “Recreation 6A). This parcel of Council land is not serving any operational or community need, does not facilitate service delivery objectives and the property disposal may deliver better outcomes for the local community. This lot of land is not strategically located for the development of a park given the proximity to the highway, which raises safety and access issues, and the residential catchment is much less than the other preferred lots of land (refer map below).

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Conclusion The Public school have formally notified Council of their position to not approve use of the school play equipment for general community use. That most favourable site at this time for the development of a park in South Warrimoo is the Anglican Church site and Council should commence preliminary negotiations with the Anglican Church Trust regarding the site.

219 Great Western Highway

Preferred lot for the park in Arthur Street

Page 96

TRANSPORTATION & ROADS Ordinary Meeting, 18/2/03

ITEM NO: 19 SUBJECT: TV BLACK SPOT GRANT, MEGALONG VALLEY – RESULTS OF

INVESTIGATION OF ISSUE FILE NO: C05815 Recommendations: 1. That Council note the contents of this report. 2. That a report come back to Council for the 11 March 2003 meeting providing

additional information, which at this time is still either unresolved or unclear. Report by Group Manager, City Solutions: This report provides Council with information to hand on the potential of a TV Black Spot program grant to assist Megalong Valley residents improve free to air TV services. At this time, there are a number of matters which are yet to be resolved (refer ‘Issues to be resolved’), which require more time and scrutiny. These matters will be clarified within the period between this report and the next Council meeting of 11 March 2003. Background The Commonwealth Government established a fund from the proceeds of partial sale of Telstra in 1999 for the purpose of capital contribution to re-transmission services in areas with poor or non-existent free to air television reception. The funds are available to incorporated community organisations and local government, and are limited to a maximum of $150,000. There is a site establishment fee of $25,000 and a sum of $25,000 for channel provided, up to a maximum of five channels. The threshold for the project to apply and be funded has been set at a minimum limit of fifty (50) affected households. Minute No.549 at the ordinary meeting of 5th December 2000, Council resolved unanimously on the motion of Councillors Hamilton and Kozelj:

“That Council, on behalf of all the residents in the Megalong Valley and subject to investigation, liaises with Lithgow Council in order to advocate to secure part of the $35 M TV Black Spots Program – Round 2, and this funding be applied for before March 2001”.

The program deadline has been extended to 30 April 2003, by which time Council, should it wish to proceed, must have submitted an expression of interest (EOI) for the project and met certain criteria, for example, that the project has a minimum of fifty (50) households and agree to cover ongoing operation and maintenance costs of the project.

Page 97

TRANSPORTATION & ROADS Item 19 - Ordinary Meeting, 18/2/03

Site A site has been chosen and some preliminary testing by the Australian Broadcasting Authority (ABA) has been undertaken, with the results being reasonably positive. The site is located within the Blue Mountains Local Government Area, and is located in the Megalong Valley on private land, on a property called ‘Yamboon Park’, in Peach Tree Road. The site has good access, is in excess of 800 metres above sea level and is located within 500 metres of mains power supply. The owner of the property, through his solicitor, has advised that he agrees in principal to the installation to occur on his property, subject to the successful negotiation of a lease arrangement for the installation on/within his property. The area covered by the installation includes both the Megalong and Kanimbla Valley’s. Both these areas are affected by existing poor free-to-air TV reception. Blue Mountains City Council are currently working with Lithgow City Council (LCC) on the matters affecting the proposal and installation. At this time, we are advised that the installation will be able to provide four (4) free-to-air TV channels to the affected area. These channels will be:

��ABC ��SBS ��7 Central (programs from ATN7 Sydney and Prime), and ��Imparja

Issues to be resolved At this time there are a number of matters, which require clarification and resolution. These matters are:

��That there are a minimum of fifty (50) affected households within the Megalong and Kanimbla Valleys,

��That the project will not be affected by the phasing out of analogue transmission in 2008 as its transmission signal will be from satellite,

��Reconfirmation of the communities take-up of the service, ��Negotiation of a lease arrangement with the site’s property owner, ��The clarification of the on-going maintenance and life-cycle operational costs

associated with the facility, and potential capital costs into the future, and ��That a ‘Deed of Arrangement’ between BMCC and LCC be prepared as to the

insurance and cost sharing arrangements for the operation and maintenance of the facility.

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Community support A survey of potentially affected households was undertaken by mail distribution in June 2002. 36 submissions were received from adults in the community, a further 15 from children. There are about 90 potentially affected households in Megalong and Kanimbla Valleys. Most survey respondents currently have access to TV (38), either through existing free to air transmissions into Megalong Valley from the Blackheath transmitter or from Wollongong or via subscription satellite services. Whilst those responding were generally enthusiastic about the proposal there were some respondents who did not support the initiative or thought other priorities for their community were more appropriate for Council. Council commitment The implications for Council, in conjunction with LCC, in taking on the project are: On-going

�� responsibility for lease costs and property dealings, �� responsibility for electricity, licensing and other ongoing costs, �� responsibility for maintenance (particularly vandalism in remote areas) and

ensuring response for on-going service delivery, �� bushfire preparedness, �� liability for public risk and economic loss to any party adversely affected by the

facility and TV service retransmission, and �� capital replacement costs.

One-off �� project management of the roll-out, including securing appropriate technical

skills for this type of facility, and development consent �� complying with development consent conditions and their costs.

The ongoing costs of the installation at this time, appear relatively low, in the order of $1,000 to $2,000 per annum, bearing in mind Council is sharing the operational and maintenance costs of the installation with LCC. At this level of cost, it would appear a good initiative for Council to be involved Comments The TV Black Spot Grant is a one off grant from the Federal Government, which provides capital costs for site establishment and licence fees for up to five (5) stations per site. There is no commitment or funding for ongoing operational and maintenance costs, or for capital replacement of the facility/installation into the future.

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ITEM NO: 20 SUBJECT: DRAFT PLAN OF MANAGEMENT FOR GLENBROOK LAGOON,

MT SION AND MITCHELL’S PASS FILE NO: H00711 Recommendations: 1. That Council formally adopt the Plan of Management for Glenbrook Lagoon, Mt

Sion and Mitchell’s Pass. 2. That the Plan of Management be used to guide the implementation of work and the

development of maintenance of The Reserve, subject to available resources. 3. That Councillors, groups and individuals who participated in the development of

the Plans be provided with a final copy of the document. Report by Group Manager, City Solutions: Background

The Mt Sion Plan of Management adopted in 1999 proposed incorporating Glenbrook Lagoon, Mt Sion and Mitchell’s Pass into a strategic open space network. The Draft Plan of Management for Glenbrook Lagoon, Mt Sion and Mitchell’s Pass addresses all three areas in one Plan of Management. A copy of the Draft Plan of Management was previously distributed for the information of Councillors. The aim of this Plan is to:

�� Provide Council with clear objectives, principles and rationale on which to base the management of the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass open space network.

�� Serve as a document that enables decisions, problems and issues to be addressed. Public Exhibition The details of the public exhibition were advertised in two issues of the Blue Mountains Gazette (6 November 2002 and 13 November 2002). Ten posters outlining the details of the public exhibition were also placed in prominent areas in the Glenbrook and Blaxland shopping centers. The draft Plan of Management was on public exhibition for six weeks, from 6 November 2002 to 20 December 2002. The documents were available for viewing at Council’s Katoomba and Springwood Offices and at Council libraries during business hours. Copies were also available on request from Council’s Katoomba Office.

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All interested persons were invited to make written submissions. No (0) written public submissions were received. Implementation of the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass Plan of Management The Plan provides strategic direction for the management and conservation of the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass open space network. The plan aims to provide focus and a framework for routine maintenance and existing and future projects. Many of these are listed in the Action Plan as “ongoing” and are funded through existing programs. Some of the work Council has recently undertaken and continues to maintain and fund including: �� A Bushcare group has been operating in the area of Glenbrook lagoon since 1993

focusing on bush regeneration around the perimeter of the lagoon. �� There has been the installation of stormwater controls to help protect the lagoon as well

as a recent environmental education initiative carried out by Department of Land and Water Conservation.

�� Blue Mountains Urban Runoff Control Program has conducted bush regeneration

works around Glenbrook Lagoon since 1997. These works will be maintained by Council from June 2003.

�� Hazard reduction burning has occurred in the Mt Sion Park area in the past. Council's

current focus is to establish a slash break around the perimeter of the park immediately joining properties. This break is planned to be maintained on regular basis every 3-4 years.

�� Council annually undertakes control programs for noxious weeds in these areas.

Council monitors closely the aquatic weeds in the lagoon to prevent escape. The water quality in Glenbrook Lagoon is regularly monitored.

The Draft Plan categorises land as “Natural Areas Wetland”, “Bushland”, General Community Use “Park” and “Watercourse”. The principal objectives proposed in the Plan of Management are aimed at achieving the core objectives of these categories as well as providing for additional objectives relevant to particular land parcels. The principal objectives are to: �� Ensure adequate access for residents and emergency services. �� Support the Rural Fire Service and NSW Fire Brigades in their role of protecting life

and property. �� Management of access to public recreation, adjoining residents, maintenance and fire

services. �� Continue works to reduce sedimentation of waterways and to enhance water quality. �� Preserve landscape character and village ambience.

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�� Implement measures to provide for attainment of core objectives, particularly those

relating to restoration of degraded areas and minimising threats to natural habitats within the site.

�� Recommend that those areas categorised as “Natural Areas” within this Plan of Management be zoned “Environmental Protection” within any future LEP that applies to those areas, to ensure that the land is protected from any inappropriate development.

�� Protect the recreational resource of Glenbrook Lagoon, Mt Sion and Mitchell’s Pass. A table of prioritised actions, including indicative costings is included in the Draft Plan of Management. Amendments to the Service Level Agreements to reflect the change in maintenance procedures is required where appropriate. Separate Capital Works Budget bids may be necessary to achieve the outcomes in some instances. Conclusion Finalisation of the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass Plan of Management marks a proactive approach by Council to manage and maintain the important natural heritage and recreation aspects of the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass open space network in accordance with national guidelines and best practice. It is recommended that the Glenbrook Lagoon, Mt Sion and Mitchell’s Pass Plan of Management be formally adopted by Council.

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ITEM NO: 21 SUBJECT: CROWN ROADS & CURRENT ASSET MANAGEMENT POSITION

REGARDING REQUESTS FOR NEW INFRASTRUCTURE FILE NO: R23/0294, C02467, C03263 Recommendations: 1. That Council maintain its current stance of not constructing road pavements within

Crown roads where no roadway is currently formed. 2. That Council request the NSW State Government transfer non classified crown

roads with constructed road pavements under Council control to fee simple Council ownership.

3. That Council develop the 2003/4 capital works program based on recurrent

funding levels and preserving current asset functionality, and restricting new works to addressing only areas of significant, clear and present risk in the areas of property damage, public safety, statutory compliance and environmental damage.

4. That consideration of all outstanding and any future requests, excepting where

works meet these criteria, be deferred until draft implementation plans for the adopted City Strategy are prepared and assessed.

Report by Group Manager, City Solutions: This report discusses issues relating to consideration of Council undertaking the construction and maintenance of Crown roads, and recommends adopting a consistent approach to dealing with requests for new roads/infrastructure, until such time as the implications of future infrastructure planning is assessed. Background At it’s meeting of 22nd October 2002 Council considered a report on a request for new infrastructure at Toll Lane Wentworth Falls, and resolved in Minute No 452 item 2: “That a further report be brought back to Council, at the first meeting in the new year, on the legal ramifications, and the relevant approval authority, if a search confirms the lane is a Crown reserve”. The status of Toll Lane has subsequently been confirmed as a Crown road. Issues It is useful to consider what a road is, the powers and responsibilities of the relevant road authority, and the implications regarding decision making for the control of use, maintenance and construction of roads.

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TRANSPORTATION AND ROADS Item 21 - Ordinary Meeting, 18/2/03

Legally, a road is essentially the reservation of land created for public use and access to other land holdings (this includes lanes). Improvements or changes for the purposes of improved pedestrian, vehicle or utility access/use belong to the authority undertaking such work, and are covered in a range of legislation in addition to the primary roads related Act. On European settlement of Australia, roads were created under the authority of the British Crown. With the evolution of government structure, the authority for crown roads has become the NSW state government, administered by the Department of Land and Water Conservation. Under successive Acts regarding Local Government, land definitions and development, roads have normally been created either by various tiers of government or as part of property subdivision. The latter are created in fee simple and become Councils. With the 1993 Roads Act, Council has become the authority for all (public) roads in its area excepting roads classified with the Roads & Traffic Authority (RTA) as the authority, and roads still classified as crown. This Act also has created confusion over responsibilities for maintenance when the RTA constructs work, and related concerns over the control and direction of works for selected defined roads such as the Great Western Highway. The issue will be covered in a later report to Council. The various Acts give powers to the roads authorities, but do not bind the authority to any particular actions it must take regarding works. All issues of responsibility come down to a duty of care under common law. Recent High Court rulings removed roads authorities exemption from liability for choice not to or failure to act (non feasance). This has been partially offset by the Local Government Amendment (Miscellaneous) Act 2002 and Civil Liability Act 2002 removing the concept of joint liability and capping claims for compensation. This recent legislation is being investigated for its implications, particularly; risk management strategies to minimise potential claims, potential maintenance and improvement works, and the funding implications. For subdivision of private/fee simple land holding to occur, the lots must have a common boundary to a road reserve. The requirement for and nature of infrastructure including road pavements, rests with the consent authority. Since the 1983 Environmental Planning & Assessment Act, this has been Council. Local Situation Within the Blue Mountains Council area, there are 734 km of formed roads, of which 110km are unsealed. Unformed roads are additional to this, and it is estimated there are 235 km of these within the LGA. Of the 624km with constructed pavements, a significant proportion are on crown roads. Of the unsealed roads, a large proportion are in the rural areas where the terrain is not conducive to road construction, and the road formation often does not stay within the road reserve. This creates additional issues regarding entitlement to access, property acquisition or terrain modification.

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Unformed roads are those where Council has not changed the landform or cleared/formed a track for vehicles. The domestic waste trucks don’t use these, and residents are required to leave their bins at the nearest formed road. There are instances where there are tracks on unformed roads, but these have been made by residents or other groups for purposes such as fire trails. Historically, much of the basic layout of the townships in the mountains was done by the Crown via land grants and recorded in parish maps. With the townships of Blackheath, Katoomba (North of railway), Wentworth Falls (South of railway), Lawson, and Glenbrook; the bulk of the township roads were created by the crown. As the roads were created for public use, Council over the years has formed and constructed road structures and stormwater drainage in a lot of these roads, and has thereby assumed liability for the works and the management of the road reserve affected by these works (effectively making them Council roads). Typically, the crown has not and does not construct roads except through the RTA, in which case they are classified. It is also noted Council’s DCP 31 specifically states it is Council’s intention not to increase the extent of its constructed road network unless the works are funded by private developers. Specific Requests In addition to the Toll Lane issue, there are other outstanding resolutions of Council relating to requests for road infrastructure, being Jamieson Street Wentworth Falls (Council Minute 453, Meeting 10/10/00), and Lee Road Springwood (Council Minute 439, Meeting 9/10/01). Jamieson St is also an unformed Crown road in the same section of the Wentworth Falls township as Toll Lane. The development consent covering the subdivision creating the properties that front the road specifically addressed that the property owners were to recognise the road was not going to be constructed, which would have been reflected in the property price and developers profit. For Council to construct the road now could be considered using public funds to give private benefit. With Lee Road, a recent subdivision in the road provided a higher standard of road infrastructure in that section (which would have been paid for by the property owners as part of the purchase price), which has generated requests from residents in other sections for Council funded upgrading of the remainder to the same level. Current Infrastructure Strategy At its meetings of 10th November 1998 and 11th April 2000, Council considered reports on infrastructure asset management. Using a simplified 5-point condition scale, target levels of service and strategies to develop infrastructure were proposed (eg 80% sealing of unsealed roads by 2018). The resolution basically noted the information and adopted the targets subject to funding availability. Subsequent budgets have not allocated the proposed levels of funding.

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The reports under estimated the cost of infrastructure works, with the actual cost of projects in the last 3 years repeatedly being of the order of twice the unit rate estimates used in the reports. Requests For New Infrastructure For at least a decade Council has been accumulating requests for new infrastructure, particularly roads and stormwater drainage, which are both high cost and for which there is potential for vast amounts of work to achieve consistent urban standards throughout the Council area. The selection of projects for capital works programs is not presently based on any robust criteria and priority basis. Table 1 shows at present there are over 1180 outstanding requests, of which 320 are still to have any initial inspection or assessment to determine an appropriate response. Should all the requests be accommodated, the estimated cost of construction would be in excess of $55 Million. The implication of constructing all other potential road and footpath works, which we know about, but are yet to be requested, is to effectively double the value and extent of the infrastructure. The cost of this is in excess of $300 Million without consideration of an associated increase in on-going maintenance, which has not risen significantly over the past years. Certainly, there has been no past practice of budgeting for maintenance of new assets when the asset has been created, exerting greater pressure on the maintenance budget and in real terms decreasing the maintenance standard and service level provided. Dealing with stormwater drainage infrastructure requests would add an additional $80M. The recurrent allocation to the roads and footpaths programs in the capital works program is approximately $2 Million p.a. It would take over 140 years to reach this network standard at this rate of expenditure. The matter is further compounded in that the capital works program would eventually have to cease about halfway to fund the maintenance of the assets, which have been created. Over the last 25 years the population in the city area has doubled, of which a majority has settled in the lower mountains. To enable this, a lot of subdivision work has occurred in which the infrastructure has been developer provided. This has created a discernable difference in the standard and type of infrastructure compared to the rest of the city area. In conjunction with this, this Council has a higher per capita ratio of services and facility related activities than other Councils (eg pools, cemeteries, buildings, tourism, consultation with multiple township organisations, bushfire support) which is supported by less and lower standard road related infrastructure. Capital Works 2001/2 to 2003/4 Management Plan The unsealed roads program in the currently published Management Plan uses funds that were previously allocated to maintenance budget for the purpose of sealing roads where it was more cost effective to seal the road than continue regrading, repairing and dealing with erosion problems.

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Of the 15 projects listed under the roads program for 2003/4, four are crown roads, one is private, and on several others the road track physically deviates from the road reserve onto private property. The crown roads are categorised as formed and Council does undertake maintenance of these roads. It is proposed that in reassessing the 2003/4 Capital Works program, the funds allocated for constructing roads on crown road reserves be reallocated to projects (rehabilitation/reconstruction) on existing Council road reserve assets, and an associated component for ongoing maintenance of the asset be added to the budget. Comments Council needs to consider the funding level provided for rehabilitating existing assets compared with constructing new assets, given the available funding, and bearing in mind the degree of requests for such infrastructure. Council also needs to allocate reasonable resources and funds to maintain its existing assets, as well as providing new maintenance budgets for new assets. It is recommended that Council not spend its finite revenues on constructing new assets on Crown reserves, nor engage in associated maintenance programs, which it is not presently locked into performing on Crown reserves. The magnitude of the implications to the community and Council, particularly financial, clearly require Council to consider a decision framework to deal with requests for new and upgraded infrastructure. Without such framework, criticism of Council’s selection of projects will continue to be generated. Further, Council will create an unsustainable infrastructure situation, and one that doesn’t match its City Strategy.

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Attachment

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ITEM NO: 22 SUBJECT: 50 KM/H URBAN SPEED LIMIT INITIATIVE FILE NO: C03097 Recommendation: That Council note the report regarding the review of the effectiveness of the 50 km/h Urban Speed Limit Initiative. Report by Group Manager, City Solutions Background Council at its ordinary meeting on the 29th June 1999 resolved:

1. ‘That a 50km/h Urban Speed Limit be introduced on all local roads (currently zoned 60km/h) within the Blue Mountains Local Government Area, conforming to the RTA draft guidelines.

2. That the introduction be in accordance with the amended implementation strategy reported to Council on the 27th April 1999.

3. That a review of the effectiveness of the speed limit reduction be undertaken after 12 months operation, with results being reported to Council.’

The installation signage and pavement marking plans where provided by Blue Moutnains City Council to the Roads and Traffic Authority. The initial completion date of the 30th September 1999 was delayed by 18 months as a result of inconsistent and incorrect installation by the Roads and Traffic Authority. The final audited signposting plans where received by Council on the 29th March 2001. The 12 month period of review was extended to April 2002. Evaluation Findings As part of the review process, the results of a major RTA evaluation throughout NSW on a state level from June 1998 to April 2000 to determine the effectiveness of the initiative was referred to. These results where published in the NSW Roads and Traffic Authority, 50 km/h Urban Speed Limit Evaluation, Technical Report September 2000. This evaluation included analysis of the effect of the 50km/h urban speed limit on accidents and vehicle speeds and measured community attitudes to the implementation of the lower speed limit. The LGA’s selected for this report were based on a geographical representation of Sydney and NSW. The 50km/h streets were matched with control streets for the similar geographical location, traffic generation and distribution, contamination by adjacent LGA’s that had adopted the 50km/h urban speed limit, and public education. The Blue Mountains was selected as one of these LGA’s The primary results areas were:

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Accidents: During the first 21 months following implementation there were reductions in the risk of ‘All casualty’, ‘Non injury’, ‘All reported’, ‘Older driver’ and ‘Young driver’ and ‘Pedestrian’ accidents on residential streets in NSW with 50km/h speed limits. The estimated percentage reduction in the risk of a reported accident during the 21-month period was 25.3 %. This equated to approximately 262 fewer road accidents than otherwise expected on those streets speed zoned at 50km/h. The cost saving to the community from avoided accidents over the 21-month period has been estimated at $6.5 million. Vehicle Speeds: There were reductions in the average mean and average 85th percentile speed of vehicles travelling on the streets with the 50km/h limits, and large reductions in the proportion of vehicles exceeding 60, 70 and 80km/h on the 50km/h speed zoned streets. The proportion of motorist who exceeded 60km/h fell from 37.6% to just over 15% after the introduction. The proportion of motorist who travelled over 70km/h fell from almost 10% to just under 3%. The proportion of motorist who travelled at more than 80km/h fell sharply from 1.5% to 0.04%. Community attitudes: There is strong community support for the 50km/h urban speed limit. This support rose from 68 to 75 % between two surveys in January and October 1999, with most people believing that the lower speed limit will improve road safety. This finding applies to residents across both participating and non-participating LGA’s. Localised Data: Council, as part of another investigation in the North Katoomba precinct recorded the following changes in vehicle speeds after introduction of 50 kph signage;

-average mean speed reduced by 8.7 % -average 85th percentile speed reduced 4.4 % -proportions of vehicles exceeding 60 km/h reduced 37% -proportions of vehicles exceeding 70 km/h reduced 33% -proportions of vehicles exceeding 80 km/h reduced 13%

Conclusion The findings of the evaluation report clearly indicate the benefits to the community and it’s acceptance of this initiative. Therefore, it is recommended that Council receive the review of the effectiveness of the 50km/h Urban Speed Limit Initiative.

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NOTICE OF MOTION Ordinary Meeting, 18/2/03

ITEM NO: 23 SUBJECT: ENTRY TO AQUATIC CENTRES FILE NO: H00333, Pt 5 By Councillors A Searle and M Greenhill:

“That a report come to the elected Council within one month indicating the cost of adopting a policy whereby pensioners are given entry to the Blue Mountains City Council swimming pools and Aquatic Centres free of charge.”

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ITEM NO: 24 SUBJECT: GARDEN WASTE SERVICES FILE NO: C02206 By Councillors A Searle and M Greenhill:

“That a report come to the elected Council within one month indicating the cost of providing a garden waste service similar to that provided by Waverly Council.”

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ITEM NO: 25 SUBJECT: GLENBROOK HISTORICAL SOCIETY FILE NO: R00/0056, Part 2 By Councillor M Greenhill:

“That Council staff prepare a progress report on the submission from the Glenbrook Historical Society regarding name changes to various Glenbrook Lanes. This submission is approximately two years old and the society has heard nothing as yet.”

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ITEM NO: 26 SUBJECT: FUNDING FOR ANTI-GRAFFITI EFFORTS FILE NO: C01962, Part 2 By Councillor M Greenhill:

“That a report come forward on the possibility of providing extra funding to Council’s anti-graffiti efforts.”

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ITEM NO: 27 SUBJECT: CAR PARKING, GLENBROOK FILE NO: By Councillor J Egan:

'That a report be prepared for the Council Meeting of 13th May 2003 into the options of formalizing the existing car parking between Wascoe Street, Mann Street and the Great Western Highway, Glenbrook.”

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ITEM NO: 28 SUBJECT: IMPROVEMENT WORKS TO THE MALL FROM GWH TO

RAILWAY STATION ROUNDABOUT FILE NO: By Councillors T Hamilton and C Van der Kley:

“That Council received a report on a partnership approach with the RTA to expand their improvement works to the Mall from the Great Western Highway down to the Railway Station roundabout.”

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ITEM NO: 29 SUBJECT: BBQ FACILITIES AND ADDITION SEATING AT GLENBROOK

SWIMMING CENTRE FILE NO: By Councillors F Creed and C Van der Kley:

“That a report come back to Council Meeting of 29 April 2003 into the options, including costings, for the development of an outdoor BBQ facility (BBQ, paving, seating, shade cover etc.) and additional seating for the Glenbrook Swimming Centre.”

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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 18/2/03

ITEM NO: 30 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 18/2/2003 FILE NO: C00680 Recommendation: That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary. 1. 4/2/2003 – Resident of Katoomba Thanking Council staff for the prompt action in removing of a vehicle from outside

her home in Victoria Street, Katoomba. 2. 5/2/2003 – Resident of Hazelbrook Thanking Council staff for their prompt attention to recent work outside 26-28

Oakland Road, Hazelbrook. 3. 31/1/2003 – Kevin Moss, MP, Parliamentary Secretary for Transport Replying on behalf of the Minister to Council’s letter concerning train services

within the Blue Mountains noting that CityRail’s timetable is designed to meet the needs of the majority of travelers taking into consideration patronage, track space and available rolling stock.

Over the years, timetable changes have been made to meet increased demands for

services and changing travel patterns. CityRail will continue to monitor its services and Council’s issues will be taken

into account when a new timetable is considered. 4. 31/1/2003 – Terina Sawyer – The Institution of Surveyors NSW Inc

Thanking Council staff for their presentation at the recent Seminar for Remote Members of the Institution of Surveyors NSW Inc. The talk was well received and appreciated.

5. 15/1/2003 – The Hon R Debus, MP, Member for Blue Mountains

Regarding the preparation of local guidelines for “Infill Development in Bush Fire Prone Areas”, and commending the highly professional works of Council staff.

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PRECIS OF SELECTED CORRESPONDENCE Item 30 - Ordinary Meeting, 18/2/03

6. 19/1/2003 – 13 Petitioners, Residents of Explorers Road and Pulpit Hill Road,

Katoomba

Requesting Council to seal Explorers Road and to provide a turning circle for coaches in the Nellies Glen Road area.

7. 29/1/2003 – Alan Lane – Co-ordinator, Pope’s Glen Bushcare Group

Thanking Council for the improvement of Govett’s Leap walking track.

8. 20/1/2003 – Bryce Gaudry, MP, Parliamentary Secretary for Police Replying on behalf of the Minister to Council’s letter regarding the NSW Police

investigation of the bombing of the Blue Mountains City Council chambers on 3 March 1992 noting that the gravity of this offence and the community’s quite justified desire to see the person or persons responsible brought to justice.

A very significant level of police resources was dedicated to the investigations of the bombing, however, an offender could not be identified and charged with the crime.

Although police are receptive to pursuing any new lines of inquiry, the

Commissioner considers factors such as the passage of time and the absence of fresh leads do not warrant the further investigation of this offence at this time.

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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 18/2/03

ITEM NO: 31 SUBJECT: RESPONSE TO QUESTION WITH NOTICE – URBAN RUNOFF

CONTROL PROGRAM FILE NO: Question by Councillor C Gaul (28/1/03):

“1. Has a budget allocation been made to continue the maintenance of the bush regeneration sites worked under the Urban Runoff Control Program?

2. How much is that allocation? 3. How was this figure achieved? 4. Is this figure sufficient to ensure maintenance and continual improvement? 5. How is it being divided between the 12 sites?”

Response from Group Manager, City Solutions: In the Memorandum of Understanding between the Blue Mountains Urban Runoff Control Program (URCP) and Blue Mountains City Council adopted on 6 November 2001, Council agreed to take on the maintenance of the URCP bush regeneration sites after the completion of the URCP program in June 2003. Within the 12 URCP catchments, 15 reserves were chosen for intense bush regeneration as part of the URCP program. All 15 URCP regeneration sites have been under regeneration contract since at least 1998 and all, except Lot 2 Springwood, are currently in a maintenance state. An artificial wetland was constructed at Lot 2 Springwood. Of the 15 sites, 11 sites require a higher level of ongoing maintenance due to their location (adjoining urbanisation), ongoing degrading inputs (stormwater discharges, nutrient inputs etc) or the presence of a long term weed threat (such as Gorse). The 11 sites vary in many ways however all share the need for continued intervention. Of the remaining four sites, Else Mitchell Park, Springwood and Medlow Park, Medlow Bath are considered to be largely stable and restored. These sites will be maintained using Council’s existing weed control teams at no extra cost. Another site at Gordon Falls, Leura occurs primarily within the National Park Estate and was therefore not considered for further maintenance by Council. The final site is Lot 2, Springwood. An artificial wetland has been constructed on this site by the URCP. The final site is Lot 2, Springwood. An artificial wetland has been constructed on this site by the URCP. Separate negotiations will take place for this site. The draft budget for 2003/04 includes an addition of $124,860 for the maintenance of the 11 sites considered to need higher level ongoing maintenance. This level of funding will need to be ongoing for a number of years. The budget figure was determined by a review of previous work undertaken at these sites and a detailed assessment of each site by Council’s Bush Regeneration Team with the aim of maintaining and improving the environmental quality of these sites. Table 1 lists the cost breakdown by reserve.

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RESPONSES TO QUESTIONS WITH NOTICE Item 31 - Ordinary Meeting, 18/2/03

Table 1: Cost figures for ongoing maintenance of URCP bush regeneration sites Site Cost BreakdownSouth Lawson $13,824Magdala Creek $6,224Glenbrook Lagoon $7,895Lapstone Zig Zag $13,733Deanii Reserve $10,647Birdwood Reserve $22,847Kedumba Reserve $12,247Yosemite Creek $11,269Popes Glen $10,614Blue Mountains Creek $8,910Jamison Creek $6,650Total $124,860

If the 2003/04 budget for this area is approved, work programs will be included in the Service Level Agreement for Council’s Bush Regeneration Team and regeneration works will be continued in 2003/04.

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RESPONSES TO QUESTIONS WITH NOTICE Ordinary Meeting, 18/2/03

ITEM NO: 32 SUBJECT: COUNCIL REPORTS FILE NO: C00097 Question by Councillors A Searle and M Greenhill (10/9/02):

“Since the 1999 Council election, how many reports have been ordered by the elected Council, what were the terms of the reports sought, and how many have in fact been reported back to Council? Please provide projected report-back dates for those reports that have not yet been delivered on by Council staff.”

Response from General Manager The following information has been extracted from the Council’s Outstanding Decisions data base, with expected report-back dates added.

COMPLETED

Date Min. No. Subject Comment

07-Aug-01 373 Provision of Closed Circuit Cameras to Blaxland Shopping Centre

Reported to Council on 28 May 2002

25-Jun-02 255 Inclusion of Lawson Urban Conservation Area as a Heritage Item on Council’s Heritage List

Reported to Council on 28 January 2003

10-Apr-01 164 Bus Shelters Reported to Council on 9 October 2001

25-Jun-02 254 Improvements to Policy for Development Application Processes involving Notification to Adjoining/Neighbouring Properties

Reported to Council on 12 November 2002

07-Aug-01 380 Precis of selected correspondence, 7 August 2001 Recreational space North Leura

Reported to Council on 9 October 2001

09-Oct-01 478 Out of the Blue - Venue for Performing Arts Reported to Council on 2 April 2002 25-Jun-02 246 Provision of Security Lighting - Great Western

Highway, Blaxland Reported to Council on 12 November 2002

25-Jun-02 252 Blue Mountains Youth Council Reported to Council on 3 December 2002

30-Jul-02 312 Glenbrook Skate Park Reported to Council on 24 September 2002

30-Jul-02 313 Skarratt Park, Lapstone Reported to Council on 24 September 2002

20-Aug-02 344 Installation of Sleepers Donated by State Rail Maintenance services have installed sleepers in retaining wall. No drinking fountain installed to date. Installation of bubbler reported in Bulletin by end of Feb 2003

22-Oct-02 456 Operating Days - Blackheath Pool Reported to Council on 3 December 2002

12-Nov-02 488 Notice of Motion-Community Transport Buses - vandalism

Completed City Living Branch has paid for removal of Graffiti

03-Dec-02 540 Operating days - Blackheath swimming pool Reported to Council on 28 January 2003.

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03-Dec-02 531 Guidelines for Infill Residential Development on

Bushfire Prone Land Reported to Council on 23 December 2002

09-Oct-01 462 Request by Hazelbrook Bowling Club and Recreation Club Co-operative Limited to acquire Council land.

Reported to Council on 28 January 2002

10-Oct-00 453 Jamieson Street, Wentworth Falls Report to Council 18 February 2003 10-Oct-00 454 Glenbrook Park and Glenbrook Oval Report to Council 18 February 2003 18-Sep-01 439 Lee Road, Springwood Report to Council 18 February 2003 10-Sep-02 370 Toll Lane, Wentworth Falls Report to Council 18 February 2003 22-Oct-02 452 Request for New Infrastructure - Toll Lane,

Wentworth Falls Report to Council 18 February 2003

03-Dec-02 546 Town Entry signs for Mount Tomah, Mount Wilson and Bell on Bells Line of Road

Report to Council 18 February 2003

03-Dec-02 547 Neighbourhood Park for South Warrimoo Report to Council 18 February 2003 09-Jul-02 288 Demolition and Construction Work Involving

Building Containing Asbestos Cement Products Report to Council 18 February 2003.

29-Jan-02 15 Development application X01/1472 for the Twenty Four (24) Hour Trading of the Service Station at Lot 1 DP 1026903 575-581 Gt Western Highway Faulconbridge

Deferred for mediation - application withdrawn

OUTSTANDING

Date Min. No. Subject Comment

26-Jun-01 291 That Council receives a report on initiatives that may be pursued to better identify land with environmentally sensitive characteristics together with measure to support landowners in their management of such properties. This should include the following measures: a) the incorporation of advice within Section 149 Certificates; b) the inclusion of notations on Rate Notices and the like; c) establishment of an 'Advisory Service' to assist landowners in the ongoing management of their land such as regeneration, weed management and the siting of any improvements.

a) Report related to DLEP 2002 will incorporate appropriate advice on inclusion of information on S.149 certificates b) Once the effected properties have been identified in Council's land information systems, the rate notice production will be modified to include this information.

Report to Council 24 June 2003

30-Jul-02 320 C00680. Precis of Selected Correspondence, 30 July 2002 – Item 13 - Develop an Aboriginal Employment Strategy

Report to Council, April 2003

10-Sep-02 373 New Bushfire Act Report to Council, April 2003 05-Sep-00 384 Placement of house numbers Report to Council, 11 March 2003 30-Jan-01 23 Provision for additional parking - Springwood Ave,

Springwood Report to Council 13 May 2003 Meeting

30-Jan-01 24 Katoomba Town Centre cleanliness Response being prepared as a Councillor Bulletin item for distribution in February 2003

01-May-01 191 Cycle Rail Trail in Upper Blue Mountains Report to Council January 2004. 22-May-01 214 Trail bike riding on Council reserves and in the

National Park Report to Council 1 April 2003

07-Aug-01 372 Discarded Needles in Parks Report to Council 26 August 2003 11-Dec-01 593 Kerbing and Guttering - Lucasville Road/Mount

Street, Glenbrook Report to Council 13 May 2003

29-Jan-02 24 Formation of a Sports Council Report to Council 1 April 2003 29-Jan-02 025/029 Precis of Selected correspondence - Item 25,

Chatsworth Road Mount Victoria Report to Council 13 May 2003

12-Mar-02 101 Management of Environmentally Sensitive Lands Report to Council 1 April 2003

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08-Oct-02 421 BMX dirt jump strategy- Public Exhibition Report Report to Council 1 April 2003 08-Oct-02 427 Chapman Parade, Faulconbridge Report to Council 1 April 2003 03-Dec-02 545 Notice of Motion: Blue Mountains Soccer Club Report to Council 1 April 2003 13-Feb-01 49 Rehabilitation Works - Pulpit Hill Road, Katoomba Report to Council 11 March 2003

19-Feb-02 66 Shared use of the future Yellow Rock Hall Guides/Community

Guides and Community representatives advised of Council position. Nothing further to report.

30-Apr-02 165 Methods of increasing revenue Report to Council June 2003 24-Sep-02 387/388 Sale of Council Land by Tender - Lot 10 DP 872340,

179A Great Western Highway, Blaxland Progress report to the Council meeting on 3 December 2002. To be reported back to Council in March 2003

24-Sep-02 388/402 Improvement of Access and Traffic Management for the Intersections of the Great Western Highway, Baden Place and Wilson Way

As above (same issue as Minute No 387/388).

12-Oct-99 528 Community Consultation Report to Council July 2003 01-May-01 196 Competition Policy Report to Council July 2003 28-Aug-01 402 Glenbrook RAAF Base Reported Precis correspondence 12

December 2001. Matter in abeyance awaiting further and substantive information

10-Sep-02 371 2005 NSW Local Government Association Annual Conference

Report to Council May 2003

22-Aug-00 365 Tourism signage - Springwood area Report to Council by April 2003

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QUESTIONS WITH NOTICE Ordinary Meeting, 18/2/03

ITEM NO: 33 SUBJECT: REPAIR OF POT HOLES FILE NO: R00/0052 Questions on Notice By Councillor J Egan: 1. Why is Council taking over eight weeks to repair pot holes in roads in the lower

Mountains?

An example being the pot holes at Dixon Road and Old Bathurst Road, East Blaxland.