ITEM NO: 1 SUBJECT: ITEM C1 IN CONFIDENTIAL BUSINESS …€¦ · Telstra / Studleigh Place Car Park - Council resolved at the meeting of 3rd December 2002 to negotiate with Telstra

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 28/1/03

ITEM NO: 1 SUBJECT: ITEM C1 IN CONFIDENTIAL BUSINESS PAPER – KATOOMBA

REVITALISATION PROJECT – COUNCIL’S SUBMISSION TO THE STATE GOVERNMENT TENDER PROCESS TO DELIVER THE BLUE MOUNTAINS CULTURAL CENTRE

FILE NO: C02594 Recommendations: 1. That Item C1 in the Business Paper be deferred for consideration until all other

business of this meeting has been concluded. 2. That Council close part of the Council Meeting for consideration of Item C1 in the

Business Paper – Katoomba Revitalisation Project – Council’s Submission to the State Government Tender Process to Deliver the Blue Mountains Cultural Centre pursuant to the provisions of Section 10A(2)(c) and (d)) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

�� information that would, if disclosed, confer a commercial advantage on a person with whom the council is or may in the future conduct business and;

�� commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Report by General Manager: This matter has been listed in the Confidential Business Paper because, in my opinion, consideration of the matter is likely to take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993. The matter to be dealt with relates to negotiations with the Council, State Government and the Developer relating to the State Government tender process, development options and funding for the Project. Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so. In this case, the reason for closing that part of the meeting to consider Item C1 in the Confidential Business Paper is that the report contains, and discussion is likely to involve, information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting business or may in the future and; contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

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PLANNING FOR A SUSTAINABLE FUTURE Ordinary Meeting, 28/1/03

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

PROGRESS REPORT FILE NO: C03134 Recommendation: That Council receives the Katoomba/Echo Point revitalisation project progress report and notes the significant progress made to date and that this be communicated to the general community through the media and internet site. Report by Group Manager, City Solutions: The Katoomba / Echo Point Revitalisation Project is 90% complete. Major projects such as Echo Point and Carrington Place are scheduled for completion by March 2003 with some remaining projects to be completed by the end of the financial year. The resignation of the Katoomba Project Manager in October 2002 has had an impact on the implementation of projects, however the project team are working hard to complete the projects on schedule. The last progress report on the overall project in June 2002 gave an overview and an update on the various projects that made up the four year funded program which Council has the responsibility for delivering. This report will advise Councillors of the current status of all of the component projects. Overall Four Year Funded Program The status of all of the projects that are being undertaken as part of the four year funded program is listed below, these projects include both State Government and Council funding. Katoomba Street Streetscape Improvement Works �� Street Tree Surrounds in Katoomba Street - complete �� Katoomba Street trees, garden beds, mosaics and landscaping – complete �� Design, purchase and install feature bin surrounds – complete �� Outdoor café decorative surrounds, seats, tables and stools - complete �� Façade Program - 63 approvals have been issued with 56 sites now completed. We

anticipate that that this project will be finalised by the end of February 2003.

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PLANNING FOR A SUSTAINABLE FUTURE Item 2 - Ordinary Meeting, 28/1/03

�� Commonwealth Bank Mural - complete �� Pryor Place Mural – complete �� Town Centre Lighting - A quotation has been received from Integral Energy for new

streetlights for the Katoomba Town Centre including the laneways and feature lighting on key buildings. Integral have engaged a contractor for the in-ground cabling. Construction will start in February 2003 and is expected to be complete by April 2003.

Carrington Place (Town Square) An extensive community consultation process and design development process was undertaken during 2002 for the development of the Carrington Place scheme. Construction work is well underway by the Glascott Group, with the project scheduled for completion in March 2003. Studleigh Place/St Canice’s Toilets, Parking and Public Space �� Studleigh Place Toilets - At the Council meeting of 3rd December 2002, Council

resolved to accept the tender from M. Bruton Building Company to construct the new toilets. The contractor has been engaged and work commenced on site on Monday 20th January 2003.

�� St Canice’s Public Space - As resolved at the Council meeting of the 12th November

2002, Council’s solicitors have been directed to prepare a lease agreement for the land in front of St Canice’s Church. This area is intended to be used as a public park, in accordance with the Council approved masterplan. Council will need to consider funding opportunities for this work in the upcoming 2003/04 – 2006/07 budget deliberations as this project is not funded under the four year Katoomba revitalisation project.

�� Telstra / Studleigh Place Car Park - Council resolved at the meeting of 3rd December

2002 to negotiate with Telstra in order to purchase the rear portion of the Telstra site for parking. Negotiations are continuing with Telstra’s agent and once a purchase price has been negotiated, the matter will be reported back to Council in accordance with the resolution. It will be suggested at that time that this land purchase be funded from existing Section 94 parking contributions and that the funding for the redevelopment of the land as parking be considered in future Council budgets.

Katoomba Street/Gang Gang Street Roundabout At the Council meeting of the 3 December 2002 Council agreed to accept the tender from Civil Systems Engineering Pty Ltd. Work on site will commence on Monday 20th January 2003 and is scheduled for completion in May 2003.Although not part of the original four (4) year funded program the Katoomba Street roundabout will be undertaken this financial year.

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The works will include the construction of a new roundabout, raised pedestrian crossings in both Bathurst Road and Gang Gang Street, median islands, footpath works, drainage improvements, new lighting and new road pavement. These works will create a safer intersection for both pedestrians and vehicles and an improved streetscape to link with the recently completed works in Katoomba Street. Profile and Reseal Katoomba Street Profiling and resealing of Katoomba Street will be undertaken when Integral Energy have completed works in Katoomba Street associated with the installation of the new street lighting scheme and Sydney Water have completed their restoration work. Preliminary discussions with civil contractors have indicated that works will be undertaken in a staged process at nighttime to minimise disruption and optimise productivity. Communication with residents and traders as to the manner in which the pavement profiling and asphalting works will occur, will commence once the programs of both Integral Energy and Sydney Water are received by Council. Profile and Reseal Waratah Street From Lurline Street to Katoomba Street - Complete

Waratah Street Footpath From Lurline Street to Katoomba Street – Complete Yeaman Bridge Roundabout Construction Complete Yeaman Bridge Roundabout Artwork Three artists have been selected to develop concepts for the artwork within the Yeaman Bridge roundabout. Each will produce a maquette and prepare an estimated budget. Funding for implementation of artwork is not covered in the 4 year funded program. Katoomba Civic Centre This project is on hold pending the outcome of the TAFE East development proposals. Highway Landscaping (GWH between Civic Place and Yeaman Bridge) We have received agreement in principle for this work from the RTA. Planting will be undertaken in February 2003.

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Tree Planting in Katoomba Street, Lurline Street and Parke Street Planting will be undertaken by March 2003 in accordance with the scheme supported by the taskforce. Design and Construction of bus shelters and shuttle sign posts Included the construction of three new glass bus shelters and a number of distinctive Shuttle route marker poles - Complete Kingsford Smith Park Due to the funding transfer to the Carrington Place project on 10 September 2002, a reduced scheme of works has been developed, to be implemented at Kingsford Smith Park by March 2003. This involves improvement of sight lines through clearing of vegetation and weed removal within the park. Directional Signage/Wayfinding The wayfinding subcommittee and the taskforce have agreed on options for wayfinding signage within Katoomba and the pylon signage within Katoomba Town Centre. The project team is currently seeking quotations for signs which are scheduled to be installed commencing March 2003 and completed by April 2003. Goods Yard Concept Council has now received a formal offer from State Rail for the purchase of the land. The conditions of the transfer are still to be resolved with negotiations planned for early this year. Once a general agreement can be reached the matter will be reported to Council for ratification. Goldsmith Place Commuter Car Park Council is currently negotiating with Department of Transport, Rail Infrastructure Corporation (RIC) and State Rail to discuss opportunities for a commuter car park on the railway depot site at Katoomba. It has not been possible to find an alternative site for the railway depot and RIC have indicated a pressing need to upgrade facilities for their workers. The current proposal will look at the opportunities to maintain a smaller depot on the site with the existing workers amenities and elevated temporary office building removed and an opportunity for an on ground commuter car park on the western end of the site opposite the Gearins Hotel. RIC have agreed to develop a draft plan for the new depot for discussion purposes. Negotiations are to continue

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Echo Point Upgrade Construction at Echo Point is 90% complete. The Tourist Information Centre and Visitor Amenities Block are complete and open. Darley Park is complete and the park is open along with Panorama Drive precinct, Lilianfels Park and carpark and the new drum lookout and a large section of the main plaza areas. The National Parks and Wildlife Service has been contracted to construct a new boardwalk from Spooners Lookout to Prince of Wales Lookout and are well underway on the track from The Prince of Wales Lookout to The Queen Elizabeth Lookout. Work has commenced on the upgrading of the Queen Elizabeth Lookout, along with bush regeneration works in the precinct. The overall project was scheduled for completion in December 2002 with minor works and tidying up to be complete by January 2003. As a result of the finding of bad ground on the western slope, issues associated with inclement weather and delays during the project, the project will be completed by the end February 2003. TAFE East Site Redevelopment A separate confidential report on the TAFE East Site/Cultural Centre is to be presented to tonight’s Council meeting. The State Government tender process to deliver through a whole of government approach, a mixed-use commercial development including the Blue Mountains Cultural Centre, is entering its final phase. State and Regional Development have requested Council and the preferred proponent (Stevens Group) to make their final submission on taking the project forward to deliver the Cultural Centre, prior to the submission of their final report to the State Treasury. Council’s final submission is consistent with previous Council Resolutions and the project objectives – outlined in the various adopted planning outcomes reports. Demolition of the old TAFE building has been completed and Council is currently working towards re-opening the temporary carpark. New fencing, some asphalt patching, and line marking will need to be undertaking before the car park can be used again. It is programmed for this to occur well before the scheduled end of February 2003 completion date in order to offset the loss of parking in Studleigh Place during the construction of the new toilets. Katoomba Echo Point Revitalisation Advisory Implementation Taskforce The Council appointed community based Advisory Taskforce which comments on projects and informs decision making has continued to meet on a monthly basis. The Taskforce continues to be well attended and maintains the important link between Council and the local community established during the planning phase. The future of the Taskforce after the end of the four year program is yet to be assessed and agreed upon.

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Conclusion The Katoomba and Echo Point Revitalisation Project is the most ambitious and significant urban improvement project attempted for Katoomba and the Blue Mountains in living memory. The project has provided a model of how the community, Local Government and State Government can work together to successfully implement a large, varied and challenging program of works for the general benefit of the community in the broadest sense. The Revitalisation Project has sought and won the co-operation of government, residents, business operators, property owners and tourists and has been able to deliver a variety of projects that have benefited this broad cross section of our community. The success of this project will have positive impacts locally and for the region. There are a number of projects in Katoomba which are not part of the four (4) year funded program, such as the acquisition of the rear of the Telstra site and its development into a car park, the finalisation of the Yeaman Bridge roundabout sculpture etc. to name a few, which need to be followed through and completed. These types of projects will need the ongoing support of Council in the form of staff resources and budgets. The revitalisation project should be seen as the beginning of a long term program of continual improvement and maintenance of these important community assets. The project set out to make much needed physical improvements to Katoomba and Echo Point and to also change the way that Katoomba is perceived. The level of success with this latter objective will rest with everyone involved with Katoomba.

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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 28/1/03

ITEM NO: 3 SUBJECT: URBAN CONSERVATION AREA, LAWSON FILE NO: C06390 Recommendations: 1. That Council notes the National Trust’s classified listing for the Lawson Urban

Conservation Area. 2. That Council agrees to the preparation of a report to confirm the status and

potential for listing of the Lawson Urban Conservation Area and its parts. 3. That the report is prepared in a format consistent with the State Heritage Inventory

form adopted by Council for the Review of Heritage for Draft Local Environmental Plan 2002 and is to make recommendations on the listing and management of the area and its elements.

4. That Council note that $7,500 will need to be provided for the assessment,

recording and reporting on the Urban Conservation Area in accordance with criteria established by the State Heritage Inventory Project [SHIP].

Report by Group Manager, City Sustainability: Introduction This report responds to Council’s earlier decision on 25 June 2002, where it was resolved:

“That Council, receive a report on including the National Trust classified Lawson Urban Conservation Area as a Heritage Item on its Heritage List in DLEP 2002 as a conservation area of local significance.”

(Minute No. 255, 25/6/2002)

National Trust – Urban Conservation Area The area covered by the National Trust’s listing of the Lawson Urban Conservation Area is shown on the attached map. The Urban Conservation Area [UCA] includes sites, buildings and natural features listed on Schedule 7: Heritage Items and Heritage Conservation Areas to Draft Local Environmental Plan 2002 [DLEP 2002]. Evaluation of National Trust’s listing A heritage conservation area is an area of land identified in a plan and includes buildings, works, archaeological sites, trees and places, situated on or within that land that contribute to the cohesive and cumulative significance of the identified area.

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PROVIDE GOOD GOVERNMENT Item 3 - Ordinary Meeting, 28/1/03

The area covered by the Trust’s listing is considerable and the range of elements complex. The significance of an urban conservation area relates to the area and its various elements that contribute to its assessed significance. The UCA extends beyond the study areas established for Stages 1 and 2 of the review of heritage for DLEP 2002. Hence there is a need to assess the Trust’s Conservation Area in the context of the work carried out and inclusive of a small area that falls within LEP 1991 [Stage 3 of the review, yet to be commenced]. Any assessment needs to draw together those elements, to confirm the significance of the area and to record findings in an appropriate report supported by relevant heritage inventory data sheets; the format for which is to be consistent with that adopted for Stages 1 and 2 of the Council’s review of heritage. Apart from prior work it is estimated that 50 additional properties need to be assessed within the context of the UCA. It is plausible that investigations may recommend the recording of a number of these sites and may make recommendations that additional properties are of a heritage significance, warranting individual listing. Heritage Review – Draft Local Environmental Plan 2002 The Review of Heritage schedules under Draft Local Environmental Plan 2002 was programmed in two stages. The first stage reviewed listings on the schedule of heritage items for properties within the urban areas of the City whereas Stage 2 focuses on 10 identified Core Village Areas across the City previously deferred for closer investigation. The boundary of the mapped UCA extends beyond those areas canvassed in Stage 1 and Stage 2 of the Review and outside of the Great Western Highway precincts currently progressing. Neither Stage 1 nor Stage 2 of the review of heritage, allocated resources to review the composite urban conservation area as a whole given the area and number of properties involved. A review of an area as large as that mapped requires special consideration and will require a resource allocation. Project costs The likely fee structure for such work is around $7,500 given the need for a team of skilled professionals to address the various components including elements such as the major industrial components relating to State Rail operations in the UCA. Given the specialist nature of work and limited number of consultants capable of performing the work, a time frame would need to be negotiated. The RTA is not prepared to contribute to such an assessment as this is beyond the scope and impact of the foreshadowed highway modifications.

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Heritage Projects and Recording Format All data recording is required to be consistent with the format adopted by Council for recent heritage projects. Heritage inventory sheets with appropriate statements of heritage significance and item descriptions need to reinforce established significance. The format adopted by Council is compatible with that established by the NSW Heritage Office under the State Heritage Inventory [SHI] Project; this provides a consistent heritage management tool for use across the State through the State heritage inventory. Prepared reports provide a detailed heritage inventory [SHI] sheet for each listing on Schedule 7 to DLEP 2002. These include a detailed statement of significance and description of the item and site elements that contribute to the listing of a property and consequently assist in its management. Project findings will be reported to Council for a decision to progress the listing of the UCA as an amendment to the Heritage Schedule of DLEP 2002. Conclusion The boundary of the Lawson UCA as mapped in the National Trust Listing extends beyond those study areas considered in Stage 1 and Stage 2 of the Review of the Heritage Register. The listing of the Lawson Urban Conservation Area as an area of local heritage significance requires further consideration to confirm its cumulative significance as well as the heritage significance of its components. The assessment report will facilitate the recording of these elements in a format consistent with that adopted by Council for the Review of Heritage for Draft Local Environmental Plan 2002. This will ensure a consistent approach is taken to evaluating, listing and the recording of heritage significance and to guide the management of that significance. The review of the UCA is being considered as a separate project given the size of the area to be evaluated and the need to allocate appropriate resources to focus on the whole area.

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Attachment

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PROVIDE GOOD GOVERNMENT Ordinary Meeting, 28/1/03

ITEM NO: 4 SUBJECT: COUNCILLOR NOMINATIONS FOR WESTERN SYDNEY

REGIONAL FORUM FILE NO: C00948 Recommendation: That Council puts forward a maximum of two nominees for consideration and selection as Councillor representatives on the Western Sydney Regional Forum and indicates its order of preference. Report by Group Manager, City Sustainability: Councillors will recall the initiative by Planning NSW to establish Regional Forums in conjunction with the implementation of its strategic framework, Planfirst. Western Sydney is one of the first regions to commence this regional strategy work. The Western Sydney Regional Forum will provide the Government with advice on the development of a planning strategy for Western Sydney. Representatives on the Forum will comprise individuals with a wide range of skills and perspectives on planning in Western Sydney. A copy of the forum information package is provided in Attachment 1. Five Councillors from the Western Sydney region will represent the collective interests of Local Government in the Region, rather than that of the individual Council. The Western Sydney Region of Councils (WSROC) will be asked to nominate five (5) Councillors to represent the interests of Local Government. It should be noted that it will not be possible for all Councils in the WSROC region to have their nominated Councillor on the forum. Council is invited to submit nominations in writing to Steve Driscoll, Regional Planning Coordinator for the Western Sydney Region, by February 17 2003. Nominations should provide details of qualifications, skills and experience that would enable the person to contribute effectively to the work of the Forum. The suggested set of criteria put forward by planningNSW that nominees should demonstrate in their nomination is set out below.

As far as practicable, members are to reside in the region. They are to represent the broad interests of the region and apply their skills, knowledge, expertise and judgement to the work of the Regional Forum. Members are to bring to the Regional Forum, experience or expertise in one or more of the following:

�� Environmental planning. �� Land management. �� Business/economic development.

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�� Service delivery planning. �� Community consultation. �� Leadership skills and capability to provide sound and objective advice,

offer innovative solutions and ensure effective decision making. �� Ability to increase public knowledge, understanding and appreciation of the

purpose of strategic, integrated regional planning. �� Ability to work with other forum members and participate in forum

meetings, activities and discussions in the spirit of seeking consensus.

Members should also possess the following qualities:

�� Some knowledge of government administration and legislation. �� Proven ability to think strategically.

There is no limit to the number of nominations any one Council can put forward for selection to the Regional Forum, but on the basis that not every Council will have a Councillor representative it is considered prudent to only nominate one or two candidates. Initial appointments to Regional Forums are for 3 years, or for such term as is determined by the Minister for Planning. Advice is that Regional Forums will meet every 6 weeks during the preparation of the original strategy and meet at least once a year to discuss the performance of the regional strategy. The work of the Regional Forum is considered critical to the implementation of Planfirst in Western Sydney. Councillors are urged to consider their potential involvement in the Regional Forum, and it is recommended that Council select a maximum of two nominees.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 28/1/03

ITEM NO: 5 SUBJECT: SCHEDULE OF INVESTED MONIES FILE NO: C00694 Recommendation: That the Schedule of Invested Monies as at 30 November 2002 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 30 November 2002 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.

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QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 28/1/03

Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 30th November, 2002

Institution and Fund Return

for Month

Return Year to

Date

Current Fixed Rate

Investment Value

Commonwealth Bank of Australia * 4.14% 4.14% $4,447,030National Australia Bank – Offset * 4.06% 4.06% $3,669,409National Australia Bank - Call a/c N/a N/a Variable $3,750,000Macquarie Bank – Diversified Treasury

5.36% 5.28% $2,224,929

Deutsche Bank – Cash Plus Fund 6.00% 4.74% $1,127,489Illawarra Mutual Building Society – Term **

5.28% Variable $1,000,000

UBS Cash-Plus 5.36% 5.06% $2,040,937 Total $18,259,794UBSWA Bank Bill Index 4.98% 5.06%

* 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 $251,667 Council’s Actual Return $310,808

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

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ITEM NO: 6 SUBJECT: PURCHASE OF LOT 8 SECTION J DEPOSITED PLAN 5869, 53

NINTH AVENUE, KATOOMBA FILE NO: A43756 Recommendations: 1. That Council purchase Lot 8 Section J, Deposited Plan 5869, 53 Ninth Avenue,

Katoomba for $3,000 and classify as Operational Land. 2. That the Common Seal of Council be affixed to any necessary documents. Report by Acting Group Manager, Corporate Policy: At its meeting on 12 November 2002 Council considered a report on the subject land and resolved:

“1. That Council seek to purchase Lot 8 Section J, Deposited Plan 5869, 53 Ninth Avenue, Katoomba for $3,000 and to pay legal costs associated with the matter.

2. That in accordance with the provision of Section 34 of the Local

Government Act, 1993 Council give notice of its proposal to acquire Lot 8 Section J, Deposited Plan 5869, 53 Ninth Avenue, Katoomba and to classify the land as Operational Land.”

This report recommends the finalisation of the process of acquisition and classification. Background The subject parcel of land is zoned Rural (A3) under Local Environmental Plan No 4. Under Draft Local Environmental Plan 2002 it is proposed that the land be zoned Environmental Protection - Open Space. Under the present zoning Council has no obligation to purchase. However, under the proposed zoning Council would be required to purchase. Sales evidence shows that amounts of $3,000 to $4,000 have been paid for similar land in this area. The owners have agreed to sell the land for $3,000 plus legal fees. These fees are estimated at approximately $500 or less. This offer is considered reasonable and acceptable. Further expenditure on a formal valuation is not considered warranted in this instance due to the relatively low land values and the availability of recent sales information.

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If these parcels of land are gazetted for Environmental Protection – Open Space as proposed within the Draft LEP 2002 Council would be required to purchase the land. Funds are available in Council's Restricted Assets for the purchase of environmentally sensitive land. As all of the parcels of land owned by Council in this area are classified as Operational Land it is logical for the subject parcels of land to be classified as Operational Land until the gazettal of Draft LEP 2000 when the classification can be resolved by Council. Pursuant to Section 34 of the Local Government Act 1993 the proposal to acquire the land and classify it as Operational Land was advertised in the Blue Mountains Gazette. Any person wishing to make a submission on the proposal was invited to do so in writing within the 28 day period. No submissions have been received. Conclusion As the funding for this purchase is available and no submissions received it is therefore now appropriate, being the next step in the process, for Council to proceed with the purchase and confirm its intention to classify the land as Operational Land.

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Attachment

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ITEM NO: 7 SUBJECT: PURCHASE OF LOT 11 SECTION J DEPOSITED PLAN 5869

NINTH AND LOT 63 SECTION J DEPOSITED PLAN 5869, TENTH AVENUE, KATOOMBA

FILE NO: C00481 Recommendations: 1. That Council purchase Lot 11 Section J Deposited Plan 5869, 47 Ninth Avenue and

Lot 63 Section J Deposited Plan 5869, Tenth Avenue, Katoomba for $3,000 per lot and classify as Operational Land.

2. That the Common Seal of Council be affixed to any necessary documents. Report by Acting Group Manager, Corporate Policy: At its meeting on 22 October 2002 Council considered a report on the subject land and resolved:

“1. That Council seeks to purchase 47 Ninth Avenue, Katoomba being Lots 11 and 63 Section J Deposited Plan 5869 for $3,000 per lot.

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

Government Act 1993 Council give notice of its proposal to acquire Lot 11 Section J Deposited Plan 5869, Ninth Avenue and lot 63 Section J, Deposited Plan 5869 Tenth Avenue, known as 47 Ninth Avenue, Katoomba and to classify them as Operational Land.”

This report recommends the finalisation of the process of acquisition and classification. Background The subject parcel of land is zoned Rural (A3) under Local Environmental Plan No 4. Under Draft Local Environmental Plan 2002 it is proposed that the land be zoned Environmental Protection - Open Space. Under the present zoning Council has no obligation to purchase. However, under the proposed zoning Council would be required to purchase. Sales evidence shows that amounts of $3,000 to $4,000 have been paid for similar land in this area. The owners have agreed to sell the land for $3,000 plus legal fees. These fees are estimated at approximately $500 or less. This offer is considered reasonable and acceptable. Further expenditure on a formal valuation is not considered warranted in this instance due to the relatively low land values and the availability of recent sales information.

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If these parcels of land are gazetted for Environmental Protection – Open Space as proposed within the Draft LEP 2002 Council would be required to purchase the land. Funds are available in Council's Restricted Assets for the purchase of environmentally sensitive land. As all of the parcels of land owned by Council in this area are classified as Operational Land it is logical for the subject parcels of land to be classified as Operational Land until the gazettal of Draft LEP 2000 when the classification can be resolved by Council. Pursuant to Section 34 of the Local Government Act 1993 the proposal to acquire the land and classify it as Operational Land was advertised in the Blue Mountains Gazette. Any person wishing to make a submission on the proposal was invited to do so in writing within the 28 day period. No submissions have been received. Conclusion As the funding for this purchase is available and no submissions received it is therefore now appropriate, being the next step in the process, for Council to proceed with the purchase and confirm its intention to classify the land as Operational Land.

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Attachment

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LAND USE MANAGEMENT Ordinary Meeting, 28/1/03

ITEM NO: 8 SUBJECT: DEVELOPMENT APPLICATION NO. X02/1640 FOR A CARPORT

ON LOTS 55 AND 54 SECTION 3 DP 8540, NO. 2-4 BEAUFORT AVENUE, MOUNT VICTORIA

FILE NO: X02/1640 Recommendation: That the Development Application No. X02/1640 for a proposed carport on Lots 55 and54 Section 3 DP 8540, No. 2-4 Beaufort Avenue, Mount Victoria 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 This application involves the proposed construction of a carport

partly on land zoned Environmental Protection (EP) under LEP 1991 and in accordance with Council’s Instrument of Delegation the matter is referred to Council for determination.

Applicant

Mr P A Buckwell 23 Grand View Rd, Mount Victoria.

Owner

Mr P A Buckwell and Mrs P S Buckwell 23 Grand View Rd, Mount Victoria.

Application lodged

9 October 2002.

Property address

2-4 Beaufort Avenue, Mount Victoria.

GRAND VIEW RD

GRAND VIEW RD161616161616161616

141414141414141414121212121212121212

101010101010101010888888888

6666666662-42-42-42-42-42-42-42-42-4

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

1111111113-53-53-53-53-53-53-53-53-5

3-53-53-53-53-53-53-53-53-5777777777

999999999

444444444

128128128128128128128128128

666666666

Subject Site

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LAND USE MANAGEMENT Item 8 - Ordinary Meeting, 28/1/03

Site description The subject property is an irregular shaped parcel of land

located on the southern side of Beaufort Avenue, Mt Victoria, and comprises two separate allotments, Lot 54 and Lot 55 which together have a total area of approximately 3667 square metres. The front portion of the property is zoned Bushland Conservation and the rear portion is zoned Environmental Protection under LEP 1991. The entire property is also designated as a Protected Area – Escarpment Area under LEP 1991. There is an existing dwelling standing on the property, which is located over the boundary between Lots 54 and 55. This structure, which appears to have been constructed approximately 20 years ago is also located entirely within the EP zone. The proposed carport is to be located to the west of the existing dwelling, adjacent to the side boundary. The area on which the carport is to be located is cleared, paved and is presently being used for car parking.

Proposal

The application proposes to construct a new 5.4m x 5.4m timber post and colorbond roof carport on the existing pavement. A copy of the plans showing the site area and extent of the carport structure proposed is provided in Attachment 2 of this Report.

Development controls

Zoning – Local Environmental Plan 1991: Residential Bushland Conservation – (No subdivision) (65%) Environmental Protection (35%) Protected Area-Escarpment Area (100%)

Notification

The application was advertised for a period of 14 days to adjoining owners in accordance with Council’s Development Control Plan 35 Community Consultation for Land Use Management (DCP 35). No submissions were received.

Issues

Environmental Planning Instruments

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Compliance Table: LOCAL ENVIRONMENTAL PLAN NO. 1991 Clause Standard Proposed Compliance cl.10.2 All weather access. Vehicle access on the site is existing Yes cl.10.4 External surfaces

appropriate for site characteristics

The carport is to be constructed of timber posts and a colorbond roof (Slate Grey)

Yes

cl.10.5 Environmental Impact.

The carport will be located on an existing paved area so there will be no further impact. There is minimal excavation required and no tree removal.

Yes

cl.10.6 Height Restrictions – maximum 2 storeys, 8 metres to the ridge, 6.5 metres to the eaves.

The carport is single storey being 2.2m to the eave and 3.5m to the ridge.

Yes

cl.10.8 Connection to services.

Water and power are available to the site. There is an existing ground absorption system on the site.

Yes

cl.10.9 Site Cover- 400m2 plus 5% of the amount the notional development area of the lot exceeds 2000m2. i.e. 419 square metres.

Total site cover approximately 250 square metres. Yes

cl.11.4 Escarpment area – Building shall not exceed single storey unless below canopy of adjacent trees or height of buildings on adjoining land.

The carport is single storey and does not protrude above the canopy cover.

Yes

DEVELOPMENT CONTROL PLAN NO. 30 Cl. 6.6 8 metre front

building line 64 metres Yes

Discussion of Issues 1. Statutory Considerations The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and for compliance with Local Environmental Plan 1991 (LEP 1991), Development Control Plan 10 – Town Character Guidelines (DCP No 10) and Development Control Plan 30 – Smart Design (DCP No 30). The application has also been assessed under the relevant provisions of the Building Code of Australia.

Page 36


The proposed development is considered to generally comply with the relevant planning instruments with the exception of the location of the carport structure, which encroaches into the Environmental Protection (EP) zone. The EP zone is located on approx 35 % of the property while the Bushland Conservation Zone makes up approx 65% of the property. The carport will encroach by approximately 5.0 metres into the EP zone, which will result in three quarters of the carport being located within the EP zone Clause 20 of Local Environmental Plan 1991 – Development in Adjoining Zones, permits development to extend onto land on which that development would, in the absence of clause 20, be prohibited provided that:

a) The development is permissible on the land from which it is extended; b) The development is carried out within 20m of the zone boundary; and c) The Council is satisfied that the objectives of the zone within which the

development would otherwise be prohibited are not prejudiced. In terms of assessing the encroachment, it must be acknowledged that the existing dwelling is also located within the Environmental Protection zone and that the carport is to be located in an area adjacent to the dwelling that has been cleared and paved for many years. In view of the modified nature to the area and the location of the existing dwelling, it is considered that the extension of the development into the Environmental Protection zone will not prejudice the objectives of this zone. Conclusion The Development Application for the erection of a carport has been considered in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979. The proposed encroachment into the Environmental Protection Area is not considered to have any significant environmental impacts and therefore it is recommended that the application be approve0d subject to the conditions shown in Attachment 1.

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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 Buckwell and Partners Architects and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent.

Structural details 2. To ensure that the design is structurally sound, details

prepared by a registered Structural Engineer are to be submitted to and approved by the Principal Certifying Authority prior to the commencement of the:

a) footings. b) structural steelwork.

The details shall take into consideration all loadings on the structure and its location within a designated high wind area. Certification shall refer to the appropriate codes or other criteria relied upon by the Structural Engineer.

Building Code of

Australia 3. All building work must be carried out in accordance

with the provisions of the Building Code of Australia. Signage 4. To ensure that the site is easily identifiable for

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

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

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

�� Lot or Street number.

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

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

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

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 6. To preserve the unique environment of the Blue

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

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

development consent and the construction certificate are to be on the site at all times.

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Stormwater drainage 8. 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 9. To have regard of the amenity of the area, the

materials and colours to be used are to match the existing building.

Construction

inspections 10. To ensure structural integrity, the maintenance of

minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are: a) Pier holes/pad footings before filling with concrete.b) Completion of the development and sign off to all

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

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

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Attachment 2 - Plans

Page 41



Page 42


ITEM NO: 9 SUBJECT: DEVELOPMENT APPLICATION NO. S02/0064 FOR A TWO INTO

FOUR LOT SUBDIVISION ON LOTS 67 & 68 DP 25427, NOS. 40 AND 42 BELLEREEVE AVENUE, MOUNT RIVERVIEW

FILE NO: S02/0064 Recommendation: That the Development Application No. S/02/0064 for two into four lot subdivision on Lots 67 & 68 DP 25427, Nos. 40 and 42 Bellereeve Avenue, Mount Riverview be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by refusing consent to the application for the following reasons:

1. The proposal does not comply with LEP 4. 2. The proposal is considered to have an unacceptable environmental impact. 3. The proposal is considered to be inconsistent with the objectives of DLEP

2002. 4. The proposal would result in additional allotments being placed in an

unacceptable fire risk. Report by Group Manager, Environmental & Customer Services: Reason for report Referred by Councillors. Applicant

Zanbell Pty Limited

Owners

Betty Marshall (No 42) Patricia Kucic (No 40)

Application lodged

9 October 2002

Page 43


Property address

40 and 42 Bellereeve Avenue, Mount Riverview

Site description

The subject land is located on the northwestern side of Bellereeve Avenue, Mount Riverview and comprises two allotments having a total area of 5087 m2. A dwelling currently stands on each allotment. The lots have frontages to Bellereeve Avenue of 19.8 m and 17.8m respectively and are both approximately 120 m deep. Both properties fall to the rear to a creek with grades on the site varying from relatively flat to approximately 30%. The site is heavily vegetated beyond the existing curtilage of the dwellings and hence has a bushland character.

Proposal

The proposal involves the subdivision of the site into four lots. The existing dwellings on the site will are proposed to be within a lot each, and the other two lots are battleaxe lots accessed from one proposed driveway to the south of the existing dwellings. A copy of the plan showing the proposed subdivision is provided in Attachment 1 to this Report. In considering a subdivision application that includes a battleaxe lot, it is important to recognise that a 9metre setback from the rear boundary of the front lot is required to a building space. Any proposed allotment needs to include suitable building space and in regard to this site, sufficient space to incorporate bushfire asset protection zones within the site.

Subject Sites

Page 44



Zoning – Residential 2(a1) LEP 4 Draft Local Environmental Plan 2002 – Living Bushland Conservation and Environmental Protection Development Control Plan – 10 (Town Character), 27 (Subdivision) Regional Environmental Plan – 20 (Hawkesbury Nepean) Integrated Development – Rural Fires Service Approval Required – “Bushfire Safety Authority” – Sec 100B of Rural Fires Act.

Notification

The application was notified for a period of 14 days from 4 November 2002 to adjoining and nearby properties. Three submissions were received which raised the following issues: �� Appears to be Multi Unit Housing �� Doesn’t meet frontage requirements �� No flora and Fauna Study �� Unacceptable Environmental Impact �� Bushfire risk �� Traffic

Issues

Assessment issues – �� Compliance with PBP (Planning for Bushfire Protection) �� Compliance with LEP 4 �� Compliance with DLEP 2002 �� Compliance with DCP 27 �� Bushfire Risk – Integrated Development RFS

Discussion of Issues 1. Compliance with Planning for Bushfire Protection. The property is mapped as being of “high” risk on Council’s Bushfire Risk Map. Accordingly, the application is Integrated and needs to comply with the provisions of “Planning for Bushfire Protection” (PBP). For this subdivision to be approved a Bushfire Asset Protection Zone of 70 metres is considered to be applicable and as discussed in PBP would need to be provided within the boundaries of the site. This cannot be achieved. 2. Compliance with LEP 4 The proposal complies with the lot area requirements of LEP 4, however Lot A(40) does not comply with the frontage requirements after excluding the access handle to the rear Lots. The applicant has not lodged a SEPP 1 objection seeking to justify this non-compliance.

Page 45


Each of the rear lots, are according to the strict reading of LEP 4 (Clause 33(2)), required to meet the width requirement of 18.5 metres. Neither lot does, however, the applicant has lodged a SEPP 1 objection which, if Council were to support the subdivision application, would adequately justify that non-compliance. 3. Compliance with DLEP 2002 The majority of the site is proposed to be zoned Living Bushland Conservation under DLEP 2002. The rear part of the site is identified as Protected Area – Slope Constraint Area and a small portion on the northern corner of the site is proposed to be zoned Environmental Protection. The proposal does not comply with the frontage requirements for the proposed Living Bushland Conservation zoning of the site under DLEP 2002. The application is considered to be inconsistent with the objectives of the Living Bushland Conservation zone, particularly with regard to the retention of bushland character and minimising impacts on environmentally sensitive areas. As will be discussed later, the proposal would require substantial clearing of the entire site and some adjoining site to ensure adequate bushfire protection. This clearing would occur on the land identified as slope constraint area and as proposed Environmental Protection zone. It is considered that it would have an unacceptable environmental impact. 4. Compliance with DCP 27 The application does not comply with the provisions of the DCP 27. The application has not demonstrated through an appropriate environmental assessment that there will not be an unacceptable impact on flora and fauna of the area. The application does not include a flora and fauna study for the vegetated part of the site. The application does not comply with the relevant provisions of the DCP in regard to location of Bushfire Protection Zones on Environmentally Sensitive land (>20% slope). 5. Bushfire Risk – Integrated Development The application is integrated development as it requires a “Bushfire Safety Authority” from the Rural Fire Service, before it can be carried out. The application was referred to the RFS who have advised that a further bushfire assessment in accordance with the regulations is required as there is insufficient information upon which to make a determination. This matter has not been pursued as the application is considered unacceptable for other reasons. Conclusion There are a number of issues that have been discussed that lead to the conclusion that the subdivision should not be supported. Accordingly it is recommended that the application be refused.

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Attachment 1 – Proposed Plan of Subdivision

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ITEM NO: 10 SUBJECT: SECTION 96(1A) AMENDMENT TO DEVELOPMENT CONSENT

NO. B98/0512 FOR THE EXPANSION OF DEVELOPMENT AT KATOOMBA SCENIC WORLD SEEKING CHANGES IN BUILDING DESIGN, SITE TREATMENT AND COMPLETION TIME FRAMES FOR LOT 2 DP 1025431, VIOLET STREET KATOOMBA

FILE NO: B98/0512 Recommendation: That the application submitted pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 seeking to modify Condition Nos. 1 and 6 of Development Consent No. B98/0512 for the expansion of development at Katoomba Scenic World on Lot 2 DP 1025431, Violet Street, Katoomba be approved and modified in the manner set out in Attachment 1 to this Report. Report by Group Manager, Environmental and Customer Services: Reason for report In accordance with Council policy, as this application seeks to

modify the terms of Development Consent approved by Council, it is also referred to Council for determination.

Applicant

Molino Stewart Pty Ltd

Owner

Ord No. 9/Hammon Holdings

Application lodged

11 November 2002

Property address

Lot 2, DP 1025431, Violet Street, Katoomba (Katoomba Scenic World).

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Background Council, at its meeting on 20 July 1999, resolved to grant

Development Consent No. B98/0512 for the expansion of development at the Katoomba Scenic Railway and Skyway complex (now known as Scenic World) as follows: �� Construction of an aerial ropeway to the valley floor; �� Refurbishment and extension of the main building; �� Construction of a multi-deck car park and the provision

of additional coach parking spaces; and �� Construction of a boardwalk from the foot of the

proposed ropeway linking with the bottom platform of the existing Scenic Railway.

As Council is aware, the development is being carried out in stages, many of which have been completed. An application has now been submitted to Council seeking to modify the Development Consent in respect to development components yet to be completed.

Subject Site

Page 49


Proposal The applicant proposes to modify the terms of the

Development Consent by amending Condition No. 1 (Approved Plans) and Condition No. 6 (Stages of Development) in the following way. �� Condition No. 1 By amending the approved plans to incorporate a

proposed re-design of the main building interior, façade, entry and forecourt. These changes are shown on the plans at Attachment 2 to this Report and include:

- A new skyway docking bay (within the main

complex). The ongoing maintenance programme for the Scenic Skyway infrastructure has identified benefits to be gained with a new and reconfigured docking facility (same location as that existing) which in turn will allow improved queuing and loading/unloading platform arrangements.

- A new and enlarged landscaped/paved forecourt

area and re-orientated entry/exit to the main Scenic World building to provide a safer and primary focus for visitors to the site to interpret.

- Internal changes to the main building that include

provision for a wider and improved ramp for disabled persons, increased toilet facilities, lift, relocation of Scenic World administration to a new office/workshop building adjacent to the multi level car park and a new and enlarged kiosk.

- Enclosure of the western skyway tower

infrastructure largely within a building erected in the same location.

Plans also show a proposed new viewing platform and bushland walking track linking the development with the Prince Henry Cliff Walk however these aspects do not form part of the application before Council and will be the subject of a separate application.

i. (Plans submitted clearly show the amendments

and modifications proposed however, the level of detail makes legibility difficult to interpret if reduced in order to attach to the business paper.

Page 50


The landscape plan does however provide a

general layout with artist’s impressions providing an indication of how the proposed external changes will appear.)

�� Condition 6 by revising the:

i. Completion dated for Stage 6 (Western Building Façade) from 31 December 2002 to 31 December 2003.

ii. Completion date for Stage 7 (Remainder of

Building) from 31 December 2003 to 31 December 2004.


�� Part Residential 2(d) and part Recreation Existing under

Local Environmental Plan No. 4. �� Part ‘Recreation Private’ and part ‘Environmental

Protection—General’ under draft Local Environmental Plan 2002.

The site (Scenic Railway and Environs) is a listed item of heritage significance under Local Environmental Plan No. 4 containing K3—Scenic Railway and Environs, K7—Jamison Valley, K 16—Scenic Skyway and K77—Federal Pass Walk which passes through the site east of the existing and proposed development. The site is also a listed item (K003) of heritage significance under draft Local Environmental Plan 2002.

Notification

The application was notified for a period of fourteen (14) days from 27 November 2002 in accordance with Council’s Community Consultation Development Control Plan. This included letters to adjoining and nearby property owners together with an advertisement placed in the Blue Mountains Gazette. At the conclusion of this period, Council had not received any submissions.

Development Assessment In modifying a consent, Section 96(1A) of the Environmental Planning and Assessment Act 1979 requires that the Council must be satisfied that the development to which the consent as modified relates, is substantially the same development, and that it is satisfied the proposed modifications are of minimal environmental impact.

Page 51


In the context of the site, the proposed modifications are considered minor, but nonetheless important changes and improvements to the development. The following issues are considered relevant to the determination of the application. �� Statutory Considerations. �� Impact of Design Amendments. Discussion of Issues 1. Statutory Considerations i. Local Environmental Plan No. 4 Apart from the building modifications which are largely internal, the modifications seek only to alter the timing for the completion of certain work. The proposed modifications do not alter the nature of character of the development or introduce any new use to the site. Accordingly, the development, if modified, is considered to be substantially the same as that previously assessed under the provisions of Local Environmental Plan No. 4. ii. Draft Local Environmental Plan 2002 Since the development was approved, draft Local Environmental Plan 2002 has been exhibited and therefore must be considered. The section of Lot 2, DP 1025431 to which the proposed modifications relate, is zoned Recreation—Private and Environmental Protection—General. The activities of Scenic World satisfy the zone objectives of the Private Recreation zone under the draft plan which are:

a) To encourage the development of land in a manner which satisfies the private recreational needs of the community.

b) To allow development of land uses and activities that support and are

compatible with private recreational land use.

c) To ensure that recreational development is environmentally sensitive and site responsive and compatible with use of the land for sport, entertainment, education, tourism and accommodation of older people and people with a disability.

Part of the land in which the work is located is also classified as ‘Protected Area—Ecological Buffer Area’ with a small component of ‘Protected Area’.

Page 52


The objectives of the Ecological Buffer Area essentially relate to protecting water quality, watercourses and significant vegetation communities and ensuring development is appropriate and the restoration and maintenance of native vegetation is encouraged. This proposal, along with that currently approved, has been designed to minimise and improve impacts on water quality and vegetation. It is therefore consistent with the objectives of Ecological Buffer Areas. Similarly, the objectives of the Escarpment Area essentially relate to preserving visual, cultural and ecological values of escarpment systems, ensuring development minimises impacts on escarpments and the environment and encouraging retention and restoration of native vegetation. The proposal has been designed to minimise impacts on escarpment areas and is consistent with the objectives of Escarpment Areas. 2. Impact of Design Amendments The modifications are very similar to the design approved with the main external changes being the entry to the main building and the forecourt area and building enclosing the western skyway infrastructure. The changes to the building envelope are negligible and the same materials as outlined in the approved development are proposed. Landscaping around the main building has been altered in accordance with the building amendments however it is proposed to use the same plant species previously identified. The main building will be used for similar purposes to those which have been approved. In summary, the proposed modifications will further enhance the works currently approved. While public submissions were not received during the exhibition period, from the perspective of public interest, a number of further improvements and benefits will be realised over the currently approved development which in itself significantly improves the existing facilities. These have been outlined in the commentary describing the proposal. As indicated also, the site is listed as a heritage item where the Scenic Railway and Environs, Jamison Valley, Scenic Skyway and Federal Pass Walking Track are all identified. This proposal does not impact on any of these items as it is essentially confined to the existing main building and adjacent areas between this building, the bus parking area and new multi level car parking, being locations well removed from the actual items. The proposal therefore, does not materially alter the existing status of the heritage items. Conclusion In summary, it is considered the proposal will provide significant benefits to Scenic World in terms of traffic and pedestrian safety with further aesthetic improvement to the building’s western façade and general appearance through the main entry and forecourt treatment. The proposal has been designed to minimise environmental impacts with the development considered to remain substantially the same as approved.

Page 53


The extension of completion time frames for the three (3) stages identified are directly related to the amendments sought. Work on the site is progressing well with many components completed or nearing completion. Accordingly, no concerns or objections are raised to the building site treatment modifications or extensions in time sought.

Page 54


Attachment 1 – Amended Conditions 1 and 6 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 and Assessment Act 1979. Substantial physical commencement of construction is required within 3 years from 23/07/1999. Should this not occur, the consent will lapse, requiring the submission of a NEW Development Application. To confirm and clarify the terms of consent, the development shall be carried out in accordance with: �� Architectural plans prepared by PMDL

Architects and Design Pty Ltd numbered and dated as follows:

Plan Number Date DA100 Issue A 2 September 1998 DA102 Issue B 22 December 1999 DA103 Issue B 22 December 1999 DA104 Issue B 22 December 1999 DA105 Issue B 22 December 1999 DA110 Issue B 4 September 1998 DA111 Issue B 4 September 1998 DA120 Issue A 23 December 1997 DA121 Issue A 23 December 1997 DA130 Issue A 23 December 1997

as amended by drawing numbers Job 518 dated May 1999 and the revised Bus Parking Layout prepared by Pittendrigh Shinkfield and Bruce, drawing number 96727/SK8 dated 17/06/99, except as amended by Architectural Plans prepared by PMDL Architects and Design Pty Ltd submitted for the Section 96(1A) application of 11 November 2002 numbered and dated as follows: Plan Number Date A 101 A 28 July 2002 A 102 A 28 July 2002 A 201 A 28 July 2002 A 301 A 6 November 2002

Page 55



(NB: The amended building design shown on the

plans above must be the subject of approval of a Construction Certificate Application prior to construction.) �� The Landscape Plan prepared by Pittendrigh

Shinkfield and Bruce, drawing number 96727/SK6 dated 18/12/97, as amended by Pittendrigh Shinkfield and Bruce, Drawing No. SK01 dated 8 November 2002.

�� Boardwalk details prepared by P J Mansley, drawing numbers 649-01 and 649-02 dated April 1997;

�� Katoomba Scenisender Plans prepared by Sinclair Knight Mertz, drawing numbers STO1389:150:M14 – Issue B and STO1389:150:M14 – Issue B dated 26/11/99; and

accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent and the following: �� deletion of the caretaker’s cottage.

Stages of Development 6. To confirm and clarify the terms of Council’s approval, the development shall proceed strictly in accordance with the following sequence (or in a combination which yields the same progression) and completion by the nominated date: Stage Time for

Completion 1A Repainting of Skyway

tension weights and tower

31 December 2000

1B Repainting of orphan rocker

30 April 2001

2A Boardwalk—wheelchair accessible section linking bottom platforms

31 December 2000

2B Boardwalk—remainder 30 June 2001 3 Carpark, and associated

landscaping 31 December 2001

4A Ropeway and linking building

30 June 2001

4B Painting of ropeway towers (subject to condition No. 23).

30 April 2002

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5 Bus parking and

associated landscaping. 31 December 2001

6 Western façade. 31 December 2003

7 Remainder of main building

31 December 2004

NB: Apart from landscaping, items in Stages 4-7 shall not be operated until Council has approved the completion of Stages 1A, 2A and 3 and construction of Stage 2B has commenced. A bond or Bank Guarantee to the value of $125,000 in a form acceptable to Council together with a non-refundable charge of $500 to cover the Council’s legal costs shall be lodged to cover works associated with Stage 2B of the development, prior to operation of Stages 4-7. This money will be refundable / bank guarantee released upon application, after certified completion of Stage 2B works which is to be prior to 1 December 2001.

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ITEM NO: 11 SUBJECT: DEVELOPMENT APPLICATION NO. X02/1214 FOR A TENNIS

COURT ON PROPOSED LOT 88, RESUBDIVISION OF LOTS 8 & 9 DP 7372, NO. 95 NARROW NECK ROAD, KATOOMBA

FILE NO: X02/1214 Recommendation: That Development Application No. X02/1214 for a tennis court on proposed Lot 88, re-subdivision of Lots 8 & 9, DP 7372, No 95 Narrow Neck Road, 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 Council determine applications relying on a SEPP 1 application to vary the development standard in respect of site cover by more than 20%.

Applicant

G B Meyer and Associates.

Owner

Mr H and Ms J Dillon.

Application lodged

26 July 2002.

Property address

Proposed Lot 88, re-subdivision of Lots 8 & 9, DP 7372, No. 95 Narrow Neck Road, Katoomba.

FARNERD

WELLINGT

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Subject Site

Page 58


Site description The subject land is a rectangular shaped allotment located on

the western side of Narrow Neck Road, Katoomba. The property has a frontage of 36.58 metres, a depth of 110.681 metres and a total area of approximately 4048.7 m2. The site is relatively level and presently contains well-established gardens. The property is part of a large land holding comprising two (2) separate rectangular shaped allotments. An existing dwelling straddles the boundary separating the two (2) lots, effectively consolidating them into one (1) larger allotment. A separate development application (S01/0076) has been approved by Council under delegated authority to re-subdivide the existing two (2) rectangular shaped lots to create one (1) lot fronting Narrow Neck Road, and a battle-axe lot at the rear. Proposed Lot 88 will have frontage to Narrow Neck Road of approximately 30.5 metres and an area of 2480 m2. The tennis court is proposed to be located at the rear of proposed Lot 88 adjacent to the boundary with proposed Lot 89. Proposed Lot 89 will have an area of 1569 m2. The subdivision application has been approved however at this stage, the necessary civil works, including the construction of the battle axe driveway, have not been commenced, and consequently the subdivision has not been registered. The applicant wishes to construct the tennis court prior to the completion of the boundary adjustment to prevent damage to the battle axe driveway from heavy machinery.

Proposal

The proposed tennis court will be 18.295 metres wide and 29.775 metres long, with an area of 544.7 m2. It is proposed to locate the tennis court 900 mm from the side and rear boundaries of proposed Lot 88. A copy of the plans showing the proposed development form Attachment 2 to this Report.


Zoning – Local Environmental Plan 1991. �� Residential Bushland Conservation (8/ha) (100%).

Notification

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

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Issues Environmental Planning Instruments.

Site Coverage/Environmental Impact. Compliance Table:

LOCAL ENVIRONMENTAL PLAN NO. 1991 Clause Standard Proposed Compliance cl.10.2 Access. The existing driveway to the dwelling will be used. Yes cl.10.4 External surfaces

appropriate for site characteristics.

Fencing around the tennis court will not be solid and is not expected to create any visual or aesthetic problems.

Yes

cl.10.5 Environmental Impact.

The proposed tennis court will be located within an existing garden area, containing exotics and a stand of pine trees. No native vegetation will be affected by the proposed development. Stormwater runoff from the tennis court is proposed to be disposed of via the existing street drainage system in Narrow Neck Road. This matter is discussed in further detail in the following section of the report.

Yes

cl.10.6 Height Restrictions – maximum 2 storeys, 8 metres to the ridge, 6.5 metres to the eaves.

The proposal will satisfy these requirements. Yes

cl.10.8 Connection to services.

Stormwater, water, power and sewer exist or are available to this site.

Yes

cl.10.9 Site coverage - 400m2 plus 5% of the amount the notional development area of the lot exceeds 2000m2. i.e. 424 square metres.

772 square metres (approximately) of proposed Lot 88. The application is accompanied by an objection to this standard under State Environmental Planning Policy No. 1 (SEPP 1) and is discussed in further detail in the following section of the Report.

No

Discussion of issues The application was assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Local Environmental Plan 1991 (LEP 1991). The application, which also seeks the issue of a Construction Certificate, has been assessed against the relevant provisions of the Building Code of Australia. The proposed development is considered to be generally compliant with the relevant planning instruments, with the exception of the site coverage provisions of Clause 10.9 of LEP 1991. The maximum site coverage permitted by Clause 10.9 of LEP 1991 on proposed Lot 88 is 424 square metres. The proposed tennis court and existing dwelling will cover 772 square metres. This is an increase of 348 square metres or 80% above LEP 1991 requirements.

Page 60


The applicant has lodged an objection to the maximum site coverage provisions pursuant to State Environmental Planning Policy No. 1 (SEPP 1). This Policy enables a development standard to be varied where it can be demonstrated that compliance with the standard is unreasonable or unnecessary in the particular circumstances. The applicant has submitted that Clause 10.9 of LEP 1991 is unreasonable and unnecessary in this instance by reason that:

�� The land on which the tennis court is proposed to be located is part of a landscaped

garden containing a large number of immature radiata pines and is not in an area of high visual significance;

�� The site is within a residential area with limited remnant bushland and the construction of the tennis court will not reduce any bushland character;

�� The development will not cause any overshadowing or nuisance to adjacent land uses; and

�� The tennis court is compatible with the residential character of the area. Zone Objectives Clause 9.3 of LEP 1991 requires that Council not grant consent to any development unless the Council has considered the objectives within the Plan, and in the opinion of Council, the carrying out of that development complies with the relevant objectives. The applicant indicates that the proposed development complies with the objectives of the Residential Bushland Conservation zone. The objectives for the Residential Bushland Conservation zone are contained in Clause 6.3 of LEP 1991 and are discussed below: “(a) To ensure that all development including subdivision is environmentally sensitive

and site responsive and maintains and facilitates sustainable natural ecosystems and biodiversity within the Blue Mountains.”

The proposal is site responsive as it is located on a relatively level part of the allotment. The proposed site does not contain any native bushland. “(b) To utilise best practice water management techniques:

�� to protect, and where practicable to improve, existing perennial and non-perennial watercourses and the associated riparian zone; and

�� to protect , and where practicable to improve, water quality; and �� to maintain pre-development downstream flow patterns; and �� to promote ecologically sustainable water and land management practices.”

The subject property is located on the crown of a hill and has a gentle slope to the front and rear. The applicant proposes to grade the surface of the court to a grated drain, and convey stormwater via a piped drainage system located within a drainage easement over the access handle to proposed Lot 89, to Council’s street drainage system in Narrow Neck Road.

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The tennis court will significantly increase the impervious surface of the land thereby potentially increasing the amount of stormwater runoff. Such an increase in runoff has the potential to adversely impact on the existing hydrological flows from the site and is not considered to comply with the above objective. However, the topography of the site and the relatively gentle grades would enable an alternative stormwater disposal system using on site infiltration or re-use for a significant proportion of the runoff as a practical means of maintaining pre-development flows. Such a system would need to be designed by a hydraulic engineer or other suitably qualified person and could be addressed by way of a condition in any consent. It should be noted that the subject property (Lots 8 & 9) has a total area of 4048m2 and under the provisions of LEP 1991 could be subdivided to achieve a theoretical yield of three (3) lots, each having an area of approximately 1350m2. Clause 10.9 of LEP 1991 would provide for a maximum building site cover of approximately 335m2 on each such allotment. The total building site cover on those lots would equate to approximately 1005m2. Under the present proposal, and allowing for any building on proposed Lot 89 to have the maximum permissible building site cover under Clause 10.9 of approximately 357m2, the maximum building site cover of both allotments will be approximately 1130m2. This represents an increase of approximately 125m2 above the total maximum theoretical building site cover for three lots under Clause 10.9. The maximum building site coverage provisions specified in LEP 1991 are aimed in part at limiting the extent of impervious surfaces on a lot so as to maintain the hydrological conditions of the land. As discussed above, LEP 1991 limits the maximum building site cover on a lot, however it does not impose controls on the maximum extent of hard stand or impervious surfaces on the land. Accordingly there is nothing to prevent the owner of the property from paving or concreting an equivalent area of land for use as a paved courtyard, private recreation area, uncovered parking area or the like. While LEP 1991 does not include provisions controlling the extent of impervious surfaces, the exhibited Draft LEP 2002 proposes that 60% of a site zoned Living Bushland Conservation under the Draft Plan be retained as soft, pervious or landscaped area. Using these provisions as a guide, the existing dwelling, including the driveway, and the proposed tennis court will have a total site cover of approximately 890 m2 or approximately 36% of the total site area of proposed Lot 88. Given the extent of un-built upon land proposed to be retained, it is considered that the proposed development, not withstanding the increase in site cover, will still comply with the above objective. “(c) To establish an appropriate landscape character by encouraging the preservation,

regeneration and re-establishment of native bushland, where practicable.”

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No native vegetation is affected by the proposal. The site is predominately landscaped with exotic gardens. This matter is discussed in further detail in the following section of the Report. Furthermore, the need to provide for an adequate asset protection zone to protect the existing building from bushfire would minimise opportunities to re-establish native bushland on the site even if the tennis court did not proceed. “(d) To ensure that the form and siting of development, and the building materials,

colours, and landscaping utilised in that development, are each appropriate for, and harmonise with, the bushland character of the area in which the development is to take place.”

The proposed tennis court is considered suitable for a residential area and will have minimal impact on the streetscape or scenic character of the area. “(e) To ensure bush fire protection measures are adequate to protect proposed

development and are able to be implemented without unacceptable adverse environmental impacts.”

The proposed tennis court will require removal of a stand of radiata pine trees and will form part of the asset protection zone for the dwelling. Character/Streetscape The site is located on the western side of Narrow Neck Road between Farnells Road and Stuarts Road. The area is generally residential in nature and is characterised by large landscaped gardens. The site of the proposed tennis court is part of a predominately landscaped garden containing a large number of radiata pine trees, and will not involve the removal, or impact on, any native vegetation or bushland. The proposed tennis court will require removal of a stand of radiata pines however, while they are visible from the road, they do not add significantly to the landscape character of the area or contribute to the streetscape. Furthermore, there is some remnant native vegetation within proposed Lot 89 which will help minimise the visual impact of the proposed tennis court on any future dwelling on this lot. Accordingly compliance with the provisions of Clause 10.9 of LEP 1991 is considered unreasonable in the circumstances and the SEPP 1 objection seeking to increase the site coverage of the property is supported. Conclusion The Development Application/Construction Certificate for the erection of the tennis court has been considered in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and LEP 1991. Provided the proposed means of stormwater disposal from the tennis court is amended to utilise re-use or on-site infiltration for the majority of surface water, it is considered the proposed development will have minimal environmental or visual impact and will comply with the relevant objectives of LEP 1991. Accordingly, the increase in the site coverage and the SEPP 1 objection is supported.

Page 63


It is recommended that the application be approved by the granting of consent subject to the conditions shown in Attachment 1.

Page 64



Development consent 1. Blue Mountains City Council issues its consent,

subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning and Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from the (Date of this consent). To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans prepared by G B Meyer & Associates numbered 115-01/4 dated 24/7/02 and accompanying supportive documentation, including drainage details submitted in compliance with the terms of the deferred commencement consent, except as otherwise provided or modified by the conditions of this consent.

Location of Tennis

Court 2. To ensure an acceptable level of amenity is maintained

to the proposed lot to the rear, the tennis court is to be located a minimum of 1 metre off the proposed western boundary of proposed Lot 88. The area between the court and the boundary is to be planted with vegetation capable of attaining a minimum height of 3 metres and p[providing a visual screen (eg a hedge). Details of the proposed plantings shall be approved by Council prior to construction commencing.

Removal of trees 3. To help control the spread of environmental weeds, the

pinus radiata trees adjacent to the western boundary of proposed Lot 89 shall be removed.

Builders details 4 Prior to any works commencing on the site, written

advice as to the a) builder's details (name, address and licence

number) b) owner / builder permit is required for Council records.

Re-Use/Infiltration of

Stormwater 5. The proposed method of stormwater drainage and

disposal from the tennis court is to be amended to provide for the detention and re-use and/or infiltration of surface water on site. Duplicate copies of drainage details, prepared by a hydraulic consultant or other suitably qualified person, are to be submitted to and approved by Council prior to construction commencing.

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Such details shall address but not necessarily be

limited to:

a) Post development flows should meet pre-development flows;

b) Location and sizes of pits, pipes, detention facilities, infiltration trenches etc;

c) Soil types and depth;

d) Design parameters including storm intensity and duration, soil infiltration rates, calculations etc;

e) Surcharge paths. Site management 6. 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 (excluding felled trees) must be contained and removed to a Waste Disposal Depot. Felled trees may be mulched for re-use on site.

Page 66



Erosion & sediment

controls 7. 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.

Stormwater drainage 8. To ensure the development maintains existing flow

patterns, surface stormwater from the tennis court shall be collected and detained for re-use or for disposal by on site infiltration in accordance with the details submitted in accordance with the terms of Condition 5 above.

External finishes 9. To ensure that the development is compatible with the

surrounding environment colours and finishes are to be muted bushland tones.

Construction

inspections 10. To ensure structural integrity, the maintenance of

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

a) Completion of stormwater drainage lines prior to backfilling.

b) Completion of the development and sign off to

all conditions of the consent including landscaping, prior to use.

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At each inspection, erosion and sediment control

measures and site management will be inspected. Protection of vegetation 11. To preserve the natural site features and limit site

disturbance, ground covers and trees within 3 metres or more from the outermost projection of the tennis court are to be retained. Remaining vegetation must be protected by suitable guards / barriers to prevent damage as a result of the construction phase. (This does not apply to those pinus radiata trees required to be removed in compliance with Condition 3 or trees and vegetation required to be removed in identified Fire Protection Zones.)

Consolidation/

Subdivision of lots 12. To ensure all land for the development is provided in

the same ownership, Lots 8 & 9 in DP 7372 shall be consolidated into one (1) parcel of land prior to completion and use of the tennis court. Alternatively, the lots are to be re-subdivided to achieve the subdivision pattern indicated on the plans prepared by G B Meyer & Associates numbered 115-01/4 dated 24/7/02 and evidence of registration of the subdivision from NSW Land & Property Information submitted to Council.

Page 68


Attachment 2 - Plan

Page 69


ITEM NO: 12 SUBJECT: DEVELOPMENT APPLICATION NO. X02/0975 FOR A ONE (1)

SUITE BED AND BREAKFAST ESTABLISHMENT IN CONJUNCTION WITH THE EXISTING DWELLING ON LOT 2 DP 6108, NO. 1 FERN STREET, LEURA

FILE NO: X02/0975 Recommendation: That Development Application No. X02/0975 for a one (1) suite bed and breakfast establishment in conjunction with the existing dwelling on Lot 2 DP 6108, No. 1 Fern Street, Leura be determined pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this Report. Report by Group Manager, Environmental and Customer Services: Reason for report Bed and Breakfast Establishments are proposed to be prohibited

in the Living Conservation zone under Draft Local Environmental Plan 1997. In accordance with Council policy, the application is submitted to Council for determination.

Applicant/Owner

Mr P Hunt and Mrs W Hunt 1 Fern St, Leura.

Application lodged

19 June 2002.

Property address

1 Fern Street, Leura.

LINDEMAN

MO

UNT

KINGS RD

ST

FERN

RD

AVE

303030303030303030

212121212121212121

232323232323232323232323232323232323

777777777

292929292929292929 313131313131313131

43-4543-4543-4543-4543-4543-4543-4543-4543-45

474747474747474747

51-5351-5351-5351-5351-5351-5351-5351-5351-53

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353535353535353535 373737373737373737

363636363636363636383838383838383838

40-4440-4440-4440-4440-4440-4440-4440-4440-44

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40-4440-4440-4440-4440-4440-4440-4440-4440-44

42-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-4442-44

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9-119-119-119-119-119-119-119-119-11

35 3735 3735 3735 3735 3735 3735 3735 3735 37303030303030303030

43 4743 4743 4743 4743 4743 4743 4743 4743 47

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44-5044-5044-5044-5044-5044-5044-5044-5044-50

43-4743-4743-4743-4743-4743-4743-4743-4743-47

494949494949494949515151515151515151

575757575757575757595959595959595959616161616161616161

636363636363636363

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53-5553-5553-5553-5553-5553-5553-5553-5553-55323232323232323232

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616161616161616161363636363636363636

636363636363636363

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43-4743-4743-4743-4743-4743-4743-4743-4743-47

Subject Site

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Site description The subject land is located on the northeastern corner of Fern

Street and Kings Road, Leura. It has an area of approximately 1457m2. A double storey brick and fibro clad ‘Tudor style’ cottage is located on the site and an access driveway is located adjacent to the southern side boundary of the site. The remainder of the site is landscaped with an established garden. The dwelling comprises three (3) bedrooms, ensuite and bathroom on the upper level and a kitchen, dining room, lounge room, family room, bedroom and bathroom on the ground level. A parking ‘pad’ constructed from grass pavers is located in the southwestern corner of the site. This ‘pad’ accommodates one (1) vehicle and is proposed to be used for guest parking. The property is located within an area predominantly occupied by dwelling houses similarly set on large lots with established gardens.

Proposal

The applicant proposes to utilise three (3) rooms located on the ground floor of the northern side of the dwelling. A bathroom, lounge room and bedroom will be designated for use by guests. A separate access door into the Bed and Breakfast is proposed to be located on the northern (front) elevation of the building. A copy of the plans showing the site and extent of the dwelling proposed to be utilised are provided in Attachment 2 to this Report. Approval is also sought for a single rectangular sign (measuring 0.3 metres by 0.3 metres—0.09m2) stating the name of the Bed and Breakfast Establishment and telephone number. The sign will be erected on a pole measuring no higher than 2.0 metres. It is proposed that guest vehicles will park on the parking pad located on the front southwestern corner of the site, adjacent to the entry point. The permissibility and acceptability of this proposal is discussed later in this Report.


�� Residential 2(a1) under Local Environmental Plan No. 4. �� Proposed ‘Living Conservation’ under Draft Local

Environmental Plan 1997. �� Proposed ‘Living Bushland Conservation’ under Draft

Local Environmental Plan 2002. �� Development Control Plan No. 16—Bed and Breakfast

Establishment.

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Notification The application was advertised for a period of 30 days from

3 July 2002 until 1 August 2002 in the Blue Mountains Gazette as well as written notification to adjoining and nearby property owners. No submissions were received.

Issues

Assessment issues – �� Environmental Planning Instruments and Draft

Environmental Planning Instruments. �� The impact of the development on the amenity of the

locality. �� Traffic generation and on site parking. �� Statutory Authorities. �� The need for applications in the Living Conservation

zone under Draft Local Environmental Plan 1997 to be referred to Council.

Compliance Table: Development Control Plan No. 16 - Bed & Breakfast Clause Standard Proposed Compliance cl.3 Operated by the

owner who is a permanent resident.

The business will be operated by the permanent residents of the dwelling

Yes

For short-term visitors only.

Yes

No more than six (6) guests, total twelve (12) residents.

One bedroom accommodating a maximum of 2 guests. Yes

Availability of reticulated sewer.

The Sydney Water sewer services the dwelling. Yes

cl.4 1 car parking space per guest room.

One on site parking space is available. Resident parking is available in the garage and on the driveway.

Yes

Minimise vehicle noise.

The guest parking space is located away from nearby residences and from the dwelling itself..

Yes

Vehicles to enter and leave in forward direction.

Guest vehicles will be required to park front end into the car parking space and will need to reverse from the space into Fern Street. This matter is discussed in detail below.

No

No refreshment rooms.

The dining area is for guests only. Yes

cl.5 1 sign per property not exceeding 0.3m2.

1 sign not exceeding 0.3 m2 proposed to be located at the entry to the property’s driveway. Design details have been provided and were summarised earlier in this Report.

Yes

Page 72


Discussion of Issues 1. Environmental Planning Instruments and Draft Environmental Planning

Instruments. Local Environmental Plan No. 4 The site is zoned Residential 2(a1) under the provisions of Local Environmental Plan No.4. The proposed use is permissible with Council consent. Clause 11A—Bed and Breakfast Establishment The proposal complies with the identified criteria under Clause 11A or Local Environmental Plan No. 4 being: �� Operated by an owner who is a permanent resident. �� Short-term accommodation only with a maximum of six (6) visitors. �� Connected to reticulated sewer. �� Permissible only with Council consent. Draft Local Environmental Plan 1997 The site is proposed to be zoned Living Conservation under the exhibited Draft LEP 1997 which sought to make Bed and Breakfast Establishments a prohibited use. However, the provisions of Draft LEP 1997 are being reviewed as part of the Draft LEP 2002 process, and as such, its adoption is unlikely. Furthermore, the primary planning instrument is LEP 4 and as the application is for a low-key one suite Bed and Breakfast Establishment without structural change to the existing building, no objections to the proposal are raised. Draft Local Environmental Plan 2002 The site is proposed to be zoned Living Bushland Conservation under the exhibited Draft LEP 2002. Bed and Breakfast Establishments are proposed to be a permissible use within this zone. Any protected areas or environmental constraints do not directly affect the site. 2. Impact of the development on the environment and effect of the development

on scenic and landscape quality of the locality. The existing dwelling is a large, well maintained ‘Tudor’ style residence. The house is set on a large, attractively landscaped allotment with well-established gardens and bushy views. Suitable separation exists between the subject house and neighbouring homes to minimise any likely adverse impacts associated with the proposed use. The proposal makes use of existing rooms in the house and will provide guests with a private retreat separate from the remainder of the house. The site is located within close proximity to bushland and associated walks. It is also within relatively close proximity to the Leura Village commercial area. These factors are considered to enhance the suitability of the site for use as a Bed and breakfast Establishment.

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There are no other bed and breakfast establishments in the immediate locality. It is considered that the development will not adversely impact on the environment or the scenic amenity of the area. 3. Traffic Generation and Parking One guest parking space is proposed to be located on the parking pad located on the southwestern corner of the site, adjacent to the driveway entry. The parking pad is constructed from concrete grass pavers with a 450mm wide concrete strip forming a border at the top of the parking pad. The guest vehicle will be required to reverse from this space onto Fern Street in order to leave the site. Due to the low key nature of the development (being a single suite bed and breakfast) and the fact that Fern Street services only 4 other residences it is considered that in this instance the proposed parking arrangement is acceptable. Vehicular movement associated with the development will not be discernibly different to that currently generated by the residents. Whilst Fern Street is at present unsealed, given the low-key nature of the development and the low level of usage the road currently attracts it is not considered necessary to seek that the applicant seals the road for that portion which accesses the site. It is considered that the road infrastructure in the general locality is generally adequate to service the site. In addition, the configuration of the dwelling is such that it is unlikely that a future application to intensify the activity would be made. If this were to be the case then appropriate upgrading/sealing work would need to be considered to address road and car parking requirements should such an application be approved. Owing to use however, the condition of the road immediately adjacent to he site is such that minor regrading works should be a condition of any development consent. 4. Statutory Authorities The application was referred to Sydney Water in accordance with their requirements. Sydney Water has advised that no objections to the proposal are raised. It is not anticipated that the proposal will result in any discernible increase in demand for Sydney Water services. Conclusion A Bed and Breakfast Establishment is permissible on the site only with the consent of Council. The new use will not involve any internal changes to the dwelling with the only external change being the provision of a separate guest entry door at the front of the house. It is considered unlikely there will be any loss of residential amenity as a consequence of the development. The site is in a quiet part of Leura close to bushwalks and other environmental attractions. The residence is considered appropriate for the intended use. The review of Draft Local Environmental Plan 1997 involved extensive revision and investigation into localised issues. The studies that evolved from these investigations formed the basis for Draft LEP 2002 which is intended to replace the provisions of Draft Local Environmental Plan 1997.

Page 74


It is appropriate that Council use the most recent documentation when assessing current applications and it is therefore considered that more weight should be given to the provisions of Draft Local Environmental Plan 2002 that to those of Draft Local Environmental Plan 1997. For this reason it is recommended that the requirement for all Bed and Breakfast Establishment applications which fall within the Draft Local Environmental Plan 1997 Living Conservation zone and would therefore be prohibited, to be submitted to Council for determination be reconsidered. This is the subject of a separate report to Council. The proposal is supported subject to appropriate conditions.

Page 75



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 one (1) suite Bed and Breakfast Establishment shall be in accordance with the plans prepared by P Hunt and G B Meyer and Associations and supportive documentation accompanying the application, except as otherwise provided or modified by the conditions of this consent.

Services 2. Arrangements are to be made with the relevant

authorities including Sydney Water, Integral Energy and Telstra for the extension and/or provision of services for the development. In this regard, all requirements of those Authorities must be satisfied prior to the use commencing..

Bed & Breakfast 3. To ensure compliance with Council’s Development

Control Plan No.16, Bed and Breakfast: �� No more than two (2) visitors shall be resident at

any one time. �� Refreshment rooms ie., a restaurant, cafe, tea

room, eating room or the like, are not permitted on the site.

�� The premises have to be operated by permanent residents on the site.

�� The guest accommodation shall be available for short term paid accommodation only.

�� No cooking facilities are to be provided to the rooms.

Carparking 4. In accordance with Council’s Development Control

Plan 29, Car Parking, off-street parking is to be made available for the residents’ vehicle with one (1) space for the Bed and Breakfast Suite on the parking pad adjacent to the south western corner of the site. In order to improve the ability to reverse from the parking pad, two lines delineating the ideal angle to park shall be marked out on the parking pad with a minimum width of 3 metres, generally as shown in red on the approved plan.

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Only one vehicle may park on the parking pad at any

time. Evidence, by way of certification from a registered surveyor that the parking pad does not encroach upon Council’s road reserve is to be submitted prior to commencement of the business. Should the parking pad prove to encroach on Council’s road reserve it would be necessary to remove the overhanging portion and redesign the parking pad configuration accordingly.

Signage 5. In accordance with Council’s Development Control

Plan No. 16, Bed and Breakfast, one (1) advertising sign is permitted on the property to indicate the presence of a Bed and Breakfast Establishment. The sign is to comply with the plan submitted.

B&B operating

approval 6. A ‘Bed and Breakfast’ operating approval is required

from Council prior to use. Health & fire safety 7. To ensure adequate fire safety and health standards are

provided within the Bed and Breakfast establishment: �� Suitable single station smoke detector units must

be installed within all habitable rooms (excluding kitchens) and all passageways, hallways and the like. The smoke detectors are to be: interconnected; connected to a permanent 240 volt power supply; and, provided with battery backup to activate the alarm units in the event of power failure. A full detail of the system is to be submitted to Council for approval prior to installation.

�� A 3.5kg Carbon Dioxide Portable Fire Extinguisher is to be installed within the kitchen area of the building.

�� A 1.2m x 1.2m fire blanket is to be provided to the kitchen area in a readily accessible location to the satisfaction of Council.

�� The lock on the front door is to be replaced or altered so that it opens by single handed action on a single device without recourse to a key from the side facing the person seeking egress from the building.

Page 77



�� The refrigerator must be fitted with an approved

thermometer in accordance with the Food (General) Regulation 1997, so as to enable the temperature of the food stored within to be continuously monitored.

Disabled access advice 8. Under the Disability Discrimination Act, the owner

has responsibility for the provision of access and facilities for people with a disability.

Fern Street access 9. In order to improve the vehicular access to the site, the

road way leading from Kings Road to the ‘parking pad’ off Fern Street is to be improved by way of minor regrading works and where necessary laying of additional gravel road base.

Page 78


Attachment 2 - Plan

Page 79


ITEM NO: 13 SUBJECT: MODIFICATION OF DEVELOPMENT APPROVAL FOR AN

INTEGRATED HOUSING DEVELOPMENT AND COMMUNITY TITLE SUBDIVISION COMPRISING 38 DWELLINGS AND A COMMUNITY BUILDING AT LOT 21 DP 867355, NO. 106 GREAT WESTERN HIGHWAY, BLAXLAND

FILE NO: X99/0983 Recommendation: That modification of Development Approval No. X99/0983 for an integrated housing development comprising 38 dwellings, a community building and Community Title subdivision comprising 39 lots at Lot 21 DP 867355, No. 106 Great Western Highway, Blaxland be granted pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, by amending Condition No. 1 to read:

‘Blue Mountains City Council issues its consent, subject to conditions stated hereunder, in accordance with Section 80A of the Environmental Planning and Assessment Act 1979. Substantial physical commencement of construction is required within 2 years from 20 March 2000.

To confirm and clarify the terms of consent, the development shall be carried out in accordance with the plans numbered 764/MP/DA02(B), 764/S96/1A–3A, 764/S96/3A-4A, 764/CC/A06A, 764/MP/DA04-06(A), 764/MP/DA09-19(A) dated July 1999, August 1998, April 1999 and May 1999 prepared by Michael Standley & Associates and plans prepared by Bowdens numbered 627/LP-01-03 dated July 1999 and 22861Q38 Amendment A dated July 1999 and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent’.

Report by Group Manager, Environmental and Customer Services: Reason for report:

The original development proposal was referred to Council for determination as it has a work value in excess of $1 million.

Applicant:

Bowdens Group

Owners:

Newmund Pty Ltd

Application lodged:

18 October 2002

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Development controls:

�� Residential 2(a1) under Local Environmental Plan No. 4. �� Integrated Housing under Local Environmental Plan No.

126. �� Proposed ‘Multi Unit Housing’ under Draft Local

Environmental Plan 1997. �� Proposed ‘Village Housing’ under Draft Local

Environmental Plan 2002.

Site:

The site is vacant and has an area of 3.53 hectares. The shape of the lot is somewhat irregular, bounded by the Great Western Highway to the east, and Council land to the north and privately owned land to the south. Access to the site is via an unnamed road off Short Street. The site is located in a predominantly residential bushland area and adjoins the Euroka childcare centre and the Blaxland community centre and library. It is situated approximately 200 metres from Blaxland commercial area and Blaxland railway station. At its northeast corner the site adjoins a heritage item listed under LEP 4, namely BX 07 ‘a stone residence’ at No. 108 Great Western Highway.

Subject Site

Page 81


Proposal: The original approval included the construction of a community

building and thirty-eight (38) free standing, self contained residential dwellings comprising of two storey, three (3) and four (4) bedroom units with double garages. The approval included ten basic house designs. The proposed Section 96 modification involves the following changes:

�� Rotate the Community Centre 90o. �� Minor relocation of proposed dwellings on Lots 3-16,

35, 36 and 38. �� Minor internal boundary adjustments to Lots 6-14 and

35. �� Modification of selected housing types to Lots 7, 10-14

and 16. The amount of detail contained in the A1 sized plans makes it unlikely that A4 reductions would have a sufficient degree of legibility. Therefore, it is proposed that a full set of A1 plans be made available at the Council meeting.

Notification: The modified proposal was notified to adjoining neighbours and to Euroka Child Care Centre. No submissions were received.

Background:

The original application was the result of extensive consultation between Council, NPWS and the applicant since early 1995. The application was preceded by a similar proposal that was approved by Council under two separate consents, and incorporated a total of 42 residential dwellings, and a rezoning of the site. The rezoning was completed with the gazettal of Local Environmental Plan No. 126 on 11 July 1997.

1. Statutory Requirements The proposed modifications have been assessed in accordance with the Environmental Planning and Assessment Act, 1979, in particular Sections 79C, matters for consideration, and Section 96, modification of consent. Where pertinent, comments have been made that addresses these considerations. The development is considered to be substantially the same development as previously approved.

Page 82


(a) Local Environmental Plans

The proposed modification does not alter the permissibility of the development under the provisions of LEP 4, as amended by LEP 126 and the proposal complies with those relevant provisions.

Site Coverage Ratio

The proposed modification does not alter the Site Coverage Ratio as defined in LEP 4 nor as considered in relation to the original development.

An objection to the Site Coverage Ratio was submitted with the original development, under the provisions of State Environmental Planning Policy No. 1 (SEPP 1). The variation being sought was an increase in the Site Coverage Ratio of 0.06:1.

Minimum Allotment Sizes

Pursuant to LEP 4, each allotment created, on which a dwelling house will be erected, must have an area of 260m2 or more. The proposed Section 96 modification provides allotments ranging in area from approximately 430m2 to approximately 830m2. All proposed site are well in excess of the required minimum.

Privacy

The proposed modifications do not alter the consideration of privacy in relation to design of the dwellings, proposed landscaping and subdivision layout.

Solar access

The proposed modifications do not adversely affect the energy efficiency of the development, specifically in relation to access to natural light, orientation of the buildings, landscaping, choice of building materials and design.

Setback to the Great Western Highway

LEP 4, as amended, specifies a minimum setback of 14 metres, at its closest point to the Great Western Highway. The proposed modification achieves this requirement and incorporates the construction of a noise attenuation fence and landscaping along the boundary of the site

(b) Draft Local Environmental Plan 1997

The proposed modification does not alter the permissibility of the approved development under the provisions of Draft LEP 1997.

Page 83


(c) Draft Local Environmental Plan 2002

The site is proposed to be zoned Village Housing under Draft LEP 2002. The proposal is generally consistent with this zoning and is considered to meet the objectives of the zone.

2. Impacts of the Development

Locality

The proposed modification does not alter consideration of the prevailing character of the locality, as assessed in relation to the original proposal.

Design

The design and character of the dwellings have been influenced by the bushland setting, in that they are clustered in the most disturbed portion of the site to optimise the areas of retained bushland on site and to achieve aural privacy. The dwellings have been designed to provide variety, to minimise site disturbance, to achieve a suitable level of solar accessibility and provide an outlook from each dwelling.

The proposed modification does not alter the responsive positioning of dwellings on site or the provision of attractive and useable private outdoor areas for each residence.

The proposed modification does not increase the bulk or scale of the approved development, which is similar in scale to surrounding development, or the retention of significant areas of canopy.

The selected housing types have been modified for lots 7, 10-14 and 16. The rear of each of these lots, except lot 16, is oriented towards the Great Western Highway. The changes to housing types have the objectives of further minimising tree removal and the need for “cut and fill”. The proposed modified housing types achieve this without increasing the overall bulk and scale of the subject dwellings.

Conclusion The proposed modification is considered to be consistent with the original approved development and is supported.

Page 84


Recommendation That the proposed modification be approved, under Section 96 of the Environmental Planning and Assessment Act, subject to the modification of Condition 1 to modify the architectural plans, as follows:

�� Replace Master Plans 764/MP/DA01A with 764/S96/1A. �� Replace Ground Floor Plans 764/MP/DA02B and F, with 764/S96/2A �� Replace 764/MP/DA03C with 764/S96/3A �� Add 764/S96/3A – 4A and 764/CC/A06A

Page 85


ITEM NO: 14 SUBJECT: SECTION 96 APPLICATION TO MODIFY DEVELOPMENT

APPLICATION NO. X01/1323 FOR A TWO STOREY TIMBER CLAD DWELLING WITH COLORBOND ROOF AND A DETACHED GARAGE ON LOT 28 SECTION A DP 5785, NO. 60 FIRST AVENUE KATOOMBA

FILE NO: X01/1323 Recommendation: That Development Application No. X01/1323 for a two storey timber clad dwelling with colorbond roof and a detached garage on Lot 28 Section A DP 5785, No. 60 First Avenue Katoomba be modified pursuant to S.96 of the Environmental Planning and Assessment Act 1979 by amending Condition No. 1 as follows:

“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 B.D Design and Consulting, numbered 01-09 pages 1 – 7, dated October 2002 and accompanying supportive documentation, except as otherwise provided for or modified by the conditions of this consent.”

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. In accordance with Council Policy, an application seeking to modify a Development Consent which was determined by Council must also be reported to Council for consideration and determination.

Applicant

B D Design & Consulting

Owner

Mr B Donough

Application lodged

14 October 2002

Page 86


Property address Lot 28, Section A, DP 5785, No. 60 First Avenue Katoomba

WATTLE

SECO

ND

FIRST

13/G/578513/G/578513/G/578513/G/578513/G/578513/G/578513/G/578513/G/578513/G/5785

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

Katoomba. The property has a frontage of 21.1 metres, an average depth of approximately 89 metres and a total area of approximately 1796 m2. The site has a relatively uniform slope from the front to rear averaging approximately 1:4. The property is zoned Bushland Conservation (No Subdivision) under Local Environmental Plan (LEP) No. 1991. Approximately 75% of the rear of the site is designated as a Protected Area-Environmental Constraint Area and contains Schedule 3 vegetation in the form of a hanging swamp. The Environmental Constraint Area extends in a westerly direction from between 25.0 metres and 19.0 metres (approximately) from the front boundary of the property to the rear boundary.

Proposal

The applicant seeks to make the following modifications to the design and layout of the building approved under Development Application X02/1323:

a) The removal of the master bedroom window on the southern elevation and its replacement with a smaller window in the eastern elevation.

b) The addition of a second matching window to the family room on the northern elevation.

c) Minor changes to the internal configuration of kitchen, dinning room, bathroom and laundry on the ground floor. This includes the internal arrangement of fixtures and some small changes to the dimensions of the individual rooms however the overall dimensions remain unchanged.

Subject Site

Page 87


d) Changes to the internal configuration of rooms on the

lower ground floor by the removal of one bedroom, the relocation of the bathroom and an increase in size for the remaining three rooms. External dimensions and configuration remain the same however there is some minor changes to the window and door positions.

A copy of the plans showing the proposed modifications form Attachment 1 to this Report.

Background

At its meeting of 11 December 2001, Council resolved to grant Consent to Development Application X01/1323 for the erection of a dwelling on the subject property together with a detached single garage with a storage area below. The proposed dwelling comprised a part one and part two storey, cottage-style dwelling. The ground floor contained two bedrooms, bathroom, laundry, family, kitchen and dining room with verandas at the front and rear. The lower ground floor comprised three bedrooms, bathroom, rumpus and storage room. The original Report to Council considered a number of issues associated with the proposed development including an objection to the maximum building height provisions pursuant to State Environmental Planning Policy No. 1 (SEPP 1) and a variation to the front building alignment to allow the development to be located clear of the Environmental Constraint Area. A copy of the previous Report has been distributed separately to Councillors. Construction works associated with the development approved by Council have commenced on site and the building is presently at frame stage.


Zoning – Local Environmental Plan 1991. �� Residential Bushland Conservation (No Subdivision)

(100%). �� Environmental Constraint Area (74.58%).

Notification

The application was renotified to adjoining property owners in accordance with Council’s DCP 35–Community Consultation for Land Use Management. No submissions were received.

Issues

Environmental Planning Instruments.

Page 88


Discussion of Issues 1. Environmental Planning Instruments In modifying a consent, Section 96(2) of the Environmental Planning and Assessment Act, 1979, requires that the Council must be satisfied that the development to which the consent, as modified, relates is substantially the same development. In this regard the proposed modification does not materially change the development but instead seeks minor changes to the internal configuration of the rooms and some minor changes to the window and door positions. Accordingly the development, if modified, is still considered to be substantially the same as that which was approved. In determining an application to modify a Development Consent, Section 96(3) of the Act requires Council to take into consideration such of the matters referred to in Section 79C of the Act as are of relevance to the development the subject of the application. The application was assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, and for compliance with Local Environmental Plan 1991 (LEP 1991), Development Control Plan 10 – Blue Mountains Character Guidelines (DCP 10), Development Control Plan 30 – Smart Design (DCP 30) and Development Control Plan 34 – Energy Efficiency in Residential Development (DCP34). The proposed modifications comprise changes to the internal configuration of some rooms and some minor changes to the window and door positions. It is considered that these modifications will have no adverse impact on the subject property or any adjoining property. The issues relating to the maximum building height provisions and the variation to the front building alignment were assessed as part of the original determination of the Development Application and are not affected by the modifications as the character, height, location and overall dimensions of the dwelling remain unchanged. Report by External Consultant In accordance with Council’s procedures, the application has been reviewed externally by an independent Town Planning Consultant. This was undertaken by Mr Karl Berzins of Berzins Environmental Planning who has submitted a report dated 9 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.”

Conclusion The Section 96 application has been assessed under the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979.

Page 89


The proposed modifications involve minor changes to the internal configuration of some rooms, doors and windows and do not alter the position, height, overall design or character of the dwelling. Accordingly, it is recommended that the application to modify the Consent be approved and the necessary consequential change be made to Condition No. 1 of the Consent to reference the revised plans.

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ITEM NO: 15 SUBJECT: DRAFT NATIVE VEGETATION MANAGEMENT ORDER FILE NO: C05085 Recommendations: 1. That the Draft Native Vegetation Management Order be placed on public

exhibition for a period of forty (40) days. 2. That the public consultation include public meetings in the upper and lower

mountains, advertisement in the Blue Mountains Gazette on two (2) occasions and notification of relevant clubs and businesses.

Report by Group Manager, Environmental and Customer Services: Introduction 2000 Public outcry in regard to removal of hanging swamp vegetation led to Council

resolving to amend Local Environmental Plan No. 4 and Local Environmental Plan 1997 so as to enable a Vegetation Management Order to be implemented. Further, that a Vegetation Management Order be prepared.

2001 The draft Vegetation Management Order was prepared and adopted for exhibition by Council.

2002 1. The draft Vegetation Management Order was publicly exhibited and twenty six (26) submissions were received. Following a Report to Council in relation to funding of the implementation of the Vegetation Management Order, significant public concern led to Council undertaking further consultation.

2. Two (2) public meetings were held and many submissions were received.

3. Council briefing held on emerging issues and a process agreed upon as follows:

a. Redraft the Vegetation Management Order; b. Council briefing session seeking agreement to go back to the

community; c. Public meetings; d. Revise and report to Council for exhibition; and e. Statutory exhibition.

4. Vegetation Management Order was re-drafted to apply to native vegetation only and address many of the community concerns. Councillor briefing was held seeking comment on the revised document.

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However the substantial concerns expressed by one Councillor suggest that this process is no longer appropriate therefore the draft Native Vegetation Management Order has been referred to Council for a resolution as to whether or not to proceed to public exhibition. Why would Council need a Vegetation Management Order? At the present time, Council regulates vegetation removal (trees only) through the Development Consent process and through its Tree Preservation Order (TPO). The TPO is enabled by Local Environmental Plans Nos. 4 and 1991. If the TPO were not in existence, there would be no mechanism for regulating the removal of trees within the Council area outside the Development Consent process. Clause 53 of draft Local Environmental Plan 2002 however proposes that Council may prepare a Vegetation Management Order for the purpose of “…securing amenity, preserving and maintaining environmental quality or protecting vegetation…”. Such an order “…may specify or describe any tree, trees or vegetation by reference to any class, type or description of trees or vegetation on land described particularly or generally…”. It can therefore be seen that a Vegetation Management Order can be as broad or narrow in its regulatory function as Council might deem suitable. Local Environmental Plan 1991, draft Local Environmental Plan 2002 and draft amendment No 31 to Local Environmental Plan 1991 either provide for, or propose to provide for, scheduled vegetation. This vegetation is deemed to be so significant in its values to the social and natural environments of the Blue Mountains that it is given elevated status for consideration during the development assessment process. The LEPs require that where an application is likely to remove or impact upon the scheduled vegetation an appropriate high level flora and fauna assessment is undertaken to ensure provisions of the draft Local Environmental Plan are met. However the individual Local Environmental Plans generally do not provide control over removal of significant vegetation outside the Development Consent process unless the land is zoned Environment Protection. As has been shown in 2000, there are many sites that contain sensitive vegetation communities that are not afforded that protection. A Vegetation Management Order is a means of providing that protection. Alternatively, there would need to be amendments to existing and draft Local Environmental Plans in order to provide vegetation removal as a land use requiring consent. If this later approach were taken, there would still be a need to provide exemptions through an alternative process such as the Exempt and Complying DCP. Where to from here? The original draft Vegetation Management Order raised significant concerns within the community as to its impacts on the ability to undertake normal gardening activities. During the public meetings, both the conservation and gardening groups suggested that the Vegetation Management Order should concentrate on native vegetation.

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The current draft of the Vegetation Management Order does exactly that. It has been tentatively renamed the Native Vegetation Management Order, provides a greater clarity within the exemptions as well as providing a broader range of exemptions. Further, the conservation and gardening groups both supported the concept of regulating the removal of native vegetation communities even if degraded. They supported the restoration of degraded areas but strongly indicated that both substantial and suburban exotic gardens should be allowed to remain and be altered as desired by the owner. It is considered that the current draft facilitates the retention and maintenance of these gardens but does require consent to be obtained if they are to be expanded into areas of native vegetation. Summary and conclusion The original draft Vegetation Management Order was heavily criticised by the community. The revised draft has considered those concerns and expanded and clarified the exemptions. Further, the current draft only applies to native vegetation and does not interfere with the operation of the existing Tree Preservation Order. It does not prohibit any activity but does provide a regime whereby consent is required for some activities. It is considered appropriate that the current draft be tested through a public consultation process and that this process should be inclusive of all the community and provide for public meetings.

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ITEM NO: 16 SUBJECT: POLICY - BED AND BREAKFAST APPLICATIONS FILE NO: C01277 Recommendation: That the requirement for Development Applications for bed and breakfast establishments falling within the Living Conservation zone under Draft Local Environmental Plan 1997 to be determined by full Council be removed in light of the certification and recent exhibition of Draft Local Environmental Plan 2002. Report by Group Manager, Environmental and Customer Services: Bed and Breakfast Establishments were proposed to be prohibited land uses in the Living Conservation Zone under Draft Local Environmental Plan 1997. At that time, Council resolved that development applications for Bed and Breakfast Establishments should be referred to a Council meeting for determination. It is understood that the requirement for the referral of the application to full Council was based on the need to ensure that a decision to approve a development application that was blatantly inconsistent with the exhibited policy was taken at the appropriate level. The review of Draft Local Environmental Plan 1997 involved extensive revision and investigation into localised issues. The studies that evolved from these investigations formed the basis for Draft LEP 2002 which is intended to replace the provisions of Draft Local Environmental Plan 1997. It is appropriate that Council use the most recent documentation when assessing current applications and it is therefore considered that more weight should be given to the provisions of Draft Local Environmental Plan 2002 that to those of Draft Local Environmental Plan 1997. It is noted that Bed and Breakfast Establishments are proposed to be a permissible land use in the Living-General, Living-Conservation and Living-Bushland Conservation Zones under Draft Local Environmental Plan 2002. Hence, any application for a B&B in those zones would not necessarily be inconsistent with the exhibited Council policy, as compared to the case under DLEP 1997. It is therefore considered a suitable time for Council to reconsider the need to these applications to be referred. It is recommended that this policy be withdrawn.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 28/1/03

ITEM NO: 17 SUBJECT: COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONS BY

COUNCILLORS FILE NO: C00944 Recommendation: That Council approve the following donations from the Councillors’ Minor Local Projects Vote:

Organisation Amount Mountains Community Resource Network $200 Rotary Club of the Lower Blue Mountains $100

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.

Minor Local Projects

Recommending Councillor

Organisation Purpose Amount

Cr J Egan Mountains Community Resource Network Inc.

Assistance with the publication of Aunty Joan Cooper’s biography

$100

Cr A Henson Rotary Club of the Lower Blue Mountains

Assistance with Australia Day celebrations $100

Cr C Van der Kley Mountains Community Resource Network Inc.

Assistance with the publication of Aunty Joan Cooper’s biography

$100

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Ordinary Meeting, 28/1/03

ITEM NO: 18 SUBJECT: MID MOUNTAINS COMMUNITY FACILITIES FILE NO: C05554 Recommendations: 1. That Council note the findings of the Final Report of the ‘Mid Mountains

Community Facilities Project’ and the associated ‘Addendum to Report’ prepared by Elton Consulting and ECOdesign Architects.

2. That Council reaffirm the consolidation of Lawson as the primary service centre

and location for community services in the Mid Mountains. 3. That Council officers pursue the preferred way forward and progress work and

funding opportunities associated with the preferred scenario and addendum options, in consultation with service providers, and the results be reported back to Council.

Report by Group Manager, City Sustainability: Introduction In October 1998, Council resolved:

“That long term accommodation for community groups in the Mid Mountains be further investigated once the outcomes of the Lawson Town Study are known with a view to a possible centralisation on the southern side of the town.”

(Minute No. 508, 13/10/98)

This report summarises the outcomes of the study of community services and facilities in Lawson undertaken by Council with the assistance of Elton Consulting and ECOdesign Architects. The investigation was carried out during the second half of 2002 with the close involvement of local community service providers. The Study Findings identify Lawson as a major community service centre for the Mid Mountains (Area 3) and also a prime location for some citywide services and facilities. The study proposes a number of options, including the refurbishment of existing buildings and the development of new facilities as the basis of a strategic approach for the future development of community facilities in the Mid Mountains. A briefing for Councillors was held on Tuesday 21 January 2003 and copies of the consultant’s final report were distributed at the meeting. A copy of the final report is also enclosed separately with this report.

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PROVISION OF RECREATIONAL & COMMUNITY SERVICES/FACILITIES Item 18 - Ordinary Meeting, 28/1/03

Context Lawson is currently the location for a range of community services and facilities and has been identified as the community services centre for Area 3 and the broader Mid Mountains area. Both Council’s 1995 citywide Community Plan and Area 3 Community Plan noted significant issues with the availability of general community use space in Lawson as well as a lack of appropriate accommodation for community service groups and organisations. Council has assisted with the provision of space for community organisations in the old Council Chambers and the Bungarribee Family & Children’s Centre is currently being established in Hazelbrook to accommodate children’s services and Mountains Outreach Community Services. Despite these initiatives, the following issues remain a concern both for the Mid Mountains community and the provision of community services citywide:

�� Continuing lack of space for expanding services – the Mid Mountains Community Centre is under consistent booking pressure and unable to meet demands to provide space for a broad range of community groups and activities.

�� Mid Mountains Neighbourhood Centre has outgrown the available space in the

Community Centre and is currently in receipt of a grant under the NSW State Government funded Western Sydney Area Assistance Scheme (WSAAS), with matching Council resources, to extend the Mid Mountains Community Centre.

�� Insecure/fragmented service provision – Blue Mountains Food Services and

Mountains Community Transport are both operating from inadequate, private rented houses on short term leases.

�� Growing population in the mid mountains (Area 3 had 5.3% growth 1996-2001

compared with 2.4% in Blue Mountains overall) and an ageing citywide community creating a growing demand particularly for services for older people.

�� Possible disruption to the provision of youth services as a result of the highway

road-widening through the Lawson Township and it’s impact on the Community Hall/Mechanics Institute.

The establishment of the Lawson redevelopment project in response to the highway widening presents an opportunity to review service locations and consider ways to secure more efficient and accessible service configurations for the community. This provides the context for the development of the Mid Mountains Community Facilities project.

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Mid Mountains Community Facilities Project The project focussed attention on Council’s three existing community facilities in Lawson: �� Mid Mountains Community Centre, which includes a hall and meeting room, a Home

Care office, Food Service Kitchen and an office used by the Mid Mountains Neighbourhood Centre. The Neighbourhood Centre runs regular activities in the small hall. The local School uses the main hall during school hours.

�� Mid Mountains Youth Centre/Lawson Community Hall, located in the former Lawson

Mechanics Institute. �� Old Council Chambers, which includes a Family Day Care Centre, Branch Library,

Mountains Community Resource Centre offices, and a former Council Works Depot. In addition to these Council owned facilities, the project Reference Group became aware of the potential opportunity afforded by the possibility that a privately owned property known as the Barrett House, strategically located in the centre of Lawson, could become available. Accordingly, this property was also considered as a potential location for appropriate community services and facilities. The project involved an investigation of the space and location needs of community service providers and the development and assessment of options for the future provision of community services and facilities. The primary outcome from the study was the development of a medium term (3-5 yr) strategy with preliminary building/facility plans and alternatives for the location and provision of both Mid Mountains and Citywide community services within the Lawson Township. The investigation proceeded through the following broad stages: �� Consultative approach - the establishment of a Reference Group of Council/community

stakeholders. �� Assessment of floorspace needs and requirements – surveys and interviews with

service providers. �� Facilities audit – building condition reports. �� Development/assessment of options – criteria established (location, cost, building

feasibility), concept plans tested at workshop with Reference Group. �� Preferred strategy identified. The primary service provider stakeholders involved in the Reference Group for the project were: �� Blue Mountains Food Services �� Mid Mountains Neighbourhood Centre �� Mountains Community Resource Network �� Mountains Community Transport �� Mountains Outreach Community Services �� Youth Futures �� Lawson Primary School

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�� BM Recreational Youth Development Service �� Library Services (BMCC) �� Family Day Care (BMCC) Council officers from Social and Cultural Planning, Property Services, Area Management and the Lawson Redevelopment Project were also members of the Reference Group. Project Outcomes – Consultant’s Report The Consultant’s report ‘Mid Mountains Community Facilities Project’ Final Report presents the detailed findings and outcomes from the project. The priority space needs and requirements of community service organisations are: �� BM Food Services & Mountains Community Transport are growing services and need

permanent accommodation to secure their future and meet anticipated increasing demands,

�� Mid Mountains Neighbourhood Centre needs more office and meeting space, �� Current branch library is too small and would be better located on the southern side of

the highway, and �� Youth Centre premises are in poor condition and it is likely that the front part of the

building (Lawson Community Hall/Mechanics Institute) will be demolished as a result of highway widening.

A total of seven service location and building renovation/extension options were initially proposed in meeting these needs, however, this was reduced to three when they were assessed against a set of location, cost, fundability and feasibility criteria agreed to by the Reference Group. The three options and their implications for building works are described in detail in the consultant’s final report (page 22). The report recognises that all three options broadly meet the identified criteria and that each option contains potential variants that could be explored if that option seemed feasible. It is possible to use combinations of scenarios based on the availability of land, funding and opportunities. These options provide strategic direction and scope for further detailed work. Preliminary sketch designs and works costings indicated that option 2 appeared the most cost effective although further detailed drawings and plans would need to be undertaken to confirm these estimates. This will also depend on funding availability including the possibility of HACC capital funding for any proposed option. Preferred Scenario The following are the key elements of the preferred scenario for the future development of community facilities in Lawson that has emerged from the project investigations: �� Potential acquisition of the Barrett House for community/commercial use. �� Relocate Home and Community Care Services to Lawson. �� Library to relocate to southern side in the Lawson Town Centre.

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�� Additional space for Neighbourhood Centre in existing Community Centre. �� Repair of Lawson Hall and continued use as Youth Centre with the addition of the BM

Developmental Youth Recreational Service. The consultant’s report presents alternative configurations of existing community services to achieve the preferred scenario in recognition that circumstances may change as a result of the Lawson Town Centre redevelopment or other matters. Addendum to Consultant’s Report – Alternative Option In response to detailed consultations also with the affected service providers and community groups, the consultants have provided an alternative option that satisfies the key elements of the preferred scenario and will meet the requirements of the primary stakeholders. The details of this option are contained in the document ‘Mid Mountains Community Facilities Project - Addendum to the Report’ which has been provided to Councillors with the Consultant’s final report. The key features of the alternative option are: Library relocated to south side of highway There was strong support for the relocation of the library in terms of accessibility and reinforcing Lawson as a service centre. This could be achieved by using an existing building although the preferred option is for a purpose built building. Old Council Chamber Library vacates its space in the building. Former library space rented to Mountain Community Transport, with its vehicles using the yard for overnight parking. Mid Mountains Community Centre Mid Mountains Neighbourhood Centre proceeds with an extension, as per WSAAS grant. A new administrative Centre for BM Food Services constructed adjacent to Community Centre. Lawson Hall Reconfiguration and renovation for the Youth Centre, after partial demolition for road widening.

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The Addendum indicates that implementation of this option could benefit from the purchase of Barrett House (but not essential), detailed survey and feasibility assessment and funding availability, specifically from the HACC capital facilities sub-program. It is important that, as the Lawson township redevelopment progresses and circumstances change, Council remain flexible in responding to funding opportunities and in pursuing options. Funding Opportunities There are some government funding programs that could provide funding assistance for capital works associated with the implementation of the Mid Mountains Community Facilities strategy. Home and Community Care Capital (HACC) Facilities Sub-Program - this program provides funds for the purchase, construction or modification of premises to accommodate HACC services. Council has previously received funds under this program to assist with the construction of the Mid Mountains Community Centre and there have been strong indications that a submission for additional funding would be favourably received. The program is currently under review and there is a complex and sophisticated planning process associated with the decision-making arrangements for the funds. Council would be required to provide one third of the total cost of any building/renovation works, however the land value component of any proposal can be used for this purpose. Library Programs Assistance – the State Library provides funding support for the construction and fitout of library facilities. There are strict guidelines and standards about the size of facilities that may affect the cost effectiveness of any contribution by the State Library. Additional assistance is available for specialised information and library facilities. Sale of Council Land – Council owns several parcels of land within the Lawson Town Centre precinct. Once the lot configuration and uses are finalised with the Lawson Town Centre redevelopment, there will be opportunities to rationalise land and the potential to sell land to finance community services facilities. Conclusion The Mid Mountains Community Facilities project has developed a range of location and building options for the future development and provision of both local and citywide community services and facilities based in Lawson. A preferred scenario which meets the short and long term needs of affected organisations and provides security for community based service providers has been identified in consultation with the primary stakeholders. The consultants findings generally establish those services best served on the south side of the highway to reinforce Lawson as an accessible community services centre. Council officers should, in consultation with service providers, establish the most feasible way forward and pursue funding opportunities, feasibility assessment, detailed costings and other work associated with the preferred scenario and addendum options and the results be reported back to Council.

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ITEM NO: 19 SUBJECT: IMPLEMENTATION OF BLUE MOUNTAINS CRIME

PREVENTION AND COMMUNITY SAFETY PLAN – MOUNTAINS YOUTH REACH PROJECT

FILE NO: Recommendations: 1. That Council proceed with a submission to the Attorney General’s Department

under the Safer Communities Development Fund for funding to implement the Mountain Youth Reach Project.

2. That Council, subject to funding availability, enter into a partnership arrangement

with Wentworth Area Health Services for the management and operation of the proposed Mountain Youth Reach project.

Report by Group Manager, City Solutions: Introduction At the Council meeting on 19 February 2002 it was resolved (Minute No 57):

“1. That Council adopt the revised Blue Mountains Crime Prevention and Community Safety Plan with proposed changes.

2. That Council apply to the NSW Attorney General for endorsement of the

adopted Crime Prevention and Community Safety Plan as a ‘Safer Community Compact.’

3. That a further report be prepared to allow Council to give detailed

consideration to submission for funding support from the ‘Safer Communities Development Fund’ at the Attorney General’s Department.”

On the 11 July 2002 Council submitted the Blue Mountains Crime Prevention and Community Safety Plan to the Attorney General for endorsement as a ‘Safer Community Compact’ under the Children (Protection and Parental Responsibility) Act 1997. Consultation with officers of the Attorney General’s Department has indicated that a decision on this matter is pending. The purpose of this report is to provide Council with an overview of a proposed funding submission to the Attorney General’s Department as requested in the Council resolution (Item 3 above).

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Background The Blue Mountains Crime Prevention and Community Safety Plan identifies a range of actions and strategies to enhance community safety and reduce the incidence of antisocial and criminal activity in the Mountains. The plan contains an initiative, developed by the Blue Mountains Community Safety Council (BMCSC), referred to as the ‘Rights of Passage’ project that will implement some of these actions and strategies. At the time of Council adoption of the plan there remained a number of issues in relation to the ‘Rights of Passage’ program that needed to be resolved before proceeding with a funding submission:

- Funding requirements of the Attorney General’s Department; - Administrative arrangements for the project; - Nature of BMCSC and community partnership support; and - Impact on Council resources.

The details of the project have now been finalised and Council is currently in a position to make a funding submission to the Attorney General’s Department through the Safer Communities Development Fund. The Department has recently indicated that submissions will be received early in February for consideration by a decision-making committee prior to the State election. ‘Rights of Passage’ Program The ‘Rights of Passage’ project will involve a number of different projects and initiatives tailored to different target groups (children, young people and older people). The program will run for three years with the first two years focussing on a major youth initiative - the Mountain Youth Reach project. This initiative has been developed in response to the high priority given to issues and concerns about young people, drugs, graffiti/vandalism and other related matters identified in the Crime Prevention and Community Safety Plan. The Mountains Youth Reach Project has been developed in close consultation with the Police and members of the Blue Mountains Community Safety Council and in partnership with the Wentworth Area Health Service who has agreed to manage and implement the project. Mountains Youth Reach Project The Mountains Youth Reach initiative has been drawn from a similar successful project model operating for around three years in the Hawkesbury area. The aim of the project is to work with young people who are either ‘at risk’ or causing concern by their antisocial behaviour and involvement in petty crime. The project will focus on the Glenbrook/Blaxland, Katoomba and possibly Springwood townships initially, as these areas have been identified as a high priority for youth related incidences by the Police and as containing high levels of ‘at risk’ young people by Youth Workers.

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Project Management - Wentworth Area Health Service (WAHS) Whilst Council will be the sponsoring agency for this project, negotiations with WAHS have secured an ‘in principle’ agreement for the WAHS to manage the project. The WAHS will provide ‘infrastructure and management including the recruitment and supervision of outreach workers, the use of mobile phones, a motor vehicle and the provision of office space and administrative services’. This arrangement is subject to Council securing funding agreements from the Attorney General’s Department. Funding Submission WAHS has prepared an annual budget of around $60,000.00 for staffing costs based on health service employment conditions and rates of pay. This amount will be covered by the funding from the Attorney General’s Department with provision of additional funding from the Department of Juvenile Justice. All other financial costs for administrative services, cars, mobile phones and office accommodation/fit out will be the responsibility of WAHS. The only impact on Council resources would be in the monitoring and evaluation of the project and its’ outcomes. It is proposed to run the project as two-year trial and the WAHS has given preliminary notice that consideration would be given to longer term funding for the project if it proves successful. Conclusion It is recommended that Council proceed with a submission to the Attorney General’s Department under the Safer Communities Development Fund for funding to implement the Mountain Youth Reach Project. Subject to funding availability, it is also recommended that Council enter into a partnership arrangement with Wentworth Area Health Service for the management and operation of the proposed Mountain Youth Reach Project.

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ITEM NO: 20 SUBJECT: MID-MOUNTAINS COMMUNITY CENTRE EXTENSION FILE NO: H01241 Recommendations: 1. That Council adopt the plan to extend the Mid-Mountains Community Centre to the

North as outlined in Option 2 of this report. 2. That Council allocate a further $121,910 within the 2004-2005 Capital Works

Program, in addition to the budget of $81,250 already allocated by Council in 2003-2004 to complete Option 2 building works.

3. That Council allocate an additional $19,850 within the 2004-2005 Capital Works

Program to improve the overflow car park for use by people attending the Mid Mountain Community Centre and to ensure compliance with the original consent.

Report by Group Manager, City Solutions: Background

At its meeting of 6 November 2001 Council resolved:

“1. That Council submit a Western Sydney Area Assistance Scheme (WSAAS) application to extend the capacity of the Mid Mountains Community Centre for activities and programs of the Mid Mountains Neighbourhood Centre.

2. That Council match the grant application funding and allocate $81,250

from the2002/2003 Capital Works Program contingent on receiving WSAAS funding.

3. That if successful that the project is managed to ensure that the completed

project does not exceed the total budget allocation of $161,250.”

At this meeting Council resolved to extend the Mid Mountains Community Centre (MMCC) for use by the Mid-Mountains Neighbourhood Centre (MMNC) contingent on receiving a Western Sydney Area Assistance Scheme grant. In June 2002, the Minister for Planning announced that Council was successful in receiving a grant of $60,000 to contribute to the Mid Mountains Community Centre project. Council resolved to allocate $81,250 to this project; together with a contribution of $20,000 from the Mid Mountains Neighbourhood Centre and the WSAAS grant of $60,000 provides a total budget of $161,250.

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Overview of Options for Extending the Mid Mountains Community Centre This original proposal (Option 1) presented to Council in November 2001, was to extend the MMCC to the south, towards the Lawson Public School to provide office space and a conference room for the MMNC. The aim of this proposal was twofold; to provide an option that would be least likely to impact on possible future expansion of the MMCC; and, since no detail was available at the time of the submission, would be least likely to conflict with the redevelopment of Lawson Town Centre. Since the 6/11/01 meeting of Council, there have been developments that give opportunities to amend the original proposal to substantially enhance the community benefits of the extension of the Community Centre, and integrate effectively with the new Lawson township. This report presents the background, which gives rise to the new option, provides details of the new option (Option 2), and articulates the community benefits of this alternative proposal. Mid-Mountains Community Facilities Strategy As part of the implementation of the Area 3 Community Plan, Council engaged architects during 2001-2002 to develop strategies relating to the provision of community facilities in the Mid-Mountains for both local and City-wide services. The final report has been completed and will be reported to Council at the January 28 meeting. The strategy focuses on Lawson, which is identified as a community services centre for the Mid-Mountains and as a central location for City-wide community services. A key outcome of this strategy was provision of more adequate space for the Mid Mountains Neighbourhood Centre. It is important the proposal to extend the MMCC is consistent with the Mid-Mountains Community Facilities Study recommendations and future options to further build on the capacity in possible future expansion opportunities. This strategy recommends that the Community Centre be expanded to the north (towards the town centre) instead of towards the south (towards the Lawson Public School) as intended in the proposal put to Council on 6 November 2001, because the relocated hall space will be oriented onto the car parking and pedestrian routes within the town centre, the building is more aesthetically pleasing and functional. Current Usage Mid Mountains Community Centre The MMCC is one of the highest utilised community facilities in the Blue Mountains with around 35 regular community group bookings between Monday and Friday per week (not including the school who are the main users of the main hall). Of the three venues at the centre, only one is currently vacant on one weekday evening for use. The Centre is a well-used venue for community programs, festivals and events in the Mid Mountains. In addition because of its central Mountains location the Centre plays a significant role as a City Wide community facility. Approximately two thirds of user groups have a wider target group than the Mid Mountains.

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Currently groups are turned away because of the heavy use of the Centre, with popular times booked semi-permanently or for months in advance. Overview of the Mid Mountains Neighbourhood Centre The Area 3 Community Plan, a survey of HACC services conducted by DOCS and the most recent strategy being separately considered by Council show that the Mid Mountains Neighbourhood Centre (MMNC) has inadequate office and meeting space. Improving the MMNC facilities has been a long identified high priority of Council. The Mid Mountains Community Facilities Strategy reinforces the need to retain the Neighbourhood Centre within the Community Centre, whilst acknowledging its present inadequate accommodation. The Neighbourhood Centre currently offers a wide range of community development services and activities to the local and wider community. MMNC plays a pivotal role in implementing community development strategies in the Mid Mountains. The Neighbourhood Centre is managed by a 12 member community based Management Committee. In addition to the day today running of the Neighbourhood Centre office and activities the MMNC auspices local and city wide community projects including;

�� The Lawson Volunteer Carers Service �� The Blue Mountains Palliative Support Service �� The Blue Mountains Foodshare Project �� The Mid Mountains No Interest Loan Scheme

The Neighbourhood Centre currently employs two full time and three part time staff:

�� Community Development Worker/ Centre Coordinator (full time) �� Neighbourhood Centre Financial Administrator (part time) �� Volunteer Carers Coordinator (part time) �� Palliative Support Service Coordinator (full time) �� Palliative Support service Administrator (part time)

Currently the Neighbourhood Centre is located in one 25m2 office in the Mid Mountains Community Centre. This office is staffed by 3 full time positions and usually one volunteer, and is also used as the tea room, storage of files and contains the photocopier. The Building Code of Australia (1996) specifies 10 m2 per person for an office, excluding that space used for lobbies and other access passageways. This extension improves the compliance with the code and design option 2 below offers the most space and improved storage, separating the photocopier and tea and coffee facilities.

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The Joy Anderson meeting room in the Community Centre is currently approaching maximum utilisation. This meeting room provides space for Neighbourhood Centre activities including those listed below.

�� Support and coordination of a large group of over 75 volunteers, involved with community projects in the local area.

�� The establishment and promotion of needed services and facilities for children including playgroups.

�� Social Welfare Services including referral information, resident advocacy and support.

�� Information and support for families such as parenting classes and support networks.

�� Health awareness activities including gentle exercise for older people, aerobics classes, nutrition information and the Foodshare Project.

�� Education courses including Anger Management workshops and parenting courses including Living with Kids and Living with Adolescents.

�� Cultural events such as the Aboriginal and non-indigenous Elders Lunch. The Neighbourhood Centre also currently uses the back stage area of the main hall for private interview space for Australian Taxation Office accredited advice, No Interest Loan Scheme interviews and to hold small meetings and other confidential meetings. This is an inappropriate venue for such meetings, however is the only space available at the Community Centre. Overview of the Two Options Refer to Attachment 1 for schematic overview. Option 1 Extend MMCC to the South The option presented to Council in November 2001 is to extend the Community Centre to the south, towards the Lawson Public School. The extension planned is 68m2 and includes an office and meeting room with a tea making area and small store. The original cost estimate has been revised to ensure that it is accurate and up to date. Refer to attached floor plan (Attachment 2). Revised Cost Estimate Option 1 To extend to the south $ Building Works 124,078 Fees and Project Management and Landscaping 11,048 Professional Costs 11,900 Contingency 14,703 Sub Total 161,729 Car Park Works 19,850 Total 181,579 Budget 161,250 Shortfall 20,329

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The above table includes a budget component for car parking. Preliminary discussions have been held with Environmental and Customer Services who indicate there are some outstanding car parking issues relating to the meeting the requirements of the original conditions of consent for the MMCC. These conditions were to be met during the Lawson redevelopment project. Treatment of the existing overflow parking area may either be required as a condition of consent or be required at a later date (eg one year later) after the use and condition of the area has been assessed. Parking generated by the extension may be able to be addressed upon the approval of the Lawson Shopping Centre redevelopment This would address the car parking needs of the Community Centre as a whole and is not required for Neighbourhood Centre purposes only. This car parking has been costed at $19,850, including contingency. This existing overflow car parking area is likely to be affected by road works as part of the redevelopment of Lawson Town Centre. The master planning work for this level of detail is not yet completed. Option 2 Extend the MMCC to the North Option 2 arose from the Elton Consulting, Mid Mountains Community Facility Strategy, wherein ECOdesign Architects provided alternative design concepts for consideration. The design of this new proposal is consistent with the plans to redevelop the Lawson town centre. It is also the preferred Option of the Mid Mountains Neighbourhood Centre, the Mid Mountains Community Centre Section 377 Management Committee and the Mid Mountains Community Facility Strategy. The proposal is detailed in Attachments 3 and 4 (Elevations Attachment 3 and floor plans Attachment 4). The proposal is to refurbish the existing Joy Anderson meeting hall to become the Mid Mountains Neighbourhood Centre office. This would include a Neighbourhood Centre reception area and conference / meeting room with a storage area, plus continued use of the existing office. The conference room has been designed so that it would be available for general community use. This would provide additional meeting space for broad community use at the Community Centre. The refurbishment of the Joy Anderson meeting room would enable the existing Neighbourhood Centre office to be converted into an office for Neighbourhood Centre-auspiced projects, the Blue Mountains Palliative Support Service and the Volunteer Carer’s Service. The Palliative Support Service, a Mountain wide service, is currently located in commercial leased premises in Wentworth Falls. It is also planned that this space would provide a small interview room / meeting space. This would be an important addition to the facilities available to the community at the MMCC and address existing concerns of the centre.

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To replace the Joy Anderson meeting room it is planned to build a new meeting room / small hall of similar dimensions and facilities as the existing hall. An accessible toilet is also provided off this new hall. These improved design features would allow the new meeting hall to be utilised independently from the rest of the Community Centre (for example in the evening without compromising the security of the rest of the facility). The children’s play area would be relocated to the north of the new meeting hall. To add to the effectiveness of the new meeting hall, double doors would open to the north onto the children’s play area, protected by a sunny but sheltered verandah The advantages of this design would include better supervision of playgroups and children activities. It would also provide better design in separating the children’s play area from other activities happening at the Centre. This would also address existing concerns of users of the Community Centre. Advantages of Option 2 over the original proposal There are several key advantages of the Option 2 extension of the MMCC to the north as opposed to the Option 1 extension to the south. Additional floor space and the configuration of that space increases the capacity of the centre and provides better quality of spaces matched to user requirements. In particular:

�� The small interview room is a new facility which addresses unmet demands and will enable more efficient use of the larger spaces such as the community hall, as well as improving the privacy necessary for some interviews;

�� The community hall will have much needed storage, a separate toilet facility and entrances, thereby allowing for the community hall and the new meeting room to operate more autonomously from the balance of the centre;

�� The extension of the verandah around the new community hall to the north, gives better shelter and access and improves the relationship with the children’s play area, which addresses some previous complaints;

�� the Neighbourhood Centre offices and activities are appropriately clustered together around the entrance to the centre and have an improved relationship with other user groups and visitors; and

�� the office space more satisfactorily addresses the needs of the Neighbourhood Centre and volunteers and enables the housing of the Palliative Care service, which is currently located at Wentworth Falls in rental premises.

Option 2 is also a more attractive design in keeping with the existing structure and encourages more interaction with the Lawson Town Centre. (refer attachment 1); Car Parking Option 2 will affect four existing car parking spaces. The plan is to replace these car parking spaces at the western end of the existing car park. It is estimated that the cost of replacing these car parks, including the provision of a retaining wall and two coat seal as per the existing car park surface is $11,550.

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Currently overflow car parking for the MMCC is informal on the Council owned vacant block to the north of the existing formal car park. It is recommended that the provision of a dish crossing and compacted road base on this vacant block be undertaken to improve car parking available for the Community Centre functions. As discussed in Option 1, preliminary discussions indicate that this could be a condition of consent required by Environmental and Customer Service. This will improve the car parking for the Community Centre. This area will be affected by road works as part of the redevelopment of Lawson. The estimated cost of this work is $19,850. The surfacing and stabilising of the overflow car park is common to Options 1 and 2. It should be emphasised that the upgrade of the vacant block to improve the car parking for the Community Centre as a whole and is not a requirement for the upgrade of the Centre for use by the Mid Mountains Neighbourhood Centre. However this would provide an improvement of car parking for the Community Centre as a whole. Proposal Cost Estimate of Option 2 Cost estimates based on the plans and drawings by ECOdesign Architects have been prepared by Gerald Wolff, quantity surveyor. $Costs/ Commitments to Date

Preliminary Design and Cost Estimates

9,600

Estimated Costs

Building Works Cost Estimate (including contingencies)

242,083

Commissioning Branch Estimates

Replace Four (4) Car Parking Spaces

10,500

Fees

�� Approval fees �� Project Management �� Landscaping �� Increase in building costs over the

next six months

20,975

$Costs Estimate of Proposal

283,158

Allocated Project Budget

161,250

Additional Budget Required: ��Building Works ��Surface Over Flow Car Park

121,90819,850

Total Additional Budget Required 141,713

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Conclusion The option to extend the Mid Mountains Community Centre to the north towards the Lawson Town Centre, Option 2, as detailed in this report, provides Council with the opportunity to maximise the community benefits of this project. Option 2 has the endorsement of the Mid Mountains Community Centre Section 377 Management Committee. The proposal has been developed in partnership with the Mid Mountains Neighbourhood Centre and is the preferred option of the MMNC Management Committee. In particular Option 2:

�� Greatly enhances the City-wider function of the community facilities in the Mid Mountains

�� Encourages some additional interaction between the redeveloped Lawson Town Centre and the Community Centre.

�� Option 2 provides additional Neighbourhood Centre Office Accommodation, Neighbourhood Centre Reception Area, an additional interview room, (and hence better utilisation of the larger meeting spaces), an additional accessible toilet, a store and additional storage in the new hall.

Sealing the overflow car park will cost an additional $19,850 and should occur with either option.

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Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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ITEM NO: 21 SUBJECT: BLACKHEATH POOL – PROGRESS REPORT FILE NO: H00342 Recommendation: That Council receives the Blackheath Pool progress report and notes the progress made to date. Report by Group Manager, City Solutions: This report provides Council with an update of progress regarding the Blackheath Pool since it was decided to not open the Olympic Pool for use this current swimming season (2002/03). Background In mid November 2002 it was determined that repairs would only be undertaken to the free form and wading pools and not the Olympic pool of the Blackheath swimming complex. This decision was made on the based upon the need to balance a number of factors, being:

�� Council needed to provide a facility for the community’s use whilst having regard for the pool complex’s relatively poor state;

�� The need to conserve water given the severe drought conditions and the potential bush fire risk within the region, and

�� The number of days of water supply available to the local communities from their normal water supply sources, which at the time was subject to voluntary restrictions, with the escalation to mandatory restrictions increasingly likely.

During the 2001/02 swimming season, the average water consumption, (including water losses) as measured through a water meter installed by Sydney Water (SW) in December 2001, was approximately 150 Kl/day of operation. The average water consumption of the Blackheath, Mt. Victoria and Medlow Bath communities, as advised by SW was 2.3Ml/day. This figure did not take into account any allowance for drought effects nor emergency use such as fire fighting etc. Basically, for every 15 days of operation of the full complex during 2001/02 it consumed on average the equivalent to one days water supply for the Blackheath, Mt. Victoria and Medlow Bath community, or on average, every 20 days of operation the pool consumed the equivalent of a complete refill of the pool facility (3Ml).

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Council, once having determined not to open the Olympic pool for the 2002/03 swimming season advised the local Blackheath, Mt. Victoria and Medlow Bath community of its decision, and the reasons for such decision, by means of a mail out to each resident of the affected community and by a press release in the local newspapers. There was some degree of community disquiet arising from Council’s decision, due largely to the strong community affinity with the facility, the relative late notice of the decision and the genuine surprise that the facility was in such poor state given the funds spent on the facility during 1997/98 (State Government grant of $400,000 and Council contribution of $124,000). Events / Progress The local community called a meeting on 20 November 2002 to discuss Council’s decision. The meeting was run as a meeting of the Blackheath Memorial Park and Garden / Pool Advisory Committee (BMP&G/PAC). At this meeting the following resolutions were passed:

�� BMCC be requested to consult and negotiate with the Blackheath district community, through the Pool Advisory Committee, to resolve issues regarding the current closure and long-term future of the Blackheath Memorial Pool,

�� BMCC be requested to seek expressions of interest to lease the kiosk for 2002/03 season,

�� BMCC investigate the cost of carting water to fill the Pool complex, �� BMCC patch and fill the Olympic pool for the current season 2002/03, �� BMCC to confirm the pool will open from 11:00am to 8:00pm each day until

the end of March 2003, �� BMCC to run a free bus to Katoomba pool for Blackheath district residents,

plus free entry to the Katoomba pool for all children, �� BMCC to prepare a plan of works to repair pool complex in off-season ready to

open on the Rhododendron Festival weekend 2003, and �� BMCC call a public meeting in February 2003 to discuss Council’s progress on

these and future matters. Members of the Blackheath, Mt. Victoria and Medlow Bath community attended the Council meeting of 3 December 2002, at which it provided a petition to the Mayor and then four (4) persons representing the community / BMP&G/PAC addressed the Council. Council resolved at its 3 December 2002 meeting to:

“1. That the following times apply to the operation of the Blackheath Pool for

the 2002/03 season:

a. The pool will remain open until the end of March 2003, unless varied by a resolution of Council,

b. The daily opening hours will be between 11:00am and 8:00pm, other than Christmas Day, when the pool will be closed

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2. That the opening times of the facility for future seasons be considered as

part of the more comprehensive report being undertaken into the long term options for the pools.

3. That Council develop a Plan of Management for the Blackheath Memorial

Park and Pool, in conjunction with the Blackheath community, in particular the Blackheath Memorial Park & Garden Advisory Committee and bring the Plan back to the Council for consideration and approval.”

Council also passed a further resolution (arising from a notice of motion), which was:

“That Council is strongly committed to ensuring that Blackheath continues to have a swimming pool complex and the Blackheath community be kept fully involved at all times of this process.”

The BMP&G/PAC has met again on has met on two (2) occasions, the last being 8 January 2003, where an initial draft brief for works to the swimming pool complex was tabled by Council officers for information and comment. The final brief will comprise the following elements of work:

�� investigate and analyse the existing conditions (site/ground conditions, pool shells and ground water quality) �� develop a number of alternate recommendations / options, with associated

costs / benefits and timelines to allow consideration, selection and approval, �� design and document the most appropriate and Council approved option, and �� provide / detail a maintenance regime associated with the option to ensure that the facility is maintained appropriately to deliver the length of service of the option selected

The initial draft brief suggested that the work follow the following sequence of work:

�� Development of Brief �� Expression of Interest / Pre-qualification �� Finalisation of Brief �� Evaluation / Selection / Engagement �� Investigation & Analysis �� Review �� Design & Documentation �� Quote / Tender �� Evaluation / Selection / Engagement �� Construction

It is envisaged that all work up to and including the site investigation and analysis can be accomplished by mid to end of April 2003. At this time Council will have a definite understanding of the extent of works, cost and time to repair the swimming pools. An estimate of the cost for investigation, analysis, design and documentation and construction work has been made and included as part of the 2003/04 capital works budget.

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The Group Manager City Solutions has attended each BMP&G/PAC meeting since its 20 November 2002 meeting and will continue to do so until the project has been successfully completed. The next meeting of the BMP&G/PAC is scheduled for 22 January 2003 at which time comments etc on the initial brief will be formally tabled with the intent of finalising the brief by the end of January 2003. Comments By the end of April 2003 Council will be aware of the scale of problems affecting the Blackheath swimming complex and the way forward to addressing such problems to deliver on its commitment to the long-term future of the facility. So far this season, with the Olympic pool not operational, the average daily water consumption / loss to date for the facility, as recorded by the SW water meter, is 12Kl, which is significantly less than last season’s average daily water consumption / loss of 150Kl, which suggests that the major cause of water consumption / loss is associated with the Olympic pool.

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TRANSPORTATION & ROADS Ordinary Meeting, 28/1/03

ITEM NO: 22 SUBJECT: DEDICATION OF LAND IN DEPOSITED PLAN 5145 AS PUBLIC

ROAD - WARNE STREET, KATOOMBA FILE NO: C03363 Recommendations: 1. That pursuant to the provisions of section 16 of the Roads Act 1993 Council give 28

days notice of its intention to dedicate for road purposes land identified as a road in Deposited Plan 5145 and known as Warne St, Katoomba.

2. That following the period of notification for 28 days, if no objections are received,

Council publish a notice in the Government Gazette of NSW dedicating the land as a public road.

Report by Acting Group Manager, Corporate Policy: The purpose of this report is to seek Council’s approval to formalise the legal status of Warne Street as public road. Background During negotiations to finalise extinguishment of a right of drainage across property at 58 Merriwa St Katoomba it was discovered that the road known as Warne Street, Katoomba has never been formally dedicated to the public. The owner of the title of the “road”, as shown in Land and Property Information (LPI) records, is now effectively untraceable. Attached is a map of the area and of the “road” in question. Although this road has become a public road by virtue of its use by the general public for many years the LPI requires Council to formalise the dedication of the land as per Section 16 of the Roads Act 1993. These provisions require Council to notify the owner of its intention to dedicate the land as public road and provide a period of 28 days for that owner to apply to the Land and Environment Court for a declaration that the land should not be so dedicated if appropriate. Following the period of notification for 28 days, if no objections are received, Council publishes a notice in the Government Gazette of NSW dedicating the land as a public road In order to formalise the legal status of Warne Street, Katoomba as public road, it is proposed, in accordance with Section 17 of the Roads Act 1993, that notices notifying Council’s intention to dedicate the land as a public road be erected at various points along Warne Street and that a notice be published in the public notices section of the Blue Mountains Gazette. The owner/s, or their successors, may then be alerted to Council’s intentions.

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TRANSPORTATION & ROADS Item 22 - Ordinary Meeting, 28/1/03

Attachment

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NOTICE OF MOTION Ordinary Meeting, 28/1/03

ITEM NO: 23 SUBJECT: REZONING – 30 GREAT WESTERN HIGHWAY, BLAXLAND FILE NO: A63111 By Councillor M Greenhill:

“That a report come forward in relation to the potential for a spot rezoning over 30 Great Western Highway Blaxland such that it can remain in use as a business. It must be noted that the building was constructed as a shop and is in a precinct with other shops ”.

Note by Councillor Greenhill: The existing use rights as a shop ceased when the previous owner died and the current owners wish to re-initiate those rights. Apparently the current zoning is not commensurate with the premises remaining a business, even though it is in fact and by construction a shop and is contained within a group of other shops. Indeed the premises have only ever been used as a shop in the past.

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ITEM NO: 24 SUBJECT: FUNDING FOR FEASIBILITY STUDY ON A CYCLE WAY FROM

KATOOMBA TO MOUNT VICTORIA AND FROM KATOOMBA TO LAPSTONE

FILE NO: R00/0020 By Councillors T Hamilton and C Van Der Kley:

“That Council writes to the relevant State and Federal Authorities seeking funding for a study on the feasibility of a cycle way along the railway corridor between Katoomba and Mount Victoria and also from Katoomba to Lapstone, and a copy of the letter be sent to the Member for the Blue Mountains, the Hon Bob Debus requesting his assistance in this matter.”

Comments by Councillor Hamilton: On 24/4/01 Council adopted my motion, as follows:

“l. That Council receives the petition, signed by 914 people supporting the construction and development of a cycle rail trail in the Upper Blue Mountains.

m. That Council receives a report on the feasibility of a cycle path along the railway line between Mt. Victoria and Katoomba, with possible future extensions to Lawson.”

Unfortunately, the report has not come to Council, although I have made many inquiries as to its status. In the BM Gazette of 15/1/03, there is a letter from Martin Krause, whose group organised the petition. He is requesting funding for a feasibility study on the construction of cycling facilities along the railway corridor between Katoomba and Mount Victoria. I have also included the area from Katoomba to Lapstone, as a project such as this will benefit the whole of the Mountains.

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ITEM NO: 25 SUBJECT: A PUBLIC MEETING FOR LAWSON RE PROPOSED UPGRADE

OF HIGHWAY THROUGH LAWSON FILE NO: By Councillor C Gaul:

“That Council urgently convene a public meeting between residents, RTA, Bob Debus, Council officers and councillors”.

Comment by Councillor Gaul: A motion was put from the floor of the public meeting held on 18/1/03 at the Mid-Mountains centre and almost unanimously agreed to (4 abstentions). The meeting was attended by approximately 50 residents. A background statement from the floor was as follows:

“The RTA's proposals have an emotional and financial impact on everybody in the mountains and on the cultural and natural environment. A more sympathetic approach would heighten the tourist potential not only for Lawson but for the whole Blue Mountains.”

The motion was:

“1. The current RTA proposal for the GWH Section 1 should be stopped. 2. The meeting is dissatisfied with the RTA proposal and with the processes

by which decisions have been and are being made. 3. The meeting is concerned about the preservation of historic Lawson village. 4. The RTA should look at other options, including diversions (bypasses). 5. The meeting demands a public meeting with the RTA, BMCC, Bob Debus

and local councillors”.

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ITEM NO: 26 SUBJECT: NO WAR FILE NO: By Councillor C Gaul:

“That Council write to the Federal Member for Macquarie, Mr Kerry Bartlett, requesting that he convey to the Prime Minister, Mr John Howard this Council's vehement opposition to Australia playing any role in the United States' war on Iraq, and its support for Peace”.

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ITEM NO: 27

SUBJECT: OPPOSITION TO NUCLEAR WASTE BEING TRANSPORTED

THROUGH THE BLUE MOUNTAINS

FILE NO: By Councillor C Gaul:

“That Council write to the Federal Member, Mr Kerry Bartlett requesting that he convey to the Prime Minister and Dr Kemp, Environment Minister, its strong opposition to nuclear waste being transported through the Blue Mountains, and that Council reaffirm its commitment to this local government area being a Nuclear Free Zone and that the NFZ signs be re-installed at all entrances to this area.”

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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 28/1/03

ITEM NO: 28 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 28/1/2003 FILE NO: C00680 Recommendation: That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary. 1. 18/11/2002 - Resident of Blaxland Thanking Council staff for action taken in regard to building works in close

proximity to his residence, including the removal of nuisance mirrors and the completion of stormwater drainage.

2. 22/11/2002 - Gary Morris, Relationship Executive, Local Government

Authority Group - NSW Advising Council that the Commonwealth Bank has recently announced that it will

keep its branch numbers at current levels, with no further branch closures, effective immediately. In addition, that there will be no withdrawal of existing banking services in the Blue Mountains community.

3. 28/11/2002 - Resident of Wentworth Falls Thanking a Council staff member for stopping to pick up the rubbish that had been

removed from their bin by a dog, in addition to emptying the bin. 4. 29/11/2002 - Detective Inspector David Laidlaw, State Crime Command, Drug

Squad, Strawberry Hills Extending thanks to Council staff for assistance given to the NSW Drug Squad on

20 November 2002, in the supply of trucks and drivers for use in removing cannabis plants from various properties in the Upper Mountains.

5. 29/11/2002 - Mike Wiegmann, State President, Building Designers Association

of NSW Inc Extending appreciation for a Council staff member’s participation in the panel for

the Planning for Bushfire Protection Forum conducted on 18 November 2002, and noting that the Forum was a great success and that the industry feedback was positive and constructive.

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PRECIS OF SELECTED CORRESPONDENCE Item 28 - Ordinary Meeting, 28/1/03

6. 3/12/2002 - 38 Petitioners, Hazelbrook Objecting to the proposed subdivision of 33-35 Orama Road, Hazelbrook. 7. 3/12/2002 - 5 Petitioners - Residents of Orama and Forbes Road, Hazelbrook Again, requesting Council to not approve the proposed subdivision of 33-35 Orama

Road, Hazelbrook. 8. 5/12/2002 - Jane Hampton Thanking a Council staff member for their assistance in organising the delivery of

cremated ashes. 9. 9/12/2002 - 6 Petitioners, Katoomba Complaining about the noise emanating from the Katoomba Aquatic Centre during

fitness classes. 10. 10/12/2002 - 10 Petitioners, Mount Victoria Requesting the removal of pine trees growing too close to Ailsa Street, Mount

Victoria, causing hazards when the street is busy and congested. 11. 11/12/2002 - Lyn Trindall, Co-ordinator/Community Development

Worker/Co-Convenor ‘Working Together Better’ Network in Area 4 Thanking Council for the positive changes that have occurred recently due to

Council’s restructure, and more open communication/consultation with community organisations, such as the ‘Working Together Better’ Network in Area 4. In particular, highlighting a Council staff member’s recent address to members regarding the restructure and informing them about Council officers’ new roles and responsibilities.

12. 13/12/2002 - 26 Petitioners, Blaxland Lodging an objection to the proposed subdivision at 67 Wilson Way, Blaxland. 13. 13/12/2002 - Vanessa Richardson, Acting Area Manager, Upper Mountains,

NSW National Parks and Wildlife Service Thanking Council staff for their assistance and co-operation with planning and

logistics in making the Gully Celebrations, held at Catalina Park on 17 November, such a success.

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14. 13/12/2002 - John Watkins MP, Minister for Education and Training Forwarded by the Hon R Debus, MP, Member for Blue Mountains, concerning the

demolition of the former TAFE building at Katoomba. Advising that the Department of Public Works and Services advertised for tenders

for the demolition in early November, and that the work should be completed by 24 February 2003. Adding his assurance that the TAFE NSW - Western Sydney Institute will be progressing this matter as a matter of urgency, but that it has been constrained by tender and insurance claim procedures.

15. 16/12/2002 - Bryce Gaudry MP, Parliamentary Secretary to the Minister for

Police Thanking Council for its letter concerning safety improvements to marked foot

crossings on the Great Western Highway fronting Blackheath Railway Station and Blackheath Public School. Advising that it is considered that the matter would be more appropriately dealt with at a local level between the Council, NSW Police and the Roads and Traffic Authority, and that accordingly the letter has been forwarded on to the Commissioner of Police, Mr Ken Moroney, for necessary attention.

16. 19/12/2002 - 512 Petitioners from Lower Mountains Seeking Council’s assistance in providing security (preferably surveillance

cameras) in the car park in Springwood Avenue, Springwood, due to recent car thefts from this car park.

17. 19/12/2002 - The Hon R Debus MP, Member for Blue Mountains Regarding Council’s letter concerning the use of aircraft for bush fire fighting, and

advising that the Commissioner of the NSW Rural Fire Service has informed him that there are 31 fixed-wing aircraft strategically located across the State to provide swift and effective support for ground crews during fire fighting operations. Noting that fixed-wing aircraft require access to an established airfield both for refuelling and loading fire retardant and that recent fire fighting operations have proven that a mix of fixed and rotary-winged aircraft provides the most efficient and effective use of resources, given that each type is better suited to a particular type of terrain and fire conditions.

18. 3/1/2003 - 15 Signatories, Lindeman Road Bushcare Group Commending Council on the direction and intent of DLEP 2002, and supporting

the way principles of ecologically sustainable development have been interpreted, and the environmental constraints that have been applied through the planning process in order to conserve and protect the unique environmental heritage of the Blue Mountains.

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19. 13/1/2003 - 4 Petitioners, Springwood Objecting to proposed alterations and additions to a dwelling in Burns Road,

Springwood. 20. 13/1/2003 - Tony Stewart MP, Parliamentary Secretary for Roads Referring to Council’s letter to the Hon Carl Scully MP, Minister for Roads, as well

as Council’s letter to the RTA, regarding pedestrian safety at the marked foot crossings on the Great Western Highway at Blackheath Railway Station and Blackheath Public School. Advising that the RTA acknowledges the concerns of Council and residents, and accordingly proposes to review this matter, undertaking new investigations into pedestrian safety in this area. Advising that improved signage at zebra crossings will be provided as soon as resources permit.

21. 14/1/2003 - Kevin Moss MP, Parliamentary Secretary for Transport Forwarded by Faye Lo Po’ MP, Member for Penrith, referring to her

representations on behalf of Council, concerning the proposed wood processing and metallurgical carbon facility at Moruya. Advising that on 24 September 2002, Australian Silicon Pty Ltd announced the withdrawal of the proposed processing facility at Mogo.

22. 16/1/2003 - The Manager, Mountains Community Transport Inc In appreciation of Council’s offer of financial support when their two buses were

recently damaged with graffiti, whilst housed at Council’s Lawson Depot. 23. 17/1/2003 - 34 Petitioners from Pulpit Hill/Explorer’s Road, Katoomba Requesting a redesign and sealing of Explorer’s Road, Pulpit Hill, Katoomba. 24. 20/1/2003 - The Production Manager, Japco Productions Pty Ltd Thanking Council staff members for the assistance they provided to enable the

company conduct their recent filming activities in the Blue Mountains.

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QUESTIONS WITH NOTICE Ordinary Meeting, 28/1/03

ITEM NO: 29 SUBJECT: 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 reached? 4. Is this figure sufficient to ensure maintenance and continual improvement? 5. How is it being divided between the 12 sites?”

Documents

ITEM NO: 1 SUBJECT: ITEM C1 IN CONFIDENTIAL BUSINESS …€¦ · Telstra / Studleigh Place Car Park - Council resolved at the meeting of 3rd December 2002 to negotiate with Telstra