MINUTE BY MAYOR Ordinary Meeting, 29/01/02MINUTE BY MAYOR Ordinary Meeting,29/01/02 ITEM NO: 2 SUBJECT: CENTENARY OF FEDERATION – A JOURNEY OF A NATION FILE NO: C01563 Recommendations:

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MINUTE BY MAYOR Ordinary Meeting, 29/01/02

ITEM NO: 1 SUBJECT: INTERNATIONAL YEAR OF THE VOLUNTEER FILE NO: C04261 Recommendations: 1. That the Minute by Mayor be received. 2. That Council, continues to be aware of the invaluable assistance provided by

volunteers and remembers to acknowledge the individual work, and the work of all volunteer groups in the Blue Mountains not just in 2001, but always.

Minute by Mayor: Throughout 2001 Blue Mountains City Council has recognised that the Blue Mountains has a large and active community of volunteers and that many Council activities are able to be successfully undertaken because of the support of volunteer groups and their efforts. The first Meeting of the Blue Mountains International Year of the Volunteer Committee was held on Tuesday, 6 March 2001. The Committee - comprised of Cr Angelique Henson, Chairperson; Cr Colleen Kime; Cr Sharon Burridge; Cr Chris Van der Kley; Cr Herman Kozelj; Mr Fausto Sut, BMCC Executive Officer; and Ms Anne Watts, Coordinator - agreed that the “Theme Groups” for 2001 (as determined by the Department of Family and Community Service) be acknowledged on a monthly basis and wished well in their volunteering efforts. The “Theme Groups” were as follows: January – The Scope of Volunteering February – Arts and Heritage / Tourism March - Environment April – Young People May – Celebrate the Diversity of Volunteering June – Family and Community Support July – International Neighbours August – Pets / Animals September – Sport and Recreation October – Emergency Services November – Civic Participation December – Corporate Activity

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MINUTE BY MAYOR Item 1 - Ordinary Meeting, 29/01/02

The committee determined that the best way to acknowledge the theme groups on a monthly basis, was to be through an advertisement in the Blue Mountains Gazette and via a Mayoral Minute. Through these mediums the local community was encouraged to contact the Coordinator to ask for a Certificate of Recognition signed by the Mayor of the City, Cr Jim Angel, acknowledging the work of volunteers - either groups or individuals. Approximately 400 Certificates were designed, printed and sent out. Additionally a Civic Reception titled “2001 International Year of Volunteers - BMCC Thank You Day” was held on Sunday, 25 November 2001 at the Springwood Civic Centre and in Buckland Park (which is immediately across the street). The event brought together volunteers and volunteer groups from about 30 organisations. It also provided an opportunity to generate increased membership and participation in the volunteer organisations. The volunteer organisations present on the day estimated that approximately 2000 volunteers attended the celebrations on the day. While the attendance may have been considered relatively low compared to the large number of volunteers in the Mountains, those who had attended were genuinely interested in volunteering and thoroughly enjoyed the displays, food and entertainment. In some ways the attendance was not surprising as it in fact reflects the spirit of volunteers ie they just do it as a sense of community help without any thought to personal recognition. In fact, one of the great lessons learnt from the International Year of the Volunteer was just how many people do volunteer work within our community, which goes unnoticed. To all our volunteers, whether it be the International Year of the Volunteer or any other year, no matter where you are or what you do, on behalf of the Blue Mountains community we extend our praise and thanks for your continuing contribution in making this a better place to live.

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ITEM NO: 2 SUBJECT: CENTENARY OF FEDERATION – A JOURNEY OF A NATION FILE NO: C01563 Recommendations: 1. That the Minute by Mayor be received. 2. That Council be aware and congratulate the effort made by the citizens of the Blue

Mountains to mark the Centenary of Federation. Minute by Mayor: A reflection from the NSW Centenary of Federation Committee as to why we celebrated 2001:

“It was on 1 January 1901 that six colonies came together in a Federation, and thus Australia embarked on its journey to nationhood. In that hundred years, in war and in peace, Australia has forged its own identity in the world of nations, and has emerged as a sovereign and independent country. We see the anniversary as an occasion to reflect on the past, to appreciate our democracy, to acknowledge our history and experiences, to take pride in our achievements and to look with confidence to the future. 2001 will be recognised and celebrated in every part of Australia and, in some instances, abroad. It will be a time to remember the pioneers of our constitution and democracy, to value the rich cultures and heritage of Australia's indigenous peoples, and to recognise the contributions of people from all over the world who have settled in this country It is a time to remember...

• the emergence of an independent, sovereign nation as a member of the international community;

• the development and enduring strength of the Australian Constitution; • Australia's evolution as a parliamentary democracy, in which our society and

governments observe the rule of law; • our role as a civil society with a proud record of tolerance and free

expression; and our nation's achievements over 100 years in building a robust economy, in defending our nation in times of war, and in earning an international reputation in diverse areas such as sport, the arts, science and education.”

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During 2001 Blue Mountains City Council worked with many organisations throughout the area to celebrate 100 years of Federation. The ground work for the celebrations in the Mountains began much earlier. In December 1997 the Council resolved to form the Blue Mountains Centenary of Federation Committee. The object of the Committee was to actively participate in the preparations for the Centenary of Federation in the year 2001. In particular, it had a charter to develop projects that would maximise community awareness and participation in activities related to the Centenary of Federation. Following a call for expressions of interest for membership to the Blue Mountains Centenary of Federation Committee, the Committee comprised of Cr Jim Angel, Chairperson; Cr Angelique Henson, Deputy Chairperson; Cr Sharon Burridge; Cr Chris Van der Kley; Cr Herman Kozelj; as well Mrs Pam Smith of the Springwood Historical Society and Messrs Noel Selway, John Van der Have, Jim Wyatt and John O’Sullivan of the Faulconbridge Residents Association. Council staff on the Committee included Mr Fausto Sut, Executive Officer; Ms Anne Watts, Coordinator, and Mr John Low, Local Studies Librarian. The Committee met monthly throughout the second half of 2000 and on a regular basis throughout 2001. The Committee endorsed almost 30 events throughout the year as listed below and where possible/practicable at least one representative from the Committee was present at each and every event. Month Location Event January Glenbrook Rotary Federation Celebrations, Federation Bush Dance Rotary Federation Celebrations, Community Australia Day Mount Victoria Grand Imperial Centenary of Federation Costume Ball Faulconbridge Centenary of Federation – Living in Harmony

(Note: The Celebrations consisted of as near as possible, what happened in 1901 with the added impetus of reunions, exhibitions, concerts, plays and displays).

Katoomba Australian Bush Dance at Gearins Hotel Hartley Vale Celebration Luncheon at the Comet Inn Katoomba Community Church Service Katoomba Australian Bush Luncheon Katoomba Federation Visit by a delegation from Coventry.

(Note: A luncheon at Blue Mountains City Council was attended by the Lord Mayor of Coventry, Sheila Collins and dignitaries from Coventry, Parkes Council and the Blue Mountains. Later, a wreath was placed on Sir Henry Parkes’s grave at Faulconbridge).

February Woodford Ghost Dinner at the Academy Leura Aussie Spit Roast Luncheon Katoomba Katoomba Celebrates Federation

(Note: This included a Street Parade, amusements and stalls and culminating in the Governor’s Banquet Ball at the Carrington Hotel with a spectacular Fireworks display.)

Katoomba to Tumbarumba

The Centenary of Federation Tumbarumba Ride (Note: 20 motorbike riders and support vehicles travelled from Katoomba to the NSW Snowy Mountains via Cowra and Gundagai)

March Springwood/ Wentworth Falls

Blue Mountains Living in Harmony Project Exhibition

April Springwood Celebrating Springwood’s Foundation Day May Blackheath The Public School celebrates its Federation Journey Blackheath Food with Altitude Fair

(Note: A Fine Food and Wine Festival with a turn of the century flavour) Mount Victoria Queen Victoria’s Birthday

(Note: Luncheon with olde world entertainment)

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June Faulconbridge Searching For Your Family Tree – How to Get Started August Faulconbridge Federation Follies Musical

(Note: Written by Graham Bucholtz and involved every pupil at Faulconbridge Public School) September Katoomba Peoplescape Maker’s Morning Tea and Exhibition

(Note: Locals made six -foot figures of people they consider their local “heroes”. The local figures represent parents, schoolteachers, community volunteers and sportspeople. The Peoplescape figures were on exhibition in the foyer of the Blue Mountains City Council building in Katoomba from Monday 24 September for two weeks. Then they travelled to Canberra to be part of a 5,000 figure exhibition at Parliament House from 25 November to 4 December 2001).

October Mount Wilson Memorial to Honour Charles R Scrivener (Note: Former resident of Mount Wilson and surveyor of the ACT and Canberra our Nation’s Capital)

Wentworth Falls

Federation Garden Party at Hobby’s Reach

Blaxland Federation Fete – 75 Years of Blaxland Public School November Blackheath Rhododendron Festival December Faulconbridge End of a Federation Journey – Beginning of Another.

(Note: This included the burial of a Time Capsule, the planting of trees in honour of the Parkes and Faulconbridge families, the naming of the new overhead pedestrian bridge “Centenary Bridge”, speeches, plays, stalls as well as Celebration and Commemoration.)

Springwood Old but New – Local History of the Blue Mountains Conference.

In recognition of the significance of the year, the Centenary of Federation Flag constantly flew at Glenbrook. There were other non-endorsed activities. In addition, on 9 May 2001 the Mayor attended the Commemoration of the Opening of the First Parliament of the Commonwealth of Australia and the marking of the Centenary of the Commonwealth Parliament - The Royal Exhibition Building, Melbourne. A great deal of acknowledgement and thanks is expressed in particular to all members of the Faulconbridge Residents Association, to the Committee and to the organisers of the individual events - for their dedication towards ensuring that the Blue Mountains recognised and celebrated the Centenary of Federation with the style and aplomb it deserved.

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ITEM NO: 3 SUBJECT: THANK-YOU TO FIREFIGHTERS AND VOLUNTEERS FILE NO: Recommendation: That Council extend a formal thank -you to all firefighters and volunteers who worked through the recent bushfires. Blue Mountains City Council congratulates and extends a formal thank-you to the firefighters and volunteers who worked tirelessly throughout the recent fire crisis. A large part of the Blue Mountains was in grave danger from the fires that burned throughout the Blue Mountains over the Christmas and New Year period. The outstanding efforts of all involved during the emergency have saved thousands of properties and lives. A special thank-you is extended to the many Council staff who gave up time over Christmas, New Year, and the weeks that followed, to provide an exceptional level of service to the community and the emergency services. These people forfeited Christmas and the holidays with their families to fight the fires for the rest of us. Similarly, thanks to the staff that gave that extra effort to maintain BMCC services on often less than skeleton staff, providing opportunity to release people to be involved the emergency response. Firefighters and volunteers from other parts of NSW, Tasmania, WA and South Australia were also involved in the response. The Katoomba Emergency Centre saw people from all agencies including the State Emergency Service, Department of Community Services (DoCS), State Rail, Police, Water, Electricity, Council, Roads and Traffic Authority, Health and well as the Rural Fire Service, Fire Brigades and the National Parks and Wildlife Service – all working together to make things happen and to ensure the Mountains had the best protection during this difficult time. Residents and local businesses gave generously of their time and provided food, drink and support to all the firefighters and other volunteers. The co-operation between all agencies has been an exemplary model for other regions. Council work continues through the recovery process. Blue Mountains City Council has established a Recovery Centre at Springwood Civic Centre, where residents can register with DoCS in order to be eligible for emergency relief. Council is also working to provide specialised services to fire affected residents. A thank-you celebration is being organised for the firefighters and all the volunteers, as an acknowledgement of appreciation from the Blue Mountains Community.

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ITEM NO: 4 SUBJECT: ITEM SC1 IN STRICTLY CONFIDENTIAL BUSINESS PAPER –

NOMINATION FOR FREEMAN OF THE CITY FILE NO: Recommendations: 1. That Item SC1 in the Business Paper – Nomination for Freeman of the City 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 SC1 in the

Business Paper - Nomination for Freeman of the City, pursuant to the provisions of Section 10A(2)(a) of the Local Government Act 1993, as the report contains, and discussion involves, personnel matters concerning particular individuals.

Minute by Mayor: This matter has been listed in the Strictly 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 a nomination for Freeman to the City. 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 SC1 in the Strictly Confidential Business Paper is that the report contains, and discussion involves, personnel information about a particular individual.

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QUALITY LOCAL GOVERNMENT Ordinary Meeting, 29/01/02

ITEM NO: 5 SUBJECT: DELEGATIONS AND MEMBERSHIP – WARRIMOO TENNIS

COURT COMPLEX MANAGEMENT COMMITTEE FILE NO: H00335 Recommendations: 1. That Council appoint the following residents to the Committee of the Warrimoo Tennis

Court Complex Management Committee:

• Patricia Mungovan • Allan Bewley • Robert Treasure • John Hollis • Lorraine Bewley • Suzanne Brand

2. That the Warrimoo Tennis Court Complex Management Committee be granted

delegations of authority as set out in this report under Section 377 of the Local Government Act 1993.

Report by the Group Manager, Assets & Corporate Services: This report concerns the appointment of a Management Committee for the Warrimoo Tennis Court Complex and the formal delegation of authority to that Committee under Section 377 the Local Government Act 1993. Background At its meeting on 26 September 2000, Council resolved to appoint Section 377 Committees to manage thirteen public buildings. Warrimoo Tennis Courts, the only sporting facility with committee, was not included in this report. The Committee has requested that its status as a committee with delegated functions be confirmed and that it receive the support accorded to other 377 committees as set out in the draft Community Buildings Policy. Appointment of a Management Committee Under Section 377 of the Local Government Act, Council may delegate to the General Manager or any other person or body any of the functions of Council other than the exceptions set out in that Section. This also applies to Council’s Management Committees for the management of community facilities, such as tennis courts. The functional relationship between these committees and Council has been set out in the draft Community Buildings Policy, currently on exhibition for public comment.

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QUALITY LOCAL GOVERNMENT Item 5 - Ordinary Meeting, 29/01/02

At its meeting of 26 September 2000 Council resolved to appoint Section 377 Committees for 13 public buildings and gave to each of those committees a standard set of delegations. The following proposed delegations for the Warrimoo Tennis Court Complex Management Committee are based on those standard delegations with appropriate a modifications for the facility being managed: • make appropriate arrangements for a booking and payments system • arrange for the handover and collection of keys • arrange for reports on the state of the facility after usage • arrange for minor maintenance in accordance with Council’s procedures • make recommendations to Council on matters of major maintenance • ensure facility security • make recommendations to Council on fees and charges • promote use of the facility, consistent with the Council’s policies • have an understanding of usage levels • receive financial reports and understand the financial position of the community facility This report recommends that these delegations be granted to the Management Committee for the Warrimoo Tennis Court Complex. Membership of the Management Committee The Committee has advised that the following is the current membership of the committee:

§ Patricia Mungovan § Allan Bewley § Robert Treasure § John Hollis § Lorraine Bewley § Suzanne Brand

Conclusion Council is required under the provisions of the Local Government Act to resolve the membership of management committees and delegations conferred under Section 377 of the Act. It is recommended that Council resolve to appoint the residents named in this report as members of the Management Committee for the Warrimoo Tennis Court Complex and that the Committee be granted the delegations set out in this report.

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ITEM NO: 6 SUBJECT: PURCHASE OF 8-12 ELEVENTH AVENUE, KATOOMBA (LOTS 20,

21 & 22 SECTION N DP 5870) AND 78 SECOND AVENUE, KATOOMBA (LOT 27 SECTION B DP 5875)

FILE NO: A43323. A43854 Recommendations: 1. That Council purchase 8-12 Eleventh Avenue, Katoomba (Lots 20, 21 and 22 Section

N Deposited Plan 5870) and 78 Second Avenue Katoomba (Lot 27 Section B Deposited Plan 5875) for $3,000 per block and classify these parcels of land as Operational Land.

2. That the Council's Common Seal be affixed to any necessary documents relating to

this matter. Report by Group Manager, Assets & Corporate Services: At its meeting of 20 November 2001 Council considered a report on the acquisition of several properties in Yosemite Park, Katoomba and resolved (Minute No. 541):

“1. That Council seeks to purchase 8-12 Eleventh Avenue, Katoomba (Lots 20, 21

and 22 Section N Deposited Plan 5870) and 78 Second Avenue Katoomba (Lot 27 Section B Deposited Plan 5875) for $3,000 per block.

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

Act, 1993 Council give notice of its proposal to acquire 8-12 Eleventh Avenue, Katoomba (Lots 20, 21 and 22 Section N Deposited Plan 5870) and 78 Second Avenue Katoomba (Lot 27 Section B Deposited Plan 5875) and to classify them as Operational Land.”

The land is vacant and is zoned Rural (A3) under Local Environmental Plan No 4. The land was proposed to be zoned Environmental Protection (Acquisition) under draft Local Environmental Plan (DLEP 1997). Under the present zoning Council has no obligation to purchase the land. However, under the proposed zoning (DLEP 1997) Council would have been required to purchase the land. Amounts of $3,000 to $4,000 were paid for similar land in this area at an auction in 2000 and no sales evidence showing any price changes for land of this nature is recorded. The owners have advised that they are willing to sell the land for $3,000 per block. 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 sale information.

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Pursuant to Section 34 of the Local Government Act 1993 the proposal to acquire land and classify it as Operational Land was advertised in the Blue Mountains Gazette. Any person wishing to make a submission to Council on the proposal was invited to do so in writing within a 28 day period. No submissions have been received. Conclusion It is therefore now appropriate for Council to proceed with the purchase and confirm its intention to classify the land as Operational Land in accordance with the provisions of the Local Government Act 1993.

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Attachment

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Attachment

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ITEM NO: 7 SUBJECT: TENDERS FOR THE MANAGEMENT OF KATOOMBA FALLS

CARAVAN PARK FILE NO: C05547 Recommendations: 1. That Council accept the tender received from V E & K D Dowling for the management

of the Katoomba Falls Caravan Park pursuant to Clause 19(1)(a) of the Local Government (Tendering) Regulation, 1999.

2. That the General Manager be authorised to enter into the management contract with

V E & K D Dowling for a period of three years. Report by Group Manager, Assets and Corporate Services: This report deals with the calling of tenders for the management of the Katoomba Falls Caravan Park for a period of three years as a consequence of the recent expiry of the existing management contract. Background The Katoomba Falls Caravan Park is located on 1.85 hectares of Crown land known as the Katoomba Falls Reserve. The Katoomba Falls Reserve Trust was appointed as the Trustee of the land by notification published in the Government Gazette dated 17 April 1888 and Council was appointed to manage the Katoomba Reserve Trust by notification published in the Government Gazette dated 6 November 1992. It is therefore Council’s obligation to make decisions relating to the management of the Katoomba Falls Reserve and its improvements and facilities including the Katoomba Falls Caravan Park. In 1999/2000 Council incurred expenditure of approximately $198,000 for the operation and management of the Park. This included the contract payments to the Park Managers, a fee payable to the Department of Land and Water Conservation, plus all capital works, maintenance and operating costs. The depreciation for the Parks Capital is estimated at approximately $50,000 per year. In return, Council received approximately $301,000 in income. The net return to Council was in the order of $63,000 after depreciation. The Caravan Park has been managed fo r many years by Contract Managers. The existing contract expired on 24 November 2001. Tenders have been invited from interested parties for the management of the Katoomba Falls Caravan Park in accordance with Council’s Tendering Guidelines.

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Calling of Tenders The calling of Public Tenders for the management of the park was widely advertised the Blue Mountains Gazette, Sydney Morning Herald, Australian and Central Coast Advocate in November and December 2001. A pre-tender meeting was held on 14 December 2001 to answer questions from prospective tenderers and to carry out a site inspection. Only 2 people attended that meeting. The tender document clearly stated that Council would not be bound to accept the lowest or any tender. Submissions closed on 18 December 2001. Tenders Received In response to the tender specification, two submissions were received from the following tenderers: • V E & K D Dowling - Katoomba • Klearjae Pty Ltd – Fingal Head Both tenders conform as they address all aspects of the tender specification. Both tenders nominate a base payment component plus a percentage of the caravan park’s Gross Profit. The net returns to Council from both tenders are almost the same. The assessment therefore relies more on value added services and skills and competencies of the tenderers. Tender Assessment An assessment of the tenders was undertaken by a Tender Assessment Panel comprising the Manager Property, Property Officer and Special Project Accountant. The Panel assessed the tenders against criteria as set out in the tender documents issued by Council, as follows:

Assessment Criteria Weighting The ability to operate a personal computer 7.5% The ability to manage office accounting and bookkeeping systems together with any formal qualifications, experience, knowledge and skills in these areas

7.5%

Experience in the use of computerised booking system 7.5% Experience in ground and building maintenance together with any trade qualifications

7.5%

Business communication (oral & written) 7.5% Experience in managing a business, particularly in service industries 15% Marketing skills and promotional initiatives 5% Experience in the provision of customer services within the tourism and/or hospitality industries

5%

Knowledge and appreciation of relevant industry legislation with particular regard to Caravan Park standards and related safety issues

5%

Possession of a current driver’s licence 2.5% The nominated tender amounts 30%

Total 100%

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Details of the assessment have been separately distributed to Councillors and can be viewed on Council’s file. The Dowlings’ submission has received a total score of 79.25%; whilst the Klearjae’s submission has received a total score of 77.25%. Although both tenders were financially competitive, members of the Tender Assessment Panel were of the opinion that the Dowlings’ marketing and customer services skills were more appealing. Further, as the Dowling have been managing the Katoomba Falls Caravan Park over the last 9 years, they have practical knowledge relating to the operation and management of the subject Caravan Park. The Dowlings have also demonstrated their understanding of the local tourism market and its characteristics and profiles. All of these appealing capacities, in view of the Tender assessment Panel, would add value to the service provided by the Dowlings. Conclusion Having regard to the assessment of the tenders received, it is recommended that Council accept the tender received from V E & K D Dowling and award the management contract to the Dowlings for a term of three years. Statement by Tender Review Committee Council’s Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process.

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Attachment

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ITEM NO: 8 SUBJECT: REQUEST BY HAZELBROOK BOWLING AND SPORTING CLUB

CO-OPERATIVE LIMITED TO ACQUIRE COUNCIL LAND BEING PART OF LOT 1 IN DP 332542, 21A LESTER AVENUE, HAZELBROOK

FILE NO: H00914 Recommendations: 1. That for the purpose of the negotiations with the Hazelbrook Bowling and Recreation

Club Co-operative Limited (the “Club”) over their request to acquire Council's land at Lot 1 in DP 332542, 21A Lester Avenue, Hazelbrook, Council re-affirms the principles that:

a) A fair price is paid for the site based on a formal valuation having regard to

existing zoning and land use restrictions. b) The Club meets the full cost of the matter, including the rezoning and

reclassification process, encompassing staff resources involved in preparing and presenting at the necessary Public Hearing, engagement of an independent Chairman with sufficient expertise in these matters, etc., and that there is a sufficient contribution made up front to offset these expenses as they occur.

c) Safeguards are placed in any Contract for Sale and on the Title to ensure that

if at sometime in the future the Club wishes to sell the site or change its use, that Council would have the first right to acquire it on an agreed basis, similar to the conditions imposed with respect the sale of the Springwood Bowling and Recreation Club site.

2. That there be no further discussions or negotiations with the Club in regard to this

matter until they agree in writing to the above principles. Report by Group Manager, Assets & Corporate Services: Council at its meeting of 9 October 2001 considered a report on this matter and resolved to enter into negotiations with the Hazelbrook Bowling and Recreation Club Co-operative Limited (the “Club”) in regard to their request to acquire Council land, Lot 1 in DP 332542 at 21 A Lester Avenue, Hazelbrook. Preliminary negotiations with the Club’s representative have not been able to achieve an outcome consistent with the principles adopted by Council at its meeting of 9 October 2001. This report provides Council with details of issues arising from the recent negotiations and seeks Council’s determination prior to progressing with the matter any further.

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Background The Club is located on Council owned land that is classified as Community under the Local Government Act, 1993. A twenty year lease of the site by the Club expired in 2000 and the Club had approached Council with a desire to acquire title to the site rather than enter into a further lease. The disadvantages the Club sees of continuing with a leasing situation are that they are unable to use the land as security for a loan and, in their view, are also unable to ask members for funds to do work on a building which is not on land owned by them. They have apparently outgrown their premises due to the recent increase in membership. As Council is aware, Community land cannot be sold under the Local Government Act, 1993. If Council wishes to sell a site that is classified as Community then it must first go through a process of rezoning and reclassification of the site to Operational. Such a process is lengthy, costly and the outcomes cannot be guaranteed. As the matter was initiated by the Club purely for its advantages, it is therefore logical that the Club should meet the full cost to Council in the matter including those for undertaking the necessary rezoning and reclassification processes. On this basis, Council at its meeting of 9 October 2001 resolved:

“1. That the General Manager or his nominee be authorised to enter into negotiations with the Hazelbrook Bowling and Recreation Club Co-operative Limited in regard to their request to acquire Council's land at Lot 1 in DP 332542, 21A Lester Avenue, Hazelbrook.

2. That such negotiations incorporate the principles set out in this report. 3. That the outcome of negotiations be reported back to Council.”

The adopted negotiation principles highlight that Council:

“a) Seeks a fair price for the site based on a formal valuation having regard to existing zoning and land use restrictions.

b) Requires that the Club meets the full cost of the matter, including the rezoning

and reclassification process, encompassing staff resources involved in preparing and presenting at the necessary Public Hearing, engagement of an independent Chairman with sufficient expertise in these matters, etc., and that there is a sufficient contribution made up front to offset these expenses as they occur.

c) Ensures that safeguards are placed in any Contract for Sale and on the Title to

ensure that if at sometime in the future the Club wishes to sell the site or change its use, that Council would have the first right to acquire it on an agreed basis, similar to the conditions imposed with respect the sale of the Springwood Bowling and Recreation Club site.”

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Following the recent negotiations with a representative of the Club, Council is now in receipt of the Club’s letter, in broad terms, advising that it: • “Concurs” with Principal a)but noting that it states:

“… the value of the land, as currently zoned and used has no commercial value that should be recovered from the Club.”

• Disagrees with Principal b), stating:

“We have difficulty with the proposition that the Club meet all of the costs associated with the rezoning process. We believe that this is a proper function of Council and as such the costs should be met by Council. The purpose of this exercise is to allow the Club to further develop and enhance Councils asset. However we would be prepared to consider making a contribution in cash or kind but would like to know what the various cost are prior to making a decision. We would also seek to have credit given for prior cash and in kind contributions made by the Club to the development of Councils asset.”

• Concurs with Principal c). It should be noted that the rezoning and reclassification process under the provisions of the Local Government Act, 1993 and the Environmental Planning and Assessment Act, 1979 requires preparation of a local environmental plan together with extensive public consultation, public hearing, documentation and application for ministerial approval. Estimated costs associated with this rezoning and reclassification process can be summarised as follows: • LEP preparation $ 2,000 • Public meetings & advertising $ 4,000 • Public Hearing – Commissioner $ 1,000 • Legal $ 3,000 • Rezoning & Reclassification Application $ 3,000 • Staff & Administrative $ 2,000

Total Estimate = $15,000 Of the above cost estimates, the majority are payable to external parties. Only two items are payable to Council – rezoning and reclassification application fee and staff and administrative costs. Conclusion Council is not obliged to wear any costs associated with the rezoning and reclassification process that has been initiated by the Club. It is also considered inequitable that Council should be expected to meet costs in a matter that will result in the ownership of public land passing into private hands without any compensatory benefit to Council on behalf of the general community. According, it seems futile and an inefficient use of Council staff resources to continue further negotiations with the Club until such time as they are prepared to accept the basic principles previously espoused and established by resolution of the Council.

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ITEM NO: 9 SUBJECT: SCHEDULE OF INVESTED MONIES FILE NO: C00694 Recommendation: That the Schedules of Invest ed Monies as at 30 November 2001 and 31 December 2001 be received. Report by Group Manager, Assets & Corporate Services: This report is submitted for the purposes of financial accountability and in satisfaction of the Financial Regulations under the Local Government Act, 1993. The Schedules of Council’s Invested Monies as at 30 November 2001 and 31 December 2001 are attached for information. Due to continuing lower interest rates Council’s return has dropped below the expected year-to-date budget amount. A comprehensive review of the anticipated income from interest on investments is being undertaken as part of the December budget review.

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Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 30th November, 2001

Institution and Fund Return

for Month

Return Year to Date

Current Fixed Rate

Investment Value

AMP – Premium Treasury 3.96% 4.94% $2,008,639 Commonwealth Bank of Australia * 4.86% 4.86% $5,331,806 Commonwealth Bank of Australia – Cash Plus

4.72% 5.35% $1,630,686

National Australia Bank – Offset * 4.82% 4.82% $3,669,409 National Australia Bank - Call a/c n/a n/a Variable $4,650,000 Macquarie Bank – Diversified Treasury 5.36% 5.28% $2,120,953 Deutsche Bank – Cash Plus Fund 4.98% 5.11% $2,045,903 Illawarra Mutual Building Society – Term **

4.77% Variable $1,000,000

Total $22,457,397 UBSWA Bank Bill Index 4.47% 4.96%

* 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 $401,520 Council’s Actual Return $378,409

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

Paul Bennett Responsible Accounting Officer

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Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 31st December, 2001

Institution and Fund Return

for Month

Return Year to Date

Current Fixed Rate

Investment Value

AMP – Premium Treasury 4.69% 4.88% $2,016,020 Commonwealth Bank of Australia * 4.14% 4.14% $4,889,564 Commonwealth Bank of Australia – Cash Plus

4.32% 5.18% $1,636,280

National Australia Bank – Offset * 4.82% 4.82% $3,503,935 National Australia Bank - Call a/c n/a N/a Variable $6,650,000 Macquarie Bank – Diversified Treasury 5.18% 5.26% $2,130,109 Deutsche Bank – Cash Plus Fund 5.06% 5.08% $2,053,724 Illawarra Mutual Building Society – Term **

4.62% Variable $1,000,000

Total $23,879,632 UBSWA Bank Bill Index 4.32% 4.86%

* 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 $481,824 Council’s Actual Return $443,817

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

Paul Bennett Responsible Accounting Officer

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ITEM NO: 10 SUBJECT: ITEM C1 IN CONFIDENTIAL BUSINESS PAPER – STATUS OF

RECOVERY ACTION AGAINST SYDNEY WATER CORPORATION FOR COSTS INCURRED IN RESTORATION OF LURLINE STREET AND KINGSFORD SMITH PARK, KATOOMBA

FILE NO: Recommendations: 1. That Item C1 in the Confidential 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

Confidential Business Paper - Status of Recovery Action Against Sydney Water Corporation, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993, as the report contains, and discussion involves, information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting business and; Section 10A(2)(g) as the report contains, and discussions involves, advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Report by Acting Group Manager, BM City Services: 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 a offer by Sydney Water to contribute to costs incurred by Council in the restoration of Lurline Street and Kingsford Street Park Katoomba. 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 involves, information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting business and; advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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LAND USE MANAGEMENT Ordinary Meeting, 29/01/02

ITEM NO: 11 SUBJECT: DEVELOPMENT APPLICATION NO. X01/0782 FOR A

RESIDENTIAL UNIT DEVELOPMENT COMPRISING 14 UNITS UNDER THE PROVISIONS OF SEPP NO. 5 AT LOT 3 DP 78456, LOT 6 DP 4754 AND LOT 1 DP 77109, NO. 230-234 GREAT WESTERN HIGHWAY, WENTWORTH FALLS

FILE NO: X01/0782 Recommendation: That Development Application No. X01/0782 for a residential unit development comprising 14 units under the provisions of SEPP No. 5 at Lot 3, DP 78456, Lot 6, DP 4754 and Lot 1, DP 77109 No. 230-234 Great Western Highway, Wentworth Falls be refused pursuant to S.80 of the Environmental Planning and Assessment Act 1979 for the following reasons:

1. The proposed development is inconsistent with the character of the surrounding area and contrary to the provision of Clause 25 of State Environmental Planning Policy No. 5.

2. The proposed development is anticipated to have an unreasonable adverse

impact on the amenity of the adjoining properties contrary to the provisions of Clause 25 of State Environmental Planning Policy No. 5.

3. The proposed development and the information provided in support of the

application does not demonstrate compliance with the provisions of Clause 13A of State Environmental Planning Policy No. 5 in regard to the standards specified for living, dining, bedroom, bathroom, kitchen and toilet.

4. The development does not provide for sufficient car parking and is below the

standard contained in Clause 14(d) of State Environmental Planning Policy No. 5.

5. The proposal would have an adverse impact on the streetscape by reasons of

insufficient landscaping and is below the standard contained in Clause 14(f) of State Environmental Planning Policy No. 5.

6. The drainage design for the proposal is incomplete and does not demonstrate

that the proposed development incorporates adequate provision for the disposal of stormwater from the site in accordance with Clause 25(d) of State Environmental Planning Policy No. 5.

7. The proposed development does not provide for a reasonable level of amenity

for occupants, particularly in respect to Unit 11 and is contrary to the provisions of Clause 25 of State Environmental Planning Policy No. 5.

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LAND USE MANAGEMENT Item 11 - Ordinary Meeting, 29/01/02

Report by Group Manager, Health and Development: Reason for report In accordance with Council Policy and delegations, this

Application is referred to Council for determination as the estimated value of construction for the development is in excess of $1 million (estimated $1.4 million).

Applicant

R and L Starr Architects, 78 Blue Hills Road, Hazelbrook.

Owners

Zanbell Pty Ltd, 10 Marguerite Avenue, Mount Riverview. Kirk and Murray Pty Ltd, P O Box 79, Blaxland.

Application lodged

22 June 2001

Property address

Lot 3, DP 78456, Lot 6, DP 4754 and Lot 1, DP 77109 No. 230-234 Great Western Highway, Wentworth Falls.

Subject Site

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Site description The subject land is located on the southern side of the Great

Western Highway at Wentworth Falls, approximately 140 metres west of the signalised intersection with Falls Road. The site has an area of 4993m2, a frontage to the Great Western Highway of approximately 53 metres and a depth of approximately 107 metres. The land falls at an average grade of 1 in 9 from the Great Western Highway frontage to a natural depression toward the rear or southern boundary. The site also has a cross fall of approximately 1 in 9 from west to east. A stormwater pipeline and overland flow path traverse the rear portion of the site generally following the line of the natural depression. The site comprises three (3) separate allotments of varying size and shape. Improvements on Lot 1 include a timber dwelling, a separate detached ‘granny flat’, a pool and a carport. Lot 6 is vacant. Lot 3 contains a weatherboard cottage known as ‘Verna’ and a brick building, commonly known as ‘The Cattery’. There are several outbuildings, sheds and the like located behind the cottage which are in a state of disrepair. Single residential dwellings on lots of varying size and shape predominantly adjoin the site to the east, west and south. A fire station also adjoins the site to the east. Blue Mountains Grammar School is located on the opposite side of the Great Western Highway to the north. Various exotic trees are scattered throughout the site, the majority of which are Radiata Pines. Part of the site, Lot 3, DP 78456 and Lot 6, DP 4754 are also listed as a heritage Item (WF 82) under Council’s Local Environmental Plan 1991.

Proposal

The subject application seeks Development Consent to construct thirteen (13) new residential units and upgrade the existing heritage listed dwelling on Lot 3, DP 78456, ‘Verna’ under the provisions of SEPP No. 5 – Housing for Older People or People with a Disability.

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The proposed unit configuration is as follows:

Unit 1 Single storey, three (3) bedroom dwelling with architecture to reflect ‘Verna’.

Units 2, 3 & 12 Single storey two (2) bedroom dwellings with garage underneath.

Units 4, 5, 6, 7, 8, 9, 10 & 11

Single storey, three (3) bedroom dwellings.

Unit 13 Single storey, three (3) bedroom dwelling with split level garage with architecture to reflect ‘Verna’.

Unit 14 Existing two (2) bedroom, heritage building ‘Verna’.

The applicant has indicated that Units 4, 8 and 11 will be compliant with AS 4299—Adaptable Housing while twelve (12) of the units will be accessible by persons with a disability. The proposal also incorporates landscaping, fencing, driveways, on-site stormwater detention and visitor parking facilities. Reduced plans showing the proposed development are included as Attachment 1 to this Report.

Development Controls

Zoning: § Local Environmental Plan No. 4—Residential 2(a1) § Draft Local Environmental Plan 1997—‘Living’. Other Planning Instruments: § State Environmental Planning Policy No. 5 - Housing for

Older People or People with a Disability. § Development Control Plan No 10 - Town Character

Guidelines. § Development Control Plan No. 22 - Use of Heritage Items. § Development Control Plan No. 34 - Energy Efficiency for

Residential Development. § Development Control Plan No. 38 - Housing for Older

People and People with a Disability. Part of the site is listed as a Heritage Item WF82 under Local Environmental Plan 1991.

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Notification The application was initially exhibited by way of an

advertisement in the Blue Mountains Gazette, as well as written notification to adjoining and nearby property owners for a period of thirty (30) days from 11 July 2001 in accordance with Development Control Plan No. 35—Community Consultation for Land Use Management. Five (5) submissions were received, all raising concerns with or objecting to the proposal. The application was subsequently amended by the applicant during the assessment process necessitating its re-exhibition for thirty (30) days from 17 October 2001 until 16 November 2001. A total of nine (9) submissions from seven (7) persons were received as a result of this re-exhibition process. Seven (7) of the submissions essentially objected to the proposed development, while the remaining two (2), although not opposing development of the land outright, raised concerns regarding certain aspects of the proposal. The main issues covered in the submissions are summarised as follows: § The proposal will exacerbate the existing drainage

problems in the area. § Water quality issues. § Traffic will increase in Cascade Street which is already

busy due to the presence of the hardware shop, fire station and doctor’s rooms. There are no footpaths near Cale Lane (the access to the site from Cascade Street).

§ Concern regarding the operation of Cale Lane (the sole vehicular access point).

§ Overlooking and overshadowing concerns associated with the proximity of the buildings to the living room and yard areas of the adjoining property.

§ Loss of privacy and outlook. § The ambiance of Wentworth Falls is at risk and is rapidly

loosing its Village atmosphere. § The proposal is a high-density development greatly

affecting neighbour’s quality of life. § Complete tree removal will result in increased traffic noise

and pollution from the Great Western Highway. § The development reflects Sydney suburbia and is out of

character with the Upper Mountains. § Adequacy of the sewerage system to service the

development. § The proposal is an overdevelopment of the available land

and has an unnecessarily high impact on the surrounding properties.

These matters are addressed in the body of this Report

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Issues Assessment issues –

§ Statutory considerations. § Design and character. § Suitability of the site for development. § Drainage. § Traffic. § Resident Submissions.

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

SEPP 5

Clause Standard Proposed Compliance

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

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

Provision of written evidence that residents will have access to:

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

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

The applicant maintains that all facilities are available to residents (i.e. persons over 55 years of age) at the Wentworth Falls Village Centre, approximately 390 metres away. It is considered that the Wentworth Falls Village centre provides a satisfactory level of services and facilities for future residents although the closest bank is at Leura. There are traffic light controlled, at grade crossings of Falls Road and the Great Western Highway.

Yes

Water and sewerage

Cl. 12(4)

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

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

Sydney Water have advised that they have no objection to the proposal.

Yes

Site frontage Cl. 13(3)

Minimum 15.0 metres wide 52.7 metres wide. Yes

Wheelchair access

Cl. 13 A(2)(a)

Where site has gradient of 1:10 or more (as for this site), then a minimum of 50% of dwellings or the percentage of the site less than 1:10 (whichever is greater) is to have wheelchair access by a continuous path of travel.

Twelve (12) of the proposed units (85%) would have wheelchair access that complies with the standard. This is above the 50% that is needed to meet the standard (as 60% of the site is over gradient of 1:10).

Yes

Adaptability

Cl. 13A(2)(d)

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

Three (3) units are proposed to be adaptable to provide future internal wheelchair access to all essential areas and facilities including living area, bathroom, a bedroom and car parking facilities. The development plans indicate that this will occur for Units 4, 8 and 11.

Yes

Pathway lighting Cl. 13A(4)

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

The applicant has advised that this would be provided in compliance.

Could be conditioned.

Letter boxes Cl. 13A(5)

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

Would be provided near the Cale Lane entrance.


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Car Parking (Design)

Cl. 13A(6)

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

being power operated.

Plans demonstrate compliance with the required dimensions.

Yes

Accessible entry

Cl. 13A(7)

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

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

The applicant has indicated that this will be provided in compliance.

The plans indicate that this can be achieved.


External doors Cl. 13A(8)

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

Interior spaces

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

Cl. 13A(9) to (21)

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

Plans do not demonstrate compliance with relevant provisions.

No

Building height Cl. 14(a)

Maximum height of buildings not to exceed 8.0 metres

Approximately 6.0 metres Yes

Density and scale Cl. 14(b)

Maximum floor space ratio not to exceed 0.5:1.

Approximately 0.3:1. Yes

Landscaped area

Cl. 14(c)

Minimum of 35m2 of landscaping per dwelling x 14=490m2

Approximately 1800m2 of landscaped area is proposed.

Yes

Parking (Number)

Cl. 14(d)

Nineteen (19) spaces (0.5 spaces for each of 38 bedrooms in the development).

Eighteen (18) car spaces in total. No Deficient by one (1) space

Landscaping Cl. 14(f)

Minimum area/s (preferably located to the rear of the site) equivalent to width of the site multiplied by 15% of the length of the site, having a depth of soil sufficient to support the growth of trees and shrubs – 830m2.

Approximately 680m2 comprising the front setback to the Great Western Highway, 50% of the rear yard areas of Units 6–8, and area to east of Unit 4. The remaining building setbacks are considered unsatisfactory to comply with the provisions due to their unsuitability for supporting trees and shrubs given their proximity to buildings and drainage lines.

No

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

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

All units are provided with considerably more area than the minimum requirement. All units are provided with a verandah or a deck of adequate size.

Yes

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Site analysis

Cl. 24

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

The site is quite steep in sections given the requirements contained in SEPP 5 for access. The site is also affected by an overland flow path for stormwater. The impact on the adjoining properties associated with earthworks required to resolve these issues has not been adequately addressed. This is discussed in a following section of this Report.

Not satisfactory.

Streetscape

Cl. 25(a)

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

The design and character of the development does not contribute to an attractive residential environment. This issue is discussed further in this Report.

No

Visual and acoustic privacy Cl. 25(b)

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

Inadequate consideration has been given to the design in this regard. The design of the development is discussed further in this Report.

No

Solar access and design for climate

Clause 25(c)

The proposed development should:

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

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

The design incudes a unit which is located at the base of a two (2) metre high retaining wall on its northern elevation. A NatHERS energy rating has not been received as required by Development Control Plan No. 34.

No

Stormwater Clause 25(d)

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

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

The concern with stormwater however, is the existing overland flow path situation which has not been adequately addressed by raising floor levels.

On Site Detention

Yes

Overland flowpath

No

Crime Prevention

Cl. 25(e)

The design should allow for casual surveillance.

The proposal is satisfactory in this regard.

Yes

Accessibility

Cl. 25(f)

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

The development has a clear and logical layout and links.

Yes

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DEVELOPMENT CONTROL PLAN NO. 38 Clause Standard Proposed Compliance

Locational criteria Within 500m (via a pedestrian footpath no steeper that 1:14)) of land zoned Business General 3(a)

The applicant has submitted a report, which states that the site is 391 metres from the 3(a) zone of Wentworth Falls shopping centre. The applicant states that the gradient of the Great Western Highway to Falls Road is 1:20. Council’s records indicate that this grade is closer to 1:14 with sections as steep as 1:10. The applicant states that in front of the Bowling Club the grade on the Great Western Highway footpath is 1:15. Council’s records indicate this grade to be closer to 1:12. If Council wished to consider this aspect further, it would be necessary for the applicant to submit a Survey Report to confirm the grades and distances. Council could choose to vary the gradient criteria (Development Control Plan No. 38 stipulates steeper grades are acceptable over certain short distances).

Yes Grades - No

Locational criteria (cont.)

Within 250m of public transport. Local buses travel along the Great Western Highway outside the property. Those heading west to Katoomba stop approximately 105 metres west of the site. The distance to the bus stop on the eastern side of the Great Western Highway via a signalised crossing, is 317 metres. There is a third bus stop 278 metres to the east.

No

Exterior design Requirements

Specific factors to be addressed in this regard include:

§ Fitting in with the neighbourhood

§ Buildings addressing the street

§ Minimise visual impact of shared driveways

§ Private open space (min. dimension of 2.5m in any direction).

As a result of the negotiations Council officers have had with the applicant, a design which better reflects the architecture of the existing ‘Verna’ building has been achieved. The appearance to the Great Western Highway is considered satisfactory. There is significant concern however, with regard to the impact of the six (6) units along the western boundary (which would require major earthworks) would have in relation to the existing character of the area and impact upon adjoining properties.

No

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Interior Design Principles

§ Adaptable Housing

§ Ground Floor Living

§ Internal layout.

The interior design of the individual units has been addressed in the preceding sections of this Table under the SEPP 5 provisions. While the development complies with the standards as printed in Council’s Development Control Plan, these are no longer consistent with SEPP No. 5 which has been amended since adoption of Development Control Plan No. 38. Notwithstanding, Development Control Plan No. 38 does include a statement alerting readers to the need to check any updated provisions of SEPP No. 5.

No

Onsite support services

All SEPP 5 housing needs to have reasonable access to local amenities. There is also a need to address onsite facilities.

Given the location of the development, it is considered that facilities and services are adequately provided for in the immediate vicinity of the development in a cost-effective manner. In addition, any consent could include a condition requiring additional contractual arrangements for specific support services for the subject development such as home and personal care and an appropriate emergency alarm service.

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 SEPP 5, Development Control Plan 38 – Housing for Older People and People with A Disability (DCP 38), Development Control Plan 34 – Energy Efficiency for Residential Development (DCP 34), Development Control Plan 22 – Use of Heritage Items (DCP 22) and Development Control Plan 10 – Town Character Guidelines (DCP 10). Compliance or otherwise with SEPP 5 and Council’s DCP 38 has been summarised in the preceding Tables, while DCP 10 and DCP 22 will be addressed further in this report. Pursuant to Clause 5 of SEPP 5, this instrument prevails over any othe r environmental planning instrument to the extent of any inconsistency, with the exception of land identified as environmentally sensitive. Therefore, as the site is zoned Residential 2(a1), SEPP 5 is the primary instrument to be considered by Council with respect to this development. SEPP 5 relates to the provision of housing for older people or people with a disability. The applicant has indicated that the development is principally directed at providing housing for older people, that is people over 55 years of age, however the site is suitable for occupation by people with a disability.

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The provisions of the SEPP relate to services, location and design matters. In terms of location and services, considerations include proximity/access to, and availability of appropriate commercial facilities, support services and transport facilities. Site specific matters include the design of the development, landscaping, disabled access facilities, amenity of residents and stormwater disposal. The relevant provisions of SEPP 5 for consideration have been outlined in the Compliance Table in the preceding sections of this Report. Particular attention has been given in the Table to development criteria and design requirements. Comment is provided in the Table where pertinent and as can be seen from the Table, the application does not comply with the SEPP in a number of areas. The areas of non-compliance include: § Insufficient on site parking - The development is deficient by one (1) space. § Landscaping - It is considered that insufficient space would remain for adequate

landscaping to occur as detailed in SEPP No. 5. The SEPP requires 15% times the length of the site to not be built upon to allow for sufficient landscaped areas. It is considered that areas of sufficient size have not been provided as only a 5.0 metre strip of land has been retained at the rear of the site and 8.0 metres to the front. The landscaped areas to the rear of the site comprise the courtyard areas for Units 6 to 8 and as such will be used to provide for the private open space requirements and drying areas for the future residents of these units only.

The courtyard areas would contain underground services such as sewer, water, telephone and electricity which are anticipated to restrict the provision of landscaping.

§ Site Analysis - A site analysis has been carried out as required by the SEPP, however it is considered that had it been done thoroughly, the drainage problems with the site would have been given more attention. One neighbour to the rear of the site has also correctly pointed out that their dwelling is much closer to proposed Unit No. 8 than shown on the applicant’s site analysis plan. Contours of neighbouring properties are not shown on the site analysis plan or the site plan leading to concern as to the amount of attention the applicant has placed upon this aspect of the process when developing the proposal.

Under SEPP No. 5 the character of the surrounding area needs to be addressed by the proposal as does privacy issues and drainage. These are discussed in detail later in this Report. 2. Design and Character Proposed Design The proposal is, in essence, a medium density development comprising fourteen (14) units within seven (7) separate buildings. The side elevations submitted with the application (Attachment 1) demonstrate that the development will maintain a fairly conventional residential appearance from the street, with the location of only three (3) units on the Great Western Highway frontage of the site (currently occupied by the ‘Verna’ cottage and the ‘Cattery’ building).

Page 36


The proposed agglomeration of buildings on the southern and western boundaries of the site, however, raises significant concerns. The visual impact of these eight (8) units in three (3) buildings would be inconsistent with the character of the surrounding low density development of single dwellings/cottages on large garden blocks with large trees and sizable setbacks. The density of this development must also be considered in relation to the earthworks that would be required, and the floor levels of Units 5 and 6 which are up to 2.0 metres above natural ground level. This would impact on the privacy to southern neighbours and to the future occupants of other units in the development. The earthworks are anticipated to involve considerable excavations which are likely to adversely impact on the amenity of future occupants. This is particularly evident in the case of Unit 11 where the living room would open onto a courtyard with a retaining wall up to 2.1 metres high in one corner. Further, it is anticipated that a fence would be situated on top of the retaining wall and solar access to the courtyard would be limited as a result. The likely outcome would be a dark and damp courtyard and a cold dwelling. Where the site is proposed to be filled, the floor levels of Units 4 and 5 would be such that future occupants standing at the back door of these units will be standing higher than the top of a typical 1.8 metre high fence. As very limited area is retained for the provision of landscaping, overlooking of adjoining properties would result. The driveway in front of Unit 6 is also elevated to such an extent that it is anticipated that vehicles would be at a level approximately as high as a 1.8 metre high fence. Consequently, headlight glare and vehicle noise could greatly impact upon existing neighbours in Cascade Street. Access to and throughout the site is achieved via a driveway, which is central to the development. The driveway is proposed to be four (4) metres wide at its narrowest point and includes adequate passing and manoeuvring areas for vehicles using the site including delivery, garbage and removalist vehicles. The proposed design provides adequate area where garbage bins could be stored adjacent to the proposed letter boxes, and subject to the dedication of a Right of Way over the site, garbage vehicles would be able to turn on site and exit in a forward direction. Separate pedestrian facilities are not proposed in the development due to the scale of the development and the extent of the driveway area proposed. The development comprises essentially single storey construction located and stepped across the site in response to the slope which allows a reasonable degree of solar access to most units except those in excavated areas being Units 4, 10 and 11. The architectural style of the development is considered to be consistent with surrounding residential development and it is not anticipated that there will be any adverse impacts from overshadowing of adjoining properties. As mentioned previously, however, the anticipated level of overlooking is considered to be unacceptable due mainly to the provision of raised floor levels adjacent to a proposed new drainage easement. Local Environmental Plan No. 4 specifies a standard building setback to the Great Western Highway of eighteen (18) metres. The units (Nos. 1 and 13) fronting the Great Western Highway are proposed to have a setback of 6.0 metres and 8.6 metres respectively and this is generally characteristic of the alignment of nearby buildings to the east and the existing heritage listed building on the site. The Roads and Traffic Authority (RTA) have raised no objection in this regard.

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It is proposed that the development will be of brick, weatherboard and Colorbond construction and the colour selection is anticipated to complement the surrounding residential character of the locale. An amended landscaping plan has not been submitted to reflect the design changes to the site plan made by the applicant. Concern is raised that the plan may not be consistent with the existing character of the area. The original landscape plan submitted with the application was not consistent with the requirements of SEPP No. 5 and did not demonstrate compliance with Clause 14(f) of the SEPP in particular. DCP 10 requires infill development to have regard to its setting and to respect its neighbours. A range of design criteria is established which, if followed, allows new development to occur which nestles into its surrounds without any discernible adverse impacts. The proposed development is considered to change the character of the area considerably, by removing all vegetation from the site and replacing it with additional closely spaced buildings. The western elevation to the site includes 6 units along the boundary, whilst surrounding development consists of single dwellings only. It is appreciated that SEPP 5 allows development on this site with a floor space ratio of up to 0:5:1. This figure might be achieved with a highly compact townhouse style development, however the SEPP also requires Councils to make an assessment of character and design issues at Clause 25, specifically (ii) and (iv):

“(ii) where possible, retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and

(iv) where possible, maintain reasonable neighbour amenity and appropriate

residential character by using building form and siting that relates to the site’s land form.

As previously discussed in this Report, it is considered that the proposal fails to maintain reasonable neighbour amenity and appropriate residential character due to the number of units and their placement on the site, particularly given the site constraints of slope and drainage problems. In this regard, when viewed from the west and south, the development will present as an almost continual row of buildings with very little in the way of open space available for landscaping to break up this appearance. This is considered to be inconsistent with the character of the surrounding properties which have large areas of open space and gardens. A reduction in the number of units would allow a re-configuration of the unit layout to move toward addressing these concerns. DCP 22 provides detail on the way heritage items can be put to new uses while maintaining the integrity of the site and buildings. Council’s Heritage Advisor has inspected the site and has provided comment on the proposal. The initial concerns raised with regard to heritage conservation have essentially been addressed by the applicant through amendments to the plans relocating a unit to the east of the ‘Verna’ building and orientating the frontages of the buildings in this area to the Great Western Highway.

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This was requested so that the Highway frontage more closely reflects the original subdivision pattern which continues to the east and results in an appearance of a row of cottages on smaller sized blocks which face the Highway. Council’s Heritage Advisor has not raised objection to the removal of the rear wing of the existing building and the outbuildings. In this regard it was acknowledged that the building is not in a good state of repair, particularly the rear section as well as the outbuildings which are proposed to be demolished. However, it was considered important to maintain a reasonable curtilage around the ‘Verna’ cottage, particularly to its rear. The applicant proposes two (2) units to the rear of ‘Verna’ instead of the original proposal for three (3) units, which is considered to be an improvement. The rear yard should ideally be much larger than the 136m2 provided, 23m2 of which is a car parking space, however with careful detail given to fencing and planting yet to be provided, it is considered to be an acceptable treatment of the heritage conservation value of the site. Natural Environment The subject site drains eastward into Jamison Creek. Stormwater from the Highway, uphill from the subject site, is piped through the site into this creek. There is also an overland flow path across the site which runs from near the intersection of Pritchard Street and the Great Western Highway to Jamison Creek. This feature of the site is discussed in further detail in a following section of this Report. The site contains a number of stands of Radiata pines. However there is very little native vegetation upon the land. All vegetation would require removal in order for the development to proceed. It is considered that some radiata pines could be retained for reasons of amenity however, a number of the adjoining neighbours have indicated that the Radiata Pines currently block out significant amounts of sunlight and should be removed. In view of the above, it is not considered that there will be any significant adverse impacts on flora or fauna. 3. Suitability of the Site As stated in previous sections of the Report, the site is located on the southern side of the Great Western Highway and is approximately 390 metres from the Wentworth Falls Village. The facilities available in the Village include a small supermarket, speciality shops, health services and recreation facilities. A Bowling Club is situated between the site and Village Centre.

There is a reasonable level of bus services operating in the area providing access to the Upper Mountains. Wentworth Falls train station is approximately 500 metres from the subject site.

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In accordance with Clause 25 of SEPP5 the proposed development should have convenient, obvious and safe pedestrian access and bicycle links from the site to public transport and local facilities. The pedestrian facilities in the vicinity of the site are located on the Great Western Highway and extend the full distance to Wentworth Falls Village and the local services. Any approval would require that a footpath be constructed from the driveway entrance at Cale Lane to meet the Great Western Highway footpath. Council’s DCP 38 requires that access between the development and the nominated centre (i.e. Wentworth Falls Village) is to be via a level footpath with a continuous accessible path of travel that does not have a slope steeper than 1:14. The route should generally not require pedestrians to cross roads other than local roads without the use of a signalised crossing, and provides comfortable access for people in wheelchairs or utilising electrical carts, personal transporters or the like. The applicant has indicated that the path of travel from the site to the Village centre and bus stops is less than 1 in 14. However, a Surveyor’s Report, confirming the grades has not been submitted. Council’s GIS system however, indicates the grade in this location to be approximately 1:10 at its steepest. Notwithstanding, a site inspection indicates these steeper sections are relatively short in distance and still allow for a suitable, safe pedestrian access to the Village facilities and transport. The subject design includes a central driveway, which forms a spine through the development with a turning facility for garbage trucks. A Right of Way in order to formalise truck turning would need to be created. The driveway has also been designed to be flatter than 1:14 but in order to achieve this, significant earthworks are proposed involving excavations of up to 1 metre and fill of up to 2 metres. As such it is considered that the development, as designed, is not suitable for housing for older people and people with a disability. A reduction in the number of units proposed for the site may allow a more suitable design, however the applicant has indicated that this option is not acceptable. 4. Drainage The site has a na tural depression which forms an overland flow path across the rear of the lot. The site also contains a piped drainage line which runs across the site although this is not located in the low point of the site. Units 5 and 9 are proposed to be located over the existing pipe and the applicant proposes to relocate this pipe and create an easement over it (minimum 3 metres wide). This proposal would create a ‘zig zag’ or ‘dog leg’ in the pipe. While this could function, a straight pipe would be preferable. On Site Detention (OSD) is proposed to accommodate stormwater disposal on the subject site. These arrangements are anticipated to adequately ensure that post development flows would not exceed existing flows from the site. The overland flow path continues down stream over properties in Cascade Street and many residents are concerned that the water problems will be exacerbated. While the proposed development would not improve the existing situation, the use of OSD would ensure that peak flow rates would not be increased.

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In order to achieve this however, the units in the proposed development must be located at least 300 mm above the overland flow path water levels. This generally has been achieved in the design provided except for the garages of a number of the units. These increased floor levels however create overlooking issues with the adjoining properties and add difficulty of compliance with the accessible gradients required by SEPP No. 5. Further, the extent of earthworks required to achieve compliance is considered excessive and given the above, it is considered that the site is not suitable for the number of units proposed. The deletion of proposed Unit 9 could make the drainage design considerably easier. The drainage design also does not address the control of sheet flow of stormwater from the west towards Unit numbers 9, 10 and 11. 5. Traffic A number of submissions were received during the community consultation process, raising concerns regarding the likely increase in traffic associated with the subject development. The applicant has submitted a traffic assessment with the application, which reviewed the likely impacts of the development. The report came to the following conclusions: § The proposed development will generate a net total of 21 daily vehicle trips and 3

vehicle trips per hour during peak hours. § The proposed traffic generation will not have an adverse impact on the operation of

Cascade Street, nor will it significantly effect the operation of surrounding streets and intersections.

§ Access from Cascade Street is considered to be the most suitable choice for the proposed development. The Roads and Traffic Authority would not support access from the Great Western Highway.

§ Adequate parking can be provided on the site to comply with Council requirements. § The provision of onsite vehicle passing areas and a turning facility will provide

adequate space for car and service vehicles within the site. It is not anticipated that there will be any significant impact from a traffic perspective for the proposed development, despite Cascade Street having restricted right hand turn manoeuvres on and off the Great Western Highway. The likely additional traffic using Armstrong Street to access the development is anticipated to be limited and within the road’s capacity. 6. Resident Submissions The majority of issues raised as a result of the community consultation process have been addressed in the preceding sections of this Report. However, the following comments are made in respect of the remaining issues: § Water quality issues.

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Comment: During construction, it could be a condition of any approval that siltation and sedimentation control measures be implemented and monitored. The construction of an on-site detention system is anticipated to minimise any adverse impacts on Jamison Creek. § Concern over operation of Cale Lane. Comment: Cale Lane will need to be constructed as part of any Development Consent. A condition could be included to require the formation of the laneway subject to compliance with Council’s standards. § Complete tree removal will result in increased traffic noise and pollution from the Great

Western Highway. Comment: When the trees are removed from the site it is possible that traffic noise and fumes from the Highway will be more obvious to neighbours. The construction of new buildings and landscaping however is likely to negate most of these impacts. § Concerns regarding the adequacy of the sewerage system to service the development. Comment: Sydney Water has indicated no objection to the proposal. The developer could, however, as a condition of any consent, have to carry out some amplification works (yet to be determined by Sydney Water) at their expense. Conclusion One of the primary objectives of SEPP 5 is to provide housing in a location and of a type, which is suitable for older people and people with a disability. With this in mind, the access from the subject site to appropriate services and support facilities, including those within the Wentworth Falls Village, for a range of aged/disabled persons is generally considered acceptable, notwithstanding the variations in footpath grades. The development is consistent with SEPP 5 and with the intent of Council’s DCP in terms of such matters as servicing and accessibility. It is considered however, that the development has not been designed to be compatible with the constraints of the site and the character of the existing adjoining residential land. It is recommended that the application be refused for reasons of adverse amenity impacts and character issues.

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There are also outstanding issues regarding the level and accuracy of information provided in support of the proposal including final levels and the required grades, finished floor levels, car parking numbers, drainage, and overlooking and privacy concerns. A revised landscaping plan and NatHERS assessment are also still outstanding.

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Attachment 1 - Plans

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ITEM NO: 12 SUBJECT: DEVELOPMENT APPLICATION NO. X01/1472 FOR THE TWENTY

FOUR (24) HOUR TRADING OF THE SERVICE STATION AT LOT 1 DP 1026903, 575-581 GREAT WESTERN HIGHWAY, FAULCONBRIDGE

FILE NO: X01/1472 Recommendation: That Development Application No. X01/1472 for the 24 hour trading of the service station at Lot 1 DP 1026903, 575-581 Great Western Highway, Faulconbridge be refused pursuant to S.80 of the Environmental Planning and Assessment Act 1979 on the following grounds:

1. The development is anticipated to detract from the amenity of adjacent residents, the quality of the surrounding environment, and is considered to be inconsistent with the character of the surrounding residential area.

2. The Noise Assessment Report that accompanied the development application is

deficient in the following areas:

a) Noise assessment readings were taken at ground level along the western boundary with potential noise receptors to the east not being adequately assessed, particularly in relation to the roof plant noise.

b) No documented data has been provided to support the design of the proposed noise attenuation structure around the roof plant.

3. The Lighting Levels Report that accompanied the development application

does not adequately address all potential receptors of light impact, given the height and direction of the light sources and the relative differences in site levels.

Report by Group Manager, Health and Development: Reason for report The Development Application is referred to Council for

determination at the request of two Councillors. Applicant

PreTech Pty Ltd P O Box 301 Penrith

Owner

Kenmick Fuel Pty Ltd 575 Great Western Highway Faulconbridge

Application lodged

2 November 2001

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Property address Lot 1 DP1026903,

575-581 Great Western Highway, Faulconbridge.

Subject Site

Site description

The subject site is located on the northern side of the Great Western Highway at Faulconbridge and has a total area of 2623m2. A range of one and two storey single occupancy residential dwellings are located to the north and east of the subject site. A café, a craft store and residential dwellings are located directly west of the site, with a small commercial centre and additional residential dwellings located further west. The Great Western Highway and Western Railway corridor are located directly south (opposite) of the site. Dwellings to the east are located on a slightly higher level than the subject service station, whilst the dwellings to the north are located on a slightly lower level.

Background Council at its meeting of 13 August 1996, resolved to approve an application for the redevelopment of the Pitstop Service Station by the granting of deferred commencement consent. Council subsequently amended a number of conditions of consent at its meetings of 9 September 1997 and 26 February 1999. The approved development includes a service station, office, kiosk, car repair bays, vacuum cleaners and a carwash facility.

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The former Faulconbridge General Store adjacent to the service

station has recently been redeveloped as a café with associated landscaping and parking. This use shares the existing access to the service station, but has been approved to operate independently of the service station site. The subject development has been operating for a number of years, however Council has received a number of complaints from adjoining residents. The complaints have primarily focussed on noise emanating from the service station operations, including vehicles, the public announcement system, refrigeration and cooling equipment and the car wash facility. As a consequence of a series of complaints received in 1999-2000, Council issued a Notice under the Protection of the Environment Operations Act (POEO Act), namely a ‘Direction to Take Preventative Action’. The Notice requested the owner/operator to undertake monitoring of noise emissions with a view to ascertain the degree of noise problems associated with the carwash facility and to take appropriate remedial action. This was considered necessary, as it would be relevant to, and provide the basis for, any proposed redesign intended to resolve the identified noise nuisance emanating from the site. Subsequently, Development Consent was granted to provide for some noise attenuation around the Car Wash facility.

Proposal

The application seeks to extend the current hours of operation of the service station component of the development, being that relating to the sale of fuel and retail goods, to 24 hours. The trading hours of the various components of the development are currently as follows: § Fuel - Sunday to Saturday, 5:00am - 11:00pm § Vehicle repairs - Monday to Saturday, 9:00am - 6:00pm § Car wash - Sunday to Saturday, 8:00am - 8:00pm

Development controls

Zoning - LEP 4: Residential 2(a1) DLEP 1997: Village The development is a prohibited use under the provisions of the current zoning of the site and as such, relies on ‘existing use rights’ under Section 108 of the Environmental Planning and Assessment Act, and Clause 41 of the Environmental Planning and Assessment Regulations.

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Notification The subject application was notified to 8 adjoining properties

from 14 November 2001 until 28 November 2001. The notification period was subsequently extended until 4 December 2001 as residents outside the original notification area considered that the extent of notification was insufficient. Seven (7) submissions were received in response to the notification process. Five submissions objected to the proposal whilst two supported it.

The issues of concern raised by residents included: i. Noise levels. ii. Light spillage. iii. Out of character with surrounding area.

Issues Assessment Issues: • Provisions of Planning Instruments • Impact of Development • Suitability of Site.

Discussion of Issues. 1. Planning Instruments As stated previously in this Report, the existing development is not a permissible use in the zone, being Residential 2(a1). The development of the site relies on existing use rights, pursuant to Section 108 of the Environmental Planning and Assessment Act, however this does not negate the need to consider relevant matters pursuant to Section 79C of the Act, in particular, the impact of the development as proposed. 2. Impact of the development Two particular amenity issues have been identified being noise and light spillage on nearby residents. Noise Impact Of particular concern for Council Officers in the assessment of this application, as well as the original application for the service station, is the impact on the residential amenity of the locality, particularly in respect of noise impacts. Current activities on the site have attracted considerable concern from surrounding residences regarding noise emissions. It is anticipated that this being the case, then an extension to the trading hours would consequently increase the hours of impact from the site. A Noise Assessment Report was conducted by Koikas Acoustics Pty Ltd on behalf of the applicant, and submitted to Council with this development application. Noise level measurements were taken alongside the Parkes Café (western boundary), during June 2000, prior to the redevelopment of the café site. These measurements were taken in relation to the vacuum cleaners, which were located to the west of the existing service station building.

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The acoustic consultant concluded in the Report, that the measurements taken were representative of ambient noise levels for the adjoining eastern boundary. In addition, sound pressure level profiles were taken to simulate cars entering the station, filling up with petrol and leaving again. The Acoustic Report commented on Sleep Arousal Criterion (SAC), which is a recommended assessment criteria accepted by the Environmental Protection Authority, although its use is not legislated. The Report concluded, however, that the use of a SAC is not appropriate as almost every vehicle passing the site can give rise to a background noise level greater than that identified in the criterion. The Report does not document the basis for this statement nor the regularity or type of vehicles passing the site, particularly during evening, night or early morning hours. The Acoustic Report further states that the roof-mounted fan located to the rear of the station does not impact on the adjoining eastern property as it is shielded by the roof structure itself and the colorbond fence along the adjoining boundary. Notwithstanding this, a subsequent addendum to the noise report was submitted on behalf of the applicant and in response to Council Officers’ concern regarding noise emitted from the existing roof plant. The addendum recommended the erection of a partial enclosure around the plant equipment. The proposed structure would be open ended and oriented towards the Great Western Highway. A number of deficiencies were identified by Council Officers with the submitted Noise Assessment Report and its subsequent addendum, which are as follows:

i. The noise assessment readings were taken at ground level along the western boundary with data readings sourced from a previous noise assessment report for vacuum cleaners on the site.

ii. The report does not document data to support its conclusion regarding the non-use of the Sleep Arousal Criterion.

iii. The report does not properly identify all potential noise receptors given the range of noise sources, particularly the roof plant above the adjoining boundary fence and the relative difference in site levels between the subject site and surrounding properties

iv. The addendum proposes partial enclosure of the existing roof plant with no documented data identify existing impacts or supporting the proposed noise attenuation design.

It is relevant to note that the bulk of objections were from properties to the east and north east of the site, which is the same side as the existing roof plant equipment, but away from the location of the noise assessment measurements. Additionally, the properties to the east face the Great Western Highway and are generally setback approximately 8m from the front boundary, whilst the service station is setback approximately 17m. The open end of the proposed attenuation structure for the roof plant equipment is oriented towards the Great Western Highway, potentially increasing the noise impact to these properties. Despite the conclusions and deficiencies of the Acoustics Report, it is anticipated that, whilst noise levels may not specifically increase as a direct result of the subject proposal to extend the trading hours, the duration of the existing impacts are anticipated to increase significantly.

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Light spillage The extended hours of operation will increase the demand for lighting on the site. It is anticipated that the increased period of lighting and the potential for light spillage to adjoining properties will significantly increase as a result of the business hours extending from 11pm to 24 hour trading.

A Lighting Levels Report was conducted by Myros Design Pty Ltd and submitted to Council with this Development Application. Myros Design Pty Ltd studied the lighting levels at the site boundaries, which indicated that the service station would comply with the requirements of Australian Standards 4252-1995 for Curfew Hours. The study further notes that the existing lighting includes adjustable louvre blades that can control the actual level of light spillage by varying the angle of each respective louvre. Even so, the report concludes that existing lighting levels are such that there is no need for additional modification measures.

Conversely, four of the five submissions objecting to the proposal, cited the increased period of lighting impact as one of their concerns; three of these submissions came from properties to the north east of the site.

It is noted that the readings were taken at the ground level and only up to the adjoining boundaries. The properties to the east and north east are located at a higher level than the subject site, which would justify undertaking readings at the area of impact, that is at each dwelling itself.

It is considered that the report does not adequately identify all potential receptors given the height and direction of light sources and the relative differences in site levels.

3. Out of Character with the Surrounding Area.

The proposed development is located within the Residential 2(a1) zone under the provisions of Local Environmental Plan No. 4 (LEP 4). The surrounding area is one predominantly characterised by single occupancy residential dwellings. There are no other similar commercial activities in the surrounding area, either in terms of nature or scale. The small commercial centre to the west of the site includes bus inesses of a general retail or professional nature that have restricted hours of operation and that are considered to be more consistent with a neighbourhood business rather than a major highway retail outlet.

The service station operates under the provisions of Existing Use Rights and there is a clear concern that has been continuously identified by residents regarding existing noise and light spillage. Given the nature of the proposed development and the character of the surrounding area, it is considered that the proposed development would detract from the amenity of adjacent residents and the quality of the surrounding environment should the trading hours be extended to allow 24 hour operation.

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Conclusion Due to the character of the area, the extended hours of operation are considered to pose an unreasonable impact on the amenity and character of nearby properties. While supporting documentation has been submitted, it is considered that the noise and light impact studies have not clearly identified all potential receptors of adverse impacts from the existing and the proposed development. Accordingly, the application is considered to be inappropriate in this location, and as such is recommended for refusal.

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Attachment 1 – Site Plan

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ITEM NO: 13 SUBJECT: PROPOSED REZONING OF LAND, BEING LOTS 1 AND 2 DP 945558

AND LOT 92 DP 7290, 4–6 NOBLE STREET, BULLABURRA FROM RESIDENTIAL 2(A1) AND LOCAL ROADS 9(C) TO RECREATION EXISTING 6(A) UNDER LOCAL ENVIRONMENTAL PLAN NO. 4

FILE NO: Z04/013 Recommendations: 1. That pursuant to Section 54 of the Environmental Planning and Assessment Act, 1979,

Council prepare draft Local Environmental Plan No. 148, as detailed in Attachment 1, to amend Local Environmental Plan No. 4 by re-zoning Lots 1 and 2, DP 945558 and Lot 92, DP 7290, 4–6 Noble Street, Bullaburra to Recreation Existing 6(a).

2. That the Director General of the Department of Planning be informed that:

(a) In Council’s opinion a Local Environmental Study is not required to be carried out in accordance with Section 57 of the Act.

(b) Council intends to exercise its delegations with respect to Section 65 and Section 69 of the Environmental Planning and Assessment Act 1979.

3. That Council exhibit the proposed draft Local Environmental Plan in accordance with

the Best Practice Guideline published by the former Department of Urban Affairs and Planning in January 1997 titled ‘LEPs and Council Land – Guideline for Council using delegated powers to prepare LEPs involving land that is or was previously owned or controlled by Council’.

Report by Group Manager, Health and Development: Reason for report The application seeks the re-zoning of the subject property. Applicant/owner

Blue Mountains City Council, P O Box 189, Katoomba.

Application lodged

18 October 2001.

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Current zoning

Local Environmental Plan No. 4 § Part 2(a1) Residential § Part Local Roads 9(c) Draft Local Environmental Plan 1997 § Part Living Conservation § Part Recreation § Part Uncoloured Roads

Site

Lots 1 and 2, DP 945558 and Lot 92, DP 7290, No. 4–6 Noble Street, Bullaburra

Proposal The application proposes to rezone the site by way of a Draft Local Environmental Plan from its current Residential 2(a1) and Local Roads 9(c) zoning under LEP 4, to a Recreation Existing 6(a) zone. The rezoning is sought as the owners of the land (Blue Mountains City Council) wish to develop the subject site for a neighbourhood park which is proposed to include a children’s playground. The use of the land as a ‘recreation area’ is a prohibited land use under the current zonings of the site. Background to Application Council purchased Lots 1 and 2, DP 945558 and Lot 92, DP 7290, Noble Street, Bullaburra in 1978 and 1983 respectively for the purpose of creating a link road and subsequently enabling future development and resale of the residue land for residential purposes. In October 1998, as part of the ‘Area 3 Plan’, Council resolved to establish a Neighbourhood Park on part of the property.

Subject site

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On 10 August 1999, Council adopted a Local Link Road Strategy which included provision for a link road between Noble Street and Kalinda Road, Bullaburra. Council, at its meeting of 10 April 2001 considered a further report on this matter and resolved (Minute No. 143) inter alia:

“2. That Council retains ownership of these lots and commences reclassification process from ‘Operational’ to ‘Community’ land, and the rezoning to Recreation under Draft Local Environmental Plan 2000, in order to provide Community Open space and a park.”

At its Meeting on 28 August 2001 Council subsequently resolved to reclassify the properties to ‘Community’ land. Due to the delays in preparing Draft LEP 2000, the Council as land owner, has now sought to expedite the development of the Park by proceeding with a ‘spot rezoning’ under LEP 4. Description of Site and Locality The subject site is located on the eastern side of Noble Street approximately 100 metres south of its intersection with the Great Western Highway, Bullaburra. The site also has a limited frontage to Kalinda Road. The site adjoins residential properties fronting the Great Western Highway to the north. Residential land uses also surround the site to the east, south and west. The site has a frontage of approximately 61.5 metres to Noble Street, 18.5 metres to Kalinda Road and depth of 127.0 metres. The total area of the site is 7816m2. The site falls gently to the south and contains scattered native vegetation, grassed areas, a number of Radiata pines and some noxious weeds including blackberry. An easement containing a depression and natural watercourse traverses the site and conveys stormwater from the Great Western Highway to the southeast. Public Notification The application has not been publicly exhibited at this stage, however this would be formally carried out in accordance with the provisions of the Environmental Planning and Assessment Act, 1979, should Council resolve to proceed with the preparation of the draft Plan. When the land proposed to be rezoned is owned by the Council there is a need to avoid any conflict of interest where Council also acts as the regulator. The Best Practice Guideline (January 1997) prepared by the former Department of Urban Affairs and Planning is intended to assist by ensuring that conflicts of interest are disclosed and resolved in an accountable and open manner. For draft LEPs the Guideline sets down requirements for exhibition; disclosure of Council’s interest in the land; identification of the plan’s purpose; identification of anticipated development and identification of financial implications. To enable use of the delegations for land in which Council has or has had, an interest, Council must make a resolution to exhibit the proposed draft LEP in accordance with the Best Practice Guideline. The Guideline outlines additional requirements to those specified in the Environmental Planning and Assessment Act for preparing and exhibiting LEPs.

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Statutory Requirements The land is zoned Residential 2(a1) and Local Roads 9(c) under Local Environmental Plan No. 4 wherein the Land Use Table does not permit development of ‘recreation areas’. For Council to permit the site to be used for a neighbourhood park it is necessary to amend the provisions of Local Environmental Plan No. 4. The proposal presently before Council seeks to amend Local Environmental Plan No. 4 by rezoning the subject land Recreation Existing 6 (a) through an amendment to the zoning map. Assessment of Proposal The application only seeks to amend Local Environmental Plan No. 4 to enable Council to consider a range of alternative uses on the site. The application does not seek Development Consent for any of the alternative land uses at this time. The subsequent use of part or all of the site for a playground, park or sporting facilities will require lodgement and consideration of a separate Development Application. As stated previously, the site is located within an existing residential area. The proposed zoning for the site will not be inconsistent with the existing residential character of the area. The proposed zoning for the site under the exhibited draft Local Environmental Plan 1997 is part ‘Living Conservation’, part ‘Recreation’ and part ‘Uncoloured Roads’. Under the draft Plan, similar recreational uses to those permissible under Recreation Existing 6(a) zoning would be permitted on the site. Given the scale of the proposed rezoning, the relationship to draft LEP 1997, and the uses proposed to be permissible on the site, it is not considered that an environmental study (pursuant to Section 57 of the Environmental Planning Act, 1979) is required should Council resolve to support the proposal and prepare a Draft Local Environmental Plan. Conclusion Given the above, and considering that the land is adjoining and adjacent to residential development, it is recommended that the draft plan (as detailed in Attachment 1) be adopted for exhibition in accordance with the former Department of Urban Affairs and Planning’s Best Practice Guideline (January 1997).

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Attachment 1

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 BLUE MOUNTAINS ENVIRONMENTAL PLAN NO. 148 I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. Minister for Planning Sydney, 2002 1 Name of Plan

This plan is Blue Mountains Local Environmental Plan No. 148.

2 Aim of Plan

The aim of this plan is to enable the use of the land to which this plan applies for recreation purposes.

3 Land to Which Plan Applies

This plan applies to Lots 1 and 2 in Deposited Plan 945558 and Lot 92 in Deposited Plan 7290 having frontage to Noble Street, Bullaburra, as shown edged heavy black on the map marked “Blue Mountains Local Environmental Plan No. 148” deposited in the office of the Council of the City of the Blue Mountains.

4 Relationship to Other Environmental Planning Instruments

This plan amends Blue Mountains Local Environmental Plan No. 4 as set out in clause 5.

5 Amendment of City of Blue Mountains Local Environmental Plan No. 4

Blue Mountains Local Environmental Plan No. 4 is amended by inserting at the end of the definition of “the map” in clause 6(1) the following words:

Blue Mountains Local Environmental Plan No. 148

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Attachment 2

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ITEM NO: 14 SUBJECT: PRIVATE CERTIFICATION IN THE BLUE MOUNTAINS FILE NO: C02899 Recommendations: 1. That the Report on private certification of development and building functions in the

Blue Mountains be received and noted. 2. A copy of the Report be forwarded to Planning NSW for consideration in its Audit

Program of Private Certifiers. Report by Group Manager, Health and Development: Introduction Council at its Meeting on 9 October 2001 considered a Notice of Motion in relation to the private certification of development and building control functions in the Blue Mountains and resolved: “That Council receives a report on:

• Issues identified by officers with the introduction of Private Certification in the Blue Mountains;

• Impacts on the operations of Council including the monitoring of sites, enforcement and statutory provisions;

• Advice on any monitoring and/or reviews being undertaken by the State Government.” Background In July 1998 significant amendments to the Environmental Planning and Assessment Act, 1979, came into effect enabling a section of development and building control functions previously undertaken by local councils to be open to competition from private accredited certifiers. This work includes: § Complying Development Certificates (development consent for minor works). § Construction Certificates (a compliance check of building or subdivision work against the

terms of development consent and, in the case of building work, the technical provisions of the Building Code of Australia and Australian Standards).

§ Compliance Certificates (certification that specified building or subdivision work complies with identified standards eg inspections of buildings under construction, or that a specified aspect of development complies with certain provisions, or that a specified condition of development consent has been complied with).

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Other key changes included the review of assessment criteria for development applications and the introduction of ‘integrated’ development consent, whereby concurrence from other authorities was integrated into the development assessment process. Discussion Issues identified by officers with the introduction of Private Certification in the Blue Mountains. Since the amendments to the Environmental Planning and Assessment Act, 1979, in July 1998, Council officers have identified a number of issues associated with the introduction of private accredited certifiers in the Blue Mountains. The major matters can be categorised into the following key areas:

1. Breaches of Legislative Provisions: Council officers have identified or pursued a limited number of breaches of the relevant legislative provisions of the Environmental Planning and Assessment Act associated with private certification. These include: • Construction Certificates (formerly Building Approvals) being issued by private

accredited certifiers for developments that are contrary to the terms of the Development Consents granted by Council;

• Occupation Certificates and Interim Occupation Certificates being issued by private Principal Certifying Authorities (PCAs) while there are still outstanding health, safety and/or environmental matters associated with the development;

• The failure by persons having the benefit of Development Consents to notify Council at least two (2) days prior of their intention to start work;

• PCAs permitting variations to developments and buildings without obtaining or seeking modifications to the Development Consent.

Furthermore, it is possible that issues will arise in the future relating to the issue of Complying Development Certificates for developments that do not comply with the relevant criteria under Council’s Development Control Plan No. 33 – Exempt and Complying Development. Council officers to date, however are not aware of any such instances occurring in the Blue Mountains Local Government Area.

2. Lack of Clarity/Uncertainty in Roles and Responsibilities: The changes to legislation opening up certain aspects of the development/building approval process to competition from private accredited certifiers have lead to some confusion as to the role and responsibility of each of the various stakeholders. Particular issues identified include: • The statutory provisions do not clearly define the roles and responsibilities for both

consent authorities, including Councils, and private accredited certifiers under the legislation. In particular, the legislation does not clearly define what responsibilities an accredited certifier has for ensuring non-building related conditions of a development consent are complied with or enforced;

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• Planning NSW (former Department of Urban Affairs and Planning) have been

reluctant to take a lead in providing guidance in clarifying this issue; • The liability of each of the various stakeholders for claims arising out of the

development/building process is still to be tested. 3. Enforcement: • Private PCA’s have on occasion appeared reluctant to report or pursue breaches of

development consents by their clients; • Accreditation bodies have appeared reluctant to pursue complaints against accredited

certifiers accredited by them with the vigour and timeliness that Officers have considered necessary;

• At least one (1) accreditation body is located interstate which has lead to difficulties in pursuing issues relating to certifiers accredited by that body.

4. Resource Implications: Councils are incurring additional costs as a result of the changes in legislation, including: • Administrative costs associated with the registration and holding of the various

Certificates issued by private accredited certifiers; • Monitoring and enforcement costs associated with investigating and pursuing

complaints relating to developments in which a private accredited certifier has issued a Construction Certificate/Complying Development Certificate or has been appointed as the PCA for the project.

While Council can impose a fee to recover those administrative costs associated with registering certificates, Council is generally unable to charge or recover the costs incurred in investigating complaints.

5. Other Issues: Further issues have included: • The absence of technical documentation relating to the design of buildings supervised

by private PCA’s has made it difficult for Council officers to investigate complaints relating to the construction of buildings;

• There is evidence of some PCA’s relying on third party certification to certify certain aspects of buildings, rather than carrying out inspections themselves. However in these cases, third party certifiers generally confine their inspection to the relevant building components and do not check for compliance with other aspects of the Development Consent;

• Many private accredited certifiers are not familiar or have little or no experience with Council Plans and Policies or environmental constraints found in the Blue Mountains;

• There have been instances of marketing and advertising by private accredited certifiers apparently misrepresenting or misleading the public regarding aspects of the development process;

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• There have been instances where the relationship between a private PCA and their

client deteriorates and the PCA has then been reluctant to respond to Council enquiries regarding the development.

Impacts on the Operations of Council including the Monitoring of Sites, Enforcement and Statutory Provisions. The issues identified above have had an impact on Council’s operations. While it has been necessary for Council to adopt new administrative processes and procedures, fee schedules, etc, relating to the registration of certificates issued by private accredited certifiers, by far the most significant impact on Council’s operations is associated with monitoring and enforcement. On occasions, considerable resources without any recompense have been expended investigating complaints associated with developments where a private accredited certifier has issued a Construction Certificate/Complying Development Certificate or has been appointed as the PCA for the project. This has involved undertaking inspections and, where necessary, appropriate action to ensure compliance with the terms of the development consent or Council’s Plans and Policies, including the service of formal Notices and Orders and legal action. The time and resources needed to pursue investigations in respect to developments involving a private accredited certifier compared to those in which Council undertakes the certification role is considerable greater. In this regard, where Council is appointed the Principal Certifying Authority, it is generally in possession of all relevant documentation and undertakes regular inspections to monitor the progress of the development. Officers are therefore more likely to have a greater understanding of the details of the development and become aware at an early stage of any issues that may arise. This contrasts with projects in which a private accredited certifier is appointed. Council generally only becomes aware of an issue of concern with these projects through the receipt of a complaint or general observation by Council officers. The time and resources expended in investigating can be compounded by the apparent reluctance of the private accredited certifier to report or pursue a breach or otherwise assist Council in investigating matters involving their client. Furthermore, Council generally has a limited recourse to recover the costs associated with investigating complaints involving developments supervised or certified by private accredited certifiers other than the issue of PINs (Penalty Infringement Notices) or formal legal proceedings. Advice on any Monitoring and/or Reviews being undertaken by the State Government. Planning NSW have commenced a program auditing private accredited certifiers. The Planning NSW officer responsible advises that the first stage of the program involves writing to those Councils who have lodged a complaint with them regarding the conduct of an accredited certifier(s) in relation to a completed development within their local government area seeking nominations for projects to be included in the audit.

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A review will then be undertaken of those completed projects and a report prepared for the consideration of any further action. Stage 2 of the audit will involve a more detailed review of a selected number of those projects, including interviewing the relevant accredited certifiers. Council Officers have drawn the attention of several sites in the City where there have been certification issues to the attention of Planning NSW.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 29/01/02

ITEM NO: 15 SUBJECT: FEE WAIVER FOR LAND USE APPLICATIONS SUBMITTED BY

LOCAL NON-PROFIT ORGANISATIONS FILE NO: C02736 Recommendations: 1. That Council proceed with the revised approach and criteria relating to Land Use

Applications from Non-Profit organisations in accordance with the terms of Council’s previous resolution.

2. That an annual report be provided to Council identifying the organisations who

received support and the total amount that is in effect financial support supplied by Council.

Report by Group Manager, Strategy: Introduction Council, at its Ordinary Meeting of 24th October 2000, resolved:

“1. That in accordance with Section 610 A(2) Council give public notice of 28

days of its intent to allow organisations meeting the following criteria to be eligible for the waiver of fees relating to future Land Use Applications, (within the yearly allocated budget for this purpose):

- Written applications must be from designated non-profit locally based

community organisations/groups within the Blue Mountains - Fee waivers to only apply towards fees associated with Land Use

Applications - The maximum fee waiver will be $500 for any organisation in a given

financial year - Fee waivers to relate to non-contestable services only so as to ensure

that competitive neutrality principles are maintained. 2. That the results of the public notification be reported back to council for a

final decision.”

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FACILITATING COMMUNITY DEVELOPMENT Item 15 - Ordinary Meeting, 29/01/02

Key matters raised in the report of 24th October, included;

(a) provision of delegated authority to the General manager to determine fee waivers provided a number of criteria are met;

(b) determination of a criteria for determining fee waiver; and (c) the revised process proposed for dealing with fee waivers.

The Benefits of the Revised Process Currently, Development Application fees are reimbursed to organisations after they have already paid them, and after being reported each time to Council. The revised approach proposed for dealing with fee waivers has the potential to further streamline the process of handling such requests by removing the necessity for reporting each request to Council. Public Exhibition In response to the above resolution, in accordance with Section 610 A(2) an advertisement appeared in the Blue Mountains Gazette, calling for any comments with regards to Land Use Applications Submitted by Local Non-Profit Organisations and allowing 28 days for comment. No responses were received. Recommendation It is recommended that Council proceed with the revised approach and criteria for Fee Waivers relating to Land Use Applications from Non-Profit organisations. The fee waiver is in effect a financial contribution by Council and as such should be publicly recorded and acknowledged. It is recommended that Council receive an annual report identifying the organisations and the extent of financial support presented.

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FACILITATING COMMUNITY DEVELOPMENT Ordinary Meeting, 29/01/02

ITEM NO: 16 SUBJECT: COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONS

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

Organisation Amount

Blaxland High School $100 Rotary Club of Lower Blue Mountains $125

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 Blaxland High School Prize for Blaxland High Writers Festival

$100

Cr S Burridge Rotary Club of Lower Blue Mountains

Australia Day in Glenbrook

$125

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TRANSPORTATION & ROADS Ordinary Meeting, 29/01/02

ITEM NO: 17 SUBJECT: RECONSTRUCTION OF PARK ROAD, WOODFORD - CONTRACT

NO. TS 42/01 FILE NO: C05595 Recommendation: That Council accepts the tender submitted by J. Shaw Paving Surfaces for the reconstruction of Park Road, Woodford. (Contract No. TS 42/01), for the sum of $156,536.98, ($142,306.35 plus $14,230.63 GST) Report by Acting Group Manager, BM City Services: This report recommends acceptance of a tender for the reconstruction of Park Road, Woodford, under the Capital Works Program. Background The Construction is part of the 2001/2002 Capital Works Program. The proposed construction will minimise the quantity of sediment and silt currently running from the existing unsealed road. The construction consists of the Reconstruction of the existing Pavement, Erosion Control Kerb, Concrete Roll- top Gutter, Pavement Sealing by others, Drainage Outlets, Minor Landscaping and Associated Works. On completion of the reconstruction, a two coat sprayed bituminous surfacing seal of Park Road will be carried out by SAMI Pty. Ltd., who are Council’s current “All Services – Sprayed Bituminous Surfacing” Contractor. Discussion Tenders, closing at 2:00 p.m. on Tuesday 15 January 2002, were invited for the construction of the above project. The following tenders were received and are ranked in order of price following a review of their schedule of rates to arrive at the lump sum price, with the lowest first and the highest last:

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TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 29/01/02

TENDERER

J. K. WILLIAMS CONTRACTING PTY. LTD Lowest Price J. SHAW PAVING SURFACES GRAHAM’S EXCAVATIONS KENCO CONSTRUCTIONS PTY. LTD. J. A. BRADSHAW PTY. LTD. NORTH SHORE PAVING CO. PTY. LTD. Highest Price All tenders submitted were scrutinised for errors and or discrepancies. A discrepancy was found between the Lump Sum Price and the Schedule of Rates in J. Shaw Paving’s tender and the Tender Evaluation Panel met with the Tenderer at the Council Offices during which J. Shaw confirmed the corrected amount as $156,536.98. All conforming tenders were assessed using a weighted attribute evaluation method relating to selection criteria specified in the brief and in accordance with Local Government Tendering Regulation 1999.

ITEM ATTRIBUTE WEIGHTING 1 Relevant experience with similar projects 10%

2 Performance on previous projects 5%

3 Environmental Management & Traffic/ Pedestrian Management Plans

15%

4 Risk Management System 10%

5 Price 60%

TOTAL 100%

Assessment of each submission was based on the ability of the contractor to meet the requirements of the brief, selection attributes and in providing the essential documents requested in the brief. A copy of individual Tender assessments, based on the evaluation criteria listed above, is available on file for Councillors information. The resulting total weighted attributes are listed in order below (most favourable to least favourable):

ITEM TENDERER TOTAL WEIGHTED ATTRIBUTE

1 J. SHAW PAVING 4.33

2 J. K. WILLIAMS CONTRACTING PTY. LTD 3.8

3 GRAHAM’S EXCAVATIONS 3.71

4 KENCO CONSTRUCTIONS PTY. LTD. 3.68

5 J.A. BRADSHAW PTY. LTD. 3.04

6 NORTH SHORE PAVING CO. PTY. LTD. 2.22

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TRANSPORTATION & ROADS Item 17 - Ordinary Meeting, 29/01/02

The references for the recommended Contractor were checked by the selection panel and were found to be satisfactory. The Contractor’s financial status was also checked using Australian Securities & Investments Commission current extracts and found satisfactory. These are available on file. The assessment confirmed that the tender from J. Shaw Paving. had the highest weighted attribute of 4.33 out of 5. Conclusion The Tender submitted by J. Shaw Paving meets the requirements of the Tender Documents and Specification. J. Shaw Paving is an experienced civil and roadworks contractor with sufficient resources and appropriate management skills to complete this project. The tender from J. Shaw Paving offers the highest benefits to Council’s ratepayers for the work involved. Comment by Tender Review Committee The Tender Review Committee has reviewed the tender procedure and is satisfied as to the fairness of the process. Funding of $204,080.00 for this proposed contract is available in the 2001 / 2002 Capital Works Program.

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NOTICE OF MOTION Ordinary Meeting, 29/01/02

ITEM NO: 18 SUBJECT: YELLOW ROCK VOLUNTEER BUSHFIRE BRIGADE FILE NO: C01728 By Councillor D Myles and C Van der Kley:

“That this Council call on the State Government to establish a Volunteer Bushfire Brigade within the boundaries of the suburb of Yellow Rock.”

Note by Councillors Myles and Van der Kley: Prior to the recent bushfires there was a general feeling that the Yellow Rock area could be adequately covered by existing fire resources. The sheer magnitude of the fires has shown that resources can be stretched to the limit, and despite outstanding efforts by the fire fighters, not every area can be covered. This motion is to draw to the attent ion of the State Government the recent events which have occurred out at Yellow Rock, including the cutting of Singles Ridge Road twice, the loss of three homes and burning of all bushland areas around the township. Councillors will note that, under the Service Level Agreement between Council and the Rural Fire Service, the establishment of new Brigades is a Rural Fire Service responsibility. As an affected organisation, it is appropriate for the BMCC to draw the State Government’s attention to the lessons of the bushfires. The absence of the Yellow Rock Brigade is one of those lessons.

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ITEM NO: 19 SUBJECT: PROPOSED QUARRY NEAR WALLERAWANG FILE NO: C00308 By Councillor T Hamilton:

“1. That Council, by 6 February 2002, makes a submission to planning NSW (formerly DUAP) on the EIS for the proposed quarry near Wallerawang:

(a) expressing concern regarding the proposed increase in heavy vehicles

traversing the Great Western Highway through the Blue Mountains; (b) requesting that, if approval is granted to the proposal, any product

material intended for the Blue Mountains or Sydney regions should be transported on the rail system;

(c) expressing concern regarding any potential impacts on the Cox’s River. 2. That Council writes to the Member for the Blue Mountains, the Hon Bob

Debus, requesting that he uses his best endeavours to ensure that, if the development proceeds, rail is the only option for transport of the product material to the Blue Mountains or Sydney regions.”

Comments by Councillor Hamilton It is proposed to develop a hardrock quarry at a location approximately 2.5 km southeast of Wallerawang. The quarry is located south of the Great Western Highway and to the west of the Cox’s River. The quarry will produce approximately 3.5 million tonnes of quartzite and rock aggregate over a 20 year period for use in the Wallerawang, Lithgow, Blue Mountains and Sydney regions. The proponent states that, at the maximum production rate, an estimated 80 loads or 160 vehicle movements will be generated by the project each day. The Great Western Highway at Wallerawang may also be closed for short periods of time during blasting, which is estimated to occur once a fortnight. Residents have expressed their concern to me regarding this proposal. They are alarmed at the prospect of more heavy vehicles using the already congested Great Western Highway. It is felt that rail is the transport option that should be used, not only for this proposal, but also for any future developments that mean an increase in heavy vehicles traversing the Blue Mountains.

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ITEM NO: 20 SUBJECT: ASSISTANCE FOR CRITICAL REMEDIAL WORK TO STABILISE

LAND CLEARING THAT OCCURRED TO RENDER SAFETY IN THE RECENT BUSHFIRES

FILE NO: C01990 By Councillors A Henson and H Kozelj:

“That Council makes urgent representation to the Hon Bob Debus, Member for Blue Mountains, Minister for the Environment and Emergency Services, requesting financial and man power assistance to implement critical remedial work, to hold back the sediment that will threaten the water catchment, after the land clearing that has taken place to render safety in the recent fires.”

Note by Councillors Henson and Kozelj: Concern has been expressed, and calls for urgent action have been requested, to stabilise the areas where bulldozing occurred to render safety in the recent bushfires. It is felt that immediate steps should be taken to address the serious risk facing the water catchment. Remedial work has to start immediately as areas are being identified by the community. If the sediment is not contained before the rains start, usually January and February, it stands to wash into our waterways and all the remedial work that has been put into place over the years to keep the catchment in a good state will be cancelled. We cannot wait for long term reports. Stabilisation of these areas is needed now. This is a matter for the Greater Sydney area, not just the Blue Mountains. It should be a State responsibility.

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ITEM NO: 21 SUBJECT: FORMATION OF A SPORTS COUNCIL FILE NO: By Councillor D Myles:

“1. That the Council staff investigate the possibility of forming a Sports Council to act as an umbrella group for Sporting Clubs across the City.

2. That regard be paid to how such a body might fit in with Future

Directions and the Management Plan.”

3. That the results be reported back to the Councillors.” Note by Councillor Myles: Hawkesbury City Council operates a Sports Council, for the purposes of sports field maintenance, risk management and as a general advocacy body for Sporting Clubs within the District. There appear to be advantages from this kind of organisation for both Sports Clubs and the Council. While there are several models for a Sports Council including one at Penrith City Council, this report asks that the general concept be examined to determine which configuration, if any, would be the most appropriate for the Blue Mountains.

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PRECIS OF SELECTED CORRESPONDENCE Ordinary Meeting, 29/01/02

ITEM NO: 22 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 29/01/02 FILE NO: C00680 Recommendation: That the Precis of Selected Correspondence be received and appropriate letters forwarded where necessary. 1. 10/12/2001 - Councillor Robert I Wilson OAM, Mayor, Parkes Shire Council Congratulating those concerned in conducting the recent Centenary of Federation

Celebrations, and in particular the manner in which Councilor Yvonne Hutton and her husband Jim were received and the hospitality offered them at this event.

2. 10/12/2001 - David Parsons, Unit Controller, State Emergency Service, Blue

Mountains Unit Expressing appreciation for assistance rendered by Council staff during the November

storms, in particular the carrying out of a registration inspection during the rescue team’s break in order that emergency operations not be interrupted.

3. 10/12/2001 - 6 Petitioners from Tableland Road, Wentworth Falls Seeking Council approval for proposed driveway access at No. 17 Tableland Road. 4. 11/12/2001 - Christine U’Brien, Secretary/Recorder, Springwood Area Safety

House Committee On behalf of the Committee, thanking appropriate Council staff for the Internationa l

Year of the Volunteer Day held on 25 November 2001 at Springwood, and noting that the day was a great success.

5. 11/12/2001 & 21/1/2002 - The Hon Andrew Refshauge MP, Minister for Urban

Affairs and Planning Two letters, one addressed to the Hon Bob Debus MP, Member for Blue Mountains,

and one addressed to the Hon Faye Lo Po’, Member for Penrith, regarding Council’s recent representations in relation to the Area Assistance Scheme and the impact the Scheme has on the development of community services in the Blue Mountains.

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PRECIS OF SELECTED CORRESPONDENCE Item 22 - Ordinary Meeting, 29/01/02

Noting that the recent Triennial Review of the Scheme reinforces Council’s comments that the Scheme builds on local initiatives and partnerships with local community organisations, meets priorities and brings together community organisations and local and state government in planning and delivery of community development projects, and that the Triennial Review Report is currently being prepared and will be provided to local councils electronically. Also advising that the Department of Urban Affairs and Planning will be promoting the new directions that the Minister has endorsed through the establishment of the Community Infrastructure Unit and outcomes framework.

6. 12/12/2001 - Pam Crafoord, Secretary, Braemar Management Committee Complimenting Council and appropriate staff on the improvements carried out in the

Springwood Town Centre this year and those planned for 2002, and in particular for the prompt action in trimming the lower branches of the pine trees between Braemar House, Springwood Civic Centre and the Neighbourhood Centre.

7. 12/12/2001 - Christina Webber, Honorary Secretary, Blue Mountains Lantern

Club Thanking Council for its gesture made to the volunteers in the area, in the organising

of the International Year of the Volunteer Day, recently held at Springwood, and expressing appreciation of the time and effort required to organise the day.

8. 13/12/2001 - Mrs L Hart, Glenbrook Thanking a Council staff member for organising the removal of an uprooted tree

which landed on her property when it fell from a neighbouring yard. 9. 14/12/2001 - John Adams, Secretary, Glenbrook Little Athletics Centre Thanking Council staff for providing and emptying extra garbage bins during the Blue

Mountains Little Athletics Zone Championships recently held at Glenbrook Oval. 10. 19/12/2001 - N Herps, Blaxland Thanking Council for the clean-up recently carried out in Powell Street, Blaxland. 11. 19/12/2001 - John Carter, A/Nature Conservation Co-ordinator, Department of

Conservation and Land Management, Perth Thanking Council staff for their assistance, during his recent visit to the Blue

Mountains when undertaking a study tour, and in particular the presentation made by staff.

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12. 19/12/2001 - The Hon R Debus MP, Member for Blue Mountains Seeking Council’s support to the next stage of a statewide campaign to address the

litter problem. This stage, scheduled to air on 30 December and continue throughout January when people are travelling to and from holiday destinations, will focus on littering from vehicles.

Also advising that the Environment Protection Authority is working with Resource

NSW to brief councils about the litter campaign over the next few weeks and will be asking for Council’s participation through boosted enforcement, education and publicity activities in January and over the next six months.

13. 21/12/2001 - Graham Bargwanna, Regional Manager, Mission Australia

Responding to the Mayor’s recent contact with him expressing concerns about Intelife, advising of a recent meeting with Blue Mountains Sustainable Living Group, and alerting Council to plans to undertake a strategic review of Intelife in the first 6 months of 2002.

14. 27/12/2001 - 49 Petitioners from Mt Wilson and Mt Irvine

Calling on Council to classify the land on which the Mt Wilson Village Hall is

situated as an area of ‘Cultural Significance’ instead of ‘Community Use’. Comment by Group Manager, Assets and Corporate Services: The draft Plan of Management for the Mount Wilson Hall has been on exhibition for

public comments and submissions. The petition has been referred to Council’s consultants for assessment with other submissions received. Details of the assessment will be reported to Council when Council next considers the Draft Plan of Management and categorisation of the land, which is expected to be in March.

15. 3/1/2002 - Cathi Roberts, Partner, McCarthy & Roberts

Forwarding compliments on the assistance given to her firm by two Council officers from Katoomba Office as well as the staff at Springwood Office.

16. 3/1/2002 - 9 Petitioners from Glenbrook Regarding illegal dir t bike tracks in the Reading Street Reserve in West Street,

Glenbrook and asking Council to act to enforce the environmentally protected status and zoning of this site.

17. 7/1/2002 - Anne Hornshaw, Blackheath Expressing appreciation for the repairs carried out to the vandalised stormwater drain

outside her home.

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18. 8/1/2002 - John Hill, Katoomba Commending Council for its Bushcare Program, and congratulating staff involved in

the program for their guidance and personal commitment. 19. 9/1/2002 - 18 Petitioners from Woodlands Road, Katoomba

Requesting a Traffic Impact Study for the proposed cold store warehouse at 32

Woodlands Road, Katoomba. 20. 14/1/2002 - Daniel Lewis, Night Chief-of-Staff, The Sydney Morning Herald Expressing appreciation of staff members for their assistance during the recent

bushfire crisis. 21. 16/1/2002 - 6 Petitioners from Katoomba

Asking Council to take action in the matter of a nuisance dog in the Minni Ha Ha area.

22. 18/1/2002 - Clive Bradshaw

Expressing appreciation for the work of staff he noticed collecting garbage on Christmas Eve.

23. 21/1/2002 - The Hon Kim Yeadon MP, Minister for Energy Two letters, one addressed to the Hon Bob Debus MP, Member for Blue Mountains,

and the other to the Hon Faye Lo Po’ MP, Member for Penrith, referring to Council’s representations concerning the provision of sewerage services to the Blue Mountains.

Advising that sewerage services are being progressively provided to unsewered areas

across the Sydney region in accordance with priorities of environmental and public health improvements, and that the Blue Mountains Stage 2 area is expected to be completed by 2007, subject to applicable approvals.

Also advising that, while Sydney Water does not support the extension of a subsidised

pumpout service to additional landowners as recommended in Council’s Sewerage Strategy, the Corporation will consider Council’s request for an increase in the allowance from 80 kl to 100 kl and for an additional septic tanker station.

24. 21/1/2002 - Councillor Mark Greenhill, President, Western Sydney Regional

Organisation of Councils Limited (WSROC) Advising that WSROC has forwarded a proposal for the preparation of a regional

vision to member councils for consideration. The regional vision is seen as a mechanism for local government to clearly articulate the needs and aspirations of residents and local communities in Western Sydney and to propose regional strategies for them to be addressed.

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Also, envisaging that a regional vision statement could be launched later this year with formal work to prepare the vision and associated regional planning framework beginning at the start of the 2002-03 financial year. This would allow WSROC the time to work with member councils on refining the project and to prepare a detailed submission to the proposed legislative changes to the Environmental Planning and Assessment Act. A detailed report will be prepared for the Board when feedback has been received from member councils and proposed legislative changes to the EP&A Act are introduced to the NSW Parliament.

25. 22/1/2002 - 14 Petitioners from Mount Victoria Asking Council to give the widening and sealing of Chatsworth Road, Mount Victoria

a higher priority than it presently holds. At present, the access to and from properties located on Chatsworth Road is poor and will be exacerbated by builders’ trucks travelling back and forth to new building blocks on the road.

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QUESTIONS WITH NOTICE Ordinary Meeting, 29/01/02

ITEM NO: 23 SUBJECT: SEWER CONNECTION - YELLOW ROCK AND HAWKESBURY

HEIGHTS FILE NO: C01700 Question by Councillor A Henson (29/1/02):

“1. What is the proposed time frame for connection to the sewer for Yellow Rock and Hawkesbury Heights?

2. Will the connection include the unsewered northern side of Hawkesbury Road

in Winmalee?”

Note by Councillor Henson It has been announced that some 600 properties in Yellow Rock and Hawkesbury Heights will be connected to the sewer. The project is part of the State-wide program to clean up our waterways including the Hawkesbury-Nepean. While residents are pleased that it is finally going to happen they would like to know when. My Notice of Motion to Council dated 17/7/01 specifically asked this question and made the following notes:

“That council writes to the State Member for Blue Mountains, Mr Bob Debus requesting that he makes further urgent representation, on behalf of the residents of Hawkesbury Heights and Yellow Rock, to the State Government, the Hon Kim Yeadon, Minister responsible for Sydney Water requesting an assurance that when this matter goes to Cabinet that sewerage to the two villages is not postponed to as late as 2010. Note by Councillor Henson I understand there is a Cabinet paper being prepared for the purpose to get a government commitment on this when it goes to Cabinet later this year.

While I believe these areas are ranked as a high priority and are on the agenda for as early as 2006 I have learned that it could be postponed to as late as 2010. Residents need a commitment from the government to provide sewerage to these areas as early as possible and they feel 2006 is not soon enough. It is felt that 2010 is unacceptable in these sensitive areas.”

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ITEM NO: 24 SUBJECT: ZONINGS FOR VARIOUS LANDS AT YELLOW ROCK IN LEP 2001 FILE NO: C03150 Question by Councillor A Henson (29/1/02):

“1. Are various lands at Yellow Rock being considered for rezoning for subdivision and further residential development as part of Draft LEP 2001 or as future amendments to LEP 1991?

2. If so, what zonings are being considered; if not, what is the current position on

these lands and have there been any proposals or applications since 1997.”

Note by Councillor Henson In 1995, after dealing with a rezoning application and looking into the EMP 1 Study, I made enquiries to Council regarding various lands at Yellow Rock which were zoned Bushland Conservation (No Subdivision) and Environmental Protection under Amendment 2, LEP 1991. Council sought to have this, and other lands, zoned for subdivision at the time. This was declined by the Department of Planning. At a later date, the Council again resolved to prepare a plan, however the Certificate for exhibition was declined by the Department. This was due to a range of issues of regional concern to the Department. Some of the reasons were lack of reticulated sewer, the lack of any community services and the potential for increased exposure to bushfire risk and environmental degradation. In 1997, I made further enquires and Council advised that a request for rezoning was withdrawn given the consistent advice by the Environment Protection Authority that rezoning of these lands would not be supported until the above issues had been considered. Council was advised that the Department would only reconsider rezoning on the basis that Council consults with all relevant agencies such as the Water Board, the Environment Protection Authority, the Hawkesbury-Nepean Trust and the Department of Bushfire Services. In the light of Council developing new environment plans, the recent fires that devastated Yellow Rock, the lack of water pressure that appeared during this emergency period, the burning of the only hall, the guides hall (not owned by the community), and the total lack of community services, residents would like to know what Council is doing about future planning and if Council is going to allow further development in this isolated area which has only one road in and out.

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ITEM NO: 25 SUBJECT: REQUEST FOR SHELTER AT SPRINGWOOD - SKATEBOARD

AREA FILE NO: H01000 Question by Councillor A Henson (29/1/02):

“What is happening to the request for a shade shelter for the young people who use the skateboard area at Springwood Station?”

Note by Councillor Henson: Last year, via a Notice of Motion and personal representation, I requested that the old shade sheds from the old Springwood Pool complex be relocated to the skateboard area in Springwood. In the Business Paper of 26/6/01, under the Management Plan, in response, we were advised of the following:

“Shade shelters had been allocated to be re-used at Lawson Pool and are therefore not available to meet this request. Staff will inspect the site to see what is possible within the conditions on which the site is made available.”

Since this time there has been further representation by members of the public for Council to assist in this matter. A state of the art structure is not required and a simple solution would be acceptable.

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ITEM NO: 26 SUBJECT: COMMUNITY EDUCATION VIDEO ON FIRE THREAT IN THE

BLUE MOUNTAINS FILE NO: C02912 Question by Councillor A Henson (29/1/02):

“When will the education video on bushfire matters be made available to the public?” Note by Councillor Henson The Council resolved at its Meeting of 23 March 1999, in part, to support expenditure on a community education video. This was initiated following a briefing for Councillors on the Southern Strategic Line Project in 1998. The briefing was, in essence, a background session which covered such matters as the fire threat from the south, contemporary risk planning and progress on the strategy itself. I understand that there has been a revised approach and that there have been a number of changes in direction since that first briefing, particularly in relation to greater emphasis on protection at the urban interface. In making representation to Council, I received advice on 4 July 2000 that the video had been deferred due to the new directions being taken on the Southern Strategic Line Project. Since the recent fires that devastated vast sections of the Mountains, there has been much talk about the need to have proper community education so that we all can learn more about what role we can play in living in one of the most beautiful, but high to extreme fire prone, areas in the world. A public suggestion has come forward for the Fire Brigade to run classes to educate people in what to do and how to prepare and save their properties. A community education video as was recommended by Councillors, based on the original presentation by the consultants in 1998, and further face to face public education is considered warranted and should be implemented.