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BLUE MOUNTAINS CITY COUNCIL ORDINARY MEETING 2 December 2008 INDEX Minute File No. SUBJECT Page 753 C00679 Apologies 3 754 C00336 Confirmation of Minutes - Ordinary Meeting – 11 November 2008 3 C00336 Declarations of Interest - Ordinary Meeting, 2 December 2008 4 755 F03788 Reimbursement of airfare to attend Sister City annual marathon 4 756 C01055 Delegation of authority during the Christmas and New Year recess 5 757 C00694 Schedule of Invested Monies 5 758 F04442 Expressions of Interest – Panel of Construction Service Providers – 2008-EOI002 5 759 F04070 Insurance Pool Service provider tender 6 760 C00994 Community Assistance / Donations – Recommendations by Councillors 6 761 F01268 Resignation from the Braemar House and Gallery 6 762 F00290 Resignation and Appointment – Warrimoo Tennis Courts Committee 7 763 F04805 Heatherbrae House – Response to Matter of Urgency 7 764 F03928 Katoomba Airfield – Response to Matter of Urgency 7 765 F00506 Variation in budget and contract amount for the construction of the Winmalee skate park 8 766 A51262-E Roads and Traffic Authority acquisition of easement of drainage - Lawson 9 767 F04268 Results of Public Exhibition and Public Hearing for Draft Amendment No. 13 to LEP 2005 10 768 F03467 Draft Policy – Temporary Fencing / Barrier Systems 11 769 X/773/2006 Development Application No. X/773/2006 for the construction of vehicular access on Part Lot 99, DP 751646, Leura Oval, Pt R52069, 34-36 Gordon Road, Leura 11 770 A62325-E Council opinion as to whether or not the proposed alterations and additions to the Blaxland Waste Management Facility are declared to be designated development under the Environmental Planning and Assessment Act 1979 20 771 A75486-E Council opinion as to whether or not the proposed slope stabilisation and water management works at the dormant Lawson landfill site are declared to be designated development under the Environmental Planning and Assessment Act 1979 21 772 X/885/2006 Development Application and Construction Certificate No. X/885/2006 for a two storey dwelling and associated road construction on Lot 5 Section G DP 625, Eurama, Badham Street, Faulconbridge 22

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Page 1: SUBJECT File No. Page - Home | bmcc.nsw.gov.au...2008/12/02  · Committee member and Gallery volunteer with a letter of appreciation. * * * * * * * * * * MINUTE NO. 762 7. F00290

BLUE MOUNTAINS CITY COUNCIL

ORDINARY MEETING

2 December 2008

INDEX

Minute File No. SUBJECT Page753 C00679 Apologies 3754 C00336 Confirmation of Minutes - Ordinary Meeting – 11 November

2008 3

C00336 Declarations of Interest - Ordinary Meeting, 2 December 2008 4755 F03788 Reimbursement of airfare to attend Sister City annual

marathon 4

756 C01055 Delegation of authority during the Christmas and New Year recess

5

757 C00694 Schedule of Invested Monies 5758 F04442 Expressions of Interest – Panel of Construction Service

Providers – 2008-EOI002 5

759 F04070 Insurance Pool Service provider tender 6760 C00994 Community Assistance / Donations – Recommendations by

Councillors 6

761 F01268 Resignation from the Braemar House and Gallery 6762 F00290 Resignation and Appointment – Warrimoo Tennis Courts

Committee 7

763 F04805 Heatherbrae House – Response to Matter of Urgency 7764 F03928 Katoomba Airfield – Response to Matter of Urgency 7765 F00506 Variation in budget and contract amount for the construction

of the Winmalee skate park 8

766 A51262-E Roads and Traffic Authority acquisition of easement of drainage - Lawson

9

767 F04268 Results of Public Exhibition and Public Hearing for Draft Amendment No. 13 to LEP 2005

10

768 F03467 Draft Policy – Temporary Fencing / Barrier Systems 11769 X/773/2006 Development Application No. X/773/2006 for the

construction of vehicular access on Part Lot 99, DP 751646, Leura Oval, Pt R52069, 34-36 Gordon Road, Leura

11

770 A62325-E Council opinion as to whether or not the proposed alterations and additions to the Blaxland Waste Management Facility are declared to be designated development under the Environmental Planning and Assessment Act 1979

20

771 A75486-E Council opinion as to whether or not the proposed slope stabilisation and water management works at the dormant Lawson landfill site are declared to be designated development under the Environmental Planning and Assessment Act 1979

21

772 X/885/2006 Development Application and Construction Certificate No. X/885/2006 for a two storey dwelling and associated road construction on Lot 5 Section G DP 625, Eurama, Badham Street, Faulconbridge

22

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INDEX Cont

Minute File No. SUBJECT Page773 X/701/2008 Development Application No. X/701/2008 for the sealing of

three (3) netball courts and associated works on Lot 7009 DP 1055673, Lapstone Reserve, 2-4 Explorer’s Road, Lapstone

44

774 X/243/2008 Development Application No.X/243/2008 for additions and alterations to the dwelling on Lot 4 Section K DP 25369, 2 Second Street, Blackheath

51

775 X/1195/2007 Development Application No. X/1195/2007 for additions and alterations to the Three Sisters Plaza, 33-37 Echo Point Road, Katoomba

57

776 F00088 Adoption of Burra Charter 57777 F00088 Graffiti Summit 58778 F00088 Community Garden in Lawson 58779 C00680 Precis of Selected Correspondence, 02/12/2008 58780 C00336 Procedural – Recommittal of Item 24 59 C00680 Precis of Selected Correspondence, 02/12/2008 59781 F00086 Question Without Notice – Precis of Selected

Correspondence, 02/12/2008 59

782 C00336 Procedural – Question that Meeting Close 59

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Confirmed Minutes Ordinary Meeting, 02/12/2008

Minutes of the Ordinary Meeting of the Council of the City of Blue Mountains, held in the Council Chamber, Administrative Headquarters, Civic Place, Katoomba on Tuesday, 2 December 2008, commencing at 7:33 pm.

* * * * * * * * * * There were present: The Mayor (Councillor Searle) in the Chair, and Councillors Clark, Creed, Gibbs, Greenhill, Hamilton, Luchetti, Mays, Myles, and Van der Kley.

* * * * * * * * * *

In attendance: General Manager, Group Manager BM City Services, Group Manager Community & Corporate, A/Group Manager Environmental & Customer Services, Executive Officer, Chief Financial Officer, Manager City Planning, Manager Assets and Contracts, A/Manager Planning Health and Enforcement, Manager Environmental Services, Communications Officer, Manager Building and Construction, Senior Town Planner, Assistant Strategic Planner, Program Leader Property and Facilities, Senior Ranger, Ranger, Team Leader Compliance, Project Support Officer Governance Publications.

* * * * * * * * * * Prayer / Reflection: The Prayer / Reflection was read by the Mayor, as was the acknowledgement of the traditional owners, the Darug and Gundungurra people.

* * * * * * * * * *

MINUTE NO. 753 C00679. Apologies RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Gibbs that the apology tendered on behalf of Councillors McCallum and McLaren for non-attendance at the Meeting be accepted and a leave of absence granted.

* * * * * * * * * *

MINUTE NO. 754 C00336. Confirmation of Minutes - Ordinary Meeting – 11 November 2008 RESOLVED UNANIMOUSLY on the MOTION of Councillors Mays and Luchetti that the Minutes of the Ordinary Meeting of 11 November 2008 be confirmed, with Minute No. 740 amended to read as follows:

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 754 Contd “Upon being PUT to the Meeting, the MOTION was CARRIED, with Councillor Mays out of the Chamber, the vote being:

For Against Councillors Creed

Greenhill Hamilton Luchetti Myles Searle Van der Kley

Councillors Clark Gibbs McCallum”

* * * * * * * * * *

C00336. Declarations of Interest – Ordinary Meeting, 2 December 2008 Councillor Mays made the following declaration with respect to Item 12 – Results of Public Exhibition and Public Hearing for Draft Amendment No. 13 to LEP 2005:

“I have a significant non-pecuniary interest due to commercial dealings with the Faulconbridge car yard in a professional capacity and will be leaving the Chamber during debate and voting.”

Councillor Greenhill made the following declaration with respect to Item 12 – Results of Public Exhibition and Public Hearing for Draft Amendment No. 13 to LEP 2005:

“I have a significant non-pecuniary interest due to a family member’s business interest, which is adjacent to the proposed Warrimoo Car Wash. I will be leaving the Chamber during debate and voting.”

* * * * * * * * * *

MINUTE NO. 755 MM1. F03788. Reimbursement of airfare to attend Sister City annual marathon RESOLVED UNANIMOUSLY on the MOTION of Councillors Searle and Greenhill that the Council approve the reimbursement of $500 towards the cost of airfares to Mr K. Kime to attend the 20th Anniversary of the Annual Sanda Classic Marathon in Japan, as part of the Sister City relationship.

* * * * * * * * * *

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 756 1. C01055. Delegation of authority during the Christmas and New Year recess RESOLVED UNANIMOUSLY on the MOTION of Councillors Searle and Greenhill:

1. That the Council appoint a Committee comprised of the Mayor and General

Manager (or in his absence the person acting as General Manager) to deal with and determine urgent matters arising during the recess of the Council between 3 December 2008 and 26 January 2009, in such cases applying the Council codes and policies, or where no such policies exist, discretion is exercised.

2. That the Committee only determine matters specifically relating to a Ward of the

Council after consulting with the relevant Ward Councillors. 3. That for any decision valued at over $100,000, all Councillors are consulted

beforehand. 4. That a weekly report is sent to all Councillors about all decisions made by the

Mayor and the General Manager.

* * * * * * * * * *

MINUTE NO. 757 2. C00694. Schedule of Invested Monies RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Greenhill that the Schedule of Invested Monies for November 2008 be received.

* * * * * * * * * *

MINUTE NO. 758

3. F04442. Expressions of Interest – Panel of Construction Service Providers – 2008-EOI002

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Myles: 1. That the Council places proponents recommended in this report on a list of Pre-

Qualified Contractors. 2. That the Council declines offers from unsuccessful proponents. 3. That the Council enter into a Deed of Standing Offer with proponents on the list

of Pre-Qualified Contractors.

* * * * * * * * * *

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 759

4. F04070. Insurance Pool Service provider tender RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton: 1. That Westpool be delegated authority to undertake a review of our insurance

broker and claims management team on the Council’s behalf. 2. That the results and recommended tenderers be submitted back to the Council

for approval.

* * * * * * * * * *

MINUTE NO. 760

5. C00994. Community Assistance / Donations – Recommendations by Councillors

RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton that the Council approve the following donations from the Councillors’ Minor Local Projects Vote:

Organisation Amount Springwood Ministers Association $300.00 Katoomba High School Cadets $100.00 Blue Mountains Community Gardens $500.00 Katoomba Cricket Club $300.00

Grow Group c/- Mid Mountains Community Centre $85.00 Lapstone Pre School $336.00 Lower Mountains Rotary Club $200.00 Fusion Blue Mountains $100.00 Blue Mountains Basketball Association $200.00 Rotary Club of Lower Blue Mountains $200.00 Grow Group c/- Mid Mountains Community Centre $100.00

Katoomba High School Cadets $100.00 Rotary Club of Central Mountains $100.00

* * * * * * * * * *

MINUTE NO. 761

6. F01268. Resignation from the Braemar House and Gallery

RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton:

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 761 Contd 1 That the Council formally accepts the resignation of Mrs Mardi Magree from the

Braemar House and Gallery Committee. 2 That the Council acknowledge Mardi Magree’s service to the community as a

Committee member and Gallery volunteer with a letter of appreciation.

* * * * * * * * * *

MINUTE NO. 762 7. F00290. Resignation and Appointment – Warrimoo Tennis Courts Committee RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton: 1 That the Council formally accepts the resignation of Mr Geoff McManus from

the Warrimoo Tennis Courts Committee. 2 That the Council acknowledge Mr Geoff McManus’ service to the community as

a Committee member and Court Maintenance Officer with a letter of appreciation.

3. That the Council formally appoint Mr David Kennedy to the Warrimoo Tennis

Courts Committee in the position of volunteer Court Maintenance Officer. 4. That the Council formally approve the payment of $100 per month ($1,200 per

annum) honorarium to the incumbent of the position of volunteer Court Maintenance Officer of the Warrimoo Tennis Courts.

* * * * * * * * * *

MINUTE NO. 763

8. F04805. Heatherbrae House – Response to Matter of Urgency

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Myles that the Council receive and note this report.

* * * * * * * * * *

MINUTE NO. 764 9. F03928. Katoomba Airfield – Response to Matter of Urgency RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Van der Kley with Councillor Myles out of the Chamber:

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 764 Contd 1. That the General Manager, on behalf of the Council, sends a letter as soon as

possible to the Department of Lands (previously known as “Department of Land and Water Conservation”) reaffirming the Council’s decision of 21.12.99 as under:

a. That Council endorses a submission to the Department of Land and

Water Conservation objecting to the sale of Lot 550 DP 751627, 178-180 Grand Canyon Road, Medlow Bath, or to the renewal of the current special lease held over this land for the purposes of an airfield.

b. That Council makes representation to the Department of Land and Water

Conservation strongly supporting Council’s preferred option for the future incorporation of Lot 550 DP75l237 into the National Park estate to ensure the future use of the site is limited to emergency use and that any private use is strictly controlled by a licence to protect the amenity of residents and the environmental values of the National Park.

c. That if the airfield is not included into the National Park estate that

Council requests that the Department of Land and Water Conservation manage the site to achieve the outcomes outlined in No.2 above.

2. That a copy of the above letter be forwarded to the Minister for Lands, the Hon

Tony Kelly, the Member for Blue Mountains, Mr Phil Koperberg, and the Member for Macquarie, the Hon Bob Debus, requesting their support in this matter.

* * * * * * * * * *

MINUTE NO. 765

10. F00506. Variation in budget and contract amount for the construction of the

Winmalee skate park A MOTION was moved by Councillors Luchetti and Van der Kley that the Council approve a budget variation of $52,500 in the 2008/9 Capital Works Summerhayes Park Skate Park project at Winmalee, to allow for the project to be developed in accordance with the development consent. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against Councillors Clark

Creed Greenhill Luchetti Searle Van der Kley

Councillors Gibbs Hamilton Mays Myles

* * * * * * * * *

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 766 11. A51262-E. Roads and Traffic Authority acquisition of easement of drainage -

Lawson The Meeting was addressed by Colin Steele. A MOTION was moved by Councillors Van der Kley and Myles: 1. That the Council note this report. 2. That the Council agree to the compulsory acquisition of an easement over

Council owned land at 44-78 Wilson Street Lawson being Lot 1 in DP 337785 by the Roads and Traffic Authority for drainage purposes.

3. That the Council, in its capacity as Trustee for Crown Reserve number R89440,

agree to the acquisition of an easement over Crown Land at 44-78 Wilson Street Lawson being Lot 7005 in DP 751652 by the Roads and Traffic Authority for drainage purposes.

4. That the Council agree to accept compensation in the amount as determined by

the Valuer General for the easement acquired by the Roads and Traffic Authority.

5. That as per the previous resolution of the Council of 18 September 2007 (Min.

258) , the Council note that funds received from the RTA’s acquisition of the easement over the Council’s land be deposited in a restricted asset account for application to the redevelopment of the former Golf Course site at Lawson.

6. That the Council continue to negotiate with the Crown to ensure funds received

from the RTA’s acquisition of the easement over the Crown land is allocated to the redevelopment of the former Golf Course site at Lawson.

7. That the General Manager be delegated on behalf of the Council to negotiate the

final extent of the easement on behalf of the Council. 8. That the Common Seal of the Council be affixed to the necessary documents

dealing with this matter if required. 9. That a further report comes back to the Council on the Hazelbrook retention

pond.

An AMENDMENT was moved by Councillors Gibbs and Clark: That the matter be deferred until the original resolution of 21 October 2008 has been completed - particularly the reports - and that Council develop a Memorandum of Understanding with the RTA that requires strict maintenance levels for the basin and discharge point (as recommended on page 49 of the Business Paper).

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 766 Contd Upon being PUT to the Meeting, there was an equality of votes, both for and against the AMENDMENT, with the result that the AMENDMENT was not carried, the vote being:

For Against Councillors Clark

Gibbs Greenhill Mays Searle

Councillors Creed Hamilton Luchetti Myles Van der Kley

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against Councillors Creed

Greenhill Hamilton Luchetti Myles Searle Van der Kley

Councillors Clark Gibbs Mays

* * * * * * * * *

MINUTE NO. 767 12. F04268. Results of Public Exhibition and Public Hearing for Draft Amendment No.

13 to LEP 2005 The meeting was addressed by John Alexander. A MOTION was moved by Councillors Van der Kley and Hamilton: 1. That the Council notes the matters raised in the submissions lodged in respect of

the public exhibition and public hearing of Blue Mountains Local Environmental Plan 2005 Draft Amendment No 13 (Amendment 13).

2. That the Council receive the results of the public hearing held into Lot 1, DP

842612, at 219 Great Western Highway, Warrimoo by Berzins Environmental Planning Pty Ltd, as set out in Attachment 1.

3. That no further public hearing be held in respect of Amendment 13 and that

Amendment 13 not be subject to re-exhibition. 4. That the Council adopt Amendment 13 as publicly exhibited and set out in

Alternative Attachment 2.

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 767 Contd 5. That the General Manager is authorised to undertake such amendments required

to address any matters raised by the Parliamentary Counsel’s Office in respect of the legal opinion where such drafting amendments do not alter substantially the application of the provisions of Amendment 13.

6. That, pursuant to Sections 68 and 69 of the Environmental Planning and

Assessment Act 1979, the Council submits Amendment 13, the required supporting information and the Director General’s report to the Minister of Planning with a request that the Plan be made.

Upon being PUT to the Meeting, the MOTION was CARRIED, with Councillors Greenhill and Mays out of the Chamber, the vote being:

For Against Councillors Creed

Hamilton Myles Searle Van der Kley

Councillors Clark Gibbs Luchetti

* * * * * * * * *

MINUTE NO. 768 13. F03467. Draft Policy – Temporary Fencing / Barrier Systems RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton: 1. That the Council exhibit the draft policy on Temporary fencing and barrier

systems for a period of twenty-eight (28) days. 2. That a further report be prepared for the Council following the consideration of

any submissions made.

* * * * * * * * *

MINUTE NO. 769 14. X/773/2006. Development Application No. X/773/2006 for the construction of

vehicular access on Part Lot 99, DP 751646, Leura Oval, Pt R52069, 34-36 Gordon Road, Leura

The Meeting was addressed by Sarah Ferguson, Richard Brown, Warwick Donnelly and Gavin Mascord. A MOTION was moved by Councillors Van der Kley and Luchetti:

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 769 Contd 1. That the Development Application No. X/773/2006 for the construction of an

access track on Leura Oval (Part of Crown Reserve 52069), Part Lot 99 DP 751646, 34-36 Gordon Road, Leura be determined pursuant to s.80(3) of the Environmental Planning and Assessment Act 1979 by the granting of a deferred commencement consent subject to conditions shown in Attachment 1 to this report.

2. That subject to the granting of deferred commencement consent in accordance

with Recommendation 1, a report be brought before the Council in its role as Reserve Trust Manager for Crown Reserve 52069 to determine: a) whether the Council, acting in accordance with s102 of the Crown Lands

Act 1989, considers that it is desirable to grant an easement to allow pedestrian and motor vehicle access between Gordon Road and the land known as 34A Balmoral Road, Leura across Crown Reserve 52069; and

b) whether the Council proposes to seek the consent of the Minister for Lands to the grant of that easement.

3. That the General Manager be granted the delegated authority to determine

whether the Council is satisfied that the deferred commencement matters (identified in Part 1 of the development consent) pertaining to development consent No. X/773/2006 for the construction of an access track on Leura Oval (Part of Crown Reserve 52069), Part Lot 99 DP 751646, 34-36 Gordon Road, Leura have been satisfied pursuant to s.80(3) of the Environmental Planning and Assessment Act 1979 and cl.95 of the Environmental Planning and Assessment Regulation 2000.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Creed Greenhill Luchetti Myles Searle Van der Kley

Councillors Clark Gibbs Hamilton Mays

* * * * * * * * *

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Confirmed Minutes Ordinary Meeting, 02/12/2008

Attachment 1 - Conditions of development consent

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

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Confirmed Minutes Ordinary Meeting, 02/12/2008

* * * * * * * * *

MINUTE NO. 770 15. A62325-E. Council opinion as to whether or not the proposed alterations and

additions to the Blaxland Waste Management Facility are declared to be designated development under the Environmental Planning and Assessment Act 1979

A MOTION was moved by Councillors Creed and Van der Kley: 1. That the Council receive and note the submission prepared by Connell Wagner

Pty Ltd and Abel Ecology regarding the proposed alterations and additions to the Blaxland Waste Management Facility.

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 770 Contd 2. That the Council form the opinion, based upon the pre-development application

advice from Connell Wagner and Abel Ecology, that the proposed alterations and additions to the existing Blaxland Waste Management Facility do not significantly increase the environmental impacts of the total development compared with the existing development and as a consequence these works are declared not to be ‘designated development’ pursuant to Clause 35 of Part 2 (Are alterations or additions designated development?) of Schedule 3 of the Environmental Planning and Assessment Regulation 2000.

3. That the Council advise the prospective applicant of the opinion in

Recommendation 2 above and that a development application may be prepared, lodged and assessed under Part 4 of the Environmental Planning and Assessment Act 1979 following the procedures that apply to development that is not designated development.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Clark Creed Greenhill Hamilton Luchetti Mays Myles Searle Van der Kley

Councillors Gibbs

* * * * * * * * *

MINUTE NO. 771

16. A75486-E. Council opinion as to whether or not the proposed slope stabilisation and water management works at the dormant Lawson landfill site are declared to be designated development under the Environmental Planning and Assessment Act 1979

A MOTION was MOVED by Councillors Greenhill and Van der Kley: 1. That the Council receive and note the submission prepared by the Waste and

Resources Section within the Council’s Community and Corporate Group, regarding the proposed alterations and additions to the dormant Lawson landfill site.

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Confirmed Minutes Ordinary Meeting, 02/12/2008

MINUTE NO. 771 Contd 2. That the Council form the opinion, based upon the pre-development application

advice from the Waste and Resources Section within the Council’s and this report that the proposed alterations and additions to the existing dormant Lawson landfill site do not significantly increase the environmental impacts of the total development compared with the existing development and, as a consequence, that these works are declared not to be ‘designated development’ pursuant to Clause 35 of Part 2 (Are alterations or additions designated development?) of Schedule 3 of the Environmental Planning and Assessment Regulation 2000.

3. That the Council advise the prospective applicant of the opinion in

Recommendation 2 above and that a development application may be prepared, lodged and assessed under Part 4 of the Environmental Planning and Assessment Act 1979 following the procedures that apply to development that is not designated development.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Clark Creed Greenhill Hamilton Luchetti Mays Myles Searle Van der Kley

Councillors Gibbs

* * * * * * * * *

MINUTE NO. 772

17. X/885/2006. Development Application and Construction Certificate No. X/885/2006 for a two storey dwelling and associated road construction on Lot 5, Section G, DP 625, Eurama, Badham Street, Faulconbridge

RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton that the Development Application No. X/885/2006 for a two storey dwelling and associated road works on Lot 5 Section G DP 625, Badham Street, Faulconbridge, be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by granting deferred commencement consent to the application subject to the conditions shown in Attachment 1 to this report.

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MINUTE NO. 772 Contd

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* * * * * * * * *

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MINUTE NO. 773

18. X/701/2008. Development Application No. X/701/2008 for the sealing of three (3) netball courts and associated works on Lot 7009 DP 1055673, Lapstone Reserve, 2-4 Explorer’s Road, Lapstone

RESOLVED UNANIMOUSLY on the MOTION of Councillors Greenhill and Creed: 1. That the Development Application No. X/701/2008 for the sealing of three netball

courts and associated works on Lot 7009 DP 1055673, Lapstone Reserve, 2-4 Explorers Road, Lapstone be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.

2. A report comes to Council, following six months use of the three sealed courts

detailing:

(a) The impacts, positive and negative, on the surrounding lands, parking and local residents; and

(b) Any actions required to ameliorate any adverse impacts. The Netball Association, local residents and other interested and affected

parties to be consulted by Council and asked for input into the preparation of this report.

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Attachment 1 - Conditions of development consent

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* * * * * * * * *

MINUTE NO. 774

19. X/243/2008. Development Application No.X/243/2008 for additions and alterations to the dwelling on Lot 4 Section K DP 25369, 2 Second Street, Blackheath

The Meeting was addressed by Rod Marjanac RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Van der Kley that the Development Application No. X/243/2008 for additions and alterations to the dwelling on Lot 4 Section K DP 25369, 2 Second Street, Blackheath be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of deferred commencement consent subject to conditions shown in Attachment 1 to this report.

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MINUTE NO. 774 (Contd) Attachment 1 - Conditions of Consent

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MINUTE NO. 775 20. X/1195/2007. Development Application No. X/1195/2007 for additions and alterations

to the Three Sisters Plaza, 33-37 Echo Point Road, Katoomba The Meeting was addressed by Tony Moody, Graham Brooks, Lesli Berger and David Arnott. A MOTION was moved by Councillors Hamilton and Van der Kley: 1. That the Development Application No. X/1195/2007 for additions and alterations

to retail development on Lot 1 DP 833225, Three Sisters Plaza, 33-37 Echo Point Road, Katoomba be determined pursuant to section 80(4)(b) of the Environmental Planning and Assessment Act 1979 by granting partial development consent to the proposal subject to conditions shown in Attachment 1 to this report and to exclude consent to the proposed removal of the existing loading dock and conversion to retail space and the proposed signage / advertising strategy.

2. That all assessment required to determine compliance with the conditions of

consent shown at Attachment 1 be resolved by the Council staff under delegated authority.

3. That if agreement is reached between the applicant and Blue Mountains Virtual

Air Helitours Pty Limited (BMVAH), as a result of which development consent X/1143/2006 is voluntarily surrendered by BMVAH, then BMVAH is invited to review with the Council possible alternative locations at which its proposed simulator facility could be developed.”

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against Councillors Creed

Greenhill Hamilton Luchetti Mays Myles Searle Van der Kley

Councillors Clark Gibbs

* * * * * * * * * *

MINUTE NO. 776 20. F00088. Adoption of Burra Charter RESOLVED UNANIMOUSLY on the MOTION of Mays and Van der Kley: 1. That a report comes to Council detailing the merits and cost implications of

adopting The Burra Charter as a reference tool for assessing developments within the City of the Blue Mountains.

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MINUTE NO. 776 Contd 2. That the report also include information on any impact on this Councils planning

instruments, in particular LEP 2005, LEP 1991 and relevant DCPs.

* * * * * * * * * *

MINUTE NO. 777 22. F00088. Graffiti Summit RESOLVED UNANIMOUSLY on the MOTION of Councillors Greenhill and Creed that staff consider, as part of an upcoming report to the Council regarding graffiti, the option of a graffiti summit involving police, community sector, chambers of commerce, council officers, young people and members of the community.

* * * * * * * * * *

MINUTE NO. 778 23. F00088. Community Garden in Lawson RESOLVED UNANIMOUSLY on the MOTION of Councillors Clark and Mays that Council receive a report outlining options for a Community Garden in Lawson to service the Mid-Mountains Community and that the report detail:

• Background on other community gardens across the mountains; • Consultation process on potential Community Garden sites and management

process; • Potential sites; • Management process for a community garden; • Any support that Council can provide to establishing and providing ongoing

maintenance of a Community garden; and • A preliminary process and timeline for establishing a Community Garden in

Lawson.

* * * * * * * * * *

MINUTE NO. 779 24. C00680. Precis of Selected Correspondence, 02/12/2008 RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton that the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.

* * * * * * * * * *

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MINUTE NO. 780 24. C00336. Procedural – Recommittal of Item 24 RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Greenhill that Item 24 be Recommitted for consideration by the Council

* * * * * * * * * *

MINUTE NO. 781 24. C00680. Precis of Selected Correspondence, 02/12/2008 RESOLVED UNANIMOUSLY on the MOTION of Councillors Creed and Hamilton that the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.

* * * * * * * * * * F00086. Question Without Notice – Precis of Selected Correspondence, 02/12/2008 Councillor Creed: With regard to Item 1 of the Precis of Selected Correspondence, 02/12/2008: what was the result of the petition where they were complaining about the road seal?

* * * * * * * * * *

MINUTE NO. 782 C00336. Procedural – Question that Meeting Close RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Luchetti that as there was no further business before the Meeting, the Council Meeting now close. The ordinary Meeting of the Council closed at 9:40pm on Tuesday 2 December 2008.

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