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NOTICE OF RESCISSION Ordinary Meeting, 16/11/99 ITEM NO: 1 SUBJECT: DEVELOPMENT APPLICATION NO. X98/0905 FOR REDEVELOPMENT OF THE KATOOMBA GOLF COURSE, CORNER NARROW NECK ROAD, CLIFF DRIVE AND ACACIA STREET, KATOOMBA, INCLUDING CONSTRUCTION OF A 120 ROOM HOTEL, CONSTRUCTION OF 102 RESIDENTIAL UNITS, ALTERATIONS TO THE CLUBHOUSE, ALTERATIONS TO THE GOLF COURSE AND SUBDIVISION OF THE LAND INTO FIVE LOTS FILE NO: X98/0905 By Councillors C Gaul, H Kozelj and A Henson: “We the undersigned wish to rescind the decision on Item No. 5 - Development Application No. X98/0905.” Note by General Manager Council’s resolution of 26/10/1999 is recorded at Minute No. 543 and was:- “1. That the report prepared by Ingham Planning be received. 2. That in accordance with the recommendation made by Ingham Planning, Development Application No X99/0905 for the redevelopment of the Katoomba Golf Course, corner Narrow Neck Road, Cliff Drive and Acacia Street Katoomba, including construction of a 120 room hotel, construction of 102 residential units, alterations to the clubhouse, alterations to the golf course and subdivision of the land into five lots, be approved pursuant to Section 80 of the Environmental Planning and Assessment Act by the granting of Deferred Commencement Consent subject to the conditions set out in Attachment 2 to this Report. 3. That the General Manager be given Delegated Authority to: a) issue Operational Development Consent upon resolution of the Deferred Commencement Conditions; and b) modify the terms of the proposed Operational Conditions as detailed in Attachment 2 if considered necessary as a result of the applicant satisfying the deferred matters.”
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Page 1: ITEM NO: 1 SUBJECT: DEVELOPMENT APPLICATION NO. … · 2018-02-19 · corner narrow neck road, cliff drive and acacia street, katoomba, including construction of a 120 room hotel,

NOTICE OF RESCISSIONOrdinary Meeting, 16/11/99

ITEM NO: 1

SUBJECT: DEVELOPMENT APPLICATION NO. X98/0905 FORREDEVELOPMENT OF THE KATOOMBA GOLF COURSE,CORNER NARROW NECK ROAD, CLIFF DRIVE AND ACACIASTREET, KATOOMBA, INCLUDING CONSTRUCTION OF A 120ROOM HOTEL, CONSTRUCTION OF 102 RESIDENTIAL UNITS,ALTERATIONS TO THE CLUBHOUSE, ALTERATIONS TO THEGOLF COURSE AND SUBDIVISION OF THE LAND INTO FIVELOTS

FILE NO: X98/0905

By Councillors C Gaul, H Kozelj and A Henson:

“We the undersigned wish to rescind the decision on Item No. 5 - DevelopmentApplication No. X98/0905.”

Note by General Manager

Council’s resolution of 26/10/1999 is recorded at Minute No. 543 and was:-

“1. That the report prepared by Ingham Planning be received.

2. That in accordance with the recommendation made by Ingham Planning,Development Application No X99/0905 for the redevelopment of theKatoomba Golf Course, corner Narrow Neck Road, Cliff Drive and AcaciaStreet Katoomba, including construction of a 120 room hotel, construction of102 residential units, alterations to the clubhouse, alterations to the golf courseand subdivision of the land into five lots, be approved pursuant to Section 80of the Environmental Planning and Assessment Act by the granting ofDeferred Commencement Consent subject to the conditions set out inAttachment 2 to this Report.

3. That the General Manager be given Delegated Authority to:

a) issue Operational Development Consent upon resolution of theDeferred Commencement Conditions; and

b) modify the terms of the proposed Operational Conditions asdetailed in Attachment 2 if considered necessary as a result ofthe applicant satisfying the deferred matters.”

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CITY PLANNING PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 2

SUBJECT: DRAFT LOCAL ENVIRONMENTAL PLAN 1997 AND CITYPLANNING BUSINESS PLAN

FILE NO: C03150

Recommendations:

1. That the report from the Group Manager Strategic Planning be received.

2. That Council note the work undertaken to date on the review of Draft LEP 1997 andassociated Development Control Plans and the external factors that have impacted onthe review program.

3. That Council endorse the revised timetable for completion of the review program andthe public exhibition of Draft LEP 1997 and associated Development Control Plansidentified in this report including the separate and prior exhibition of the HeritageStudy and associated Draft Heritage Schedule.

4. That Council endorse the deferral, from the City Planning Business Plan for1999/2000, of the projects identified in Table 3 in the body of this report to enable allavailable staff resources to continue to be engaged in the completion of Draft LEP1997 for the remainder of the review period. Further, that the ultimate timeframe forthose deferred projects be determined in line with Council’s consideration of itspriorities during the forthcoming review of the Four Year Management Plan

5. That Council note the need to minimise the generation of additionalprojects/programs, or the expansion of existing projects/programs to be undertaken bythe City Planning Branch for the remaining period associated with the review of DraftLEP 1997.

Report by Group Manager, Strategic Planning:

Purpose of this Report

The purpose of this report is to:• Provide a report on the progress of the review of Draft LEP 1997 for Council’s

information;• Identify and discuss the factors that have had an impact on the review of the Draft LEP• Recommend a variation to the timeframes and sequence of deliverables for the Draft LEP• Identify the implications of the review of Draft LEP 1997 on the City Planning Business

Plan for 1999/2000 and Council’s Management Plan; and• Make recommendations for changes to the City Planning Business Plan.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Background

At its meetings of the 23 March and 22 June 1999, Council considered and endorsed anapproach to the completion of Draft LEP 1997 and associated Development Control Plans(DCPs) as well as the timeframe and resources required to complete Stages 1 and 2 of thereview.

The timeframe envisaged for the completion of Stage 1 for the balance of the urban areas ofthe City (excluding the deferred core village areas) was for a new Draft Plan to be reported toCouncil in late December, 1999 with a view to public re-exhibition in January and February,2000.

The resources required to complete the review within the envisaged timeframe involved:

• staff resources to work intensively on the review of the Draft LEP;• funding for the capture and analysis of critical environmental information to

improve the accuracy and sophistication of the plan to address therecommendations of Commissioner Carleton; and

• funding for critical consultant work in areas such as the completion of relevantsections of the Heritage Study/Register.

The 23 March report identified that “if these resources are not available, then the timing forthe completion of the Draft LEP and the required quality (of the final plan) will not be able tobe achieved”.

In response, Council resolved to bring forward the necessary funding for a range of relevantcomponents of the review and the General Manager approved the creation of a number offixed term staff positions to assist in the extensive work program associated with the review.

A substantial and intensive program of work has been undertaken over the past six (6) monthsto advance the review and many of the key components of the project have been completed orare nearing completion. More detailed information regarding the status of each component ofthe review is presented in the following section of this report.

However a number of factors have impacted on the program and will have implications forthe overall timing of the review and the sequence of delivery of the key elements of DraftLEP 1997 and these are also discussed in detail in later sections of this report.

Progress on Draft LEP 1997

Table 1 below details the progress that has been made on the review of Draft LEP 1997andthe associated DCPs.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Table 1 – Progress on major elements of Draft LEP 1997ELEMENT % COMPLETE COMMENTS (where relevant)

• Detailed character study acrossCity

90 The character study is an input to the definitionof the Living Conservation zone and characterissues relating to infill development

• Water/sewer informationcollection

75 Updated information from Sydney Water

• Vegetation study 95 Review of areas identified by CommissionerCarleton as requiring further investigation eg.North Katoomba

• Watercourse buffer study inconjunction withHawkesbury/NepeanCatchment Management Trust

• Watercourse model developed

95

100

Study of buffer widths as required byCommissioner Carleton

Applies watercourse buffers based on streamorder and characteristics

• Revised transport corridorinformation collection

100 Updated information regarding road widenings

• Bushfire mapping 100 Revised mapping in conjunction with BushfireManagement Plan

• GIS base to analyse spatialinformation prepared

25 Reliant on input from aerial laser scanning

• Aerial laser scanning 65 Filtered raw data available 30/11/99• Analysis of slope 65 Reliant on aerial laser scanning• Analysis of escarpment 30 As above• Analysis of bushfire 30 As above• Analysis of watercourses 35 As above• Analysis of water catchment

area25 As above

• Environmentalconstraint/protected areamapping

10 As above

• Vegetation mapping 65 As above• Sustainable development

threshold mappingNil Reliant on completion of other environmental

constraint mapping• Zoning maps prepared 20 Reliant on aerial laser scanning• Schedule of significant

vegetation prepared100

• Economic study for input toindustrial/business landuse andzonings

90 Base for review of employment generatingstrategies in Draft LEP 1997

• Heritage Study/Register 60 Planning Areas 1, 2 and 3 completed subject tofinal verification

• Progressive revision of LEPwritten text (legal provisions)

90 Preliminary Draft LEP text distributed forinternal Council consultation and revision

• Tourist Zone DCP 80 Internal consultation required• Village Housing DCP 80 As above• Protecting the Natural

Environment DCP80 As above

• Heritage DCP 80 As above

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

The progress on the review of Draft LEP 1997 to date represents a substantial effort,particularly in view of the factors that have impacted on the program and which will bediscussed in detail later in this report. The above work has also involved a significant programof consultation across the organisation, with key outside organisations and governmentdepartments and, where appropriate at this time, with the community. Notwithstanding, thereremains a major program of work to complete the review. Broadly, this program involves, butis not limited to, the following elements:

• Completion of those elements listed above and, in particular the completion of DCPs andthe receipt and analysis of core spatial information to determine zone applications andboundaries;

• Ground truthing of all environmental parameters, zone applications and boundaries acrossthe City;

• Inputting of information into the GIS;• Linking new information to Council’s Land Information System and other corporate

systems;• Precinct mapping related to the proposed Village Housing zone;• The preparation of a detailed supplementary report to the Local Environmental Study for

EMP 2;• Mapping of the heritage register and inputting of heritage information into register sheets;• Refinement of all LEP provisions and DCPs in conjunction with other Groups within

Council, and external organisations;• Workshops and focus group work with key community groups on revised LEP concepts;• Finalisation of LEP and DCP provisions and draft documents;• Obtaining detailed legal scrutiny and advice on revised LEP instrument and DCPs;• Preparation of “plain English” documents and displays to assist in the interpretation and

application of LEP concepts and provision and for exhibition purposes;• Revision of Council’s Residential Development Strategy;• Preparation of detailed responses to submissions to previous exhibition and issues raised

in Commissioner Carleton’s report;• Extensive map production, printing and checking;• Pre planning, production and implementation for exhibitions; and• Regular briefing of, and reporting to, Council on LEP concepts, progress etc.

The achievement of the above program is a major challenge and will require continued focusof intensive effort by the City Planning Branch and other relevant sections of Council over thecoming months.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Factors impacting on the Review of Draft LEP 1997

As stated above, a number of factors have impacted on the program to review Draft LEP 1997and the associated DCPs. These include:

(a) Staff ResourcesIn the early months of 1999, the departure of a number of key, experienced planningofficers from the City Planning Branch reduced the available complement of staff to workon the review of Draft LEP 1997 and other elements of the City Planning Business Planfor 1999/2000. Immediate replacement of those vacant positions was authorised and, asindicated earlier in this report, the General Manager approved the creation of a number ofadditional, fixed term staff positions to assist in the review of Draft LEP 1997.

Despite a rapid response to initiate the recruitment process and the development of anattractive advertising campaign, response to most of the positions was poor, requiringsecond, and in some cases, third round advertising to attract applicants with theappropriate qualifications and experience. The major factors affecting the recruitmentprocess for these positions include:

• the under supply of skilled and experienced professional planners relative to thesignificant number of positions advertised for, particularly, Strategic Planners inWestern Sydney and NSW generally;

• As a consequence, planners with the level of experience and expertise required for thecomplex project currently before Council are difficult to attract and require significantremuneration package usually including a motor vehicle.

This situation was exacerbated by the length of the recruitment process for theKatoomba/Echo Point Project Manager and the period associated with the incumbent’scontractual arrangements with his former employers which delayed his commencementwith Council. This required a number of key planning staff within the City PlanningBranch to undertake or advance elements of the Katoomba Revitalisation Project tomaintain the momentum of action following the Katoomba Charrette. This included:

• the Heritage Façade Improvement Project;• the preparation of the initial brief and advertising for the Katoomba Streetscape

Masterplan;• consultation with Mainstreet and other community groups;• arranging the leasing and construction of temporary car parking on the former TAFE

site; and• conducting the first quarterly public meeting in Katoomba to update the local

community on progress.

The combination of the above factors resulted in loss of 355 person days (71 personweeks) which, for an eight (8) person team, equates to a loss of nine (9) weeks to theDraft LEP 1997 program and other priority City Planning projects.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

(b) Other Priority ProjectsA number of priority projects were either added to the City Planning Branch BusinessPlan or extended to include significant additional elements during recent monthswhich have diverted key staff resources away from the review of Draft LEP 1997 atcritical times. These include:

• Springwood School of Arts – this involved substantial additional work betweenFebruary and May due to the timing and nature of the public hearing, the level ofsupport and background work required by the chairperson and the large number ofsubmissions received to the hearing.

• Lawson Town Centre – this project required a far greater application of key staff timethan anticipated due to the need to commission and manage the Lawson Town CentreRetail Impact Assessment, and to develop, exhibit and report the “Preferred Option”for the town centre. This project will continue to impact on the Branch Business Planduring the review of Draft LEP 1997 in order to undertake the next stages associatedwith detailed design, DCP preparation, extensive negotiations with State Governmentand private stakeholders, further community consultation and other elements ofimplementation.

• Summerhayes Park Plan of Management – this project was not included in the initialCity Planning Branch Business Plan for 1999/2000 and its inclusion over recentmonths has diverted key staff away from the work associated with Draft LEP 1997

• Review of new legislation related to the management of Community Lands and thepreparation of Community Lands Plans of Management – this suite of changes to thelegislation has potentially enormous ramifications for Council given the extent ofCommunity Land within the City and the implications for the generic Plan ofManagement which currently governs all but a few parcels of that land. The legislationimposes a number of onerous statutory deadlines for elements of the review of currentPlans of Management and the development of an approach, to and framework for, thiswork across the organisation is being undertaken by the City Planning Branch. Again,key staff engaged in the review of Draft LEP 1997 have been, and will continue to be,diverted to progress this work. The review of the legislation on Community LandManagement is the subject of a separate report to Council.

(c) Aerial Laser ScanningOne of the major issues raised in Commissioner Carleton’s report is that, whilst thebroad directions of Draft LEP 1997 are sound, the plan requires far greater detail inrelation to environmental constraints and ground truthing in order to more accuratelydefine zone boundaries. The level of accuracy required using traditional techniquessuch as ground surveying, photogrammetry and field study etc would take severalyears to obtain and would impose an enormous financial cost to Council.

However, the development of highly accurate digital terrain and vegetation canopymodels using remote aerial laser scanning can provide the required level of detail for keyenvironmental elements at a far less cost and within a much shorter timeframe than ispossible using the traditional methods. Aerial laser scanning is a relatively newtechnology to Australia but has been employed successfully overseas for many years.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

The capabilities of aerial laser scanning and its applications for Draft LEP 1997 weredemonstrated to Council in briefing sessions earlier this year and at its meeting of 23March, Council resolved to make funding available for a range of elements for the projectincluding the development of a Digital Terrain Model using aerial laser scanning.

A number of initial delays occurred in relation to this element of the project including:

• Delays in the calibration and “fine tuning” of the aerial laser scanning equipment inthe U.S. prior to its shipment to Australia;

• Damage to the equipment in transit to Australia which required replacement ofspecialised parts and recalibration; and

• Inclement weather which delayed the flying of the City.

The aerial laser scanning of the City was flown between 29 July and 5 August. However,the most significant delay in this element of the project has been in developing theappropriate computer based methodology (to suit Australian conditions) for filtering theraw data to develop the digital terrain model to the accuracy required. This has involvedintensive work by Council’s GIS analyst in conjunction with the service provider and hasdiverted the GIS Analyst away from the GIS development, mapping and informationanalysis work that was to be undertaken during this time. The work has now beencompleted and an appropriate methodology is being applied to develop the model. Thefiltered data will now be available for use in the analysis of environmental constraintinformation at the end of November and analytical maps developed from the model willbe available four (4) weeks hence.

The combined lost time from the original review program associated with the aerial laserscanning and preparation of the Digital Terrain Model is 12 weeks or three (3) months .This is significant for the overall review program in that the major proportion of theanalysis, mapping and verification of environmental constraint information leading to thedetermination of zone boundaries relies on the production of the Digital Terrain Model.

(d) Need for additional investigationsAs the review of Draft LEP has progressed, and more detailed information on theenvironmental and built character of the City has been assembled, it has been necessary toundertake additional investigations and modify some of the concepts incorporated in thepreviously exhibited Draft LEP. In most cases, this additional work could not have beenanticipated in developing the original program for the review or, in cases whereinvestigations were anticipated, have required a greater level of resource commitment asnew information has come to hand. Some particular examples include:

• Protecting the Natural Environment DCPThe program for the review of the Draft LEP originally anticipated that new or refinedcontrols for protecting the natural environment such as those relating to erosion andsediment control, stormwater management, clearing of natural vegetation etc could bereadily incorporated into Council’s existing DCP’s or policies.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

However, in many cases, existing DCP’s and policies lack sufficient focus anddirection, for either applicants or Council’s development assessment staff, to cater forthe approaches necessary to plan development to mitigate impacts on the naturalenvironment, and water quality in particular. It, therefore, became clear that a separateadditional DCP is required to support Draft LEP 1997 which draws together theelements associated with the protection of the natural environment.

• Blue Mountains Residential Character StudyThe review program incorporated a study of local residential character to assist indeveloping planning provisions for the LEP. As initial findings of the study wereobtained, it was recognised that the diversity of character elements amongst residentialareas in the various villages is far more complex than originally anticipated. Thisrequired a modification of the methodology to expand the categories and characterrelationships identified in order to produce appropriate provisions for the LEP.

This has, in turn, led to a rethinking of how various zones relate to each other toprotect and enhance local character and has identified the need to more closely tailorthe LEP provisions to local character.

• Drafting of new LEP written instrument

The review of Draft LEP 1997 has resulted in the development of a range of new orrefined concepts that respond, not only to the recommendations of CommissionerCarleton and community issues, but also to the greater level, accuracy andsophistication of the knowledge that has been gained during the review to date. Theincorporation of these concepts into the LEP and the need to provide greater certaintyof outcomes has required a far more detailed revision of the legal LEP instrument thancould have been anticipated at the commencement of the review.

This work has required, and will continue to require, additional staff time to preparethe instrument, to consult with relevant internal groups and external authorities, toobtain more extensive legal advice and to undertake resulting refinements to theinstrument.

• Linkages to LEP 1991

At early briefings of Council regarding the review of Draft LEP 1997, interest wasexpressed in amalgamating LEP 1991 and Draft LEP 1997 into a single instrument asa longer term goal. The differences in the architecture of the two instruments and therelative lack of detailed information available for the LEP 1991 areas mitigate againstthe amalgamation of the instruments at this time, particularly if Draft LEP 1997 is tobe reviewed within an acceptable timeframe.

However, the opportunity has been taken during the review of Draft LEP 1997 torationalise a range of provisions and permissible uses within zones, as well as to draftthe new DCPs to apply equally to the two instruments, so as to draw them as closelytogether as possible in the current round of work.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

The combined lost time to the program from the need to carry out additionalinvestigations is approximately four (4) weeks.

The total lost time to the review program from all of the above factors , taking intoaccount non reliance and the concurrent nature of a number of the major elements is 20weeks or five (5) months .

Actions taken to mitigate the impact on the review program

In response to the above factors, the following actions have been taken to limit theirimpact on the review program and timeframes for delivery of the revised LEP:

• Staff Resources

Following the adoption by Council of the “Preferred Option” for the Lawson TownCentre, additional staff resources were allocated to supplement the staff working onthe LEP review program. As a result, all but two (2) of the professional and technicalstaff resources within the City Planning Branch are now engaged full time on thereview of Draft LEP 1997 and associated DCPs.

Those officers not engaged in this work include:- Council’s Landscape Architect/Urban Designer who is assisting with design plans

for the Blaxland Mall and a range of other priority capital works projects with theOperations Group; and

- one of Council’s Senior Strategic Planners who is working part time on LEP 1997and part time progressing a number of other Council priority projects such as thePlan of Management for Summerhayes Park and the review of the CommunityLands Management Legislation.

• Modification of the Review Program

With the delays in the aerial laser scanning of the City and the development of theDigital Terrain Model the review program was modified to bring forward work onelements that were originally scheduled for the latter part of the program. Theseincluded work on the legal instrument for the LEP and preparation of DCPs to makebest use of available staff resources.

• Development of a Preliminary Digital Terrain Model

In order to progress those substantial elements of the review program that rely on thedevelopment of environmental constraints mapping and zone boundary information inadvance of the more accurate aerial laser scanning information, a preliminary DigitalTerrain Model has been developed based on Council’s existing 2 metre and 10 metrecontour information. This model greatly enhances the accuracy of the material usedfor the original Draft LEP 1997, particularly when used in conjunction with Council’sinfra red photography and other environmental information. It enables preliminaryzone boundaries to be identified and tested against LEP and DCP provisions at anearlier stage than will otherwise be the case.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

The more accurate Digital Terrain Model can then be used to test, verify and refinezone boundaries prior to final production of the revised Draft LEP 1997.

In combination, the mitigating measures that have been put in place have reduced thetotal lost time from all impacting factors to 16 weeks or four (4) months.

It should be noted that all possible and appropriate measures have been taken in responseto the predominantly external factors that have impacted on the review program and tostreamline the production of a quality LEP. It should also be noted that any othermeasures taken at this time, such as the appointment of additional staff, the out-sourcing of additional elements of the review or the provision of additional fundswill not result in further gains in delivery time . Such measures would, in fact, result insignificant delays associated with recruitment processes, briefing and management ofconsultants etc

Further, since the commencement of the review, given the overall size of the program, asignificant proportion of the work has been undertaken in the staff’s own time after hoursand at weekends. Therefore, further gains in delivery time for the LEP will not beachieved through the use of overtime etc.

In view of the factors that have impacted on the review program and the measures takento mitigate those factors, all major tasks yet to be completed are now on the “criticalpath” of the project. Consequently, it is necessary to revise the timeframe for completionof the project.

Revised Timeframe for Draft LEP 1997

As identified earlier in this report, it was intended to report the revised LEP and DCPs toCouncil on 15 December 1999 with a view to re exhibition during January and February2000.

In light of the combined loss of four (4) months to the program, it is now proposed toreport the full suite of revised documents to Council at the end of March/early April,2000 with a view to exhibition during April/May, 2000.

Notwithstanding the above timeframe, it is proposed to submit a report to Council inJanuary next year, that presents the outcomes of the Heritage Study and the associatedHeritage Register for those areas subject to the review of Draft LEP 1997 (Stage 1). Thismaterial will form the basis of a schedule of heritage items to be included in the revisedDraft LEP.

Given the level of interest that is normally generated in the community in relation toheritage matters, it will be recommended that this material be placed on public exhibitionin advance of the other elements of the revised Draft LEP during February/March, 2000.This will allow a more focussed and appropriate level of consideration to be given byCouncil to this important component of the LEP than might otherwise be the case ifCouncil was attempting to deal with all elements of the LEP at one time.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

It should be noted that while the total time lost to the review program is four (4) months,the actual delay in placing the revised LEP on public exhibition is reduced to three (3)months from the original schedule due to the mitigating influence of the Christmasperiod. The revised timing of the public exhibition is, in fact, preferable to the originaltimeframe as it negates the potential disadvantages of exhibition in the period of theschool holidays. This will ensure that as many residents and other interested parties aspossible will have access to, and be able to participate in, the exhibition process.

In light of the need to revise the timeframe for the review of Draft LEP 1997, it isintended to provide Council with regular briefings on the progress on the program and onthe content of the revised LEP and DCPs to assist Councillors with their understandingand ultimate consideration of the final plan. In this regard, at its briefing session of 30November, Councillors will be briefed on the concepts that form the framework for therevised Draft LEP.

Potential Threats to the Revised Program

As identified above, all available resources and measures are now, and will continue tobe, focussed on delivering the review of Draft LEP 1997 (Stage 1) in line with the revisedtimeframe. However, the fact that all major elements of the review are now on the"critical path" of the project means that the ability to absorb further disruption isextremely limited and the timeframe for delivery is vulnerable to any significantadditional factors that might impact on the program.

Potential threats to the program can derive from the following sources:

• Staff Resourcing - One of the Branch's key staff members has recently departed onmaternity leave for 12 months. Despite commencement of recruitment processes tofill this position well in advance of departure, no suitable candidates wereforthcoming. A second round of advertising has, likewise, been unsuccessful. ShouldCouncil be unable to fill this position in the very near future, the review program willbe further disadvantaged.

• New Projects - The impact of new or expanded projects not associated with thereview of Draft LEP 1997 has been demonstrated earlier in this report. The diversionof City Planning staff to undertake any further new projects or significant tasks as aresult of Council resolutions or corporate initiatives during the remainder of thereview period will, likewise, impact on the ability to deliver Draft LEP 1997 (Stage 1)in line with the revised timeframe. Therefore, a degree of discipline will be requiredto avoid or substantially limit the generation of new work during this important timefor the project.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

• Failure on the part of external consultants to deliver on time or to the requiredstandard - A number of the elements of the review of Draft LEP 1997 are beingundertaken by external consultants. The ability to deliver the Draft LEP 1997 in linewith the revised timeframe is reliant on the timely delivery of final products to therequired standard. This is largely a function of effective briefing and management ofthe consultants involved. However, it is not uncommon for poor results or delays indelivery to occur despite effective management and the only real action open in thesecases is the withholding of part, or all, of the relevant consultancy fee. This does notmitigate the impact of deficient inputs to the review from these external sources or thetime lost. Whilst this situation is not evident in the consultancies being undertaken todate, the potential threat to the timely delivery of the project from this source can notbe discounted.

Implications for City Planning 1999/2000 Business Plan

Clearly, the major focus of the City Planning Branch in its 1999/2000 Business Plan isthe completion of the review of Draft LEP 1997 (Stage 1).

However the 1999/2000 Business Plan also contains a significant number of otherprojects and programs that derive almost exclusively from:

(a) Council’s Four Year Management Plan;(b) Council resolutions;(c) Council’s ongoing legal and statutory obligations; and(d) Major corporate initiatives and programs.

Attachment 1 to this report presents a table showing each element of the City Planning1999/2000 Business Plan and indicating the derivation and the staff hours required tocomplete, each of the elements. (The staff hours required to complete each of theelements of the Business Plan are taken from the date of tonight’s Council meetingthrough to the end of the 1999/2000 financial year and take into account the revisedtimeframe for the review of Draft LEP 1997.)

As indicated in Attachment 1, the total hours required for the projects and programsincluded in the City Business Plan for the period 17 November 1999 to 30 June 2000 is10,091 hours .

The time lost to the Draft LEP 1997 review and the individual factors that havecontributed to that lost time, have substantial implications for both the scheduling of, andthe ability to resource, the other projects and programs within the 1999/2000 BusinessPlan.

The total number of programmable staff hours* available for Business Plan projects andprograms for the period 17 November 1999 to 30 June 2000 is 5,832hours .(*Programmable hours are those hours available for work specifically on projects andidentified programs. They exclude hours associated with factors such as average sickleave allowances, general correspondence, corporate initiatives and requirements notassociated with the Business Plan, external projects (eg for WSROC etc), assistance tothe general public and meetings not associated with Business Plan projects.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

For the City Planning Branch, these factors have been monitored with a high degree ofaccuracy for the purpose of previous Business Planning exercises.)

Consequently, there is a significant shortfall of 4,259 available staff hours to completethe projects and programs included in the 1999/2000 Business Plan. It should be notedthat the majority of specific planning projects included in the City Planning BusinessPlan, other than the Review of Draft LEP 1997 (Stages 1 and 2) have been planned andbudgeted to be completed using external consultants under the management of in housestaff. Therefore, the further use of external resources to complete these projects will notresult in a reduction of this shortfall.

The shortfall in available hours would require the provision of an additional seven (7)professional staff to complete all of the projects and programs within the current financialyear. This is, clearly, unrealistic as:• it is beyond Council’s financial abilities;• Council would be unable to attract this level of suitably qualified staff to undertake the

work given the current difficulties in the market; and• recruitment, arrangements for accommodation and familiarisation of new staff would

use up most of the available time required to progress the projects themselves duringthis financial year.

Therefore, in light of the need to maintain the emphasis on the review of Draft LEP 1997as Council’s major strategic planning priority, it will be recommended that the CityPlanning Business Plan be revised to delete or defer a range of projects.

Proposed adjustments to the City Planning Business Plan

In consultation with the General Manager, the projects and programs within the CityPlanning Business Plan have been prioritised based on Council’s legal and statutoryobligations, an assessment of Council’s priorities and the ability to make best use of staffskills and availability to work on concurrent projects upon completion of Draft LEP 1997(Stage 1).

That review indicates that the projects and programs identified in Table 2 below shouldbe retained in the City Planning Business Plan for 1999/2000.

Consequently, the projects and programs identified in Table 3 below would be deferredfrom the City Planning Business Plan for 1999/2000. These projects would then berescheduled for completion in the next, or subsequent, year's Business Plans. Table 3makes preliminary recommendations as to how each of these rescheduled projects couldbe dealt with. It should be noted, however, that the potential approach to the reschedulingof those projects may change as Council considers its priorities as part of the upcomingreview of its Four Year Management Plan.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Table 2 - Included Projects/ProgramsProject Comment Total

HoursKatoomba Town Centre/Echo PointImplementation

Restrict to rezoning of formerTAFE site

50

S. 149 certificates, LEP registers etc Statutory requirement 611Development of GIS Required for LEP 1997 80Draft LEP 1997 (Stage 1) As per this report 3,156Draft LEP 1997 (Stage 2) Limit to Glenbrook in 99/2000 600Heritage Register Part of LEP 1997 160Summerhayes Park PoM Minor work to finalise 10Springwood School of Arts S68 report 35Blaxland Res I Rezoning Overseeing of consultant 30Lawson Town Centre Limit to consultation with RTA

and heritage brief60

Guidelines for Plans of Management To provide guidance to otherGroups in preparing PoMs

71

Broad scale LEP amendments Limit to current educationfacilities definition LEP

50

Review of impact of legislation As required 50Review of major DA’s As required 20General landscape/urban design advice As required 100Performance and Priorities Review In line with corporate timetable 120Management Reporting (combined) As required 65Budget/Management Plan prepared In line with corporate timetable 60Budget/Management Plan monitored andreviewed quarterly

Quarterly reviews in line withcorporate timetable

60

Input to Group Projects Management Plan Review/CityStrategy/Area Strategic Planning

35

TOTAL HOURS 5,423

Table 3 - Projects/Programs to be rescheduledProject Potential approach to rescheduling

Draft LEP 1997 (Stage 2) – Core villageAreas

Defer Leura until 2000/2001 financial year

Determine feasibility of preparingadditional s.94 Contributions Plans

Reschedule in line with other Councilpriorities in subsequent financial year/s

Preparation for Blackheath Town CentreStudy

Defer until 2000/2001 financial year.

Katoomba Town Centre Implementation Limit commitment of staff resources tocompletion of TAFE East rezoning as perTable 1 above

Lawson Town Centre Limit commitment of staff resources to 60hours in 99/2000 as per Table 2 above.Action Plan for further work in Lawson toreflect this resourcing availability.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Project Potential approach to reschedulingSpringwood Town Centre Parks Plan ofManagement

Defer to 2000/2001 financial year andpotential reallocation within organisation.

Upper Kedumba River Plan of Management Defer to 2000/2001 and potentialreallocation within organisation

Masterplan for Frank Walford Park Defer to 2000/2001Woodford Academy Plan of Management Defer to 2000/2001Market Testing Defer to fourth waveReview of Plans of Management to accordwith new legislation

Defer to 2000/2001 with the exception ofdeveloping agreed corporate approach toreview program

It should be further noted that a number of other projects which require attention andwhich were not included in the City Planning Business Plan for 1999/2000 will not beable to be progressed in the current financial year. These projects include:

• Chateau Napier Development Control Plan;• Lapstone Tunnel;• Policy development related to telecommunication towers and facilities;• Plan of Management/Masterplan for the public land in the vicinity of Faulconbridge

railway station.

The timing and appropriate allocation of these projects within the organisation will needto be considered during the preparation of Business Plans for 2000/2001 once Council’spriorities are established through the review of the Four Year Management Plan.

By retaining the projects identified in Table 2 above in the 1999/2001 Business Plan andrescheduling the remaining projects as recommended in Table 3, a modest surplus ofapproximately 400 hours (approximately 1.5 weeks across the professional team) isgenerated. However, it should be noted that this surplus of staff hours will not assist inreducing the delivery time for Draft LEP 1997 (Stage 1) as all available resources willcontinue to be committed to that project to meet the revised timeframe as identifiedearlier in this report.

The surplus of staff hours should, rather, be held in contingency to provide a buffer forthe major projects and programs and to ensure that staff can respond to unanticipatedadditional work required as a result of Council resolutions, corporate imperatives etc. Thesurplus staff hours could also be used to commence work on the Leura deferred villagearea following exhibition of Draft LEP 1997 (Stage 1) if it becomes evident that thosehours are not required for the projects retained in the Business Plan.

Conclusion

The review of Draft LEP 1997, following the receipt and analysis of CommissionerCarleton’s report, has been under way since March this year based on a very ambitiousprogram to deliver a high quality LEP for the City. The work undertaken to date hasresulted in the completion of many of the major elements of the review and most of theremaining elements are nearing completion.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

However, the predominantly external factors, discussed in this report, that have impactedon the project have resulted in the loss of substantial time to the review program.Appropriate and timely action has been taken to mitigate the impact of these factors,however, much of the lost time cannot be recouped given the level of sensitivity of thereview program and the reliance of the major tasks on the provision of detailedenvironmental information.

The revised timeframe for the delivery of the Draft LEP can be achieved with theavailable resources but it is vulnerable to further factors that could divert those resourcesaway from the review program. The rationalisation of the City Planning Business Plan inthe manner identified in this report and the avoidance of introducing new or expandedprojects to the Business Plan in the coming months is essential if the integrity of therevised timeframes for delivery is to be maintained.

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Attachment 1

CITY PLANNING - 1999 / 2000 BUSINESS PLAN

Source of project/program

MP - Management Plan (Item No. included)CR - Council ResolutionSTAT - Statutory RequirementAP - Change Management Action Plan

ProjectSource

ProjectTotal Hoursrequired tocomplete

17/11/99 to30/6/2000

MP 4.4.4 1. Katoomba Town Centre/Echo PointImplementation

107

STAT 2. Section 149 certificates, LEP registers 611

MP 4.4.16 3. Development of GIS 80

MP/CR 4.4.6 4. Blackheath Town Centre Study 1,876

MP 4.4.1 Draft LEP 1997 (Stage 1) 3,156

MP 4.4.6 5. Draft LEP 1997 (Stage 2) - Deferred Village Areas

1,540

MP 4.4.1 7. Heritage Register 160

CR Summerhayes Park Plan of Management 10

CR 9 Springwood School of Arts (s68 report)

35

CR 10 Blaxland Res I Rezoning 30

MP 4.4.5 11. Lawson Town Centre 300

MP 4.4.17 12. Review of Plans of Management to accordwith new legislation

216

MP/CR 4.4.17 13. Woodford Academy Plan of Management 212

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CITY PLANNING PROGRAMItem 2 - Ordinary Meeting, 16/11/99

Attachment 1

ProjectSource

ProjectTotal Hoursrequired tocomplete

17/11/99 to30/6/2000

MP/CR 4.4.3 14. Springwood Town Centre Parks Plans ofManagement

201

CR 15. Upper Kedumba River Plan ofManagement

160

CR 16. Masterplan for Frank Walford Park 208

MP 4.4.17 17. Guidelines for Plans of Management 71

MP 4.4.7 18. Broad scale LEP amendments 50

MP 4.4.10 19. Review of impact of legislation (general) 50

MP 4.4.8 20. Examine feasibility of additional s.94 plans 108

Review of major DA’s 20

General landscape/urban design advice 100

AP Performance and Priorities Review 120

AP 24 Management Reporting (combined) 65

AP Market Testing 450

AP Budget/Management Plan prepared 60

AP 27 Budget/Management Plan monitored andreviewed quarterly

60

AP 28 Input to Group Projects 35

TOTAL HOURS 10,091

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CITY PLANNING PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 3

SUBJECT: HAWKESBURY-NEPEAN CATCHMENT INTEGRATED WATERMONITORING FRAMEWORK

FILE NO: H01057

Recommendation:

That Council notes the importance of this work to the environmental management objectivesfor the Blue Mountains and continues to support the development and implementation of theIntegrated Water Monitoring Framework

Report by Group Manager, Strategic Planning:

Background

In March,1999 staff from the Department of Land and Water Conservation, the EnvironmentProtection Authority and the Hawkesbury Nepean Catchment Management Trust met todevelop a proposal regarding an integrated approach to water quality/river health datacollection and assessment, benchmarking and performance assessment. This has nowculminated in the establishment of an Integrated Water Monitoring Framework (IWMF).

Although vast amounts of data pertaining to water quality and river health have been collectedby numerous agencies catchment–wide, data are variable in quality and coverage. Limitationsin our understanding are compounded by information gaps, unequal or no access to availableinformation, inconsistent monitoring standards, duplication of monitoring efforts, anduncoordinated data collection and reporting arrangements.

The IWMF approach will create substantial efficiencies in water management and monitoringefforts and is consistent with the recommendations made by the Healthy Rivers Commission,the Sydney Water (McLellan) Inquiry, and the Independent Pricing and Regulatory Tribunal.

This is an issue of major significance to the Council. The Council has determined that a majorfocus area for it’s activities as described in the 3 Year Management Plan is the protection andrestoration of natural systems, with a priority on water quality and biodiversity. The Councilhas engaged in a number of site and issue specific water quality monitoring projects, but is yetto determine and implement a strategic monitoring framework.

Objectives

The objectives of the Integrated Water Monitoring Framework are as follows:

• To provide for a comprehensive assessment of water quality/river health conditions in theHawkesbury Nepean catchment;

• To detect trends in water quality/river health parameters, enabling comparison withenvironmental objectives (river flow objectives and water quality objectives);

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CITY PLANNING PROGRAMItem 3 - Ordinary Meeting, 16/11/99

• To assess the environmental performance of management practices;• To ensure standard analytical monitoring techniques are adopted for quality

assurance/quality control purposes;• To ensure water quality/river health monitoring results are easily accessible to all

catchment stakeholders (for State of the Environment reporting);• To assist in the preparation, review and auditing of river/catchment management plans;

and• To provide a cost-effective environmental monitoring framework by minimising

duplication and fragmentation.

Attachment 1 contains a flow chart showing the process for the development of theframework.

Stakeholder Involvement

A Steering Committee has been established for the project, which currently includesrepresentatives from the following agencies:• Hawkesbury Nepean Catchment Management Trust;• Environment Protection Authority;• Department of Land and Water Conservation;• Department of Agriculture;• Sydney Catchment Authority;• Sydney Water;• Department of Health; and• Western Sydney Regional Organisation of Councils.

The project is also being conducted in consultation with all other agencies involved in theWater Reform process (e.g NSW Fisheries, NPWS). In establishing the framework, the aimis to develop a whole-of-government/stakeholder approach to water quality/river healthmonitoring in the Hawkesbury Nepean Catchment. Specifically, coordinate the monitoringefforts of all significant catchment stakeholders including:

• State government agencies;• Sydney Water Corporation(SWC);• Sydney Catchment Authority (SCA);• Local Government authorities;• Catchment management committees; and• Community and environmental groups.

The IWMF for the Hawkesbury Nepean will be consistent with the protocols of the StateWater Monitoring Coordination Committee (SWMCC), which supports a whole-of-government approach to the coordination of the collection of environmental monitoringinformation on a state-wide basis. The IWMF Steering Committee for the IWMF will reportto the SWMCC.

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CITY PLANNING PROGRAMItem 3 - Ordinary Meeting, 16/11/99

Council Input

Council’s input to the process so far has been specialist expertise input into the formulation ofthe IWMF potential and approach, and to provide the project team at DLWC with informationabout past, current and proposed monitoring activities undertaken by Council. This wascompleted early this year and has been included in the development of a metadata base. Thisdatabase is to be released for use in the near future. It outlines most of the water qualitymonitoring, which has occurred and is occurring in the Hawkesbury Nepean catchment.

The workshop of stakeholders held on 9th September 1999 attended by Council staff had thefollowing objectives:• to bring together stakeholders involved in the management of surface waters in the

Hawkesbury Nepean catchment for the purposes of identifying water management issuesrequiring water monitoring information to assist in decision making;

• to formulate the surface water management questions needing to be addressed and toidentify common water monitoring approaches that can be addressed through the watermonitoring framework; and

• to provide a brief for the technical working group, by identifying the water managementquestions, for the design of a water monitoring strategy that best addresses the collectiveneeds identified.

(Information on the outcomes of the workshop has been separately provided to theCouncillors.)

The Hawkesbury Nepean Local Government Catchment Management Reference Group(LGCMRG) has recently endorsed the IWMF and has requested the ongoing support ofBMCC.

BMCC’s future support to the development of the framework will involve such things as:• participating in working/technical groups;• reviewing the database when it is released in the new year for accuracy and content as

well as providing an ongoing annual review;• reviewing strategies and other documents produced by the project team;• providing support to marketing of the framework;• provision of data collected as part of Council’s own monitoring; and• contributing technical input into specific proposals.

Expected Outcomes

The IWMF is still essentially in a developmental stage. However, if all of the objectives ofthe framework were realised then the expected outcomes relevant to BMCC would include:

§ enhanced cooperation between BMCC, State Government agencies, Hawkesbury NepeanCatchment Management Trust, and other catchment management stakeholders within theBlue Mountains;

§ a more comprehensive assessment of water quality/river health in the Blue Mountains,than Council could otherwise achieve with its limited resources;

§ access to data which could be used to detect trends in water quality/river health, enhancingState of the Environment reporting;

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CITY PLANNING PROGRAMItem 3 - Ordinary Meeting, 16/11/99

§ assistance with the preparation, review and auditing of catchment management plans; and§ the provision of cost-effective environmental monitoring by minimising duplication and

fragmentation.

CONCLUSION

Given the commitment by the Council and the community to the adoption of an integratedmanagement approach to protection, remediation and restoration of natural systems, withparticular emphasis on water and bio-diversity, the IWMF is of crucial importance to theCouncil in securing a valid and relevant monitoring framework to inform the Council’sprograms. The scale of the task is enormous if we intend to set relevant and practical targets,identify priorities and evaluate the success of efforts to improve water quality within the City.

The success of the local monitoring efforts in providing information relevant to City widemanagement strategies will be entirely dependent upon the establishment of an effectiveinteragency program such as the IWMF. It is therefore recommended that the Councilcontinue to support the development of this framework and to seek to build the localmonitoring upon the IWMF concept.

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CITY PLANNING PROGRAMItem 3 - Ordinary Meeting, 16/11/99

Attachment 1

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COMMUNITY & RECREATION PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 4

SUBJECT: COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONSBY COUNCILLORS

FILE NO: C00944

Recommendation:

That Council approve the following donations from the Councillors’ Minor Local ProjectsVote:-

Organisation Amount

BM Antar $100Mountains Community Transport Inc $100National Servicemen’s Association Blue Mountains & Districts Sub-Branch $100

Report by General Manager:

On 1 November 1994 Council adopted a statement of broad principles for the provision ofcommunity assistance/donations.

The following recommendations for donations, which appear to fall within the ambit of thebroad principles, have been received and are submitted for approval.

Minor Local Projects

RecommendingCouncillor

Organisation Purpose Amount

Cr H Kozelj BM Antar Towards costs incurredstaging “Hands Display”symbol of reconciliation

$100

Cr C Van der Kley Mountains CommunityTransport Inc

Health Link Project $100

Cr C Van der Kley National Servicemen’sAssociation - BlueMountains & DistrictsSub- Branch

To help start a new Sub-Branch and purchase flag

$100

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DEMOCRATIC GOVERNMENT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 5

SUBJECT: SYDNEY WATER CORPORATE CUSTOMER COUNCIL VACANCY -LOCAL GOVERNMENT REPRESENTATIVE FROM THE GREATERWESTERN SYDNEY AREA

FILE NO: C00070

Recommendation:

That Council recommend up to three nominations for the Local Government representativefor the Greater Western Area of the Sydney Water Corporate Customer Council.

Report by General Manager:

In accordance with Section 15 of the Sydney Water Act, Sydney Water must establish andregularly consult with one or more Customer Councils to enable community involvement inissues relevant to the performance of Sydney Water’s obligations under its operating licence.

Until four years ago, the Sydney Water Corporate Customer Council had a representativefrom Blacktown City Council as the Local Government representative for the GreaterWestern Region of Sydney Water. This representative resigned from the Corporate CustomerCouncil four years ago and due to an oversight, on the part of Sydney Water, was notreplaced. This has apparently left the Greater Western Sydney Area without a LocalGovernment representative for the last four years. Sydney Water is eager to have the vacancyfilled as quickly as possible and is asking all Councils within the Greater Western SydneyArea to each recommend two or three nominations for the position.

The Corporate Customer Council meets at Sydney Water’s Head Office in Bathurst Street,Sydney six times per year from 9.00 am to 1.00 pm.

Following the receipt of nominations from Greater Western Sydney Councils, Sydney Waterwill consider the nominations and make a recommendation to the Managing Director.Currently, there is no length of term of office, but in the future the New South WalesGovernment may legislate to make the term of office as two years.

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LAND USE MANAGEMENT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 6

SUBJECT: DEVELOPMENT APPLICATION FOR PROPOSED RETIREMENTUNIT COMPLEX COMPRISING FOURTEEN (14) UNITS INACCORDANCE WITH STATE ENVIRONMENTAL PLANNINGPOLICY NO. 5 (SEPP 5) AT LOT 1, DP 8887 AND LOT 12, DP 880226,42 AND 43 GREEN PARADE, VALLEY HEIGHTS

FILE NO: X99/1003

Recommendations:

1. That Development Application No. X99/1003 for the construction of a retirement unitcomplex (for persons over 55 years of age) comprising fourteen (14) units at Lot 1,DP 8887 and Lot 12, DP 880226, 42 and 43 Green Parade, Valley Heights be refusedfor the following reasons:

(a) The proposed development is inconsistent with the provisions of StateEnvironmental Planning Policy No. 5 particularly in regard to the location ofthe site and access for future residents to facilities and services.

(b) Approval of the subject development is not considered to be in the publicinterest.

(c) The subject proposal for fourteen (14) residential units fails to provide anadequate level of residential amenity for future residents of the units,particularly with regard to solar access to the units.

(d) The design of the development and siting of the buildings on the land and theirrelationship to adjoining properties is poor.

2. That Council undertake the preparation of a Development Control Plan or similar toprovide more definitive development standards relating to SEPP 5 housingdevelopment in the Blue Mountains.

Report by Group Manager, Health and Development:

Reason for report The application has been referred to Council arising from aCouncillor request and in recognition of the level of publicinterest resulting from the community consultation process.

Applicant EODO Pty Ltd‘Airlie’BATHURST 2795

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Owners M J HobbsPO Box 119MERRYLANDS 2160

Department of EducationGPO Box 33SYDNEY 2001

Application lodged 27 July 1999

Development controls Zoning - LEP 4: Residential 2(a1)DLEP 1997: Living Conservation

Environmental Protection(10%)State Environmental Planning Policy No. 5 (SEPP 5)

Property address Lot 1, DP 8887 and Lot 12, DP 880226, 42 and 43 Green Parade,Valley Heights.

GREEN PDE

CAMBRIDGE ST

GREEN PDE

WARATAH RD

22//888722//888722//888722//888722//888722//888722//888722//888722//8887

28//888728//888728//888728//888728//888728//888728//888728//888728//8887

21//888721//888721//888721//888721//888721//888721//888721//888721//8887

19//888719//888719//888719//888719//888719//888719//888719//888719//8887

18//888718//888718//888718//888718//888718//888718//888718//888718//8887

17//888717//888717//888717//888717//888717//888717//888717//888717//8887

16//888716//888716//888716//888716//888716//888716//888716//888716//8887

15//888715//888715//888715//888715//888715//888715//888715//888715//888714//888714//888714//888714//888714//888714//888714//888714//888714//8887

102//631760102//631760102//631760102//631760102//631760102//631760102//631760102//631760102//631760

1//266441//266441//266441//266441//266441//266441//266441//266441//26644

6//88876//88876//88876//88876//88876//88876//88876//88876//8887

5//88875//88875//88875//88875//88875//88875//88875//88875//8887

4//88874//88874//88874//88874//88874//88874//88874//88874//8887

B//373532B//373532B//373532B//373532B//373532B//373532B//373532B//373532B//373532

2//2122012//2122012//2122012//2122012//2122012//2122012//2122012//2122012//212201

1//2122011//2122011//2122011//2122011//2122011//2122011//2122011//2122011//212201

1//88871//88871//88871//88871//88871//88871//88871//88871//8887

2//246892//246892//246892//246892//246892//246892//246892//246892//24689 4//246894//246894//246894//246894//246894//246894//246894//246894//24689

1//8405041//8405041//8405041//8405041//8405041//8405041//8405041//8405041//840504

5//246895//246895//246895//246895//246895//246895//246895//246895//24689

//399039//399039//399039

MAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDEMAIN WESTERN RLY/GREEN PDE

13//88022613//88022613//88022613//88022613//88022613//88022613//88022613//88022613//880226

12//88022612//88022612//88022612//88022612//88022612//88022612//88022612//88022612//880226

The site is located opposite a property listed as a heritage item(“Gatekeeper’s Cottage”) under LEP 4 and the railway line.Single detached residential dwellings characterise the locality.Springwood Town Centre is situated some 3.2 kms (Post Office)to the west of the proposed development while Valley Heightsrailway station is approximately 1.3 kms west of the site.

Subject

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Proposal Council has received an application for the development of aretirement unit complex comprising fourteen (14) single storeyunits as shown in Attachment 1 to this report. The proposal isfor the provision of housing under State Environmental PlanningPolicy No. 5 (SEPP 5) - Housing for Older People or People witha Disability. The proposed unit composition is eleven (11) two-bedroom units and three (3) three-bedroom units. The form andarchitectural style of the development is considered later in thisreport.

The site of the proposed development has an area of 6495m2 witha frontage of 37.47 metres to Green Parade and is irregular inshape. Constructed on Lot 1 is a single dwelling. Lot 12 is aresidue lot from the subdivision and rezoning of land formerlyowned by the Department of Education. The proposal includesthe demolition of all existing structures on site.

Notification The proposal was notified to affected property owners andadvertised in the local newspaper in accordance with Council’sCommunity Consultation Policy. The exhibition commenced on4 August 1999 and submissions were received until 3 September1999. Seventeen (17) submissions were received by Council, oneof which was a petition containing 129 signatures objecting to thedevelopment. Sixteen (16) of the submissions received raisedobjections to the proposal, while one (1) was in support. Asummary of the issues contained in the submissions is providedin the following table and are considered in the report.

ISSUE DETAILDensity andoverdevelopment of site

• excessive number of units for the site• density of development at odds with residential character• no justification for three bedroom units for aged persons• proposal involves all detached dwellings, thus increasing

the use of land and impact on the site

Restrictions of use • no proposal to limit use of the development for people aged55 years and over or the disabled

• covenants or restrictions may be difficult for Council toimpose or enforce

• what will the title of the land be Strata or Torrens Title?

Medium density housing • provides medium density housing in a zone which prohibitssuch development

• sets a precedent for multi unit housing in the area• development not consistent with intentions of SEPP 5

housing

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Access to facilities • poor access to services in Springwood Town Centre• no facilities or services provided as a part of the

development

Drainage provision • excessive stormwater drainage• increased hardstand areas• impact of onsite car washing, etc

Zoning and compliancewith SEPP 5, LEP 4 andDraft LEP 1997

• proposal does not comply with either LEP 4 or Draft LEP1997

• the use of SEPP 5 gives no consideration to the lifestyleand environment of the elderly

• use of SEPP 5 is a way of obtaining approval for mediumdensity development in an area not zoned for mediumdensity development

Transport and pedestrianfacility availability

• infrequent bus services• insufficient/inadequate pedestrian facilities in the area• approximately 1.5 km walk to Valley Heights station• access to the development is not via a public road

Bushfire • high bushfire threat• requires access to be provided during emergencies• development will result in the loss of access to the existing

fire trail for local residentsGarbage storage • difficult due to the location of entrance

Character • the proposal is inconsistent with character of the area• will change the outlook of the area• site is currently used by local residents for recreation

Impact on flora and faunaand the adjoining EP zone

• concern regarding impact on the native flora and fauna ofthe site and its locale

• off site impacts resulting from the development likely toadversely impact on the adjoining EP zone

• no detailed environmental study has been undertaken

Amenity • noise impacts from the development on existing residentialproperties

• provision of a community hall considered to be token• impacts on adjoining residents have not been considered• impacts on privacy of adjoining and future residents

Parking/traffic • insufficient car parking• will increase traffic problems in the area• increased onstreet car parking• Green Parade is a busy thoroughfare for traffic from the

Highway as well as for local traffic

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Background

Arising from the initial consideration of this application and in addressing the concerns of thecommunity submissions, Council staff sought amendments and additional information fromthe applicant to respond to key aspects of the proposal. The request for information and therequest for amendments were directed to providing a development that minimised impacts onthe surrounding properties and additional information was sought to address Council’sconcerns with regard to the location and provision of adequate support services and facilitiesfor future residents. The application presently before Council is not considered to meet theobjectives and provisions of SEPP 5 or respond to the issues raised in the communitysubmissions.

In light of the relative isolation of the development site and lack of specific provision forsupport services, Council officers requested that the applicant address such matters asemergency monitoring and home care/support. As a consequence of these discussions theapplicant provided additional information to Council on 6 October 1999 which confirmedtheir willingness to provide the following services to the site:

• Emergency monitoring via the installation of a medical alert system, linked to a24hr/day monitoring and response provider;

• Care/Support/Monitoring via the contracting of a suitable care agency to providethe proper range of services and care for residents.

Identification of issues

1. Statutory requirements2. Impacts of the Development3. Suitability of the site for the development

Discussion of issues

1. Statutory requirements

The application has been assessed in accordance with the Environmental Planning andAssessment Act, 1979, in particular the Section 79C matters for consideration and wherepertinent, comments have been made in addressing these considerations.

The application has been considered in accordance with the provisions of the relevantplanning instruments, namely State Environmental Planning Policy No. 5 (SEPP 5) - Housingfor Older People or People with a Disability and Blue Mountains Local Environmental PlanNo. 4 (LEP 4).

The development is only permissible in the Residential 2(a1) zone pursuant to SEPP 5, whichpermits development for the purpose of housing for older people or people with a disability inplaces where otherwise land zoning prohibits such development.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

(a) SEPP 5

Pursuant to Cl. 5 of SEPP 5, this instrument prevails over any other environmental planninginstrument to the extent of any inconsistency. Therefore, SEPP 5 is the primary instrument tobe considered by Council with respect to the subject development.

SEPP 5 relates to the provision of housing for older people or people with a disability. Thesubject application relates specifically to the provision of housing for older people, that ispeople over 55 years of age.

The relevant provisions of SEPP 5 for consideration have been outlined in a table whichforms Attachment 2 to this report. Particular attention has been given in the table todevelopment criteria and design requirements. Comment is provided in the table wherepertinent.

The provisions of the SEPP relate to services, location and design matters. In terms oflocation and services, considerations include proximity/access to, and availability ofappropriate commercial facilities, support services and transport facilities. Site specificmatters include the design of the development, landscaping, disabled access facilities, amenityof residents and stormwater disposal.

The area where the proposed development is most inconsistent with the SEPP is in relation tothe available access of future residents to services and support facilities. The site isconsidered to be isolated from the Springwood Town Centre and other local service centres.The applicant is considered to have failed to demonstrate that this deficiency with the locationof the site in relative isolation can be overcome.

(b) Draft Local Environmental Plan 1997

Draft LEP 1997 proposes that the subject land be zoned Living Conservation within whichSEPP 5 would not be expected to apply.

(c) Development Control Plans

The proposal complies with all relevant Development Control Plans (DCPs), to the extent thatthose DCPs are consistent with the provisions of SEPP 5. As stated above, in the event ofinconsistency, the provisions of SEPP 5 apply.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

2. Impacts of the Development

Design

The proposal involves the construction of fourteen (14) single storey units of face brick finishwith metal roofs. Some concern has been raised by Council officers regarding theconfiguration of the units on the site and the relative size of these units in light of the natureand mobility of future residents. In support of the proposal the applicant, in the Statement ofEnvironmental Effects which accompanied the application stated that:

“The people occupying the units will be 55 years of age and over and more likely tohave the ability to be independent and self sufficient."

The design and location of such housing needs to have regard to the objectives of SEPP 5which, in Part 2: Development Criteria states:

“The objective of this Part is to create opportunities for the development of housingthat is located and designed in a manner particularly suited to both those older peoplewho are independent, mobile and active as well as those who are frailer, and otherpeople with a disability regardless of their age.”

In this particular development, the layout and design is considered to be one typical of amedium density scheme. The proposed development is of a significantly higher density thanthe prevailing area, which is characterised by single detached dwellings. While the buildingsat the street elevation are of single storey construction and provide setbacks that are similar toresidential development in the vicinity, the applicant has not adequately demonstratedcompliance with the design requirements identified in Part 3 of SEPP 5. In particular,clause 25 states, in part that:

“Consent must not be granted for development to which this Part applies unless theconsent authority is satisfied that the proposed development demonstrates thatadequate regard has been given to the following principles:

(a) Streetscape: The proposed development should:

(i) contribute to an attractive residential environment with clear characterand identity; and

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

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

(b) Visual and acoustic privacy: The proposed development should, wherepracticable, consider the visual and acoustic privacy of neighbours in thevicinity and residents.

(c) Solar access and design for climate: The proposed development should, wherepossible:(i) ensure adequate daylight to the main living areas of neighbours in the

vicinity and residents and adequate sunlight to substantial areas ofprivate open space, and

(ii) involve site planning, dwelling design and landscaping that reducesenergy use and makes the best practicable use of natural ventilation,solar heating and lighting.”

Locality

The site is located some distance (approximately 3.2 km) from the Springwood Town Centreand 1.3 km from Valley Heights railway station, and as such is considered by Council officersto be isolated.

The site slopes away from Green Parade with a cross slope from west to east of approximately12%.

The site is opposite a property which is listed as a heritage item under LEP 4 and the railwayline. Access is from Green Parade which is a rather busy transport route for local vehiclesand through traffic.

It is anticipated that the proposal will constitute a significant departure from the prevailingconventional dwelling character of the locality. The property opposite contains the heritageitem, the “Gatekeeper’s Cottage”, however the residence is actually located further to thewest of the site almost opposite the Cambridge Street intersection.

Vegetation

The site is essentially a north-south block on a ridge which falls away to the eastern(approximately 1 in 8.75 slope) side beyond the boundary of adjacent Lot 13 (EP zone). Themajority of the land is covered in original vegetation with incursions of weeds along thewestern and southern boundaries. The vegetation survey submitted with the applicationdescribes the vegetation as Sydney Sandstone Ridgetop Woodland. The canopy varies inheight from 14 m-20 m, the dominant tree species being Turpentine, Yellow Bloodwood anda Stringybark species.

The understorey, which varies in height (1-4 m), is typically rich in those areas that areundisturbed, but poor when compared to the adjoining EP zone.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

The block is cleared at its frontage for a depth of approximately 50 m and there is a similarcleared area at its south western corner approximately 30 m deep and 25 m wide. A concreteroadway is constructed along the eastern boundary from Green Parade to a pumping station100 m away. Significant clearing would be required to accommodate the development andthe required Fire Protection Zones (approximately 20 m deep around the development), and itis anticipated that this level of clearing will significantly alter the bushland character of theimmediate area.

3. Suitability of the site for the development

Services and facilities

As already stated the site is considered to be isolated from all reasonable support services andamenities. Pursuant to clause 12 of SEPP 5:

“The consent authority must not consent to a development application made pursuantto this part unless the consent authority is satisfied, by written evidence, that residentsof the proposed development will have reasonable access to:

(a) shops, banks and other retail and commercial services that residents mayreasonably require; and

(b) community services and recreation facilities; and(c) health services and recreation facilities; and(d) transport;

and where appropriate:

(e) home delivered meals; or(f) personal care and home nursing; or(g) assistance with housework; or(h) on site communal meeting spaces (internal and/or external).

In deciding whether the level of access residents have to each facility and servicelisted in subclause (1) is reasonable (whether provided as a part of the development orby an external service provider) the consent authority must consider the following:

(a) the type of housing proposed and the needs of the people who are most likely tooccupy that type of housing;

(b) whether the type or scale of housing proposed could, or may reasonably beexpected to, provide some facilities and services on site in a cost effectivemanner;

(c) whether any relevant facility or service is or will be convenient to residents ofthe proposed housing in view of the walking distance and availability of publictransport to and from the facility;

(d) the affordability of any relevant facility or service.”

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

The purpose of the legislation is to create housing in a location and of a type which enablesthe elderly/disabled to have access to an appropriate range and type of services. With this inmind, the access from the site to those services, for the range of persons likely to reside insuch a development cannot be considered reasonable or acceptable under clause 12 of SEPP5.

This has been confirmed by Council’s Strategic Planning Group in their review of theinformation provided with the application.

Pedestrian access and public transport

SEPP 5 requires the provision of convenient facilities or services to residents in view of thewalking distance and availability of public transport.

As discussed above, the development due to its isolation does not include provision of anoptimum level of access from the site to facilities in Springwood Town Centre for residents.The distance is not realistic for pedestrian access. There is only limited public transportservice in the immediate locality of the development.

The current informal/unformed footpath system or more correctly the walking desire line oflocal residents does not provide safe or effective pedestrian access to either the facilities ofSpringwood Town Centre, the bus stop or the Valley Heights railway station.

Bushfire

The fire rating for the site is ‘High’ and the provision of a Fire Protection Zone (FPZ) 20 mwide within and along the eastern and southern boundaries of the site needs to be incorporatedinto the design of any development on the site. The FPZ is required to consist of:

• A Fuel Free Inner Zone extending 10 m from the outer walls of units 9 to 14.This zone would consist of ground covers and turf.

• A Fuel Reduced Outer Zone of 10 m. Existing trees can be retained in this zone.

The above requirements have been included in the subject proposal.

Landscaping

The proposal does incorporate landscaping, but the extent of landscaping is limited due to theneed to maintain adequate Fire Protection Zones for bushfire protection purposes.

However, the landscaping proposed does comply with the requirements of the SEPP.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Alternative development options for the site

While the site is considered by Council officers to be inappropriate for the subjectdevelopment, alternative development outcomes have been discussed with the applicant. It isacknowledged that the site clearly has a development potential in excess of two conventionaldwellings. Council officers have met the applicant’s surveyor on site with a view to lookingat the subdivision potential of the site. As a consequence of this investigation, Councilofficers indicated that the site had a potential lot yield of up to five (5) conventionalresidential lots with access off the roadway currently used for access to the existing pumpingstation. The applicant declined this option and has chosen to proceed with the subject SEPP 5development proposal.

Conclusion

As stated in this report, one of the primary objectives of SEPP 5 is to provide housing in alocation and of a type which is suitable for the elderly and people with disabilities. With thisin mind, the access from the subject site to appropriate services and support facilities, for arange of elderly/disabled persons cannot be considered reasonable or acceptable in thisinstance and, as such, it is recommended that Council not grant consent to the subjectdevelopment in this location.

In addition, there are a number of concerns with the proposed design and layout of thedevelopment.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Attachment 1

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Attachment 1

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Attachment 1

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Attachment 2 – SEPP 5 Assessment

MATTERS FORCONSIDERATION REQUIREMENT COMMENT ON COMPLIANCELocation, facilities andsupport services.Cl. 12 (1)

Provision of written evidence thatresidents will have reasonable accessto:• shops, banks and other retail and

commercial services;

• community services andrecreation facilities;

• health services;

• transport;

• home delivered meals;

• personal care and home nursing;

• assistance with housework;

• on site communal meeting areas(internal and/or external).

The applicant maintains that all facilities areavailable to residents in Springwood. This isnot considered acceptable as:shops, banks and other retail and commercialservices are 2.8 kms away;Post Office is 3.2 kms away;community services and recreation facilities are2.8 kms away (library, community centre);health services are 2.8 kms away;transport - bus stop 0.3 km - train 1.3 kmhome delivered meals – confirmation ofavailability has not been provided;personal care and home nursing - privateagreement;assistance with housework - private serviceagreement;on site communal meeting areas (internaland/or external) - not provided.

It should be noted that limited commercialservices such as postal services, a newsagencyand a convenience store are available atWarrimoo which is less than 2 km to the east ofthe site, however these services are stillconsidered to be isolated from the site andinaccessible for pedestrians.

Access to services andfacilitiesCl. 12 (2) (a)

Level of access to facilities in (1)above with respect to the type ofhousing proposed and the needs of thepeople most likely to occupy housing.

As stated above, the site is considered to beisolated from reasonable services and facilitiesand as such the proposal does not comply.

Access to services andfacilitiesCl. 12 (2) (b)

Whether the type of developmentcould reasonably provide facilitiesand services on site in a cost effectivemanner.

In view of the scale of the development(14 units only), the proposal does not lend itselfto the provision of facilities and services on siteon a cost effective basis apart from theprovision of emergency monitoring andcare/support/monitoring services for all unitsfrom an appropriate care agency.

Proposal does not comply.Access to services andfacilitiesCl. 12 (2) (c)

Convenience of facility or service toresidents in view of the walkingdistance and availability of publictransport .

There are no pedestrian facilities and there arenone existing in the locale, therefore theproposal does not comply.

A bus stop is located approximately 0.3 kmfrom the site and is available for publictransport to Springwood and Sydney as well asto the nearby rail stations at Warrimoo andValley Heights on a limited basis (hourly toSpringwood and less frequent to Penrith).

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Attachment 2 – SEPP 5 Assessment

DESIGN OFRESIDENTIALDEVELOPMENT

REQUIREMENT COMMENT ON COMPLIANCE

Access to services andfacilitiesCl. 12 (2) (d)

Affordability of services or facilities. It is anticipated that the cost of providingsupport services on site would be costly on anongoing basis due to the limited number ofunits and relative isolation of the site. It is notconsidered that the proposal complies.

Availability of facilities orservicesCl. 12 (3)

Facilities and services are to beavailable to residents when housing isready for occupation.

It is not likely that the proposal can provide forappropriate facilities and services.

Water and sewerageCl. 12 (4)

Development is to be connected toreticulated water system and is tohave adequate facilities for removalor disposal of sewage.

Development can comply.

Wheelchair accessCl. 13 (a)

50 per cent of dwelling units are tohave wheelchair access to anadjoining public road or an internalroad or driveway that is accessible toall residents.

10 per cent of dwellings units to haveor may be modified to have internalwheelchair access to all essentialareas and facilities inside thedwellings, including toilet, bathroom,bedroom and a living area.

People in a wheelchair can accesscommon areas.

All units are proposed to have access to theinternal road system for persons with adisability. Units 1 and 2 only are proposed tohave wheelchair access to Green Parade via aconcrete ramp.

Based on the applicant’s submission one unitonly is proposed to be designed in accordancewith AS 1428-1992, 1993 for occupation andaccess for persons with a disability. The SEPPstandard would require that 1.4 units (or2 units) be designed for disabledaccess/accommodation or be suitable forconversion. Details have not been provided inthis regard.

Proposal complies.

Building HeightCl. 13 (b) & 14 (a)

Maximum height of buildings whereresidential flat buildings areprohibited is less than 8 metres.

Complies. The maximum height of buildings is5 metres.

Density and ScaleCl. 14 (b)

Density and scale expressed as a floorspace ratio (FSR) is 0.5:1 or less.

Complies with a FSR of 0.25:1 calculated froma floor area 1639.5m2 and a site area of6495m2.

LandscapingCl. 14 (c)

Minimum of 35m2 of landscaping perdwelling

Complies. The proposal provides for 3500m2

(approx) of landscaping for the 14 units.ParkingCl. 14 (d)

A minimum of 0.5 car parking spacesare to be provided for each bedroomof the development.

Complies. The development requires 16 carparking spaces - the proposal provides 16spaces.

People who may live inproposed SEPP 5 housingCl. 15

• older people or people with adisability;

• people who live with older people

or people with a disability; • staff employed to assist in the

administration of and provision ofservices to SEPP 5 Housing

Conditions could be included in a consent toreflect this requirement.

A Section 88B instrument could be required ina consent, to limit ownership and occupancy tothis specified group of people.

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LAND USE MANAGEMENT PROGRAMItem 6 - Ordinary Meeting, 16/11/99

Attachment 2 – SEPP 5 Assessment

DESIGN OFRESIDENTIALDEVELOPMENT

REQUIREMENT COMMENT ON COMPLIANCE

SubdivisionCl. 18

Land to which development has beencarried out under SEPP 5 may besubdivided with the consent of theCouncil.

The submitted application does not include atthis stage a proposal by the applicant tosubdivide the development under strata titleupon completion.

Site analysisCl. 24

Council is required to consider a siteanalysis prepared with respect to thedevelopment.

A site analysis has been prepared and submittedwith the application and demonstrates that thedevelopment can be effectively accommodatedon the subject site, however the consequencesof the development are such that it is notsupported.

StreetscapeCl. 25 (a)

The proposal is to contribute to anattractive residential environmentwith clear character and identity.

Where possible, retain, complementand sensitively harmonise with anyheritage conservation areas in thevicinity and any relevant heritageitems that are identified in a localenvironmental plan.

There are some concerns with the appearanceof the proposed development.

Site is opposite a property listed as a HeritageItem – “Gatekeeper’s Cottage” (VH3) underLEP 4. The building is located to the west ofthe development site almost at the intersectionof Green Parade and Cambridge Street. It isconsidered that the proposal does not give dueconsideration to the impacts on the heritageitem or its curtilage.

Visual and acoustic privacyCl. 25 (b)

The proposed development should,where practicable, consider the visualand acoustic privacy of neighbours inthe vicinity and residents by:• appropriate site planning, the

location and design of windowsand balconies, the use ofscreening devices andlandscaping, and

• ensuring acceptable noise levelsin internal living and sleepingareas of new dwellings.

The applicant has considered visual andacoustic privacy of neighbours however the siteis located opposite the railway line. No noiseattenuation measures are proposed, howeverthis could be appropriately conditioned.

Solar access and design forclimateClause 25 (c)

• adequate daylight to main livingareas of neighbours in the vicinityand residents and adequatesunlight to substantial areas ofprivate open space, and

• involve site planning, dwellingdesign and landscaping thatreduces energy use and makes thebest practicable use of naturalventilation solar heating andlighting.

The design represents a poor response to issuesof energy efficiency with living areas generallyorientated to the east.

Overshadowing will occur as a consequence ofthe long narrow shape of the land and the factthat units have been orientated in a row fromGreen Parade to the rear of the property.

StormwaterClause 25 (d)

• development should control andminimise the disturbance andimpacts of stormwater runoff onadjoining properties and receivingwaters;

• include, where practical, on-sitestormwater detention or re-use forsecond quality water uses, and

• be designed with regard to thescope for on-site infiltration ofwater.

The stormwater management plan submitted bythe applicant demonstrates compliance withthese principles.

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LAND USE MANAGEMENT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 7

SUBJECT: REVIEW OF THE INTRODUCTION OF CONTESTABLE WORKINTO THE DEVELOPMENT MANAGEMENT FUNCTIONS

FILE NO: C03220

Recommendation:

That the report on the approach to the introduction of contestable work into the DevelopmentManagement Functions of Council be received and noted.

Report by Group Manager, Health and Development:

Background

In July 1998 the State Government implemented major changes to the EnvironmentalPlanning and Assessment Act 1979. These changes introduced a new approach to thedevelopment, subdivision and building approval process, whereby a section of the workpreviously the responsibility of Council is open to competition from accredited certifiers.This work includes:

§ Complying Development Certificates (development consent for minor applications).§ Construction Certificates (a compliance check against the Building Code of Australia and

Australian Standards).§ Compliance Certificates (a series of inspections to ensure identified standards are

maintained).

Other key changes included the review of assessment criteria for development applicationsand ‘integrated’ development consent, whereby concurrence from other authorities needed tobe obtained as part of the development consent.

The nature and extent of the changes required a considerable amount of work to be completedboth prior to and following the 1st July 1998 introduction date. As the legislation hasunfolded, further refinements to processes and procedures have been made. Examples of thework undertaken have included Development Control Plans on Exempt and ComplyingDevelopment and Community Consultation; a review of standard letters and conditions ofconsent; refinements to the management system; and education of clients to the newlegislation via the Council’s Developers Forum, newsletters etc.

Planning for the future

Over the last year the number of accredited private certifiers has increased while theimpending gazettal of the Exempt and Complying Development DCP will provide furthercertification opportunities. It is now opportune to undertake a major review to defineCouncil’s statutory, enforcement, competitive and community service obligation roles,together with their direction and interaction within the overall land use management program.

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LAND USE MANAGEMENT PROGRAMItem 7 - Ordinary Meeting, 16/11/99

There are a number of options for Council to pursue in responding to the introduction ofcontestable work. At one extreme a limited role could be pursued through encouraging theprivate sector to meet the needs of the construction industry, only accepting those clientsseeking Council as the Principal Certifier and thus Council would concentrate on theenforcement role. The opposite role would be to maximise contestable work throughcompetition with Private Certifiers both within and outside the Blue Mountains LGA.

The approach that is proposed to be investigated is a model within which Council would aimto maintain both a certifying role within the Blue Mountains and regulatory role in terms ofenvironmental and amenity protection. It would be envisaged that officers would seek tomarket Council’s service to builders/developers. This would, however, be pursued havingregard to the following objectives:

- inclusion of all associated overheads/full cost recovery in the contestable services;- ensuring that the local community maintains access to a full construction

assessment/ inspection service;- a clear differentiation between the contestable/regulatory roles.

As an organisation there are considered to be benefits in terms of the range of servicesavailable locally to the community, level of expertise within the Council, benefits ofeconomies of scale and ability to build on existing links with the development industry.There could also be benefits in terms of the range of work adding to staff satisfaction, careerdevelopment and retention.

Depending on the final approach that is endorsed by Council, it will be necessary to undertakea sizeable review to address such matters as:

- appropriate work arrangements;- organisational structure;- business tools in terms of customer contract agreements, recording systems etc;- determining customer service standards and fees.

The work would be commenced in late 1999 and continue with the Market Testing of theDevelopment Teams in the first half of 2000.

Progress in this area is envisaged as being reported to Council over the next nine months.

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LAND USE MANAGEMENT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 8

SUBJECT: DRAFT POLICY ON CONTAMINATED AND POTENTIALLYCONTAMINATED LAND

FILE NO: C00815

Recommendation:

That Council publicly exhibit the draft Policy on Contaminated and Potentially ContaminatedLand.

Report by Group Manager, Health and Development:

Introduction:

Contaminated land within the City can be a health risk to the environment and to the public.The State Government last year implemented a series of legislative reforms that seek to assistCouncils and landowners in the management of contaminated land.

These reforms included the enactment of the Contaminated Land Management Act, 1997, thegazettal of State Environmental Planning Policy No. 55 – Remediation of Land and thepublication of Managing Land Contamination: Planning Guidelines 1998 by the Departmentof Urban Affairs and Planning.

In 1996 Council exhibited a draft Policy for contaminated land. However due to delays in theforeshadowed changes to the legislation, it was considered inappropriate to recommend thatCouncil adopt the Policy. Nevertheless, the exhibition did result in 22 submissions from landowners, government agencies and consultants. The submissions were mainly constructive andin addition to comments on the content of the Policy, many included submissions on why aparticular property should not be on a register or database.

The draft Policy has now been completely rewritten to reflect the recent changes to thelegislation and the previous public submissions. A copy of the draft Policy has beenforwarded separately to Councillors.

The purpose of this report is to recommend the exhibition of a new draft Policy forContaminated and Potentially Contaminated Land.

The Policy:

The draft Policy broadly sets out the legislative framework for the management ofcontaminated land, Council’s approach to applications to develop lands that are or have beenpotentially contaminated and advice and information that Council should make available tothe public through Planning Certificates.

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LAND USE MANAGEMENT PROGRAMItem 8 - Ordinary Meeting, 16/11/99

The Policy is aimed at ensuring a transparent and open approach in order to minimise the riskto public and environmental health, without unduly interfering with landowners propertyrights.

Conclusion:

The draft Policy is considered to be necessary to guide land owners and assist Council in themanagement of land that is or is potentially contaminated. It is recommended that the draftPolicy be exhibited for public comment. The draft Policy would also be sent to the owners ofland that has been identified as contaminated or potentially contaminated for their comment.

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ORGANISATIONAL SUPPORT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 9

SUBJECT: PURCHASE OF LAND – LOT 7, SECTION B, DP 6564, 16 IRISSTREET, WENTWORTH FALLS

FILE NO: C00980

Recommendations:

1. That Council purchase Lot 7, Section B, DP 6564, 16 Iris Street, Wentworth Falls for$8,000.

2. That Council confirms its intention as set out in Minute No 427 of 7 September 1999to classify the land as “Operational”.

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

Report by Group Manager, Assets & Corporate Services:

The purpose of this report is to confirm Council’s intention to purchase 16 Iris Street,Wentworth Falls, being Lot 7, Section B in Deposited Plan 6564, and to classify the land as“Operational” in accordance with the provisions of the Local Government Act, 1993. Thepurpose of this land purchase is to consolidate the property with adjoining Council land andultimately sell it as a developable parcel in the future.

BackgroundLot 7, Section B in Deposited Plan 6564 is zoned Residential Bushland Conservation (4000).The area of the land is approximately 4,500 square metres. However, the land also has a largeportion of Environmental Constraint and a portion of Environmental Protection. The useablearea for development is approximately 1,000 square metres, only one quarter of what isrequired under the zoning.

The owner of the subject property approached Council some time ago requesting Council topurchase the property because the zoning prevented her from building.

Council at its meeting of 7 September 1999 resolved, Minute 427:

“1. That Council seek to purchase Lot 7, Section B, Deposited Plan 6564, 16 IrisStreet, Wentworth Falls for $8,000.

2. That in accordance with the provisions of Section 34 of the Local GovernmentAct 1993 the Council give notice of its proposal to acquire Lot 7, Section B,Deposited Plan 6564, 16 Iris Street, Wentworth Falls and to classify it as“Operational”.

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

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ORGANISATIONAL SUPPORT PROGRAMItem 9 - Ordinary Meeting, 16/11/99

The purchase will be funded by the State Government Grant for the purchase ofenvironmental affected land that can be consolidated and resold in the future.

Current StatusPursuant to Section 34 of the Local Government Act the proposal to acquire the land andclassify it as “Operational” was advertised in the Blue Mountains Gazette of 22 September1999, for the required 28 day period. Any person wishing to make a submission to Councilon the proposal to acquire the land and classify it as “operational” could do so in writing. Nosubmissions were received. Council is therefore now in a position to confirm its intention toclassify the land as “operational” and proceed with the purchase.

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ORGANISATIONAL SUPPORT PROGRAMItem 9 - Ordinary Meeting, 16/11/99

Attachment

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ORGANISATIONAL SUPPORT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 10

SUBJECT: SCHEDULE OF INVESTED MONIES

FILE NO: C00694

Recommendation:

That the Schedule of Invested Monies as at 31 October 1999 be received.

Report by Group Manager, Assets & Corporate Services:

This report is submitted for the purposes of financial accountability and in satisfaction of theFinancial Regulations under the Local Government Act, 1993.

A Schedule of Council’s Invested Monies as at 31 October 1999 is attached for information.

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ORGANISATIONAL SUPPORT PROGRAMItem 10 - Ordinary Meeting, 16/11/99

Attachment

BLUE MOUNTAINS CITY COUNCIL

SCHEDULE OF INVESTED MONIES

Report prepared to 31st October, 1999

No InstitutionInvested

DateMaturity

DateInterest

Rate Amount

1. St George Bank 18.11.98 18.11.99 4.78% 1,000,000.002. Westpac Bank 09.12.98 02.12.99 5.47% 1,000,000.003. Illawarra Mutual Building Society 18.02.99 17.02.00 5.26% 1,000,000.004. Illawarra Mutual Building Society 21.05.99 19.05.00 5.29% 1,000,000.005. Commonwealth Bank of Australia * 24.06.99 20.12.99 5.00% 6,216,000.006. Colonial State Bank 29.06.99 29.06.00 5.42% 1,000,000.007. Australian Mutual Provident Society 30.06.99 At Call Variable 1,996,651.168. Australian Mutual Provident Society 01.07.99 03.07.00 5.23% 1,000,000.009. Illawarra Mutual Building Society 18.08.99 17.08.00 5.50% 1,000,000.0010. Colonial State Bank 31.08.99 03.11.99 5.02% 750,000.0011. Metway Bank 03.09.99 03.11.99 5.02% 750,000.0012. Colonial State Bank 03.09.99 At Call 5.70% 750,000.0013. Metway Bank 08.09.99 08.12.99 5.05% 1,000,000.0014. ANZ Bank 08.09.99 13.12.99 5.00% 750,000.0015. Metway Bank 16.09.99 14.12.99 5.10% 750,000.0016. ANZ Bank 26.10.99 13.01.00 5.32% 750,000.0017. Metway Bank 03.11.99 17.01.00 5.41% 750,000.0018. National Australia Bank 29.09.99 At Call Variable 1,091,832.07

$22,554,483.23* This investment off-sets loans at a differential of 0.15%.

Summary by InstitutionAustralian Mutual Provident Society 2,996,651.16Colonial State Bank 2,500,000.00Commonwealth Bank of Australia 6,216,000.00Illawarra Mutual Building Society 3,000,000.00Metway Bank 3,250,000.00St George Bank 1,000,000.00Westpac Bank 1,000,000.00National Australia Bank 1,091,832.07ANZ Bank 1,500,000.00

$22,554,483.23

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

Paul BennettResponsible Accounting Officer

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ORGANISATIONAL SUPPORT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 11

SUBJECT: BUDGET AND CAPITAL WORKS PROGRAMME REVIEWS FORSEPTEMBER QUARTER 1999

FILE NO: C00738

Recommendations:

1. That the General Manager’s report incorporating the separate documents titled:

• Budget Review, September 1999• Capital Works Programme Quarterly Review, September 1999

be noted.

2. That the proposed variations of income and expenditure, as identified in the documenttitled Budget Review, September 1999, be incorporated into the Adopted Budget andthe funds be voted.

3. That progress on the Capital Works Programme Quarterly Review, includingvariations, be noted.

Report by General Manager:

This report formally reports the Budget and Capital Works Programme Reviews for theSeptember Quarter 1999. Ordinarily these reviews would be presented to Council inconjunction with Management Plan Review which, for the September Quarter 1999 Councilconsidered on 12 October 1999. However, a recent amendment to the Local Government(Financial Management) Regulation allows the financial reviews to be reported at a later datethan the Management Plan Review. For the September Quarter this later reportingopportunity was taken to enable Councillors to first receive a briefing which otherwise wouldnot have been possible due to a very busy briefing schedule.

Financial PositionCouncillors are referred to the separately enclosed document titled Budget Review SeptemberQuarter 1999. The Budget Review is prepared by the Responsible Accounting Officer inaccordance with the Local Government (Financial Management) Regulation and detailsbudget variations that have now been identified and which have not previously been adoptedby the Council.

As a result of the review the estimated effective level of Working Capital has improved by$208,030 to an estimated balance at 30 June 1999 of $1,728,797. This is within benchmarklevels and indicates that Council is clearly in a sound financial position.

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ORGANISATIONAL SUPPORT PROGRAMItem 11 - Ordinary Meeting, 16/11/99

However, as has been indicated at Councillors’ Strategic Briefing Sessions, long termfinancial pressures on Council will need to be effectively managed to ensure that Council’sfinancial position continues to remain sound.

Under the Local Government (Financial Management) Regulation the Council’s ResponsibleAccounting Officer is also required to formally report on whether the Council’s financialposition is considered “satisfactory” and if not, what remedial action needs to be taken. In theaccompanying Budget Review document the Responsible Accounting Officer has reportedthat the Council’s financial position is considered “satisfactory”.

Capital Works Programme Quarterly Review, September 1999Councillors are referred to the separately enclosed document titled Capital Works ProgrammeQuarterly Review, September 1999. The Capital Works Programme is progressing well forthe first quarter of the financial year. To date, 32% of the programme has either beencompleted or is currently in progress. In particular is the excellent progress being undertakenon the Katoomba Sports and Aquatic Centre construction.

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ORGANISATIONAL SUPPORT PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 12

SUBJECT: ADDITIONAL CAR PARK – SOUTHERN SIDE OF RAILWAY LINE,WESTERN END OF SPRINGWOOD SHOPPING CENTRE

FILE NO: C00696

Recommendations:

1. That the Local Area Traffic Committee be asked to consider and recommend thatfollowing the completion of the two additional parking decks on top of the currentcommuter car park at Springwood Station, on-street parking restrictions be imposedalong the northern side of Macquarie Road west of Ferguson Road to provideadditional short-term parking spaces for shoppers and business visitors to the westernend of the Springwood Shopping Centre.

2. That consideration be given to the commissioning of a study into parking needs andtrends in the Springwood Town Centre if the Local Area Traffic Committee does notsupport the rearrangement of on-street parking along the northern side of MacquarieRoad west of Ferguson Road or if the rearrangement should subsequently proveunsatisfactory.

Report by Group Manager, Assets & Corporate Services:

This report is prepared in response to Council’s request for an urgent report on possibleoptions to provide an additional car park to service the western end of the SpringwoodShopping Centre. In preparing the report a number of previous reports and studies have beenresearched, including the Springwood Town Centre Master Plan Report (1995), SpringwoodTown Centre Economic Viability Study (1996) and Assessment of Proposed Extensions toSpringwood Station Commuter Car Park (1998). The report outlines four options togetherwith the likely costs and timeframes, considers the parking demand in Springwood andprovides Council with preferred courses of action for consideration.

BackgroundCouncil at its meeting of 12 October 1999 resolved (Minute No. 530):

“That Council be provided with an urgent report on possible options to provide anadditional car park on the southern side of the railway line to service the westernend of the Springwood Shopping Centre.”

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ORGANISATIONAL SUPPORT PROGRAMItem 12 - Ordinary Meeting, 16/11/99

Parking in SpringwoodThe 1995 Springwood Town Centre Master Plan reported that there were “approximately1200 parking spaces in the Springwood Town Centre – 200 on Macquarie Road, 150 on theback streets (mostly Springwood Avenue), 150 private spaces and 700 public spaces in offstreet parking areas. Excluding Springwood Avenue and other more distant spaces, there are620 parking spaces within reasonable reach of the shopping centre, 120 of which are inMacquarie Road. The town centre is spread along a ridge and there are retail outlets downRaymond Road; as a result some shoppers choose to park at least twice when making ashopping trip. This results in more circulation traffic, and is most unavoidable (sic)”.

There is also the large commuter car park located to the north of the railway station, currentlyproviding 316 spaces. The construction of the new pedestrian tunnel under the western end ofthe railway station has provided improved access for all pedestrians, particularly thosewalking between the car park and the shops. This has facilitated the opportunity foradditional use of the commuter car park by shoppers, particularly at weekends. Theconstruction of an additional two decks on top of the commuter cark park by mid 2000 willprovide approximately 280 additional spaces.

Improvement works have recently been completed along Macquarie Road. Arising from theworks a number of on-street parking spaces were lost in Macquarie Road between FergusonRoad and the new pedestrian crossing, which was more than offset by some 46 additionalspaces being created in and around the shopping centre.

While a significant number of additional car parking spaces have been provided inSpringwood in recent years, some of these are further away and therefore less convenient fordrivers only wishing to visit shops or businesses at the western end of Macquarie Road.

In examing options for an additional car park on the southern side of the railway line toservice the western end of the Springwood Shopping Centre, consideration has been given tothe following:

• Possible purchase of one of two properties.• Possible development of Rest Park, Springwood.• Possible on-street parking restrictions along Macquarie Road (northern side) west of

Ferguson Road.

Options

Options 1 and 2: Purchase of property and development as a car park.

Details of these options are provided in the Confidential Memorandum provided toCouncillors with this Business Paper. Council’s negotiating position might be jeopardised ifthe properties were to be identified and Council were to then resolve to pursue one of themthen.

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ORGANISATIONAL SUPPORT PROGRAMItem 12 - Ordinary Meeting, 16/11/99

Option 3: Development of Rest Park - 272A Macquarie Road, Springwood

Council land at 272A Macquarie Road, being known as Rest Park, is zoned 9c – Local Roadunder Local Environment Plan (LEP) 4. Under the Draft LEP 1997 the land would beuncoloured and parking would be permissible. The property is classified as Community Landand a Plan of Management must be prepared for the land before any changes in the use of theland is able to take place. The land is immediately adjoining the western end of theSpringwood Shopping Centre having an area of about 450 m2. Improvements upon the landinclude a public toilet block, park furniture and an electricity pad-mount station. The landmay accommodate approximately 10 parking spaces. The cost of establishing the land as acar park is estimated at around $40,000. However, Council has previously givenconsideration to the future of Rest Park and decided to retain it as a park.

Option 4: On-street parking restrictions along Macquarie Road (northern side) west ofFerguson Road

The current commuter car park at Springwood Station has 273 parking spaces in the parkingstructure. There are a further 43 spaces at-grade to the east and south of the parking structure,excluding City Rail staff parking. The total off-street commuter parking supply atSpringwood Station is therefore 316 spaces. On-street unrestricted parking is also utilised inFerguson Road west of Jerseywold Avenue, in Macquarie Road (northern side) west ofFerguson Road, in Springwood Avenue and elsewhere.

The construction of an additional two parking decks on top of the current commuter car parkwill provide commuters with approximately 280 additional parking spaces. This constructionwork is scheduled for completion by mid 2000 and will satisfy the long-term demand forcommuter car parking spaces in Springwood. This will therefore provide opportunities forCouncil to impose on-street parking restrictions along the northern side of Macquarie Roadwest of Ferguson Road to provide additional short term parking for drivers only wishing tovisit shops or business at the western end of Macquarie Road. Approximately 14 to 20 short-term parking spaces can be achieved from this section of Macquarie Road with costsassociated with the installation of restriction signs being considered nominal.

Summary

Option Details PotentialYield

EstimatedCost

Note

1 Purchase of property anddevelopment as a carpark.

30 spaces $330-$350K

Funding sources tobe sought.

2 Purchase of property anddevelopment as a carpark.

25 spaces $330-$350K

Funding sources tobe sought.

3 Development of RestPark

10 spaces $40K Council’s previousdecision to retain apark

4 On-street parkingrestrictions alongMacquarie Road

14 - 20spaces

Nominal Available by mid2000

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ORGANISATIONAL SUPPORT PROGRAMItem 12 - Ordinary Meeting, 16/11/99

Other than the in respect to the proposed extensions to the Springwood Station Commuter CarPark, there have been no recent studies of parking needs in Springwood. However, fromgeneral observations there appear to be spaces available at most if not all times in theSpringwood Town Centre, although depending upon the day and time some spaces may befurther away and /or less convenient than that desired by some drivers.

Notwithstanding the above , it is considered that there is a need to rearrange the managementand control of some of the existing parking spaces in the Springwood Town Centre, notablythose located at the western end of the Shopping Centre. In response to Council’s resolution,Option 4 is considered to be the most effective way to provide additional (short-time) parkingspaces for shoppers and business visitors to the western end of the Springwood ShoppingCentre and is accordingly recommended for referral to the Local Area Traffic Committee.

The cost of Option 4 is nominal, consisting mainly of the erection of parking restriction signs.No funds are available in the budget at this time to progress the other options.

Should the Local Area Traffic Committee not concur with Option 4 or it be evident, followingthe implementation of Option 4, that there is a need for further parking spaces specifically forshoppers and visitors to the western end of the Shopping Centre, then consideration should begiven to undertaking a full study of parking needs and trends in the Springwood Town Centre.However, no budget provision currently exists for such a study to be undertaken.

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ORGANISATIONAL SUPPORT PROGRAMItem 12 - Ordinary Meeting, 16/11/99

Attachment

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TRANSPORT & PUBLIC WORKS PROGRAMOrdinary Meeting, 16/11/99

ITEM NO: 13

SUBJECT: LOCAL TRAFFIC COMMITTEE

FILE NO: C00534

Recommendations:

1. That the recommendations as contained in the minutes of the Local Traffic Committeemeeting held on the 3 November 1999 be ratified by Council.

2. That the Regional Director - Sydney Region, Roads and Traffic Authority, Blacktownand The Superintendent of Police Blue Mountains Area Command be advised inaccordance with the above recommendations.

Report by Group Manager, Operations.

Attached to this report are the minutes of the meeting of the Local Traffic Committee held onthe 3 November 1999. The Committee’s report and recommendations are now submitted toCouncil for consideration.

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

LOCAL TRAFFIC COMMITTEE

3 November1999

PRESENT:

BLUE MOUNTAINS CITY COUNCIL

Mr M. Bunch Manager Technical Services

Mr A. Fidler Traffic & Administration Co-ordinator

TRAFFIC CO-ORDINATOR BLUE MOUNTAINS AREA COMMAND

Sgt K. O’Conner Apology

ROADS AND TRAFFIC AUTHORITY

Mr D.Russell ApologyThe RTA representative has been contacted after the meetingand supports the recommendations contained in the report.

. .

FOR, THE HON. BOB DEBUS M.P.

Ms. J. Anderson

COUNCILLORS

Cr. T. Hamilton Items 99-139 to 99- 150NOTE

Typical abbreviations used in this report are:

L.T.C. Local Traffic CommitteeR.T.A. Roads & Traffic AuthorityS.R.A. State Rail AuthorityN.P.&W.S. National Parks & Wild Life ServiceG.W.H. Great Western HighwayD.B. Double Barrier Centre Line

The next LTC Meeting will be held late January early February 2000 date yet to beconfirmed, however if there is a need a short meeting will be arranged for early December1999.

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

99-139

SPRINGWOOD AVENUE, RAYMOND ROAD SPRINGWOOD.Request from the Health & Development Group for the Committee to comment on thefeasibility of establishing angle parking.

The Health & Development Group is processing a commercial development application for5/7 Raymond Road and wish to resolve a matter regarding the provision of car parking. TheGroup reported that after reviewing the works as executed plans and inspecting the site, it wassuggested that 45 degree angle parking might be possible in the road reserve, if somereclamation of the footpath/landscape area in front of the Springwood Avenue shops ie (7Raymond Avenue) and along the frontage of the Integral site opposite was carried out. It ispossible that these works could be funded from the section 94 contribution paid by thedeveloper of 5 Raymond Road. In light of the preliminary nature of this proposal the input ofthe Committee was requested to enable the Group to progress the matter one way or the otherand advise Council’s solicitor accordingly. The Committee suggested that technical solutionsbe sought from Council’s Technical Services Staff. The Committee would support theproposal if a suitable technical solution can be found.

Listed for Council’s information.

99-140

BADGERY CRESCENT LAWSON

Request from a local resident for the Committee to consider establishing traffic calmingdevices in the street.

The resident is concerned over the problems of speeding traffic and the safety of pedestrians.The road is narrow and winding in sections and sight distance when emerging from a numberof private properties is poor. The resident suggests consideration should be given to a loadlimit, or one lane passing points. There are a number of pedestrian and concealed drivewaysigns installed and the highway patrol have been previously requested to visit the area. TheCommittee recommended that the resident be advised that this matter be listed on the agendaof the Traffic Calming Treatment Study to examine further options.

DESCRIPTION

LTC RECOMMENDATIONS

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

Matter listed for Council’s information.

99-141

ACACIA STREET KATOOMBA

Request from the Secretary /Manager of the Katoomba Golf Club for the Committee toconsider the establishment of a No Parking restriction adjacent to the eighteenthfairway/green.

The club management is concerned over damage to vehicles by misdirected golf balls andsubsequent claims for damages. The club suggests a No Parking restriction would encouragevehicle owners from parking on the public road adjacent to the eighteenth green. TheCommittee suggested that the onus is on the club to adequately advise the public of thepossibility of vehicle damage from golf balls if they park adjacent to the green by eithererecting a fence and or installing warning signs. The reduction of street parking by theestablishing of a parking restriction is not warranted due to the width of the carriageway andthe residential nature of the area. The Committee could not support the request.

Matter listed for Council’s information.

99-142

CLIFF DRIVE, KAMILLAROI ROAD, KATOOMBA

Request from the Health & Development Group for the Committee to consider theestablishment of a number of traffic facilities in relation to the Skyway` Developmentapplication.

1. A pedestrian refuge on Cliff Drive near the kiosk.2. Edge line marking. Engineering plans will be presented at the meeting.

The Committee supported the request for approval to establish the traffic facilities providedthat all the associated costs be funded by the developer.

LTC RECOMMENDATIONS

DESCRIPTION

LTC RECOMMENDATIONS

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

That Council approve the establishment of a Pedestrian Refuge in Kamillaroi Road andassociated Line Marking in Kamillaroi Road and Cliff Drive.

99-143

COUNCIL CAR PARK KATOOMBA STREET KATOOMBA

Request from Fusion Australia, to use the car park next to St Canices Catholic Church onSaturday evenings between 8.00pm and midnight, commencing 19 November 1999.

Fusion Australia is a local group working in conjunction with local churches to reach out tothe youth of the area by providing a mobile café and meeting place. The Group has operatedsuccessfully at Springwood in the Jerseywold Avenue Car Park and is keen to have a positiveinfluence in the Katoomba area. This matter is deferred to allow further investigations to takeplace.

Matter listed for Council’s information.99-144

GOVETTS LEAP ROAD, GARDINER CRESCENT, CLAN WILLIAM STREETBLACKHEATH.

Request from the Blackheath Festival Inc, for the annual temporary road closures on Saturdayand Sunday 6th & 7th November 1999.

Govetts Leap Road between GWH and Wentworth Street Saturday 6 November 1999 from7.00 am to 5.00 pm.Gardiner Crescent between GWH and Wentworth Street Saturday and Sunday 6th and 7th

November 1999 from 6.00 am and 5.00 pm.Clan William Street between Leichhardt Street and Prince George Street from 12 noon to 1.00pm Saturday 6 November 1999. The Police and the RTA have been contacted by the FestivalCommittee and have been advised that both authorities approve the temporary road closures.

LTC RECOMMENDATIONS

DESCRIPTION

LTC RECOMMENDATIONS

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

The Committee supported the application to close the roads for the period stated. Note thatthis event has been held at the time of this report going to Council.

This event was held prior to the matter being reported to Council and listed for informationonly.

99-145

LEICHHARDT STREET, GWH BLACKHEATHRequest from Council’s legal Co-ordinator for the Committee to comment on closing theroad.

On 24 August 1999, Council resolved to close the road between the highway and WentworthStreet. The matter was then listed for information, however Council resolved on 7 September1999 that, information on the closure be deferred for more community consultation andfurther investigation of the safety matters which may arise from the closure of LeichhardtStreet.

That Councils Traffic and Administrative Coordinator work with Councils Area Manager toprovide information to the community and gather community feedback so that the closure isconducted with community concerns provided for.

99-146

CHURCH LANE, WYNDHAM AVENUE, MOUNT WILSON

Request from the Mount Wilson Progress Association for the Committee to comment of theestablishment of Light Traffic Thoroughfares.

LTC RECOMMENDATIONS

DESCRIPTION

DESCRIPTION

LTC RECOMMENDATIONS

BACKGROUND INFORMATION SUGGESTED OPTIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

The association is concerned over the fact that both roads are narrow, Church Lane being aCul de Sac and increasing damage to the pavement surface and inconvenience to localresidents due to the increase in large tourist coaches. The association feels that if restrictionsare imposed, coaches could still park on the main road and allow visitors to inspect thegardens. The Committee agreed that without comment from the Police and the RTA theycould not adequately deal with this request. The Committee recommended that the item bedeferred to allow further consultation to take place with the Association and the buscompanies and to seek technical advice on the condition of the pavement.

Matter listed for Council’s information.

LATE ITEMS99-147

PARK STREET GLENBROOK

Request from the Glenbrook Chamber of Commerce and the Lapstone After Hours andVacation Care Centre for the Committee to support the establishment of an eighteen metreBus Zone in Park Street.

The local bus company has agreed to re route a service to pick up and transport students fromGlenbrook Public School to the After School Care Centre at Lapstone. The bus zone outsidethe school gate in Park Street is required between 3.00.pm and 4.00 pm school days and issupported. The location of the zone is just west of the main commercial area and will not havea significant impact on parking in the area.

That Council approve the establishment of an eighteen metre Bus Zone 3.00 pm to 4.00 pmschool days, in Park Street Glenbrook outside Glenbrook Public School.

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

LTC RECOMMENDATIONS

LTC RECOMMENDATIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

99-148

MISTRAL STREET KATOOMBA

Request from RIDCS (a traffic consultant company for Sydney Water) for the Committee tosupport the partial closure of Mistral Street to allow Sydney Water’s contractor to construct apipeline.

The section of Mistral Street affected by the partial closure fronts Council’s waste disposaldepot to the north and private vacant land to the south. The one lane closure is requested forapproximately six months to allow Sydney Water’s contractor to construct a seweragepipeline under the road. The contractor is keen to meet his deadline with Sydney Water andwould like to commence the work as soon as possible after approval has been granted. Acomprehensive traffic management plan has been provided and controlled access will beavailable for the small volumes of local traffic wishing to use the road, which is not a directroute to any location that is tourist related. The contractor will be responsible for the erectionall signs and barricades in accordance with the Australian Standards and advertising theproposal in the local press. The partial road closure is supported by the Committee. SydneyWater will conduct or letter box drop to provide information to residents

That Council approve the Partial closure of Mistral Street Katoomba as detailed in the report.

99-149

MATTHEW PARADE BLAXLAND

Request from a local resident for the Committee to support a temporary road closure inMatthew Parade opposite Richards Street on the 21 December 1999 between 6.30 pm and10.30 pm.

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

LTC RECOMMENDATIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

Residents wish to hold a neighbourhood Christmas party on the Tuesday evening which willinclude the residents of Richards Street and Matthew Parade. The affected area is between thewestern boundary of house number 8 and the eastern boundary of house number 10,approximately 45.5 metres. The applicant has contacted the police and all emergency servicesand will ensure access is available at all times. The closure will not impact on the highwayhowever to comply with the RTA, the applicant has agreed to prepare a Traffic ManagementPlan (TMP) and forward the plan to the authority.

That Council approve the temporary closure of Matthew Parade Blaxland opposite RichardStreet on Tuesday 21 December 1999 from 6.30 pm to 10.30 pm provided the T.M.P. isapproved by the RTA.

99-150

HOPE STREET, PILGRIM PLACE CAR PARK, BLAXLAND

Request from the Blaxland & Districts Chamber of Commerce & Industry Inc, for theCommittee to support temporary parking restrictions.

Due to reconstruction works taking place in the car park, shoppers are unable to park near theshops. The Chamber has forwarded the following suggestions to encourage local shoppers tocontinue to use the shopping centre. A one hour parking restriction on the northern side ofHope Street between the entrance and exit laybacks to the car park, 8.30 am to 5.30 pmMonday to Friday and 8.30 am to 12.30 pm Saturday. A 30 minute parking restriction on thewestern side of the access road into the car park similar hours to Hope Street. Theconstruction works should be completed by 18 December 1999, when the areas will return tothe present unrestricted status.

That Council approve the establishment of the following temporary parking restrictions. Onehour parking 8.30 am to 5.30 pm Monday to Friday and 8.30 am to 12.30 pm Saturday on thenorthern side of Hope Street between the laybacks to the car park and a 30 minute parkingrestriction on the western side of the access road into the car park similar hours to HopeStreet.

BACKGROUND INFORMATION SUGGESTED OPTIONS

DESCRIPTION

BACKGROUND INFORMATION SUGGESTED OPTIONS

LTC RECOMMENDATIONS

LTC RECOMMENDATIONS

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TRANSPORT & PUBLIC WORKS PROGRAMItem 13 - Ordinary Meeting, 16/11/99

Attachment

99-151

MACQUARIE ROAD SPRINGWOOD

Request from the SRA for approval to use the one hour parking restriction area on thenorthern side of Macquarie Road, from the SRA pedestrian subway to the main line underpassat Ferguson Avenue for a pick up and drop off bus zone during the period of track up gradingworks from the 6 December 1999 to 10 December 1999.

The SRA‘s representative has contacted the Chamber of Commerce and will undertake a letterdrop to all the shop keepers on the opposite side of the road advising them of the changes tothe parking arrangements. The SRA’s contractor will be responsible for changing the signs.The Committee supports the request.

Matter listed for Council’s information.

99-152

GWH BLAXLAND

Request from the SRA for approval to extend the existing bus zone on the northern side of thehighway by 30 metres for a pick up and drop off bus zone during the period of track upgrading works from the 6 December 1999 to 10 December 1999.

The SRA have contacted the Chamber of Commerce and the RTA who control parking on thehighway and will undertake a letter drop to all the shop keepers on the opposite side of theroad advising them of the changes to the parking arrangements. The Transport CorridorManager is a aware of the proposal. The SRA’s contractor will be responsible for changingthe signs. The Committee supports the request.

Matter listed for Council’s information.

BACKGROUND INFORMATION SUGGESTED OPTIONS

LTC RECOMMENDATIONS

BACKGROUND INFORMATION SUGGESTED OPTIONS

LTC RECOMMENDATIONS

DESCRIPTION

DESCRIPTION

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 14

SUBJECT: STATE ENVIRONMENTAL PLANNING POLICY NO. 53 -METROPOLITAN RESIDENTIAL DEVELOPMENT

FILE NO: C02365

By Councillor J Egan:

“1. That Council write to the Shadow Minister for Urban Affairs and Planningexpressing support for the State Opposition promise to abolish SEPP 53.

2. That a copy of the letter be sent to the State Members for the Blue Mountainsand Penrith, Mr Bob Debus and Mrs Faye Lo Po’.”

Note by Councillor Egan:

The State Opposition announced on 12 October that a future Coalition Government wouldabolish SEPP 53, which forces Councils to have areas of their local government area zonedfor multi-unit housing.

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 15

SUBJECT: PROVISION OF SKATEBOARD FACILITIES - BLACKHEATH

FILE NO: H00048 Pt 3

By Councillor T Hamilton:

“1. That Council’s Area 1 Working Group be requested, as a matter of urgency, topresent options to the Council for the provision of skateboard facilities for theyoung people of Blackheath.

2. That in drawing up options, the Area 1 Working Group consult as widely aspossible in the Blackheath area and with representatives of the skateboarders.

3. That the findings of the Working Group be presented in a report to Council asearly as possible.”

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 16

SUBJECT: NUCLEAR REACTOR - LUCAS HEIGHTS

FILE NO: C00057. C00081

By Councillor T Hamilton:

“1. That Council states its opposition to the proposal to build a new nuclear reactorin Sydney and to the proposed nuclear waste dump in South Australia.

2. That Council opposes the transportation of radioactive waste throughcommunities without the consent of local Councils.

3. That Council advise the Prime Minister and the Leader of the FederalOpposition of 1 and 2 above.

4. That Council calls upon the New South Wales Government to urgently reviewpublic disaster planning for areas at risk from nuclear accidents.

5. That Council will note and further discuss business arising out of theAustralian Local Government Nuclear Free Zones and Toxic IndustriesSecretariat’s Annual General Meeting to be held at Erskineville Town Hall on26 and 27 November 1999.

6. That the Federal Government be requested to investigate alternative means forthe provision of medical radio-isotopes.

7. That Council write to New South Wales Councils located on the route betweenSutherland and the South Australian border expressing its position on thenuclear waste transportation issue.”

Note by Councillor Hamilton:

The Federal Government has approved the building of a new nuclear reactor, double the sizeof the current one, at Lucas Heights in Sutherland Shire.

Sutherland Council’s review of the draft EIS describes a potential fall-out radius of 80 kmsurrounding the reactor. This would include the Blue Mountains up to Mount Victoria, largeexpanses of the National Park, and the entire Sydney Basin.

The Federal Government is seeking a national radioactive waste repository. It appears that itwill be most likely located in Woomera in South Australia.

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NOTICE OF MOTIONItem 16 - Ordinary Meeting, 16/11/99

This means that waste from the new reactor and that which has accumulated from the oldreactor, during the past 41 years, may be transported by road and/or rail from Lucas Heightsto South Australia.

Radioactive material may be transported through many urban and regional communitiesincluding the Blue Mountains.

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 17

SUBJECT: CITY OF BLUE MOUNTAINS - NUCLEAR FREE ZONE

FILE NO: C00081 Pt 3

By Councillor C Gaul:

“That Council re-affirm its commitment to the City of Blue Mountains being declared‘a nuclear free zone’ and that the appropriate signs are replaced at the Cityboundaries.”

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 18

SUBJECT: TRANSPORT OF RADIOACTIVE WASTE THROUGH THE BLUEMOUNTAINS

FILE NO: C00081

By Councillors J Angel, S Burridge, C Gaul, M Greenhill, A Henson, H Kozelj and A Searle:

“1. That BMCC oppose the transportation of radioactive waste through the BlueMountains.

2. That a letter be forwarded to the Hon John Howard, Prime Minister, the HonRobert Hill, Minister for the Environment, Bob Carr, Premier, Mr KerryBartlett, Member for Macquarie, Senator Nick Minchin (SA) and Mr BobDebus, Member for Blue Mountains advising of our objection.”

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NOTICE OF MOTIONOrdinary Meeting, 16/11/99

ITEM NO: 19

SUBJECT: FREE TRANSPORT TO SYDNEY 2000 PARALYMPIC GAMES

FILE NO:

By Councillor C Van der Kley:

“That Blue Mountains City Council write to the Minister for the Olympics, the HonMichael Knight MP, and the Member for Blue Mountains, the Hon Bob Debus MP, toadd the Blue Mountains to the free transport being given to all ticket holders to eventsduring the Sydney 2000 Paralympic Games.”

Note by Councillor Van der Kley:

Extracts from a media release from the Minister for the Olympics read as follows:

“The State Government has agreed to provide free train and bus transport to venuesfor ticket-holders to events during the Sydney 2000 Paralympic Games.

Ticket-holders will be able to travel to Olympic Park at Homebush Bay and othervenues on CityRail trains in the Sydney suburban area and also on dedicated busesprovided by the Olympic Roads and Transport Authority.

The free transport area is bounded by Cowan, Richmond, Emu Plains, Macarthur andOtford.

The Paralympic Games will be held two weeks after the Olympics, running fromOctober 18 to October 29…

Mr Knight said free transport would greatly assist and encourage families toparticipate in the Games.

‘The initiative will reduce the excursion costs of school groups using rail and offersfamily groups an attractive low cost weekend activity,’ Mr Knight said.

‘Most Paralympic tickets will be modestly priced, and the free transport componentwill provide an added incentive for people to attend.’…”

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PRECIS OF SELECTED CORRESPONDENCEOrdinary Meeting, 16/11/99

ITEM NO: 20

SUBJECT: PRECIS OF SELECTED CORRESPONDENCE, 16/11/99

FILE NO: C00680

Recommendation:

That the Precis of Selected Correspondence be received and appropriate letters be forwardedwhere necessary.

1. 12/10/99 – 98 Petitioners – Regarding Existing Trees on the Eastern Approach tothe Cumberland Street Footbridge, Katoomba

Addressed to the Engineering Department, reading as follows:

“We the undersigned wish to take this opportunity to express our concern atthe possibility that the trees planted by concerned residents over the last ten(10) years may be removed by Council.

We wish to strongly protest against even the possibility of the idea, these treesreplaced the blackberry, privet, and golden broom which had infested the walkway previously. Further these help to consolidate the area against erosion fromwater run-off. It should be noted that this work, along with the consolidationof a culvert (with bush-rock commercially purchased) was undertaken at theexpense of the residents themselves.

Also we are saddened that the grove of oaks at the ‘top of the steps’ at thecorner of Hope and Cumberland Streets was cut down by vandals (probably onthe weekend of August 14th). What was of particular concern was that thesetrees (approaching 1.5 m in height) were planted after that area too was clearedof blackberry. Further it is bewildering, is that even if this was just amisguided act, the perpetrators chose to leave an adjoining privet thicketunharmed.

We merely request that the existing trees remain unharmed.”

Comment by Group Manager, Operations.

Over a period of years, local residents have undertaken tree planting in the local area.At this time there is no intention of removing any vegetation and discussion has takenplace with local residents with regard to ongoing maintenance of the local area.

Note:

On 4/11/99 an additional two (2) signatures were received in relation to the abovepetition.

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PRECIS OF SELECTED CORRESPONDENCEItem 20 - Ordinary Meeting, 16/11/99

2. 25/10/1999 - J Kelly, Secretary, Blackheath School Council

Thanking Council for its decision on the closing of Leichhardt Street, Blackheath.

3. 28/10/1999 - W Boorman, Chairman, Organising Committee (Spring GardenCompetition) and Blue Mountains Garden Club Co-ordinator

Thanking Council, on behalf of the Organising Committee, for its support of thisyear’s event, and in particular commending Council’s Parks and Recreation staff fortheir efforts in the presentation of Blackheath and Leura Mall, both of which werepraised highly by the judge of this competition.

4. 2/11/1999 - M Gough, Secretary, Mt Victoria Community Association

Regarding the issue of road haulage of coal from the Clarence Colliery, reading asfollows:

“Many thanks to you and your team for the end result in the Coal Truck issue.

We also agree with the action taken by Mayor Angel. Rail Transport is thebest option in our Region and hope that a good outcome will come forth infuture discussions.”

5. 3/11/1999 - Ashleigh Ang on Behalf of Leura Public School

Thanking Council for running the environmental competition “Backyard Bush” forlocal schools, and also for prize money received by the School, which will be puttowards beautification of the school environment.

6. 5/11/1999 - Ms T Keevers-Keller, Community and Cultural Development Co-ordinator, Katoomba Neighbourhood Centre Ltd

Thanking Council for its support in helping with the successful running of the‘Katoomba Sea of Hands’ event.