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Council Minutes 21 January 2008 - Waratah-Wynyard Council

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ORDINARY MEETING<br />

OF COUNCIL<br />

MINUTES<br />

<strong>21</strong> JANUARY <strong>2008</strong><br />

<strong>Waratah</strong>-<strong>Wynyard</strong><br />

<strong>Council</strong>


TABLE OF CONTENTS<br />

PRESENT: .............................................................................................................................................. 5<br />

1/08 APOLOGIES: ............................................................................................................................ 6<br />

MATTERS PROPOSED FOR CONSIDERATION IN CLOSED MEETING ................................ 6<br />

DECLARATIONS OF PECUNIARY INTEREST ............................................................................. 7<br />

2/08 CONFIRMATION OF MINUTES ............................................................................................ 7<br />

BUSINESS ARISING FROM MINUTES CONFIRMED .................................................................. 8<br />

PUBLIC QUESTIONS AND STATEMENTS..................................................................................... 8<br />

PLANNING AUTHORITY REPORTS ............................................................................................. 12<br />

3/08 SUBDIVISION - 15 LOT SUBDIVISION - RESIDENTIAL ZONE – 147 INGLIS<br />

STREET, WYNYARD ............................................................................................................ 12<br />

4/08 SUBDIVISION - 31 LOT SUBDIVISION - RESIDENTIAL ZONE – 127 INGLIS<br />

STREET, WYNYARD ............................................................................................................ 40<br />

GENERAL MANAGER ...................................................................................................................... 68<br />

5/08 REVIEW OF COUNCIL POLICY – OCCUPATIONAL REHABILITATION POLICY...... 68<br />

6/08 REVIEW OF DEVELOPMENT SERVICES POLICIES........................................................ 75<br />

CORRESPONDENCE....................................................................................................................... 101<br />

7/08 CODE OF CONDUCT COMPLAINT – KEEGAN/MOORE - INFORMATION FOR<br />

OPEN COUNCIL................................................................................................................... 101<br />

8/08 GOLDIE STREET MATTERS - OLD BASS HIGHWAY SPEED LIMIT SIGNAGE<br />

AND GUTTERIDGE GARDENS ENTRANCE FOOTWAY (RS102, 606.03).................. 104<br />

9/08 CAM RIVER RESERVE – TREE LIGHTING – MRS L NEWMAN (607.08)................... 105<br />

10/08 CAM RIVER RESERVE –VEHICLES ACCESSING GRASSED AREA (607.08) ........... 106<br />

INFORMATION REPORT............................................................................................................... 108<br />

11/08 INFORMATION REPORT – 31 DECEMBER 2007 ............................................................ 108<br />

FINANCIAL REPORT FOR THE PERIOD ENDED 31 DECEMBER 2007 ....................................................... 108<br />

GIFTS AND DONATIONS........................................................................................................................... 108<br />

COMMUNITY SERVICES ........................................................................................................................... 109<br />

CHILDREN’S SERVICES............................................................................................................................ 109<br />

TOURISM ........................................................................................................................................... 112<br />

WONDERS OF WYNYARD EXHIBITION CENTRE.......................................................................................... 113<br />

COMMUNITY DEVELOPMENT................................................................................................................... 114<br />

WASTE MANAGEMENT – TRANSFER STATION ........................................................................................... 115<br />

WASTE MANAGEMENT – RECYCLING CRATE CONTENTS ........................................................................... 116<br />

WASTE MANAGEMENT – RECYCLING CRATE COLLECTION PARTICIPATION RATE ..................... 116<br />

337 CERTIFICATES – LAND INFORMATION CERTIFICATES ............................................................ 117<br />

CEMETERIES – NUMBER OF INTERMENTS ................................................................................................. 117<br />

COUNCIL WEBSITE DATA................................................................................................................. 117<br />

ENVIRONMENTAL HEALTH ...................................................................................................................... 118<br />

OTHER ENVIRONMENTAL HEALTH SERVICES............................................................................................ 118<br />

WATER SAMPLING ................................................................................................................................... 119<br />

HEALTH APPROVALS............................................................................................................................... 1<strong>21</strong><br />

BUILDING APPROVALS............................................................................................................................ 1<strong>21</strong><br />

DEVELOPMENT APPLICATIONS – PLANNING ............................................................................................ 123<br />

PLANNING APPEALS/APPLICATION INFORMATION.................................................................................... 125<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 3


ENGINEERING SERVICES ................................................................................................................. 126<br />

PERSONNEL ........................................................................................................................................... 131<br />

COUNCIL ACTION LIST – OPEN MEETING MATTERS................................................................................. 132<br />

COMPLAINTS REGISTER.................................................................................................................... 133<br />

MAYOR’S DIARY AND COMMUNICATION .................................................................................................. 133<br />

COUNCIL WORKSHOPS SINCE LAST COUNCIL MEETING .......................................................... 133<br />

USE OF CORPORATE SEAL....................................................................................................................... 134<br />

12/08 CLOSED MEETING ............................................................................................................. 135<br />

RESUMPTION OF OPEN MEETING ............................................................................................ 135<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 4


WARATAH-WYNYARD COUNCIL<br />

ORDINARY COUNCIL MEETING<br />

<strong>21</strong> JANUARY <strong>2008</strong><br />

MINUTES<br />

VENUE:<br />

HOUR:<br />

<strong>Council</strong> Chambers, <strong>21</strong> Saunders Street, <strong>Wynyard</strong><br />

5:30 pm<br />

From To Time Occupied<br />

Open <strong>Council</strong> 5:33 pm 6:00pm 27 minutes<br />

Planning Authority 6:00pm 6:25pm 25 minutes<br />

Open <strong>Council</strong> 6:25pm 7:06pm 41 minutes<br />

Closed <strong>Council</strong> 7:06pm 7:27pm <strong>21</strong> minutes<br />

Open <strong>Council</strong> 7:27pm 7:27pm 0 minutes<br />

TOTAL TIME OCCUPIED 5:33pm 7:27pm 1 hour 54 minutes<br />

PRESENT:<br />

<strong>Council</strong>lors<br />

MAYOR HYLAND<br />

CR BRAMICH<br />

CR DUNIAM<br />

CR FAIRBROTHER<br />

CR FRIEDERSDORFF<br />

CR MOORE<br />

CR PENDLEBURY<br />

CR RANSLEY<br />

CR WALSH<br />

In Attendance<br />

General Manager – P West Acting Director Engineering Services –<br />

J Stretton<br />

Director Development Services – P Kennedy Executive Officer – M Keegan<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 5


1/08 APOLOGIES:<br />

CR FENTON<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR BRAMICH<br />

That the apology be accepted.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

MATTERS PROPOSED FOR CONSIDERATION IN<br />

CLOSED MEETING<br />

Matter<br />

Local Government (Meeting<br />

Procedures) Regulations<br />

2005 Reference<br />

Leave of Absence Requests - <strong>Council</strong>lors<br />

15 (2)(i)<br />

Accounts Paid<br />

15 (2)(c)<br />

Code of Conduct Complaint – Keegan/Moore<br />

15 (2)(f)<br />

– Information for Closed <strong>Council</strong><br />

Cradle Coast Authority – Kerbside Recycling 15 (2)(c)(f)<br />

for the Cradle Coast Region<br />

Insurance Claims – 2007/<strong>2008</strong> – Status<br />

15 (2)(h)<br />

Report<br />

<strong>Minutes</strong> of Other Bodies/Committees<br />

15 (2)(f)<br />

Public Release Authorisation 15 (9)<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR RANSLEY<br />

That the matters listed above be considered in Closed Meeting at the<br />

conclusion of the Open Meeting business.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 6


MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR MOORE<br />

That the following additional items be discussed in Closed Session:<br />

• Rubbish Collection<br />

• Street Sweeping<br />

• Weed Spraying<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

DECLARATIONS OF PECUNIARY INTEREST<br />

<strong>Council</strong>lor<br />

CR MOORE (personal<br />

interest not pecuniary)<br />

Item<br />

Agenda Item 7/08 – Code of Conduct<br />

Complaint – Keegan/Moore<br />

2/08 CONFIRMATION OF MINUTES<br />

Ordinary <strong>Council</strong> Meeting – 17 December 2007<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR WALSH<br />

That the <strong>Minutes</strong> of the Ordinary Meeting of the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong><br />

held at the <strong>Council</strong> Chambers, <strong>Wynyard</strong> on Monday 17 December 2007, a<br />

copy of which having previously been circulated to <strong>Council</strong>lors prior to the<br />

meeting, be confirmed as a true record.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 7


Closed <strong>Council</strong> Meeting – 17 December 2007<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR FRIEDERSDORFF<br />

That the <strong>Minutes</strong> of the Closed Meeting of the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> held<br />

at the <strong>Council</strong> Chambers, <strong>Wynyard</strong> on Monday 17 December 2007, a copy of<br />

which having previously been circulated to <strong>Council</strong>lors prior to the meeting,<br />

be confirmed as a true record.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

BUSINESS ARISING FROM MINUTES CONFIRMED<br />

<strong>Council</strong>lor Minute<br />

Reference<br />

CR FAIRBROTHER 277/07 Referred to the matter of 753 Reservoir<br />

Drive raised in Business Arising, which<br />

was subsequently deferred pending the<br />

provision of legal advice. <strong>Council</strong>lors<br />

were briefed by <strong>Council</strong>s solicitor prior to<br />

tonight’s meeting and based on his advice<br />

no further action will be taken.<br />

PUBLIC QUESTIONS AND STATEMENTS<br />

QUESTIONS<br />

Name<br />

Address<br />

Issue<br />

Julie Keegan<br />

37 Irby Boulevard, Sisters Beach<br />

What procedures has <strong>Council</strong> put in place to govern <strong>Council</strong>lors<br />

and to ensure compliance with the Code of Conduct?<br />

The General Manager advised that <strong>Council</strong>lors are provided and<br />

taken through the Code of Conduct and that <strong>Council</strong>lors are also<br />

reminded of their obligations relating to the Code of Conduct.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 8


Name<br />

Address<br />

Issue<br />

Julie Keegan<br />

37 Irby Boulevard, Sisters Beach<br />

When was the last review of the Code of Conduct and in that<br />

review what has <strong>Council</strong> put in place regarding continual<br />

breaches of the Code of Conduct?<br />

The General Manager advised that the Code of Conduct was<br />

introduced in 2006 and that the Local Government Association<br />

of Tasmania and the Local Government Office committed to<br />

undertaking a review after the provisions had been in operation<br />

for a reasonable period of time. The Local Government Act<br />

does not mention continual breaches of the Code of Conduct.<br />

Name<br />

Address<br />

Issue<br />

Chris Banks<br />

145 Inglis Street, <strong>Wynyard</strong><br />

Subdivision application at 147 Inglis Street, <strong>Wynyard</strong> – when<br />

will the Forest Practices Plan be undertaken?<br />

The Director of Development Services advised that the Forest<br />

Practices Plan is separate to the planning process and this issue<br />

is to be dealt with under the Forest Practices Act.<br />

127 Inglis Street – access to back of his block – Why can’t the<br />

developer be required to provide rear access to Mr Banks and<br />

Mr Freeman’s properties.<br />

The Director of Development Services advised that providing<br />

access to the rear of Mr Banks and Mr Freemans properties is<br />

not a requirement of the developer.<br />

It is for the Planning Authority to assess the application as it is<br />

submitted and the Planning Authority does not have the ability<br />

to redesign the submission to accord with the wishes of<br />

neighbouring titleholders.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 9


Name Derek Cornwall<br />

Address <strong>21</strong>0 Andersons Road, <strong>Wynyard</strong><br />

Issue 9.4.1 issue 2<br />

Why was an approval given for a residence to be built on a<br />

property in Coopers Lane when their application for a residence<br />

at 753 Reservoir Drive was refused?<br />

Director Development Services advised that the Coopers Lane<br />

property was created by subdivision for the purpose of rural<br />

residential. Further, the Coopers Lane application was approved<br />

as it was deemed to meet the performance criteria provisions of<br />

the Planning Scheme.<br />

The Reservoir Drive application did not meet the performance<br />

criteria provisions of the scheme.<br />

STATEMENTS<br />

Name<br />

Address<br />

Issue<br />

Julie Keegan<br />

37 Irby Boulevard, Sisters Beach<br />

Code of Conduct Complaint – Keegan/Moore – referred to<br />

Advocate article on Saturday 19 <strong>January</strong> <strong>2008</strong>.<br />

Name Derek Cornwall<br />

Address <strong>21</strong>0 Andersons Road, <strong>Wynyard</strong><br />

Issue Application for a residence at 753 Reservoir Drive, <strong>Wynyard</strong> –<br />

outlined his views in relation to the interpretation of <strong>Council</strong>’s<br />

Planning Scheme.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 10


Planning Authority Meeting commenced at 6:00 pm.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 11


Planning Authority Reports<br />

PLANNING AUTHORITY REPORTS<br />

3/08 SUBDIVISION - 15 LOT SUBDIVISION - RESIDENTIAL ZONE – 147<br />

INGLIS STREET, WYNYARD<br />

To:<br />

Planning Authority<br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Director Development Services<br />

File Reference: SD 1793<br />

<strong>Council</strong> Meeting Date: <strong>21</strong> <strong>January</strong> <strong>2008</strong><br />

1. Recommendation<br />

That the Planning Authority grant approval for a 15 lot residential<br />

subdivision in the Residential Zone at 147 Inglis Street, <strong>Wynyard</strong>,<br />

subject to the following conditions: -<br />

1. The development as shown on the endorsed plan(s) is not to be<br />

altered or modified for any reason without the consent of the<br />

Planning Authority.<br />

2. A Final Plan is to be submitted to the <strong>Waratah</strong>-<strong>Wynyard</strong><br />

<strong>Council</strong> for sealing. The plan is to be drawn to scale and<br />

prepared in accordance with the requirements of the Recorder<br />

of Titles and is to form part of this permit when sealed. The<br />

Final Plan is to be substantially the same as the endorsed plan.<br />

3. All conditions of the permit are to be completed prior to the<br />

sealing of the Final Plan.<br />

4. All costs associated with the proposed development are to be<br />

met by the Developer.<br />

5. No damage is to be caused to the road, footpath or other<br />

facility.<br />

6. No material is to be deposited onto the road.<br />

7. No materials, machinery or operational construction is to be<br />

located on the road, footpath, nature strip or road reservation.<br />

8. Necessary easements for powerlines, sewerage, water,<br />

drainage, access and the like are to be depicted in the final<br />

survey plan lodged for sealing.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 12


Planning Authority Reports<br />

9. The construction works are to be carried out in accordance<br />

with plans, specifications, calculations and computations<br />

approved by the Director Engineering Services and prepared<br />

by, or certified by, a Chartered Professional Engineer. The<br />

works are to be supervised by the Engineer who is to certify, by<br />

issue of a certificate, that the works have been substantially<br />

completed in accordance with the approved plans and<br />

specifications and submit “Work as Executed” drawings of the<br />

completed works in both paper and electronic format.<br />

10. A six (6) month maintenance period is to apply to all works<br />

within the development for which <strong>Council</strong> will assume future<br />

responsibility. A maintenance bond of 5% of the cost of the<br />

civil works is to be lodged with <strong>Council</strong> prior to the sealing of<br />

the Final Survey Plan. Commencement of the maintenance<br />

period is to be at the sealing of the Final Survey Plan.<br />

11. During the construction phase, all works are to be carried out<br />

between the following hours:<br />

Monday to Friday – 7:00 a.m. to 6:00 p.m. inclusive<br />

Saturday – 8:00 a.m. to 6:00 p.m. inclusive<br />

Sundays and Public Holidays – 10:00 a.m. to 6:00 p.m.<br />

inclusive<br />

12. A new kerb crossover to each lot is to be constructed in<br />

accordance with Municipal Standard Drawing No SD1003<br />

Urban Roads – Standard Vehicle Crossing to the satisfaction of<br />

the Director Engineering Services.<br />

13. A reinforced concrete driveway between the kerb crossover and<br />

the property boundary of each lot is to be constructed in<br />

accordance with Municipal Standard Drawing SD1003 Urban<br />

Roads – Standard Vehicle Crossing to the satisfaction of the<br />

Director engineering Services.<br />

14. A reticulated stormwater drainage system is to be provided<br />

with individual lot connections, road drainage and method of<br />

discharge in accordance with the requirements of the Director<br />

Engineering Services. The return interval for the reticulation<br />

network is 1 in 5 year ARI.<br />

15. An environmental management plan is to be prepared and<br />

submitted for the approval of the Director Engineering<br />

Services, prior to disturbance or construction, outlining<br />

proposed practices in relation to:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 13


Planning Authority Reports<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

Temporary run-off and erosion controls are to be<br />

installed before the development commences. Controls<br />

are to include, but are not limited to:<br />

Minimise site disturbance and vegetation removal;<br />

• Diversion of up-slope run-off around cleared and/or<br />

disturbed areas, areas to be cleared and/or disturbed<br />

or filling provided that such diverted water will not<br />

cause erosion and is directed to a legal discharge<br />

point;<br />

• Installation of sediment retention traps (e.g. sediment<br />

fences, etc.) at the down slope perimeter of the<br />

disturbed area or stockpile to prevent unwanted<br />

sediment and other debris escaping from the land;<br />

• Rehabilitation of all disturbed areas as soon as<br />

possible.<br />

Weed management.<br />

Storage facilities for fuels, oils, greases, chemicals and<br />

the like.<br />

Litter management.<br />

16. The provision of a 15m wide road reservation, suitably widened<br />

to 25m to accommodate a vehicular turning area, with lot<br />

boundaries splayed where necessary and shown as road on the<br />

final plan lodged for sealing.<br />

17. The construction of an asphalt sealed, compacted crushed rock<br />

pavement, designed in accordance with Austroads pavement<br />

design guidelines, with a minimum pavement thickness of 250<br />

mm plus a 30 mm asphalt seal, incorporating concrete kerb and<br />

channelling and footpaths, all to the satisfaction of the Director<br />

Engineering Services and in accordance with Standard<br />

Drawing SD 1001.<br />

18. Internal road to service proposed allotments 14 and 15 to have<br />

a width of 6.0 m measured lip of kerb to lip of kerb.<br />

19. Along the York Street frontage of the development, kerb and<br />

channelling is to be provided from the intersection with Inglis<br />

Street to the eastern boundary of proposed lot 13. The width of<br />

York Street, measured lip of kerb to lip of kerb, is to be 8.0 m<br />

and the developer is responsible for constructing any infill<br />

pavement and asphalt surfacing required.<br />

20. The developer is to supply and install street and traffic control<br />

signage required for the development. The signage is to<br />

comply with the requirements of the suite of AS 1742 standards.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 14


Planning Authority Reports<br />

<strong>21</strong>. Footpaths are to be constructed in accordance with <strong>Council</strong>’s<br />

standard drawing SD1006 and located on one side of the<br />

internal road network.<br />

22. A court bowl radius of 8.5 m is to be provided at the<br />

termination of the subdivisional road to facilitate the turn<br />

movements of vehicles including service vehicles such as<br />

garbage trucks. The standard of construction shall be equal to<br />

a road being constructed.<br />

23. The provision of a reticulated water supply to the development<br />

with individual lot connections and fire plugs in accordance<br />

with <strong>Council</strong>’s specifications (min. pipe size 100mm) and the<br />

requirements of the Tasmanian Fire Service. The developer is<br />

to supply and install water meters to all allotments. Water<br />

meter type is to be approved by the Director Engineering<br />

Services.<br />

24. Water meters are to be located so as to afford unobstructed<br />

access to service personnel.<br />

25. The provision of a reticulated sewerage system to the<br />

development with individual lot connections and method of<br />

disposal in accordance with the requirements of the Director<br />

Engineering Services. The system is to be designed by a<br />

Chartered Professional Engineer.<br />

26. Street lighting is to be provided in accordance with the<br />

requirements of Aurora Energy Pty Ltd and the Director<br />

Engineering Services. The street lighting is to be designed to<br />

minimise off site glare and reflected light. The use of nonstandard<br />

lighting poles is not permitted within the development.<br />

27. Underground power is to be provided to the development in<br />

accordance with the requirements of Aurora Energy Pty. Ltd.<br />

and <strong>Council</strong>’s standard drawings and specifications.<br />

28. Telecommunications infrastructure is to be provided to the<br />

development in accordance with the requirements of Telstra<br />

and <strong>Council</strong>’s standard drawings and specifications.<br />

29. A plan of management is to be prepared and submitted for the<br />

approval of the Director Engineering Services, prior to<br />

disturbance or construction, outlining information and<br />

proposed construction practices in relation to:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 15


Planning Authority Reports<br />

(i) Contact details for principal, consultants and<br />

contractors, including after hours numbers;<br />

(ii) Traffic management plan including road works<br />

signage;<br />

(iii) Proposed hours of work (including volume and timing<br />

of heavy vehicles entering and leaving the site, and<br />

works undertaken on site);<br />

(iv) Identification of potentially noisy construction phases,<br />

such as operation of rock-breakers, explosives or pile<br />

drivers, and proposed means to minimise impact on<br />

the amenity of neighbouring buildings;<br />

(v) Site facilities to be provided;<br />

(vi) Procedures for washing down vehicles, to prevent soil<br />

and debris being carried onto the street.<br />

30. The developer is to submit to <strong>Council</strong> for consideration a<br />

proposed name for the subdivisional street prior to the sealing<br />

of the Plan.<br />

31. The developer is to pay a public open space contribution<br />

equivalent to five percent (5%) of the value of the undeveloped<br />

new lots comprised in the plan. This condition is invoked under<br />

the provisions of Section 117 of the Local Government<br />

(Building & Miscellaneous Provisions) Act 1993. The<br />

contribution payment is to be made prior to sealing of the Final<br />

Survey Plan.<br />

32. The developer is to seek a private land valuation of the<br />

undeveloped new lots comprised in the plan. A copy of the<br />

valuation is to be submitted to <strong>Council</strong> prior to or upon<br />

payment of the public open space contribution (see Condition<br />

31).<br />

33. The developer may lodge a bond or bank guarantee to cover all<br />

outstanding or uncompleted works. The bond is to be<br />

determined by Director Engineering Services based upon the<br />

submission of two valuations for all outstanding works (plus<br />

20% of the higher amount).<br />

34. The bond, if accepted by <strong>Council</strong>, is to be held for a maximum<br />

period of twelve months after the sealing of the Final Survey<br />

Plan by <strong>Council</strong>. Any outstanding or substandard works not<br />

completed by the developer within this time are to be completed<br />

by <strong>Council</strong> and the cost deducted from the Bond and the<br />

balance of the Bond, if any, is to be refunded to the developer.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 16


Planning Authority Reports<br />

35. The subdivision is to be substantially commenced within the<br />

timeframes of the Land Use Planning and Approvals Act 1993,<br />

however, the subdivision may be staged, providing no stage<br />

comprises less than 10 lots. The developer is to seek further<br />

approval from <strong>Council</strong> if the final stage of subdivisional works<br />

as approved is not substantially commenced within a period of<br />

6 years from the date of this permit.<br />

2. Summary<br />

An application has been made by Len Mackenzie on behalf of the Department<br />

of Housing for a Residential subdivision on land located on the southern side<br />

of York Street towards the north-western end of the <strong>Wynyard</strong> township. The<br />

site is surrounded by existing residential development to the north, west and<br />

partially to the south, and is currently zoned Residential under the <strong>Waratah</strong>-<br />

<strong>Wynyard</strong> Planning Scheme 2000 (the Planning Scheme). The title has an area<br />

of 1.922 hectares and it is proposed to subdivide the land into 15 residential<br />

allotments, ranging in size from 702m 2 to 2972m 2 . Access to the lots will<br />

either be directly via York or Inglis Street or by a new internal road<br />

connecting to York Street.<br />

The proposal before <strong>Council</strong> is a discretionary application and is assessed<br />

against the provisions of the Planning Scheme, in particular Part 6 with respect<br />

to subdivision in the Residential zone.<br />

3. Background<br />

This report assesses the proposal against the Planning Scheme, and takes into<br />

account representations received during the public notification period.<br />

The subject property is located towards the western side of the township of<br />

<strong>Wynyard</strong>. The site is adjacent and opposite to existing residential<br />

development, and is currently zoned Residential under the Planning Scheme.<br />

The site is surrounded by land located within the Residential Zone. A small<br />

pocket of Industrial Zoned land is located diagonally opposite the site to the<br />

north-west.<br />

4. Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

* Land Use Planning and Approvals Act 1993<br />

* <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 17


Planning Authority Reports<br />

5. Finances<br />

Financial costs may arise in relation to any appeal against the determination of<br />

the application by the Planning Authority.<br />

6. Discussion<br />

Application<br />

An application has been made on behalf of the Housing Tasmania for a<br />

residential subdivision on land bounded by York and Inglis Streets in<br />

<strong>Wynyard</strong>. The subdivision proposes lots 1-4 with access directly onto Inglis<br />

Street, lots 5-13 with access directly onto York Street and lots 14-15 to be<br />

accessed by a new road connecting to York Street. Lots 13, 14 and 15 are<br />

larger allotments with the intent being that they will be ideal for higher density<br />

unit development in the future.<br />

The proposal before the Planning Authority is a discretionary application and<br />

is assessed against the provisions of the Planning Scheme, in particular Part 6<br />

with respect to subdivision in the Residential zone.<br />

Advertising<br />

The proposal was advertised for a period of 14 days in accordance with the<br />

provisions of the Land Use Planning and Approvals Act 1993. During this<br />

time <strong>Council</strong> received twelve (12) representations:<br />

• Aaron Clements & Tammy Lawrence 5/7 Inglis Street, <strong>Wynyard</strong><br />

• Arthur Papakostas, Wangaratta, Victoria<br />

• Carter and Franks Builders, PO Box 684, <strong>Wynyard</strong><br />

• Ian & Marilyn Carter, PO Box 684, <strong>Wynyard</strong><br />

• Johann Martens, 3 Katelyn Drive, <strong>Wynyard</strong><br />

• David and Cynthia Chappell, 55 Old Bass Highway, <strong>Wynyard</strong><br />

• Wayne and Melissa Singleton, <strong>Wynyard</strong><br />

• Philip and Melissa Browne, 3 Maxwell Place, <strong>Wynyard</strong><br />

• Jason and Michelle Smith, 2 Malakoff Street, Somerset<br />

• Chris Berechree, 10 Ramsden Street, Somerset<br />

• Chris and Bev Banks, 145 Inglis Street, <strong>Wynyard</strong><br />

• Shaun and Anita Delphin, 2 Maxwell Place, <strong>Wynyard</strong><br />

The representation by Shaun and Anita Delphin was withdrawn on 5<br />

December 2007.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 18


Planning Authority Reports<br />

Aaron Clements and Tammy Lawrence<br />

Issue Raised:<br />

Subdivision will potentially devalue all properties in the adjacent subdivision<br />

of Inglis Park Estate. Understands that these houses must go somewhere and<br />

suggests that a park be placed between the two estates.<br />

Planning Comment:<br />

It is understood that this reference is in relation to the fact that the subdivision<br />

will potentially be developed by Housing Tasmania in the future. The value of<br />

adjacent properties is unknown and the impact of the development on property<br />

values is not a relevant planning matter. The application before <strong>Council</strong> is to<br />

subdivide a parcel of land and can only be assessed on its merits against the<br />

relevant considerations under the Planning Scheme. The proposal meets all<br />

relevant standards.<br />

Arthur Papakostas<br />

Issue Raised:<br />

Concerned that the subdivision will impact on the quality and value of our<br />

estate/development and the existing dwellings that have been erected.<br />

Planning Comment:<br />

The proposed subdivision accords with all relevant standards under the<br />

Planning Scheme. The value of neighbouring properties is unknown and, in<br />

any case, is not a relevant planning matter.<br />

Arthur Papakostas<br />

Issue Raised:<br />

Do not wish to condemn the development of Government Housing but feel that<br />

a concentrated estate will have an impact on representors estate and the<br />

<strong>Wynyard</strong> community as a whole.<br />

Planning Comment:<br />

The location of Government Housing is not a <strong>Council</strong> matter. The location of<br />

housing around the State is determined by Housing Tasmania. The<br />

subdivision can only be assessed on its merits from a land use planning<br />

perspective and the application before <strong>Council</strong> meets all relevant standards of<br />

the Planning Scheme.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 19


Planning Authority Reports<br />

Arthur Papakostas<br />

Issue Raised:<br />

Suggests that <strong>Council</strong> could contribute to half the cost of the development of<br />

York Street and then to be reimbursed monies by applying a condition to any<br />

future development along the new section of York Street and therefore<br />

recuperate the cost.<br />

Planning Comment:<br />

York Street is already constructed for the length of the proposed subdivision.<br />

A condition of permit will require the developers to provide kerb and<br />

channelling from the intersection of Inglis Street to the eastern boundary of<br />

proposed lot 13.<br />

Carter and Franks Builders<br />

Issue Raised:<br />

Concerned that Housing Commission properties will be constructed 12 metres<br />

away from representor’s property at Lot 42 Inglis Park. Covenants will be<br />

broken and the quality of homes in Inglis Park will deteriorate.<br />

Planning Comment:<br />

It is understood that there are covenants on the titles for the lots located within<br />

the Inglis Park Estate subdivision opposite the subject site requiring that no<br />

Housing Commission houses be constructed within the estate. There is no<br />

covenant on the title for the subject site, and it is noted that the proposal is for<br />

subdivision only at this stage in any case.<br />

Ian Carter & Marilyn Carter<br />

Issue Raised:<br />

Inglis Park Estate covenants stated that no Housing Commission Houses are<br />

to be built in the park. If the subdivision proceeds it will make the covenants<br />

non valid and increase the level of non-privately owned homes in the area.<br />

Planning Comment:<br />

It is understood that there are covenants on the titles for the lots located within<br />

the Inglis Park Estate subdivision opposite the subject site requiring that no<br />

Housing Commission houses be constructed within the estate. There is no<br />

covenant on the title of the subject site, and it is noted that the proposal is for<br />

subdivision only at this stage. It is noted that the covenants on the titles in the<br />

Inglis Park Estate will remain valid until such time as they are removed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 20


Planning Authority Reports<br />

Johann Martens<br />

Issue Raised:<br />

Concerned that it will devalue representor’s development at 3 Katelyn Drive<br />

as well as other houses in the area.<br />

Planning Comment:<br />

The location of Government Housing is not a <strong>Council</strong> matter. The location of<br />

housing around the State is determined by Housing Tasmania. The<br />

subdivision can only be assessed on its merits from a land use planning<br />

perspective and the application before <strong>Council</strong> meets all relevant standards of<br />

the Planning Scheme.<br />

Johann Martens<br />

Issue Raised:<br />

Object to new road being built onto York Street as it will put a lot of stress on<br />

York Street and Inglis Street intersection where so many accidents have<br />

already occurred.<br />

Planning Comment:<br />

The proposed road off York Street will only service two lots (albeit they have<br />

the potential for further subdivision or development for multi-unit purposes)<br />

and is adequately sited in terms of providing for adequate sight distances. It is<br />

noted that <strong>Council</strong> have recently applied for Blackspot funding to install a<br />

roundabout at the Inglis St/York St intersection to assist in reducing the<br />

incidents of accidents. Irrespective of the application for funding, from a<br />

traffic engineering perspective, York Street has sufficient capacity to cope<br />

with the additional loading as a result of the subdivision.<br />

David & Cynthia Chappell<br />

Issue Raised:<br />

Covenant on representor’s property states that no commission homes shall be<br />

built and a Housing Commission estate in such closed proximity will detract<br />

from the overall quality of the representor’s estate and will reduce value of<br />

homes in the area.<br />

Planning Comment:<br />

It is understood that there are covenants on the titles for the lots located within<br />

the Inglis Park Estate subdivision opposite the subject site requiring that no<br />

Housing Commission houses be constructed within the estate. There is no<br />

covenant on the title for the subject site, and it is noted that the proposal is for<br />

subdivision only at this stage. It is noted that the covenants on the titles in the<br />

Inglis Park Estate will remain valid until such time as they are removed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page <strong>21</strong>


Planning Authority Reports<br />

As discussed above, the perceived impact on surrounding residential property<br />

values is not a matter addressed by the Planning Scheme.<br />

Wayne and Melissa Singleton<br />

Issue Raised:<br />

The proposed subdivision will undermine the investments that people have<br />

made in the area.<br />

Planning Comment:<br />

As discussed above, the perceived impact on surrounding residential property<br />

values is not a matter addressed by the Planning Scheme.<br />

Wayne and Melissa Singleton<br />

Issue Raised:<br />

The proven detrimental impact that blanket subdivision of this nature have on<br />

the occupants of those subdivisions needs to be considered.<br />

Planning Comment:<br />

It is assumed this comment is in reference to the fact the land is owned by<br />

Housing Tasmania. As discussed above, the location of Housing Tasmania’s<br />

assets is not a <strong>Council</strong> matter. The subdivision needs to be considered on its<br />

land use planning merits or otherwise.<br />

Philip and Melissa Browne<br />

Issue Raised:<br />

Strongly objects to subdivision. If subdivision is to proceed, would like to see<br />

the entrance off Inglis Street rather than York Street. The main concern with<br />

the access off York Street is that there are a lot of families with young children<br />

that have moved into the Inglis Park Estate and this would cause more excess<br />

traffic and this will not be a safe environment for children.<br />

Planning Comment:<br />

The addition of 11 lots having direct frontage or access to York Street is not<br />

considered to raise any traffic safety concerns. <strong>Council</strong> is obliged to consider<br />

the application before it, and can only make minor changes to the design as<br />

part of any permit issued. The subdivision design, as submitted, is considered<br />

appropriate. It is noted the land is zoned Residential therefore development on<br />

the site is envisaged at some stage.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 22


Planning Authority Reports<br />

Philip and Melissa Browne<br />

Issue Raised:<br />

New houses in Inglis Park Estate subdivision will be greatly reduced in value.<br />

Planning Comment:<br />

As discussed above, the perceived impact on surrounding residential property<br />

values is not a matter addressed by the Planning Scheme.<br />

Jason and Michelle Smith<br />

Issue Raised:<br />

Objects to subdivision but if it is to be approved suggest that access should be<br />

via Inglis Street rather than York Street.<br />

Planning Comment:<br />

The addition of 11 lots having direct frontage or access to York Street is not<br />

considered to raise any traffic safety concerns. <strong>Council</strong> is obliged to consider<br />

the application before it and can only make minor changes to the design as<br />

part of any permit issues. The subdivision design as submitted is considered<br />

appropriate. It is noted that the land is zoned Residential therefore<br />

development on the site is envisaged at some stage.<br />

Jason and Michelle Smith<br />

Issue Raised:<br />

Housing Commission development will devalue properties. The Covenants<br />

that cover the Inglis Park Estate subdivision state there are to be no housing<br />

commission residences built in the subdivision. The Inglis and York Street<br />

intersection is a black spot. Adding another subdivision will increase the<br />

amount of traffic at this intersection and therefore increase the risk of more<br />

accidents.<br />

Planning Comment:<br />

As discussed above, the perceived effect of the proposal on surrounding<br />

property values is not a relevant planning matter. The covenant that applies to<br />

the lots within the Inglis Park Estate does not apply to the subject site, which<br />

is not part of that subdivision.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 23


Planning Authority Reports<br />

The addition of 11 lots having direct frontage or access to York Street is not<br />

considered to raise any traffic safety concerns. <strong>Council</strong> is obliged to consider<br />

the application before it and can only make minor changes to the design as<br />

part of any permit issues. The subdivision design, as submitted, is considered<br />

appropriate. It is noted that the land is zoned Residential therefore<br />

development on the site is envisaged at some stage.<br />

Jason and Michelle Smith<br />

Issue Raised:<br />

The addition of Housing Commission houses so close to the Inglis Park Estate<br />

subdivision would bring unemployment and therefore a high crime rate to the<br />

area. Suggests that a boundary fence should be built along York Street<br />

dividing the two subdivisions.<br />

Planning Comment:<br />

This issue is a moral judgement issue and has no planning relevance. It is<br />

considered that a boundary fence along York Street would be inappropriate<br />

and not provide for appropriate street frontages. In any case, boundary<br />

fencing is a matter to be considered at the time of development proceeding on<br />

the lots.<br />

Chris Berechree<br />

Issue Raised:<br />

Objects to subdivision unless <strong>Council</strong> can reassure the residents in the nearby<br />

subdivision that the property developments to go in the new subdivision will fit<br />

into the quality of the current residential properties in that area around York<br />

St and Katelyn Drive. The construction of Housing Commission houses within<br />

the proposed subdivision will devalue properties in the surrounding area.<br />

Planning Comment:<br />

Any future development on lots within the proposed subdivision would need<br />

to be in accord with the relevant Planning Scheme provisions. The issue of<br />

property values is not a relevant planning matter.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 24


Planning Authority Reports<br />

Chris Berechree<br />

Issue Raised:<br />

<strong>Council</strong> shouldn’t require the land around West <strong>Wynyard</strong> with the rezoning of<br />

land for subdivision in the east of <strong>Wynyard</strong> as per <strong>Council</strong>’s Strategic Plan.<br />

Planning Comment:<br />

The subject site is zoned for residential purposes and the property owners have<br />

applied for it to be subdivided in accordance with the Zone intent.<br />

Chris Berechree<br />

Issue Raised:<br />

Inglis Park Estate covenants stated that no Housing Commission Houses are<br />

to be built in the Park. If the subdivision proceeds it will make the covenants<br />

non valid and increase the level of non-privately owned homes in the area.<br />

Planning Comment:<br />

It is understood that there are covenants on the titles for the lots located within<br />

the Inglis Park Estate subdivision opposite the subject site requiring that no<br />

Housing Commission houses be constructed within the estate. There is no<br />

covenant on the title of the subject site, and it is noted that the proposal is for<br />

subdivision only at this stage. It is noted that the covenants on the titles in the<br />

Inglis Park Estate will remain valid until such time as they are removed.<br />

Chris and Bev Banks<br />

Issue Raised:<br />

Loss of native vegetation and wildlife habitat<br />

Planning Comment:<br />

The subject site is zoned for residential purposes. The small area of land<br />

involved, and the fact it is partially surrounded by residential development,<br />

means that the long-term viability of the native vegetation is at risk in any<br />

case.<br />

It is noted that there is a Notice of Intent stating that a Forest Practices Plan<br />

will be prepared to enable the clearing of vegetation on the site. The<br />

vegetation and fauna habitat values will be separately assessed through this<br />

process.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 25


Planning Authority Reports<br />

Application Assessment<br />

The site is zoned Residential under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000 and the proposal is for a residential subdivision. The proposed<br />

development required a Section 57 planning application under the Land Use<br />

Planning and Approvals Act 1993 (LUPAA). Section 57(1) (b) of LUPAA<br />

allows <strong>Council</strong> to relax or waive the provisions of its Planning Scheme under a<br />

discretionary status.<br />

The <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000 has specific requirements for<br />

the development of subdivisions in the residential zone as stipulated in Part 6 -<br />

Residential Zone provisions and in Part 11 – Residential Development<br />

Schedule.<br />

The Scheme articulates the following in relation to the Residential Zone.<br />

6.0 Residential Zone<br />

6.1 Values of the zone<br />

6.1.1 This zone incorporates predominantly residential and<br />

associated use or development of the following areas:<br />

<strong>Wynyard</strong> and Somerset, the hinterland settlements of<br />

Yolla and <strong>Waratah</strong> and the coastal holiday settlements<br />

of Boat Harbour Beach and Sisters Beach. The zone<br />

also includes land suitable for residential and associated<br />

use or development.<br />

6.1.2 The values associated with those areas zoned residential<br />

are specified in Part 2 of the planning scheme.<br />

6.2 Intent of the zone<br />

(a) To protect and enhance residential amenity; and<br />

(b) To allow for compatible uses that do not adversely<br />

impact upon residential amenity.<br />

The development of a residential subdivision is consistent with the values of<br />

the Residential Zone. Indeed, infill development is to be encouraged within<br />

the municipal area. Part 2.3.1 (a) of the Planning Scheme Strategies, states<br />

‘new urban development should be confined to the towns of <strong>Wynyard</strong> and<br />

Somerset, the hinterland townships of Yolla and <strong>Waratah</strong> and coastal<br />

settlements of Boat Harbour Beach and Sisters Beach’.<br />

The application is assessed as follows against Scheme Criteria specific to the<br />

application:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 26


Planning Authority Reports<br />

Relevant Standards for use or development in the Residential Zone<br />

6.4.1 Issue 1.0: - Effluent and stormwater disposal<br />

Objective: To ensure that effluent and stormwater discharge from new<br />

development does not have an adverse effect on water quality.<br />

Acceptable Solution<br />

Performance Criteria<br />

Serviced Areas<br />

1.1 Effluent is to be disposed of by a<br />

connection to reticulated<br />

sewerage, sewage treatment<br />

and stormwater systems.<br />

1.3 The cost of the chosen system or<br />

connection to existing<br />

infrastructure is to be at the<br />

developers expense.<br />

Serviced Areas<br />

1.1 No performance criteria<br />

1.3 No performance criteria<br />

A condition of permit will require the developer to connect each lot to the<br />

reticulated sewerage and stormwater systems and the developer will also be<br />

obliged to meet all costs associated with the necessary connections.<br />

The proposal meets the Acceptable Solution.<br />

6.4.1 Issue 3.0:- Subdivision<br />

Objective: To ensure that land is subdivided in a manner:<br />

a. which is appropriate to the intended use or development;<br />

b. that provides appropriate infrastructure;<br />

c. that meets relevant Scheme standards;<br />

d. that provides a range and mix of lot sizes to suit a variety of dwelling<br />

and household types, with areas and dimensions that meet user<br />

requirements;<br />

e. that protects residential amenity; and<br />

f. that allows application of energy conservation principles.<br />

The proposed subdivision meets the objectives of subdivision in the<br />

Residential Zone.<br />

Acceptable Solution<br />

3.1 Lot layout shall comply with the<br />

acceptable solutions as set out in<br />

clauses 1.1, 1.2, 1,3 and 1.4 of<br />

Table 11.1 (Part 11) – Residential<br />

Development Schedule.<br />

Performance Criteria<br />

3.1 Lot layout shall comply with the<br />

performance criteria as set out in<br />

clauses 1.1, 1.2, 1,3 and 1.4 of<br />

Table 11.1 (Part 11) – Residential<br />

Development Schedule.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 27


Planning Authority Reports<br />

As discussed below, the proposed lot layout accords with the Acceptable<br />

Solutions of the Residential Development Schedule.<br />

Acceptable Solution<br />

3.2 Land to be subdivided must be<br />

capable of having all sewage<br />

effluent and stormwater runoff<br />

discharged to a reticulated<br />

disposal system.<br />

Performance Criteria<br />

3.2 It is demonstrated that sewage<br />

effluent and stormwater can be<br />

disposed of within the<br />

boundaries of the site and not<br />

result in adverse impacts on the<br />

environment.<br />

The proposal meets the acceptable solution.<br />

Acceptable Solution<br />

3.4 Lot layout, road layout and<br />

construction shall provide,<br />

supplement or enhance<br />

appropriate facilities and safe<br />

and convenient connections for<br />

public transport (where<br />

appropriate), and for<br />

pedestrians and cyclists (such<br />

as bus stops, footpaths, cycle<br />

ways, lighting, seating,<br />

shelters).<br />

Performance Criteria<br />

3.4 No performance criteria.<br />

The proposed lot layout takes advantage of the existing road frontage. A small<br />

connector road is required off York Street to service proposed lots 14 and 15.<br />

The creation of larger lots for multi-unit development at the outset of a<br />

subdivision is a desirable outcome.<br />

The proposal meets the Acceptable Solution.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 28


Planning Authority Reports<br />

Lot Size<br />

Acceptable Solution<br />

3.5 Lots shall have minimum<br />

area of 450m 2 and must be<br />

capable of containing a<br />

rectangle measuring 10m by<br />

15m and having a slope of 1:10<br />

or less. Lot area excludes<br />

strips of land used for frontage<br />

to internal lots.<br />

Performance Criteria<br />

3.5 Lots must have area and<br />

dimensions suitable for the<br />

siting and construction of a<br />

dwelling and ancillary<br />

outbuildings, the provision of<br />

private outdoor space,<br />

convenient vehicle access and<br />

parking. Lot layout is to take<br />

into account the slope of the<br />

land and the desirability of<br />

minimizing<br />

earthworks/retaining walls and<br />

cut and fill associated with<br />

dwelling construction. A<br />

building envelope must be<br />

incorporated into the proposal<br />

plan.<br />

The minimum lot size to be created will be 702m 2 , well above the allowed<br />

minimum lot size. Each lot is capable of containing a rectangle measuring<br />

10m by 15m and the site is relatively flat.<br />

The proposal meets the Acceptable Solution.<br />

Acceptable Solution<br />

3.6 Lots shall have a minimum<br />

frontage of:<br />

Performance Criteria<br />

3.6 No performance criteria.<br />

(a) 3.6 metres if less than 1200m 2 ;<br />

(b) 6 metres if between 1200m 2<br />

3000m 2 ; or<br />

and<br />

(c a width necessary to accommodate<br />

a street reservation required for<br />

any re-subdivision of the lot if<br />

more than 3000m 2 .<br />

All the lots that directly abut either York Street or Inglis Street have a<br />

minimum road frontage of 18.62 metres. Lots 14 and 15 that abut the new<br />

road will have road frontages of in excess of 30 metres.<br />

The proposal meets the Acceptable Solution.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 29


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Orientation and Energy<br />

3.7 A minimum of 70% of all lots are<br />

to be orientated to facilitate the<br />

siting of houses to take advantage<br />

of solar access by ensuring that<br />

houses can be built on the lot(s)<br />

in which the living room will<br />

receive not less than 4 hours of<br />

sunshine between 9am and 3pm<br />

on June <strong>21</strong>.<br />

3.8 Any new lot in an established<br />

residential area is to have no<br />

more than one third of its area<br />

covered by the shadow of existing<br />

development on June <strong>21</strong> between<br />

the hours of 10:00 am to 2:00 pm.<br />

3.7 Lots are to be orientated to<br />

facilitate the siting of dwellings to<br />

take advantage of microclimatic<br />

benefits, and have dimensions to<br />

allow adequate on site solar<br />

access, taking into account likely<br />

dwelling size and the relationship<br />

of each lot to the street.<br />

3.8 The dimensions of any lot are to<br />

allow solar access on site to be<br />

maximized, taking into account<br />

the likely house size and the<br />

relationship of each lot to existing<br />

buildings or adjoining land.<br />

In the absence of building envelopes indicating how dwellings might be sited<br />

to provide advantage of solar access, it is considered difficult to ascertain<br />

compliance with Acceptable Solution 3.7 with any certainty. This is<br />

compounded by the fact that the lots fronting York Street are sited on the<br />

north-south axis with the likelihood that open spaces and living areas would<br />

face a southerly direction. Therefore, reliance on the Performance Criteria is<br />

required in this instance. The size of the proposed lots at a minimum of 702m 2<br />

will allow for future development to be sited to enable adequate solar access.<br />

Lots 5-12 will provide some greater difficulty for future dwelling design but<br />

compliance with the Performance Criteria is considered to have been achieved.<br />

The location of the subdivision is such that only one lot may potentially be<br />

impacted upon by neighbouring residential development, being 145 Inglis<br />

Street which is adjacent to Lot 1. The orientation of Lot 1 is such that it will<br />

not be impacted upon by overshadowing from the adjacent Lot.<br />

6.4.1 Issue 6.0: - Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to new<br />

development is not borne by the community.<br />

Acceptable Solution<br />

6.1 Where a use or development<br />

requires the provision of<br />

infrastructure or will exceed the<br />

design capacity of existing public<br />

infrastructure, the cost of the<br />

infrastructure is to be paid for by<br />

the person undertaking the use or<br />

development.<br />

Performance Criteria<br />

6.1 Where a use or development<br />

requires the provision of<br />

infrastructure or will exceed the<br />

design capacity of existing public<br />

infrastructure, the applicant shall<br />

demonstrate that an agreement<br />

has been entered into with<br />

relevant body to pay for such<br />

infrastructure as part of the<br />

approval.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 30


Planning Authority Reports<br />

A condition of permit will ensure that the developer will meet all costs created<br />

by the extension of the infrastructure.<br />

The application meets the Acceptable Solution.<br />

Relevant Schedules<br />

12.0 Siting of Developments Schedule<br />

The intent of this schedule is to:<br />

(a) protect aspects of visual and environmental significance of the<br />

planning area; and<br />

(b) prevent use or development occurring in locations where there is risk<br />

of future property damage or lives are placed at risk.<br />

Table 12.1 Issue 1.0:- Environmental and Visual Impact<br />

Objective: To protect the environmental and visual qualities of rural and<br />

coastal landscapes in the Primary Industries, Environmental Management and<br />

Residential Zones through ensuring that buildings, structures and other works<br />

are located and constructed so as to minimize their impacts.<br />

Acceptable Solution<br />

Slopes<br />

1.1 Building, private roads and<br />

associated works are to be on<br />

slopes of less than 6 degrees<br />

(1:10)<br />

Performance Criteria<br />

Slopes<br />

1.1 Building, private roads and<br />

associated works may occur on<br />

slopes >1:10 provided it can be<br />

demonstrated that:<br />

(a) stormwater is managed to<br />

ensure maximum on site<br />

absorption and retention.<br />

Water movement downslope<br />

from the building or<br />

structure shall not be<br />

greater than existing before<br />

development. Roads shall<br />

follow contours and manage<br />

runoff to prevent erosion;<br />

(b) buildings shall utilise<br />

techniques which minimise<br />

the need for excavation or<br />

fill for foundations and<br />

associated hardstand areas;<br />

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Planning Authority Reports<br />

(c) the footprint of buildings or<br />

structures shall be<br />

minimized and the building<br />

mass stepped down the<br />

slope; and<br />

(d) septic absorption efficiency<br />

is not reduced.<br />

The proposed development is sited on land with a slope of less than 6 degrees.<br />

The proposal meets the Acceptable Solution.<br />

Acceptable Solution<br />

Soils<br />

1.2 Buildings are to be located on<br />

loams or clay/loams of sufficient<br />

depth to accommodate building<br />

footings and septic absorption.<br />

Performance Criteria<br />

Soils<br />

1.2 Sandy or clay soils or rocky<br />

surfaces may be used for<br />

buildings provided it can be<br />

demonstrated that wind or water<br />

erosion will not be caused or<br />

septic absorption efficiency<br />

reduced.<br />

The proposal meets the Acceptable Solution.<br />

Acceptable Solution<br />

Hydrology<br />

1.3 All buildings and works are to<br />

be located a minimum of 30<br />

metres away from the outer<br />

boundaries of drainage swales,<br />

recharge basins, areas with<br />

high water tables, water<br />

courses and flood plains.<br />

Performance Criteria<br />

Hydrology<br />

1.3 Any buildings or works located<br />

on or near drainage swales,<br />

recharge basins, high water<br />

tables, water courses or flood<br />

plains shall be designed and<br />

constructed in a manner that<br />

will not affect the natural flow<br />

regimes or water qualities of<br />

any of these features.<br />

The site is not located within 30 metres of any identified watercourses.<br />

The proposal meets the Acceptable Solution.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 32


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18.0 Bushfire Prone Areas Schedule<br />

The intent of this schedule is to:<br />

(a) Reduce bushfire risks for habitable buildings.<br />

Table 18.1 Issue 1.0:- Subdivision and Layout Design<br />

Objective: The design, siting and layout of rural, urban and industrial<br />

subdivisions should be such as to minimise the level of fire risk and the<br />

potential loss of life.<br />

Acceptable Solution<br />

1.1 Subdivisions are to be designed to<br />

enable a building protection zone<br />

(BPZ) to be separated from a fire<br />

hazard by a fuel modified buffer<br />

zone (FMBZ) in accordance with<br />

Figure 18.2 (see also Fig. 18.1).<br />

1.2 The FMBZ is to be within the<br />

boundaries of the proposed lot.<br />

1.3 Subdivisions are to be designed to<br />

allow for the setback of buildings<br />

within a building envelope so that<br />

a BPZ of the widths set out in<br />

Figure 18.3 can be maintained.<br />

Performance Criteria<br />

1.1 No performance criteria<br />

1.2 No performance criteria<br />

1.2 No performance criteria<br />

Whilst there is currently some remnant vegetation on the site, it is proposed to<br />

clear the vegetation to facilitate the subdivision. Once the site has been<br />

largely cleared, there will be no unreasonable bushfire hazard risk.<br />

Compliance with the Acceptable Solution can be achieved.<br />

A full assessment against the bushfire prone areas schedule has not been<br />

provided as it is considered that, once the site has been cleared for the<br />

subdivision, there will be no bushfire hazard. The site will be connected to<br />

town water supply and will have several access points.<br />

7. Risk<br />

There is a risk that the applicants or representors may appeal the determination<br />

of the Planning Authority to the Resource Management and Planning Appeal<br />

Tribunal.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 33


Planning Authority Reports<br />

8. Conclusion<br />

The proposed site is adjacent to existing residential development, and is<br />

currently zoned Residential under the Planning Scheme. The application<br />

appears to be a sound use of the site and it is considered appropriate that<br />

conditional approval be granted. This will allow the development to proceed<br />

in such a manner as to encourage infill development within the township of<br />

<strong>Wynyard</strong>.<br />

MOVED BY<br />

SECONDED BY<br />

CR WALSH<br />

CR DUNIAM<br />

That the Planning Authority grant approval for a 15 lot residential subdivision<br />

in the Residential Zone at 147 Inglis Street, <strong>Wynyard</strong>, subject to the following<br />

conditions: -<br />

1. The development as shown on the endorsed plan(s) is not to be altered<br />

or modified for any reason without the consent of the Planning<br />

Authority.<br />

2. A Final Plan is to be submitted to the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> for<br />

sealing. The plan is to be drawn to scale and prepared in accordance<br />

with the requirements of the Recorder of Titles and is to form part of<br />

this permit when sealed. The Final Plan is to be substantially the same<br />

as the endorsed plan.<br />

3. All conditions of the permit are to be completed prior to the sealing of<br />

the Final Plan.<br />

4. All costs associated with the proposed development are to be met by<br />

the Developer.<br />

5. No damage is to be caused to the road, footpath or other facility.<br />

6. No material is to be deposited onto the road.<br />

7. No materials, machinery or operational construction is to be located<br />

on the road, footpath, nature strip or road reservation.<br />

8. Necessary easements for powerlines, sewerage, water, drainage,<br />

access and the like are to be depicted in the final survey plan lodged<br />

for sealing.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 34


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9. The construction works are to be carried out in accordance with plans,<br />

specifications, calculations and computations approved by the<br />

Director Engineering Services and prepared by, or certified by, a<br />

Chartered Professional Engineer. The works are to be supervised by<br />

the Engineer who is to certify, by issue of a certificate, that the works<br />

have been substantially completed in accordance with the approved<br />

plans and specifications and submit “Work as Executed” drawings of<br />

the completed works in both paper and electronic format.<br />

10. A six (6) month maintenance period is to apply to all works within the<br />

development for which <strong>Council</strong> will assume future responsibility. A<br />

maintenance bond of 5% of the cost of the civil works is to be lodged<br />

with <strong>Council</strong> prior to the sealing of the Final Survey Plan.<br />

Commencement of the maintenance period is to be at the sealing of the<br />

Final Survey Plan.<br />

11. During the construction phase, all works are to be carried out between<br />

the following hours:<br />

Monday to Friday – 7:00 a.m. to 6:00 p.m. inclusive<br />

Saturday – 8:00 a.m. to 6:00 p.m. inclusive<br />

Sundays and Public Holidays – 10:00 a.m. to 6:00 p.m. inclusive<br />

12. A new kerb crossover to each lot is to be constructed in accordance<br />

with Municipal Standard Drawing No SD1003 Urban Roads –<br />

Standard Vehicle Crossing to the satisfaction of the Director<br />

Engineering Services.<br />

13. A reinforced concrete driveway between the kerb crossover and the<br />

property boundary of each lot is to be constructed in accordance with<br />

Municipal Standard Drawing SD1003 Urban Roads – Standard<br />

Vehicle Crossing to the satisfaction of the Director engineering<br />

Services.<br />

14. A reticulated stormwater drainage system is to be provided with<br />

individual lot connections, road drainage and method of discharge in<br />

accordance with the requirements of the Director Engineering<br />

Services. The return interval for the reticulation network is 1 in 5 year<br />

ARI.<br />

15. An environmental management plan is to be prepared and submitted<br />

for the approval of the Director Engineering Services, prior to<br />

disturbance or construction, outlining proposed practices in relation<br />

to:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 35


Planning Authority Reports<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

Temporary run-off and erosion controls are to be installed<br />

before the development commences. Controls are to include,<br />

but are not limited to:<br />

Minimise site disturbance and vegetation removal;<br />

• Diversion of up-slope run-off around cleared and/or<br />

disturbed areas, areas to be cleared and/or disturbed or<br />

filling provided that such diverted water will not cause<br />

erosion and is directed to a legal discharge point;<br />

• Installation of sediment retention traps (e.g. sediment fences,<br />

etc.) at the down slope perimeter of the disturbed area or<br />

stockpile to prevent unwanted sediment and other debris<br />

escaping from the land;<br />

• Rehabilitation of all disturbed areas as soon as possible.<br />

Weed management.<br />

Storage facilities for fuels, oils, greases, chemicals and<br />

the like.<br />

Litter management.<br />

16. The provision of a 15m wide road reservation, suitably widened to 25m<br />

to accommodate a vehicular turning area, with lot boundaries splayed<br />

where necessary and shown as road on the final plan lodged for<br />

sealing.<br />

17. The construction of an asphalt sealed, compacted crushed rock<br />

pavement, designed in accordance with Austroads pavement design<br />

guidelines, with a minimum pavement thickness of 250 mm plus a 30<br />

mm asphalt seal, incorporating concrete kerb and channelling and<br />

footpaths, all to the satisfaction of the Director Engineering Services<br />

and in accordance with Standard Drawing SD 1001.<br />

18. Internal road to service proposed allotments 14 and 15 to have a width<br />

of 6.0 m measured lip of kerb to lip of kerb.<br />

19. Along the York Street frontage of the development, kerb and<br />

channelling is to be provided from the intersection with Inglis Street to<br />

the eastern boundary of proposed lot 13. The width of York Street,<br />

measured lip of kerb to lip of kerb, is to be 8.0 m and the developer is<br />

responsible for constructing any infill pavement and asphalt surfacing<br />

required.<br />

20. The developer is to supply and install street and traffic control signage<br />

required for the development. The signage is to comply with the<br />

requirements of the suite of AS 1742 standards.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 36


Planning Authority Reports<br />

<strong>21</strong>. Footpaths are to be constructed in accordance with <strong>Council</strong>’s standard<br />

drawing SD1006 and located on one side of the internal road network.<br />

22. A court bowl radius of 8.5 m is to be provided at the termination of the<br />

subdivisional road to facilitate the turn movements of vehicles<br />

including service vehicles such as garbage trucks. The standard of<br />

construction shall be equal to a road being constructed.<br />

23. The provision of a reticulated water supply to the development with<br />

individual lot connections and fire plugs in accordance with <strong>Council</strong>’s<br />

specifications (min. pipe size 100mm) and the requirements of the<br />

Tasmanian Fire Service. The developer is to supply and install water<br />

meters to all allotments. Water meter type is to be approved by the<br />

Director Engineering Services.<br />

24. Water meters are to be located so as to afford unobstructed access to<br />

service personnel.<br />

25. The provision of a reticulated sewerage system to the development with<br />

individual lot connections and method of disposal in accordance with<br />

the requirements of the Director Engineering Services. The system is<br />

to be designed by a Chartered Professional Engineer.<br />

26. Street lighting is to be provided in accordance with the requirements of<br />

Aurora Energy Pty Ltd and the Director Engineering Services. The<br />

street lighting is to be designed to minimise off site glare and reflected<br />

light. The use of non-standard lighting poles is not permitted within<br />

the development.<br />

27. Underground power is to be provided to the development in<br />

accordance with the requirements of Aurora Energy Pty. Ltd. and<br />

<strong>Council</strong>’s standard drawings and specifications.<br />

28. Telecommunications infrastructure is to be provided to the<br />

development in accordance with the requirements of Telstra and<br />

<strong>Council</strong>’s standard drawings and specifications.<br />

29. A plan of management is to be prepared and submitted for the<br />

approval of the Director Engineering Services, prior to disturbance or<br />

construction, outlining information and proposed construction<br />

practices in relation to:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 37


Planning Authority Reports<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

Contact details for principal, consultants and contractors,<br />

including after hours numbers;<br />

Traffic management plan including road works signage;<br />

Proposed hours of work (including volume and timing of<br />

heavy vehicles entering and leaving the site, and works<br />

undertaken on site);<br />

Identification of potentially noisy construction phases, such as<br />

operation of rock-breakers, explosives or pile drivers, and<br />

proposed means to minimise impact on the amenity of<br />

neighbouring buildings;<br />

Site facilities to be provided;<br />

Procedures for washing down vehicles, to prevent soil and<br />

debris being carried onto the street.<br />

30. The developer is to submit to <strong>Council</strong> for consideration a proposed<br />

name for the subdivisional street prior to the sealing of the Plan.<br />

31. The developer is to pay a public open space contribution equivalent to<br />

five percent (5%) of the value of the undeveloped new lots comprised<br />

in the plan. This condition is invoked under the provisions of Section<br />

117 of the Local Government (Building & Miscellaneous Provisions)<br />

Act 1993. The contribution payment is to be made prior to sealing of<br />

the Final Survey Plan.<br />

32. The developer is to seek a private land valuation of the undeveloped<br />

new lots comprised in the plan. A copy of the valuation is to be<br />

submitted to <strong>Council</strong> prior to or upon payment of the public open<br />

space contribution (see Condition 31).<br />

33. The developer may lodge a bond or bank guarantee to cover all<br />

outstanding or uncompleted works. The bond is to be determined by<br />

Director Engineering Services based upon the submission of two<br />

valuations for all outstanding works (plus 20% of the higher amount).<br />

34. The bond, if accepted by <strong>Council</strong>, is to be held for a maximum period<br />

of twelve months after the sealing of the Final Survey Plan by <strong>Council</strong>.<br />

Any outstanding or substandard works not completed by the developer<br />

within this time are to be completed by <strong>Council</strong> and the cost deducted<br />

from the Bond and the balance of the Bond, if any, is to be refunded to<br />

the developer.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 38


Planning Authority Reports<br />

IN FAVOUR<br />

35. The subdivision is to be substantially commenced within the<br />

timeframes of the Land Use Planning and Approvals Act 1993,<br />

however, the subdivision may be staged, providing no stage comprises<br />

less than 10 lots. The developer is to seek further approval from<br />

<strong>Council</strong> if the final stage of subdivisional works as approved is not<br />

substantially commenced within a period of 6 years from the date of<br />

this permit.<br />

CR BRAMICH CR DUNIAM CR FRIEDERSDORFF CR MOORE CR PENDLEBURY<br />

CR RANSLEY CR WALSH MAYOR HYLAND<br />

AGAINST<br />

CR FAIRBROTHER<br />

CARRIED<br />

Enclosures:- refer to Enclosure Document Page 5<br />

- Development Application and supporting documentation<br />

- Location Plan<br />

- Certificate of Title<br />

- Development Plans<br />

- Representations (x11)<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 39


Planning Authority Reports<br />

4/08 SUBDIVISION - 31 LOT SUBDIVISION - RESIDENTIAL ZONE – 127<br />

INGLIS STREET, WYNYARD<br />

To:<br />

Planning Authority<br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Director Development Services<br />

File Reference: SD 1794<br />

<strong>Council</strong> Meeting Date: <strong>21</strong> <strong>January</strong> <strong>2008</strong><br />

1. Recommendation<br />

That the Planning Authority grant approval for a 31 lot residential<br />

subdivision in the Residential Zone at 127 Inglis Street, <strong>Wynyard</strong>,<br />

subject to the following conditions: -<br />

1. Prior to the commencement of the development hereby<br />

permitted, the applicant is to submit to the Director<br />

Development Services two copies of plans drawn to scale<br />

generally in accordance with the plans but amended to show:<br />

i The northern access to Lot 11 is to be realigned so that<br />

the intersection with the east-west subdivisional road is<br />

at an angle of not less than 70 degrees.<br />

ii The southern access to Lot 11 is to be constructed in the<br />

form of a driveway with a kerb crossover.<br />

iii A building envelope to be located on Lot 11, delineating<br />

the portion of the land that is developable (not impacted<br />

upon by springs or seepage).<br />

iv A drainage easement at the low point of Lot 10 to<br />

enable runoff discharge through and across the springs<br />

area.<br />

2. A Final Plan is to be submitted to the <strong>Waratah</strong>-<strong>Wynyard</strong><br />

<strong>Council</strong> for sealing. The plan is to be drawn to scale and<br />

prepared in accordance with the requirements of the Recorder<br />

of Titles and is to form part of this permit when sealed. The<br />

Final Plan is to be substantially the same as the endorsed plan.<br />

3. All conditions of the permit are to be completed prior to the<br />

sealing of the Final Plan.<br />

4. All costs associated with the proposed development are to be<br />

met by the Developer.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 40


Planning Authority Reports<br />

5. All work carried out in the construction of the civil works<br />

associated with the development are to comply with the<br />

requirements of <strong>Council</strong>’s policy – Standard requirements for<br />

the construction of new infrastructure assets and the<br />

replacement of existing infrastructure assets.<br />

6. The construction works are to be carried out in accordance<br />

with plans, specifications, calculations and computations<br />

approved by the Director Engineering Services and prepared<br />

by, or certified by, a Chartered Professional Engineer. The<br />

works are to be supervised by the Engineer who is to certify, by<br />

issue of a certificate, that the works have been substantially<br />

completed in accordance with the approved plans and<br />

specifications and submit ‘Work as Executed’ drawings of the<br />

completed works in both paper and electronic format.<br />

7. No damage is to be caused to the road, footpath or other<br />

facility.<br />

8. No material is to be deposited onto the road.<br />

9. No materials, machinery or operational construction is to be<br />

located on the road, footpath, and nature strip or road<br />

reservation.<br />

10. Necessary easements for powerlines, sewerage, water,<br />

drainage, access and the like are to be depicted in the final<br />

survey plan lodged for sealing.<br />

11. A six (6) month maintenance period is to apply to all works<br />

within the development for which <strong>Council</strong> will assume future<br />

responsibility. A maintenance bond of 5% of the cost of the<br />

civil works is to be lodged with <strong>Council</strong> prior to the sealing of<br />

the Final Survey Plan. Commencement of the maintenance<br />

period is to be at the sealing of the Final Survey Plan.<br />

12. During the construction phase, all works are to be carried out<br />

between the following hours:<br />

Monday to Friday – 7:00 a.m. to 6:00 p.m. inclusive<br />

Saturday – 8:00 a.m. to 6:00 p.m. inclusive<br />

Sundays and Public Holidays – 10:00 a.m. to 6:00 p.m.<br />

inclusive<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 41


Planning Authority Reports<br />

13. A new kerb crossover to each lot is to be constructed in<br />

accordance with Municipal Standard Drawing No SD1003<br />

Urban Roads – Standard Vehicle Crossing to the satisfaction of<br />

the Director Engineering Services.<br />

14. A reinforced concrete driveway between the kerb crossover and<br />

the property boundary of each lot is to be constructed in<br />

accordance with Municipal Standard Drawing SD1003 Urban<br />

Roads – Standard Vehicle Crossing.<br />

15 A reticulated stormwater drainage system is to be provided<br />

with individual lot connections, road drainage and method of<br />

discharge in accordance with the requirements of the Director<br />

Engineering Services. The return interval for the reticulation<br />

network is 1 in 5 year ARI.<br />

16. An environmental management plan is to be prepared and<br />

submitted for the approval of the Director Engineering<br />

Services, prior to disturbance or construction, outlining<br />

proposed practices in relation to:<br />

i Temporary run-off and erosion controls are to be<br />

installed before the development commences. Controls<br />

are to include, but are not limited to:<br />

• Minimise site disturbance and vegetation<br />

removal;<br />

• Diversion of up-slope run-off around cleared<br />

and/or disturbed areas, areas to be cleared<br />

and/or disturbed or filling provided that such<br />

diverted water will not cause erosion and is<br />

directed to a legal discharge point;<br />

• Installation of sediment retention traps (e.g.<br />

sediment fences, etc.) at the down slope perimeter<br />

of the disturbed area or stockpile to prevent<br />

unwanted sediment and other debris escaping<br />

from the land;<br />

• Rehabilitation of all disturbed areas as soon as<br />

possible.<br />

ii Weed management.<br />

iii Storage facilities for fuels, oils, greases, chemicals and<br />

the like.<br />

iv Litter management.<br />

17. The provision of an 18 metre wide road reservation, with lot<br />

boundaries splayed where necessary and shown as Road on the<br />

final survey plan lodged for sealing.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 42


Planning Authority Reports<br />

18. The provision of an 18 metre wide road reservation, suitably<br />

widened to 25 metres to accommodate a vehicular turning<br />

area, with lot boundaries splayed where necessary and shown<br />

as road on the final plan lodged for sealing. Alternative<br />

termination treatments will be considered.<br />

19. The construction of an asphalt sealed, compacted crushed rock<br />

pavement, designed in accordance with Austroads pavement<br />

design guidelines, with a minimum pavement thickness of 250<br />

mm plus a 30 mm asphalt seal, incorporating concrete kerb and<br />

channelling and footpaths, all to the satisfaction of the Director<br />

Engineering Services and in accordance with Standard<br />

Drawing SD1001.<br />

20. Pavement widths of the internal road to be provided are: 8.0<br />

metres measured lip of kerb to lip of kerb and 6.0 metres<br />

surface measured lip of kerb to lip of kerb for the courts.<br />

<strong>21</strong>. The road intersections, both internally, and with the <strong>Council</strong><br />

road network, are to be assessed in regard to the various<br />

requirements of the Austroads publication “Guide to traffic<br />

engineering practice – part 5 Intersections at grade.<br />

Deficiencies and traffic management issues identified are to be<br />

addressed as part of the road design process.<br />

22. York Street is to be constructed and sealed from the north<br />

western interface with the sealed section of York Street to a<br />

point 10 metres past the entry road in to the subdivision. The<br />

road pavement is to be designed in accordance with the<br />

Austroads pavement design guidelines and shall have an<br />

asphalt surface of not less than 30mm compacted depth of<br />

asphalt. The width of the road shall be 8.0 metres measured lip<br />

of kerb to lip of kerb. Kerb and channelling is to be<br />

constructed along the western side of York Street, from the<br />

internal access road to the northern boundary.<br />

23. Hill Street is to be constructed and sealed from the internal<br />

access road to Inglis Street. The road pavement is to be<br />

designed in accordance with the Austroads pavement design<br />

guidelines and shall have an asphalt surface of not less than<br />

30mm compacted depth of asphalt. The width of the road shall<br />

be 8.0 metres measured lip of kerb to lip of kerb. Kerb and<br />

channelling is to be constructed along the northern side of Hill<br />

Street, from the internal access road to the eastern boundary<br />

with Inglis Street.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 43


Planning Authority Reports<br />

24. The intersection of Hill and Inglis Streets is to have traffic<br />

channelisation which prevents a right-hand turn from Hill<br />

Street into Inglis Street. The intersection treatment is at the<br />

cost of the developer and is to be carried out to the satisfaction<br />

of the Director Engineering Services.<br />

25. The developer is to supply and install street and traffic control<br />

signage required for the development. The signage is to<br />

comply with the requirements of the suite of AS 1742 standards.<br />

26. Footpaths are to be constructed in accordance with <strong>Council</strong>’s<br />

Standard Drawing SD1006 and located as per the endorsed<br />

plan for the internal road network.<br />

27. The provision of a reticulated water supply to the development<br />

with individual lot connections and fire plugs in accordance<br />

with <strong>Council</strong>’s specifications (min. pipe size 100mm) and the<br />

requirements of the Tasmanian Fire Service. The developer is<br />

to supply and install water meters to all allotments. Water<br />

meter type is to be approved by the Director Engineering<br />

Services.<br />

28. Water meters are to be located so as to afford unobstructed<br />

access to service personnel.<br />

29. The provision of a reticulated sewerage system to the<br />

development with individual lot connections and method of<br />

disposal in accordance with the requirements of the Director<br />

Engineering Services. The system to be designed by a<br />

Chartered Professional Engineer.<br />

30. Street lighting is to be provided in accordance with the<br />

requirements of Aurora Energy Pty Ltd and the Director<br />

Engineering Services. The street lighting is to be designed to<br />

minimise off site glare and reflected light. The use of nonstandard<br />

lighting poles is not permitted within the development.<br />

31. Underground power is to be provided to the development in<br />

accordance with the requirements of Aurora Energy Pty Ltd<br />

and <strong>Council</strong>’s standard drawings and specifications.<br />

32. Telecommunications infrastructure is to be provided to the<br />

development in accordance with the requirements of Telstra<br />

and <strong>Council</strong>’s standard drawings and specifications.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 44


Planning Authority Reports<br />

33. A plan of management is to be prepared and submitted for the<br />

approval of the Director Engineering Services, prior to<br />

disturbance or construction, outlining information and<br />

proposed construction practices in relation to:<br />

i Contact details for principal, consultants and<br />

contractors, including after hours numbers.<br />

ii Traffic management plan, including road works<br />

signage.<br />

iii Proposed hours of work (including volume and timing<br />

of heavy vehicles entering and leaving the site, and<br />

works undertaken on site).<br />

iv Identification of potentially noisy construction phases,<br />

such as operation of rock-breakers, explosives or pile<br />

drivers, and proposed means to minimise impact on the<br />

amenity of neighbouring buildings.<br />

v<br />

vi<br />

Site facilities to be provided.<br />

Procedures for washing down vehicles, to prevent soil<br />

and debris being carried onto the street.<br />

34. The developer is to submit to <strong>Council</strong> for consideration a<br />

proposed name for the subdivisional street prior to the sealing<br />

of the Plan.<br />

35. The developer is to pay a public open space contribution<br />

equivalent to five percent (5%) of the value of the undeveloped<br />

new lots comprised in the plan. This condition is invoked under<br />

the provisions of Section 117 of the Local Government<br />

(Building & Miscellaneous Provisions) Act 1993. Contribution<br />

payment is to be made prior to sealing of the Final Survey<br />

Plan.<br />

36. The developer is to seek a private land valuation of the<br />

undeveloped new lots as identified on the endorsed plan. A<br />

copy of the valuation is to be submitted to <strong>Council</strong> prior to, or<br />

upon payment of, the public open space contribution (see<br />

Condition 35).<br />

37. A landscaping and planting plan for the street network and the<br />

wetland area in Lot 11 is to be prepared and lodged with<br />

<strong>Council</strong> for approval prior to the site works commencing. The<br />

plan will form part of the endorsed plans. The plan must not<br />

include any species declared weeds under the Weed<br />

Management Act 1999.<br />

38. Works outlined in the landscaping and planting plan must be<br />

carried out to the satisfaction of <strong>Council</strong>’s Director<br />

Development Services prior to the Sealing of the Final Plans.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 45


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39. The developer may lodge a bond or bank guarantee to cover all<br />

outstanding or uncompleted works. The bond is to be<br />

determined by Director Engineering Services based upon the<br />

submission of two valuations for all outstanding works (plus<br />

20% of the higher amount).<br />

40. The bond is to be held for a maximum period of twelve months<br />

after the sealing of the Final Survey Plan by <strong>Council</strong>. Any<br />

outstanding or substandard works not completed by the<br />

developer within this time are to be completed by <strong>Council</strong> and<br />

the cost deducted from the bond and the balance of the bond, if<br />

any, is to be refunded to the developer.<br />

41. The subdivision is to be substantially commenced within the<br />

timeframes of the Land Use Planning and Approvals Act 1993,<br />

however, the subdivision may be staged, providing no stage<br />

comprises less than 20 lots. The developer is to seek further<br />

approval from <strong>Council</strong> if the final stage of subdivisional works<br />

as approved is not substantially commenced within a period of<br />

6 years from the date of this permit.<br />

2. Summary<br />

An application has been made by Town and Country Planning Pty Ltd, on<br />

behalf of the Portico Global Holdings, for a residential subdivision on land<br />

located on the south-eastern side of the unmade portion of York Street towards<br />

the north-western end of the township. The site is surrounded by existing<br />

residential development to the east and is currently zoned Residential under<br />

the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000 (The Planning Scheme). The<br />

title has an area of 3.706 hectares and it is proposed to subdivide the land into<br />

30 residential allotments and balance, ranging in size from 500m 2 to 3650m 2 .<br />

Access to the lots will either be via an extension to Hill Street or York Street.<br />

The proposal before <strong>Council</strong> is a discretionary application and is assessed<br />

against the provisions of the Planning Scheme, in particular Part 6 with respect<br />

to subdivision in the Residential Zone.<br />

3. Background<br />

This report assesses the proposal against the Planning Scheme, and takes into<br />

account representations received during the public notification period.<br />

The subject property is located towards the western side of the township of<br />

<strong>Wynyard</strong>. The site is currently zoned Residential under the Planning Scheme<br />

and is surrounded by land located within the Residential Zone.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 46


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4. Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

* Land Use Planning and Approvals Act 1993<br />

* <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000<br />

5. Finances<br />

Financial costs may arise in relation to any appeal against the determination of<br />

the application by the Planning Authority.<br />

6. Discussion<br />

Application<br />

An application has been made on behalf of Portico Global Holdings for a<br />

residential subdivision on land accessed via Hill and York Streets. As per the<br />

applicant’s description, the features of the subdivision are as follows:<br />

‘30 lots and Balance ranging in size from 500m 2 (lot 23) to greater than<br />

6500m 2 (lot 11). The majority of the lots are in the 500-650m 2 range with lots<br />

1, 7 and 11 sufficient size to enable more intensive development for multi-unit<br />

housing. The existing house will remain on the balance lot (755m 2 ).<br />

The proposal before the Planning Authority is a discretionary application and<br />

is assessed against the provisions of the Planning Scheme in particular Part 6<br />

in respect of subdivision in the Residential zone. Access is proposed to be via<br />

Inglis Street with a left in and left out turning movement off Hill Street. A full<br />

junction with York Street (unmade section) is proposed.’<br />

Proposed lot 11 will contain a portion of land that cannot be developed, being<br />

the low-lying wetland area. It is intended that this section of the lot will be<br />

dedicated as common property as part of a future multi-unit development on<br />

that lot.<br />

A geotechnical assessment of the proposed subdivision has been undertaken<br />

by SFM. The purpose of the assessment was to ascertain the site conditions<br />

and whether the subdivision could be undertaken and developed for residential<br />

purposes without significant environmental harm. The assessment found that<br />

the site is characterised by three different soil types. The north-western corner<br />

of the site is characterised by a flat area with sandy soils with hard pans and a<br />

low-lying area in the south-eastern corner is characterised by waterlogged<br />

soils. The balance of the site is characterised by deep sandy soils on alluvial<br />

deposits.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 47


Planning Authority Reports<br />

The assessment found that the risk of deep-seated instability is ‘very low’, the<br />

potential for flooding or rock-fall hazard is ‘not credible’ and the potential for<br />

landslip is ‘very low’. The potential for foundation slip is ‘low’, however it is<br />

recommended that attention is paid to suitable drainage and surrounding<br />

footings and drainage to avoid water accumulation in the foundation areas.<br />

The risk of site instability and erosion from vegetation removal is low and<br />

acceptable without formal controls. In summary, the geotechnical risk<br />

associated with residential development is classified as very low. A number of<br />

recommendations were made and these will, where possible, be recommended<br />

to be included as permit conditions.<br />

The report supporting the application recommends that a condition of approval<br />

require a Part 5 Agreement stating that each lot should be provided with an onsite<br />

tank for roof runoff capture of a minimum volume of 5000m 2 to be<br />

incorporated in any house design. Whilst <strong>Council</strong> encourages on-site water<br />

tanks for provision of non-potable water, there is no mechanism in the<br />

Planning Scheme to require it. It is suggested that the developer include the<br />

requirement as a covenant on each of the titles.<br />

Advertising<br />

The proposal was advertised for a period of 14 days in accordance with the<br />

provisions of the Land Use Planning and Approvals Act, 1993. During this<br />

time <strong>Council</strong> received two (2) representations:<br />

• Michael Freeman, 143 Inglis St, <strong>Wynyard</strong><br />

• Chris and Bev Banks, 145 Inglis St, <strong>Wynyard</strong><br />

Michael Freeman<br />

Issue Raised:<br />

The representor bought land at the rear of his lot that was previously part of<br />

the subject site when a previous subdivision design was proposed. As part of<br />

the previous design, the representor would have had street access to the rear<br />

of his lot. Concerned that the new subdivision design does not provide street<br />

access to the rear of the representor’s lot.<br />

Planning Comment:<br />

It appears that the representor purchased the parcel of land at the rear of his lot<br />

on the basis of a previous, approved subdivision design. The previous<br />

subdivision design was such that a road connection could be provided to the<br />

rear of both the representor’s and neighbours lots. There was never any<br />

guarantee that the proponents of the previous subdivision would proceed with<br />

it and the representor speculated on the purchase. The current design is<br />

considered to provide appropriate road connections and there is no<br />

requirement for the developer to provide a connection to the rear of number<br />

143 and 145 Inglis Street. If this subdivision is approved, there is still no<br />

guarantee that it will proceed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 48


Planning Authority Reports<br />

Chris and Bev Banks<br />

Issue Raised:<br />

The representors bought land at the rear of their lot that was previously part<br />

of the subject site when a previous subdivision design was proposed. As part<br />

of the previous design, the representors would have had street access to the<br />

rear of their lot. Concerned that the new subdivision design does not provide<br />

street access to the rear of the representor’s lot. Representors made the<br />

purchase of the rear land on the advice of <strong>Council</strong> staff.<br />

Representors provides the following solution to the issue:<br />

- Proposed Lot 1 be limited in size by extending the proposed road reserve to<br />

the boundary of their property where the driveway access point is located.<br />

Planning Comment:<br />

It appears that the representors purchased the parcel of land at the rear of their<br />

lot on the basis of a previous, approved subdivision design. The previous<br />

subdivision design was such that a road connection could be provided to the<br />

rear of both the representor’s and neighbours lots. There was never any<br />

guarantee that the proponents of the previous subdivision would proceed with<br />

it and the representors speculated on the purchase. The current design is<br />

considered to provide appropriate road connections and there is no<br />

requirement for the developer to provide a connection to the rear of number<br />

143 and 145 Inglis Street. If this subdivision is approved, there is still no<br />

guarantee that it will proceed.<br />

With respect to the recommended design change, <strong>Council</strong> must consider that<br />

application as submitted. There are not sufficient, valid grounds to warrant a<br />

condition requiring the design to be altered.<br />

Chris and Bev Banks<br />

Issue Raised:<br />

With the exception of the issue raised above, the representor supports the<br />

subdivision but would like to see more environmentally friendly features<br />

incorporated.<br />

Planning Comment:<br />

It is noted that the representors support the subdivision. The subdivision is<br />

assessed on the merits in accordance with the Planning Scheme requirements.<br />

Future developments may incorporate environmentally friendly features<br />

however, the Planning Scheme standards do not mandate the inclusion of such<br />

features.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 49


Planning Authority Reports<br />

Application Assessment<br />

The site is zoned Residential under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000 and the proposal is for a residential subdivision. The proposed<br />

development required a Section 57 planning application under the Land Use<br />

Planning and Approvals Act 1993 (LUPAA). Section 57(1) (b) of LUPAA<br />

allows <strong>Council</strong> to relax or waive the provisions of its Planning Scheme under a<br />

discretionary status.<br />

The <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000 has specific requirements for<br />

the development of subdivisions in the Residential Zone as stipulated in Part 6<br />

- Residential Zone provisions and in Part 11 – Residential Development<br />

Schedule.<br />

The Scheme articulates the following in relation to the Residential Zone:<br />

6.0 Residential Zone<br />

6.1 Values of the zone<br />

6.1.1 This zone incorporates predominantly residential and<br />

associated use or development of the following areas:<br />

<strong>Wynyard</strong> and Somerset, the hinterland settlements of Yolla and<br />

<strong>Waratah</strong> and the coastal holiday settlements of Boat Harbour<br />

Beach and Sisters Beach. The zone also includes land suitable<br />

for residential and associated use or development.<br />

6.1.2 The values associated with those areas zoned residential are<br />

specified in Part 2 of the planning scheme.<br />

6.2 Intent of the zone<br />

(a)<br />

(b)<br />

To protect and enhance residential amenity; and<br />

To allow for compatible uses that do not adversely impact upon<br />

residential amenity.<br />

The development of a residential subdivision is consistent with the values of<br />

the Residential Zone. Indeed, infill development is to be encouraged within<br />

the municipal area. Part 2.3.1 (a) of the Planning Scheme Strategies, states<br />

‘new urban development should be confined to the towns of <strong>Wynyard</strong> and<br />

Somerset, the hinterland townships of Yolla and <strong>Waratah</strong> and coastal<br />

settlements of Boat Harbour Beach and Sisters Beach’.<br />

The application is assessed as follows against Scheme criteria specific to the<br />

application:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 50


Planning Authority Reports<br />

Relevant Standards for use or development in the Residential Zone<br />

6.4.1 Issue 1.0: - Effluent and stormwater disposal<br />

Objective: To ensure that effluent and stormwater discharge from new<br />

development does not have an adverse effect on water quality.<br />

Acceptable Solution<br />

Performance Criteria<br />

Serviced Areas<br />

1.1 Effluent is to be disposed of by a<br />

connection to reticulated<br />

sewerage, sewage treatment and<br />

stormwater systems.<br />

1.3 The cost of the chosen system or<br />

connection to existing<br />

infrastructure is to be at the<br />

developers expense.<br />

Serviced Areas<br />

1.1 No performance criteria<br />

1.3 No performance criteria<br />

A condition of permit will require the Developer to connect each lot to the<br />

reticulated sewerage and stormwater systems and will also be obliged to meet<br />

all costs associated with the necessary connections. The development plans<br />

lodged with the application demonstrates that the site can be serviced.<br />

The proposal meets the Acceptable Solutions.<br />

6.4.1 Issue 3.0:- Subdivision<br />

Objective: To ensure that land is subdivided in a manner:<br />

a) which is appropriate to the intended use or development;<br />

b) that provides appropriate infrastructure;<br />

c) that meets relevant Scheme standards;<br />

d) that provides a range and mix of lot sizes to suit a variety of dwelling<br />

and household types, with areas and dimensions that meet user<br />

requirements;<br />

e) that protects residential amenity; and<br />

f) that allows application of energy conservation principles.<br />

The proposed subdivision meets the Objectives of subdivision in the<br />

Residential Zone.<br />

Acceptable Solution<br />

3.1 Lot layout shall comply with<br />

the acceptable solutions as set<br />

out in clauses 1.1, 1.2, 1,3 and<br />

1.4 of Table 11.1 (Part 11) –<br />

Residential Development<br />

Schedule.<br />

Performance Criteria<br />

3.1 Lot layout shall comply with the<br />

performance criteria as set out in<br />

clauses 1.1, 1.2, 1,3 and 1.4 of<br />

Table 11.1 (Part 11) –<br />

Residential Development<br />

Schedule.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 51


Planning Authority Reports<br />

The proposed lot layout accords with the Acceptable Solutions of the<br />

Residential Development Schedule.<br />

Acceptable Solution<br />

3.2 Land to be subdivided must be<br />

capable of having all sewage<br />

effluent and stormwater runoff<br />

discharged to a reticulated<br />

disposal system.<br />

Performance Criteria<br />

3.2 It is demonstrated that sewage<br />

effluent and stormwater can be<br />

disposed of within the boundaries<br />

of the site and not result in<br />

adverse impacts on the<br />

environment.<br />

The proposal meets the Acceptable Solution.<br />

Acceptable Solution<br />

3.4 Lot layout, road layout and<br />

construction shall provide,<br />

supplement or enhance<br />

appropriate facilities and safe<br />

and convenient connections for<br />

public transport (where<br />

appropriate), and for pedestrians<br />

and cyclists (such as bus stops,<br />

footpaths, cycle ways, lighting,<br />

seating, shelters).<br />

Performance Criteria<br />

3.4 No performance criteria.<br />

As the subject lot is effectively an internal lot, there is the need for extension<br />

to existing roads to facilitate access. Both Hill and York Streets will be<br />

required to be extended (at the developer’s cost) to facilitate access into the<br />

site. The road layout within the site is not ideal but it is recognised that it is a<br />

difficult site to design for.<br />

The Traffic Impact Assessment (TIA) lodged with the application has<br />

recognised that the Inglis Street/Hill Street intersection is deficient in terms of<br />

the sight distance to the left (or south). For a speed environment of 60km/hr,<br />

the required sight distance is 113 metres. The available sight distance has<br />

been measured at approximately 78 metres. The application, as submitted,<br />

suggests that the intersection be treated so as to prevent both right turn<br />

movements. The TIA suggests this may be unnecessary and will create<br />

substantial increases in journey distances for traffic travelling from <strong>Wynyard</strong><br />

to the subdivision. <strong>Council</strong>’s Director Engineering Services agrees that<br />

preventing both right turn movements is unnecessary and that a treatment at<br />

the intersection that prevents the right hand turn out of Hill Street will<br />

adequately address the safety issue. The permit is to be conditioned to reflect<br />

this intersection treatment.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 52


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The other traffic safety concern raised in the TIA was that of the Inglis<br />

Street/York Street intersection and the number of accidents that have occurred<br />

at it. From a traffic engineering perspective, this intersection is of sufficient<br />

standard. <strong>Council</strong> has submitted a Blackspot application for funding to install<br />

a roundabout.<br />

The TIA found that the internal road layout is acceptable and that the traffic<br />

generated by the subdivision would not have a detrimental impact on the<br />

surrounding area, from either a safety or capacity perspective. <strong>Council</strong>’s<br />

Director Engineering Services agrees with the findings of the TIA.<br />

One issue that was raised by the TIA is that of the intersection treatments for<br />

the road to transect Lot 11. The northern end of the road needs to be<br />

constructed as a T-intersection at an angle of not less than 70 degrees. At the<br />

southern end, the final design needs to be such as not to create a four leg<br />

intersection. The local access road (eastern leg) can be constructed in the form<br />

of a driveway with a gutter crossover or, alternatively, the intersection may be<br />

designed as staggered intersection. Both of these changes will be required as<br />

amended plans and enforced as a condition of permit.<br />

The proposal meets the Acceptable Solution.<br />

Lot Size<br />

Acceptable Solution<br />

3.5 Lots shall have minimum area of<br />

450m 2 and must be capable of<br />

containing a rectangle measuring<br />

10m by 15m and having a slope of<br />

1:10 or less. Lot area excludes<br />

strips of land used for frontage to<br />

internal lots.<br />

Performance Criteria<br />

3.5 Lots must have area and<br />

dimensions suitable for the siting<br />

and construction of a dwelling<br />

and ancillary outbuildings, the<br />

provision of private outdoor<br />

space, convenient vehicle access<br />

and parking. Lot layout is to take<br />

into account the slope of the land<br />

and the desirability of minimizing<br />

earthworks/retaining walls and<br />

cut and fill associated with<br />

dwelling construction. A building<br />

envelope must be incorporated<br />

into the proposal plan.<br />

The minimum lot size to be created will be 500m 2 , therefore, compliance with<br />

the minimum lot size is achieved. Each lot is capable of containing a rectangle<br />

measuring 10m by 15m and the steeper portion of the site in the south-eastern<br />

corner will not be developed. The proposed design provides for a good mix of<br />

lot sizes and clearly identifies larger lots for multi-unit development at the<br />

outset.<br />

The proposal meets the Acceptable Solution.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 53


Planning Authority Reports<br />

Acceptable Solution<br />

3.6 Lots shall have a minimum<br />

frontage of:<br />

Performance Criteria<br />

3.6 No performance criteria.<br />

(a) 3.6 metres if less than<br />

1200m 2 ;<br />

(b) 6 metres if between 1200m 2<br />

and 3000m 2 ; or<br />

(c) a width necessary to<br />

accommodate a street<br />

reservation required for any<br />

re-subdivision of the lot if<br />

more than 3000m 2 .<br />

All lots have a minimum road frontage of 3.6 metres. Lot 11, which has an<br />

area in excess of 3000m2, is capable of containing a street reservation and the<br />

submitted design shows a road butt halting at the site. <strong>Council</strong>’s Director<br />

Engineering Services would prefer that this was not a fully constructed road at<br />

this point but left as a driveway access crossover. Future upgrading can occur<br />

if necessary.<br />

Orientation and Energy<br />

3.7 A minimum of 70% of all lots are<br />

to be orientated to facilitate the<br />

siting of houses to take advantage<br />

of solar access by ensuring that<br />

houses can be built on the lot(s)<br />

in which the living room will<br />

receive not less than 4 hours of<br />

sunshine between 9am and 3pm<br />

on June <strong>21</strong>.<br />

3.8 Any new lot in an established<br />

residential area is to have no<br />

more than one third of its area<br />

covered by the shadow of existing<br />

development on June <strong>21</strong> between<br />

the hours of 10:00 am to 2:00 pm.<br />

3.7 Lots are to be orientated to<br />

facilitate the siting of dwellings to<br />

take advantage of microclimatic<br />

benefits, and have dimensions to<br />

allow adequate on site solar<br />

access, taking into account likely<br />

dwelling size and the relationship<br />

of each lot to the street.<br />

3.8 The dimensions of any lot are to<br />

allow solar access on site to be<br />

maximized, taking into account<br />

the likely house size and the<br />

relationship of each lot to existing<br />

buildings or adjoining land.<br />

The proposal meets the Acceptable Solutions.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 54


Planning Authority Reports<br />

6.4.1 Issue 6.0: - Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to new<br />

development is not borne by the community.<br />

Acceptable Solution<br />

6.1 Where a use or development<br />

requires the provision of<br />

infrastructure or will exceed the<br />

design capacity of existing public<br />

infrastructure, the cost of the<br />

infrastructure is to be paid for by<br />

the person undertaking the use or<br />

development.<br />

Performance Criteria<br />

6.1 Where a use or development<br />

requires the provision of<br />

infrastructure or will exceed the<br />

design capacity of existing public<br />

infrastructure, the applicant shall<br />

demonstrate that an agreement<br />

has been entered into with<br />

relevant body to pay for such<br />

infrastructure as part of the<br />

approval.<br />

A condition of permit will ensure that the developer will meet all costs created<br />

by the extension of the infrastructure, including the Hill and York Street<br />

extensions.<br />

The application meets the Acceptable Solution.<br />

Relevant Schedules<br />

12.0 Siting and Development Schedule<br />

The intent of this schedule is to:<br />

(a) protect aspects of visual and environmental significance of the<br />

planning area; and<br />

(b) prevent use or development occurring in locations where there is risk<br />

of future property damage or lives are placed at risk.<br />

Table 12.1 Issue 1.0:- Environmental and Visual Impact<br />

Objective: To protect the environmental and visual qualities of rural and<br />

coastal landscapes in the Primary Industries, Environmental Management and<br />

Residential Zones through ensuring that buildings, structures and other works<br />

are located and constructed so as to minimize their impacts.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 55


Planning Authority Reports<br />

Acceptable Solution<br />

Slopes<br />

1.1 Building, private roads and<br />

associated works are to be on<br />

slopes of less than 6 degrees<br />

(1:10)<br />

Performance Criteria<br />

Slopes<br />

1.1 Building, private roads and<br />

associated works may occur on<br />

slopes >1:10 provided it can be<br />

demonstrated that:<br />

(a) stormwater is managed to<br />

ensure maximum on site<br />

absorption and retention.<br />

Water movement downslope<br />

from the building or<br />

structure shall not be greater<br />

than existing before<br />

development. Roads shall<br />

follow contours and manage<br />

runoff to prevent erosion;<br />

(b) buildings shall utilise<br />

techniques which minimise<br />

the need for excavation or<br />

fill for foundations and<br />

associated hardstand areas;<br />

(c) the footprint of buildings or<br />

structures shall be minimized<br />

and the building mass<br />

stepped down the slope; and<br />

(d) septic absorption efficiency is<br />

not reduced.<br />

The majority of the lots are on a slope of less than 6 degrees. The land in the<br />

south-eastern corner of the lot slopes towards a low point (wetland area). The<br />

slope of the land is 1:4 and impacts on part of Lot 11, and to a lesser degree,<br />

Lots 12 and 13. The only works that will occur within this steeper land as part<br />

of the subdivision works will be the internal road for Lot 11. It is understood<br />

that the full extent of this road will not be constructed until approval is granted<br />

for future multi-unit development. The lots each contain areas of land which<br />

are suitable for construction of dwellings. All lots can be connected to full<br />

reticulated services and appropriately drained.<br />

The proposal meets the Performance Criteria.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 56


Planning Authority Reports<br />

Acceptable Solution<br />

Soils<br />

1.2 Buildings are to be located on<br />

loams or clay/loams of sufficient<br />

depth to accommodate building<br />

footings and septic absorption.<br />

Performance Criteria<br />

Soils<br />

1.2 Sandy or clay soils or rocky<br />

surfaces may be used for<br />

buildings provided it can be<br />

demonstrated that wind or water<br />

erosion will not be caused or<br />

septic absorption efficiency<br />

reduced.<br />

The proposal meets the Acceptable Solution.<br />

Acceptable Solution<br />

Hydrology<br />

1.3 All buildings and works are to be<br />

located a minimum of 30 metres<br />

away from the outer boundaries<br />

of drainage swales, recharge<br />

basins, areas with high water<br />

tables, water courses and flood<br />

plains.<br />

Performance Criteria<br />

Hydrology<br />

1.3 Any buildings or works located on<br />

or near drainage swales,<br />

recharge basins, high water<br />

tables, water courses or flood<br />

plains shall be designed and<br />

constructed in a manner that will<br />

not affect the natural flow<br />

regimes or water qualities of any<br />

of these features.<br />

The Hill Street road reservation runs along a creek bed. As such, the proposed<br />

subdivision will be within 30 metres of a watercourse. The portion of Hill<br />

Street that has to be constructed is not located within the creek bed, and,<br />

therefore, is appropriate. Essentially, only Lot 11 and part of Lot 14 will be<br />

within 30 metres of a watercourse. Lot 11 is of sufficient size to provide<br />

appropriate buffers to the watercourse, particularly as the majority of the lot is<br />

undevelopable land and is proposed to be incorporated as a<br />

wetland/reservation area as common property as part of a future multi-unit<br />

development. The proposed subdivision will not affect the natural flow of any<br />

water courses.<br />

The proposal meets the Performance Criteria.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 57


Planning Authority Reports<br />

14.0 Road Asset Schedule<br />

The intent of this schedule is to:<br />

(a) Ensure that use or development of any land outside a road does not<br />

adversely affect the efficiency and safety of that part of the Tasmanian<br />

road system as lies within <strong>Council</strong>’s municipal area.<br />

(b) ensure that use or development on roads does not unreasonably<br />

impede improvements to the efficiency and safety of the road system;<br />

and<br />

(c) assist in the planning, construction, maintenance and management of<br />

roads, in a manner that achieves the objectives set out in Schedule 1 of<br />

the Act.<br />

Table 14.2.1 Issue 3.0:- Deficient Junctions<br />

Objective: To ensure that there is no further decline in the safety of a deficient<br />

road junction.<br />

Acceptable Solution<br />

3.1 Where a TIA demonstrates that a<br />

use or development serviced by a<br />

side road from a deficient<br />

junction will not create a material<br />

change in the Annual Average<br />

Daily Traffic (AADT) on the side<br />

of the road at the deficient<br />

junction.<br />

Performance Criteria<br />

3.1 A TIA demonstrates that the<br />

above Objective will be achieved,<br />

provided that where it is required<br />

that any roadworks be undertaken<br />

by, or at the cost of, the applicant,<br />

these roadworks will be<br />

completed prior to any other part<br />

of the permit becoming active.<br />

As the proposed subdivision will generate some 270 daily additional vehicles<br />

movements to and from Hill Street, a TIA was required to be prepared in<br />

accordance with Clause 14.4 of the Planning Scheme. The TIA determined<br />

that the Hill Street/ Inglis Street intersection is a deficient junction. The TIA<br />

determined that banning the right hand turn out of Hill Street will address the<br />

issue and ensure that appropriate safety standards are met.<br />

Complies with the Performance Criteria.<br />

18.0 Bushfire Prone Areas Schedule<br />

The intent of this schedule is to:<br />

(a) Reduce bushfire risks for habitable buildings.<br />

Table 18.1 Issue 1.0:- Subdivision and Layout Design<br />

Objective: The design, siting and layout of rural, urban and industrial<br />

subdivisions should be such as to minimise the level of fire risk and the<br />

potential loss of life.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 58


Planning Authority Reports<br />

Acceptable Solution<br />

1.1 Subdivisions are to be designed to<br />

enable a building protection zone<br />

(BPZ) to be separated from a fire<br />

hazard by a fuel modified buffer<br />

zone (FMBZ) in accordance with<br />

Figure 18.2 (see also Fig. 18.1).<br />

1.2 The FMBZ is to be within the<br />

boundaries of the proposed lot.<br />

1.3 Subdivisions are to be designed to<br />

allow for the setback of buildings<br />

within a building envelope so that<br />

a BPZ of the widths set out in<br />

Figure 18.3 can be maintained.<br />

Performance Criteria<br />

1.1 No performance criteria<br />

1.2 No performance criteria<br />

1.2 No performance criteria<br />

There is little remnant vegetation on the site and, whilst there are some small<br />

pockets of vegetation adjacent to the site to the east and south, the design of<br />

the lots is such that the requirements for a FMBZ and BPZ is readily<br />

incorporated.<br />

A full assessment against the bushfire prone areas schedule has not been<br />

provided as it is considered that, once the site has been cleared for the<br />

subdivision, there will be no bushfire hazard. The site will be connected to<br />

town water supply and will have several access points.<br />

7. Risk<br />

There is a risk that the applicants or representors may appeal the determination<br />

of the Planning Authority to the Resource Management and Planning Appeal<br />

Tribunal.<br />

8. Conclusion<br />

The proposed site is adjacent to existing residential development, and is<br />

currently zoned Residential under the Planning Scheme. The application<br />

appears to be a sound use of the site and it is considered appropriate that<br />

conditional approval be granted. This will allow the development to proceed<br />

in such a manner as to encourage infill development within the township of<br />

<strong>Wynyard</strong>.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 59


Planning Authority Reports<br />

MOVED BY<br />

SECONDED BY<br />

CR WALSH<br />

CR DUNIAM<br />

That the Planning Authority grant approval for a 31 lot residential subdivision<br />

in the Residential Zone at 127 Inglis Street, <strong>Wynyard</strong>, subject to the following<br />

conditions: -<br />

1. Prior to the commencement of the development hereby permitted, the<br />

applicant is to submit to the Director Development Services two copies<br />

of plans drawn to scale generally in accordance with the plans but<br />

amended to show:<br />

i The northern access to Lot 11 is to be realigned so that the<br />

intersection with the east-west subdivisional road is at an angle<br />

of not less than 70 degrees.<br />

ii The southern access to Lot 11 is to be constructed in the form<br />

of a driveway with a kerb crossover.<br />

iii A building envelope to be located on Lot 11, delineating the<br />

portion of the land that is developable (not impacted upon by<br />

springs or seepage).<br />

iv A drainage easement at the low point of Lot 10 to enable runoff<br />

discharge through and across the springs area.<br />

2. A Final Plan is to be submitted to the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> for<br />

sealing. The plan is to be drawn to scale and prepared in accordance<br />

with the requirements of the Recorder of Titles and is to form part of<br />

this permit when sealed. The Final Plan is to be substantially the same<br />

as the endorsed plan.<br />

3. All conditions of the permit are to be completed prior to the sealing of<br />

the Final Plan.<br />

4. All costs associated with the proposed development are to be met by<br />

the Developer.<br />

5. All work carried out in the construction of the civil works associated<br />

with the development are to comply with the requirements of <strong>Council</strong>’s<br />

policy – Standard requirements for the construction of new<br />

infrastructure assets and the replacement of existing infrastructure<br />

assets.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 60


Planning Authority Reports<br />

6. The construction works are to be carried out in accordance with plans,<br />

specifications, calculations and computations approved by the<br />

Director Engineering Services and prepared by, or certified by, a<br />

Chartered Professional Engineer. The works are to be supervised by<br />

the Engineer who is to certify, by issue of a certificate, that the works<br />

have been substantially completed in accordance with the approved<br />

plans and specifications and submit ‘Work as Executed’ drawings of<br />

the completed works in both paper and electronic format.<br />

7. No damage is to be caused to the road, footpath or other facility.<br />

8. No material is to be deposited onto the road.<br />

9. No materials, machinery or operational construction is to be located<br />

on the road, footpath, and nature strip or road reservation.<br />

10. Necessary easements for powerlines, sewerage, water, drainage,<br />

access and the like are to be depicted in the final survey plan lodged<br />

for sealing.<br />

11. A six (6) month maintenance period is to apply to all works within the<br />

development for which <strong>Council</strong> will assume future responsibility. A<br />

maintenance bond of 5% of the cost of the civil works is to be lodged<br />

with <strong>Council</strong> prior to the sealing of the Final Survey Plan.<br />

Commencement of the maintenance period is to be at the sealing of the<br />

Final Survey Plan.<br />

12. During the construction phase, all works are to be carried out between<br />

the following hours:<br />

Monday to Friday – 7:00 a.m. to 6:00 p.m. inclusive<br />

Saturday – 8:00 a.m. to 6:00 p.m. inclusive<br />

Sundays and Public Holidays – 10:00 a.m. to 6:00 p.m. inclusive<br />

13. A new kerb crossover to each lot is to be constructed in accordance<br />

with Municipal Standard Drawing No SD1003 Urban Roads –<br />

Standard Vehicle Crossing to the satisfaction of the Director<br />

Engineering Services.<br />

14. A reinforced concrete driveway between the kerb crossover and the<br />

property boundary of each lot is to be constructed in accordance with<br />

Municipal Standard Drawing SD1003 Urban Roads – Standard<br />

Vehicle Crossing.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 61


Planning Authority Reports<br />

15 A reticulated stormwater drainage system is to be provided with<br />

individual lot connections, road drainage and method of discharge in<br />

accordance with the requirements of the Director Engineering<br />

Services. The return interval for the reticulation network is 1 in 5 year<br />

ARI.<br />

16. An environmental management plan is to be prepared and submitted<br />

for the approval of the Director Engineering Services, prior to<br />

disturbance or construction, outlining proposed practices in relation<br />

to:<br />

i<br />

ii<br />

iii<br />

iv<br />

Temporary run-off and erosion controls are to be installed<br />

before the development commences. Controls are to include,<br />

but are not limited to:<br />

• Minimise site disturbance and vegetation removal;<br />

• Diversion of up-slope run-off around cleared and/or<br />

disturbed areas, areas to be cleared and/or disturbed or<br />

filling provided that such diverted water will not cause<br />

erosion and is directed to a legal discharge point;<br />

• Installation of sediment retention traps (e.g. sediment<br />

fences, etc.) at the down slope perimeter of the disturbed<br />

area or stockpile to prevent unwanted sediment and other<br />

debris escaping from the land;<br />

• Rehabilitation of all disturbed areas as soon as possible.<br />

Weed management.<br />

Storage facilities for fuels, oils, greases, chemicals and<br />

the like.<br />

Litter management.<br />

17. The provision of an 18 metre wide road reservation, with lot<br />

boundaries splayed where necessary and shown as Road on the final<br />

survey plan lodged for sealing.<br />

18. The provision of an 18 metre wide road reservation, suitably widened<br />

to 25 metres to accommodate a vehicular turning area, with lot<br />

boundaries splayed where necessary and shown as road on the final<br />

plan lodged for sealing. Alternative termination treatments will be<br />

considered.<br />

19. The construction of an asphalt sealed, compacted crushed rock<br />

pavement, designed in accordance with Austroads pavement design<br />

guidelines, with a minimum pavement thickness of 250 mm plus a 30<br />

mm asphalt seal, incorporating concrete kerb and channelling and<br />

footpaths, all to the satisfaction of the Director Engineering Services<br />

and in accordance with Standard Drawing SD1001.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 62


Planning Authority Reports<br />

20. Pavement widths of the internal road to be provided are: 8.0 metres<br />

measured lip of kerb to lip of kerb and 6.0 metres surface measured lip<br />

of kerb to lip of kerb for the courts.<br />

<strong>21</strong>. The road intersections, both internally, and with the <strong>Council</strong> road<br />

network, are to be assessed in regard to the various requirements of<br />

the Austroads publication “Guide to traffic engineering practice – part<br />

5 Intersections at grade. Deficiencies and traffic management issues<br />

identified are to be addressed as part of the road design process.<br />

22. York Street is to be constructed and sealed from the north western<br />

interface with the sealed section of York Street to a point 10 metres<br />

past the entry road in to the subdivision. The road pavement is to be<br />

designed in accordance with the Austroads pavement design guidelines<br />

and shall have an asphalt surface of not less than 30mm compacted<br />

depth of asphalt. The width of the road shall be 8.0 metres measured<br />

lip of kerb to lip of kerb. Kerb and channelling is to be constructed<br />

along the western side of York Street, from the internal access road to<br />

the northern boundary.<br />

23. Hill Street is to be constructed and sealed from the internal access<br />

road to Inglis Street. The road pavement is to be designed in<br />

accordance with the Austroads pavement design guidelines and shall<br />

have an asphalt surface of not less than 30mm compacted depth of<br />

asphalt. The width of the road shall be 8.0 metres measured lip of kerb<br />

to lip of kerb. Kerb and channelling is to be constructed along the<br />

northern side of Hill Street, from the internal access road to the<br />

eastern boundary with Inglis Street.<br />

24. The intersection of Hill and Inglis Streets is to have traffic<br />

channelisation which prevents a right-hand turn from Hill Street into<br />

Inglis Street. The intersection treatment is at the cost of the developer<br />

and is to be carried out to the satisfaction of the Director Engineering<br />

Services.<br />

25. The developer is to supply and install street and traffic control signage<br />

required for the development. The signage is to comply with the<br />

requirements of the suite of AS 1742 standards.<br />

26. Footpaths are to be constructed in accordance with <strong>Council</strong>’s<br />

Standard Drawing SD1006 and located as per the endorsed plan for<br />

the internal road network.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 63


Planning Authority Reports<br />

27. The provision of a reticulated water supply to the development with<br />

individual lot connections and fire plugs in accordance with <strong>Council</strong>’s<br />

specifications (min. pipe size 100mm) and the requirements of the<br />

Tasmanian Fire Service. The developer is to supply and install water<br />

meters to all allotments. Water meter type is to be approved by the<br />

Director Engineering Services.<br />

28. Water meters are to be located so as to afford unobstructed access to<br />

service personnel.<br />

29. The provision of a reticulated sewerage system to the development with<br />

individual lot connections and method of disposal in accordance with<br />

the requirements of the Director Engineering Services. The system to<br />

be designed by a Chartered Professional Engineer.<br />

30. Street lighting is to be provided in accordance with the requirements of<br />

Aurora Energy Pty Ltd and the Director Engineering Services. The<br />

street lighting is to be designed to minimise off site glare and reflected<br />

light. The use of non-standard lighting poles is not permitted within<br />

the development.<br />

31. Underground power is to be provided to the development in<br />

accordance with the requirements of Aurora Energy Pty Ltd and<br />

<strong>Council</strong>’s standard drawings and specifications.<br />

32. Telecommunications infrastructure is to be provided to the<br />

development in accordance with the requirements of Telstra and<br />

<strong>Council</strong>’s standard drawings and specifications.<br />

33. A plan of management is to be prepared and submitted for the<br />

approval of the Director Engineering Services, prior to disturbance or<br />

construction, outlining information and proposed construction<br />

practices in relation to:<br />

i Contact details for principal, consultants and contractors,<br />

including after hours numbers.<br />

ii<br />

iii<br />

iv<br />

v<br />

vi<br />

Traffic management plan, including road works signage.<br />

Proposed hours of work (including volume and timing of heavy<br />

vehicles entering and leaving the site, and works undertaken on<br />

site).<br />

Identification of potentially noisy construction phases, such as<br />

operation of rock-breakers, explosives or pile drivers, and<br />

proposed means to minimise impact on the amenity of<br />

neighbouring buildings.<br />

Site facilities to be provided.<br />

Procedures for washing down vehicles, to prevent soil and<br />

debris being carried onto the street.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 64


Planning Authority Reports<br />

34. The developer is to submit to <strong>Council</strong> for consideration a proposed<br />

name for the subdivisional street prior to the sealing of the Plan.<br />

35. The developer is to pay a public open space contribution equivalent to<br />

five percent (5%) of the value of the undeveloped new lots comprised<br />

in the plan. This condition is invoked under the provisions of Section<br />

117 of the Local Government (Building & Miscellaneous Provisions)<br />

Act 1993. Contribution payment is to be made prior to sealing of the<br />

Final Survey Plan.<br />

36. The developer is to seek a private land valuation of the undeveloped<br />

new lots as identified on the endorsed plan. A copy of the valuation is<br />

to be submitted to <strong>Council</strong> prior to, or upon payment of, the public<br />

open space contribution (see Condition 35).<br />

37. A landscaping and planting plan for the street network and the wetland<br />

area in Lot 11 is to be prepared and lodged with <strong>Council</strong> for approval<br />

prior to the site works commencing. The plan will form part of the<br />

endorsed plans. The plan must not include any species declared weeds<br />

under the Weed Management Act 1999.<br />

38. Works outlined in the landscaping and planting plan must be carried<br />

out to the satisfaction of <strong>Council</strong>’s Director Development Services<br />

prior to the Sealing of the Final Plans.<br />

39. The developer may lodge a bond or bank guarantee to cover all<br />

outstanding or uncompleted works. The bond is to be determined by<br />

Director Engineering Services based upon the submission of two<br />

valuations for all outstanding works (plus 20% of the higher amount).<br />

40. The bond is to be held for a maximum period of twelve months after the<br />

sealing of the Final Survey Plan by <strong>Council</strong>. Any outstanding or<br />

substandard works not completed by the developer within this time are<br />

to be completed by <strong>Council</strong> and the cost deducted from the bond and<br />

the balance of the bond, if any, is to be refunded to the developer.<br />

41. The subdivision is to be substantially commenced within the<br />

timeframes of the Land Use Planning and Approvals Act 1993,<br />

however, the subdivision may be staged, providing no stage comprises<br />

less than 20 lots. The developer is to seek further approval from<br />

<strong>Council</strong> if the final stage of subdivisional works as approved is not<br />

substantially commenced within a period of 6 years from the date of<br />

this permit.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 65


Planning Authority Reports<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

Enclosures:- refer to Enclosure Document Page 54<br />

- Development Application and supporting documentation<br />

- Location Plan<br />

- Certificate of Title<br />

- Development Plans and documentation<br />

- Representations (x2)<br />

Planning Authority Meeting concluded at 6:25 pm.<br />

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<strong>Council</strong> Reports<br />

GENERAL MANAGER<br />

5/08 REVIEW OF COUNCIL POLICY – OCCUPATIONAL<br />

REHABILITATION POLICY<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Services Manager<br />

Responsible Manager: General Manager<br />

File Reference: 001.47<br />

Date: <strong>21</strong> <strong>January</strong> <strong>2008</strong><br />

1. Recommendation<br />

That <strong>Council</strong> confirm the amended Occupational Rehabilitation Policy<br />

and note that the policy will be scheduled for a further review in<br />

<strong>January</strong> 2009.<br />

2. Summary<br />

This report has been prepared to allow <strong>Council</strong> the opportunity to review its<br />

Occupational Rehabilitation Policy, originally adopted on 16 February 2004,<br />

and subsequently confirmed, with minor amendments, on an annual basis by<br />

<strong>Council</strong>.<br />

Once again, only minor changes have been suggested to several of the policy<br />

document sections, none of which change the policy’s detail or intent. The<br />

only significant change recommended relates to the appointment by the<br />

General Manager of a person to carry out the role of Rehabilitation<br />

Coordinator as the need arises. The appointment will be in accordance with a<br />

recommendation by <strong>Council</strong>’s workers compensation insurers, currently QBE<br />

Insurance Limited.<br />

It is recommended that the Policy, as amended, be confirmed.<br />

3. Background<br />

<strong>Council</strong> has an ongoing policy review program which requires each adopted<br />

policy to be reviewed by <strong>Council</strong> at a predetermined date to examine its<br />

continuing relevance to <strong>Council</strong>’s strategic direction as well as adherence to<br />

any current legislative requirements.<br />

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<strong>Council</strong> Reports<br />

4. Statutory and Strategic Requirements<br />

Strategic Plan Reference<br />

Objective<br />

6.3<br />

Objective<br />

6.5<br />

Ensure that <strong>Council</strong> service delivery is reviewed, maintained and<br />

enhanced to reflect community expectations.<br />

Be recognised as a leader in the provision of local governance to<br />

the community.<br />

The ongoing development and regular review of policies relating to the<br />

delivery of <strong>Council</strong> services and the satisfaction of community requirements is<br />

entirely consistent with the Strategic Plan objectives.<br />

Statutory Requirements<br />

The Workers Rehabilitation and Compensation Act 1988 provides:<br />

143. Rehabilitation policies<br />

(1) An employer who employs more than 20 workers must prepare a<br />

rehabilitation policy in accordance with criteria approved by the Board and<br />

published in the Gazette.<br />

Penalty:<br />

Fine not exceeding 50 penalty units.<br />

(2) An employer to whom subsection (1) applies must display the<br />

rehabilitation policy in a prominent place at each workplace under the<br />

employer's control.<br />

Penalty:<br />

Fine not exceeding 20 penalty units.<br />

143A. Rehabilitation coordinator<br />

An employer who employs more than 50 workers must provide a person who<br />

is responsible for coordinating the timely and safe return to work of a worker<br />

in accordance with the employer's rehabilitation policy.<br />

<strong>Council</strong>’s responsibilities under the relevant sections of the Act have not<br />

changed since the policy was previously reviewed.<br />

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<strong>Council</strong> Reports<br />

5. Finances<br />

The ongoing review of <strong>Council</strong> policies is carried out as part of <strong>Council</strong>’s<br />

normal administrative function and will not have a material effect upon<br />

<strong>Council</strong>’s financial position. Confirmation of the existing Occupational<br />

Rehabilitation Policy, with only minor alteration, will not impose any<br />

significant additional financial requirements upon <strong>Council</strong>.<br />

6. Discussion<br />

The Occupational Rehabilitation Policy was first adopted by <strong>Council</strong> on 16<br />

February 2004 and confirmed by <strong>Council</strong>, with only minor alterations, at the<br />

subsequent <strong>January</strong> <strong>Council</strong> meetings each year, with the most recent review<br />

date being 15 <strong>January</strong> 2007.<br />

To assist the policy review process generally, the following two criteria have<br />

been developed for use as a general guide to evaluate current <strong>Council</strong> policies:<br />

• Have there been any changes to relevant legislation including Acts<br />

of Parliament and Regulations or changes to any Australian<br />

Standards or Codes of Practice which will potentially impact upon<br />

the policy and require its amendment?<br />

• Have there been any changes to <strong>Council</strong>’s strategic direction<br />

and/or community expectations or requirements as represented in<br />

<strong>Council</strong>’s current Strategic Plan, since the policy was originally<br />

adopted, which will require the policy to be amended?<br />

There have not been any changes to the Workers Rehabilitation and<br />

Compensation Act 1988 since the date of the previous review that require the<br />

policy to be amended.<br />

The report accompanying the policy document, when it was originally adopted<br />

by <strong>Council</strong> in 2004, listed a number of criteria that were suggested by<br />

Workcover Tasmania for inclusion in any new Occupational Rehabilitation<br />

Policy and these criteria, which were in accordance with the Act, were<br />

included in the original policy.<br />

One of the criteria originally suggested by Workcover Tasmania<br />

recommended that <strong>Council</strong> review the policy annually to establish continuing<br />

<strong>Council</strong> commitment to the policy and this suggestion continues to be<br />

incorporated in the policy document.<br />

An examination of <strong>Council</strong>’s Strategic Plan reveals that the current<br />

Occupational Rehabilitation Policy is not inconsistent with any of the<br />

objectives or strategies of the Plan, particularly Objectives 6.3 and 6.5.<br />

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<strong>Council</strong>’s former Compliance Manager, Mr Douglass Doherty, was previously<br />

appointed to the position of Rehabilitation Co-ordinator due to his experience<br />

and qualifications. Following Mr Doherty’s departure from employment with<br />

<strong>Council</strong>, and in the absence of any staff members with similar relevant<br />

qualifications and experience in the field of occupational rehabilitation, it is<br />

recommended that <strong>Council</strong>’s workers compensation insurers, QBE Insurance<br />

Limited, be requested to suggest a suitable rehabilitation specialist for<br />

appointment to the position of Rehabilitation Coordinator as the need arises.<br />

As part of the current review, <strong>Council</strong>’s Risk Management Officer has perused<br />

the policy and, with the exception of the requirement for the appointment of a<br />

new Rehabilitation Coordinator, has recommended that no further changes to<br />

the policy are required.<br />

In light of the above comments it is recommended that the policy be confirmed<br />

by <strong>Council</strong>, without significant alteration, and that it be rescheduled for review<br />

in <strong>January</strong> 2009.<br />

7. Risk<br />

There are no identifiable additional risks associated with the review and<br />

confirmation of the amended Occupational Rehabilitation Policy. The policy<br />

review programme, generally, provides a valuable reassessment of <strong>Council</strong>’s<br />

policy initiatives, particularly those incorporating <strong>Council</strong>’s statutory<br />

responsibilities.<br />

8. Conclusion<br />

This report is presented for <strong>Council</strong>’s consideration.<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR BRAMICH<br />

That <strong>Council</strong> confirm the amended Occupational Rehabilitation Policy and<br />

note that the policy will be scheduled for a further review in <strong>January</strong> 2009.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 71


<strong>Council</strong> Reports<br />

POLICY NAME<br />

DOC NO: G 1.3.2<br />

OCCUPATIONAL REHABILITATION<br />

POLICY<br />

VERSION<br />

5<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2009<br />

1.0 Purpose<br />

The purpose of this Policy is to comply with Section 143 of the Workers<br />

Rehabilitation and Compensation Act 1988, and to define the commitment that<br />

<strong>Council</strong> has to the rehabilitation of any of its employees who may be injured,<br />

or contract a disease arising out of, or in the course of, their employment.<br />

2.0 Objective<br />

3.0 Scope<br />

4.0 Policy<br />

To demonstrate <strong>Council</strong>’s commitment to the rehabilitation of an employee as<br />

soon as possible after an injury or disease.<br />

This Policy applies to all <strong>Council</strong> employees.<br />

The <strong>Waratah</strong> <strong>Wynyard</strong> <strong>Council</strong>, as outlined in its adopted Health and<br />

Safety Policy, is committed to preventing injury and illness by providing a<br />

safe and healthy working environment which is, as far as practicable,<br />

without risk to personal health or well-being.<br />

The <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> is also committed to the rehabilitation of<br />

its employees who may be injured, or contract a disease arising out of, or<br />

in the course of, their employment.<br />

<strong>Council</strong>’s commitment to this Policy is underpinned by the appointment of<br />

Rehabilitation Co-ordinator who will work in consultation with the Risk<br />

Management Officer and the ill/injured employee to ensure that the aims<br />

and goals of this Policy are achieved.<br />

The goals of the Occupational Rehabilitation Policy are to:<br />

Ensure that the rehabilitation process is commenced as soon as possible<br />

following injury/illness to ensure speedy recovery and to avoid long-term<br />

problems.<br />

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• Encourage and maintain a positive work environment for the<br />

affected employee, including meaningful work that is acceptable to<br />

all parties.<br />

• Promote the understanding that rehabilitation, as required, will be<br />

provided and, if necessary, additional assistance obtained from an<br />

approved rehabilitation provider.<br />

• Ensure that participation in an occupational rehabilitation program<br />

will not, in itself, prejudice an injured employee.<br />

Any rehabilitation program will be developed in consultation with the<br />

employee, their medical practitioner, <strong>Council</strong>’s Rehabilitation Coordinator<br />

and Risk Management Officer, the employee’s direct supervisor,<br />

the rehabilitation service provider, and, if applicable, the insurance<br />

company and, if requested by the employee, their union representative.<br />

Under this Policy the ill/injured employee has the right to choose their<br />

treating medical practitioner and to also be consulted when choosing a<br />

rehabilitation service provider should one be considered necessary.<br />

All employees have an important role to play to ensure the best possible<br />

outcome for their injured colleagues and successful occupational<br />

rehabilitation requires involvement and commitment.<br />

5.0 Legislation<br />

Workers Rehabilitation and Compensation Act 1988.<br />

6.0 Responsibility<br />

<strong>Council</strong><br />

‣ Adopt an Occupational Rehabilitation Policy.<br />

General Manager<br />

‣ Appoint a Rehabilitation Co-ordinator and maintain the overall<br />

management of the Policy, ensuring its effective operation.<br />

Rehabilitation Co-ordinator<br />

‣ Co-ordinate any required rehabilitation program with all interested<br />

parties in accordance with the aims and goals of the Policy.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 73


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Risk Management Officer<br />

7.0 Minute Reference<br />

‣ Assist the ill/injured employee to be rehabilitated under the aims of<br />

this Policy, by referring any case to the Rehabilitation Co-ordinator<br />

as soon as possible, and working with the Co-ordinator and other<br />

interested parties, as required, to draw up a successful rehabilitation<br />

program.<br />

‣ Arrange for the Policy to be reviewed on a regular basis, at least<br />

once per year, to ensure that there is a continuing commitment to<br />

the Policy by <strong>Council</strong>, management and employees, and to<br />

recommend any changes deemed necessary.<br />

Minute No. 5/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 74


<strong>Council</strong> Reports<br />

6/08 REVIEW OF DEVELOPMENT SERVICES POLICIES<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Services Manager<br />

Responsible Manager: General Manager<br />

File Reference: 001.52, 001.54, 001.55, 001.56, 001.57<br />

Date: <strong>21</strong> <strong>January</strong> <strong>2008</strong><br />

1. Recommendation<br />

That <strong>Council</strong> confirm the following amended policies and note that<br />

they are scheduled for further review in <strong>January</strong> 2011:<br />

a) Environmental Policy<br />

b) Public Open Space Contribution Policy<br />

c) Subdivision Development Bond Policy<br />

d) Staged Development Applications Under The Strata<br />

Titles Act 1998 Policy<br />

e) Standard Development Permit Conditions Policy<br />

2. Summary<br />

This report has been prepared to allow <strong>Council</strong> the opportunity to review five<br />

of its development services policies originally adopted during 2004.<br />

Only minor administrative changes have been suggested to several sections of<br />

each policy, none of which change the detail or intent of any of the policies,<br />

and it is recommended that the policies, as amended, be confirmed.<br />

3. Background<br />

During 2004 a series of development services policies were developed and<br />

placed before <strong>Council</strong> for consideration. The policies were intended to give<br />

direction on a number of matters relating to the use and development of land<br />

in the municipal area. Whilst the <strong>Waratah</strong>- <strong>Wynyard</strong> Planning Scheme 2000<br />

and the various State Acts and State Policies gave direction in the management<br />

of land, there was a recognition by the <strong>Council</strong> of the day that some land use<br />

and development matters remained subjective and that it would be<br />

advantageous for <strong>Council</strong> to have a clear direction on some specific issues that<br />

were dealt with on a regular basis.<br />

<strong>Council</strong> adopted its Environmental Policy on 16 August 2004 with the<br />

remaining four policies being adopted on 18 October 2004.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 75


<strong>Council</strong> Reports<br />

<strong>Council</strong> has an ongoing policy review program which requires each adopted<br />

policy to be reviewed by <strong>Council</strong> at a predetermined date to examine its<br />

continuing relevance to <strong>Council</strong>’s strategic direction as well as adherence to<br />

any current legislative requirements. The abovementioned policies are now<br />

scheduled to be reviewed by <strong>Council</strong>.<br />

4. Statutory and Strategic Requirements<br />

Strategic Plan References<br />

Objective<br />

3.6<br />

Objective<br />

4.1<br />

Objective<br />

5.1<br />

Objective<br />

6.1<br />

Objective<br />

6.3<br />

Objective<br />

6.5<br />

Access to suitable/contemporary recreational facilities.<br />

Manage our natural resources in a responsible manner.<br />

Quality residential subdivisions.<br />

Ensure that existing infrastructure and built asset base is regularly<br />

reviewed and maintained as our core responsibility.<br />

Ensure that <strong>Council</strong> service delivery is reviewed, maintained and<br />

enhanced to reflect community expectations.<br />

Be recognised as a leader in the provision of local governance to<br />

the community.<br />

The ongoing development and regular review of policies relating to the<br />

delivery of <strong>Council</strong> services and the satisfaction of community requirements is<br />

consistent with <strong>Council</strong>’s Strategic Plan 2004-2009.<br />

Statutory Requirements<br />

<strong>Council</strong> has a number of statutory obligations under the following legislation:<br />

Land Use Planning and Approvals Act 1993<br />

Local Government (Building and Miscellaneous Provisions) Act 1993<br />

Environmental Management and Pollution Control Act 1994<br />

Strata Titles Act 1998<br />

Building Act 2000<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000<br />

Various State Policies as promulgated from time to time<br />

<strong>Council</strong>’s responsibilities under any of the relevant sections of these Acts have<br />

not changed since the suite of development services policies was originally<br />

adopted by <strong>Council</strong>.<br />

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<strong>Council</strong> Reports<br />

5. Finances<br />

Confirmation of the existing policies, with only minor alterations, should not<br />

impose any additional financial requirements upon <strong>Council</strong>.<br />

6. Discussion<br />

As discussed, the five development services policies under consideration were<br />

adopted by <strong>Council</strong> during the 2004 calendar year.<br />

For policy evaluation purposes the following two criteria were developed for<br />

use as a general guide to evaluate current <strong>Council</strong> policies:<br />

• Have there been any changes to relevant legislation including Acts<br />

of Parliament and Regulations or changes to any Australian<br />

Standards or Codes of Practice which will potentially impact upon<br />

the policy and require its amendment?<br />

• Have there been any changes to <strong>Council</strong>’s strategic direction<br />

and/or community expectations or requirements as represented in<br />

<strong>Council</strong>’s current Strategic Plan, since the policy was originally<br />

adopted, which will require the policy to be amended?<br />

In accordance with these criteria, and as part of the current review process for<br />

each of these policies, <strong>Council</strong>’s Director Development Services has examined<br />

each policy for compliance with current legislative requirements and, with the<br />

exception of the minor administrative changes required to reflect the updated<br />

versions of the policies, has recommended that no additional changes to the<br />

policies are required.<br />

An examination of <strong>Council</strong>’s Strategic Plan 2004-2009 reveals that the current<br />

policies are not inconsistent with any of the Objectives or Strategies of the<br />

Strategic Plan.<br />

In response to the above comments, it is recommended that the policies be<br />

confirmed by <strong>Council</strong>, without significant alteration. It is suggested that these<br />

policies be reviewed again in three years time, with the reviews being<br />

scheduled for <strong>January</strong> 2011.<br />

7. Risk<br />

There are no identifiable additional risks associated with the review and<br />

confirmation of the amended policies. The policy review programme,<br />

generally, provides a valuable reassessment of <strong>Council</strong>’s policy initiatives,<br />

particularly those incorporating <strong>Council</strong>’s statutory responsibilities.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 77


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8. Conclusion<br />

This report is presented for <strong>Council</strong>’s consideration.<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR BRAMICH<br />

That <strong>Council</strong> confirm the following amended policies and note that they are<br />

scheduled for further review in <strong>January</strong> 2011:<br />

a) Environmental Policy<br />

f) Public Open Space Contribution Policy<br />

g) Subdivision Development Bond Policy<br />

h) Staged Development Applications Under The Strata Titles Act<br />

1998 Policy<br />

i) Standard Development Permit Conditions Policy<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 78


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POLICY NAME<br />

DOC NO: D 3.1.1<br />

ENVIRONMENTAL POLICY<br />

VERSION<br />

2<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2011<br />

1.0 Purpose<br />

This policy outlines <strong>Council</strong>’s position in relation to its duties and obligations<br />

imposed through environmental legislation and <strong>Council</strong>’s Strategic Plan.<br />

2.0 Objective<br />

3.0 Scope<br />

4.0 Policy<br />

The objective of the policy is to outline <strong>Council</strong>’s position on environmental<br />

matters and provide guidance on the implementation of environmental<br />

legislation.<br />

The policy applies to all actions and decisions taken by <strong>Council</strong> and staff in<br />

relation to the environment within the municipal area.<br />

4.1 In accord with the resource management and planning suite of<br />

legislation and <strong>Council</strong>’s Strategic Plan (Part 4-Natural Resources)<br />

<strong>Council</strong> will seek to support the following objectives.<br />

4.1.1 To promote the sustainable development of natural and<br />

physical resources and the maintenance of ecological processes<br />

and genetic diversity.<br />

4.1.2 To provide for the fair, orderly and sustainable use and<br />

development of air, land and water.<br />

4.1.3 To encourage public involvement in resource management and<br />

planning.<br />

4.1.4 To facilitate economic development in accordance with the<br />

objectives set out in paragraphs 4.1.1, 4.1.2 and 4.1.3.<br />

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4.1.5 To promote the sharing of responsibility for resource<br />

management and planning between the different spheres of<br />

Government, the community and industry in the State.<br />

4.2 These objectives will be supported by the following actions<br />

commensurate with available resources.<br />

4.2.1 Decision making that protects and enhances the quality of the<br />

environment.<br />

4.2.2 The prevention of environmental degradation and adverse risks<br />

to human and ecosystem health with promotion of pollution<br />

prevention, clean production technology, reuse and recycling of<br />

materials and waste minimization programmes.<br />

4.2.3 The promotion of a reduction or elimination of the discharge of<br />

pollutants and hazardous substances to air, land or water<br />

consistent with maintaining environmental quality.<br />

4.2.4 To promote allocation of the costs of environmental protection<br />

and restoration equitably and in a manner that encourages<br />

responsible use of, and reduces harm to, the environment, with<br />

polluters bearing the appropriate share of the costs that arise<br />

from their activities.<br />

4.2.5 To require persons engaging in polluting activities to make<br />

progressive environmental improvements, including reductions<br />

of pollution at source, as such improvements become<br />

practicable through technological and economic development;<br />

and<br />

4.2.6 To provide for the monitoring and reporting of environmental<br />

quality on a regular basis.<br />

4.2.7 To promote control of the generation, storage, collection,<br />

transportation, treatment and disposal of waste with a view to<br />

reducing, minimizing and, where practicable, eliminating harm<br />

to the environment.<br />

4.2.8 To adopt a precautionary approach when assessing<br />

environmental risk to ensure that all aspects of environmental<br />

quality, including ecosystem sustainability and integrity and<br />

beneficial uses of the environment, are considered in assessing,<br />

and making decisions in relation to, the environment.<br />

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4.2.9 To facilitate the adoption and implementation of standards<br />

agreed upon by the State under inter-governmental<br />

arrangements for greater uniformity in environmental<br />

regulation.<br />

4.2.10 To promote public education about the protection, restoration<br />

and enhancement of the environment.<br />

4.2.11 To co-ordinate all activities as are necessary to protect, restore<br />

or improve the municipal environment.<br />

4.3 Implementation of the policy and enforcement action will be<br />

undertaken in a manner, which compliments the environmental<br />

enforcement policy principles of the Department of Primary Industry,<br />

Water and Environment (DPIWE). The guiding principles for<br />

environmental enforcement action by <strong>Council</strong> staff are set out as<br />

follows;<br />

4.3.1 The objective of all enforcement action will be to achieve a<br />

defined and measurable outcome.<br />

4.3.2 Enforcement action will be taken in proportion to the<br />

magnitude of the offence taking into account implications for<br />

the administration of the Environmental Management and<br />

Pollution Control Act 1994 (EMPCA) more generally.<br />

4.3.3 Decisions on enforcement action will be responsive to the<br />

situation in both timing and extent with flexibility retained to<br />

respond to additional information or change in circumstances.<br />

4.3.4 All non-trivial breaches will be subject to enforcement<br />

consideration and this will be communicated to the offender. A<br />

transparent process will determine the type of enforcement<br />

measure to be taken, so that any disagreement can be based<br />

upon fact. The enforcement action will be clear to enable all<br />

parties to understand what constitutes compliance.<br />

4.3.5 The enforcement action will be carried out in a fair, consistent<br />

and equitable manner.<br />

4.3.6 Enforcement action will be carried out within the limitations of<br />

the powers conferred under EMPCA, subsidiary legislation or<br />

associated State Policies.<br />

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<strong>Council</strong> Reports<br />

4.3.7 As part of a continuum of administrative measures,<br />

enforcement powers are to be exercised when they are likely to<br />

produce a desired outcome in a cost effective manner. The<br />

desired outcome includes meeting the other principles in this<br />

policy and the implications for the administration of EMPCA<br />

more generally (including consideration of deterrence and<br />

precedent) as well as the environmental outcome in a particular<br />

case.<br />

4.3.8 Any enforcement action will be carried out in a manner<br />

consistent with other legislative responsibilities of <strong>Council</strong> for<br />

sustainable development, land use planning and public health.<br />

4.4 The guiding principles for enforcement action are underscored by the<br />

following criteria in deciding on appropriate enforcement action;<br />

5.0 Legislation<br />

4.4.1 The seriousness of the incident having regard to the damage to<br />

the environment caused or likely to be caused, impact on<br />

people and the implications for the administration of <strong>Council</strong>’s<br />

obligations under EMPCA.<br />

4.4.2 Whether there has been a failure to comply with any formal<br />

requests by <strong>Council</strong> staff in relation to the incident.<br />

4.4.3 The culpability of the person whether it is a corporation, or<br />

employee or individual, including any mitigating or<br />

aggravating circumstances.<br />

4.4.4 The previous history of the person involved in the incident.<br />

4.4.5 The level and nature of public concern.<br />

4.4.6 The prevalence of the alleged offence and the need for<br />

deterrence of the offence.<br />

4.4.7 Due diligence procedures already in place and used by the<br />

person.<br />

4.4.8 Voluntary actions and co-operation by the person to mitigate<br />

any damage to the environment and put in place mechanisms to<br />

prevent a recurrence of the incident.<br />

- Environmental Management and Pollution Control Act 1994<br />

- Local Government Act 1993<br />

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<strong>Council</strong> Reports<br />

6.0 Responsibility<br />

<strong>Council</strong> is the responsible body for ensuring decisions made at <strong>Council</strong><br />

meetings are consistent with the policy. The operational implementation of<br />

this policy is the responsibility of the Director Development Services.<br />

7.0 Minute Reference<br />

Minute No. 6/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

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<strong>Council</strong> Reports<br />

POLICY NAME<br />

DOC NO: D3.2.1<br />

PUBLIC OPEN SPACE CONTRIBUTION<br />

POLICY<br />

VERSION<br />

2<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2011<br />

1.0 Purpose<br />

1.1 This policy provides a guideline to the exercise of the <strong>Council</strong>’s<br />

statutory discretion on the provision of public open space. As such it<br />

does not bind the exercise of those discretions in any particular case.<br />

<strong>Council</strong> or its delegate must determine each application which is<br />

lodged on its merits and in accordance with the provisions of the Land<br />

Use Planning & Approvals Act 1993 and the Local Government<br />

(Building & Miscellaneous Provisions) Act 1993. <strong>Council</strong> or its<br />

delegate may in individual cases apply this guideline to the exercise of<br />

its statutory discretions.<br />

1.2 The purpose of this Policy is to:<br />

(a)<br />

(b)<br />

(c)<br />

Establish guidelines that will assist <strong>Council</strong> in determining the<br />

appropriateness of levying a public open space contribution on<br />

residential subdivisions.<br />

Establish parameters for determining whether a contribution<br />

should be taken in the form of land or cash in lieu payment.<br />

Specify requirements for the holding and disposal of monies<br />

derived from cash in lieu contributions.<br />

2.0 Objectives<br />

The objectives of the policy relate to the provision of public open space in the<br />

municipal area. The primary objectives are to:<br />

2.1 Provide a range and hierarchy of public open space resource and<br />

recreational facilities to meet all community needs and encourage<br />

tourism.<br />

2.2 Provide equitable accessibility to recreation opportunities across the<br />

community.<br />

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<strong>Council</strong> Reports<br />

3.0 Scope<br />

2.3 Develop a series of premium open space resources that can provide an<br />

integrated trail network throughout the municipal area and along the<br />

coastal & river foreshores. The trail should seek to link activity centres<br />

with safe and visually attractive pedestrian and bicycle trails/ pathways<br />

and passive open space.<br />

2.4 Economically and efficiently maintain and improve a series of<br />

premium public open space resources.<br />

2.5 Conserve and enhance the conservation values of premium natural<br />

resource sites within the municipal area.<br />

The policy applies to all applications to subdivide residential land in the<br />

municipal area.<br />

4.0 Policy<br />

4.1 Guidelines in Determining a Requirement for Public Open Space<br />

Contribution<br />

As a guideline in determining the public open space requirements for a<br />

subdivision the following matters are to be taken into consideration:<br />

4.1.1 Section 85 of the Local Government (Building and<br />

Miscellaneous Provisions) Act 1993 determines that <strong>Council</strong><br />

may refuse to approve a subdivision plan if it is of the opinion<br />

that the layout of the plan should be altered to either include or<br />

omit an area of public open space.<br />

4.1.2 If <strong>Council</strong> determines that public open space is not required on<br />

plan, nor required in the municipal area then a requirement for<br />

such (including cash in lieu requirement) cannot be made of the<br />

developer. If <strong>Council</strong> determines that an area of public open<br />

space is required in the municipal area, then the contribution is<br />

dealt with under Sections 116 and 117 of the Local Government<br />

(Building and Miscellaneous Provisions) Act 1993 and consent<br />

conditions of planning permit applied under the Land Use<br />

Planning & Approvals Act 1993.<br />

4.1.3 Sections 116 and 117 of the Local Government (Building and<br />

Miscellaneous Provisions) Act 1993 enable <strong>Council</strong> to require,<br />

as a consent condition to residential subdivision in the<br />

municipal area, that the developer provides land or a cash in<br />

lieu contribution towards the ‘increased’ provision of public<br />

open space.<br />

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<strong>Council</strong> Reports<br />

Section 117 enables <strong>Council</strong> to require, as a consent condition<br />

to a planning permit, a payment in lieu of an increase in the area<br />

shown for public open space, instead of requiring an increase in<br />

the public open space land area. Such monies must be held in<br />

trust and used to further strategic purchase or improvement of<br />

land(s) dedicated for public open space in the municipality.<br />

Section 117(5) of the Act stipulates that the ‘amount payable is<br />

to be for the acquisition or improvement of land for public open<br />

space for the benefit of inhabitants of the municipal area’. The<br />

words ‘municipal area‘ are defined in Section 3 of the Local<br />

Government Act 1993 as ”an area referred to in Section 16”<br />

which provides for the division of the State of Tasmania into<br />

municipal areas, such as <strong>Waratah</strong>-<strong>Wynyard</strong>.<br />

4.1.4 When assessing the merit of the subdivision proposal <strong>Council</strong> is<br />

to determine the requirement for open space in the ‘municipal<br />

area’ of the subdivision.<br />

4.1.5 Open space may be broadly categorised as active or passive.<br />

4.1.6 Active open space generally implies but is not necessarily<br />

limited to land used for the playing of sport, including facilities<br />

such as ovals, tennis courts, swimming pools and bowling<br />

greens.<br />

4.1.7 Passive open space refers to remnant bushland conservation<br />

areas, botanical gardens, picnic grounds, beach areas, river<br />

reserves and wetland or inter tidal zones.<br />

4.1.8 Clearly some open space areas provide both functions. The<br />

buildings and structures erected upon open space to enhance the<br />

recreational opportunities are defined as ‘recreational facilities’<br />

and include stadia, playground equipment, barbecues,<br />

boardwalks, tables and chairs and interpretation signs.<br />

4.1.9 Open space can also be broadly categorized by hierarchy:<br />

Hierarchy of Open Spaces<br />

STATE OPEN SPACE<br />

REGIONAL OPEN<br />

SPACE<br />

National Parks<br />

Major Spectator Sport Facilities<br />

Mass Entertainment Facilities<br />

Major Parks<br />

Natural Parks<br />

Developed Parks<br />

Historical and Cultural Areas<br />

Theme and Amusement Parks<br />

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<strong>Council</strong> Reports<br />

DISTRICT OPEN SPACE<br />

LOCAL OPEN SPACE<br />

PLAY SPACE<br />

Large Scale Recreational Areas<br />

Outdoor Sporting facilities<br />

Extensive River and Beach<br />

Areas<br />

Local Parks<br />

Neighbourhood Open Spaces<br />

Neighbourhood Playing Fields<br />

Other Outdoor Sports Areas<br />

Playgrounds<br />

4.1.10 Play Spaces should be designed and located for use by younger<br />

children with safety, convenience and childhood development<br />

the key selection criteria. They should ideally be located:<br />

• next to shops, community centres, other public open<br />

space and schools; or<br />

• where there is high visibility from public areas; or<br />

• on clearly defined pedestrian or cycle routes.<br />

4.1.11 Local Open Spaces represent open space provided to meet the<br />

day-to-day needs of the local area population (approximately<br />

4,000 people) and, depending on the type of recreational use,<br />

generally vary in size from 2500 square metres to 3 hectares.<br />

Ideally, neighbourhood open space should also be located<br />

within 400 metres of a residential area.<br />

4.1.12 District Open Spaces serve a larger population of 16,000 to<br />

20,000 people and, depending on the use, generally vary<br />

between 2.5 and 20 hectares in area. Such open space is<br />

generally considered to be premium open space. The area<br />

benefited may be wider than the municipal area the District<br />

Open Space is located within. As a broad rule 1.5 hectares of<br />

open space in this category should be provided for every 1000<br />

people, excluding golf courses and the like, and should be<br />

available within 2 kilometres of any residence.<br />

4.1.13 Regional Open Spaces generally provide open space that serves<br />

more than one municipal area and for parks generally range<br />

between 30 and 200 hectares in area. Regional open spaces are<br />

generally located within 30 minutes driving time from a<br />

residence but the type of facilities is variable and a broad range<br />

of facilities may not be available within this distance. Forest<br />

areas, large remnant vegetation areas and green belts are one<br />

form of regional open space, providing linkages between other<br />

open spaces, forests and rural areas.<br />

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<strong>Council</strong> Reports<br />

4.1.14 State Open Spaces includes open spaces of State, national or<br />

international significance. These open spaces may or may not<br />

be located within the municipal area.<br />

4.1.15 Note: The appropriateness of a requirement for public open<br />

space will also be appraised having regard to the objectives of<br />

any adopted recreation policy. Where specified, the above<br />

standards for the provision of open space may be applied in<br />

establishing the basis for the setting of public open space<br />

contributions on subdivisions. In setting such requirements it<br />

must be noted that this policy is a guideline, until such time that<br />

a recreational policy may be adopted. In implementing the<br />

policy <strong>Council</strong> may choose to set a public open space<br />

requirement at variance with the standards given above. The<br />

standards are only one potential factor in making a decision as<br />

to what <strong>Council</strong> believes a public open space contribution<br />

should be on any particular subdivision.<br />

4.2 Principles - General<br />

The following principles apply when determining if a public open<br />

space contribution is to be taken:<br />

4.2.1 A public open space contribution is to be supported by the<br />

subdivision planning report and will generally outline the<br />

impact the proposed subdivision will have on existing and<br />

proposed open space requirements and the opportunities and<br />

constraints available for improved or increased open space<br />

provision.<br />

4.2.2 All subdivision creating new lots will contribute to an increased<br />

demand for open space, however the location/size/purpose of<br />

specific subdivisions will mean that such demand will vary.<br />

4.2.3 Where public open space is accessible to the residents of a<br />

proposed subdivision, a cash in lieu contribution should<br />

generally be required to provide for the upgrading or<br />

enhancement of that open space.<br />

4.2.4 Open space that seeks to protect or conserve land that is deemed<br />

to be of high environmental value is to be given priority as public<br />

open space.<br />

4.2.5 A contribution for public open space is based on a contribution<br />

not exceeding one twentieth of the value of all new lots created<br />

by subdivision.<br />

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<strong>Council</strong> Reports<br />

4.2.6 Land that has been set aside for riparian or littoral reserves on<br />

the plan is deducted from this calculation.<br />

4.2.7 A greater contribution may be required, but any proportion over<br />

the five percent value of the subdivided land provided for<br />

public open space is subject to purchase by <strong>Council</strong>.<br />

4.2.8 A contribution less than 5% may also be taken. The public<br />

open space contribution may be taken as cash in lieu or as land.<br />

4.2.9 Options that invoke a contribution of less than 5%, or a<br />

contribution to be taken as land, need to be supported in the<br />

subdivision planning report and with reference to this policy or<br />

any <strong>Council</strong> recreation strategy.<br />

4.3 Principles– Taking a Cash Contribution<br />

The following principles apply when determining if a cash contribution<br />

in lieu of land is to be taken as a public open space requirement:<br />

4.3.1 As an alternative to taking the public open space contribution in<br />

land, <strong>Council</strong> may require all or part of the contribution to be<br />

provided as cash in lieu.<br />

4.3.2 A cash in lieu payment may to be applied to all new<br />

subdivisions in the Residential zone to provide for active and<br />

passive open space in the municipal area.<br />

4.3.3 The taking of cash in lieu is to be the preferred option for<br />

public open space contribution.<br />

4.3.4 A contribution for public open space is based on a contribution<br />

not exceeding one twentieth of the value of all new lots created<br />

by subdivision.<br />

4.3.5 Such monies must be held in trust and used to further strategic<br />

purchase or improvement of land(s) dedicated to public open<br />

space in the municipal area.<br />

4.4 Principles – Land Contribution<br />

The contribution is to be taken in land where any of the following<br />

apply:<br />

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<strong>Council</strong> Reports<br />

4.4.1 There is an identified deficiency of public open space in the<br />

vicinity of the land being subdivided and part of the land is<br />

suitable for public open space in terms of useable shape and<br />

area, topography, other physical characteristics and<br />

accessibility and safety for the public.<br />

4.4.2 The taking of the land as public open space will facilitate the<br />

conservation of a significant natural or cultural heritage feature<br />

of the land for the benefit of the community.<br />

4.4.3 Part of the land will facilitate linkages between public land as<br />

part of an open space network.<br />

4.4.4 The open space area is required as a stormwater retention basin<br />

on site. Apart from provision for littoral and riparian reserves<br />

as provided for in the Act, land set aside as a stormwater<br />

retention basin will not be deemed as satisfying a public open<br />

space requirement unless the land also exhibits adequate value<br />

to the public in accordance with the above specifications.<br />

4.5 Principles - Requiring a lesser Public Open Space Contribution<br />

5.0 Legislation<br />

4.5.1 Where deemed appropriate, <strong>Council</strong> may determine that a<br />

public open space contribution of less than one twentieth of the<br />

value of the land being subdivided is appropriate. This may<br />

occur where it is considered that land being subdivided is in a<br />

municipal area that is adequately provided with a hierarchy of<br />

passive and active open space areas that do not require<br />

improvement.<br />

4.5.2 In such a case, there should still be a contribution made towards<br />

the provision of open spaces at a district or regional level but at<br />

a lesser rate than one twentieth of the value of the land being<br />

subdivided.<br />

Local Government (Building & Miscellaneous Provisions) Act 1993<br />

Land Use Planning & Approvals Act 1993<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000<br />

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<strong>Council</strong> Reports<br />

6.0 Responsibility<br />

The consideration of this policy during the assessment of all subdivision<br />

applications is the responsibility of the Director Development Services.<br />

<strong>Council</strong> is the responsible body for ensuring decisions made at <strong>Council</strong><br />

meetings are consistent with the objectives of the policy.<br />

7.0 Minute Reference<br />

Minute No. 6/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

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<strong>Council</strong> Reports<br />

POLICY NAME<br />

DOC NO: D 3.2.2<br />

SUBDIVISION DEVELOPMENT BOND<br />

POLICY<br />

VERSION<br />

2<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2011<br />

1.0 Purpose<br />

This policy establishes guidelines for the levying of a monetary bond as a<br />

guarantee for the completion of subdivision development works.<br />

2.0 Objective<br />

3.0 Scope<br />

4.0 Policy<br />

The adoption of a policy addressing the levying of bonds for completion of<br />

subdivisional development works will give certainty and consistency to<br />

<strong>Council</strong>’s practice of being able to levy a bond to guarantee completion of<br />

subdivision works and the rectification of substandard works.<br />

This policy shall apply to all applications to <strong>Council</strong> to seal the Final Survey<br />

Plan of a subdivision where the applicant agrees to pay a bond for all<br />

outstanding works as required on the original planning permit issued.<br />

4.1 A bond or bank guarantee is to be lodged by the developer to cover all<br />

outstanding or uncompleted works.<br />

4.2 The bond is to be determined by <strong>Council</strong> based on the submission of<br />

two valuations for all outstanding works (plus 20% of the maximum<br />

amount).<br />

4.3 The bond is to be held for a maximum of twelve months after the<br />

sealing of the Final Survey Plan by <strong>Council</strong>. Any outstanding or<br />

substandard works not completed by the developer within this time are<br />

to be completed by <strong>Council</strong> and the balance of the Bond, if any,<br />

refunded to the developer.<br />

4.4 A bond can be required for a maintenance period following sealing of<br />

Final Survey plans. Such a maintenance bond to be 5% of the<br />

construction costs of the works.<br />

4.5 Prior to maintenance works being undertaken during the maintenance<br />

period a ‘show cause’ request is to be delivered to the developer by<br />

<strong>Council</strong> with <strong>Council</strong> carrying out the outstanding work should the<br />

developer not comply with the request.<br />

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<strong>Council</strong> Reports<br />

5.0 Legislation<br />

Local Government (Building & Miscellaneous Provisions) Act 1993<br />

Land Use Planning & Approvals Act 1993<br />

6.0 Responsibility<br />

<strong>Council</strong> is the responsible body for ensuring decisions made at <strong>Council</strong><br />

meetings are consistent with policy. The operational implementation of this<br />

policy is the responsibility of the Director Development Services.<br />

7.0 Minute Reference<br />

Minute No. 6/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

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<strong>Council</strong> Reports<br />

POLICY NAME<br />

DOC NO: D 3.2.3<br />

STAGED DEVELOPMENT<br />

APPLICATIONS UNDER THE STRATA<br />

TITLES ACT 1998 POLICY<br />

VERSION<br />

2<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2011<br />

1.0 Purpose<br />

This Policy establishes guidelines for the handling of applications for staged<br />

development strata schemes under the Strata Titles Act 1998.<br />

2.0 Objective<br />

3.0 Scope<br />

4.0 Policy<br />

The adoption of a policy on the handling of applications for staged strata<br />

schemes will give certainty and consistency to <strong>Council</strong>’s consent conditions of<br />

permit and confidence in the issue of strata title for any staged unit<br />

developments.<br />

This policy shall apply to all applications to <strong>Council</strong> for a staged development<br />

scheme under the Strata Titles Act 1998.<br />

4.1 That authority to approve a Staged Development Scheme under Part 3<br />

of the Strata Titles Act 1998 is delegated to the Director Development<br />

Services.<br />

4.2 That <strong>Council</strong> not approve any application for a Scheme in Principle<br />

that seeks an exemption from the requirements for Certificates of<br />

Approval under Part 2 of the Strata Titles Act 1998.<br />

4.3 That prior to any stage being certified by <strong>Council</strong> the development<br />

complies with the conditions of the planning permit issued and the<br />

requirements of the Building Act 2000.<br />

4.4 That, for staged multi unit developments at ground level, the following<br />

requirements are to be met in accordance with the planning permit<br />

issued:<br />

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<strong>Council</strong> Reports<br />

4.4.1 Prior to the certification of the first stage (Stage One) of the<br />

development, all common areas are to be fully constructed,<br />

including driveways, car parking areas and landscaping of the<br />

site, including the construction of retaining walls on constricted<br />

sites.<br />

4.4.2 Prior to the certification of the first stage (Stage One) of the<br />

development, all excavation works for all latter units are to be<br />

undertaken and, where required, footings poured on constricted<br />

sites.<br />

4.4.3 Prior to the certification of the first stage (Stage One) of the<br />

development, at least the initial developer-nominated units of<br />

the development and preferably the first two units must be fully<br />

completed, with all relevant Certificates issued as required<br />

under the Building Act 2000.<br />

4.4.4 Prior to the certification of the first stage (Stage One) of the<br />

development, substantial fencing between Stage 1 and the bulk<br />

of the site is to be erected.<br />

4.4.5 No further works within the land area of the first stage (Stage<br />

One) are to be undertaken in subsequent stages without the<br />

consent of <strong>Council</strong>.<br />

4.4.6 Prior to the certification of any subsequent stages of the<br />

development all Lots are to have full reticulation of services.<br />

4.4.7 Prior to the certification of any subsequent stages of the<br />

development, all units must be totally completed, with all<br />

relevant Certificates issued as required under the Building Act<br />

2000.<br />

4.5 That, for staged multi storey developments, the following requirements<br />

are to be met in accordance with the planning permit issued:<br />

4.5.1 Prior to the certification of the strata plan for each and every<br />

subsequent stage of the development, each floor level must be<br />

fully completed, with all relevant Certificates issued under the<br />

Building Act 2000 and all of the common areas finished for that<br />

level of the development.<br />

4.5.2 The whole of the road frontage common areas to the relevant<br />

development stage are to be completed.<br />

4.5.3 All car-parking areas associated with the relevant development<br />

stage of the development, internal and/or external, are to be<br />

fully developed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 95


<strong>Council</strong> Reports<br />

5.0 Legislation<br />

Strata Titles Act 1998<br />

Building Act 2000<br />

Land Use Planning & Approvals Act 1993<br />

6.0 Responsibility<br />

<strong>Council</strong> is the responsible body for ensuring decisions made at <strong>Council</strong><br />

meetings are consistent with policy. The operational implementation of this<br />

policy is the responsibility of the Director Development Services.<br />

7.0 Minute Reference<br />

Minute No. 6/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 96


<strong>Council</strong> Reports<br />

POLICY NAME<br />

DOC NO: D 3.2.4<br />

STANDARD DEVELOPMENT PERMIT<br />

CONDITIONS POLICY<br />

VERSION<br />

2<br />

DATE<br />

<strong>21</strong>/01/08<br />

CONTROLLER: APPROVED BY: REVIEW DATE:<br />

GENERAL MANAGER COUNCIL JANUARY 2011<br />

1.0 Purpose<br />

The purpose of this policy is to provide guidance in the application of standard<br />

conditions contained in planning permits issued under delegated authority<br />

pursuant to Section 6 of the Land Use Planning and Approvals Act 1993.<br />

2.0 Objective<br />

3.0 Scope<br />

4.0 Policy<br />

The objective of the policy is to ensure that the exercise of delegated authority<br />

on behalf of the Planning Authority (<strong>Council</strong>) is carried out in a controlled and<br />

consistent manner with respect to standard conditions imposed when<br />

determining planning applications.<br />

The scope of this policy includes all decisions made under delegated authority<br />

on behalf of the Planning Authority (<strong>Council</strong>).<br />

4.1 The delegated authority provided to the Director Development<br />

Services (or a person acting in that position), under Section 6 of the<br />

Land Use Planning and Approvals Act 1993, for approvals under<br />

Section 57 and 58 of the Act and the imposition of conditions is to be<br />

discharged such that conditions imposed under the following<br />

categories to ensure compliance with the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning<br />

Scheme 2000 are viewed by <strong>Council</strong> as valid standard conditions for<br />

the purposes of the delegated authority.<br />

4.2 Conditions which are beyond the scope of the listed categories are to<br />

be presented to <strong>Council</strong> as part of a recommendation for a planning<br />

application and may, at the discretion of the <strong>Council</strong>, be incorporated<br />

as a standard condition within the scope of this policy at the time of<br />

determination of the application before <strong>Council</strong>.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 97


<strong>Council</strong> Reports<br />

4.3 Table of standard condition categories:<br />

CATEGORY<br />

SCOPE OF CONDITIONS IMPOSED<br />

Compliance with plans<br />

generally<br />

• Ensure development is in accordance with<br />

plans.<br />

• Allow for minor modifications to require<br />

consent of <strong>Council</strong>.<br />

• Provide for minor variations to submitted<br />

plans.<br />

• Provide for submission of revised<br />

drawings.<br />

• Ensure use is consistent with approved<br />

plans.<br />

Advertising signage • Provide for limitations on erection of<br />

further signage.<br />

• Provide for control of size, illumination,<br />

condition, lighting, and positioning of<br />

signage.<br />

Amenity<br />

• Provide for environmental control of site.<br />

• Ensure visual amenity of area.<br />

Design • Ensure appropriate external finishes,<br />

materials and design are utilised.<br />

Home occupation<br />

• Provide for control of the use to minimise<br />

impact on neighbouring uses.<br />

Hours of operation<br />

• Provide for time controls on the use to<br />

minimise impact on neighbouring uses.<br />

Landscaping<br />

• Ensure appropriate landscaping provisions<br />

are applied to the site.<br />

Lighting<br />

• Ensure impact of external lighting is<br />

controlled to minimise impact on<br />

neighbouring uses.<br />

Environmental • Ensure appropriate control of the<br />

environmental impact of the use both<br />

during and after the construction phase.<br />

• Provide for the appropriate protection of<br />

the use.<br />

• Provide for control of off-site impacts.<br />

Engineering • Provide for engineering works in<br />

accordance with <strong>Council</strong>’s policy on the<br />

Standard Requirements for the<br />

Construction of New Infrastructure Assets<br />

and the Replacement of Existing<br />

Infrastructure Assets.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 98


<strong>Council</strong> Reports<br />

CATEGORY<br />

Access<br />

Car parking and Loading<br />

Multiple Dwelling<br />

developments<br />

Subdivisions<br />

Part 5 Agreements other than<br />

subdivision<br />

SCOPE OF CONDITIONS IMPOSED<br />

• Provide for appropriate construction of<br />

crossovers and/or driveways and<br />

protection of <strong>Council</strong> roads.<br />

• Ensure appropriate layout and number of<br />

parking spaces.<br />

• Ensure appropriate delivery controls to<br />

site.<br />

• Provide for revision of submitted plans<br />

relating to car parking design.<br />

• Provide for appropriate facilities on the<br />

site.<br />

• Provide for equity of access to the site.<br />

• Ensure the development is completed in a<br />

controlled manner.<br />

• Provide for issuance of final sealed plans to<br />

be conditional on completion of permit<br />

conditions.<br />

• Provide for minor alterations/additions to<br />

the final plans prior to lodgement for<br />

sealing.<br />

• Provide for application of a public open<br />

space contribution in accordance with<br />

<strong>Council</strong>’s Public Open Space Contribution<br />

Policy.<br />

• Provide for consolidation of titles.<br />

• Provide for the taking of bonds in relation<br />

to proposed works in accordance with<br />

<strong>Council</strong>’s Subdivision Development Bond<br />

Policy.<br />

• Provide appropriate environmental<br />

protection of the lots.<br />

• Ensure the community does not cover the<br />

costs associated with the development.<br />

• Provide for application of Part 5<br />

Agreements to ensure the objectives of the<br />

Planning Scheme are met.<br />

• Provide for engineering works in<br />

accordance with <strong>Council</strong>’s policy on the<br />

Standard Requirements for the<br />

Construction of New Infrastructure Assets<br />

and the Replacement of Existing<br />

Infrastructure Assets.<br />

• Provide for application of Part 5<br />

Agreements to ensure the objectives of the<br />

Planning Scheme are met.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 99


<strong>Council</strong> Reports<br />

CATEGORY<br />

Bonds generally<br />

SCOPE OF CONDITIONS IMPOSED<br />

• Provide for the taking of bonds relating to<br />

approved works in a similar manner to the<br />

procedures set out under <strong>Council</strong>’s<br />

Subdivision Development Bond Policy.<br />

5.0 Legislation<br />

Land Use Planning and Approvals Act 1993<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000<br />

6.0 Responsibility<br />

The Director Development Services is the responsible officer for the<br />

operational implementation of this policy.<br />

7.0 Minute Reference<br />

Minute No. 6/08.<br />

8.0 <strong>Council</strong> Meeting Date<br />

<strong>21</strong> <strong>January</strong> <strong>2008</strong>.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 100


Correspondence<br />

CORRESPONDENCE<br />

MOVED BY<br />

SECONDED BY<br />

CR WALSH<br />

CR MOORE<br />

That the correspondence be noted.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

7/08 CODE OF CONDUCT COMPLAINT – KEEGAN/MOORE -<br />

INFORMATION FOR OPEN COUNCIL<br />

CR MOORE declared an interest in this agenda item and left the meeting at<br />

6:27 PM.<br />

The Mayor is in receipt of correspondence from the LGAT Standards Panel<br />

outlining the Panel’s determination in relation to a complaint lodged by Julie<br />

and Peter Keegan against <strong>Council</strong>lor David Moore.<br />

Notification of the determination was sent to the parties on 19 November 2007<br />

and no advice had been received from either part of their intention to appeal<br />

the determination.<br />

As a result a copy of the Standards Panel’s Report in relation to the complaint<br />

was provided. Regulation 22K (3) specifies what is to be made available to<br />

“closed” and “open” <strong>Council</strong>:<br />

22K Standards Panel to report to mayor<br />

(3) On receiving a report, the mayor (or, if appropriate, the deputy<br />

mayor) is to ensure that –<br />

(a)<br />

(b)<br />

the report is tabled at the next available closed meeting of the<br />

council; and<br />

the following information from the report is tabled at the next<br />

available open meeting of the council:<br />

a summary of the complaint;<br />

the determination;<br />

any sanctions imposed on the respondent councillor;<br />

if a sanction has been imposed, the name of the respondent<br />

councillor.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 101


Correspondence<br />

The following are extracts from the Standards Panel’s document “Information<br />

for Open <strong>Council</strong>” (the complete document is included within the enclosure<br />

document).<br />

1. Summary of Complaint<br />

1.1 On 13 September 2007, Mr and Mrs Peter and Julie Keegan wrote to the<br />

Mayor of <strong>Waratah</strong>-<strong>Wynyard</strong> making a complaint in relation to the alleged<br />

failure of <strong>Council</strong>lor David Moore to comply with the <strong>Waratah</strong>-<strong>Wynyard</strong><br />

<strong>Council</strong> Code of Conduct (the Code).<br />

1.2 The complaint arose from the way in which Cr Moore dealt with a<br />

development application (DA79/2007) relating to a property adjoining<br />

that owned by Mr and Mrs Keegan. In summary, it alleged that Cr Moore:<br />

• did not act fairly before and during a <strong>Council</strong> meeting which<br />

considered the development application;<br />

• spoke inappropriately during the meeting about <strong>Council</strong> staff; and<br />

• inappropriately applied to become a party to an appeal against the<br />

<strong>Council</strong>’s decision on the development application, which had been<br />

lodged by Mr and Mrs Keegan and others with the Resource<br />

Management and Planning Appeal Tribunal (RMPAT).<br />

1.3 Part 3 of the Code is entitled “Ethics in Respect of Performing the<br />

Functions and Exercising the Power of a <strong>Council</strong>lor”. The complaint<br />

alleges that Cr Moore’s conduct did not meet a number of the ethical<br />

expectations of a <strong>Council</strong>lor set out in that part of the Code.<br />

1.4 Part 4 of the Code is entitled “Matters subject to the Code of Conduct”.<br />

(for details refer Standards Panel’s information in the enclosure document)<br />

1.5 The complaint alleged that other specific provisions of the Code were<br />

breached, but the Standards Panel considered that the paragraphs listed<br />

above are those which were relevant to a consideration of the conduct<br />

which the complaint alleged to have occurred.<br />

2. Determination<br />

2.1 The Standards Panel determined that Cr Moore breached the Code,<br />

Paragraph 4.1 Conflicts of Interest, in that he failed to perform his<br />

duties impartially and in the best interests of the community, without<br />

fear or favour (contrary to Paragraph 4.1.2); and in that he had a<br />

closed mind in relation to a matter to be considered by the <strong>Council</strong><br />

(contrary to Paragraph 4.1.4).<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 102


Correspondence<br />

2.2 The Standards Panel determined that Cr Moore breached the Code,<br />

Paragraph 4.6 Relationships with the community, other <strong>Council</strong>lors<br />

and <strong>Council</strong> employees, in that he failed to seek community opinions<br />

and involvement in the governance of the municipal area (contrary to<br />

Paragraph 4.6.3) and in that he failed to take necessary steps to ensure<br />

the appropriate stakeholders had the opportunity to be involved in<br />

decisions that affected them and the community (contrary to<br />

Paragraph 4.6.4)<br />

2.3 In accordance with the Local Government (General) Regulations 2005,<br />

Regulation 22J(4), the Standards Panel, having upheld these<br />

complaints, imposed a caution on Cr Moore, and required him to<br />

apologise to Mr and Mrs Keegan, as people affected by his failure to<br />

comply with the Code.<br />

2.4 The Standards Panel noted that there is insufficient evidence for it to<br />

find that the behaviour and language used by Cr Moore in debating the<br />

motion was so offensive as to breach the Code of Conduct. However,<br />

the purpose of the Code is to establish a standard that is acceptable to<br />

members of the public. In this case, at least two members of the public<br />

were offended by Cr Moore’s behaviour and language, and thus the<br />

Standards Panel urged the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> to insist on<br />

acceptable standards in <strong>Council</strong> meetings.<br />

2.5 The Standards Panel also believed that, in order to avoid any<br />

recurrence of such incidents, the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> should<br />

ensure that all elected members are fully aware of the regulations,<br />

procedures and obligations governing their operations as a Planning<br />

Authority.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DUNIAM<br />

That the LGAT’s Standards Panel information be noted.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 103


Correspondence<br />

MOVED BY<br />

SECONDED BY<br />

CR FAIRBROTHER<br />

CR DUNIAM<br />

IN FAVOUR<br />

That <strong>Council</strong> communicate with the Director Local Government requesting<br />

that the investigative powers of such a Panel be broadened and that under the<br />

Code where breaches are identified the penalties be strengthened.<br />

CR DUNIAM CR FAIRBROTHER CR FRIEDERSDORFF CR PENDLEBURY CR RANSLEY<br />

CR WALSH MAYOR HYLAND<br />

AGAINST<br />

CR BRAMICH<br />

Enclosures:- refer to Enclosure Document Page 133<br />

- LGAT Standards Panel – 17 December 2007<br />

CARRIED<br />

CR MOORE returned to the meeting at 6:57 PM.<br />

8/08 GOLDIE STREET MATTERS - OLD BASS HIGHWAY SPEED LIMIT<br />

SIGNAGE AND GUTTERIDGE GARDENS ENTRANCE FOOTWAY<br />

(RS102, 606.03)<br />

Correspondence has been received from John and Stephanie Symonds of East<br />

<strong>Wynyard</strong> suggesting, firstly, that the existing speed limit sign in Goldie Street<br />

near the driveway entrance to the Waterfront Motel be relocated to a point just<br />

east of Martin Street for road safety reasons and because of the varying road<br />

widths and intersections between those points and, secondly, that the existing<br />

steep gravel pathway to Gutteridge Gardens just east of the Goldie Street car<br />

park be either removed or sealed to overcome the safety risk it currently<br />

presents to users.<br />

OFFICERS COMMENT<br />

It is not considered likely that relocation of the speed limit sign would result in<br />

any significant change or improvement to the existing traffic situation. The<br />

current position provides immediate notification of the speed limit to<br />

eastbound traffic entering Goldie Street from Dodgin Street, which would<br />

include hire car drivers having just arrived in the state via the airport and, for<br />

that reason alone, it should remain.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 104


Correspondence<br />

The footway on the eastern side of the car park connecting Goldie Street and<br />

the pathway in Gutteridge Gardens will be assessed in terms of the risk<br />

presented by the loose surface gravel, the options available to address this and<br />

their respective cost implications.<br />

Dependent upon the assessment, the matter will be either dealt with as a<br />

normal maintenance issue or referred to <strong>Council</strong> for further consideration.<br />

MOVED BY<br />

SECONDED BY<br />

CR WALSH<br />

CR RANSLEY<br />

That Mr and Mrs Symonds be thanked for raising these issues and informed in<br />

accordance with the officers’ comments.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

Enclosures:- refer to Enclosure Document Page 138<br />

- Letter – Mr & Mrs Symonds – 7 <strong>January</strong> <strong>2008</strong><br />

CARRIED UNANIMOUSLY<br />

9/08 CAM RIVER RESERVE – TREE LIGHTING – MRS L NEWMAN<br />

(607.08)<br />

Mrs Lesley Newman of Somerset has written suggesting that spot lights or<br />

fairy lights be installed on trees and on the “Port Maldon” boat structure in the<br />

Cam River Reserve to enhance the appearance of the area at night to passing<br />

motorists, particularly tourists.<br />

OFFICERS COMMENT<br />

Floodlighting is now commonly used throughout the State to highlight<br />

significant buildings and specimen trees and it does provide an effective<br />

means of showcasing local features to the travelling public.<br />

In the case of the trees and boat structure in the Cam River Reserve, they are a<br />

reasonable distance from the Bass Highway and floodlighting is more likely to<br />

merely enhance general ambience than showcase the selected features,<br />

nevertheless it is suggested that Mrs Newman’s suggestion does warrant<br />

further evaluation by <strong>Council</strong> staff and that a report be provided for <strong>Council</strong><br />

consideration.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 105


Correspondence<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR MOORE<br />

That <strong>Council</strong> staff be requested to evaluate and report on the suggestion of<br />

floodlighting of features in the Cam River Reserve and that Mrs Newman be<br />

advised of this action.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

Enclosures:- refer to Enclosure Document Page 139<br />

- Letter – Mrs L Newman – 4 <strong>January</strong> <strong>2008</strong><br />

CARRIED UNANIMOUSLY<br />

10/08 CAM RIVER RESERVE –VEHICLES ACCESSING GRASSED AREA<br />

(607.08)<br />

Correspondence has been received from Mr L J McCarthy of Elliott,<br />

expressing concern about a situation whereby he recently observed at least 15<br />

motor vehicles parked on the grassed area of the Cam River Reserve, not only<br />

negating the beauty of the reserve but also potentially compromising safety of<br />

users, particularly children. He asked that <strong>Council</strong> take prompt action to<br />

prevent such antisocial behaviour in future.<br />

OFFICERS COMMENT<br />

In recent years the Cam River Reserve has become a particularly popular<br />

summer recreational area because of its central location, the facilities it<br />

provides and its proximity to the general swimming spots in the river. The<br />

parking of vehicles in the reserve does occur, as evidenced by Mr McCarthy,<br />

principally on weekends, summer evenings and when the tide best suits<br />

swimming.<br />

Vehicular access to the area can only be gained by vehicles traversing the kerb<br />

and channel in the northern section of the Murchison Highway and physically<br />

preventing this would require extending vehicle barriers over the whole of the<br />

reserve’s road frontage, which is not supported for capital cost implications<br />

and reason of reduced aesthetics.<br />

The practice is generally restricted to summers months, there is no evidence<br />

that any damage to the area is occurring as a result or that it presents<br />

significant risk of injury to users of the reserve.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 106


Correspondence<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR MOORE<br />

That Mr McCarthy be thanked for his correspondence and advised that whilst<br />

<strong>Council</strong> appreciates his views, it does not wish to discourage active use of the<br />

area by the public and as, in its view, the parking of vehicles on the grass<br />

presents no significant physical damage or risk of injury to users, it does not<br />

favour substantial expenditure to prevent or control the practice.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

Enclosures:- refer to Enclosure Document Page 140<br />

- Letter – LJ McCarthy – 9 <strong>January</strong> <strong>2008</strong><br />

CARRIED UNANIMOUSLY<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 107


Information Report<br />

INFORMATION REPORT<br />

11/08 INFORMATION REPORT – 31 DECEMBER 2007<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DUNIAM<br />

That the Information Report be received.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

FINANCIAL REPORT FOR THE PERIOD ENDED 31 DECEMBER 2007<br />

Enclosures:- refer to Enclosure Document Page 141<br />

- Financial Report<br />

GIFTS AND DONATIONS<br />

Organisation<br />

Minute Committed Paid<br />

Ref.<br />

Boat Harbour Beach Surf Lifesaving Club 107/07 900 900<br />

<strong>Wynyard</strong> AFL Auskick Centre Inc 107/07 500<br />

<strong>Wynyard</strong> Golf Club Inc 107/07 900<br />

<strong>Wynyard</strong> Yacht Club Inc 107/07 723 723<br />

<strong>Wynyard</strong> Football Club 107/07 1,500 1,500<br />

<strong>Wynyard</strong> Cricket Club 107/07 4,000 4,000<br />

Inglis Pony Club 107/07 500 500<br />

<strong>Wynyard</strong> Softball Club 107/07 500 500<br />

<strong>Wynyard</strong> Soccer Club 107/07 250 250<br />

<strong>Wynyard</strong> Gymnastics Club Inc 107/07 <strong>21</strong>9 <strong>21</strong>9<br />

Somerset Surf Lifesaving Club 107/07 900<br />

<strong>Wynyard</strong> Squash Racquets Association 107/07 600<br />

<strong>Wynyard</strong> Bowls Club 107/07 1,500 1,500<br />

Samurai Ju-Jitsu Fed Tas 107/07 1,000 1,000<br />

Hellyer College 107/07 500 500<br />

<strong>Wynyard</strong> Rainbow Guides 107/07 500<br />

Somerset Girl Guide Support Group 107/07 500<br />

1st <strong>Wynyard</strong> Scout Group 107/07 1,000 1,000<br />

Lighthouse Cluster of Schools 107/07 2,682 2,682<br />

<strong>Waratah</strong> Primary School 107/07 100 100<br />

<strong>Wynyard</strong> Leo Club 107/07 200 200<br />

Elliott District Association 107/07 1,200<br />

Myalla Community Centre Inc 107/07 300 300<br />

Yolla Memorial Hall 107/07 1,200<br />

Australian Breastfeeding Association 107/07 611 611<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 108


Information Report<br />

Organisation<br />

Minute Committed Paid<br />

Ref.<br />

GROW Tasmania 107/07 720 720<br />

Women of the World 107/07 60 60<br />

<strong>Wynyard</strong> Carers Support Group 107/07 300 300<br />

<strong>Wynyard</strong> Camera Club 107/07 330 330<br />

Sizzling Seniors 107/07 500 500<br />

<strong>Wynyard</strong> Ladies Probus 107/07 100 100<br />

The North West Bird Club 107/07 399 399<br />

Cam / Somerset Neighbourhood Watch 107/07 200 200<br />

Central <strong>Wynyard</strong> Neighbourhood Watch 107/07 200 200<br />

Somerset Safety House Committee 107/07 300 300<br />

Somerset Pageant Committee 107/07 500 500<br />

Lions Club of <strong>Wynyard</strong> 107/07 1,000 1,000<br />

<strong>Wynyard</strong> Garden Club Inc. 107/07 700 700<br />

<strong>Wynyard</strong> Municipal Band Inc. 107/07 3,000 3,000<br />

<strong>Wynyard</strong> Working Sheep Dog Club 107/07 500 500<br />

Lighthouse Film Society 107/07 1,500 1500<br />

<strong>Wynyard</strong> Community Arts Centre 107/07 550 550<br />

Inglis District Country & Variety Music Assoc 107/07 1,000 1,000<br />

Preolenna Mothers Group - TCA 107/07 250 250<br />

Coast FM 107/07 1,000 1,000<br />

Vincent Industries Inc - <strong>Wynyard</strong> 107/07 1,000 1,000<br />

Yolla District High School – Rock Eisteddfod 167/07 1,000 1,000<br />

Powerstation Gym 251/07 354.20 354.20<br />

Ability Tasmania Group 500 500<br />

TOTAL OF COMMUNITY ASSISTANCE<br />

SMALL GRANTS<br />

38,748.20 40,448.20<br />

Summary of Gifts and Donations to date<br />

Budget Allocation $42,000<br />

Approved Expenditure 38,748<br />

Balance Unallocated $3,252<br />

COMMUNITY SERVICES<br />

CHILDREN’S SERVICES<br />

The children at the Centre have been having regular visits to the library to<br />

promote literacy and, also, inclusion in the community.<br />

The staff have commenced reviewing current practices in accordance with<br />

Accreditation Principles for childcare. A resource has been developed and<br />

implemented to assist staff through this process.<br />

Bookings for the Vacation Care Program have commenced and initial interest<br />

has been very good.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 109


Information Report<br />

The Link Child Care Centre<br />

Utilisation<br />

80<br />

70<br />

60<br />

50<br />

40<br />

30<br />

20<br />

10<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

<strong>Wynyard</strong> OSHC<br />

Utilisation<br />

40<br />

35<br />

30<br />

25<br />

20<br />

15<br />

10<br />

5<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 110


Information Report<br />

Somerset OSHC<br />

14<br />

Utilisation<br />

12<br />

10<br />

8<br />

6<br />

4<br />

2<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

Boat Harbour ASC<br />

12<br />

10<br />

Utilisation<br />

8<br />

6<br />

4<br />

2<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 111


Information Report<br />

<strong>Waratah</strong> Child Care Centre<br />

Utilisation<br />

14<br />

12<br />

10<br />

8<br />

6<br />

4<br />

2<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

TOURISM<br />

A prospectus of the Wonders of <strong>Wynyard</strong> has been sent to South Pacific Tours<br />

for consideration for inclusion in the <strong>2008</strong>/2009 cruising offshore activity<br />

itineraries for cruise ships coming into Burnie. Submissions are reviewed in<br />

April <strong>2008</strong> and <strong>Council</strong> will be notified thereafter.<br />

Cradle Coast Tours have confirmed that the Wonders of <strong>Wynyard</strong> will be<br />

included on the Stanley Tour itinerary that is offered to cruise ship passengers<br />

not already participating in pre-confirmed offshore tours.<br />

A letter and brochure has been sent to AAT Kings requesting that the Wonders<br />

of <strong>Wynyard</strong> be included on their North West tours.<br />

The next newsletter to operators will be sent in <strong>January</strong>. Topics to be<br />

discussed in the newsletter include:<br />

• Proposed tourism boundary changes by Tourism Tasmania<br />

• Australia Day Aussie Breakfast<br />

• Update on the Tulip Festival<br />

The Cradle Coast Authority has distributed the North West Regional Guide,<br />

and work has already commenced on increasing and enhancing the <strong>Waratah</strong>-<br />

<strong>Wynyard</strong> content for the 2009 edition.<br />

<strong>Council</strong> received a grant for $5,000 to improve interpretive signage at the<br />

<strong>Waratah</strong> museum, and to develop a <strong>Waratah</strong> tourism booklet. Work will<br />

commence on these projects in the next few months.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 112


Information Report<br />

WONDERS OF WYNYARD EXHIBITION CENTRE<br />

Volunteers received a certificate recognising their services as volunteers to the<br />

community in celebration of “International Volunteers Day” on December 6.<br />

There was a ‘Famil Tour’ organised in December covering accommodation<br />

services in <strong>Wynyard</strong>, Boat Harbour, Sisters Beach, Yolla and Somerset. 28<br />

volunteers and 3 staff participated in tour.<br />

Installation of the cooling system at the Centre started in December with<br />

electrical cable and vents installed. The fans have also been installed with<br />

speed sensors to be completed in <strong>January</strong>.<br />

Wonders of <strong>Wynyard</strong> Exhibition Centre<br />

Visitor Information Centre Utilisation<br />

5000<br />

Visitors<br />

4000<br />

3000<br />

2000<br />

1000<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

Wonders of <strong>Wynyard</strong> Exhibition Centre<br />

Exhibition Hall Utilisation<br />

1000<br />

Visitors<br />

800<br />

600<br />

400<br />

200<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Month<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 113


Information Report<br />

Wonders of <strong>Wynyard</strong> Exhibition Centre Income<br />

15000<br />

13000<br />

11000<br />

Income<br />

9000<br />

7000<br />

5000<br />

3000<br />

2005/2006<br />

2006/2007<br />

2007/<strong>2008</strong><br />

1000<br />

-1000<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

Months<br />

Income Breakdown 2007/<strong>2008</strong><br />

Income<br />

4000<br />

3500<br />

3000<br />

2500<br />

2000<br />

1500<br />

1000<br />

500<br />

0<br />

July<br />

Aug<br />

Sept<br />

Oct<br />

Nov<br />

Dec<br />

Months<br />

Jan<br />

Feb<br />

March<br />

April<br />

May<br />

June<br />

Ex Hall<br />

Merch<br />

Other<br />

COMMUNITY DEVELOPMENT<br />

<strong>Council</strong> received a grant for $9,700 from the Tasmanian Early Years<br />

Foundation to develop and implement the Parent Information Pack Project.<br />

Project outline:<br />

The loose-leaf Information Pack is similar to the Community Directory, but<br />

specifically targeting families. Providers can promote programs and services<br />

through the pack.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 114


Information Report<br />

Child development information and location of child friendly facilities eg<br />

public toilets, parks, etc. are also included and mapped. Folders will be<br />

provided to parents of each child born in the Northwest Regional Hospital,<br />

Burnie Campus from this municipal area and to parents accessing the<br />

Childcare Centre. Availability will be promoted through a poster. The<br />

project targets families with children under five years of age in the Somerset,<br />

<strong>Waratah</strong> and <strong>Wynyard</strong> communities.<br />

Learn to Swim Program:<br />

Swimming instructors have been employed and applications for places<br />

received. The swimming program has been organised with pool conditions<br />

and environment being prepared and monitored.<br />

WASTE MANAGEMENT – TRANSFER STATION<br />

Month Waste Station Fees Collected $ <strong>Waratah</strong> No. of Bins<br />

2005/2006 2006/2007 2007/<strong>2008</strong> 2006/2007 2007/<strong>2008</strong><br />

July 6,319.97 7,935.92 10,395.93 1 2<br />

August 6,182.46 9,849.11 10,287.24 2 3<br />

September 10,650.03 9,075.01 9,918.17 2 1<br />

October 8,730.04 10,339.98 11,429.12 2 2<br />

November 9,536.78 10,301.78 11,670.61 4 2<br />

December 12,006.35 9,881.35 11,133.15 1 2<br />

<strong>January</strong> 11,387.32 15,663.19 2<br />

February 9,177.71 10,8<strong>21</strong>.80 2<br />

March 7,938.47 10,614.57 2<br />

April 7,279.95 11,269.53 2<br />

May 8,145.00 8,570.91 2<br />

June 9,120.39 7,533.19 2<br />

Total $106,474.47 $1<strong>21</strong>,856.34 $64,834.22 24 12<br />

Month Port Latta Waste Transfer Tonnage Port Latta Household Garbage<br />

Tonnage<br />

2005/2006 2006/2007 2007/<strong>2008</strong> 2005/2006 2006/2007 2007/<strong>2008</strong><br />

July 191.06 183.34 229.24 224.58 229.60 237.02<br />

August 226.12 <strong>21</strong>9.64 225.70 255.26 273.76 260.44<br />

September 256.28 <strong>21</strong>5.18 232.02 254.82 271.11 262.12<br />

October 258.56 256.90 252.50 280.66 294.94 300.86<br />

November 3<strong>21</strong>.17 241.78 296.30 342.30 297.38 318.18<br />

December 279.38 262.36 291.84 295.02 255.36 285.26<br />

<strong>January</strong> 296.36 291.28 291.76 318.28<br />

February 240.82 243.66 262.28 264.34<br />

March 226.58 256.56 286.24 281.62<br />

April 201.78 230.82 239.08 267.60<br />

May 231.10 224.36 261.48 278.72<br />

June 204.02 197.40 239.06 243.38<br />

Total 2,933.23 2,823.28 1,527.60 3,232.54 3,276.09 1,663.88<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 115


Information Report<br />

WASTE MANAGEMENT – RECYCLING CRATE CONTENTS<br />

Month 2007/<strong>2008</strong><br />

Aluminium<br />

Cans<br />

Kgs<br />

Cardboard<br />

Kgs<br />

(+ papers<br />

Glass<br />

Kgs<br />

HDPE<br />

Kgs<br />

Milk<br />

Cartons<br />

Kgs<br />

Mixed<br />

Plastics<br />

Kgs<br />

Newspaper<br />

Kgs<br />

PET<br />

Kgs<br />

PVC<br />

Kgs<br />

Steel<br />

Cans<br />

Kgs<br />

from Oct)<br />

July 928 1,272 25,961 1,562 553 1,204 3,817 1,615 127 1,430<br />

August 1,059 1,066 16,168 802 145 304 3,199 750 110 1,280<br />

September 396 1,359 <strong>21</strong>,085 1,301 429 800 4,076 1,714 184 N/A<br />

October 736 14,800 18,032 1,150 322 644 N/A 1,885 276 1,748<br />

November 616 12,600 15,400 962 270 539 N/A 1,578 231 1,463<br />

December 600 12,300 15,150 937 262 525 N/A 1,537 225 1,425<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

WASTE MANAGEMENT – RECYCLING CRATE COLLECTION<br />

PARTICIPATION RATE<br />

Month 2006/07<br />

Percentage<br />

2007/08<br />

Percentage<br />

July N/A 42.50%<br />

August N/A 42.45%<br />

September N/A 42.36%<br />

October N/A 50.00%<br />

November N/A 47.60%<br />

December N/A 45.00%<br />

<strong>January</strong><br />

N/A<br />

February<br />

N/A<br />

March 35.1%<br />

April 42.6%<br />

May 39.2%<br />

June 41.4%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 116


Information Report<br />

337 CERTIFICATES – LAND INFORMATION CERTIFICATES<br />

Month 2005/2006 2006/2007 2007/<strong>2008</strong><br />

July 23 39 33<br />

August 36 28 43<br />

September 19 32 33<br />

October 29 40 40<br />

November 41 43 55<br />

December 33 27 35<br />

<strong>January</strong> 37 34<br />

February 33 43<br />

March 49 53<br />

April 24 47<br />

May 37 50<br />

June 40 43<br />

Total 401 479 239<br />

CEMETERIES – NUMBER OF INTERMENTS<br />

Cemetery 2005/2006 2006/2007 2007/<strong>2008</strong><br />

<strong>Wynyard</strong> Lawn 46 58 30<br />

<strong>Wynyard</strong> Old 2 1<br />

Flowerdale<br />

Somerset 1 1<br />

Yolla 1 1 1<br />

<strong>Waratah</strong> 2 1<br />

Total 51 62 32<br />

COUNCIL WEBSITE DATA<br />

Month 2006/07 2007/08<br />

July 1,545 2,524<br />

August 1,674 2,404<br />

September 1,578 2,848<br />

October 1,512 3,315<br />

November 1,545 3,075<br />

December 2,047 2,850<br />

<strong>January</strong> 2,425<br />

February 2,365<br />

March 2,957<br />

April 3,123<br />

May 3,598<br />

June 3,386<br />

TOTAL 27,755 17,016<br />

Number of Home Page Hits<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 117


Information Report<br />

ENVIRONMENTAL HEALTH<br />

Operational Aims 2007/<strong>2008</strong><br />

Immunisations<br />

The Public Health Act 1997 requires that <strong>Council</strong>s offer immunisations against<br />

a number of diseases. The following table will provide <strong>Council</strong> with details of<br />

the rate of immunisations provided through <strong>Council</strong> clinics. A monthly clinic<br />

is held at <strong>Wynyard</strong>, excepting December, with bi-monthly clinics at <strong>Waratah</strong>.<br />

2006/2007 2007/<strong>2008</strong><br />

Month Persons Vaccination Persons Vaccination<br />

July 5 8 13 19<br />

August 12 19 11 14<br />

September 3 5 7 8<br />

October 5 8 322 331<br />

November 11 17 Session<br />

Cancelled<br />

December 0 0 0 0<br />

<strong>January</strong> 8 17<br />

February 3 4<br />

March 324 327<br />

April 11 10<br />

May 28 35<br />

June 15 19<br />

TOTAL 742 786 353 372<br />

OTHER ENVIRONMENTAL HEALTH SERVICES<br />

Operational Aims 2007/<strong>2008</strong><br />

Determine acceptable and achievable levels of environmental and public health<br />

by ongoing monitoring, inspection, education and, where necessary, by<br />

applying corrective measures by mutual consent or application of legislation.<br />

Ensure safe standards of food offered for sale are maintained.<br />

2007/<strong>2008</strong> Notifiable Diseases Inspections of<br />

Registered Food<br />

Premises<br />

Abatement Notices<br />

Issued<br />

July 0 11 0<br />

August 0 9 0<br />

September 0 6 0<br />

October 0 15 0<br />

November 0 0 0<br />

December 0 6 0<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 118


Information Report<br />

2007/<strong>2008</strong> Notifiable Diseases Inspections of<br />

Registered Food<br />

Premises<br />

Abatement<br />

Improvement<br />

Notices Issued<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

TOTAL 0 47 0<br />

WATER SAMPLING<br />

Cam River Retic Water System ADWG Compliance Report YTD 31/12/2007<br />

100%<br />

Performance Level 'V' 98% Requirement<br />

90%<br />

80%<br />

70%<br />

60%<br />

50%<br />

40%<br />

30%<br />

20%<br />

10%<br />

0%<br />

Faecal<br />

Coliform<br />

Total<br />

Coliforms<br />

Aug-07 Sept-07 Oct- 07<br />

Nov - 07<br />

Dec- 07<br />

Sample Months<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 119


Information Report<br />

Yolla Retic Water System ADWG Compliance Report YTD 31/12/2007<br />

Performance Level 'V' 98% Requirement<br />

100%<br />

90%<br />

80%<br />

70%<br />

60%<br />

50%<br />

40%<br />

30%<br />

20%<br />

10%<br />

0%<br />

Faecal<br />

Coliforms<br />

Total<br />

Coliforms<br />

Aug-07 Sept-07 Oct-07 Nov-07 Dec- 07<br />

Sample Months<br />

<strong>Waratah</strong> Retic Water System ADWG Compliance Report YTD 31/12/2007<br />

Performance Level 'V' 98% Requirement<br />

100%<br />

90%<br />

80%<br />

70%<br />

60%<br />

50%<br />

40%<br />

30%<br />

20%<br />

10%<br />

0%<br />

Faecal<br />

Coliform<br />

Total<br />

Coliforms<br />

Aug- 07 Sept-07 Oct-07 Nov-07 Dec- 07<br />

Sample Months<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 120


Information Report<br />

HEALTH APPROVALS<br />

Determine acceptable and achievable levels of environmental and public<br />

health by ongoing monitoring, inspection, education and, where necessary by<br />

applying corrective measures by mutual consent or application of legislation.<br />

Ensure safe standards of food offered for sale are maintained.<br />

Registration Types – YTD Totals 2007/<strong>2008</strong><br />

Month<br />

Food<br />

Premises<br />

(FP)<br />

Temporary<br />

Food<br />

Premises<br />

(TFP)<br />

Places of<br />

Assembly<br />

(PA)<br />

Public Health<br />

Risk Activities<br />

(PHRA)<br />

Private Water<br />

Suppliers<br />

(PWS)<br />

July 82 5 29 5 0<br />

August 11 4 1 0 0<br />

September 10 3 0 0 2<br />

October 1 3 0 0 0<br />

November 0 2 0 0 0<br />

December 0 1 0 0 0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

TOTAL 104 18 30 5 2<br />

BUILDING APPROVALS<br />

Permit<br />

Number<br />

Operational Aims 2007/<strong>2008</strong><br />

• Process Building Applications as expeditiously as possible<br />

• Apply building legislative requirements<br />

Building Approvals 2007/<strong>2008</strong> – YTD Totals 117<br />

Development<br />

Value<br />

$<br />

Application<br />

Fees<br />

$<br />

Class<br />

Approving<br />

Officer<br />

Permit<br />

Date<br />

Approve<br />

Process<br />

Working<br />

Days<br />

07-376-01 New Dwelling & Garage 499,515 400.00 10a & 1a P Kennedy 05.12.07 6<br />

07-375-01 Addition - Covered Deck 10,000 100.00 10 P Kennedy 05.12.07 6<br />

07-381-01 Addition - Covered Deck 3,600 100.00 10 P Kennedy 05.12.07 6<br />

07-377-01 New Dwelling 369,000 420.00 1a P Kennedy 05.12.07 3<br />

07-378-01 Dwelling Alterations 36,000 400.00 1a P Kennedy 05.12.07 2<br />

07-379-01 Addition 30,000 400.00 1a P Kennedy 05.12.07 2<br />

07-382-01 New Dwelling 250,000 460.00 1a P Kennedy 11.12.07 5<br />

07-386-01 New Dwelling 300,000 420.00 1a P Kennedy 11.12.07 1<br />

07-383-01 New Dwelling Garage 12,000 100.00 10a P Kennedy 11.12.07 4<br />

07-384-01 Addition 46,000 400.00 9b P Kennedy 11.12.07 4<br />

07-380-01 New Dwelling 84,000 600.00 1b P Kennedy 11.12.07 5<br />

07-371-01 New Dwelling 250,000 420.00 1a & 10a P Kennedy <strong>21</strong>.12.07 2<br />

07-387-01 New Dwelling 411,650 440.00 1a & 10a P Kennedy 13.12.07 3<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 1<strong>21</strong>


Information Report<br />

Class<br />

1a<br />

Class<br />

1b<br />

Class<br />

2<br />

Class<br />

3<br />

Class<br />

4<br />

Class<br />

5<br />

Class<br />

6<br />

Class<br />

7b<br />

Class<br />

8<br />

Class<br />

9a<br />

Class<br />

9b<br />

Class<br />

9c<br />

Class<br />

10a<br />

Class<br />

10b<br />

July 3 - - 1 - 1 1 2 - - - - 10 -<br />

August 11 - - - - 1 - 1 3 - - - 11 -<br />

September 9 - - - - - - - 2 - 1 - 7 1<br />

October 11 - - - 1 1 1 - - - - - <strong>21</strong> -<br />

November 7 - - - - - 1 - 1 2 - - 17 1<br />

December 8 1 - - - - - - - - 1 - 6 -<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

Total 49 1- - 1 1 3 3 3 6 2 1 - 72 2<br />

Building Approvals 2005, 2006 & 2007<br />

35<br />

30<br />

No. of Approvals<br />

25<br />

20<br />

15<br />

10<br />

5<br />

2005<br />

2006<br />

2007<br />

0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

July<br />

August<br />

September<br />

October<br />

November<br />

December<br />

Months<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 122


Information Report<br />

Building Values 2005, 2006 & 2007<br />

$3,000,000.00<br />

$5,344,096 $4,461,510<br />

$5,812,770<br />

$2,500,000.00<br />

Values<br />

$2,000,000.00<br />

$1,500,000.00<br />

2005<br />

2006<br />

2007<br />

$1,000,000.00<br />

$500,000.00<br />

$0.00<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

July<br />

August<br />

September<br />

October<br />

November<br />

December<br />

Months<br />

DEVELOPMENT APPLICATIONS – PLANNING<br />

Planning Approvals 2005, 2006 & 2007<br />

35<br />

30<br />

25<br />

No. Approvals<br />

20<br />

15<br />

10<br />

2005<br />

2006<br />

2007<br />

5<br />

0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

July<br />

August<br />

September<br />

October<br />

November<br />

December<br />

Months<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 123


Information Report<br />

DA No. Location Development Date<br />

Permit<br />

Issued<br />

7/2007 4 Moore Street, Boat Harbour Dwelling Extension 04/01/08<br />

65/2007 Marshalls Road, Flowerdale Road Works<br />

122/2007 16647 Bass Highway, <strong>Wynyard</strong> Concrete Batching Plant Workshop<br />

147/2007 Mine Road, Savage River Level 2 Silica Flour Extractive Activity<br />

150/2007 267 Port Road, Boat Harbour Dwelling Extension<br />

162/2007 Murchison Highway, Guilford Level 2 Intec Hellyer Metals Residue 11/12/07<br />

Project (Chemical Works)<br />

207/2007 11 Austin Street <strong>Wynyard</strong> Strata Title Three Existing Units<br />

<strong>21</strong>2/2007 18 Smith Street <strong>Waratah</strong> Athenaeum Hall Upgrade 11/12/07<br />

<strong>21</strong>6/2007 61 Old Bass Highway <strong>Wynyard</strong> Dwelling 11/12/07<br />

222/2007 59a Jackson Street, <strong>Wynyard</strong> Market<br />

229/2007 37 Goldie Street, <strong>Wynyard</strong> Storage Shed including Demolition of<br />

Existing Garage<br />

19/12/07<br />

231/2007 48 Pelissier Street, Somerset Dwelling Extension 13/12/07<br />

233/2007 6 Maxwell Place, <strong>Wynyard</strong> Dwelling & Shed 11/12/07<br />

236/2007 99 Village Lane, Somerset Dwelling Extension 11/12/07<br />

237/2007 6 Beaufort Court, Somerset 3 Units 09/01/08<br />

238/2007 5 Beaufort Court, Somerset 3 Units<br />

239/2007 4 Beaufort Court, Somerset 3 Units<br />

240/2007 233 Sisters Beach Road, Sisters Shed 17/12/07<br />

Beach<br />

241/2007 30 Stutterds Road, Moorleah Dwelling Extension 17/12/07<br />

243/2007 Alberts Road, Somerset Dwelling 17/12/07<br />

245/2007 33 Goldie Street, <strong>Wynyard</strong> Office Extension 19/12/07<br />

247/2007 111 Mount Hicks Road, Dwelling Extension 03/01/08<br />

<strong>Wynyard</strong><br />

248/2007 Boat Harbour Beach Foreshore – Demolition & Replacement of Existing 03/01/08<br />

off Esplanade Road<br />

Toilet Block<br />

249/2007 3 Morton Street, Boat Harbour Replacement Deck 03/01/08<br />

Beach<br />

250/2007 54 Tippetts Lane, Mount Hicks Dwelling Extension & Shed 03/01/08<br />

251/2007 66 Cardigan Street, Somerset Dwelling Extension 03/01/08<br />

252/2007 2059 Oldina Road, Oldina Forest Practices Plan 19/12/07<br />

253/2007 17905 Bass Highway, Sisters Shed<br />

Creek<br />

254/2007 8 Katelyn Drive <strong>Wynyard</strong> Dwelling<br />

255/2007 4 Maxwell Place <strong>Wynyard</strong> Dwelling 19/12/07<br />

256/2007 1022 Oldina Road Oldina Farm Storage Shed 04/01/08<br />

257/2007 6 Ward Street <strong>Wynyard</strong> Home Business (chocolates)<br />

258/2007 Walker Street <strong>Waratah</strong> Shed, Caravan (Dwelling)<br />

259/2007 Savage River Accommodation Blocks, Workshop,<br />

Water Tanks, Alterations to ABM Lodge<br />

260/2007 1 Pages Road <strong>Wynyard</strong> Quarry Level 1 Activity<br />

261/2007 2 York Court <strong>Wynyard</strong> Dwelling 03/01/08<br />

262/2007 4 York Court <strong>Wynyard</strong> Dwelling 03/01/08<br />

263/2007 Quiggin Street <strong>Wynyard</strong> Dwelling<br />

264/2007 Broomhalls Road and 144 &<br />

152 Broomhalls Road, Sisters<br />

Creek<br />

3 New Chicken Sheds<br />

265/2007 3 Airport Street <strong>Wynyard</strong> Warehouse 03/01/08<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 124


Information Report<br />

DA No. Location Development Date<br />

Permit<br />

Issued<br />

266/2007 Keith River Road, Meunna Forestry Practices Plan 03/01/08<br />

267/2007 79 Saunders Street <strong>Wynyard</strong> Dwelling<br />

269/2007 87 Old Bass Highway <strong>Wynyard</strong> Dwelling & Shed 09/01/08<br />

1/<strong>2008</strong> 320 Calder Road, <strong>Wynyard</strong> Warehouse<br />

2/<strong>2008</strong> 2 Lagoon Avenue Sisters Beach Garage/Carport<br />

3/<strong>2008</strong> 72 Katelyn Drive, <strong>Wynyard</strong> Dwelling<br />

4/<strong>2008</strong> Deleted N/A N/A<br />

5/<strong>2008</strong> Lapoinya Road, Lapoinya Dwelling<br />

SD 1783 Cardigan Street, Somerset 16 Lot Subdivision<br />

SD 1791 10 Stennings Road, <strong>Wynyard</strong> Industrial Subdivision - 3 Lots - 19/12/07<br />

SD 1793 147 Inglis Street, <strong>Wynyard</strong> 16 Lot Residential Subdivision<br />

SD 1794 127 Inglis Street, <strong>Wynyard</strong> 31 Lot Residential Subdivision<br />

SD 1795 86 Austins Road & 265 Myalla Subdivision & Consolidation (4)<br />

Road, Myalla and 200 Bramichs<br />

Road, Sisters Creek<br />

SD 1796 4 Saunders St <strong>Wynyard</strong> Subdivision – 1 Lot & Balance<br />

PLANNING APPEALS/APPLICATION INFORMATION<br />

MATTERS AWAITING DECISION BY RESOURCE PLANNING &<br />

DEVELOPMENT COMMISSION<br />

PSA 2005/03, which deals with Development controls specific to Sisters<br />

Beach, has been forwarded to the Commission for further processing of the<br />

amendment<br />

ACTIVE PLANNING APPEALS<br />

Appeal <strong>21</strong>0/<strong>21</strong>1/<strong>21</strong>5/07S - 3 Airport Street, <strong>Wynyard</strong>. This matter is listed for<br />

a full hearing by RMPAT on 22 <strong>January</strong> <strong>2008</strong>.<br />

CURRENT ENFORCEMENT ACTION UNDER SECTION 64 OF<br />

LUPAA<br />

1. Section 64 Application - Cardigan Street, Somerset - CT 198768/1 -<br />

Illegal Landfill.<br />

A consent agreement has been signed between parties and orders<br />

issued by RMPAT for remedial works to be carried out within 90 days.<br />

This matter has not been concluded and is placed with <strong>Council</strong>’s<br />

solicitor to again pursue the matter with RMPAT.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 125


Information Report<br />

ENGINEERING SERVICES<br />

A. WORKS MANAGERS REPORT<br />

1. Hydraulics<br />

Hydraulics Services December 2007<br />

Details Location Work Undertaken<br />

Water<br />

2 call outs, <strong>Wynyard</strong> 1 Somerset<br />

1.<br />

General<br />

General on-going maintenance.<br />

Operations<br />

Reticulation 2 leaks at Yolla, work hours. All repaired.<br />

Sewer<br />

General<br />

1 fault S U P at Boat Harbour. Repaired.<br />

Operations<br />

Reticulation 2 pump faults, <strong>Wynyard</strong>. Call out<br />

Cleared.<br />

3 sewer blocks in <strong>Wynyard</strong>. Work hours.<br />

Treatment Plants Fresh sand in filters at Sisters<br />

Treatment Plant. <strong>Wynyard</strong><br />

Treatment Plant – Sludge<br />

management.<br />

Water Consumption <strong>Wynyard</strong>, Somerset and Yolla<br />

70,000<br />

60,000<br />

50,000<br />

kL<br />

40,000<br />

30,000<br />

<strong>Wynyard</strong><br />

Yolla<br />

Somerset<br />

Special Treated<br />

20,000<br />

10,000<br />

0<br />

Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08 Jun-08<br />

Months<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 126


Information Report<br />

2. Transport<br />

Transport And General Services – December 2007<br />

Description Location Work Undertaken<br />

Capital Works Lapoinya Road. Scalps in progress.<br />

Goldie Street.<br />

Footpath in progress.<br />

Sisters Beach Subdivision. In progress.<br />

Ballast Pit - overburden In Progress.<br />

removal.<br />

<strong>Wynyard</strong> Treatment Plant. Complete.<br />

Raised the level of the old<br />

settling pond by 500mm.<br />

Built a new pond 60m Long<br />

40m wide 2m deep.<br />

Jenner Street Boat Ramp Complete.<br />

Access.<br />

Park Street, Show ground Complete.<br />

end.<br />

Band Rooms. Road & Car Complete.<br />

Park.<br />

Bridge Maintenance Nil<br />

Maintenance<br />

General<br />

Activities<br />

3. Parks & Reserves<br />

Gates Road, Elphinstones<br />

Road, Coopers Lane, Smarts<br />

Road, Lapoinya Road,<br />

Colgrave Road, Scotts<br />

Road, Lyons Road, Deep<br />

Creek Road, Murdering<br />

Gully Road and Stennings<br />

Road.<br />

Rural Reseals Shoulder<br />

gravel and grade.<br />

Urban and Rural.<br />

<strong>Wynyard</strong> and Somerset.<br />

Parks and Reserves– December 2007<br />

Maintenance<br />

Grading.<br />

Routine<br />

Maintenance.<br />

Sign Maintenance.<br />

Street Sweeping.<br />

Description Location Work Undertaken<br />

Capital Works<br />

Goldie Street Upgrade<br />

Foreshore walkway<br />

Cape Bridge Reserve<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 127


Information Report<br />

Description Location Work Undertaken<br />

Oval Maintenance<br />

Langley Park.<br />

Mowing as required.<br />

Irrigation started.<br />

<strong>Wynyard</strong> Recreation<br />

Ground.<br />

Mowing as required.<br />

Irrigation started.<br />

Yolla Recreation<br />

Ground.<br />

Mowing as required.<br />

Irrigation started.<br />

Frederick Street<br />

Reserve.<br />

Mowing as required,<br />

turf maintenance.<br />

Somerset Recreation<br />

Ground.<br />

Mowing as required,<br />

turf repairs. Irrigation<br />

Cemeteries<br />

Cardigan Street Soccer<br />

Ground<br />

<strong>Wynyard</strong> Showground.<br />

Somerset Land Slip<br />

started.<br />

Mowing as required<br />

Corer and Irrigation<br />

started.<br />

Mowing as required,<br />

turf maintenance.<br />

Dead and dangerous<br />

trees removed<br />

Mowing and Weed<br />

removal as required.<br />

General mowing and<br />

maintenance, turf<br />

levelling.<br />

Waste Transfer Station<br />

Green waste chipped.<br />

<strong>Wynyard</strong> Walkways Big Creek section. General maintenance,<br />

fence repairs, track<br />

repairs.<br />

<strong>Wynyard</strong> Gardens . Ongoing maintenance<br />

as required.<br />

4. Workshop and Plant Maintenance<br />

Workshop and Plant Maintenance – December 2007<br />

Activity Plant Item Description of<br />

Works<br />

Routine Plant Falcon Wagon Service<br />

Servicing No 2.<br />

Subaru Forester Service<br />

No 3.<br />

Mitsubishi No 4 Major Service<br />

Mitsubishi No 6. Major Service<br />

Comment<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 128


Information Report<br />

Activity Plant Item Description of<br />

Works<br />

Chain saws. Servicing and<br />

General Repairs<br />

Lawn Mowers. Servicing and<br />

General Repairs<br />

Brush Cutters. Servicing and<br />

General Repairs<br />

General Small Servicing and<br />

Plant.<br />

General Repairs<br />

Sewerage General Repairs<br />

Pumps. and Servicing<br />

Major No Major<br />

Breakdowns Breakdowns.<br />

Only General<br />

Maintenance<br />

and Repairs.<br />

Plant<br />

Replacement/<br />

Capital<br />

Howard Slasher.<br />

Training of<br />

procedures for new<br />

machine.<br />

Comment<br />

Carry out safety<br />

and operating<br />

instruction to<br />

operator.<br />

B. DIRECTOR ENGINEERING SERVICES REPORT<br />

1. Permits & Applications<br />

Banner Pole Permits YTD - Totals<br />

2007/<strong>2008</strong><br />

Month<br />

Permits<br />

Issued<br />

No of<br />

Banners<br />

July 0 0<br />

August 1 1<br />

September 1 1<br />

October 3 3<br />

November 2 2<br />

December 1 0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 129


Information Report<br />

Use of <strong>Council</strong> Reserves - YTD Totals 2007/<strong>2008</strong> for<br />

Rostered Matches, Training And Private Functions<br />

Month <strong>Wynyard</strong><br />

Recreation<br />

Ground<br />

Frederick<br />

Street<br />

Reserve<br />

<strong>Wynyard</strong><br />

Showground<br />

Yolla Rec<br />

Ground<br />

Langley<br />

Park<br />

Anzac<br />

Park<br />

Somerset<br />

Soccer<br />

Ground<br />

Foreshores Gutteridge<br />

Gardens<br />

July 17 11 0 2 3 0 16 0 1<br />

August 15 13 0 0 1 1 15 0 0<br />

September 12 6 0 0<br />

0 0 0 0 1<br />

October 13 5 5 5 3 0 0 0 3<br />

4 5 4 1 4 2<br />

November 17 6 0<br />

December 13 7 5 4 3 5 0 9<br />

0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

TOTAL 87 48 14 16 14 7 31 13 7<br />

2. Access and Other Permits<br />

Month<br />

Permit for<br />

Bridge Over<br />

a Footpath<br />

Permit to<br />

Temporarily<br />

Open Up and<br />

Occupy a<br />

Highway<br />

Occupation<br />

Licence<br />

Permit to<br />

Cross<br />

Footpath<br />

with<br />

Vehicles<br />

July 5 2 1 0<br />

August 3 0 2 0<br />

September 0 0 0 2<br />

October 0 0 0 0<br />

November 0 1 3 0<br />

December 2 0 1 0<br />

<strong>January</strong><br />

February<br />

March<br />

April<br />

May<br />

June<br />

TOTAL 10 3 7 2<br />

3. Designs and Forward Planning<br />

a. Athenaeum Hall – project scope being developed.<br />

b. Belt Filter Press <strong>Wynyard</strong> – specification being developed<br />

by GHD.<br />

4. Capital Works/Contract<br />

a. Reservoir Drive and Deep Creek Road sewer project in<br />

progress.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 130


Information Report<br />

C. COMPLIANCE<br />

1. Animal Control<br />

Operational Aims 2007/<strong>2008</strong><br />

a) Register all dogs in the municipal area.<br />

b) Maintain street, roads and other public places free of<br />

straying animals.<br />

c) Implement legislative control and enforcement where<br />

required.<br />

Item December 2007 Dogs – Year to Date<br />

2007/<strong>2008</strong><br />

No. $ No. $<br />

Dogs Registered 19 370.00 416 6,177.00<br />

Dogs Impounded 10 80.00 61 680.00<br />

Dogs Euthanised 0 - 5 -<br />

Dogs Adopted 2 - 7 -<br />

New Kennel Licences 2 300.00<br />

Licence Renewals 27 675.00<br />

Dogs Re-Claimed 8 52<br />

Livestock Impounded 1 - 6 570.00<br />

Infringement Notices 1 3 420.00<br />

Legal Action - - -<br />

Total Registered<br />

2007-<strong>2008</strong><br />

2,011<br />

Pending Kennel Licences - Nil<br />

PERSONNEL<br />

(a)<br />

(b)<br />

Commencements:<br />

Chantelle French – Temporary Administrative Assistant<br />

Melissa Smyth – Casual Children’s Services Worker<br />

Sharon Butler – Depot Clerk<br />

Anthony De Wolff – Municipal Employee<br />

Departures:<br />

Rex Housego - Municipal Employee<br />

Gary Neil – Director Engineering Services<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 131


Information Report<br />

COUNCIL ACTION LIST – OPEN MEETING MATTERS<br />

Minute<br />

No.<br />

& Date<br />

927.4,<br />

17/11/03<br />

Table Cape<br />

Lighthouse<br />

Details Action Required Officer<br />

Progress the lease of the<br />

Lighthouse from the<br />

State Govt.<br />

DCS<br />

Status<br />

Continuing to pursue issues relating to access<br />

through the Parks and Wildlife Service and<br />

AMSA. Discussions continuing with AMSA.<br />

237/05,<br />

18/7/05<br />

<strong>Waratah</strong> Museum<br />

Transfer– Crown<br />

Land Assessment<br />

Project Offer<br />

Museum building to be<br />

transferred to <strong>Council</strong><br />

ownership.<br />

GM<br />

Awaiting issue of title. Being dealt with as part<br />

of CLAC program.<br />

244/06<br />

<strong>21</strong>/08/06<br />

East <strong>Wynyard</strong><br />

Infrastructure<br />

General Manager to<br />

negotiate with interested<br />

parties.<br />

GM<br />

Investigation underway. Awaiting information<br />

from developers of land at East <strong>Wynyard</strong>.<br />

251/06,<br />

<strong>21</strong>/08/06<br />

282/06,<br />

18/09/06<br />

Boat Harbour Beach<br />

Master<br />

Infrastructure Plan<br />

Sewer Connections<br />

– Boat Harbour and<br />

Sisters Beach<br />

Arrange public<br />

exhibition of the draft<br />

Master Plan.<br />

Formal action to be<br />

instigated to ensure all<br />

properties are connected<br />

to sewerage<br />

infrastructure.<br />

DES<br />

DES<br />

First stage development of new public toilets.<br />

Final designs to be prepared allowing for<br />

tenders to be called.<br />

Owners of remaining non-connected properties<br />

being actively pursued.<br />

316/06,<br />

16/10/06<br />

Local Highways –<br />

future management<br />

Authorised legal<br />

practitioner to prepare a<br />

draft bylaw and<br />

associated regulatory<br />

impact statement.<br />

DCS<br />

Regulatory Impact Statement submitted to<br />

Local Government Office.<br />

160/07,<br />

16/07/07<br />

Spencer Day Centre<br />

Facility - <strong>Wynyard</strong><br />

General Manager to<br />

negotiate a suitable<br />

agreement with DHHS<br />

to relocate the Centre to<br />

the Guide Hall.<br />

GM<br />

Proposal still being considered by DHHS,<br />

however it appears unlikely that the Centre will<br />

locate at the Guide Hall.<br />

185/07,<br />

20/08/07<br />

<strong>21</strong>2/07,<br />

17/09/07<br />

Demolition of Ex-<br />

Information Centre<br />

Building<br />

Sale of Land – Hales<br />

Street<br />

Organise necessary<br />

approvals.<br />

Apply to amend the<br />

Sealed Plan then<br />

prepare and lodge a<br />

subdivision plan.<br />

GM<br />

ESM<br />

Transfer of ownership of building being<br />

finalised. DA to be submitted.<br />

Title amended. Plans currently being prepared<br />

to allow subdivision application to be<br />

submitted.<br />

Business<br />

Arising,<br />

19/11/07<br />

Installation of gate<br />

on Lighthouse Road<br />

Design work to be<br />

carried out and a cost<br />

estimate to be provided<br />

to AMSA<br />

DES<br />

AMSA have accepted quote for gate and<br />

Engineering Services are arranging<br />

manufacture of the gate. DIER have approved<br />

plans. Gates are being fabricated and will be<br />

installed as soon as they are completed.<br />

309/07,<br />

17/12/07<br />

Somerset Indoor<br />

Recreation Centre<br />

Floor – Indoor Bias<br />

Bowls Club<br />

Investigate options<br />

available to address<br />

floor level concerns.<br />

DES<br />

Preliminary investigation underway.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 132


Information Report<br />

COMPLAINTS REGISTER<br />

In accordance with the adopted Customer Service Charter <strong>Council</strong> is to be provided with a<br />

monthly statistical report of the number of complaints received and their nature by reference<br />

to the relevant department, activity or program area.<br />

Operational Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec<br />

Area<br />

Corporate<br />

Services 0 1 0 0 0 0 0 0 0 0 1 -<br />

Development<br />

Services 0 1 0 0 4 1 1 0 0 0 2 -<br />

Engineering<br />

(Indoor staff) 5 7 1 2 1 0 3 2 1 1 2 1<br />

Finance 0 0 0 0 0 0 0 1 0 0 -<br />

General<br />

Managers Unit 0 4 1 1 0 7 2 0 1 1 1 -<br />

Hydraulic<br />

Services 7 5 4 1 2 4 2 1 4 1 3 1<br />

Parks and<br />

Reserves 6 3 2 3 1 1 1 2 4 - 4 -<br />

Transport 2 6 5 2 4 3 1 1 3 1 5 2<br />

Total 20 27 13 9 12 16 10 7 13 4 18 4<br />

MAYOR’S DIARY AND COMMUNICATION<br />

Date<br />

Purpose<br />

01.12.07 Camera Club<br />

03.12.07 Mineral Resources, <strong>Waratah</strong><br />

05.12.07 Tourism Tasmania – Regional Marketing<br />

07.12.07 Tidy Towns Awards, Swansea<br />

08.12.07 Somerset Fire Brigade barbecue<br />

12.12.07 GMC, Launceston<br />

13.12.07 NW Bookkeepers Network Launch<br />

Wonders of <strong>Wynyard</strong> Birthday<br />

Myrtle Park Christmas Party<br />

14.12.07 Jenny Evans & Ian Waller – re Tarkine<br />

Ibis Care<br />

Senior Citizens Christmas function<br />

17.12.07 Australia Day Awards judging<br />

<strong>Council</strong> Meeting<br />

18.12.07 Somerset Primary School<br />

<strong>Wynyard</strong> High School Presentations<br />

19.12.07 Yolla District High School Presentations<br />

<strong>21</strong>.12.07 <strong>Council</strong> Christmas Break-up<br />

COUNCIL WORKSHOPS SINCE LAST COUNCIL MEETING<br />

Nil.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 133


Information Report<br />

USE OF CORPORATE SEAL<br />

Date Document Sealed Name<br />

03.12.07 Deed for Australia Day<br />

Grant<br />

Dept. of Premier and Cabinet and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong><br />

<strong>21</strong>.12.07 Employment Contract Matthew Greskie – Director<br />

Engineering Services<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 134


Other Matters<br />

12/08 CLOSED MEETING<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR FRIEDERSDORFF<br />

That <strong>Council</strong> go into Closed Meeting.<br />

MAYOR HYLAND CR BRAMICH CR DUNIAM CR FAIRBROTHER<br />

CR FRIEDERSDORFF CR MOORE CR PENDLEBURY CR RANSLEY CR WALSH<br />

CARRIED UNANIMOUSLY<br />

RESUMPTION OF OPEN MEETING<br />

AT 7:27 PM. THE OPEN MEETING WAS RESUMED.<br />

THERE BEING NO FURTHER BUSINESS THE MEETING WAS CLOSED<br />

AT 7:27 PM.<br />

Confirmed,<br />

MAYOR<br />

18 February <strong>2008</strong><br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 135


Closed Meeting<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Ordinary Meeting <strong>Minutes</strong> – <strong>21</strong> <strong>January</strong> <strong>2008</strong> Page 136

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