Agenda of Meeting of the Corporate and Development Services Committee

NOTICE OF MEETING

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of the Corporate and Development Services Committee will be held in the Council Chambers, Queen Street Singleton, on Monday 13 September 2004, commencing at 5:30 pm.

AGENDA PAGE

Apologies

Confirmation of Minutes

1. Corporate and Development Services Committee 9 August 2004

Mayoral Minute

Disclosures and Declarations of Interest

Withdrawal of Items and Late Items of Business

Presentations

Ashton Coal Operations Pty Limited

Public Access Session

General Manager's Report No. 14/04

1. Upper - Northern Hunter Regional Environmental Management Strategy.............................. 5

Economic Development Officers Report No. 6/04

1. Economic Development....................................................................................................... 9

Director Corporate and Development Services Report No. 23/04

1. 2003/2004 Annual Financial Reports................................................................................. 11

Manager Planning & Development Report No. 10/04

1. Road Naming of Subdivision Road.................................................................................... 17

2. Newcastle Sports Parachute Club Community Consultative Committee (NSPC CCC)....... 23

3. Rural Residential Development Strategy - Steering Committee............................................ 27

4. Questions Without Notice.................................................................................................. 28

5. Subdivision - 14 Allotments............................................................................................... 29

6. Water Quality Monitoring Program.................................................................................... 65

7. United Coal Mine CCC..................................................................................................... 67

8. Minutes of Glennies Creek Community Consultative Committee......................................... 68

9. Hunter Valley Operations CCC......................................................................................... 72

10..... Camberwell Coal Community Consultative Committee.................................................. 77

11..... Minutes of Liddell Coal Mine Community Consultative Committee Meeting................... 82

12..... Minutes of Ashton Coal Mine Community Consultative Committee Meeting................... 87

Questions Without Notice

…………………………………………..

GENERAL MANAGER

Singleton Council’s Vision Statement is:

“Singleton. A progressive community of excellence and sustainability”

Singleton Council’s Mission Statement is:

“To provide quality services to the community in an efficient and friendly manner encouraging responsible development”

Singleton Council’s Core Values are:

	Value	Definition
·	*Service*	Putting the needs of customers first and achieving excellence in customer service;
·	*Consistency*	Having a professional approach to work with the highest ethical standards and a businesslike manner across the organisation;
·	*Focus*	Maintaining a clear focus on the vision and agreed goals;
·	*Respect*	Earning and retaining the respect of the community;
·	*Pride*	General pride in works and services;
·	*Communication*	Excellence in communications;
·	*Achievement*	Developing a well trained, motivated and focussed staff and elected Council;
·	*Equity*	Being a fair and equitable employer and provider of services;
·	*Reliance*	Ensuring that the community, elected Council and staff can rely upon each other;
·	*Commitment*	Displaying commitment and cohesion between community, elected members and staff;
·	*Efficiency*	Services provided by the organisation are to be carried out with the efficient allocation of resources;

COUNCIL POLICY

Pecuniary and Conflict of Interest Issues

Council adopted the following policies on 25 September 2000

· Code of Conduct

· Conflict of Interest

These policies provide details of statutory requirements and give guidance in respect of the way in which pecuniary and conflict of interest issues should be approached.

Generally, the policies refer to the following issues:

1. Councillors are under an obligation at law to disclose any interest they may have in any matter before the Council and to refrain from being involved in any consideration or to vote on any such matter.

2. Councillors must disclose any interest in any matter noted in the business paper prior to or at the opening of the meeting.

3. The nature of the interest shall be included in the notification.

4. Councillors shall immediately and during the meeting disclose any interest in respect of any matter arising during the meeting which is not referred to in the business paper.

5. All declarations of interest shall be recorded by the General Manager.

6. All disclosures of interest shall as far as is practicable be given in writing.

7. Any member having an interest shall leave the meeting and remain absent while the subject of the interest is being considered by Council.

8. The meeting shall not discuss any matter in which a councillor has an interest while the councillor is present at the meeting.

SINGLETON COUNCIL Minutes_Item	Meeting of the Corporate and Development Services Committee - 13 September 2004

	Manager Planning & Development Report No. 10/04

Subdivision - 14 Allotments

Author: Erica Duffy

FILE: SA 39/2004 (DA 381/2004)

Applicant: Jall Projects

Owner: Stannic Securities Pty Ltd

Land and Location: Lot 12 DP 219780

Zoning: Rural 1(a)

Proposal: To subdivide the land into fourteen (14) allotments

Date of Application: 8 June 2004

Responsible Officer: Erica Duffy

Executive Summary

The applicant is requesting Council approval to subdivide a 528Ha lot into 13 x 40Ha allotments and a 1 x 4.5ha concessional allotment. The subject land has been used as a grazing and beef cattle stud. The application includes the construction of a new road providing access to 10 of the proposed allotments as well as an upgrading of Cranky Corner Road where it fronts the proposed lots. Furthermore, Council policy requires a proportional contribution to the upgrading of Cranky Corner Road between the subject land and the intersection with Stanhope Road, including a timber bridge crossing Stanhope Creek. The proportion of upgrading required is the proportion of additional lots created by this proposal in relation to the total number of lots with access via Cranky Corner Road.

The application is forwarded to Council for determination as there were objections to the proposal. The objections raised related to the condition of Cranky Corner Road, the subdivision of a large holding, possible adverse impacts on the natural environment and the provision of a farm-gate garbage service. These issues and other issues pertaining to the proposal are discussed in detail in the report.

The report concludes with the recommendation that the application be approved subject to the conditions listed which will mitigate possible adverse impacts from proposal. The approval is recommended as a deferred commencement pending the submission of a flood study which will provide Council with the extent of works necessary to ensure the existing timber bridge on Cranky Corner Road is of suitable construction and height to comply with Council requirements for the total number of vehicles using this road.

Proposal

This application is for the subdivision of a 528Ha allotment into 13 x 40Ha allotments and a 1 x 4.5Ha concessional allotment.

History

The subject land was created by a subdivision approved by Council in 1963. The land has owned by the same family for the last 40 years and run in conjunction with other adjoining land as a grazing and beef cattle stud.

Site Characteristics

The subject land is located on either side of Cranky Corner Road approximately 2kms from Stanhope Road. A Locality Map is appended to the report as Attachment “1”. The land to the east of Cranky Corner Road is characterized by a central ridgeline which trends in an east-west direction. This area is characterized by a number of intermittent streams which flow from the central ridge to Stanhope Creek which is along the property’s north boundary. Stanhope Creek then meanders through the property and exits at the south western. With the exception of a vegetated hill in the south-eastern corner, the eastern portion of the subject land has been extensively cleared of native vegetation reflecting its past and current use of livestock grazing. Land to the west of Stanhope Road is generally lower lying and includes the valley containing Stanhope Creek.

A copy of the proposed subdivision, overlayed on a topographic map, is appended to the report as Attachment “2”.

Statutory Considerations

(a) the provision of:

(i) Any environmental planning instrument.

EP&A Act

Under s91(1) of the Environmental Planning and Assessment Act 1979, the proposal is Integrated Development requiring response from the NSW Rural Fire Service(RFS). The response from the RFS included one General Terms of Approval which has been included in the conditions.

Hunter Regional Environmental Plan

Under the provisions of Cl.27 of the Hunter Regional Environmental Plan 1989 (HREP), the concurrence of the Director-General of the Department of Agriculture is required prior to subdivision of prime crop and pasture land (Class 1, 2 or 3). Council’s maps show part of the subject land is Class 3 and part is Class 4. Council’s agriculture map does not show all the subject land, however it appears that the prime pasture land (Class 3p land) includes the land adjacent to Stanhope Creek which runs through the subject land. Class 3 is defined as “Land not suitable to regular cultivation. Includes some arable and some pasture lands with moderate levels of agricultural production. Well suited to pasture improvement and can be cultivated for an occasional crop”. The suffix “p” is for pastures.

It appears from Council’s maps that the ridge which runs approximately east-west on the subject land is classified as Class 4 land. Class 4 is defined as “Land not suited for cultivation. Poor grazing or lands with seasonal grazing capabilities. Overall level of production is low.”

The concurrence of the NSW Department of Primary Industries (DPI) was sought for the proposal and their response is appended to the report as Attachment “3”.

The applicants response to the DPI submission has been appended to this report as Attachment “4”. Council officers conclude that while it may be regrettable that large, previously economically viable agricultural holdings are subdivided, this is a reflection of the economic value of land generally and is not isolated to this area, Singleton LGA or the Hunter Region.

Under the provisions of Singleton Local Environmental Plan 1996, the 1(a) Rural zone objectives are:

(a) to protect and conserve agricultural land and to encourage continuing viable and sustainable agricultural land use;

(b) to promote the protection and preservation of natural ecological systems and processes;

(c) to maintain the scenic amenity and landscape quality of the area;

(d) to provide for the proper and co-ordinated use of rivers and water catchments;

(e) to promote provision of roads that are compatible with the nature and intensity of development and the character of the area.

On balance it is considered that the proposal is consistent with the zone objective contained within the SLEP.

Singleton Local Environmental Plan

Under the provisions of Cl. 7(1)(a) of the Singleton Local Environmental Plan 1996 (SLEP), the minimum lot size for land zoned Rural 1(a) and with dwelling entitlement is 40 Ha. Under the provisions of Cl. 17(1)(c) and through a search of Council records one concessional allotment is permissible.

The proposal to create 13 x 40ha lots and 1 x 4.5ha lots is permissible.

(ii) Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

No such document applies to the proposal or land.

(iii) Any development control plan.

No development control plan applies to the proposal.

(iv) Any matters prescribed by the regulations, that apply to the land to which the development application relates.

No such matters apply to this land.

(b) The likely impact of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

Context & Setting

Land to the north of the subject land is a grazing property which contains a dwelling. Land further north, off Bimbadeen Road has been recently subdivided and sold as 40Ha allotments. Land to the east and the west is predominantly used for grazing with a variety of holding sizes. Land to the south is predominantly used for grazing of livestock. The locality of Stanhope is located approximately 1km south of the subject land on Stanhope Road. Properties on either side of Stanhope Road are used for livestock grazing, lucerne production and cultivation of occasional vegetable crops.

The dominant feature of the landscape is the steep and vegetated ridges north of the subject land which contrasts with the cleared, undulating and rolling hills of the subject land and surrounding lands. The area is characterised by scattered dwellings associated with rural grazing properties.

It is considered that the proposed development is not inconsistent with the surrounding land uses.

Access & Transport

The primary means of access to the proposed subdivision is via a new subdivision road which follows the main ridgeline that runs in an easterly direction through the site. The proposed road is approximately 2.2 kilometres long with a cul de sac at its extremity. This road intersects with Cranky Corner Road (South) approximately 2.9 kilometres from Stanhope Road. Cranky Corner Road at this location is currently of unsealed gravel formation in reasonable condition. Ten (10) of the proposed allotments are served directly by the new subdivision road and the remaining four (4) are accessed directly via Cranky Corner Road.

The proposal will result in an additional 126 vehicles per day (VPD) utilising Cranky Corner and Stanhope Roads. Stanhope Road is sealed, in good condition and considered of sufficient width to handle the additional traffic loading generated by this subdivision. As mentioned above Cranky Corner Road is currently unsealed and will therefore require upgrading to handle the additional traffic loading generated by this subdivision.

The applicant has undertaken an analysis of the lots currently served by Cranky Corner Road, and has determined that 48 lots currently utilise Cranky Corner Road.

Therefore, the additional 14 lots created by this subdivision represent a net increase in vehicle movements on Cranky Corner Road of approximately 22.5%. This figure will be utilised to determine the required upgrading of the existing timber bridge on Cranky Corner Road and the required upgrading of Cranky Corner Road towards Stanhope Road. The works department has advised the cost to upgrade the timber bridge is $120,000.00. Therefore, based on the 22.5% increase in vehicle movements, the calculated contribution towards the bridge upgrade is $27,000.00. In respect of the required road upgrade, the applicant will be required to upgrade 22.5% of the 2.1 kilometres of Cranky Corner Road from the development site to Stanhope Road, a distance of 470 metres. Both the contribution and road upgrade will be reflected as conditions of consent.

Road Standards:

New Subdivision Road

· Cranky Corner Road to the eastern boundary of proposed Lot 3 – 7 metre seal on 8 metre formation.

· From the eastern boundary of proposed Lot 3 onwards – 4 metre seal on 6 metre formation with passing bays every 200 metres and a 12.5 metre radius cul de sac bulb.

Cranky Corner Road

· From the western boundary of the subject land to the intersection of the proposed subdivision road – 7 metre seal on 8 metre formation.

· From the intersection of the proposed road to midway along the boundary of proposed Lot 1 – 4 metre seal on 6 metre formation.

All of the above road requirements will be reflected as conditions of consent.

Utilities

Overhead power is currently available to the subject land. Council will require the applicant to provide documentary evidence from the electricity supplier that provisions have been made for power supply to each proposed allotment. A condition has been included requiring this.

A Council approved On Site Sewerage Management Systems (OSSMS) will be required for dwellings on each of the proposed lots. The applicant advises that consultant geotechnical engineers and scientists concluded that effluent from future residents of the subdivision could be safely disposed of within the potential building envelopes for each of the proposed vacant allotments. Various methods for on-site treatment will be able to be utilised given the size of the allotments, soil types and distances to streams and watercourses.

Potable water will be obtained by the collection and storage of roof water in appropriately sized tanks. A postal service, school bus and a garbage collection service is available at the intersection of Cranky Corner Road and Stanhope Road.

Heritage

An archaeological assessment was undertaken with local aboriginal community organisations including Mindaribba Local Aboriginal Land Council, Lower Wanaruah Tribal Consultancy Pty Ltd, the Combined Council Hunter Valley Aboriginal Corporation, Wanaruah Custodians, Lower Wanaruah Tribal Council Inc and the Ungooroo Aboriginal Corporation. The major findings of the assessment were that there are several sites considered to be of medium – high archaeological significance due to their nature, content and location.

The report concluded with the following recommendations:

· The study area is considered to have Aboriginal heritage potential.

· The above conclusion is reached based on Aboriginal consultation and advice, background archaeological/historical research, field assessment and land-use history.

· Several Aboriginal sites recorded (ie Stanhope Creek 9,15 & 17) are considered to be of medium-high archaeological significance due to their undisturbed nature, contents and location. Buffer zones will be required to be placed around these sites to prevent further disturbance. Attachment “5” notes the location of these sites.

· The remaining seven sites and nine isolated finds are considered to be of low archaeological significance, due to their physical condition and the potential for insitu cultural material to be found in association with them.

· In order for the sub-division proposal to proceed without delay; sites and artefacts that have been recorded would need to be conserved. As most of the building and construction is associated with flat dry ground, it is unlikely that any of the artefacts recorded will be disturbed as a result of development impacts.

· If the development impacts were likely to affect existing Aboriginal Sites and Objects, the sub-division proposal would be required to seek Section 90 Consent Approval under the NSW National Parks & Wildlife Service Act 1974. This would require additional archaeological assessment work and may delay project construction for up to 8 weeks.

· If as a result of any future development on the land, Aboriginal objects or sites are located, the developer is required by law to stop all work and immediately inform the NSW National Parks & Wildlife Service.

Conditions have been included that reflect the above recommendations.

Council received a letter from Noel Downs from the Wanaruah Local Aboriginal Land Council requesting that they be involved in a survey of the subject land. On the 13^th July 2004, Council advised the Wanaruah Local Aboriginal Land Council that an Aboriginal Cultural Heritage Survey had already been undertaken on the subject land in the preparation of the Statement of Environmental Effects. No further correspondence has been received from the Wanaruah Local Aboriginal Land Council.

Water

The subject land is not prone to inundation by waters associated with a 1:100 year flood event of the Hunter River. Localised flooding associated with Stanhope and Pine Creeks are generally contained within stream banks. Any flooding would be of short duration, typical of first and second order watercourses on the upper end of catchments. Each of the proposed allotments contains a potential dwelling envelope which is elevated and flood free.

Flora & fauna

A flora and fauna assessment of the land was undertaken and included in the Statement of Environmental Effects. The flora and fauna assessment concluded that one threatened species (Grey-crowned Babbler), no endangered populations, and/or endangered ecological communities of State or national environmental significance were observed within the site during the survey period. There is anecdotal evidence, from the previous landowner indicating the presence of two threatened species, namely the Spotted-tailed Quoll and the Brush-tailed phascogale. The clearing of native vegetation will be minimal as a result of the proposal and there is unlikely to be any significant impact on local and/or regional wildlife corridors.

The assessment concludes that there is unlikely to significant impact on matters of State or National Environmental Significance provided the following recommendations are undertaken:

· Retain mature trees where possible;

· Restrict tree felling to periods of low fauna breeding activity such as autumn;

· Assess the occupancy of tree hollows prior to the initiation of land clearing activities;

· Replace tree hollows lost to the redevelopment of the site by erecting appropriately dimensioned nest boxes in suitable locations at a ratio of 2:1 or greater;

· Install road signs on Cranky Corner Road, near the western boundary of the site, to raise driver awareness to threatened species activity within the road corridor. The road signs should indicate the type of species or fauna in the area; and

· Discourage the collection of fallen timber and cutting down of trees (including dead trees) by future residents through appropriate signage at environmentally sensitive locations.

The recommendations of the report are reflected in the recommended conditions of approval.

Natural hazards

Both the subject property and Cranky Corner Road are affected by Stanhope Creek. A timber bridge on Cranky Corner Road currently spans Stanhope Creek.

It is understood that the existing bridge may be inundated in the larger flood events ie: 100 and 50 year ARI and thus isolating the newly created lots for a short period of time. The applicant will therefore be required to carry out a flooding / drainage study to determine the exact level and duration of inundation of the existing bridge. The study will ensure the bridge is not adversely affected by the calculated flood flows, and will aid in determining the final mode of upgrade to be carried out. The study has not been provided to date and will therefore be conditioned as a deferred commencement condition.

The subject land has a few areas that are within a bushfire prone area. The areas correspond to isolated areas of existing vegetation generally along the south and east boundaries of the land. The proposal is integrated development and was referred to the Rural Fire Service (RFS) for concurrence. The RFS have provided the General Terms of Approval and these are included in the conditions.

Socio-economic impact in the locality

The applicant advises that the subject land has been farmed by the one family for 40 years and the previous owner has relocated the business to a larger property with the intention of expanding the breeding stock and drought proofing the farm, thereby continuing and developing a sound farming business with benefits to the wider economy. Property values in the Hunter Valley have increased and this makes it difficult to sustain a business of this type and size in this locality.

A school bus service, postal deliveries and garbage service are available at the junction of Stanhope Road and Cranky Corner Road. Stanhope locality includes a community tennis court and Rural Fire Brigade which provides a focus for the residents of the area. Retail and commercial services are available within 30 mins drive of the property at Singleton, Branxton and Maitland.

The proposed subdivision will create one small rural retreat and 13 small farming sites which have the potential to increase rural productivity and provide direct and indirect employment and population growth in the Stanhope, Branxton and Singleton communities.

There have been several similar type developments undertaken in recent years in Lambs Valley and Bimbadeen Road. It is understood that most of this land has been sold and there continues to be a market for land. The local building industry and associated trades will benefit from subdivision work and subsequent housing and development.

New and existing residents will benefit from the establishment and embellishment of community based facilities due to the proponent contribution to Council’s s94 Contributions Plan.

Site design

The layout of the proposed subdivision includes a new road which runs along the central ridge with 10 proposed allotments having access to this road and four allotments with access onto Cranky Corner Road. Each of the proposed allotments have nominated at least one dwelling site, these are considered to generally comply with Council requirements which includes minimum boundary setbacks, flood free sites with suitable asset protection distances for bushfire protection. The design of the proposal is considered to comply with Council requirements with respect of layout. Suitable access crossings will be required to each of the proposed lots.

Cumulative impact

The proposal is similar to previously approved subdivisions in Lambs Valley and Bimbadeen Road. These approvals have resulted in change in the physical, social, cultural and economic character of the area. As previously discussed in the report, there is a continued demand for this type of development in this general locality. On balance the proposal is unlikely to have any significant increased adverse impact in the locality.

Any negative cumulative impact on the existing road network has been addressed by either road upgrading or the payment of contributions to cover the cost of upgrading the existing infrastructure on a “pro rata” basis.

(c) The suitability of the site for development

The proposal is considered to fit in the locality and the site attributes are considered to be conducive to the development.

(d) Any submissions made in accordance with this Act or the regulations.

The proposal was notified for ten days and four submissions were received. The submissions are summarised below and copies are appended to the report as Attachment “S1” to “S4”.

(S1) Maureen & George Dick – object to the proposal due to increased noise and dust levels from the additional traffic using Cranky Corner Road, run-off will destroy Stanhope Creek and increased numbers of domestic dogs and cats will become feral and attack native birds and animals.

(S2) RB & RW Johnson – request that Cranky Corner Road should be upgraded and tar sealed to at an least 8m width and that the environmental issues need to be addressed prior to the development being approved.

(S3) Rodney Taylor – opposes the proposal because this has been one of the largest and a very successful agricultural enterprise in Stanhope. Mr Taylor is concerned that productive country is being subdivided in the interests of developer profit.

(S4) Linda & John Butler – request that Cranky Corner Road is widened, tar sealed and maintained by Council, that garbage service is available at the farm gate, that the waterways and riparian zones are protected and that developers advise potential buyers that a coal mine may be started nearby.

PLANNERS COMMENTS

· The issue of road network has been previously discussed in Cl. b Access and transport.

· With the issue of increased noise levels and quality of amenity will deteriorate, it is considered that the subdivision of the land into 40Ha allotments would not have an adverse impact upon the acoustic air quality amenity of the area.

· With the issue that run-off will destroy Stanhope Creek, it is considered that all proposed allotments contain a dwelling site removed from Stanhope Creek. Geotechnical and scientific investigations undertaken have demonstrated that on-site effluent disposal could safely occur on each allotment. The issue of erosion and sedimentation control will be managed via conditions requiring erosion and sediment control. Erosion and sediment control will be considered at development stage with subsequent dwellings proposed for resultant allotments.

· The issue of domestic cats and dogs becoming feral and attacking cats and dogs are no more likely to occur in this locality compared to any other. A condition may be included requiring a “restriction as to user” be created prohibiting domestic cats in relation to the subdivision.

· The issue of the property being run as a successful cattle breeding enterprise and should not be subdivided is previously discussed in (a)(i) Any environmental planning instrument Hunter Regional Environmental Plan 1989.

· The issue of signposting the road will be considered as part of the road upgrading and any signposting considered necessary by Council officers will be included in the construction.

· The issue of a garbage service at the farm gate will be assessed by appropriate Council officers when there is sufficient demand for such a service.

· The issue that the subdivision should protect waterways and riparian zones has been previously discussed above in the third dot point.

(e) The public interest.

Under the provisions of the Singleton Council Section 94 Contributions Plan No. 1, the following contributions are payable:

· Shire Open Space ($258 x 13)

· Community Facilities ($645 x 13)

· Rural Roads – sealed ($1760 x 13)

· Section 94 Studies

Sustainability:

Social

The social character of an area changes with the subdivision of large holdings into smaller holding. This subdivision is consistent with the requirements of relevant planning documents. The proposal will attract Section 94 contributions which will be used to enhance existing and future community facilities.

It is considered the community is unlikely to sustain any disadvantage as a result of this proposal.

Environmental

The subject land is predominantly cleared of vegetation. No threats of serious or irreversible environmental damage or lack of scientific certainty have been identified in the environmental investigations undertaken in support of this application.

The flora and fauna assessment concludes that the development is unlikely to impact upon any threatened flora or fauna in the area. The conditions included should ensure that any flora or fauna existing in the area are provided with a reasonable environment for continued survival and that biological diversity and ecological integrity should be conserved for the benefit of future generations.

Financial

The proposal to create 14 allotments where there is currently one agricultural holding is likely to result in diversification and intensification of the agricultural activities on the subject land as well as injection of capital into the activity. It is considered that the conditions recommended should ensure that the environment is protected and preserved which will provide financial sustainability.

Conclusions

The proposal is to subdivide an existing holding with an area of 528 Ha into 14 allotments comprising 13 x 40ha allotments and a concessional allotment with an area of 4.5Ha. The proposal includes the creation of a new access road along the ridge which runs centrally through the property approximately in an east-west direction. The applicant has nominated a suitable dwelling site on each of the proposed allotments which generally complies with Council requirements. The proposal is considered to generally be of merit and is recommended fro approval by deferred commencement pending the submission of information pertaining to the construction of the access road.

RECOMMENDED

That the proposal be approved as deferred commencement subject to the following conditions:

DEFERRED COMMENCEMENT CONDITION:

The applicant shall carry out a flooding analysis of the existing bridge over Stanhope Creek. The bridge shall be modelled for a variety of ARI events up to and including the 100 year ARI event. The study shall include the level and duration of any inundation of the bridge and modelling of the impact of the calculated flood flows on the existing bridge. All calculations shall be carried out in accordance with Australian Rainfall and Runoff and Council’s Development Engineering Specifications. Full details and calculations shall be submitted to and approved by Council.

Reason: To ensure adequate and safe access is available to the development site.

This consent does not operate until this condition has been fulfilled and Council has issued a written notice to this effect.

That the above application be approved subject to the following conditions:-

1. APPROVAL IN ACCORDANCE WITH THE PLANS – The development shall be carried out in accordance with the development application, accompanying plans and documents described as PLAN OF PROPOSED SUBDIVISION OF LOT 12 DP 219780 351 CRANKY CORNER ROAD STANHOPE (revised) dated 23/08/04 and submitted on 8/6/04 & 25/August 2004.

Notes:

· Any alterations to the drawings and/or documentation, as approved by Council, will require further Council consent as per s96 of the Environmental Planning and Assessment Act.

· No other works, other than those approved by this consent notice, shall be carried out without prior consent from Council.

2. SURVEY MARKS - There being no interference with or destruction of Survey Marks and Council is to be advised in writing if any such interference occurs.

Reason: To protect the integrity of existing survey marks.

3. COUNCIL INDEMNITY - The Council is to be indemnified for the cost of damage caused to Council property (such as kerb and guttering and footpath) during any construction works carried out in accordance with the approval submitted plans and accompanying documentation.

Reason: To protect Council from incurring costs associated with damage caused by a third party.

4. RESTRICTION ON CONSTRUCTION WORKS - Construction activities on the site being carried out between 7.00 a.m. and 6.00 p.m. Monday to Friday and 8.00 a.m. to 1.00 p.m. Saturday (Sundays and Public Holidays prohibited) and not interfering with the amenity of the neighbourhood by reason of noise, dust or interference with traffic.

Reason: To protect the existing amenity of the locality.

5. RESTRICTION ON WORKS – No spoil or fill is to encroach upon the adjacent bushland/public reserve during the duration of works.

Reason: To protect the existing amenity the locality and Council’s existing infrastructure.

6. DRAINAGE DURING CONSTRUCTION - No interference to the flows in the watercourses during the construction of the proposed culverts and/or bridges, roads and associated works.

Reason: To protect the existing waterways and reduce the risk of environmental damage.

7. REMOVAL OF TEMPORARY WORKS - All temporary drainage, silt and sediment control devices are to be removed at the completion of construction works and disturbed areas restored to the satisfaction of Council.

Reason: To clarify the terms of consent.

8. CONSTRUCTION SIGNS - During the construction period, a sign of approximately 2 metres by 2 metres is to be erected to display particulars relating to the proposed works, including the name of the subdivider, the project supervisor, the contractor, a contact number for complaints or inquiries, and the hours of work. The sign is to be maintained in good condition during the construction period.

Reason: To clarify the terms of consent.

9. SUBDIVISION CERTIFICATE FEE – Payment of a Subdivision Certificate Fee being 120.00, prior to the final plan of subdivision being endorsed by Council.

Reason: To comply with Council’s adopted fees and charges.

10. SUBDIVISION REQUIREMENTS - Following the final survey, each lot is to comply with Council's subdivision requirements.

Reason: To ensure that the subdivision is carried out in accordance with Council’s subdivision requirements.

11. COMPLETION OF WORKS - Construction of all works to Council's satisfaction prior to the lodgement and release of the final plan of subdivision.

Reason: To ensure completion of construction prior to registration of the linen plan.

12. SUBDIVISION CERTIFICATE – Submission of an application for a Subdivision Certificate accompanied by the final plan of subdivision and 5 prints pursuant to Clause 79R of the Environmental Planning and Assessment Amendment Regulation 1998.

Reason: To provide for certification of the subdivision plan.

13. SUBMISSION OF ENGINEERING PLANS - Submission of an application for a Construction Certificate and 3 copies of engineering plans and specifications in accordance with Singleton Shire Councils Development Design and Construction. Specifications shall be provided for approval prior to the commencement of construction works. The following plans are to be provided:-

a. Minimum 80km/h design speed.

b. The access road (from Cranky Corner Road to the eastern boundary of proposed Lot 3) to be designed in accordance with Council’s Rural Road Construction standard being an 8 metre wide formation with a 7 metre wide, 2 coat bitumen seal and a minimum pavement thickness of 220 mm .

c. The access road (from the eastern boundary of proposed Lot 3 onwards) to be designed in accordance with Council’s Rural Road Construction standard being an 6 metre wide formation with a 4 metre wide , 2 coat bitumen seal and a minimum pavement thickness of 200 mm . Sealed passing bays are required every 200 metres.

d. Provision for an internal radial turning path of 12.5 m at the end of the cul de sac.

e. Cranky Corner Road from the western boundary of the site to the proposed access road to be designed in accordance with Council’s Rural Road Construction standard being an 8 metre wide formation with a 7 metre wide , 2 coat bitumen seal and a minimum pavement thickness of 220 mm .

f. Cranky Corner Road from the proposed access road to midway along the boundary of proposed Lot 1 be designed in accordance with Council’s Rural Road Construction standard being an 6 metre wide formation with a 4 metre wide, 2 coat bitumen seal and a minimum pavement thickness of 200 mm.

g. Sediment and erosion controls to be implemented before, during and after construction.

e. Stormwater Management Plan - provision of a stormwater management plan to serve the proposed subdivision. The stormwater drainage design shall be based on the publication "Australian Rainfall and Runoff" (The Institution of Engineers, 1987) with recurrence intervals as follows -

Trunk drainage 1 in 10 year

Bridges and other major structures 1 in 50 year

Overland flow paths 1 in 100 year

Reason: To ensure that adequate and safe all weather access is available to the development.

14. ACCESS CROSSING - Construct a suitably drained, gravelled and bitumen sealed vehicular access crossing from the edge of the access road to each property boundary, in accordance with Singleton Council's standard for Access to Rural Properties.

Reason: To ensure the provision of all weather vehicular access to each lot.

15. CONSTRUCTION OF ENGINEERING WORKS - Construction of all road, stormwater drainage and bulk earthworks associated with the development in accordance with the plans to be approved in respect of Condition 12 above.

Reason: To ensure that adequate and safe all weather access is available to the development.

16. RESTRICTION ON CONSTRUCTION WORKS - Construction activities on the site being carried out between 7.00 a.m. and 6.00 p.m. Monday to Friday and 8.00 a.m. and 1.00 p.m. Saturday and no work shall be carried out on Sunday or a Public Holiday. Construction shall not interfere with the amenity of the neighbourhood by reason of noise and/or dust nor interfere with traffic.

Reason: To protect the existing amenity of the locality.

17. SUBMISSION OF PLAN - At the completion of construction works for each subdivision stage, a "works as executed" plan is to be prepared and submitted to Council.

Reason: To ensure the works have been carried out in accordance with the approved plans.

18. RURAL ADDRESSING – Payment of a fee as set by Singleton Council’s Fees and Charges of fifty dollars per additional lot created for Rural Addressing of the lot. This fee is subject to annual adjustment such that the actual contribution payable is that fee payable at the date of release of the linen plan of subdivision or the date of prior payment, whichever occurs first.

Reason: To comply with Council’s adopted fees and charges.

19. VEGETATION REMOVAL - Any vegetation and or trees removed as a consequence of this approval shall not be burnt on the site. Onsite mulching of the material is recommended.

Reason: To minimise waste and pollution.

20. The applicant shall upgrade Cranky Corner Road from the western boundary of the site for a distance of 470 metres towards Stanhope Road to meet the following specifications:

a. Minimum 80km/h design speed.

b. Council’s Rural Road Construction standard being an 8 metre wide formation with a 7 metre wide, 2 coat bitumen seal and a minimum pavement thickness of 220mm.

Reason: To ensure Cranky Corner Road is upgraded to correspond with the increase in traffic generated by the development.

21. The applicant shall make a monetary contribution towards the upgrading of the timber bridge on Cranky Corner Road. In this regard the required contribution has been assessed at $27,000.00.

Reason: To ensure the existing timber bridge can be upgraded to correspond with the increase in traffic generated by the development.

22. TREE REMOVAL – Mature trees are to be retained wherever possible.

Any tree clearing that is necessary to undertake construction work may be cleared only during periods of low fauna breeding activity (such as autumn).

Prior to clearing any trees an assessment of the occupancy of tree hollows shall be undertaken. Where necessary, tree hollows shall be vacated and fauna relocated to a suitable habitat structure by a suitably experienced ecologist.

Tree hollows lost due to development on the site shall be replaced with appropriately dimensioned nest boxes in suitable locations at a ratio of 2:1 or greater.

Reason: To ensure that existing fauna habitat is protected.

23. WILDLIFE SIGNS – A road sign shall be installed adjacent to Cranky Corner Road near the western boundary of the subject land noting “threatened and endangered woodland birds and nocturnal mammals reside in the locality – please drive carefully and protect our native wildlife”. The sign shall be at least 1m x 1m and maintained at all times.

A separate Development Approval will be required for the sign.

Reason: To advise drivers of the resident native wildlife and to protect native wildlife.

24. ARCHAEOLOGICAL SITES – Archaeological sites numbered Stanhope Creek 9, 15 & 17 in the accompanying Statement of Environmental Effects are to be protected by a buffer. The size of the buffer is to be determined by the nature and extent of the site and the buffer must be large enough to protect the site from damage.

A “restriction as to user” is to be included advising of the presence of Aboriginal artefacts on the relevant allotments and advising that no development is to occur within the buffer surrounding the artefacts.

Reason: To ensure the protection of significant Aboriginal artefacts.

25. ARCHAEOLOGICAL SITES – Should any works be undertaken that are likely to affect any Aboriginal sites and/or objects a Section 90 Consent Approval under the NSW National Parks & Wildlife Service Act 1974 is required prior to undertaking any such work.

Should any Aboriginal objects or sites be located during development on the subject land, the developer is required by law to stop all work and immediately inform the NSW national Parks & Wildlife Service

Reason: To advise the applicant of their responsibilities under the s 90 of the NSW National Parks & Wildlife Service Act 1975 and to protect Aboriginal objects and/or sites.

26. FINANCIAL CONTRIBUTIONS – Payment of the following contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Council’s Section 94 Contributions Plan No. 1.

Contributions are subject to annual adjustment such that the actual contributions will be those current at the date of payment.

Community Facilities $ 8502.00

Local & Shire Open Space $ 3354.00

Rural Roads $22,880.00

Section 94 Studies $ 21.00

The payments are to be received by Council prior to the release of the linen plan.

Reason: To implement Council’s Section 94 Contribution Plan No. 1, a copy of which is available for inspection at Council offices during normal office hours.

27. The Following General Terms of Approval have been submitted by the (NSW Rural Fire Service) and are included as conditions on this approval:-

A tank with a capacity of at least 5,000 litres for a dedicated fire fighting supply shall be provided for each dwelling. A 65mm or 38mm Storz fitting and ball or gate valve shall be installed in each tank.

Reason: To ensure the requirements of the (NSW Rural Fire Service) are observed.

28. EROSION AND SEDIMENT CONTROL – All work undertaken in association with this application shall comply with the requirements of Council’s Erosion and Sediment Control Development Control Plan. It is the proponent’s responsibility to ensure that all contractors and sub-contractors comply with this requirement.

Reason: To prevent the land from being degraded, to protect waterways from being degraded and to promote and protect biodiversity.

29. ELECTRICITY – The submission of documentary evidence from Energy Australia that satisfactory arrangements have been made for:

· The provision of easements in favour of Energy Australia over private land for existing and proposed power lines and where the development requires the relocation of power lines or other assets of Energy Australia.

· The provision of a grid based overhead electricity supply to each of the resultant lots of the subdivision.

Reason: To ensure the provision of power to each resultant lot in accordance with Council policy.

Attachments

AT-1 View	Locality Plan	1 page(s)
AT-2 View	Proposed Subdivision Plan	1 page(s)
AT-3 View	Letter for NSW Department of Primary Industries	2 page(s)
AT-4 View	Letter Jall Projects	2 page(s)
AT-5 View	Archaeological Risk Assessment Plan	1 page(s)
AT-6 View	S1 - Objection Letter	1 page(s)
AT-7 View	S2 - Objection Letter	1 page(s)
AT-8 View	S3 - Objection Letter	1 page(s)
AT-9 View	S4 - Objection Letter	1 page(s)

Attachment 1	General Manager's Report No. 14/04
Upper - Northern Hunter REMS	Upper - Northern Hunter Regional Environmental Management Strategy

Attachment 1	Director Corporate and Development Services Report No. 23/04
Statement of Performance Measure	2003/2004 Annual Financial Reports

Attachment 1	Manager Planning & Development Report No. 11/04
Locality Plan	ROAD NAMING OF SUBDIVISION ROAD

Attachment 2	Manager Planning & Development Report No. 11/04
Subdivision Plan	ROAD NAMING OF SUBDIVISION ROAD

Attachment 1	Manager Planning & Development Report No. 11/04
Draft Minutes - Newcastle Parachute Club Community Consultative Committee	NEWCASTLE SPORTS PARACHUTE CLUB COMMUNITY CONSULTATIVE COMMITTEE (NSPC-CCC)

SINGLETON COUNCIL Minutes_Item	Meeting of the Corporate and Development Services Committee - 13 September 2004

	General Manager's Report No. 14/04

SINGLETON COUNCIL	Meeting of the Corporate and Development Services Committee - 13 September 2004

	Economic Development Officer’s Report No. 6/04

AT-1 View	Draft Minutes - Newcastle Parachute Club Community Consultative Committee	1 page(s)
AT-2 View	Letter to S Thornton - Newcastle Parachute Club Community Consultative Committee	1 page(s)

Attachment 2	Manager Planning & Development Report No. 11/04
Proposed Subdivision Plan	Subdivision - 14 Allotments

Attachment 3	Manager Planning & Development Report No. 11/04
Letter for NSW Department of Primary Industries	Subdivision - 14 Allotments

Attachment 4	Manager Planning & Development Report No. 11/04
Letter Jall Projects	Subdivision - 14 Allotments

Attachment 5	Manager Planning & Development Report No. 11/04
Archaeological Risk Assessment Plan	Subdivision - 14 Allotments

Attachment 6	Manager Planning & Development Report No. 11/04
S1 - Objection Letter	Subdivision - 14 Allotments

Attachment 7	Manager Planning & Development Report No. 11/04
S2 - Objection Letter	Subdivision - 14 Allotments

Attachment 8	Manager Planning & Development Report No. 11/04
S3 - Objection Letter	Subdivision - 14 Allotments

Attachment 9	Manager Planning & Development Report No. 11/04
S4 - Objection Letter	Subdivision - 14 Allotments

Attachment 1	Manager Planning & Development Report No. 11/04
Water Quality Monitoring Program - August	WATER QUALITY MONITORING PROGRAM

Attachment 1	Manager Planning & Development Report No. 11/04
Minutes of Glennies Creek Colliery Community Consultative Commitee Meeting	Minutes of Glennies Creek Community Consultative Committee

Attachment 1	Manager Planning & Development Report No. 11/04
Minutes of Hunter Valley Operations Community Consultative Committee meeting	Hunter Valley Operations CCC

Attachment 1	Manager Planning & Development Report No. 11/04
Minutes of Camberwell Coal Community Consultative Committee Meeting	Camberwell Coal Community Consultative Committee

Attachment 1	Manager Planning & Development Report No. 11/04
Minutes of Liddell Coal Mine Community Consultative Committee Meeting	Minutes of Liddell Coal Mine Community Consultative Committee Meeting

Attachment 1	Manager Planning & Development Report No. 11/04
Minutes of Ashton Coal Mine Community Consultative Committee Meeting	Minutes of Ashton Coal Mine Community Consultative Committee Meeting