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TAMWORTH REGIONAL
COUNCIL
Notice is hereby given, in accordance with the provisions of the Local Government Act
1993, that a Meeting of Tamworth Regional Council will be held in the Council
Chambers, 4th Floor Ray Walsh House, 437 Peel Street, Tamworth, commencing
at 6:30pm.
ORDINARY COUNCIL AGENDA
13 NOVEMBER 2018
PAUL BENNETT
GENERAL MANAGERTamworth Regional Council – Ordinary Council – 13 November 2018
Order of Business
ITEM SUBJECT PAGE NO
1 APOLOGIES AND LEAVE OF ABSENCE ................................................................... 5
2 COMMUNITY CONSULTATION................................................................................... 5
3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR APPROVAL ......................... 5
4 DISCLOSURE OF INTEREST ...................................................................................... 5
5 MAYORAL MINUTE ..................................................................................................... 5
6 NOTICE OF MOTION ................................................................................................... 5
OPEN COUNCIL REPORTS 5
7 ENVIRONMENT AND PLANNING ............................................................................... 5
7.1 DEVELOPMENT APPLICATION DA2017/0323 FOR CONSTRUCTION OF SUPERMARKET,
ASSOCIATED SIGNAGE, CARPARK AND SUBDIVISION TO CREATE TWO LOTS ON LOT 1
DP 797999, 7 SCOTT ROAD, SOUTH TAMWORTH .................................................... 5
2 ANNEXURES ATTACHED
1 CONFIDENTIAL ENCLOSURES ENCLOSED
7.2 AMENDMENT TO THE TAMWORTH REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 -
PLANNING PROPOSAL TO REMOVE CARAVAN PARKS FROM THE RE2 PRIVATE
RECREATION ZONE .............................................................................................. 22
4 ANNEXURES ATTACHED
8 INFRASTRUCTURE AND SERVICES ....................................................................... 26
8.1 REQUEST TO INSTALL COMMEMORATIVE PLAQUE AT MOONBI LOOKOUT ................. 26
2 ANNEXURES ATTACHED
8.2 IPART - REVIEW OF RURAL W ATER COST SHARES ............................................... 27
2 ANNEXURES ATTACHED
8.3 PROPOSED LICENCE AGREEMENT FOR THE RURAL FIRE SERVICE .......................... 32
8.4 PROPOSED CHANGES TO THE PEEL W ATER SHARING PLAN AND W ITHDRAWAL FROM
A PREVIOUS INFORMAL AGREEMENT WTIH RESPECT TO AVAILABLE WATER
DETERMINATIONS ................................................................................................ 33
2 ANNEXURES ATTACHED
8.5 POLICIES FOR KERBSIDE GREENWASTE AND RECYCLING BIN CONTAMINATION........ 37
2 ANNEXURES ATTACHED
9 GOVERNANCE, STRATEGY AND FINANCE ............................................................ 39
9.1 TAMWORTH REGIONAL COUNCIL CONSOLIDATED FINANCIAL REPORTS FOR PERIOD
ENDED 30 JUNE 2018 .......................................................................................... 39
9.2 EVOCITIES MEMORANDUM OF UNDERSTANDING 2019-2023 .................................. 44
2 ANNEXURES ATTACHED
9.3 TAMWORTH REGIONAL COUNCIL - NEW FEES AND CHARGES 2018/2019 ................ 48
Page iTamworth Regional Council – Ordinary Council – 13 November 2018
10 COMMUNITY SERVICES ........................................................................................... 49
10.1 CRIME PREVENTION W ORKING GROUP MEETING - 24 AUGUST 2018 ...................... 49
1 ANNEXURES ATTACHED
10.2 MATCH PLACEMENT AGREEMENT – W ESTS TIGERS ............................................... 51
11 REPORTS FROM DELEGATES ................................................................................ 52
11.1 2018 LOCAL GOVERNMENT NSW ANNAUL CONFERENCE ...................................... 52
11.2 ARTSTATE BATHURST 2018 ................................................................................. 54
12 QUESTIONS ON NOTICE .......................................................................................... 54
13 REPORTS TO BE CONSIDERED IN CLOSED COUNCIL ......................................... 54
13.1 MEMORANDUM OF UNDERSTANDING - INVESTIGATION OF PUMPED HYDRO
ELECTRICITY SCHEME UTILISING THE EXISTING, UPGRADED, OR PROPOSED NEW ,
DUNGOWAN DAM ................................................................................................. 55
13.2 PROPOSAL TO LEASE PART 7-11 ANNE STREET, SOUTH TAMWORTH...................... 55
13.3 POSSIBLE ACQUISTION OF A PORTION OF PROPERTY FOR ROAD W IDENING - BYLONG
ROAD ................................................................................................................. 55
13.4 ILLUMINATED STREET SIGNS - CLAUDE OUTDOOR PROPOSAL ................................ 56
Page iiTamworth Regional Council – Ordinary Council – 13 November 2018
Council
nd th
Meeting Date: 2 and 4 Tuesday of the month commencing at 6:30pm.
Matters determined by Ordinary meetings will include all those non-delegable functions identified in Section 377 of the Local
Government Act as follows:
“the appointment of a general manager
the making of a rate
a determination under section 549 as to the levying of a rate
the making of a charge
the fixing of a fee
the borrowing of money
the voting of money for expenditure on its works, services or operations
the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not
including the sale of items of plant or equipment)
the acceptance of tenders which are required under this Act to be invited by the council
the adoption of an operational plan under section 405
the adoption of a financial statement included in an annual financial report
a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6
the fixing of an amount or rate for the carrying out by the council of work on private land
the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the
council for the carrying out of any such work
the review of a determination made by the council, and not by a delegate of the council, of an application for
approval or an application that may be reviewed under section 82A of the Environmental Planning and
Assessment Act 1979
the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises
under section 194
a decision under section 356 to contribute money or otherwise grant financial assistance to persons
the making of an application, or the giving of a notice, to the Governor or Minister
this power of delegation
any function under this or any other Act that is expressly required to be exercised by resolution of the council.”
Other matters and functions determined by Ordinary Council Meetings will include:
Notices of Motion
Notices of Motion of Rescission
Council Elections, Polls, Constitutional Referendums and Public Hearings/Inquiries
Ministerial Committees and Inquiries
Mayor and Councillors Annual Fees
Payment of Expenses and Provision of Facilities to Mayor and Councillors
Local Government Remuneration Tribunal
Local Government Boundaries
NSW Ombudsman
Administrative Decisions Tribunal
Delegation of Functions by the Minister
Delegation of Functions to General Manager and Principal Committees
Organisation Structure
Code of Conduct
Code of Meeting Practice
Honesty and Disclosure of Interests
Access to Information
Protection of Privacy
Enforcement Functions (statutory breaches/prosecutions/recovery of rates)
Dispute Resolution
Council Land and Property Development
Annual Financial Reports, Auditors Reports, Annual Reports and Statement of the Environment Reports
Performance of the General Manager
Equal Employment Opportunity
Powers of Entry
Liability and Insurance
Membership of Organisations
Membership: All Councillors
Quorum: Five members
Chairperson: The Mayor
Deputy Chairperson: The Deputy Mayor
Page 3Tamworth Regional Council – Ordinary Council – 13 November 2018
Community Consultation Policy
The first 30 minutes of Open Council Meetings is available for members of the Public to address the
Council Meeting or submit questions either verbally or in writing, on matters INCLUDED in the Business
Paper for the Meeting.
Members of the public will be permitted a maximum of three minutes to address the Council Meeting.
An extension of time may be granted if deemed necessary.
Members of the public seeking to represent or speak on behalf of a third party must satisfy the Council
or Committee Meeting that he or she has the authority to represent or speak on behalf of the third party.
Members of the public wishing to address Council Meetings are requested to contact Council either by
telephone, in person or online prior to 4:30pm the day of the Meeting to address the Council Meeting.
Persons not registered to speak will not be able to address Council at the Meeting.
Council will only permit three speakers in support and three speakers in opposition to a recommendation
contained in the Business Paper. If there are more than three speakers, Council’s Governance division
will contact all registered speakers to determine who will address Council. In relation to a Development
Application, the applicant will be reserved a position to speak.
Members of the public will not be permitted to raise matters or provide information which involves:
personnel matters concerning particular individuals (other than Councillors);
personal hardship of any resident or ratepayer;
information that would, if disclosed confer a commercial advantage on a person with whom
Council is conducting (or proposes to conduct) business;
Commercial information of a confidential nature that would, if disclosed:
- prejudice the commercial position of the person who supplied it, or
- confer a commercial advantage on a competitor of the Council; or
- reveal a trade secret;
information that would, if disclosed prejudice the maintenance of law;
matters affecting the security of the Council, Councillors, Council staff or Council property;
advice concerning litigation or advice that would otherwise be privileged form production in legal
proceedings on the ground of legal professional privilege;
information concerning the nature and location of a place or an item of Aboriginal significance on
community land;
alleged contraventions of any Code of Conduct requirements applicable under Section440; or
on balance, be contrary to the public interest.
Members of the public will not be permitted to use Community Consultation to abuse, vilify, insult,
threaten, intimidate or harass Councillors, Council staff or other members of the public. Conduct of this
nature will be deemed to be an act of disorder and the person engaging in such behaviour will be ruled
out of the order and may be expelled.
Disclosure of Political Donations or Gifts
If you have made a relevant planning application to Council which is listed for determination on the
Council Business Paper you must disclose any political donation or gift made to any councillor or
employee of the Council within the period commencing two years before the application is made and
ending when the application is determined (Section 147(4) Environmental Planning and Assessment Act
1979).
If you have made a relevant public submission to Council in relation to a relevant planning application
which is listed for determination on the Council Business Paper you must disclose any political donation
or gifts made to any councillor or employee of the Council by you as the person making the submission
or any associate within the period commencing two years before the submission is made and ending
when the application is determined (Section 147(5) Environmental Planning and Assessment Act 1979).
Page 4Tamworth Regional Council – Ordinary Council – 13 November 2018
AGENDA
1 APOLOGIES AND LEAVE OF ABSENCE
2 COMMUNITY CONSULTATION
3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR
APPROVAL
RECOMMENDATION
That the Minutes of the Ordinary Meeting held on Tuesday, 30 October 2018, copies of
which were circulated, be taken as read and confirmed as a correct record of the
proceedings of the Meeting.
4 DISCLOSURE OF INTEREST
Pecuniary Interest
Non Pecuniary Conflict of Interest
Political Donations
5 MAYORAL MINUTE
Nil
6 NOTICE OF MOTION
Nil
OPEN COUNCIL REPORTS
7 ENVIRONMENT AND PLANNING
7.1 DEVELOPMENT APPLICATION DA2017/0323 FOR CONSTRUCTION OF
SUPERMARKET, ASSOCIATED SIGNAGE, CARPARK AND SUBDIVISION TO CREATE
TWO LOTS ON LOT 1 DP 797999, 7 SCOTT ROAD, SOUTH TAMWORTH – FILE NO
SF5761
DIRECTORATE: PLANNING AND COMPLIANCE
AUTHOR: Dan Whale, Development Assessment Planner
2 ANNEXURES ATTACHED
1 CONFIDENTIAL ENCLOSURES ENCLOSED
GENERAL MANAGER’S ADVISORY NOTE TO:
Councillors
Applicants
Persons making public submissions (written or verbal) Members of the Public
Record (Division) of Voting
Page 5Tamworth Regional Council – Ordinary Council – 13 November 2018
In accordance with Section 375A(3) of the Local Government Act 1993, a Division is required to be called
whenever a motion for a planning decision is put at a meeting of the Council or a Council Committee.
A DIVISION under Section 375A(3) of the Act is required on this Planning Application.
(i) Relevant Planning Application
In accordance with Section 10.4(4) of the Environmental Planning and Assessment Act 1979, a person who
makes a relevant planning application to Council is required to disclose the following reportable political
donations and gifts (if any) made by a person with a financial interest in the application within the period
commencing 2 years before the application is made and ending when the application is determined:
(a) all reportable political donations made to any local councillor of the Council;
(b) all gifts made to any local councillor or employee of the Council.
(ii) Relevant Public Submission
In accordance with Section 10.4(5) of the Environmental Planning and Assessment Act 1979, a person who
makes a relevant public submission to Council in relation to a relevant planning application made to the
Council is required to disclose the following reportable political donations and gifts (if any) made by the
person making the submission or any associate of that person within the period commencing two years
before the submission is made and ending when the application is determined:
(a) all reportable political donations made to any local councillor of the Council;
(b) all gifts made to any local councillor or employee of the Council.
Disclosure of Reportable Political Donations and Gifts
Planning Applications
Nil
Public Submissions
17
RECOMMENDATION
That in relation to Development Application No. DA2017/0323 for Construction of
Supermarket, Associated Signage, Carpark and Subdivision to Create Two Lots on Lot
1 DP 797999, 7 Scott Road, South Tamworth, that the development application be
refused for the following reasons:
(i) in accordance with the Tamworth Regional Local Environmental Plan 2010, the
proposal does not satisfy the objectives of the B4 Mixed Use zone because:
the development has not demonstrated that it is compatible with adjoining
residential dwellings; and
the development has not addressed suitable access to the site via public
transport, pedestrian or cycling modes due to the unresolved traffic and
access concerns;
(ii) in accordance with the Commercial/Retail Development Controls contained
within the Tamworth Regional Development Control Plan 2010, suitable vehicle
site access has not been demonstrated as the development will likely have a
detrimental impact on a Classified Road and the surrounding local roads;
(iii) the proposed changes to road network, including the removal of the parking lane
on the southern side of Scott Road will impact on the neighbouring properties
and the ongoing functionality and efficiency of the road network;
Page 6Tamworth Regional Council – Ordinary Council – 13 November 2018
(iv) the site is not suitable for the proposed development for the reasons identified
above; and
(v) the development is not in the public interest for the reasons identified above.
APPLICATION DETAILS:
Application No. DA2017/0323
Application For: Construction of Supermarket, Associated Signage, Car
Park and Subdivision to Create Two Lots
Date Received: 8 February 2017
Applicant: Stimson & Baker Planning
Owner: Mr RE & Mrs MJ Ambrose
Land/Address: Lot 1 DP 797999, 7 Scott Road, South Tamworth
Zoning: B4 Mixed Use - Tamworth Regional Local Environmental
Plan 2010
DEVELOPMENT ASSESSMENT SUMMARY
The key issue for this proposal is the impact of the development on the ongoing
functionality and efficiency of the Classified Road, being Scott Road. As neither Council,
nor NSW Roads and Maritime Services are satisfied as to the potential impacts of the
development on traffic and access, it is recommended that the Development Application is
determined by refusal.
It is recognised that a significant period of time has elapsed between lodgement of the
application and referral to Council for determination. This period has allowed all avenues
for traffic and access to be investigated and exhausted by the proponent.
Upon conclusion of the assessment process, the proponent was advised that if the
application was not withdrawn, Council officers would refer the matter to a Council Meeting
with a recommendation of refusal. The proponent has elected to have the application
determined.
DESCRIPTION OF PROPOSAL:
A Development Application has been lodged seeking consent for the construction of a
supermarket and associated signage and car parking on Lot 1 DP 797999, 7 Scott Road,
South Tamworth. The application also seeks consent to subdivide the land to create two
new lots; one containing the existing dwelling and the other a lot on which the supermarket is
to be constructed.
The supermarket is to be operated by the Aldi chain and will have a gross floor area of
1727m². It is intended that the supermarket will operate with a staff of up to 20 people
between the hours of 8:30am – 8:00pm on Monday, Tuesday, Wednesday, Friday, Saturday
and Sunday, and 8:30am – 9:00pm on Thursday. There are 102 car parking spaces,
including three accessible spaces proposed in association with the use, and also a free-
standing illuminated pole sign 5.4 metres in height.
Page 7Tamworth Regional Council – Ordinary Council – 13 November 2018
The supermarket and associated infrastructure would be constructed on proposed Lot 2
which is to be 2.09 hectares in area.
Proposed Lot 1 is to be 4088m2, and as noted above will contain the existing dwelling and
ancillary buildings.
Plans of the proposed development are ATTACHED, refer ANNEXURE 1.
SUBJECT SITE AND LOCALITY MAP:
The subject property is Lot 1 DP 797999, 7 Scott Road, South Tamworth. The site is located
on the northern side of Scott Road, opposite the intersection with Karwin Street. The
property contains a dwelling and several ancillary buildings. The remainder of the site is
vacant land, except for a billabong (Barnes Gully).
Residential development is located to the west and south of the site, although the land
around Hilton Street is zoned for commercial uses. The land to the north and east consists
of floodplain which is used for agricultural pursuits.
A map of the locality is ATTACHED, refer ANNEXURE 2.
BACKGROUND
The western portion of the land has been zoned for business since the late 1970s. In 2013,
the company ‘Masters – Home Improvement’ lodged a Planning Proposal to rezone the
remaining portion of the site, and that process concluded with introduction of the B4 Mixed
Use zone and a floor space ratio in the western portion of the site in August 2014. The
lodgement of a Development Application by ‘Masters – Home Improvement’ never
eventuated and the company later went into liquidation.
Aldi arranged a pre-development meeting in August 2016, prior to lodgement of this
Development Application. The primary consideration for the development identified at the
meeting was traffic and access, and the potential impacts on Scott Road and the surrounding
street network.
Aldi have not proposed the same access solution as the Masters proposal for the site, which
included access from Locks Lane with a bridge over Barnes Gully. Instead, the access to the
proposed Aldi development is to be from a single driveway for ingress and egress off Scott
Road.
ASSESSMENT REPORT:
Environmental Planning and Assessment Act 1979
s.4.46 Integrated Development
The proposal is integrated development, requiring a controlled activity permit from the
Department of Primary Industries – Water (DPI - Water) pursuant to the Water Management
Act 2000 for works within 40 metres of a natural water course. In this regard, it is proposed
to discharge stormwater from the development into Barnes Gully located directly to the east
of the subject site.
The DPI - Water issued their General Terms of Approval to Council on 3 April 2017 with
conditional approval for the development.
The following matters listed under Section 4.15 of the Environmental Planning and
Assessment Act 1979, are relevant in considering this application:
Page 8Tamworth Regional Council – Ordinary Council – 13 November 2018
s.4.15(1)(a)(i) Provisions of any environmental planning instrument
State Environmental Planning Policies
State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)
Pursuant to clause 7 of SEPP 55, Council is required to consider the potential for land
contamination to exist on the site and therefore whether or not the property is suitable for the
proposed land use. The property has historically been utilised for residential purposes, with
some livestock grazing toward Barnes Gully.
An Environmental Site Assessment Report was undertaken by Geo-Logix for the Masters
Planning Proposal. The report found that the site and surrounding site has a mixed history of
residential commercial and agricultural use. The contamination report found that given the
site history and the testing undertaken, that the potential for widespread contamination was
low.
Aldi engaged Eastwest Enviro Ag to undertake a gap analysis of the previous investigation
for the Masters Development. The additional tests were all below the threshold levels for
commercial use. As such, no further consideration is required under SEPP 55.
State Environmental Planning Policy No. 64 – Advertising & Signage (SEPP 64):
Pursuant to clause 13 of SEPP 64, Council must not consent to an application to display an
advertisement unless satisfied having regard to the assessment criteria in Schedule 1, that
the proposal is acceptable in terms of its impacts.
The proposed signage includes a 5.4 metre high illuminated pole sign, plus three illuminated
box signs 2 x 2.4 metres attached to the south, east and west elevations. The combination
of the small number of signs, together with their placement and content are considered to be
consistent with the requirements of SEPP 64.
State Environmental Planning Policy (Infrastructure) 2007 (ISEPP):
The proposal is a traffic generating development pursuant to Schedule 3 of the ISEPP.
Clause 101(2) states that Council must not grant consent to development on land that has a
frontage to a Classified Road unless it is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the
Classified Road, and
(b) the safety, efficiency and ongoing operation of the Classified Road will not be adversely
affected by the development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the development, or
(iii) the nature, volume or frequency of vehicles using the Classified Road to gain
access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or
is appropriately located and designed, or includes measures, to ameliorate potential
traffic noise or vehicle emissions within the site of the development arising from the
adjacent Classified Road.
In this regard:
(a) Scott Road is a Classified Road. Direct vehicular access is proposed from Scott Road
because there is no other economically viable alternative.
Page 9Tamworth Regional Council – Ordinary Council – 13 November 2018
(b) (i)(iii) The Parking and Traffic Assessment, prepared by Christopher Hallam &
Associates Pty Ltd, identifies that neither the design of the vehicular access to the land
nor the nature, volume or frequency of vehicles using the Classified Road to gain
access to the land will adversely affect the considerations described by this clause.
However, this is contrary to Roads and Maritime Services (RMS) and Council staff’s
position that the development cannot operate without causing detrimental impact to the
existing road network.
(ii) The proposal is for a supermarket which does not produce smoke or dust.
c) The proposal is for a supermarket which is not sensitive to traffic noise or vehicle
emissions that may arise from the adjacent Classified Road.
The application was referred to RMS pursuant to Schedule 3 of the ISEPP. A detailed
assessment of the advice from RMS regarding the traffic issues associated with the
development is provided later in this report.
However, the recommendation of RMS is that Council does not support the development due
to the potential for significant road safety issues which have not been resolved by the
applicant. The proponent has elected not to submit any further information to support the
application and address the concerns of the RMS.
Local Environmental Plan
Tamworth Regional Local Environmental Plan 2010:
The subject site is zoned B4 Mixed Use pursuant to Tamworth Regional Local Environmental
Plan 2010. The objectives of the zone are as follows:
to provide a mixture of compatible land uses.
to integrate suitable business, office, residential, retail and other development in
accessible locations so as to maximise public transport patronage and encourage
walking and cycling.
The proposal is not consistent with the objectives of the zone because it is not compatible
with adjoining residential land uses and because the development will not result in a retail
land use being in an accessible location so as to maximise public transport patronage and
encourage walking and cycling due to the constraints in accessing the site on foot and all
forms of transport.
The proposed development is defined as a “shop” which is permissible with consent in the
zone.
Clause 2.6 requires that land can only be subdivided with consent. This Development
Application seeks consent for subdivision to create two lots.
Clause 4.1 requires that the size of any lot resulting from a subdivision of land is not less
than the minimum lot size shown on the Lot Size Map. In this instance, there is no minimum
lot size nominated for the land.
Clause 4.5 contains the provisions relating to the calculation of the site area for development.
In this regard, the Floor Space Ratio map nominates a floor space ratio of 0.5:1 for the
western portion of the site. This area of the site does not comprise part of this application.
Clause 7.2 aims to minimise the flood risk to life and property associated with the use of
land. The western portion of the site is nominated as a flood planning area on the Flood
Planning Map. This area of the site does not comprise part of this application.
Page 10Tamworth Regional Council – Ordinary Council – 13 November 2018
Clause 7.4 refers to development in zones B1 and B4 and restricts the gross floor area of
shops in these zones to 2500m2. The proposal complies with the requirements of this clause
with a proposed gross floor area of 1727m².
Contributions Plan
Changes to the Environmental Planning and Assessment Act 1979 came into effect on 1
March 2018. Contributions towards the provision or improvement of amenities or services
previously levied under s.94 are now levied under s.7.11, and fixed development consent
previously levied under s.94A are now levied under s.7.12. These changes do not affect the
Plans previously made.
Tamworth Regional Council Section 94A (Indirect) Contributions Plan 2013 (s.94 Plan)
In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979,
s.94 Plan monetary contributions must be paid to Council to cater for the increased demand
for community infrastructure resulting from development. A contribution of over $53,000
would be applicable to this development.
s.4.15(1)(a)(ii) Provisions of any draft environmental planning instrument
There are no draft environmental planning instruments applicable to the proposal.
s.4.15(1)(a)(iii) Provisions of any Development Control Plan
Tamworth Regional Development Control Plan 2010 (TRDCP 2010)
The Commercial/Retail Development Controls and Subdivision Development Controls
chapters of the TRDCP 2010 are applicable to the proposal. The proposal is consistent with
the relevant provisions of these chapters with the exception of traffic and access, which are
addressed in the table below and discussed in detail later in the report.
Traffic and Access
Requirement Comment Complies?
The verge for the The verge is proposed to be constructed of Yes
frontage of the hardstand materials to facilitate safe, low-
development is to be maintenance pedestrian access.
constructed of
hardstand materials to
facilitate safe, low-
maintenance
pedestrian access.
All vehicles must be The development plans demonstrate that all Yes
able to enter and exit vehicles, including heavy vehicles can enter
the site in a forward and exit the site in a forward direction.
direction.
Design must The design seeks to limit conflict between Yes
demonstrate no pedestrians and customer and delivery
conflict between vehicles. Design elements include the
pedestrian, customer provision of footpaths, pedestrian
vehicles and delivery crossings/islands within car parking areas
vehicles. and the installation of bollards around the
Page 11Tamworth Regional Council – Ordinary Council – 13 November 2018
forecourt area. The greatest potential for
conflict exists between customer vehicles
and delivery vehicles and to address this
issue, it is proposed to locate access routes
for delivery vehicles along the eastern
periphery of the site away from the main car
parking areas. Pedestrian areas have also
been separated from the major thoroughfare
for delivery vehicles to minimise conflict.
Wearing surfaces for Hardstand areas for all vehicle manoeuvring Yes
access driveways, areas have been designed relative to the
parking areas, design vehicle.
loading/unloading
facilities and
associated vehicle
manoeuvring areas
relative to the design
vehicle.
Unsealed vehicle No unsealed vehicle movement areas are Yes
movement areas are proposed.
not acceptable due to
environmental
management impacts.
Loading bay(s) must The loading bay is to be located at the rear Yes
be sited to avoid use of the site behind the main building. The
for other purposes location is not anticipated to lend itself to
such as customer parking and/or storage as there is suitable
parking or materials parking and storage infrastructure provided
storage and be line elsewhere upon the site.
marked and sign
posted.
Site access not The proposed development will be located No
permitted: approximately 250m from the intersection of
Goonoo Goonoo Road and Scott Road,
- Close to traffic
forming part of the Classified Road network
signals,
intersection or known as the New England Highway. The
roundabouts intersection is one of the busiest in the
with inadequate Tamworth region and regularly experiences
site distances; high traffic volumes during daily peak
periods. The proposed development is a
- Opposite other
high traffic generating business, and
large
includes changes to the road network so as
developments
without a to allow for right hand vehicle movements
median island; both in and out of the site.
- Where there is The proposed development site is not
heavy and located in close proximity to any other large
Page 12Tamworth Regional Council – Ordinary Council – 13 November 2018
constant development, nor is there heavy and/or
pedestrian constant pedestrian movement on the
movement on existing footpath.
the footpath;
It is proposed that a turning lane would be
- Where right created in Scott Road for south-bound
turning traffic vehicles turning right into the site, along with
entering the site
may obstruct
a merging lane for vehicles turning right out
through traffic of the site to allow these vehicles to re-join
the through traffic heading south along Scott
Road. The existing parking lane utilised by
residents of dwellings located on the
southern side of Scott Road would be
acquired for the purpose of providing a
through traffic lane for southbound vehicles
because without the provision of a though-
lane, traffic turning right into the
development would obstruct through traffic
heading southbound along Scott Road.
The removal of the existing parking lane for
residents along the southern side of Scott
Road is not a safe outcome for residents
because of the high volume of traffic in
Scott Road. Currently residents utilise the
parking lane to either; a) park their vehicle,
or b) reverse their vehicle out of their
driveway and into the parking lane to allow
them to safely merge into the through traffic
lane. Removal of the parking lane will result
in unsafe vehicle movements for residents
along Scott Road which will subsequently
increase the risk of a traffic incident
occurring.
The location of utilities within the road
reserve including above-ground electricity
infrastructure is likely to conflict with heavy
vehicles travelling southbound on Scott
Road should they be forced to utilise the
proposed through traffic lane. RMS have
indicated that such utility infrastructure
would be required to be relocated in order to
accommodate use of the through-lane by
trucks and other tall vehicles which could
potentially impact infrastructure in the area
due to the proximity of poles to the kerb in
combination with the camber of the road.
Traffic issues associated with the proposed
development are anticipated to have a
detrimental impact upon the existing
Classified Road network and this has been
Page 13Tamworth Regional Council – Ordinary Council – 13 November 2018
reiterated through the external referral
response received from RMS, as the Roads
Authority. Therefore, the development
should not be supported as proposed.
Separate, signposted The proposed development will be provided Yes
entrance and exit with a single combined entry/exit driveway
driveways are with ingress and egress paths being
required for separated by a median.
developments
requiring more than
50 parking spaces or
where development
generates a high
turnover of traffic.
The number of access The proposed development will be provided Yes
points from a site to with a single combined entry/exit driveway.
any one street
frontage is limited to 1
ingress and 1 egress.
Driveways must be The applicant has indicated that all Yes
provided in driveways and vehicle manoeuvring areas
accordance with will be constructed in accordance with
AS2890.1 Parking AS2890.1.
Facilities.
Manoeuvring areas The applicant has indicated that all Yes
within the driveways and vehicle manoeuvring areas
development must be will be constructed in accordance with
designed to AS2890.1.
accommodate a B99
vehicle under
AS2890.1 Parking
Facilities for Off Street
Parking.
Page 14Tamworth Regional Council – Ordinary Council – 13 November 2018
Nominate that a A pedestrian footpath is proposed to be Yes
pedestrian footpath be provided along the frontage of the
constructed for the full development site and will connect into the
frontage of a existing footpath network along Scott Road.
development to a
width consistent with
any connecting
pedestrian footpath or
where there is no
connecting footpath in
accordance with
Council’s Engineering
Guidelines for
Subdivisions and
Developments.
Swept paths for a B99 Swept paths for a B99 vehicle have not Yes
vehicle must be been shown on the development plans.
shown on plans Swept paths for 12.5m and 19.0m long
prepared to delivery vehicles have been provided
accompany the DA. demonstrating the ability for delivery
vehicles to enter/exit the site in a forward
manner.
s.4.15(1)(a)(iiia) Provisions of any Planning Agreement
There are no Planning Agreements applicable to the proposal.
s.4.15(1)(a)(iv) Any matters prescribed by the Regulations
There are no matters prescribed by the Regulations applicable to the proposal.
s.4.15(1)(b) The likely impacts of development including environmental impacts
on both natural and built environments and social/economic impacts
in the locality
Traffic, Access and Transport
A Traffic Impact Assessment (TIA) was prepared by Christopher Hallam & Associates Pty Ltd
in relation to both traffic and parking impacts associated with the proposed development. The
initial report was revised following feedback from RMS and a Road Safety Audit has also
since been undertaken in consultation with RMS.
Vehicular access to the development is proposed to be from a single driveway off Scott
Road, which is a Classified Road. Scott Road consists of a two lane sealed carriageway
approximately 12 metres in width. Access to the loading docks for delivery vehicles is also
proposed to be obtained from the Scott Road access. Upgrades to existing road
infrastructure including dedicated turning lanes are proposed to facilitate traffic movements to
and from the site.
The closest major intersection to the development site is the roundabout located at the
intersection of Scott Road and Goonoo Goonoo Road.
Page 15Tamworth Regional Council – Ordinary Council – 13 November 2018
Traffic Impact Assessment
Christopher Hallam & Associates Pty Ltd predicted that the proposed development would
have minimal impact on the ongoing functionality of the intersection, with the exception of a
relatively minor increase to traffic numbers.
The report also nominated that the peak hours of the surrounding road network were on
weekdays between 4:30pm and 5:30pm, with the weekend peak hour between 11:30am and
12:30pm. The volume of traffic using Scott Road during the adopted peak hour for
weekends was approximately 874 vehicles per hour eastbound and 640 vehicles per hour
westbound. The number of vehicles recorded in the surrounding streets, including Karwin
Street and Hilton Street, were identified to be minimal.
Christopher Hallam & Associates Pty Ltd estimated that the development would generate
approximately 108 vehicle movements in the weekday peak hour and 210 vehicle
movements within the weekend peak hour period. The study predicted that 75% of the traffic
generated by the development would access/egress the site from Scott Road to/from the
west, while the remaining 25% of traffic generated would access/egress the site from Scott
Road to/from the east.
The report nominated that the most significant impact created by the development would be
on Scott Road, which is currently used on a frequent basis by a mixture of both local and
interstate traffic utilising the New England Highway to travel either north or south of
Tamworth.
The recommendations of Christopher Hallam & Associates Pty Ltd were to include a
channelised right hand urban treatment, or CHR(S) for the right turn into the site, and a site
access Type 4 driveway with six metre entry, six metre exit and one metre centre median.
The outcome of the CHR(S) recommendation would be the removal of the parking lane on
both sides of Scott Road, with the greatest impact in front of the existing houses along the
southern side of Scott Road.
As noted previously in the report, the application was referred to RMS being a traffic
generating development under the ISEPP. Referral was also required because the
development proposes a new access onto Scott Road, which is a Classified Road.
The Development Application was referred to RMS in March 2017. A number of potential
issues related to traffic and access on Scott Road were immediately identified. The concerns
of RMS related to safety, efficiency and ongoing operation of the Classified Road, specifically
with respect to there being:
no safe access for vehicular and pedestrian traffic to/from the site;
safety issues with respect to the vehicular access to and from the private driveways of
residences on both frontages to Scott Road between Hilton Street and the Barnes
Gully bridge, as following removal of the parking lanes, residents would be required to
reverse their vehicles directly into a through-lane of traffic and try and merge;
limited availability of space within the existing road reserve to accommodate all
required works; and
existence of above-ground utility infrastructure within close proximity to kerb and the
constraints this poses for potential road upgrade works.
The outcome of the initial feedback was that further investigation including an amendment to
the TIA was required to identify a “preferred option” concept design with section diagrams.
Page 16Tamworth Regional Council – Ordinary Council – 13 November 2018
The concept design was required to be based on survey data, as well as detailing the extent
of the works proposed, including tie-in to the existing road network.
The amended TIA was submitted in May 2017, and RMS again identified a significant
number of outstanding matters, and subsequently advised that based on the information
available, they were not satisfied that the proposed development would improve, or even
maintain the current standard and operational capability of Scott Road. The outstanding
matters included:
the Karwin Street intersection did not appear to be included in the analysis to
demonstrate its interaction with the proposed, and could not be confirmed without the
SIDRA analysis. SIDRA is a software package used for intersection and network
capacity, level of service and performance analysis;
the proposed road design would generate vehicle weaving movements for westbound
traffic between the proposed site access and Karwin Street. The TIA did not address
safety impacts of such movements; noting Karwin Street is identified as a short cut to
New England Highway (south) in the PM peak;
the amended design prioritised development-related traffic over vehicles entering and
leaving a public road i.e. Karwin Street. The amended TIA did not address the impact
of additional delay on the safety of vehicles turning at the Karwin Street intersection;
the amended TIA identified that the proposed site access would experience
unacceptable delay (Level of Service F) for vehicles turning right out of the site access
under future conditions. The amended TIA did not identify any appropriate future
treatment/s, or when any such measures would be required to be implemented so as to
address adverse impacts on the Classified Road;
the proposed road design shifts westbound highway traffic into the kerbside lane, which
will impact existing on-street parking arrangements along both frontages of Scott Road,
between Hilton Street and the Barnes Gully bridge. The amended TIA did not give
consideration to the existing demand for on-street parking, the safety of vehicles
reversing out of residential driveways into the proposed travel lane or the impact on
safety and efficiency related to service vehicles, such as garbage trucks, using the
through travel lane to service the residential properties;
the amended TIA did not state whether the proposed road design will provide sufficient
clearance between westbound heavy vehicles and utility infrastructure within the clear
zone behind the curve. If appropriate clearance cannot be achieved then affected
utilities will need to be relocated;
the proposed road design would restrict right turns to/from properties on the southern
frontage of Scott Road, this means eastbound vehicular access to such properties will
necessitate use of the roundabout at the intersection of Scott Road and Peel Street or
alternatively, unsafe U-turn movements along the Classified Road (Scott Road).
Motorists undertaking unsafe U-turn movements is anticipated to be a result of the
proposed restriction of right-hand turn movements to said properties given that use of
the Scott Road/Peel Street roundabout will add approximately four kilometres to
residents journeys;
the amended TIA did not consider the redistribution of local traffic movements resulting
from the need for residents to access properties left-in and left-out only. Any
consideration should include safety impacts associated with likely U-turn movements;
Page 17Tamworth Regional Council – Ordinary Council – 13 November 2018
the proposed design did not provide appropriate delineation between vehicles turning
in and out of the site access. A raised median island is typically required to separate
entering and exiting vehicles; and
the amended TIA did not consider access to the development via public transport.
A further amendment was made to the TIA and submitted in June 2017, in response to the
issues raised. When reviewed by RMS, they again identified significant issues around traffic
safety, specifically with regard to proposed right-hand out movements for vehicles leaving the
subject site had not been resolved. A Road Safety Audit (RSA) was recommended by RMS
as the next step to quantify the level of risk associated with the proposed concept design,
and the applicant commenced preparations.
A Road Safety Audit was undertaken and upon completion a response was provided to
Council by RMS in December 2017. The response detailed the findings of the RSA and
provided final recommendations to Council as follows:
1. RMS reiterates the recommendation of 21 July 2017, that the applicant be required to
address the delay to vehicles turning right out of the proposed development under
future conditions. The introduction of additional conflict points generating excessive
delays for turning traffic is a risk factor contributing to crashes and must be addressed.
It was suggested that Council require the applicant to identify a suitable right turn
treatment and the timing at which such treatment will be required to address excessive
delay. It is requested that any proposed treatment be justified by an updated SIDRA
analysis reflecting the amended concept design and informed by incremental analysis
of future years to forecast the likely timeframe for introduction of the proposed
treatment.
Where any proposed treatment will result in westbound vehicles exiting left out only,
then the assessment will need to identify a suitable turnaround location and any
treatment/s required to accommodate likely demand.
2. The RSA identified an existing utility pole located immediately behind the kerb and
gutter east of Karwin Street as being a roadside hazard with a high risk rating. The
applicant was advised that Roads and Maritime Services will likely require the
installation of appropriate protection and/or relocation of the structure and any other
structure deemed to represent a risk to an errant vehicle within the clear zone.
3. The RSA identified risks associated with vehicles entering and leaving properties
opposite the proposed development and the need for vehicles to undertake such
manoeuvres within the travel lane.
The applicant is advised that RMS will likely require the installation of a central median
to address the risk of vehicles accessing residential properties by turning right across
the proposed westbound right turn lane. The Developer is responsible for achieving a
safe design and any resulting amendments to the current concept design.
Acceptance of the current concept design will result in vehicles reversing from
residential driveways into the westbound travel lane and will result in the loss of on-
street parking in the vicinity of the proposed development. Service vehicles, for
example garbage collection trucks, will result in delay to through traffic. It should be
determined by Council whether or not the identified impacts on residential access,
traffic efficiency and/or road safety are in the public interest.
4. An amended concept design has removed the westbound merge for vehicles leaving
the proposed development and identified improvements to the site access to reduce
Page 18Tamworth Regional Council – Ordinary Council – 13 November 2018
conflict generated by the proposed design. These amendments are considered to
address the related issues identified under the RSA and the applicant proposed
changes remedy these risks are acknowledged. Access, traffic efficiency and road
safety are in the public interest.
RMS concluded that where the above points are not addressed, there is likely to be a
detrimental impact on the safety and efficiency of the Classified Road. Further, they have
advised that to maintain the public investment made on Scott Road as an important interstate
and inter regional freight route, that Council should resolve all outstanding matters prior to
making determination.
Having regard to the comments from RMS, staff from Council’s Strategy and Development
and Development and Approvals Divisions, have formed the view that the development
cannot be supported as proposed. The applicant was provided with an opportunity to
respond to issues raised by RMS in response to the RSA, to which a reply was received
requesting the application be determined as submitted in April 2018.
The applicant retracted this request in July 2018, to investigate alterative accesses, and then
in September 2018, advised all avenues had been exhausted and instructed that the
application be determined.
Given the complexity of the issues in this section of Scott Road and that neither Council nor
RMS are confident that the development will not detrimentally impact the function of the
Classified Road, the development application should not be supported. The loss of the
parking lane and subsequent impact on the residents of Scott Road would also be a
significant compromise.
Loading
Large delivery trucks, including articulated vehicles up to 19 metres long will service the
development. Appropriate manoeuvring areas have been provided in accordance with
Australian Standards within the site so as to ensure that articulated vehicles may enter and
exit the site in a forward direction.
Parking
The parking rates adopted for development are for “shopping centres” as provided by the
RTA Guidelines for Traffic Generating Development, which is consistent with the parking rate
identified for major retail premises identified by the Commercial/Retail Development Controls
chapter of the TRDCP 2010. The parking proposed for the development satisfies these
requirements.
Public Transport
The RMS have identified that there is no public transport to or from the proposed
development, and this has not been satisfactorily addressed by the proponent.
Footpaths
Footpaths are proposed to be retained and constructed (where required) along the road
verge fronting the development site so as to provide pedestrian access to the centre.
Utilities – Water, Sewer, Stormwater
Water and sewer is connected to the lot, but an additional connection would be required and
services upgraded to accommodate the proposed development. An onsite detention system
would need to be constructed, which would capture stormwater and runoff from the
development and release it at pre-developed flows into Barnes Gully.
Page 19Tamworth Regional Council – Ordinary Council – 13 November 2018
Flora and Fauna
The trees to be cleared to accommodate the development are not considered to have any
significant ecological value, and their removal will not impact on any vulnerable or threatened
species.
Waste
Waste bins would be stored in a lockable enclosure adjacent to the loading dock for
collection of general waste materials generated by day to day operation of the business. The
bins would be emptied by a local waste collection contractor.
An approval pursuant to Section 68 of the Local Government Act 1993, would need to be
obtained to dispose of liquid trade waste into a sewer of the Council.
Noise and Vibration
Noise is likely to be generated during both the construction and during operation which is
typical for this form of development.
s.4.15(1)(c) The Suitability of Site for the Development
The site is not considered to be suitable for the development because it has not been
demonstrated that the traffic and access associated with the development will not be
detrimental to the ongoing functionality and efficiency of Scott Road.
s.4.15(1)(d) Any Submissions Made in Accordance with the Act or Regulations
The application was advertised and notified in accordance with the TRDCP 2010, from 27
February to 27 March 2017. There were 18 submissions received during the exhibition
period, with one submission against the development subsequently withdrawn. Copies of the
public submissions are ENCLOSED, refer CONFIDENTIAL ENCLOSURE 1.
A summary of the issues raised is included below, including commentary on those issues not
already addressed in the report is provided below:
Privacy concerns for neighbouring residents relating to the use of security cameras and
CCTV.
Comment: It is possible that CCTV may affect the privacy of surrounding residences, but it
also has many positive outcomes for the community with respect to crime prevention and
safety.
Potential decreased property values for surrounding properties as a result of increased
traffic issues.
Comment: The impact of property values on a development is not a matter for consideration
in the assessment of a development application.
These matters have already been addressed in the report:
Changes to existing road configuration including the removal of the existing parking
lane will impact on residents’ ability to enter and exit their property safely, as well as
accommodating visitors and/or multiple cars associated with affected properties.
Existing traffic congestion and associated issues will only continue to worsen with the
ongoing development of Calala and the Longyard precincts. Residents on the southern
side of Scott Road already have issues entering and exiting their properties and the
proposed development will only make things worse.
Page 20Tamworth Regional Council – Ordinary Council – 13 November 2018
Concerns over the potential for a left hand turn only arrangement into properties on the
southern side of Scott Road. Residents of some of these properties travelling along
Scott Road from the south towards the north will be required to either use the
roundabout at the intersection of Peel Street and Scott Road, or undertake an unsafe
U-turn on Scott Road to gain access to their properties from this direction.
Potential conflicts between vehicles, cyclists and pedestrian traffic created by the
proposed access arrangements.
Additional traffic volumes will result in additional noise and headlight intrusion impacts
for residential properties on Scott Road.
Proposed access arrangements could impact ability of emergency vehicles to utilise
Scott Road, which they frequently do.
Traffic generation numbers used in the TIA are flawed and underestimate the traffic
produced by a new Aldi Store in the proposed location.
No pedestrian access for pedestrians looking to access the site from residential areas
on the southern side of Scott Road.
Heavy vehicles regularly use both lanes of traffic when entering and exiting Scott Road
at the roundabout intersection of Scott Road and Goonoo Goonoo Rd to accommodate
their required turning paths.
s.4.15(1)(e) The Public Interest
The proposal is not considered to be in the public interest because neither RMS nor Council
are satisfied by the information submitted that there will not be a detrimental impact on the
safety and efficiency of the Classified Road. In the circumstances, it is in the public interest
to maintain the public investment made in Scott Road and ensure that it continues to perform
as an important interstate and inter-regional freight route.
(a) Policy Implications
Nil
(b) Financial Implications
Nil
(c) Legal Implications
Nil
(d) Community Consultation
Community consultation was undertaken through public exhibition of the development
application in accordance with the TRDCP 2010.
(e) Delivery Program Objective/Strategy
A Region of Progressive Leadership – L11 Provide quality customer service.
(f) Reason for Consideration by Council
The proposal has been referred to Council because it is recommended that the
development application be determined by refusal.
Page 21Tamworth Regional Council – Ordinary Council – 13 November 2018
CONCLUSION:
This report provides an assessment of the development with regard to all relevant matters
listed under Section 4.15 of the Environmental Planning and Assessment Act 1979, and
issues raised in the public submissions.
The primary issue for this proposal is the impact of the development on the ongoing
functionality and efficiency of Scott Road, which is constrained by width, services, presence
of surrounding dwellings and proximity of intersections in this location. As neither Council,
nor RMS are satisfied with the potential impacts of the development on traffic and access,
and the proponent has nominated not to submit any further information in this regard, it is
recommended that the Development Application is determined by refusal.
7.2 AMENDMENT TO THE TAMWORTH REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 -
PLANNING PROPOSAL TO REMOVE CARAVAN PARKS FROM THE RE2 PRIVATE
RECREATION ZONE – FILE NO SF9035
DIRECTORATE: PLANNING AND COMPLIANCE
AUTHOR: Megan Purkiss, Strategic Planner
Reference: Item 7.2 to Ordinary Council 30 October 2018 - Minute No
239/18
4 ANNEXURES ATTACHED
RECOMMENDATION
That in relation to the report “Amendment to the Tamworth Regional Local
Environmental Plan 2010 - Planning Proposal to Remove Caravan Parks from the RE2
Private Recreation Zone”, Council:
(i) prepare and submit a Planning Proposal to the Department of Planning and
Environment requesting a Gateway Determination in accordance with Sections
3.33 of the Environmental Planning and Assessment Act 1979;
(ii) request that the Minister for Planning and Environment exercise their plan
making powers under Section 3.22 of the Environmental Planning and
Assessment Act 1979, and grant Council delegated authority to amend the
Tamworth Regional Local Environmental Plan 2010; and
(iii) upon receipt of a Gateway Determination in relation to the Planning Proposal,
publicly exhibit the proposal.
SUMMARY
The purpose of this report is to seek a resolution of Council to address the location of
caravan parks within a recreational zone that would impact upon potential future and existing
development within the Tamworth Region. The proposed changes include:
removal of caravan parks from the RE2 Private Recreation zone Land Use Table;
change the zoning of Lots 1 and 2 DP 1055796, Kennedy Street, Manilla from RE2
Private Recreation to RE1 Public Recreation; and
change the zoning of Lot 2 DP 864981, Longyard Golf Course, Greg Norman Drive,
Hillvue from SP3 Tourist to RE2 Private Recreation.
The Planning Proposal aims to ensure that incompatible development does not occur in
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