Agenda Ordinary Council Meeting 24 April 2023

ORDINARY COUNCIL MEETING
Monday 24 April 2023

Council Chambers
126-138 Main Road Speers Point
6.30pm
T 02 4921 0333 F 02 4958 7257 E [email protected]

126-138 MAIN ROAD SPEERS POINT NSW 2284 BOX 1906 HUNTER REGION MAIL CENTRE NSW 2310
@LAKEMAC LAKEMACCITY LAKEMAC.COM.AU

Meetings of Lake Macquarie City Council are conducted in
accordance with the Code of Meeting Practice which
supports open, accessible and accountable government.
Councillors are reminded of the oath or affirmation of office

taken at the start of the Council term:
• To undertake duties in the best interests of the people of
Lake Macquarie City and the Lake Macquarie City
Council.
• To faithfully and impartially carry out the functions,
powers, authorities and discretions under the Local
Government Act 1993 or any other Act to the best of
their ability and judgment.
Councillors are also required to declare and appropriately

manage conflicts of interest under the Code of Conduct.
Council meetings are streamed live on Council’s website at

webcast.lakemac.com.au
This allows our community greater access to Council
proceedings, decisions and debate.
| Page 2
Ordinary Council Meeting
Agenda
6.30pm
Acknowledgement of Country:
Apologies: For the non-attendance of Councillors
Declaration of Interests:
Confirmation of Minutes: Ordinary Council Meeting held on 27 March 2023 ............................... pg 5
Development and Planning Standing Committee - 11 April
2023 .................................................................................................. pg 28
Presentations: Nil
Mayoral Minutes: Nil
Recommendations of the:
Organisational Services Standing Committee - 11 April 2023 ..................................................... pg 34
General Business Standing Committee - 11 April 2023 .............................................................. pg 36
Business arising from Public Forum:
Special Reports:
Chief Executive Officer (1) ................................................................................................................ pg 38
23SP022 Tabling of updated disclosures of pecuniary interest returns ................................ pg 38
Deputy Chief Executive Officer (2) ................................................................................................... pg 40
23SP023 Provision of Loan Funds 2022-2023 .................................................................... pg 40
23SP024 Investment Report - March 2023.......................................................................... pg 43
Director of Development, Planning and Regulation (4) .................................................................. pg 49
23SP025 Adoption of draft Night Time Economy Policy ...................................................... pg 49
23SP026 Planning Proposal - LEP Amendment for Additional Permitted Uses at 56-76
Mandalong Road, Morisset .................................................................................. pg 60
23SP027 Adoption of Revised Draft Cockle Creek Precinct Area Plan ................................ pg 74
23SP028 Warners Bay - 566 The Esplanade - Dwelling house ........................................... pg 89
Director of Organisational Services (2) .......................................................................................... pg 107
23SP029 Wyee Point - Proposed Acquisition - 23 Keightley Street ................................... pg 107
23SP030 Additional attendance for the National General Assembly - 13-15 June 2023 .... pg 112
Director of Built and Natural Assets (1) ......................................................................................... pg 114
23SP031 Council submission on the proposed Offshore Hunter Renewable Energy Zone pg 114
Reports of Recommendation Committees:
23SP032 Traffic Facilities and Road Safety Committee .................................................... pg 124
| Page 3
Inspection Reports:
23SP033 23SP012 - Council site inspection - Wyee Point - Ramsgate Estate -
Consolidation and subdivision............................................................................ pg 130
23SP034 23GB006 - Council Site Inspection of Edgeworth Memorial Neighbourhood
Centre - 1 Minmi Road Edgeworth ..................................................................... pg 132
Matters Referred:
23SP035 Adoption of Aquatic Facilities Strategy ............................................................... pg 134
Tender Reports: Nil
Notices of Motion:
23NM004 Sea level change impacts on the Australian Height Datum (mAHD) of Lake
Macquarie .......................................................................................................... pg 160
Rescission Motions: Nil
Petitions: Nil
Business without Notice:
| Page 4
Minutes of the Ordinary Council Meeting
Monday 27 March 2023
Council Chambers Speers Point
Present: Her Worship the Mayor, Councillor Kay Fraser, Deputy Mayor, Councillor
Adam Shultz, and Councillors Brian Adamthwaite, Jack Antcliff, David
Belcher, Madeline Bishop, Christine Buckley, Keara Conroy, Nick Jones,
Jason Pauling and Kate Warner.
Officers: Morven Cameron Chief Executive Officer
Kate Davies Acting Deputy Chief Executive Officer
John Ferguson Director Service Delivery
David Hughes Director Built and Natural Assets
Melissa Rowe Director Organisational Services
David Antcliff Director Development, Planning and Regulation
Elizabeth Lambert Manager Property and Business Development
Amy Regado Manager Development Assessment and
Certification
Wes Hain Manager Integrated Planning
Paul Collins Manager Waste Services
Jacqui Hemsley Manager Arts, Culture and Tourism
Helen Plummer Manager Asset Management
Bjorn Lategan Chief Financial Officer
Jenni Donaldson Acting Head of Communications and Corporate
Strategy
Shinead Taylor Coordinator Council Liaison
Shannon MacKenzie Council Liaison Officer
Alannah Riley Communications Lead
The Mayor declared the meeting open at 6.30pm.

Acknowledgment of Country: The Mayor shared an acknowledgement of Country.
Apologies:
23
Moved. Cr. Jones
Seconded. Cr. Warner
Apologies were submitted for the non-attendance of Councillors Luke Cubis, Jack Antcliff
and Colin Grigg .
For the Motion Against the Motion

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Declarations of interest:
Councillor Keara Conroy declared a non-pecuniary, significant interest in 23SP013
Endorsement of post-exhibition planning proposal for the North Wallarah Peninsula, Old
Pacific Highway, Pinny Beach, due to having a close personal relationship with the owners
of an adjoining block in this area and she will leave the chamber for discussion and voting.
Councillor Adam Shultz declared a non-pecuniary, less than significant interest in 23SP019
East Ward Site Inspection - Croudace Bay - Croudace Bay Oval, as he has he played cricket
for the Valentine Eleebana Cricket Club in the past, although not at Croudace Bay Oval. As
the connection is not significant he will remain in the chamber for discussion and voting.
Councillor Madeline Bishop declared a non-pecuniary, significant interest in 23NM002
Determination of Development Application - DA/916/2022 - 15 Princes Avenue,
Charlestown, due to having a close personal relationship with a resident of Princes Avenue,
Charlestown and she will leave the chamber for discussion and voting.
Councillor Jason Pauling declared a non-pecuniary, significant interest in 23OS005
Requests for donations under the Donations Program, advising the potential for commercial
interest in the Royal Freemasons’ Benevolent Institute in relation to his employment. He will
leave the chamber for discussion and voting.
Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 6

Confirmation of Minutes:
24
Moved. Cr. Conroy
Seconded. Cr. Shultz
The Minutes of the Ordinary Council Meeting held on Monday 27 February 2023, be taken
as read and be hereby confirmed.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Presentations: Nil

Recommendations of the Organisational Services Standing Committee
Councillor Jason Pauling left the chamber at 6.35pm due to his declaration of interest in
23OS005 Requests for donations under the Donations Program.
25
Moved. Cr. Belcher
The recommendations of the Organisational Services Standing Committee at its meeting

held on 13 March 2023 be adopted as detailed below.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23OS005 Requests for donations under the Donations Program

Folder No: F2023/00056
Report By: Council Liaison Officer - Shannon MacKenzie
Council approves donations of:

A. $1599 to the Rathmines/Wangi Probus Club for the purchase of an Automated
External Defibrillator (AED)
B. $1000 to the Lake Macquarie Zebra Finch Society to assist with the material event
expenses for the NSW State Zebra Finch Show in May 2023 at the Scout Hall in
Carey Bay, and
C. $2000 to the Royal Freemasons' Benevolent Institution (RFBI) to plant a tree for
every RFBI resident, client, staff member and volunteer at the Lake Macquarie
RFBI Hawkins Masonic Village in Edgeworth.
Councillor Jason Pauling returned to the chambers at 6.36pm.

Recommendations of the Built and Natural Assets Standing Committee
26
Moved. Cr. Belcher
The recommendations of the Built and Natural Assets Standing Committee at its meeting
held on 13 March 2023 be adopted as detailed below.

Cr. Adamthwaite Cr. Pauling
Cr. Conroy
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23BNA002 Adoption of the draft Dogs in Open Space Strategy and draft
Dogs in Open Space Policy
Folder No: PM21/0105/10
Report By: Community Land Planner (Open Space) - Donna Mitchell
Council:
A. adopts the Dogs in Open Space Strategy (Attachment 1) and supporting
documents (Attachments 4-6), and the Dogs in Open Space Policy (Attachment 2)
B. notes the public exhibition submission and responses (Attachment 3), and
C. notifies those who made a submission during the public exhibition period of
Council’s decision.

Recommendations of the Service Delivery Standing Committee
The recommendations for 23SD003, 23SD005 and 23SD006 were adopted by way of single
resolution. 23SD004 was adopted separately as detailed below.
27
Moved. Cr. Pauling
Seconded. Cr. Buckley
The following recommendations of the Service Delivery Standing Committee at its meeting
held on 13 March 2023 be adopted as detailed below:
• 23SD003 City Representative at International Children's Games being held in
Daegu - Republic of Korea July 2023
• 23SD005 Proposed Naming of Uncle Bill Wirrigan Park
• 23SD006 Adoption of the Museum and Heritage Strategy

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23SD003 City Representative at International Children's Games being

held in Daegu - Republic of Korea July 2023
Report By: Manager Community Partnerships - Andrew Bryant
Council nominates the Councillor Antcliff to attend the 2023 International Children’s
Games in Daegu, Republic of Korea in 2023 as Lake Macquarie’s ‘City Representative’.
23SD004 Bulky Waste Service Transition

Folder No: F2021/00883/02/01
Report By: Waste Strategy Coordinator - Hal Dobbins
28
Moved. Cr. Adamthwaite
Seconded. Cr. Conroy
Council:
A. notes the objectives and findings from the bulky waste service review,
B. approves transitioning the way the bulky waste service is delivered from the
current ‘scheduled’ service to a ‘bookable’ service that provides residents with the
flexibility to:
a. book their two kerbside collections at times that better suit their needs, or
b. receive two vouchers to drop-off their bulky waste to the Awaba Waste
Management Facility, or
c. use a combination of one booked kerbside collection service and one waste
drop-off voucher.
C. conducts an evaluation of the Bulk Waste Service change after this has been
operational for 12 months, to be presented to Council.
a. this evaluation should include but not be limited to:
• the amount of waste reduction
• the cost savings
• the variation in illegal dumping
• the time taken from initial kerbside waste collection booking call, to
the scheduled collection date (longest time and average)
• the time taken from the scheduled kerbside collection date, to the
collection of waste (longest time and average)

Cr. Conroy
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23SD005 Proposed Naming of Uncle Bill Wirrigan Park

Report By: Parks Management Officer - Stephen Pichaloff
Council:
A. endorses the naming of the reserve situated within the Watagan Park development
site and bounded by Jeremiah Drive, Rancher Avenue and Maguire Drive,
Cooranbong (attachment 1) as Uncle Bill Wirrigan Park.
B. notify the Geographical Names Board of the supported name.
23SD006 Adoption of the Museum and Heritage Strategy

Report By: Manager Arts, Culture and Tourism - Jacqui Hemsley, Heritage Support
Officer - Sherrie-Lee Evans
Council:
A. acknowledges the submissions received through the public exhibition of the draft
Lake Macquarie Heritage and Museum Strategy 2022-2026, and
B. adopts the amended Lake Macquarie Heritage and Museum Strategy 2022-2026
detailed in Attachment 2.

Recommendations of the General Business Standing Committee
29
The recommendations of the General Business Standing Committee at its meeting held on
13 March 2023 be adopted as detailed below.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23GB006 Full Council site inspection - Edgeworth Memorial

Neighbourhood Centre
Report By: Councillor - Brian Adamthwaite
Council conducts a full Council site inspection of the Edgeworth Memorial Neighbourhood
Centre to look at issues related to car parking and accessibility.
23GB007 Update on Minmi Road, Edgeworth and Cameron Park Drive,

West Wallsend classification as State roads
Councillors receive via memo, an update on Council's application to have Minmi Road,
Edgeworth and Cameron Park Drive, West Wallsend classified as state roads.

Council confirmed they would address the business arising from Public Forum when dealing
with 23SP012 Wyee Point - Ramsgate Estate - Consolidation and subdivision and 23SP021
23GB004 - Full Council Site Inspection - Cardiff South - 27 and 27C First Street -
reclassification and rezoning of land later in the agenda.

Special Reports of the Chief Executive Officer
23SP010 Public exhibition of the draft Operational Plan 2023-2024

incorporating budget and fees and charges
Folder No: F2022/01579/02/03
Report By: Council & Corporate Liaison Coordinator - Jenni Donaldson, Coordinator
Financial Planning - Melissa Palavs
30
Moved. Cr. Belcher
Seconded. Cr. Bishop
Council:
A. exhibits the draft Operational Plan 2023-2024, incorporating budget and revised
Delivery Program 2022-2026 (Attachment 1) and the draft Fees and Charges
2023-2024 (Attachment 2) for 28 days and invites public submissions,
B. notes new and discontinued fees and charges (Attachments 3 and 4), and
C. notes staff will prepare a further report outlining outcomes of the public exhibition.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Special Reports of the Deputy Chief Executive Officer
23SP011 Investment Report - February 2023

Folder No: F2004/11956/16
Report By: Financial Accounting Coordinator - Judith Lauder, Treasury Officer -
Tanya Klein
31
Seconded. Cr. Jones
Council receives and notes this report identifying all money Council has invested under
section 625 of the Local Government Act 1993.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Special Reports of the Director of Development, Planning and Regulation
23SP012 Wyee Point - Ramsgate Estate - Consolidation and

subdivision
Folder No: DA/1430/2018
Report By: Section Manager - Development Engineering - David Pavitt
Original recommendation
Council approves development application DA/1430/2018 for consolidation, three lot
subdivision and two road reserves, subject to conditions of consent.
32
Moved. Cr. Belcher
Council:
A. defers consideration of development application DA/1430/2018 for consolidation
and subdivision until a full Council site inspection is conducted, and
B. notes the public forum presentations in relation to 23SP012 Wyee Point -
Ramsgate Estate - Consolidation and subdivision.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Councillor Keara Conroy left the chamber at 7.03pm due to her declaration of interest in
23SP013 Endorsement of post-exhibition planning proposal for the North Wallarah
Peninsula, Old Pacific Highway, Pinny Beach.
23SP013 Endorsement of post-exhibition planning proposal for the

North Wallarah Peninsula, Old Pacific Highway, Pinny Beach
Folder No: RZ/11/2021/DETERMINATION
Report By: Senior Strategic Landuse Planner - Adam Kennedy
33
Moved. Cr. Shultz
Council:
A. notes the submission received during public exhibition (Attachment 2) and the
outcomes of State agency consultation,
B. endorses the planning proposal to amend the Lake Macquarie Local
Environmental Plan 2014, as provided in Attachment 1,
C. makes the amendment to the Lake Macquarie Local Environmental Plan 2014
under delegation granted by the Minister for Planning and Homes, pursuant to
section 3.36 of the Environmental Planning and Assessment Act 1979, and
D. Advises those who made a submission of Council’s decision.
In accordance with Section 375A of the Local Government Act 1993 a division took place.

Cr. Adamthwaite
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Councillor Keara Conroy returned to the chamber at 7.05pm.

23SP014 Council-related development application conflict of interest
policy
Report By: Manager Development Assessment and Certification - Amy Regado
34
Moved. Cr. Warner
Council adopts the Council-related Development Application Conflict of Interest policy

(Attachment 1).
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Special Reports of the Director of Organisational Services
23SP015 Attendance and Motions for the National General Assembly -

13-15 June 2023
Folder No: F2021/01686/17
Report By: Council Liaison Support Officer - Angela Lamb, Government Relations
Lead - Amy De Lore
35
Council:
A. nominates the Mayor Kay Fraser, and Councillors Brian Adamthwaite, Jack
Antcliff, David Belcher and Christine Buckley to attend the 2023 National General
Assembly of Local Government and the Regional Cooperation and Development
Forum from 13-15 June 2023 (inclusive), either in person or as virtual delegates
based on the Councillor’s preference,
B. nominates the Mayor as the Lake Macquarie City Council voting delegate for
business transacted by the National General Assembly of Local Government, and
C. endorses the following motions (Attachment 1) to be submitted for the 2023
National General Assembly:
i) This National General Assembly calls on the Australian Government to
facilitate the expansion of salary sacrificing options to council employees by
allowing local government to access Fringe Benefits Tax (FBT) exemptions
extended to other service organisations.
ii) This National General Assembly calls on the Australian Government to
support local government organisations to access electric vehicles by
legislating strong fuel efficiency standards.
Cr. Conroy
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

23SP016 Standing Committees and Ordinary Council meeting schedule
- remaining meetings of 2023 and first meetings of 2024
Report By: Council Liaison Support Officer - Angela Lamb
36
Moved. Cr. Warner
Council holds:
A. a Standing Committee meeting on 19 June 2023 instead of 13 June 2023,
B. a Standing Committee meeting on 20 November 2023 instead of 13 November
2023,
C. its last meetings for 2023 on:
• Monday 4 December 2023 – Standing Committee meetings commencing at
6.30pm
• Monday 11 December 2023 – Ordinary Council meeting commencing at
6.30pm, and
D. its first meetings for 2024 on:
• Monday 12 February 2024 – Standing Committee meetings commencing at
6.30pm
• Monday 26 February 2024 – Ordinary Council meeting commencing at
6.30pm.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Reports of Recommendation Committees
23SP017 Traffic Facilities and Road Safety Committee

Folder No: F2022/02253/01/03
Report By: Customer and Administration Officer Asset Management - Erin Mann
37
Council approves the signage and line marking plan associated with the construction of a
manufactured homes development on Kalaroo Road, Redhead (23TFC002).
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Inspection Reports
23SP018 23GB001 - Full Council Site Inspection - Belmont South -

Green Street - Implement One-Way Traffic Restriction
Report By: Engineering Designer - Angus Davison, Project Officer - Micah Barnes
38
Moved. Cr. Shultz
Council:
A. notes the preferred design maintains two-way traffic flow on Green Street,
B. investigates providing central access points to the new Fernleigh Awabakal Shared
Track and consider advertising these access points to the community,
C. investigates providing signage requiring parallel parking on Green Street at
Belmont Cemetery, and
D. investigates formalisation of the Beach Street gravel carpark for shared path users.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

23SP019 East Ward Site Inspection - Croudace Bay - Croudace Bay
Oval
Report By: Community Assets Delivery Coordinator - Brent Wellham
39
Moved. Cr. Shultz
Council:
A. receives a memo on the potential solutions and associated impacts of widening the
cricket pitch to comply with Cricket Australia guidelines, and
B. consults with the Valentine Eleebana Cricket Club and Valentine Junior Rugby
League Club around possible impacts to field widths.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

23SP020 23GB002 - Council Site Inspection - Marks Point - Naru Street
-Traffic concerns
Report By: Infrastructure Assets Strategy Coordinator - Robert Morris
Original motion
Moved. Cr. Shultz
Council:
A. investigates options to improve speed limit signage on Naru Street and Naru
Crescent as vehicles exit the gravelled access road out of Naru Reserve,
B. investigates options to include traffic calming devices in the project to seal the
access road,
C. advocates to Transport for NSW to investigate lowering the speed limit from 70
kilometres to 60 kilometres per hour along the Pacific Highway in front of Lake
Macquarie Airport and mobile speed cameras on Naru Street and Naru Crescent,
D. advocates to NSW Police for increased surveillance on Naru Street,
E. requests Transport for NSW to investigate options for a north bound turning lane
into Naru Street due to the increased traffic and tourism potential of Naru Reserve,
and
F. requests that a memo be provided to Councillors in three months regarding the
outcomes of A to F.
Amendment (1)
Moved. Cr. Pauling
Seconded. Cr. Jones
Council:
access road,
C. advocates to NSW Police for increased surveillance on Naru Street,
D. requests Transport for NSW to investigate options for a north bound turning
lane into Naru Street due to the increased traffic and tourism potential of Naru
Reserve, and
E. requests that a memo be provided to Councillors in three months regarding the
outcomes of A to E.
Cr. Conroy Cr. Adamthwaite
Cr. Pauling Cr. Belcher
Cr. Jones Cr. Bishop
Cr. Shultz

Cr. Buckley
Cr. Warner
Cr. Fraser
(lost)
(Lost)
Amendment (2)
Moved. Cr. Pauling
Seconded. Cr. Jones
Council:
access road,
C. advocates to Transport for NSW to investigate alternative turning solutions in
relation to Naru Street and mobile speed cameras in Naru Street and Naru
Crescent,
and
outcomes of A to F.
Cr. Pauling Cr. Adamthwaite
Cr. Jones Cr. Conroy
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Buckley
Cr. Warner
Cr. Fraser
(lost)
(Lost)
40
Moved. Cr. Shultz
Council:
access road,

C. advocates to Transport for NSW to investigate lowering the speed limit from 70
kilometres to 60 kilometres per hour along the Pacific Highway in front of Lake
Macquarie Airport and mobile speed cameras on Naru Street and Naru Crescent,
and
outcomes of A to F.
Cr. Conroy Cr. Jones
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
23SP021 23GB004 - Full Council Site Inspection - Cardiff South - 27 and

27C First Street - reclassification and rezoning of land
Report By: Statutory Property Officer - Joanne Marshall
Council resolves to remove 27 and 27C First Street Cardiff South (Item 3) from the
Housekeeping Amendment to the Lake Macquarie Local Environmental Plan 2014.
41
Council:
A. resolves to remove 27 and 27C First Street Cardiff South (Item 3) from the
Housekeeping Amendment to the Lake Macquarie Local Environmental Plan 2014,
and
B. notes the public forum presentation made in relation to 23SP021 23GB004 - Full
Council Site Inspection - Cardiff South - 27 and 27C First Street - reclassification
and rezoning of land.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Notices of Motion
Councillor Madeline Bishop left the chamber at 7.46pm due to her declaration of interest in
23NM002 Determination of Development Application - DA/916/2022 - 15 Princes Avenue,
Charlestown.
23NM002 Determination of Development Application - DA/916/2022 - 15

Princes Avenue, Charlestown
Report By: Councillor - Keara Conroy
42
Moved. Cr. Conroy
Council receives a report to determine DA/916/2022, for demolition, multi dwelling housing
and strata subdivision at 15 Princes Avenue, Charlestown, to allow for further
consideration of concerns relating to:
A. overshadowing
B. driveways
C. waste collection
D. landscaping
E. traffic safety concerns.
Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Councillor Madeline Bishop returned to the chamber at 7.48pm.

23NM003 Sugar Valley Library Museum Operating Hours
43
Council investigates options to provide equitable operating hours at the new Sugar Valley
Library Museum, with other staffed libraries in the city and advise Councillors prior to the
opening of the new facility if possible. The advice should include comparisons with other
staffed libraries in the city, that are all open from at least Monday to Saturday and don’t
include a shutdown period during the daily operating hours.

Cr. Adamthwaite
Cr. Conroy
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
As this concluded the business the

Chairperson terminated the meeting at 8.01pm.
Minutes adopted by resolution of Council,
at its meeting held on 24 April 2023.

Determinations of the Development and Planning Standing
Committee Meeting
Tuesday 11 April 2023
Present: Her Worship the Mayor, Councillor Kay Fraser, Deputy Mayor, Councillor Adam
Shultz, and Councillors Brian Adamthwaite, Jack Antcliff, David Belcher,
Madeline Bishop, Christine Buckley, Keara Conroy, Colin Grigg, Nick Jones,
Apologies: Councillor Luke Cubis
Tony Farrell Deputy Chief Executive Officer
Amy Regado Manager Development Assessment and Certification
Sam Darroch Communications Officer
Your Development and Planning Standing Committee Meeting wishes to report having met
in the Council Chambers Speers Point on Tuesday 11 April 2023 at 6.30pm.
Acknowledgment of Country: The Mayor shared an acknowledgement of country.
Declaration of interest:
Councillor Jason Pauling declared a non-pecuniary, significant interest in 23DP004 Lake
Macquarie Private Hospital Gateshead - planning proposal to amend Height of Buildings
Map and Zoning in Lake Macquarie Local Environment Plan 2014, as he is a Council
nominated representative on the Regional Planning Panel and there is potential for future
matters to be assessed by the Regional Planning Panel. He will leave the chamber for
discussion and voting.
Councillor Christine Buckley declared a non-pecuniary, significant interest in 23DP004 Lake
Map and Zoning in Lake Macquarie Local Environment Plan 2014, as she is the alternate
Council nominated representative on the Regional Planning Panel. She will leave the
chamber for discussion and voting.
Councillor Nick Jones declared a non-pecuniary, significant interest in 23DP004 Lake
Map and Zoning in Lake Macquarie Local Environment Plan 2014, due to having a personal
relationship with a resident that lives opposite this development. He will leave the chamber
for discussion and voting.
Councillor Nick Jones declared a non-pecuniary, significant interest in 23DP006 Belmont - 9
and 11 Gen Street - Residential flat building and commercial premises, due to having a
business relationship with the owner. He will leave the chamber for discussion and voting.
Determinations | Development and Planning Standing Committee Meeting | Tuesday 11 April 2023 | Page 29
Determinations of the Development and Planning Standing Committee Meeting
Councillors Jason Pauling, Christine Buckley and Nick Jones left the chamber at 6.33pm due
to their declarations of interest in 23DP004 Lake Macquarie Private Hospital Gateshead -
planning proposal to amend Height of Buildings Map and Zoning in Lake Macquarie Local
Environment Plan 2014.
23DP004 Lake Macquarie Private Hospital Gateshead - planning

proposal to amend Height of Buildings Map and Zoning in
Lake Macquarie Local Environment Plan 2014
Folder No: RZ/13/2021/COUNCIL REPORTS
Report By: Strategic Planner - Amber Vergot
Council:
A. notes the summary of submissions received during public exhibition in Attachment
2 and the outcomes of State agency consultation,
D. notifies those who made a submission of Council’s decision.
4
Committee's determination
Moved. Cr. Shultz
Seconded. Cr. Antcliff
Council:
A. notes the summary of submissions received during public exhibition in Attachment
2 and the outcomes of State agency consultation,
A. notes the public forum presentation in relation to 23DP004 Lake Macquarie Private
Hospital Gateshead - planning proposal to amend Height of Buildings Map and
Zoning in Lake Macquarie Local Environment Plan 2014.
Cr. Adamthwaite
Cr. Antcliff
Cr. Conroy
Cr. Grigg
Cr. Belcher
Cr. Bishop
Cr. Shultz
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Councillors Jason Pauling, Christine Buckley and Nick Jones returned to the chamber at
6.45pm.
23DP005 General amendment to Lake Macquarie Development Control

Plan 2014
Folder No: F2021/01569/04
Report By: Strategic Landuse Planner - Abigail Hawtin
3
Moved. Cr. Grigg
Seconded. Cr. Belcher
Council:
A. prepares a general amendment to the Lake Macquarie Development Control Plan
2014 (DCP), as contained in Attachment 1, and exhibits the amendment for 28
days, and
B. receives a further report detailing feedback received during exhibition and any
proposed changes.

Cr. Adamthwaite
Cr. Antcliff
Cr. Conroy
Cr. Grigg
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Councillor Nick Jones left the chamber at 6.57pm due to his declaration of interest in
23DP006 Belmont - 9 and 11 Gen Street - Residential flat building and commercial
premises.
23DP006 Belmont - 9 and 11 Gen Street - Residential flat building and

commercial premises
Folder No: DA/1699/2021
Report By: Senior Development Planner - Andrew Leese
6
Moved. Cr. Pauling
Council:
A. endorses the development standard variation under clause 4.6 of the Lake
Macquarie Local Environmental Plan 2014, providing a maximum height of
17.77m, exceeding the 13m development standard by 4.77m or 36.67 per cent,
and exceeding the 16m height limit by 1.28m or 8 per cent.
B. approves development application DA/1699/2021 for residential flat building and
commercial premises, subject to conditions of consent.

Cr. Adamthwaite
Cr. Antcliff
Cr. Conroy
Cr. Grigg
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)
Councillor Nick Jones returned to the chamber at 6.58pm.
23DP007 Amendment to reclassification proposal - 2022 Housekeeping
Amendment to Lake Macquarie Local Environmental Plan
2014
Report By: Manager Property and Business Development - Elizabeth Lambert
7
Council resolves to remove 4a Clare Street, Glendale, Lot 103 DP 553828 (Item 6) and 38
Alison Street, Redhead, Lot 50 DP 844457 (Item 9) from the Housekeeping Amendment to
the Lake Macquarie Local Environmental Plan 2014.

Cr. Adamthwaite Cr. Antcliff
Cr. Conroy
Cr. Grigg
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Determinations adopted by resolution of Council,
Minutes of the Organisational Services Standing Committee
Meeting
Adam Shultz, and Councillors Brian Adamthwaite, Jack Antcliff, David Belcher,
Tony Farrell Deputy Chief Executive Officer
Your Organisational Services Standing Committee Meeting wishes to report having met in
the Council Chambers Speers Point on Tuesday 11 April 2023 at 7.07pm.
Declaration of interest: Nil
Recommendations of the Organisational Services Standing Committee

Meeting
23OS006 Killingworth - Classification of land - 20 The Boulevarde

Report By: Land Development Officer - Carlos Ferguson
Committee's recommendation
Seconded. Cr. Jones
Council approves classification of the land known as 20 The Boulevarde, Killingworth (Lot
7 Section P DP 4339), as operational land, in accordance with the provisions of the Local
Government Act 1993.

Cr. Adamthwaite
Cr. Antcliff
Cr. Conroy
Cr. Grigg
Cr. Belcher
Cr. Pauling
Cr. Bishop
Cr. Shultz
Cr. Jones
Cr. Buckley
Cr. Warner
Cr. Fraser
(carried)
(Carried)

Minutes | Organisational Services Standing Committee Meeting | Tuesday 11 April 2023 | Page 35
Minutes of the General Business Standing Committee
Adam Shultz and Councillors Brian Adamthwaite, Jack Antcliff, David Belcher,
Jason Pauling, Kate Warner and Chief Executive Officer Morven Cameron.
Officers: Tony Farrell Deputy Chief Executive Officer
Your General Business Standing Committee wishes to report having met in the Council
Chambers Speers Point on Tuesday 11 April 2023 at 7.10pm.
Tabling of updated disclosures of pecuniary interest returns

Ordinary Council Meeting | 24 April 2023 | Page 36
Declaration of interest: Nil
Recommendations of the General Business Standing Committee Meeting

23GB008 Councillor workshop regarding Council’s current Library

offering
Report By: Councillor - Madeline Bishop
Council holds a Councillor workshop regarding Council’s current Library offering. The
workshop should include details of existing operations and proposed reforms and
upgrades in the future to meet the needs of our community.
23GB009 Draft submission relating to the proposed Offshore Hunter

Renewable Energy Zone
Report By: Councillor - Jason Pauling
Council prepares a submission in relation to the proposed Offshore Hunter Renewable
Energy Zone, and the draft submission be presented to a full meeting of Council for
consideration prior to lodgement.
23GB010 Update on the status of the Wyee Point Boat Ramp

Report By: Councillor - David Belcher
Councillors receive by way of memo an update on the status of Wyee Point Boat Ramp
including ownership and responsibilities.


Special Reports of the Chief Executive Officer

23SP022 Tabling of updated disclosures of pecuniary interest returns
Key focus area 7. Shared decision-making

Objective 7.2 We know how and why decisions are made
File F2023/00141 - D11023975
Author Governance and Privacy Lead - Loren Cousins
Responsible
General Counsel - Sean Lucy
manager
Executive Summary
This report tables three updated disclosure returns by Councillors and designated persons
lodged during March 2023 under the Code of Conduct.
Recommendation
Council notes the tabling of disclosures by Councillors and designated persons returns
lodged in March 2023.
Discussion
Part 4 of Council’s Code of Conduct policies require Councillors and designated persons to
submit a written return disclosing pecuniary interests within three months after:
a) becoming a Councillor or designated person
b) 30 June of each year
c) the Councillor or designated person becoming aware of an interest they are required
to disclose that has not been previously disclosed in an earlier return.
Maintaining a register of returns is one component of Council’s integrity framework, which is
designed to promote openness and transparency about Councillors and senior Council staff
who have key decision-making functions.
During March 2023, one Councillor and two designated persons (Chief Financial Officer and
Principal Development Planner) have lodged updated written returns in accordance with the
requirements of the Code of Conduct.
Once tabled, the information contained in these returns will be made publicly available via
Council’s website in accordance with the requirements of the Government Information
(Public Access) Act 2009 and the Government Information (Public Access) Regulation 2009.

Assessment of options
Returns must be tabled at the next Ordinary Council meeting after being lodged with the
Chief Executive Officer. It is recommended Council notes the returns in order to meet the
requirements.
Community engagement and internal consultation

Council’s Executive Team were consulted in the preparation of this report.
Key considerations
Economic impacts None.
Environment None.
This process is an important mechanism for maintaining the
Community community’s confidence in the integrity and transparency of
Council’s decision-making functions.
Civic leadership The tabling of returns demonstrates accountability, transparency
and ethical conduct by Council.
Financial None.
Infrastructure None.
Maintaining the register of returns helps maintain public
confidence in the integrity of Council’s decision-making functions
Risk and insurance and protects Council from the risk of complaints concerning
possible breaches of pecuniary interest provisions in the codes of
conduct.
Legislative and policy considerations

Code of Conduct for Councillors – Council Policy
Code of Conduct for Council Staff – Council Policy
Attachments
Nil.

Special Reports of the Deputy Chief Executive Officer
23SP023 Provision of Loan Funds 2022-2023
Key focus area 8. Organisational support

Objective 8.1 Financial management
File F2023/00411 - D11020484
Author Coordinator Financial Accounting - Judith Lauder
Responsible
Chief Financial Officer - Bjorn Lategan
manager
Executive Summary
The Operational Plan 2022-2023, adopted by Council on 23 May 2022 (22SP048), identified
required loan borrowings of $11.708 million. This report seeks Council’s approval to execute
current required loan borrowings of up to $6.147 million at the most competitive terms and
conditions available.
Recommendation
Council:
A. approves the external borrowing of up to $6.147 million;
B. delegates authority to the Chief Executive Officer to negotiate and select the most
competitive rates and to finalise the contracts for the external loan borrowing; and
C. approves execution of the mortgage document securing the external loan under
the Common Seal of Council as required.
Discussion
Council approved borrowings of $11.708 million in the Operational Plan 2022-2023. This
amount was revised at the December Budget Review. Approval to draw down a lower
amount of up to $6.147 million is now requested. The reduction from the original plan is
made up of a number of variances as project timing and funding sources are confirmed.
There could be further changes as the March budget review is completed.
The major projects to be funded from borrowings are:
Capital project Amount ($)
Plant replacement – plant and equipment items 2,600,000
Stage 2 Landcare Resource Centre, Booragul 852,732
Hunter Sports Centre warm up track 856,673
Awaba waste management facility extension 592,912
Provision of Loan Funds 2022-2023

Field Service Customer Request Management System 374,557
(formerly Customer Request Management System)
Lake Macquarie Northeast Community Recycling Centre 360,000
(formerly Awaba and Eastlake Community Recycling Centre)
Bulk waste collection technology 317,040
Windale Hub Bilyabayi 193,425
Total 6,147,339
The loan application process requires quotations from a number of Australian authorised
deposit-taking institutions for the borrowing amount required. The quotations provided will be
negotiated, assessed and the most competitive rates selected. Borrowings are drawn down
in June 2023 to replenish the General Fund that has cash funded the expenditure throughout
the year.
It is recommended Council approves the external borrowing of $6.147 million to replenish

the General Fund for the capital projects completed in accordance with the Operational Plan
during 2022-2023 financial year.
Should Council decide not to borrow the money, or to borrow an alternate amount, the cash
position of Council at the financial year end may deteriorate as the December budget review
includes $6.147 million in loan funds to replenish the General Fund.

Consultation has taken place with the Chief Financial Officer, Coordinator Financial Planning
and Council’s investments advisor, Prudential Investment Services. The proposed loan
borrowings are included in Council’s Long-Term Financial Plan.
Key considerations
Interest rates for loan borrowings remain high due to high
Economic impacts inflation. The proposed borrowings are in line with the current
financial environment.
Quotations for borrowings are requested from a range of financial
institutions which are all Australian authorised deposit-taking
Environment institutions, governed by the Australian Prudential Regulatory
Authority. As far as practicable, these loan funds are considered
to be environmentally and socially ethical.
A loan term of 20 years supports the concept of intergenerational
Community equity which asserts that each generation that benefits from a
long-term asset should contribute to the cost of that service.
Capital projects that require loan borrowings are approved in the
Civic leadership annual Operational Plan, then reviewed through the December
Quarterly Review to ensure requirements are still appropriate.
Council is accountable and transparent with all borrowing

requirements, aligning with legislative requirements and best
practice.
Principal repayments and interest expenses have been included
in the Operational Plan 2022-2023 and Long-Term Financial
Financial Plan. Any variations to these budgeted amounts resulting from a
difference in the final rates and terms of the loan are accounted
for through the quarterly review process.
New infrastructure works identified in the Operational Plan will be
Infrastructure partially funded from loan borrowing, with the remainder coming
from reserves and grants.
Exposure to interest rate increases is likely to be mitigated by
locking in to a low rate fixed loan for 20 years. The proposed
borrowing is in line with the Long-Term Financial Plan and will
Risk and insurance see Council remain on the positive side of the cash and debt
ratios mandated by the Office of Local Government and reported
quarterly to Council. There are no additional risks or insurance
implications resulting from the loan borrowings.

Local Government Act 1993
Local Government Act 1993 – Borrowing Order
Environmental Planning and Assessment Act 1979
Council’s Accounting Policy
Attachments
Nil

23SP024 Investment Report - March 2023
Key focus area 8. Organisational support

Objective 8.1 Financial management
File F2004/11956/16 - D11024952
Coordinator Financial Accounting - Judith Lauder, Treasury
Author
Officer - Tanya Klein
Responsible
Chief Financial Officer - Bjorn Lategan
manager
Executive Summary
Under Clause 212 of the Local Government (General) Regulation 2021, Council’s
Responsible Accounting Officer is required to present Council with a monthly report setting
out details of Council’s investments.
This report sets out details of all money Council had invested under section 625 of the Local
Government Act 1993 as at the end of March 2023. Information in this report confirms
Council is investing in accordance with legislation, Council’s Investment Policy and in line
with its investment strategy, which strives to safeguard capital and maximise investment
returns.
Recommendation
Council receives and notes this report identifying all money Council has invested under
section 625 of the Local Government Act 1993.
Discussion
Council has a well-diversified portfolio invested predominantly among a range of term
deposits and senior ranked floating rate notes from highly rated Australian banks. Council
also has 20 per cent of its portfolio invested in professionally managed funds, via NSW
TCorp, which provide exposure to a wide range of asset classes, including international and
domestic shares. A detailed breakdown by asset group is provided at Attachment 2.
Council currently holds two investments outside of the current Investment Policy limits. At
the time of making these investments they were in accordance with Council’s Investment
Policy, however these investments have since ceased being rated but remain eligible under
Council’s Investment Policy (version 16) as ‘grandfathered’ securities under Ministerial
Order.
The table below states the carrying value of Council’s portfolio return as at March 2023 and
the rolling average portfolio return for the past 12 months.
PORTFOLIO RETURN BENCHMARK

MONTH CARRYING VALUE $ COMPARISON
%pa RETURN % pa
below by 19 basis
March 2023 374,245,764 1.85 2.04
points
Investment Report - March 2023 | Ordinary Council Meeting | 24 April 2023 | Page 43
The graph below outlines Council’s total cash and investments for each quarter over the past
two years, split by externally restricted, internally allocated and unrestricted cash and
investments. The cash reserves are fully funded as at 31 December 2022, with the
December 2022 quarter being the most recent data available for the restricted cash
balances.
The Cash on Call graph below outlines the movement in cash over the past year as well as
the cash flow forecast to February 2024. It confirms that Council has sufficient liquidity to
meet all reasonably anticipated cash flow requirements, as and when they fall due.
The portfolio return for the month of March 2023 was above benchmark by 200 points. The
rolling average portfolio return for the past 12 months was below benchmark by 19 points.
Without marked-to-market influences, Council’s investment portfolio yielded 4.10 per cent
per annum for March 2023, up from 3.84 per cent per annum in February.
The NSW TCorp Investment Management Medium Term and Long-Term Growth Funds both
had solid gains for March 2023, returning 0.59 per cent and 0.87 per cent respectively.
Council may experience volatility in its investment returns over the shorter-term, however, it
is expected that medium to longer-term investments will achieve above benchmark returns
over the longer period with prudent investment selection.
Rolling 12 month Investment Performance (mark-to-market)

Council's portfolio vs Bloomberg Ausbond Bank Bill Index
Certification – Responsible Accounting Officer

I hereby certify the investments summarised in this report have been made in accordance
with section 625 of the Local Government Act 1993, clause 212 of the Local Government
(General) Regulation 2021 and Council’s Investment Policy.
Bjorn Lategan, Responsible Accounting Officer

Council engages Prudential Investment Services to provide an investment strategy
consistent with Council’s Investment Policy, in consultation with the Chief Financial Officer
and Coordinator Financial Accounting.
Key considerations
Preservation of capital is the principal objective of Council’s investment
strategy.
Economic impacts Credit and interest rate risks are managed within identified thresholds
and parameters.
Nothing has come to our attention or been reported to believe that any
investments held are at risk of default.
Council’s investments are primarily restricted to Australian authorised
deposit-taking institutions (banks, building societies, credit unions)
Environment governed by the Australian Prudential Regulatory Authority.
As far as is practicable, these investments are considered to be
environmentally and socially ethical.
Community Investment returns provide funding for Council’s services to the
community.
Responsible investing is an approach to investing which explicitly
acknowledges the importance of Environmental Social and Corporate
Governance (ESG) factors in investment decision-making processes.
Civic leadership Council takes a negative screening approach, which systematically
excludes specific industries, sectors, companies, practices, countries or
jurisdictions that do not align with the responsible investing goals.
Council requires its investment advisor to incorporate ESG factors into
its investment advice to Council.
Financial Council’s current investment returns are factored into both the current
Operational Plan and the Long-Term Financial Plan.
Infrastructure Investment returns provide funding for Council’s infrastructure.
Council’s investments are well diversified and comply with the three-part
Risk and insurance Risk Management Framework documented in Council’s Investment
Policy.

Local Government Act 1993, sections 625, 412
Local Government and (General) Regulation 2021, clause 212
Ministerial Investment Order
Australian Accounting Standards
Trustee Amendment Discretionary Investments Act 1997, sections 14A(2), 14C(1),(2)
Investment Policy – Version 16
Attachments
1. Table of Investments March 2023 D11034481
2. Investment Summary March 2023 D11034636
Attachment 1 | Table of Investments March 2023
INVESTMENT ACTIVITY
MONTH ACTIVITY AMOUNT INSTITUTION RATE
March 2023
Matured 4,000,000 Bank of Queensland
Matured 4,000,000 Members Equity Bank
Matured 4,000,000 Commonwealth Bank
Matured 4,000,000 Suncorp
28,000,000 Total Matured
Invested 4,000,000 National Australia Bank 5.00%
Invested 4,000,000 Westpac Bank 5.10%
Invested 4,000,000 Westpac Bank 5.10%
Invested 4,000,000 Bank of Queensland 4.57%
Invested 4,000,000 Bank of Queensland 4.57%
Invested 2,500,000 ANZ 4.54%
42,500,000 Total New Investments
Attachment 1 | Page 47
Attachment 2 | Investment Summary March 2023
Investment Summary 31 March 2023
Asset Group Current Value Avg Yield % (coupon)

Bonds 6,906,114.70 4.3000
Cash 15,234,950.77 3.4337
Floating Rate Note 42,143,957.08 4.4811
Floating Rate Term Deposits 4,002,490.41 4.5450
Managed Funds 82,977,198.81 9.6974
Mortgage Backed Security 1,256,142.92 4.5652
Term Deposit 224,417,964.13 4.2153
Market Value 376,938,818.82 5.2390
Term Deposits Redeemed & Invested

April 2022 - March 2023
60 400
50 350
40
300
REDEEMED & INVESTED
30
TOTAL INVESTMENTS
20 250
$,000,000
$,000,000
10 200
0 150
-10
100
-20
-30 50
-40 0
MONTHS
Redeemed Invested Total Investment
Special Reports of the Director of Development, Planning and Regulation
23SP025 Adoption of draft Night Time Economy Policy
Key focus area 4. Diverse economy

Objective 4.4 We have vibrant economic and neighbourhood centres
File F2018/00254/03 - D10988334
Author Economic Strategist - Daniel Starreveld
Responsible
Manager Integrated Planning - Wes Hain
manager
Executive Summary
Council staff have undertaken a scheduled review of the Night Time Economy Policy (the
policy) which was first prepared in 2018. Following this review, the intent of the policy
remains unchanged and only minor formatting and grammatical amendments have been
made. It is recommended Council adopts the updated policy included in Attachment 1 to this
report.
Recommendation
Council:
A. rescinds the existing Night Time Economy Policy – Version 2, and
B. adopts the draft Night Time Economy Policy – Version 3 as shown in Attachment 1.
Discussion
The policy was prepared in 2018 in response to community feedback and a desire for
Council to promote and encourage business, activities and events particularly after dark,
otherwise known as the night time economy. The term ‘night time economy’ typically covers
the hours of 5pm to 4am for activities such as:
• retail trade
• restaurants, takeaways and cafes
• live entertainment
• cinema
• arts and cultural activity
• health and wellbeing services
• events
• bars and clubs
Adoption of draft Night Time Economy Policy

• sporting activities.
The policy describes Council’s commitment to local businesses and residents to support a
vibrant and safe night time economy and environment.
Council has supported the night time economy through events and initiatives such as
VibrantScene, Feast for the Senses, Float Your Boat and the Wangi Live activation trial.
Apart from Council run events, night time economy activities provided by businesses and the
community are currently focused in the city’s economic centres.
It is recommended that Council adopts the updated Night Time Economy Policy (Version 3)
in Attachment 1 to ensure Council continues to provides a clear policy and strategic direction
for future initiatives to encourage economic activity during night time hours.
Changes to the current policy (Version 2) are minor grammatical and formatting changes to
improve readability and are shown as track changes in Attachment 2.
Council may choose not to adopt the updated policy or rescind it altogether. These options
are not recommended given community and business support for a vibrant and safe night
time economy and the minor nature of the changes to the existing policy.
A review of the need for a specific Night Time Economy Policy will occur as part of the
review of the Community Strategic Plan (CSP) and/or Lake Macquarie City Local Strategic
Planning Statement (LSPS). The CSP and LSPS reviews are scheduled to commence in
2024.

Internal consultation
Internal consultation occurred with staff from Arts, Culture and Tourism, Development
Assessment and Certification and Integrated Planning as part of the review of the policy.
Public exhibition of the draft policy is not required or recommended because of the minor
nature of proposed changes.
Key considerations
The Night Time Economy Policy promotes greater flexibility and
improved economic opportunities for local businesses and
Economic impacts employment.
A vibrant night time economy also supports the objectives of the
Lake Macquarie Destination Management Plan for the City to
grow as a desirable visitor destination.
Environment Nil
The Night Time Economy Policy supports social sustainability by
Community allowing businesses to activate streets and other public spaces in
creative ways. This will help create vibrant and inviting centres for
our community and visitors.
Civic leadership The Night Time Economy Policy supports sustainable
governance by encouraging businesses and other activities to

capitalise on the opportunities that the night time economy
presents to the city.
Financial Nil
Infrastructure Nil
There are no changes to risk for Council relating to the updated
Night Time Economy Policy. Businesses undertaking activities on
public land (e.g. footway dining) must hold Public Liability
Insurance with Council listed as an interested party.
Business trading hours are specified in development consents
Risk and insurance and any proposed changes to a business’s trading hours will
require development approval.
Requirements for ‘street stalls’, ‘mobile vending’ and
‘footway/outdoor dining’ that were part of the VibrantSCENE
initiative are now incorporated in Council’s Local Approvals
Policy.

Roads Act 1993
Lake Macquarie Local Environmental Plan 2014
Lake Macquarie Local Approvals Policy
Lake Macquarie Plan of Management for Community Land
Lake Macquarie Destination Management Plan
Lake Macquarie Night Time Economy Policy – Version 2
Attachments
1. To be adopted - Draft Night Time Economy Policy - Version 3 D11007066
2. To be rescinded - Night Time Economy Policy - Version 2 D11048499

Attachment 1 | To be adopted - Draft Night Time Economy Policy - Version 3
Night time economy

Version 3 – March 2023
Introduction
Purpose and scope
The night time economy is defined as all economic activity that occurs between the hours of
5pm and 4am. This includes, but is not limited to:
• retail trade
• restaurants, takeaways and cafes
• live entertainment
• cinema
• arts and cultural activity
• health and wellbeing services
• events
• bars and clubs, and
• sporting activities.
Policy statement
Council supports, in principle:
• the establishment of new night time economy businesses and traders
• the extension of business hours, where appropriate, for existing hospitality and retail
businesses
• the establishment of live entertainment venues
• the hosting of events and activities that occur after 5pm.
Objectives
The objectives of this policy are to:
• encourage the growth of Lake Macquarie’s night time economy
• support existing night time economy businesses in Lake Macquarie
• increase recreational and cultural activities outside daytime business hours
• support an increase in local spending and local employment
• increase social inclusion and community safety, and reduce antisocial behaviour
• encourage a greater diversity of night time activities in Lake Macquarie, and
• acknowledge the role the night time economy has in activating our centres.
Review and Evaluation
This policy is to be reviewed at least once every Council term.
Controlled Document Information

Authorisation Details
1. Folder No: F2018/00254/03 2. TRIM Record No: D10953996
3. Audience: External - Council employees, business chambers, business owners and members of the community
4. Department: Integrated Planning Officer: Economic Strategist – Dan Starreveld
5. Key focus area(s): Diverse Economy
6. Review 4 years 8. Next Scheduled March 2027

Timeframe: Review Date:
7. Max < 4 years
9. Authorisation: Council
10. Authorisation -
Council Adoption Date:
Related Document Information, Standards & References

11. Related Legislation: Entertainment Industry Act 2013 Legislation with objectives relevant to the
Betting and Racing Act 1998 night time economy in NSW
Destination NSW Act 2011 (NB. this is not an exhaustive list)
Disability Inclusion Act 2014
Fair Trading Act 1987
Gaming and Liquor Administration Act 2007
Liquor Act 2007
Major Events Act 2009
Multicultural NSW Act 2000
Passenger Transport Act 2014
Retail Trading Act 2008
Smoke-free Environment Act 2000
12. Related Policies: Lake Macquarie Local Approvals Policy – Council policies relevant to the night time
requirements for various night time economy events economy in Lake Macquarie
and activities.
Lake Macquarie Local Strategic Planning Statement –
night time economy objectives and actions to be
completed to up to 2024.
13. Related Procedures, Nil Procedures, guidelines, WHS modules,
Guidelines, Forms, WHS risk assessments and work method
Modules/PCD’s, Risk statements relevant to the night time
Assessments, Work economic in Lake Macquarie
Method Statements:
14. Standards, COP’s & Nil

Other References
Definitions
15. Term / Abbreviation 16. Definition
Council Lake Macquarie City Council
Consultation (update for each version created)

Key Departments, Teams, Positions, Arts, Culture and Tourism, Development Assessment and Certification and
Meetings: Integrated Planning.
Version History
17. Version 18. Date 19. Modified By 20. Details and Comments
No Changed
1 August 2018 S. Hardie New Policy prepared and adopted by Council
2 August 2021 S. Hardie No changes to content
Policy transferred into current template
3 January 2023 D. Starreveld Minor typographical and formatting changes
Attachment 2 | To be rescinded - Night Time Economy Policy - Version 2
Night time economy

Version 23 - 1 September 2021
02 4921 0333 | [email protected]

126-138 MAIN ROAD SPEERS POINT NSW 2284 | BOX 1906 HUNTER REGION MAIL CENTRE NSW 2310
LAKEMAC.COM.AU
Policy - external Night time economy
Introduction
Purpose and scope
The night time economy is defined as all economic activity that occurs between the hours of
5pm and 4am. This includes, but is not limited to:
 retail trade;
 restaurants, takeaways and cafes;
 live entertainment;
 cinema;
 arts and cultural activity;
 health and wellbeing services;
 events;
 bars and clubs,; and
 sporting activities.
Policy statement
Council supports, in principle:
 the establishment of new night time economy businesses and traders.
 the extension of business hours, where appropriate, for existing hospitality and retail
businesses.
 the establishment of live entertainment venues.
 the hosting of events that occur after 5pm.
Objectives
The objectives of this Policy are to:
 encourage the growth of Lake Macquarie’s night time economy;
 support the existing night time economy businesses in Lake Macquarie;
 increase recreational and cultural activity outside of daytime business hours;
 support an increase in local spending, and therefore local employment;
 increase social inclusion and community safety, and reduce antisocial behaviour;
 encourage a greater diversity of night time activities in Lake Macquarie,; and
 acknowledge the role the night time economy has in activating our centres.
Review and Evaluation
This policy is to be reviewed at least once every Council term.
This is a controlled document. Before using this document, ensure it is the latest version by checking it on Council’s website.
Unless otherwise shown, printed or downloaded versions of this document are uncontrolled.
Version 23 - 1 September 2021 Page 2 of 4
Controlled Document Information

Authorisation Details
Folder No: F2018/00254/03 TRIM Record No: D10953996 D10239457
Audience: External - Council employees, business chambers, business owners and members of the community
Department: Integrated Planning Officer: Economic Strategist – Dan Starreveld

Strategic Landuse Planner -
Samantha Hardie
Key focus area(s): Diverse Economy
Review Timeframe: 2 4 years Next Scheduled Review 25 March 20273

Max < 4 years Date:
Authorisation: Adopted by Council - 1 September 2021
Authorisation - 1 September 2021

Council Adoption
Date:
Related Document Information, Standards & References

Related Legislation: Entertainment Industry Act 2013 Legislation with objectives relevant to the night time
Betting and Racing Act 1998 economy in NSW
Destination NSW Act 2011 (NB. this is not an exhaustive list)
Disability Inclusion Act 2014
Fair Trading Act 1987
Environmental Planning and
Assessment Act 1979
Gaming and Liquor Administration Act
2007
Liquor Act 2007
Major Events Act 2009
Multicultural NSW Act 2000
Passenger Transport Act 2014
Retail Trading Act 2008
Smoke-free Environment Act 2000
Related Policies: Various, for example Noise guidelines, Existing Council policy, which may be relevant to the
lighting guidelines, Local Approvals night time economy in Lake Macquarie
Policy, etc. Council policies relevant to the night time economy in
Lake Macquarie
Related Procedures, Nil(Document Name) Procedures, guidelines, WHS modules, risk
Guidelines, Forms, assessments and work method statements relevant to
WHS Modules/PCD’s, the night time economic in Lake Macquarie
Risk Assessments, (Relationship/Context)
Work Method
Statements:
Standards, COP’s & Nil(Standard, COP or Other (Relationship/Context)

Other References References)
Definitions
Term / Abbreviation Definition
Council Lake Macquarie City Council
Consultation (update for each version created)

Key Departments, Teams, Arts, Culture and Tourism, Development Assessment and Certification and
Positions, Meetings: Integrated Planning Renewed without change – no consultation occurred.
Version History
Version Date Modified By Details and Comments
No Changed
1 August 2018 S. Hardie New Policy prepared and adopted by Council Draft for public exhibition
2 August 2021 S Hardie No changes to content
Policy transferred into current template
3 January D Starreveld Minor typographical and formatting changes
2023
Planning Proposal - LEP Amendment for Additional Permitted
23SP026
Uses at 56-76 Mandalong Road, Morisset

Objective 4.3 Our growing population supports a thriving local economy
File RZ/6/2021 - D10889760
Author Strategic Planner - Karin Coon
Responsible
manager
21DP017 - Draft Planning Proposal - LEP Amendment for
Additional Permitted Uses at 56-76 Mandalong Road, Morisset -
Previous items
Development and Planning Standing Committee - 11 Oct 2021
6.30pm
Executive Summary
Address: 56-76 Mandalong Road, Morisset
Owner: MANDALONG LF Pty Ltd
Proponent: Winarch Capital Pty Ltd
This report details the results of the recent public exhibition and seeks Council’s resolution to
endorse the planning proposal in Attachment 1. The planning proposal seeks to amend the
Lake Macquarie Local Environmental Plan (LMLEP) 2014 to permit additional uses at 56-76
Mandalong Road, Morisset. The proposal will enable a neighbourhood supermarket,
restaurants or cafes, and small format retail shops, currently prohibited within the B7
Business Park zone at the site.
The planning proposal was exhibited from 18 October and 15 November 2022 with four
submissions received.
Recommendation
Council:
A. notes the summary of submissions received during public exhibition in
Attachment 2 and the outcomes of State agency consultation
Environmental Plan 2014, as provided in Attachment 1
C. requests the Minister for Planning and Homes to make the amendment to the Lake
Macquarie Local Environmental Plan 2014, pursuant to the provisions of the
D. notifies those who made a submission of Council’s and the Minister’s decision.
Planning Proposal - LEP Amendment for Additional Permitted Uses at 56-76 Mandalong Road, Morisset
Discussion
At its meeting held on 11 October 2021, Council resolved to request a Gateway
determination and publicly exhibit a planning proposal for land at 56-76 Mandalong Road,
Morisset (21DP017). The planning proposal seeks to permit additional uses at the subject
site, by amending the LMLEP 2014. The proposed Additional Permitted Uses (APUs) are:
• shops (total gross floor area of 3,600m2), inclusive of a ‘neighbourhood supermarket’
(maximum floor area of 1800m2) and retail shops (maximum floor area of 1800m2)
• restaurants or cafes (maximum gross floor area of 500m2).
The intended outcome is to support a proposed retail park development and allow a greater
diversity of uses in a location that supports the growth of Morisset as a regionally significant
strategic centre. Maximum gross floor areas are specified for each APU to minimise impacts
on nearby centres.
The subject site is located approximately 1km west of the commercial core of Morisset
Economic Centre and a short distance from the M1 motorway. The site is predominantly
zoned B7 Business Park and is part of a broader employment precinct in the area.
Figure 1 – Location and current land use zones
Morisset is identified in the Lake Macquarie Local Strategic Planning Statement (LSPS) and
the Hunter Regional Plan 2041 as a regionally important strategic economic centre with a
large potential for growth. The business park at Morisset serves the southwestern part of the
City (Figure 2), complementing existing local and economic centres and strengthening
Morisset’s role as a regional economic centre.
Figure 2 - location of business parks and economic centres in the City (as identified in Lake Macquarie
LSPS).
Winarch Capital Pty Ltd (the proponent) has developed a concept master plan to guide the
development of the site into a specialised retail park with 27,500 m2 of floorspace. The
concept plan includes uses currently permitted on the site, as well as the proposed
additional permitted uses. A number of development applications (DAs) have been
submitted for uses currently permissible on the site, including hardware, homewares,
gymnasium and veterinary clinic. If adopted, the planning proposal will facilitate development
applications for smaller retail shops, restaurants and cafés. The ‘Life and Home’
development, with the additional permitted uses, will create local jobs, expand retail trade
and services and strengthen Morisset’s role in the region.
Endorsing the planning proposal is recommended as it will facilitate development which will
create local jobs, support growth and strengthen Morisset’s role in the region, consistent with
the direction in the LSPS and the Hunter Regional Plan 2041.
Not endorsing the planning proposal will impact the viability of development on the subject
site. This will potentially limit the scale and timing of the envisaged development of
employment lands and growth of Morisset as provided in the LSPS and Hunter Regional
Plan. This is not the recommended option.
Consultation with government agencies
Following Gateway determination, Council consulted with Hunter Water Corporation,
Subsidence Advisory NSW, Rural Fire Service, and Transport for NSW (TfNSW). Hunter
Water, Subsidence Advisory NSW and Rural Fire Service raised no concerns with the
proposal.
Transport for NSW (TfNSW)
TfNSW objects to the proposal, having concerns with the cumulative traffic impacts resulting
from development on the subject site, as well as other developments along Gimberts Road.
This is despite various uses already being permitted on the site and the proposed APUs
being restricted to approximately 4,000m2 and comprising a small part of the overall
development.
The proposed APUs are not expected to generate considerably more traffic than other uses
that are already permissible on the site. As a result, it is considered traffic issues are more
appropriately addressed through the development application process. Staff from
Development Assessment and Certification are currently working with the proponent and
TfNSW to resolve the issues related to traffic, including the design of site access.
Council staff have discussed TfNSW’s issues with officers from DPE. To meet the planning
proposal deadline, DPE staff have indicated they support Council proceeding with the
planning proposal and requesting the Minister for Planning and Homes to consider the
objection from TfNSW and to finalise the amendment to the LMLEP 2014.
Public exhibition
The planning proposal was exhibited between 18 October and 15 November 2022.
The planning proposal was exhibited on Council’s Shape Lake Mac website, on the NSW
Planning Portal and included in the November Shape Lake Mac e-newsletter. Around 60
adjoining landowners were directly notified of the public exhibition.
Council received four submissions. One from a local resident, two from major retail operators
in the Morisset town centre and one from Transport for NSW (TfNSW). The key issues
raised in the submissions relate to traffic impact and economic impact on nearby centres.
Attachment 2 provides a summary of submissions and staff responses. As a result of
submissions, some minor changes have been made to the planning proposal.
Following public exhibition, the planning proposal has also been updated to be consistent
with the NSW Governments Employment Zones reforms and with further information relating
to development occurring on the site. The requirements of the Hunter Regional Plan 2041
have also been addressed.
Internal consultation
Staff from Development Assessment and Certification, Asset Management and Integrated
Planning were involved in responding to public submissions and preparing the planning
proposal.
Key considerations
The proposed APUs are expected to provide 105 ongoing full-
time jobs and an additional 80 indirect jobs, when developed.
The proponent’s Economic Impact Assessment forecasts total
sales in the catchment area (covering an area from Toronto to
Wyee) to increase from $451.3 million in 2021 to $478.1 million in
2024, representing an increase of $26.8 million over the next
three years. With this forecast growth, the impact of the APUs on
sales from nearby centres is projected to be modest and
expected to further diminish over time as the population of the
catchment grows and demand for services increase.
The study estimates that the proposed development will result in
a 4.9 per cent reduction in forecasted sales for food and 3.3 per
cent reduction for non-food services, (representing reduced sales
of $21.8 million) to existing businesses within Morisset, Bonnells
Bay and Cooranbong in the first trading year of 2024. This is
comparable to an economic impact study undertaken for
proposed APUs at the former Bunnings site at Belmont North
(21SP026). The study concludes that despite a reduction in sales
in the first trading year, existing centres will continue to operate
Economic impacts successfully.
Two submissions have questioned and provided alternative
estimated impacts to the proponent’s economic study. However,
updated population projections and recent work undertaken by
the University of Newcastle for the Morisset Place Strategy show
a higher forecast population growth in the Morisset area than
anticipated in the proponent’s economic study. This suggests that
the retail expenditure capacity of the population in the future will
be bigger than estimated. Council’s Economic Strategist has
indicated the possible short-term economic impact of the APUs is
acceptable when compared to the scale of growth anticipated for
Morisset and subsequent future demand for commercial floor
space over the medium and longer term.
Ensuring Morisset continues to grow as an active and vibrant
centre is a key consideration. By limiting the floor space
associated with the APUs, the economic impact on the core
commercial area of Morisset and other nearby centres is
minimised. At the same time, the proposed maximum floor areas
for the APUs are adequate to still attract investment and create a
diversity of employment opportunities in the area.
The planning proposal supports environmentally sustainable

outcomes by facilitating employment generating development
Environment within the identified Morisset growth area, close to housing, the
commercial core, public transport and existing infrastructure.
The planning proposal does not impact on the adjoining E2
Environmental Conservation zoned land within the site.
The planning proposal will have a positive social outcome by
Community retaining and providing local employment opportunities for local
residents and improving access to diverse retail services.
Council’s support for the planning proposal will help achieve the
Civic leadership objective to grow and diversify our City’s economy and increase
local employment opportunities.
The costs associated with this planning proposal, including staff
Financial time, are being covered by the applicant as per Council’s Fees
and Charges.
A Traffic Impact Assessment has been prepared and consider the
impact of both the planning proposal and the concurrent DAs.
Infrastructure This assessment shows that road upgrades will be necessary
due to the traffic increase. Detailed plans for road upgrades and
traffic management will be assessed through the development
application process and ongoing discussions with TfNSW.
The risks associated with preparing a planning proposal are
minimised by the processes outlined in the Environmental
Risk and insurance Planning and Assessment Act 1979, the Environmental Planning
& Assessment Regulation 2021, and Council’s Local
Environmental Plan Amendment Procedure.

Environmental Planning and Assessment Regulation 2021
Hunter Regional Plan 2041
Greater Newcastle Metropolitan Plan 2036
Lake Macquarie Local Strategic Planning Statement
Attachments
1. Planning Proposal - RZ/6/2021 - 56-76 Mandalong Under D11045776
Road Morisset - For endorsement separate cover
2. Summary of submissions and council response - D10946781
RZ/6/2021 - 56-76 Mandalong Road Morisset
Attachment 2 | Summary of submissions and council response - RZ/6/2021 - 56-76 Mandalong Road Morisset
Submitter Summary of submission Comments

Transport for Mandalong Road is a classified State road (MR217), The Gimberts Road Morisset Precinct Area Plan within
NSW (TfNSW) and Old Mandalong Road and Gimberts Road are Development Control Plan (DCP) 2014 applies to the site
local roads. Council is the roads authority for all and surrounds. The plan contains principles for the road
public roads in the area (excluding the M1 Pacific system and access for developments in the area, such as
Motorway). the realignment of Gimberts Road. The area plan does not
identify the left turn slip lane suggested by TfNSW.
TfNSW is concerned about the cumulative effect of
current DAs and the planning proposal at the subject The current area plan is considered adequate to guide
site and subsequent queuing of traffic on Gateway intersection upgrades triggered by the development
Boulevarde and Mandalong Rd. applications and any future development applications
associated with the APUs.
TfNSW object to the proposal until a mechanism is in
place to ensure a left turn slip lane can be provided As an alternative, Council staff support the TfNSW
from Gateway Boulevarde onto Mandalong Road. suggestion to require specific road works by way of a
Subject to relevant approvals, TfNSW suggest this condition associated with current or future Development
could be by way of a condition associated with a Approvals on the site. This would achieve the same
future Development Approval. TfNSW also suggest outcome as amending the area plan but in a shorter
that a site specific DCP (Area Plan) be prepared timeframe.
prior to finalisation of the LEP amendment, which
incorporates the slip lane. There are currently three development applications (DAs)
associated with the site that are under assessment by
The requirement for a left turn slip lane only (and no Council: DA/1960/2011/C, DA/311/2021 and DA/3175/2021.
other upgrade works) to mitigate the impacts of the These applications include proposed specialised retail,
planning proposal is on the basis that the works hardware and garden centre, take away food premises,
proposed to facilitate DA/1960/2011/C and gymnasium and a veterinarian clinic. It is appropriate that
DA3155/2021 (upgrade of Gimberts Rd and the requirement for a slip lane be addressed as part of the
Gateway Blvd to a roundabout) are completed and in assessment and determination of these applications.
place prior to any development enabled by the
planning proposal, being approved. The realignment of Gimberts Road is already addressed in
the area plan and will be considered through the DA
TfNSW advises that current funding commitments assessment process. Council staff are currently working
announced in 2022 for Mandalong Rd upgrades by with the proponent and TfNSW to resolve issues related to
the Federal and State Governments do not cover the road design and funding of construction associated with the
local road realignment at Gimberts Rd, and three DAs for the site. This includes finding acceptable
RZ/6/2021 – proposed Additional Permitted Uses at 56-76 Mandalong Rd – Summary of submissions Page 1 of 8

realignment works must be in place before any solutions for access to the site from Mandalong Road and
Occupation Certificate is issued for development(s) realignment of Gimberts Road. These considerations are
on the subject site. addressing the traffic impact from the whole proposed
development on the subject site. Appropriate conditions of
consent will be determined as a part of current and future
development applications.
Outcome: Transport for NSW’s advice has been noted in
the planning proposal. No changes to the proposed
amendment to the LMLEP 2014. Council staff to address
the issues raised by TfNSW as part of assessment and
determination of current development applications.
Charter Hall Objects to the proposal. Key points include:
Owner of 1. Inconsistency with existing centres hierarchy and The LSPS identifies Morisset as one of three strategic
Morisset Square with strategic policies regionally significant centres in Lake Macquarie, providing a
in the town centre wide range of services, community facilities, retail and
with Coles, Best The planning proposal is misaligned with the employment to a wide spatial catchment. The planning
& Less, speciality established retail and centre hierarchy established in proposal is consistent with providing such retail and
retail, food and the Lake Macquarie City Local Strategic Planning employment opportunities. The subject site is located on the
other services. Statement (LSPS), and inconsistent with the purpose periphery of the core urban intensification area and the
of ‘South West Growth Area’. The subject site is future growth investigation area surrounding Morisset. The
outside Morisset town centre. The already approved area is a key location for the expansion and growth of the
specialised retail activity on the subject site, will if centre.
coupled with ‘shops’, create a competing centre, and
undermine the town centre. The proposed additional uses will support development of
employment zoned land between the M1 and Morisset’s
core commercial area, support investment in and growth of
Morisset area and strengthen Morisset's position as a
strategic centre, in line with the strategic direction of the
LSPS.

The planning proposal limits the size of APUs to a maximum
of 4,100m2 to reduce impact on businesses in the
commercial core of the centre. The APUs will comprise a
small part of the proposed larger development that will
provide up to 27,500 m2 floor space.
The site is located within an employment district The objective of the planning proposal is to support the
where industrial, business and specialised retail development of employment land. The inclusion of the
employment uses should be explored and benefit APUs, with a restricted gross floor area, will further enhance
from proximity to the M1 Motorway by supporting and stimulate the development of adjoining business and
employment uses, including freight, warehousing employment zoned land in the immediate locality, much of
and logistics that complement nearby centres. which has remained undeveloped.
Placing ‘shops’ and ‘restaurants and cafes’ on this As outlined in the planning proposal, the proposed APUs
site, reduces it’s potential to deliver on providing may reduce the availability of B7 Business Park zoned land
larger employment uses (industrial, business or within Morisset for other uses.
bulky goods) that benefit from access to M1 and
require large land holdings. However, the main part of the proposed development
(specialised retail premises) is consistent with the objectives
and intended uses of the zone. There is reasonable
justification for inclusion of ‘shops’, a ‘neighbourhood
supermarket’ and ‘restaurants/cafes’ to support the viability
of the specialised retail and help activate adjacent
employment zoned land currently undeveloped.
Council has also completed an analysis of near-term

demand for industrial zoned land within the local
government area. This analysis recommended identifying
additional sites within Morisset and west of the M1
Motorway, consistent with the LSPS. This expansion has
also been identified in the Hunter Regional Plan 2041.
Expansion of industrial/ business park land will more than

offset minor losses at the subject site associated with the
proposed APUs. Use of APUs and built form conducive to
the B7 zone provides flexibility for future change of uses on
the site, should the need arise.
2. Adverse economic impacts on Morisset Town

Council engaged The University of Newcastle - Institute of
Centre
Regional Futures to peer review the proponent’s EIA and
Questions the results in the proponent’s Economic the submitter’s economic assessment. The University found
Impact Assessment (EIA). Submitter’s independent that both assessments provided insufficient information to
economist suggest that economic impacts are support their respective findings. Staff have also been
substantially understated, particularly for Morisset unable to verify the results of these assessments due to a
Town Centre by lack of publicly available commercial data.
• overstating current turnover achieved by the However, in their response to submissions, the proponent’s
Morisset Town Centre economic consultant provided detailed information in
• understating the required turnover level for relation to the sales estimates and assumptions which
retailers within the proposed development addressed some of the concerns raised by the peer review.
• overestimating the drawing power of the
proposed uses, and the distribution of trade In preparing for the Morisset Place strategy, the University
Requests an independent EIA to be undertaken to of Newcastle has modelled likely future growth scenarios for
verify the economic impacts on Morisset Town Morisset and surrounds for Council. These scenarios were
Centre claimed in the proponent’s economic impact informed by recent trends as well as proposed
report. developments that are at various stages of planning. The
lowest growth scenario envisaged is based on
developments that have already been approved, which
anticipates an annual population growth rate over the long
term that is higher than the rate anticipated in the
proponent’s economic impact assessment. This indicates
that the additional commercial floorspace proposed is
acceptable in the context of the entire Morisset and South
West Growth Area.

In considering the economic impact of the proposed APUs,
staff have considered recent population projections from
REMPLAN. These show a steeper population growth in the
Morisset area than anticipated in the proponent’s economic
impact assessment. This projected growth suggests the
total retail expenditure capacity of the growth area’s
population will be larger than previously estimated. Together
with the further anticipated growth for Morisset envisaged in
the Hunter Regional Plan, the overall economic impact of
the APUs on Morisset’s commercial core is expected to be
low.
Accordingly, the short-term economic impact is considered
reasonable relative to the scale of population and economic
growth anticipated for Morisset and subsequent future
demand for commercial floor space over the medium and
longer term. The envisaged medium to long-term growth of
Morisset will see increased viability for both the proposed
additional permitted uses and the current and future uses in
the centre’s commercial core.
Outcome: Updated evaluation of social and economic
effects in the planning proposal. No changes to the
proposed amendment of LMLEP 2014.
3. Misalignment with the Employment lands reform On 26 April 2023 the B7 Business park zone at the subject
and proposed E3 zone objectives site will be converted to Zone E3 Productivity Support due
In the current B7 zone objectives under LMLEP to the NSW Governments Employment Zones reform. This
2014, a clear directive is to ensure the function of the reform has been considered in preparing the planning
existing centres are not undermined when proposing proposal.
specialised retail premises and commercial To ensure consistency with the objectives of both the B7
premises. and E3 zones, the planning proposal includes maximum
gross floor areas for each APU. The maximum floor areas

The proposed introduction of shops and a total of have been proposed in order to limit impacts on nearby
3,600sqm of retail floor space is beyond centres.
complementary to the Morisset town centre but is
also competing, and the proposal is also inconsistent Outcome: Future zoning categories have been specified in
with the future E3 Productivity Support zone the planning proposal to emphasize that the future zone
objectives: conversions and new zones have been considered when
evaluating whether the planning proposal is the best means
- To provide for land uses that are compatible with, of achieving the objectives or intended outcomes or not.
but do not compete with, land uses in surrounding
local and commercial centres. No changes to the proposed amendment of LMLEP 2014.
- To maintain the economic viability of local and

commercial centres by limiting certain retail and
commercial activity.
4. Premature consideration of the proposal in The objective of the planning proposal is to strengthen and
advance of the Morisset Place strategy provide flexibility to the range of specialised retail premises
The role and function of this land in the longer term that are permissible within the existing zoning.
is not yet defined or realised and likely to be The Hunter Regional Plan 2041 (HRP2041) identifies the
informed by the Morisset Place Strategy, not yet subject site as a precinct for employment within the Morisset
finalised. regionally significant growth area. HRP2041 has identified
Suggests that consideration of the planning proposal the need for place strategies for areas expecting significant
is premature, and should await the Morisset place growth such as Morisset. Planning proposals prepared on
strategy which considers the area in relation to the land within these areas can be assessed before the place
broader development of Morisset. strategies are prepared. In such cases, the planning
proposal must be consistent with defined place strategy
outcomes for the regionally significant growth area.
As identified in the post-exhibition version, the planning
proposal is consistent with the defined place strategy
outcomes for Morisset.
Outcome: The planning proposal has been updated with
reference to the recently adopted Hunter Regional Plan

2041 including consideration of the defined ‘place strategy
outcomes’ for Morisset.
SCA Property Objects to the proposal.

Owner of States that the proposed LEP amendment has the The submission provides similar points as the Charter Hall
Morisset ability to erode the core role of the Morisset town submission. See response above.
Shopping Centre centre by dissipating retail activity and providing a
in the town centre competing out of centre development. Outcome: Some clarification in part 3 of the planning
with Woolworths proposal: justification of strategic and site-specific merit. No
and speciality Dispute the assumptions made in the Deep End changes to the proposed amendment of LMLEP 2014.
retailers offering Economic Impact Assessment (EIA). Suggests the Further details in relevant sections above.
food, homewares, economic impact on Morisset town centre is larger
retail services, than estimated, with a detrimental impact. Requests
amenities and a critical review/ independent assessment.
banking. Considers the proposal is
• inconsistent with strategic planning policy and
future policy creating (centres hierarchy in the
LSPS, the draft Hunter Regional plan)
• premature in the expectance of the Morisset
Place Strategy.
• inconsistent with the intent of the Employment
zones reform, and objectives for future E3 zone
Resident of There is no plan for a dual lane on Dora Street going A Traffic Impact Assessment was prepared for the proposal
Morisset through the shopping centre. Suggests putting the which did not identify the type and scale of the proposed
railway underground including the station through to solutions. The submission relates to the greater Morisset
Dora creek. Then put a dual-lane road through to area and the proposed solutions are outside the scope of
Dora creek. this planning proposal. Council will be working on the
Morisset Place Strategy in 2023/2024 which considers the
broader planning and transport needs of the area into the

future. The community will be able to provide input on future
transport solutions in Morisset in this process.
Outcome: No changes to the planning proposal.
23SP027 Adoption of Revised Draft Cockle Creek Precinct Area Plan
Key focus area 1. Unique landscape

1.3 New development and growth complements our unique
Objective
character and sense of place
File F2020/01515/06 - D10181871
Author Strategic Landuse Planner - Kent Plasto
Responsible
manager
21DP008 - Exhibition of draft Cockle Creek Precinct Area Plan -
Previous items Development and Planning Standing Committee - 10 May 2021
6.30pm
Executive Summary
The revised draft Cockle Creek Precinct Area Plan has been prepared to align with current
zones and provide an updated vision, objectives and development controls for this growing
area of the city. It will facilitate the delivery of contemporary retail, business park, light
industrial, residential and open space development, consistent with outcomes envisaged for
the North West Lake Macquarie Catalyst Area.
This report discusses the outcome of the public exhibition period and recommends adoption
of the revised draft area plan which incorporates changes based on submissions received.
Recommendation
Council:
A. notes the issues raised during public exhibition as summarised in Attachment 2,
B. adopts the revised draft Cockle Creek Precinct Area Plan in Attachment 1 by
amending the Lake Macquarie Development Control Plan 2014,
C. gives public notice of its decision in accordance with the Environmental Planning
and Assessment Act 1979 and the Environmental Planning and Assessment
Regulation 2021 and
Discussion
The Cockle Creek Precinct is located within the broader Lake Macquarie North West
Catalyst Area identified in the Hunter Regional Plan 2041 and the Lake Macquarie Local
Strategic Planning Statement. The Catalyst Area is an important central location that has
significant potential for residential and employment growth at a range of scales.
Development in the Catalyst Area has the potential to create 6000 new jobs and welcome
10,000 new residents.
Adoption of Revised Draft Cockle Creek Precinct Area Plan

Figure 1 – North West Lake Macquarie Catalyst Area and Cockle Creek Precinct Area Plan
The revised draft Cockle Creek Precinct Area Plan (revised draft area plan) has been
developed to support these intentions. The plan seeks to position the precinct to attract
landmark, innovative development and provide opportunities that will support the economic
growth of the region. The plan will facilitate the delivery of high-quality buildings, urban
places and transport connections that, when approved, will promote Lake Macquarie’s
leading role in the region and state.
Four key objectives contained in the revised draft area plan guide the preferred development
outcomes for the precinct:
• Economic diversification - provide a diversity of employment development
opportunities within commercial and employment precincts such as retail, tourism,
innovative and knowledge-based industries
• Residential diversity - encourage a diverse range of low and medium density housing
close to public transport and services
• Iconic and unique development - identify areas for future investigation to provide
flexibility to achieve the desired future vision and character for the Munibung Hill
Precinct
• Road, pedestrian and cycle network - develop a safe, efficient, convenient and
comfortable road, pedestrian and cycle network that connects to Munibung Hill,
Cockle Creek train station and surrounding areas of the North West Lake Macquarie
Catalyst Area.
The revised draft area plan contains a structure plan (Figure 2) which illustrates how the key
objectives will be delivered. The revised draft area plan also contains development controls
related to:
• desired development outcomes for different sub-precincts
• management of contaminated land and the containment cell

• management of natural areas and reserves
• access and mobility
• provision of public spaces and recreation
• heritage conservation and interpretation
• management of transition and interface areas.
Figure 2 – Cockle Creek Precinct Area Plan - Structure Plan

Council staff are also currently preparing the North West Lake Macquarie Catalyst Area
Place Strategy which considers the longer-term planning and development outcomes for the
whole catalyst area. Adoption of the revised draft area plan is required to guide development
that is occurring now based on current planning controls. Adoption of the revised draft area
plan will not preclude the consideration of future changes to the Lake Macquarie Local
Environmental Plan 2014 that may occur concurrently with or following preparation of the
North West Lake Macquarie Catalyst Area Place Strategy.
It is recommended Council adopts the revised draft area plan, as it incorporates submission
feedback and additional consultation with internal and external stakeholders following public
exhibition.
The revised draft area plan will guide development that achieves Council’s preferred future
vision for the precinct as an iconic, unique and exciting city landmark that will attract visitors,
workers and customers from outside the city. It is anticipated development of this nature will
support economic change and promote Lake Macquarie’s leading role in the region and
state.
Council may resolve not to adopt the revised draft area plan. This is not recommended as
the current area plan is significantly out of date and not having a contemporary area plan will
impact Council’s ability to guide preferred development of the land and may delay the
delivery of the outcomes envisaged for the area. This option may also create market
uncertainty and affect the timely sale and development of the land.

Internal Consultation
Staff from Development Assessment and Certification, Integrated Planning, Environmental
Systems, Asset Management and Environmental Regulation and Compliance departments
have contributed to the preparation of the revised draft area plan.
Agency consultation
The NSW Hunter and Central Coast Development Corporation (HCCDC) and Waste Asset
Management Corporation (WAMC) provided a written submission and have been involved in
preparing the revised draft area plan. NSW Rural Fire Service, Subsidence Advisory NSW
and Transport for NSW were invited to comment during the exhibition stage and provided
advice that they raise no objections. Transport for NSW have indicated they support
investigating potential upgrades to the Cockle Creek train station.
Public Exhibition
At the meeting on 10 May 2021 (21DP008), Council resolved to exhibit the draft Cockle
Creek Precinct Area Plan for a period of 28 days. The draft Area Plan was exhibited
between 11 May 2021 to 7 June 2021. Notification occurred using Council’s Shape Lake
Mac web site as well as post card distribution and letters to relevant property owners.
Nine written submissions were received. Five submissions from residents and the remaining
submissions from State Government agencies, a planning and development consultant and
a private company. There have been protracted discussions with Government agencies and
other stakeholders following exhibition.
Relevant feedback from submissions has been incorporated into the revised draft area plan.

A summary of issues raised in the submissions is contained in Attachment 2. The following
changes were made to the draft area plan as a result of exhibition and ongoing consultation:
• minor administrative changes
• removal of indicative pedestrian link over the railway line
• additional detail on the role of special precincts, and provisions related to heritage,
open space and public domain areas of the site
• amending controls relating to:
o Lot 1002 DP 1270101 to ensure activation of the frontage to Main Road
consistent with the relevant Site Audit Statement
o Special Precinct 4 to clarify landscaping requirements for development in the
northern interface area and activation of Munibung Road in the south
o Lot 4001 DP 1282290 to require vegetation corridors be consistent with lot
boundaries and any rehabilitation is able to accommodate access trails.
Key considerations
The revised draft area plan will ensure the site is developed to
Economic impacts encourage economic diversification, create new employment
opportunities, retail and knowledge-based industries, and utilise
existing high-speed internet infrastructure.
The revised draft area plan ensures remediated and un-
remediated land is managed consistently with relevant
environmental legislation and plans of management affecting the
Environment site.
Objectives and controls have been developed to enhance the
quality of environmental areas and provide opportunities to
consider future recreation and appropriate alternative uses of
these areas including the containment cell and Munibung Hill.
Exhibition of the draft area plan provided opportunity for
community feedback.
The proposed changes incorporated into the revised draft area
Community plan encourage social sustainability by supporting quality open
space and recreation opportunities, improve transport choice and
connections, heritage values and additional neighbourhood
services.
If adopted, the revised draft area plan will demonstrate Council’s
commitment to support efficient and effective re-development of
Civic leadership infill/brownfield land to support the economic growth of the City,
and develop appropriate new housing, services, and
infrastructure where needed.
Infrastructure or facilities identified in the revised draft area plan
will be delivered as part of future development, via development
Financial contributions, grants or considered as part of Councils annual
Operational Plan and budgeting process.
No other financial implications are associated with the adoption of
the revised draft area plan.

The revised draft area plan does not require Council to develop
infrastructure but sets standards for the design and construction
of future roads, pedestrian and cycling connections, as well as
Infrastructure drainage corridors and reserves in conjunction with future
development.
Council staff continue to work with landowners and other
government agencies to deliver roads and essential utility
services as development continues over the site.
Preparation and adoption of the revised draft area plan is a
standard Council activity governed by legislative requirements.
Risk and insurance The revised draft area plan has been prepared in accordance
with Council’s Risk Assessment and Procedure for Preparing
Development Control Plan Amendments, which ensures risk and
insurance impacts are minimised.

Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019
Greater Newcastle Metropolitan Plan 2036
Lake Macquarie Local Strategic Planning Statement
Attachments
1. Summary of Changes (Post Exhibition) - DCP 2014 - Under D11034306
Revision XX - draft Cockle Creek Precinct Area Plan separate
cover
2. Summary of Submissions - Cockle Creek Precinct Area D11034314
Plan

Attachment 2 | Summary of Submissions - Cockle Creek Precinct Area Plan
Submissions from Summary of submission Comments

corporations and
companies
NSW Waste Asset WAMC provided a submission outlining the relevant and current The draft provisions associated with potential open
Management Corporation legislation regarding the Containment Cell, Angophora inopina space and recreation use of the Containment Cell,
(WAMC) Reserve and Munibung Hill. The submission identifies the Angophora inopina Reserve and Munibung Hill have
remediation status, permissible uses and ongoing management been reviewed. The draft provisions required minor
plans/actions that currently limit public access and use of these modification to clearly outline the necessity for
areas for activities associated with open space and recreation. comprehensive consideration of all relevant and
current legislation, permissible uses and ongoing
In summary, WAMC are supportive of the revised draft area plan management responsibilities.
however recommend comprehensive consideration of relevant and
current legislation, audit statements and management plans in Outcome: Changes have been made to the revised
assessing the Containment Cell, Angophora inopina Reserve and draft area plan to address the matters raised.
Munibung Hill for potential future public access and use of these Revised draft wording is consistent with the
areas for activities associated with open space and recreation. requirements of WAMC.
Hunter & Central Coast HCCDC indicated they are generally supportive of the revised draft Agreed that light industrial development controls
Development Corporation area plan, but raised a few matters: need clarification.
(HCCDC) – Issues raised
during public exhibition  minor content errors and recommended changes to The proposed draft environmental considerations are
period objectives and controls to strengthen and provide additional more onerous than provisions that currently apply to
clarification for light industrial development, the environmental zoned lands. This is because
 concern that some of the draft environmental considerations current Environmental Management Plans for both
may limit the use of land areas currently under the ownership the Angophora inopina Reserve and Munibung Hill
of HCCDC. Specifically, HCCDC note that draft controls for environmental lands are limited in scope. The
Lot 1010 (land on the northern ridge that connects Munibung Environmental Management Plans do not address
Hill to the Angophora inopina Reserve) are onerous and may the rehabilitation and ongoing management of native
impact the outcome of a current subdivision proposal related vegetation for the corridor link or the Angophora
to the land, and inopina reserve. They don’t provide comprehensive
 not supportive of the indicative pedestrian connection to management of the land areas to Council’s
Argenton that is shown across land in the IN2 Light Industrial satisfaction. The additional controls proposed in the
zone. Concern raised that the connection will split the site revised draft area plan are required to maintain and
and has little likelihood of delivery. enhance the intended environmental quality of the
land areas.
A subdivision certificate has been issued for the
proposed development of Lot 1010 and has not been
impacted by the draft controls. Future proposals
associated with this land will be subject to the draft
controls.
A proposed pedestrian connection to Argenton is
schematically shown in the draft Structure Plan.
Recent discussion with the new property owner
indicated that engagement with Railcorp identified a
number of impediments to providing access over the
rail line in this location. As permeability in the
pedestrian network is achievable in alternative areas
of the Cockle Creek Precinct it is practical to remove
the indicative pedestrian connection and retain the
principles of increased permeability in other parts of
the revised draft area plan.
Outcome:
Changes have been made to the description of the
environmental corridor connecting Munibung Hill to
the Angophora inopina Reserve.
Changes have been made to the revised draft area
plan to address minor editing errors. Recommended
changes related to light industrial development
controls have been made to clarify these controls.
Minor changes have also been made to ensure the
land identified as Lot 1010 in the revised draft area
plan can be readily located following any subdivision
of the lot.
The proposed pedestrian crossing over the rail line
has been removed from the revised draft area plan.
Hunter & Central Coast HCCDC made an additional submission noting the changes to the Outcome:
Development Corporation revised draft area plan post exhibition. HCCDC indicated they are
(HCCDC) – Issues raised generally supportive of the revised draft area plan, but raised a few Changes made to Lot and DP numbers to retain
post public exhibition further matters: consistency with updated approved subdivision
applications.
 minor content errors and recommended changes to
objectives and controls to strengthen and provide additional Changes made to controls for industrial areas to
clarification for light industrial development, contaminated clarify preferred outcomes.
land and special commercial and business precincts, Changes made to controls relating to vegetation
 recommended updates to some lot and DP numbers to corridor to retain consistency with lot boundary
remain consistent with recently approved subdivision
applications, and where the corridor is less than 50m wide.

 Clarification of controls relating to vegetation corridor
connections on Munibung Hill north ridge connecting to the Changes made to development addressing Main
Angophora inopina Reserve and fire trail access. Road to reflect contaminated land management
protocols.
Dantia The submission was generally supportive of the revised draft area Agreed that introductory sections could be improved
plan, but raised a few matters and recommendations: with additional context.
 changes to content in the initial introductory sections of the The draft objectives and controls that support
revised draft area plan to clarify intended outcomes, complementary uses associated with the Boolaroo
 the removal of references that support complimentary uses Local Centre are designed to ensure the role and
with existing activities located at Boolaroo, function of the Boolaroo Local Centre are considered
 addition of road link across Cockle Creek in the structure as part of future development on the site. The draft
plan map, and objectives and controls are not considered
 clarification of location of open space and recreation areas constraints to economic activity within the precinct as
over the site. population growth might support additional services
and commercial development within the precinct with
limited impact on Boolaroo. These controls and
objectives ensure economic assessment of proposed
development is balanced and provides supportive
guidance for the location and types of businesses in
Boolaroo and Cockle Creek growth areas.
The addition of a road link is appropriately
referenced in the Investigation Area under Section
9.2. The addition of a road link located across Cockle
Creek is a significant public infrastructure item and
should be considered carefully in its pre-
development and conceptual stage. Internal
consultation confirms identification on the structure
plan is not recommended at this early concept stage
of development.
The local open space and recreation areas section
has been reviewed to clarify the location and
intention for open space and recreation areas.
Outcome: Changes have been made to the revised
draft area plan to provide additional context in the
introduction section of the revised draft area plan.
Changes have also been made to relevant sections
of the revised draft area plan to clarify the location
and intention for open space and recreation areas.

HDB Town Planning & The submission is generally supportive of the draft plan but proposes Open space and recreation infrastructure is best
Design some key changes including: located central to residential uses. Wording changes
to open space and recreation section have been
 Re-location of the local park, made, however, the relocation of the local park is not
 Additional objectives to allow higher buildings, supported.
 Deletion of control that limits driveway crossings of
pedestrian paths, The revised draft area plan is consistent with current
 Revised cross section of Fotheringham Road to be more height controls provided in LMLEP 2014. The
consistent with approved plans, and appropriate pathway to consider altering height limits
 Request removal of some E2 land on the slopes of Munibung is an amendment to LMLEP2014. Investigation has
Hill from the reserve as land is proposed not to be within the commenced to amend heights to facilitate more infill
reserve area. and commercial opportunities.
The submission refers to land slope as the reason
why the control limiting driveway crossings of shared
paths on Fotheringham Road should be removed. It
should be noted that the term ‘minimise’ has been
used instead of ‘must’ in order to achieve best
practice outcomes where practical i.e. in locations
where slope is an issue, a development might retain
a driveway across pedestrian paths and still be
consistent with the plan. There are many other areas
of the site where the land addressing Fotheringham
Road is not overly sloped. It is preferred that where
possible and/or given the opportunity, driveways
crossing pedestrian paths are limited and the safety,
convenience and character opportunities afforded by
this practice are realised.
Approved DA plans assisted in informing the road
widths provided in the revised draft area plan.
However, other factors have also informed the
indicative road widths, including the need to cater for
a more comprehensive road user group. The
indicative road widths in the revised draft area plan
provide more flexibility in accommodating future land
uses. Changes to road widths in the revised draft
area plan are not supported.
Land identified as ‘E2 land on the slopes of
Munibung Hill’, will remain within the Munibung Hill
Reserve Area, or as proposed in the revised draft

area plan; Munibung Hill Environmental Area, for the
following reasons:
- The current reserve boundary is consistent
with slope conditions from steep to minimal
slope,
- The combination of greater than 1:4 slope
and natural water lines support non-
residential uses
- An LEP amendment would be required to
permit other types of development. The
appropriate pathway to consider altering
zones is an amendment to LMLEP2014.
Outcome: Minor word changes to open space and

recreation section. Otherwise, no changes to the
revised draft area plan.
Submission from Comments
Summary of submission
residents
Resident Submission 1 Question raised as to whether developers will be required to pay for Developers are required to pay for road upgrades
road upgrades to manage the huge influx in additional road traffic. that are solely attributable to their development.
Developers also pay development contributions
Concern also expressed that increased traffic will create additional which help fund the provision of road upgrades and
grid lock in Boolaroo/Speers Point and Argenton/Glendale and other infrastructure to cater to increased population
Cardiff. in the area.
Also raises the need for revised draft area plan to consider the Council and TfNSW are investigating traffic and
provision of future local parks, sporting complexes, local shops, transport impacts due to both development of the
businesses, school, kindergarten, church and day care centres. Cockle Creek infill site as well as expected
development in the wider North West Catalyst Area
in general. It is expected these investigations will
identify impacts and propose infrastructure
upgrades. The outcome of these investigations will
inform the preparation of the draft North West Lake
Macquarie Catalyst Area Place Strategy.
The structure plan within the revised draft area plan
identifies two indicative locations for open space and
parks and council is currently investigating the
potential use of Munibung Hill for formalised

recreation opportunities.
Local shops and businesses are identified in the
Cockle Creek Special Precinct areas as well as
being permitted in a number of zones on the site.
Regarding the provision of churches, schools and
day care/kindergarten facilities, Council has
considered future social infrastructure provision for
the precinct in formulating the Glendale
Development Contributions Plan. It should also be
noted that these types of developments are
permitted in various zones that currently exist over
the site.
Outcome: No changes to the revised draft area plan
Resident Submission 2 Draft plan should allow high density buildings. The buildings at the The revised draft area plan identifies a preference for
moment are of low quality. high quality and innovative architecture and design in
specific locations on the site. Council staff are
Draft plan might also look at removing the roundabout and installing supportive of higher densities in the area and
lights. encourage this in discussions with developers. The
provisions in the revised draft area plan are designed
to facilitate further discussion on a range of planning
matters including height and density to appropriately
respond to growing and changing demand.
The revised draft area plan identifies the existing
roundabout at the juncture of TC Frith Ave,
Munibung Rd and Main Road. This roundabout is
within the investigation area for the Cockle Creek
and Boolaroo Traffic Study (2023). The review
assessed impacts to the road network considering
current and future potential development. This
review proposes upgrades that include (amongst
other measures) installing signal lights. The revised
draft area plan has been updated to include
reference to the 2023 study. The outcomes of this
investigation will inform the preparation of the North
West Lake Macquarie Catalyst Area Place Strategy.
If appropriate, further consideration can be given to
amending the revised draft area plan when the draft
Place Strategy is complete.

Outcome: Change made to the revised draft area
plan to include reference to the Cockle Creek and
Boolaroo Traffic Study (2023)
Resident Submission 3 The revised plan is a backwards step. The area doesn't need a Currently, Zone B7 Business Park and Zone B4
business park, it needs housing, particularly social housing. There is Mixed Use apply to the site under the LMLEP 2014.
plenty of commercial area at nearby Glendale and Cardiff. These zones permit a range of office, business, light
industrial and residential development in an
Suggestion to delete the business park zoning and use that space accessible location. The economic benefits of these
for social housing and park land. uses extend beyond the Pasminco site and will
positively affect the LGA in general. Any change to
the B7 and B4 zones would require an amendment
to the LMLEP 2014. The revised draft area plan aims
to provide a specific vision for the area and
appropriate guidelines to facilitate high quality and
innovative outcomes in these zones. The type of
business that is to be accommodated by the revised
draft area plan is of a different type and scale to
Glendale and Cardiff. Environmental and
recreational open space is also provided in the
revised draft area plan.
As identified in Council’s Lake Macquarie Housing
Strategy 2021, there are considerable opportunities
for infill and potential social housing in the North
West Growth Area of the City. The Strategy, in
particular, identifies Boolaroo, Speers Point,
Edgeworth, Teralba, Fassifern, Fennell Bay and
Woodrising as locations for infill medium density
opportunities. It is considered the business and light
industrial zoned land areas are appropriately located
given the context of the Pasminco site as well as the
location of this area in the region.

Resident Submission 4 Costco is given an extremely large footprint on the map. Would like Costco own the site identified in the revised draft
clarification if this is because there is plan to further develop the site area plan and potentially can utilise the entire area,
with other shops. subject to further development approvals.

The identified "public recreation" area is currently a bit of a The area currently zoned RE1 'Public Recreation'
wasteland of dead space. Would like to know what plans there are to under LMLEP 2014 is being investigated for
make this into something nice. appropriate uses that will benefit the public. Although
at this stage the specific use of this land is unknown
and complex due to ongoing remediation issues,
recent investigation confirms that public uses on this
site are preferred. It is also evident that the site will
have a significant role to play in the future as its
location adjacent to Cockle Creek Rail station,
Cockle Creek Precinct and Boolaroo.
Resident Submission 5 Concerned that the following impacts need to be considered: 1. Traffic impacts are being assessed as part of each
development (as they occur) but also more broadly
1. Existing roads and traffic - If the new precinct is to move forward, as part of the preparation of the North West Catalyst
adequate upgrades to existing roads and infrastructure needs to Area Catalyst Area Place Strategy. This investigation
occur. seeks to identify impacts and necessary upgrades to
2. Water runoff from Munibung Hill - Heavy rain periods cause the road, cycle and shared path infrastructure. The
flooding along Creek Reserve Road as a result of run off from outcome of these investigations will inform the
Munibung Hill. Homes are affected by flooding and Cockle Creek has preparation of the draft North West Lake Macquarie
been polluted by storm water and waste. The new precinct must not Catalyst Area Place Strategy.
contribute to this problem. 2. Creek Reserve Road and surrounding properties
3. Urban heat - Lake Macquarie City Council Urban Heat Strategy are within a high hazard flood zone as well as being
Summary Report (August 2020) has identified Boolaroo as a suburb within an adaptation planning area, identified in
with a higher risk of vulnerability to heat. Consideration must be Council’s Local Strategic Planning Statement. In
given to the establishment of significant green spaces to counteract addition, the lower parts of Cockle Creek can be
the effects of urban heat. flooded by elevated ocean levels caused by high
tides and storm surge, as well as intense rainfall over
the catchment (Upper Cockle Creek Floodplain Risk
Management Study and Plan, 2019).. The revised
draft area plan has retained content relating to
detention basins and stormwater and it is anticipated
these existing controls as well as flooding and
stormwater controls in other parts of the LMDCP
2014 will continue to achieve appropriate measures
and Australian standards regarding drainage and
stormwater management as development occurs
across the site.
3. Urban heat is specifically noted on pages 7 and 8

of the revised draft area plan. Content in the revised
draft area plan has utilised available information from
local and state government and additional
appropriate sources to guide development.
23SP028 Warners Bay - 566 The Esplanade - Dwelling house

4.5 New development and growth complement our unique
Objective
character and sense of place, now and into the future
File DA/2552/2022 - D10990268
Author Senior Development Planner - Nicole Sellen
Responsible Manager Development Assessment and Certification - Amy
manager Regado
Address 566 The Esplanade, Warners Bay
Owner Rita Singh and Tej S Mayer
Applicant Your Home Designs
Executive summary
The application seeks consent for a dwelling house at 566 The Esplanade, Warners Bay.
The development proposes a maximum height of 9.91m, which comprises a 1.41m or 16.58
per cent variation to the maximum height of buildings development standard of 8.5m and as
such, is required to be reported to Council for determination.
Planning Circular PS 20-002 issued by the NSW Department of Planning, Industry and
Environment identifies elected Council as the determining authority for development
applications where a variation to a numerical standard is greater than 10 per cent.
A detailed assessment of the application has been undertaken with the proposal deemed to
meet the objectives of the Lake Macquarie Local Environmental Plan 2014 (LMLEP 2014)
and the Environmental Planning and Assessment Act 1979.
The development application is considered acceptable on merit and is therefore
recommended for approval, subject to conditions of consent.
Recommendation
Council:
A. endorses the development standard variation under clause 4.6 of the Lake
Macquarie Local Environmental Plan 2014, providing a maximum height of 9.91m,
exceeding the 8.5m development standard by 1.41m, or 16.58 per cent, and
B. approves development application DA/2552/2022 for dwelling house at 566 The
Esplanade, Warners Bay.
Discussion
The site is zoned R2 Low Density Residential under the LMLEP 2014 (refer to Figure 1) and
contains a two-storey dwelling house and swimming pool, and native vegetation to the rear.
The site is relatively flat.
Warners Bay - 566 The Esplanade - Dwelling house

The proposal involves demolition of the existing dwelling house and swimming pool, and
construction of a new two-storey dwelling house. The development will remove four small
trees to allow for the new dwelling however retain all vegetation within the rear of the site.
Architectural Plans of the proposal are provided in Attachment 1.
Surrounding properties in the locality are zoned R2 Low Density Residential and are
predominately two-storey in height. To the immediate south of the site is a hotel known as
the Lakeside Motor Inn.
Figure 1 – Location of site, including zoning (site outlined in red)
Height of buildings
Clause 4.3 of the LMLEP 2014 establishes a maximum building height of 8.5m for the site.
The development proposes an overall height of 9.91m, which represents a 16.58 per cent
variation. The variation relates to the roof top lift only.

Figures 2 and 3 below present the area of the roof that will exceed the 8.5m building height.
THE ESPLANADE
Figure 2 – Extent of development above 8.5m height limit
Figure 3 - Footprint of area exceeding the 8.5m height limit
A submission under Clause 4.6 of the LMLEP 2014 was submitted requesting a variation to
the maximum building height outlining:
• The variation represents a small proportion of the dwelling floorspace.
• The finished floor level (FFL) of the dwelling house has been increased to
accommodate the flood planning design requirements of the Lake Macquarie
Development Control Plan 2014. Consequently, this results in the design of the
dwelling house being more elevated to achieve the flood planning level. It is
unreasonable to apply the maximum building height development standard strictly
due to the flooding constraints.
• The variation is positioned in the middle section of the roof form and is not
considered to have a significant or adverse impact on the amenity of any adjoining

land user. The variation is of minor scale, does not impact on views, visual privacy,
overshadowing, or the like, and is not easily visible from the public domain.
Assessment of the proposed building height has been undertaken and it is considered strict
adherence with the height control is unreasonable and unnecessary given the
circumstances.
There are no adverse impacts from the proposed height exceedance, and the development
is consistent with the underlying purpose of the standards. There are sufficient
environmental planning grounds to justify contravening the development standard, and the
development is considered worthy of support when balanced against the benefits from the
development.
Given no adverse impacts arise from the height exceedance, the variation is worthy of
support.
The Clause 4.6 Variation request prepare by the proponent has been provided in Attachment
2.
This report recommends Council approves development application DA/2522/2022 for
dwelling house at 566 The Esplanade, Warners Bay, subject to conditions of consent. This is
recommended as the development is consistent with the objectives of the R2 Low Density
Residential zone, will not have adverse impacts to the amenity of surrounding land uses, and
provides balanced outcomes that achieve a development that is in the public interest.
Should Council determine to refuse the development application, the reasons for refusal
should be noted in the motion for refusal. Alternatively, Council may determine to refer the
development application to the assessing officer to address specific issues identified.

The application was notified in accordance with Council’s Community Participation Plan. No
submissions were received.
During the assessment of the application, advice was sought from relevant departments
within Council, including Tree Management Specialist, Development Engineer and Senior
City Resilience Officer (flooding). Issues raised have been satisfactorily addressed through
the submission of additional information, or conditions of consent.
The development application was referred to Ausgrid, who raised no objection, subject to
inclusion of conditions.
Key considerations
Economic impacts The development will provide employment in construction and

other related industries.
The application has been assessed in detail and deemed
Environment satisfactory under the Environmental Planning and Assessment
Act 1979.
Community consultation has been undertaken in accordance with

Community the Lake Macquarie Community Participation Plan. No
submissions were received.

Civic leadership is shown through Council’s ability to implement
Civic-leadership planning controls, including considering appropriate variation to
the development standard, having considered the merits of the
development.
Financial None.
Risk and insurance The recommendation presents low risk to Council as it has been
subject to detailed consideration by Council officers.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Coastal Management) 2018
Lake Macquarie Development Control Plan 2014
Lake Macquarie Community Engagement Strategy 2022-2024
Attachments
1. Plans - DA/2552/2022 - 566 The Esplanade Warners Bay D11034580
2. Clause 4.6 variation request - DA/2552/2022 - 566 The Esplanade D10902025
Warners Bay

Attachment 1 | Plans - DA/2552/2022 - 566 The Esplanade Warners Bay
PAGE DRAWING
0 COVER
DA.1 INDEX BASIX
DA.2 SITE PLAN
DA.3 GROUND FLOOR
DA.4 FIRST FLOOR PLAN
DA.5 ROOF PLAN/STORMWATER
DA.6 ELEVATIONS
DA.7 ELEVATIONS
DA.8 SECTION
DA.9 SCHEDULES
DA.10 EROSION & SEDIMENT CONTROL PLAN
DA.11 CONCEPT IMAGES
DA.12 SHADOW DIAGRAMS-22/06
DA.13 NOTIFICATION PLAN
SITE
SURVEY BY:
Delfs Lascelles
Ref: 21259 DEVELOPMENT APPLICATION
[email protected]
0407 749 380
NEW RESIDENCE - MAYER
GSPublisherVersion 1285.1.40.93
www.yourhomedesigns.com.au
566 THE ESPLANADE, WARNERS BAY 2282
MEASUREMENTS AT 900
TO BOUNDARY 5.38R
(PARALLEL TO BOUNDARY) SP 32539 5.41R
DEVELOPMENT SUMMARY & 3.94G
3.94G
3.95G 13
DP 240937
SITE ANALYSIS BENCH MARK 1.2
NAIL IN KERB 1.4
SITE CONDITIONS R.L.=0.82 1.0

1.2 98° 57' 05"
0.71 0.8 FIBRE CEMENT

ZONING R2 RESIDENTIAL 96.55
METAL SHED
ACID SULFATE SOILS CLASS 3 1.2
SHED
0.8
R
POOL
TTE
BUSHFIRE PRONE (BAL) NO
E
FILTER
5"
111
20.5
No. 566
AD
201°03'0
1.2
GU
FLOOD PRONE Y - MIN. FFL 2.36
21.67 "
1.0
05
1.4
TWO STOREY
46'
DP 533871
&
MINES SUBSIDENCE NO 1.2
AN
31°
ERB
COASTAL ENVIRONMENT NA/FRONTAGE? RESTRICTIONS?
BRICK &
112
TK
WEATHER-
1.2
SPL
MIN LOT SIZE 450m2
DP 548600
1.0
1.17 FFL
H
A
BOARD POOL
RIG
A
MAX HEIGHT OF BUILDING 8.5m
DWELLING
EE
1,973 m²
UP
1.27 FFL
1.0 METAL ROOF
COUNCIL CALCULATIONS
TH
SITE COVERAGE MAX 50%, ACHIEVED 17% 100.66
1.0
TOTAL GROSS FLOOR SPACE 473m2 1.0
REMOVE TREE 98° 59' 35"

SITE AREA 1973m2 EXISTING DWELLING, DRIVEWAY
14 AND POOL TO BE DEMOLISHED
BUILDING FOOTPRINT 334m2
ROOF AREA 320m2 FIBRE CEMENT
DRIVEWAY AREA 251m2
4.19G
121 SHED
No. 568
DP 546196 METAL ROOF
7.52G
8.45R
PRIVATE OPEN SPACES 24m2 TWO STOREY
LANDSCAPED AREA min 35% = 378m2 BRICK MOTEL
ACHVD METAL ROOF 120
DP 546196
EXISTING SITE PLAN 1:500
No. 564
SINGLE STOREY 5.38R
BRICK UNITS SP 32539 5.41R
TILE ROOF
[email protected]
0407 749 380
3.94G 3.95G
#LayID
#DrgID
3.94G
11,854 9,980 12,000 8,000 1,090 52,639
NEW DRIVEWAY CROSSING
TO COUNCIL REQUIREMENTS 1.2 TREES TO BE REMOVED
SHWN DASHED
1.4
1.2
1.0
BIN STORAGE 98° 57' 05"
R
DA.6
N
1
TTE
0.8 96.55
GU
3,000 1,110
4,470
4,433
ENTRY FEATURE
300
E
OVER DRIVEWAY UNDER DECK

B&
RAINWATER TANK 1.2

AD
05"
1800mm HIGH BOUNDARY WALL

0.8
KER
46'
7
21.6
W01 W03 W01

1
HT
2
31°
350
3
14,059 W01
4
5
RIG
AN
1.2
6
CABANA
1.0
D11
NOTES
4,950
UP
LANDSCAPING W1
IF IN DOUBT, ASK.
1.4
202.42 m2 BUILDER SHOULD CHECK ALL
D05
D11
D11
DIMENSIONS & LEVELS ON SITE PRIOR TO
1.2
D11 CONSTRUCTION.
PLEASE NOTIFY ANY ERRORS,
SPL
112
DISCREPANCIES OR OMISSIONS TO THE
D05
1
DESIGNER.
D09
W09
D05
DRAWINGS SHALL NOT BE USED FOR

CONSTRUCTION UNTIL FINAL ISSUE HAS
BEEN RELEASED & CERTIFIED BY A
FSL 2,275
13,300
STRUCTURAL ENGINEER.
DA.6
1.2
1
WATER
FEATURE
D11 D11
D06 D06 DO NOT SCALE DRAWINGS.
ALL BOUNDARIES, SETOUTS &
EE
DP 548600
1.0
DRIVEWAY
DA.7
CONTOURS ARE SUBJECT TO SURVEY.
WORKBENCH
1
ALWAYS CHECK & CONFIRM ON SITE
VERANDAH
ENTRY
FSL 2,360
250.56 m2 PRIOR TO CONSTRUCTION.
PROPOSED FOOTPRINT
D03
3,900
D01
FEATURE INC GARAGE
1 CPD CUPBOARD
PATH 16
336.93 m2 DN DOWN
9,700
2
TH
1,973 m²
15
DP DOWNPIPE
1
3
14 4 D11
WATER
13 5
DR DRYER
12
GARAGEFSL 1,610 DW DISHWASHER

6
D11
FEATURE 11 7
10
FG FRIDGE
9
8
FFL FINISHED FLOOR LEVEL

D11
1.0
D11
PTY PANTRY
RL RELATIVE LEVEL
D05
S SINK
SHW SHOWER
7,000 T.O.W TOP OF WALL
D02
D08
WC TOILET
WIL WALK IN LINEN
4
WM WASHING MACHINE
W01 W05
W12
3
2
D11
1.0
1
W04 W04
W13
1.0 CLOTHESLINE
1
DA.7
100.66 98° 59' 35"
SETBACK
2,250
2,250
2,000
GROSS FLOOR AREAS

FLOOR AREA m2
EXISTING BOUNDARY FENCE
900
GARAGE 64.4
FIRST 243.7
GROUND 229.3
17,993 2,250 23,570 7,500 49,346 REAR DECK 36.5
VERANDAH 55.1
629.0 m²
121 Client
MAYER
Project Address
DP 546196 566 THE ESPLANADE

WARNERS BAY 2282
7.52G
No. 568
8.45R
LOT 112/DP548600
TWO STOREY Drawing Title:
SITE PLAN
BRICK MOTEL
METAL ROOF 120 Rev.
B1
Date
04/07/2022
Notes
DA
DP 546196
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
Plot Date: 14/02/2023
Job Ref: Page No: Rev
SITE PLAN 1:200 YHD-418 DA.2 B5

LEGEND
WATER RE-USE LINE
WATER OVERFLOW LINE
DOWNPIPE DP
RAINWATER HEAD RH
STORMWATER PIT
ALL ROOF AREAS TO BE CONNECTED TO

BOX GUTTER WITH FALL NOT
OVERFLOW FROM TANK 4000L RAINWATER TANK,
LESS THAN 1:100 AND IN ACCORDANCE
TO CONNECT TO EXISTING AS SPECIFIED BY BASIX AND COUNCIL'S SDI
WITH AS/NZS 3500.3
STREET INFRASTRUCTURE REQUIREMENTS.
DOWNPIPES DISCHARGING INTO

RAINWATER TANK TO BE ADEQUATELY
SCREENED FROM DEBRIS AND VERMIN
PARAPET RH
BOX GUTTER
DP DP
DP DP
ROOF BELOW
LINE OF FLOOR
DP
BELOW
CABANA ROOF BELOW
1° FALL
OUTLINE OF DECK BELOW [email protected]
0407 749 380
DP
2,360
TRAFFICABLE ROOF 1° FALL

AND VIEWING DECK N
ON CONCRETE SLAB STAIR
ACCESS DP
4,661
NOTES
LIFT IF IN DOUBT, ASK.
BUILDER SHOULD CHECK ALL
ACCESS DIMENSIONS & LEVELS ON SITE PRIOR TO
CONSTRUCTION.
DESIGNER.
PARAPET STRUCTURAL ENGINEER.
DO NOT SCALE DRAWINGS.
ROOF BELOW ALL BOUNDARIES, SETOUTS &
GLASS BALUSTRADE ALWAYS CHECK & CONFIRM ON SITE
SLAB GRADED TO FALL DP DP PRIOR TO CONSTRUCTION.
FIXED TO PARAPET
CPD CUPBOARD
DN DOWN
DP DOWNPIPE
DR DRYER
DW DISHWASHER
FG FRIDGE
PTY PANTRY
RL RELATIVE LEVEL
S SINK
SHW SHOWER
T.O.W TOP OF WALL
WC TOILET
WIL WALK IN LINEN
WM WASHING MACHINE
GROSS FLOOR AREAS

FLOOR AREA m2
GARAGE 64.4
FIRST 243.7
GROUND 229.3
REAR DECK 36.5
VERANDAH 55.1
629.0 m²
Client
MAYER
Project Address
566 THE ESPLANADE
WARNERS BAY 2282
LOT 112/DP548600
ROOF & STORMWATER PLAN 1:100 Drawing Title:
ROOF
PLAN/STORMWATER
Rev. Date Notes

B1 04/07/2022 DA
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
Plot Date: 14/02/2023
YHD-418 DA.5 B5
ROOF TERRACE
LIFT ACCESS
FEATURE
300
CONCRETE PLANTER TIMBER BATTENS
CORNER WINDOW
2,250
BUILDING ENVELOPE
1,950
8,660
RIDGE
8,060
CEILING
600
2,700
9,910
5,360
7,050
UPPER
CABANA
3,000
2,785
2,100
CABANA
2,360
GROUND
750
1,610
GARAGE
WATER FEATURE PLANTERS

NATURAL GROUND LINE SHOWN DASHED SLATTED PRIVACY SCREEN RENDERED BRICKWORK
DETAILS TBC, BY OTHERS APPROX 1250mm H
[email protected]
NORTH ELEVATION 1:100 0407 749 380

ROOF TERRACE
LIFT ACCESS
NOTES
IF IN DOUBT, ASK.
FRAMELESS GLASS PANELS W BUILDER SHOULD CHECK ALL
STAINLESS STEEL CONSTRUCTION.
1,202
STIRRUPS SET INTO CONCRETE DISCREPANCIES OR OMISSIONS TO THE
DESIGNER.
2,250
BUILDING ENVELOPE DO NOT SCALE DRAWINGS.
8,660 8,660 ALWAYS CHECK & CONFIRM ON SITE
RH PRIOR TO CONSTRUCTION.
RIDGE RIDGE
8,060 8,060 CPD CUPBOARD
DN DOWN
CEILING CEILING
600
DP DOWNPIPE
DR DRYER
DW DISHWASHER
600mm GLASS BALUSTRADES TO FG FRIDGE
VERTICAL TIMBER CLADDING TOP OF PLANTER, AND TO PTY PANTRY
600
RL RELATIVE LEVEL
2,700
BCA REQUIREMENTS S SINK
SHW SHOWER
T.O.W TOP OF WALL
WC TOILET
WIL WALK IN LINEN
WM WASHING MACHINE
5,360 5,360
650
7,050
UPPER UPPER
300
ENTRY FEATURE OVER GROSS FLOOR AREAS

DRIVEWAY FLOOR AREA m2
3,000
2,010
GARAGE 64.4
3,450
FIRST 243.7
GROUND 229.3
REAR DECK 36.5
VERANDAH 55.1
2,360 2,360
1,390
629.0 m²
GROUND GROUND
750
1,610 1,610 Client
GARAGE GARAGE MAYER

Project Address
566 THE ESPLANADE
NATURAL GROUND LINE SHOWN DASHED ENTRY FEATURE WARNERS BAY 2282
LOT 112/DP548600
Drawing Title:
ELEVATIONS
WEST ELEVATION 1:100 CABANA
Rev. Date Notes
B1 04/07/2022 DA
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
Plot Date: 14/02/2023
YHD-418 DA.6 B5
ROOF TERRACE
LIFT ACCESS
1,400
2,250
TIMBER CLADDING
BUILDING ENVELOPE
PARAPET
600
600
2,700
8,550
2,700
9,300
SOLID BALUSTRADE
7,050
300
300
400
2,700
2,700
750
750
1,347
GARAGE LEVEL
FEATURE STONE CLADDING

NATURAL GROUND LINE SHOWN DASHED SELECTED BRICKWORK
PLANTER AND WATER FEATURE, BY OTHERS
[email protected]
SOUTH ELEVATION 1:100 0407 749 380

MATERIALS N
LIFT SHAFT ACCESS TO ROOFTOP NOTES

IF IN DOUBT, ASK.
CONSTRUCTION.
GLASS BALUSTRADES DESIGNER.
TO BCA REQUIREMENTS
2,250
2,250
BUILDING ENVELOPE BEEN RELEASED & CERTIFIED BY A
FEATURE FEATURE TIMBER LOOK DRY PRESSED BRICKS- ALL BOUNDARIES, SETOUTS &
8,660 8,660
STONE CLADDING ALUMINIUM BATTENED BOWRAL PRIOR TO CONSTRUCTION.
RIDGE RIDGE
8,060 8,060 CLADDING SIMMENTAL SILVER CPD
DN
DP
CUPBOARD
DOWN
DOWNPIPE
CEILING CEILING
600
600
DR DRYER
DW DISHWASHER
FG FRIDGE
TIMBER CLADDING FFL FINISHED FLOOR LEVEL
PTY PANTRY
RL RELATIVE LEVEL
2,700
2,700
S SINK
SHW SHOWER
T.O.W TOP OF WALL
SOLID BALUSTRADE WC TOILET
WIL WALK IN LINEN
1,250
WM WASHING MACHINE
400
5,360 5,360
7,050
UPPER UPPER
300 GROSS FLOOR AREAS
FLOOR AREA m2
3,000
GARAGE 64.4
2,700
FIRST 243.7
3,450
GROUND 229.3
BATTENED ALUMINIUM PAINT: DULUX NATURAL REAR DECK 36.5
VERANDAH 55.1
2,360 2,360 SCREENING WINDOWS WHITE OR SIMILAR 629.0 m²
GROUND GROUND
AND DOORS
750
750
Client
1,610 1,610
MAYER
GARAGE GARAGE Project Address
566 THE ESPLANADE
NATURAL GROUND LINE SHOWN DASHED
ENTRY FEATURE WARNERS BAY 2282
OVER DRIVEWAY LOT 112/DP548600
Drawing Title:
ELEVATIONS
EAST ELEVATION 1:100

Rev. Date Notes
B1 04/07/2022 DA
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
Plot Date: 14/02/2023
YHD-418 DA.7 B5
[email protected]
0407 749 380
FRONT FACADE LIGHTNG

CONCEPT FEATURE ENTRY POOL AND CABANA NOTES
IF IN DOUBT, ASK.
CONSTRUCTION.
DESIGNER.
PRIOR TO CONSTRUCTION.
CPD CUPBOARD
DN DOWN
DP DOWNPIPE
DR DRYER
DW DISHWASHER
FG FRIDGE
PTY PANTRY
RL RELATIVE LEVEL
S SINK
SHW SHOWER
T.O.W TOP OF WALL
WC TOILET
WIL WALK IN LINEN
WM WASHING MACHINE
GROSS FLOOR AREAS

FLOOR AREA m2
GARAGE 64.4
FIRST 243.7
GROUND 229.3
REAR DECK 36.5
VERANDAH 55.1
629.0 m²
Client
MAYER
Project Address
566 THE ESPLANADE
WARNERS BAY 2282
LOT 112/DP548600
Drawing Title:
CONCEPT IMAGES
Rev. Date Notes

B1 04/07/2022 DA
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
STREET VIEW
STREET VIEW
Plot Date: 14/02/2023
YHD-418 DA.11 B5
No. 564
SINGLE STOREY
BRICK UNITS
TILE ROOF
E
DRIVEWAY
AD
AN
SPL
EE
TH
No. 568
TWO STOREY
BRICK MOTEL
METAL ROOF
SHADOWS 9.00 am 1:500
No. 564
SINGLE STOREY
BRICK UNITS
TILE ROOF [email protected]
0407 749 380
E
DRIVEWAY
AD
AN
SPL
EE
TH
N
No. 568
NOTES
TWO STOREY IF IN DOUBT, ASK.
BRICK MOTEL DIMENSIONS & LEVELS ON SITE PRIOR TO
CONSTRUCTION.
METAL ROOF PLEASE NOTIFY ANY ERRORS,
DESIGNER.
SHADOWS 12.00 1:500 CONTOURS ARE SUBJECT TO SURVEY.

PRIOR TO CONSTRUCTION.
CPD CUPBOARD
DN DOWN
DP DOWNPIPE
DR DRYER
DW DISHWASHER
FG FRIDGE
No. 564 PTY PANTRY
SINGLE STOREY RL RELATIVE LEVEL
S SINK
BRICK UNITS SHW SHOWER
T.O.W TOP OF WALL
TILE ROOF WC TOILET
WIL WALK IN LINEN
WM WASHING MACHINE
E
DRIVEWAY
AD
AN
GROSS FLOOR AREAS

FLOOR AREA m2
SPL
GARAGE 64.4
FIRST 243.7
EE
GROUND 229.3
REAR DECK 36.5
TH
VERANDAH 55.1
629.0 m²
Client
MAYER
Project Address
566 THE ESPLANADE
WARNERS BAY 2282
LOT 112/DP548600
Drawing Title:
SHADOW DIAGRAMS-
No. 568 22/06
TWO STOREY
BRICK MOTEL
METAL ROOF Rev. Date Notes
B1 04/07/2022 DA
B2 19/08/2022 DA
B3 03/11/2022 DA
B4 08/11/2022 DA
B5 12/02/2023 DA REV
Plot Date: 14/02/2023
SHADOWS 3.00pm 1:500 YHD-418 DA.12 B5


Attachment 2 | Clause 4.6 variation request - DA/2552/2022 - 566 The Esplanade Warners Bay
16 Nov 2022
Lake Macqurie City Council
Council Administration Building,
126-138 Main Road
SPEERS POINT NSW 2284
RE: Development Application - 566 The Esplanade, WARNERS BAY NSW 2282, LOT 112
DP548600 - Variation to development standards (Clause 4.6)
To whom it may concern,
This letter is an application to Council in regards to seeking a variation to a Development

Standard, specified under Clause 4.6 of the Lake Macquarie Local Environmental Plan 2014, at
the above mentioned property. This letter seeks to vary the following:
1) Maximum Building Height limit (8.5m maximum + 10% variation = 9.35m maximum)
1. Site Details
Address: 566 The Esplanade, Warners Bay NSW 2282
Lot ID: Lot 122 in DP548600
LGA: Lake Macquarie City Council
2. Land Use Zoning
Zoning: R2 Low Density Residential
LEP: Lake Macquarie Local Environmental Plan 2014
3. Objectives of the Zone
• To provide for the housing needs of the community within a low density residential
environment.
• To enable other land uses that provide facilities or services to meet the day to day
needs of residents.
• To encourage development that is sympathetic to the scenic, aesthetic and cultural
heritage qualities of the built and natural environment.

This application seeks to permit a small section of the proposed building (11 sqm footprint) to
exceed the specified height limit in order to construct a lift/stairwell that provides rooftop level
access to persons of the home, or access to a viewing platform (constructed below the
maximum building height provisions). Such a small built feature would largely resemble a large
chimney stack or the like and is not a significant built feature and is small in comparison to the
main proposed building. This variation request still results a single dwelling development on the
site, that is of:
● low density scale, providing residential housing appropriate for the local community, the
location and setting
● The design of the single home is largely compliant with the LEP and DCP design
requirements for setbacks, floor space ratio, landscaping, parking and the main form of
the dwelling is compliant with the height LEP limits, and
● With the variation, is still considered to be sympathetic to the scenic, aesthetic, natural
and built qualities applicable to the site.
Hence the proposal is considered to be consistent with the zone objectives. This variation shall
not contravene the intentions of the proposal and its consistency with the zone objectives.
Land Use Zoning The proposal uses clause 4.6 to seek permission for a 10% variation in the height
limit outlined within the Port Stephens DCP of 9m, to 9.9m maximum. In order to achieve this, the
slope of the main roof has been reduced from 7 degrees to 5 degrees. The rear eave has also
been reduced from 600mm to 35mm from the rear post therefore reducing the overall bulk &
scale.. This will increase the total height from the natural ground line to between 9.787 to 9.9 with
measurements taken from the side boundaries and the rear as shown on the elevations.
4. What is the Development Standard being varied? E.g. FSR, height, lot size
The proposed variation relates to Height of Building.
5. Which Clause is the development standard listed in the Environmental Planning Instrument
(EPI)?
LMLEP 2014, Clause 4.3 Height of Buildings.
Specified height on the height of buildings map is 8.5m above natural ground level for this site.
6. What are the objectives of the development standard?

(1) The objectives of this clause are as follows—

(a) to ensure the height of buildings are appropriate for their location,
(b) to permit building heights that encourage high quality urban form.
7. What is the numeric value of the development standard in the EPI?
8.5m above natural ground level.
8. What is the numeric value of the development standard in the development application?
This application seeks to have a main building height of approx 7.36m above NGL, with the
lift/stairwell access shaft to have a maximum estimated height of 9.910m above NGL. This
exceeds the LEP building height of 8.5m by 1.202m.
9. What is the percentage variation of the proposal?
The lift/stairwell shall have an estimated building height of 9.91m, and is 1.202m above the 8.5m
specified height, seeking a variation percentage of 14.72% above the development standard.
This is for an 11 sqm floor space of the structure and which represents 2.3% of the total building
footprint, and is a small variation request in respect of the whole dwelling proposed. The
proposal is largely compliant with the development standard and is considered a minor
variation in terms of bulk, scale and visual dominance.
10. How is strict compliance with the development standard unreasonable or unnecessary in this
particular case?
The main form of the proposed new dwelling, shal have a maximum height of 7.36m above
natural ground level, and is below the 8.5m building height requirements as shown clearly on the
development drawings. See figures below and red dashed line indicating the LEP building height
limit.

As demonstrated the lift shaft and stairwell built form shall exceed a small section of the building
envelope. The small contravention is in the middle section of the roof form and is not largely or
easily visible from the ground/street level or the public domain and is offset from any adjoining
neighbors and their building envelopes by sufficient distance, and hence does not impact
adversely in terms of views obstruction, solar access, privacy or visual dominance. Hence this

variation is not a dominant feature of the main building or its bulk form, and hence is considered
to be appropriate and suitable for the location, its function and position in relation to other
neighboring development and natural features. The proposal is largely consistent with the
objectives of the land use zone, the maximum building height objectives, flooding planning
controls the DCP development controls and is minimal and minor variation.
This built feature encourages high quality and adaptable urban housing design as per the
objectives of this standard, and can be considered similar to that of a chimney stack or roof
mounted utilities such as aircon or similar ducting and does not contravene the objectives of this
development standard. It is noted, that this height limit is could be lesser exceeded,if not for the
flood planning design requirements involved, and hence the design results in a slightly more
elevated FFL design outcome requirements for the flood planning level which had to be
accommodated in the design for safe and equitable urban design for the location.
In this instance it is considered that strict compliance is not considered to have a significant or
adverse impact as a result of the variation, and is of minor scale/density, does not impact by
terms of views, shadowing or the like and is not easily visible due to the small size of the built
structure and its location in middle section of the main building. Hence, the variation cannot be
considered as unnecessary or unsuitable for the function and location and can be supported on
merit due to the consistency with the standards and zones overall objectives being preserved.
11.How would strict compliance hinder the attainment of the objects specified in Section
1.3(a)& 1.3(c) of the Act.
The objects of this Act are as follows—
(a) to promote the social and economic welfare of the community and a better
environment by the proper management, development and conservation
of the State’s natural and other resources,
(c) to promote the orderly and economic use and development of land,
This variation request does not hinder the attainment of the Council to continue to uphold the
objectives of the EP&A Act, and the proposal if supported on merit is considered to be of social
and economic benefit to the local community, does not adversely impact the natural or built
environment, or the surrounding or nearby natural or other resources, and promotes the orderly
and economic progression of development suitable for the land, its zoning and residential
accommodation use.

11. Are there sufficient environmental or planning grounds to justify contravening the
development standard? What are the details?
It is noted that this height limit could be less exceeded,if not for the flood planning design
requirements involved, and hence the design results in a slightly more elevated FFL design
outcome requirements for the flood planning level which had to be accommodated in the
design for safe and equitable urban design for the location.
In this instance it is considered that strict compliance is not considered to have a significant or
adverse impact as a result of the variation, and is of minor scale/density, does not impact by
terms of views, shadowing or the like and is not easily visible due to the small size of the built
structure and its location in middle section of the main building. Hence, the variation cannot be
considered as unnecessary or unsuitable for the function and location and can be supported on
merit due to the consistency with the standards and zones overall objectives being preserved.
This built feature encourages high quality and adaptable urban housing design as per the
objectives of this standard, and can be considered similar to that of a chimney stack or roof
mounted utilities such as aircon or similar ducting and does not contravene the objectives of this
development standard.
Conclusion
In conclusion, it is consistent with the general expectation for development of the area, and
adaptable housing options and does not compromise the character of the area nor views of
surrounding properties. This development proposes a 14.72% variation leniency for the building
height, for a small proportion of the buildings access shaft, and which has been located to have
minimal impact, minimal visibility from the public domain and is the lower height possible for
building design above the FPL.
On merit it is considered that this application be supported. Therefore, Council’s favorable

consideration of this application is recommended. Please don’t hesitate in contacting us further
if you require any further information.
Kind Regards,
Zoe Pohlmann
YHD | Your Home Designs
0407 749 380

Special Reports of the Director of Organisational Services
Wyee Point - Proposed Acquisition - 23 Keightley Street

23SP029
Key focus area 5. Connected communities

Objective 5.1 Public spaces help connect us with each other
File F2006/00831 - D10989130
Author Property Contracts Officer - Amber Pagett
Responsible Manager Property and Business Development - Elizabeth
manager Lambert
Executive Summary
Council approval is sought to purchase 23 Keightley Street, Wyee Point (Lot 3 Sec H DP
1596) (the land), outlined in red in Attachment 1 for environmental conservation purposes.
The land forms part of the Wyee Point foreshore, which is a prominent visual feature of the
area. Council own some of the surrounding land, as shown in Attachment 2 and purchase of
the land will create a larger, contiguous holding that will benefit future management of the
foreshore.
Agreement has been reached with the current owner for Council to purchase the land, and
funds are available to meet the purchase costs.
Appropriate due diligence has been completed and the purchase is recommended.
Recommendation
Council approves:
A. the purchase of 23 Keightley Street, Wyee Point (Lot 3 Sec H DP 1596), identified
in red in Attachment 1, for the purchase price of $25,000 (excluding any GST), and
B. execution of any documentation, under Common Seal where necessary, and
implementation of any actions required to effect the above recommendation.
Discussion
The land along the Wyee Point foreshore was identified for environmental conservation
purposes during the planning of the adjoining Ramsgate Estate paper subdivision. Council
own some of the surrounding land, as shown in Attachment 2, while FTLR Pty Ltd own the
majority of the remaining properties within this conservation area. FTLR Pty Ltd has agreed
to dedicate most of its land to Council following the development of Ramsgate Estate as part
of a voluntary planning agreement. Acquisition of properties in private ownership is required
to consolidate Council’s holdings in the conservation area and allow for future management
of the area to preserve the site’s conservation values.

The land is one of the last properties in the precinct area to remain in private individual
ownership. It is vacant land with an area of approximately 442.6m², and has limited
development potential.
The owner of the land has approached Council regarding purchase of the land by private
treaty. Negotiations have resulted in the parties agreeing to a purchase price of $25,000
(excluding any GST), with an additional payment of up to $3,000 (excluding any GST) for the
owner’s legal expenses.
Appropriate due diligence has been carried out, including market valuations undertaken by
Council’s valuer. The land will be classified as operational land when the purchase is
complete.
It is recommended Council approves the purchase of 23 Keightley Street, Wyee Point, as
shown in Attachment 1, for the agreed purchase price of $25,000 (excluding any GST), with
an additional payment of up to $3,000 (excluding any GST) for the owner’s legal costs. This
recommendation is supported to consolidate Council’s holdings in the conservation area and
allow for future management of the area to preserve the site’s conservation values.
Not proceeding with the proposal could potentially result in future acquisition at a higher cost
and impact Council’s ability to effectively undertake its environmental conservation works.

Internal consultation has been undertaken with Council’s Asset Management, Financial
Services, Corporate Legal and Environmental Systems departments. No concerns were
raised with the proposal.
Key considerations
Economic impacts None
Purchase of the land will increase Council’s landholdings along
Environment the Wyee Point foreshore. It will also improve environmental
protection and scenic management of the land and surrounding
area.
Community The proposal will assist in ensuring the preservation of important
environmental and scenic assets for the benefit of the community.
The purchase will be consistent with current objectives for the
Civic leadership location, which is to secure the environmental and scenic
management values of the land.
Funding of the purchase will be met from the Open Space
Financial Acquisition Reserve.
Budget has been allocated for the purchase in the 2022-2023
Operational Plan.
Infrastructure None
Risk and insurance None

Land Acquisition (Just Terms Compensation) Act 1991
Acquisition and Divestment of Land Policy
Attachments
1. Site Plan - 23 Keightley Street Wyee Point D10988938
2. Council owned land - 23 Keightley Street Wyee Point D10988961

Attachment 1 | Site Plan - 23 Keightley Street Wyee Point
0 38 76
Generated by: LakeMaps
Meters
Disclaimer: Although every care has been taken in the preparation of these maps, Lake Macquarie City Council accepts no responsibility for any misprints, errors, omissions, inaccuracies in
Date: 22-Feb-23 these maps or damages resulting from the use of this information. ©LMCC, ©NSW-DFSI Spatial Services, ©Nearmap, ©AusImage (SKM/Jacobs) 2007, 2010, 2014, 2016, ©Vekta 2012
Scale 1: 1892 @A4

Attachment 2 | Council owned land - 23 Keightley Street Wyee Point
0 76 151
Generated by: LakeMaps
Meters
Disclaimer: Although every care has been taken in the preparation of these maps, Lake Macquarie City Council accepts no responsibility for any misprints, errors, omissions, inaccuracies in
Date: 22-Feb-23 these maps or damages resulting from the use of this information. ©LMCC, ©NSW-DFSI Spatial Services, ©Nearmap, ©AusImage (SKM/Jacobs) 2007, 2010, 2014, 2016, ©Vekta 2012
Scale 1: 3785 @A4

Additional attendance for the National General Assembly - 13-15
23SP030
June 2023
Key focus area 7. Shared decision-making

7.3 Partnerships between community, government and business
Objective
benefit our city
File F2021/01686/17 - D11029033
Author Council Liaison Support Officer - Angela Lamb
Responsible
Head of Communications and Corporate Strategy - Kate Davies
manager
23SP015 - Attendance and Motions for the National General
Previous items Assembly - 13-15 June 2023 - Ordinary Council - 27 Mar 2023
6.30pm
Executive Summary
This report seeks a determination from Council regarding additional attendance for the 2023
Australian Local Government Association (ALGA) National General Assembly, to be held in
Canberra from 13-15 June 2023.
Recommendation
Council nominates Councillor Colin Grigg to attend the 2023 National General Assembly
of Local Government on 13-15 June 2023 (inclusive), either in person or as a virtual
delegate based on the Councillor’s preference.
Discussion
The National General Assembly (NGA) of Local Government will meet from 13-15 June 2023
(inclusive) in Canberra. It will be held both in person and virtually.
It was resolved on 27 March 2023 for the Mayor Kay Fraser, and Councillors Brian
Adamthwaite, Jack Antcliff, David Belcher and Christine Buckley to attend the NGA.
Councillor Colin Grigg will be an additional attendee.
The event provides an opportunity for councils to develop and discuss policy ideas, influence
the national agenda, meet with key federal politicians and hear from renowned experts on
key issues affecting local government in Australia.
The theme of this year’s NGA is ‘Our Communities, Our Future’. The NGA aims to focus on
how partnerships, particularly between the Australian Government and local government,
can tackle immediate challenges facing communities and confidently face the future.
Expressions of interest for attendance were sought from all Councillors, with responses
received to be considered by Council in accordance with Council’s Payment of Expenses
and Provision of Facilities to Councillors Policy.
Council may determine additional or alternate delegates to attend the NGA, or decline to
nominate any attendees.
Additional attendance for the National General Assembly - 13-15 June 2023
Councillors, Executive and Council’s Financial Services department have been consulted.
Key considerations
Attendance at the NGA will provide an opportunity for Councillors
Economic impacts to engage in and share information at a national level, which may
support the city’s ongoing economic recovery and benefit the
Lake Macquarie economy.
Environment None.
The theme for this year’s NGA is ‘Our Communities, Our Future’.
Community Attendance at the NGA will provide an opportunity for Councillors
to access knowledge for strengthening partnerships with key
stakeholders and the Lake Macquarie community.
The NGA facilitates networking between key agencies,
Civic leadership organisations, other councils and peak bodies in local
government across Australia.
The cost of one Councillor to attend the NGA in person is about
$2500, inclusive of travel, accommodation and registration.
Virtual delegate registration is $689 per Councillor. The Payment
Financial of Expenses and Provision of Facilities to Councillors Policy
provides that Council will pay up to $20,000 for total Council
representation at the NGA each year. These costs are available
in the 2022-2023 budget.
Risk and insurance None.

Payment of Expenses and Provision of Facilities to Councillors Policy
Attachments
Nil
Additional attendance for the National General Assembly - 13-15 June 2023
Special Reports of the Director Built and Natural Assets
Council submission on the proposed Offshore Hunter Renewable

23SP031
Energy Zone

4.2 We have an adaptable, diverse, prosperous and circular
Objective
economy
File F2019/00235/16 - D11041098
Manager Environmental Systems - Karen Partington,
Author
Government Relations Lead - Amy De Lore
Responsible
Manager Environmental Systems - Karen Partington
manager
Executive Summary
On 23 February 2023, the Federal Minister for Climate Change and Energy formally
proposed an area offshore of the Hunter coast for the development of offshore renewable
energy projects. Consultation on the proposed area has commenced and closes on 28 April
2023.
At the General Business Standing Committee meeting held on 11 April 2023, Council
recommended:
Council prepare a submission in relation to the proposed Offshore Hunter Renewable

This report seeks endorsement from Council to submit the attached submission to the
Department of Climate Change, Energy, the Environment and Water (DCCEEW) on the
proposed Offshore Hunter Renewable Energy Zone.
Recommendation
Council endorses the submission at Attachment 1 to the Federal Department of Climate
Change, Energy, the Environment and Water on the proposed Offshore Hunter
Renewable Energy Zone.
Discussion
On 23 February 2023, the Federal Minister for Climate Change and Energy formally
proposed a 2,800sqkm area offshore of the Hunter coast for the development of offshore
renewable energy projects, see Figure 1 below. The proposal seeks to secure this area for
renewable energy projects, most likely wind turbines. The proposed area ranges in proximity
Council submission on the proposed Offshore Hunter Renewable Energy Zone

to the shoreline from 10 to 25 kilometres, however it is difficult to gauge from the information
provided at this stage, how far from the Lake Macquarie coastline it will be at its closest
point.
On 3 April 2023, representatives from the Department of Climate Change, Energy, the
Environment and Water briefed Councillors on the proposal and the timeline for the project.
Subsequently, a request was made at the General Business Standing Committee on 11 April
2023 for staff to prepare a submission regarding the proposal, to be endorsed by Council,
prior to the consultation closing date of 28 April 2023.
The draft submission at Attachment 1 provides the advice of Council staff in relation to the
proposal.
The Australian Government have committed to a number of renewable energy targets to
achieve net zero emissions by 2050. This includes a 43% reduction in emissions, and for
82% of Australia’s electricity to be generated from renewable sources by 2030.
In addition, the NSW Government has released its NSW Electricity Infrastructure Roadmap.
A 20-year plan to transform our electricity system and help coordinate investment in
transmission, generation, storage and firming infrastructure as ageing coal-fired power
plants are retired from 2023. This includes supporting the delivery of new renewable
electricity generation.
The Hunter region is well suited for potential renewable energy projects, particularly offshore
wind, because:
• It has strong, consistent winds;
• It is close to areas of high electricity demand and manufacturing;
• Industry is interested in developing projects in the area; and
• It is close to existing port facilities and transmission infrastructure.
At the General Business Standing Committee meeting held on 11 April 2023, Council
recommended:
Council prepare a submission in relation to the proposed Offshore Hunter Renewable

This report seeks endorsement of the submission in Attachment 1 to the Department of

Climate Change, Energy, the Environment and Water on the proposed Offshore Hunter
Renewable Energy Zone.
Consultation on the proposed area has commenced and closes on 28 April 2023.
In addition to this proposed zone, in December 2022, the State Government formally
declared the Hunter-Central Coast Renewable Energy Zone (REZ). This was due to its
unique features including excellent renewable energy resources, utilisation of existing power
stations, rehabilitated mining land, electricity network infrastructure, port and transport
infrastructure and a skilled workforce.
The REZ promotes this region as having a key role in a renewable energy future, powering
existing industries and supporting economic growth, including emerging technologies.

Figure 1 – Proposed Hunter Offshore Renewable Energy Zone
Council sees both challenges and opportunities in having a declared offshore renewable
infrastructure area off the Hunter coastline, but is largely supportive of the development of a
renewables industry in our region.
Lake Macquarie has a transitioning economy that is shifting away from a traditional reliance
on mining and coal-fired power generation, and renewable energy is a significant opportunity
to create new jobs and workforce skills in an industry that will deliver a sustainable and
secure energy source for the future.
Council also has a proud record of environmental stewardship and places high priority on
balancing the preservation of our unique natural environment with the economic and social
benefits that will be derived from the development of new industries.
Council’s draft submission in Attachment 1 further discusses the challenges and
opportunities of the proposal in greater detail.
On Wednesday 8 March 2023, officers from the DCCEEW provided Council staff with a
briefing session on key details of the proposed area, as well as information about the
consultation and approval processes.
On 3 April 2023, officers from the DCCEEW also briefed Councillors on the proposal and the
timeline for the project.

Council’s submission is being lodged under the DCCEEW’s community consultation
process. Members of the community are also able to make submissions by visiting
Consultation hub | Offshore renewable energy infrastructure area proposal: Pacific Ocean off
Hunter - Climate Change (dcceew.gov.au).
Key considerations
The proposal has significant potential to build the city’s economy
by providing opportunities to replace jobs in declining industries
with skilled, well-paid jobs in a future-focused industry.
Economic impacts Council, in partnership with Dantia, have been actively working to
attract business and industry investment in the city to offset the
decline in traditional resource-based industries such as mining and
thermal power generation.
The proposal supports the development of alternative power
sources that will help Australia meet its emissions reduction
targets, however Council have some concerns about ecological
Environment
and visual impacts of renewable energy infrastructure sited off the
city’s coastline (detailed in Attachment 1). These impacts will need
to be addressed by project proponents as the project evolves.
As outlined above, the opportunities to provide a transition from

declining fossil fuel related industries to future-focused jobs for our
Community region, provides great opportunities for our community to grow and
prosper. However, our community also value our environmental
assets and an assessment on impacts to our environment need to
be considered and addressed by DCCEEW.
By identifying the opportunities and challenges of the proposal in a
Civic leadership transparent way, and lodging a submission based on these issues,
Council shows civic leadership to ensure we promote the needs
and values of our community.
Financial There are no financial risks in lodging a submission on the
proposed Hunter Offshore Renewable Zone.
There are no infrastructure risks in lodging a submission on the
proposed Hunter Offshore Renewable Zone. However, as the
Infrastructure project progresses, any potential impact to Council’s existing or
planned assets will need to be assessed, when connecting
network infrastructure onshore.
Risk and insurance There are no insurance risks in lodging a submission on the
proposed Hunter Offshore Renewable Zone.

NSW Net Zero Plan Stage 1: 2020-2030
Attachments
1. Draft submission - LMCC - Hunter offshore renewable energy D11040996
infrastructure area proposal

Attachment 1 | Draft submission - LMCC - Hunter offshore renewable energy infrastructure area proposal
18 April 2023
THE HON CHRIS BOWEN MP

Minister for Climate Change and Energy
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600
Submitted via portal
Submission: Proposal to declare a Hunter offshore renewable energy

infrastructure area
Introduction
Thank you for the opportunity to comment on the proposal to declare a Hunter offshore
renewable energy infrastructure area (the Proposal).
Lake Macquarie City Council (Council) is the largest local government area by population in
the Hunter region. With a population of 214,000 people, 73,200 jobs and annual economic
output of more than $24.4 billion, Lake Macquarie is an important regional economic driver,
led by a proactive and progressive council committed to fostering a diverse and resilient local
economy.
Lake Macquarie enjoys a strategic location on the NSW east coast just 90 minutes’ drive
from Sydney, situated on major road and rail transport routes and with close proximity to the
international gateways of the Port of Newcastle and Newcastle Airport. The city has a long
history of power generation, mining and manufacturing, with a skilled workforce that can
adapt to new opportunities in developing industries.
Lake Macquarie has a significant interest in the Proposal, as approximately 32 kilometres of
the city’s coastline is directly inshore of the proposed area. Council sees both challenges and
opportunities in having a declared offshore renewable infrastructure area off the Hunter
coastline, but is largely supportive of the development of a renewables industry in the region.
We have a transitioning economy that is shifting away from a traditional reliance on mining
and coal-fired power generation and see renewable energy as a significant opportunity to
create new jobs and workforce skills in an industry that will deliver a sustainable, secure and
reliable energy source for the future.
126 – 138 Main Road T 02 4921 0333

Speers Point NSW 2284 E [email protected]
BOX 1906 HRMC NSW 2310 W lakemac.com.au
ABN: 81 065 027 868

Council also has a proud record of environmental stewardship and places high priority on
balancing the preservation of our unique natural environment with the economic and social
benefits that will be derived from the development of new industries.
Council staff have reviewed the discussion paper and prepared the following submission. It is
based on the assumption that wind turbines are the most likely offshore renewable energy
source to be proposed for the Hunter zone.
Submission
Which of the following best describes your standpoint on the proposed area being
declared for offshore renewable energy?
Council is supportive of the Proposal from the perspective of the potential economic,
investment and job creation opportunities it presents for our city and region, and the energy
security it will provide. From an environmental standpoint, we support the development of
alternative power sources that will help Australia meet its emissions reduction targets, but
have some concerns about ecological and visual impacts and safety implications of
renewable energy infrastructure being sited off the city’s coastline.
The development of a renewable offshore energy industry would seem to be a good fit for the
Hunter region. The Hunter region is well-suited for potential renewable energy projects,
particularly offshore wind for the following reasons:
• It has strong, consistent winds.
• It is close to areas of high electricity demand and manufacturing.
• Industry is interested in developing projects in the area.
• It is close to existing port facilities and transmission infrastructure, including power
stations in southern Lake Macquarie and the northern part of the Central Coast.
The State Government declared a Renewable Energy Zone (REZ) in the Hunter-Central
Coast in December 2022, recognising these unique features, as well as opportunities to
rehabilitate and reuse mining land and the existence of a skilled workforce. The REZ
promotes this region as having a key role in a renewable energy future, powering existing
industries and supporting economic growth, including emerging technologies.
The development of offshore renewable energy is important to national energy security and
the achievement of emissions reductions targets set by both the Australian and NSW
governments. Council supports these objectives. The Australian Government has committed
to net zero emissions by 2050, including 2030 targets of reducing emissions by 43 per cent
and generating 82 per cent of Australia’s electricity from renewable sources. The NSW
Government’s Electricity Infrastructure Roadmap includes a 20-year plan to transform the
state’s electricity system to support the delivery of new renewable electricity generation.
Council is committed to continually exploring options for alternative energy sources, including
a mix of wind and solar, to help transition the Hunter region towards a more sustainable
lifestyle.

Please outline any benefits, issues or concerns related to the environment for offshore
renewable energy projects in this proposed area.
As prefaced in the previous response, Council sees significant environmental benefits in the
development of arenewable energy industry, specifically its potential role in transitioning
national energy supply away from fossil fuels and towards more sustainable power sources
that will reduce carbon emissions.
Council believes the Federal Government should undertake detailed assessment of potential
ecological impacts, and outline how appropriate avoidance, mitigation and monitoring
strategies should be implemented. This should be undertaken before any projects are
submitted for approval to guide the development and assessment of such projects.
Potential ecological impacts of concern include:
• Primary and secondary entanglement with wildlife on mooring lines or inter-array
cables
• Behavioural modification and/or displacement of cetaceans, other marine mammals,
shore-birds, sea-birds, fish, sharks, rays or marine reptiles
• Seabird, shorebird, or bat impacts from turbine blade strikes or pressure changes
• Vessel collision with marine fauna
• Benthic habitat degradation (for example, scour from anchors or inter-array cables)
• Acoustic impacts on aquatic and bird species
• Impacts of artificial light on fauna (particularly migratory shorebirds and sea turtles)
• Impacts of artificial sound on fauna (including behavioural modification and/or
displacement)
• Electromagnetic impacts on fauna (including behavioural modification and/or
displacement)
• Impacts on the nearshore and terrestrial environments from land-sea infrastructure
connections
• Exacerbation of the relevant ecological impacts listed, due to the installation and
operation of the proposed renewable energy facility in addition to shipping
movements associated with the operation of one of Australia’s busiest ports.
Please outline any benefits, issues or concerns related to onshore transmission, or

the community such as traditional land ownership, the local economy or tourism
sector for offshore renewable energy projects in this proposed area.
1. Economic impact
The potential impact to the city economy of the development of a renewable energy industry
based in the Hunter would be significant and is regarded as a positive opportunity to replace
jobs in declining industries with skilled, well-paid jobs in a future-focused industry. Council
and its independent economic development company, Dantia, have been actively working to
attract business and industry investment in the city that will offset the decline in traditional
resource-based industries such as mining and thermal power generation. Council estimates

that these two industry sectors alone provide more than 2000 direct jobs in Lake Macquarie,
with the scheduled closure of the Eraring Power Station in 2025 set to make an immediate
detrimental impact on those numbers. Eraring has more than 400 permanent workers, and
many more contractors, and the two mines that supply it employ more than 700 people.
The jobs that will be created by a regionally based offshore renewable energy industry will
help diversify our city economy and make it more resilient to change. The decline in fossil-
fuel-related industries has also had an adverse impact on Lake Macquarie’s traditionally
strong manufacturing industry. While manufacturing remains the second-highest industry in
the LGA in terms of economic output ($3.1billion pa) and sixth highest for employment
(supporting 3,672 jobs), 2016 and 2021 census data shows a continued decline in the
number of manufacturing jobs in the city. The establishment of an industry supplying parts
and componentry for offshore turbines and associated infrastructure would create new
markets for manufacturing in Lake Macquarie and the Hunter region, and an opportunity to
harness and build on existing workforce skills. It would also support employment in fields
relating to training or re-training of workers, and the supply of materials.
Lake Macquarie has a growing Professional, Scientific and Technical Services industry
(3,534 jobs and $1 billion output) which could provide scientific research, engineering,
architectural, surveying and mapping skills, among others, to support a future offshore
renewable energy industry.
2. Infrastructure
Future renewable energy generation projects will need to connect into the existing electricity
transmission network, which will require access points on land. Project proponents have
already indicated that they would consider connection points within the Lake Macquarie
Local Government Area. Council will need to be involved in approving, and potentially
identifying, appropriate sites for connection to the transmission network and will need
adequate information about the health and safety implications of this infrastructure for nearby
communities, as well as any impacts on the amenity of the surrounding areas. For instance,
will areas of the coastline be quarantined from public access as a result of onshore
infrastructure? Given the early phase of the Proposal, there is currently limited detail
available to councils to understand the impact of such infrastructure connection points and
the associated planning pathways for potential offshore renewable energy projects.
3. Traditional land ownership
The Bahtabah Local Aboriginal Land Council is the main traditional land owner along the
eastern side of Lake Macquarie and has ownership of coastal lands in this area. The
Department of Climate Change, Energy, the Environment and Water should consult with the
Bahtabah and neighbouring Awabakal land councils to determine potential impacts of the
Proposal on their lands.
4. Tourism
The Proposal has potential implications for tourism operators who work on or over the ocean
off the Lake Macquarie coastline, including charter boats, Jet Buzz offshore boat tours and
the adventure aircraft that fly out of Lake Macquarie Airport at Belmont. The Proposal could
have an impact on these operations, particularly in areas where the proposed offshore zone
is closer to shore. While the proposed area ranges in proximity to the shoreline from 10 to 25

kilometres, it is difficult to gauge from the information provided at this stage how far from the
Lake Macquarie coastline it will be at its closest point.
The visual impact of the offshore renewable energy infrastructure could also affect visitor
perception of Lake Macquarie, as the city’s tourism narrative relies strongly on the promotion
of its pristine environment. Having visible man-made structures off its coastline would
undermine this image, even if the environmental impacts are minimal. Council is also working
to increase visitation opportunities for large offshore vessels, such as super yachts, so would
want to ensure that renewable energy infrastructure is located far enough offshore that it will
not limit the passage of these vessels or the activities of offshore tourism operators.
Please outline any benefits, issues or concerns related to recreational or commercial

fishing for offshore renewable energy projects in this proposed area.
There is both commercial and recreational fishing in waters off the Lake Macquarie coastline,
but Council does not regulate these activities. We recommend that the Department of
Climate Change, Energy, the Environment and Water consult with local fishing clubs and
industry representatives to determine potential impacts of the Proposal on their activities.
Please outline any concerns or regard for the visual impact of potential offshore
renewable energy projects in this proposed area and any suggestions on how to
manage the visual impact.
It is Council’s preference that infrastructure is sited at least 25 kilometres from the city
coastline to minimise visual impact. The visual amenity of the Lake Macquarie coastline is
highly valued by the local community. Council requests that prior to granting approvals, the
Federal Government undertake detailed assessment of visual impacts. This assessment
should include consideration of day and night visual impacts which indicate the predicated
level of visual impact from prominent locations along the Lake Macquarie coastline
(particularly headland locations at Dudley, Redhead, Swansea Heads, Caves Beach and
Catherine Hill Bay).
Please outline any other benefits, issues or concerns you have regarding offshore
renewable energy projects in this proposed area, which have not been raised above.
Council notes that consideration has already been given, in the design of the proposed area,
to accommodating the needs of Newcastle Airport and the Port of Newcastle, however there
is also potential conflict with the activities of Lake Macquarie Airport. The airport currently
supports recreational and tourism activities, with aerobatic rides, skydiving, aviation charters,
helicopter flights and light/microlight aircraft operating from the airport. The operators are
investigating the prospect of flying larger, commuter aircraft in and out of the airport, which
could increase the airspace required around it. Council recommends the Department of
Climate Change, Energy, the Environment and Water consult with the operators of Lake
Macquarie Airport to determine potential impacts of the Proposal on their current and future
activities.

Conclusion
Council is broadly supportive of the development of an offshore renewable energy zone in
the Hunter, recognising the national and global imperative to shift to more sustainable
sources of energy generation, the suitability of the region for this type of industry and the
potential economic benefits it could provide for our city and region. However, we have
concerns about potential ecological and visual impacts, effects on tourism, boating and
aviation, the safety of offshore and onshore infrastructure, proximity of the closer sections of
the proposed zone to the city coastline and the potential alienation of coastal land due to
infrastructure associated with offshore renewable energy generation.
Council and our community would need to be provided with more information about these
impacts, and better understand the planning pathways for future projects, before being able
to commit full support for the Proposal.
In addition, Council recommends direct engagement with key stakeholders in our city
including:
• Bahtabah and Awabakal Aboriginal land councils
• Operators of Lake Macquarie Airport
• Fishing clubs and industry representatives
• Tourism operators who operate on or over offshore waters.
Council would like to remain engaged in consultation on the Proposal, with the opportunity to
provide further input as more information on impacts and benefits becomes available.
Council appreciates the opportunity to provide this feedback. Should you require further
information on this submission, please contact Karen Partington, Manager Environmental
Systems, on 02 4921 0230 or at [email protected].
Yours sincerely,
Morven Cameron
Chief Executive Officer

Reports of Recommendation Committees
23SP032 Traffic Facilities and Road Safety Committee
Key focus area 3. Mobility and accessibility

3.1 It is safer and easier to get around our city to connect with
Objective
others
File F2022/02253/01/04 - D11016253
Author Customer and Administration Officer - Erin Mann
Responsible
Manager Assets Management - Helen Plummer
manager
Executive Summary
This report considers the recommendation from the Traffic Facilities and Road Safety
Committee meeting held on 4 April 2023.
Recommendation
Council approve the traffic control devices associated with the construction of a High
Pedestrian Activity Area at Lake Street and South Street, Windale 23TFC003.
Discussion
The purpose of the Lake Macquarie Traffic Facilities and Road Safety Committee is to
investigate and make recommendations to Council related to prescribed traffic control
devices and traffic control facilities for which Council has delegated authority.The committee
met on 4 April 2023 to discuss the matter associated with the signage and line marking plan
associated with the construction of a high pedestrian activity area at Lake Street and South
Street, Windale.
Details of the matter can be found in Attachment 1.
The matter has been considered by road safety and transport experts from Council,
Transport for NSW and NSW Police. The matter is fully funded and provided within the
2022-2023 Traffic Facilities component of the High Pedestrian Activity Area (HPAA) Speed
Management Program Grant.
It is recommended Council approve the item. Alternatively, Council may determine to refer a
matter back to the Traffic Facilities and Road Safety Committee to address specific issues.

The following voting committee members attended the committee meeting on 4 April 2023:
• Transport for NSW representative
Traffic Facilities and Road Safety Committee

• Infrastructure Asset Strategy Coordinator (Council).
• Councillor Buckley.
A record of how each voting member voted on the item can be found in Attachment 1.
Key considerations
The recommendations of the Traffic Facilities and Road Safety
Committee will improve overall accessibility by improving
businesses’ ability to provide goods and services, and people's
Economic impacts ability to access education, employment and services. The
recommendations reduce transportation costs including travel
time, vehicle operating costs, accidents and pollution damages.
These benefits will increase economic productivity and
development in the city.
The Traffic Facilities and Road Safety Committee has a
significant role in contributing to a more environmentally
sustainable transport network. It does this by providing
recommendations to promote travel that is more effective in
moving large numbers of people, compared with private car use,
Environment and by encouraging a shift to walking, cycling and public
transport, which are some of the lowest producers of greenhouse
gas per person per kilometre.
The recommendations encourage more people out of their cars
by making walking, cycling and public transport more attractive
options via improved infrastructure and a safer transport network
that better caters to community needs.
The Traffic Facilities and Road Safety Committee has a
Community significant role in contributing to a more accessible transport
network. The recommendations improve community cohesion by
increasing transport network safety and network efficiency.
The Traffic Facilities and Road Safety Committee makes formal
recommendations to Council on matters of strategic priority for
Civic leadership Lake Macquarie City. Considering the recommendations of this
committee helps Council make informed decisions on traffic and
road safety matters.
Funded and provided within the 2022-2023 Traffic Facilities
Financial component of the High Pedestrian Activity Area (HPAA) Speed
Management Program Grant.
The recommendations will result in delivery and ongoing
Infrastructure maintenance of a range of transport related infrastructure, such
as pedestrian facilities, intersections, signage and line marking.
Risk and insurance None

Local Government (General) Regulation 2021
Transport Administration Act 1988
Road Transport (Safety and Traffic Management) Act 1999
Road Transport (Safety and Traffic Management) Regulation 1999
Attachments
1. Attachment - Traffic Facilities and Road Safety Committee Meeting - D11016663
April 2023

Attachment 1 | Attachment - Traffic Facilities and Road Safety Committee Meeting - April 2023
Recommendations of the Traffic Facilities and Road Safety Committee – 4 April 2023
A) Ward Location Report by
23TFC003 East Ward Windale - Lake Street - high Traffic Engineer Assets
pedestrian activity area Strategy - Tim Mitchell
Proposal
Lake Street and South Street, Windale are local collector roads that carry significant
vehicle traffic volumes associated with residences, retail facilities and a bowling club.
Lake Street provides a link between Pacific Highway and Violet Town Road.
Due to the high pedestrian activity at the Windale local centre, a 40kph high pedestrian
activity area (HPAA) with associated speed reduction treatments, is considered
appropriate. It is envisaged that the introduction of a HPAA would improve pedestrian
safety and lower vehicle speeds in the area.
The plans include:
• a raised pedestrian crossing
• road cushions with pedestrian fencing
• signage and line marking.
Plans have been submitted for Committee review. Council Officers have reviewed the
plans against the relevant Roads and Maritime Service technical directions, guides and
Australian standards. Officers consider the plans to be appropriate.
Council Officers concur with the plans as presented. Officers recommend approval of
the plan.
Consultation
Consultation has been undertaken with the local community. One response was
received in support of the HPAA.
Recommendation
Approve the signage and line marking plan associated with the construction of a High
Pedestrian activity Area at Lake Street and South Street, Windale, 23TFC023
Voting record
Voting member Support Object
Council staff Update after the meeting
Transport for NSW
NSW Police
Councillor
Member of Parliament



Inspection Reports
23SP012 - Council site inspection - Wyee Point - Ramsgate

23SP033
Estate - Consolidation and subdivision

4.5 New development and growth complement our unique
Objective
character and sense of place, now and into the future
File DA/1430/2018 - D11027840
Author Section Manager - Development Engineering - David Pavitt
Responsible Manager Development Assessment and Certification - Amy
manager Regado
Location Saddlers Way, Wyee Point
Applicant Travers Environmental
FTLR Pty Ltd, Lake Macquarie City Council and other private
Owner
land owners
Inspection date and
Thursday 13 April 2023 - 4:30pm
time
23SP012 - Wyee Point - Ramsgate Estate - Consolidation and
Previous items subdivision - Ordinary Council - 27 Mar 2023 6.30pm
Inspection Committee (Councillors present):

Councillors Fraser (Mayor), Bishop, Conroy, and Warner.
Apologies
Councillors Cubis, Jones, Adamthwaite, Shultz, Pauling, and Antcliff.
Others present
• David Antcliff, Director Development, Planning and Regulation
• Amy Regado, Manager Development Assessment and Certification
• David Pavitt, Section Manager Development Engineering
• Glen Mathews, Section Manager Development
• Michael Corrigan, Section Manager Building
• Approximately 30 local residents and other interested parties, including the applicant
23SP012 - Council site inspection - Wyee Point - Ramsgate Estate - Consolidation and subdivision
Recommendation
Council approves the development application, DA/1430/2018, for consolidation, three lot
subdivision and two road reserves, subject to conditions of consent.
Discussion
The meeting was opened at approximately 4:30pm by the Mayor.
No conflicts of interest were noted.
The Mayor provided a brief background and overview of the development. Council officers
also provided an overview of the development application.
The following matters were discussed:
• traffic impacts and proposed road access
• biodiversity impacts
• bushfire.
The meeting was closed at approximately 5:15pm.
Attachments
Nil.
23SP012 - Council site inspection - Wyee Point - Ramsgate Estate - Consolidation and subdivision
23GB006 - Council Site Inspection of Edgeworth Memorial
23SP034
Neighbourhood Centre - 1 Minmi Road Edgeworth
Key focus area 3. Mobility and accessibility

3.1 It is safer and easier to get around our city to connect with
Objective
others
File F2023/00150 - D11030605
Author Manager Community Partnerships - Andrew Bryant
Responsible
Manager Community Partnerships - Andrew Bryant
manager
Location 1 Minmi Road Edgeworth
Applicant N/A
Owner N/A
Inspection date and
Thursday 30 March 2023 – 5-5.45pm
time
Inspection Committee (Councillors present):

Councillors Adamthwaite, Conroy, and Bishop
Apologies
Others present
Mr Andrew Bryant – Manager Community Partnerships
Ms Jennifer Linton-Webb – Community Planner Ageing & Disability
Mr Robert Morris – Infrastructure Assets Strategy Coordinator
Manager and members of the Edgeworth Memorial Neighbourhood Centre board
Recommendation
Council:
A. provides information to Councillors by memo in relation to the facility’s fire safety
compliance
B. notes that the facility is listed on the asset replacement program in 2025-2026 for
disability access upgrades to the amenities and main building entrance, and works
with the centre’s committee to identify suitable external grant programs
C. investigates methods of improving authorised access to the car park
Discussion
The meeting was opened at 5:00pm by Councillor Adamthwaite.
23GB006 - Council Site Inspection of Edgeworth Memorial Neighbourhood Centre - 1 Minmi Road Edgeworth
No conflicts of interest were declared.
Edgeworth Memorial Neighbourhood Centre (EMNC) representatives gave some
background including difficulties with past renovations, the impact of these and COVID
lockdowns on the centre’s operations, disability access throughout the building, fire safety
compliance, and unauthorised use of the centre’s car park.
Potential solutions to the car parking were discussed, including signage, compliance
measures, and communication to local stakeholders. As a lessee of a Council-owned
building, the EMNC has responsibility for some of the items raised – these will be
investigated and communicated with EMNC representatives. Council receives annual fire
safety certification on all Council-owned buildings and all completed works are compliant
with relevant building codes. The amenities and access upgrades listed for 2025-2026 were
also discussed with further consultation with EMNC to occur at the detailed design stage.
Councillor Adamthwaite closed the discussion at 5.45pm.
Attachments
Nil.
23GB006 - Council Site Inspection of Edgeworth Memorial Neighbourhood Centre - 1 Minmi Road Edgeworth
Matters Referred
23SP035 Adoption of Aquatic Facilities Strategy
Key focus area 2. Lifestyle and wellbeing

Objective 5.1 Public spaces help connect us with each other
File PM21/0093/10 - D11020122
Author Community Land Planner (Open Space) - Donna Mitchell
Responsible
Manager Assets Management - Helen Plummer
manager
22BNA009 - Adoption of Aquatic Facilities Strategy - Built and
Previous items
Natural Assets Standing Committee - 05 Dec 2022 6.30pm
Executive Summary
At the meeting held 5 December 2022, Council resolved to defer the adoption of the draft
Aquatic Facilities Strategy pending a Councillor workshop. The workshop has been
undertaken which allowed further discussion on key elements of the plan. This report
presents the outcomes of the public exhibition, Councillor workshop, proposed amendments
and seeks adoption of the strategy.
Recommendation
Council:
A. adopts the Aquatic Facilities Strategy 2022 (Attachment 1) and the supporting
documents (Attachments 2-4),
B. notes the public exhibition submissions and responses (Attachment 5), and
C. notifies those who made a submission during public exhibition of Council’s
decision.
Discussion
Council owns six swimming centres throughout the city. The draft Aquatic Facilities Strategy
is a 20-year strategic framework to guide future provision and development of Council
aquatic facilities.
The draft Aquatic Facilities Strategy considers community aspirations and needs, aquatic
and leisure facility usage trends and the key components that contribute to successful
contemporary aquatic & leisure facility provision. The draft strategy aims to ensure that
development integrates and aligns with Council’s 10-year Asset Management Plan, Long-
Term Financial Plan and Development Contribution Plans, and delivers achievable
outcomes with improved community benefits.
Adoption of Aquatic Facilities Strategy

The draft Aquatic Facilities Strategy is supported by three documents:
• Background Report (Attachment 2)
• Engagement Report (Attachment 3)
• Options Analysis Report (Attachment 4)
Similar to other recreation and infrastructure strategies adopted by Council, the draft
Aquatic Facilities Strategy proposes to classify facilities in a Facility Network Hierarchy, and
identifies priorities for implementation.
City-wide facility
The city-wide facility services the entire city catchment, incorporating high quality and
high capacity indoor and outdoor swimming facilities, as well as health and wellness
facilities, with enhanced support/commercial facilities and cafe/retail opportunities to
improve secondary spend.
The strategy identifies Speers Point Swim Centre as the city-wide facility. Well located
with a strong population catchment and public transport connections, there is available
land nearby to support the development of new facilities.
District facilities
District facilities service a cluster of communities and suburbs from the area, with a mix
of local training, social use and inter-club competition.
The remaining five centres (Charlestown, Morisset, Swansea, Toronto, West

Wallsend) are identified as district facilities. Proposed improvements include:
• New indoor learn to swim program pools at West Wallsend, Swansea and
Morisset
• Car parking upgrades at Swansea
• Replacing the existing splash pad with water play at Swansea
• Replacing the existing toddler pool with water play at Morisset
• New water play at West Wallsend.
The table below identifies the current and proposed major infrastructure that will be provided
at each swim centre and the proposed major capital infrastructure prioritisation.
The draft Aquatic Facilities Strategy identifies actions and timeframes to achieve these
recommendations. It includes available sources of funds for the key proposed capital

improvements. In addition, the strategy recommends further feasibility and business case
analysis to be completed prior to progressing significant upgrades at Speers Point, Swansea
and Morisset Swim Centres.
The draft Aquatic Facilities Strategy has been informed by a broad consultation process
undertaken over a 12-month period involving internal workshops, meetings with external
stakeholders and community consultation. During the March 2022 phase of community
consultation over 725 comments were received.
Council resolved to exhibit the draft Aquatic facilities Strategy for a period of 28 days in
September 2022. After consideration of the 86 submissions received, the draft Aquatic
Facilities Strategy was presented to Council for adoption at the 5 December 2022 committee
meeting. At that time, Council resolved to defer the report pending a further Councillor
workshop. The outcomes of the public exhibition and Councillor workshop are discussed
further in the Community engagement and internal consultation section of this report.
It is recommended Council adopts the amended Aquatic Facilities Strategy, as it provides a
clear and transparent 20-year strategic framework for the future provision and maintenance
of Councils swimming centres.
Amendments have been made to the draft strategy based on internal feedback, external
submissions received during public exhibition and Councillor workshops. Given the nature of
these amendments, it is considered that re-exhibition of the strategy is not required. It is
proposed Council adopts the strategy as provided at Attachment 1.
Council may choose to not adopt the draft strategy, re-exhibit the draft Strategy including the
amendments or to make further changes. These options are not recommended as the
strategy has been developed in collaboration with the community, key stakeholders and
Councillors, and with consideration of Council’s resourcing capabilities.

The development of the draft strategy was informed by the March 2022 round of community
engagement that included 725 comments. The draft strategy was publicly exhibited for a
period of 28 days from 27 September to 24 October 2022 to provide an opportunity for the
community to provide feedback.
The public exhibition of the draft strategy was promoted through:
• an email to all groups and individuals who had participated in the process to date
advising them of the public exhibition and how to provide feedback
• postcards advertising the draft strategy public exhibition and the Shape Lake Mac project
page at all six swim centres
• the Shape Lake Mac e-newsletter
• social media - 30,288 people reached with 1,931 engagements
During the public exhibition period there were over 1250 visits to the project webpage and
173 downloads/views of the strategy. A total of 86 submissions were received.
The majority of submissions were generally supportive of the draft strategy, with all swim
centres receiving a higher proportion of support for the proposed upgrades. A summary of
submissions and responses received during the public exhibition is included in the
submission table (Attachment 5).

As requested by Council at the 5 December 2022 committee meeting, the adoption of the
draft strategy was deferred to allow for a Councillor workshop. This workshop was held on
20 March 2023.
Based on the public exhibition, the Councillor workshop and further internal review, the
following amendments have been made to the draft strategy;
• Section 4.3 Our Swim Centres Performance – Due to the potential impact of
COVID-19 on the performance of swim centres over the last 2 years, the 2021 CERM
data has been replaced with 2018 data. This allows a more reasonable comparison
of the performance of Council’s Swim Centres with Council performance data being
used from the 2018-19 financial year.
• Section 9.1 Speers Point Swim Centre plan - rewording of one of the Key Facility
Improvements from ‘install fibreglass pool liner 50m, 25m pool’ to ‘install fibreglass
pool liner 50m pool with wet deck, 25m pool’. This allows for a greater depth of the
pool to possibly cater for future water polo activity and competitions.
The major facility improvements at Speers Point Swim centre that were previously
identified as high or low priority have been changed to medium priority. This was
based upon the need for the major facility improvements at Swansea Swim Centre to
be changed to high priority. It would not be feasible from either a financial or
community impact perspective, for both Speers Point and Swansea Swim Centres to
be undertaking major redevelopments concurrently. The previous low priority
improvements at Speers Point have been changed to medium priority to ensure the
new indoor learn to swim pool is provided as a priority. Scheduling all major facility
improvements at Speers Point as a medium priority will provide financial efficiencies,
minimise disruption of service and provides the full suite of facilities for community
use.
• Section 9.4 Swansea Swim Centre plan – The Key Facility Improvements at
Swansea including the provision of a new indoor learn to swim pool, car parking and
splash pad replacement have been changed from a medium priority to a high priority.
Council has recently received a grant through the NSW Stronger Country
Communities program for improvements at Swansea Swim Centre. In order to
ensure these grant funded works will support the future redevelopment of this swim
centre, the broader planning for the site will need to be brought forward. The lack of
indoor learn to swim pools south of Belmont, insufficient car parking to service the
centre and the cost efficiencies of implementing the new facilities at the same time
also underpins the change in priority.
• Section 9.6 West Wallsend Swim Centre plan – Addition of ‘new water play’ within
the Key Facility Improvements at Wallsend. This is consistent with Action 1.3 where
water play has been identified to be provided.
• Inclusion of the following statement to provide clarification on what is meant by
‘transition to year-round operations’ within the Speers Point, Swansea and Morisset
swim centre plan: ‘Year-round access will apply to all indoor pools, with outdoor
pools to be determined by a future operational business case’.
• Inclusion of an additional evaluation outcome to Action 1.3 Plan for the expansion
of West Wallsend Swim Centre. This action has been expanded to include water
play as part of the concept plan and detailed design.
• Inclusion of Action 1.5 Plan for the expansion of Morisset Swim Centre. This
centre is identified to include a new indoor swim pool and water play, and similar to

other swim centres that have major new improvements, requires an action to plan for
these improvements through a business case and masterplan.
• Inclusion of Action 1.6 Review capital work priorities within the Aquatic
Facilities Strategy. This action is a medium priority, and allows for the priorities of
identified capital works to be reassessed with consideration to grant opportunities,
asset condition, external proposal outcomes and broader network provision during
the life of the strategy.
• Inclusion of Action 3.3 Incorporate environmental sustainability initiatives to
decrease water and energy consumption at swim centres. This action is aimed at
aligning future redevelopment activities at swim centres with Council’s Sustainability
Policy and Environmental Sustainability Strategy & Action Plan.
Key considerations
Feasibility studies and business cases for the proposed
improvements at Speers Point, Swansea and Morisset Swim
Economic impacts Centres will be completed prior to commencing detailed design.
This will ensure the forecast benefits are achievable, and the
sustainability of the project from the four requirements of
governance, financial, environmental and social is achieved.
As asset replacement or recommended new infrastructure is
implemented, energy and water efficiency improvements will be
actively sought in areas of water reuse, water heating and water
Environment quality. Additional solar energy initiatives and opportunities will
also be explored. Material reuse, and whole of life outcomes for
products and materials will also be a factor in design selections,
in line with Council’s Circular Economy priorities.
Aquatic facilities promote opportunities for physical activity, social
cohesion and community connectedness. The strategy builds on
the existing aquatic facilities and promotes these prospects
further.
Community The strategy has guiding principles including diversity, equity and
accessibility, sustainable management, quality and health and
lifestyle and wellbeing which support social sustainability. The
strategy aims to provide a suite of facilities that are able to meet
the diverse needs of the community.
The draft Aquatic Facilities Strategy encourages sustainable
governance by providing a clear direction for the improvement of
Civic leadership Council’s aquatic facilities for the next 20 years, facilitating the
delivery of customer-focused infrastructure and services, and
supporting Council to actively advocate for federal and state
funding through grants to achieve this.
High level financial modelling has been undertaken during
development of the strategy to understand the impact of
Financial recommendations on Councils capital and operating budgets.
The majority of the proposed key infrastructure improvements are
timed to occur at the end of asset life, encouraging efficient use
of financial resources.

The strategy includes available sources of funds for the key
proposed capital improvements.
Resources for the upgrade of existing and/or provision of new
infrastructure, ongoing maintenance and supporting actions will
be included in future reviews of the Asset Management Category
Plan so that budget allowances can be incorporated into four-
year Operational Plans and Delivery Programs.
Development Catchment Contribution Plans provide capital
funding for aquatic facilities to support new populations as they
develop. The draft Aquatic Facilities Strategy supports the
projects identified in these plans across the five catchments.
Asset lifecycle modelling has been undertaken for swim centres
to determine asset renewal requirements for on-going provision
of service at current levels. Asset renewal funding has been
allocated in the long-term financial plan to support these asset
renewal requirements.
The recommendations of the strategy align the changes in
Infrastructure service provision to asset renewal requirements, and will result in
the upgrade of Councils aquatic facilities to varying extents with
new indoor learn to swim pools identified for four locations. A
review of the capital works priority, as a medium priority, will
ensure factors including grant funding, asset condition, external
proposal outcomes and broader provision network are considered
in the prioritisation of identified new infrastructure and renewal.
Business cases and feasibility studies will be undertaken prior to
commencing detailed design for major improvements at Speers
Point, Swansea and Morisset Swim Centres. During this stage
concept plans will be developed, to ensure the proposed facilities
are achievable on site. Further financial analysis, assessment on
Risk and insurance impacts, and the feasibility of the facilities will then be
undertaken. This approach will provide a hold point for review
prior to Council committing to implementation.
Due to the age profile of existing swim centres, there is a risk that
unidentified defects may impact intervention or upgrade
timeframes.

Pool Service Delivery Model 2008
Draft Hunter Sport and Active Recreation Plan
Development Catchment Contribution Plans

Attachments
1. Aquatic Facilities Strategy April 2023 Under separate D11031913
cover
2. Aquatic Facilities Strategy - Background Report Under separate D10788359
cover
3. Aquatic Facilities Strategy - Engagement Report Under separate D10653684
cover
4. Aquatic Facilities Strategy - Options Analysis Report Under separate D10788361
cover
5. Draft Aquatic Facilities Strategy - Public Exhibition - D11030051
Submissions Table

Attachment 5 | Draft Aquatic Facilities Strategy - Public Exhibition - Submissions Table
Attachment 5: Summary of submissions received

We received 86 submissions and the themes of these are summarised below
Theme Number of Council response
submissions
General Feedback
Support for the Strategy 9 Noted

Very pleased with the depth and quality of
the review process and professional quality Outcome: No change
of the strategy.
Happy that swim centres will be updated and
maintained for betterment of the community.
Children play facilities 5 Splash zones and water play facilities are identified for Speers Point,
Swansea, Morisset, West Wallsend and Charlestown Swim Centres. It is
Need an aquatic facility that provides more also proposed the Speers Point facility provide adventure water that can
children focused water-based opportunities cater for older children and teenagers. The provision of water play within
and not simply splash pads for kids. parks is outside the scope of the strategy. This suggestion has been
The provision of water play will assist to free provided to Council’s Recreation and Land Planning Team for
up lane space for lap swimmers. consideration.
Need more and better splash zones in pools Outcome: No change

and perhaps within parks too.
Support for learn to swim provision 3 Demand for learn to swim classes has increased within both private and
Council run centres. The strategy aims to build capacity within the swim
Support increased opportunity for learn to school network to meet this ongoing demand.
swim programs due to the difficulty of
securing a booking. Outcome: No change


submissions
Support for all centres to be opened year- 5 As swim centres are upgraded, it is intended for the centres to provide
round year-round indoor learn to swim pools. The ability of seasonal outdoor
pools to operate on a year-round basis will be assessed as part of a future
This initiative is a very good move operational business case.
Outcome: No change
Major Aquatic Facility 1 The Speers Point Swim Centre is identified as the location for the major
aquatic facility in Lake Macquarie. Proposed features include an outdoor
The city needs a major facility that provides 50m pool, indoor warm water program pool and learn to swim pool, water
indoor lap pool, hydrotherapy, splash zone play, adventure water and health and wellness centre. The specific
and swim centre. components will be investigated further at the feasibility and concept
planning stage.
Outcome: No change
Multi-purpose Pools 2 The strategy aims to provide facilities that cater for a diverse range of age
groups. It is important to note that learn to swim pool are not always
The proposed indoor learn to swim pools compatible with other activities such as aqua-aerobics activities. Variable
should be multi-purpose spaces to support depths can provide opportunity for multiple uses, however the capacity and
other uses like aqua aerobics. feasibility of a body of water to accommodate a broad range of programs
Strategy acknowledges high proportion of whilst meeting the specific program demands of the public needs is often
older people but focuses on indoor learn to very challenging. The proposed uses, operational capacity and design of
swim pools rather than multi-purpose indoor the learn to swim pools will be investigated further during the feasibility
heated pools. stage.
Pools should offer a variety of depths for Outcome: No change

different uses, e.g. ability to raise and lower
floors.
Aquatic classes 2 The strategy aims to provide facilities that cater for a diverse range of
activities, programs and age groups. The composition and scheduling of
2


submissions
Support the provision of additional aquatic programs within swim centres is an operational issue and outside the
classes. Benefits include increased physical scope of the strategy. This feedback has been provided to Council’s
and mental health. Leisure Services department for consideration.
Good opportunities for seniors.
Should not be displaced by school swimming Outcome: No change
carnivals, and affecting training and fitness
classes for users, particularly older people.
Aqua fitness not just aqua aerobics, variety
of programs should be offered.
Water polo 1 The re-lining of the outdoor 50m pool at Speers Point Swim Centre is
identified as a Medium priority. During this project, it is proposed to
Need to plan for the growth of water polo incorporate a wet deck that will enable greater depth and the ability to
and provide a pool to accommodate the accommodate competition water polo. It is anticipated that the Hunter
required features and depths suitable for Park aquatic facility will also include an indoor 50m pool to accommodate
water polo competition. competition water polo.
Outcome – Section 9.1 Speers Point Swim Centre plan - rewording of

Key Facility Improvements from ‘install fibreglass pool liner 50m,
25m pool’ to ‘install fibreglass pool liner 50m pool with wet deck, 25m
pool’.
New Swim Centre 1 The strategy has assessed swimming centres throughout the city and has
identified that the existing provision is both sufficient and geographically
A new swim centre is required that offers well distributed. The proposed upgrades will expand the range of
indoor 50m pool, competitive and experiences whilst providing modern facilities capable of meeting the
recreational swimming, diving and learn to needs of the Lake Macquarie community for the next 20 years. The
swim. Proposed this be located near the strategy has identified that based on the population demographics and the
Glendale sports precinct. existing facilities that an additional swim centre is not required.


submissions
Current Council run centres are old and The provision of an indoor 50m pool for high performance swimming, is
outdated being considered for the new Hunter Park (Broadmeadow) aquatic facility.
The Lambton Swim Centre currently provides diving facilities for the
broader region.
Outcome: No change
Indoor warm water/hydrotherapy pools 4 Warm water therapy is currently provided at Toronto swim centre and will
be investigated during the feasibility stage for Speers Point.
Every swim centre should have an indoor
rehabilitation pool. Hydrotherapy pools differ from other warm water program pools based on
More swim centres should have a Australian Safety standards which dictate pool depth, dimensions,
hydrotherapy pool. accessibility and water temperatures. They are less multi-use than many
other warm water pools.
Need a hydrotherapy/rehabilitation pool on
the east side of the lake. NSW Health and private providers currently provide hydrotherapy pools for
health-related purposes within the LGA.
The learn to swim pools could provide for
hydrotherapy/rehabilitation.
Outcome: No change
Equity for all centres 2 The intention of the strategy is for the district swim centres to provide a
diversity of facilities and experiences at each location within the available
Every swim centre should provide indoor and site constraints and financial realities. This is consistent with other
outdoor pools recreation strategies like the Parks and Play Strategy where Council
All local pools should be upgraded before a actively seeks to provide a diversity of experience within the same
city-wide pool is contemplated hierarchy level.
Outcome: No change
Accessibility 2 Action 3.2 of the strategy identifies the need for planning and design of
new/upgraded/replaced assets within the swim centres to incorporate


submissions
Accessibility should be prioritised at all swim accessibility principles for people of all abilities. Specific changes will be
centres for the aging population considered during the design phase for each specific facility.
Open changerooms and showers are easier Outcome: No change
for support disability carers to assist as
disabled changerooms are too small
Modernised support facilities 5 The strategy proposes the modernisation of many of the existing support
facilities within swim centres to be modernised when they are scheduled
Swim centres need to be modernised, for replacement (end of asset life). Specific items such as underfloor
specifically the changerooms, kiosks, and heating and hot water showers will be assessed at the time of
seating. replacement.
New features including underfloor heating in
changerooms, wind shields/breaks, and free Outcome: No change
hot water in all showers should be provided.
Maintenance items 1 Section 9. Our Swim Centre Plan identifies proposed new capital
infrastructure within each centre in addition to asset replacement works.
Maintenance of the pool lining and car park This is aimed at providing a clear picture of all major works to be
resurfacing are important but do not form undertaken at each swim centre. All replacement works will be funded via
part of the strategic document for community Council’s Asset Replacement Program and not Development Contributions
feedback. These structures should be funds.
funded through asset replacement not
developer contributions funding. Outcome: No change
Spa, sauna, steam rooms 1 A health and fitness/wellness centre is proposed to be included within the
redeveloped Speers Point Swim Centre. The specific elements of this
Senior’s need facilities like spa, sauna and facility will be considered further during the development of a business
steam rooms for body exercise and case and further feasibility planning.
relaxation
Outcome: No change


submissions
Swim Coaches 1 This is an operational issue and outside the scope of the strategy. This
Source swim coaches to run year-round feedback has been provided to Council’s Leisure Services department for
swim clubs and surf programs consideration.
Outcome: No change
Energy and Transport Efficiency 1 A new action has been created aimed at aligning future redevelopment
activities at swim centres with Council’s Sustainability Policy and
Strategy does not mention energy efficiency Environmental Sustainability Strategy & Action Plan.
(solar panels) or transport efficiency (shared
pathways) opportunities. The availability of public transport services in addition to the presence of
shared pathway connections and nearby e- bike hire was a key factor in
identifying Speers Point as the location of the city – wide swim centre.
Outcome - Inclusion of Action 3.3 Incorporate environmental

sustainability initiatives to decrease water and energy consumption
at swim centres.
Support for swim walls 1 The inclusion of swim walls for 50m pools within three swim centres has
been identified as a High priority. See Section 9.1, 9.2 and 9.4. As these
Allows for 50m pools to be temporarily 25m are a new proposal within the strategy, funding of these has not yet be
pools. These need a higher priority in the identified, but once the strategy is adopted potential funding sources will
strategy and funding sources identified be explored.
Outcome: No change
Entry Cost 1 This is an operational issue and outside the scope of the strategy. This
Entry cost too high for regular lap swimmers, feedback has been provided to Council’s Leisure Services department for
unless you have Fitness Passport. 50 entry consideration when setting future fee and charges.
access shouldn’t expire within 12 months
Outcome: No change
6


submissions
Swim Centres Advertising 3 Lake Mac Swim Centres are promoted via a new website
(swim.lakemac.com.au) which was launched in July 2022. The website
Improve website to provide information on provides detailed information on services offered at the pools including
opening hours, water temperatures, events, programs, classes, timetables, pricing, events, school carnivals etc.
carnivals and aquatic classes School holiday Program offerings are detailed on the website and across
Advertise opportunities at pool better, Councils social media platforms. A Lake Mac Swim Centre’s brochure is
perhaps flyers with physios also available at some Lake Mac libraries and at swim.lakemac.com.au
Outcome: No change
Lake Swimming pools 1 Council’s Lake Activation Strategy considers the provision of enclosed
swimming areas within the lake. A copy of this strategy is available for
Strategy should also cover lake swimming download at Strategies and plans - Lake Macquarie City Council
pools, not just swimming centres. They
provide significantly more opportunities other The Aquatic Facilities Strategy specifically considers inland swimming
than just swimming, including snorkelling, facilities.
observation of marine life and safe diving
and jumping. Outcome: No change
Many people utilise these lake swimming
pools and these should also be considered
in Council’s plan for upgrading of swimming
pools.
Valentine Hydrotherapy Pool 2 The Valentine Hydrotherapy Pool is owned and operated by Valentine
Hydrotherapy Pools Inc. The land is leased by Council to the operators.
Please keep open, used by many older This strategy has no bearing on the continued operation of this facility by
people Valentine Hydrotherapy Pools Inc.
Outcome: No change


submissions
Speers Point Swim Centre Feedback
Overall support 8 Noted
Fabulous and needed. Support for learn to Outcome: No change
swim pool, year-round access, multiple
pools.
Opposed to city wide facility 4 The strategy identifies the need for the LGA to have one higher level (city-
wide) facility which provides a full complement of wet and dry facilities.
A city-wide facility located at Speers Point is Speers Point swim centre has been chosen due to its central location
a waste of money. The site is already too within the LGA, large 15-minute drive population catchment, proximity to
busy with traffic. public and active transport services and connections. There is also
Sea level rise may affect this pool being so available land within the footprint to support the development of new
close to the lake. facilities.
Other pools should be upgraded equally Action 4.7 of the strategy recommends staff liaise with Transport NSW on
before this occurs, e.g. all should have the potential upgrade of Park Rd and The Esplanade and incorporate the
indoor and outdoor pools. outcomes into the feasibility investigations for the proposed swim centre.
This action also includes negotiations to increase public transport options
to Speers Point through increased stops at Cockle Creek train station and
increased bus services.
The implications of sea level rise on the Speers Point Swim Centre has
been investigated with the current floor level above the 1% flood level. Any
future redevelopment of the site would aim to achieve a higher floor level
to ensure higher sea level rise is further mitigated.
A diverse range of improvements are proposed at the five district centres
over the life of the strategy. The timing of all centre upgrades has been
carefully considered on specific location requirements, funding availability,
external influences and financial viability.
Outcome: No change


submissions
Opposed to 25m pool decommission 2 The decommissioning of the 25m pool at Speers Point swim centre is
required in order to provide the space for the proposed indoor learn to
The 25m pool offers ideal size and depth for swim pool, warm water program pool, larger kids splash zone and
younger children. Support splash pad adventure water. The activities of the current 25m pool will be catered with
improvement but not at expense of the 25m the new water bodies at this centre.
pool.
Don’t believe new indoor learn to swim pool
will offer same opportunity for simple water Outcome: No change
play.
Removing the 25m will place pressure on the
main pool.
More fun and engaging opportunities 1 The proposed works for Speers Point does identify a large water play zone
required and adventure water for older children and teenagers. The specific
elements will be determined at the detailed design stage.
This swim centre needs slides.
Outcome: No change
Traffic Management 3 Action 4.7 of the strategy recommends Council liaise with Transport NSW
on the potential upgrade of Park Rd and The Esplanade and incorporate
Concern upgrades will congest the the outcomes into the feasibility investigations for the proposed swim
surrounding roads even more, particularly centre. This action also includes negotiations to increase public transport
five islands road. options to Speers Point through increased stops at Cockle Creek train
Suggestion for new entrance or signalling at station and increased bus services
peak times
Suggestion for access to football facility from Outcome: No change
Creek road not main access point
Gym/Fitness Centre 1 The incorporation of a gym within a comprehensive both wet and dry
aquatic facility increases both the range of offerings within one location
9


submissions
Not required as other private facilities whilst providing another income generating opportunity. This approach is
available consistent with many similar facilities constructed by local government
authorities in recent years.
Outcome: No change
Swansea Swim Centre Feedback
Overall support 28 Noted
Supports the overall proposed upgrades, Outcome: No change
needs to be done as soon as possible.
Support for year-round opening, new indoor
learn to swim, upgrade of water play,
modernised facilities and off-street car park
provision.
Additional pool will reduce congestion in 50m
pool.
Extend current season 1 This is an operational issue and outside the scope of the strategy.
Would like Council to extend the season This feedback has been provided to Council’s Leisure Services
from August to April in the interim to the department for consideration.
facility being upgraded and opening year-
round Outcome: No change
Support for new indoor learn to swim 4 Noted
pool
Outcome: No change
An additional pool would reduce the
congestion within the 50m pool.
10


submissions
New Indoor learn to swim/additional 11 The strategy aims to provide for a full range of age groups. It is important
pools to note that specification for a learn to swim pool vs aqua-aerobics are not
always compatible. The design of the learn to swim pool will have impact
An indoor 25m pool could serve both learn to on the opportunity for other uses, as will the capacity for programming.
swim and indoor pool for competitive
swimmers to train and compete Variable depths can provide opportunity for multi-uses, but the capacity for
all users within available operating hours will determine if this is feasible.
Should be able to be used for rehab and
aqua aerobics and include a ramp NSW Health and private providers currently provide hydrotherapy pools for
health-related purposes within the LGA. Council proposes to provide
Need hydrotherapy pool at this location separated warm water pools at Toronto and Speers Point.
Growing surrounding population requires The proposed multi-uses, capacity and design of the learn to swim pools
upgrade for diversity of users. will be determined at the concept and feasibility stage.
Outcome: No change
Traffic movements 1 Any traffic mitigation measures will be assessed during the detailed design
Require pedestrian crossing and speed phase of the project.
humps to provide safe pedestrian access
and to slow down vehicles driving in the Outcome: No change
roads along the Swim Centre.
Competition use 1 Swimming NSW and their regional affiliates provide competitions for
Establish competitive club here. registered clubs within the Lake Macquarie area, including Swansea Swim
Centre.
Hold competitions to improve squad
participation and boost local economy and
tourism. Outcome: No change
11


submissions
Learn to Swim Teachers 1 This is an operational issue and outside the scope of the strategy.
Recruit knowledgeable teachers to improve This feedback has been provided to Council’s Leisure Services
program department for consideration.
Outcome: No change
Existing outdoor heated pool 4 The strategy does not recommend the enclosure of the outdoor heated
Enclose to allow elderly and disability use pool, but does recommend the inclusion of an indoor learn to swim pool
year-round that can also be used for warm water use when not in use by learn to swim
classes. The decision on retaining this pool will be made during the
Replace and extend wind break asap feasibility and business case stage of the project.
Retain even with new indoor pool Wind break feedback for the program pool has been referred to the Asset
Management department.
The request for a wind break has been forwarded to Council’s Leisure
Services department for consideration.
Outcome: No change
Upgrade funding 1 The North Wallarah and the Belmont Catchment Development
Are there developer contributions for the Contribution Plan have identified funding for the upgrade of Swansea
proposed upgrade? Swim Centre.
Outcome: No Change
12


submissions
Charlestown Swim Centre Feedback

Support for Charlestown Swim Centre 1 Noted
improvements
Outcome: No change
Swim wall 1 The proposed swim walls will permit the pool to be used as either 50m or
Please ensure the pool walls are removable 25m pools, dependent upon programming needs.
and the 50m pool can still be used as a 50m
pool. Outcome: No change
Café/kiosk 2 The strategy proposes the modernisation of many of the existing support
facilities within swim centres to be modernised when they are scheduled
Needs updating and provision of seating for replacement (end of asset life). Specific design requirements will be
asap to service the community. considered at the time of replacement.
It should also be able to service people
located outside of the building as a way to
increase revenue
Outcome: No change
Car park 1 This is an operational issue and outside the scope of the strategy.
Needs re-sealing due to large potholes This feedback has been provided to Council’s City Works department for
consideration.
Outcome: No change
Gym 1 Research undertaken during the development of the strategy did not
identify a need for a gym within the Charlestown Swim Centre.
13


submissions
Provide a gym to subsidise the cost for Charlestown is identified as a district facility along with Swansea, Morisset,
swimmers West Wallsend and Toronto, with no district facility being recommended for
gym facilities. Speers Point Swim Centre is identified as the City-wide
centre that may include a gym facility as part of the health and fitness
centre, pending feasibility and business case work to be completed.
Outcome: No change
Fibreglass lining 1 This is an operational issue and outside the scope of the strategy.
Recent 25m pool upgrade with fibreglass This feedback has been provided to Council’s Asset Management
lining has made the surface to slippery for department for consideration during future pool improvement works.
son with severe epilepsy. He has slipped
during a seizure and had to be taken to Outcome: No change
hospital. As a result, he can now only use
50m pool. Please don’t use fibreglass liner in
this pool.
West Wallsend Swim Centre Feedback

Support for new indoor learn to swim 7 The dimensions of the new indoor learn to swim pool will be considered
pool during detailed design. Factors including available space and cost will
need to be considered.
The new pool must be 15m in length, not
12m due to the high learn to swim numbers Outcome: No change
and the growing surrounding population.
14


submissions
Car Park 1 The provision of carparking will be will be considered during the detailed
design of the proposed new indoor learn to swim pool. This will include
Upgrade is required to accommodate more formal and overflow parking opportunities. It is acknowledged all
cars to stop parking along the street. recreational facility car parks throughout the city are often unable to meet
Parking is occurring on the grass resulting in demand during peak periods.
damage and cars getting bogged The provision of kerb and guttering along the residential house opposite
the swim centre is beyond the scope of the strategy. This information has
Residential houses front lawns are being been forwarded to Asset Management for their consideration.
used as U Turn bays by users of the pool
due to no guttering Outcome: No change
Splash pad 8 It is agreed the provision of water play would be beneficial for the broader
West Wallsend community considering the distance from the lake and
A splash pad was promised years ago and is coast and increasing population. This has been added to the strategy.
not in the plan. Every other centre is planned
to have a splash pad except West Wallsend. Outcome: Amend ‘Our Plan’ to add to Action 1.3 Plan for the
It is the furthest pool from lake/ocean and in expansion of West Wallsend Swim Centre as follows: Complete a
the greatest population growth area, concept plan and detailed design for the provision of a new learn to
particularly with families swim pool and water play at West Wallsend.
Additional pools 3 The footprint of the Wallsend Swim Centre is limited and is unable to
accommodate additional pools above the proposed new learn to swim pool
Suggestions for paddle pool and an outdoor and water play.
pool. Growing population requires diversity
of pools Outcome: No change.
Changerooms and toilets 2 Opportunities to incorporate family changerooms will be investigated

during planning of the new indoor learn to swim pool at West Wallsend
swim centre.
15


submissions
Need family changerooms for parents to Existing changerooms and toilets will be upgraded in line with asset
change children, not surrounded by other management plans.
adults, sometimes of the opposite sex.
Outcome: No change
Changerooms and toilets need upgrading
Kiosk 1 Opportunities to upgrade the kiosk will be investigated during planning of
the new indoor learn to swim pool at West Wallsend swim centre.
Needs to be larger and improved. It is not
really a kiosk currently Outcome: No change
Water Heating 1 This is an operational issue and outside the scope of the strategy.
This feedback has been provided to Council’s Asset Management
The water heating needs to be upgraded for department for consideration during future pool improvement works.
the pool
Outcome: No change
Playground 1 The strategy does not identify the need for dry playgrounds to be
incorporated into Council Swim Centres.
Suggestions for a playground to be added to
the centre Outcome: No change
Proposed platform lift 1 The potential to incorporate an accessible ramp into the pool has been
investigated. This feature can only be accommodated through removing a
This facility needs more than a platform lift. swimming lane. The provision of a platform lift will provide accessible
A permanent ramp or stairs into the pool is access to the pool whilst maximising the available swimming space for the
required. community.
Outcome: No change
Morisset Swim Centre Feedback
16


submissions
Support for Morisset Swim Centre 7 Noted
improvements
Support for overall improvements, including Outcome: No change
new water play, modernising of facilities
Opposed to new splash pad 1 The proposed water play facility is identified as a Medium priority. This is
Waste of money having a splash pad or play to allow for the consideration of the proposed features at the Cedar Mills
pool at Morisset with the new Cedar Mills development site and understand the potential impact on the swim centre’s
development providing this feature. proposed water play.
Outcome: No change
50m pool 1 The strategy identifies there is adequate supply of 50m pools across the
Need a 50m pool as the closest is located at LGA to meet current and projected population growth. It does not propose
Speers Point. Would benefit all types of the construction of any additional 50m pools over the next 20 years.
swimmers
Outcome: No change
Car Park and Access Entry 6 This is an operational issue and outside the scope of the strategy.
Request improvements to the car parking A request to inspect the carpark and entry road has been forwarded to
surface and entry road. Suggests the use of Council’s City Works department. The suggested overflow parking idea
the grass area for overflow car parking has been provided to Council’s Leisure Services department for
consideration.
Outcome: No change
Information Board/Advertising 5
17


submissions
Suggest Council install an information board Lake Mac Swim Centres are promoted via a new website
near road to advertise opening hours, water (swim.lakemac.com.au) which was launched in July 2022. The website
temperatures, events, carnivals and aquatic provides detailed information on services offered at the pools including
classes. The public currently does not know programs, classes, timetables, pricing, events, school carnivals etc.
if centre will be available for use. School holiday Program offerings are detailed on the website and across
Councils social media platforms. A Lake Mac Swim Centre’s brochure is
also available at some Lake Mac libraries and at swim.lakemac.com.au
Suggest Council advertise of programs and
the swim centre as many locals do not know
it is available.
Outcome: No change
Support for Aqua Classes 2 This is an operational issue and outside the scope of the strategy.
Enjoy classes but need more. Classes This feedback has been provided to Council’s Leisure Services
should start earlier in the season to stop department for consideration.
people going to Toronto.
Outcome: No change
Toronto Swim Centre Feedback

Refurbished Centre 2 Noted
Satisfied with the recent refurbishment
undertaken at Toronto swim centre. This is a Outcome: No change
great facility and should be used as the
blueprint for other locations.
Electronic Access 1 Electronic access is currently being investigated by the contracted Facility
Manager. This is an operational issue and outside the scope of the
Request for the introduction of Electronic strategy.
access to Toronto as per other pools.
18


submissions
Outcome: No change
Warm water pool 1 There are currently two disabled bathrooms and a changing places room
Not enough disabled bathrooms to service that directly service this warm water pool. This provision is above the
the warn water pool. standards required.
There are additional changerooms and toilets that service the remaining
two pools. These include a family changeroom, dry changerooms and
open layout male and female changerooms with toilets and showers.
There is an accessible toilet in each of the male and female changerooms.
Outcome: No change
19

Notices of Motion
Sea level change impacts on the Australian Height Datum

23NM004
(mAHD) of Lake Macquarie
File F2023/00143 - D11047627

Author Councillor - Jason Pauling
Lake Macquarie is a large body of water connected to the ocean via Swansea Channel and
therefore subject to the impacts of sea level changes over time.
Modelling data has contributed to the establishment of benchmarks which in turn have been
applied to development assessments in potentially impacted areas. Accordingly, it is
imperative that the modelling used be as accurate as possible.
Recommendation
That Councillors receive by way of memo, information on changes in lake water levels
over recent decades (since 1990), and the information include future lake water level
projections derived from current modelling.
Attachments
Nil.
Sea level change impacts on the Australian Height Datum (mAHD) of Lake Macquarie

Agenda Ordinary Council Meeting 24 April 2023

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ORDINARY COUNCIL MEETING

Monday 24 April 2023

T 02 4921 0333 F 02 4958 7257 E [email protected]

@LAKEMAC LAKEMACCITY LAKEMAC.COM.AU

Councillors are reminded of the oath or affirmation of office

Councillors are also required to declare and appropriately

Council meetings are streamed live on Council’s website at

The Mayor declared the meeting open at 6.30pm.

For the Motion Against the Motion

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 6

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 7

The recommendations of the Organisational Services Standing Committee at its meeting

For the Motion Against the Motion

23OS005 Requests for donations under the Donations Program

Council approves donations of:

Councillor Jason Pauling returned to the chambers at 6.36pm.

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 8

For the Motion Against the Motion

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 9

For the Motion Against the Motion

23SD003 City Representative at International Children's Games being

23SD004 Bulky Waste Service Transition

For the Motion Against the Motion

23SD005 Proposed Naming of Uncle Bill Wirrigan Park

23SD006 Adoption of the Museum and Heritage Strategy

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 11

For the Motion Against the Motion

23GB006 Full Council site inspection - Edgeworth Memorial

23GB007 Update on Minmi Road, Edgeworth and Cameron Park Drive,

Business arising from Public Forum:

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 12

23SP010 Public exhibition of the draft Operational Plan 2023-2024

For the Motion Against the Motion

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 13

23SP011 Investment Report - February 2023

For the Motion Against the Motion

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 14

23SP012 Wyee Point - Ramsgate Estate - Consolidation and

For the Motion Against the Motion

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 15

23SP013 Endorsement of post-exhibition planning proposal for the

For the Motion Against the Motion

Councillor Keara Conroy returned to the chamber at 7.05pm.

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 16

Council adopts the Council-related Development Application Conflict of Interest policy

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 17

23SP015 Attendance and Motions for the National General Assembly -

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 18

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 19

23SP017 Traffic Facilities and Road Safety Committee

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 20

23SP018 23GB001 - Full Council Site Inspection - Belmont South -

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 21

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 22

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 23

Minutes | Ordinary Council Meeting | Monday 27 March 2023 | Page 24

23SP021 23GB004 - Full Council Site Inspection - Cardiff South - 27 and

23NM002 Determination of Development Application - DA/916/2022 - 15

Councillor Madeline Bishop returned to the chamber at 7.48pm.