Agenda of Ordinary Meeting - 31 October 2005

Ordinary Meeting

Monday 10 October 2005

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 10 OCTOBER 2005 AT 7:01PM

NATIONAL ANTHEM AND PRAYER

The meeting opened with the National Anthem and Prayer read by the Reverend Neil Checkley.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRESENT

His Worship the Mayor Councillor John Thain, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived at 7:09PM), Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Pat Sheehy AM.

Apologies

486 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Pat Sheehy that apologies be received from Councillor David Bradbury..

leave of absence

Leave of Absence was previously granted to Councillor Ross Fowler for the period 2 October to 13 October 2005 inclusive.

Leave of Absence was previously granted to Councillor Steve Simat for the period 22 August to 25 October 2005 inclusive.

CONFIRMATION OF MINUTES

Ordinary Meeting - 26 September 2005

487 RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 26 September 2005 be confirmed.

DECLARATIONS OF INTEREST

Councillor Pat Sheehy declared a non pecuniary interest in Item 8, Application to rezone Lot 1 DP 542395 and Lot 740 DP 810111 Elizabeth Drive, Luddenham to allow an Advanced Waste Treatment Facility in conjunction with the existing quarry and landfill operation. Applicant: Mullane Planning Consultants Pty Ltd; Owner: SITA Australia Pty Ltd as the owner is a sponsor of the Penrith Regional Gallery and Councillor Sheehy is a director of the Penrith Regional Gallery and Lewers Bequest Ltd and he reserved his right to speak and vote on the item.

Councillor Jackie Greenow declared a non pecuniary interest in Item 8, Application to rezone Lot 1 DP 542395 and Lot 740 DP 810111 Elizabeth Drive, Luddenham to allow an Advanced Waste Treatment Facility in conjunction with the existing quarry and landfill operation. Applicant: Mullane Planning Consultants Pty Ltd; Owner: SITA Australia Pty Ltd as the owner is a sponsor of the Penrith Regional Gallery and Councillor Greenow is a director of the Penrith Regional Gallery and Lewers Bequest Ltd and she reserved her right to speak and vote on the item.

Councillor Karen McKeown declared a non pecuniary interest in Item 8, Application to rezone Lot 1 DP 542395 and Lot 740 DP 810111 Elizabeth Drive, Luddenham to allow an Advanced Waste Treatment Facility in conjunction with the existing quarry and landfill operation. Applicant: Mullane Planning Consultants Pty Ltd; Owner: SITA Australia Pty Ltd as the owner is a sponsor of the Penrith Regional Gallery and Councillor McKeown is a director of the Penrith Regional Gallery and Lewers Bequest Ltd and she reserved her right to speak and vote on the item.

suspension of standing orders

488 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06PM.

Ms Sharon Lilley of Londonderry, the owner of the proposed development, addressed the meeting on Item 6, Development Application 04/2745 for the demolition of an existing dwelling and the construction of Seniors Living Development at Lot 5111 and Lot 5112 DP 1057000 (No. 6) Lofty Place, Cranebrook, and spoke in favour of the recommendation. Ms Lilley said that there was a growing demand for the type of seniors living development contained in the development application. She said that she had co-operated with Council to come to the outcome proposed in the development application and that the design was of good quality and suited the area where it is proposed to build the development.

Councillor David Bradbury arrived at the meeting the time being 7:09PM.

Mr Neil Joines of Cranebrook, a neighbour of the proposed development, addressed the meeting on Item 6, Development Application 04/2745 for the demolition of an existing dwelling and the construction of Seniors Living Development at Lot 5111 and Lot 5112 DP 1057000 (No. 6) Lofty Place, Cranebrook, and spoke against the recommendation. Mr Joines said that the development threatened the privacy of adjoining properties and that the building material should be brick. He said that the access to amenities was not adequate considering that it was on top of a hill and residents would be required to cross two busy roads to get to a bus stop. Mr Joines said that there were opportunities for this type of development in newer release areas and putting them in established residential streets would inevitably create disputes with existing home owners in the area.

resumption of standing orders

489 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor David Bradbury that Standing Orders be resumed, the time being 7:13PM.

PRESENTATION FROM PENRITH PANTHERS BMX CLUB

His Worship the Mayor, Councillor John Thain informed the meeting that 680 competitors from around New South Wales had attended the BMX State Titles held in Penrith on 1 October 2005, and that riders from Penrith Panthers BMX Club had taken first place in thirteen of the forty classes competing.

Mr Don Tierney, the Club’s Secretary addressed the Council and spoke about the success of the Championships and he and Mr Mark Cheshire, the Club’s Vice President made a presentation of a framed jersey to Council in appreciation of Council’s support of the Club.

COUNCIL’S SPONSORHIP OF WESTERN SYDNEY INDUSTRY AWARDS ACKNOWLEDGED

His Worship the Mayor, Councillor John Thain informed the meeting that Council had received a plaque to acknowledge its Silver Sponsorship of the 2006 Western Sydney Industry Awards.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 City Centres' Review - former Council Chambers Precinct 4200/6

490 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on City Centres' Review - former Council Chambers Precinct be received

2. Pursuant to the provisions of the Environmental Planning and Assessment Act 1979, and the Regulations 2000, Council prepare a draft Development Control Plan for the land known as the former Council Chambers Precinct (Lot 112 DP 1028320), the Australian Tax Office land (Lot 2 DP 813828), and land adjoining this Precinct to the east (Lot 111 DP 1028320), in accordance with the appended map

3. That affected landowners be notified of Council’s resolution, and consulted in the preparation of the draft Development Control Plan.

3 City Marketing Event Sponsorship proposal from Richmond Race Club 1000-67

491 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on City Marketing Event Sponsorship proposal from Richmond Race Club be received

2. Council approve sponsorship for the Richmond Race Club 50^th anniversary event to a value of $2,500.

2 Preparation of a new integrated Local Plan for the City 4114/65

492 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Preparation of a new integrated Local Plan for the City be received

2. Pursuant to the provisions of the Environmental Planning and Assessment Act, 1979 and Regulations 2000, Council prepare a draft Local Environmental Plan for the City of Penrith, consistent with the standard template for Local Environmental Plans being prepared by the State Government

3. A Local Environmental Study not be required in this case, as the Plan will be supported by relevant studies and strategies

4. A further report be presented to Council prior to the public exhibition of the draft Local Environmental Plan

5. Pursuant to the provisions of the Environmental Planning and Assessment Act, 1979 and the Regulations 2000, Council prepare a draft Development Control Plan for the City of Penrith

6. A further report be presented to Council prior to the public exhibition of the draft Development Control Plan.

The City as a Social Place

5 Section 96 Modification to Development Application 02/2426 for the construction of a mixed use building over basement car parking at Lot 29 and Lot 30 DP 976320 (No. 79 - 81) Union Road, Penrith. Applicant: Sunlit International P/L; Owner: Sunlit International P/L DA02/2426

493 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble

That:

1. The information contained in the report on Section 96 Modification to Development Application 02/2426 for the construction of a mixed use building over basement car parking at Lot 29 and Lot 30 DP 976320 (No. 79 - 81) Union Road, Penrith be received

2. The modification request be approved by way of Condition 1 being amended to read:

The development must be implemented substantially in accordance with the plans numbered 002-B2; Issue B; 002-Issue B; 003- Issue B; 004-Issue A; 005-Issue A; 006-Issue B; 007- Issue A; 008-Issue A; 009-Issue A; 010-Issue A; 011- Issue A; 012-Issue B drawn by Adriaan Winton Architects, lodged with Council on 20/6/03, and stamped approved by Council, the application form and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions:

These plans are amended by those changes shown clouded on the following plans prepared by Zhinar Architects received by Council on 4 May 2005:

Drawing Number	Title	Issue	Date
3508 DA:01	Basement Parking L1	D	8 July 2005
3508 DA:02	Basement Parking L2	C	October 2004
3508 DA:03	Ground Floor	D	8 July 2005
3508 DA 04	Level 1	C	October 2004
3508 DA:05	Level 2	C	October 2004
3508 DA:06	Level 3	C	October 2004
3508 DA:07	Level 4	C	October 2004
3508 DA:08	Roof Plan	C	October 2004
3508 DA:09	South elevation	C	October 2004
3508 DA:10	North elevation	C	October 2004
3508 DA:11	Section	C	October 2004

{Prescribed conditions under the Environmental Planning and Assessment Regulation 2000 as amended will apply to a building and subdivision work commencing/approved on 1 July 2003.}

2.2. That the following additional condition be imposed:

The preparation and approval by Council prior to issue Construction Certificate, a Construction Management Plan detailing arrangements for:

a) Demolition

b) Excavation and site works

c) Construction

d) Employee parking

e) Plant/equipment delivery and storage

f) Materials delivery and storage

g) Traffic and pedestrian management.

7 Grant Applications under the Castlereagh Community Fund

494 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble

That:

1. The information contained in the report on Grant Applications under the Castlereagh Community Fund be received.

2. Subject to the adoption of the Open Space Action Plan, the upgrade of the field surface at Londonderry Park be included in the 2006/07 Management Plan.

9 Proposed Glenmore Park Child and Family Precinct 1344/1,4122/51 Pt2

495 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble

That:

1. The information contained in the report on the Proposed Glenmore Park Child and Family Precinct be received.

2. Council adopt, in principle, the proposed model for the Glenmore Park Child and Family Precinct.

3. Tender processes for architectural services including master plan design options, design development and documentation are commenced.

4. A further report be submitted for Council’s consideration with a preferred design and quantity surveyor’s costing before proceeding to tender for construction.

10 Use of Cook Park for Premier League Soccer 3149/13

496 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble that the information contained in the report on Use of Cook Park for Premier League Soccer be received.

11 Building upgrade at Jamison Park Netball Complex 3209/6

497 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble that the information concerning the upgrading of the Netball Amenities Building at Jamison Park be received.

21 Development Application 05/1384 - Proposed refurbishment and extension to the western grandstand, new lift to eastern grandstand and new forecourts at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith District Rugby League Football Club; Owner: Department of Lands DA05/1384

498 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Garry Rumble

That:

1. The information contained in the report on Development Application 05/1384 - Proposed refurbishment and extension to the western grandstand, new lift to eastern grandstand and new forecourts at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received

2. The information contained in the report on Development Application 05/1384 - Proposed refurbishment and extension to the western grandstand, new lift to eastern grandstand and new forecourts at Lot 2 DP 773983 (No. 143) Station Street, Penrith be approved, subject to the following conditions:

Standard Conditions

A001, A008, A011, A012, A019, A021, A039, A040, B002, B003, B004, B005, B006, D001, D009, D010, E01A, E006, E008, E009, G002, H01F, H041, H011, H024, I003 (Reworded for Ransley Street), I003 (Reworded for Mulgoa Road), K001, K002, K025, L007, L008, P002, Q01F, Q005.

Special Conditions

1. Prior to the issue of the Construction Certificate for that stage of the development, amended plans shall be provided to and approved by Council’s Manager Building Approvals & Environment Protection (BAEP) in relation to the design of the western façade of the proposed western grandstand. The amended design is to provide additional articulation, modulation and elements of visual interest.

2. Prior to the issue of the Construction Certificate for that stage of the development, amended plans and further detail shall be provided to and approved by Council’s Manager BAEP in relation to the fencing proposed as part of this development application. The fencing is to be temporary in nature, and shall consist of relocatable panels and operable gates. A Management Plan shall be submitted detailing fencing arrangements that maximises public access to the improved forecourt areas when the stadium is in ‘non-event’ mode.

3. Prior to the issue of the Final Occupation Certificate, a Venue Management Plan detailing evacuation procedures shall be provided to and approved by Council’s Manager BAEP.

4. Prior to the issue of the Final Occupation Certificate, amended plans shall be submitted to and approved by Council’s Manager BAEP detailing the relocation of the existing disabled car parking spaces to the area adjacent to the existing pump station on the north western corner of the subject site.

5. Construction of the proposed development shall be in accordance with AS0428.1-2001 Design for Access and Mobility

6. Prior to the issue of the Construction Certificate for that stage of the development, details of the position and screening of any roof plant on the western grandstand roof shall be provided to and approved by Council’s Manager BAEP.

7. Within 12 months from the date of issue of the final Occupation Certificate, an amended Traffic Management Plan, noting the new configuration of the stadium, shall be submitted to Council’s Manager BAEP. General parking provisions for ‘event days’ shall also be analysed in this report. This report shall form the basis of future discussions relating to the required parking provisions of any proposal to increase the overall capacity of the stadium.

8. The fixed seating rows to the front, rear and sides of the accessible seats/seating areas are to be reserved in the ticketing sales for first choice by patrons booking tickets in advance, and in conjunction with accessible seating sales. In this regard a minimum of 30 seats shall be made available for this purpose prior to the day of the event.

9. No signage is approved as part of this development application. Signage is to form the subject of a separate development application.

10. The Landscape Plan submitted with the development application is not approved. Prior to the issue of the Construction Certificate for that stage of the development, an amended Landscape Plan shall be submitted to and approved by Council’s Manager BAEP.

11. Prior to the issue of the Construction Certificate for the western façade of the western grandstand, a sample board and schedule of finishes and materials shall be submitted to and approved by Council’s Manager BAEP.

12. Use of the stadium and public address system must comply with the provisions of the Protection of the Environment Operations Act 1997 (POEO).

13. Prior to the issue of the Occupation Certificate, details regarding the alterations and additions to the public address system are to be provided to Council, and are to comply with the provisions of the POEO Act 1997.

14. Prior to the issue of the Construction Certificate for that stage of the development, plans detailing the installation of a dual plumbing system that would be adaptable for connection to a recycled water system, should it become available, are to be submitted to and approved by Council’s Manager BAEP.

15. Prior to the issue of the Construction Certificate for that stage of the development, a Sustainability Report shall be submitted to and approved by Council’s Manager BAEP detailing the use of recycled water and the beneficial use of collected stormwater.

16. Use of the Corporate Facility as a Reception Centre is prohibited. The Corporate Facility is only to be used in conjunction with an event being held at the stadium where members of the public would be attending other public areas of the stadium.

17. Soils and waste material to be removed form the site is to be disposed of at an approved site.

4 Formula One Superboat Event 3032/7

499 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Formula One Superboat Event be received

2. Council donate a total of $6,500 to Australian Formula One Superboat Series Inc for the Formula One Superboat Event, to be made up of $3,500 from the City Marketing budget and $1, 000 from each Ward’s voted works budget.

6 Development Application 04/2745 for the demolition of an existing dwelling and the construction of Seniors Living Development at Lot 5111 and Lot 5112 DP 1057000 (No. 6) Lofty Place, Cranebrook. Applicant: Pretech Pty Ltd; Owner: P & S Lilley DA04/2745

500 RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Greg Davies

That:

1. The information contained in the report on Development Application 04/2745 for the demolition of an existing dwelling and the construction of Seniors Living Development at Lot 5111 and Lot 5112 DP 1057000 (No. 6) Lofty Place, Cranebrook be received

2. That Council support the objections pursuant to State Environmental Planning Policy 1 in respect of Clause 12(4)(a) of Penrith Local Environmental Plan 1998 and Clause 38(4)(c) of State Environmental Planning Policy (Seniors Living) 2004

3. That Development Application 04/2745 for the demolition of an existing dwelling and the construction of Seniors Living Development at Lot 5111 and Lot 5112 DP 1057000 (No. 6) Lofty Place, Cranebrook be approved by granting a Deferred Commencement consent, subject to the conditions in Schedule 1 and Schedule 2 below:

Schedule 1

The consent shall not operate until Council is satisfied with the following additional information, which shall be submitted within 3 months of the date of the determination of this consent:

3.1 The submission of revised hydraulic plans, which are consistent with the architectural plans approved with this application, and which also address the following matters:

a) The 375 outlet pipe through the reserve is excessive with the provision of OSD and should be reduced in size

b) The extension of Council’s pipe system in Indy Crescent is not required and the proposed drainage shall be reconfigured with connection to the kerb

c) Additional surface gratings shall be provided to the tank along with step irons at entry point

d) Details of when the high level overflow of the tank operates is to be provided

e) The sump is to be removed from control pit

f) Courtyard levels require adjustment to be compliant with the BCA in terms of providing adequate drainage clearance to proposed floor levels.

3.2 The submission of a revised landscape plan prepared by a consultant listed in Council’s approved Landscape Consultants Register. This plan shall consistent with the architectural plans approved with this application, and which otherwise satisfies the requirements in Council’s Landscape Development Control Plan.

The landscape plan shall also identify:

a) The design, materials and colour of all boundary fencing

b) The materials and colour finishes of the internal driveway.

3.3 The submission of a Construction Management Plan detailing arrangements for:

a) Demolition

b) Excavation and site works

c) Construction

d) Employee parking

e) Plant/equipment delivery and storage

f) Materials delivery and storage

g) Traffic and pedestrian management.

Schedule 2 Conditions

Special conditions

3.4 The development shall be implemented substantially in accordance with the plans numbered A01 – A10, issue D, dated 28/6/05, prepared by Pretech Pty Ltd the application form and any supporting information received with the application except as maybe amended in red on the attached plans, or by the conditions in this Notice.

In this regard the plans shall be amended as follows:

a) The first floor bathroom windows in the western elevation of Units 1 and 2 shall be deleted. Any window serving these bathrooms shall instead be located within the northern elevation of those units

b) None of the ground floor bedrooms in any unit shall have walls comprising a ‘concertina’ type construction

c) Fencing in proximity to Tree # 15 shall be constructed in accordance with the recommendation in Section 6 of the Tree Report prepared by About Trees

d) The site plan and relevant architectural plans shall be modified to be consistent with the revised site plan, being Drawing No. A02, Issue E, dated 26/9/05, drawn by Pretech Pty Ltd

e) The mistletoe in Tree 15 shall be removed, and minor pruning undertaken under the direction of a qualified arborist, to limit the amount of debris that will fall onto Unit 6. Units 1, 6 and 12 shall be provided with ‘gutter guard’ to limit the degree of ongoing maintenance to these units

These details shall be included in any plans approved with a Construction Certificate.

3.5 The development shall be completed in accordance with the schedule of finishes received from Pretech Pty Ltd, Drawing No. A16, Issue A dated 16 December 2004, and details for fencing and driveway treatments as shown on the landscape plan approved to satisfy Schedule 1 of the consent

3.6 Compliance with Construction Management Plan approved to satisfy Schedule 1 of the consent

3.7 Drainage shall be completed generally in accordance with the plans approved to satisfy Schedule 1 of the consent

3.8 Prior to the issue of any Occupation Certificate a restriction under Section 88B of the Conveyancing Act shall be registered against each unit to satisfy clause 20 (1) and (2) of State Environmental Planning Policy (Seniors Living) 2004

3.9 Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with a Compliance Certificate confirming that all units within the development satisfy the requirements of clauses 51- 72 of State Environmental Planing Policy (Seniors Living) 2004

3.10 Tree numbers 2,3,4, 12,13,15 and 16, as identified in the report prepared by About Trees, shall be retained and incorporated into the development

3.11 Prior to the release of any Occupation Certificate the Principal Certifying Authority shall be provided with a Compliance Certificate confirming that a Restriction under the Conveyancing Act has been registered preventing the media and / or study rooms in unit 1 and 7 – 12 being converted for use as bedrooms

3.12 Submission of plans to the Principal Certifying Authority (PCA) prior to the issue of any Construction Certificate, showing full design details for the method of construction, and materials, for that section of the driveway and visitor parking spaces in proximity to Trees 2,3 and 4, shown shaded on Drawing No A02, issue E prepared by Pretech Pty Ltd. These plans shall be accompanied by certification from a suitably qualified arborist confirming the suitability of these works relative to the root zones of Trees 2, 3 and 4

3.13 A suitably qualified arborist shall provide the following certification to the Principal Certifying Authority (PCA) during the construction of the development:

a) Confirmation that all measures outlined in the Tree Protection Plan (Section 9 of the Tree Report prepared by About Trees) are installed on site prior to any works commencing. In this regard it is noted that Trees Nos. 1, 2, 3, 4, 12, 13, 15 and 16 are to be retained and protected

b) Upon completion of the ground floor of all units, provide confirmation that the measures outlined in the Tree Protection Plan remain in place, and are satisfactory

c) Prior to excavation for services and drainage, confirm that all relevant contractors were advised of the requirements of the Tree Management Plan.

d) Prior to construction of the driveway confirm that all relevant contractors were advised of the requirements of the Tree Management Plan

e) Upon completion of the driveway and visitor spaces in proximity of Trees 2, 3 and 4, provide confirmation that construction was completed in accordance with conditions elsewhere in this Notice

f) Provide certification that the measures outlined in the Tree Protection Plan were satisfactory at the time landscaping of the site was completed.

Standard conditions

4. A008, A009, A011, A014, A019F, A038, A039, A043, B001, B002, B003, B004, B005, B006, B007, D001, D009, D010, E001, E005, E006, G002, G004, H01F, H003, H041, H002, H013 (c, e, f, g, h, i = building specifications) H015, H022, H024, H026, H028, H030, I003 (Lofty Place – b, e, g, h), I004 (f – the provision of concrete footpaths and associated works, including necessary pedestrian crossing facilities, to ensure the provision of safe pedestrian access from the site to the nominated bus stop in Andromeda Drive. These additional works shall link the existing footpath in Hindmarsh Street to the bus stop by creating a new pedestrian crossing in Hindmarsh Street, south west of the existing roundabout, and another new crossing in Andromeda Drive, south east of the existing roundabout. A bus shelter is to be provided at the bus stop in Andromeda Drive. These works shall be designed to satisfy the relevant AustRoads and Roads and Traffic Authority Guidelines. All costs associated with these works shall be borne by the applicant.), K001 (delete ‘roads and’) K002, K007, K009, K016, K019, K025, K027, K036, K037, L001 (landscape plan approved to satisfy Schedule 1), L002, L003, L007, L008, L010 (prepared by About Trees [Tree numbers 2,3,4, 12,13,15 and 16] ) N001 (North Cranebrook Release Area - $71,354), N001 (Cultural Facilities - $1032), P002, Q001, Q005, Q006 (dot points 1,7,8,9,12)

5. Persons who made submissions in respect to the proposed development to be advised of Council’s decision in writing.

6. A further report be brought to Council regarding the reconciliation of SEPP5 provisions for Seniors Living Developments with Council’s own aspirations for aged housing within the future Integrated Local Plan for the Penrith LGA.

Councillors Lexie Cettolin and Kevin Crameri requested that their names be recorded as having voted against the motion.

8 Application to rezone Lot 1 DP 542395 and Lot 740 DP 810111 Elizabeth Drive, Luddenham to allow an Advanced Waste Treatment Facility in conjunction with the existing quarry and landfill operation. Applicant: Mullane Planning Consultants Pty Ltd; Owner: SITA Australia Pty Ltd RZ04/0035

501 RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Lexie Cettolin

That the matter be deferred pending a further report that examines the implications for air quality for surrounding residents, and that provides:

1. Comprehensive information about the facility in Perth, mentioned in Item 8 of the Business Paper for 10 October, and the extent to which the Perth facility compares with the facility proposed for Luddenham

2. Information on the source of the odour in the vicinity of the Eastern Creek waste treatment facility and landfill site.

Councillor Crameri left the meeting the time being 8:23pm.

12 East Ward Skate Park - Mark Leece Oval, St Clair. 3036/7

502 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jackie Greenow

That:

1. The information contained in the report on East Ward Skate Park - Mark Leece Oval, St Clair be received

2. The additional $125,000 for the construction of the Skate Park be allocated from the balance of the Recreation Reserve.

The City Supported by Infrastructure

13 Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2005-2006 9019/91

503 RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Greg Davies

That:

1. The information contained in the report on Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2005-2006, be received

2. Council accepts the grants from the Roads and Traffic Authority as outlined in the report

3. Council congratulate the Road Safety Coordinator on the success of the road safety programs mentioned in the report.

Leadership and Organisation

14 Landcom - Property Lot 101 DP 700213 Brookfield Avenue Werrington Downs 160658

504 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Landcom - Property Lot 101 DP 700213 Brookfield Avenue Werrington Downs be received

2. Landcom be informed that Council appreciates the opportunity in offering the land for sale, but is not interested in acquiring the land.

15 Pecuniary Interest Returns 3/9 & 909/62 Pt 3

505 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy that the information contained in the report on Pecuniary Interest Returns be received.

16 2004/05 Annual Statements 6037/34

506 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy that the information contained in the report on 2004/05 Annual Statements be received

17 Provision of Banking Services 6000/16

507 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Provision of Banking Services be received

2. Council renew its banking relationship with the Commonwealth Bank for the period July 1 2005 to June 30 2009 in line with the expression of interest received from the Bank dated 27 June 2005.

18 Council Property - Granting of an Easement for Electricity Padmount Substation on Council Land Lot 2 DP 597201 Carinya Avenue, St Marys to Intregral Energy and the Transfer of Integral Energy's land to Council 177365

508 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Council Property - Granting of an Easement for Electricity Padmount Substation on Council Land Lot 2 DP 597201 Carinya Avenue, St Marys to Intregral Energy and the Transfer of Integral Energy's land to Council be received

2. Council grant Integral Energy an Easement for Padmount Substation and connecting cables over Lot 2 DP 597201 in Carinya Avenue, St Marys.

3. The existing Integral Energy site Lot 1 DP 597201, to be transferred to Council after they demolish and remove all their infrastructure from the site as compensation for the granting of the easement.

4. Lot 1 DP 597201 to be classified as “operational” land upon transfer to Council.

5. Integral Energy to bear all reasonable costs associated with the granting of the easement.

6. Lots 1 and 2 DP 597201 be consolidated.

7. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

19 Late Notice of Motion to the 2005 NSW Local Government Association Conference 6503/4

509 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Late Notice of Motion to the 2005 NSW Local Government Association Conference be received

2. Penrith City Council submit a late Notice of Motion to the 2005 NSW Local Government Association Annual Conference proposing that the Conference calls upon the State Government to amend Section 525(1) and Section 526(1)(a) & (3) of the Local Government Act 1993, so that a rateable person’s application for re-categorisation of their land is limited to the current financial year.

20 Council Property - Lease of Shop 1 Allen Arcade, 140-142 Henry Street, Penrith 320469 LE4 Pt 3

510 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Council Property - Lease of Shop 1 Allen Arcade, 140-142 Henry Street, Penrith be received

2. Council approve the assignment of the existing lease within Shop 1 at 140-142 Henry Street Penrith from DFG Clinics Pty Limited to Healthscope Limited.

3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation relating to the assignment.

21 Amendment to Council's 2005 Meeting Calendar 31/14 Pt 4

511 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Amendment to Council's 2005 Meeting Calendar be received

2. An Ordinary meeting of Council be scheduled for Monday 31 October 2005.

Councillor Garry Rumble left the meeting the time being 8:25PM.

QUESTIONS WITHOUT NOTICE

QWN 1 Leave of Absence

Councillor Jackie Greenow requested Leave of Absence for 17 October 2005.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

512 RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Karen McKeown that Leave of Absence be granted to Councillor Jackie Greenow for 17 October 2005.

QWN 2 Donation to Mamre Project

Councillor Jackie Greenow requested that Council make a donation of $600 from East Ward voted works to the Mamre Project to cover the cost of hiring chairs and a stage for their Arts and Crafts Colonial Fair on the weekend of 15 and 16 October.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

513 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that Council donate $600 from East Ward voted works to the Mamre Project to cover the cost of hiring chairs and a stage for their Arts and Crafts Colonial Fair on the weekend of 15 and 16 October.

Councillor Garry Rumble returned to the meeting the time being 8:28PM.

Councillor Kevin Crameri returned to the meeting the time being 8:29PM.

QWN 3 Implications of Court Ruling

Councillor David Bradbury requested that a memo outlining the implications of the NSW Court of Appeal’s decision in Baulkham Hills Shire Council vs Group Development Services Pty Ltd. [2005] NSWCA 315

QWN 4 Post Box in Lakes Drive Glenmore Park

Councillor Jim Aitken requested a memo regarding the possibility of Council lobbying Australia Post to investigate the installation of a post box in front of the Public School in Lakes Drive Glenmore Park.

QWN 5 Relocation of Bus Stop at Glenmore Park Shops

Councillor Jim Aitken requested that a report be brought to Council to address the problems with the bus stop that was relocated from Glenmore Park shops. The problems include lack of paving, a steep slope and the absence of a shelter.

QWN 6 Use of Low Step Buses by Westbus

Councillor Jim Aitken requested a report on the use by Westbus of low step entry buses. He has received representations suggesting that Westbus has stopped the use of such buses and that this is affecting the elderly, the disabled and mothers with young children.

QWN 7 UWS Scholarship program

Councillor Jim Aitken requested a report on the possibility of Penrith City Council working with the University of Western Sydney to develop a scholarship program along the lines of the program currently operating between the University and Blacktown City Council.

QWN 8 Footpath on Southern Side of Rodgers Street, Kingswood

Councillor Jim Aitken requested an update on the time frame for the construction of a concrete pavement in Rodgers Street Kingswood.

QWN 9 Closure of Ransley Street, Penrith

Councillor Jim Aitken requested an update on the closing of Ransley Street Penrith and a copy of any advice regarding the matter given to Penrith A H & I Society or those associated with the upgrade of Penrith Stadium.

QWN 10 Workshop on Seniors Living Development

Councillor Jim Aitken requested that Councillors be given a workshop briefing on the issues concerning State Environmental Planning Policy (SEPP) 55 seniors living type developments, including:

· Where they can be built

· Where they are needed

· Control over who occupies them

· Affordability

· Costs for developers.

QWN 11 Tree in Front of 8 Recreation Ave Penrith

Councillor Jim Aitken requested a memo detailing Council’s intention regarding a tree in front of 8 Recreation Ave Penrith.

QWN 12 Development Application Determined By Council DA05/0080

Councillor Garry Rumble requested a memo providing information about Development Application DA05/0080 regarding 73-79 Littlefields Road Mulgoa and asked whether it needed be referred to Council for determination. Councillor Rumble requested that a letter be written to M & C Cafai to clarify apparently conflicting advice about the size of a proposed farm shed.

QWN 13 Development Application Determined By Council DA03/2954

Councillor Garry Rumble requested that Development Application 03/2954 & CC 03/0897 regarding 145-175 Fairlight Road Mulgoa be referred to Council for determination.

QWN 14 Presentation to Council by Cavesinni Constructions Pty Ltd DA03/3292

Councillor Garry Rumble requested that arrangements be made for Cavesinni Constructions Pty Ltd to make a 30 minute presentation to Council at the Council meeting where the determination is made on the Development Application for 538 – 556 High Street Penrith.

QWN 15 Measures to Counter Any Bird Flu Outbreak

Councillor Garry Rumble requested a report on Council’s involvement in any public immunisation program or emergency response initiatives in response to the possibility of an outbreak of bird flu.

QWN 16 Funds for Upgrade of Surveyors Creek Softball Complex

Councillor Garry Rumble requested that a total of $14,876 be provided to the Penrith City Softball Association for the provision of back nets and four dugouts at the Surveyors Creek Softball Complex, provided that the Association repay half the amount back to Council over two years.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

514 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Greg Davies

That:

1. Council provide a total of $14,876 in funds, taken equally from each Ward’s voted works budget, to the Penrith City Softball Association to be used for the provision of back nets and four dugouts at the Surveyors Creek Softball Complex.

2. Penrith City Softball Association repay to Council a total of $7438, being half the amount provided, in three instalments over a two year period, with the repaid money being allocated equally to each Ward’s voted works budget.

QWN 17 Development Application Determined By Council DA05/1535

Councillor Garry Rumble requested that Development Application DA05/1535 concerning additions at 35 Bursaria Crescent Glenmore Park be referred to Council for determination.

QWN 18 Raising Profile of Westbus Services

Councillor Mark Davies requested that a report be brought to Council on the possibility of Council working on a joint campaign with Westbus to encourage the use of public transport in the City and to raise the profile of Westbus’ services.

Committee of the Whole

DECLARATION OF INTEREST

Councillor David Bradbury declared a non-pecuniary interest in Item 4 of the Agenda for Committee of the Whole, Acquisition of Open Space - Gipps Street, Claremont Meadows as he is the owner of a property in the vicinity and indicated that he would leave the meeting during the discussion and voting on this item.

515 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:45PM.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Karen McKeown that the press and public be excluded from Committee of the Whole to deal with the following matters:

City In Its Environment

2 Demolition of dwelling at 30 Eton Road, Cambridge Park 256154

This item has been referred to Committee of the Whole as the report refers to discussion in relation to the personal hardship of a resident or ratepayer; AND advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Leadership and Organisation

3 Acquisition of Road Widening - Lenore Lane, Erskine Park LE/18

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

4 Acquisition of Open Space - Gipps Street, Claremont Meadows DA02/2956

Councillor Lexie Cettolin left the meeting the time being 8:47PM and did not return.

CONFIDENTIAL BUSINESS

The meeting resumed at 9:22PM and the General Manager reported that the Committee of the Whole met at 8:45PM on Monday 10 October 2005, the following being present:

His Worship the Mayor Councillor John Thain, Councillors Kaylene Allison, David Bradbury, Kevin Crameri, Greg Davies, Mark Davies, Jackie Greenow, Karen McKeown, Susan Page, and Pat Sheehy

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

2 Demolition of dwelling at 30 Eton Road, Cambridge Park 256154

CW2 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Pat Sheehy

That:

1. The information contained in the report on Demolition of dwelling at 30 Eton Road, Cambridge Park be received

2. Council confirm that on Monday 19 September 2005 its intention was to defer discussion of the matter until the Council meeting on 10 October 2005 and that Council’s officers were authorised to issue a new notice of entry

3. Council notes the intention that its Officers use their delegation to enter and demolish the building on the property 30 Eton Road, Cambridge Park.

3 Acquisition of Road Widening - Lenore Lane, Erskine Park LE/18

CW3 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken

That:

1. The information contained in the report on Acquisition of Road Widening - Lenore Lane, Erskine Park be received

2. Council pay compensation to Integral Energy for the dedication of 50.67m² of land from Lot 2 DP1063283 in accordance with the summary as outlined in the report.

Councillor David Bradbury left the meeting, the time being 9:21PM

4 Acquisition of Open Space - Gipps Street, Claremont Meadows DA02/2956

CW4 RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken

That:

1. The information contained in the report on Acquisition of Open Space - Gipps Street, Claremont Meadows be received

2. Council pay compensation to Westminster Development Pty Limited for the dedication of 1.048ha from Lot 1 DP 27233 in accordance with the Claremont Meadows Section 94 Plan as outlined within the summary of the report.

3. The land be classified as “Community” land.

Councillor David Bradbury returned to the meeting the time being 9:22PM.

ADOPTION OF Committee of the Whole

516 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendation contained in the Committee of the Whole and shown as CW2 to CW4 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 9:22PM.

*Ordinary Meeting*	*31 October 2005*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 10 October, 2005

Chairperson: Asset Manager – David Burns

Declarations of Interest: No declarations received

The Local Traffic Committee met at 9:00am and concluded at 11.30am and made the following recommendations:

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 Appointment of Local Traffic Committee Representative for Allan Shearan, Member for Londonderry (31/5 Pt 10)

LTC106 RESOLVED

That the information contained in the report on Appointment of Local Traffic Committee Representative for Allan Shearan, Member for Londonderry be received.

2 Glebe Place, Penrith - Request for Provision of Parking Restrictions (GL/03)

LTC107 RESOLVED

That:

1. The information contained in the report on Glebe Place, Penrith - Request for Provision of Parking Restrictions be received

2. Approximately 60m of full-time “No Stopping” restrictions be provided on the southern side of Glebe Place, Penrith across the two driveways servicing the two staff parking areas of Governor Phillip Nursing Home, and a further 30m of full-time “No Stopping” restrictions be provided across the driveway of the service vehicle access

3. Australia Post be requested to relocate the existing street posting box on the southern side of Glebe Place, Penrith fronting the Governor Phillip Nursing Home to approximately 10m east of its current location

4. The applicant be advised.

3 B-Double Route & 4.6m High Vehicle Route Application - Kurrajong Road, North St Marys (9020/13 Pt 3)

LTC 108 RESOLVED

That:

1. The information contained in the report on B-Double Route & 4.6m High Vehicle Route Application - Kurrajong Road, North St Marys be received

2. A field trial be conducted to determine the suitability of the B-double to use Kurrajong Road, North St Marys, from Glossop Street to the Case New Holland premises

3. A further report be submitted to the Local Traffic Committee following the field trial.

4 Request for Speed Enforcement - Various Locations (9003/1 Pt 6)

LTC 109 RESOLVED

That:

1. The information contained in the report on Request for Speed Enforcement - Various Locations be received

2. Police be requested to investigate and conduct speed enforcement at the locations listed in the above table and a report be submitted to the Local Traffic Committee within three months following the investigation.

5 Trinity Drive, Lewis Road, & Pasturegate Avenue, Cambridge Gardens - Speeding Vehicles (TR/02; LE/13; PA/03)

LTC 110 RESOLVED

That:

1. The information contained in the report on Trinity Drive, Lewis Road, & Pasturegate Avenue, Cambridge Gardens - Speeding Vehicles be received

2. Further investigation be carried out with a view to developing a Local Area Traffic Management (LATM) scheme within the precinct, and a report be submitted to the Committee following the investigation

3. Another speed classification survey will need to be carried out to determine the change in heavy vehicle usage in Lewis Road, Cambridge Gardens in the vicinity of the hotel and shopping centre

4. Council’s Road Safety Co-ordinator be requested to install the Speed Alert Mobile (SAM) unit at Trinity Drive, Lewis Road, and Pasturegate Avenue, Cambridge Gardens to advise and alert motorists of their travelling speed

5. Traffic safety at Trinity Drive, Lewis Road, and Pasturegate Avenue, Cambridge Gardens continue to be monitored.

6 Heavey Street, Werrington - Change Existing Bus Stop to Full-Time Bus Zone (9001/8 Pt19)

LTC 111 RESOLVED

That:

1. The information contained in the report on Heavey Street, Werrington - Change Existing Bus Stop to Full-Time Bus Zone be received

2. The existing “Bus Stop” on the northern side of Heavey Street, Werrington, opposite Werrington Public School, be changed to 20m of full-time “Bus Zone” and be relocated approximately 30m east adjacent the “No Stopping” restrictions on the approach to the wombat crossing

3. The existing 120m of full-time “No Stopping” restrictions on the northern side of Heavey Street, opposite Werrington Public School, be removed with the exception of 10m on the departure side of the wombat crossing

4. The linemarking in the vicinity of the school be reviewed

5. The Principal of Werrington Public School and Westbus be advised.

7 Allen Place Carpark - Pedestrian Safety Issues 9201/1 Pt 3

LTC 112 RESOLVED

That:

1. The information contained in the report on Allen Place Carpark - Pedestrian Safety Issues be received

2. A further report be submitted back to the Committee following completion of a conceptual design and estimate of the proposed pedestrian safety improvements identified in the report.

3. The development consent conditions for the shops fronting High Street be checked regarding requirements for the servicing of “bins”

4. The Penrith City Centre Manager be consulted regarding mitigating the impact of “skip bins” in Allen Place to the rear of the shops fronting High Street.

8 Gibbes Street/Mulgoa Road, Regentville - Traffic Safety Issues (GI/01 & MU/01 Pt15)

LTC 113 RESOLVED

That:

1. The information contained in the report on Gibbes Street/Mulgoa Road, Regentville - Traffic Safety Issues be received

2. Traffic safety issues and possible improvement works identified in the report occurring on Mulgoa Road, Regentville between the Glenmore Parkway roundabout and the Gibbes Street intersection be referred to the Roads and Traffic Authority for further investigation and appropriate action

3. The Police be advised.

9 GENERAL BUSINESS

9.1 Bus Stop – Birmingham Road, South Penrith (Raised Westbus) (9001/8 Pt 19)

Council at its meeting on 1 August 2005 resolved, on the recommendation of the Local Traffic Committee, to approve the installation of the bus stop in front of 48 Birmingham Road.

Following consultation process by Westbus, it was stated that the resident has no objections to the installation of the bus stop in front of their property. However, Westbus representative states that “the resident has claimed not to have received the notification letter from them and denies having left a telephone message agreeing to the new bus stop. The resident claims to live alone, and has no need for on-street parking, except during weekends when the bus stop is in operation”.

This bus stop is for Route N2, which operates all weekend long. Westbus received objections from numbers 50 and 52, both being elderly ladies living alone, who did not want people standing out front of their house waiting for a bus.

Westbus considered that the current position of the bus stop best serves the community, and request the LTC to re-confirm and/or re-consider the approved bus stop location.

LTC 114 RESOLVED

That the current approved bus stop location remain unchanged.

9.2 Bus Stop - Sydney Street, Oxley Park (corner Adelaide Street) (Raised St Marys Police) (9001/8 Pt19)

St Marys Police representative has requested that the bus stop on the south - western corner of Sydney Street and Adelaide Street, Oxley Park be re-located approximately 40m-50m near the existing pedestrian crossing opposite the school due to safety issue, so that students leaving the Oxley Park Primary School may exit via the rear entrance near the cemetery, rather than walk in the vicinity of the roundabout.

It was advised that a number of incidents have occurred relating to indecent exposure to young children as they walk to or from Oxley Park Primary School within the vicinity of the intersection. This matter has been discussed with Westbus and no objection was raised to relocate the bus stop. The RTA, Penrith Police and Local Member for Penrith representatives have also been requested to comment on this matter and raised no objections to the proposed relocation.

Westbus representative indicated that notices would need to be placed at the existing bus stop advising of the new location, as well as advise school staff, who can also advise parents of the relocation of the bus stop. The drivers have been advised on Tuesday, 4 October 2005 informing them to pick up any children at the relocated position.

LTC 115 RESOLVED

That the Committee endorse relocation of the existing bus stop in Sydney Street to a distance of approximately 40m-50m south of its current position.

9.3 Union Lane, Penrith - No Parking restriction (Raised Councillor Rumble) (UN/03 Pt 2)

Traffic westbound along Union Lane has an existing No Stopping zone on both sides between Worth Street and the end of the road. It was reported that a shop owner has been issued with an Infringement Notice and booked for stopping within the No Stopping zone when the driver stopped to open the gate/roll-a-door. It was requested that the existing parking restriction on the northern side be investigated for a possible No Parking or Loading Zone.

LTC 116 RESOLVED

That the matter be investigated.

*Ordinary Meeting*	*31 October 2005*
*The City as a Social Place*

The City as a Social Place

Section 96 Modification of Development Consent No. 03/1018 for the parking of a truck at Lot 200 DP 815535 (No. 28) Grays Lane, Cranebrook Applicant: G & L Cettolin; Owner: G & L Cettolin

DA03/1018

Compiled by: Schandel Jefferys - Senior Environmental Planner

Authorised by: Wayne Mitchell - Acting Building Approvals and Environmental Protection Manager

Strategic Program Term Achievement: Redevelopment of existing areas contributes to safe, sustainable, affordable and satisfying living environments and cohesive communities.

Critical Action: Work in partnership with the local community to foster understanding of the reasons why established areas are redeveloping.

Purpose:

To enable Council to determine a request to modify the development consent (No. 03/1018) to allow the consent to operate beyond the 6 month time limit. As per Council Policy this application is reported to Council for determination as one of the applicants is a Councillor. The application is recommended for approval.

Background

Council approved development application (No. 03/1018) on 28 June 2004 for the parking of one truck on the subject site. The approval was issued with a condition limiting the consent to a period of six months. A six-month period was given to trial the land use and to ensure implementation of conditions of consent relating to visual and acoustic impacts of the proposal. Previous applications and trial periods are discussed in Council’s report of 28 June 2004 (attached).

The Site

The site is a corner allotment with an area of 4210m². The site has an 81m frontage to Komirra Road and 50m frontage to Grays Lane. The site is generally flat and contains several Eucalyptus trees scattered over the property. The locality comprises rural residential allotments characterised by scattered woodland.

An existing single storey dwelling is located on this site. To the south is a single storey dwelling and to the east is a detached dual occupancy fronting Komirra Road. A vacant allotment containing dense vegetation is located immediately opposite Komirra Road (to the north of the site). See locality map and site plan appended to the previous report which is attached.

The Proposal

The applicant is seeking to delete Condition 2 of the consent notice, which currently reads:

“This consent is limited to a period of six months from the date of this notice of development consent. Prior to the expiry of this consent the applicant shall submit a request to have the time limitation reviewed.”

The consent notice was issued on 19 July 2004 and the six-month period expired on 19 January 2005. The modification request was received on 4 January 2005.

Community Consultation

In accordance with Council’s Notification and Advertising Development Control Plan the application was notified to adjoining nearby residents and exhibited from 25 January to 8 February 2005. Two submissions have been received in response, both from the same resident raising concerns regarding non-compliance with conditions of consent.

Matters raised in submissions are addressed in the assessment section of this report.

Planning Assessment

Section 96 of the Environmental Planning and Assessment Act, 1979 provides that Council may, on application being made by the applicant, modify a development consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan under section 72 that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

The proposed modification does not physically change the original approval and is therefore of minimal environmental impact. The proposed deletion of condition 2 of the development consent does not alter the nature and operation of the proposal other than timeframe therefore it is the same development as previously approved and is within the scope of a modification request. This modification therefore satisfies the test of being substantially the same development as the approved proposal.

Additionally, the provisions of Section 79C of the Act require consideration under any application to modify consent. The following matters are considered relevant to the current application.

1. Statutory Considerations

1.1 Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (SREP 20)

SREP 20 provides an overall direction for planning to protect the environment of the Hawkesbury-Nepean Catchment within which the proposed development is located. The deletion of this condition would not compromise the water or scenic qualities of the river environment.

1.2 Penrith Local Environmental Plan 201 (Rural Lands) and Rural Lands Development Control Plan

The proposal was previously assessed under the provisions of these plans. It was found to be consistent with the aims, objectives and other specific provisions of the Rural Lands LEP and the Rural DCP. The deletion of condition 2 of the development consent is not considered to vary the outcomes of the assessment of the original application and the proposal remains consistent with the provisions of these plans. As discussed later in this report, the relevant conditions of the consent have been satisfied and continued parking of one truck will not have an adverse impact on the local amenity.

2. The likely impacts of the development

2.1 Non compliance with conditions of consent

A resident has raised concern that conditions of the development consent had not been met. A compliance check was conducted after lodgement of the modification request, which revealed that the following conditions of consent have now been satisfied; this has included the following:

· Provision of the 40cm high lattice screen top to the existing 1.5m high fence

· Provision of 6 advanced native shrubs or trees at a distance of 1.5m apart

· Provision of road base material to truck parking area and bitumen to the front boundary

· Parking of only one truck on-site (Condition 5)

· Submission of an Acoustic Report (Condition 9) certifying that the development complies with the Environmental Protection Authorities relevant Amenity, Intrusive and Sleep Disturbance criteria

· Submission of documentation to show that the truck’s clutch fan is to be serviced by an authorised repairer

Condition 5 of the development consent requires that no more than one truck is to be stored on the property and that this truck is to be stored in the approved designated area. A complaint was received in May 2005 suggesting more than one truck was on the property. A subsequent inspection revealed that there was only one truck parked on the subject property and another truck parked close by on the street. As the second truck was not parked on private property this falls outside of Council’s ability for enforcement under the existing consent. Council officers have inspected the property on a number of other occasions and not observed more than one truck on the site. To ensure that the approved truck only is parked on site, however, an additional condition is proposed to read:

Council’s Senior Environment Officer has reviewed the Acoustic Report required by Condition 9 and found that the submitted report satisfies the condition as it has demonstrated that the noise mitigation measures required by the initial acoustic report have been implemented. This Report has also certified that the development complies with the Environmental Protection Authorities relevant Amenity, Intrusiveness and Sleep Disturbance criteria. It is also suggested that notwithstanding the requirement for development consent, noise impacts generated from the parking of a truck on the property could be effectively regulated through the Protection of the Environment Operations Act, 1997. If there are sufficient grounds for taking further action this may occur through the issue of a Noise Control Notice or Prevention Notice and can include the imposition on fines.

The vehicle associated with the business (when not in use) is to be parked on site in the location approved on the submitted plans

This condition is within the scope of this modification proposal and would enable enforcement action if a vehicle associated with business was to be parked in the nearby streets.

Conclusion

The proposed modification of development consent (seeking to delete condition 2 from development consent (DA 03/1018)) is considered to be substantially the same development as originally considered and approved by Council. The modification does not seek to change the nature of the proposal merely to enable its permanent operation.

Recent inspections of the property have revealed that the conditions of consent have been satisfied and the proposal is satisfactory in relation to the relevant environmental criteria. The planning provisions allow an owner of a rural property to park up to 2 trucks used in the pursuit of their principal livelihood provided that there are no unreasonable impacts from the land use and subject to development consent.

Assessment of this application, documentation submitted and works undertaken to meet consent conditions indicate that the continued use of the property as proposed would not create unreasonable impacts on adjoining properties.

It is certainly recognised that continued compliance with the conditions of consent is critical to the satisfactory environmental outcome of this proposal. It is recommended that the current application be approved will continue to conduct random monitoring of the trucks parked on the site and nearby.

RECOMMENDATION

That:

1. The information contained in the report on Section 96 Modification of Development Consent No. 03/1018 for the parking of a truck at Lot 200 DP 815535 (No. 28) Grays Lane, Cranebrook be received

2. The modification request be approved by way of:

2.1 deleting Condition 2

2.2 Adding a condition that reads:

The vehicle associated with the business (and not in use) is to be parked on site in the location approved on the submitted plans.

ATTACHMENTS/APPENDICES

Previous Council Business Paper dated 28.06.05

8 Pages

Attachment

*Ordinary Meeting*	*31 October 2005*
*The City as a Social Place*

The City as a Social Place

Development Application 04/0856 for the demolition of an existing hotel and the construction of a new two storey hotel building over basement parking at Part Lot 23 and Part Lot 24, Section 30, DP 1855 and Lot 25 DP 656834 (No. 180) Great Western Highway, Kingswood Applicant: Valge Architects Pty Ltd; Owner: Kayora Pty Ltd

DA04/0856

Compiled by: Brad Roeleven - Contract Planner

Authorised by: Wayne Mitchell - Acting Building Approvals and Environmental Protection Manager

Strategic Program Term Achievement: Redevelopment of existing areas contributes to safe, sustainable, affordable and satisfying living environments and cohesive communities.

Critical Action: Work in partnership with the local community to foster understanding of the reasons why established areas are redeveloping.

Purpose:

To provide Council with an assessment of a development application which seeks consent for the redevelopment of a hotel at 180 Great Western Highway, Kingswood, which is a significant development for that locality. The report recommends that the development be approved.

Introduction

Development Application 04/0856 proposes to demolish the existing Kingswood Hotel and construct a new, larger, hotel incorporating basement parking.

The site is zoned 3(A) General Business under the Penrith Interim Development Order No. 9 the provisions of which permit with consent a hotel, shop and the ancillary dwelling house for the on-site manager.

This report provides details of the proposal an assessment of the key issues and recommends ‘deferred commencement’ approval of the development subject to conditions.

The Site

The proposed development is at No.180 Great Western Highway Kingswood, comprising Part Lots 23 and 24, Section 30, DP 1855 and Lot 25 DP 656834.

This land is positioned on the south-western side of the intersection of the Highway and Bringelly Road, and is prominent not only for its corner location, but also because it sits at the eastern entry to the Kingswood commercial zone, opposite Kingswood Railway Station.

The development site is regular in shape. The northern boundary to the Highway is 45.1m, the eastern boundary to Bringelly Road is 33.3m, the southern boundary to Wainright Lane is 53.1m and the western site boundary is 38.1m. Total site area is 1944m².

This site currently supports the Kingswood Hotel, a two storey building over basement cellar, set along the Highway frontage of the property. The licensed floor area of the current hotel building is approximately 547m2. The ground floor of this building contains the licensed areas, games room, function room, administration and various ancillary areas. The upper floor is for accommodation, and including 13 rooms with associated facilities. A beer garden and parking area, for 8 vehicles, are set along the Wainright Lane boundary of the allotment.

Site topography is characterised by a fall of about 2m away from the Highway down towards the Wainright Lane (rear) site boundary. Existing vegetation comprises minor landscaping adjacent the Highway elevation of the Hotel, and a single canopy tree at the rear of the site towards Bringelly Road boundary. A stand of street trees also extends across the Highway frontage of the site.

A locality plan is attached/appended.

The Proposal

This application seeks consent to demolish the existing Kingswood Hotel and construct a new two storey hotel with basement parking. This new building would have a total floor space of 3177m² and would comprise:

Basement

· 36 car parking spaces for patrons, plus 2 spaces for staff, with separate entry and exit driveways to Wainright Lane

· Loading dock

· Waste storage area

· Cool rooms and ancillary storage areas

· Pedestrian lobby to lift for access to hotel

Ground floor (1597.88m²)

· Principal pedestrian entry and lobby from Highway frontage

· Secondary pedestrian entry and lobby from Wainright Lane

· Gaming lounge

· Bar with lounge areas

· Bistro with associated kitchen and storage areas

· Bottle shop to Highway frontage

· Vacant retail premise (for separate occupation) to Highway frontage

· Office administration, staff and patron amenities

First floor (1579.38m²)

· Pool table with lounge area

· Bar with lounge areas

· Office and administration areas

· 2-bedroom Managers apartment

· Outdoor terraces to the Highway, Bringelly Road and Wainright Lane elevations

Notification

In accordance with Council’s Notification and Advertising Development Control Plan the application was notified to the owners/occupiers of surrounding properties from 17th August 2005 until 31st August 2005. No submissions were received.

It is noted however that during the course of the assessment of this application Council has received representations from the Kingswood Traders Association, who support this proposal.

Referrals

The following referrals were undertaken:

· Health and Building Surveyor

· Development Services Engineer

· Traffic Engineer

· Architectural Supervisor

· NSW Police

· Disability Access Committee

Generally no objections were raised, subject to recommended conditions. Where appropriate, comments received from these referrals are included within this report.

Statutory Assessment

Relevant planning instruments, zoning and permissibility

The site is zoned 3(A) General Business under Penrith Interim Development Order No. 9, (IDO 9). The proposal comprises activities defined as a shop, dwelling house and hotel, which are permissible with consent. There are no other controls within IDO 9 relevant in the assessment of this application.

Other planning instruments, codes and polices relevant in the assessment of this application are:

· State Environmental Planning Policy 55 – Remediation of Land

· Draft State Environmental Planning Policy 66 – Integration of Land Use and Transport

· Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River

· Development Control Plan 2000 – Controls for the Management and Minimisation of Waste

· DCP for Crime Prevention Through Environmental Design

· Section 94 Contributions Plan – Kingswood Neighbourhood Centre

State Environmental Planning Policy 55 – Remediation of Land

Clause 7 of this Plan provides that Council must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose

From a review of Council’s records it is apparent that the site has not supported any land use of a type likely to have resulted in the contamination of the subject land. Accordingly it is concluded that the land is suitable for the activities proposed under this application.

Draft State Environmental Planning Policy 66 - Integration of Land Use and Transport

The Draft SEPP aims to reduce the need for travel and the amount of reliance on private transportation. This is encouraged by the appropriate location and mix of development, and through the application of a variety of land use and transport measures. Examples to achieve this are encouraging trip generating developments in business centres, improving transport choice and reducing the dependence on private cars.

Clause 7(c) indicates that the Draft SEPP relates to hotels having a gross floor space of more than 1000 m², and therefore is relevant in the assessment of this application.

Although the Draft SEPP is yet to be gazetted, the principles of the policy have been considered in the assessment of the development application. The hotel is located opposite the Kingswood Railway Station, is serviced by local bus and taxi services and includes appropriate provision of parking. As such, it is considered that the development is consistent with the principles of the Draft SEPP 66.

If the Draft SEPP is gazetted prior to the determination of the application, transitional provisions apply [Clause 14(d)] which allow the assessment of the application to progress, without the detailed consideration of the provisions of the plan.

Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River

SREP 20 aims to protect the environment of the Hawkesbury - Nepean River by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality.

The proposal is not expected to have an adverse cumulative impact on the Hawkesbury Nepean River system.

Waste Planning Development Control Plan (2004)

A Waste Management Plan addressing disposal of materials associated with the demolition of the existing building, and construction of the new complex, accompanies the application. The information provided however is not sufficient, and accordingly a revised Plan is required. This minor matter is addressed by an appropriate condition in the consent notice.

Once the hotel is operational private contractors would be required to undertake waste services for the Hotel. In this regard the proposal includes a satisfactory garbage storage area, located within the loading dock. Council would however provide waste services for the Manager’s residence.

Development Control Plan for Crime Prevention Through Environmental Design (CPTED)

The CPTED DCP seeks to provide for safe and secure developments by reducing opportunities for crime through the consideration building design and place management. CEPTED employs four key strategies being natural surveillance, access control, territorial reinforcement and space management.

This proposal as lodged was generally consistent with the aims and objectives of this DCP. However following advice received from NSW Police it was apparent that further opportunities were available to improve the layout of the building to reduce opportunities for criminal or anti social behaviour.

Discussions with the applicant resulted in the plans therefore being amended to include the following matters:

· Increases in height of glass balustrade to restrict/prevent access to ground floor terraces from adjacent footpaths, and from first floor terraces onto the roof of the building

· Redesign of the main pedestrian entry foyer to increase natural surveillance of this area from within the Hotel, and also from the adjacent footpath areas

· Improved passive surveillance of various locations within the building

· Details of signage, lighting, alarms and cameras to enable clear and direct movement through the building, and monitor unauthorized access to non-public spaces

· Restrictions to limit access to staff/administration areas

These revised arrangements are satisfactory and further ensure that this building accords with principles of this DCP.

Section 94 Contributions Plans

The site does fall within the land affected by the Kingswood Neighbourhood Centre Section 94 Plan. However that Plan does not require any contributions for commercial development.

Other Assessment Issues

Access. Traffic and Transport

Access to the basement car park and loading dock is proposed via Wainright Lane. Council’s Traffic Engineer is satisfied with these arrangements. The quantity of traffic generated by this development, and its likely effect upon the local road network and levels of service at intersections has also been assessed as satisfactory.

The most significant issue for this proposal relates to the demand and provision for car parking. In summary the relevant points to note are:

· The existing hotel provides 8 parking spaces to support 547m2 of licensed floor space, plus 13 accommodation rooms

· The proposed hotel seeks to increase licensed floor space to a total of 1442m2, and on site parking to 36 patron spaces. The proposed building does not include any guest accommodation, but does have a 2 bedroom manager’s apartment

· Application of Council’s Parking Code requirements indicates that the additional floor space generates the need for 153 on site parking spaces. The proposal provides 36 spaces for patrons, and a further 2 spaces for staff (including 2 spaces for manager)

· Accompanying this application are two separate parking reports, providing justification for the shortfall in required on site parking. In support of the proposal to provide only 36 patron spaces these reports rely upon:

- Demand for parking based upon patron surveys

- Modal split for means of patron access to the Hotel (eg. The percentages of patrons who drive, walk, use public transport or other means to attend the Hotel)

- Availability of street parking, including at the railway station opposite the site, during the peak trading hours of the Hotel

Set out below is the advice received from Council’s Traffic Engineer regarding this matter:

The existing hotel has a licensed floor area of 547m2 plus an additional accommodation component of 13 single bedrooms and provides a total of 9 off street parking spaces off Wainright Lane. The new hotel proposes to increase the licensed floor area by 895m2 to 1442m2 however does not provide any accommodation.

Using the proposed floor area increase of 895m2 and applying the lounge rate of 1 space per 5.5m2 equates to 153 additional spaces being required less the 36 spaces proposed off street equates to 118 spaces required on street.

The consultants report concludes from an on street parking demand survey that there is a total of 783 on street parking spaces available within the vicinity of the hotel. The parking demand survey within an 800m radius was bounded by Parker Street to the west, Great Western Highway to the north, Derby Street to the south and Santley Crescent to the east however interestingly Santley Crescent and First Street have been omitted from the survey results.

Following recent discussions it was agreed that approx 400m was generally considered the acceptable maximum walking distance from a vehicle parked on street to the venue. On this basis the boundaries of the parking survey should be restricted to Somerset Street to the west and not Parker Street.

From interpolation of the data provided in the report and aerial photographs including both Santley Crescent and First Street the amended area effectively yields approx 450 available on street parking spaces within a 400m radius after 5:30pm.

On this basis it is concluded that the expected demand for 118 on street parking spaces from the proposed development can be accommodated within the surrounding street network without significant adverse impact on the amenity of residents.

In view of this advice it is accepted that the provision of 36 on site parking spaces for Hotel patrons is acceptable, particularly given that the peak operating times of the Hotel would be at night and consequently there would be no real conflict with other potential users of on-street parking in the area (e.g. Staff/visitors to Nepean Hospital).

Noise and vibration

The proposal is an existing hotel located within an established commercial precinct. However, the size, nature, and location of the site, which adjoins residential areas to the south, raises the concerns about potential impacts from noise associated with the construction of the building, and the likely impacts upon the occupiers of surrounding sites from the occupation and operation of the subject building.

It is accepted that the above concerns are capable of being resolved through either:

· Appropriate noise controls during construction

· Use of appropriate materials of construction to ensure appropriate internal noise levels are achieved

· Use of appropriate noise attenuation measures to ensure that the operations of plant and equipment within the building do not impact on surrounding sites

· Regulation of operating hours

From a search of Council’s records it is noted that there have been no noise complaints lodged in respect of the current Hotel. Also, the applicant is seeking to maintain the existing hours of operation being 5.00am until 3.00am, Monday – Saturday and 10.00am until 12 midnight on Sundays.

Nevertheless, relevant details for assessment of potential noise impacts can only accurately be established by way of an acoustic report.

This report therefore recommends the submission of such a report as a deferred commencement condition. (See Condition 2.1)

Site design and internal design

Urban design

The location of the development is important as it is on the Highway at a key intersection, and is positioned centrally to the Kingswood retail centre. Accordingly the urban design of the building as shown on the plans originally lodged with this application, required modifications to:

· Respond to the ‘gateway’ location of the site

· Achieve a suitable height along both street frontages

· Provide active facades to both street frontages

· Address the potential for improvements regarding energy efficiency

Amended plans were submitted which essentially responded to these concerns. Nevertheless, continuing assessment of the proposal, and discussions with the applicant, established that further opportunities were available to modify the form and presentation of this proposal. To this end the applicant agreed to introduce the following additional design elements:

· The design treatment of the corner entry element addressing the intersection of the Great Western Highway and Bringelly Road has been strengthened. In this regard the glazed entry awning has been enlarged and reshaped. At roof level, a raised glazed skylight element has been added to provide greater visual distinction to the pedestrian entry and allow more natural light into both floor levels of the building

· The facades to Bringelly Road and the Highway have been provided with vertical design elements which break up the expanse of these walls so that the building more closely reflect the established built form and scale of the shopping centre, which is comprised of numerous small shop fronts which collectively provide variety and interest to the presentation of the commercial strip. These vertical elements in the façade will be highlighted at night by feature lighting

· The presentation of the western elevation of the building is improved by the introduction of ‘banding’ of brick and block work to add visual interest to this wall

Notwithstanding, some minor fine-tuning of the revised design is still required, but can be achieved by the application of conditions of approval. These alterations relate to:

· Revising the treatment of the Wainwright Lane/Bringelly Road corner elevation to restrict the height of metal louvers to 1.5m

· Minor changes to the floor plan of the manager’s unit to improve access from living rooms to the rear terrace

· Repositioning the advertising panel above the main entry point. This panel should be set closer to the awning so that any signage does not detract from, or compete with, the roof skylight which should be the main visual feature of the building

Subject to these further minor changes, it is considered that the scale, form and presentation of this building is now satisfactory, subject to conditions, and will make a significant, positive contribution to the Kingswood commercial centre.

External finishes

This report recommends, by way of a deferred commencement condition, the submission of a sample board of all external materials of construction. (See Condition 2.3)

Residential unit

Included on the first floor is a two-bedroom Managers residence. The location and design of this unit is acceptable noting that it includes a separate entry, has good solar access to living rooms and incorporates large, private outdoor recreation areas. To further improve the amenity of the apartment it proposed that the design be amended to improve access from living rooms to the rear terrace.

Roof top structures

Mechanical equipment necessary for the operation of the hotel is to be located upon the roof of the building. The location of this plant is satisfactory in terms of it not being in prominent view from either the Highway or Bringelly Road.

Nevertheless it is desirable that this equipment be screened to ensure it would not be seen from the public domain. The applicant confirms their intention to provide such screening, but indicates that the design for the screen can only be finalized once the mechanical plant and equipment has been selected.

Consequently this matter is matter is addressed by a suitable condition. (See Condition 2.21)

Disability Access Committee

The Disabled Access Committee considered this matter at its meeting on 5 October 2005 and provided the following comments:

· Ensure that disabled toilet facilities are provided with contrasting tiles with an appropriate luminance

· Provide templates to demonstrate ease of access from disabled parking spaces

· Ensure disabled parking spaces have dimensions of 5.4m x 3.2m, and with an overhead clearance of 2.5m

· The entry ramp grades being amended or for ease of access. Alternately provide a relief platform between the transitions in grade

· Provide portions of the bar service area at a lower height

The amended architectural plans received 14 October 2005 have modified the design of the building to comply with these requirements.

Tree removal

A stand of street trees along the Great Western Highway frontage of the site will be retained. However the remaining vegetation over the site be removed to accommodate the new building. The most significant of these is an English Elm located at the rear of the property towards the Bringelly Road boundary. Accompanying the application is an arborist’s report that supports the removal of this Elm tree given that it has a co-dominant trunk, has been previously lopped and is affected by decay. It is agreed that this tree is not significant and no objections are raised to its removal.

Accompanying the application is an arborist’s report that includes a Tree Management Plan to address the protection of these trees during the construction phase. This report recommends the implementation of that Tree Management Plan. (Standard Condition L010)

Given the proximity of the existing street trees to the proposed sunshades it is also appropriate, however, that a condition be imposed to ensure that these trees are protected.

Signage

It is expected that the building would include signage across the Bringelly Road and Highway elevations. Such signage would require careful consideration given the prominence of the site. Few details have been provided with this application regarding signage, and accordingly the recommendation to this report requires that all signage be the subject of a future separate development application. (Standard Condition A026)

Security management

The CPTED DCP as discussed earlier deals with physical design elements within the building to reduce opportunities for criminal behaviour.

Separate to this however is the related matter of how the Hotel would be managed and operated to deal with anti-social or inappropriate behaviour. To this end it is appropriate for the applicant to prepare, and implement a Security Management Plan to enable potential off-site impacts to be managed. (eg, loitering, anti-social behaviour, noise etc). Council has previously required the preparation of a such a Plan when approving application for other Hotels in the municipality.

This matter is addressed by a deferred commencement condition. (See Condition 2.4)

Lot Consolidation

The development site comprises three separate allotments, which would be effectively consolidated by the construction of the proposed Hotel building. Consistent with BCA requirements this report recommends the formal consolidation of the allotments. (Standard Condition A014).

Construction

The size of this development, the location of the site, and the likely duration of construction are such that the successful management of the construction process is essential to safeguard the environment and amenity of the locality, ensure public safety and minimise impacts upon traffic movements.

To address this concern it is necessary for the applicant to provide a Construction Management Plan which would make arrangements for:

a) Demolition

b) Excavation

c) Construction

d) Employee parking

e) Plant/equipment delivery and storage

f) Materials delivery and storage

g) Traffic and pedestrian management

The matter is resolved by way of a deferred commencement condition. (See Condition 2.2)

Conclusion

This application seeks consent to demolish the existing hotel and construct a new hotel with basement parking. The site is significant by virtue of its corner location, and more importantly, its gateway position at the eastern entry to the Kingswood retail precinct.

While the primary issues to be resolved with this application could be summarised as relating to matters of urban design and the supply of parking, the significance of this site warranted extensive analysis.

The outcomes achieved from the assessment process reveal that this proposal satisfies relevant planning controls, and favourably responds to the constraints and opportunities presented by the site.

It is anticipated that the positive outcomes achieved through this proposal may serve as a catalyst for further renewal of the Kingswood retail precinct.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 04/0856 for the demolition of an existing hotel and the construction of a new two storey hotel building over basement parking at Part Lot 23 and Part Lot 24, Section 30, DP 1855 and Lot 25 DP 656834 (No. 180) Great Western Highway, Kingswood be received

2. The information contained in the report on Development Application 04/0856 for the demolition of an existing hotel and the construction of a new two storey hotel building over basement parking at Part Lot 23 and Part Lot 24, Section 30, DP 1855 and Lot 25 DP 656834 (No. 180) Great Western Highway, Kingswood be approved by granting a Deferred Commencement consent, subject to the conditions in Schedule 1 and Schedule 2 below:

Schedule 1 Conditions

The consent shall not operate until Council is satisfied with the following additional information, which shall be submitted within 6 months of the date of the determination of this consent:

2.1 The submission of a satisfactory acoustic report to be approved by Council. The report, prepared by a suitably qualified person, shall address the following matters:

a) The likely impacts upon adjacent and surrounding premises from noise associated with the construction of the building

b) The likely impacts upon the occupiers of adjacent and surrounding sites from the occupation and operation of the subject building

The report shall make recommendations regarding:

i) Any appropriate noise controls to apply during construction

ii) Noise attenuation measures necessary to ensure that the operation and occupation of the hotel, including associated mechanical plant and equipment, do not impact on any affected residential properties

2.2 Submission of satisfactory a Construction Management Plan to be approved by Council. The Plan shall detail arrangements for:

a) Demolition

b) Excavation and site works

c) Construction

d) Employee parking

e) Plant/equipment delivery and storage

f) Materials delivery and storage

g) Traffic and pedestrian management

2.3 Submission of a satisfactory schedule of external materials and finishes for consideration and approval by Council

2.4 The submission of a satisfactory Security Management Plan to address the effective management of all off-site impacts. The Plan shall include any requirements of the Liquor Administration Board related to security, as well as advice provided by Penrith Police Crime Prevention Unit

Schedule 2 Conditions

Special conditions

2.5 All recommendations included in the acoustic report approved to satisfy Schedule 1 of this Notice shall be incorporated into any plans approved with a Construction Certificate

2.6 Compliance with Construction Management Plan approved to satisfy Schedule 1 of this Notice

2.7 The development shall be completed in accordance with schedule of finishes approved to satisfy Schedule 1 of this Notice

2.8 Other than for those times when the basement is being used, the roller shutters to the basement car park shall be closed at all times outside the operating hours of the Hotel

2.9 Other than for those times when the loading dock is being used, the roller shutter to the dock shall remain closed

2.10 To minimize vandalism, the garden beds shall not contain any material or objects that could be used as projectiles

2.11 All areas that are for ‘Staff Only’ shall be suitably identified by appropriate signage

2.12 All car parking and maneuvering must be in accordance with AS 2890 and Council’s requirements. Full details must be submitted with the Construction Certificate. Car parking space 14 must be widened by 0.3m to comply with the Australian Standard

2.13 Storm water disposal shall be completed generally in accordance with concept drainage plans prepared by Cardno BLH, Drawing No. N5361-01, Sheet Nos. 100, 200, 201, 202, 203, 204, 500 and 700, Revision 01, dated 25/5/04

2.14 The first floor apartment shall only be occupied in conjunction with the operation of the Hotel

2.15 A separate development application shall be submitted and approval granted by Penrith City Council prior to the occupation of the ground floor shop

2.16 The hours of operation of the Hotel are limited to 5.00am – 3.00am Mondays- Saturdays, and 10.00am – 12 midnight on Sundays. These hours shall not be extended without the prior consent of Council

2.17 Compliance with the Security Management Plan approved to satisfy Schedule 1 of this Notice.

2.18 Any ATM installed inside the building shall be located in a position, which is readily visible by Hotel staff. Details are to be included on any plans approved with a Construction Certificate

2.19 Mirrors shall be installed around the lift foyer in the basement, and within stairwells to improve visibility in these locations. Details are to be included on any plans approved with a Construction Certificate

2.20 Suitable measures shall be provided to reduce opportunities for direct access into first floor administration and staff areas, particularly from the adjacent bar area, and outdoor terrace. Details are to be included on any plans approved with a Construction Certificate

2.21 Full details of the design and construction of screening around roof top mechanical plant and equipment shall be included on any plans approved with a Construction Certificate

2.22 An Occupation Certificate shall not be issued until such time as the Principal Certifying Authority is provided with copies of all necessary licenses or permits from the Liquor Administration Board and any other relevant authority

2.23 Street trees along the Great Western Highway shall not be pruned to facilitate the construction of any part of the building without the prior approval of Council

Standard conditions

2.24 A001 In this regard, the approved plans shall be further modified as follows:

a) The signage panel above the main pedestrian entry from Great Western Highway/Bringelly Road shall be repositioned closer toward the entry awning. This is to ensure the sign does not visually compete with the roof top skylight design feature

b) Metal louvers along the Bringelly Road and Wainright Lane elevations shall not extend more than 1.5m above ground level

c) The floorplan of the manager’s residence shall be amended to achieve direct access from the living rooms to the rear terrace

(Valge Architects, Drawing Nos. DA-01 – DA-08, Issue D, dated 12/10/05) A011, A014, A19F, A026, A038, A039, A040, A045 (delete last para), B002, B003, B004, B005, B006, D001, D014, D131, D026, E01A, E002 (If it is proposed to license the premises as a Place of Public Entertainment the relevant clauses of the Building Code of Australia shall be addressed), E006, E008, E009, G002, G004, H001, H002 (a, b, c, d), H003, H006, H022, H041, H025, I003 (b, e, g, h), I004, I003(f), K001 (delete first sentence), K003, K025, K027 (36 spaces – 4 spaces, delete last para) L010 (December 2003 prepared by Tree Wise Men), Q001, Q006 (dot points 1, 4,9).

ATTACHMENTS/APPENDICES

1. View

180 Great Western Highway, Kingswood

3 Pages

Appendix

*Ordinary Meeting*	*31 October 2005*
*The City as a Social Place*

The City as a Social Place

Castlereagh Crematorium and Cemetery Business Plan

1008/2

Compiled by: Tony Jarrett - Neighbourhood Facilities Coordinator

Authorised by: Gary Dean - Facilities Operations Manager

Strategic Program Term Achievement: Effective responses are made to the social impacts of growth, redevelopment and change.

Critical Action: Assess the social impacts of urban change in both new release and established areas and develop planned responses.

Purpose:

To summarise the Business Plan prepared for the proposed Castlereagh Crematoria and Cemetery, to seek re-affirmation of 'in-principle' support for development of the Castlereagh site, and to recommend formation of a Working Party to progress the project.

Background

In February 2004 Council endorsed development concepts for the Crown Reserve Portion 245 managed by Council in Church Street, Castlereagh for a crematoria and small cemetery. A Business Plan has been completed modelling the financial viability of the project. This crematoria project is significant as it suggests it is viable for Council to move into the cremation industry.

Work on the proposal thus far has not canvassed whether a new cemetery and crematorium could be located other than at Castlereagh. Given that the site is reserved for cemetery purposes, the focus has been on examining development potential for Portion 245.

Current Situation

Portion 245 is a 14.6 ha Crown Reserve site in Church Street, Castlereagh that was set aside as ‘Reserve for Cemetery Purposes’ in 1903. Council was appointed Trust Manager in 1995. It is adjacent to the small historic Castlereagh General Cemetery that is administered by the Cambridge Park Anglican Church Parish.

When the Trust management was assigned to Council, the then Cemeteries Operations Working Party identified the site as potentially suitable for expansion of Council’s cemetery services.

In 2001 a Flora and Fauna Study confirmed the strong environmental values of the site. In 2003 Council decided to examine the feasibility of constructing cemetery and crematorium facilities at the site and to consider potential development concepts. In 2004 Council accepted initial findings of general demand for crematorium facilities. Council also endorsed concepts for the development of Portion 245 for a crematoria and small cemetery.

There has been no formal use of the site since it was reserved in 1903, and the original bushland appears to be largely intact. The detailed flora and fauna survey indicates two distinct types of vegetation on the site:

· Castlereagh Scribbly Gum woodland, which is 10 to 15 metres in height with a one to two metre understorey and grass or sedge groundcover;

· Castlereagh Ironbark forest, which is over 20 metres in height with a dense shrubby understorey and grassy groundcover. No development will occur in this area.

The Castlereagh Business Plan

John Desmond and Associates (JDA) has completed an initial Business Plan for the project that indicates potential to deliver Council, the local community and the region a significant social asset. In developing the Business Plan, there is confidence that crucial local independent funeral directors will support this project. There is high confidence in the material upon which the viability of the project is based. The JDA Business Plan addresses the following;

· Management

It is assumed that the Castlereagh project will form part of the overall cemetery operations, and not be set-up separate to the existing operations. This integrated approach will bring management and operational efficiencies and enable an integrated marketing to emphasise the range of facilities available across all Council’s operating cemeteries.

While Council has strong examples of instituting alternate management models (company limited by guarantee, Co-operative) the relative value of other management models has not been examined.

· Market profile and trends

Local and regional demographics and death rates have been used to establish an estimate of potential demand for cremation services, and thus income projections. There have been assumptions about variables (including proportions of population over 65, crude death rates, standardized death rates and median age of death) made in quantifying potential demand when projecting up to 30 years hence.

· Demand

Translating the targeted demand into effective demand will require carefully targeted marketing, comprising a mixture of public awareness, direct sale to the pre need market and the building of close links with independent funeral directors.

· Industry structure

The funeral industry has a high degree of concentration and vertical integration. A major player provides an integrated service consisting of cemeteries, crematoria and funeral homes. The remainder of the industry is very fragmented. Most cemeteries and crematoria are managed by local councils, religious bodies or state government appointed trusts.

· Burials

Burials at Castlereagh will be on a small scale as sufficient burial sites are available at Penrith General Cemetery. This would also avoid taking the overall demand for sites from Penrith.

· Cremations and memorialisation

The closest cremation facilities in the region are at Pinegrove (Eastern Creek). It could be expected that there would be significant demand for a new crematorium. Memorialisation packages of some kind will be offered, with the possible approaches to ashes memorialisation being small rock markers spread through the bush and large rock markers in a particular area, with ashes scattered.

· Chapel and functions

A chapel (seating about 100 plus overflows) on site can increase the attractiveness of the total facility, as well as increasing the revenue per funeral. However it could have the potential to decrease the revenue to the funeral directors (who would otherwise arrange the service) and some flexibility in the approach to the market will be necessary. A small room may be provided for post-service gatherings.

· Fencing and security of the site

Because of the site’s remote location the type of security systems in place will need to be carefully planned. Electronic monitoring and back to base alarms will be necessary, and consideration is being given to establishment of an on-site presence (caretaker’s cottage). The nature of the operations will also require that the site be fully fenced.

· Competitive and operational risk

Existing operators in the region may competitively react to a new venture via pricing mechanisms, cremation capacity, or marketing initiatives – all of which will have the potential to impact upon the viability of the project.

· Financial analysis and risks

The best estimates for the various revenue and cost items have been projected over a 30-year amortization period. This shows that the facility will incur a deficit in the initial years but that this can be repaid with interest and that if capital cost can be amortized over 30 years, the net cash flow to council will be positive from around Year 6.

Key issues that will affect the development

The Castlereagh Cemetery and Crematoria will be a significant local and regional project that will deliver social infrastructure for the use of current and future generations. A number of issues will require detailed consideration and study in the context of moving this project through development approvals and implementation.

Initial work on this proposal commenced in 2000 and at various times since the prospect of the site being developed as a cemetery and crematoria has been publicised. Given that the stage is being reached where the full extent of the proposal is now being shaped, there most certainly will be collective or individual community opinion directed to the crematoria project.

In line with Council’s Community Participation Policy a process of community engagement will be initiated at this early stage with the intention of being continued through design, approval, construction and operating phases. While the engagement tools may be flexible and develop over time, proven models such as community advisory groups or design reference groups are potentially appropriate. Certainly the approach will be inclusory.

Opportunities for long-term funding of cemetery operations

The revenue streams predicted in the Business Plan will deliver surpluses above that needed for operational activities and maintenance. The Crown Reserve Trust arrangement under which the site would be managed presents the opportunity for Council to expand its involvement in cemeteries in the City and take the lead in preservation and conservation of these important social assets that are not currently in Council’s care. For example, seek Trusteeship of the historic Castlereagh Cemetery, direct support of preservation and conservation works in all cemeteries.

These revenue streams also mean that the current effective subsidy to current cemetery operations could be eliminated over time, thus freeing up recurrent General Revenue funds to be applied in other priority areas.

Design and sustainability principles

The development concepts seek to deliver crematorium facilities within a bushland environment. The vision seeks to go past just a burial and ceremonial place towards a place of lasting environmental and social value for Penrith with higher-order principles. This creates opportunity for designing and showcasing sustainability principles throughout the project.

Financial Services Manager’s comments

The feasibility study and concept plans developed by GeoLink Environment and Design and the financial analysis and Business Plan prepared by John Desmond and Associates have been reviewed.

The financial projections contained within the reports are considered appropriate. It is noted that the financial analysis of the project forecast positive operating revenues from the third year.

It is acknowledged that should Council provide in principle support for this project a comprehensive financial plan would be required to provide further more stringent confirmation of the financial projections across the life of the asset.

Extending the purpose of the Crown Reserve

Portion 245 is a Crown Reserve set aside for cemetery purposes, for which Council is the Trust Manager. For a mixed crematoria and cemetery development, the defined purpose of the Reserve would need to be extended. Recent amendments to the Crown Lands Act 1989 (under the Crown Lands Legislation Amendment Act 2005) provides for more flexibility in how Crown Reserves can be used for additional purposes.

While discussions are continuing with the Department of Lands, the legislation provides for additional purposes (of a crematoria) to be enabled under a Plan of Management for the reserve, or with an order of the Minister.

Next steps

This certainly is an innovative project that requires considerable work in examining in more detail the JDA Business Plan and the options to fund the project and to move from concepts to detailed development plans.

It is felt that Council should consider the formation of a Working Party comprising North Ward Councillors and relevant Council officers to examine proposed courses of action.

The Terms of Reference for the Working Party might be:

“To develop and report back to Council on a plan for the development of the Castlereagh Cemetery and Crematorium, and to oversee implementation of the plan, as adopted by Council.”

RECOMMENDATION

That:

1. The information contained in the report on Castlereagh Crematorium and Cemetery Business Plan be received

2. Council re-affirm its ‘in principle’ support for the development of this land as a Crematoria and Cemetery;

3. A Working Party comprising North Ward Councillors and relevant Council officers be formed.

4. The Terms of Reference of the Working Party be: “To develop and report back to Council on a plan for the development of the Castlereagh Cemetery and Crematorium, and to oversee implementation of the plan, as adopted by Council”.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*31 October 2005*
*The City as a Social Place*

The City as a Social Place

Joan Sutherland Performing Arts Centre (JSPAC) Extensions Project

961/19

Compiled by: Gary Dean - Facilities Operations Manager

Authorised by: Steve Hackett - Director City Services

Strategic Program Term Achievement: The cultural assets of the City have been integrated to establish its reputation as a creative place.

Critical Action: Finalise extensions for Penrith Regional Gallery and Joan Sutherland Performing Arts Centre.

Purpose:

To provide Council with a final 'wrap up' report on the JSPAC Extensions Project. The report has a focus on the project budget and recommends a source to address the minor funding shortfall and the approval of the amended JSPAC Constitution.

The Extensions Project

The JSPAC opened in March 1990 and has subsequently played a significant regional role in impacting upon and enhancing the culture of many thousands of people in outer Western Sydney.

It wasn’t too long after opening that the need for more space became apparent.

The Conservatorium of Music had been subjected to significant growth. How this growth was to be met was investigated by Council and specialist Architects during the latter 1990’s, when conceptual plans were prepared and funding sources for an extensions project canvassed. As a consequence of Council’s advocacy, the NSW Premier announced that $6.4 million would be provided to Council to help expand and upgrade the JSPAC. An important element of the government grant, was that the expanded JSPAC will include a new Q Theatre and accommodation for Railway Street Theatre Company (RST).

Council subsequently identified funding sources to meet the balance of the project which at that time, was approximately $13 million.

Council confirmed the continuing role of Suters Architects. Given funding was available the extensions project became a reality.

The Arts Project Working Party, which was formed to address operational issues at RST, had its brief expanded to include the extensions project. Council formed the ‘Project Definition’ and ‘Change Management’ Committees, which comprised representatives of JSPAC, RST, Ministry for the Arts and Council, to instruct the Architects in refining the physical elements of the project and to address all the management issues associated with the project. Councillor Sheehy chaired these Committees.

Suters Architects completed all the necessary documentation for the Development Application, which was approved by Council in December 2002. A Construction Certificate was subsequently issued and expressions of interest sought from suitably qualified and experienced builders.

Council had, since the opening of the JSPAC, provided an annual operating subsidy to the Centre. That subsidy was increased in 2001, at the time the management responsibilities for the Q Theatre, transferred to the JSPAC. Council acknowledged that an expanded Centre, with increased operational costs, would result in an increased subsidy from Council. Prior to commencing the extensions project Council engaged ‘Positive Solutions’ a consultancy group with considerable knowledge and experience in the operations of performing arts centres, to prepare a Business Plan for an expanded Centre. What became clear from that Business Plan, was that the level of Council’s financial support ultimately becomes an investment for a particular cultural outcome. The Business Plan clearly demonstrated that Council’s subsidy should increase. Council accepted those principles and annual budgets have reflected an increased level of subsidy. The Business Plan also addressed a new management structure.

Council considered a request from the JSPAC Board to include a ‘Recital Museum’ in the extensions. This would be achieved by converting part of the proposed conservatorium of music into that museum which would contain items from the “Dame Joan Sutherland Collection”. That opportunity was thoroughly examined by Council (and others), which lead to Council not proceeding with that opportunity within the extensions project. Council recognised that the extensions did include extensive display areas.

Council, in February 2004, selected Arenco Pty Ltd as its preferred builder for the extensions project. Work commenced in mid-March 2004, with practical completion achieved in July this year. The project was completed in two (2) stages, with stage 1 being occupied in February this year.

The Contract administration was done by Council, with Council’s Building Projects Coordinator being seconded for the period of the construction program.

Following occupation of stage 1, Council’s Facilities Operations Manager was seconded to the Centre to provide support to the existing staff and to facilitate introduction of the new management structure. A new Chief Executive Officer commenced in July this year.

The expanded JSPAC was officially opened by the NSW Premier and the Mayor on 3 September this year. The expanded Centre has received wide acclaim from regular users and the community at large. The first performance in the new Q Theatre was held on 7 October 2005. It is proposed to show an edited version of the Official Opening DVD to tonight’s meeting.

The Project Budget

Council accepted a ‘fixed lump sum contract’ of $12.29 million from Arenco Pty Ltd. In addition to this, Council agreed that allowances needed to be accommodated in the project costs to cover professional fees during construction, Council fees, construction allowance, secondment salary, legal fees and specialist fees.

The budget for the project in February 2004 (appointment of builder) was $14,219,300.

During the construction program variations to the original builders contract occurred. These variations were thoroughly considered by the Project Definition Committee before approval was granted for these works. In the main these variations (listed below) resulted from works not anticipated at the outset, additional work arising from changes or improvements that only became apparent during the construction phase. These variations included (but not limited to):

· modifications to sewer diversion (construction methodology) (major expense)

· alterations to theatre stage

· enhancements to air-conditioning

· building management systems upgrade

· structural steel changes

· various modifications to electrical/lighting layout

· improved signage

· various changes to fixtures and fittings

The fit-out of the new Q Theatre (sound, lighting and communication) was approved by Council in June 2005. The fit-out cost, whilst approved by Council, was higher than anticipated.

There was also an increase in the initial budget allocation for the official opening ceremony.

To date the overall cost to Council for the JSPAC extensions project is $14,467,721.

The financial aspects of the project are addressed below.

Acting Financial Services Manager’s comments

The final projected cost of the extension indicates a project budget variance of $248,421 (1.74%). This is primarily the result of the Lighting & Audio variation and other higher than expected construction variations throughout the project including the sewer diversion modifications.

The additional lighting and audio equipment was approved by Council on 20 June 2005. At that stage it was anticipated that the cost of this equipment would be met from the existing project contingency. It was also anticipated that, should the project budget be exceeded, Section 94 funding would be increased.

As reported, the completion of the JSPAC Extension project and the accurate determination of the cost of the project could necessitate the re-exhibition of the S94 Cultural Facilities Plan. Due to the increased scope of the project additional s94 funding would be achieved by a re-exhibition of the plan containing the amended total project cost. This combined with the additional interest earned on the unspent grant funded proportion ($66,000) throughout the life of the project will provide the necessary funding for the shortfall.

Other issues

During the construction, the JSPAC Board also identified opportunities for changes / improvements within the Centre. These included preliminary fit-out of an area on level two shown as ‘void space’. This area, when completed at a time in the future will provide additional storage space. Further storage space has been achieved by creating access to an area under one of the stairs. The foyer display cabinet was modified to improve visibility. New workstations have been provided to the administration area. All these works ($70,300) have been funded by the JSPAC Board.

The new Chief Executive Officer commenced in July and has worked closely with Council officers in addressing other issues arising from the extensions project. These include completing the new Strategic Plan, finalising the 05/06 Business Plan, recruiting new staff identified in the expanded management structure and installing new operational practices commensurate with the expanded Centre.

A draft new Occupation Agreement (to reflect expanded Centre) has been prepared by Council officers and will be considered by the JSPAC Board in the near future. This new Occupation Agreement brings more definition to the responsibilities of the JSPAC Company and Council.

New JSPAC Constitution

The extensions project presented the ideal opportunity to review the Company’s Constitution that had been in place for some 15 years. Council’s Legal Officer has made certain changes, in consultation with the JSPAC Board, to reflect the contemporary document that applies to Council’s other controlled entities.

Another important change that has been made to the Constitution, at the request of the Board, has been in relation to the Joan Sutherland Foundation, which until this change, has been administered by Trustees.

The change now brings that responsibility to the Board (or sub-Committee of the Board) and makes all donations to the Foundation “ …eligible for tax deductibility…”.

A copy of the amended Constitution is included in the attachments. Council should approve this amended Constitution.

Conclusion

After years of investigations, the much needed JSPAC Extensions have been achieved, with significant funding from the NSW Government and the development of a funding strategy by Council for the balance of the project funds.

These additions will add to the Centre’s significant acclaim as a ‘Centre of Cultural Excellence’ and will broaden its appeal beyond the City.

The JSPAC extensions represented a major project for Council, second to that of the Civic Centre. The overall project has been completed in accordance with the agreed timeframe and effectively “within budget” – although, as indicated in this report, there has been a minor variation to the initial budget estimates. This budget increase is considered justified and the report has identified how the shortfall in funds can be covered.

The success of this major project can be attributed to Council’s innovative project management approach and ‘checks and balances’ that were put in place to monitor the project progress.

Next Steps

Council officers will continue to work with the JSPAC Chief Executive Officer in finalising those operational matters referred to above and any other matters that might arise from time to time.

Council is aware of the reformation of the Arts Project Working Party to address the issue of “… further integration of the City’s Cultural facilities..”. The JSPAC is included in that scope of work. The Working Party has met and the outcomes / actions from that meeting are now being addressed. Council will be advised of that in a future report.

RECOMMENDATION

That:

1. The information contained in the report on Joan Sutherland Performing Arts Centre (JSPAC) Extensions Project be received

2. Council endorse the budget variations as outlined in this report.

3. The Section 94 Cultural Facilities Plan be amended to reflect the actual Extensions Project costs and re-exhibited.

4. Council approve the amended Constitution of the Penrith Bicentennial Performing Arts Centre Limited.

ATTACHMENTS/APPENDICES

JSPAC Constitution

12 Pages

Attachment

*Ordinary Meeting*	*31 October 2005*
*The City as a Social Place*

The City as a Social Place

Section 96 Modification to Development Application 03/2954 for a proposed Rumpus Room at Lot 5 DP 235175 (No. 145-175) Fairlight Road, Mulgoa Applicant: Andrew Soane and Heather Soane; Owner: Andrew Soane and Heather Soane

DA03/2954

Compiled by: Julie Condon - Senior Environmental Health and Building Surveyor

Authorised by: Wayne Mitchell - Acting Building Approvals and Environmental Protection Manager

Requested By: Councillor Jim Aitken

Councillor Ross Fowler

Strategic Program Term Achievement: Redevelopment of existing areas contributes to safe, sustainable, affordable and satisfying living environments and cohesive communities.

Critical Action: Work in partnership with the local community to foster understanding of the reasons why established areas are redeveloping.

Purpose:

To provide Councillors with information relating to the request for modification of the original development consent for a rumpus room at 145-175 Fairlight Road, Mulgoa, prior to its determination. The modification to the development application is recommended for approval.

Background

In September 2001 a development application for the construction of a dwelling, shed and carport on the subject site was submitted to Council. The application was approved in October 2001 and the dwelling and shed were constructed on the property.

In November 2003 a development application was submitted to Council for the construction of a detached rumpus/games room. The proposed structure was to be 12m x 8m in size with a 2.5m wide attached verandah. The proposed structure was to be located 10m from the adjoining property boundary. As such, in accordance with Council’s Notification Policy, the application was not required to be notified to adjoining property owners. The development application was assessed against all the relevant criteria and determined by the granting of development consent subject to conditions.

On 4 August 2005 Council received a complaint regarding the building under construction and raising issues of non-compliance with the consent. The complaint was investigated and it was determined that there were departures from the consent relating to the proximity to the adjoining boundary, and the installation of additional windows and a doorway in the northern wall. The owner of the property was contacted and requested to stop work. He was also advised that if he wanted to retain the building, he must lodge a Section 96 application to seek approval for the variations to the original consent.

On 28 August, an application to modify the Development Consent was lodged. The amended plans indicated that the application was seeking approval for the structure to be located at a distance of 7.9m from the boundary to the adjoining property. Due to the reduced setback, the application was notified to the adjoining property owners and the Mulgoa Progress Association. In accordance with Council’s policy, the notification period closed on 13 September. Two submissions have been received. One from the adjoining property owner to the north and one from the Mulgoa Progress Association.

Assessment of the Application to modify the consent

The issue for assessment and determination of the Section 96 application to modify the consent is do the proposed changes satisfy the criteria adopted when the original application was approved.

The original Development Application was assessed against the criteria prescribed in the Environmental Planning and Assessment Act 1979 (EP&A Act), and the provisions of Sydney Regional Environmental Plan No 13 (SREP 13). The proposal was deemed to comply with the relevant requirements of the instruments and was approved subject to conditions.

The Section 96 application to modify the existing consent involved the following amendments to the original approved development:

· Relocation of the structure from a 10m setback to the northern boundary to a 7.9m setback

· The addition of a doorway, landing and steps to the rear (north) of the building

· The modification of windows including placement of an additional standard window and two highlight windows to the northern wall

· Addition of 2 standard and windows to eastern wall

· Relocation of standard window and addition of two highlight windows to the western wall

· Change incorrect dimension to correct on anomaly on siting of the building

The Sec 96 application is required to be assessed against the relevant provisions of the EP & A Act and SREP 13, to determine if the proposal remains within the criteria set for the original consent.

An assessment of the amended proposal against the provisions of SREP 13 does not identify any areas of non-compliance. SREP 13 does not prescribe any minimum setback requirements, or control the provision and location of windows. The proposed modifications to the development do not therefore contain any areas of non-compliance with the SREP.

Neighbour notification

It was considered that the proposal to seek approval for relocation of the structure to a setback of 7.9m from the adjoining property, and the interest in the proposal by the adjoining property owner, warranted notification of the application under the terms of Council’s Notification Policy. As already mentioned, two submissions were received as a result of this notification. The issues raised in these submissions are as outlined below:

· Obtrusive Building resulting from non-compliance with regards to siting, the subfloor height of 1.5m, and non-compliance of the roof colour

The proposed change to the setback of the approved structure from 10m to 7.9m is not considered to significantly increase the impact of the structure on the adjoining property. There is an existing dense landscaping screen between the properties, which will remain and is an effective means to partially screen and soften the appearance of the structure.

The subfloor height is not increased by the proposed amendments to the application. The slope is gentle and uniform in the area of the development. The structure has a maximum subfloor height of 1.3m. This measurement relates to one corner of the structure only and decreases from that point to the minimum 400mm required by the Building Code of Australia.

The roof colour of the structure is Colorbond “Shale Grey”. This is a medium grey colour and is the same colour as that approved for the construction of the existing dwelling and shed.

The colour of the roofing material is commonly accepted as suitable for use in rural areas. The new material has a plastic finish, which initially is quite reflective, however, it becomes much less reflective over time.

The Design and Management Guidelines attached to SREP 13 states that suitable materials for roofs include “corrugated iron and ribbed sheet metal”. The guidelines also provide examples of suitable colours for roofs including “unpainted iron, and Paynes Grey”. The nature and colour of the roof of the building meets these requirements and is considered to comply with the condition attached to the development consent. This condition requires that “The roof of the structure is to be of a non-reflective surface and colour”.

It is considered that use of this colour roofing material on the structure is not inappropriate as it integrates with all the developments on the site and does not compromise the requirements of the SREP or its Design and Management Guidelines.

· Non-compliance – high-pitched roof meaning building exceeds 6m height shown on plans

The plans submitted with the original application and approved by Council, indicated a roof pitch of 30 degrees.

The section 96 application does not propose a change to the roof pitch. The SREP 13 Design and Management Guidelines prescribe that pitched roofs are preferable - recommending a minimum pitch of 30 degrees.

The application therefore complies with the SREP and the Development Consent with regards to its roof form.

SREP 13 does not contain any prescriptive requirements, which relate to building height, it only limits building height to 2 storeys. Clause 12 of SREP 13 requires that Council must be satisfied with the proposed bulk, scale, slope, size, height, density, design and external appearance of a development to ensure that it is appropriate for the rural character of Mulgoa Valley. The floor area is 126m², the height varies due to the slope across the land on which the building is located, and the building is a simple rectangular design and with corrugated metal sheeting and the design compliments that of the other developments on this property. It was considered that the original proposal satisfied these requirements. This modification does not alter the conclusions that were reached in the original assessment of the proposal. It is therefore appropriate for the rural character of the valley.

· Visual impact from adjoining property

The proposed amendments to the development consent do not result in any significant increase in the visibility of the structure from the adjoining property. The existing landscaping screen, which is to be retained and increased, serves to minimise any visual impacts of the building.

· Loss of privacy

The modifications to the development consent originally included a proposal to add a doorway, landing and steps and three additional windows to the northern elevation of the structure. The submission from the adjoining owners identifies a concern that this doorway and the windows will result in a significant loss of privacy to their premises.

The applicant was advised of these concerns and has agreed to remove the doorway, landing and steps from the proposal. The applicant proposes to install attached louvers, or privacy screens, to the outside of the two windows, which do not contain obscure glass.

The remaining highlight windows on the northern elevation have obscure glazing. It is also proposed that the single window in the western elevation be relocated and that and additional 2 highlight windows be installed. The proposal also includes that an additional 2 windows be installed in the eastern elevations. The attachments contain plans of the approved and proposed elevations. It was claimed that these additional windows were required to increase natural lighting to the building and as these windows are located on the northern elevation, they improve the energy efficiency of the building. While the clear glass windows would enable better lighting, the obscure glass highlight windows would only have a minimal effect. These highlight windows would enable a wet area to be installed without additional external changes. This modification does not include approval to install a wet area. These highlight windows are therefore not required. The remaining changes to the windows do not affect the privacy of adjoining neighbours. A condition requiring the removal of the doorway in the northern elevation and the highlights windows in the Northern and Western elevations has been including in the recommendations.

It is considered that with, the removal of the doorway, the screening of the remaining clear glass windows and the distance of separation between the structure and the dwelling on the adjoining site, that there will be no significant impacts on the privacy of the adjoining property resulting from the amendments to the original consent.

· Requirements of SREP 13 that no activity should occur if it impacts on the “visual catchments of Fernhill The Cottage and St Thomas’s” the natural landscape, and the compromising visual integrity of Fernhill SREP 13 states the visual relationship between sites of the cottage and Fernhill should be preserved and enhanced.,

The parts of the SREP 13, which addresses these issues, are contained in the Design and Management Guidelines. These guidelines include:

a) The visual relationship between the sites of The Cottage, St Thomas’s Church and Fernhill should be preserved and enhanced, and

b) Any development between the visual catchments of items of environmental heritage should pay special recognition to its siting in relation to the significance of the setting

c) Certain vistas of the main heritage items are key elements in the landscape and should be protected from any unsympathetic development

An assessment of the issue of impacts on the visual relationships, catchments, linkages and vistas of The Cottage, St Thomas’s and Fernhill requires that Council officers determine if this site is located within the areas identified in the diagrams in the Design and Management Guidelines. These diagrams are contained in the appendices and clearly demonstrate that the development site is located well outside the Historic Curtilages, and Vistas of Heritage Items in the valley. The site is also located well outside the view corridors between the items.

This proposal therefore remains within the criteria adopted for the original development consent.

· Visual impact of structure from Mulgoa Rd. The roof is visible against the natural landscape, the development intrudes into the skyline, and Development Consent Criteria in Clause 12 a, b, c, and d of SREP 13 have been overlooked or ignored.

Clause 12 states that the consent authority shall not grant consent to an application to carry out development for any purpose:

(a) if any proposed building will be located on ridgetops or if it will intrude into the skyline when viewed from road or other public places

(b) unless it is satisfied that the proposed development will not adversely affect the historic, scenic, cultural, social, archaeological, architectural, natural or aesthetic significance of any item of environmental heritage in the valley

(c) if services, in particular arrangements regarding the provision of water and disposal of effluent satisfactory to the requirements of the Water Board, are not adequate or will not be provided in a reasonable time

(d) unless it is satisfied that the proposed form and siting of buildings, colours, landscaping, and building materials are appropriate for the rural character of the valley and are consistent with the Design and Management Guidelines or their intent

The structure is not located on a ridge top. The topography in the area of the proposed site is undulating and the slope continues significantly beyond the development site.

The structure does not intrude into the skyline. A significant part of the hillside continues upslope from the development, placing it well below the skyline.

While the structure is partially visible for a very short section of Mulgoa Rd, the visibility is minimal. Further, this visibility will decrease as the roofing material weathers. The extent of visibility from Mulgoa Rd is not considered to prejudice the view from the road. The impacts of visibility from Mulgoa Rd are not increased by the proposed amendments to the consent, and remain within the criteria adopted by the original consent.

Services such as water and effluent disposal are not required for the development.

It is considered that the development is compliant with the Design and Management Guidelines. This compliance is not altered by the proposed modifications. Other issues raised in the submissions include:

· Provision of wet areas and impacts on catchment of dams.

The plans do not indicate any wet areas and therefore this approval does not permit such areas. The owner has been advised that if wet areas are proposed, he must submit a separate application. The objections received are based on the concern that effluent generated by the development may not be disposed of effectively, resulting in pollution or contamination of dams within the proximity. As no wet areas are proposed or approved in the building there is no risk of any pollution or contamination occurring from this source.

· Roof water disposal

Roof water is to be disposed of to rainwater tanks and is controlled by standard conditions of the development consent.

· Access for construction and delivery of supplies

The site has an access directly from Fairlight Rd and another over a right-of –carriageway over the adjoining property. The issue of choice of access for delivery of materials is a private matter subject to negotiation between the owners of the two properties.

· Future use

A development consent has been granted for the use of the structure as a rumpus/games room. A condition of consent has been applied regarding to regulate the use of the building. Any proposed changes to the use would be the subject of a separate Development Application.

· Building regulations – why 30m from dwelling when 15m stipulated in regulations.

The only regulation, which relates to the siting of buildings in this locality, is SREP 13 and the accompanying Design and Management Guidelines. The only requirement in these documents that relates to the relationship of buildings on a site is the section on Siting. This Section requires that developments “group buildings to form sunny sheltered areas and avoid visual confusion”.

The development approved complies with this requirement as the existing and proposed buildings on the property are in close proximity to the subject building. The proposed amendments do not impact on this compliance.

· Location of building 61m from bend in fence line.

The building as constructed is located a distance of approx 60m from the bend in the fence. The original approved plans contained an incorrect dimension. The building has been constructed in the same relationship to other buildings on the site as indicated on the approved plans and complies with the requirements of the SREP and Design and Management Guidelines with regards to siting.

The neighbours feel that the location of this building makes it more obtrusive. In effect the location has not been changed, only the dimension corrected.

· Comments on Development in the Mulgoa Valley.

The Mulgoa Progress Association have raised concerns regarding Council’s implementation of the Development Consent criteria in SREP 13. They are also concerned Council staff may not be familiar with the requirements of the SREP and need further training.

Council officers are committed to ensuring a high quality of development with the Mulgoa Valley and are well aware of the requirements of the relevant planning instruments.

The Building Approvals and Environment Protection department has a high awareness of the special development objectives in the Mulgoa Valley and have utilised experienced staff who are well aware of the requirements of the SREP. There is a continuing commitment to ensuring that all assessment officers who operate in this locality will receive comprehensive training in the intent and implementation of the SREP.

Compliance Action

There is no doubt that the approved plans were not complied with when this building was constructed. The owner felt that changes to the building were minor variations that did not need further approval. Once the owner was advised of his responsibilities, he ceased work and submitted this modification. Given these circumstances, it has been decided that it is appropriate to issue a Penalty Infringement Notice for failure to comply with the original development consent.

Conclusion

An assessment of the application to modify the existing development consent 03/2954, demonstrates that the proposed modifications are minor in nature, remain within the criteria adopted for the original approval and comply with the provisions of SREP 13 and accompanying Design and Management Guidelines.

RECOMMENDATION

That:

1. The information contained in the report on Section 96 Modification to Development Application 03/2954 for a proposed Rumpus Room at Lot 5 DP 235175 (No. 145-175) Fairlight Road, Mulgoa be received

2. The application for Section 96 Modification to Development Application 03/2954 for a proposed Rumpus Room at Lot 5 DP 235175 (No. 145 – 175) Fairlight Road, Mulgoa be approved subject to the original conditions and the following additional conditions:

2.1 Additional landscaping is to be provided to the northern boundary of the site over the length of the subject building. The landscaping is to be comprised of indigenous species, native to the local area, as specified in the Design and Management Guidelines and capable of reaching a height of at least 5m on maturity. Details of the proposed landscaping are to be submitted to Council for consideration and approval prior to implementation of the plan

2.2 Permanent privacy screening is to be provided to the clear glazed windows on the northern elevation of the building, in accordance with that indicated on the approved plans

2.3 The door, doorway and landing in the northern elevations and the highlight window in the northern and western elevations be removed from the plans prior to the issue of the Construction Certificate for this modification. Windows and doorways must comply with the modified Construction Certificate prior to the issue of Occupation Certificate

3. The adjoining property owners and the Mulgoa Progress Association be advised, in writing of Council’s decision

ATTACHMENTS/APPENDICES

1. View

145 Fairlight Road, Mulgoa

6 Pages

Appendix

	TIME	OCT	NOV	DEC
	TIME	Mon	Mon	Mon
Ordinary Meetings	7.00 pm			5
Ordinary Meetings		31	21 #	12
Policy Review Committee	7.00 pm		14

10. a	a donation of $150.00 was made to NSW Ice Hockey with a request that it be passed on to Gary Markowski of Glenmore Park to help defray his travelling expenses when he competed in the 2005 Ice Hockey National Championships held in Adelaide, South Australia during July 2005.
11.	a donation of $800.00 was made to NSW Gymnastics Association Inc with a request that $100.00 each be passed on to Aiden and Angela Thomas of Richmond; Gregory Clune of Blaxland; Owen Gilbert of Warragamba; Jacqueline Melvold of Glenbrook (members of DeRoos Tumbling and Trampoline Club, Penrith) and Kyle Russell of Werrington County, Melanie Wilson of St Clair and Dominique O’Driscoll of Glenmore Park to help defray their travelling expenses when they competed in the National Trampolining Championships held in Queensland during July 2005.
12.	a donation of $200.00 was made to Basketball NSW with a request that it be passed on to Ashlee Currey of Mt Riverview (member of Penrith Panthers Basketball Club) to help defray her travelling expenses when she competed in the Australian Under 18 Women’s Basketball Championships held in Perth, Western Australia during July 2005.
13.	a donation of $150.00 was made to State Volleyball NSW with a request that it be passed on to Peter Jeffrey of Glenmore Park to help defray his travelling expenses when he competed in the National Junior Volleyball Championships held in Adelaide, South Australia during July 2005.
14.	a donation of $250.00 was made to NSW Primary Schools Sports Association with a request that: $150.00 be passed on to Brendon Heather of Claremont Meadows to help defray his travelling expenses when he competed in the 2005 NSW PSSA Rugby League Team Tournament held in Adelaide, South Australia during July-August 2005 and; $100.00 be passed on to Taylah Clark of Cambridge Park when she competes in the Pacific School Games being held in Melbourne, Victoria during November-December 2005
15.	a donation of $200.00 was made to NSW Association of Indoor Bowlers Inc with a request that $100.00 each be passed on to Jenny Hogan and Katrina Lafferty of Penrith to help defray his travelling expenses when they competed in the 2005 Australian Indoor Bowling Championships held in Echuca, Victoria during August 2005.
16.	a donation of $100.00 was made to Badminton NSW with a request that it be passed on to Sean Lim of St Clair to help defray his travelling expenses when he competed in the Australian Badminton Open Tournament held in Ballarat, Victoria during September 2005.
17.	a donation of $3800.00 was made to NSW Ice Skating with a request that $200.00 each be passed on to: Callum Bullard of Holsworthy; Laura Hedge of Lawson; Christina Levada of Blacktown; Bernice Phillips of Blaxland; Melanie Reed of Springwood; and Vikki-Marie Seymour of Bligh Park (all members of the Penrith Valley Figure Skating Club) and; Elyse Dymond of Orchard Hills; Erin Greentree of Cambridge Park; Brooke Jeal of Leonay; Michelle Kirk of Glenmore Park; Sarah Masters of St Clair; Samantha & Mitchell Oke of Emu Plains; Jessica Rowan of Kingswood; Sylvia Quinlan of South Penrith; Mark Webster of Glenmore Park; Nicholas Fernandez of Cranebrook, Lowanna Gibson of St Marys and Courtney Talbot of Cranebrook when they competed in the National Ice Skating Championships held in Perth, Western Australia during August 2005.
18.	a donation of $150.00 was made to NSW Combined High Schools Sports Association with a request that it be passed on to Charlotte Wilson of St Clair when she competed in the National Combined High Schools Cross Country Championships held in Adelaide, South Australia during August 2005.
19.	a donation of $400.00 was made to Skate NSW with a request that $100.00 each be passed on to Lilian Popovic of South Penrith; Rebecca & Kathryn Christensen of South Penrith and Yvette Colonna-Morrow of Lapstone (member of Penrith Team Skatel Artistic Roller Skating Club) when they competed in the 2005 Australian National Artistic Skating Championships which were held in Dandenong, Victoria during September 2005.

*Ordinary Meeting*	*31 October 2005*
*Appendix 1 - 180 Great Western Highway, Kingswood*

1.	a donation of $600.00 was made to Skate Australia with a request that $300.00 each be passed on to Michael and Jason Haynes of St Clair to help defray their travelling expenses when they competed in the World Inline Hockey Championships held in Paris, France during July 2005 and World Junior Cup & Junior Olympics held in New Orleans, USA during July-August 2005, respectively.
2.	a donation of $300.00 was made to Swimming Australia with a request that it be passed on to Peter Leek of St Marys to help defray his travelling expenses when he competed in the 2005 USA Paralympic National Swimming Championships held in Portland, Oregon, USA during July 2005.
3.	a donation of $1800.00 was made to NSW Junior Baseball League with a request that $300.00 each be passed on to Andrew Lewis & Mitchell Edwards of St Clair, Grant Piccoli of South Penrith, Bradley Walker of Penrith, Jessie Burnham of Emu Plains and Michael Margerison of Penrith to help defray their travelling expenses when they competed in the Baseball Goodwill Games held in St Louis, Missouri USA during August 2005; IBA Pan Pacific Tournament held in Manila, Philippines during August 2005 and the South Asian Tournament held in Singapore during October 2005.
4.	a donation of $600.00 was made to NSW Baseball League with a request that $300.00 each be passed on to Tate Dimech of Berkshire Park and Dean Hazell of South Penrith to help defray their travelling expenses when they competed in the International Baseball Tournament held in Beijing, China during August 2005.
5.	a donation of $300.00 was made to Gridiron Australia with a request that it be passed on to Mike Harvey of Kaleen, ACT (member of Penrith Outlaws Gridiron Team) to help defray his travelling expenses when he competed in the Gridiron World Games held in Duisburg, Germany during July 2005.
6.	a donation of $1200.00 was made to Australian Dragon Boat Federation with a request that $300.00 each be passed on to Fiona Gray of Erskine Park; Robin Griffiths of Woodford, Toni Smith of Hazelbrook and George Dimech of Cranebrook (members of Penrith Pendragon Panthers Dragon Boat Team) to help defray their travelling expenses when they competed in the World Dragon Boat Championships held in Berlin, Germany during August 2005.
7.	a donation of $300.00 was made to Skate Australia with a request that it be passed on to Kayd Anderson of Wallacia to help defray his travelling expenses when he competed in the ASA Inline Skating World Championships held in Sacramento, USA during September 2005.
8.	a donation of $300.00 was made to Coerver Coaching Oceania with a request that it be passed on to Shayne Ardle of Bidwill (student at Kingswood High School) to help defray his travelling expenses when he competes in the Coerver Coaching Oceania Soccer Tournament being held in the United Kingdom during January 2006.
9.	a donation of $300.00 was made to School Sport Australia with a request that it be passed on to Ben Gough of Glenmore Park to help defray his travelling expenses when he competes in the Australian Schoolboys Soccer Tour of UK and Ireland during January-February 2006.

Ordinary Meetings

NATIONAL ANTHEM AND PRAYER

STATEMENT OF RECOGNITION

PRESENT

CONFIRMATION OF MINUTES

DECLARATIONS OF INTEREST