14 June 2006

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 19 June 2006 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours Faithfully

 

Alan Travers

General Manager

 

BUSINESS

 

1.           APOLOGIES

 

2.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Jim Aitken - 27 May 2006 to 20 June 2006 inclusive.

Councillor Susan Page - 5 June 2006 to 26 June 2006 inclusive.

Councillor Steve Simat - 19 June 2006 to 8 July 2006 inclusive.

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 5 June 2006.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Interest

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Valley Community Safety Partnership Meeting - 29 March 2006.

Local Traffic Committee Meeting - 5 June 2006.

 

9.           MASTER PROGRAM REPORTS

 

10.         URGENT REPORTS (to be dealt with in the master program to which the item relates)

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 19 June 2006

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

master program reports

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 



MEETING CALENDAR

 

June 2006 - December 2006

 

 

TIME

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

 

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Meetings

7.00 pm

 

3

7

4ü

9

6

4

 

19*

17

21#+

18

25^

23

20 #

11

 

Policy Review Committee

7.00 pm

26

24

28

11@

16

13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

#  Meetings at which the Management Plan quarterly reviews are presented.

v Meeting at which the Draft Management Plan is adopted for exhibition

 

#+  General Manager’s presentation – half year and end of year review

*   Meeting at which the Management Plan for 2006/2007 is adopted

 

@  Strategic Program progress reports (only business)

ü  Meeting at which the 2005/2006 Annual Statements are presented

 

 

^   Election of Mayor/Deputy Mayor (only business)

 

·         Council has two Ordinary Meetings per month where practicable.

·         Extraordinary Meetings are held as required.

·         Policy Review Meetings are held monthly where practicable.

·         Members of the public are invited to observe meetings (Ordinary & Policy Review) of the Council.

Should you wish to address Council, please contact the Executive Officer, Glenn McCarthy on 47327649.

 

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 5 JUNE 2006 AT 7:03PM

NATIONAL ANTHEM AND PRAYER

The meeting opened with the National Anthem and Prayer read by 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 Kaylene Allison, David Bradbury (arrived at 7.32 pm), Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, Pat Sheehy AM, and Steve Simat (arrived at 7.44 pm).

 

APOLOGIES

845  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that apologies be accepted from Councillors David Bradbury and Steve Simat.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken for the period 27 May 2006 to 20 June 2006 inclusive.

Leave of absence was requested for Councillor Susan Page for the period 5 June 2006 to 26 June 2006, by Councillor Pat Sheehy.

846  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that leave of absence be granted to Councillor Susan Page for the period 5 June 2006 to 26 June 2006 inclusive.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 15 May 2006

847  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the minutes of the Ordinary Meeting of 15 May 2006 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

SUSPENSION OF STANDING ORDERS

848  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7.06 pm.

 

Councillor Greg Davies left the meeting, the time being 7.06 pm.

 

Mr John Morris

Report and Recommendations of the Policy Review Committee Meeting held on 22 May 2006 - Item 6 - Rezoning Application to amend Employment Zone - Waterside Estate, Corner Cranebrook and Andrews Roads, Cranebrook

Speaking AGAINST the Recommendation

 

Mr Morris was speaking as a representative of a nearby Landowner, OI Asia Pacific (ACI Operations Pty Ltd).

 

Mr Morris stated that, as a large industrial employer to the south of this proposed development, ACI Operations Pty Ltd wished to express serious concern with respect to the proposed changes to the use (and rezoning) of the 2(h) Residential  (Services) zone on the Waterside Green Development to the north (across Andrews Road) of their Penrith glass container manufacturing operation.

 

Councillor Greg Davies returned to the meeting, the time being 7.08 pm.

 

849  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor David Bradbury that an extension of time be granted, the time being 7.12 pm.

 

Mr Morris addressed the key concerns of ACI Operations, regarding this proposed development, as follows:

  • Acoustic impact on this 2(h) zone
  • Visual amenity
  • Use of barriers to reduce acoustic impact
  • Removes previously ‘agreed’ buffer zone between sensitive land use and heavy industry
  • Flies against previous discussions between Penrith Council, the developers and industry
  • Threatens our pre-existing long term rights and consequently the high levels of employment in this area
  • Leaves us exposed to community complaint from residences right across the road from a heavy industrial plant

RESUMPTION OF STANDING ORDERS

850  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy that Standing Orders be resumed, the time being 7.18 pm.

 

Mayoral Minutes

 

3        Launch of Penrith City Indigenous Homelessness Action Research Project Report and Resources                                                                                                                           

Councillor Mark Davies left the meeting, the time being 7.19 pm.

 

Councillor Mark Davies returned to the meeting, the time being 7.21 pm.

 

851  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the Mayoral Minute on Launch of Penrith City Indigenous Homelessness Action Research Project Report and Resources be received.

 

1        Relationship between Penrith City and Lachlan Shire                                                     

852  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow:

          That:

 

1.             The Mayoral Minute on the Relationship between Penrith City and Lachland Shire be received.

2.             Council draft a friendship agreement for consideration by both Lachlan Shire and Penrith City Council.

 

2        Businesses Set to Become More Sustainable                                                                  

853  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the Mayoral Minute on Businesses Set to Become More Sustainable be received.

 

Councillor David Bradbury arrived at the meeting, the time being 7.32 pm.

 

Ian Billings from Ecosmart addressed the meeting in relation to the sustainability program undertaken with local businesses and the Mayor presented the local businesses involved with a certificate of participation.

 

Reports of Committees

 

1        Report and Recommendations of the Disability Access Committee held on 5 April 2006       

854  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Lexie Cettolin that the recommendations contained in the Report and Recommendations of the Disability Access Committee held on 5 April 2006 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 22 May 2006                                                                                                                                     

855  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the recommendations contained in the Report and Recommendations of the Policy Review Committee Meeting held on 22 May 2006 be adopted, it being noted that Council had resolved to move into Committee of the Whole to consider Item 7 and Councillor Ross Fowler had left the Chamber during the discussion and voting on Item 7, having declared a pecuniary interest in that item earlier in the meeting.

 

MASTER PROGRAM REPORTS

 

The City as a Social Place

 

1        Senior's Week 2006                                                                                                           

856  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri that the information contained in the report on Seniors Week 2006 be received.

 

2        Children's Services Regulations                                                                                        

857  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Children's Services Regulations be received

2.     Proposed licensees and licensees seeking structural alterations to buildings be made aware of their obligations under the Regulations and comply

3.     Children’s Services establish and maintain a softfall testing programme and softfall upgrades to meet the requirements of the Regulations and that centre budgets reflect this

4.     Funds be set aside in relevant training budgets for child protection and management and administration training for relevant staff in Children’s Services

5.      Children’s Services develop a strategy to ensure accountabilities under the new Regulation are met and compliance sustained. 

6.      A further report be presented to Council on the feasibility of Council becoming an accredited certifier of softfall and the extension of the softfall testing programme to include playgrounds in Council parks and reserves.

 

5        Waterside Estate, corner of Cranebrook and Andrews Roads, Cranebrook - Request to Vary Works-in-Kind Procedures                                                                                                

858  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Waterside Estate, corner of Cranebrook and Andrews Roads, Cranebrook - Request to Vary Works-in-Kind Procedures be received

2.     Stockland be advised that Council agrees to the delivery of Works-in-Kind in the manner outlined in this report.

 

7        Development Application Proposed Multi Unit Housing at Lot 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood. Applicant: Amflo Pty Ltd;  Owner: Luvamo Pty Ltd DA05/1023

859  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Development Application Proposed Multi Unit Housing at Lot 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood be received.

2.     Development Application Proposed Multi Unit Housing at Lot 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood be approved, subject to the following conditions:

Standard Conditions

 

2.1  A001 – Approved Plans

       A011 – Engineering Works DCP

       A014 ­- Lot Consolidation (request prior to CC/registration prior to OC)

       A038 - Lighting of common areas

       D001 – Sediment & Erosion control Measures

       D002 – Spraygrass

       D009 – Covering of waste storage area

       D010 – Appropriate disposal of excavated waste

       E01A – BCA Compliance

       E006 – Accessibility

       E008 – Fire Safety List

       E009 – Annual Fire Safety

       G002 – Section 73

       G004 – Integral Energy

       H001 – Stamped Plans & Erection of Site Notice

       H002 – All forms of Construction

       H003 – Traffic Management

       H026 -  Insulation for Multi Unit Housing

       H028 -  Hot water system

       H029 -  Mechanical ventilation

       H041 – Hours of Work

       I003 – Roads Act Approval (1)

       I004 – Roads Act Approval (2)

       K001 – Engineering Works DCP

       K002 – WAE drawings and certificates

       K003 – Drainage Design

       K004 – Easement Creation

       K009 – On Site Detention

       K025 – Pavement Seal

       K027 – Carparking

       K036 – Maintenance Bond

       K037 – Performance Bond

       L001 – General Landscaping

       L002 – Landscape Construction

       L003 – Landscape Report

       L008 – Tree Preservation Order

       N001 – S.94 Footpath $2010.00

       N002 – S.94 Open Space $21480.00

       N003 – S.94 Cultural $2670.00

       N004 – S.94 Library facilities $7290.00

       N005 – S.94 Kingswood Neighbourhood Centre $3390.00

       P001 – Applicants Cost

       P002 – Councils Fees

       Q001 – Notice of Commencement

       Q006 – Occupation Certificate

 

Special Condition

 

2.2  Units 1 & 3 are to be accessible via provision for an internal stair lift and/or an accessible path of travel from the common pedestrian path in accordance with AS1428. Details are to be provided for consideration and approval prior to the issue of Construction Certificate

 

2.3  Amended plans are to be received and approved by Council prior to the issue of a Construction Certificate that illustrate the deletion of the first floor balconies on the southern elevation

 

3.           Those persons who made submissions be informed of Council’s decision.

 

Councillor Steve Simat arrived at the meeting, the time being 7.44 pm.

 

3        Evaluation on the trial installation of a Community Sharps Disposal Bin in East Lane Car Park, St Marys                                                                                                                   

860  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Evaluation on the trial installation of a Community Sharps Disposal Bin in East Lane Car Park, St Marys be received

2.     The Community Sharps Disposal Bin be a permanent installation at its current location in the East Lane Car Park under the continued management of the Sydney West Needle and Syringe Program with a review of its usage provided to Council on an annual basis.

 

4        Tender Process for the Proposed Glenmore Park Child and Family Precinct                

861  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Karen McKeown

That:

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

2.     Jackson Teece be appointed as the Architect to complete the masterplan, design and documentation in accordance with their tender submission for the proposed Glenmore Park Child and Family Precinct project

3.     A further report be submitted for Council’s consideration when a more detailed design and project costing is prepared, prior to the tender for construction.

 

6        Werrington Army Signals Land                                                                                         

862  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Greg Davies

That:

          1.      The information contained in the report on Werrington Army Signals Land be received.

          2.      A further report be provided to Council after the proposed meeting with the Department of Planning and RailCorp which focuses on advancing gazettal of the Local Environmental Plan for the Werrington Army Signals Land.

 

The City In Its Environment

 

8        Street Litterbin Waste Collection and Disposal Service Tender                                     

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

That:

1.     The information contained in the report on Street Litterbin Waste Collection and Disposal Service Tender be received.

2.     The alternate proposal offered by Remondis to collect the street litter bins at $1.486 per street litterbin per night for a period of 15 months with Council accepting responsibility for disposal costs be accepted.

3.     The common seal of Council be affixed to necessary documentation.

 

The City Supported by Infrastructure

 

9        Application for Funding to the NSW State Emergency Service                                       

864  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Application for Funding to the NSW State Emergency Service be received.

2.     Council accepts the offer of $50,000 from the NSW State Emergency Service to co-fund a new amenities building for the Penrith SES Volunteers.

3.     Internal reserves provide the funding required in 2006-07, to be repaid when the grant is received.

 

10      Various Tenders for the provision of Materials & Services                                            

865  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri

That:

1.   The information contained in the report on Various Tenders for the provision of Materials & Services be received.

2.   The following tenders, as detailed in the appended evaluation report, be accepted and agreements established with each of the recommended suppliers as noted for an initial period of 2 years with an option to extend the agreements for a further 12-month period subject to satisfactory performance:

Tender

Preferred Supplier

Secondary Supplier(s)

12-05/06

Concrete Coring & Sawing

Westcut Concrete Sawing Services

Chemcut

21-05/06

Concrete pipes & Drainage pits

Rocla

N/A

13-05/06

Readymix Concrete

Western Suburbs Concrete

PF Concrete and Hi-Tec Concrete

20-05/06

Quarry Products, Top soil & turf

(Panel of approved suppliers, based on appropriate quality, availability, suitability and price)

Concrete Recyclers, Benedict, Hanson Construction, Hy-Tec Ind, Readymix, West Syd Blowers, HI-Quality, Sth Penrith S&S, Camden Soil Mix, Knezevic, A& J Patten, Astec

 

11-05/06

Traffic Control Services

PCK Traffic

Orbital Traffic Management

14-05/06

Fence Supply & Installation

Metal Fencing Specialists

Olympic Fencing

3.   The Director of City Operations is authorised to seek supply from the next lowest tenderer should the nominated supplier not be able to supply the goods or services or not be able to supply within a suitable timeframe.

4.   In respect of bulk material/ quarry products the product most suitable in regard to quality, price and availability for the required work be obtained from the appropriate company included on the panel of approved suppliers.

 

11      Access across Schoolhouse Creek south of Mulgoa Road                                              

866  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Access across Schoolhouse Creek south of Mulgoa Road be received.

2.     An amount of $225,000 be allocated in 2006/2007 from the Glenmore Park Section 94 Plan for the construction of the pedestrian bridge across Schoolhouse Creek, Regentville.

 

14      Demolition of Public Toilets                                                                                               

867  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Demolition of Public Toilets be received.

2.     Demolition of the public toilet blocks at Weir Reserve, Poplar Park and Dan Crescent be approved.

 

12      Supplementary AusLink Roads to Recovery Program                                                    

868  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Supplementary AusLink Roads to Recovery Program be received.

2.        Council accept the grant offered in the amount of $916,578 under the Supplementary Auslink Roads to Recovery Program for the period 1 July 2006 to 30 June 2009.

3.        Council send a letter of thanks to the Minister for Roads.

Councillor Rumble left the meeting, the time being 8.04 pm.

 

13      2006/2007 Auslink National Black Spot Program                                                            

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

          That:

1.     The information contained in the report on 2006/2007 Auslink National Black Spot Program be received.

2.      Council accept the grants offered under the 2006/2007 Auslink National Black Spot Program, as detailed in the report.

3.      A further report be presented to Council concerning the intersection of the Northern Road and Sherringham Road.

 

Leadership and Organisation

 

15      Mayors' Asia Pacific Environmental Conference 2006                                                    

870  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on the Mayors' Asia Pacific Environmental Conference 2006 be received.

2.     The sustainability commitments by Council detailed in the report be endorsed.

 

16      Australian Local Government Women's Association (NSW Branch) Conference         

871  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison that the information contained in the report on Australian Local Government Women's Association (NSW Branch) Conference be received.

 

17      2006 Remuneration Tribunal Determination                                                                    

872  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on 2006 Remuneration Tribunal Determination be received

2.     The fees payable to the Mayor and Councillors be set at the maximum level permitted.

 

18      GST Compliance Review                                                                                                   

873  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison that the information contained in the report on GST Compliance Review be received.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Removal of play equipment                                                                                      

Councillor Greg Davies requested that prior to any parks equipment being removed, community consultation be prepared for residents within the catchment of the park.  Consultation to include why any equipment is being removed and what alternatives are to be put in place.

Councillor Rumble returned to the meeting, the time being 8.06 pm.

Councillor Cettolin left the meeting, the time being 8.06 pm.

874  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

875 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that prior to any parks equipment being removed, community consultation be prepared for residents within the catchment of the park.  Consultation to include why any equipment is being removed and what alternatives are to be put in place.

 

Councillor Cettolin returned to the meeting, the time being 8.08 pm.

 

QWN 2      Wallacia Progress Association Hall                                                                         

Councillor Karen McKeown requested that a donation of $3,800 from South Ward Voted Works be made to Wallacia Progress Association to aid in the provision of materials for rebuilding of a verandah and rail on the Hall.  These  repairs are needed for Wallacia’s Centenary celebrations in July.

876  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

877 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that a donation of $3,800 from South Ward Voted Works be made to Wallacia Progress Association to aid in the provision of materials for rebuilding of a verandah and rail on the Wallacia Progress Association Hall. 

 

QWN 3      Attendance of Councillor Rumble at Local Government Association Conference 2006 

Councillor Ross Fowler requested that Councillor Garry Rumble be authorised to attend the upcoming Local Government Association conference at Leura, as an observer for Penrith City Council.

878  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jackie Greenow that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

879 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jackie Greenow that Councillor Garry Rumble be authorised to attend the upcoming Local Government Association conference at Leura, as an observer for Penrith City Council.

 

QWN 4      DA 06/0564 32 Matthews Street, Emu Heights                                                      

Councillor Ross Fowler requested that no further action be taken on DA 06/0564 until privacy issues relating to neighbouring properties are resolved.  Councillor Fowler requested a memo reply on the outcome of these issues.

 

QWN 5      East Lane Toilet Block                                                                                             

Councillor Steve Simat requested a report to Council regarding the feasibility of demolishing the East Lane toilet block.  This relates to its poor visual state, cleanliness and hygiene issues, graffiti and vandalism issues and concerns raised relating to incidents of drug use.  The report is also to include possible alternate sites for toilet blocks in the St Marys area.

 

QWN 6      Leave of Absence                                                                                                     

Councillor Steve Simat requested leave of absence for the period 19 June 2006 to 8 July 2006 inclusive.

880  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

881 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that leave of absence be granted to Councillor Steve Simat for the period 19 June 2006 to 8 July 2006 inclusive.

 

QWN 7      Judges Place Car Park                                                                                             

Councillor Mark Davies requested a memo reply on the status of the report regarding the extension of an extra two levels of car parking at the Judges Place Car Park.

 

QWN 8      Temporary Car Park in front of Judges Place Car Park                                        

Councillor Mark Davies requested a memo reply regarding the feasibility of upgrading and or resurfacing the temporary car park in front of Judges Place Car Park, facing Woodriff Street.  The area is currently being used as all day car parking and is in very bad condition.

 

QWN 9      Emu Hall, Great Western Highway, Emu Plains                                                     

Councillor Garry Rumble requested a memo to all Councillors concerning the status of recent building works at Emu Hall, Great Western Highway, Emu Plains.

 

QWN 10    Lewers Family representation on Board of Penrith's Cultural Facilities               

Councillor Garry Rumble requested that an urgent report be brought to the next Council Meeting, being 19 June 2006 concerning Lewers family representation on the Board of Penrith’s Cultural Facilities.

882  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Kevin Crameri that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

883 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Kevin Crameri that an urgent report be brought to the next Council Meeting, being 19 June 2006 concerning Lewers family representation on the Board of Penrith’s Cultural Facilities.

 

QWN 11    Sunday Markets                                                                                                       

Councillor Kevin Crameri requested a report be brought to Council as soon as possible on the status of Sunday Markets in the Penrith area.  In particular, the report is to assess the feasibility of holding the markets at the “At Home” homemaker centre in Penrith and at the Allen Place Car Park.

 

QWN 12    Bus Shelter - Bennett Road, St Clair                                                                       

Councillor David Bradbury requested a memo reply on the feasibility of providing a bus shelter on Bennet Road, opposite St Clair shops (at the front of the Child Care Centre).

 

QWN 13    Street Lights - Henry Street, Penrith                                                                       

Councillor David Bradbury requested that the replacement of light globes on street lights in Henry Street at the front of the ATO Building, be arranged.

 

QWN 14    Roadworks - Explorers Way, Greenbank Drive, Francis Street & Dunheved Road     

Councillor David Bradbury requested a memo reply on the status of the traffic investigation into Explorers Way, St Clair.  Councillor Bradbury also requested an update on the proposed works at the intersection of Greenbank Drive, Francis Street and Dunheved Road.

 

QWN 15    Lighting Improvements to Doug Rennie Reserve, Kingswood                              

Councillor David Bradbury requested that a total of $6,000 be voted jointly out of South Ward and East Ward voted works ($3,000 from each) for lighting improvements at Doug Rennie Reserve, Kingswood.

884  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

885 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Mark Davies that a total of $6,000 be voted jointly out of South Ward and East Ward voted works ($3,000 from each) for lighting improvements at Doug Rennie Reserve, Kingswood.

 

QWN 16    Location of Nuclear Power Stations                                                                         

Councillor David Bradbury requested that Council write to the Prime Minister requesting that the government rule out the location of any nuclear power station in Western Sydney, specifically ruling out any sites within the Penrith LGA and the Badgerys Creek airport site.  A copy of this letter is to be provided to all Councillors.

886  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

887 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy that Council write to the Prime Minister requesting that the government rule out the location of any nuclear power station in Western Sydney, specifically ruling out any sites within the Penrith LGA and the Badgerys Creek airport site.  A copy of this letter is to be provided to all Councillors.

 

Committee of the Whole

 

888  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8.29 pm.

 

1        Presence of the Public

 

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

 

City In Its Environment

 

2        Street Litterbin Tenderers Financial Report                                                                    

 

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.

 

 

Leadership and Organisation

 

3        Property Matter - Council Property - Lease of Shop 1, 144 Henry Street, Penrith       

 

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.

 

The meeting resumed at 8.38 pm and the General Manager reported that the Committee of the Whole met at 8.29 pm on Monday, 5 June 2006, the following being present:

 

His Worship the Mayor Councillor John Thain, Councillors Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, Pat Sheehy AM, and Steve Simat

 

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.

 

CONFIDENTIAL BUSINESS

 

2        Street Litterbin Tenderers Financial Report                                                                    

CW2 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler that the information contained in the report on Street Litterbin Tenderers Financial Report be received.

 

3        Property Matter - Council Property - Lease of Shop 1, 144 Henry Street, Penrith.      

CW3 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler

That:

1.     The information contained in the report on Property Matter - Council Property - Lease of Shop 1, 144 Henry Street, Penrith. be received.

2.     Council approve a further 2 year Lease to the existing tenant in accordance with the terms and conditions as outlined in the report.

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

 

ADOPTION OF Committee of the Whole

 

889 RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Greg Davies that the recommendations contained in the Committee of the Whole and shown as CW1 to CW3 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 8.40 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·   Their name;

 

·   Organisation or group they are representing (if applicable);

 

·   Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·   Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·      The interest of the speaker (e.g. affected person, neighbour, applicant,         applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

 

Steve Hackett

Public Officer

02 4732 7637                                                        August 2003

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership                1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 June 2006  7

 

 



Ordinary Meeting

19 June 2006

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Valley Community Safety Partnership MEETING

HELD ON 29 March, 2006

 

 

PRESENT

Councillor Karen McKeown; Councillor Kaylene Allison;

 

David Burns, Penrith City Council; Erin Davidson, Penrith City Council; Katerina Tahija, Penrith City Council; Lisa Jenner, Penrith City Council; Jeni Pollard, Penrith City Council; Kylie Howard, Penrith City Council; Lawrence Bonello, Penrith Local Area Command; Paul Haines Penrith Local Area Command; Julie Passau, Penrith Local Area Command; Laura Williams, South Penrith Youth Service; Debbie Moore, St Marys Local Area Command; Ray Filewood, St Marys Local Area Command; Kristy Williams, St Marys Local Area Command; Yvonne Howie, Penrith Valley Chamber of Commerce; Julie Page, Needle & Syringe Program Health; Maree Byrnes, North St Marys Neighbourhood Centre, WINC; Gladys Reed, Penrith City Centre Association; Anthony Thomas, Railcorp;

 

APOLOGIES

Apologies were received and accepted from Councillor John Thain; Yvonne Perkins, Penrith City Council; Ben Feszczuk, Penrith Local Area Command; Wendy Herne, St Clair – Erskine Park Community Safety Association.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Rumble for the period 13 March 2006 to 29 March 2006 inclusive.

 

MASTER PROGRAM REPORTS

 

The City as a Social Place

 

1        Penrith Valley Community Safety Plan - Key Area Strategy Development and Project Updates.   

David provided the partnership members with an updated report on the status of a number of strategy development and project updates as detailed below.

 

Key Area 1: Personal Safety

Domestic Violence Website

The DV website maintains a high level of activity. Training for Community Safety staff in applying changed to the website is currently being scheduled with the website designer, to enable the website to be updated and include additional information determined by a working group from the Nepean Domestic Violence Network.

Domestic Violence Information Stand – Westfield Penrith

The Domestic Violence/Information Stand, currently located in Westfield Penrith, was discussed at the Nepean Domestic Violence Network annual Planning Session which was held on the 23rd March. Discussion included the logistics of relocation the stand to an alternative shopping centre within the LGA. More discussion on this will be held in a small working group of members of the Nepean Domestic Violence Network in the coming weeks. More information on this will be brought to the Partnership at a later meeting.

Key Area 3: Fear of Crime

Report It, Don’t Ignore It Project Launch

This project was launched at the Joan Sutherland Centre on the 8th of December 2005.

The original first print run of 5000 copies of the “Report It, Don’t Ignore It” kits have now been distributed and a second print run has been ordered and received. To date the kits have been distributed to the following:

·    Various Penrith City Council Departments

·    Penrith and St Mary’s Police

·    Neighbourhood and Community Centres

·    The Warehouse Youth Health Service

·    Local members for Lindsay, Londonderry, Mulgoa & Penrith

·    Nepean Domestic Violence Network

·    Various Commercial businesses at Jamisontown

·    All Penrith Council Children’s Centres

·    Penrith City Council Libraries

·    Department of Housing

·    Local Residents

 

It is too early to measure the impact of the program on Police statistics to date.

A program is being developed to promote the “Report It, Don’t Ignore It” program in shopping centre locations across the city over the next few months.

 

Key Area 4: Issues affecting people and places.

Extension of the Cranebrook Town Centre  - Sharing the Public Domain Project.

David advised that a funding submission seeking funds to expand the Cranebrook Town Centre project had been submitted to the Attorney General’s Department. Announcements concerning the funding are expected shortly.

 

Key Area 5: Theft of or from a Vehicle

Annual Park Smarter Campaign

This years Park Smarter program was launched on the 14th of December at the Caltex Service Station, Mulgoa Road, Jamisontown. Other Park Smarter kits were distributed through a number of Caltex Service Stations across the city. Park Smarter signage and pavement markings were renewed in a number of car parks in the town centre.

Operation Bounce Back

Operation Bounce Back was to be launched in mid April, however due to staff being on leave the launch has had to be deferred to a later date in May 2006.

 

PVCSP 3 RECOMMENDED that the information contained in the report on the Penrith Valley Community Safety Plan - Key Area Strategy Development and Project updates be received.

 

 

2        Graffiti Minimisation sub group update 

Citywide Graffiti Minimisation Strategy

David advised that graffiti is still a major issue of concern within the LGA and that graffiti removal and minimisation will be a major focus in the development of Council’s 2006/2007 Management Plan.

Australian Graffiti Register

The web based Australian Graffiti Register has been established and the collection of photographic data is being entered onto the register. Penrith and St Mary’s Police have been provided with log on details to access the web site. This database is now an important tool for Council to be able to log and record incidents of graffiti in the local government area.

Attempts have been made by Community Safety Staff to approach businesses owners in the ‘Graffiti Free’ trial area of Batt Street. These attempts have been unsuccessful due to the poor response from the business owners. Due to this poor response a different approach is required to address graffiti in this trial area.

Council’s Landuse Compliance Team

An audit was commenced by Council’s Landuse Compliance Team of businesses for compliance with conditions of consent for graffiti management in February 2006. This audit is focusing on CBD areas of the city, prominent gateway locations and commercial areas such as Emu Plains and Kingswood. The audit is currently 50% complete.

The aim of the program is to encourage property owners to remove and maintain their premises in a graffiti free state. A number of businesses have cooperated to date.

 

NSW Police Actions, since the last meeting include:

·    Sent out information packs to Retailers of Spray Cans re Sale of Spray Cans

·    Sent out information sheet to Retailers of Texta Pens re sale and problems

·    Attended first Glenmore Park Residents Action Group Meeting

·    Continued collation of ‘Tags’ by CPO as received by the community

·    Arrests made by the Graffiti Task Unit for tags in Penrith Area

·    Conducted covert operation targeting graffiti

·    Attended second Glenmore Park Residents Action Group Meeting

 

Gladys informed the partnership that discussions have been held with owners/agents of commercial properties in the CBD concerning a clause in lease documents relating to graffiti removal. This clause would state that it is the responsibility of the lessee not the property owner to remove graffiti.

David informed the partnership that after September 2006 all retail outlets will be required to have their spray cans removed from direct point of sale (no longer on the shelf) as a result of proposed new state government legislation.

 

PVCSP 4    RECOMMENDED that the information contained in the report on Graffiti Minimisation sub group update be received.

 

 

3        Evaluation on the trial installation of a Community Sharps Disposal Bin in East Lane Car Park, St Marys.      

David advised the partnership that at its meeting of the 20th June 2005, Council resolved to approve the installation of a Community Sharps Disposal Bin in the East Lane Car Park St Marys for a trial period of six months, as requested by the Sydney West Needle and Syringe Program. This six-month trial is now completed and the Sydney West Needle and Syringe Program have provided an evaluation on the usage of the trial bin. The following information was included in the evaluation:

·    38 kilograms of waste has been collected during the six-month trial period. This would equal an estimated disposal rate of 7,600 needles.

·    Return estimates for St Marys Community Sharps Bin were:

o September       2005        1,500 needles

o October           2005  -        1,000 needles

o November       2005  -        1,600 needles

o December        2005  -        1,800 needles

o January            2005 -        1,700 needles

·    The bin was monitored twice weekly to assess any problems at the site. There were no incidences of inappropriate needle litter in the vicinity of the bin.

·    Approximately 80% of the waste collected is estimated to be medical waste.

 

The partnership endorsed the recommendation to support the permanent installation of the Sharps Disposal Bin at this location. This will require a further report to Council to seek approval. Prior to this report the information concerning the use of the bin will be provided to business owners and operators surrounding the bin location, seeking comment on the trial period.

The Partnership also supported the Sydney West Needle and Syringe Program request for the development of a Community Sharps Disposal Brochure providing locations of all sharps disposal bins within the Penrith LGA and information on the safe disposal of sharps.

 

PVCSP 5 RECOMMENDED That:

1.The information contained in the report on the evaluation on the trial installation of the Community Sharps Bin in East Lane Car Park St Marys be received.

2. The report recommends that the Penrith Valley Community Safety Partnership support the permanent installation of the Community Sharps Disposal Bin at its current location in East Lane Car Park, St Marys.

3. The Penrith Valley Community Safety Partnership support the development of a Community Sharps Disposal Brochure providing location of all bins within the Penrith LGA and information on the safe disposal of sharps.

 

 

 

Regular Items

 

Police Statistics

 

St Marys Police – Ray Filewood

 

Category

Increase Or Decrease

Average Monthly

Assault

Fluctuating

106

Robbery

15

Break and Enter

-

84

Stealing

 

SMV

49

Malicious Damage

155

 

Assaults relating to Domestic Violence – 40-60 %

 

Penrith Police – Julie Passau

 

Category

Increase Or Decrease

Average Monthly

Assault

98

Robbery

10

Break and Enter

70

Stealing

185

SMV

45

Malicious Damage

130

 

Assaults relating to Domestic Violence – 28 %

 

 

b)      What’s in the Media:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Business:

 

St Marys Local Area Command Re-Building

 

Ray Filewood advised the Partnership that tenders have been called for the construction of the new St Marys Police Station. He also advised that whilst the building is under construction the St Marys LAC will be temporarily relocated at Regentville.

 

Youth Week

 

Katerina spoke about Council’s Youth Week Initiatives and that they are holding festivals and stalls in crime hot spots around the LGA to try and give out a positive message to the community.

 

The activities will be a proactive approach to engaging with young people of the LGA and will be sufficiently supervised.

 

Graffiti Removal by Privately Owned Companies

 

Paul Haines questioned whether the Council had received any further feedback on privately owned companies such as Integral Energy and Telstra removing graffiti from their own property.

 

David informed the Partnership that the Member for Penrith, Karen Paluzzano, at the request of Council had made contact with the relevant Ministers responsible for the various Government Authorities, e.g. Integral Energy, RTA to date the Member for Penrith has advised through the Minister that Integral Energy is awaiting a response from Council. Railcorp have also been shown as willing participants for the program.

 

The basic idea behind this program is for Council to look for funding from these agencies to enable it to have the resources to remove graffiti from property owned by the various government authorities.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:10pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 29 March, 2006 be adopted.

 

 


Ordinary Meeting

19 June 2006

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 June, 2006

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Councillor McKeown – Representative for the Member for Mulgoa, Councillor Sheehy – Representative for the Member for Londonderry, Sergeant Scott Smith – Penrith Police, Senior Constable Mark Elliott – St Marys/Regentville Police, Richard McHenery – Roads and Traffic Authority

 

IN ATTENDANCE

 

Ron Watson – Westbus, Rosemarie Barretto – Senior Traffic Engineer, Stephen Barnes – Senior Traffic Engineer, Sharon Maddox – Road Safety Co-ordinator, Nasiha Kadavath – Trainee Engineer, Steven Purvis - Ranger

 

 

APOLOGIES

Apologies were received and accepted from Deputy Mayor – Councillor Greenow, David Burns – Asset Manager

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

1        Glossop Street, St Marys - Parking Problems

RECOMMENDATION

That:

1.       The information contained in the report on Glossop Street, St Marys - Parking Problems be received

2.       The introduction of additional parking spaces within the central median of Glossop Street, St Marys not be supported.

3.       The introduction of an additional through lane only within the central median of Glossop Street, St Marys not be supported.

 

 

2        Parker Street, Kingswood - Request for Provision of Parking Restrictions 

RECOMMENDATION

That:

1.       The information contained in the report on Parker Street, Kingswood - Request for Provision of Parking Restrictions be received

2.       The matter be referred to the Roads and Traffic Authority for their investigation into providing No Parking signs between the driveways of the properties on the eastern side of Parker Street, between Derby Street and Stafford Street, Kingswood.

3.       The applicant be advised of the Committee’s decision.

 

 

3        Jack Williams Drive, Penrith - Request for Provision of Parking Restriction       

RECOMMENDATION

That:

1.       The information contained in the report on Jack Williams Drive, Penrith - Request for Provision of Parking Restriction be received.

2.       Part-time No Parking (9.00am-5.00pm) zone be provided on the southern side of Jack Williams Drive from the existing No Stopping zone on the corner of Castlereagh Road to the west at the existing part-time No Stopping (9.00am-5.00pm) restriction near Australia Post office property.

3.       The No Parking zone on the northern side of Jack Williams Drive that has originally been imposed on the development consent for the Nepean Motor Group be modified to part-time No Parking (9.00am-5.00pm) for a distance of about 140m from the existing No Stopping sign near Castlereagh Road to the west (ie, to the existing No Stopping sign) near the intersection of Borec Road.  The appropriate signs to be provided by the applicant/developer as part of the DA consent condition, at no cost to Council.

4.       The developer for the Nepean Motor Group and Subaru dealership and the applicant, Col Wallis Motors, be advised of this proposal accordingly.

 

 

4        Russell Street, Emu Heights - Sight Distance Problems   

RECOMMENDATION

That:

1.       The information contained in the report on Russell Street, Emu Heights - Sight Distance Problems be received.

2.       “No Stopping” signs be installed ten metres (10) south of the southern side of the driveway of number 129 Russell Street, Emu Heights.

3.       The “No Stopping” sign that is located approximately ten (10) metres to the north of the driveway be moved south to align with the northern side of the driveway of 129 Russell Street, Emu Heights

4.       The situation continue to be monitored for safety issues.

5.       All affected business owners be advised.

6.       The missing No Stopping sign (associated with the pedestrian refuge island) on the eastern side of Russell Street be replaced and relocated to the power pole on the south side of the Domino’s Pizza driveway at number 140 Russell Street, Emu Plains.

 

 

5        Oakmont Avenue, Glenmore Park - Proposed Parking Restrictions. 

RECOMMENDATION

That:

1.       The information contained in the report on Oakmont Avenue, Glenmore Park - Proposed Parking Restrictions. be received

2.       Council’s Traffic Engineers carry out a study on parking on the streets in the vicinity of Surveyors Creek Public School with regard to vehicle movements through the local roads and parking near driveways, and that the results be reported back to the Committee.

3.       The applicant and adjoining affected property owner be advised.

 

 GENERAL BUSINESS

 

GB 1 Andromeda Drive, Cranebrook – Request for Speed Humps & Pedestrian Crossing Facility  (Raised Councillor Cettolin)

A representation has been received from Councillor Cettolin on behalf of a resident regarding pedestrian safety and speeding problems in Andromeda Drive between Corpus Christi Primary School and Vincent Road.  The resident of 66 Andromeda Drive states that “there are no set pedestrian crossings from the street past my house at noticeably excessive speed and a lot are individuals that can not control their vehicles due to what appears to me as inexperience and lack of safety for themselves and pedestrians. There have been a number of occasions where I have heard and seen the screeching of cars stopping to avoid accidents due to excessive speed and reckless behaviour.  I am making a suggestion that speed humps and appropriate crossings be put in place to hopefully stop this behaviour because it is only a matter of time before someone is severely injured or killed”.

 

A speed classification survey would need to be carried out in Andromeda Drive to determine the extent of the speeding problem in the area.  In addition, a pedestrian/vehicular count should be done on two or three occasions during the day to determine the warrant for the provision of a pedestrian crossing facility in accordance with the Roads and Traffic Authority traffic facility guidelines.

RECOMMENDATION

That the matter be investigated and a report be submitted to the Local Traffic Committee for consideration.

 

GB 2 Putland Street, St Marys – Proposed Signposting and Linemarking (Raised Council)  

As part of a condition of consent for an industrial subdivision at the intersection of Putland Street and George Street, St Marys required the applicant to provide a Stop Sign with holding line and a short length of double barrier linemarking subject to the approval of Local Traffic Committee. The Committee raised concern that the proposal did not adequately address potential priority and delineation issues such as traffic for the eastbound through movement along Putland Street from the new road extension being directed into oncoming westbound traffic.

RECOMMENDATION

A Give Way Sign to be provided in lieu of the Stop Sign and Council’s Design Services Engineer be requested to liaise with the applicant to determine the appropriate pavement markings that better defines intersection priority and improves delineation.

 

 

GB 3 Results of Speed Enforcement on Various Roads in the Penrith LGA  (Raised Penrith Police)

The Penrith Police representative tabled a report from the Highway Patrol in relation to a request from Council for results of speed enforcement carried out on various roads in the Penrith LGA.  The following locations were tasked and patrolled since March 2005:

Adelaide Street, Oxley Park

Atchison Street, North St Marys

Bakers Lane, Kemps Creek

Banks Drive, St Clair

Barker Street, St Marys

Bayley Road, South Penrith

Boronia Road, North St Marys

Brisbane Street, Oxley Park

Carpenter Street, St Marys

Cook Parade, St Clair

Coonawarra Parade, St Clair

Coreen Avenue, Penrith

Grays Lane, Cranebrook

Erskine Park Road, Erskine Park

Explorers Way, St Clair

Glenbrook Street, South Penrith

Greygums Road, Cranebrook

Maxwell Street, South Penrith

River Road, Emu Plains

Russell Street, Emu Plains

Shepherd Street, St Marys

St Clair Avenue, St Clair

Trinity Drive, Cambridge Gardens

Tukara Road, South Penrith

York Road, South Penrith

RECOMMENDATION

That the Committee note the information.

 

 

GB 4 Fatal Incident Response Strategy Team (FIRST) Report  (Raised Penrith Police)

The Penrith Police representative tabled a report regarding the recent fatal pedestrian accident at the following location:

 

Jamison Street, Emu Plains, near Crawford Streetaccident occurred on Friday, 3 March 2006.  The FIRST inspection was held on Thursday, 6 April 2006.  The report outcome showed there were other contributory factors to the accident rather than the road condition or intersection configuration, ie, behavioural influences appeared to be the cause of the collision.

RECOMMENDATION

That the Committee note the information.

 

 

GB 5 Fatal Incident Response Strategy Team (FIRST) Report  (Raised Penrith Police)

The Penrith Police representative tabled a report regarding the recent fatal accident at the following location:

 

Dara Crescent, near intersection with Tarrabundi Drive, Glenmore Parkaccident occurred on Wednesday, 3 May 2006.  The FIRST inspection was held on Wednesday, 10 May 2006.  The report outcome showed there were other contributory factors to the accident rather than the road condition or intersection configuration, ie, behavioural influences appeared to be the cause of the collision.

RECOMMENDATION

That the Committee note the information.

 

 

GB 6 Fatal Incident Response Strategy Team (FIRST) Report  (Raised Penrith Police)

The Penrith Police representative tabled a report regarding the recent fatal accident at the following location:

 

Lady Jamison Drive, near Floribunda Avenue, Glenmore Parkaccident occurred on Saturday, 13 May 2006.  The FIRST inspection was held on Tuesday, 16 May 2006.  The report outcome showed there were other contributory factors to the accident rather than the road condition or intersection configuration, ie, behavioural influences appeared to be the cause of the collision.

RECOMMENDATION

That the Committee note the information.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:10am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 June, 2006 be adopted.

 

 

 


 

Item                                                                                                                                       Page

 

The City as a Social Place

 

1        Community Assistance Program - Funding Requests                                                             1

 

2        Sixteenth National Urban Animal Management Conference                                                   3

 

3        Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith. Applicant: Cavasinni Constructions Pty Ltd;  Owner: Cavasinni Constructions Pty Ltd DA03/3292                                                                                       5

 

4        Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook. Applicant: David & Sharon Ryan;  Owner: David & Sharon Ryan DA05/0633     54

 

5        Development Application 05/1991 - Proposed construction of a Kindergarten block, Administration and Primary blocks with associated Site Works, Car Parking and Landscaping at Lot 502 DP 866791 Wentworth Road, Orchard Hills. Applicant: Sydney Anglican Schools Corporation;  Owner: Sydney Anglican Schools Corporation DA05/1991                                                                         70

 

6        Integration of the City's Principal Cultural Facilities - Draft Constitution                                98

 

7        Youth Week Report 2006                                                                                                102

 

8        National Aborigines and Islander Day Observance Committee (NAIDOC) Week 2006    106

 

9        Tender Number 19-05/06 - Provision of Lawn Maintenance                                             110

 

The City In Its Environment

 

10      Water Savings Fund 2006 - Backwash Reuse Project                                                       119

 

The City as an Economy

 

11      Draft Employment Planning Discussion Paper and Draft Employment Planning Strategy      125

 

Leadership and Organisation

 

12      Summary of Investments & Banking for the period 26 April 2006 to 30 May 2006            139

 

13      City Operations Directorate Report to end of May 2006                                                   144

 

14      2006-2007 Management Plan                                                                                          157

 

15      Making of Rates and Charges 1 July 2006 to 30 June 2007                                              192

 

 


The City as a Social Place

 

Item                                                                                                                                       Page

 

1        Community Assistance Program - Funding Requests                                                             1

 

2        Sixteenth National Urban Animal Management Conference                                                   3

 

3        Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith. Applicant: Cavasinni Constructions Pty Ltd;  Owner: Cavasinni Constructions Pty Ltd DA03/3292                                                                                       5

 

4        Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook. Applicant: David & Sharon Ryan;  Owner: David & Sharon Ryan DA05/0633     54

 

5        Development Application 05/1991 - Proposed construction of a Kindergarten block, Administration and Primary blocks with associated Site Works, Car Parking and Landscaping at Lot 502 DP 866791 Wentworth Road, Orchard Hills. Applicant: Sydney Anglican Schools Corporation;  Owner: Sydney Anglican Schools Corporation DA05/1991                                                                         70

 

6        Integration of the City's Principal Cultural Facilities - Draft Constitution                                98

 

7        Youth Week Report 2006                                                                                                102

 

8        National Aborigines and Islander Day Observance Committee (NAIDOC) Week 2006    106

 

9        Tender Number 19-05/06 - Provision of Lawn Maintenance                                             110

 

 



Ordinary Meeting

19 June 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

1

Community Assistance Program - Funding Requests   

 

Compiled by:                Joe Ibbitson, Community Programs Coordinator

Authorised by:             Erich Weller, Community Development Manager 

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Support community organisations and programs to meet identified community needs.

     

Purpose:

To make recommendations regarding two requests for 2005-06 Community  Assistance Program funds.  The report recommends that Council approve an allocation of $1,000 towards the cost of the Aboriginal Catholic Ministry open day celebrations and $250 towards the cost of a morning tea for the Women's Health Day to be organised by the Nepean Wives of Vietnam Veterans Women's Support Group.

 

Background

Through the Community Assistance Program, Council makes small grants to non-profit organisations and community-based groups to help meet local community needs.  The maximum grant is $1,000.

There are three eligibility criteria endorsed by Council, which are:

·    Non-profit organisations providing one-off activities

·    Direct benefit to and participation from Penrith residents

·    Projects and project management in line with Council’s Access and Equity Policy.

Fundraising programs or organisations whose main job is to fundraise are not eligible.

Rolling Component

There are two components to the Community Assistance Program; the planned component and the rolling component. The planned component of the program is undertaken once a year in October/November. Recognising that not all needs for funding can be foreseen, the rolling component allows for one-off requests to be brought before Council at any time during the year.  This provides a flexible supplement to the planned component of the program.

Budget and Allocated Expenditure

The total budget for the 2005-06 combined rolling and planned components of the Community Assistance Program is $25,964. An allocation of $19,060 was made to the planned component in 2005-06 and a total of $6,904 is available for the rolling component.

$5,692.00 has so far been allocated to seven projects from the rolling component budget for 2005/06. There is $1,212.00 still available for allocation under the rolling component until the end of June 2006.

Aboriginal Catholic Ministry – Open Day

The Aboriginal Catholic Ministry has requested $1,000.00 to assist with the costs of holding an Open Day, which will be held during NAIDOC week at the ministry. The funds will be used to pay for promotion of the event, local entertainment artists (didgeridoo player and dance group), catering costs and craft materials. The ministry provides a range of services to local Aboriginal people and the open day will support the work with various groups including the domestic violence and parenting support groups as well as the computer courses.

 

It is proposed that Council provide a grant of $1,000.00 from the 2005-06 Community Assistance Program to assist with costs of the Open Day.

Nepean Wives of Vietnam Veterans Women’s Support Group

The Vietnam Veterans Women’s Support Group have requested funds to assist with the cost of a morning tea. The morning tea will be held during a Women’s Health Day seminar ‘All of Me’ which is being organised at the Penrith RSL on Wednesday 28th June 2006. The seminar is being supported with a small grant from the Department of Veteran Affairs. The aim of the day is to raise awareness about health issues for women over 50 and there will be an opportunity to learn about gentle forms of exercise and relaxation.

 

It is proposed that Council provide a grant of $200.00 from the Community Assistance Program to assist with the costs of the morning tea.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Community Assistance Program - Funding Requests be received.

2.     Council approve a grant of $1,000.00 under the rolling component of the 2005-06 Community Assistance Program to the Aboriginal Catholic Ministry to assist with the costs of holding an Open Day.

3.     Council approve a grant of $200.00 under the rolling component of the 2005-06 Community Assistance Program to the Nepean Wives of Vietnam Veterans Women’s Support Group to assist with the costs of a morning tea to be held as part of a Women’s Health Day seminar.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 June 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

2

Sixteenth National Urban Animal Management Conference   

 

Compiled by:                Noel Fuller, Coordinator Ranger Services

Authorised by:             Barry Ryan, Waste and Community Protection Manager 

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Undertake a program of activities to safeguard and improve the health of the community.

     

Purpose:

To inform Council of the upcoming National Urban Animal Management Conference at Hobart.  The report recommends that Council nominates interested Councillors to attend the conference.

 

Background

The Australian Veterinary Association is hosting the 16th National Urban Animal Management (UAM) Conference from 30 August – 1 September 2006 at the Wrest Point Convention Centre, Hobart, Tasmania.

 

The theme of the conference is Behaviour Management – Practical Solutions to Problem Pets and People, with the program featuring many professional practitioners from around Australia and New Zealand.

 

Prof Natalie Waran (School of Natural Sciences UNITEC NZ), Dr Joanne Righetti, Dr Kersti Seksel, Dr Robert Holmes and Mr Andrew Foran (RSPCA), all animal behaviourists, support the conference.

 

Current Situation

 

The UAM Conference offers an opportunity to complement and network ideas with “Best Practice” principles currently being adopted within Australia.  Part of this support will be a two day training workshop for Animal Management Officers to be held on 28 & 29 August, prior to the conference, with a focus on some of the requirements for the new Certificate IV in Animal Control & Regulation. It is envisaged that relevant Council staff will attend the conference.

 

In view of our commitment to animal management it would be beneficial for Council to be represented at this conference as it provides an excellent opportunity to further develop “best practice” principles in animal management and network with national and international professional animal behaviourists.

 

Urban Animal Management (UAM) is a discipline, which encompasses all those activities, which help manage our urban companion animals. It covers aspects as diverse as microchipping of dogs to market research about the community’s attitudes to pet ownership.

 

Because of its breadth, UAM depends on the interactions of people with many different job descriptions and training, including: Animal Management Officers, Veterinarians, Marketers, Dog Trainers and Animal Breeders.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Sixteenth National Urban Animal Management Conference be received.

2.     Council nominates interested Councillors to attend the Urban Animal Management Conference, and leave of absence be granted to those Councillors, for the period 30 August – 1 September 2006.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 June 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

3

Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith  Applicant:  Cavasinni Constructions Pty Ltd;  Owner:  Cavasinni Constructions Pty Ltd    

DA03/3292

Compiled by:                Ruth Byrnes, Senior Environmental Planner - Acting Team Leader

Authorised by:             Paul Lemm, Development Assessment 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 development application for a six storey mixed retail, commercial and residential building in the Penrith City Centre.  The proposal represents a significant development for the CBD.  The report recommends that Council grant a deferred commencement consent.

 

Introduction

This report relates to a development application seeking consent for the erection of a mixed-use, multi-storey building in the Penrith City Centre. 

 

Since its lodgement in December 2003, the proposed development of the subject site has been reported to Council on numerous occasions and Council staff and the applicant have provided a number of briefings for the Council.  At its meeting of 12 December, 2005, Council resolved to refuse consent.

 

However, at its meeting of 6 February, 2006 a Rescission Motion was carried, such that a further report be brought back to Council within three months to allow time for consideration, negotiation and clarification on planning conflicts. The development application therefore remains undetermined.

 

Several meetings between the applicant and Council staff have been conducted between February and May this year, to discuss the new proposal and resolve final design outcomes.  The applicant lodged the revised design in April to allow a thorough assessment of the proposal.   Minor adjustments to the revised design have occurred as a result of further negotiations, with the final plans being submitted at the end of May 2006. 

 

Coinciding with the discussions regarding the amended proposal, the draft Interim Guidelines for High Street (West) Precinct Plan for the land bounded by Station Street, High Street, Union Lane and Worth Street were prepared.     A Councillor briefing was held on 19 April 2006 where the draft Interim Guidelines were presented.  The Interim Guidelines were then adopted at the Policy Review Committee meeting of 22 May 2006, and then endorsed at the Ordinary Meeting of 5 June 2006. 

 

The development criteria for the new design generally align with the Interim Guidelines High Street (West) Precinct Plan.   This report and the recommendations are based on the assessment of the amended plans received in May 2006.  

The Site

The development site comprises Nos 538-556 High Street, Penrith, being Lot 1, DP 779550; Lot 2, DP 154388; Lot 1, DP 576961; and Lot B, DP 152524.

 

This land is positioned on the southern side of High Street near the intersection with Riley Street.  The development site is of rectangular shape with a frontage to High Street of 53.3m, a rear boundary of 50m to Union Lane and a depth of 61.1m, giving an area of 3 161.4m2.

 

Each of the four allotments comprising the development site currently support modest commercial buildings set on the High Street boundary.  These buildings have a relatively small footprint, approximately 990m2 in total, with the balance of these sites being vacant except for small outbuildings or garages located along Union Lane.  No significant vegetation occurs on the site.  A locality plan is attached. 

The Amended Proposal

The amended proposal involves the demolition of all structures, consolidation of four allotments, and construction of a mixed use building comprising retail (1455m2), commercial (7667m2) and residential (15 apartments of one and two storeys) in six storeys with four levels of basement car parking, as follows:

 

Basement Level 4           33 car spaces (for residential occupants) including 2 visitor spaces and 4 spaces for persons with disabilities, lobbies, plant and store rooms, storage areas for residential units, lift and stairwell access

 

Basement Level 3                     83 car spaces (for commercial occupants) including 6 spaces for persons with disabilities, plant and store rooms, lift and stairwell access

 

Basement Level 2                     83 car spaces (for commercial occupants) including 8 spaces for persons with disabilities, plant and store rooms, lift and stairwell access

 

Basement Level 1                     83 car spaces (for retail and commercial occupants) including 8 spaces for persons with disabilities, plant and store rooms, lift and stairwell access

 

The basement levels contain a total of 282 car spaces, accessed via Union Lane. The vehicular entrance will be controlled with a secure panel lift shutter of perforated mesh with an intercom facility.

 

Ground floor                            Four retail units (between 210m2 and 570m2), central landscaped court with void above, walk through link/ arcade connecting High Street with Union Lane, residential lobby via High Street and another via Union Lane, commercial lobby entrance via the proposed arcade, loading dock and bin storage areas accessed via Union Lane, lift and stairwell access, associated amenities.

 

Level 1                                    2437 m2 commercial floor area (subdivision subject to future application), central atrium space to court below, glazing to arcade below, lift and stairwell access, associated amenities.

 

Level 2                                    2750 m2 commercial floor area (subdivision subject to future application), central atrium space to court below, four outdoor terraces, lift and stairwell access, associated amenities.

 

Level 3                                    2480m2 commercial floor area (subdivision subject to future application), central atrium space to court below with glass roof over, four outdoor terraces with pergolas, lift and stairwell access, associated amenities.

 

Level 4 Podium                        Residential apartments nos. 1-4 (Block A north), all one level and 3 bedroom, private courtyards, internal foyer;

First level of residential apartments nos. 5-10 and 15 (Block B south), mix of 1, 2 and 3 bedrooms, private courtyards;

Landscaped communal areas with centre court, bbq areas, pergola areas, lift and stairwell access.

 

Level 5                                    Residential apartments nos. 11-14 (Block A north), all one level and 3 bedrooms, north and south facing terraces, internal foyer;

                                                Upper level of residential units (5-10, 15 (Block B south), north and south facing terraces.

                                                Lift and stairwell access.

 

The overall height of the building is 22m.  At High Street, the building has a zero setback to the top of Level 2, then increases to a 3m setback for the remaining height.   At Union Lane, the building has a zero setback to the top of Level 2, then increases by 32o to the parapet.   

 

The proposal involves a mix of rendered masonry, aluminium and glazed sections.  An external finishes schedule can be made available at the Council meeting for information.

 

Photomontages have been provided which depict the proposal against the existing buildings in the vicinity. 

 

In addition, the amended application was accompanied by the following reports:

 

·        SEPP 65 Report, prepared by D and R Architects, dated April 2006

·        Design Verification Statement, D and R Architects, dated 17 May 2006

·        Parking Assessment Report for 438-556 High Street, Penrith prepared by Winning Traffic Solutions, dated April 2006

·        Statement of Waste Management, prepared by D and R Architects, dated April 2006

·        BCA Deemed to Satisfy Provisions, Letter of Opinion, prepared by Fire Modelling and Computing, dated 4 April, 2006

·        Statement of Disability Access Requirements, prepared by D and R Architects, dated April 2006

·        Noise Impact Assessment, prepared by Reverb Acoustics, dated April 2006

·        Construction Management Plan, prepared by Cavasinni Constructions

·        Preliminary advice in relation to design and construction of basement, prepared by Pells Sullivan Meynink Pty Ltd, Engineering Consultants, dated 25 June, 2003

·        BASIX certification, prepared by Karvon FT, dated 6 April 2006

The key issues that emerge as a consequence of this information is discussed in more detail in the section of the report titled “Planning Assessment”.

Primary Issues

The assessment of this development application, involving a building of significant scale and importance within the CBD, has highlighted numerous aspects requiring detailed consideration.   A complete and thorough planning assessment of the previous proposals for the site could not be conducted due to the lack of information provided at that time.

 

However, the submission of the amended design has progressed the application further in a positive fashion.  The major issues for consideration are:

·        The bulk and scale of the building in its CBD context against the provisions of the Interim Guidelines for High Street (West) Precinct Plan

·        The geotechnical issues which constrain the development of the basement car parking levels and

·        The assessment of the building in the public domain

Planning Assessment

The application has been assessed in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and the following comments are made.

1.       Section 79C(1)(a)(i)      Any environmental planning instrument

State Environmental Planning Policy 11 – Traffic Generating Development 

The Roads and Traffic Authority’s Sydney Regional Development Advisory Committee considered the original plans lodged with this application at its meeting of 4 February, 2004.  The Committee raised no objections in relation to traffic safety/traffic efficiency.

 

It was not considered necessary to refer the final amended plans to the RTA for comments, as traffic considerations have not fundamentally changed in the amended design.  

 

The applicant has provided a Parking Assessment Report, prepared by Winning Traffic Solutions dated April 2006, which addresses the car parking, arrangements and these items are discussed later in this report. 

 

State Environmental Planning Policy 55 – Remediation of Land

Previous Council reports have highlighted this Policy as being a matter for consideration.  The Policy provides that Council must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated.   This assessment of the subject land in the CBD considers that the potential risk of the land being contaminated is low, given the commercial/retail history of the site, rather than any industrial or other potentially contaminating activity.   A response from the applicant addressing this matter is now not considered necessary.

State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings

This Policy aims to improve the design quality of residential flat development.  It promotes sustainability, a better-built form (buildings, streetscapes and public domain), housing to match the community’s expectations and demand, and also it promotes improved amenity and safety for occupants.  

 

To support these aims, the SEPP introduces ten design quality principles.  These principles do not generate design solutions, but provide a guide to achieving good design and evaluating the merits of proposals.  The SEPP also refers to the “Residential Flat Design Code 2002” which is a set of guidelines that provide benchmarks for better practice in the planning and design of residential flat buildings.  

 

Assessment of this Policy is essential, particularly as it relates to the residential component of the building and its physical and visual connections to the commercial and retail components.  The applicant has provided a report pursuant to SEPP 65, prepared by D and R Architects, dated April 2006, which addresses the ten principles of design quality, as specified below.  Some of the quotes from the submission are listed beneath them in italics, with assessment comments following.  Council’s Architectural Supervisor has assessed the submission and considers it to satisfy the objectives of SEPP 65.

Design Quality Principle 1:  Context

“Good design is a creative process which, when applied to towns and cities, results in the development of great urban places:  buildings, streets, squares and parks.  Good design is inextricably linked to its site and locality, responding to the landscape, existing built form, culture and attitudes.  It provides sustainable living environments, both in private and public areas.  Good design serves the public interest and includes appropriate innovation to respond to technical, social, aesthetic, economic and environmental challenges.”

 

“The mixed usage development contributes to the new built form imagery and identity for the city centre within an envelope compatible with the desired future urbanity of its surrounds.”

 

Comment:

The vicinity to which the proposed building relates has a mixture of uses and activities, primarily retail and commercial, with Council car parking at the rear, and residential areas further to the south.  The proposal represents the desired future character for the City Centre, which is currently in the first stages of its transition into a regional city.   The site has strong linkages to the commercial core of the CBD and to public transport facilities.  The mixture of uses will provide stimulus to other similar sites while at the same time, provide a modern contemporary and urban environment for future residents. 

Design Quality Principle 2:  Scale

“Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.  Establishing an appropriate scale requires a considered response to the scale of existing development.  In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.” 

 

“The building will appear as a 3 storey building from High Street … A similar, but more dramatic approach has the Union Lane elevation stepping back from the 3 storey podium …” 

 

“The height of the development is appropriate given the context of the locality and the changing character and role of the Penrith City Centre.”

 

Comment: 

The bulk and scale of the proposed building reflects the scale of likely future development for this precinct.  Residential balustrades are glazed to reduce bulk at the upper levels. 

The heights and stepped design minimise overshadowing to the south as much as possible it will form a positive contribution for the City Centre.   

 

A key element in the design of this revised proposal was to create a balance between the public domain and the built form.  The proposed arcade located at the end of Riley Street provides an open vista to the area at the rear, which along with the height of the awnings, provides a sense of openness at street level.  The form of the building when viewed from the north is articulated by a mixture of vertical and horizontal elements, punctuated by a mixture of construction techniques and balconies.   These elements combine to reduce the bulk of the building.   When viewed from the east or west, the building is broken into two horizontal components in accordance with the SEPP 65 requirements, which together with the façade treatment, reduce the scale of the development.

Design Quality Principle 3:  Built Form

“Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.  Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.”

 

“The proposed setbacks to High Street and Union Lane are appropriate in the creation of a desirable transition between public and private domains.  They provide casual surveillance of the street and the lane and maintain the street edge, whilst also defining the built form along this section of the two streets.  The stepping of the building along the southern boundary is an appropriate design mechanism that will reduce any impacts on Union Lane from over shadowing.”

 

“The building reflects an appropriate built form for the site and its usages.  It contributes to the future character of the streetscape and public amenity with retail activity and a through site linkage from Riley Street to the Union Lane car park and beyond to the medium density housing of Union Road to strengthen pedestrian connectivity.”

 

 

Comment: 

The street setbacks and building separation are appropriate, particularly given the north/south orientation of the lots and the resulting attempts to reduce overshadowing impacts.  Visual and acoustic privacy for residents is maintained and is in accordance with the principles of this Policy.

 

The proposed building form has a mixture of recessed and projected geometrical features, with various materials and colours, separating the different uses within the building.  A variety of balconies, awnings and landscaped terraces are provided in an alternating fashion to assist in creating an interesting façade to both street frontages.  An outcome of the landscape treatment to the upper level courtyards will be to create a “green” façade, which will provide the development with a landscaped response specifically to achieve a living environment. 

Design Quality Principle 4:  Density

“Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).  Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density.  Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.”

 

“The proposed mixed use development provides an appropriate level of retail, commercial as well as residential apartments in creating a unique development that will bring vitality to this section of High Street.”

 

“The density of development on the site is appropriate given the site’s location in regards to its close proximity to infrastructure, pubic transport, community and sporting facilities and recreation parks already existing within walking distance of the development.”

 

Comment: 

The proportions of uses and density of the overall complex is appropriate to the City Centre and its likely future character.  The building is well modulated with a variety of designs within each level.  The residential component provides 15 apartment and townhouse style units with a mix of layouts and bedroom numbers.   This density is appropriate for the central CBD location, being close to public transport, retail, leisure and community facilities. 

 

Design Quality Principle 5:  Resources, Energy and Water Efficiency

“Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.  Sustainability is integral to the design process.  Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.”

 

Comment: 

The amended design responds well to environmental concerns by focusing on maximising solar access, daylight access, natural ventilation, energy efficiency, and water saving options to assist in maintaining landscaping of Podium Level 4.   Although a 2003 development application, BASIX certification has been provided for the new design, which demonstrates the applicant’s commitment to this Design Principle.   Should the application be supported, a condition can be imposed to ensure the BASIX items are implemented.   The application includes awnings to most windows facing north for solar protection.  It will be a condition of consent that all glazed areas that do not face south will be required some form of solar protection. 

 

The provision of the atrium skylight allows daylight access to four levels of the building, but appears to compromise the daylight access to residential Units Nos 7, 8 and 9.  This results in the courtyards, particularly to Unit 8, not having access to adequate solar penetration and has the potential to reduce outdoor amenity for those residents.   Should the application be supported, a condition requiring amendment to the atrium structure at this point can be imposed.

 

It is noted, however, that SEPP 65 recommends 70% of units should have a minimum 3 hours access to solar penetration.  With 12 of the 15 units clearly complying with the solar penetration provisions, the amended design achieves 80% compliance and therefore satisfies this requirement. 

Design Quality Principle 6:  Landscape

“Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater quality and amenity for both occupants and the adjoining public domain.  Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways.  It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values.  It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.  Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.”

 

“Area available for community open space and private courtyards on Level 4 totals 1,223 m2.  (The private courtyards total 340m2, with the area of community open space being 883m2.)  This represents approximately 28% of the site area and falls within the expected rule of thumb range of 25-30% of site area to be available for communal use.”

 

“Hard and soft landscaping via planter boxes, paving slabs, timber boardwalks, reflection pool, barbeque facilities and pergolas are proposed for the community spaces.”

 

Comment: 

Tenants on all levels have visual and/or direct access to a landscaped space, either in the form of courtyards, terraces or balconies.   Substantial landscaping is provided a Level 4 Podium with opportunities for passive recreation within a communal open space.

 

With some adjustment to the courtyards of Units 7, 8 and 9, as discussed above, the provision of landscaping is appropriate.  There is no opportunity within the development for deep soil planting.  Planter boxes and elevated gardens will require consistent maintenance by tenants and/or the Body Corporate in order that the high quality amenity of the landscaped areas can be assured throughout the life of the development.

Design Principle 7:  Amenity

“Good design provides amenity through the physical, spatial and environmental quality of a development.  Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.”

 

“Commercial levels separate the retail and residential uses, addressing acoustic privacy issues for residents.”

 

“Retail uses are located on the ground level promoting an active and lively street frontage along High Street.  The location of retail services and the commercial foyer also activates the pedestrian through link provided along the eastern side of the development.  Provides connectivity between High Street and Union Lane.”

 

“All residential apartments are accessed via lifts from their dedicated lobbies.”

 

“An awning has been provided along the High Street frontage of the development to provide shelter to pedestrians.” 

 

Comment: 

The amended design provides high quality internal and external amenity.   Retail spaces on the ground level provide interest for various retail opportunities, encouraging pedestrian movement.  The extent of glazing through the commercial levels, particularly overlooking the walk though link, and landscaped courtyards on the ground floor, will provide attractive office environments.  

 

A key element to the interface between the building and the public domain is the glass facades at street level.  These introduce a degree of street activation and an urban character.  It is important that these facades are retained as proposed and do not become opaque or painted out by any future occupant.   A condition has been imposed requiring a Section 88b covenant, in accordance with the Conveyancing Act 1919, which seeks to ensure that the glass facades are retained predominantly in a transparent form. 

 

The variety in floor plans for the residential apartments and their direct street access will assist in maximising residential amenity as much as possible. 

Design Principle 8:  Safety and Security

“Good design optimises safety and security, both internal to the development and for the public domain.  This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing, clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the local and desired activities, and clear definition between public and private spaces.” 

 

“The proposal will provide safety and security for the occupants of the proposed development and adjoining public domain.”

 

“Residential lobbies are clearly defined and well lit.  Their rectangular shape precludes potential ambush corners.”

 

“Access to lobbies will only be available electronically.” 

 

“Two lifts within the development are for the exclusive use of residents and their invited guests.  … No access is available to or from the intermediate commercial floors.”

 

Comment: 

The residential apartments have been designed to maximise privacy as much as possible.  Passive surveillance is provided to both street frontages as a consequence of the outdoor areas and glazing within and around the building.   Advertising on glazing will be restricted to maintain activation as much as possible.

 

Conditions of consent will be imposed to minimise adverse risk of crime as much as possible and is discussed later in the report under the heading of Crime Prevention Through Environmental Design DCP.

Design Principle 9:  Social Dimensions

“Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.  New development should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.”

 

“The range of apartment types (town houses and apartments) and sizes provide for a variety of lifestyles in a response to the needs of the desired future community within Penrith City Centre.”

 

“The development is positioned within walking distance of all modes of public transport (train and bus), full line shopping facilities and cinemas (Westfield Penrith) and theatre (Joan Sutherland Entertainment Centre), restaurants and a number of government services.  It is a short distance from social clubs, parks, sporting and leisure facilities.”

 

Comment: 

The development proposes 15 residential apartments, comprising 1 x 1 bedroom unit, 1 x 2 bedroom and 13 x 3 bedroom units.  The design provides a variety of floor plan layouts, room sizes, aspect and courtyard/terrace arrangements, with seven of the apartments being two storeys.  All levels are accessible via the provision of two lifts. 

 

As part of the development application, a Statement of Disability Access Requirements has been submitted for consideration.

 

The report confirms that the proposal has been designed to comply with the relevant Australian Standards and satisfies the Disability Discrimination Act in the following ways:

 

·        Main entrances to commercial, retail and residential areas are provided with automatic sliding doors and double swing doors, appropriate circulation spaces, recessed floor mats, slip resistant surfaces

·        Lifts are provided to access all levels

·        Emergency alarm warnings will have audio and visual capabilities, fire alarm buttons will be accessible for people in wheelchairs

·        Continuous handrails provided to both sides of all stairs

·        At the top and bottom of stairs, tactile ground surface indicators will be provided for the full width of stairs

·        26 car parking spaces are provided for disabled persons

·        All residential units can be ‘adaptable’ if required, however Unit Nos. 2, 3, 12 14 are appropriate as they require minimal alteration, are on one level, accessed by lift and level corridors with direct circulation patterns

 

It is considered that an appropriate level of housing choice is presented in this design, having positive social benefits and is particularly suitable for a contemporary building in the centre of the Penrith CBD.

Design Principle 10:  Aesthetics

“Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.  Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.”

 

“The development presents itself as a quality built environment that exceeds that of existing surrounding development in this area.  It predicts future city land use and visual presentation, as it will progress. 

 

“The building has been articulated with a clear base, middle and top incorporating an appropriate composition of solid and transparent building elements relevant to its multi use building type.”

 

“The building gains an address and sense of arrival with a skeletal metal/glass angled canopy and primary icon to the High Street façade.  The structure folds under the building at Level 2 to form a ceiling to the colonnade of the through site link.  It rakes up again at the Union Lane entry to achieve a similar experience when viewed from the public car park. 

 

“The two residential entries are highlighted with their individual canopies.  The retail and commercial entries are highlighted off the thru site link.”

 

Comment: 

The proposal involves a mix of rendered masonry, aluminium and glazed sections.  An external finishes schedule can be made available at the Council meeting for information.

 

Residential balustrades are provided with translucent material to reduce bulk at the upper levels.  A condition of consent can be imposed to require those commercial balustrades on Level 3 to also be provided with translucent material (as is the case at Level 2).  This will also assist in reducing perceived bulk of the streetscape elevations. 

 

The contemporary and modern appearance of the building is aesthetically suitable for the CBD location.  The use of varied materials responds to the character of the area, which is in transition. 

 

 

It is considered that the subject proposal can reasonably satisfy the requirements of the SEPP 65 – Design Quality of Residential Flat Buildings, and the associatedResidential Flat Design Code 2002”.

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 its impact on water quality.

 

A hydraulic system has been designed to collect waters from the roof, Level 4 Podium  landscaping, courtyards, and terraces, discharging to the Union Lane stormwater system.  The podium level landscaping includes the provision of a rainwater tank, which will provide water for the various plants on the Level 4 Podium.

 

There is concern raised that the stormwater drainage system in Union Lane may not have the capacity to accept the additional flows.   If this is the case, a stormwater detention will be required.  A study addressing this item will form part of Schedule 1 of the Deferred Commencement Consent.

 

Subject to appropriate conditions addressing this item, the proposal will be consistent with SREP 20, particularly in relation to total catchment management, and water quality in the metropolitan area.

 

Penrith LEP 1997 – Penrith City Centre

The land is zoned General Business 3(a) under Penrith Local Environmental Plan 1997 – Penrith City Centre and the mixed use proposal involving commercial, retail and residential floor space, is permissible with consent.  

 

The aims of the Plan are:

 

(a)     to encourage the development of the Penrith City Centre as the principal retail, commercial, cultural and social centre in the local government area of Penrith with an environment which responds to the needs of those who will use it;  and

 

(b)     to promote development which is consistent with the Council’s vision for the City of Penrith contained in its strategic management plan, namely, one of a region having a harmony or urban and rural qualities with a strong commitment to environmental protection and enhancement.  

 

The relevant objectives, policies and strategies of this plan are:

 

(a)         to provide a planning framework which allows development control plans to supplement the controls embodied in this plan;

(b)         to provide an environmental planning base which will encourage diversity by permitting a wide range of activities in order that the needs of the people served by the centre can be realised

(c)         to allow strategies to be developed that will result in improved public amenities and services including traffic and car parking improvements and improved environmental quality within public spaces

(d)         to create conditions which are conducive to investment and will increase the economic potential of the City Centre; and

(f)         to improve the environmental quality of the City Centre

 

The objectives of the General Business 3(a) zone are:

 

(i)       to encourage the provision of a diverse range of uses reflecting the role of Penrith as an urban centre; and

(ii)      to encourage development which enhances the quality of the environment of the Penrith City Centre and the convenience of those who use it; and

(iii)      to foster consolidation of the retail, commercial and administrative functions of the Penrith City Centre; and

(iv)     to encourage community and recreation facilities for Penrith City’s residents and workers; and

(v)      to enhance the economic potential of the land within the zone; and

(vi)      to promote the improvement and expansion of pedestrian movement within the Penrith Centre. 

 

The assessment of the development throughout this report demonstrates that the amended design for the mixed use building within the Penrith City Centre can satisfactorily achieve the objectives of the Plan and the zone. 

Penrith Local Environmental Plan 1991 – Environmental Heritage Conservation

Clause 9 of the Plan states

 

“The Council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.”

 

Two of the existing buildings on the development site are listed in Council’s 1987 Heritage Study.  However, neither building has been subsequently included in the Heritage LEP.

 

Consequently, the site is not a listed heritage item under this Plan, nor is it in the vicinity of any other heritage item.

 

A heritage report was submitted with the original development application, prepared by Jeff Madden and Associates.  The report concluded that the site has some archaeological potential and that the local heritage significance related to the facades of the buildings, being surviving examples of early development of Penrith. However, the buildings had insufficient significance to warrant their preservation. 

 

Paul Davies Pty Ltd has been engaged to conduct the Council’s Heritage Study review, and included in that was the assessment of the buildings on the subject site (536-538 and 556-558 High Street).  Paul Davies Pty Ltd has also considered the heritage report prepared by Jeff Madden and Associates, as it relates to the development proposal presented at that time. 

 

Paul Davies’ response confirms that the buildings have potential local significance, mainly relating to the streetscape values and remaining elements of the structures.  The heritage significance was considered as “relatively modest”.  

 

It was considered more important to achieve a high quality urban design with strong public domain interface.  Retention or reuse of the facades may compromise the final design outcome and High Street may not benefit from this approach.  

 

However, suggestions were made to incorporate the heritage facades into the redevelopment of the site in some form.   The applicant has been responsive to this concept and has some options for the interpretative representation of the facades, if considered necessary.  

 

The applicant has provided a concept for reuse of the cornice sections of the shop façade, whereby the cornice sections are represented within the public arcade, provided with back lighting in an attempt to have the pieces appear multi dimensional.    To assess the applicant’s response to this issue, a condition will be imposed requiring a qualified heritage consultant prepare an Interpretation Plan.

 

Demolition of the existing buildings is supported.  Appropriate recording of the heritage facades prior to demolition will become a condition of consent, should the application be supported.

2.       Section 79(C (1)(a)(ii)  Any draft environmental planning instrument

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

The Draft SEPP aims to reduce our reliance on private transport and seeks to encourage public transport usage. 

 

Clause 7(c) of the Draft SEPP relates to offices and business parks having a gross floor area of more than 1000m2, and therefore applies to the proposed development.

 

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 proposal is located in the CBD, within 800m-1000m of the railway station, and is serviced by local bus and taxi services.  The proposal also provides employment opportunities, both during construction and during occupation, thereby reducing the demand for travel to other centres.   These aspects of the proposal satisfy the objectives of the Draft SEPP.

 

In light of these transport strategies, the City Centre Review seeks to, in part, manage parking and access in the Penrith CBD by encouraging alternative viable transport options and decreasing reliance on private vehicles.  

 

However, assessment of the transport, traffic and car parking aspects of the current proposal is limited to the policies Council has in effect at this time.  These matters are discussed in more detail later in this report.

3.       Section 79C(1)(a)(iii)    Any development control plan

Development Control Plan – Heritage Management

Clause 21 of the Heritage Management DCP states that the extent to which the carrying out of the proposal would affect the heritage significance of the item (or place of potential significance), and a heritage impact statement shall be lodged.

 

As discussed earlier in this report, the demolition of the existing buildings is generally supported as the building facades have modest significance.     

Floor Space Ratio Controls (Penrith City Centre)

The aims of Penrith City Centre DCP are:

 

(i)         to consolidate and rationalise floor space controls for Penrith City Centre in to a single plan

(ii)        to provide clearer guidance and certainty to the business community, employers and investors regarding Council’s requirements;

(iii)       to assist in the promotion and development of Penrith City Centre;

(iv)       to limit the amount of floor space which can be developed on certain land within Penrith City Centre without affecting the flexibility needed to accommodate City Centre growth and change.

 

Clause 8.2 of the DCP establishes permissible ratios of gross floor area applicable to the site area.  The subject land is limited to a floor space ratio of 2.5:1, but may achieve a greater floor space ratio up to 4:1, if and only if, the specific criteria are met.   The following table demonstrates compliance with the specific criteria as outlined in Clause 8.3.

 

Special Provisions

Proposal

Compliance

Land within the CBD with an FSR of 2.5:1 may, subject to satisfying certain design criteria, have a maximum FSR of 4:1

3.7:1

Subject to specific criteria below

 

Minimum site area 1500m2

3168m2

Yes

Site consists of one allotment

4 lots to be consolidated into one

Yes, see standard condition A014

Minimum 25% of floor space for residential use

21.5%

 

No, approx 413m2 below required, equates to possibly 3 small-med units, discussed below.

Residential component must be above street level

Residential component on levels 4 and 5

Yes

Development above 2 storeys must comply with building envelopes to both High Street (35o south) and Union Lane (35o north), measured from 2nd storey at street boundary at 8m height

High Street – 3m setback after 3rd level

Union Rd – 32o from 12.8m

No, discussed below

Special Provisions

Proposal

Compliance

Development on southern side of High Street to have a maximum height of 18m

22m

No, discussed below

 

Development not to be detrimental in terms of overshadowing on adjoining properties and streets between 10am and 2pm

Proposal shadows 3(a) land to the south of site between 10am-2pm midwinter

No, discussed below

The design and architecture to be sympathetic to the streetscape and character of the City Centre

Refer SEPP 65 assessment

Yes

Vehicular access is denied to sites on High Street that have dual frontage to Union Lane or Allen Place

All vehicular access onto the site is via Union Lane

Yes

 

With a proposed floor space ratio of 3.7:1, the current design exceeds the required 2.5:1 floor space ratio by 3,801.6 m2.  This is a reduction on the previously reported proposal, which exceeded the criteria by 4,178m2.

 

However, the assessment of the current proposal has found that the design criteria of Clause 8.3 are now more closely satisfied than the earlier plans.  However, of the nine design criteria set out in Clause 8.3, five criteria are now satisfied.  

 

A legal opinion discussing how to assess the provisions of the Floor Space Ratio Development Control Plan against the provisions of the Interim Guidelines is presented in Section 8  – “Public Interest” below.

Interim Development Guidelines – High Street (west) Precinct 

Coinciding with the discussions regarding the amended proposal, draft Interim Development Guidelines - High Street (west) Precinct Plan for the land bounded by Station Street, High Street, Union Lane and Worth Street were being prepared.   Council has now adopted these Interim Development Guidelines.     

 

The final amended plans have been considered against the Interim Development Guidelines.  It is noted that the guidelines have no statutory weight until they are incorporated into the new local environmental plans and development control plans for the CBD.     They are, however, an expression of Council’s current policy position for the CBD.  The guidelines  were adopted for the purpose of giving insight to any person considering significant development in the CBD during the current period of planning investigations. 

 

The objectives of the draft guidelines are to:

(a)     revitalise the southern edge of the city centre with mixed use style developments that are located within a high quality public domain

(b)     promote vibrant street lift by siting and designing buildings to maximise pedestrian activity

(c)     maximise the diversity of street front retailers facing each footpath

(d)     orient major building entrances towards intersections and/or outdoor civic spaces

(e)     enhance pedestrian linkages to adjoining precincts

(f)      align and shape future buildings in order to maintain iconic vistas towards the Blue Mountains escarpment.

 

The desired future character of the Precinct is the redevelopment of the area into mixed use buildings comprising residential, commercial and retail, to 5 storeys in height and a setback from High Street ranging from zero metres to 3 metres.  A variety of active street frontage enhancing the street life and creating interest and diversity for pedestrian activity will be encouraged.  An assessment of the subject proposal against the guidelines for the Precinct, are shown in the following table.

 

Guidelines

Proposal

Compliance

Heritage impact statement

Received

Yes

Floor space ratio 4:1

3.7:1

Yes

Height

Fronting High Street

11 m at boundary increasing

to max height of 22m

 

 

·        11.6m to Level 3 commercial

·        12.8m to top of balustrade

·        22.1m

 

 

·        No, but considered reasonable

·        No, but considered reasonable

·        No, but considered reasonable

Height

Fronting Union Lane

11 m at boundary, increasing

to max height of 22m

 

 

·        11.6m to Level 3 commercial

·        12.8m to top of balustrade

·        22.1m

 

 

·        No, but considered reasonable

·        No, but considered reasonable

·        No, but considered reasonable

Setback

Fronting High Street

0m for first 12.8m height, increasing to 3m for remaining levels

 

 

0m for first 12.8m height,

increasing to 3m for remaining levels

 

 

 

 

Yes

Setback

Fronting Union Lane

0m for first 12.8m height,

projecting 32o for remaining levels

 

 

0m for first 12.8m height,

projecting 32o for remaining levels.

 

The pergolas over the terraces on Level 5 encroach into the 32o height line. 

 

 

Yes

 

 

 

Acceptable 

Active frontages

Primary frontage - 80% ground floor

accessible to footpath level

 

secondary frontage – 50%

 

100% (incl arcade)

 

accessible

 

>50%

 

Yes

 

Yes

 

Yes


 

Guidelines

Proposal

Compliance

Built form

Opaque or blank walls max 20% of frontage

 

Ground level activities

 

Articulated facades

 

Windows overlook street

 

Awnings to pedestrian thoroughfares

 

 

<20% both frontages

 

Ground level activities

 

Articulated facades

 

Windows overlook street

 

Awnings provided

 

 

Yes

 

Yes

 

Yes

 

Yes

 

Yes

 

Traffic/car parking

Complying with Car Parking Code i.e.

Residential -

1 b/r = 1 space

2 b/r = 1.5 spaces

3 b/r + = 2 spaces

1 visitor space every 5 units

= 32 required

 

Commercial –

1 space/ 40m2 = 191 required

Retail –

1 space/ 26m2  = 56 required

= total 247 required

 

Bicycle facilities provided

 

Minimise no. of garage entries

 

Dedicate right of way for pedestrian access

 

 

 

 

 

 

 

 

33 provided

 

 

 

 

 

249 provided

 

can be provided

 

one opening to basement garage

 

Condition 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

Yes

 

Yes

 

 

Condition

Sustainability principles

4.5 star for commercial offices

 

Waste management plan

 

Office floor no more than 10m from source of daylight,

 

Depth minimised by light wells 

 

Condition

 

 

Provided

 

Internal atrium throughout, glazing at Level 1

 

Internal atrium provided

 

Condition

 

 

Yes

 

Yes

 

 

Yes

CPTED principles

Principles addressed

Conditions imposed

Yes


 

Guidelines

Proposal

Compliance

Public Place and Landscaping

Landscape plan

 

 

Public art

 

Awning placement to consider street trees

 

 

Landscaping provided at Podium level

 

Can be provided

 

Condition to reduce width of awning to allow for street trees

 

 

Yes

 

 

Yes

 

Yes

 

Advertising

Maximum 40% coverage to ground floor windows, under awning signage

 

Subject of separate application, however, will be below awning

 

Can comply

 

The development criteria for the new design align very closely with the guidelines for the High Street (west) Precinct Plan.

 

A legal opinion discussing how to assess the provisions of the Floor Space Ratio Development Control Plan against the provisions of the Interim Guidelines is presented at Section 8 – “Public Interest” below.

Car Parking Policy

An assessment of the proposal against the requirements of the Car Parking Policy is presented below.

 

Requirements 

Proposal

Compliance

Residential -

1 b/r = 1 space

2 b/r = 1.5 spaces

3 b/r + = 2 spaces

1 visitor space every 5 units

= 32 required

 

Commercial –

1 space/ 40m2 = 191 required

Retail –

1 space/ 26m2  = 56 required

= total 247 required

 

 

 

 

 

 

33 provided

 

 

 

 

 

249 provided

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

Council’s Traffic Engineer has raised concerns in relation to the design of the proposed loading dock at the rear of the building.  Trucks will be required to either reverse into or reverse out of the loading dock onto Union Lane, which will require traffic management of Lane at loading times.   However, it is noted that full time ‘No Parking’ restrictions currently exist on both sides of the full extent Union Lane, which will ensure the lane is clear of obstruction for manoeuvring.  

 

The assessment of the car parking layout has found that the design satisfies the Australian Standards with regard to manoeuvring, driveway ramps, aisle and space widths.

 

The proposal provides four levels of basement car parking, containing a total of 282 spaces.    This basement design is substantially larger that other new CBD developments recently constructed or approved, which have either one or two levels of parking.    Although the car parking provision for the subject building complies with Council’s current policy, the need for this number of car spaces in the CBD, has been given particular consideration.  

 

For example, consideration must be given to the practicalities in providing on-site, basement parking for visitors to residential apartments and customers to offices or shops, particularly relating to:

(a)     the usability of the spaces – will visitors enter a basement car park and proceed to the lowest level to park, particularly where an at-grade, public car park is immediately adjacent; and

(b)     the necessary security options – leaving security garage doors open during the day for public access, which conflicts with the safety aspirations of tenants.     

 

The applicant has provided a Parking Assessment Report, prepared by Winning Traffic Solutions dated April 2006, to address the appropriateness of the parking requirements and determine if the provision is reasonable given the location of the site in the Penrith CBD.   Three alternative parking proposals from the four level basement presented in the development application, are discussed in the report for consideration.   These alternatives involve the removal of two or three basement floor plates of the current proposal, in summary being:

 

Alternative 1         Three levels of parking providing 249 spaces

Alternative 2         Three levels of parking providing 194 spaces

Alternative 3         Two levels of parking providing 166 spaces

 

It is important to note that although contemporary thought in transport strategies considers that a reduced amount of parking may be a more appropriate solution for developments of this type in the City Centre location, assessment of the transport, traffic and car parking aspects of the current proposal is limited to the policies Council has in effect at this time.    The application before Council proposes four levels of basement car parking, complying with Council’s current Car Parking Policy.  

 

Council is not in a position to determine that the development can be supported with only, say, two levels of parking and subsequently charge Section 94 Contributions.   The applicant’s proposal must only be amended to this extent by the applicant.   Council must determine the application by either granting consent, refusing consent or grant deferred commencement consent. 

 

The suggestion to reduce the amount of car parking within the subject development has been put to the applicant.  The site and the development are constrained by geotechnical and water table levels. 

 

Should the development application be supported, it will be recommended that a Deferred Commencement Consent be granted, which will require resolution of the geotechnical and water table issues.  The applicant will return to the car parking issue when the geotechnical investigations involved with the construction of the basement can be completed, which will ultimately determine the extent of parking which will available for the development. 

 

Basement car parking will be designed accordingly.  At this time, Council will be in a position to assess the number of car parking spaces provided by the development, and the level of Section 94 contributions that may be payable, should the parking provision not comply with the current parking policy applicable at that time. 

 

Development Control Plan – Crime Prevention through Environmental Design

Consideration has been given to the principles of the DCP.  These are to provide a safe and secure development with adequate lighting, visual access and passive surveillance along both street frontages, and within and around the proposed walk through link.  Other aspects of the design to maintain security include:

·        Basement access that includes secure panel lift shutters with intercom system to maintain security.  (Depending on the amount of parking provided as a result of the geotechnical investigations, it is acknowledged that the shutter may need to be open during business hours to allow access for commercial and visitor parking.)

·        Surveillance opportunities are maximised through the provision of activation of the High Street frontage; internal glazing of the commercial areas, overlooking the internal centre court and arcade; external terrace areas to the commercial areas

·        Residential entries that are accessible only to residents and their visitors

 

The walk through link providing pedestrian access through the block is considered as a valuable aspect of the design of this building.     However, the site is within an area experiencing anti social behaviour.  With extensive sections of glazing, particularly at the ground level retail areas, the development may be vulnerable to increased crime by potential opportunists if the arcade is open to the public after hours. 

 

In light of this, a condition of consent will be imposed to provide a high quality security gate or shutter to each end of the arcade to secure the development after hours to protect it from anti social behaviour of opportunists.   These gates should be of a material that allows visual surveillance of the arcade, and be approximately 2-3m in height.    The design and operation of the gates should not detract from the architectural merit of the arcade. (It is noted that access to residential units is via two separate residential lobbies.)

 

Other conditions of consent will be imposed to minimise adverse risk of crime as much as possible. 

 

It is acknowledged, however, that although criminal activity may be reduced and safety will be increased through good design, there is no guarantee that all risks have been identified, or that the areas will be free from criminal activity.

 

It is considered that the proposal satisfies the objectives and provisions of the DCP. 

Development Control Plan - Waste Planning 

A Statement of Waste Management, dated April 2006, was submitted for consideration as part of the amendment proposal.  The Statement addresses issues of waste management during construction and after occupation of the premises.

 

There are two separated bin rooms located at the rear of the ground floor for commercial/retail and residential waste.  

 

The Statement has been assessed and is considered generally acceptable.   It is likely that the Strata Body Corporate will employ a caretaker, to ensure residential bins are positioned at the Union Lane frontage for servicing on collection days, and to ensure the return of the bins to the internal storage areas.  

 

This arrangement negates the need for waste storage rooms located at, or close to the street frontage, which is considered inappropriate in the CBD “main street” environment.   Council’s Waste Services Supervisor has assessed the waste management plan and considers that the arrangements with the caretaker are satisfactory. 

Section 94 Contributions

Should the development application be supported, Section 94 Contributions are applicable in accordance with the contributions plans for Penrith City Centre, Cultural Facilities and Library Facilities.  Such contributions would be imposed as conditions of consent, and be payable prior to the issue of a Construction Certificate, as shown in the following table.  

(For information, the contribution plan for Open Space applies only to land zoned residential, and the contribution plan for Footpath Construction applies to land in established residential areas as identified in the map to Schedule 4 of that plan.  The CBD is not identified on the map as an ‘established residential area’.)  

ESTABLISHED LANDS

Proposal:  mixed use – residential, commercial, retail

No of residential units

x

rate

=

Less credit for existing site

Total

15

x

2.4 persons

36

12 (4 lots x 3 persons)

24

 

AMOUNT

Contribution Plan

Contribution Rate x calculation rate

$Total

Library

243 x 24

5,832

Cultural Facilities

89 x 24

2,136

Net total

 

7,968

 

PENRITH CITY CENTRE

AMOUNT

Contribution Plan

Additional floor area* x calculation rate

$Total

Roads and Traffic

10812 x 58

   627,096

Community Facilities

10812 x 39

   421,668

Net total

 

1,048,764

 

*additional floor area =

 

proposed floor area                11802m2

less existing floor area               990m2  (based on applicant’s Statement of Environment Effects)

total additional floor area      10812m2

 

It is noted that the subject site is not located in the trunk drainage contribution catchment, and therefore contributions toward this aspect of the Penrith City Centre Section 94 Plan are not applicable.

 

With regard to car parking, the Penrith City Centre Section 94 Contributions Plan indicates that where parking cannot be physically provided on a site, Council may levy a contribution for the provision of parking in strategic locations within the City Centre.  Contributions for car parking spaces may be required to be imposed in the Operational Consent (Schedule 2), subject to the assessment of the geotechnical issues of the Deferred Commencement (Schedule 1), and the resulting number of basement levels and associated car parking that can be physically constructed.   The current rate for car parking is $12,780 per space. 

4.       Section 79C(1)(a)(iv)    Any Regulations

Environmental Planning and Assessment Regulation 2000

Clause 50 of the Regulation provides that a development application for a residential flat development, lodged on or after 1 December 2003, must be accompanied by a design verification statement from a qualified designer that confirms that:

 

(a)     he or she has designed, or directed the design, of the residential flat development, and

(b)     the design quality principles set out in Part 2 of State Environmental Planning Policy No 65 – Design quality of Residential Flat Development are achieved for the residential flat development.

 

This statement has been received from Mr Ray Rosen of D and R Architects, dated 17 May, 2006 satisfying the Regulation.  The architect’s associated report pursuant to SEPP 65 has also been submitted satisfying the Regulation, and is discussed later in this report. 

5.       Section 79C(1)(b) The likely impacts of the development

Public Domain

As a significant contemporary building in the CBD, consideration has been given to the aspects of the public domain that will be upgraded as part of this development.  The property has public frontage to High Street and Union Lane, and the proposal incorporates a pedestrian walk through link.  

 

As part of the City Centre Review, a strategy will be developed to identify a public domain hierarchy which will address such matters as footpaths treatments, types of street trees, forms of lighting, and extent of street furniture.  This will map and specify the standards that will be required for future developments.  

 

Ultimately, it is anticipated that different streets in the CBD will have different identities, patterns and rhythms, according to their hierarchy.   This process is likely to take some time to complete. 

 

In the meantime, should this development application be supported, conditions of consent can be imposed requiring the applicant provide a high quality standard of paving to the High Street frontage and arcade, and the provision of suitable street trees, prior to occupation of the building.  

 

 

The eastern wall of the arcade at ground floor will be constructed to provide linkage and connectivity for pedestrian access to any future development on the adjoining property. 

 

The building is provided with a contemporary metal and glazed awning at the High Street frontage, which wraps into the arcade.  If the application is supported, a condition will be imposed requiring the height of the awning to the underside at its western end to be a maximum of 4.1m, and the width to be such that the front edge will be 1300mm setback from the back of kerb for the full frontage, to allow for provision of street trees. 

 

Rather than having the upgrade of the public domain occur on a “building by building” or piecemeal fashion as developments occur, it would be prudent for Council to collect contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 in order that Council may carry out the public domain improvements in a more co-ordinated and comprehensive way.

 

The Penrith City Centre Section 94 Contributions Plan does not provide for these contributions to be collected.  It is also noted that the Section 94 Contributions Plan for Footpath Construction relates only to established residential areas of Penrith, and the CBD is not identified in the map to that Plan.   

 

It is envisaged that one of the outcomes from the current review of the CBD will be amendment of the City Centre Section 94 Plan to incorporate a dollar rate per lineal metre of property frontage, or another relevant rate, for the public domain works to be completed by Council. 

Social and Economic Impacts

The amended design for the mixed use complex demonstrates an improved proposal from those previously considered by Council.  The building has enhanced environmental quality, with regards to its streetscape appearance and its amenity for residents. 

 

The building will encourage street level retail activity, particularly with the convenient walk through link.   Opportunities for employment will be increased, both during and after construction. 

 

It is considered that an appropriate level of housing choice is presented in this design, having positive social benefits.  The design presented is particularly suitable for a contemporary building in the centre of the Penrith CBD and its desired future character.

Noise

A Noise Impact Assessment has been prepared by Reverb Acoustics, dated April 2006.   The assessment considered:

·        noise impact within habitable spaces and recreational areas from traffic in the CBD

·        impacts of noise from people leaving nearby entertainment venues

·        impacts from potential retail uses within the building, eg restaurant

·        noise from mechanical plant at nearby premises

·        noise from nearby commercial development

·        construction noise and vibration

 

The report finds that site is suitable for the mixed commercial/retail and residential use.  A number of recommendations have been made with regard to thickness and height of construction materials, including glazing standards.  Limited hours of construction for major earthworks, such as pile driving or rock breaking activities, are recommended to occur later in the morning and afternoon periods only.

 

Should the application be supported, a condition will be imposed requiring the recommendations of the report are carried out in the development, (such as the nature of construction materials, including glazing) and certification to be provided prior to occupation. 

 

Construction Management

A Construction Management Plan has been lodged in support of the development application.  The Plan outlines procedures to manage demolition, earthworks and construction activities.  

 

Pedestrians will be protected from the site by hoardings, traffic controllers when vehicles enter/leave the site, night lighting, and appropriate traffic barriers.  Pedestrian pathways will be maintained where practical. 

 

A fixed tower crane will be used during construction from within the site and designated a loading zone in High Street, and sometimes Union Lane, which will be managed by traffic controllers. 

 

A traffic layout plan and site layout will be provided to each trade or service provider which details ingress/egress routes to the site, including construction vehicles, deliveries, and waste removal.   Site workers will be encouraged to use public transport to and from the site.

 

Should the application be supported, conditions will be imposed confirming the procedures outlined in the Construction Management Plan.  Any temporary loading zones required during construction will be the subject of a separate application to the Local Traffic Committee and payment of the appropriate fees.

 

6.       Section 79C(1)(c)  Suitability of the site

The land is positioned on the southern side of High Street, near the intersection with Riley Street.  This central, convenient location is proximate to transport, shopping, leisure and dining, and passive and active recreational areas.  

 

The demolition of the existing buildings is supported, subject to appropriate recording of significant features of the existing shop facades.  No significant vegetation occurs on the property to restrict development.  

 

Geotechnical Considerations

The substantial matter to consider in the assessment of four basement levels of car parking is the effect that this quantity of basement parking is constrained as a consequence of the water table.  

 

The car parking basements extend some 11.6 metres below ground level, being RL 15.10m AHD at the Level 4 basement floor. 

 

Preliminary geotechnical advice has been submitted, however, a more detailed site investigation and comprehensive excavation and construction design techniques will be required to safeguard against basement flooding, ground movements, and particularly impacts on neighbouring structures and streets. 

 

For these reasons, it will be recommended that should the application be supported, the determination is to grant Deferred Commencement Consent, with Schedule 1 requiring evidence that the geotechnical issues can be adequately addressed. 

 

Council would engage the services of an independent geotechnical engineer to assess the Schedule 1 details when submitted.

 

Stormwater

 

There is concern raised that the stormwater drainage system in Union Lane may not have the capacity to accept the additional flows.   If this is the case, a stormwater detention will be required.  A study addressing this item will form part of Schedule 1 of the Deferred Commencement Consent.

 

7.       Section 79C(1)(d)  Any submissions

Throughout the assessment of the development application since its lodgement in December 2003, comments have been received from external agencies and internal assessment officers.   Submissions were also received during community consultation periods discussed below.  These comments and resulting conditions are discussed throughout the report.

 

8.       Section 79C(1)(e)  The public interest

Legal Opinion

Earlier in this report, the current development proposal was assessed against the provisions of the Floor Space Ratio Controls Development Control Plan and the Interim Development Guidelines – High Street (west) Precinct.  The differences of compliance were highlighted in the relevant tables. 

 

Previous Council reports have defended the importance of the  “if and only if” stipulation within Clause 8.3 of the Floor Space Ratio Controls Development Control Plan.   

 

Council’s Solicitors, Phillips Fox Solicitors, has provided legal opinion in respect to this and Council’s entitlement to favourably consider a development application that does not comply.  The direct quotes from Phillips Fox are provided in italics:-

 

 

 

 

 

a)       Was Council justified in refusing the Development Application in December 2005 for non-compliance with the current DCP?

 

“The decision to approve or refuse the Development Application is one for the Council.  Any DCP is a significant planning control, which must be given serious consideration by a consent authority in the assessment and determination of a development application.

 

“…Council was clearly entitled to resolve to refuse the Development Application in December, 2005 by reason of identified breaches of the current DCP, and subsequent failures to satisfy relevant aims and objectives of the LEP and specific objectives of the zone.”

 

b)      Is Council entitled to grant consent to the Development Application, notwithstanding continued non-compliance with controls within the current DCP?

 

The compliance tables presented above were provided to Phillips Fox.  

 

A summary of the principles relevant to the consideration of a development control plan, as recommended by the former Chief Judge of the Land and Environment Court, Justice McClellan, were provided in the advice, including:

 

“A development control plan which can be demonstrated, either inherently or perhaps by the passing of time, to bring about an inappropriate planning solution, especially an outcome which conflicts with other policy outcomes adopted at a State, regional or local level, will be given less weight than a development control plan which provides a sensible planning outcome consistent with other policies.

 

“Consistency of decision-making must be a fundamental objective of those who make administrative decisions.  That objective is assisted by the adoption of development control plans and the making of decisions in individual cases, which are consistent with them. …” 

 

In summary, the legal opinion concludes that there must be compelling reasons why a consent authority would not require any proposed development to comply with relevant provisions of a development control plan.

 

Council’s recent adoption of the Interim Guidelines for the High Street (west) precinct introduces new planning controls for the subject land.  All controls, other than minor, acceptable breaches of the height controls, are met.

 

It is the solicitor’s advice that the phrase “if and only if” does not mean that Council has no discretion to excuse compliance with the FSR controls within the current development control plan.    The consequence of a prohibition in a local environmental plan does not equate to a prohibition in a development control plan.

 

The Council is therefore empowered to grant consent to a development application, at a floor space ratio (up to) 4:1, notwithstanding the criteria in Clause 8.3 of the current development control plan.

 

Council must, however, consider the circumstances of the case, and consider whether it is appropriate to grant consent, notwithstanding the non-compliance with the design criteria.    It must also consider the interim controls within the Precinct Plan and the likely future character of the locality. 

 

The advice concludes that, “if there is a high degree of certainty that the controls in the Precinct Plan, or controls similar thereto, will be adopted by Council, then in my opinion, that is sufficient ground to allow assessment of the development application against the new controls.  At the same, time, that would be sufficient ground to allow approval of the development application with a floor space ratio of (up to) 4:1, notwithstanding non-compliance with all of the criteria contained in Clause 8.3 of the current development control plan.

Community Consultation

The original plans lodged with the application were notified in accordance with Council’s Advertising and Notification DCP from 13 January 2004 and 27 January 2004, however submissions were received up until 12 February 2004.

 

Five submissions were received, raising concerns in relation to:

 

·        Traffic congestion

·        Visual eyesore

·        Inconsistent with character of Penrith

·        Will result in overcrowding

·        Large floor plates with poor natural lighting

·        Requests for copies of guidelines/requirements

·        Practical limitations of Government Architect’s vision

 

The amended plans the subject of this report have not been readvertised.  Those persons who lodged submissions previously have been advised of this item on Council’s agenda. 

Conclusion

The development application has undergone extensive consideration since its receipt in December 2003.    At that time, the gazetted local planning instruments and adopted development control plans for development in the CBD did not envisage the scale of development proposed.  

 

In December 2002 a discussion paper was released which prompted the City Centres Review.  Council’s interim policy position on the built form for the Penrith City Centre was adopted on 8 December 2003, and since that time, a raft of technical studies were undertaken throughout 2004 and 2005.  These included an urban design analysis of Penrith, undertaken by the Government Architect’s Office in June 2004 and a Community Visioning report completed in January 2005. Council’s interim policy position was reaffirmed on 22 November 2004.   The technical studies were exhibited during March this year. 

 

The urban design analysis identified constraints and opportunities for development within the Penrith Town Centre and identified proposed activity precincts and a maximum built form for the City.  In relation to the subject site, a maximum built height of 5 storeys and mixed use land use was nominated.  In order to provide certainty and to establish a clearly articulated position that reflected the general direction of the City Centres project, Council adopted the Interim Development Guidelines for the High Street (West) Precinct, of which the subject site is included, and the Former Chamber site. 

 

This has allowed the amended design for a mixed commercial, retail and residential building in High Street, Penrith, to be presented to Council for a favourable determination.  Whilst the proposal has been assessed against the gazetted planning instruments and the adopted development control plans, the planning framework is now in a stage of transition with the City Centre Review and the associated Precinct Plans, and it is appropriate to consider the subject proposal against these findings. The legal opinion received supports this view.

 

The mixed use building is permissible with consent in the General Business zone and meets the objectives of the Penrith Local Environmental Plan 1997 and the zone by providing an increased range of uses, in a convenient location in the CBD, enhancing economic potential, with employment opportunities during and after construction.  The convenient walk through link increases the pedestrian movement opportunities and activity between streets.

 

The amended proposal provides a mixture of contemporary architecture, resulting in a modern and dramatic complex.   It is considered that an appropriate level of housing choice is provided in this design, having positive social benefits and is particularly suitable for a contemporary building in the centre of the Penrith CBD.

 

Development of the site is, however, restricted by geotechnical and water level constraints.  Investigations into these constraints are required.  Ultimately, the amount of basement parking that can structurally be provided on this site will be determined by the outcome of the geotechnical investigations.  Further investigations into the stormwater capacity of Union Lane will also be required.

 

It is recommended that the development application (DA03/3292) for a six storey mixed retail, commercial and residential building over basement parking be supported, and be granted a Deferred Commencement Consent.

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith be received

2.      The Development Application 03/3292 be granted a Deferred Commencement Consent.  The Development Services Manager is to be satisfied that the items listed within Schedule 1 are satisfied prior to an Operational Consent being granted, which is subject to the non-standard and standard conditions listed in Schedule 2.  Items listed within Schedule 1 are to be lodged within 12 months of the date of this Deferred Commencement Consent:

Schedule 1

2.1     A study by an appropriately qualified Geotechnical Engineer is required to be submitted to Council for assessment in regards to the groundwater conditions.  The report is to address the depth of excavation and long-term stability of the proposed building in relation to the groundwater.  The report is also to address the stability of the road and footpath during excavation and construction works.

2.2     As a result of these investigations, the basement level(s) car parking is to be designed in accordance with the car parking policies and Australian Standards applicable at the time

2.3     A stormwater study is to be completed to assess the capacity of Council’s existing stormwater system in Union Lane.  The study is to investigate the capacity of the existing pipeline and in the event that there is not enough capacity in the existing system recommend an appropriate level of an on site detention to reduce stormwater discharge from the site, so the existing system is not overloaded.

Schedule 2

These conditions may be altered or added to as a result of the Schedule 1 investigations.

 

3.1  Standard conditions

A003 – deferred commencement approved plans

A008 –  works to BCA requirements

A011 –  Engineering Works DCP

A014 – lot consolidation (Lot 1, DP 779550; Lot 2, DP 154388; Lot 1, DP 576961; and Lot B, DP 152524)

A026 – advertising signs

A037 – positive covenant – To ensure glazing at ground level remains transparent

A039 – graffiti

B001 – demolition of existing structures

B002 – demolition and disposal to approved landfill site

B003 – asbestos

B004 – dust

B005 – mud/soil

C002 – archival recording

D001 – implement sediment and erosion control measures

D009 – covering of waste storage area

D010 – appropriate disposal of excavated or other waste

D013 – approved noise level 1

D014 – plant and equipment noise

E01A – BCA compliance for Class 2-9

E006 – disabled access and facilities

E008 – fire safety list

E009 – annual fire safety – essential fire safety Class 2-9

F006 – water tank and nuisance

G002 – Section 73

G004 – Integral Energy

G005 – rainwater tank plumbing

H01F – stamped plans, erection of site notice Class 2-9

H002 – all forms of construction

H003 – traffic safety during construction works

H011 – engineering plans and specifications

H013 – further details of building components (a, c, d, e, g)

H022 - survey (lowest basement level, ground floor slab level, highest roof level)

H033 – clothes drying facilities

H036 – rainwater tank

H038 – connection of rainwater tank supply

H041 – hours of work (Limited hours of construction for major earthworks, such as pile driving or rock breaking activities, are recommended to occur later in the morning and afternoon periods only)

I003 – Roads Act approval (b – provision of heavy duty crossings in Union Lane, e – provision of heavy duty footpath crossings in Union Lane, g, i, h, k – in Union Lane

I004  - Roads Act approval (e)

K009 – Where required

K019 – drainage connection to Council’s system

K025 – pavement seal

P001 – costs

P002 – fees associated with Council land

L001 – general landscaping as (amended by Level 4 architectural)

L002 – landscape construction

L003 – report requirement

L005 – planting of plant material

L006 – AS requirements

L008 – Tree Preservation Order

N001 - Section 94 Library Facilities $5,832.00

N003 - Section 94 Cultural Facilities $2,136.00

N004 - Section 94 Penrith City Centre – Roads and Traffic $627,096.00; Community Facilities $421,668.00

Q001 – Notice of commencement and appointment of PCA

Q006 – Occupation Certificate for Class 2-9

Q010 – BASIX

4        Non-standard conditions

General

4.1     Balustrades to the commercial tenancies on Level 3 are to be provided with translucent material to match those balustrades on Level 2.

 

4.2     An easement for pedestrian access shall be created between High Street and Union Lane for the arcade

 

4.3     To avoid glare, non-reflective glass is to be used in both street elevations.  Details shall be provided prior to the release of an Occupation Certificate. 

 

4.4     The glazing on the northern building façade is to be treated with solar protection.  Details shall be provided prior to the release of an Occupation Certificate. 

 

4.5     No advertising or logos are to be installed above the retail level awning in any elevation throughout the life of the development

 

4.6     A maximum of 40% coverage of windows on ground floors is to be used for display of signage

 

4.7     To assist Council’s Garbage Contractors, access to the bin storage room from the street must be without the use of keys or other locking devices

 

4.8     To protect the amenity of the CBD area, the Body Corporate and/or manager of the complex will be responsible for the placement and return of bins to Union Lane for servicing, and that it is conducted in a timely manner

 

4.9     Prior to occupation, lighting for the development is to be provided in the following manner:

 

(a)               To address increased pedestrian traffic that will be generated by the development within the CBD, prior to occupation, the supply and installation of Australian Standard Category P3 street lighting is required on High Street.  Lighting at the rear of the building on Union Land is to be upgraded to Australian Standard Category P1

(b)               All street awnings are to be fitted with under awning lighting

(c)               Entrances and exits to all units, communal space and the basement car park shall be well lit to clearly illuminate areas where people are most vulnerable.  This is to incorporate letterboxes and garbage areas.  Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas

(d)               Lighting shall be vandal resistant

(e)               Lighting shall be contained within the property boundary (except in the case of entrances/exits and under awnings) and no light shall be projected upwards

(f)                Building lighting shall be mounted in a manner that does not       cause glare to approaching pedestrians

 

                             4.10   Prior to occupation, treatment to basement car parking area is to be                                provided in the following manner:

(a)     All surfaces are to be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible

(b)     All potential entrapment points are to be avoided, eg under stairs, blind corners and wide columns.  Adequate lighting and mirrors shall be used when certain design features are unavoidable

(c)     The car park shall be accessible by tenants/residents of the building only.  A security gate system shall be installed on the building entry/exit point, with for example, the use of swipe card security system

(d)     An intercom security system shall be installed in all levels of the car park

(e)     Consideration is to be given to the provision of emergency phone/help points in all levels of the basement

(f)      Commercial and residential car parking shall be separated to allow increased safety and security for residential tenants.  This will allow residential tenants to be better equipped to be “capable guardians” providing passive surveillance for after hours movements within the car park and the residential sections of the building

(g)     Access to the car park for commercial tenants and their staff members should be on a restricted basis

 

          Details of the above items are to be submitted with the              Construction Certificate

 

4.11   Prior to occupation, security of the complex is to be provided in the   following manner:

(a)     The pedestrian walk-through link shall be closed after hours.  High quality gates or shutters that allow for visual surveillance is required, with an approximate height of 2-3m

(b)     The installation of a high quality CCTV monitoring system is to be installed in the public areas of the commercial section, covering the entry/exit points.  Entries and exists should be clear of vegetation

(c)     CCTV coverage of the foyer area of the residential section is to be installed covering entry/exit points.  Entries and exists should be clear of vegetation

(d)     The CCTV monitoring system should be capable of providing   footage and information to assist Police enquiries should the need arise

(e)     Clear signage identifying private areas is to be erected

(f)      The street numbers identifying the building are to be clearly       visible on the building, for visitors and emergency services

 

          Details of the above items are to be submitted with the Construction   Certificate

 

Heritage

 

4.12  A qualified heritage consultant shall prepare and submit a heritage       interpretation plan for approval prior to the issue of a Construction Certificate.  The Interpretation Plan is to achieve the following outcomes:

(a)     identifies significant elements of the existing buildings on the       site (including fenestration/window treatments, tiling and flooring treatment, awning line) that may be appropriate reinstated or re-interpreted to enhance its contribution to the recognised heritage values of the streetscape in a manner that takes into account the overall form, height and function of the proposed contemporary building

(b)     provides details of the shop frontages to High Street and treatment of the eastern wall of the arcade

 

The approved Interpretation Plan is to be implemented during the construction period.  Prior to the issue of the Occupation Certificate, the supervising heritage architect shall submit a written report indicating that the Interpretation Plan has been implemented in conformity with the approved Interpretation Plan

 

Construction

 

4.13  The office component of the development is to achieve an Australian   Building Greenhouse Rating (ABGR) of 4.5 star energy efficiency          performance rating.  Certification is to be provided as part of the    Construction Certificate

 

 

 

.

 

 

 

 

 

Engineering

 

4.14   All off-street parking spaces are to be linemarked and maintained for the development.  The parking space dimensions and manoeuvring areas are to comply with AS2890.1 and AS2890.2, the Building Code of Australia and the Commonwealth Disability Discrimination Act.

 

4.15   Car park level(s) shall be designed so that all accessible parking is      located adjacent to or within the immediate vicinity of the lift shaft(s).

 

4.16  Any temporary loading zones in either High Street or Union Lane that           may be required during construction will be the subject of a separate         application to the Local Traffic Committee and payment of the appropriate fees

 

4.17  Existing parking restrictions in High Street and Union Lane are to        remain

 

4.18  Bicycle parking racks are to be installed on the Retail Ground Floor    Level (as a minimum) in appropriate locations so as not to hamper    pedestrian activity

 

4.19  The crest of the driveway leading to the basement car park is to be a minimum 150mm above the top of kerb in Union Lane

 

Landscaping and Public Domain

         

4.20   The structure of the atrium skylight is to be amended in order that       daylight access to residential Units Nos 7, 8 and 9 is not compromised

 

4.21   Prior to occupation of the building, suitable street trees are to be planted along the High Street frontage of the building.  Liaison with Council’s Landscape Services Supervisor is required to determine details of the proposed species, size, number and placement of the trees.   Paving detail around the trees shall be in accordance with Council’s Paving Specification for Asphalt “Pavement Texturing”

 

4.22   To allow for the provision of street trees, the height of the awning to the underside at its western end to be a maximum of 4.1m, and the width to be such that the front edge will be 1300mm setback from the back of kerb for the full frontage

 

4.23   Prior to occupation of the building, high quality unit pavers are to be   provided to the pedestrian walk-through link and High Street, and paved sections at the rear of the building.  Liaison with Council’s Landscape Services Supervisor is required to determine details of the specifications for paving

 

3.      In addition to the conditions listed above, the following advices be provided to the applicant at the end of Schedule 2:

(a)     In accordance with the Roads Act 1993, only the Council can issue a Construction Certificate for works within an existing road reserve

4.      Those persons who made a written submission during the assessment period be advised of Council’s decision

 

 

ATTACHMENTS/APPENDICES

1. View

High St map

1 Page

Appendix

2. View

High St 1

5 Pages

Appendix

3. View

High St 2

4 Pages

Appendix

4. View

High St 3

3 Pages

Appendix

 


Ordinary Meeting

19 June 2006

Appendix 1 - High St map

 

 

 


Ordinary Meeting

19 June 2006

Appendix 2 - High St 1

 

 

 






Ordinary Meeting

19 June 2006

Appendix 3 - High St 2

 

 

 





Ordinary Meeting

19 June 2006

Appendix 4 - High St 3

 

 

 




Ordinary Meeting

19 June 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

4

Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook  Applicant:  David & Sharon Ryan;  Owner:  David & Sharon Ryan

DA05/0633

Compiled by:                Brad Roeleven, Contract Planner

Authorised by:             Paul Lemm, Development Assessment 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 seek endorsement from Council to vary a restrictive covenant and to determine a development application for the construction of a dual occupancy. The report recommends that this restriction be varied and that the dual occupancy be approved subject to conditions.

 

Introduction

It is proposed to construct a new dwelling house in addition to an existing dwelling on the site to create a detached dual occupancy. Complicating the matter is a Section 88B instrument, under the Conveyancing Act 1919, which includes the following restrictions for development upon this site:

 

“2.   No more than one main building shall be erected or permitted to remain on any lot burdened.

 

3.      No main building shall be erected or used for any lot hereby burdened otherwise than as a single private dwelling house.”

 

The reference to “one main building” could be interpreted as meaning the site could only support one dwelling.

 

This report provides details of the proposal, an assessment of the key issues and recommends that Council:

 

·    Vary the abovementioned Section 88B restrictions

·    Approve the existing shed

·      Approve the detached dual occupancy subject to conditions

Background

The subject site was created by an approval granted by Council in 1991 for the subdivision of Lot 239 DP 804883 into 2 allotments. As a result of that subdivision, various restrictive covenants that applied to original Lot 239 were transferred onto both of the newly created lots, including the subject site.

 

Many local planning instruments often include provisions that suspend the effect of restrictive covenants that would otherwise prevent development that is permissible with consent under the relevant local environmental plan. In this instance, Penrith Local Environmental Plan 201 permits dual occupancy on this site with consent, however the LEP does not include provisions that suspend the restrictive covenants.

 

Consequently, Council can only approve this application for a detached dual occupancy if it also agrees to release the relevant Section 88B restrictions identified above.

The Site

The site is located at the end of the Woodside Glen cul-de-sac. It has trapezoidal shape with boundary dimensions of 62.52 along the eastern boundary, 79.17m along the northern boundary, 51m along the western boundary and 71.70m along the southern boundary and a total area of 5026m2. The site has a gentle slope towards the street frontage.

 

A brick dwelling house has been constructed towards the centre of the site, with an adjacent swimming pool. A large metal shed is located at the south-western corner of the site.  A substantial driveway provides vehicle access to the front of the dwelling, and also extends beside and behind the dwelling providing access to a garage and the detached shed.

 

The site contains approximately 63 trees along the boundaries and throughout other yard areas.  A 5m wide drainage easement extending from Wyang Glen to Woodside Glen crosses the north eastern corner of the allotment, and then continues generally adjacent the eastern site boundary to the street frontage.

The Proposal

The application seeks to:

 

·    Create a detached dual occupancy by constructing a second, single storey dwelling house (comprising 1 bedroom, a study room, a family room, a kitchen and a lounge room) immediately adjacent the northern elevation of the existing residence

 

            The dual occupancy dwelling is to be constructed with brick veneer and tile roofing, and be of the same design and presentation of the existing home. It would be located 45m from the front boundary, 17.50m from the eastern boundary and 5.50m from the northern boundary, and separated from the existing dwelling by 2.0m

 

            The development will result in the loss of two eucalyptus trees due to the location of the new dwelling.

 

·    Formalise the existing shed, which appears to have been constructed without consent by a previous owner.

 

·    Incorporate an On-site Sewerage Management System to cater for the new dwelling.

Planning Assessment

1.       Section 79C(1)(a)(i) – Any Environmental Planning Instruments

Hawkesbury-Nepean catchment and as such is subject to Sydney Regional Environmental Plan (SREP No. 20) - Hawkesbury-Nepean River (No. 2 – 1997)

The site is subject to the provisions of SREP No. 20. The proposed development will be consistent with the relevant specific planning policies and strategies nominated in clause 6 of the Plan subject to conditions, in particular relating to on-site effluent management and erosion/sediment control (Special Conditions 1, 2, 3 and Standard condition D001).

Penrith Local Environmental Plan 201 – Rural Lands

Permissibility

 

The property is zoned 1 (C) (Rural Zone –Rural/Residential) under LEP 201. The proposal is defined as a “dual occupancy” and is permissible with Council’s consent in this zone.

 

Development Controls

 

The following controls within the LEP are relevant in the consideration of this proposal:

 

Clause 20 –Flood Liable Land

 

The subject allotment is not affected by the Interim Policy for the Development of Flood Liable Land.

 

Clause 21 – Provision of Services

 

This clause provides that consent shall not be granted unless Council is satisfied that:

 

·    Adequate support services and utilities are, or will be, available within a reasonable time

·    Where necessary, arrangements satisfactory to the Water Board have been made for the amplification and reticulation of water

 

The site is currently served by a reticulated water supply. Any consent issued for this application would include a condition requiring the applicant to obtain a Section 73 Certificate from Sydney Water to ensure that supply is suitable for the intended use of the land (Standard Condition G003).

 

No reticulated sewer system is available in this locality, and consequently this proposal relies upon the installation of an aerated wastewater treatment system. Opportunities for effective effluent disposal on this allotment are constrained by the:

 

·    Location of the open drainage easement

·    Extent of tree coverage

·    Extent of existing development

·    Need to ensure the effective operation of the existing onsite disposal system servicing the existing dwelling

·    Need to maintain adequate buffer zones to adjacent sites

 

Council’s Senior Environment Officer did not support the arrangements for onsite effluent disposal originally submitted with the application. Consequently the applicant was required to provide additional information to address concerns with that initial option, or nominate an alternative system for effluent disposal.

 

Consideration of various options for resolving this matter were then the subject of extensive investigations, with considerable input by Council staff. Council’s Senior Environment Office ultimately advised that:

 

·    Standard surface irrigation would not be suitable for this site

·    The clay soils are not likely to facilitate successful subsurface irrigation without some prior soil improvement

·    A customised solution would be achievable that combines soil improvement and subsurface irrigation lines

 

To facilitate this customised solution Council’s Senior Environment Officer has provided a series of conditions to guide the formulation of the onsite effluent disposal system that will satisfy the requirements of Council’s On Site Sewer Management Strategy and Australian Standard AS1547: 2000. These conditions require the relevant details to be submitted Council for approval, and for those works to be completed, prior to the issue of any Occupation Certificate for the dual occupancy. (Special Conditions 1, 2 & 3).

 

Accordingly this proposal can satisfy Clause 21of the LEP.

 

Clause 34 – Detached dual occupancy in the 1(c) zone

 

This application satisfies this clause in that it would not result in ore than 2 dwellings on the subject allotment.

 

Clause 40 – Development of certain land at North Cranebrook

 

This clause provides a series of objectives and performance criteria to be considered in the assessment of any application for subdivision or development of certain land at North Cranebrook, including the subject site. In summary, these provisions relate to:

 

·    Protection of the rural setting and context

·    Protection of the environment and heritage items

·    Protection of natural landforms and features

·    Provision of services

 

Assessment confirms that no element of this proposal is inconsistent with the provisions of this clause. 

 

2.       Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

Draft Local Environmental Plan 1999 (Flora and Fauna Conservation)

There are 63 trees dispersed throughout the site. This proposal will result in the removal of

two trees. This is not considered to be significant given that all other existing vegetation will be retained, and the proposed landscape plan provides for a number of replacement plantings in appropriate locations. The proposal is therefore not likely to have detrimental impact on the Flora and Fauna Conservation.

3.       Section 79C(1)(a)(iii) – Any Development Control Plans

Rural Development Control Plan

The general aim of this DCP is to encourage a proper balance between the built form and the natural environment.

 

Part B of the DCP addresses development issues. Those matters within Part B relevant to the assessment of this proposal are addressed below:

 

Access

 

The proposed dual occupancy will make use of the existing accessway for vehicular and pedestrian access, which is considered to be satisfactory.  Therefore no changes to the existing site conditions are proposed.

 

Car Parking

 

The DCP requires 1 parking space to be provided for each dwelling.

 

The existing dwelling has garaging for 2 vehicles plus room for 2-stacked parking spaces on the driveway. The existing shed has space for 2 vehicles and can cater for an additional 2 vehicles on the sealed area adjacent.

 

The proposal hence complies with the parking requirements of the DCP. 

 

Building Setback

 

The DCP requires that building on this site be setback 15m from the boundary.  The proposed new dwelling is positioned 45.0m from the front boundary and hence complies with DCP.

 

Soil erosion and sedimentation

 

The DCP requires that adequate consideration be given to the potential erosion of soils and the sedimentation of downstream watercourses or drainage systems. Standard condition D001 is recommended to ensure that soil erosion and sediment control plan is in place prior to commencement of any construction works on this site.

 

Part C of the DCP addresses Housing, including dual occupancy development. This proposal fully satisfies the prescriptive and performance controls in this section of the DCP.

 

Part F of the DCP includes controls specifically for land zoned 1(c) under Penrith Rural Lands LEP 201 relating to subdivision, retention of vegetation, protection of streetscape, provision of services, landscaping and flooding.  This proposal fully satisfies the prescriptive and performance controls in this section of the DCP.

Rural Sheds Development Control Plan

The existing shed positioned in the northwest corner of the site appears to have been constructed without the approval of Council, prior to the site being purchased by the applicant. Consequently this application is also seeks consent to resolve this situation.   

 

Accompanying this application is a certification from A L Wood confirming that this shed has been satisfactorily constructed.

 

Council cannot grant a retrospective Development Consent for the shed, however Council can grant approval for the continued use of the building for non-commercial/industrial/habitable purposes.

 

In consideration of this issue the shed has been assessed against the provisions of Council’s Rural Sheds DCP. The main objectives of this DCP are to:

 

·    Integrate rural sheds with landscape so that they complement the rural character of an area and are not visually dominant

·    Ensure that rural sheds are located to have minimum impact on existing trees an vegetation and on the potential use of the land for agriculture

·    Preserve the natural environment

 

The primary development controls in the DCP prescribe that rural sheds should not exceed 150m2 in area, and have a maximum ridge height of 5.0m and an external wall height of 3.00m.

 

The shed is considered to comply with performance and prescriptive provisions given that it:

 

·    Does not exceed the size and maximum heights set out in the DCP

·    Is setback about 60m from the boundary to Woodside Glen, and is reasonably screened by existing trees on the site

·    It does not pose any adverse visual impacts on adjoining owners or the streetscape

·    Is finished in earth-toned colours that complement the rural character of the area

 

Consequently this report recommends that no action be taken regarding the unauthorised construction of this shed, and that suitable conditions be imposed to limit the way in which the shed can be used. (Standard Condition A020)

Notification and Advertising Development Control Plan

The application was notified from 29 April 2005 to 13 May 2005 in accordance with this plan. No submissions were received.

Cranebrook Rural Residential Development Control Plan

This DCP (numbered C-019) is applicable to this site and requires that any subdivision should have a minimum site area of 5000m2. This site has a total area of 5026 m2 and hence compliance with this DCP requirement. It is noted however that this application does not propose to further subdivide the subject site.

4.       Section 79C(1)(a)(aiii) – Any Planning Agreements

There are no planning agreements to be considered.

5.       Section 79C(1)(a)(iv) – The Regulations

There are no provisions relevant to this application.

6.       Section 79C(1)(b) – The Likely Impacts of the Development

Context & Setting

This issue addresses the relationship of a development to its immediate locality and primarily encompasses matters such as the built environment, existing land uses and scenic/visual elements.

 

The bulk, scale and presentation of the new dwelling are satisfactory as the development provides an appropriate design relationship with the existing dwelling onsite and is also compatible with the prevailing built form in the locality.

 

The nominated external finishes are appropriate for the rural setting and complement those of the existing dwelling. Proposed landscaping includes additional plantings along the eastern and northern boundaries to provide screening. Setbacks from the street and side boundaries will preserve the visual qualities of the locality, and will not result in any adverse impacts upon the privacy or amenity of adjacent developments.

Environmental Impacts

No adverse impacts have been identified regarding matters of:

 

·    On site effluent disposal

·    Collection and disposal of stormwater

·    Tree removal

·    Sediment and erosion control

7.       Section 79C(1)(c) – The suitability of the site for the development

No circumstances have been identified to indicate this site would not have the capacity to support a dual occupancy development as proposed by this application.

8.       Section 79C(1)(d) – Any submissions

Refer to comments above regarding Council’s Notification and Advertising Development Control Plan.

9.       Section 79C(1)(d) – The public interest

As mentioned earlier in the report a number of restrictive covenants imposed on the parent (original property) Lot 239 DP 804883 were transferred onto the subject allotment as a consequence of the subdivision of Lot 239 in 1991.

 

In relation to this proposal, two of those restrictions are relevant, as they could be interpreted as precluding dual occupancy development on the subject site. These two covenants are:

 

“2. No more than one main building shall be erected or permitted to remain on any lot burdened.

 

3.   No main building shall be erected or used for any lot hereby burdened otherwise than as a single private dwelling house.”

 

The Section 88B instrument notes that Penrith Council is the authority benefited by these two covenants, and that Council is empowered to release, vary or modify these two restrictions.  As Local Environmental Plan 201 does not include any provisions that would suspend these two restrictions, this development application can only be approved if Council also resolves to suspend these covenants.

 

It is submitted that Council should agree to vary these two restrictions for the following reasons:

 

·    Dual occupancy development is permissible on the subject site under Local Environmental Plan 201

·    The proposal is consistent with the rural 1(c) zone objectives and relevant provisions within LEP 201

·    The merits of the proposal are satisfactory having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act

·    No public objections have been received

 

Special Condition 6 requires that the formal removal of these restrictions from the Section 88B Instrument be completed prior to any Construction Certificate being issued for the new dwelling.

 

It is possible that other allotments in the subdivision that created parent Lot 239 could also be affected by the same Section 88B restrictions affecting this subject site. However rather than seek to also have these Section 88B restrictions removed from any other allotments it is appropriate that these restrictions be addressed on a case by case basis as the issue arises. This contention is based upon the constraints that onsite effluent disposal could have in determining the suitability of any such sites to support an additional dwelling.  

Section 94 contributions:

North Cranebrook Release Area Section 94 Contributions Plan

This Plan prescribes that dual occupancy or medium density development shall be levied at the rate of one lot per additional residential unit. Consequently this proposal attracts the following contributions: 

 

Facilities

Rate per lot $

Total Amount $

Account No.

Roads & Traffic

1571

1571

RA110011

Trunk Drainage

759

759

RA110031

Community Facilities

1725

1725

RA110101

Community Facilities Land

305

305

RA110111

Open Space land

1689

1689

RA110081

Open Space Facilities

638

638

RA110131

Administration

118

118

RA110141

Total

6805

6805

 

 

A condition will be included in the development consent requiring the payment of the above contribution prior to the release of any Construction Certificate.

Cultural Facilities Section 94 Contributions Plan

 

This plan applies anywhere residential development is permitted. The contribution is to be calculated on a per person rate, with dual occupancy development assessed at an occupancy rate of 3 persons. Consequently this proposal attracts the following contribution: 

 

CALCULATION

 

Proposal : Dual Occupancy Development

 

No. of units

x

Occupancy Rate

-

Credit for existing dwelling/s

Total

2

x

3 per Unit

-

1 dwellings  @ 3 persons per dwelling = 3persons

3 persons

AMOUNT

S.94 Contribution Plan

Contribution Rate x Calculation rate

Total

 

 

 

 

 

 

Cultural

$  89.00 x 3

$ 267

 

 

 

 

NET TOTAL

$ 267.00

 

A condition will be included in the development consent requiring the payment of the above contribution prior to the release of any Construction Certificate.

Conclusion

This application seeks consent to construct a detached dual occupancy, immediately adjacent the existing dwelling. Such is permissible on this site under Local Environmental Plan 201.

 

The principal constraint to be resolved with this proposal has been the issue of on site effluent disposal. Detailed investigation of this matter has established that it is possible to design a customised wastewater system that will satisfy the requirements of Council’s On Site Sewer Management Strategy and Australian Standard AS1547: 2000.

 

The proposal otherwise complies with relevant planning controls, and is satisfactory on merit relative to the provisions of Section 79C of the Environmental Planning and Assessment Act.   

 

However, a complication to the determination of this application are the affects of two restrictive covenants which could be interpreted as preventing dual occupancy development on this site, notwithstanding the provisions of Local Environmental Plan 201.

 

Penrith City Council is the authority benefited by these restrictions, and Council is also empowered to release, vary or modify these covenants. This report recommends that Council remove these restrictions to enable the dual occupancy development to proceed, for the reasons stated in “The Public Interest” Section.

 

With regards the lack of consent for the existing detached shed, it is recommended that approval be granted of the continued use of this structure for non-habitable and non-commercial/industrial purposes.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook be received.

2.     The restrictions on the use of the land secondly and thirdly mentioned in the Section 88B Instrument applying to Lot 231 DP 828616 (No. 20-21) Woodside Glen, Cranebrook be varied to permit a detached dual occupancy development and the Common Seal of Penrith City Council be affixed to all necessary documentation.

3.   The application for the construction of a second dwelling as a dual occupancy and a shed on Lot 231 DP 828616 (No. 20-21) Woodside Glen, Cranebrook be approved subject to following conditions:

Standard Conditions

 

               3.1      A002 - Approved plans 

A008 - Works to BCA requirements

A009 - Residential Works DCP

A011 - Engineering works DCP

A019F - Compliance Certificate

A020 (shed) - Building to be used for commercial or habitable purposes

A039 - Graffiti

A043 - Air conditioning

D001 - Sediment and erosion control

D005 - No filling with out consent

D007 - Cut and fill

D009 - Covering of waste storage areas

D010 - Disposal of excavated or other waste

E001 - BCA compliance

E005 - Smoke detectors

F009 to F016 inclusive – on site sewer systems

G003 - Section 73 certificate

G004 - Integral Energy

G005 - Rainwater tank

H01F - Stamped plans

H002 - Site facilities and management

H04I - Hours of work

H013 c), e), f), g), h)  - Further details of building components

H015 - Termites

H031 -

H036 - Rainwater tank

H038 - Rainwater tank connection

H039 - Rainwater tank pump

I003 - Roads Act approval

K001 - Engineering works

K003 - Drainage design

K016 - Stormwater

K019 - Connection to Councils system

K025; access concrete/bitumen  -pavement seal

L001 - Landscape plan

L002 - Landscape construction

L003 I) & ii) - Report requirement

L005 - Plant material

L007 - Tree protection

L008 - Tree Preservation Order

P002 - Fees associated with Council land

N001 NCRA $6,805.00 – Section 94 contribution 

N001 Cultural Facilities $267 – Section 94 Contribution

Q001 - Notice of Commencement

Q005 - Occupation Certificate

Q010 - BASIX Certificate

Special Conditions

 

3.2      Design specifications of a sub-surface effluent disposal system are to be provided to Council for approval prior to the issue of an Occupation Certificate. The system should be designed with consideration of sub-surface drip irrigation and evapo-transpiration bed/trench technologies, a combination of the two or an equivalent sub-surface effluent disposal system (refer to Australian Standard AS1547: 2000). In this regard as absorption trench is not acceptable and should be replaced with a subsurface irrigation due to the slope and risk of effluent running to one end of trench:

3.2.1    Effluent disposal areas are to be planned in accordance with the buffer requirements detailed in the Penrith City Council On-site Sewage Management Strategy and to maximise sunlight exposure

 

3.2.2    The buffers detailed in the Penrith City Council On-site Sewage Management Strategy, site characteristics, building locations, boundaries, driveways, paths, swimming pools, watercourses and dams (including those on surrounding properties) are also to be clearly shown on the plan

 

3.3.3    Treated effluent is to be evenly distributed over effluent disposal areas in accordance with AS1547: 2000

 

3.3      Prior to the issue of an Occupation Certificate and construction of the effluent irrigation system, written certification is to be provided by an appropriately qualified electrician to the Principal Certifying Authority and Council stating that the proposed effluent disposal locations will not conflict (or pose any hazard) with the driveway lighting and associated electrical lines

3.4      The on-site sewage management system is to be installed in accordance with the approved site plan prior to the issue of the Occupation Certificate

3.5      The external finishes of the new dwelling are to complement the existing dwelling’s external finishes. Details are to be submitted along with the Construction Certificate to Council for consideration and approval.

3.6      No Construction Certificate shall be issued for the dual occupancy building approved under this Notice until such time as the Principal Certifying Authority is provided with documentary evidence that the that the restrictions secondly and thirdly referred to in the Section 88B instrument applying to the subject site have been formally deleted.

 

ATTACHMENTS/APPENDICES

1. View

20 Woodside Glen, Cranebrook

4 Pages

Appendix

 


Ordinary Meeting

19 June 2006

Appendix 1 - 20 Woodside Glen, Cranebrook

 

 

 





Ordinary Meeting

19 June 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

5

Development Application 05/1991 - Proposed construction of a Kindergarten block, Administration and Primary blocks with associated Site Works, Car Parking and Landscaping at Lot 502 DP 866791 Wentworth Road, Orchard Hills  Applicant:  Sydney Anglican Schools Corporation;  Owner:  Sydney Anglican Schools Corporation

DA05/1991

Compiled by:                Zia Ahmed, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Assessment Manager 

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

Critical Action: Lead social planning partnerships with others to effectively respond to the social needs of the City’s diverse communities.

     

Purpose:

To enable Council to determine a development application for additional school facilities.  The report recommends approval of the application.

 

Background

Council originally refused a development application for Penrith Anglican College for the construction of a school complex on Lot 501.  It was, however, approved by the Land and Environment Court in 1996 (Development Consent No. 95/0412). The College commenced in 1997 and had its first intake of students in 1998. In 2000 Council granted a further development consent to erect shade structures within the school premises. 

 

Representatives of the Anglican Schools Corporation first met with Council in 2000 to discuss the use of this site (Lot 502) with the vie