Agenda of Ordinary Meeting - 11 December 2006

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 4 DECEMBER 2006 AT 7:06PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM (arrived at 7:08 pm), Greg Davies (arrived at 7:08 pm), Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat, and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 20 November 2006

1192 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that the minutes of the Ordinary Meeting of 20 November 2006 be confirmed.

DECLARATIONS OF INTEREST

Councillor Jackie Greenow declared a potential pecuniary interest in Item 14 - Proposed Amendment to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), as she is the owner of property subject to the LEP, and announced that she would vacate the Chamber during the debate and voting on this matter.

Councillor Kevin Crameri OAM declared a potential pecuniary interest in Item 8 - St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List, as he owns land in the vicinity of this site. Councillor Crameri announced that he would not vacate the Chamber and would reserve the right to take part in the debate and voting.

Councillor John Thain declared a pecuniary interest in Committee of the Whole Item 3 - Commercial Matter - Penrith Football Stadium Future Management, as his employer is a sponsor of an entity mentioned in the report.

Councillor Thain announced that he would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

Councillor Steve Simat declared a pecuniary interest in Item 8 - St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List, as his employer has provided consulting services to the applicant, Delfin Lend Lease. Councillor Simat announced that he would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

Councillor Jim Aitken OAM, declared a pecuniary interest in Item 11 - Development Application 06/1247 for the Proposed Operation of a Community Market at Lot 2 and 3 DP 546822, Lot 101 DP 572474 Allen Place and Edward Place Car Park, Woodriff Street, Penrith. Applicant: Cityscape Planning + Projects; Owner: Penrith City Council, as he owns land adjoining this site. Councillor Aitken announced that he would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

Councillor Ross Fowler declared a pecuniary interest in Item 8 - St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List, as he is either a Director of, or auditor to, or accountant for clients who own properties in the area. Councillor Fowler announced that he would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

SUSPENSION OF STANDING ORDERS

1193 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:10 pm.

Mr Paul Crewe

Item 5 – Cemetery Matters - Commemorative Walls - Emu Plains and Penrith General Cemeteries - Conference

Speaking FOR the Recommendation

Mr Crewe was speaking on behalf of Ms Jennifer Hogan, who has requested a Commemorative wall in memory of her father who was buried in Emu Plains Cemetery.

Mr Crewe spoke in support of the report’s recommendation to erect commemorative walls at both Penrith and Emu Plains Cemeteries in memory of the people who have received a pauper’s burial at these cemeteries.

Mr Darryl White and Mr Robert Turner

Item 11 - Development Application 06/1247 for the Proposed Operation of a Community Market at Lot 2 and 3 DP 546822, Lot 101 DP 572474 Allen Place and Edward Place Car Park, Woodriff Street, Penrith. Applicant: Cityscape Planning + Projects; Owner: Penrith City Council

Speaking AGAINST the Recommendation

Mr White and Mr Turner represented the Penrith Valley Sunday Markets, and objected to the proposed location of the markets, drawing particular attention to the following concerns:

Insufficient car parking spaces
Stallholders not able to park on site
General disruption to parking in the surrounding area, which could potentially affect nearby retail businesses
The likelihood of shopping trolleys being used and then discarded in the car park area
The future new town square on the proposed site for the market, and its impact on both parking in the CBD, as well as the future location of the market.

Mr Bob Meyer

Item 17 - Employment Planning Discussion Paper and draft Employment Planning Strategy

Speaking FOR the Recommendation

(in relation to the former CSIRO site at Badgery’s Creek)

Mr Meyer spoke as a consultant to the proponent in this matter, supporting the use of this land for ‘employment land’ and urging planning to proceed as soon as possible, in particular the necessary road infrastructure. Mr Meyer also stressed the need to find additional employment lands.

Mr Bob Meyer

Item 17 - Employment Planning Discussion Paper and draft Employment Planning Strategy

Speaking AGAINST the Recommendation

(in relation to the Capitol Hill site, Kemps Creek)

Mr Meyer spoke as a consultant to the proponent, Pazit Pty Limited and noted that this company has development consent for 110 one-hectare rural residential lots on the site at Kemps Creek.

Mr Meyer objected to the Department of Planning’s view that the proposal did not meet the access criterion, describing it as being ‘out of centre’.

Mr Meyer also requested that Council support a submission to the Department of Planning to include the 160 ha at Capitol Hill in its current infrastructure servicing exercise, to help distribute costs of servicing to the whole area.

The Hon Ron Mulock AO

Item 17 - Employment Planning Discussion Paper and draft Employment Planning Strategy

Speaking AGAINST the Recommendation

(in relation to the Capitol Hill site, Kemps Creek)

Mr Mulock spoke as a representative of the project team at Pazit Pty Limited.

Mr Mulock stressed the need for executive housing in the Capitol Hill area, and sought Council’s support for a golf course estate on the site currently approved for 110 one-hectare rural residential lots.

Mr Mulock stated that the matter is now in the hands of the Department of Planning, but he did not agree with their view that the estate would be ‘out of centre’ or that it ‘would prematurely push the urban footprint into rural areas’.

Mr Mulock requested that a full briefing be given to Councillors on this matter, giving other applicants the opportunity to express their views, and stating that Council should not rush into adopting this strategy, but should instead give his client the opportunity to brief Council on this matter.

Mr Mark Tooker

Item 17 - Employment Planning Discussion Paper and draft Employment Planning Strategy

Speaking AGAINST the Recommendation

Mr Tooker spoke as a Principal of the consulting engineering firm, Patterson Britten & Partners, on behalf of owners of Nos 1-4 Old Bathurst Road, Emu Plains.

Mr Tooker requested that this site be included within the Employment Lands Study, noting that a current flooding report has already been provided to Council in February 2006, and concluding that development would be feasible on this site with regard to flood requirements.

Mr Vittorino Robino

Item 23 - Clothing Collection Bins

Speaking AGAINST the Recommendation

Mr Robino spoke on behalf of The Smith Family, in objection to Council’s decision to remove all clothing collection bins from Council land.

Mr Robino noted that, as well as clothing, a lot of waste was removed from the bins, by The Smith Family, which would otherwise need to be removed by Council from various public areas, and also advised that the removal of all Smith Family clothing bins would result in loss of employment for staff involved in the collection of clothing from bins in the Penrith area.

Mr Robino requested Council to reconsider its decision, and advised that The Smith Family would remove any problem bins from the Penrith area.

Mr Frank Gorrel

Item 23 - Clothing Collection Bins

Speaking AGAINST the Recommendation

Mr Gorrel spoke on behalf of the Aboriginal Children’s Advancement Society (ACAS), of which he is General Secretary.

Mr Gorrel thanked Council for only allowing registered charities to locate bins in the Penrith area.

Mr Gorrel stated that, if the clothing bins operated by the ACAS were to be removed, the Society would suffer a severe loss of income which would affect its operations.

Mr Gorrel asked that Council amend its recommendation to allow the Aboriginal Children’s Advancement Society to continue their work in the Penrith area.

RESUMPTION OF STANDING ORDERS

1194 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that Standing Orders be resumed, the time being 7:45 pm.

MAYORAL MINUTES

1 Penrith Attraction Wins NSW Tourism Award

Councillor Mark Davies left the meeting, the time being 7:46 pm.

1195 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Karen McKeown

That:

1. The Mayoral Minute on Penrith Attraction Wins NSW Tourism Award be received.

2. A letter be forwarded to Muru Mittigar congratulating them on their success.

Councillor Mark Davies returned to the meeting, the time being 7:47 pm.

2 Gift Received from Xicheng District, Beijing, People’s Republic of China

1196 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble

That:

1. The Mayoral Minute on the visit by Nepean Riverlands Probus Club to Xicheng District of Beijing be received.

2. The gift from Governor Lin Duo of Xicheng District be received and put on display.

3 Council Receives National Recognition for Sustainability

1197 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jim Aitken OAM

That:

1. The Mayoral Minute on Council Receives National Recognition for Sustainability be received.

2. All staff involved in the Water Campaign and Greenhouse Purchasing programs be congratulated on their achievements.

4 National Awards for Local Government

1198 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jim Aitken OAM

That:

1. The Mayoral Minute on National Awards for Local Government be received.

2. All staff involved in the commended projects be congratulated on their success.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 State Plan

1199 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1. The information contained in the report on State Plan be received.

2. Council welcome the State Plan and convey its support to local Members and the Premier.

3. Correspondence be sent to the Minister for Transport expressing concern at the omission of the proposed UWS/TAFE railway station at Werrington in the Urban Transport Statement and seek from the Minister a detailed description of the proposed transport infrastructure items in the Penrith LGA, the proposed timeframe for their delivery and the opportunity for discussion of the project details.

2 Alterations & Additions to St Marys CWA Building, Cnr Great Western Highway and Mamre Road, St Marys - Tender 11-06/07

1200 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1. The information contained in the report on Alterations & Additions to St Marys CWA Building, Cnr Great Western Highway and Mamre Road, St Marys - Tender 11-06/07 be received.

2. Council accept the tender of Bilas Knight Pty Ltd in the amount of $193,807.90 for alterations and additions to the CWA Building, St Marys, subject to resolution of the re-design of the entrance.

3. The Building Services Manager be authorised to execute any necessary documentation.

4. Council officers be authorised to negotiate the changes in the design of the entry canopy.

3 Update on the Penrith City Centre Plan Launch and Exhibition

1201 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on Update on the Penrith City Centre Plan Launch and Exhibition be received.

The City as a Social Place

4 Community Assistance Program - Planned Component 2006

1202 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Susan Page

That:

1. The information contained in the report on Community Assistance Program - Planned Component 2006 /07 be received.

2. Council endorse funding the recommended projects totalling $19,019.55 from the Planned Component of the Community Assistance Program.

3. $19.55 be re-allocated from the Rolling Component of the Community Assistance Program to the Planned Component to cover the shortfall between the total value of recommended projects detailed in this report and the $19,000 currently allocated to the Planned Component.

6 Tender number 12-06/07 Public Domain Cleaning Service

1203 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Susan Page

That:

1. The information contained in the report on Tender number 12-06/07 Public Domain Cleaning Service be received.

2. Council accept the tender from ACS Cleaning and Security Services Pty Ltd and a contract be awarded to them for Penrith and St Marys CBD Cleaning services for an initial period of 12 months with an option to extend the arrangements for a further 12 months subject to satisfactory performance.

3. The Cleaning of St Marys and Penrith Bus/Rail interchanges (provisional items) are also awarded to ACS Cleaning and Security Services Pty Ltd subject to satisfactory agreement being reached with Railcorp regarding their contribution towards cost.

7 The Community Partnership Program of the NSW Cancer Council

1204 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Susan Page

That:

1. The information contained in the report on The Community Partnership Program of the NSW Cancer Council be received.

2. Penrith City Council join the Community Partnership Program of the NSW Cancer Council and affirm its commitment to reduce the impact of cancer in the local community by participating in the events and program detailed in this report.

3. The Environmental Health Manager and the Community Development Manager be nominated as the dedicated Relationship Managers for this community partnership.

10 Update of activities undertaken by the Development Services Department - First Quarter 2006/2007

1205 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Susan Page that the information contained in the report on Update of activities undertaken by the Development Services Department - First Quarter 2006/2007 be received.

5 Cemetery Matters - Commemorative Walls - Emu Plains and Penrith General Cemeteries - Conference

1206 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Cemetery Matters - Commemorative Walls - Emu Plains and Penrith General Cemeteries - Conference be received.

2. Memorial walls be erected at Emu Plains and St Marys Cemeteries to recognise persons buried in unmarked graves within those two cemeteries and that these walls be funded from the Cemetery Reserve.

3. Pre-purchase of burial sites at Emu Plains Cemetery be discontinued.

4. All new burial sections at Penrith General Cemetery be lawn and non-denominational.

5. Councillors be provided with a memo, advising of the feasibility of ensuring that other people, having relatives buried as paupers in these cemeteries, are notified of the proposal to erect the commemorative walls.

Having previously declared a pecuniary interest in Item 8, Councillors Ross Fowler and Steve Simat left the meeting, the time being 8:04 pm.

8 St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List

1207 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Garry Rumble

That:

1. The information contained in the report on St Marys Release Area - Nomination of Former ADI Site and King Family Farm Site and Trees on the National Heritage List be received.

2. Council advise the Australian Heritage Council in terms of the history of the planning decisions taken for the St Marys Release and the observations outlined in the commentary in the report.

Councillors Ross Fowler and Steve Simat returned to the meeting, the time being 8:03 pm.

9 Public Exhibition of draft Amendment to Penrith Development Control Plan 2006 (Section 6.3 Claremont Meadows Stage 2)

1208 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Lexie Cettolin

That:

1. The information contained in the report on Public Exhibition of draft Amendment to Penrith Development Control Plan 2006 (Section 6.3 Claremont Meadows Stage 2) be received.

2. Council adopt the draft amendment to Claremont Meadows Stage 2 as attached to this report, pursuant to the provisions of the Environmental Planning and Assessment Act, 1979 and Regulations as amended.

3. The amended Claremont Meadows Stage 2 DCP be included in the Penrith DCP 2006, adopted by Council on 21 August 2006, when it comes into force.

4. All those who made submissions on the draft plan be notified of Council’s decision.

5. A further report be presented to Council, explaining DCP provisions for bushfire hazard reduction in conservation zones adjoining residential land.

Having previously declared a pecuniary interest in Item 11, Councillor Jim Aitken OAM left the meeting, the time being 8:20 pm.

11 Development Application 06/1247 for the Proposed Operation of a Community Market at Lot 2 and 3 DP 546822, Lot 101 DP 572474 Allen Place and Edward Place Car Park, Woodriff Street, Penrith. Applicant: Cityscape Planning + Projects; Owner: Penrith City Council DA06/1247

1209 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler that consideration of this matter be deferred for a further report to be presented to Council.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:36 pm.

12 Development Application 06/1251 for Community Markets at Lot 8 DP 23593, Part Lot C DP 38743, Lot 1, 2, 3, 4, & 5 DP 653282 (No. 5 - 23) Gidley Street, St Marys. Applicant: Cityscape Planning and Projects; Owner: Penrith City Council DA06/1251

1210 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor McKeown that consideration of this matter be deferred for a further report to be presented to Council.

Councillor John Thain left the meeting, the time being 8:48 pm.

27 Development Application 06/1287 for proposed Government Office Building at Lot 112 DP 1028320 (Nos. 129 - 133) Henry Street, Penrith. Applicant: New South Wales Department Of Commerce; Owner: Penrith City Council DA06/1287

1211 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Susan Page

That:

1. The information contained in the report on Development Application 06/1287 for proposed Government Office Building at Lot 112 DP 1028320 (Nos. 129 - 133) Henry Street, Penrith be received.

2. Development Application 06/1287 be granted consent subject to agreed conditions, in accordance with Section 116C of the Environmental Planning and Assessment Act 1979, as shown attached, and with the addition of the following condition:

The applicant shall provide to Penrith City Council a Management Plan of the work required on the construction over, through and under the access ramp and roundabout from Station Street. This Management Plan shall be submitted before the works in the area commence and include the OH&S and security considerations and management of temporary works and the permanent access. The Management Plan shall be set up to include briefings with the requisite neighbours to involve and inform them about the altered works.

Councillor John Thain returned to the meeting, the time being 8:51 pm.

The City In Its Environment

13 Grass Roots Sustainability - International Lessons, Urban Solutions for Local Government Conference

1212 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Grass Roots Sustainability - International Lessons, Urban Solutions for Local Government Conference be received.

2. Council write to both CLAIR and Townsville City Council congratulating them on an outstanding Conference.

3. Council invite CLAIR to consider holding a future Conference in Penrith.

Councillor Jackie Greenow left the meeting, the time being 8:58 pm.

14 Proposed Amendment to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

1213 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Proposed Amendment to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received

2. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, and Regulation, Council prepare and exhibit an amendment to the Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).

3. Council seek a ‘Written Authorisation to Exercise Delegation’ from the Director-General of the Department of Planning to exhibit the draft amendment pursuant to Section 65 of the Environmental Planning and Assessment Act 1979 and Regulation.

4. Council resolve to exhibit the draft Local Environmental Plan in accordance with the Department of Planning document entitled “LEPs and Council Land – Best Practice Guideline for councils using delegated powers to prepare LEPs involving land that is or was previously owned or controlled by Council”

5. Council resolve to amend the Exempt and Complying provisions of the Penrith Development Control Plan to require development approval for the demolition of places identified for listing as heritage items or as part of heritage conservation areas in a draft planning instrument.

Councillor Jackie Greenow returned to the meeting, the time being 9:00 pm.

15 Update on the implementation of the Wallacia and Mulgoa Sewerage Scheme

1214 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Update on the implementation of the Wallacia and Mulgoa Sewerage Scheme be received.

2. A further report be submitted to the next Council meeting, regarding the provision of financial assistance by Council to owners of properties affected by the ‘1 in 100 year’ flood level, to offset the additional cost of connection to the Scheme.

16 Western Sydney Recycled Water Initiative - Replacement Flows Project

1215 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Western Sydney Recycled Water Initiative - Replacement Flows Project be received.

2. The proposed submission outlined in the report be submitted to the Department of Planning.

The City as an Economy

Councillor Kevin Crameri OAM left the meeting, the time being 9:21 pm.

18 International Links Program 2007

1216 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on International Links Program 2007 be received.

2. There be Councillor representation, along with staff of Council, nominated by the General Manager, to represent Council at the official launch of the exhibition and musical performance in Hakusan, Japan in March 2007, and that a courtesy visit also be paid to Fujieda, Japan, Penrith’s sister city and Gangseo-gu, South Korea.

3. There be Councillor representation, accompanied by appropriate staff of Council, nominated by the General Manager, to represent Council at the Trade and Investment Promotion Fair in Kunshan, People’s Republic of China in October 2007, and that a courtesy visit also be paid to Xicheng, People’s Republic of China.

19 Sponsorship of Australian Pro Tour of Wakeboarding in Penrith Valley

1217 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on Sponsorship of Australian Pro Tour of Wakeboarding in Penrith Valley be received.

2. Council approve the sponsorship of the Australian Pro Tour of Wakeboarding in Penrith Valley involving in-kind support and a cash contribution of $5,000 from the City Marketing budget.

21 Construction of a Commercial Building at 225-227 Queen Street, St Marys - Tender No. 10-06/07

1218 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on Construction of a Commercial Building at 225-227 Queen Street, St Marys - Tender No. 10-06/07 be received.

2. Gledhill Constructions Pty Ltd be accepted as the preferred tenderer subject to final costs being determined with respect to keeping Carsons Lane open and resolution of accessing the adjacent property immediately to the north.

3. Council officers be authorised to enter into contractual documentation with Gledhill Constructions Pty Ltd to the satisfaction of the Legal Officer and Building Services Manager consistent with the terms of this report and subject to resolution of the matters raised in item 2 above.

4. The programme budget as set out in the report be adopted.

22 Council Property - Proposed subdivision corner of Belmore and Station Streets Penrith

1219 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

That:

1. The information contained in the report on Council Property - Proposed subdivision corner of Belmore and Station Streets Penrith be received.

2. Council enter into a Bond Agreement with Sydney Water concerning the three (3) sewerage connection points required to the subdivision of Council’s former Council Chambers site.

3. Council agree to the unconditional Bank Guarantee being issued to Sydney Water in the amount of $160,500 that forms part of the Bond Agreement.

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

17 Employment Planning Discussion Paper and draft Employment Planning Strategy

1220 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1. The information contained in the report on the Employment Planning Discussion Paper and draft Employment Planning Strategy be received.

2. Those persons who made submissions regarding the Employment Planning Discussion Paper and draft Employment Planning Strategy be invited to a briefing, to be held at the earliest opportunity, in the New Year.

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:27 pm.

20 Urban Development Institute of Australia National Congress 2007

1221 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Urban Development Institute of Australia National Congress 2007 be received.

2. Councillors Jim Aitken OAM, Steve Simat, Mark Davies, Lexie Cettolin, Jackie Greenow, Susan Page and any other interested Councillors attend the National Congress of the Urban Development Institute of Australia in Perth, from Monday 12 March 2007 to Thursday 15 March 2007, as Council’s delegates, and leave of absence be granted to those Councillors for the duration of the Conference.

The City Supported by Infrastructure

23 Clothing Collection Bins

1222 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1. The information contained in the report on Clothing Collection Bins be received.

2. The owners of clothing bins in the Penrith area be directed to remove those bins with the highest recorded levels of dumping and vandalism, and continue to monitor the remaining bins.

Leadership and Organisation

24 Preparations and Financial Settings for the 2007-08 Management Plan

1223 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Preparations and Financial Settings for the 2007-08 Management Plan be received.

2. Council make initial identification of particular matters to be considered in the preparation of the Draft 2007-08 Management Plan.

3. Preparation of the Draft 2007-08 Management Plan continue in the terms discussed in this report.

26 Strategic Plan Sustainability Framework

1224 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on the Strategic Plan Sustainability Framework be received.

2. The trial of the proposed sustainability framework, leading to the development of the new Strategic Plan, be endorsed.

3. Further information on the proposed implementation of the trial be brought to Council in the development of the next Management Plan.

25 Biodiversity Conservation Management Plan - Erskine Park Employment Area

1225 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Biodiversity Conservation Management Plan - Erskine Park Employment Area be received.

2. Council endorse the principle of an EPEA Biodiversity Corridor System as the centrepiece of a regional biodiversity corridor linking the Orchard Hills Defence site, the South Creek riparian corridor, the EPEA biodiversity corridor and the Ropes Creek riparian corridor, as outlined in the report.

3. Council endorse the Memorandum of Understanding relating to the biodiversity conservation proposal for Erskine Park Employment Area.

4. Council agree to the covenant being placed on the title of Lot 201 DP 1094523 Erskine Park Road, Erskine Park, in accordance with the details outlined in the report.

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

QUESTIONS WITHOUT NOTICE

QWN 1 Nordoff-Robbins Music Therapy Australia

Councillor Jackie Greenow requested that a total of $10,000, equally from North, South and East Ward voted works be allocated to gold sponsorship of Nordoff-Robbins Music Therapy Australia.

1226 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Pat Sheehy AM, ruled that the matter was urgent and should be dealt with at the meeting.

1227 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that a total of $10,000, equally from North, South and East Ward voted works be allocated to gold sponsorship of Nordoff-Robbins Music Therapy Australia.

QWN 2 Kingsway Touch Football Complex

Councillor Lexie Cettolin requested that $1,300 each from North, South and East Ward voted works (total $3,900) be allocated to carry out widening works at the driveway of Kingsway Touch Football Complex.

1228 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Susan Page that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Pat Sheehy AM, ruled that the matter was urgent and should be dealt with at the meeting.

1229 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Susan Page that $1,300 each from North, South and East Ward voted works (total $3,900) be allocated to carry out widening works at the driveway of Kingsway Touch Football Complex.

Councillor John Thain left the meeting, the time being 9:33 pm.

QWN 3 Petition from Nepean Shores

Councillor Garry Rumble requested that the development application concerning the proposed caravan park in this area (DA 06/1733) be reported to Council for its consideration, having particular regard to matters such as noise impact, increase in traffic, security risks, effect on property values, and location of the caravan park.

QWN 4 Mosquito Collection Program

Councillor Garry Rumble requested a report to Council concerning the possible continuation of the mosquito collection program for the period November to May.

QWN 5 DA Tracking Program - "i Determine"

Councillor Garry Rumble requested information on the present position with regard to the operations and redevelopment of the DA tracking program – “i Determine”, as at present this program is not available.

Councillor Greg Davies left the meeting, the time being 9:35 pm.

QWN 6 Spotted Gums - Willoring Crescent, Jamisontown

Councillor Mark Davies requested the removal of a Spotted Gum tree, from Council land in the vicinity of 32 Willoring Crescent, Jamisontown, as a number of large branches have fallen from it, presenting a dangerous situation for residents of the area.

Councillor Lexie Cettolin left the meeting, the time being 9:36 pm.

Councillor Lexie Cettolin returned to the meeting, the time being 9:37 pm.

Councillor Steve Simat left the meeting, the time being 9:39 pm.

QWN 7 Western Sydney Industry Awards

Councillor Jim Aitken OAM presented Council with a plaque for Gold Sponsorship of the Western Sydney Industry Awards.

Councillor Greg Davies returned to the meeting, the time being 9:40 pm.

Councillor Garry Rumble left the meeting, the time being 9:40 pm.

QWN 8 Proposed Waste Facility – Smith Street, Emu Plains

Councillor Karen McKeown requested a report to Council on the development application for a waste facility in Smith Street, Emu Plains, to include an investigation and details on the existing operation, and any associated spillages/mishaps that have occurred at this site.

QWN 9 Leave of Absence

Councillor Karen McKeown requested leave of absence from 9 December 2006 to 18 December 2006 inclusive.

1230 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Pat Sheehy AM, ruled that the matter was urgent and should be dealt with at the meeting.

1231 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that Leave of Absence be granted to Councillor Karen McKeown from 9 December 2006 to 18 December 2006 inclusive.

Councillor Garry Rumble returned to the meeting, the time being 9:41 pm.

Having previously declared a pecuniary interest in Committee of the Whole Item 3, Councillor John Thain left the meeting, the time being 9:41 pm.

Councillor Steve Simat returned to the meeting, the time being 9:41 pm.

Committee of the Whole

1232 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:42 pm.

1 Presence of the Public

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

City as a Social Place

2 Legal Matter - Status of Appeal against deemed refusal of Development Application 06/0662 for the Construction of New Shopping Centre at Part Lot 671 DP 739138 & Lot 672 DP 739138 & Part Lot 671 DP 739138 (No. 37) Cook Parade, St Clair. Applicant: Sam Management Service (Aust) Pty Limited; Owner: Sam Management Service (Aust) Pty Limited DA06/0662

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

3 Commercial Matter - Penrith Football Stadium Future Management

This item is being 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 a person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

City as an Economy

4 Commercial Matter - Council Property - 225-227 Queen Street, St Marys

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Leadership and Organisation

5 Commercial Matter - Acquisition of Road Widening, Vincent Avenue, Mulgoa

Leadership and Organisation

6 Commercial Matter - Council Property - Lease of ATM Space within Queen Street Centre at 207-209 Queen Street St Marys

Leadership and Organisation

7 Commercial Matter - Council Property - Sale of No 8 Coallee Place South Penrith

The meeting resumed at 10:15 pm and the General Manager reported that the Committee of the Whole met at 9:42 pm on 4 December 2006, the following being present

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat, and John Thain (from 10:08 pm).

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

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

CW2 That the information contained in the report on Legal Matter - Status of Appeal against deemed refusal of Development Application 06/0662 for the Construction of New Shopping Centre at Part Lot 671 DP 739138 & Lot 672 DP 739138 & Part Lot 671 DP 739138 (No. 37) Cook Parade, St Clair be received.

3 Commercial Matter - Penrith Football Stadium Future Management

RECOMMENDED on the MOTION of Councillor Garry Rumble seconded Councillor Ross Fowler

CW3 That:

1. The information contained in the report on Commercial Matter - Penrith Football Stadium Future Management be received.

2. Council endorse the program of activities outlined in the report.

3. Subject to confirmation of the actual costs, an amount of $70,000 be provided to Panthers as Council’s contribution to the redevelopment project to meet funding shortfall in the project, and those funds be drawn from the relevant Reserve to meet the costs of the new electronic evacuation systems in the redeveloped Penrith Football Stadium.

Councillor John Thain returned to the meeting, the time being 10:08 pm.

4 Commercial Matter - Council Property - 225-227 Queen Street, St Marys

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler

CW4 That:

1. The information contained in the report on Commercial Matter - Council Property - 225-227 Queen Street, St Marys be received.

2. A further report be presented to Council on the progress of the development.

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

5 Commercial Matter - Acquisition of Road Widening, Vincent Avenue, Mulgoa

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison

CW5 That:

1. The information contained in the report on Commercial Matter - Acquisition of Road Widening, Vincent Avenue, Mulgoa be received.

2. Council compensate the owners for the dedication of the land in accordance with conditions 1 to 4, as outlined in the summary of the report.

6 Commercial Matter - Council Property - Lease of ATM Space within Queen Street Centre at 207-209 Queen Street St Marys

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler

CW6 That:

1. The information contained in the report on Commercial Matter - Council Property - Lease of ATM Space within Queen Street Centre at 207-209 Queen Street St Marys be received.

2. Council grant a new 3-year Lease with a 3-year option 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.

7 Commercial Matter - Council Property - Sale of No 8 Coallee Place South Penrith

RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Greg Davies

CW7 That:

1. The information contained in the report on Commercial Matter - Council Property - Sale of No 8 Coallee Place South Penrith be received.

2. Council adopt the reserve price for the sale of Lot 24, DP 249672 at No 8 Coallee Place South Penrith at Public Auction on 16 December 2006 indicated at Item 1 in the separate annexure report issued to Council.

3. Council issue Delegated Authority to the Property Development Manager indicated at Item 2 in the separate annexure report issued to Council.

4. The Property Development Manager be authorised to sign the Contract for Sale documentation if the property is successfully sold.

ADOPTION OF Committee of the Whole

1233 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Susan Page that the recommendations contained in the Committee of the Whole, and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7, be adopted.

There being no further business the Chairperson declared the meeting closed the time being 10:18 pm.

*Ordinary Meeting*	*11 December 2006*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 4 December, 2006

PRESENT

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

IN ATTENDANCE

Michael Pruss – Westbus, Stephen Barnes – Senior Traffic Engineer, Sharon Maddox – Road Safety Co-ordinator, David Drozd – Consulting Traffic Engineer, Noel Fuller – Co-ordinator, Ranger Services, Mary Jaser – Trainee Engineer

APOLOGIES

LTC 150 Councillor Greenow, Tim Horan – Representative for the Member for Penrith, David Burns – Asset Manager

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting – 6 November 2006

LTC 151 That the minutes of the Local Traffic Committee Meeting of 6 November 2006 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 Local Traffic Committee - Meeting Dates for 2007

RECOMMENDATION

LTC 152 That:

1. The information contained in the report on Local Traffic Committee - Meeting Dates for 2007 be received.

2. The above dates be confirmed for 2007.

2 John Oxley Avenue, Werrington - Speed Humps

RECOMMENDATION

LTC 153 That:

1. The information contained in the report on John Oxley Ave - speed humps be received.

2. The design plans for a slow-point device (tadpole island) to be located between Werrington Creek and Malcolm Avenue and a Watts Profile speed hump, installed on both sides of the road (full width) at a distance of approximately 5.15m to the west of house number 63 John Oxley Avenue be finalised and endorsed for construction.

3. Additional advance warning “Slow Point” signs to be provided beyond the crest near Werrington Creek.

3 Bringelly Road, Kingswood - Provision of Pedestrian Crossing Facility

RECOMMENDATION

LTC 154 That:

1. The information contained in the report on Bringelly Road, Kingswood - Provision of Pedestrian Crossing Facility be received.

2. The design plan for the provision of a Wombat Crossing plan number AB161 be finalised and endorsed for construction.

4 Ripples Leisure Centre, St Marys - Request for Provision of Staff Permit Parking

RECOMMENDATION

LTC 155 That:

1. The information contained in the report on Ripples Leisure Centre, St Marys - Request for Provision of Staff Permit Parking be received

2. All existing 3-Hour time restricted parking spaces in the Ripples Carpark on the western side of Creek Road, St Marys be signposted as ‘3‑Hour Parking – Authorised Vehicles Excepted’.

3. The General Manager of Ripples be responsible for the administration of 20 authorised parking permits for the full-time staff members of Ripples Leisure Centre.

4. Council’s Co-ordinator, Ranger Services liaise with the General Manager of Ripples to determine an appropriate design for the 20 authorised parking permits.

5 Jack Williams Drive, Penrith - Parking Restrictions

LTC Comment

The Penrith Police representative raised concerns regarding parking on Jack Williams Drive, Penrith. He stated that Jack Williams Drive is the main feeder road into a significant industrial development of Penrith. Accordingly, the road is subject to numerous heavy vehicle movements, the main area of concern being the section from Castlereagh Road west to Borec Road. If vehicles are permitted to park on both sides of this section of the road, traffic safety may be compromised due to:

§ reductions in available sight distance when exiting driveways and at intersections

§ accessibility for all heavy vehicles including B-Doubles would be reduced

§ opportunities for passing turning vehicles would be reduced

§ increased risk of heavy vehicle collisions due to reduction in travelling/manoeuvring space

§ increased pedestrian activity from on-street parking.

RECOMMENDATION

LTC 156 That:

1. The information contained in the report on Jack Williams Drive, Penrith - Parking Restrictions be received.

2. Council’s Compliance Officers be requested to enforce the Conditions of Consent regarding on-site staff parking and vehicle service parking, and the implementation of timed No Parking signage on Jack Williams Drive.

3. Investigation be undertaken to provide staggered 1-Hour Parking (8:30am-6:00pm Mon-Fri & 8:30am-12:30pm Sat) restrictions on the northern and southern sides of Jack Williams Drive between Castlereagh Road and Borec Road for customer parking.

4. Councillor Greg Davies be advised.

6 Andromeda Drive, Cranebrook - Request for Provision of Speed Humps & Pedestrian Crossing Facility

RECOMMENDATION

LTC 157 That:

1. The information contained in the report on Andromeda Drive, Cranebrook - Request for Provision of Speed Humps & Pedestrian Crossing Facility be received.

2. The provision of additional traffic and pedestrian facilities in Andromeda Drive is not warranted.

3. Councillor Lexie Cettolin and the resident be advised of the decision of the Committee.

GENERAL BUSINESS

GB 1 Grays Lane, Cranebrook – Provision of Traffic Calming Devices (Raised Council)

Council previously received concerns from Councillor Cettolin regarding speeding vehicles in Grays Lane, Cranebrook. In October 2006, Councillor Cettolin requested an update on the issue.

Three reports have been presented to the Local Traffic Committee in response to these concerns, ie, 6 December 2004, 6 June 2005, and 3 April 2006. At its meeting on 1 May 2006, Council resolved, on the recommendation of the Committee that:

1. The information contained in the report “Grays Lane, Cranebrook – Proposed Installation of Speed Humps” be received.

2. Councils’ Design Co-ordinator be requested to review the proposed traffic calming devices and a further report be submitted to the Committee for consideration.

3. The New South Wales Fire Brigades be consulted on a new design prior to being submitted to the Local Traffic Committee.

4. The problem of speeding vehicles in Grays Lane, Cranebrook be referred to police for enforcement purposes.

A traffic speed and volume classification was carried out mid-way along Grays Lane outside house number 47 in late October 2004, confirming that approximately 1,200 vehicles use Grays Lane on a daily basis, travelling at an 85^th percentile speed of 65kph in the existing 50kph zone.

Further speed and volume classifications were carried out in May 2005 at the three sites proposed for “Watts Profile Humps”, as follows:

· Site 1 – Between house numbers 1 and 2 Willowgum Crescent and house numbers 200-203 Linden Crescent, north of the existing 40kph School Zone yellow patch. Approximately 1,700 vehicles per day, travelling at an 85^th percentile speed of 68kph.

· Site 2 – Between house numbers 46-54 and 56-60.

· Approximately 1,100 vehicles per day, travelling at an 85^th percentile speed of 66kph.

· Site 3- Between house numbers 28-30 and 32-34, north of the existing 40kph School Zone yellow patch and south of Komirra Road.

· Approximately 1,000 vehicles per day, travelling at an 85^th percentile speed of 64kph.

The options of providing tadpole islands or modified speed humps that will allow fire trucks to straddle the hump in Grays Lane are currently being investigated.

Consultation

In accordance with Recommendation 3 from the Local Traffic Committee Meeting on 6 June 2005, a letter was sent to the NSW Fire Brigades advising them of the proposal to construct three “Watts Profile” speed humps in Grays Lane, Cranebrook.

A response was received from the NSW Fire Brigades Superintendent, not supporting the installation of additional traffic calming devices in Grays Lane or in the main arterial and connecting streets in Cranebrook.

The NSW Fire Brigades’ primary concern is that lives may be lost by delayed arrival times at incidents by emergency services. The NSW Fire Brigades stated that “speed cushions situated in Vincent Road and the Cranebrook Brigade’s inability to turn right from Vincent Road into The Northern Road due to the raised median strip, together with raised crossings at either end of Grays Lane, currently impede our response time to emergency incidents in the Cranebrook area.”

A separate consultation process is currently under way between Council and NSW Fire Brigades with regard to the reconstruction of the median island at the intersection of The Northern Road and Vincent Road, Cranebrook. Physical construction works are expected to be completed by 30 June 2007.

Enforcement

In accordance with Recommendation 4 from the Local Traffic Committee Meeting on 3 April 2006, a letter was sent to Penrith Police requesting enforcement on Grays Lane, Cranebrook, and Council is currently awaiting information from Penrith Police.

Conclusion

Site investigations recognise that there is a speeding issue in Grays Lane, Cranebrook. Whilst enforcement of the 50kph restrictions by Police may initially be effective in reducing speeds in the short term, it will not without some form of physical impediment, prove to be a solution over the long term.

To date, consultation with NSW Fire Brigades has been through written correspondence. It would be beneficial to meet NSW Fire Brigades representatives on site to discuss issues and determine if there is a solution that will reduce traffic speeds in Grays Lane, Cranebrook, while minimising the effect on emergency vehicles.

RECOMMENDATION

LTC 158 That:

1. The Committee note the information.

2. Councillor Cettolin be advised of the status of the investigations.

GB 2 Lethbridge Street/Doonmore Street, Penrith – Amended Proposal (Raised Council)

Council’s Road Network Services Engineer advised the Committee that confirmation has been received from the Roads and Traffic Authority that funding for the amended proposal involving the installation of kerb blister islands and improved signposting at Lethbridge Street/ Doonmore Street, Penrith has been approved for construction.

RECOMMENDATION

LTC 159 That the Committee note the information.

GB 3 Child Care Centres, Glenmore Park – Request for Provision of Traffic Calming Devices

Council has received a request from Councillor Garry Rumble on behalf of the Glenmore Park Action Group to investigate the feasibility of providing traffic calming devices fronting all child care centres in Glenmore Park.

There are currently eight child care centres of various sizes operating on various roads throughout the Glenmore Park area. To determine if a warrant exists for the provision of such devices, a number of possible indicators widely used in the determination of all traffic safety related investigations, such as the volume and speed of vehicles, the alignment of the road, accident history and in this instance the place numbers of each centre, have been examined and a summary of the findings tabulated below:

Name and Address of Centre	No. of Places	Speed & Volume	Reported Accidents	Road Alignment	Existing Devices
Surveyors Creek B&A-Surveyors Creek P.S, St Andrews Dr, G.P	40	2756 vpd @ 85% speed 55.3km/h (Apr 06)	Nil	8.5m wide	Yes – Wombat Crossing
ABC-Glenmore Park South, 66-76 Woodlands Dr, G.P	80	3418 vpd @ 85% speed 56.6 km/h (Sep 02)	Nil	7.5m wide	Nil
Little People Childcare, 22 Wittama Dr, G.P	23	No Data	Nil	6.5m wide	Nil
St Andrews-Pre School, 32-34 Wolara Ave, G.P	25	584 vpd @ 85% speed 44.5km/h (Feb 04)	Nil	7.0m wide	Nil
Hopscotch-Long Day Care, 12-14 Womra Cr, G.P	51	1142 vpd @ 85% speed 47.1 km/h (Jul 03)	Nil	7.0m wide	Nil
Kids World-Kindy Day Care, 10-14 Kiber Dr, G.P	49	573 vpd @ 85% speed 49.5 km/h ( Apr 06)	Nil	6.5m wide	Nil
Glenmore Park B&A-Floribunda Community Centre, Floribunda Ave, G.P	45	2452 vpd @ 85% speed 58.9 km/h ( Feb 04)	Nil	9.5m wide	Nil
Glenmore Park Preschool, 100 The Lakes Dr, G.P	36	6,800 vpd @ 85% Speed 49.1km/h	Nil	10.m wide	Yes – Speed Hump

It is evident from the above table that the basic traffic related parameters nominated above would appear to be within acceptable limits. This is generally the case with the majority of roads within the Glenmore Park area, as one of the primary design philosophies during the initial planning of the estate was to reduce the potential for accidents to occur by encouraging lower vehicle speeds through the implementation of sound traffic engineering principles at the outset rather than relying on retro fitting traffic calming devices at a later date.

It would appear that based on the above data, the provision of any new or additional traffic calming devices in the vicinity of the existing child care centres within Glenmore Park would be difficult to justify and accordingly is not warranted.

RECOMMENDATION

LTC 160 That:

1. The provision of any new or additional traffic calming devices in the vicinity of the existing childcare centres within Glenmore Park is not warranted.

2. Councillor Rumble and Glenmore Park Action Group be advised of the Committee’s recommendation.

GB 4 Town Terrace (formerly Luttrell Street), Glenmore Park – Request for Investigation of Traffic Volume in Vicinity of Youth Centre (Raised Council)

At Council’s meeting of 19 June 2006 Councillor David Bradbury raised a Question Without Notice concerning potential traffic safety issues in the vicinity of Glenmore Park Shopping Centre, in particular fronting the youth centre.

The Glenmore Park Youth Centre operates out of the Glenmore Park Community Centre located on the corner of Luttrell Street and the private spine road running between the roundabout at Camellia Avenue/Glenmore Parkway and Town Terrace.

In response to previous requests concerning the speed of vehicles using Luttrell Street, the Local Traffic Committee, at its meetings of 3 March 2003 and 13 October 2003, considered reports on the provision of Watts Profile speed humps on both ends of Luttrell Street.

Speed classification surveys were conducted on 16 October 2003 following construction of the northern Watts Profile device, and determined that approximately 4,205 vehicles per day (vpd) where using the northern end of Luttrell Street at an 85^th percentile speed of 34.7kph, and 3,702 vpd where using Town Terrace at an 85^th percentile speed of 45.7kph.

The speed of vehicles using Town Terrace and the potential conflicts with vehicles negotiating out of parking spaces prompted the construction of another Watts Profile device on the southern end of Town Terrace.

A recent survey conducted at the junction of Luttrell Street, Town Terrace and the private spine road has identified that on a typical weekday afternoon for one hour between 3:15pm and 4:15pm, the following vehicle movements occurred:

· 111 vehicles proceeding southbound turned right from on Luttrell Street into the spine road to a destination within the shopping centre.

· 77 vehicles proceeded southbound through from on Luttrell Street to Town Terrace without a destination at the shopping centre.

· 100 vehicles turned left from the spine road into Luttrell Street to proceed north.

· 50 vehicles turned left from Town Terrace into the spine road with a destination at the shopping centre.

· 20 vehicles proceeded northbound from Town Terrace into Luttrell Street without a destination at the shopping centre.

It is clearly evident from the above data that of the 308 vehicles which passed the frontage of the youth centre, a substantial number of the vehicles (ie, 211 or approximately 70%) within the surveyed period had a legitimate destination within the Glenmore Park Shopping Centre and that the introduction of traffic management measures such as the closure of the southern end of Luttrell Street would have a substantial impact on the accessibility of legitimate users of the shopping centre. In addition, the redirection of this traffic to Glenmore Parkway may have a detrimental impact on the operational performance of the roundabout at the intersection of Camellia Avenue.

Having regard to the larger impacts any traffic management measures may have on the wider precinct, further investigation, including extensive consultation with all affected stakeholders (which includes the shopping centre management, McDonalds and residents), will be required to determine the appropriate direction on any future traffic management measures.

RECOMMENDATION

LTC 161 That:

1. The Committee note the information.

2. The existing ball and tube fencing at the rear of the western kerb fronting the youth centre in Town Terrace (formerly Luttrell Street) Glenmore Park be extended beyond the stairs that lead to the basketball court.

3. The youth centre be requested to erect a chainwire fence 2.4m on the open end of the basketball court.

4. Councillor Bradbury be advised.

GB 5 Hall Street/Barker Street, St Marys – Request for Provision of Linemarking (Raised St Marys/Regentville Police)

The St Marys/Regentville Police representative advised that drivers are cutting the corner on the bend at Hall Street/Barker Street, St Marys.

RECOMMENDATION

LTC 162 That Council investigate provision of double-barrier linemarking at the bend in Hall Street/Barker Street, St Marys, and a report be submitted to the Committee if warranted.

GB 6 Bus Stop Signage – Request to Paint Signage on Kerbs (Raised Westbus)

The Westbus representative advised that bus stop signs in certain locations are regularly removed by persons unknown, and requested the Committee’s approval to paint “Bus Stop” on the kerb at these locations in an attempt to discourage removal of the signs.

RECOMMENDATION

LTC 163 That Council investigate this matter and advise Westbus of the outcome.

GB 7 ANZAC Day March on Sunday, 22 April 2007 and ANZAC Day Dawn Procession & Service on Wednesday, 25 April 2007 (Raised Penrith Police)

The Penrith Police representative advised that an application has been received from the Penrith RSL Sub-branch for approval to hold the ANZAC Day March between 2.30pm and 4.00pm on Sunday, 22 April 2007, and the ANZAC Day Dawn Procession & Service between 4.30am and 5.15am on Wednesday, 25 April 2007.

Police advise that this is a Class 4 Event, and the route will be the same as in previous years.

RECOMMENDATION

LTC 164 That the Committee note the information.

GB 8 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:

The Northern Road, near the intersection of Vincent Road, Cranebrook – accident occurred on Wednesday, 11 October 2006. The FIRST inspection was held on Wednesday, 24 October 2006. The report outcome showed there were other contributory factors to the accident rather than the road condition or intersection configuration ie, medical/behavioural influences appeared to be the cause of the collision.

RECOMMENDATION

LTC 165 That the Committee note the information.

There being no further business the Chairperson declared the meeting closed the time being 11:05am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 December, 2006 be adopted.

*Ordinary Meeting*	*11 December 2006*
*The City as a Social Place*

The City as a Social Place

St Marys Release Area - Adoption of draft Dunheved Precinct Plan and endorsement of St Marys Penrith Planning Agreement for the South Dunheved Precinct. Applicant: Maryland Development Company Pty Ltd. Owner: St Marys Land Limited

Compiled by: Tony Crichton, Senior Environmental Planner

Authorised by: Roger Nethercote, Environmental Planning Manager

Strategic Program Term Achievement: Strategies are in place for new release areas to deliver jobs that match incoming workforce participant numbers.

Critical Action: Work in partnership with the development sector to formulate and implement tailored employment strategies that are commensurate with the rate of housing development in new release areas.

Purpose:

To advise Council of the completion of the draft Dunheved Precinct Plan and related Planning Agreement for the St Marys Release Area. The report recommends adoption of the Dunheved Precinct Plan and Planning Agreement subject to the inclusion of all agreed and negotiated amendments with the proponent Lend Lease.

Background

On 16 June 2003, the Minister for Western Sydney declared the Eastern, Dunheved North and Dunheved South Precincts to be the Stage 1 Release Areas for the St Marys Release. The Eastern Precinct Plan was subsequently adopted by Blacktown Council on 4 February 2004 and construction of that development is now well under way.

The draft Dunheved Precinct Plan, which is a consolidated plan comprising both the North and South Dunheved Precincts, was jointly lodged with Penrith and Blacktown City Councils on 30 April 2005. The Precinct comprises a total area of 30.3 hectares of which 11.9 hectares forms the South Dunheved Precinct within Penrith LGA.

The Precinct Plan outlines provisions relating to the development of a precinct released by the Minister and includes elements such as phasing and distribution of land uses, public transport and road networks, indicative subdivision patterns, design, siting and construction guidelines, management of contamination risk, infrastructure requirements and public facilities requirements.

Council at its meeting on 27 June 2005 resolved to publicly exhibit the draft Dunheved Precinct Plan concurrently with Blacktown City Council. That exhibition occurred from 7 September to 5 October 2005.

A report was presented to the Policy Review Committee meeting on 22 May 2006, providing Council with an assessment of the submissions made during the public exhibition of the draft Dunheved Precinct Plan, which included an examination of the key issues and the amendments made to the draft Plan since its submission. The report also advised on the status of the draft Planning Agreement for the Dunheved Precinct. The report recommended support, in principle, for the draft Dunheved Precinct Plan, with amendments as agreed by the proponent and for a further report to be presented to Council following the exhibition of the draft Planning Agreement for Council’s consideration of the formal adoption of the two documents.

The report also recommended that Council enter into a Heads of Agreement with Lend Lease (formerly referred to as Delfin Lend Lease), regarding the proposed Link Road between Dunheved Industrial Area and Christie Street. It further recommended that Council write to the Ministry of Transport to confirm the appropriate approach and timing for the delivery of bus services in the Dunheved Precinct and the Dunheved Business Park. A copy of the report is included in the attachments.

Council resolved at its Policy Review Committee meeting on 22 May 2006 that:

1. The information contained in the report on St Marys Release Area – Draft Dunheved Precinct Plan & Draft Planning Agreement be received.

2. The proposed works schedules included in the Attachments to this report be included in the draft Planning Agreement.

3. Council publicly exhibit the draft Planning Agreement in accordance with the provisions of the Environmental Planning & Assessment Act, 1979 and Regulations and authorise the Legal Officer and Environmental Planning Manager to finalise the content of the draft Planning Agreement prior to the formal public exhibition process.

4. Further consideration of the draft Dunheved Precinct Plan be deferred until the further report requested in the confidential session of tonight’s Policy Review committee is submitted.

5. Lend Lease be advised of Council’s decision.

The draft Planning Agreement referred to in Item 3 has been negotiated with Lend Lease and was recently the subject of a public notice in accordance with the provisions of the Environmental Planning and Assessment Act. A copy of the draft Agreement has been separately provided to Councillors.

The further report requested in Item 4 was considered in Committee of the Whole at Council’s Ordinary Meeting on 9 October 2006. Council resolved that:

1. The information contained in the report on St Marys Release Area be received;

2. The recommendations made in the report of the Committee of the Whole be adopted; and

3. A further report be brought back to Council on the opportunities available to Council to seek indemnity in relation to future property transfers.

Council was satisfied that appropriate mechanisms are in place for dealing with the level of risk associated with the previous contamination of the site and indicated it was appropriate to move forward with consideration of the adoption of the Dunheved Precinct Plan.

The opportunities to seek additional indemnity in relation to future property transfers are continuing to be examined and a further report will be brought back to Council on these matters.

Draft Dunheved Precinct Plan

In the report to Council’s Policy Review Committee on 22 May 2006, it was advised that a number of minor issues relating to some of the management plans and strategies which support the Dunheved Precinct Plan, although agreed to with the proponent, were yet to be included in the documents. We have now received a completed copy of the draft Dunheved Precinct Plan and supporting documents. A copy of the latest amended version of the draft Precinct Plan has been provided separately to Councillors.

The previous report to Council also identified a number of other matters which required further clarification. These related to use of recycled effluent, ongoing maintenance of drainage/riparian corridors and other future Council-owned assets and minor proposed changes to the St Marys Contamination Management Plan. There were also issues raised by the Ministry of Transport associated with the provision of bus services to the estate given that the other precincts that would provide the necessary bus connections have not yet developed. The status of these matters is outlined below:

1. Use of Recycled Effluent

During discussions over the draft Dunheved Precinct Plan, Lend Lease was asked to negotiate the delivery of a recycled effluent scheme for the Dunheved Precinct, given that it is advancing the installation of the infrastructure required to reticulate recycled effluent to the Eastern (Ropes Crossing) Precinct.

Lend Lease has introduced a recycled effluent scheme into the Ropes Crossing (Eastern Precinct) residential development and signalled its desire to extend that system to the Dunheved Precinct. They have also advised that negotiations have commenced and are continuing with Sydney Water in relation to the delivery of treated effluent from the St Marys STP to the Dunheved Precinct. Those commercial considerations are yet to be finalised, however, Lend Lease has agreed to include in the draft Precinct Plan the following intentions to provide recycled effluent: (i) where feasible, the development allotments are to be provided with a separate, piped supply of treated effluent from the St Marys STP; (ii) rainwater tanks are to be provided in accordance with the requirements of the Plan; and (iii) developments that consume high volumes of water in their operation should incorporate recycling initiatives in the plant’s operation to reduce the demand on water.

Given that effluent reuse and rainwater capture and reuse are important sustainability elements, we will continue to negotiation with Lend Lease and if required, Sydney Water, to ensure the delivery of these systems to the Dunheved Precinct.

2. Ongoing Maintenance of Drainage, Riparian Corridors, Roads and Asset Protection Zone

During preparation of the draft Dunheved Precinct Plan, officers have carried out an investigation of the likely ongoing maintenance costs to Council of these assets, and have requested that a Maintenance Management Plan and schedule of estimates of costings be submitted to Council. This is currently being prepared by Lend Lease. Subsequent approval processes, particularly in relation to development applications, provide the opportunity to consider detailed costings of maintenance requirements once construction designs are completed.

We have requested that the pre-handover periods for drainage basins, riparian corridors and bioretention swales be set at 3 years, and the pre-handover times for bushland and woodland be set at 12 months instead of 6 months. Lend Lease has agreed to our request for the draft Dunheved Precinct Plan to be approved subject to the inclusion of these amendments.

3. Contamination Management Plan

The St Marys Release Area has been the subject of extensive investigation and remediation through the 1990s. The work was undertaken with the full involvement of the EPA and subsequently authorised by an independent NSW EPA accredited Site Auditor who produced and issued the Site Audit Statements for the site. The site has been remediated to a level where it is considered to pose a negligible risk to the public or the environment.

The report considered at Council’s 9 October 2006 meeting outlined in some detail the St Marys Release site audit process and the investigations relating to the contamination and remediation investigations. One of the requirements of the Site Audit Statement was that an appropriate Contamination Management Plan (CMP) be developed and implemented which includes procedures for the safe handling and disposal of contamination that may be found during earthworks.

A CMP was prepared and submitted in support of the Dunheved Precinct Plan and presents information from the remediation and validation reports for the area which covers the Dunheved Precinct. The CMP provides a framework for identifying and addressing any unexpected discovery of chemical contamination or potentially explosive ordnance and addresses requirements to ensure a safe working environment.

Our assessment of the CMP lodged is that it accords with the conditions set down in the Site Audit Statement prepared for the site and provides an appropriate set of procedures to deal with any residual contamination risk. Notwithstanding, we also have sought advice from the independent accredited auditor who issued the principal Site Audit Statement for the St Marys Release as to whether, in his opinion, the submitted Contamination Management Plan for the Dunheved Precinct met the intent of the requirements outlined in the Site Audit Statement. We were advised that the Plan does meet the intent of the requirements outlined but that it would be beneficial for a minor amendment to be made which includes reference to the potential for asbestos cement fragments to be found on site. We have discussed this minor change with Lend Lease and they have agreed to make the necessary amendments to the Dunheved Contamination Management Plan.

4. Bus Services

The Ministry of Transport (MOT), in its recent comments, raised the need for bus connectivity to be provided from the Dunheved Precinct to adjacent industrial areas and the residential precincts to be located in the St Marys Release Area.

A series of public transport improvements were identified in the Transport Management Study undertaken in 2005, including promotion of public transport use and subsidisation of the cost of an interim bus service. Monetary contributions towards these initiatives are included in the Deed entered into between Lend Lease and the State Government.

The initial planning for the St Marys Release made provision for loop bus services to run through the existing Dunheved Business Park, through the Dunheved Precinct and through the Eastern Precinct. These routes cannot be established at the moment due to the lack of road infrastructure connecting the Dunheved Precinct to the Eastern Precinct. This will occur once further development of both Precincts advances.

The provision of effective bus services is fundamental to achieving the mode shift to greater use of public transport for the estate, and the MOT has raised concerns regarding the service levels that could be provided given the constraints on the road network. MOT has also advised that this development should also connect with the strategic bus corridor that is proposed to run along Christie Street.

In our opinion, the proposed link road connecting Links Road to Christie Street could facilitate an effective interim bus route into the existing Dunheved Business Park and new Dunheved Precinct and connect to the strategic bus corridor proposed by MOT. The benefit of this approach has been acknowledged by MOT, however there has not been a formal commitment from this agency to provide a bus service. Accordingly, it would be appropriate for further discussions to occur with MOT to ascertain the most appropriate approach to providing bus services to this estate.

Planning Agreement

A draft outline Development Agreement was lodged with Council in August 2005, and was subsequently considered by Council as part of the suite of documents placed on exhibition with the Draft Precinct Plan. The outline Development Agreement identified the basic infrastructure requirements needed to support the Dunheved Precinct which would be delivered by the developer.

The Environmental Planning and Assessment Act (EP&A Act) has been recently amended to provide alternative developer contribution mechanisms to the traditional Section 94 Plan approach. The legislation, amongst other things, introduced the concept of voluntary Planning Agreements which can be entered into by Council and a development proponent to establish a mechanism for the identification and funding of public facilities and infrastructure to support development.

Given this, we have taken the view that Council should utilise the new legislation. This resulted in the preparation of a draft Planning Agreement which follows the statutory requirements and can also be included under Part 3 of the existing St Marys Development Agreement that Lend Lease has entered into with the State Government. Council’s solicitors have provided legal opinion on this approach and advise there is no disadvantage to Council.

The Council report on 22 May 2006 outlined the proposed content of the draft Planning Agreement and included the schedules of the proposed local transport, open space and stormwater infrastructure works required to be delivered to support the development of the Dunheved Precinct. Council resolved to authorise the Legal Officer and Environmental Planning Manager to finalise the content of the Agreement prior to any formal public notification process.

The draft Planning Agreement for the Dunheved Precinct has been finalised with extensive input from Council’s lawyers, Phillips Fox and agreement reached with Lend Lease on its provisions. Under the provisions of the EP&A Act, public notice of the proposed Planning Agreement, together with the required Explanatory Note, was given from 3 November until 4 December 2006.

Relevant material including the proposed Planning Agreement, Explanatory Note, a Structure Plan map of the St Marys Release Area and a colour aerial photo of the South Dunheved Precinct was displayed at the following venues: Penrith City Council foyer, Penrith Library, Penrith City Council’s St Marys office and the St Marys Library. Public notice of the proposed Planning Agreement was also displayed in local newspapers.

A copy of the proposed St Marys Penrith Planning Agreement was provided to all Councillors in November 2006. Also, a copy is available at the Council meeting if required.

No submissions have been received in relation to the proposed Planning Agreement.

We are satisfied that the nominated work negotiated in the proposed Planning Agreement represents a substantial contribution to the infrastructure required to support the development of the Dunheved Precinct within Penrith.

As all negotiations have been completed for both the required physical works and also the detailed legal requirements, it is considered that Council can now endorse the proposed St Marys Penrith Planning Agreement, including the proposed works schedules.

Proposed Dunheved Link Road

Lend Lease has submitted to Council a draft Concept Plan for a link road between the Christie Street/Lee Holm Road intersection to a point adjacent to the Dunheved Golf Course. The Concept Plan nominates a proposed route and an initial estimate of costings. This proposal was presented to the Councillor Workshop held on 8 May and has been referred to the RTA who have been requested to confirm a preferred intersection geometry with Christie Street.

Council in its last consideration of the Dunheved Precinct Plan sought that further discussions be held with Lend Lease and the RTA concerning the most appropriate means to achieve the new link road. Since that time, we have had extensive discussions with these two stakeholders, as well as the convener of the Dunheved Industrial Development Committee.

We have negotiated with the RTA for the dedication of part of the RTA’s land in Christie Street required to facilitate the new link road and that has recently been formally confirmed.

Given that pursuing the delivery of the link road and resolving all relevant issues will take some time, we have discussed with Lend Lease the most appropriate mechanism for moving forward to determine the final design, funding arrangements and delivery mechanism for the link road. To facilitate this process, a draft Heads of Agreement between Council and Lend Lease has been drawn up which contemplates the establishment of a Project Control Group to advance the design, funding and construction of the link road and to determine options for the best manner in which adjoining lands could assist in facilitating this process.

The proposed Heads of Agreement will be the subject of a separate report to tonight’s Council meeting.

Conclusion

The Dunheved Precinct will make a notable contribution to delivering new employment opportunities, not only in relation to the St Marys Release Area development, but also in relation to Council’s aspirations for creating new jobs across the City.

The public submissions made to the exhibition of the draft Dunheved Precinct Plan reported to Council’s meeting of 22 May 2006 have been carefully assessed and it is considered that the issues raised have been effectively dealt with in relation to the proposals advanced by Lend Lease and the amendments made to the draft Precinct Plan.

The submissions received from the State Government authorities have been appropriately addressed and the relevant aspects identified incorporated in the amended draft Precinct Plan. As discussed earlier in this report, further discussions need to occur with the Ministry of Transport to ascertain the most appropriate approach to the provision of bus services to this estate.

The contamination management of the site has been the subject of recent detailed consideration by Council and an effective approach resolved.

All matters relating to the draft Dunheved Precinct Plan and related St Marys Penrith Planning Agreement have now been completed and as such, these are now recommended to be adopted by Council.

RECOMMENDATION

That:

1. The information contained in the report on St Marys Release Area - Adoption of draft Dunheved Precinct Plan and endorsement of St Marys Penrith Planning Agreement for the South Dunheved Precinct be received.

2. Council adopt the Dunheved Precinct Plan submitted by Lend Lease, with the amendments agreed to by the proponents outlined in the report.

3. The St Marys Penrith Planning Agreement for the South Dunheved Precinct including the proposed works schedules be endorsed.

4. The Common Seal of the Council of the City of Penrith be affixed to the St Marys Penrith Planning Agreement.

5. Council write to the Ministry of Transport to confirm the appropriate approach and timing for the delivery of bus services in the Dunheved Precinct and the Dunheved Business Park.

6. Council provide written responses to all public authorities or persons who made submissions to the public exhibition for the draft Dunheved Precinct Plan.

7. Blacktown City Council be advised of Council’s decision and that joint arrangements be put in place to ensure the orderly and timely development of the two Precincts.

8. Lend Lease be advised of Council’s decision.

ATTACHMENTS/APPENDICES

1. View	St Marys Development Precinct Plan	1 Page	Appendix
2. View	Dunheved Precinct Framework Plan	1 Page	Appendix
3.	Policy Review Committee meeting report of 22 May 2006	37 Pages	Attachment

*Ordinary Meeting*	*11 December 2006*
*Attachment 1 - Policy Review Committee meeting report of 22 May 2006*

The City as a Social Place

ADI Site - Draft Dunheved Precinct Plan & Draft Planning Agreement

Compiled by: Tony Crichton, Senior Environmental Planner

Authorised by: Roger Nethercote, Environmental Planning Manager

Strategic Program Term Achievement: Cohesive communities are formed based on sustainable, safe and satisfying living and working environments.

Critical Action: Prepare and implement plans for each new release area that deliver quality, sustainable living and working environments.

Purpose:

To provide Council with an assessment of the draft Dunheved Precinct Plan including an examination of the key issues that have been resolved and the main amendments made to the draft Plan. The report also advises of the status of the draft Planning Agreement for the Dunheved Precinct. The report recommends support in principle for the draft Dunheved Precinct Plan with amendments as agreed by the proponent. The report also recommends the public exhibition of the draft Planning Agreement and other procedural steps to be taken.

Background

On 16 June 2003, Diane Beamer, who was then the Minister for Western Sydney and the Assistant Minister for Infrastructure and Planning, declared the Eastern, Dunheved North and Dunheved South Precincts to be the Stage 1 Release Areas for the ADI site. The Eastern Precinct Plan was adopted by Blacktown City Council on 4 February 2004.

The LGA boundary between Penrith and Blacktown Council areas traverses the middle of the Dunheved Precinct. The draft Dunheved Precinct Plan was jointly lodged with Penrith City Council and Blacktown City Council on 30 April 2005. It is a consolidated plan that applies to both the North Dunheved Precinct and the South Dunheved Precinct.

The Dunheved Precinct has a total area of 30.3 ha, which technically comprises a North Dunheved Precinct (18.4 ha) within the jurisdiction of Blacktown City Council and a South Dunheved Precinct (11.9 ha) within the jurisdiction of Penrith City Council. A copy of the ADI Site Precinct Plan is attached as Appendix 1. The Dunheved Precinct Framework Plan is attached as Appendix 2.

Although the Minister has formally declared two separate precincts, DoP, Delfin Lend Lease and both Councils have agreed on the lodgement of a single Plan to be determined by resolutions from the two separate Council meetings.

A joint planning process was held with Blacktown Council regarding the exhibition process, submissions from public authorities and assessment of key issues. Officers from both Councils and Delfin Lend Lease have held a number of joint workshops which have resulted in the determination of an agreed set of standards for the two precincts on issues such as road reservations, building setbacks, building heights and subdivision layout.

The Employment Development Strategy (EDS) for the full ADI site was completed in June 2003 and endorsed by the Minister for Planning a few months ago. The Dunheved Precinct represents approximately half of the total land area zoned Employment within the site and is proposed to contribute 600 direct on-site jobs.

On 10 June 2005 Delfin Lend Lease submitted a draft Outline Development Agreement (draft ODA) which was very limited in scope and proposed a small park facilities and bicycle network.

At Council’s Policy Review Committee Meeting held on 27 June 2005, a presentation was provided to Councillors by Delfin Lend Lease on the Precinct Plan. Council considered a report recommending that it publicly exhibit the draft Dunheved Precinct Plan in accordance with the provisions of Sydney Regional Environmental Plan No 30 – St Marys and concurrently with Blacktown City Council. Council resolved that:-

1. The information contained in this report on the submission of the draft Dunheved Precinct Plan be received

2. Council publicly exhibit the draft Dunheved Precinct Plan in accordance with the provisions of Sydney Regional Environmental Plan No 30 – St Marys, and concurrently with Blacktown City Council

3. Landowners in the vicinity of the Dunheved Precinct be advised of the exhibition details and Council’s resolution

4. Penrith City Council continue discussions with Blacktown City Council to ensure economic and efficient long term management of the precinct

5. A funding report be prepared on the funding of the ongoing maintenance of the issues detailed in the submission attached to the report

6. Council pursue the development of the Christie Street linkage in conjunction with Delfin Lend Lease (DLL) and the Roads and Traffic Authority (RTA), funding contributions from realization of surplus Council/DLL/RTA land.

The submitted draft Outline Development Agreement (draft ODA) was considered inadequate due to the absence in the draft ODA of contributions for Local Road and Intersection Upgrades and Additional Local Road and Intersection Upgrades. Both Penrith and Blacktown Council also considered that the proposal for Local Parks in a future industrial release area was considered to be inappropriate due to the potential maintenance obligation and as it was not expected to be extensively used.

Copies of the draft Precinct Plan as submitted to Council on 30 April 2005 were distributed to Councillors in September 2005 prior to the public exhibition process. A copy of the draft Plan incorporating a number of amendments negotiated with Delfin Lend Lease since that time has been recently distributed to Councillors.

Statutory planning requirements for adoption of draft Dunheved Precinct Plan

Clause 15 of SREP 30 permits Council to adopt a draft Precinct Plan either -

(i) in the form in which it was publicly exhibited;

(ii) with amendments as agreed to by the proponent, or as proposed by the proponent in response to submissions; or

(iii) with amendments not agreed to by the proponent, but only with the consent of the Minister.

Council cannot refuse to adopt a draft Precinct Plan unless it has obtained the agreement of the Minister to the refusal. Although a Council technically has 6 months in which to adopt a precinct plan, Delfin Lend Lease and the two Councils agreed to extend the assessment period so that additional work could be carried out by consultants and submitted to Council for assessment.

Submission of revised draft Outlined Development Agreement

Following further negotiations with Delfin Lend Lease, a revised draft ODA was subsequently submitted to both Councils which incorporates revised schedules for Transport, Open Space and Recreation and Drainage. The revised draft ODA included the following works:

Transport Study Works

· Werrington Road/Dunheved Road intersection to Parkes Avenue;

· Werrington Road/Dunheved Road intersection;

· Forrester Road/Christie Street intersection to South Creek.

Additional Works

· New Link Road from Christie Street to Links Road;

· Upgrade Links Road from new road to Dunheved Precinct boundary;

· Upgrade Links Road (both sides) along Dunheved Precinct boundary.

Open Space and Recreation

^·Open Space Area associated with convenience and retail food outlets (paved, shaded outdoor seating area approximately 100 -150 m²);

^{· 5
m wide shared pedestrian and cycle path.}

^Drainage

^{· Combined
detention/infiltration basins}

Exhibition of draft Dunheved Precinct Plan and draft Outline Development Agreement

Following the submission of the revised draft ODA, Penrith and Blacktown Councils publicly exhibited the draft Dunheved Precinct Plan and draft Outline Development Agreement for the required statutory period of 28 days from 7 September to 5 October 2005. Relevant exhibition material, including maps, the draft Plan and the draft ODA was displayed at the following venues:

Penrith City Council Foyer, Penrith Library, Penrith Council’s St Marys Office, St. Marys Library, Blacktown City Council and Mt Druitt Library.

The exhibition of the draft Plan was also advertised in local newspapers covering relevant areas in Penrith and Blacktown.

Notification letters were sent to landowners in residential areas surrounding the North and South Dunheved Precincts. A comprehensive range of public authorities, Local Members, local community and business groups, including Dunheved Industrial Development Committee and ADIRAG, were notified in writing of the exhibition and invited to comment.

Assessment of Submissions

Council has received a total of 30 submissions to the exhibition comprising a petition with 89 signatures, two individual letters, seven form letters and 20 submissions from Public Authorities, Service Authorities and Emergency Services organizations.

A summary of the submissions made and a brief assessment of those submissions is provided below. A detailed listing of the issues raised in submissions and a full assessment is provided in Attachment 1.

1. Individual submissions

Two individual submissions have been received. Both submissions object to the draft Plan. The issues raised related to potential flooding and the biodiversity assessment.

· The filling of the floodplain will impede creek flows and result in upstream flooding.

Comments:

The flood modelling carried out has demonstrated that if all proposed ameliorative measures are implemented, there will only be ‘minimal’ increases in flood level upstream of the site of 37mm and downstream of the site of 11 mm. Council staff are satisfied with the methodology undertaken in determining the flood level and with the negligible affect that the filling of this part of the flood plain would have. This matter is addressed in more detail later in this report.

· The Biodiversity Assessment Report is grossly inadequate. The site has a high representation floristically of species for a remnant on the Cumberland Plain. The submission also opposes the filling of the floodplain as it will potentially cause problems for the downstream property owners.

Comments:

The biodiversity value of the Dunheved Precinct needs to be viewed in the context of the wider biodiversity conservation outcome for the whole of the ADI Site, including the preservation of a substantial Regional Park of 900 ha. This assessment has been supported by the Department of Environment and Conservation (DEC). It should also be noted that a significant riparian corridor along the tributary to South Creek is to be established. This issue is further addressed later in the report.

2. Form letters and petition

Seven form letters and a petition raising the same issues as the form letters and containing 89 signatures have been submitted. The issues and our commentary is included in Attachment 1. A summary of the points raised is outlined below.

· Object to the development of the floodplain, seek the collection of new floodplain data prior to the approval of the Precinct Plan and ask where is the equivalent area of compensatory floodplain storage situated?

· Seeks information on number of truckloads required to fill the site and opposes any increased traffic on Dunheved Road. Seeks information on number of truckloads required to fill site;

· Opposes Development Agreements and seeks assurance that Council can act in public interest;

· Opposes any increased traffic on Dunheved Road.

Comments:

Council’s flood policy generally does not support filling of the flood plain (1% AEP flood level) unless it can be demonstrated that no detrimental effects will occur as a result of the filling and any associated mitigation works. The proponent carried out a modeling exercise that used the most contemporary flood model that was available (the 1991 Flood Study). The approach which was undertaken in the use of this modeling, looked at the differences in the flood levels upstream, downstream and across the site as a result of the proposed filling and mitigation measures. The model that was used for this is considered to be adequate for this exercise. The modeling was also scrutinized by Department of Natural Resources (DNR) and subjected to a peer review by an independent consultant. Both DNR and the consultant arrived at the same conclusions and have endorsed the study outcomes. This approach is also consistent with State Government’s Floodplain Management Manual .

Details relating to the method of filling the land are more appropriately dealt with at the DA stage once the sources of fill material are known.

A Development Agreement, which is now known as a Planning Agreement, under the new legislation, should not be confused with a Public Private Partnership (PPP). A PPP is an altogether different process where Government may elect to enter into a contract with a private organisation for the carrying out of works in return for that organization receiving a share of the revenue so generated, such as a tollway. A Planning Agreement is a contractual agreement between the planning authority and the developer. On 8 July 2005, the Environmental Planning & Assessment Act, 1979 (EP&A Act), was amended to allow planning authorities to use planning agreements as a means to obtain contributions for a public purpose. The purpose of a Planning Agreement is to ensure that developers put in place infrastructure in a timely manner using a process that is more suitable or flexible than the traditional Section 94 process. The signing of a Planning Agreement by a Council does not bind or fetter that Council in the carrying out of its statutory planning obligations under the EP& A Act.

Dunheved Road is a strategic road corridor that has been planned to convey traffic in an east west direction across a major part of the City. The current construction has been designed to allow for future lane amplification. The need for this upgrade will be driven by future traffic being generated by all of the release areas in the LGA.

3.Public Authorities

A total of 20 submissions have been received from public authorities, which are listed in Attachment 1.

Although no public authorities objected to the draft Plan, a total of 5 public authorities have raised issues that need to be addressed. These authorities are DNR, DoP (Metro Planning & Transport Strategy), MoT, Sydney Water and the RTA.

(i) DNR

The draft Plan has been amended to meet various minor changes requested by DNR. Key issues resolved include the use of a 20m wide riparian corridor in lieu of a proposed 20m wide drainage and use of combined water quality basins rather than detention/infiltration basins.

(ii) Department of Planning (DoP)

A number of issues raised by DoP have been resolved including phasing of development, flood evacuation, journey to work modal split, retention of trees and impact of development upon flood levels. DoP also sought more detail on future bus services and the form and management of public transport promotion, including timeframes for implementation of public transport improvements. These are valid queries, however the responsibility for the location of bus routes, frequency of service and provision of public transport improvements rests with the Ministry of Transport (MoT). This issue is further discussed in the following item.

(iii) Ministry of Transport (MoT)

The approach being pursued by the MoT in relation to bus services is based on the 43 Strategic Bus Corridors nominated in the Unsworth Report. MoT have indicated that they are not yet in a position to engage Council in a detailed bus services review given priorities being pursued elsewhere in Sydney. The key issues raised by the MoT included:

· Bus priority access should be provided into the adjacent residential subdivisions and to rail connections at St Marys and Penrith. Objects to the piecemeal approach to the development of this site;

· Bus connectivity should be provided from Dunheved Precinct to the adjacent industrial subdivisions;

· The design of the bus network for the site should integrate with the strategic bus corridor – a central spine route through AD I site is favoured;

· Unless funds are provided for start-up bus services, it is difficult to see how the stated reduction in vehicle kilometers travelled (VKT) could be achieved;

Comments:

The St Marys Development Agreement (The Deed) and the 2005 Transport Management Study (2005 TMS) (currently being updated) provide the planning and legal framework for the provision of the scheduled regional and local road and intersection upgrades. A series of public transport improvements will be carried out following the finalisation of the 2005 TMS. The Deed does provide for public transport promotion and for the subsidization for the cost of an interim bus service. Although the ADI site is currently being developed in a staged fashion, transport planning for the site is being delivered on a whole of site basis. The future declaration of additional precincts by the Minister will assist in the delivery of an integrated approach to provision of bus services across the ADI site. It is considered that the draft Dunheved Precinct Plan demonstrates good bus connectivity, recognizing that the internal road connectors that will ultimately link Dunheved Precinct to the Western, Central and Eastern Precincts are yet to be planned in detail and delivered. Council should strongly support the use of available funds within the Deed for transport promotion.

(iv) Sydney Water

Issues raised:

· Sydney Water requests that both flushing of toilets and all irrigation needs be met from use of recycled effluent. They have also requested that use of recycled effluent for industrial operations be actively pursued.

· Sydney Water argues that recycled effluent should be used at all times for both flushing of toilets and irrigation use. It is argued that the use for toilets only would have implications for pipe size, costs and system design and would lead to a deterioration in water quality when recycled water is held in pipes for long periods.

Comments:

Delfin Lend Lease argues that use of recycled effluent at all times for irrigation could potentially generate higher salinity levels and consider that they should not be forced to use recycled effluent when rainwater is available in tanks. It is considered that, where available, rainwater should be utilized for irrigation in order to reduce salinity, reduce costs and for sustainability reasons. Delfin Lend Lease was asked to negotiate the delivery of a recycled effluent scheme for the Dunheved Precinct, given that it is advancing the installation of the infrastructure required to reticulate recycled effluent to the Eastern (Ropes Crossing) Precinct. In our view, the use of recycled effluent should be pursued for the Dunheved Precinct, particularly given the St Marys STP location adjoining the site. In discussion with Blacktown Council, Delfin Lend Lease has agreed to amend the draft Plan to include development controls to require:

(i) the developer to provide all allotments with a separate piped supply of treated effluent from the St Marys STP, subject to continuing negotiations with Sydney Water, and other appropriate measures such as rainwater tanks;

(ii) developments that consume high volumes of water in their operation shall incorporate recycling initiatives in the plant’s operation.

(v) RTA

Issues raised:

· The RTA considers that the following works will be required to meet the demands of this development;

· Forrester Road and Links Road – Intersection Improvements;

· Forrester Road and Christie Street – Intersection Improvements;

· Christie Street – Road rehabilitation – Forrester Road to Werrington Road;

RTA suggest that consideration be given to the provision of Traffic Control Signal (TCS) at the intersections of Forrester Road/Christie Street/Boronia Road and Forrester Road/Links Road instead of the proposed short term intersection treatments. The replacement of the roundabouts with the TCS is required by 2012 as part of the proposed strategic bus corridors work along Christie Street and Forrester Road;

· The latest proposal of the creation of a four-way intersection at Christie Street/Lee Holm Road needs to be further investigated. Christie Street forms part of a strategic bus corridor and therefore any intersections treatment along Christie Street needs to consider bus priority measures;

· Regarding Council’s request for the dedication of part of the RTA owned land related to establishing the new Link Road to Christie Street, the RTA has not been able to consider the request in the absence of detailed information regarding the extent of land needed and the specific purpose it is required for.

Comments:

Council agrees with the RTA’s suggestions for road improvements to Forrester Road, Links Road and Christie Street and these are included in the schedules to the draft Planning Agreement. Council officers would support the early provision of traffic signals. The establishment of a four way intersection with the new Link Road, Christie Street and Leeholm Road is supported as the most appropriate location to provide the new traffic link into the existing Dunheved Estate. It is appropriate that bus priority measures be considered at this intersection given Christie Street will ultimately form part of the Werrington Arterial. The use of the RTA land off Christie Street to facilitate the Link Road is critical and we will be continuing to negotiate this aspect with the RTA once a design for the intersection is available. This issue is discussed later in the report.

Assessment of draft Precinct Plan

The draft Dunheved Precinct Plan consists of two volumes containing the following documents:

· Volume 1 comprising draft Precinct Plan and draft Development Control Strategy; and

· Volume 2 comprising the following supplementary reports:

· Employment Implementation Strategy

· Water Soils & Infrastructure Report

· Biodiversity Assessment Report

· Tree Survey

· Weed Management Plan

· Bushfire Management Plan

· Feral & Domestic Animal Strategy

· Traffic and Transport Report

· Contamination Management Plan

· Human Services and Community Facilities Report

· European Heritage Report

· Aboriginal Archaeology Report

· Landscape and Open Space Masterplan

· Landscape and Open Space Handover & Maintenance Plan

The draft Dunheved Precinct Plan and draft Development Control Strategy has been assessed under an existing statutory planning framework comprising the following key documents:

· Sydney Regional Environmental Plan No. 30 (SREP 30);

· The St Marys Environmental Planning Strategy (EPS);

· The St Marys Development Agreement (The Deed).

The draft Plan and draft Development Control Strategy has included the required matters listed under SREP30. The draft Plan is also considered to have met the required performance objectives listed in the Environmental Planning Strategy (EPS).

Clause 11 of SREP 30 provides amongst other things, that a Precinct Plan must not be approved unless Council is satisfied that the Plan is consistent with the performance objectives, zone objectives and requirements prescribed by the SREP and the proposed development controls proposed in the St. Marys Environmental Planning Strategy 2000 (EPS 2000). Council must also ensure that the Precinct Plan is substantially in accordance with the Structure Plan under SREP 30.

The draft Precinct Plan and draft Development Control Strategy together address the full range of issues required under the above provisions of SREP 30. The draft Plan is also consistent with the Structure Plan under SREP 30.

Assessment of Key Issues

A number of issues have emerged from both consideration of the submissions raised during the public exhibition as well as from our own assessment and the discussions we have held with officers of Blacktown Council. The key matters are outlined below together with relevant commentary. It will be noted that in a number of instances, we have reached agreement with Delfin Lend Lease to amend the draft Precinct Plan. A detailed list of these amendments are provided at Attachment 2 to this report.

The following section also includes commentary on a number of queries raised by Councillors at the presentation provided on the Dunheved Precinct Plan at the Policy Review Committee meeting 27 June 2005.

A copy of the Draft Dunheved Precinct Plan with the amendments outlined below, as agreed by Delfin Lend Lease and Blacktown Council, has been separately distributed to Councillors. However, a number of the Management Plans and Strategies, which are the supporting documents for the draft Dunheved Precinct Plan, are currently still being revised by Delfin Lend Lease. The details of these amendments are outlined in Attachment 4.

1. Filling of Land and Flood Management

The Dunheved Precinct is floodprone and requires filling of land to a depth of 1.0-1.5m. It is acknowledged that the extent of fill proposed on the Dunheved Precinct is significantly less than the volumes that would be required for the Central Precinct, if that precinct were to be declared as a release area by the Minister. As a result, the proponent was requested to model filling of the Dunheved Precinct as well as the Central Precinct to determine the net affects on the floodplain. The relevant performance standard within SREP 30 states that “there is to be only minimal impact upon flood levels upstream or downstream of the land to which this plan applies as a consequence of its development.”

At the request of the two Councils, a Peer Review was carried out by Bewsher Consulting “to study and access the technical veracity of the modelling undertaken by SKM.” The two Councils chose Bewshers as this organization is considered to be well equipped to access the modelling methodology employed. Bewshers concluded that “the methodology used by SKM to model the proposed fill areas and flood storage areas within the site follows normal and accepted modelling practice. There is documentation available to substantiate much of the methodology and results. We have not found any information which raises significant concerns about the modelling work undertaken by SKM.” This outcome has also been endorsed by the Department of Natural Resources.

The flood modelling consultants SKM were also asked by the two Councils to provide additional information on flood impact. The work carried out has provided the following results:

· When pre and post development conditions for the South Creek floodplain are compared for 1:100 year flood on large scale maps the maximum vertical increment in flood level upstream of the site is 37 mm (golf course only) and downstream is 11 mm;

· There are no discernable horizontal impacts on the 1:100 year flood extent due to the proposed development;

· Alternative modelling scenarios based on a reduced development have delivered no significant reduction in flood levels.

This additional work has further demonstrated the original modelling results that minimal increases in flood level can be expected to occur as a result of the proposed development.

Council, in the implementation of its flood policy, has not favoured substantial filling of flood plains. In cases where small scale filling of flood liable areas has been agreed to, Council has insisted upon compensatory flood storage being provided. Council’s “Interim Policy for Development of Flood Liable Land” employs a “merits based” approach for assessment.

At Council’s request, the applicant has provided clarification on the rationale of their flood modelling approach. Given the proximity of the Regional Park, the option of compensatory flood storage being provided by excavation is not as feasible as it would be in other locations. As a result, the Delfin consultants examined other appropriate measures to reduce the flood impact.

The submitted information from SKM indicates that minimal increases to both upstream and downstream flood levels will be achieved by the development of the Dunheved Precinct if certain flood mitigation measures are implemented. This approach is to raise the level of two bridges which span both Ropes and South Creeks and to remove the approach embankment for the old munitions bridge in order to increase the cross-sectional channel volume for Ropes and South Creeks. This allows the required performance standards in SREP 30 and the EPS to be met.

The means of importing the fill material, including ensuring that the source of fill for the Dunheved Precinct is free from any form of contamination and is validated as safe for filling purposes are detailed matters that will be canvassed in subsequent development applications.

We are satisfied that the issues raised in the 27 June 2005 report to Council concerning the flooding implications of filling the Dunheved Precinct have been satisfactorily addressed.

2. Biodiversity

The majority of the Dunheved Precinct has been cleared however areas of vegetation remain in the north, southwest and southeast of the site.

The development of the Dunheved Precinct will result in the removal of areas of three endangered ecological communities, two threatened flora species and a number of Blue Box trees that are regionally significant. The retention of significant trees will be possible within the riparian and drainage corridors in the southwest of the site, however the proposal for filling of the site to a depth of 1.0-1.5 m will generally prevent the retention of existing vegetation within the precinct.

The proponents have undertaken a comprehensive 8 Part Test for the endangered and threatened species consistent with the provisions of the Environmental Planning & Assessment Act, which indicates that the loss of the vegetation is not of significant impact. DEC has indicated in its submission that provided that plantings and weed management policies within the Dunheved Precinct are sympathetic to the management of the biodiversity within the Regional Park, the DEC has no significant concerns with the biodiversity impacts of the draft Plan.

Despite the loss of vegetation (approx 3 ha) on the Dunheved Precinct, it is reasonable to conclude that this is more than balanced by the protection of significant areas (900 ha) of endangered woodland within the adjoining Regional Park. It is also reasonable to conclude that although the development of the Dunheved Precinct will result in the removal of scattered woodland, the development will not have a significant effect upon any threatened flora or fauna species.

3. Riparian Corridor

Following the request of DNR, Delfin Lend Lease has agreed to Council’s request to replace the proposed 20m wide drainage corridor in the upper reaches of the creek in the south-west of the site with a 20m wide riparian corridor. DNR has also requested that there be no development lots backing onto any riparian corridor and Delfin Lend Lease has agreed that, where practical, perimeter road or track will be provided adjacent to any riparian or drainage corridor within the precinct.

4. Drainage Basins

DNR raised concerns that the concept of using infiltration basins to treat water quality may have implications for salinity on the site. Delfin Lend Lease, in reconsidering this aspect, has agreed to replace the infiltration basins with combined detention and water quality basins.

5. Bioretention Swales

Bioretention swales convey and filter stormwater run-off through the use of vegetation as a filter medium. Delfin Lend Lease originally proposed to locate bioretention swales along both sides of all roads within the precinct as an integral part of the stormwater quality management and trunk drainage system. We have however, expressed concern in this application at the ongoing costs to Council of maintaining such infrastructure and queried the practicality of locating swales in an industrial area which is subject to heavy traffic movements. We requested that bioretention swales be limited to the western side of the main collector road only. Delfin Lend Lease has accordingly amended the draft Precinct Plan.

6. Recreation Space for Employees

At the request of both Councils, the two proposed Local Parks have been removed from the original draft Dunheved Precinct Plan as it was considered to be a maintenance liability and unlikely to be regularly used, given its location in an industrial area.

As an alternative, the draft Planning Agreement which has recently been submitted to Council includes as a proposed scope of works a paved, shaded outdoor eating area, approximately 100-150 square metres, incorporating seating, shade structures and tree planting. This is proposed to be established prior to 75% of industrial establishments being established within the North and South Dunheved Precincts. Delfin Lend Lease will also use reasonable endeavours to ensure that a convenience and retail foods outlet is established in either of the Dunheved Precincts.

The draft Precinct Plan also requires that a passive recreation area be provided on each allotment for use by employees.

7. Public Transport Infrastructure

The draft Precinct Plan has been amended to include two bus stops and two bus shelters at both the northern and southern ends of the main Collector Road servicing the Dunheved Precincts.

8. Road Network Infrastructure

Officers from both Councils devised a consistent set of standards for both road carriageway widths and road reservation widths for both the main Collector Road and the other roads within the draft Precinct Plan. The general principle adopted was to utilize the higher road standard from either Council and accordingly Delfin Lend Lease has now agreed to adopt road carriageway widths of 15.5m and 13.5m for Collector Road and Other Roads respectively. The road carriageway widths and road reservation widths have increased from those exhibited in the draft Precinct Plan. A 3m wide parking lane has also been added to the western side of the Collector Road so that this may also be utilized as a breakdown lane.

9. Use of Recycled Water

In its submission to Council, Sydney Water requests that both flushing of toilets and all irrigation needs be met at all times from the use of recycled effluent, rather than from a combination of recycled effluent and stored water from rainwater tanks. It is argued that the use of recycled effluent for toilets only would have implications for pipe size, costs and system design and would lead to a deterioration in water quality when recycled water is held in pipes for long periods. They have also requested that the use of recycled effluent for industrial operations be actively pursued.

The two Councils and Delfin Lend Lease have agreed to amend the draft Plan to include development controls to require: (i) the developer to provide all allotments with a separate piped supply of treated effluent from the St Marys STP, subject to continuing negotiations with Sydney Water, and other appropriate measures such as rainwater tanks; (ii) developments that consume high volumes of water in their operation shall incorporate recycling initiatives in the plant’s operation.

10. Telecommunications Infrastructure

Council’s ‘Sustainability Blueprint for Urban Release Areas’ encourages the provision of ‘advanced telecommunication infrastructure in new release areas which should provide multiple telecom services including high speed internet (including broadband), voice and data systems.’

Although Council cannot enforce the signing of commercial contracts by developers, we are nevertheless keen to ensure that modern telecommunication infrastructure and services are provided to the Dunheved Precincts. The draft Precinct Plan has therefore been amended to require the provision of modern telecommunication infrastructure and services subject to continuing negotiations with service providers.

11. Subdivision and Built Form Controls

In our assessment of the proposed development controls contained within the Precinct Plan, we have discussed a number of appropriate changes with Blacktown Council officers to ensure that both Councils’ existing controls for employment precincts can be consistently meshed into the requirements for Dunheved Precinct. The key amendments made to Part 4 of the draft Dunheved Precinct Plan (draft Development Control Strategy) are summarized below.

· Minimum Lot Width

The minimum lot width at the primary street frontage has been increased to 50m on the Collector Road and retained at 35m on other roads as the larger lots were expected to be located along the Collector Road.

· Salinity Controls

Specific salinity objectives and controls have been added to the draft Plan in order to manage and mitigate the impacts of, and on, salinity.

· Regional Park Frontage

A specific control has been inserted into the draft Plan in order to ensure that loading docks, loading areas and external storage areas shall be appropriately located and/or screened so as to not be visible from the Regional Park.

· Front Setback Controls

The draft Plan has been amended to reflect increased front building line setbacks. The front setback for the Collector Road has been increased from 5m to 9m and from 5m to 7.5m for other roads.

A specific control has been added to the draft Plan to prevent the location of water tanks within the front setback and to require screening. Minimum landscape requirements for front setback areas have also been added.

· Carparking

The draft Plan has been amended to specifically require carparking to be located behind the required minimum front landscaped setback area. The draft Plan has also been amended to remove the specific controls that previously permitted carparking to be shared between neighbouring lots and which also permitted shared access and turning areas between neighbouring sites. These two latter controls have been deleted as officers considered that they would create on-site problems.

· Employee Recreation Area

A requirement for a minimum passive recreation area on each lot for use by employees has been added to the draft Plan.

· Maximum Fence Height

The draft Plan has included a maximum fence height of 1.8m in order to screen the rear of the lots from adjacent sites.

· Specific Urban Design Controls

Specific Controls relating to building design and building materials have been added to strengthen the draft Plan.

12. Ongoing Maintenance of Drainage, Riparian Corridors, Roads and Asset Protection Zone

At Council’s Policy Review Committee Meeting held on 27 June 2005, Council resolved, in part, that a report be prepared on the funding that may be required for the ongoing maintenance of drainage basins, riparian corridors, bioretention swales and the Asset Protection Zone.

Following discussions with officers from both Councils, Delfin Lend Lease has agreed to the removal of the proposed Local Parks in both North and South Dunheved Precincts. Penrith Council officers and Delfin Lend Lease have reached agreement that the bioretention swales should be retained on the western side of the Collector Road, but removed from other parts of the South Dunheved Precinct in order to reduce maintenance costs and as the bioretention swales were not considered to be a viable application in an industrial area.

Delfin Lend Lease submitted a “Landscape and Open Space Handover & Maintenance Plan” with the draft Dunheved Precinct Plan. This Plan outlines an 8 stage process which includes separate phases for approval, construction, practical completion, contract maintenance, handover and ongoing maintenance by Council.

It is also proposed that a ‘Landscape and Urban Design Strategy’ be prepared as a supporting document to the draft Dunheved Precinct Plan, should it be adopted. This strategy will include, amongst other things, relationship to the site open space hierarchy, standards for public domain character and presentation, design and materials treatments and principles for landscape implementation and maintenance.

Officers have carried out an investigation of the likely ongoing maintenance costs to Council of these assets and have requested that a Maintenance Management Plan and schedule of estimates of costings be submitted to Council. This is currently being prepared by Delfin Lend Lease.

We have requested that the pre-handover periods for drainage basins, riparian corridors and bioretention swales be set at 3 years and the pre-handover times for bushland and woodland be set at 12 months instead of 6 months. Delfin Lend Lease as agreed to those arrangements.

13. Contamination Management Plan

The ADI site has been the subject of extensive investigation and remediation through the 1990’s. The work was undertaken with the full involvement of the EPA and subsequently by an independent NSW EPA accredited Site Auditor who produced and issued the Site Audit Statements for the whole of the ADI site (Stage 2 Decontamination Audit of ADI St Marys Munitions Factory, dated 7 June 1999). The site has been remediated to a level where it is considered to pose a negligible risk to the public or the environment with regard to chemical contamination or explosive ordnance.

The submitted ‘Contamination Management Plan’ presents information from the remediation and validation reports for the Southern Sector East (which covers the Dunheved Precinct) and other pertinent information from the whole of the site. The objective of the Plan is to provide a framework for identifying and addressing any unexpected discovery of chemical contamination or potentially explosive ordnance and to ensure a safe working environment.

Deed of Indemnity

Council has been attempting to obtain a signed Deed of Indemnity for the former ADI site from the Commonwealth Government since May 2004. The intention of the Deed is to seek the Commonwealth Government to indemnify Council against all actions, claims and damages arising from any claim by the future land owners of the ADI Site from any currently unforeseen source of contamination.

Notwithstanding that Blacktown City Council received a signed Deed of Indemnity from the Commonwealth Government in the late 1990s, the Commonwealth Government has advised that it cannot now provide an indemnity out of a purported obligation arising from a similar indemnity provided to Blacktown City Council. We have been advised that Council has no legal entitlement to an indemnity from the Commonwealth Government.

We have sought from Council’s solicitors, Phillips Fox, advice whether Council has an argument that the Commonwealth Government should execute the draft Deed of Indemnity. We are advised that the Commonwealth Government has implemented a policy which states that a set of guidelines should be satisfied before the Commonwealth provides an indemnity. In August 2005, Council wrote to the Commonwealth Department of Finance and Administration and addressed the specific criteria listed in the guidelines provided by the Commonwealth Government.

The Commonwealth Government advised that the Council’s submissions have not identified any clear risk to Council, or basis for the Commonwealth to issue an indemnity. The Commonwealth Government has advised that it is of the view that the draft indemnity provides no further protection to Council than that afforded by section 145B of the Environmental Planning and Assessment (EP&A) Act. This Section provides that if the Council acts in good faith with respect to issues of contamination in planning for future development of the area, that the Council will not be liable to any party at law.

Council’s solicitor has advised that it would appear that the Commonwealth Government accepts that the land is contaminated, but asserts that the question as to whether the Commonwealth should take responsibility for that contamination depends upon the Council identifying a particular risk to it, in relation to which it is not afforded protection under Section 145B of the EP&A Act.

Council’s solicitors have advised that the draft indemnity is of limited scope and operation and consider that there are very few circumstances where the draft indemnity would act in favour of the Council. The solicitors have advised that the draft indemnity would not apply to the Council where the good faith defence is available under section 145B of the EP&A Act.

Notwithstanding that the Commonwealth Government has so far refused to sign the Deed of Indemnity, our solicitors advise that a considerable degree of protection is available to Council under section 145B of the EP&A Act and it is reasonably considered that this should not otherwise prevent Council from adopting the draft Dunheved Precinct Plan.

Draft Planning Agreement

The gazettal on 8 July 2005 of the Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2005 has extended the means by which planning authorities may obtain development contributions to be applied for the provision of public amenities and services and for other purposes. Local government now has the capacity to negotiate with developers in order to seek the provision of contributions towards facilities and services within Planning Agreements. This level of legal certainty was not previously available to Councils when negotiating developer agreements.

A draft Outline Development Agreement was lodged with Council in August 2005. However, based on the legal advice we have received, we have considered that the Councils should utilize the new Planning Agreement legislation as the appropriate legal mechanism for the delivery of contributions and services for the Dunheved Precinct.

Council has been specifically requested by Delfin Lend Lease to permit a draft Planning Agreement to be created under Part 3 of the St. Marys Development Agreement that it has entered into with the State Government. Council’s solicitors have provided legal opinion to Council on this matter and have indicated that there would be no disadvantage to Council in following this approach.

A draft St Marys Penrith Planning Agreement has been prepared by the proponent and was submitted to Council in April 2006 following extensive negotiations with Delfin Lend Lease. This draft Planning Agreement supersedes the former draft Outline Development Agreement that was formerly exhibited alongside the draft Dunheved Precinct Plan. A copy of the submitted Schedules to the draft Planning Agreement, as currently amended, appears as Attachment 3.

Council officers and Delfin Lend Lease have negotiated a revised Schedule of Works, the notional value of those works and their timing. In our view, the proposed works now reflects an appropriate level of infrastructure delivery to effectively support the development of the Dunheved Precinct. The summary of the proposed works is as follows:

Schedule 1 – Local Transport Works

(i) Transport Management Study Works

· Werrington Road – between Dunheved Road roundabout and Parkes Avenue roundabout;

· Forrester Road & Links Road intersection;

· Forrester Road & Christie Street intersection;

· Werrington Road & Dunheved Road intersection;

· Christie Street - between Forrester Road Roundabout & South Creek.

(ii) Accelerated Transport Management Works

· Werrington Road – between Dunheved Road roundabout and Parkes Avenue roundabout;

· Werrington Road & Dunheved Road intersection;

· Christie Street - between Forrester Road Roundabout & South Creek.

(iii) Additional Joint Venture Funded Transport Works

· New Road Connection – Christie Street to Links Road (part contribution);

· Links Road Upgrade – Along Dunheved Precinct Frontage;

· Forrester Road Upgrade – Between Ropes Creek and Links Road Roundabout;

· New Footpath along Links Road – between Forrester Road/Links Road Roundabout and Collector Road entrance to Dunheved Precinct;

· Plan Administration Charge for Planning Agreement.

Schedule 2 – Local Open Space Works

· Open space area associated with convenience & retail food outlets;

· Convenience & retail food outlet;

· Bicycle Path.

Schedule 3 – Stormwater Drainage Infrastructure

· Combined water quality basins

Given the expanded content of the negotiated infrastructure now agreed to be delivered, it is considered that Council can endorse the proposed works schedules for inclusion into the draft Planning Agreement. If Council is of a mind to agree to the proposed works, once a response has been received from our solicitors and any necessary amendments made to the provisions within the Agreement, it would then be appropriate for the draft Planning Agreement to proceed to public exhibition. It would be appropriate for Council’s Legal Officer and Environmental Planning Manager to be given delegated authority for finalizing the Planning Agreement for public exhibition.

It is relevant to note that once Council adopts a Precinct Plan, development proposals can be submitted to Council, with the expectation that they will be determined. The legal advice received from Council’s solicitors has recommended that the draft Planning Agreement be finalised, publicly exhibited and duly executed prior to formal adoption by Council of the draft Dunheved Precinct Plan and supporting documentation. This will ensure there is a clear infrastructure delivery mechanism endorsed by Council before Development Applications are required to be determined.

Proposed Dunheved Link Road

Council in its last consideration of the Dunheved Precinct Plan urged that further discussions be held with Delfin Lend Lease and the RTA concerning the most appropriate means to achieve a new link road between the existing Dunheved Estate and Christie Street. Since that time, we have had extensive discussions with these two stakeholders, as well as the convener of the Dunheved Industrial Development Committee. Those discussions have ranged around agreeing on the most appropriate alignment and land take for the proposed road, estimating the cost of the new works and looking at a process for freeing up otherwise land locked or under-utilised land holdings in the immediate area to provide a means for funding the link road construction.

Delfin Lend Lease has submitted to Council a draft Concept Plan for a link road between the Christie Street/Lee Holm Road intersection to a point adjacent to the Dunheved Golf Course. This proposal was recently presented to the Councillor Workshop held on 8 May. The Concept Plan nominates a proposed route and an initial estimate of costings. The proposal has been referred to the RTA who have indicated a preferred intersection geometry with Christie Street. Delfin Lend Lease has been requested to finalise a concept design for the intersection.

The proposal which we see value in moving forward would consider the future development opportunities for in the order of 20 hectares of currently undeveloped land, held in private and public ownership, in the vicinity of Christie Street and the disused ADI rail spur line. The bulk of this land is already zoned 4(a) General Industrial, however, given the individual size, shape and location of these allotments, they have not for practical reasons moved forward for development. It is proposed that the development opportunities in this area be re-examined including the potential reconfiguration of the allotments to facilitate their future development. The benefits of this approach are seen as:

· Freeing up existing industrial zoned land for economic development;

· Providing a source of funding the proposed link road construction;

· Creating new jobs in addition to those which will emerge in the new Dunheved Precinct on the ADI site;

· Providing a means to enhance the visual appearance and address of the existing Dunheved Industrial Estate and its presentation to the future Werrington Arterial;

· Providing a catalyst for development renewal in the adjoining industrial areas.

The RTA in discussions has indicated support in principle for the proposed Link Road. They have also indicated the importance of ensuring that there are appropriate turning lanes provided at the intersection as well as providing for future bus priorities. The RTA is yet to formally confirm its preparedness to dedicate the Link Road corridor to Council as road, however this is expected soon.

Given that taking the approach outlined above will take some time to advance, we have discussed with Delfin Lend Lease the most appropriate mechanism for moving forward to determine the final design, cost, funding arrangements and delivery mechanism for the Link Road. To that end, Delfin Lend Lease has proposed entering into a Heads of Agreement with Council to delineate a collaborative process for the parties to move forward to establish the Link Road. Delfin Lend Lease has offered to act as project manager to facilitate the investigations and the development of the adjoining land.

The Heads of Agreement is intended to establish a framework for the development of the land and the further assessment, design, approval, funding and construction of the Link Road. It is intended to establish a Project Control Group for the Link Road to advance the project. The objectives of the Project Control Group will be to enable the further assessment, design, approval, funding and construction of the Link Road and to determine the manner of the apportionment of the funding and the relevant benefiting ownerships required to deliver the Link Road.

In our view, this is an appropriate course of action particularly and would effectively delineate responsibilities for a joint approach to delivering the Link Road. A draft of the Heads of Agreement has been recently submitted to Council and is currently being assessed by the Legal Officer. In our view, it would be appropriate for Council to resolve to enter into a suitable Heads of Agreement once the terms of that arrangement have been finalised and the Legal Officer be delegated the authority to endorse the final Agreement.

Management Plans and Strategies

A series of Management Plans and Strategies has been prepared to sit alongside the draft Precinct Plan and draft Development Control Strategy to provide more detailed information and guidelines concerning specific management responses that will be required over time to support the development. Those are outlined in the earlier section titled ‘Assessment of Draft Precinct Plan’.

In discussions with Delfin Lend Lease and Blacktown Council, a number of mostly minor amendments have been agreed to advance to the supporting documents, and are outlined in Attachment 4. These however are yet to be completed.

Council’s solicitors, Phillips Fox, have advised that given there are a number of Management Plans and Strategies which form part of the draft Dunheved Precinct Plan and which are yet to be amended by Delfin Lend Lease, it is not considered prudent for Council to formally adopt the draft Dunheved Precinct Plan at this stage. Council could however, based on the level of agreement reached with Delfin Lend Lease and the amendments now made to the draft Precinct Plan, give consideration to endorsing the draft Precinct Plan in principle, and with a formal approval being subject to the satisfactory execution of the Planning Agreement and the receipt of all necessary amended documents.

Conclusion

The Dunheved Precinct will make a notable contribution to delivering new employment opportunities, not only in relation to the ADI Site development, but also in relation to Council’s aspirations to creating new jobs across the City. It also represents the first phase of implementation of the ADI Employment Strategy within Penrith, which is the vehicle to ensure that Council’s policy of creating new jobs in association with this new urban release area development materialises.

The public submissions made to the exhibition of the draft Dunheved Precinct Plan have been carefully assessed and it is considered that the issues raised have been effectively dealt with in relation to the proposals advanced by Delfin Lend Lease and the amendments made to the draft Precinct Plan.

The submissions received from the State Government authorities have been appropriately addressed and the relevant aspects identified in the report incorporated in the amended draft Precinct Plan. As indicated in the report, issues raised concerning the early provision of bus services will require further addressment by the MoT and it is recommended that we write to that agency to seek their advice as to the appropriate timing for this consideration to occur.

Engineering consultants carried out a detailed flood modelling exercise, and a separate engineering consultant also conducted a peer review process. In our view, the studies carried out demonstrate that the proposed development will have minimal impact on flood levels.

In relation to the funding of management arrangements previously raised by Council, Delfin Lend Lease has agreed to pre-handover periods of 3 years for drainage basins and increased pre-handover periods of 3 years for riparian corridors and bioretention swales for this site. Delfin Lend Lease has also agreed to increase the proposed contract maintenance period for bushland and woodland from 6-12 months. In our view, this is an appropriate outcome.

Despite our endeavours to obtain a signed Deed of Indemnity from the Commonwealth Government in relation to the past contamination of parts of the ADI site, Council’s solicitors have advised that the draft Indemnity is of limited scope and may not provide for any substantial protection in addition to that now provided by the changes to the Environmental Planning and Assessment legislation. Both Council’s solicitors and the Legal Officer have advised that it is reasonable to consider Council should not be prevented from adopting the draft Dunheved Precinct Plan in the absence of obtaining the Indemnity.

Extensive negotiations have been held with Delfin Lend Lease to arrive at an agreed schedule of infrastructure works required to support the development of the Dunheved Precinct. Those works include measures which would be immediately required as a result of development occurring in this Precinct, as well as the implications created from Blacktown Council endorsing the development of the Eastern (Ropes Crossing) Precinct. In addition, Delfin Lend Lease has agreed to accelerate a number of road works that would be more relevant to support the development of the Western and Central Precincts yet to be released, but for which there is advantage in bringing forward in order to support the development of the Dunheved Precinct. Accordingly, it is recommended that Council endorse the works schedules attached to the report as the basis of the draft Planning Agreement to be publicly exhibited in accordance with the provisions of the Environmental Planning and Assessment Act.

In relation to advancing the establishment of a new Link Road between the existing Dunheved Industrial Estate and Christie Street, a mechanism to move forward has been negotiated with Delfin Lend Lease and it is recommended that Council enter into a suitable Heads of Agreement to provide the means for a collaborative approach to be pursued to the design and delivery of the new Link Road.

Given the current status of the advancement of the proposed Planning Agreement and the need to have revisions of all documents supporting the draft Precinct Plan finalised, it is not considered appropriate for Council to formally adopt the Precinct Plan at this stage. However, in order to provide some clarity for the proponent so that they may commence consideration of the next development phase for the Dunheved Precinct, it is relevant for Council to indicate that it is fundamentally satisfied with the outcomes reached to-date. Accordingly, it is recommended Council provide in principle support for the draft Dunheved Precinct Plan.

A further report will be presented to Council following the exhibition of the draft Planning Agreement and receipt of the revised draft Precinct Plan and supporting documentation. This would allow consideration by Council of the formal adoption of the Dunheved Precinct Plan and the related Planning Agreement to be executed concurrently.

RECOMMENDATION

That:

1. The information contained in the report on ADI Site - Draft Dunheved Precinct Plan & Draft Planning Agreement be received.

2. Council endorse in principle the draft Dunheved Precinct Plan submitted by Delfin Lend Lease, with the amendments as agreed to by the proponent outlined in the report and in the attachments.

3. A further report be presented to Council following the exhibition of the draft Planning Agreement and receipt of the revised draft Precinct Plan and supporting documentation for consideration of the formal adoption of the two documents.

4. Council endorse the proposed works schedules included in the Attachments to this report for their inclusion in the draft Planning Agreement.

5. Council publicly exhibit the draft Planning Agreement in accordance with the provisions of the Environmental Planning & Assessment Act, 1979 and Regulations and authorise the Legal Officer and Environmental Planning Manager to finalise the content of the draft Planning Agreement prior to the formal public exhibition process.

6. Council enter into a Heads of Agreement with Delfin Lend Lease regarding the advancement of the proposed Link Road between the Dunheved Industrial Area and Christie Street and that the General Manager be authorised to execute the Agreement.

7. Council write to the Ministry of Transport to confirm the appropriate approach and timing for the delivery of bus services in the Dunheved Precinct and the Dunheved Business Park

8. Delfin Lend Lease be advised of Council’s decision.

ATTACHMENTS/APPENDICES

1.	ADI Precinct Map	1 Page	Appendix
2.	Dunheved Precinct Framework Plan	1 Page	Appendix
3.	Assessment of Submissions	7 Pages	Attachment
4.	Key Amendments to Draft Dunheved Precinct Plan	2 Pages	Attachment
5.	Schedules for Draft Planning Agreement	4 Pages	Attachment
6.	Amendments to Management Plans and Strategies	3 Pages	Attachment

Attachment 1

Assessment of Submissions – ADI Dunheved Precinct Plan

Individual submissions

Two individual submissions have been received. Both submissions object to the draft Plan.

Issues raised – Submission 1:-

· The filling of land will present a threat to upstream localities. South Creek and Ropes Creek have always flowed through the site unimpeded. The filling of the floodplain will impede the flow and the result will be massive upstream flooding.

Comments:-

· Flood modelling has been carried out to investigate the impact of filling of part of the floodplain and to determine what flood mitigation measures should be introduced to ensure that the proposed development only results in ‘minimal’ flood impact. The flood modelling has demonstrated that if all proposed ameliorative measures are implemented, there will only be ‘minimal’ increases in flood level upstream of the site of 37mm and downstream of the site 11 mm. Council staff are satisfied with these results. This matter will be assessed in more detail later in this report.

Issues raised – Submission 2:-

· The Biodiversity Assessment Report is grossly inadequate. The site has a high representation floristically of species for a remnant on the Cumberland Plain.

*Ordinary Meeting*	*11 December 2006*
*Appendix 1 - St Marys Development Precinct Plan*

*Ordinary Meeting*	*11 December 2006*
*Appendix 2 - Dunheved Precinct Framework Plan*

1.	Indeep International EOI for Arthur Neave Tennis	12 Pages	Attachment
2.	Ken Gates EOI for Arthur Neave Tennis	2 Pages	Attachment

*Ordinary Meeting*	*11 December 2006*
*Appendix 1 - Biographical Information - George Dodds*

*Ordinary Meeting*	*11 December 2006*
*The City in its Environment*

*Ordinary Meeting*	*11 December 2006*
*Appendix 1 - Claremont Meadows Drainage Basin Location*

*Ordinary Meeting*	*11 December 2006*
*Appendix 1 - ES 002 Policy on Decision Making Arrangements*

*Ordinary Meeting*	*11 December 2006*
*Appendix 1 - Summary of Investments*

*Ordinary Meeting - Urgent Report*	*11 December 2006*
*The City in its Environment*