28 February 2007

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 5 March 2007 at 7:30pm.

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

Yours Faithfully

 

 

Alan Travers

General Manager

 

BUSINESS

 

1.           APOLOGIES

 

2.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Steve Simat - 26 February 2007 to 8 March 2007 inclusive.

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 12 February 2007.

 

4.           DECLARATIONS OF INTEREST

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

Non-Pecuniary Interest

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Policy Review Committee Meeting - 19 February 2007.

 

9.           MASTER PROGRAM REPORTS

 

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

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE



ORDINARY MEETING

 

Monday 5 March 2007

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

master program reports

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 


 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 


 


Council Chambers Seating Arrangements

 

 

 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Text Box: Press

Managers                          

 
   


 


 

 

 

 

 

 

 

MEETING CALENDAR

March 2007 - December 2007

 

 

TIME

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Ordinary Meetings

7.30 pm

5

 

 

 

2

 

3ü

 

 

 

26

23

14v

18*

23

13

24^

29

19

10

Policy Review Committee

7.30 pm

12

2@

 

4

9

 

10

 

 

3

 

30

21#

 

30

20#+

 

8@

5#

 

 

#    Meetings at which the Management Plan ¼ly  reviews are presented.

^     Election of Mayor/Deputy Mayor [only business]

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

@   Strategic Program progress reports [only business]

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

ü    Meeting at which the 2006/2007 Annual Statements are presented

*     Meeting at which the Management Plan for 2007/2008 is adopted

 

 

-                 Council’s Ordinary Meetings are held on a three-week cycle where practicable.

-                 Extraordinary Meetings are held as required.

-                 Policy Review Meetings are held on a three-week cycle where practicable.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).  All meetings start at 7:30pm.

-                 Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 47327649


 

 

 

 

 

 

 

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 12 FEBRUARY 2007 AT 7:35PM

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 Checkly.

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived at 7:54 pm), Lexie Cettolin, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat (arrived at 7:42 pm), and John Thain.

 

APOLOGIES

1  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that apologies be accepted for Councillors David Bradbury, Kevin Crameri OAM, and Steve Simat.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 11 December 2006

2  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Garry Rumble that the minutes of the Ordinary Meeting of 11 December 2006 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Susan Page declared a non-pecuniary interest in Item 30 - 2007 Australian Local Government Women's Association NSW Annual Conference, as she is President of the Australian Local Government Women’s Association and reserved her right to take part in discussion and voting on this matter.

 

Councillor Jim Aitken OAM declared a pecuniary interest in Item 17 - 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 is the owner of property in the vicinity of this location.  Councillor Aitken declared 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 non-pecuniary interest in Item 6 of the Committee of the Whole - Legal Matter - Penrith Whitewater Stadium as he is Chairman of Westpool, Chairman of the Board of Penrith Whitewater Stadium and is also a witness in the matter.

 

Councillor Lexie Cettolin declared a pecuniary interest in Item 29 - Development Applications Determined during the Council's Christmas Recess, as she is the applicant in the Development Application the subject of this report.  Councillor Cettolin announced that she would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

 

SUSPENSION OF STANDING ORDERS

3  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:41 pm.

 

Ms Gladys Reed

Item 17 -  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 FOR the Recommendation

 

Ms Reed was speaking on behalf of the Penrith City Centre Association, in support of the recommendation.  Ms Reed stated that the Association is a non-profit organisation that supports  small retail businesses in close proximity to the proposed site of the markets, and that the Association views the markets as an opportunity to attract shoppers to that retail area, who would otherwise not frequent that part of the shopping precinct.

 

Ms Reed noted that this site has particular merit as shoppers would have to park on the perimeter of the retail precinct and walk through it to the markets, and that there is already a suitable block of toilets, in Allen Place, to service the markets.  Ms Reed also stated that the Association’s petition, which was circulated to retail business owners in the area, met with general support for the markets to be held in this location.

 

Councillor Steve Simat arrived at the meeting, the time being 7:42 pm.

 

RESUMPTION OF STANDING ORDERS

4  RESOLVED on the MOTION of Councillor Susan Page seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 7:50 pm.

 

 


 

Reports of Committees

 

1        Report and Recommendations of the Disability Access Committee Meeting held on 2 August 2006                                                                                                                                     

5  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Susan Page that the recommendations contained in the Report and Recommendations of the Disability Access Committee meeting held on 6 December, 2006 be adopted.

 

2        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 7 December 2006                                                                                                   

6  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Susan Page that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 7 December, 2006 be adopted.

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 5 February 2007                                                                                                                                     

7  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Susan Page that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 February, 2007 be adopted.

 

MASTER PROGRAM REPORTS

 

Councillor David Bradbury arrived at the meeting, the time being 7:54 pm.

 

The City in its Broader Context

 

1        UWS Railway Station Proposal                                                                                         

8  RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor Greg Davies

That:

1.     The information contained in the report on UWS Railway Station Proposal be received.

2.     Council seek urgent representations with the Local State Members for the WELL Precinct, the Minister for Planning, and the Minister for Transport, seeking for the Government to again confirm and action its previous commitments made to the building of the UWS Railway Station.

 

 

 

 

 

 

 

 

 

 

The City as a Social Place

 

2        Youth Week 2007                                                                                                               

9  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Youth Week 2007 be received.

2.     Council approve the following amounts as proposed in this report:

·    Neighbourhood Development Team Erskine Park Inc

   $855

·    SPYNS inc.

 $3,871

·    Youth Week 2007 promotional material

$274

 

3        Seniors Week 2007                                                                                                            

10  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Seniors Week 2007 be received.

2.     Council provide Seniors Week grants to the value of $6,500 to nine local community organisations to celebrate Seniors Week 2007, as outlined in the report.

 

4        Community Assistance Program 2006-07 Rolling Component                                        

11  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

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

2.     Council approve a grant of $1,000, under the rolling component of the 2006-07 Community Assistance Program, to the Penrith Women’s Health Centre Inc to promote the involvement of local women in the 2007 International  Women’s Day Wellbeing activities and a major celebration event to be held on 8 March at St Marys.

 

5        Child Care Links Project Extension                                                                                  

12  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Child Care Links Project Extension be received.

2.     Council accept the grant offered in the amount of $143.700 for an extension of this project to 30 June 2008.

 

6        NSW Pre-School Investment and Reform Plan - Viability Funding                                 

13  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on NSW Pre-School Investment and Reform Plan - Viability Funding be received.

2.     Council accept recurrent funding in the amount of $102,485 offered under the NSW Pre-school Investment and Reform Plan Viability Funding.

 

8        St Davids Church Llandilo                                                                                                 

14  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on St Davids Church Llandilo be received.

2.     Council agree that the loan be extended for a further six (6) months to 5 May 2007.

3.     Interest be calculated, using the 90 day bank bill swap rate, on the amount outstanding on the last day of the quarter in arrears.

4.     The Llandilo Hall Committee Inc be advised of Council’s decision.

 

10      Victoria Street Community Cottage - Expansion of Werrington Occasional Child Care Integrated Service Outcomes                                                                                            

15  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Victoria Street Community Cottage - Expansion of Werrington Occasional Child Care Integrated Service Outcomes be received.

2.     Werrington Community Project Inc be advised that Council supports the relocation of its expanded service to Arthur Neave Hall but the required building alterations cannot be funded from the current budget.

 

 

 

 

 

 

 

 

12      Extensions & Alterations to Claremont Meadows Community Centre - 172-180 Sunflower Drive Claremont Meadows - Tender 18-06/07                                                                 

16  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.      The information contained in the report on Extensions & Alterations to Claremont Meadows Community Centre - 172-180 Sunflower Drive Claremont Meadows - Tender 18-06/07 be received.

2.      Council accept the tender of Onyx Building & Maintenance Services in the amount of $299 471 for extensions and alterations to Claremont Meadows Community Centre.

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

 

13      Revised 2006/2007 Parks Improvement Program                                                            

17  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Revised 2006/2007 Parks Improvement Program be received.

2.     The 2006/2007 Parks Improvement Program be amended as detailed in this report.

 

14      Erskine Park Employment Area  - Re-naming of the Estate                                           

18  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Erskine Park Employment Area  - Re-naming of the Estate be received.

2.     Council endorse “Erskine Business Park” as the new name for Council’s principal employment estate.

3.     Council formally notify the Chamber of Commerce, all landowners within the Erskine Park Employment Area, State Government agencies, adjoining councils and other relevant persons of its decision.

4.     Council consult with the NSW Roads and Traffic Authority to coordinate the installation of directional signage at the M4 off-ramps for Erskine Park Road and Mamre Road.

 

 

 

 

 

15      Update of activities undertaken by the Development Services Department - Second Quarter 2006/2007                                                                                                                            

19  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the information contained in the report on Update of activities undertaken by the Development Services Department - Second Quarter 2006/2007 be received.

 

16      Variation of Restrictive Covenant applying to Lot 117 & 118 DP 1088137 (No. 18 & 20) Heaton Avenue, Claremont Meadows. Applicant: Allam Homes Pty Limited;  Owner: Danallam Developments Pty Limited                                      DA06/1827 & DA06/1828

20  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Variation of Restrictive Covenant applying to Lot 117 & 118 DP 1088137 (No. 18 & 20) Heaton Avenue, Claremont Meadows be received

2.     The terms outlined in the restriction on the use of land fourthly referred to in the Section 88b Instrument of the Conveyancing Act 1919 applying to Lots 117 & 118 DP 1088137 (No. 18 & 20) Heaton Avenue, Claremont Meadows be varied as detailed in the report

3.     The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the covenant

4.     The development applications DA06/1827 & DA06/1828 for a Two Storey Dwelling at Lots 117 & 118 DP 1088137 (No. 18 & 20) Heaton Avenue, Claremont Meadows, be approved, subject to the following conditions:

Standard Conditions

 4.1      A001 – Approved Plans

A008 – Works to BCA requirements

A009 – Residential Works DCP

A020 – Use of building

A043 – Air conditioning

D001 – Erosion and sediment control measures

D007 – Filling of Land

D009 – Coverage of waste storage areas

D010 – Waste disposal

E001 – BCA compliance

E005 – Smoke alarms

F006 – Water tank and nuisance

G005 – Rainwater tank plumbing

H01F – Stamped plans and erection of site notice

H002 – All forms of construction

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slabs/Footings

H015 – Termite control

H022 – Survey

H030 – Roof finishes

H036-H039 – Rainwater tank

H041 – Hours of work

I003 – Road Act condition

K016 -  Stormwater

L008 – Tree preservation order

Q01F – Notice of commencement and appointment of PCA

Q05F – Occupation certificate

Q010 – BASIX commitments

Special Conditions

4.2     Prior to the issue of the Construction Certificate for the development, the variation of the restriction on the use of land fourthly referred to, in the Section 88B Instrument attached to Deposited Plan 1088137 shall be registered with Department of Lands

The variation to the covenant shall be in the terms approved by Penrith City Council in the documentation submitted in support of the development application

 

4.3     An appropriately qualified acoustic consultant is to provide a report on noise attenuation/construction measures required to achieve the noise abatement criteria detailed in Clause 15 of Penrith Local Environmental Plan No. 96. These measures are to be incorporated into the design and construction of the development and are to be shown on plans accompanying the Construction Certificate application. A certificate is to be obtained from an appropriately qualified acoustic consultant certifying that the building has been constructed to meet the noise abatement criteria. This certificate is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate

 

4.4 The dwelling shall be constructed in accordance with the provisions of the "Planning for Bushfire Protection" December 2001, and to a Level 1 construction under AS3959-1999 "Construction of buildings in bushfire-prone area". Furthermore, roofing shall have leafless guttering and valleys are to be screened to prevent the build-up of flammable material

 

4.5 The applicant is advised to consult with adjoining property owners prior to the erection of any dividing fence.

 

7        Affordability of Child Care                                                                                                 

Councillor Mark Davies left the meeting, the time being 8:08 pm.

Councillor Mark Davies returned to the meeting, the time being 8:09 pm.

21  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Susan Page

          That:

1.      The information contained in the report on Affordability of Child Care be received.

2.      Council write to the Federal Minister regarding the increase in the regulatory burden that has been imposed on child care providers, seeking:

(a)                                                                            direct financial assistance to provide relief from the regulatory burden imposed on child care providers; and

(b)  a commitment to reducing the financial burden of excessive regulation  on child care providers.

3.      Council support an extension of the legislated period of maternity/paternity leave from 1 to 2 years.

4.      A further report be provided, suggesting appropriate motions to give effect to items 2 and 3 above, that can be placed on the agenda at the next Local Government Association Conference.

5.      Consideration be given to reconstituting the Children’s Services Working Party.

 

9        Kingswood Park Community Centre - Request for Change of Name and Retirement of Rodger MacDonald                                                                                                            

22  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler

That:

1.     The information contained in the report on Kingswood Park Community Centre – Request for Change of Name and Retirement of Rodger MacDonald be received.

2.     The retirement of Rodger MacDonald be received and a letter of appreciation be forwarded from the Mayor to Mr MacDonald.

 

 

 

 

 

 

 

11      North Ward Skate Facility                                                                                                 

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

That:

1.     The information contained in the report on North Ward Skate Facility be received.

2.     Council endorse the Sherringham Reserve site as the preferred location for a skate park.

3.     Consultation with key stakeholders, interested parties and potential users be undertaken.

4.     A further report to be submitted to Council, at the end of the consultation process, providing feedback from the community concerning the Sherringham Reserve site.

 

Having previously declared an interest in Item 17, Councillor Jim Aitken OAM left the meeting, the time being 8:16 pm.

 

17      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       

24  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Susan Page

That:

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

2.     The subject Development Application be approved, subject to the imposition of the following conditions:

Standard Conditions

2.1       A001 – Plans – Site Plan Prepared By Cityscape Planning + Projects

A012 – Food Shops

A040 – Place Of Public Entertainment – Section 68

D009 – Covering Waste Area

D010 – Appropriate Disposal

D015 – Emergency Plan

E006 – Disabled Access And Facilities –Operational Management Plan

E007 – Shade Areas In Public Places – Operational Management Plan

F002 – Temporary Food Outlets

F003 – Meat Retail

L007 – Tree Protection

L008 – No Trees To Be Removed

L012 – Existing To Be Maintained

Q006 – Occupation Certificate (Class 2-9)

Special Conditions

2.2     This Development Consent is limited to a period of two (2) years from the date of notice or until such time that the lease agreement negotiated with the applicant and Council expires, which ever occurs first.

2.3.    The proposed community market shall be restricted to the retail sale of goods only. Under no circumstances, shall the sale of animals be permitted at the site at any one time.

2.4     The proposed community market shall operate on a weekly basis for a maximum duration of six (6) months from the first date of operation of the community market. Any alteration to this arrangement will require the further approval of Council.

2.6     The maximum number of market stalls permitted at the site at any one time shall be restricted to 110 stalls.

2.7     The installation of all traffic control measures including temporary physical barriers shall not commence prior to 5:00am, Sunday. Individual market stalls may commence setup from 6:00am, however under no circumstances shall market trading commence prior to 8:00am. All market trading shall cease by 2:00pm and ensure that existing traffic arrangements recommence by 3:00pm.

2.8     All market trading shall be contained within the designated parking areas only. Existing vehicular access at Allen Place and the southern perimeter road of Edward Place shall be unimpeded throughout the duration of each market, so as to enable vehicular access to existing retail and commercial premises addressing Henry and High Streets.

2.9     Prior to the first date of operation of the proposed community market, Council shall be informed of the maximum number of all mobile food vending and temporary food stall operators operating at any one time. Each food stall will be subject to inspection up to three (3) times per year to ensure compliance with the associated food legislation at a cost as nominated in Council’s Fees and Charges Schedule.

2.10   Prior to one (1) month from the first date of operation of the proposed community market, all mobile food vending and temporary food stall operators shall register with Council and complete all necessary registration details. Furthermore, all mobile food vending and temporary food stall operators (excluding charity organisations) shall be registered with the NSW Food Authority’s Notification and Food Safety Information System.

2.11   Rear access to the premises at Nos.31-33 Lawson Street, Penrith shall remain unimpeded at all times throughout the duration of each market.

2.12   All waste generated in association with the market shall be cleared from the site on conclusion of each market. Waste removal shall be at no cost to Council.

2.13   An Operational Management Plan shall be submitted to Council prior to the commencement of the proposed community market. This plan shall provide detail regarding the operation of the various aspects of the proposed market. The following details shall include, but not limited to the following:

·    The proposed layout of the entire market area;

·    Procedures for set-up and removal of stalls;

·    Provision of facilities, ie waste bins and toilets;

·    Food stalls and co-location;

·    Emergency Response Plan;

·    Parking and Directional staff postings;

·    Temporary advertising signage; and

·    Accessible parking spaces

·    Security Management.

The plan shall be submitted to and approved to the satisfaction of Council’s Development Services Manager. Any amendments to this plan at any time will require the notification of Council.

2.14   A Traffic Management Plan shall be submitted to, and approved by Council’s Traffic Engineer, prior to the first date of operation of the proposed market.

2.15   Pursuant to Clause 11 of the Penrith Local Environmental Plan 1997 (Penrith City Centre), temporary advertising signage is permitted for the purposes of each market. All temporary advertising signage however shall be permitted only for erection during the course of the day and removed on conclusion of each market. These temporary signs shall be located in areas within the city centre, which must also include directional information for vehicular and pedestrian traffic.

2.16   The applicant is to ensure that their obligations under the Commonwealth Disability Discrimination Act, 1992 have been satisfied prior to the use of the site.

2.17   Noise generated by the proposed market shall ensure that no adverse          impacts will result to the surrounding area. The provisions of the Protection     of the Environment Operations Act 1997 apply to the development, in terms of offensive noise.

2.18   No vehicular access will be permitted to the car-parking ramp to the west of the site from the northern perimeter road at Allen Place.

2.19   The number, type and location of toilet facilities including wash basins are to be adequate to cater for the proposed demand as          determined by Council. Should the proposed facilities not be          adequate, additional portable and accessible toilets are to be provided         in appropriate locations as approved by Council.         

 

3.     Those persons who have made a submission be notified of Council’s resolution.

4.     Council receive a report, after 3 months of operation, reviewing all impacts of the markets.

 

Councillor Jim Aitken OAM returned to the meeting, the time being 8:17 pm.

 

18      Development Application 06/1251 for Community Markets at Lot 8, 9, 10 and 11 DP 23593, Part Lot C DP 38743, Lot 1 DP 653282, Lot 2 DP 658346 (No. 5 - 21) and associated staff parking on Lot 2 DP 115180 and Lot 1 DP 198820 (No.31-35) Gidley Street, St Marys.. Applicant: Cityscape Planning and Projects;  Owner: Penrith City Council  DA06/1251

25  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies

That:

1.     The information contained in the report on Development Application 06/1251 for Community Markets at Lot 8, 9, 10 and 11 DP 23593, Part Lot C DP 38743, Lot 1 DP 653282, Lot 2 DP 658346 (No. 5 - 21) and associated staff parking on Lot 2 DP 115180 and Lot 1 DP 198820 (No.31-35) Gidley Street, St Marys. be received

2.     The information contained in the report on 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 be approved for a maximum period of one year, subject to the attached conditions:

Standard Conditions

2.1       A001 – Site plan only

A007 – Time-limited (1 year)

A026 – Permanent signage

A040 – Place of Public Entertainment (POPE) Application

D009 – Covering Waste Area

D010 – Appropriate disposal of waste

D015 – Emergency Plan

E006 – Disabled access and facilities– Operation Management Plan

E007 – Shade areas in public places

F002 – Temporary food outlets

F003 – Meat retail

K027 – Parking requirements for the site

K032 – Prevention of entry

K033 – Customer parking sign

L007 – Tree protection

L008 – No trees are to be removed

L012 – Existing to be maintained

Q006 – Occupation Certificate (Class 2-9)

 

Special Conditions

2.2       This Development Consent is limited to a period of 1 (one) year from the date of notice or until such time that the lease agreement negotiated with the applicant and Council expires, which ever occurs first

2.3       The proposed community market shall operate a maximum of once-a-week for a maximum duration of six (6) months from the first date of operation of the market

2.4       The maximum number of market stalls permitted at the site at any one time shall be restricted to 70 stalls

2.5       The markets shall operate on Sunday only and shall not commence prior to 9:00 am and shall not operate past 2:00pm

2.6       The installation of all traffic control measures including temporary barriers shall not commence prior to 8:00am. Individual market stalls may commence set up from 8:00am, however under no circumstances shall market trading commence prior to 9:00am. All market trading shall conclude by 2:00pm and ensure that existing traffic arrangements are in place by 3:00pm

2.7       Prior to the first date of operation of the proposed market, Council shall be informed of the maximum number of all mobile food vending and temporary food stall operators operating at any one time. Each food stall will be subject to inspection up to three (3) times per year to ensure compliance with the associated food legislation at a cost as nominated in Council’s Fees and Charges Schedule

2.8       Prior to one (1) month from the first date of operation of the proposed market, all mobile food vending and temporary food stall operators shall register with Council and complete all necessary registration details. Furthermore, all mobile food vending and temporary food stall operators (excluding charity organisations) shall be registered with the NSW Food Authority’s Notification and Food Safety Information System

2.9       All waste associated with the market shall be cleared from the site on conclusion of each market. Waste removal shall be at no cost to Council

2.10     An Operational Management Plan shall be submitted to Council prior to the first date of operation of the proposed market. This plan shall provide detail regarding the operation of the various aspects of the proposed market. The following details shall include, but not limited to the following:

·    The proposed layout of the entire market area

·    Procedures for set-up and removal of stalls

·    Provision of facilities i.e. waste bins, accessible toilets and parking spaces

·    Food stalls and co-location

·    Emergency Response Plan

·    Traffic movements, Parking and Directional staff postings

·    Temporary advertising signage

·    Detailed Waste Management Plan

·    Traffic Management Strategy

·    Security Management

 

The plan shall be submitted to and approved to the satisfaction of Council’s Development Services Manager. 

The applicant/operator of the market facility shall submit three (3) monthly compliance reports in relation to the Operational Management Plan.  Where any non-compliance is identified, immediate action shall be taken to bring the operations of the market into compliance

2.11     The proposed community market shall be restricted to the retail sale of goods only. These goods shall be contained within the stalls at all times

2.12     Under no circumstances shall the sale of animals be permitted

2.13     The applicant is to ensure that their obligations under the Commonwealth Disability Discrimination Act, 1992 have been satisfied prior to the use of the site

2.14     A portable accessible toilet is to be provided for each market event

2.15     The number, type and location of toilet facilities including wash basins are to be adequate to cater for the proposed demand as determined by Council. Should the proposed facilities not be adequate, additional portable and accessible toilets are to be provided in appropriate locations as approved by Council

2.16     The operating noise level of equipment shall not exceed 5dB (A) above the background noise level when measured at the boundaries of the premises. The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise

2.17     Staff associated with the markets are permitted to park their vehicles on Lot 2 DP 115180 and Lot 1 DP 198820 (31-35) Gidley Street only.

3.       Those people making submissions are notified of the determination.

4.     Council receive a report, after 3 months of operation, reviewing all impacts of the markets, particularly parking in surrounding residential streets.

 

35      Andromeda Oval, Cranebrook                                                                                           

26  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler

That:

1.     The information contained in the report on Andromeda Oval, Cranebrook be received.

2.     Council endorses the proposed reconstruction of the playing surface at Andromeda Oval.

3.     Council provide up to $10,000 from North Ward voted works to be used for remediation works at this location.

 

The City In Its Environment

 

20      "Dumping.  It's dumb." Grant Application                                                                       

27  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on "Dumping.  It's dumb." Grant Application be received.

2.     The Waste & Community Protection Manager be authorised to make an application to the Department of Environment & Conservation for a $50,000 “Dumping.  It’s dumb.” regional grant in the terms of this report.

 

22      Participation in the Earth Hour project                                                                             

28  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Participation in the Earth Hour project be received.

2.     Council participate in and promote Earth Hour 2007 in the terms indicated in the report.

 

19      Rehabilitation of a Section of Jamison Creek - Huntington Reserve - Successful Grant Application                                                                                                                          

29  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Rehabilitation of a Section of Jamison Creek - Huntington Reserve - Successful Grant Application be received.

2.     Council accept the grant offered under the Restoration and Rehabilitation Program of the Environmental Trust, as detailed in the report.

3.     A letter be forwarded to the Minister for the Environment, thanking him for the grant.

 

21      Gipps Street Landfill Site - Additional Protection and Safety Works                             

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

That:

1.     The information contained in the report on Gipps Street Landfill Site - Additional Protection and Safety Works be received.

2.     Funding of $20,000 be transferred from the Waste Disposal Reserve to perform the works as detailed within the report.

3.     A further report be provided, detailing the current status of the works, and also the community consultation process involved, in particular what feedback has been provided to the community.

 

The City Supported by Infrastructure

 

23      Tender Reference 15-06/07 - Provision of Pavement Line Marking Services               

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

That:

1.     The information contained in the report on Tender Reference 15-06/07 - Provision of Pavement Line Marking Services be received.

2.     The tender received from Avante Line Marking Services be accepted as the preferred supplier of Pavement Line Marking Services.       

3.     The Director - City Operations be authorised to seek supply of line marking services from the second ranked supplier (Complete Line Marking Services), should the preferred supplier not be able to supply the services within a suitable timeframe, or default in their obligations under the terms of the agreement.

 

 

 

 

 

 

 

 

 

 

 

 

Leadership and Organisation

 

25      Summary of Investments & Banking for the period of 28 November to 31 December 2006   

32  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

 

          That:

 

1.     The information contained in the report on Summary of Investments & Banking for the period of 28 November to 31 December 2006 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 28 November 2006 to 31 December 2006 be noted and accepted.

 

             3.     The graphical investment analysis as at 31 December 2006 be noted.

 

             4.     The Agency Collection Fees information as at 31 December 2006 be noted.

 

26      Summary of Investments & Banking for the period 1 January 2007 to 29 January 2007        

33  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

 

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 January 2007 to 29 January 2007 be received.

 

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2007 to 29 January 2007 be noted and accepted.

 

3.     The graphical investment analysis as at 29 January 2007 be noted.

 

27      2006-2007 Borrowing Program                                                                                          

34  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1.     The information contained in the report on 2006-2007 Borrowing Program be received.

2.     Council borrow the amounts of $6,200,000 on a 10 or 15 year repayment schedule, and $2,301,000 on a 10 year repayment schedule.

3.     The Chief Financial Officer be given delegated authority to negotiate the loans in accordance with this resolution.

 

4.     The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 

28      Amendments to the 2006-2007 Fees & Charges                                                              

35  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1.     The information contained in the report on Amendments to the 2006-2007 Fees & Charges be received.

2.     The amended fees, as advertised, be adopted.

 

33      Council Property - Land Consolidation - Emu Plains Commuter Car Park (North Side).  Owner:  Penrith City Council - Applicant:  Penrith City Council                                     

36  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1.     The information contained in the report on Council Property - Land Consolidation - Emu Plains Commuter Car Park (North Side).  Owner:  Penrith City Council - Applicant:  Penrith City Council be received.

2.     The Common Seal of the Council of the City of Penrith be placed on the linen plan of consolidation that consolidates Lots 1-3 DP 28114 and Lot 102 DP 811003, and also creates an easement to drain water 2.5m wide.

 

34      Council Property - Demolition of cottage located at Number 13 Collins Street, St Marys      

37  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1.     The information contained in the report on Council Property - Demolition of cottage located at Number 13 Collins Street, St Marys be received.

2.     Council agree to the demolition of the existing cottage located at Number 13 Collins Street, St Marys.

 

 

 

 

 

 

 

 

 

36      Application to Minister to Formalise United Independent Pools                                     

38  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Garry Rumble

That:

1.     The information contained in the report on Application to Minister to Formalise United Independent Pools be received.

2.     Council supports an application to the Minister for Local Government under section 358 of the Local Government Act to consent to the formation of United Independent Pools and endorse the existing strategic alliances, Westpool and Metro Pool.

 

 

24      Retirement of Director - City Operations                                                                         

39  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the information contained in the report on Retirement of Director - City Operations be received.

 

Councillor Mark Davies left the meeting, the time being 8:52 pm.

 

Having previously declared an interest in Item 29, Councillor Lexie Cettolin left the meeting, the time being 8:53 pm.

 

29      Development Applications Determined during the Council's Christmas Recess           

40  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the information contained in the report on Development Applications Determined during the Council's Christmas Recess be received.

 

30      2007 Australian Local Government Women's Association NSW Annual Conference   

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

That:

1.     The information contained in the report on 2007 Australian Local Government Women's Association NSW Annual Conference be received.

2.     Council nominate Councillors Susan Page, Jackie Greenow, Karen McKeown, Kaylene Allison and Lexie Cettolin to attend ALGWA’s 54th Annual NSW State Conference, to be held in Lismore from 3 to 6 May 2007, and grant leave of absence as appropriate.

 

Councillor Lexie Cettolin returned to the meeting, the time being 8:55 pm.

 

Councillor Mark Davies returned to the meeting, the time being 8:56 pm.

 

31      2007 ICLEI Local Governments for Sustainability 'Accelerating Now!' Conference    

42  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler

That:

1.     The information contained in the report on 2007 ICLEI Local Governments for Sustainability 'Accelerating Now!' Conference be received.

2.     Councillor Jim Aitken OAM and other available Councillors be authorised to attend the 2007 ICLEI Local Governments for Sustainability 'Accelerating Now!' Conference to be held in Melbourne, from 2-5 May 2007, and these Councillors be granted leave of absence as appropriate.

 

32      Local Government & Shires Associations Tourism Conference 11-13 March 2007 Griffith   

43  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Local Government & Shires Associations Tourism Conference 11-13 March 2007 Griffith be received.

2.     Council approve the attendance of Councillor Garry Rumble, and any other available Councillors, at the LGSA Tourism Conference and related functions and grant leave of absence as appropriate.

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Tench Reserve - Toilet Facilities                                                                             

Councillor Susan Page requested a memo reply concerning the poor condition of the women’s toilets at Tench Reserve and the urgent need to have this remedied.

 

QWN 2      Tench Reserve - Play Equipment                                                                             

Councillor Susan Page requested a memo reply regarding the untidy state of the area near the play equipment at Tench Reserve, on the riverbank.

 

QWN 3      Glenmore Park Skate Park                                                                                      

Councillor Susan Page requested a memo reply to all South Ward Councillors, providing an update on the Glenmore Park Skate Park.

 

QWN 4      Graffiti - Glenmore Park High School                                                                     

Councillor Susan Page requested a memo reply concerning the graffiti covering the signs surrounding Glenmore Park High School.

 

QWN 5      Development in Mulgoa Road                                                                                 

Councillor Susan Page requested a memo reply detailing the action to be taken to clean up the area of a nearly completed development, next to the terraces at 56/62 Mulgoa Road. 

 

QWN 6      Rubbish in Castlereagh and Derby Streets, Penrith                                               

Councillor Susan Page requested a memo reply concerning bags of rubbish left on Castlereagh Street and the western side of Derby Street, Penrith.

 

QWN 7      Blue Hills Wetland                                                                                                    

Councillor Susan Page requested a memo reply concerning the Blue Hills Wetland, at Monterat Terrace Park as the sand under the grass is now encroaching onto the pathway in piles.

 

QWN 8      Ozwac Charity Ball                                                                                                   

Councillor Greg Davies requested that a total amount of $1,100 be provided, in equal amounts from each Ward’s voted works, to purchase a table at the Ozwac Ball.

44  RESOLVED on the MOTION of Councillor Greg Davies 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 be brought forward and dealt with as a matter of urgency.

 

45 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Susan Page that a total amount of $1,100 be provided, in equal amounts from each Ward’s voted works, to purchase a table at the Ozwac Ball.

 

QWN 9      Emissions from Wood Fired Heaters                                                                       

Councillor Greg Davies requested a report to Council detailing the environmental effects of emissions from wood fired heaters and other fuels, with a view to presenting a motion to the next Local Government Association Conference.

 

QWN 10    Jam Factory Site                                                                                                       

Councillor Greg Davies requested a memo reply to all Councillors, and an urgent report to Council, concerning remediation works to the jam factory site.

 

QWN 11    Penrith District Cricket                                                                                            

Councillor Karen McKeown requested that an amount of $3,000 each from North, South and East Ward voted works be provided for the building of an extra storage shed at Howell Oval for Penrith District Cricket.

 

46  RESOLVED on the MOTION of Councillor Karen McKeown 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.

 

47  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that an amount of $3,000 each from North, South and East Ward voted works be provided for the building of an extra storage shed at Howell Oval for Penrith District Cricket.

 

QWN 12    Townhouse Development - Victoria Street, Werrington                                         

Councillor John Thain requested an investigation take place into environmental practices at the site of a townhouse development in Victoria Street, Werrington in the vicinity of the shops.

 

QWN 13    Traffic Matter - Castlereagh Road Realignment at Cranebrook                          

Councillor Jim Aitken OAM  requested a memo reply and referral to the Local Traffic Committee, concerning the newly realigned section of Castlereagh Road, where there is a right turn into Cranebrook Road, and suggesting that the double lanes be extended further south, as no slip lane has been provided at this turn off.

 

QWN 14    Penrith Railway Station - Bus Stop Seating Area                                                   

Councillor Jim Aitken OAM requested a memo reply concerning the poor condition of the bus stop seating area at Penrith Railway Station.

 

QWN 15    Leave of Absence                                                                                                     

Councillor Steve Simat requested leave of absence from 26 February 2007 to 8 March 2007 inclusive.

 

48  RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor Jackie Greenow 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.

 

49  RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Steve Simat from 26 February 2007 to 8 March 2007 inclusive.

 

QWN 16    Development in Berkshire Park - Environmental Issues                                       

Councillor Mark Davies requested a memo reply update to all Councillors concerning dust and water run off problems associated with organic fertiliser emanating from the Debco factory in Berkshire Park, and including information as to the hours of operation of this factory.

 

 

 

 

 

QWN 17    South Penrith Library                                                                                               

Councillor Garry Rumble requested a memo reply detailing the floor area of the existing South Penrith Library, and the floor area of the proposed relocation of the library to the new location indicated in the development application submitted for the major alterations to Southlands, and including details of internet facilities to be provided in the new facility, compared with those existing.

 

QWN 18    Leave of Absence                                                                                                     

Councillor Garry Rumble requested leave of absence from 15 February 2007 to 23 February 2007 inclusive.

 

50  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Jackie Greenow 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.

 

51  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Garry Rumble from 15 February 2007 to 23 February 2007 inclusive.

 

QWN 19    Traffic Matter - Castlereagh Road Realignment at Cranebrook                          

Councillor Lexie Cettolin requested an urgent report to Council, concerning the newly realigned section of Castlereagh Road, where there is a right turn into Cranebrook Road.

 

QWN 20    Mamre Road Bridge                                                                                                 

Councillor Jackie Greenow requested that, with regard to the exhibition of the Mamre Road Bridge widening, the signalisation of the intersection of Wilson Street and Lonsdale Street be included in Council’s submission on this matter.

 

QWN 21    Donation to Glenmore Park Carols by Candlelight                                                

Councillor Greg Davies requested that the $2,000 donation in this regard, which was taken from the  Event Management budget, be returned to Event Management from South Ward and North Ward voted works, in the amount of $1,000 each.

 

52  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

 

 

 

 

53  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the $2,000 donation in this regard, which was taken from the  Event Management budget, be returned to Event Management from South Ward and North Ward voted works, in the amount of $1,000 each.

 

Committee of the Whole

 

54  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:13 pm.

 

1        Presence of the Public

 

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

 

City In Its Environment

 

2        Legal Matter - 8 Donohoes Avenue, Mulgoa                                                                   

 

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.

 

 

Leadership and Organisation

 

3        Commercial Matter - Council Property - Lease of Lakeview General Store to Mr W. Wong, located at 3-4 Floribunda Avenue, Glenmore Park                                                          

 

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

 

4        Commercial Matter - Council Property - Suite 9, Allen Arcade, 140-142 Henry Street, Penrith                                                                                                                                             

 

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.

 

5        Commercial Matter - Council Property - Lease of Shop 2, Cranebrook Shopping Centre      

 

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

 

6        Legal Matter - Penrith Whitewater Stadium                                                                    

 

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.

 

City as a Social Place

 

7        Legal Matter - Planning Agreement                                                                                 

 

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.

 

The meeting resumed at 9:42 pm and the General Manager reported that the Committee of the Whole met at 9:13 pm on 12 February 2007, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Legal Matter - 8 Donohoes Avenue, Mulgoa                                                                   

RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler

CW2 That:

1.     The information contained in the report on Legal Matter - 8 Donohoes Avenue, Mulgoa be received.

2.     The action outlined in the report be followed.

 

3        Commercial Matter - Council Property - Lease of Lakeview General Store to Mr W. Wong, located at 3-4 Floribunda Avenue, Glenmore Park.                                                         

RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler

CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Lease of Lakeview General Store to Mr W. Wong, located at 3-4 Floribunda Avenue, Glenmore Park. be received.

2.     Council grant a new five-year Lease to the existing tenant in accordance with the terms and conditions as outlined in the report.

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

 

4        Commercial Matter - Council Property - Suite 9, Allen Arcade, 140-142 Henry Street, Penrith                                                                                                                                             

RECOMMENDED on the MOTION of Councillors Ross Fowler and Greg Davies

CW4 That:

1.     The information contained in the report on Commercial Matter - Council Property - Suite 9, Allen Arcade, 140-142 Henry Street, Penrith be received.

2.     Council grant Master Coaching Penrith a new 5-year lease with a 5-year option over Suite 9 at “Allen Arcade” 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.

 

5        Commercial Matter - Council Property - Lease of Shop 2, Cranebrook Shopping Centre      

RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler

CW5 That:

1.     The information contained in the report on Commercial Matter - Council Property - Lease of Shop 2, Cranebrook Shopping Centre be received.

2.     Council grant Dr Dowsett a new 5-year lease with a 5-year option 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.

 

 

 

 

 

 

 

6        Legal Matter - Penrith Whitewater Stadium                                                                    

RECOMMENDED on the MOTION of Councillors Jim Aitken OAM and Karen McKeown

 

          CW6  That:

 

1.     The information contained in the report on Legal Matter – Penrith Whitewater Stadium be received.

2.     The actions set out in the report be adopted.

 

7        Legal Matter - Planning Agreement                                                                                 

RECOMMENDED on the MOTION of Councillors Greg Davies and Kaylene Allison

CW7 That the information contained in the report on Legal Matter - Planning Agreement be received.

 

ADOPTION OF Committee of the Whole

 

55  RESOLVED on the MOTION of Councillor Ross Fowler 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 9:44 pm.

 

 

 

 

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       


 

Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Policy Review Committee Meeting held 19 February 2007

 

 



Ordinary Meeting

5 March 2007

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 19 February, 2007

 

 

 

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived 7:54pm), Lexie Cettolin, Kevin Crameri OAM, Greg Davies (arrived 7:39pm), Ross Fowler, Jackie Greenow, Karen McKeown, Steve Simat (arrived 7:46pm), and John Thain.

 

APOLOGIES

PRC 1  RECOMMENDED that apologies be accepted for Councillors David Bradbury, Greg Davies, Mark Davies, Susan Page and Steve Simat.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Garry Rumble for the period 15 February 2007 to 23 February 2007 inclusive.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 November 2006

PRC 2  RECOMMENDED that the minutes of the Policy Review Committee Meeting of 13 November 2006 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

Councillor Greg Davies arrived at the meeting, the time being 7:39pm.

 

Councillor Steve Simat arrived at the meeting, the time being 7:46pm.

 

Councillor David Bradbury arrived at the meeting, the time being 7:54pm.

 

Councillor Jim Aitken left the meeting, the time being 8:27pm.

 

Councillor Kevin Crameri left the meeting, the time being 8:36pm.

 

Councillor Jim Aitken returned to the meeting, the time being 8:38pm.

 

Councillor Kevin Crameri returned to the meeting, the time being 8:42pm.

 

Councillor Greg Davies left the meeting, the time being 8:56pm.

 

1        2006-2007 Management Plan - December Quarter Review                                            

PRC 3  RECOMMENDED

That:

1.     The information contained in the report on 2006-2007 Management Plan - December Quarter Review be received

2.     The 2006-2007 Management Plan Review as at 31 December 2006, including the revised estimates identified in the recommended budget, be adopted

3.     The proposed budget reallocations and amendments to tasks detailed in the report be adopted.

 

 

The City as a Social Place

 

Councillor Steve Simat left the meeting, the time being 9:00pm.

 

Councillor Greg Davies returned to the meeting, the time being 9:02pm.

 

Councillor Steve Simat returned to the meeting, the time being 9:18pm.

 

Councillor Jim Aitken left the meeting, the time being 9:23pm.

 

Councillor Jim Aitken returned to the meeting, the time being 9:24pm.

 

2        University of Western Sydney - Contemporary Arts and Performance Programs and Broader Issues                                                                                                                                  

PRC 4 RECOMMENDED

That:

1.      The information contained in the report on University of Western Sydney - Contemporary Arts and Performance Programs and Broader Issues be received

2.      An investigation be carried out into the formation of a Working Party of local Arts representatives and related organisations to determine the needs of the local area and appropriate lobbying actions.

 

3        Urban Release Areas - Status Report                                                                              

PRC 5  RECOMMENDED

That:

1.       The information contained in the report on Urban Release Areas - Status Report be received

2.       Council agree to participate in the National Growth Area Alliance and that a contribution of $10,000 be made available from existing allocated funds for the project.

 

Councillor John Thain left the meeting, the time being 9:34pm.

 

Councillor John Thain returned to the meeting, the time being 9:36pm.

 

 

The City In Its Environment

 

Councillor David Bradbury left the meeting, the time being 9:39pm.

 

4        Creation of an Urban Design Review Panel                                                                     

PRC 6  RECOMMENDED

That:

1.     The information contained in the report on Creation of an Urban Design Review Panel be received

2.     A further report be brought to the Development Regulation Working Party containing more detail on this matter.

 

 

Leadership and Organisation

 

Councillor David Bradbury returned to the meeting, the time being 9:49pm.

 

5        Local Government Directions Papers                                                                               

PRC 7  RECOMMENDED

That:

1.     The information contained in the report on Local Government Directions Papers  be received

2.     A submission be made on these papers in the terms discussed in the report.

 

6        Service Specification Program                                                                                           

PRC 8  RECOMMENDED

That:

1.     The information contained in the report on the Service Specification Program be received.

2.     The specification for the Planning Places Service be adopted.

3.     The specification for the Release Area Planning Service be adopted.

4.     The specification for the Planning Policy Service be adopted.

5.     The specification for the Metropolitan and Regional Planning and Advocacy Service be adopted.

 

 

7        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                       

PRC 9  RECOMMENDED

That:

1.     The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.     The Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be adopted and submitted to the Department of Local Government.

 

8        2007 Local Government Remuneration Tribunal Review                                                

PRC 10  RECOMMENDED

That:

1.     The information contained in the report on 2007 Local Government Remuneration Tribunal Review be received

2.     A submission be made to the Local Government Remuneration Tribunal supporting the Local Government and Shires Association of NSW submission on the review of fees payable to mayors and councillors.

 

There being no further business the Chairperson declared the meeting closed the time being 9:53pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 February, 2007 be adopted.

 

 

 


 

Item                                                                                                                                       Page

 

 

The City in its Broader Context

 

1        Request for sponsorship of the Solar Boat Challenge 2007

 

The City as a Social Place

 

2        ArtsNSW Notification of Funding

 

3        History of Penrith Project - Volume 2

 

4        Naming of a Park in the St Marys/Colyton area

 

5        License agreement with the Penrith Rugby Union Club at Andrews Road

 

6        Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel

 

7        Penrith Valley Community Safety Plan 2007 - 2010

 

8        City Wide Graffiti Minimisation Strategy - Success of funding grant and graffiti removal program update

 

9        Penrith Football Stadium 

 

10      Lease of Arthur Neave Tennis Complex

 

11      Development Application 06/1025 for proposed Multi Unit Housing Development consisting of 44 residential apartments at Lots 4-8, DP 32610, known as 42-50 Union Road, Penrith.. Applicant: Cavasinni Constructions Pty Ltd;  Owner: Cavasinni Constructions Pty Ltd DA06/1025

 

12      Development Application 06/1226 for the proposed construction of 15 Trade Centre Units and 36 Industrial Units and Community Title Subdivision at Lot 1 DP 787827 (No. 2101 - 2113) Castlereagh Road, Penrith. Applicant: Walker Corporation;  Owner: Babcock and Brown Penrith Industrial No. 1 Pty Limited DA06/1226

 

13      Development Application 06/1436 - Recreational Basketball Court including a Variation of Restrictive Covenant applying to Lot 14 DP 270417 (No. 26) Portrush Crescent, Luddenham. Applicant: Mr L Mascioli;  Owner: Mr & Mrs Keskin DA06/1436

 

 

 

 

 

 

The City In Its Environment

 

14      Pesticide Notification Plan

 

15      Drainage Sub-Catchment Prioritisation

 

16      Domestic Waste Contract Tenders

 

17      Non Domestic Waste Contract Tenders

 

URGENT

 

22      Additional Information on the Domestic Waste Contract Tenders

 

The City as an Economy

 

18      Rezoning Application - Penrith Homemaker Centre. Lot 10 DP 1046110 (Nos. 13-23) Pattys Place, Jamisontown. Applicant: Restifa and Partners. Owner: Pivpen Pty Ltd.  RZ07/0001

 

The City Supported by Infrastructure

 

19      Proposed Mamre Road Bridge duplication over the M4 Motorway - Submission

 

Leadership and Organisation

 

20      Department of Local Government Skills Shortages Scholarship Program

 

21      Presentation to Gary Dean

 

 


The City in its Broader Context

 

Item                                                                                                                                       Page

 

1        Request for sponsorship of the Solar Boat Challenge 2007

 

 



Ordinary Meeting

5 March 2007

The City in its Broader Context

 

 

The City in its Broader Context

 

 

1

Request for sponsorship of the Solar Boat Challenge 2007   

 

Compiled by:                Paul Page, City Marketing Supervisor

Authorised by:             Geoff Shuttleworth, Economic Development and City Marketing Manager

Ross Kingsley, Corporate Development Manager   

Strategic Program Term Achievement: A decision has been secured from relevant groups to develop a nominated institution or event that has the status to cause Penrith Valley to be widely recognised locally, throughout the State, nationally and throughout the world.

Critical Action: Identify and work with partners to develop and implement a strategy to secure the selected institution or event.

     

Purpose:

To update Council on plans for the 2007 event and to present the organisers' business plan and request for City Marketing Event Sponsorship.  The report recommends that the request for event sponsorship be approved.

 

Background

This event has been created by Roland Australia DG, which distributes high end computer printers and plotters manufactured by its Japanese parent, as an exercise to promote sustainability and energy efficient design. 

 

In November 2006, the first ‘Australia’s International Solar Boat Challenge’ event was held at the Sydney International Regatta Centre as part of Council’s Activate event.  Council provided sponsorship of $7,000, which was used to buy model boat kits which allowed schools (including some local schools and Condobolin High School) to enter at minimal cost.  The organisers succeeded in attracting over 60 schools to participate at very short notice and a sound basis was created for developing a successful and prestigious event that will contribute to Penrith Valley’s national and international recognition in future years. 

2007 Event

The event will be somewhat larger in 2007 and will not be a part of Activate.  It will involve state finals in NSW, Victoria and South Australia and a National Final.  The NSW Final will be held at the International Regatta Centre on 20 October, and the National Final will also be at the International Regatta Centre on 3 November.  There will also be a number of promotional and training events prior to the state and national finals. 

 

Roland has formed a non profit company, Social Environment and Economic Sustainability Ltd (SEES), to manage the event at arm’s length from the parent company.  SEES provides a flexible structure to attract sponsorships and works with a range of institutions and organisations. 

 

SEES has a long term vision to develop the event to promote sustainability values. It wishes to develop a partnership with Council and to showcase its major events at the International Regatta Centre on an ongoing basis. 

 

SEES is seeking recurrent sponsorship support from Council of $40,000 for the 2007 and 2008 events, and $50,000 for 2009.  It has submitted a business plan, in accordance with Council’s Event Sponsorship Policy, which is attached to this report.

 

The business plan indicates that in 2007, $10,000 of the proposed contribution would be used to subsidise the supply of model boat kits to schools, $10,000 would be used for promotion and marketing, and $20,000 would be used to organise a ‘Sustainability Expo’ to be held in conjunction with the SIRC events. 

 

The business plan meets the requirements of the policy and it is recommended that the request be supported.  The funding requested can be met from the City Marketing and Sustainability program budgets and is an appropriate priority for those programs.  Ongoing funding in future years would be subject to the event developing in a satisfactory manner to meet Council’s objectives and policy requirements.

Comment by Corporate Development Manager

Council’s Strategic Program calls for leadership in and promotion of strategies that encourage energy conservation and combat the greenhouse effect. A particular task in the current Management Plan is to improve our knowledge of, and engage the City’s communities in, initiatives that encourage the use of energy from sustainable sources. A range of measures are being undertaken to pursue this.

 

The Solar Boat Challenge initiative from SEES has the potential to establish, in partnership with Council, the Regatta Centre and other sponsors, a major annual sustainability event for the City. The focus on the participation of schools (while allowing also for hobbyists, tertiary institutions and corporate participation) is particularly appropriate and significant. The initial success of the 2006 event has enabled the Solar Challenge to grow into a stand-alone event. It is hoped that, commencing in 2007, it will, in turn, become the basis for a broader sustainability festival. The organisers intend to devote part of Council’s sponsorship to supporting that purpose.

 

This initiative will also make a major contribution to Council’s commitment (through the 2006 Mayors’ Asia Pacific Environmental Summit) to fostering a ‘Green Events’ standard for the City.

Conclusion

The inaugural Solar Boat Challenge in 2006, despite limited preparation time for its ambitious program and adverse weather conditions, was regarded as extremely successful and feedback to the organisers from all participants was very positive.

 

The SEES business plan for 2007 demonstrates that the event is intended to grow dynamically and become of ongoing national and international prestige. With its major events based at Penrith Lakes, it will attract visitors from outside the City and coverage in national media.  It is believed that this will be an investment in the future of a worthwhile event that will be of ongoing benefit to the City, as well as supporting our sustainability objectives.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for sponsorship of the Solar Boat Challenge 2007 be received.

2.     The request for sponsorship of the Solar Boat Challenge of $40,000 in 2007 and 2008, and $50,000 in 2009, be approved as outlined in the report.

 

ATTACHMENTS/APPENDICES

1.  

Solar Boat Sponsorship Business Plan 2007

11 Pages

Attachment

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City as a Social Place

 

Item                                                                                                                                       Page

 

2        ArtsNSW Notification of Funding

 

3        History of Penrith Project - Volume 2

 

4        Naming of a Park in the St Marys/Colyton area

 

5        License agreement with the Penrith Rugby Union Club at Andrews Road

 

6        Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel

 

7        Penrith Valley Community Safety Plan 2007 - 2010

 

8        City Wide Graffiti Minimisation Strategy - Success of funding grant and graffiti removal program update

 

9        Penrith Football Stadium 

 

10      Lease of Arthur Neave Tennis Complex

 

11      Development Application 06/1025 for proposed Multi Unit Housing Development consisting of 44 residential apartments at Lots 4-8, DP 32610, known as 42-50 Union Road, Penrith.. Applicant: Cavasinni Constructions Pty Ltd;  Owner: Cavasinni Constructions Pty Ltd DA06/1025

 

12      Development Application 06/1226 for the proposed construction of 15 Trade Centre Units and 36 Industrial Units and Community Title Subdivision at Lot 1 DP 787827 (No. 2101 - 2113) Castlereagh Road, Penrith. Applicant: Walker Corporation;  Owner: Babcock and Brown Penrith Industrial No. 1 Pty Limited DA06/1226

 

13      Development Application 06/1436 - Recreational Basketball Court including a Variation of Restrictive Covenant applying to Lot 14 DP 270417 (No. 26) Portrush Crescent, Luddenham. Applicant: Mr L Mascioli;  Owner: Mr & Mrs Keskin DA06/1436

 

 



Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

2

ArtsNSW Notification of Funding   

 

Compiled by:                Jeni Pollard, Neighbourhood Renewal Coordinator

Authorised by:             Erich Weller, Community Development Manager   

Strategic Program Term Achievement: The City is widely recognised as a centre of cultural diversity, excellence and access.

Critical Action: Integrate and implement the strategies of the City-wide cultural planning framework.

     

Purpose:

To inform Council of an offer of funding from ArtsNSW to Penrith City Council towards a Cultural Development Officer position.  The report recommends that Council enter into a triennial funding agreement with ArtNSW as a contribution for the position. It also recommends that the allocation of Council funding for the position be addressed in the March quarter review of the 2006/07 Management Plan.

 

Background

On 13 February, Council received notice from ArtsNSW that the Minister for the Arts, the Hon Bob Debus MP, had approved a grant under the 2007 Western Sydney Arts Strategy to Penrith Council. This grant of $49,739 is a contribution to the position of Cultural Development Officer – City, and represents Year 1 of a triennial funding (2007 -2009) offer.

 

Council endorsed submitting an application to ArtsNSW for a contribution of funds for a Cultural Development Officer – City in September 2005. This application was unsuccessful, but advice from staff at ArtsNSW indicated that the project had merit, and encouraged Council to reapply for the next round of funding in June 2006. Council officers used the opportunity of the State Cabinet visit in May 2006 to make representations to the Minister for the Arts, in relation to Council’s application that was resubmitted in June 2006.

 

The Cultural Development Officer – City will complement the Cultural Development Officer – Local position that was funded by Council as a component of the AREAS special rate initiative. The Cultural Development Officer – City will undertake partnership development with the key regional cultural organisations, and develop policy and procedures that supports place making and magnetic places in the CBD and other iconic places of City-wide importance, such as the Penrith Valley Cultural Precinct, Penrith Lakes and the WELL precinct. The Cultural Development Officer – City will facilitate activities and policy that informs the future development of Penrith as a regional city, as well as co-ordinating the implementation of the draft Cultural Development Action Plan.

 

The Cultural Development Action Plan

Cultural planning and development is underpinned by the principle that culture is central to all facets of life, and is integral to how people relate to the communities that they live in and the liveability of those communities. The benefits of effective cultural development and programs include increased community pride and encourage a sense of belonging. Local government is ideally placed to undertake this work, being the level of government that is more attuned to the strengths and aspirations of the community.

 

A report on the progress of the Penrith City Cultural Framework and draft Cultural Development Action Plan was presented to CMT in December 2006.  The Framework, articulated and consistent with the goals and term achievements of Council’s Strategic Program, provides the context for the Action Plan.  CMT has requested some further work on the draft Action Plan to ensure cross-organisational focus is brought to the implementation schedule.

 

Many of the activities outlined in the draft Cultural Development Action Plan are underway.  This includes the Cultural Development component of the AREAS special rate initiative. A progress report on the AREAS initiative was presented to Council as a part of the December quarter Management Plan Progress Review on 19 February 2007.  The Action Plan also includes the incorporation of a number of cultural development initiatives that are featured in the Penrith City Centre and St Marys Town Centre Strategies adopted by Council in August 2006.  A report, seeking Council’s endorsement of the Penrith City Cultural Framework and the draft Cultural Development Action Plan, is scheduled for an upcoming Policy and Review meeting.

 

One of the key recommendations of the draft Cultural Development Action Plan is to seek funding opportunities for the employment of skilled and suitably qualified Cultural Development staff, to provide strategic direction and co-ordination to Council’s cultural development priorities. This will support the realisation of many of the longer term goals and term achievements established by Council in the current Strategic Plan, including Issue 2: Penrith City Centre’s Metropolitan Role, Issue 3: St Mary’s Regional Role, Issue 8: Cultural Development and Issue 12: Magnetic Places.

Funding Proposal

The triennial funding arrangement is based on a funding formula of a 50% contribution towards salary and on-costs in the first year ($49,739), 40% in the second year, and 30% in the third and final year.  Thus if Council accepts the offer Council will be requested to contribute matching funds.  The Financial Services Manager has provided comments below.

 

The contribution from ArtsNSW has a number of special conditions attached, including that the grant will principally be used for the position holder’s professional salary and on costs, and that the position is to be fully funded by Penrith City Council at the conclusion of the triennial agreement. Council cannot guarantee indefinite funding for this position, without opportunities for review from time to time, according to the need to reallocate resources as required. However, the funding agreement requires that Council make a long term commitment to the position.

 

It is proposed that Council accept the grant offer and sign the triennial funding agreement.

Comment from the Financial Services Manager

Funding for Council’s contribution to the position for the term of the grant can be met by allocating a portion of the current year’s surplus to the Grants Reserve.  The total cost of the position will be confirmed when the position is graded within Council’s salary system however the commitment from Council in the first year is likely to be in the vicinity of $50,000 and will increase in years two and three as the grant funding decreases.  If Council endorse the ongoing appointment of a Cultural Development Officer – City after the period of the grant then the position will become part of the staff establishment and funds will be allocated accordingly.

 

Summary

The offer of a three year funding contribution from ArtsNSW will assist Council in the creation of the substantive position of Cultural Development Officer – City.  Cultural Development programs and initiatives are critical to placemaking and enhancing the liveability of Penrith as a regional city. 

 

The position will contribute to the vitality of the Penrith Valley Cultural Precinct at St Marys as well as assisting Council in realising a number of longer term goals and term achievements, as outlined in the Strategic Plan 2005-2009.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on ArtsNSW Notification of Funding be received.

2.     Council endorse the signing of the triennial funding agreement with ArtsNSW.

3.     Allocation of funding for the position be addressed in the March Quarterly review of the 2006-07 Management Plan.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

3

History of Penrith Project - Volume 2   

 

Compiled by:                Lorraine Stacker, Information Librarian - Research Services

Colin Stevenson, City Librarian - Operations

Authorised by:             Steve Hackett, Director - City Services  

Requested By:             Councillor Pat Sheehy AM

Strategic Program Term Achievement: The City is widely recognised as a centre of cultural diversity, excellence and access.

Critical Action: Deliver quality Library Services responding to the community's needs for information, learning and leisure.

     

Purpose:

To inform Council of the planning stages and costings required to produce Volume 2 of the History of Penrith. These planning stages are required to produce a quality second volume of the History of Penrith, worthy of a region that has such a significant historical background as Penrith City. The report recommends that the information be received.

 

Background

The History of Penrith Project was formally approved by Council in October 1984. The aim of the project was to publish a comprehensive history of the Penrith local government area from settlement to contemporary times. It was envisaged that the history would be written in an analytical style rather than just simply outlining a chronological series of events.

 

When planning for volume one commenced, it was agreed that the Project would be divided into time periods in a multiple volume format, with the initial volume covering human settlement up to 1860, and subsequent volume/s covering the ensuing years to complete the Project. Volume 1 of the History, entitled Dharug and Dungaree: The History of Penrith and St Marys to 1860, was published in 1988.

 

Project objectives

The primary objective of the History of Penrith Project is to produce a second volume of the history of the Penrith local government area, which would follow on from Dharug and Dungaree. The second volume would continue the City’s history forward for at least 100 years (ie up to at least 1960). The Project seeks funding to produce a reputable histor,y that is of interest to people within the City of Penrith and beyond, and to publish and produce a high quality product that will stand the test of time.

 

Funding the Project

In March 2004, outgoing Councillors allocated $45,000 to progress the Project by obtaining background primary source material for Volume 2. These funds provided staff time to research, purchase, assemble and process information not previously held in the Library’s and Council Archives. Examples of information collected included documents outlining the acquisition of land at St Marys for the munitions factory, operations of the munitions factory, soldier settlements after World War One, post office and school histories indicating the socio-economic status of many families in local communities. This material has been processed and indexed for use by researchers on the local area, via the Library’s Local Studies collection.

 

Avenues of further funding, to advance the Project to the next stage, have been investigated by Library staff and Council’s Grants Officer. It has been established that the only sources of grant funding available for these types of projects are of small amounts of less than $5,000.

 

In an attempt to explore other avenues of funding, a 2007/08 Project Bid was submitted for $66,000. This figure is the cost of replacing the Information Librarian for one year, for the preliminary coordination of the Project [up to Phase Three]. This does not include the writing of the manuscript or the publishing costs.

 

The production of a history book is a lengthy and involved process.  Consultations with the Library, Council officers, Councillors, interested individuals and local groups, such as the historical societies, as well as the preparation of briefs for the author and the publisher, will require a timeframe of  2 years.

 

Estimates of the respective phases for a proposed Volume 2 have been researched and are provided below.

 

Phases of the Project: Volume 2

1. Administration of the Project       4 Months                    Estimated Cost: $25,500

[Cost estimate covers part replacement of Information Librarian to coordinate this phase of Project]

1 part time librarian 17.5 hrs per week = $25,449.76

·    Identify a management model for the Project, eg the establishment of an advisory committee to oversee and administer the Project. The committee to consist of community members, councillors and council officers;

·    Appoint a project manager from within Council;

·    Establish a writing brief: which would include expectations of the Project, including the relationship between Council/author/publisher;

·    Determine the timeframe of the work – what would be the start and end date for this volume, eg 1850-1950;

·    Establish what themes and/or special areas of interest needed to be included;

·    Establish where research material is currently located;

·    Undertake a detailed costing of the Project;

·    Obtain approval from Council.

 

2. Selection and Commissioning of an author     6 months      Estimated Cost: $25,500

    Preliminary Research by the author  

[Cost estimate covers part replacement of Information Librarian to coordinate this phase of Project]

1 part time librarian 17.5 hrs per week = $25,449.76

·    Determine who would write the history and any legalities relating to this appointment (ie royalties, paid remuneration etc), including whether or not copyright would remain with Council (print and electronic);

·    It is recommended that a professional historian be appointed, as they have the skills and experience to provide a reputable final product;

·    It would also be expected that the history be written in an analytical style, rather than just chronologically recording the history;

·    The successful historian should have a strong Australian history background, ideally with some familiarity with Penrith LGA or Western Sydney’s history;

·    The successful writer should have experience in writing and publishing historical works;

·    Advisory committee to provide support and guidance for the author;

·    Organising committee to provide a briefing for the writer of the location and breadth of resource material;

·    To establish known sources of resource material, which falls within the time period that is under consideration;

·    Organise a series of community consultations to seek help with ideas and themes for inclusion in the history;

·    Determine community knowledge on particular topics and themes on the City’s history.

 

3. Development of a manuscript    6 months        Estimated cost: $60,000
[Information Librarian’s salary – replace with Librarian 3/1/1 plus higher duties allowance for current staff]

·    The author to write draft manuscript;

·    Frequent meetings of the advisory committee with the author;

·    Critical review of the manuscript by professional historians and/or editors;

·    A more detailed estimate of costs to be prepared at the beginning of this phase.

 

4. Editing and preparing for publication    3 months            Estimated cost: $10,000

·    Submit manuscript for professional editing and proofreading;

·    Arrange for photographs/illustrations to be included. The majority of these would be taken from the Local Studies Collection at Penrith Library. All images will need to be scanned at a high resolution;

·    Proofreading before submission to printers/publishers;

·    A more detailed estimate of costs to be prepared at the beginning of this phase.

 

 

 

5. Publishing                                    2 months               Estimated cost: $30,000

[A detailed quote to be obtained – dependent on quality of paper/binding/number of copies decided upon]

 

·    The Project organising committee would make recommendations to Council regarding the look and style of the history.;

·    There is an opportunity for additional external funding, at this stage, through sponsorship from local businesses or from local individuals. This could be investigated as a source of revenue to assist Council in the costs of the Project. Partnerships between local businesses and Council regularly occur, and this Project is ideally positioned to enhance the cultural bonds between the community and Council. The impact of businesses such as Lend Lease, Panthers and Boral on our history cannot be denied, and their support for a project showcasing the City’s history would be beneficial to the Project, including individual patronage from local business people. These sponsorships would need to be investigated and approached at the highest level in Council in order to obtain the maximum benefit for the project;

·    Determination of the print run – hard cover or soft cover. These decisions would substantially vary the costs of producing the history, including the possible addition of a companion CD with additional images;

·    A publisher would be selected through either a tender process or from a suitable number of quotes;

·    A more detailed estimate of costs to be prepared at the beginning of this phase;

·    Example of costs to publish a paperback history book:

 

Sample quote from Mcphersons Publishing:

·    1,500 copies. $6,435.00 (with GST), unit price: $3.90 (ex GST)

·    A 4, 176 pp

·    Burst bound, cover drawn on and trimmed flush (soft cover).

·    Paper: 115 gsm Impress Matt, Cover: 236 gsm, I.P High yield board.

 

 

6. Official launch          Dec 2008 – Jan 2009              Estimated cost: $5,000

·    Official launch in suitable place which epitomises the City’s history. Launch by the Mayor or other suitable person/historian.

 

Income generation                                                                         

·    Income would be generated through the sales of the book;

·    The amount of income would depend upon the number of copies produced, the cost per copy and the retail price set;

·    Book launch. The book would require a book launch which would attract media attention This would also lead to book sales.

 

Conclusion

There are currently no funds allocated for the completion of this important work. As stated earlier in this report, avenues for further funding to advance the Project to the next stage have been investigated by Library staff and Council’s Grants Officer, with little success (ie relevant grant funding only amounts to less than $5,000).

 

 

 

RECOMMENDATION

That the information contained in the report on History of Penrith Project - Volume 2 be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

4

Naming of a Park in the St Marys/Colyton area   

 

Compiled by:                Wendy Marks, Parks Administration Officer

Authorised by:             Raphael Collins, Parks Construction & Maintenance Manager  

Requested By:             Councillor David Bradbury

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City’s diverse current and future recreation and leisure needs.

     

Purpose:

To seek Council's endorsement for the naming of the park on Lennox Street, Colyton as 'Edward (Ted) Little Park'.  The report recommends that an application be made to the Geographical Names Board for official gazetting.

 

Background

Councillor Bradbury has received a request from the family of the late Edward (Ted) Little, for a park in the St Marys/Colyton area to be named in recognition of his contribution to the local community.  Following discussions with Mr Little’s family, it is proposed to name the at present unnamed park on Lennox Street, Colyton, ’Edward (Ted) Little Park’.

 

The Geographical Names Board (GNB) requires that all naming proposals meet the following criteria:

 

·    The use of a person’s name for park names should normally only be given posthumously

·    The name honours a person who has made an outstanding contribution to the community

·    Council agrees to the proposed name.

 

Once an application for naming is submitted to the GNB, the remaining process involves 10 steps.  One of these includes the public exhibition of the proposed naming.  The entire process takes approximately eight to ten months.

Proposed Name

Mr Edward (Ted) Douglass Little was born on 31 July 1924 at Fivedock, New South Wales.  After service in the armed forces during World War II, Mr Little and his wife Hazel settled in St Marys in the late 1950s.  He purchased a small grocery business and home, situated on the corner of Princess Mary Street and the Great Western Highway. This shop was later sold to the Currie family who turned it into a hardware store.  Mr Little moved with his wife and 4 young children to their current address on Leonard Street, Colyton where they raised 5 more children.  His wife still resides in this home and most of their children still live in the area.

 

Some of his achievements for the district include the following:

 

·    When the Bennett Road public school opened, Mr Little was on the original P&C committee where he helped raise money to purchase much school equipment

·    As more families moved into the area, and especially into Leonard Street, he organised social activities such as cracker nights and get togethers for families in nearby streets.  At Christmas time, he dressed up as Santa and arranged for children to receive presents.  As word spread, this involved moving into other areas in the St Marys district.  As his health deteriorated, Mr Kevin Maley became the local Santa.

·    Through his small business in the area, he became involved with the business community, and his friends included past aldermen of Penrith City Council, Mr King and Mr Murlock

·    He spent many years on the committee of the Oxley Park Soccer Club, selling raffle tickets at the local hotel to raise money for equipment.  He also coached several soccer teams.

·    Mr Little was also involved with the Boy Scouts and Girl Guides.  He was a Scout leader for the 2nd St Marys Boy Scouts and progressed to become an area leader. 

·    He purchased a grocery and butcher business in Oxley Park and helped a group of people involved in the Scottish bagpipes community.  He also became involved with the Colyton High School and had a lasting friendship with the Headmaster, Mr Ross.

 

Ill health eventually forced Mr Little into early retirement from the workforce.  Years later, after many operations, he passed away on 23 December 1989, aged 65yrs, and one day short of 38 years of marriage.

Conclusion

Considering the significant contribution made by Mr Little to the local area over many years, it seems appropriate that the unnamed park on Lennox Street , Colyton is a fitting acknowledgement of his achievements for the community.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of a Park in the St Marys/Colyton area be received.

2.     Council endorse the naming of the park on Lennox Street, Colyton to ‘Edward (Ted) Little Park’ and make application to the Geographical Names Board for the official gazetting.

3.     Following gazettal, an official naming ceremony be held.

 

ATTACHMENTS/APPENDICES

1. View

Location map of proposed park naming in Colyton

1 Page

Appendix

 


Ordinary Meeting

5 March 2007

Appendix 1 - Location map of proposed park naming in Colyton

 

 

 

 


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

5

License agreement with the Penrith Rugby Union Club at Andrews Road    

 

Compiled by:                Raphael Collins, Parks Construction & Maintenance Manager

Stephen Britten, Legal Officer

Authorised by:             David Burns, Director - City Operations   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Facilitate joint use of the City’s recreation and leisure facilities, including co-location of programs.

     

Purpose:

To provide Council with details of the terms of use of Penrith Rugby Union Park by the Penrith Rugby Union Club.  The report recommends that Council enter into a 5 year license agreement according to the terms and conditions as detailed in this report.

 

Background

Penrith Rugby Union Park is the home to the Penrith Rugby Union Club.  The club began in 1965, and in 1979 started playing at the Andrews Road Rugby Union stadium where they have been ever since.

 

In 1982, the club entered into a 20 year lease with Council, which expired in March 2003.  Since then, the club has had tenure of the facility on a month to month basis under the existing lease.  The club wanted to enter into a new lease with Council for the use of the  facility, however discussions about tenure were put on hold while some building improvement works on the pavilion (grandstand) were carried out.

 

Building Improvements

Discussions with Penrith Rugby Club officials have been ongoing, for a number of months, to resolve issues relating to the extension to the building.  In May 2002, Council gave development approval to commence work on the pavilion, however later inspections revealed there were departures from the Development Application conditions.  Essentially, the building did not comply with the Building Code of Australia requirements.  Discussions continued about this.

 

In February 2006, a Construction Certificate for work to complete the pavilion extensions identified the need for fire safety systems before the building could be occupied.  These systems included:

 

·    Emergency lighting

·    Exit signs

·    Fire hydrant system

·    Portable fire extinguishers.

 

In October 2006, a meeting with club officials and Council officers was held, where the remaining building works were identified, together with a timeframe to complete the required work.  The club was unable to meet this timeframe because they had difficulty in acquiring designs for the hydrant system.

 

The matter concerning the building improvements has been ongoing for over two years.  The last remaining item regarding fire safety is nearly resolved, however the club cannot use the building for public events until compliance of the fire systems is achieved.

 

Current Situation

Since the building issues are nearly resolved, the future tenure of the Penrith Rugby Union Club can now be progressed.  The Club wishes to enter into a lease agreement with Council that acknowledges the investment the Club has put into the facility over the last 25 years.  The Penrith Rugby Union Club also wants assurance that they can have continued use of the Park.  Although Council has in the past granted a lease, this is not a usual form of occupation granted to Sporting Clubs, and it has been suggested to Penrith Rugby Union Club that a licence agreement would be more appropriate after discussions with the Legal Officer.  The Club has accepted this position in principle.

 

The terms of the proposed licence agreement are as follows:

 

Area to be licenced:                           Lot 91, D.P 601050 Andrews Road.  The main field within the enclosed perimeter fence.

 

Licence fee:                                       $860.00 per season, which is the same as the floodlit fields in Penrith.

                                                                  

Term of Licence:                               5 years.

 

Maintenance responsibilities:              The agreement will include a list of maintenance activities for the pavilion/grandstand, field and external areas.  A maintenance program for the field will be included in the agreement, defining Council’s and the Club’s maintenance responsibilities.

 

Public Liability:                                  $10 million.

 

Use of Facility by other clubs:            Through negotiations, and providing the field surface has the capacity to accommodate additional use, a separate agreement will need to be prepared for other clubs wishing to use the main field.

 

Water Usage Costs:                          The Penrith Rugby Union Club will pay for all water usage costs for the building and toilets.  Penrith City Council will pay for the reclaimed water used for irrigating the field.

 

 

 

Electricity Usage Costs:                     The Penrith Rugby Union Club will pay for field lighting costs.  Penrith City Council will pay for electricity costs associated with the building.  This is consistent with other Clubs.

 

There have been requests by the Brothers Junior Rugby League Club to hold a number of games at the Rugby Union facility.  Initial indications are that this is 7 times a year (amounting to 35 games).  With proper management of the field this can be accommodated, and this has been discussed with the Penrith Rugby Union Club, who have agreed as long as the field does not deteriorate to a state which makes it inappropriate for the playing of 1st Grade rugby.  It is proposed that this be built into the licence agreement, and the monitoring of that condition be the responsibility of the Parks Construction & Maintenance Manager, and that he take advice from an independent consultant who has expertise in field management.  It is proposed that the consultant be Garden Growing Solutions Pty Ltd.  The independent consultant will inspect the field periodically, and his assessment will be made available to the Penrith Rugby Union Club.

 

It is proposed the Brothers’ use of the facility would be through seasonal agreement with Council and fees charged in accordance with Council’s Fees and Charges.

 

It is important that the level of use on the main field does not jeopardise the quality of the surface.  Therefore, the ‘capacity’ of the playing surface must be monitored and management practices put in place.  A maintenance program has been prepared for the main field that specifies the required work activities according to set timeframes.

 

The Penrith Rugby Union Club will be compensated for the use of the fields by the Brothers Junior Rugby League Club.  It is proposed to convene a meeting with the two clubs to resolve a number of operational issues such as cleaning, extra costs for water/electricity, maintenance of the facility and compensation for use of the facility.

 

Conclusion

Due to the building extension being undertaken by the Rugby Union Club over the last two years, and the ongoing compliance problems, an agreement for the use of the park has not been progressed.  Now that the compliance issues with the work are nearly resolved, it is timely Council enter into an agreement for the use of the facility.  The report is recommending that a 5 year licence agreement be offered, in accordance with the terms of the report. The report also outlines a proposal for the use of the grounds by the Brothers Junior Rugby League Club.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on License agreement with the Penrith Rugby Union Club at Andrews Road be received.

2.     The Penrith Rugby Union Club be offered a licence in the terms set out in the report to the Ordinary Meeting of 5 March 2007.

 

 

3.     The Parks Construction & Maintenance Manager be authorised to sign any resulting agreement in terms set out in the report to the Ordinary Meeting of 5 March 2007.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

6

Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel    

 

Compiled by:                Diana Tuckwell, Facilities Operations  Secretary

Authorised by:             Gary Dean, Facilities Operations Manager   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City’s diverse current and future recreation and leisure needs.

     

Purpose:

To inform Council of donations made to amateur sportspersons and/or representatives in the fields of art, music, culture for overseas and interstate travel for the October-December 2006 quarter.  The report recommends that the information contained in the report be received.

 

Background

 

Council has a policy of providing assistance to amateur sportspersons and representatives in the fields of Art, Music, Culture, for the purpose of encouraging participation in international or interstate events by residents or by members of clubs based in the City of Penrith, or students of schools and educational establishments within the Penrith City area, and who are representing the country of Australia or the state of New South Wales.  Those requests Council has received and dealt with, for financial assistance in accordance with the Policy for the period 1 October-31 December 2006, are listed below:

 

OVERSEAS DESTINATIONS ($200 NZ or  $300 overseas)

 

1.

a donation of $300.00 was made to NSW Junior Baseball League with a request that it be passed on to Nathan Skinner of Werrington County to help defray his travelling expenses when he competed in the 3rd South Asia Nankyu Baseball Championships held in Singapore during October 2006.

2.

a donation of $2100.00 was made to Broomball Australia with a request that $300.00 each be passed on to Luke Simmonds of Cranebrook, Kevin Chen of Toongabbie, Davin Harvey of Pendle Hill, Kerry Baxter and Tim Brown of West Pennant Hills, Sam Boer of Wentworthville, and Karen Thompson of Baulkham Hills (all members of Broomball Association of Western Sydney based at Penrith Ice Palace, Penrith) to help defray their travelling expenses when they competed in the 2006 World Broomball Championships held in Blaine, Minnesota, USA during October-November 2006.

3.

a donation of $300.00 was made to Basketball Australia with a request that it be passed on to Lisa Mackie of St Clair to help defray her travelling expenses when she competed in the Intellectual Disability Basketball World Championships held in Japan during September-October 2006.


 

4.

a donation of $300.00 was made to Sydney City Football Club Inc with a request that it be passed on to Robert Tribbia of Silverdale (member of Penrith Soccer Club and student at Kingswood High School) to help defray his travelling expenses when he competes in the IQ Soccer Training Team Tournament being held in England during January 2007.

5.

a donation of $300.00 was made to Australian Blind Cricket Council with a request that it be passed on to Ben Felten of Penrith to help defray his travelling expenses when he competes in the 3rd Blind Cricket World Cup being held in Islamabad, Pakistan during December 2006.

6.

a donation of $600.00 was made to Touch Football Australia with a request that $300.00 each be passed on to Mick Lennon of Glenmore Park and Danny Bretherton of Cranebrook to help defray their travelling expenses when they competed in the Touch Football World Cup held in Stellenbosch, South Africa during January 2007.

 

INTERSTATE DESTINATIONS ($100 QLD,VIC -  $150 SA, TAS - $200 WA, NT)

 

7.

a donation of $500.00 was made to Indoor Netball NSW with a request that:

$100.00 be passed on to Candice Wnek of Jamisontown and Jodie & Trudy Cahill of Londonderry to help defray their travelling expenses when they competed in the National Indoor Netball Challenge Shield held in Queensland during December 2006;

$200.00 be passed on to Stacey Dowling of Glenmore Park to help defray her travelling expenses when she competed in the Indoor Netball National Championships held in Perth, Western Australia during October 2006.

8.

a donation of $300.00 was made to NSW Ice Skating with a request that $100.00 each be passed on to Michelle Kirk of Glenmore Park, Erin Greentree of Cambridge Park and Sylvia Quinlan of South Penrith to help defray their travelling expenses when they competed in the Australian Figure Skating Championships held in Brisbane, Queensland during August 2006.

9.

a donation of $100.00 was made to Softball NSW with a request that it be passed on to Lana Tye of St Clair to help defray her travelling expenses when she competes in the National Softball Championships being held in Brisbane, Queensland during January 2007.

10.   

a donation of $200.00 was made to NSW Primary Schools Sports Association with a request that $100.00 each be passed on to Caitlin Heeps of Glenmore Park and Nicholas Tselepis of South Penrith to help defray their travelling expenses when they competed in the School Sport Australia Primary Track and Field Championships held in Cairns, Queensland during November 2006.

11.   

a donation of $150.00 was made to Baseball NSW with a request that it be passed on to Aaron Sookee of Emu Plains to help defray his travelling expenses when he competed in the Australian U16 Baseball Titles being held in South Australia during January 2007.

 

RECOMMENDATION

That the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

7

Penrith Valley Community Safety Plan 2007 - 2010   

 

Compiled by:                Yvonne Perkins, Community Safety Coordinator

Authorised by:             David Burns, Director - City Operations   

Strategic Program Term Achievement: A community safety plan, building on a partnership with police, the community and other stakeholders is in place and supported by Council’s programs.

Critical Action: Maintain and implement a Community Safety Plan for the City with the aid of relevant stakeholders that responds to current prioritised issues.

     

Purpose:

To advise Council of the outcome of the public exhibition of the Draft 2007 -2010 Penrith Valley Community Safety Plan and of additions to the plan as a result of submissions received. The report recommends that Council adopt the revised draft plan as the Penrith Valley Community Safety Plan 2007 - 2010 and approve its submission to the NSW Attorney General for endorsement as a Community Safety Compact.

 

Background

The public exhibition period for the Draft Penrith Valley Community Safety Plan 2007-2010 has now been completed.  The exhibition of the draft plan has included media releases via the Mayoral column, displays in all City Libraries, Civic Centre and Council’s web page.  Copies were also distributed to all Councillors prior to the exhibition period.

 

Only one external submission was received in response to the exhibition period of the draft plan.  This submission, received from Anglicare, discussed the complexities of the issue of Domestic Violence and how this could be further supported by the Community Safety Plan.  The issues raised in the submission have been considered and additions to the rationale and strategy are proposed for Priority Issue – Domestic Violence, as shown in the table provided further in this report, in response to the issues raised.

 

Relevant Council Officers, consulted during the consultation period of the draft plan, also submitted comments during the exhibition of the draft plan.  In response to their comments, some other minor changes have been made, including a reference to the need identified for translated material being identified under Section 3.4 Outcomes of Focus Groups.  This was already reflected in the strategy development for Priority Issue - Domestic Violence, which included the development of publications in community languages.

 

The issue of identification of resources and timeframe has also been considered and a note has been included in Item 7, Priority Issues and Objectives as follows.

 

Note: This is a three-year plan with broad ranging strategies. Resources and timeframes will be determined on a needs basis during the development of specific actions, funding opportunities and available resources.

 

Resulting from the exhibition of the draft plan, the following additions (in italics) have been included in the revised draft plan.

 

PRIORITY ISSUE – Domestic Violence

OBJECTIVE:  To reduce, and raise awareness of, domestic violence (DV) in the Penrith LGA.

 

Rationale: By continuing to increase the availability of domestic violence information to the community, and supporting local DV network initiatives, women and families will be better informed and empowered to make informed decisions/choices.

 

In addition, the broader community will have an increased understanding of the complexities of relationship and family violence through the support of selected domestic violence initiatives.

 

Strategies

Partners

Resources

Timeframe

Performance Indicators

Outcome

Support & assist the Nepean Domestic Violence Network in developing strategies to reduce the levels of domestic violence across the Penrith LGA, including educational material and the development of publications in community languages.

PVCSP

Nepean DV Network

Police

Council

DoCS

Children’s services

Violence Against Women (VAW)

 

 

Support provided to the administration of the network meetings.

 

Decrease in the number of DV incidents across the LGA

 

Number of projects developed per year

 

Participation in a number of projects

Nepean Domestic Violence Network support maintained.

 

Increased personal and family safety across the City.

 

Increased awareness of Domestic Violence Issues.

 

Continue support and maintenance of Council facilitated Domestic Violence projects, eg Domestic Violence website and Community Safety Information stand featuring domestic violence information.

PVCSP

Council

Nepean DV Network

Violence against Women (VAW)

 

 

Number of website visits.

 

Number of pamphlets taken from information stand.

 

Increase in the reporting of DV incidents to Police.

Increased awareness of Domestic Violence Issues.

 

 

 

 

 

 

New Strategy

 

Support agreed initiatives to raise awareness of the complexities of family and relationship violence such as elder abuse, people with disabilities, men, parents and children.

PVCSP

Council

Nepean DV Network

Violence against Women (VAW)

Local service Providers

 

 

Number of pamphlets taken from information stand.

Number of additional information resources developed and distributed.

The community will be better informed on the diversity and complexity of Domestic Violence issues.

 

Conclusion

The Draft Penrith Valley Community Safety Plan 2007-2010 has been developed after extensive consultations, examination of the crime data for the Penrith LGA, and review of submissions received as a result of the public exhibition period.

 

The feedback received from the exhibition period has been considered, and as a result the minor additions, as outlined above, have been included in the revised draft plan issued to Councillors under separate cover. 

 

It is recommended that Council adopt this revised draft plan as the Penrith Valley Community Safety Plan 2007 – 2010, and approve its submission to the NSW Attorney General for endorsement as a Community Safety Compact. 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on revised draft Penrith Valley Community Safety Plan 2007 - 2010 be received.

2.     Council adopt the revised draft plan as the Penrith Valley Community Safety Plan 2007 – 2010.

3.     Council approve the submission of the Penrith Valley Community Safety Plan 2007 -2010 to the NSW Attorney General for endorsement as a Community Safety Compact. 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

8

City Wide Graffiti Minimisation Strategy - Success of funding grant and graffiti removal program update   

 

Compiled by:                Yvonne Perkins, Community Safety Coordinator

Authorised by:             David Burns, Director - City Operations   

Strategic Program Term Achievement: A community safety plan, building on a partnership with police, the community and other stakeholders is in place and supported by Council’s programs.

Critical Action: Maintain and implement a Community Safety Plan for the City with the aid of relevant stakeholders that responds to current prioritised issues.

     

Purpose:

To advise Council of the success of a recent submission to the Crime Prevention Division of the NSW Attorney General's Department for a Graffiti Reduction grant of $65,000. The report will also provide Council with an update on the graffiti removal component of the minimisation strategy.  The report recommends that the grant of $65,000 from the Crime Prevention Divison of the NSW Attorney General's Department be accepted and the information on the update on the City Wide Graffiti Minimisation Strategy be received.

 

Background

The purpose of the Crime Prevention Division’s (NSW Attorney General’s Department) Graffiti Reduction Grants Program is to provide councils, with the highest rates of graffiti vandalism the opportunity to participate in a trial of graffiti reduction projects.  The projects are designed to compliment the existing graffiti vandalism prevention activities in each local government area. 

 

It should be noted that high levels of graffiti reporting to NSW Police have influenced the selection of targeted councils.  For the Penrith Local Government Area, NSW Police have acknowledged that the ‘Report It – Don’t Ignore It’ crime reporting program has impacted on the reporting of graffiti (malicious damage) across the city.  

 

Selected councils were advised of the opportunity to submit expressions of interest on 11 January 2007, with a closing date of 31 January 2007.  Two expressions of interest were submitted, one for a rapid removal project, and one for a CPTED (Crime Prevention through Environmental Design) and landscaping project.

 

Council was advised on 22 February 2007 that the CPTED and landscaping submission was successful.

 

 

 

 

 

Project Description

The project will require Council to implement a program that involves regular removal of graffiti from an “intervention site”, andselecting appropriate CPTED and landscaping options to minimise the recurrence of graffiti at the site.  A “control site” was also required for the project to provide opportunities for comparison between the two sites.  Works or intervention for the control site is to be limited to the works being carried out on a regular inspection and maintenance cycle.

 

Intervention site

The intervention site selected is a block sandstone styled retaining wall in a prominent position at the southern end of the Ched Towns Reserve in Glenmore Park. The wall has been the subject of a number of graffiti hits over the past few years.  The sandstone type composition of the wall is not able to withstand high pressure graffiti removal treatments that have been required to keep the wall graffiti free.

 

The wall has recently been painted to avoid the high pressure treatments, sacrificing the sandstone look of the wall. 

 

The ground level of the retaining wall is grassed and faces onto an open grassed area at the edge of the oval.  A wire mesh fence is installed at the top of the retaining wall, and a lockable car park for the oval is situated at this level.

 

The intervention treatments proposed for the site are:

 

·    “Green-screening” the retaining wall with appropriate vegetation on a purpose built vandal resistant trellis. Vegetation will only proceed to the height of the top of the retaining wall.  The fencing is to remain clear of vegetation and will be of a see-through material;

 

·    Replacing the existing mesh fence with fencing materials that will match and compliment the trellis (undamaged parts of the existing fencing can be utilised elsewhere);

 

·    Seek cooperation of the local shopping centre, sporting groups, local high school and nearby local residents to monitor the site and report any issues that may adversely affect the project;

 

·    The site will be monitored daily by Council field staff;

 

·    Graffiti Removal contractors will remove graffiti as it occurs, particularly in the period prior to the establishment of the vegetation, within 48 hours (24 hours for offensive graffiti);

 

·    Car Park Lighting was CPTED designed and is adequate for the site.

 

Control site (comparison site)

The selection of a control site is part of the criteria for funding, and there are a number of requirements that are required to be met as follows:

 

·    The sites are comparable in size;

·    The sites are of a similar nature and have similar functions;

·    The presence of graffiti is of similar levels at both sites; and

·    The types of property affected by graffiti vandalism are similar for both sites.

 

The Glenmore Park control site selected is two lengths of similar sandstone styled retaining wall that are close enough to each other to be considered one control site.  The first section is a retaining wall on the edge of a public footpath outside on Woodland Drive.  The second section is a retaining wall that leads into the Town Centre shopping centre, adjacent to the Glenmore Park Town Centre.

 

The site is approximately half a kilometre from the intervention site.  This sandstone styled site is also subject to repeated graffiti that is difficult to treat for graffiti. The site meets the criteria for graffiti removal by Council’s graffiti removal contractors as the graffiti removal can be carried out from the public footpath area.

 

Graffiti removal from this site will be subject to the inspection and maintenance cycle determined for the removal component of the City Wide Graffiti Minimisation Strategy.

 

The criteria for funding will require the collection of data for the Crime Prevention Division (AG’s) who will conduct the evaluation of all projects to be conducted by local councils.

 

Penrith Council has had some success with reducing graffiti though green-screening, by planting out vegetation along expanses of isolated colour bond fencing along major roads and in sections of the Great Western Highway.  The buildings that back onto the Surveyors Creek Drainage Channel in Jamisontown are also beginning to see the benefits of using vegetation to screen large expanses of vulnerable isolated walls.

 

This project will provide an opportunity to test CPTED treatments in a high profile/high traffic (vehicle and pedestrian) location, as opposed to more isolated areas.

 

Reports on the progress of this project will be provided to Council at regular intervals.

 

Update of graffiti removal from the public space

Seven contractors have been engaged to remove the backlog of graffiti from across the City, which commenced in late November 2006.  To begin the removal program, each contractor has been allocated a specific area.  To date 29,608 square metres of graffiti have been removed across the City. 

 

Contractors were initially directed to concentrate on the main roads, collector roads, shopping strips, and the more highly visible locations within their areas.  The graffiti removal is now moving into the local residential streets and pedestrian laneways in some areas.

 

The visible effect of the program is now becoming more evident and re-hits are being mapped to identify hot spots for repeat offences.  This information is available to both Penrith and St Marys Police, via the Australia Graffiti Register, the database utilised by Council to record all incidents of graffiti within the city.

 

In locations where there has been an effective clean up rate, NSW Police have assisted by providing covert operations in locations where there has been a high incidence of re-hits, eg St Marys CBD and Glenmore Park.

 

A hot line free call phone number is now available for local residents to report graffiti on all property within the city.  Council resources are being directed to graffiti on all Council property, and private property that can be accessed from the public space.

 

All other graffiti reports are being referred to the relevant government authority or property owner.

 

The free call hot line number is 1800 022 182 and is now advertised on Council’s web page.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on City Wide Graffiti Minimisation Strategy - Success of funding grant and graffiti removal program update be received.

2.     Council accept the offer of the grant in the amount of $65,000 from the Crime Prevention Division of the NSW Attorney Generals Department.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

9

Penrith Football Stadium   

 

Compiled by:                Gary Dean, Facilities Operations Manager

Authorised by:             Steve Hackett, Director - City Services   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City’s diverse current and future recreation and leisure needs.

      

Purpose:

To advise Council of the status of various matters associated with Penrith Football Stadium.  The report recommends that the information be received and that the NSW Premier be thanked for the funding.

 

Redevelopment Project

Council has been pursuing, for a number of years with both the federal and state governments, funding to facilitate the multi-million dollar redevelopment of the Penrith Football Stadium.

 

As part of Council’s ambition to redevelop the Stadium, the Council initiated the Penrith Stadium Redevelopment Masterplan in 2004, which allowed for a ‘staged’ approach to the required upgrade.  This staged Masterplan allows the Stadium to ‘grow’, and to evolve through time to become a venue for community entertainment and social interaction, beyond just football.

 

As an element of the 2004 Federal Government elections, the then government provided $10 million towards the redevelopment project.  These funds were expended during 2005/06 on that part of the redevelopment that Council identified as Stage 1, which comprised a new ‘field of play’ and a new western grandstand extension, and refurbishment of the existing grandstand.

 

The new facilities have proven to be enormously popular with those that use and visit the Stadium.

 

Whilst the NSW Government has not been forthcoming (until now) with funding, Council’s request was being considered as part of the broader major venues review.  Council has made this project part of its lobby agenda with the state government, taking every opportunity to highlight the need for further funding, through local members, and at the NSW Cabinet visit to Penrith last year.

 

On Saturday 24 February 2007, the NSW Premier Morris Iemma, attended the opening game of the re-formed Penrith-Nepean United Premier League Soccer Team at the Penrith Football Stadium when he announced that “… a re-elected Iemma Government will provide $5 million to help the Panthers Entertainment Group reach its goal of turning Penrith Stadium into a centre of sporting excellence that will benefit the entire community…”.  Whilst this news is clearly encouraging, Council is awaiting specific details of the announcement.

 

Council needs to sustain the momentum in the implementation of a community-responsive Masterplan for the Stadium.  Whilst the next stage of redevelopment has yet to be identified, the attention could shift to the eastern part of the Stadium – a shift in emphasis from football to community.  If this funding becomes available it would be appropriate to reconvene the Stadium Redevelopment Working Party to identify works to be undertaken.

 

The documentation that Council has used in its funding applications and lobby program has been contemporised.  Every opportunity will be taken by Council for further funding including the federal government.

 

Future Management of the Stadium

As the Stage 1 Stadium improvements finished, Council’s focus moved onto the future management arrangements of the Stadium.  Council formed a Councillor Working Party “… to investigate future management options for the Penrith Football Stadium and recommend to Council a preferred arrangement…”.

 

The Working Party met late last year and considered a range of management model options and the financial aspects of those options.  The outcomes of that Working Party meeting were reported to Council on 4 December 2006.  Council endorsed ‘in principle’ a preferred Stadium management option.  Council also requested that specialists be engaged to advise on an appropriate value of the preferred management model.

 

Council officers are preparing the necessary documentation to reflect Council’s endorsed position, and discussions have been held with a suitably qualified and experienced specialist, who will prepare the required valuation report.

 

A further Working Party meeting is being arranged for late March to consider these matters.

 

Conclusion

The recent funding announcement by the NSW Premier was pleasing and unexpected.

 

Council officers will continue to press for further funding, particularly to the federal government in order to maintain the Stadium redevelopment program so that Council’s vision for a ‘centre of excellence’ in sport and entertainment is realised.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Football Stadium be received.

2.     The NSW Premier be thanked for the offer of $5 million towards the further redevelopment of Penrith Football Stadium.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

10

Lease of Arthur Neave Tennis Complex   

 

Compiled by:                Gary Dean, Facilities Operations Manager

Authorised by:             Steve Hackett, Director - City Services   

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City’s diverse current and future recreation and leisure needs.

     

Purpose:

To advise Council of the Expressions of Interest received for a 5-year lease of the Arthur Neave Tennis Complex located in Werrington.  The report recommends that the 5-year lease to Mr Ken Gates be endorsed.

 

Introduction

Council received a report, at its meeting of 11 December 2006, advising of expressions of interest received for a 5 year lease of the Arthur Neave Tennis Complex located at Werrington.  Two submissions were received – Mr Ken Gates and Mr David Deep (Indeep International Tennis and Fitness Pty Ltd).  The report recommended Mr Deep as the preferred tenderer.

 

Mr Gates addressed Council at this meeting.  Upon completion of Mr Gates’ presentation, and after considerable discussion on the report, Council deferred the matter pending further advice on a number of issues and a presentation from the other tenderer, Mr Deep. 

 

Background

The Arthur Neave Tennis Complex is currently managed by Penrith City Council’s Facilities Operations Department.   Council officers oversee the maintenance, presentation and general upkeep of the complex and its equipment.  Arrangements are in place whereby a local business within the Werrington Shopping Village, Werrington Cellars, acts as booking agents, on Council’s behalf, for court hire.  The proprietors of Werrington Cellars have provided excellent service on Council’s behalf in this regard, and will be formally recognised for their efforts should this lease arrangement be implemented.  Proprietors of Werrington Cellars may well wish to enter into some arrangement with the lessee to provide a similar service, however this would be negotiated between the two parties.

 

Council was approached approximately three years ago to lease the complex.  In accordance with the appropriate procedures pertaining to the leasing of community land, an Expression of Interest document was prepared and advertised.

 

Unfortunately, the original interested party was unable to commit to their initial request.  There were no other submissions at that time. 

 

In recent years, some informal discussions were held with the Nepean District Tennis Association, with a view to extending their lease of the Woodriff Gardens facility to include Arthur Neave tennis complex, however no arrangements were realised.  The complex remains under the management of Council’s Facilities Operations Department.

 

Council was approached, in September last year, by Mr David Deep of Indeep International Tennis and Fitness Pty Ltd, seeking opportunities to lease a tennis complex in Penrith.  Mr Deep indicated that the four-court Arthur Neave Complex at Werrington would suit his purpose.  Mr Deep was advised of the process required and was encouraged to provide a submission on that basis.

 

In accordance with those procedures for the lease of community land, an Expression of Interest document was prepared and advertised for the appropriate period.

 

Two submissions were received, Indeep International Tennis and Fitness Pty Ltd, and Mr Kenneth Gates. 

 

Facility Description

The Arthur Neave Tennis Complex comprises:

 

·    4 full-size plexi-pave tennis courts with court lighting, fencing, nets and umpire chairs.  All 4 courts were re-surfaced in 2005;   

·    a small amenities block to serve the courts, including change rooms, toilets and storage rooms; and

·    a landscaped and paved area overlooking the courts, which presently accommodates tables and chairs and forms an attractive relaxation area.   There are also 4 undercover observation areas.

 

Submission Review

Kenneth S Gates

Mr Gates has been involved with tennis in Penrith for approximately 21 years, originally associated with the Panthers Tennis Complex in 1985, and for the ensuing 11 years.  Mr Gates sold the lease to the Penrith Rugby League Club in 1996, and has since conducted his coaching business at Arthur Neave Complex at Werrington, in conjunction with the use of Blue Mountains Council’s Lapstone facility. 

 

Mr Gates’ association with the Werrington Complex is on a court hire basis, this usage consisting of coaching Werrington Primary School students on Friday, approximately 80 juniors on Saturday mornings and Junior boys and girls competitions on Sunday mornings.  Council records indicate that the extent of Mr Gates’ use of Arthur Neave is approximately

9-10 hours hire of one court per week.

 

Mr Gates has indicated a desire to promote tennis, maximise court usage, and expand his existing operations, by introducing:

 

·    Ladies social competitions

·    Night social tennis

·    Beginners tennis coaching

·    Mixed and Men’s competitions.

 

Mr Gates requested a 5 year lease and has tendered a price of $15,000 per annum for the first year, increasing by the CPI for each of the subsequent 4 years. 

 

Indeep International Tennis and Fitness Pty Ltd

David Deep (founding Director of Indeep Tennis and Fitness Pty Ltd) provided endorsements from Mr Anthony Richardson, National High Performance Academy Manager of Tennis NSW and Mr Craig Watson, CEO of Tennis NSW in his submission.

 

Mr Deep’s submission indicated extensive experience in the tennis industry over 15 years as a player, manager, coach and marketer.  Mr Deep’s qualifications include:

 

·    Tennis Australia Certified Advanced Coach

·    Tennis Coaches Australia – Advanced Tennis Coach

·    ASCA (Australia Strength and Conditioning Association) Strength and Conditioning Coach

·    Diploma in Sports Marketing.

 

Mr Deep’s coaching team also included a Head Coach, Mr David Hall, a Paralympic Gold Medallist, World No. 2 Singles Wheelchair Tennis Player and winner of 8 US Open Titles.

 

Indeep Tennis and Fitness proposed programming for Arthur Neave Tennis Complex included:

 

·    Social

1.   Ladies Clinics (coach to player ratio – 1:4)

2.   Tennis Fit Class (coach to player ratio – 1:6)

3.   Social Night

4.   Family Days

5.   Tournament Travel

 

·    Participation

1.   Pee Wee Children’s Tennis (Ages 3-5.  Coach to player ratio – 1:4)

2.   Group Coaching (coach to player ratio – 1:6)

3.   Private Lessons

4.   Wheelchair Squads (coach to player ratio – 1:4)

5.   Tournament Travel

 

·    Development and Elite

1.   Development Squad (coach to player ratio – 1:4)

2.   Elite Squad (coach to player ratio – 1:3)

3.   Wheelies (coach to player ratio – 1:4)

4.   Full Time Program (coach to player ratio – 1:4)

5.   National and International Tournament Travel

 

Mr Deep requested a 5 year lease and tendered an amount of $16,000 per annum (subject to annual CPI increases).

 

Procedures

Community land such as Arthur Neave is required to be used and managed in accordance with the Plans of Management applying to the land.

 

The leasing of the land for tennis court operations, to an interested operator, can be granted for a purpose consistent with the core objectives of the Community Plans of Management.

 

The maximum number of years relating to any Lease is five (5) years.  If the proposed lessee requires any more years, then Council may only grant such a Lease by tender (unless it is granted to a non-profit organisation) and Ministerial approval.

 

Property Development Manager’s comment

The amount tendered by both Mr Gates ($15,000 per annum) and Indeep International Tennis and Fitness Pty Ltd ($16,000 per annum) is consistent with rent attributed to Council’s other tennis court complex (St Clair), leased in a similar manner.

 

The St Clair Tennis Complex is a 6 court complex, leased over 5 years, and attracts a rental that is equivalent to approx $3,700 per annum per court.

 

The submissions received from the interested parties, in response to Council’s advertised “Expressions of Interest”, are considered to be fair and reasonable.

 

Issues raised by Council

Council raised a number of issues, at the meeting on 11 December 2006, seeking further advice.

 

·    Utilisation of Council’s courts across the Penrith LGA

Council oversees the operations of ten tennis complexes located throughout the city.  These complexes are managed in three different ways.  The three main complexes – Woodriff Gardens, St Marys Tennis Centre and St Clair Tennis Centre are leased from Council.  Emu Plains Tennis Courts and Mt Vernon Tennis Courts are managed by S377 Committees.  Arthur Neave, Namatjira, Llandilo, Mulgoa and Londonderry Tennis Courts are managed by Council’s Facilities Operations Department.

 

Funds generated by the Tennis Courts either by way of lease fees, player fees or S377 Committees are allocated to the Recreation Reserve (previously Tennis Development Reserve) and distributed as required in maintenance, general upkeep and purchase of materials.

 

Woodriff Gardens Tennis Complex

Management:        Leased by Nepean District Tennis Association

Detail:                   14 court complex, synthetic grass surface including lights

Usage:                            Formal competitions weekdays, weeknights and weekends, school use, coaching, development programs, special events and casual hire.

 

St Marys Tennis Centre

Management:        Leased by St Marys Tennis Club Inc.

Detail:                   13 court complex, synthetic grass surface including lights.

Usage:                  Formal competitions weekdays, weeknights and weekends, school use, coaching and casual hire.

 

St Clair Tennis Centre

Management:        Leased by Tony Podesta and Rodney Fahey.

Detail:                   6 court complex, hard court surface including lights.

Usage:                  Weekday and weeknight competitions, school usage, coaching clinics and casual court hire.

 

Emu Plains Tennis Courts

Management:        S377 Committee

Detail:                   2 courts, resurfaced synthetic grass in 2005 and includes lights.

Usage:                  Weekday, weekends, social competition, casual hire and school usage.

 

Mulgoa Tennis Courts and Community Hall

Management:        *Direct managed by Council officers

Detail:                   2 courts, hard court surface including lights – small clubhouse, amenities and community hall.

Usage:                  Social competition, coaching and casual hire.

 

Mt Vernon Tennis Courts

Management:        S377 Committee

Detail:                   1 court, hard court surface including lights.

Usage:                  Minimal (8 uses per month).

 

Arthur Neave Tennis Complex

Management:        *Direct managed by Council officers

Detail:                   4 courts, hard court surface including lights, storage / equipment shed and small kitchen

Usage:                  Reasonable patronage.  No formal competition.  Coaching, school hire and consistent casual hire.

 

Namatjira Tennis Courts

Management:        Direct managed by Council officers

Detail:                   2 courts, hard court surface including lights and storage shed

Usage:                  Poorly utilised.

 

Londonderry Tennis Court

Management:        *Direct managed by Council officers

Detail:                   1 court, hard court surface

Usage:                  No formal competition.  Casual hire only, approximately ten (10) uses per month.

 

* Patronage has increased at these facilities since the introduction of booking agents located in the local shopping centres taking court hire bookings and payments on Council’s behalf.

 

Discussions with tennis providers has indicated a decline in tennis participation over the last 5-10 years.  No specific reasons have been identified for this decline, other than the competition from other sports or leisure opportunities.  Skin cancer awareness, air conditioned homes with computers and computer games being among the other issues affecting participation levels.  Some criticism has been levelled at the Professional Organisations responsible for administering the sport across the country, in particular, from a player development and marketing perspective.  These issues are being addressed by the respective bodies, and it was pleasing to note a considerable advertising campaign during the recent Australian Open, promoting the social and recreational values of tennis.

 

·    Are changes required at Arthur Neave to accommodate the preferred tenderer?

Neither tenderer indicated the need for changes to the complex.  All four courts were resurfaced in 2005.

 

It was stated by Mr Gates, in his presentation to Council, that ‘wheelchair’ tennis requires a larger area than the traditional court.  Mr Deep advised that the court arrangements at Arthur Neave would be sufficient for the planned programs.  An ‘accessible’ toilet is available nearby.

 

·    Advertising of the Expressions of Interest

The expression of interest to lease the Arthur Neave Complex was advertised in the local press in early October 2006.  Appropriate signage was also displayed at the complex, at that time, and for the ensuing twenty-eight (28) days, in accordance with Section 47-(1) of the Local Government Act 1993. 

 

·    Can both tenderers be accommodated?

Neither tenderer indicated whether an arrangement could be entered into, whereby both parties could co-exist at the one Centre.  It would be unreasonable to expect any lessee to accommodate “competing” coaching interests within their place of business.

 

Discussions were held with the lessee of the St Marys Complex, situated in the Blair Oval / athletics precinct, as to their ability to accommodate further coaching activities of any unsuccessful tenderer.  The Management Committee indicated that an arrangement of this nature could be implemented.  This Complex already accommodates a coach. 

 

Remote locations such as Londonderry or Mt Vernon would be considered unsuitable.

 

Submission from Indeep International Tennis and Fitness Pty Ltd

The following submission was received from this Company recently:

 

“I am writing to inform you that I am unfortunately withdrawing my tender for the Arthur Neave Tennis complex.

 

My reason being that the Council’s decision to delay the outcome until February 2007 and longer, forced my company to have to consider alternate venues.  As you know, InDeep International commenced business on 8 January 2007 and I had to commit to a venue before this date.  I was under the assumption that a decision would be made in December 2006, as we had put in a good 3 months work prior to this in the lead up.

 

InDeep International has been running at another venue for a month now and it is simply not good business to uproot again and go elsewhere, now that I have committed my family, my clients and all my advertising to this current venue.

 

It should be noted that in missing this opportunity with InDeep International, the Penrith community are in turn missing out on my programs that are currently covering up to 100+ hours a week of court time during the middle of the day…something no other tennis court in Sydney comes even close to.

 

I appreciate your help with my interest in this tender and am sorry to see it go, but I really was left with no choice at the end of the day due to the long delay for a final decision.”

 

Summary of the tenders

The withdrawal of Indeep International Tennis and Fitness Pty Ltd leaves only one (1) submission for Council to consider. 

 

Mr Gates’ submission outlines a 21 year history of tennis involvement in the Penrith District.  He currently uses the Arthur Neave facility (in conjunction with other venues) to conduct his coaching activities on a “court hire basis”.  His utilisation of this facility equates to approximately one court for 9 hours per week.  Mr Gates also indicates that he would seek to increase participation levels at this complex, by introducing additional coaching opportunities and competitions.

 

Council has received a submission containing 70 signatures which “… strongly support the retention of our local professional tennis coach, Mr Ken Gates at the Arthur Neave Tennis Courts Werrington.”

 

The offer of $15,000 from Mr Ken Gates is considered reasonable and should therefore be accepted.

 

Conclusion

Over the last decade or so, there has been a steady decline in the popularity of tennis across Australia.  This has been noticeable at the local level.  The National and State Sporting Bodies are now implementing initiatives to address this decline.

 

The programs proposed by Mr Ken Gates, to promote tennis in the Penrith LGA, will support those initiatives and offer opportunity to “grow” the sport in the local area. 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Lease of Arthur Neave Tennis Complex be received.

2.     Council agree to enter into a 5-year lease with Mr Ken Gates in accordance with the arrangements as outlined in this report.

3.     Council agree with the rental payment in the amount of $15,000 per annum (plus GST) and subject to CPI increases on each anniversary over the term of the lease.

4.     Council officers be authorised to execute the necessary lease documents on Council’s behalf.

5.     Indeep International Tennis and Fitness Pty Ltd be thanked for its interest in the Arthur Neave Tennis Complex.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

5 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

11

Development Application 06/1025 for proposed Multi Unit Housing Development consisting of 44 residential apartments at Lots 4-8, DP 32610, known as 42-50 Union Road, Penrith.  Applicant:  Cavasinni Constructions Pty Ltd;  Owner:  Cavasinni Constructions Pty Ltd   

DA06/1025

Compiled by:                Ruth Byrnes, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

     

Purpose:

To enable Council to determine the subject Development Application.  The application is referred to Council for determination as the proposal represents a significant development near the Penrith CBD.   The report recommends that Council grant consent subject to conditions.

 

Introduction

Council is in receipt of a development application for the erection of 44 apartments on four levels, with associated basement car parking.

 

An assessment, under Section 79C of the Environmental Planning and Assessment Act 1979, has been undertaken with the following key issues to emerge;

 

·    Architectural presentation

·    Compliance with State Environmental Planning Policy 65 – Design Quality for Residential Flat Development

·    Garbage servicing

 

These matters are discussed in detail in the report.  The application is recommended for approval subject to conditions.

Background

The applicant attended numerous prelodgement meetings since 2002 to discuss a multi unit proposal for the land.  Formal prelodgement advice was provided to the then applicant, dated 31 May 2002.  Various concepts were subsequently discussed with Council’s officers, and a development application was lodged in 2004, for 2 x 4 storey residential flat buildings over four of the lots, which was subsequently withdrawn due to its four storey appearance. 

Master Plan (RZ05/0052)

The applicant purchased an adjoining lot which, when combined with the other lots, resulted in a total land area exceeding 3000m2.  In accordance with Clause 14A of the Penrith LEP 1998 (Urban Land), a master plan was required for the site.  A draft master plan was adopted on 22 December 2005 which is discussed in more detail later in this report. 

Current Development Application

The subject development application was lodged on 30 June 2006.  However, the application was incomplete, and on 6 July 2006 the applicant was requested to provide the following additional information to allow Council’s assessment of the application:

 

·      A Statement of Design Verification

·      A Statement of Environmental Effects

·      Hydraulic plans

·      Landscape plans

·      Acoustic report

·      Waste Management Plan

·      Construction Management Plan

·      BASIX certification

·      A schedule of external finishes and colours

 

A second letter was forwarded on 17 July 2006, requiring increased compliance with SEPP 65.  Extensions of time were granted, and the amended plans and associated documentation were received 9 October 2006.    Further amendments in relation to BASIX commitments and acoustics were requested on 29 December 2006 and these items were addressed by the applicant and received by Council on 1 February 2007.

Site and Surrounds

The land comprises five lots and has an area of 3510m2.  Four of the lots are vacant and the fifth lot contains a single storey weatherboard cottage and shed.  The land is generally unconstrained.  It is situated on the south side of Union Road, east of the intersection with Worth Street.   A number of exotic trees and shrubs occur around the site, with trees along the southern boundary and three trees on the Union Road footpath.

 

The Council car parking area and the Penrith CBD is adjacent to the north of the site and a mix of residential premises occurs around the site.  The land to the south (rear) comprises detached dwelling houses fronting Rodley Avenue, to the west townhouses exist in Worth Street and other residential flat buildings are near the site to the east.   The neighbourhood is substantially urban in character and is in transition as evidenced by new residential units under construction in Union Road to the north west of the subject land.

 

A development application for multi unit housing involving 18 units and basement car parking was approved on 18 August, 2004 at 15-19 Rodley Avenue, Penrith, being directly south of the subject land.   This consent may have now lapsed, however, it has been considered in the applicant’s site analysis.

 

See Locality Map at Appendix No. 1. 

The Proposed Development

The development comprises:

 

·      44 residential apartments over four levels, being 24 x 2 bedroom and 20 x 3 bedroom dwellings

·      18 of the apartments are two storey maisonette type dwellings, being on Levels 2 and 3

·      Apartments have either 2 or 2.5 bathrooms, and 25 apartments have media areas

·      Built form of three storeys with a fourth level setback from the frontage and contained within the roof pitching

·      Basement car parking for all apartments, providing 64 spaces and 9 visitor spaces, including three spaces for disabled people

·      Entry and exit vehicular access ramps to Union Road

·      Two main pedestrian access entries via lobbies from the Union Road frontage

·      Lift access between basement and all apartments

·      Two garbage storage areas and a recycling storage area within the basement

 

The proposed development accords with the approved Master Plan with regard to building footprints.

 

The materials proposed are typical for a contemporary building, being a mix of rendered cement, with steel framed balustrades and pergolas, sliding timber louvred screens to windows, and frosted glass to common lobbies.  The articulated front fence is a mix of stained timber battens on a steel frame, with two horizontal slatted metal gates, and “smartrock” finish.   A timber and steel gazebo is proposed over the two entry gates.   Photomontages have been provided which depict the proposal in the Union Road streetscape.  Site Plans and Elevations are attached to this report at Appendix No 2. .

 

The application is now supported by the relevant documentation:

 

·      A Statement of Design Verification, by D and R Architects, dated 18 May, 2006

·      A Statement of Environmental Effects, prepared by Rhodes Haskew Associates, dated August 2006

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

·      Architectural plans, prepared by D and R Architects, 04038

·      Hydraulic plans, prepared by Cavasinni Constructions, 06-SW1

·      Landscape plans, prepared by Ray Fuggle and Associates, dated 31 October, 2006

·      Acoustic report, prepared by Sebastian Giglio dated 4 October, 2006

·      Waste Management Plan, pared by D and R Architects, dated April 2006

·      Construction Management Plan, prepared by Cavasinni Constructions

·      BASIX certification, number 105643M

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

·      A schedule of external finishes and colours

 

The architect has stated that the proposal will provide “an appropriate level of residential apartments, creating a unique development that will bring vitality to this section of Union Road.”

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and the following comments are made.

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

Initially, consideration must be given to the permissibility of a development prior to other instruments, codes and policies.

Penrith LEP 1998 (Urban Land)

The subject site is zoned 2(e) Residential (Medium High) under Penrith LEP 1998 (Urban Land).  The proposed development is defined as multi unit housing,

 

“Multi unit housing” is defined as “a building or buildings containing three or more dwellings and includes forms of residential buildings commonly known as apartments, boarding houses, cluster housing, integrated housing, residential flat buildings, serviced apartments, row houses, terrace houses, townhouses, villas and the like.”

 

The development satisfies this definition and is permissible with the consent of Council in the zone. 

LEP and Zone Objectives

The relevant objectives of the 2(e) Residential (Medium High Density) zone are:

 

·    to provide a wider range of housing choices in proximity to the established town centres and railway stations; and

·    to reinforce established flat zones; and

·    to allow multi-unit housing up to a three-storey appearance.

 

The relevant objectives of the zone can be satisfied by this proposal, providing a mix of housing choice in the Penrith CBD, close to all facilities.  The building form generally is three storey in appearance, with the fourth level setback from the street frontage. 

 

Development Standards

Clause 11 -  Site controls for multi unit housing – 2(e)

 

LEP development standard

Proposed Development

Compliance

Min area 800m2

3510m2

Yes

Min width 20m

75.96m

Yes

 

Clause 12 -  Building envelope, height, landscaped area, rear setback – 2(e)

 

LEP Development Standard

Proposed Development

Compliance

Building envelope 6.5m

achieved

Yes

Max wall height 10.5m

11.1m

No1  see below

Landscaped area 35% min

42%

Yes

Rear setback 6m

6m

Yes

1 Clause 12(6) of the Penrith LEP 1998 states:

“Despite any other provisions of this clause, the Council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of the Council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building.

The applicant has provided justification to support the variation of the maximum wall height in conjunction with Clause 12(6).

 

The maximum permitted height is exceeded by 600mm.  This is a direct result from the design of the apartments complying with the State Environmental Planning Policy 65 – Residential Flat Design Code (SEPP 65), which requires a minimum floor to ceiling height of 2.7m, except for the top floor, in order to improve the design of residential flat buildings.    

 

The applicant has stated:

 

“At the date of gazettal of Penrith LEP 1998 (Urban Land), SEPP 65 had not been drafted and the Residential Flat Code had not been formulated.  The expected floor to ceiling height of each level within a residential flat building prior to SEPP 65 was 2.4m.  Allowing for 225mm slab thickness the building envelope allows for 4 levels at 2.4m floor to ceiling height.  SEPP 65 now requires 2.7 floor to ceiling height (except for the top floor) in order to improve the design, amenity and utility of residential flat buildings.  Accordingly, the additional height is consistent with the criteria contained within Clause 12(6) and the application is therefore considered to comply.”

 

The proposed excess wall height is negligible in the overall development and satisfies the requirements of SEPP 65.  The variation is therefore accepted in this instance.

 

Clause 13 -  Provisions for environmental performance in development generally

Clause 13(2) states that:

“The Council must not grant consent to development that involves the erection of multi-unit housing if, in the opinion of the council, that development:

(a)   will not allow for at least 3 hours of direct sun to the windows of living areas of the housing between 9am and 3pm on June 21; or

(b)   will reduce direct sun to the windows of neighbouring living areas to less than 3 hours between 9am and 3pm on June 21; or

(c)   will not include roof and top floor ceiling insulation to an equivalent thermal rating of at least R3.0 and wall insulation to an equivalent thermal rating of at least R1.5, or

(d)   will not include protection from the entry of summer sunlight by shading devices on external openings to habitable rooms.”

 

The proposal does not provide 3 hours direct solar access to the living areas of 13 of the 44 apartments.   However, this satisfies the requirements of State Environmental Planning Policy (SEPP) 65 – Design Quality of Residential Flat Development, discussed later in the report.  The SEPP 65 supersedes the LEP 1998 in this instance.  Notwithstanding this, the applicant has provided an objection pursuant to SEPP 1 to vary Clause 13 (2)(a), which is discussed later in the report.

 

The proposed development will not reduce direct sun to the windows of neighbouring living areas.  Shading devices in the form of balconies over, pergolas and timber window shutters are provided. 

 

BASIX certification has been provided for the apartments, to demonstrate minimisation of energy consumption.   The commitments include:

 

·      indigenous/low water plant species

·      3 star fixtures and appliances for all apartments

·      5 star gas hot water systems for all apartments

·      a 10 000 litre rainwater tank for irrigation of common landscaped area

 

These commitments now override the requirements contained within Clause 13(2)(c) above.

 

The applicant has demonstrated that noise and stormwater discharge are appropriate for the development and the locality.

 

Clause 14  - Provision for design principles in development generally

The design of the proposal has considered the topography of the site, the streetscape character, scale of the proposal against adjoining development and sunlight access as much as possible.   The development provides an attractive built form with a suitably dimensioned landscape setting within the front setback area.   There are no significant vistas affected by the development.

 

Clause 14A -  Provision for Master Plans

This clause requires the preparation of a Master Plan for sites having an area of greater than 3000m2. 

 

The applicant purchased an adjoining lot, creating land area exceeding 3000m2.  A draft Master Plan was lodged on 23 September 2005 in accordance with Clause 14A, which showed a general design concept involving a building with three main sections, incorporating four storeys with the upper floor recessed.  

 

The Master Plan (site plan only) was adopted with variations on 22 December 2005.  The variations related to:

 

·      separate building blocks, not more than 20m long, with a minimum  building separation of 3 to 4m

·      high standard of urban design and variety through articulation, architectural features, elements etc

·      communal open space to have generous size and dimensions

·      courtyard fencing to be of see-through construction

·      no solid fence or retaining walls more than 1.2m from natural ground level in Union Road frontage

·      external wall height 10.5m max

·      3m setback to Union Road frontage

·      trees at southern boundary to be retained and protected

·      central building to be different in appearance

·      dwelling mix of 1, 2 and 3 or more bedrooms

 

The subject development proposal generally conforms with the development concepts of the adopted Master Plan.

 

State Environmental Planning Policy No 1 – Development Standards

SEPP 1 aims to provide flexibility in planning controls in circumstances where strict compliance with those development standards would be considered as unreasonable or unnecessary or hinder the attainment of the objectives of the Environmental Planning and Assessment Act 1979.

 

The proposal does not comply with Clause 13(2)(a) of Penrith LEP 1998 (Urban Land) where three hours of solar access is not available to all apartments.   The affected apartments are nos. 7, 8, 9, 10, 12, 20, 21, 22, 23, 25, 36, 39, 43 being 13 of the 44 units.

 

A SEPP 1 objection has been lodged to seek variation to Clause 13(2)(a).  The applicant has made a written objection, and by specifying relevant planning grounds, asserts that compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

 

Objective of the development standard

Clause 13(1) outlines the objectives of the standard:

 

(1)     The objectives of this clause are to

(a)     achieve effective environmental performance of development generally, and

(b      reduce the consumption of energy used in the habitation of multi unit housing by ensuring that solar design principles are following in the development

 

Objectives of the Environmental Planning and Assessment Act, 1979

The objectives specified in Section 5(a)(i) and (ii) of the Act are:

 

(a)     to encourage

(i)      the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii)     the promotion and co-ordination of the orderly and economic use and development of land

Objection

The applicant submits, in part, that:

 

“The subject site is oriented with its long axis in an east west direction.  Nevertheless its depth varies between 53m and 39m.  It is too shallow to allow two rows of dual aspect apartment buildings (separated by 12m as required by SEPP 65).  However, limitation of the building footprint to a single row of dual aspect apartments would result in almost inefficient building outcome that the same would not serve objective 5(a)(ii) of the Act.  Site depth therefore demands on a fundamental site planning basis, two rows of single aspect apartments with a single building form.

 

In essence, the site dimensions create a situation of competing design objectives where efficient use of the land and optimal solar access outcomes cannot be simultaneously achieved.

 

… Environmental performance and minimisation of energy consumption are also significantly influenced by travel patterns and reliance on private motor vehicles.  Maximising residential densities on sites which provide realistic alternatives to private transport is a more fundamental and important planning objective than maximising solar access.

 

Given that maximizing residential densities in the vicinity of the Penrith Town Centre provides a more significant contribution to energy consumption and environmental performance than solar access, and given both outcomes cannot be simultaneously achieved, compliance with the provisions of Clause 13(2)(a) is considered unreasonable and unnecessary in the circumstances of the case.

 

The most current planning tool for assessment of energy efficiency and environmental performance is BASIX.  The subject application satisfied BASIX requirements.  Based on a more holistic assessment of energy efficiency and environmental performances (as encompassed by BASIX) the proposed development cannot be said to derogate from the attainment of the objectives of Clause 13(2)(c).

 

Compliance with Clause 13(2)(c) would require the development of the subject site to be limited to a single row of dual aspect apartments.  This would produce a yield approximately half of that which is achieved under the current application.  Accordingly, there would be about 25 fewer dwellings having optimum access public transport, employment and shopping facilities.  The energy savings of solar access are most apparent in winter.  Travel demands on the other hand are experienced all year round.  Given that both design objectives cannot be achieved, it would be unreasonable to promote an objective which has three months per annum benefit over a competing objective which benefit over the whole year.”

 

Comment:

The residential complex has been designed in accordance with the provisions of SEPP 65 discussed below and the adopted Master Plan.   

 

As can be seen from the floor plans, the 13 apartments on the southern side of the complex cannot achieve northern solar access. The development complies with SEPP 65 in that 70% of the apartments are compliant with the solar access requirement.  The SEPP prevails over the LEP and as such this is deemed a more appropriate requirement for the development to comply with.  To fully comply as is the case with the Clause13(2)(c) the rear units would require redesigning.  The development complies with its building sustainability requirement and satisfies the key principles of the SEPP 65 provisions.

 

In this instance, compliance with the development standard would be inconsistent with the objectives 5(a)(i) and (ii) of the Act as it would not be an example of proper management or promotion of orderly and economic development.   Strict compliance with the development standard contained within Clause 13(2)(c) of LEP 1998 (Urban Land) is considered to be unnecessary and unreasonable in this instance, and the variation should be supported.

 

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

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

 

SEPP 65 does not contain numerical standards, but refers to “Residential Flat Design Code” (also known as The Orange Book).  The Code provides additional detail and guidance for applying the design quality principles outlined in SEPP 65.    The SEPP takes precedence over an LEP where there may be any inconsistencies between the environmental planning instruments.  Council needs to be satisfied that the proposed development achieves a satisfactory outcome in respect of each of the design quality principles.

 

The applicant has provided a report addressing the ten principles of design quality, and a Design Verification Statement indicating that the development has been designed in accordance with the SEPP.   Council’s Architectural Supervisor has assessed the submission and after some clarification provided, considers it to generally satisfy the objectives of SEPP 65.

 

Design Quality Principle 1:  Context

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

 

Applicant’s architect’s comments:

“The development contributes to the new built form imagery and identity within an envelope compatible with the desired future urbanity of its surrounds.   The building is a response to the relevant environmental planning instruments and development control plans for the Penrith area and discussions with Council Officers.”

Comment:

Being adjacent to the Penrith CBD the immediate vicinity is mixed.  Council’s car parking area and the retail/commercial district is to the north of the site, whilst other multi unit developments occur around the site to the south, west and east. 

 

The design of the building is a result of lengthy discussions and design concepts, culminating in the adopted Master Plan of December 2005.   The proposal is considered to be an appropriate response for a site adjacent the CBD and its contemporary form responds well to its high visibility. 

 

 

Design Quality Principle 2:  Scale

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

 

Applicant’s architect’s comments:

 The building will appear as a three storey building from Union Road with the storey above set back to reduce the perceived height of the building.  A similar approach has been taken on the south elevation stepping back from the three storey podium to minimise overshadowing.  The three storey appearance with upper level setbacks compliments the proposed hierarchy of the desired future character of the area.”

Comment:

The bulk and scale of the building reflects the likely future development for this precinct and is appropriate to the Residential 2(e) (Medium-High) zoning of the land.    A key element in the design is the separation of the building into three main components.  This articulates the design and built elements, whilst adding interest, rhythm and yet some consistency.  

 

Design Quality Principle 3:  Built Form

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

 

Applicant’s architect’s comments:

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

 

The separation distance between the building portions provides a visual separation and articulation of the massing of the development.   Each layer of the building is identifiable through considered choice of appropriate, yet compatible materials and a high degree of articulation that manages the transitional scale toward the vision for the future character of the area.

 

A deep soil zone has been provided to the southern boundary especially around the existing trees which are to remain.  A large communal area has been provided at the central rear of the development.”

Comment:

The form of the building is a result of lengthy discussions and design concepts, resulting in the adopted Master Plan.   The separation of the building portions ranges between 3-4 metres.

 

Part 1 of SEPP 65 which requires suitable separation as follows:

 

For buildings up to 4 storeys in height, building separation is to be:

 

·      12 metres between habitable rooms/balconies

·      9 metres between habitable/balconies and non habitable rooms

·      6m between non habitable rooms

 

The objective of the building separation clause is to provide visual and acoustic privacy between the units. 

 

Over the 4 storeys of the proposed building, there are only a few areas where balconies are located directly across from either another balcony or a bedroom, with separating distances of 3 and 4 metres.    These windows and balconies are provided with privacy screens and landscaping to assist in maintaining visual and acoustic privacy as much as possible.  These minor variations to the building separation provisions do not compromise the development’s ability to satisfy solar accessibility, noise attenuation between dwellings or privacy between living areas.  The design is considered to satisfy the objectives of this part of SEPP 65.   

 

The architect has further supported the design by stating that the separation between the sections of the building was intended to give the articulated appearance.   The architect suggests that the articulation of the outer facades offers considerable depth to the development and presents to the street.

 

This built form that proposes a building in three sections and demonstrates architectural merit, particularly to the street frontage, is supported.

 

Design Quality Principle 4:  Density

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

 

Applicant’s architect’s comments:

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

 

The floor space ratio is 1:87:1.  The form and setbacks allow the development to integrate well into the existing streetscape and provide adequate open space for deep soil planting and naturally lit and well ventilated spaces with good passive surveillance.

Comment:

The density is appropriate to this locality near the CBD and its facilities.  The building provides 44 apartments with a mix of layout designs with either one or two bedrooms, and some with media areas.  

 

Design Quality Principle 5:  Resources, Energy and Water Efficiency

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

 

Applicant’s architect’s comments:

 “The majority of the units are oriented towards the north and all apartments have been arranged to maximise solar access levels.   The stepping of the proposed development maintains solar access levels to the adjoining properties to the south.

 

There are several units that have a southern orientation.  They have been designed to provide wide living areas to allow large amounts of natural indirect light to penetrate the units.  Wherever possible, rooms have also been designed to take advantages of any east or west solar access.

 

The internal configuration of the units and building depths provide natural ventilation to all habitable rooms.  The selection of energy efficient appliances, lighting systems and mechanical services will contribute to a high energy rating. 

 

Water saving appliances and hardware are proposed.  A proportion of roof collected stormwater is to be harvested for the irrigation of all landscaping o the terraces.”

Comment:

In addition, BASIX certification has been provided for the design.  Should the application be supported, a condition will be imposed to ensure the BASIX items are implemented. 

 

It is no