23 March 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 26 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 Stoneham

Acting General Manager

 

BUSINESS

 

1.           APOLOGIES

 

2.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Kevin Crameri OAM - 19 March 2007 to 30 March 2007 inclusive.

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 5 March 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

Disability Access Committee Meeting - 7 February 2007.

Local Traffic Committee Meeting - 5 March 2007.

Policy Review Committee Meeting - 12 March 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 26 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

February 2007 - December 2007

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Ordinary Meetings

7.30 pm

12

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

19#+

 

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 5 MARCH 2007 AT 7:35 PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

APOLOGIES

56  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that apologies be accepted for Councillors Mark Davies and Susan Page.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Steve Simat for the period 26 February 2007 to 8 March 2007 inclusive.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 12 February 2007

57  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler that the minutes of the Ordinary Meeting of 12 February 2007 be confirmed, with the addition of the following resolution to Item 9 – Kingswood Park Community Centre – Request for Change of Name and Retirement of Rodger MacDonald:

3.       Council request the Kingswood Park Community Centre Management Committee to submit a new name for the Centre which would be more appropriate to the area in which it is located, instead of ‘Illawong’ Community Centre, as this may be associated with the suburb of southern Sydney, of the same name.

 

 

 

 

DECLARATIONS OF INTEREST

Councillor John Thain declared a pecuniary interest in Item 16 - Domestic Waste Contract Tenders, as the company he works for has business dealings with VISY, which is one of the tenderers for the contract.  Councillor Thain declared that he would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.

 

Councillor Karen McKeown declared a non-pecuniary interest in Item 16 - Domestic Waste Contract Tenders,  as she is a Director of the Penrith Performing and Visual Arts Board, which is sponsored by SITA, one of the tenderers for the contract.  Councillor McKeown reserved her right to take part in discussion and voting on this matter.

 

Councillor Jackie Greenow declared a non-pecuniary interest in Item 16 - Domestic Waste Contract Tenders,  as she is a Director of the Penrith Performing and Visual Arts Board, which is sponsored by SITA, one of the tenderers for the contract.  Councillor Greenow reserved her right to take part in discussion and voting on this matter.

 

Councillor Pat Sheehy AM declared a non-pecuniary interest in Item 16 - Domestic Waste Contract Tenders,  as he is a Director of the Penrith Performing and Visual Arts Board, which is sponsored by SITA, one of the tenderers for the contract.  Councillor Sheehy reserved his right to take part in discussion and voting on this matter.

 

Councillor Ross Fowler declared a non-pecuniary interest in Item 16 - Domestic Waste Contract Tenders,  as he is a Director of the Penrith Performing and Visual Arts Board, which is sponsored by SITA, one of the tenderers for the contract.  Councillor Fowler reserved his right to take part in discussion and voting on this matter.

 

SUSPENSION OF STANDING ORDERS

58  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:44 pm.

 

Mr Tim Bainbridge

Item 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

Speaking FOR the Recommendation

 

Mr Bainbridge was representing the Walker Corporation and spoke in support of the application, highlighting the benefits of this development to the Penrith area.

 

 

 

 

 

 

 

Mr David Ryan

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

 

Speaking FOR the Recommendation

 

Mr Ryan represented the landowner of this development, and was speaking in support of the application.  Mr Ryan noted that the report on this application identifies the logic and need to remove the artificial restriction on trade imposed on bulky goods retail development by the current 1 000 m2 floorspace limitation.  He also noted the many economic and social benefits to the area of this rezoning application, including increased employment opportunities in the local area.

 

RESUMPTION OF STANDING ORDERS

59  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that Standing Orders be resumed, the time being 7:54 pm.

 

  MAYORAL MINUTES

 

1        Local attraction Muru Mittigar wins national tourism award

 

60  RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler that the Mayoral Minute on Local attraction Muru Mittigar wins national tourism award be received.

 

His Worship the Mayor, Councillor Pat Sheehy AM, presented Jill Ritherdon and Leslie Edwards with a certificate of congratulations from Penrith City Council.

 

2        Penrith Council Highly Commended in Prestigious Local Government Awards

 

61  RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler that the Mayoral Minute on Penrith Council Highly Commended in Prestigious Local Government Awards be received.

 

3        Retirement of Facilities Operations Manager Gary Dean

 

62  RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Karen McKeown that the Mayoral Minute on Retirement of Facilities Operations Manager Gary Dean be received.

 

 

 

 

 

 

 

 

 

Leadership and Organisation

 

21      Presentation to Gary Dean                                                                                                

63  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Presentation to Gary Dean be received.

2.     Council recognise the long service and dedicated contribution made by Gary Dean in his career with Penrith City Council and extend its best wishes to Gary Dean and his family for a long and happy retirement.

 

His Worship the Mayor, Councillor Pat Sheehy AM, presented Gary Dean with a framed copy of the Mayoral Minute.

 

 

Reports of Committees

 

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

64  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 February, 2007 be adopted.

 

MASTER PROGRAM REPORTS

 

The City in its Broader Context

 

1        Request for sponsorship of the Solar Boat Challenge 2007                                            

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

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.

 

 

 

 

 

 

 

 

 

The City as a Social Place

 

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

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

 

7        Penrith Valley Community Safety Plan 2007 - 2010                                                         

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

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. 

 

 

9        Penrith Football Stadium                                                                                                    

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

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.

 

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

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

That:

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

2.     The Development Application 06/1226 be determined by granting deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act 1979. The condition listed in Schedule 1 is to be complied prior to the commencement of the consent. This condition shall be complied within a year of the date of the consent.

Schedule 1: Conditions to be complied with prior to Consent becoming operational

2.1       A drainage design plan detailing the method of stormwater drainage is to be submitted to and approved by Penrith City Council.  Where the disposal of drainage involves the provision of drains across lands owned by others, drainage easements shall be identified and design detailed. The width of the drainage easement is to be in accordance with Penrith City Council's Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments, Part 1-Design and Part 2-Construction

Schedule 2:  Conditions of Consent

Standard Conditions

2.2       A003 - Approved Plans

A008 - Works to BCA requirements

A017 - DA for use

A038 – Lighting locations (Stage 1 Occupation Certificate)

A039 – Graffiti

C003 – Uncovering relics

D001 - Implement approved sediment & erosion control

D002 – Spray grass

D008 - Filling compaction

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

D06A - No filling without prior approval

D025 – Storm water disposal

E002 - BCA issues to be addressed

E006 - Disabled access and facilities

E008 - Fire safety list with Construction Certificate

E009 - Annual fire safety-essential fire safety

E01A - BCA compliance for Class 2-9

G001 - Installation of services and service clearance

G002 - Section 73 (Stage 1 Occupation Certificate)

G004 - Integral Energy

H001 - Stamped plans & erection of site notice

H002 - All forms of construction

H030 – Roof finishes

H041 - Hours of work

I003 – Roads Act approval (Stage 1 Occupation Certificate)

K001 - Engineering Works DCP

K002 - WAE drawings & certificates

K009 - On-site detention (Stage 1 Occupation Certificate)

K025 - Pavement seal

K038 - Fill-Industrial (Stage 1 Occupation Certificate)

K040 - Line marking & signposting (Stage 1 Occupation Certificate)

L002 – Landscape construction

L003 – Report requirements (Stage 1 Occupation Certificate)

L006 – AS requirements

L007 – Tree protection measures

L008 – Tree preservation order

M008 - Linen Plan

M009 - 88B Instrument

Q001 - Notice of Commencement & Appointment of PCA

Q004 - Occupation/Compliance Certificate

Q008 - Subdivision Certificate

Special Conditions

 

2.3       A deceleration lane shall be provided on Castlereagh Road for left turn movements into the subject site. In this regard, the existing road shoulder along the Castlereagh Road frontage of the subject site (on approach to the proposed signalised fourth leg) can be used as an interim deceleration lane (until this section of Castlereagh Road is upgraded to its ultimate configuration)

2.4       The interim deceleration lane and access road will require the removal of the existing drainage works along the Castlereagh Road frontage of the subject site. The developer is to provide an ultimate drainage solution to ensure that the proposed driveway and interim deceleration lane is adequately drained and will not pose a road safety hazard (to the RTA’s satisfaction). In this regard, the Authority will accept the following drainage options:

b)         Permanent pit and pipe drainage either along Castlereagh Road or across the road to join the existing drainage on the western side of the road

c)         Permanent drainage by installation of 300mm ACO type drain from Lugard Street to the first pit to the north

            A concept design plan of the proposed interim deceleration lane and associated permanent drainage solution shall be submitted to the RTA for review, prior to the issue of the Construction Certificate

2.5       The applicant is to dedicate a strip of land as public road (at no cost to the RTA/Council) along the Castlereagh Road frontage of the subject site to enable a deceleration lane to be provided in the ultimate configuration of Castlereagh Road. This land dedication is to extend from the northern property boundary of the subject site to the proposed signalised fourth leg and is to be a width of 3.5 metres into the subject site along the full length of this dedication

2.6       An electronic copy of the SIDRA analysis is to be submitted to the RTA for review to determine the length of this right turn bay. The length of the right turn storage bay shall be determined at the concept design stage

2.7       The right turn storage bay will require stormwater drainage works. In this regard, detailed design plans and hydraulic calculations of the changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works

2.8       The proposed access road shall be designed as a road and not a driveway and it shall provide four lanes (two entry/two exit lanes) for a distance of approximately 30 metres from the stop line of the proposed signalised fourth leg in order to cater for an adequate queuing area

2.9       The design requirements of the signalised fourth leg and associated right turn storage bay and interim deceleration lane shall be in accordance with the RTA Road Design Guide and other Australian Codes of Practice. The certified copies of the design plans shall be submitted to the RTA for consideration and approval prior to the release of the construction certificate by Council and commencement of road works

            The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents

            The RTA fees for administration, plan checking, civil and signal works inspections and project management shall be paid by the developer prior to the release of the approved road design plans

            The applicant will be required to enter into a ‘Works Authorisation Deed’ for the above-mentioned civil and signal works on Castlereagh Road

2.10     The applicant shall provide an easement to allow the RTA to locate traffic signal components on their (private) property.

            In lieu of the above, the developer may be requested to dedicate a section of their (private) property as public road to allow the RTA to locate traffic signal components. The area of private property to be dedicated as public road must be sufficient to allow the RTA to locate and maintain its traffic signal components

2.11     The applicant will be required to provide an upfront 10 year operational fee for the provision of the proposed signalised fourth leg. The applicant will be advised of the total amount of this fee when detailed signal design plans are submitted to the RTA for approval. The approved plan will not be released until this fee is fully paid

2.12     The ‘Occupation Certificate’ for Stage 1 shall not be released until the signalised fourth leg and associated civil works is fully constructed and operational

2.13     All signal and civil works associated with the proposed development shall be at no cost to the RTA

2.14     The location of proposed underground services shall be adjusted so as to not pass through root zones of existing trees to be retained

2.15     Advertising sign shall not be in the form of flashing sign and it shall be constructed of high quality and durable materials

2.16     Remediation of the site shall be carried out prior to the issue of a construction certificate for any building works approved under the current development application

2.17     Trucks entering and leaving the site carrying construction materials that may generate dust shall be covered

2.18     Stockpiles of soil or other materials shall be covered or sprayed with water on a regular basis to control dust

2.19     Water saving measures, including but not limited to stormwater harvesting for landscape maintenance, are to be incorporated into the development. Details of the water saving measures proposed shall be submitted to Council prior to the issue of a Construction Certificate.

2.20     Future uses of trade centre units shall be in accordance with the definition of ‘building, hardware or garden supplies premises’ under Penrith Local Environmental Plan (LEP) – Industrial land 1996 and future uses of industrial units shall be consistent with those permissible in Zone 4(a) – General Industry under the above LEP

2.21     Where the disposal of drainage involves the provision of drains across lands owned by others, drainage easements shall be provided. The width of the drainage easement is to be in accordance with Penrith City Council’s Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments Part 1–Design and Part 2–Construction

            The easement shall be registered with the Land and Property Information division of the Department of Lands prior to the issue of an Occupation Certificate for Stage 1. A copy of the registered easement for drainage is to be submitted to the Certifying Authority and Penrith City Council, if Council is not the Certifying Authority

2.22     A total of 315 off – street parking spaces shall be provided and maintained for the development. 224 car parking spaces shall be provided for Stage 1 of construction of the development and 91 car parking spaces shall be provided for Stage 2 of construction of the development

2.23     A Community Management Plan shall be submitted to Council prior to the issue of an Occupation Certificate for Stage 1

2.24     Filling operations on the site shall only be permitted in conjunction with building works as detailed on the approved plans. The filling of the remainder of the site shall be restricted to a depth of 500mm.

2.25     Energy Efficiency requirements of Section J of the Building Code of Australia are to be met. Certification of compliance is to be provided by a suitably accredited consultant prior to the issue of an Occupation Certificate for each stage

2.26     All roadworks, dedications, off-site engineering works and Stage 1 landscaping shall be completed prior to issue of Occupation Certificate for Stage 1.

 

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

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

That:

1.     The information contained in the report on Development Application 06/1436 - Recreational Basketball Court including a Variation of Restrictive Covenant applying to Lot 14 DP 270417 (No. 26) Portrush Crescent, Luddenham be received.

2.     The terms of clauses (b) and (c) of the fourteenth Restrictive Covenant referred to in the Section 88B Instrument attached to Lot 14, DP 270417, be varied for Lot 14 only as follows:

“The burdened lot shall not be developed unless:

(a)       all boundary fencing is of a rural character

(b)       all development is in accordance with Part 6, Section 6.1 of the Penrith Development Control Plan 2006. This restriction does not prevent the erection of a recreation court within the setbacks nominated by the plan subject to the approval of Penrith City Council.

(c)       all residential dwellings comply with the Luddenham Equestrian Estate Building Siting and Design Code.” This restriction does not prevent the erection of a recreation court within the setbacks nominated by the code subject to the approval of Penrith City Council.”

 

 

 

3.     Development Application No 06/1436 for the construction of a recreation court be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

3.1       A02F – Approved Plans

A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

D001 – Sedimentation and Erosion Controls

E001 – BCA compliance

H01F – Stamped Plans and Erection of Site Notice

H041 – Hours of work

H011 – Engineering Plans and Specifications,

L001 – Landscaping General

Q01F – Notice of Commencement and Appointment of PCA

Q05F – Occupation Certificate

Special Conditions

 

3.2     Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands

 

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council

 

3.3     The court area is not to be provided with floodlighting without the prior approval of Penrith City Council

3.4     The recreation court and associated fencing and site works are confined to the portion of the site located above the 1% Annual Exceedance Probability for the site of RL 38.0m AHD. The court is to be set out by a registered surveyor and survey certificate confirming the location and level of the court is to be submitted to Council, prior to the pouring of the concrete slab

3.5     No portion of the recreation Court is to encroach over the dedicated 3m wide drainage easement which traverses the subject property.

4.     The Common Seal of Penrith City Council be affixed to the necessary documentation.

 

 

 

 

2        ArtsNSW Notification of Funding                                                                                      

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

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.

4.     Council write a letter of thanks, for this funding, to The Hon Bob Debus MP, Attorney-General.

 

His Worship the Mayor, Councillor Pat Sheehy AM, then vacated the Chair, the time being 8:35 pm, and the Deputy Mayor, Councillor Karen McKeown took the Chair, for consideration of Item 3 – History of Penrith Project – Volume 2.

 

3        History of Penrith Project - Volume 2                                                                               

72  RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler

          That:

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

2.      Council fund Phases 1 and 2 of this Project, in an amount of $51,000 ($17,000 to be provided from each Ward’s voted works).

3.      A further report be presented to Council on funding options for the remainder of this Project, as outlined in Phases 3, 4 and 5 in the report.

 

The Deputy Mayor, Councillor Karen McKeown then vacated the Chair, and His Worship the Mayor, Councillor Pat Sheehy AM returned to the Chair, the time being 8:41 pm.

 

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

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

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.

4.     A copy of the report on this matter be forwarded to the Little family.

 

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

74  RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Karen McKeown

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.

4.     A further report be presented to Council, detailing the result of negotiations with the Penrith Rugby Union Club and the Brothers Junior Rugby League Club, before the licence agreement is signed.

 

 

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

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

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 General’s Department.

3.     Council write a letter of thanks for the grant to the Hon Bob Debus MP, Attorney-General, and to the Hon Morris Iemma, Premier of New South Wales.

 

 

 

 

 

 

 

 

10      Lease of Arthur Neave Tennis Complex                                                                          

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

That:

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

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

3.     New tenders be called for the Lease of the 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

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

That:

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

2.     The submission made objecting to Clause 13(2)(a) of Penrith LEP 1998 (Urban Land) in accordance with State Environmental Planning Policy No. 1 – Development Standards be supported.

3.     DA06/1025 for the erection of 44 residential apartments, on Lots 4-8, DP 32610, known as 42-50 Union road, Penrith be granted consent subject to the following standard and non standard conditions:

Standard Conditions

3.1       A001          Approved plans

A008           BCA requirements

A014           Lot consolidation

A039           Graffiti

B002           Demolition and disposal

B003           Asbestos

B004           Dust

B005           Mud/soil

D001           Erosion and sediment controls

D009           Cover waste storage area

D010           Disposal of excavated waste

D013                    (Sebastian Giglio Acoustic Consultant dated 4/10/06.  The recommendations made in the abovementioned report are to be         implemented during the construction phase of the development)

D014           Plant and equipment noise

E01A          BCA Class 2-9

E002           BCA issues to be addressed (sprinkler system, closet pan)

E006           Disabled access and facilities

E008           Fire safety list

E009           Annual fire safety Class 2-9

G002           S73 certificate

G004           Integral Energy

G005           Rainwater tank

H001           Plans and site notice

H003           Traffic safety

H041           Hours of work

H011           Structural engineering plans and specifications

H022           Survey (basement floor slab level)

H024           Glass installations

H025           Garbage rooms

H029           Ventilation

H036           Rainwater tank

H037           Safe supply of water

H038           Connection of rainwater tank

H039           Rainwater tank pumps

I003            Roads Act approval (b, e, g, h, k, m).  All fees and charges associated with Roads Act approvals including infrastructure maintenance fees are to be paid to Council prior to the issue of a Construction Certificate

K001          Engineering Works DCP

K003          Drainage design

K019          Connect to Council’s system

K026          Stabilised access

L001           General landscaping

L002           Landscape construction

L003           Report requirement

L005           Plant material

L006           Australian standards

L008           Tree Preservation Order

N002          S94 – Cultural facilities $8,154.00

N003          S94 –  Footpath construction $6,251.00

N004          S94 – Library Facilities $22,559.00

N005          S94 – Open Space $66,591.00

P001           Costs

P002           Fees associated with Council land

Q001          Notice of commencement, PCA

Q006          Occupation Certificate Class 2-9

Q010          BASIX certificate

Special Conditions

General

3.2       Prior to the issue of a Construction Certificate, a design verification certificate from a qualified designer is to be submitted to the Principal Certifying Authority, verifying that the plans and specifications achieve or improve the design quality of the development, having regard to the design quality principles set out in SEPP 65

3.3       Prior to the issue of an Occupation Certificate, a design verification certificate from a qualified designer is to be submitted to the Principal Certifying Authority, verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles set out in SEPP 65

3.4       Unit Nos 8, 9, 10 and 11 are to be accessible in accordance with AS1428.  Full details are to be provided with the Construction Certificate

3.5       To improve solar access, Unit Nos 11, 24, 37, 38 and 40 are to be amended to provide an additional window in the eastern or western wall as applicable.   Full details are to be provided with the Construction Certificate

3.6       Prior to the issue of a Construction Certificate, and to safeguard against basement flooding, ground movements and impacts on neighbouring structures and streets, evidence from an appropriately qualified Geotechnical Engineer is required indicating that the depth of excavation and long term stability of the proposed building is satisfactory in relation to groundwater

 

 

3.7       Prior to the issue of a Construction Certificate,  amended plan(s) are to be submitted showing two bin storage rooms at ground level, (and not in the basement), each catering for general waste and recycling,  generally in the areas adjacent to Units 7 and 13, designed to comply with Council’s  requirements and the Building Code of Australia. The amended design will be approved by Council’s Waste and Community Protection Manager prior to a Construction Certificate being issued.  Access is to be provided to Council’s contractors.  The amended plan(s) are to be approved by Council’s Waste and Community Protection Manager prior to the Construction Certificate being issued

3.8       Prior to the issue of a Construction Certificate, the applicant is required to contact Deerubbin Local Aboriginal Land Council, PO Box 3184 Mt Druitt Village NSW 2770, ph 9832 2457 to receive that council’s requirements

3.9       A schedule of external colours and materials, consistent with the coloured photomontage provided in support of the application, shall be provided to Council for consideration prior to the issue of a Construction Certificate

Safety and Security

3.10     Prior to the issue of an Occupation Certificate, lighting for the development is to be provided in the following manner:

(a)   entrances/exits to all units, communal spaces, walkways and the basement areas shall be well lit to clearly illuminate thee areas where people are most vulnerable

(b)   All lighting shall be vandal proof

(c)   Lighting shall be contained within the property boundary and no lights shall be projected upwards

(d)   No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians

3.11     Prior to the issue of an Occupation Certificate, treatment to the basement car parking area is to be provided in the following manner:

(a)   The basement car park shall be accessible by residents and their authorised guests only

(b)   An electronically operated boom gate shall be installed at the top of the entry ramp into the underground car park on the eastern side of the development to prevent unauthorised vehicles descending the ramp

(c)   A security system shall be installed on the entry/exit points to the basement, including lifts and internal/external stair wells, eg use with swipe card or appropriate security system

 

 

 

(d)   The lift doors shall be of a material that can be seen through or have a glass see through window placed in the door to allow people to see out and in as the lift arrives at each floor

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

(f)    All potential entrapment points in the basement car park such as wide columns and under stair recesses shall have mirrors and additional lighting installed

3.12     Prior to the issue of an Occupation Certificate, the building shall be clearly identified and signposted to assist visitors and emergency services

3.13     Prior to the issue of an Occupation Certificate, security of the complex is to be provided in the following manner:

(a)   A security monitoring system shall be installed at the entry/exit points of the building

(b)   All doors and windows shall be installed with dead locks and window locks to avoid vulnerable break and enter points, particularly at ground floor balcony doors

(c)   Visitor identification “peep holes” shall be installed on all front doors

(d)   The front fence is to include see-through panels to avoid concealment

3.14     Prior to the issue of an Occupation Certificate, and during the life of the development, the walkways are to be treated as follows:

(a)   All walkways, including walkways to public areas and associated stairs are to be open and clear of walled areas and possible entrapment spots

(b)   All walkways should be clearly able to be viewed from building windows unhindered by vegetation or other obstructions

(c)   Access to the internal common areas should be limited to occupants and their authorised guests to ensure that the facilities do not provide excuse making opportunities for unauthorised people entering the development

3.15     Prior to the issue of an Occupation Certificate, garbage rooms shall be treated as follows:

(a)   garbage storage rooms designated for this purpose shall have doors that include large windows to allow people to see into the room before they enter

(b)   the entrances to the garbage rooms shall be well lit

(c)   sustainable lighting solutions shall be implemented to allow these rooms to be lit on a permanent basis

3.16     In order to improve surveillance, provide clear lines of sight and avoid concealment areas in the public areas and along the frontages of the site

3.17     Vegetation with top to bottom foliage shall be avoided, low ground cover or high canopied vegetation shall be planted

3.18     Dense vegetation shall not be used to screen communal open space areas, walkways or fencing

Construction

3.19     The procedures outlined in the Construction Management Plan, prepared by Cavasinni Constructions Pty Ltd, be adopted

Landscaping

3.20     Prior to the issue of an Occupation Certificate, and to improve legibility and define entries, feature trees shall be planted in sufficient planting beds at the pedestrian entrances from Union Road

3.21     The landscaping is to include taller (12m) tree planting to the southern parts of the development

3.22     In accordance with the adopted Master Plan for the site, no solid fence or retaining walls more than 1.2m from natural ground level in Union Road frontage

Advice

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

3.24     Any temporary loading zones required during construction will be the subject of a separate application to the Local Traffic Committee and payment of the appropriate fees.

 

The City In Its Environment

 

Having previously declared a pecuniary interest in Item 16, Councillor John Thain left the meeting, the time being 9:01 pm.

 

15      Drainage Sub-Catchment Prioritisation                                                                            

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

That:

1.     The information contained in the report on Drainage Sub-Catchment Prioritisation be received.

2.     Council endorse the prioritised sub-catchments for advancement of the detailed flood studies and the submission of grant applications under the Floodplain Management Program.

 

14      Pesticide Notification Plan                                                                                                 

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

That:

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

2.     The Pesticide Notification Plan attached to this report be adopted by Council.

 

16      Domestic Waste Contract Tenders                                                                                   

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

That:

1.     The information contained in the report on Domestic Waste Contract Tenders be received.

2.     VISY Recycling be appointed as the preferred tenderer for recycling services.

3.     SITA Environmental Services be appointed as the preferred tenderer for garbage and organic collection Services.

4.     SITA Environmental Services be appointed as the preferred tenderer for the processing and treatment of organics.

5.     WSN Environmental solutions be appointed as the preferred tenderer for the treatment/processing and disposal of garbage and residual waste.

6.     The Waste & Community Protection Manager, in consultation with the Legal Officer, be authorised to negotiate contracts consistent with this report.  The details of the negotiations be reported to the Domestic Waste Working Party and if the Working Party is satisfied the Common Seal of Council of the City of Penrith be placed on all necessary documentation.

7.     The appropriate industrial bodies be advised of Council’s decision in this matter.

 

22      Additional Information on the Domestic Waste Contract Tenders                                 

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

That:

1.      The information contained in the report on Additional Information on the Domestic Waste Contract Tenders be received.

2.      The appropriate industrial bodies be advised of Council’s decision in this matter.

 

 

 

 

 

17      Non Domestic Waste Contract Tenders                                                                           

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

That:

1.     The information contained in the report on Non Domestic Waste Contract Tenders be received.

2.     Remondis be appointed as the preferred tenderer for Effluent Collection Services.

3.     A further report be presented to Council on the tender for Civic Waste Collection and Disposal Services.

4.     Remondis be the preferred tenderer for Street Litterbin Waste Collection and Disposal Services.

5.     The Waste & Community Protection Manager, in consultation with the Legal Officer, be authorised to negotiate contracts consistent with this report.  The details of the negotiations be reported to the Domestic Waste Working Party and if the Working Party is satisfied the Common Seal of Council of the City of Penrith be placed on all necessary documentation.

6.     The appropriate industrial bodies be advised of Council’s decision in this matter.

 

Councillor John Thain returned to the meeting, the time being 9:06 pm.

 

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

83  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Rezoning Application - Penrith Homemaker Centre. Lot 10 DP 1046110 (Nos. 13-23) Pattys Place, Jamisontown. Applicant: Restifa and Partners. Owner: Pivpen Pty Ltd. be received.

2.     Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, and Regulation, Council prepare and exhibit an amendment to Penrith Local Environmental Plan 1996 - Industrial Lands.

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

 

The City Supported by Infrastructure

 

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

84  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Proposed Mamre Road Bridge duplication over the M4 Motorway - Submission be received.

2.     Council endorse a submission on the proposed Mamre Road Bridge duplication over the M4 Motorway to the RTA as outlined in this report.

3.     Council write a letter of thanks to the Member for Mulgoa, the Hon Diane Beamer MP, and the Minister for Roads, the Hon Eric Roozendaal MLC.

 

Leadership and Organisation

 

20      Department of Local Government Skills Shortages Scholarship Program                     

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

That:

1.     The information contained in the report on Department of Local Government Skills Shortages Scholarship Program be received.

2.     Approval be given to accept the grant from the Department of Planning.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      St Clair Youth Neighbourhood Team Camping Project                                          

Councillor Greg Davies requested that $1,500 be allocated from East Ward voted works for part subsidy of the St Clair Youth Neighbourhood Team Camping Project.

86  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

87  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that $1,500 be allocated from East Ward voted works for part subsidy of the St Clair Youth Neighbourhood Team Camping Project.

 

 

 

 

QWN 2      Entertainment Complex                                                                                            

Councillor Greg Davies requested an urgent report to Council on the feasibility of, and funding options for a 5,000 seat entertainment complex to be located in the City of Penrith.

 

QWN 3      Homework Centre Proposal                                                                                     

Councillor David Bradbury requested an update on his request of November 2006, for a report to Council concerning the Homework Centre proposal.

 

Councillor Greg Davies left the meeting, the time being  9:20 pm.

 

QWN 4      Western Embankment of River Road                                                                     

Councillor Karen McKeown requested that a Management Plan be prepared for the western embankment of the Nepean River, along River Road, from Emu Plains to Leonay.

 

QWN 5      Carbon Neutral Status                                                                                              

Councillor Karen McKeown requested a report to Council on how Penrith can achieve a carbon neutral outcome/status.

 

Councillor Greg Davies returned to the meeting, the time being 9:26 pm.

 

QWN 6      Parklawn Shopping Centre, North St Marys                                                           

Councillor John Thain requested an urgent report to Council concerning the possibility of closing the side lanes at Parklawn Shopping centre, providing better security lighting, as well as the possibility of providing a sign to direct customers to the location of the shops and goods available.

 

QWN 7      Policy on Unclaimed Monies                                                                                    

Councillor Ross Fowler requested a memo reply advising on Council’s policy regarding unclaimed monies and what actions are taken prior to forwarding on unclaimed monies.

 

QWN 8      River Road - Nepean River                                                                                     

Councillor Jim Aitken OAM requested a report to Council addressing issues raised at the recent River Road Residents Meeting, and supported by 300 signatures, with the report to stipulate who is responsible for the removal of noxious weeds in the area.

 

QWN 9      Castlereagh Road Extension                                                                                    

Councillor Jim Aitken OAM requested a report to Council on the construction and design of  the new Castlereagh Road extension at Cranebrook, in particular the camber in the vicinity of the Nepean Street turnoff.

 

 

 

 

QWN 10    River Road - Nepean River                                                                                     

Councillor Garry Rumble requested a report to Council in response to residents’ concerns about the condition of the embankment, and addressing the preparation of a plan of management for the area, which would include tree pruning and culling to enhance views for visitors and residents, as well as the eradication of all noxious weeds and plants along the embankment.  This report is also to provide advice on Council’s financial capacity to carry out a regular mowing program of the embankment, and is also to address the setting up of a residents’ action committee to meet regularly to guide the process. 

Councillor Rumble also requested that assistance be sought from Hawkesbury River Council, to accelerate their activities in the control of all noxious weeds along the River Road Embankment.

 

QWN 11    Castlereagh Road Extension                                                                                    

Councillor Garry Rumble requested a memo reply concerning engineering compliance of the new Castlereagh Road extension at Cranebrook, in particular if all roadworks including line marking, reflectors etc have been completed, compliance of pavement widths and camber and crossfalls, if further guideposts and reflectors will be provided, and if any other complaints about the construction have been received.

 

QWN 12    After Hours Phone Line                                                                                           

Councillor Garry Rumble requested that Council’s phone recording advising of meeting days be altered to reflect the new meeting cycle.

 

QWN 13    Llandilo - Drainage System                                                                                      

Councillor Kevin Crameri OAM requested a report to Council, providing an urgent review and audit of the Llandilo Drainage System.

 

QWN 14    Rural Roads                                                                                                              

Councillor Kevin Crameri OAM requested a report to Council concerning the ponding of water on rural road pavements as a result of grass along the road edges not being cut to a length that allows proper drainage of the road surface.

 

QWN 15    Water flow from Xavier College, Llandilo                                                               

Councillor Kevin Crameri OAM requested a report to Council addressing the problem of water flowing from the Xavier College property in Llandilo, across Ninth Avenue, and back across the road into the ADI site, causing road flooding.

 

QWN 16    Removal of Tree - Ninth Avenue, Llandilo                                                             

Councillor Kevin Crameri OAM requested a report to Council concerning the removal of a tree in Ninth Avenue which is causing a hazard for drivers in the area.

 

 

 

QWN 17    Fire Hazard - Northern Road, Llandilo                                                                    

Councillor Kevin Crameri OAM requested a report to Council concerning the possibility of carrying out fire hazard reduction works on the eastern side of the Northern Road, north of Cherrywood.

 

QWN 18    Finance Working Party - Item regarding quarries                                                  

Councillor Kevin Crameri OAM requested a report to Council concerning the fees paid to Council by quarries.

 

 

QWN 19    Committee of the Whole Matter                                                                              

Councillor Lexie Cettolin advised that she had a Question Without Notice to be raised in Committee of the Whole.

 

Committee of the Whole

 

88  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:46 pm.

 

1        Presence of the Public

 

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

 

 

City as an Economy

 

2        Commercial Matter - Council Property former Q Theatre site 46-50 Belmore 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.

 

 

Leadership and Organisation

 

3        Personnel Matter - Senior Staff                                                                                        

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:58 pm and the Legal Officer reported that the Committee of the Whole met at 9:46 pm on 5 March 2007, the following being present

 

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble 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        Commercial Matter - Council Property former Q Theatre site 46-50 Belmore Street, Penrith                                                                                                                                             

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

          CW2 That:

1.     The information contained in the report on Commercial Matter - Council Property former Q Theatre site 46-50 Belmore Street, Penrith be received.

2.     Council agrees to the leasing of the vacant land on part of the former Q-Theatre site in the form of a “Licence Agreement” in accordance with the terms and conditions as outlined in the report.

 

Question without Notice – Personal Matter

 

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

 

          CW3 That the information be received.

 

 

3        Personnel Matter - Senior Staff                                                                                        

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler

CW4 That the information contained in the report on Personnel Matter - Senior Staff  be received.

 

 

 

 

 

 

 

 

 

ADOPTION OF Committee of the Whole

 

89  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kaylene Allison that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

 

There being no further business, the Chairperson declared the meeting closed, the time being 10:00 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                                        


  

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Disability Access Committee Meeting held on 7 February 2007

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 March 2007

 

3        Report and Recommendations of Policy Review Committee Meeting held on 12 March 2007

 

 



Ordinary Meeting

26 March 2007

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Disability Access Committee MEETING

HELD ON 7 February, 2007

 

 

 

 

PRESENT

Councillor Jackie Greenow (Chair), David Currie, Jill Huber, Allison Herbert, Maeve Dunnett, Tricia Hitchen (5.43pm).

 

IN ATTENDANCE

 

Athena Kandris, Aged and Disability Officer; Joe Ibbitson, Community Program Co-ordinator; Vanessa Muscat, Environmental Health and Building Surveyor; Graham Howe, Building Projects Co-ordinator; Liza Cordoba, Senior Environmental Planner; Hans Meijer, Asset Systems Manager; Ruth Goldsmith, Local Planning Manager; Steve Barratt, Building Approval Unit Co-ordinator; Erich Weller, Community Development Manager; Ben Felten, Disability Access Officer (5.30pm).

 

APOLOGIES

DAC 1 RECOMMENDED that apologies be accepted from Councillor John Thain and Councillor Lexie Cettolin.

 

Councillor Jackie Greenow welcomed the Disability Access Committee members to the first meeting of 2007.

 

CONFIRMATION OF MINUTES - Disability Access Committee Meeting - 6 December 2006

DAC 2 RECOMMENDED that the minutes of the Disability Access Committee Meeting of 6 December 2006 be confirmed.

 

DECLARATIONS OF INTEREST

 

No declarations of interest.

 

MASTER PROGRAM REPORTS

 

The City in its Broader Context

 

1        Presentation of Exhibited Draft Penrith City Centre Plan                                               

Ruth Goldsmith, Local Planning Manager, introduced the report and presentation of the Exhibited Draft Penrith City Centre Plan.  Ruth explained that the plans to be presented came from work completed on the future of Penrith and St Marys developed through a partnership with the State Government.  The Plan comprises four documents for the Penrith City Centre:  Vision, a Local Environmental Plan, a Development Control Plan and a Civic Improvement Plan.

 

Vanessa Muscat made the following comments on the plans:

 

·    Additions to a building do not clearly define that consideration is to be given to carry out work to make it compliant with the relevant standards.

·    Reference in the books is made to a disabled person, this is not correct grammar. Reference should be made to “a person with a disability.”

·    There is no clear reference to the DDA and AS or the BCA to ensure compliance for access.

·    Reference should be made to a “shoreline” located along the front of the building and to create simple facades for safe access within the public space.

·    The city centre plan should also outline the requirement for an access report from a qualified access auditor.

·    There is a need for a general clause to be incorporated in the LEP to particularly address access and further details provided in the DCP.

·    Mobility plan has to be integrated in right at the beginning

·    Provision for buses – residents who are either frail or have a disability going out for day trips and parking.

·    Stop and go areas.  Provision of short-term drop-off and pick-up points for people with disabilities.

 

After discussion the Committee made the following comments:

 

·    Look at the relationship between the DDA, BCA and Australian Standards guidelines – see if aligned, and are consistent in these documents.  Highlight what that issue is – building designers need to grapple with that.

 

·    Buses – residents going out for day trips.  Parking needs to be close to High School.  Consideration for small community buses to be parked in close proximity whilst clients are having lunch nearby.  Travelling and distance clients have to walk is factored in by diversional/activity therapists when organising outings for clients, thus, the longer the trip and distance the shorter the time clients have to lunch or be outdoors. 

 

·    Community Participation Program – all clients have to be out in the community all day every day.  Services want the program to succeed and it means we often have adults that are going to be out in the community who can’t walk long distances.  At the Lakes there is the road base and we can’t push wheelchair along that.  

 

·    More detailed planning that will sit underneath the LEP/DCP.  This includes the public domain improvement plan.  It is at that level we can discuss this.

 

·    Encouraged by Council talking about mobility instead of pedestrians. 

 

·    We are all aware of access in city improvements, e.g. shuttle bus. 

 

·    Include identified ‘accessible paths of travel’ on the pedestrian maps  – these identify how people could move through the city in a wheelchair

 

 

 

·    When taking clients out into the community you need accessible pathways for wheelchairs – it is important for them to walk but many can’t walk more than 50m.  Seating areas with shade in close proximity is needed.

 

·    Mobility through the city – this needs to be happening at the conceptual stage and followed all the way through.  Mobility is a lot of different things to different people, needs to be safe, some will use a walking frame or have to sit down frequently – this needs to be integrated and a consistent approach taken.

 

·    It’s got to be done at master planning stage.

 

·    Toilets within each block.

 

·    When you restrict car flow you naturally get a lot more pushbikes, then you get bikes and scooters on footpaths.  There is limited capacity on footpaths.  This requires careful consideration.

 

·    Clear delineation about where things should be, parking, defining access ways into buildings.

 

A formal response to the exhibition will be put together from these comments.

 

DAC 3 RECOMMENDED that:

                                                        

1.         The information contained in the report and the Presentation of Exhibited Draft Penrith City Centre Plan be received.

 

2.         Ruth Goldsmith be thanked for making the presentation to the Disability Access Committee.

 

3.         Vanessa Muscat be thanked for all her work going through the plans.

 

 The City as a Social Place

 

2        25th Anniversary of International Day for People With Disabilities 2006                      

Athena Kandris gave an overview of the Council celebrations for the International Day for People with Disabilities 2006.  Athena informed the meeting that it was a very successful day with lots of positive feedback from the community as well as carers.  Athena reported that services are now linking in with the part-time workers from Accessible Arts.

 

David Currie advised the day was well attended, well run, and provided an opportunity for good networking.

 

Allison Herbert advised that her clients enjoyed the day.  She is trying to promote accessible arts through her organisation.  Allison said that events like this give people with intellectual disabilities a way to contribute.

 

Joe Ibbitson said that the Sound Circles were a real eye-opener and the potential impact with clients would be enormous.

 

DAC 4 RECOMMENDED that:

 

1.       The information contained in the report on 25th Anniversary of International Day for People With Disabilities 2006 be received.

 

2.       Athena Kandris, Joe Ibbitson, Erich Weller and Ben Felten be commended for their work on International Day for People with Disabilities 2006.

 

3        Disability Action Plan - Consultations and Review

Joe Ibbitson explained that the report discusses the background of the Disability Action Plan over the past three years and the next phase of the process.

 

There was some discussion about the consultations held with committee members, community representatives and internal staff.  There was basic agreement from all consultations on aspects of disability access where there has been improvement and where further enhancement is needed.

 

Where do we go next?  The community was really pleased to be consulted about the Disability Action Plan.  The next phase is to go back to the community and start talking to them about where they want to see the priority given in the future and what those areas might be.

 

Some suggestions for the next stage of the process were:

 

·    obtain some advice and assistance with facilitating consultation with the community

·    flexibility in the next plan

·    operate at a strategic level

·    hold more regular meetings with the community

·    possibility of holding a Disability Access Forum

·    opportunity for Council to take the leadership role with the community

·    involve key business leaders in the community

·    these key partnerships may provide additional opportunities for people with a disability for possible employment and traineeships

·    take consultation to local suburbs, e.g. Erskine Park, South Penrith

·    suggestion to have smaller groups of people, possibly at libraries or community centres

·    access issues to be incorporated into the management plan (however it should be noted that service specifications determine Council’s service delivery).

 

Other matters discussed were:

 

·    Council has come a long way especially with awareness and commitment, education and communication 

·    more promotion be undertaken of the Committee’s achievements

·    possibility of including a CALD person or a young person on the committee next year

 

 

·    raising the profile of Council’s leadership in the area, e.g. Disability Access Committee on Council’s website

·    possibility of taking on a regional role regarding access in transport

·    consult with other councils as well as community groups.

 

There was some discussion about a name change.  Some suggestions were:

 

·    Disability Inclusion

·    Disability Awareness

·    Accessible Access

·    Accessibility Action Plan

 

DAC 5 RECOMMENDED that:

 

1.     The information contained in the report on Disability Action Plan - Consultations and Review be received.

2.     That further community consultations be held in the development of a second iteration of Council’s Disability Action Plan.

 GENERAL BUSINESS

 

GB 1          Launch of “Looking after me” Project”

 

Maeve Dunnett informed the committee that the report for her project “Looking after me” would be launched on 26th February in the Library Theatrette.  The report will be launched in conjunction with the Violence Against Women Regional Forum.  Maeve advised everybody is welcome to attend.  There will be a Speaker at 10.00am and at 10.30am Karyn Paluzzano will launch the report after which there will be a morning tea.  Maeve agreed to send information about the launch to Athena who will forward on to committee members.

 

GB 2          Bus Shelters

                  

Graham Howe advised there will be 10 new bus shelters and an access consultant will look at them before they are built.  There is a new design for seats with handrails and a back.  There will be seats on either side so people can sit out of the sun.  Shelters will be put up in King Street (Lemongrove Village) and this will be a trial.

 

GB 3          Development Applications   

 

Vanessa Muscat presented three development applications to the committee.

 

1.       Alterations to Penrith RSL Club

 

Construction of first floor outdoor eating terrace area.  Demolished house in Lethbridge Street.  It was recommended that the existing lift be upgraded for people with disabilities.

 

 

 

2.       Alterations and Additions to St Marys Leagues Club

 

Extensions to existing club.

 

3.         Two Buildings – Medical centre and a Day Surgery – a staged development at the intersection of the Great Western Highway and Parker Street with the hospital.

 

The first building will be a medical centre.  The second building will be the day surgery building, which will alleviate day surgery in Nepean Hospital.

 

Concern was expressed regarding parking ratios for patients to service providers and confirm re the operation of the boomgate.

 

GB 4         Trainee in Development Services

 

Ben Felten advised that the Developmental Services team have a trainee with a guide dog who is undertaking a two year administrative traineeship.  She is one of about 250 people who applied for 25 traineeships at Council.

 

Vanessa Muscat said that the department has organised to get the trainee’s workstation audited and she is looking forward to working with her.

 

Ben Felten advised the committee of a Federal Government website- jobaccess.gov.au, which has accessibility information.

 

GB 5         Great River Walk

 

Joe Ibbitson advised of an invitation to the opening of the Great River Walk on 21st February at 10.00am. 

The Walk starts at Cassola Place, 500 yards – where the bank goes down is where the official ribbon cutting will be.  There are two options – go around to Cassola Place, access Great River Walk and go back around to JK Williams.  The other option is to open the gates and drive across the paddock.  What they have is not the best solution – gradual slope 1 in 20 but it does have a handrail. 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.55pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Disability Access Committee meeting held on 7 February, 2007 be adopted.

 

 


Ordinary Meeting

26 March 2007

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 March, 2007

 

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Mayor Councillor Sheehy – Representative for the Member for Londonderry, Acting Sergeant Mick Down – Penrith Police, Senior Constable Mark Elliott - St Marys/Regentville Police, James Suprain – Roads and Traffic Authority

 

IN ATTENDANCE

 

Phil Sayles – Westbus, Stephen Barnes – Senior Traffic Engineer, David Drozd – Consulting Traffic Engineer, Sharon Maddox – Road Safety Co-ordinator, Burnadine Torrens – Road Safety Trainee, Eric Ryffel – Ranger, Mary Jaser – Graduate Engineer, Hamish Dodson – Trainee Engineer

 

APOLOGIES

LTC 14  Deputy Mayor Councillor McKeown – Representative for the Member for Mulgoa, Councillor Greenow, Tim Horan – Representative for the Member for Penrith, Michael Pruss – Westbus.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting – 5 February 2007

LTC 15  That the minutes of the Local Traffic Committee Meeting of 5 February 2007 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

1        Westerly Way, Glenmore Park - Parking & Traffic Congestion During Sporting Events       

RECOMMENDATION

LTC  16  That:

1.     The information contained in the report on Westerly Way, Glenmore Park - Parking & Traffic Congestion During Sporting Events be received.

2.     ‘No Parking 3.30pm-6.30pm Monday-Friday & 8am-6pm Saturday’ be installed on Westerly Way (southern side), between Glengarry Drive and Torquay Terrace, Glenmore Park, subject to no objections being received from the residents of numbers 2-10 Westerly Way.  If any objections are received, a further report to be submitted to the Committee for consideration prior to implementation of the signage.

3.     Council’s Parks Construction & Maintenance Manager be advised of this report, with a view to increasing the parking provision for purpose built sporting field car parks and/or providing sufficient overflow parking area to accommodate anticipated parking demand.

4.     The resident be advised of Council’s resolution.

 

2        Aster Close, Glenmore Park - Proposed Closure of Connecting Link Road                  

RECOMMENDATION

LTC 17  That:

1.     The information contained in the report on Aster Close, Glenmore Park - Proposed Closure of Connecting Link Road be received.

2.     The views of all affected residents in Aster Close, Jasmine Close and Wisteria Way, Glenmore Park, in addition to comments from emergency service authorities and waste collection contractors, be sought in respect of the proposed closure, and the results of the survey form the basis of a further report back to the Local Traffic Committee.

 

3        Eddy Street& Ashwick Circuit, St Clair - Proposed Intersection Improvements           

RECOMMENDATION

LTC 18  That:

1.     The information contained in the report on Eddy Street & Ashwick Circuit, St Clair - Proposed Intersection Improvements be received.

2.     A Give Way treatment be implemented at the intersection of Eddy Street and Ashwick Circuit, St Clair with the ‘Give Way’ sign and associated holding line positioned for the northbound approach in Ashwick Circuit at Eddy Street.

3.     The resident be advised of this recommendation.

 

4        Hall Street, St Marys - Request for Extension of 'No Stopping' Restriction                 

RECOMMENDATION

LTC 19  That:

1.     The information contained in the report on Hall Street, St Marys - Request for Extension of 'No Stopping' Restriction be received.

2.     Approximately 60m of part-time ‘No Parking 3:00pm-6:00pm Mon-Fri’ restrictions be provided on the northern side of Hall Street, St Marys, fronting St Marys RSL Club, east of the existing ‘No Stopping’ restrictions, at the intersection of Mamre Road.  Council to investigate the feasibility of extending the lane lines in a westerly direction in Hall Street.

3.     The St Marys/Regentville Police representative and St Marys RSL Club management be advised of the Committee’s recommendation.

 

5        Queen Street, St Marys - Request for Extension of Existing ‘No Parking Police Vehicles Excepted’ Signposting                                                                                                        

LTC Comment

The St Marys/Regentville Police representative advised that investigations have been undertaken and the proposed extension of the ‘No Parking Police Vehicles Excepted’ signage in Queen Street is not required at this time.

RECOMMENDATION

LTC 20  That:

1.     The information contained in the report on Queen Street, St Marys - Request for extension of existing No Parking Police Vehicles Excepted signposting be received.

2.     The proposed extension of ‘No Parking Police Vehicles Excepted’ signage in Queen Street, St Marys not be implemented, as requested by St Marys/Regentville Police.

 

6        Barker Street/Hall Street, St Marys - Proposed Double Barrier Linemarking             

RECOMMENDATION

LTC 21  That:

1.     The information contained in the report on Barker Street/Hall Street, St Marys - Proposed Double Barrier Linemarking be received.

2.     Approximately 30m of double barrier linemarking be provided on each approach and around the bend at the intersection of Hall Street and Barker Street, St Marys.

3.     The St Marys/Regentville Police be advised.

 

7        Station Street, Penrith - Request for Creation of Temporary ‘Work Zone’                   

RECOMMENDATION

LTC 22  That:

1.     The information contained in the report on Station Street, Penrith - Request for Creation of Temporary ‘Work Zone’ be received.

2.     The proposed temporary ‘Work Zone’ on Station Street, Penrith not be approved.

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

 

 

GENERAL BUSINESS

 

GB 1          Spencer Street/School House Road, Regentville – Request to Extend ‘No Stopping’ Restrictions  (Raised Council)                                                                                                    

Councillor Susan Page has raised concerns about parking and traffic congestion issues in Spencer Street and School House Road at Mulgoa Road, Regentville, with issues primarily occurring during peak commuter and peak school traffic times.

 

Councillor Page has indicated that the present ‘No Stopping’ restrictions do not extend back far enough from the traffic signals of Mulgoa Road, and that during peak traffic periods vehicles are finding it difficult to pass each other in both Spencer Street and School House Road after turning in from Mulgoa Road.

 

Spencer Street is a local street with a width of 9m and double barrier line marking extending back approximately 60m from its intersection with Mulgoa Road.  ‘No Stopping’ restrictions in Spencer Street extend for a distance of approximately 25m west from Mulgoa Road on the northern side and 20m west on the southern side.  With cars parked in Spencer Street, travel lane width is reduced to approximately 2.5m per direction of travel.

 

A site inspection was undertaken and it was revealed that due to the narrow road width in Spencer Street, there is limited distance between parked cars and the double barrier line and therefore vehicles would track on the double barrier lines.  As vehicles require a 3m clearance from a double barrier line, it is observed that the existing ‘No Stopping’ restrictions require extension to cover the distance of the double barrier lines.

 

School House Road has a width of 11m and the extension of ‘No Stopping’ restrictions does not appear to be necessary or warranted at this time.

 

RECOMMENDATION

 

LTC 23  That:

 

1.   Investigations be undertaken by Council into the existing signage and linemarking in Spencer Street, between Mulgoa Road and Gibbes Street, Regentville, and a further report to be submitted to the Local Traffic Committee.

 

2.   Councillor Page be advised of Council’s resolution.

 

GB 2          Kazanis Circuit, Werrington – Pedestrian Safety  (Raised Council)                     

Council has received representations from Allan Shearan MP, Member for Londonderry, on behalf of some residents in the Werrington area, requesting improvements to pedestrian safety in Kazanis Circuit, Werrington, as there appears to be confusion regarding the pedestrian pick up and set down arrangements on the northern side of Werrington Railway Station.

 

 

Kazanis Circuit is a one-way local street located on the northern side of Werrington Railway Station, with a width of 10m.  Drivers are able to set down passengers on the eastern side and part of the western side of Kazanis Circuit in a ‘No Parking’ area, however a ‘No Stopping’ sign (double arrow) exists on the southern side of Kazanis Circuit, with no corresponding ‘No Stopping’ signage.

 

It is believed that there is some confusion for motorists, as the signage is inconsistent.  There is no reported accident history in Kazanis Circuit, and due to the 10m width there would be benefit in formalising the ‘No Parking’ area around Kazanis Circuit to facilitate dropping off and picking up of commuters at the station.

 

It is therefore proposed that the ‘No Stopping’ sign (double arrow) on the southern side of Kazanis Circuit be replaced with a ‘No Parking’ sign to correspond with existing ‘No Parking’ signage and provide a better ‘Kiss & Ride’ opportunity.

 

RECOMMENDATION

 

LTC 24  That:

 

1.   The ‘No Stopping’ sign (double arrow) on the southern side of Kazanis Circuit, Werrington be replaced with a ‘No Parking’ sign (double arrow) to correspond with existing ‘No Parking’ signage in Kazanis Circuit.

 

2.   Allan Shearan MP, Member for Londonderry, be advised of Council’s resolution.

 

GB 3          Joseph Street, Kingswood – Request for Provision of ‘Bus Zone’  (Raised Council)

Council has received a request from a resident for the provision of a full-time ‘Bus Zone’ outside the Grace Bible Church at 80 Joseph Street, Kingswood, near St Josephs Private School.

There is an existing Bus Stop strip sign located on a telegraph pole outside 80 Joseph Street, Kingswood, and advice has been received that drivers are parking their vehicles at the bus stop and blocking access for buses.  Westbus representative, Michael Pruss, was contacted regarding this matter, and he acknowledged that this was the case, especially during school periods.

 

Formalising the bus stop to create a full-time ‘Bus Zone’ would necessitate the introduction of ‘Bus Zone’ signage between the driveway of Grace Bible Church (number 80-82) and the driveway of number 84 Joseph Street, Kingswood.  The ‘Bus Zone’ would therefore be approximately 18m in length, not including the lengths of both driveways, which would assist bus ingress and egress.

 

There would be a benefit in formalising the existing Bus Stop to a Bus Zone and there would be no disadvantage to traffic and parking as a result.

 

 

 

 

 

RECOMMENDATION

 

LTC 25  That an 18m long ‘Bus Zone’ be installed on the southern side of Joseph Street, Kingswood, between the driveway of Grace Bible Church (number 80-82) and the driveway of number 84 Joseph Street, Kingswood.

 

GB 4          Henry Street, Penrith – Request for Provision of Part-time Temporary Clearway Restrictions  (Raised Council)                                                                                                    

Council has recently been advised by Penrith Police that Penrith Courthouse is to be the venue for Committal proceedings for a number of persons charged with terrorism offences.  The Committal proceedings are to commence on Monday. 5 March 2007, and the duration of the proceedings is not clear at this stage, but is expected to last for approximately three months, and will be conducted Monday to Friday inclusive.  The Police also indicated that the trial may take longer than three months, and could occur over a period of 12 months, however this is yet to be determined.

 

As part of the security evaluation process, a number of risks have been identified which require management/mitigation.  These issues relate to:

 

·    parking arrangements on both sides of Henry Street between Lawson Street and Evan Street

·    security of Council’s public carpark adjacent to the Library Annex building.

 

To facilitate improved security within the precinct of the courthouse in Henry Street, it is intended to implement a ‘Clearway 6:00am-6:00pm Mon-Fri’ on both sides of Henry Street, between Lawson Street and Evan Street, initially for a period of three months with a possible extension (in intervals of three months) up to 12months, subject to confirmation by Police at a later date.  All existing parking restrictions in Henry Street in the above location will apply outside of the Clearway hours.

 

In respect of the security of Council’s public carpark, it is intended to barricade the entry and exit points, with Police personnel monitoring all entry and egress from this carpark.  It is noted that the Attorney General’s Department has a current lease over a number of parking spaces within this public carpark.

 

RECOMMENDATION

 

LTC 26  That:

 

1.   Temporary ‘Clearway 6:00am-6:00pm Mon- Fri’ restrictions be implemented for an initial period of three months, subject to review, on both sides of Henry Street between Lawson Street and Evan Street, Penrith.

 

2.   Police manage the ingress and egress of vehicles at Council’s public carpark in Henry Street adjacent to the old Library building throughout the duration of the above Committal and trial proceedings.

 

 

 

GB 5          Queen Street, St Marys – Request for Provision of Full-time ‘No Stopping’ Restrictions  (Raised Council)                                                                                                                          

Council’s Ranger requested the extension of full-time ‘No Stopping’ restrictions on the western side of Queen Street, St Marys, between the Great Western Highway and Carsons Lane.  This is currently signposted as part-time ‘½ Hour Parking’ outside peak periods and ‘No Stopping’ during morning and afternoon peaks.

RECOMMENDATION

LTC 27  That the matter be investigated and a report be submitted to the Local Traffic Committee.

 

GB 6          Fatal Incident Response Strategy Team (FIRST) Report  (Raised St Marys/Regentville Police)      

The St Marys/Regentville Police representative tabled a report regarding the recent fatal accident at the following location:

Lethbridge Street, at the intersection of John Oxley Drive, Werrington – accident occurred on Thursday, 14 December 2006.  The FIRST inspection was held on Thursday, 14 December 2006.  The report outcome showed there were other contributory factors to the accident rather than the road condition or intersection configuration, ie, alcohol/speed/behavioural influences appeared to be the cause of the collision.

RECOMMENDATION

LTC 28  That the Committee note the information.

 

There being no further business the Chairperson declared the meeting closed, the time being 10:05am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 March, 2007 be adopted.

 

 


Ordinary Meeting

26 March 2007

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 12 March, 2007

 

 

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Kaylene Allison, David Bradbury (arrived 7:48pm), Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow (arrived 7:35pm), Susan Page and John Thain.

 

APOLOGIES

PRC 11  RECOMMENDED that apologies be received and accepted from Councillors Karen McKeown, David Bradbury, Jackie Greenow and Garry Rumble.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillors Jim Aitken OAM and Steve Simat for the period 11 March 2007 to 16 March 2007 inclusive to attend the UDIA Conference.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 19 February 2007

PRC 12  RECOMMENDED that the minutes of the Policy Review Committee Meeting of 19 February 2007 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor, Councillor Pat Sheehy AM, declared a non-pecuniary interest in Item 1 - Joan Sutherland Performing Arts Centre (JSPAC) - 2006/07 Operating Subsidy, as he is a Director of Penrith Performing and Visual Arts Limited.

 

Councillor Ross Fowler declared a non-pecuniary interest in Item 1  - Joan Sutherland Performing Arts Centre (JSPAC) - 2006/07 Operating Subsidy, as he is a Director of Penrith Performing and Visual Arts Limited.

 

Councillor Ross Fowler declared a non-pecuniary interest in Item 2 - Penrith Valley Economic Development Corporation Six Monthly Report - July 2006 to December 2006, as he is a Director of Penrith Valley Economic Development Corporation.

 

ORDER OF BUSINESS

PRC 13 RECOMMENDED that Item 3 – Investment Policy and Item 2 – Penrith Valley Economic Development Corporation Six Monthly Report – July 2006 to December 2006 be dealt with as the first items of business.

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

Councillor Jackie Greenow arrived, the time being 7:35pm.

 

3        Investment Policy

PRC 14  RECOMMENDED

That:

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

2.     Council adopt the proposed changes to the Investment Policy.

 

 

The City as an Economy

 

Councillor David Bradbury arrived, the time being 7:48pm.

 

2        Penrith Valley Economic Development Corporation Six Monthly Report - July 2006 to December 2006

PRC 15  RECOMMENDED

          That:

1.      The information contained in the report on Penrith Valley Economic Development Corporation Six Monthly Report - July 2006 to December 2006 be received

2.      A further report be brought to Council on a process for having commercially significant Development Applications referred to PVEDC for follow-up assistance

3.      The Board of PVEDC be congratulated for reducing their anticipated deficit significantly during the period 1 July 2006 to 31 December 2006.

 

 

The City as a Social Place

 

1        Joan Sutherland Performing Arts Centre (JSPAC) - 2006/07 Operating Subsidy          

PRC 16  RECOMMENDED

That:

1.     The information contained in the report on Joan Sutherland Performing Arts Centre (JSPAC) - 2006/07 Operating Subsidy be received

2.     Council agree to provide the Joan Sutherland Performing Arts Centre an additional $200,000, such funds being set aside in the 2006/07 budget

3.     The annual subsidy of $700,000 (2006/07) be increased by CPI in future years

4.     The subsidy be paid in two instalments (July and January) and that six monthly financial reports be submitted to Council for review

5.     Council continue to lobby for additional funding in the form of grants, and that grants applied for and received be reported to Council.

 Leadership and Organisation

 

4        Salary Packaging                                                                                                                

PRC 17 RECOMMENDED

That:

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

2.     Council adopt the proposed changes to the Salary Packaging Policy

 

 

Councillor Mark Davies left the meeting, the time being 8:25pm

 

Councillor Mark Davies returned to the meeting, the time being 8:26pm

 

5        Service Specification Program                                                                                           

PRC 18  RECOMMENDED

That:

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

2.     The specification for the Community Development Service be adopted.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Leave of Absence                                                                                                     

Councillor Kevin Crameri OAM requested leave of absence from 19 March 2007 to 30 March 2007 inclusive.

 

PRC 19  RECOMMENDED 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.

 

PRC 20  RECOMMENDED that Leave of Absence be granted to Councillor Kevin Crameri from 19 March 2007 to 30 March 2007 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 8:32pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 March, 2007 be adopted.

 

 


 

Item                                                                                                                                       Page

 

 The City as a Social Place

 

1        Arms of Australia Inn Museum Management Committee

 

2        Planning Agreement - Lot 101 DP 700213, Werrington Downs and Lot 2, DP 771656, Claremont Meadows

 

3        Glenmore Park Stage 2 - Draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment.  Owners:  Stockland, Mulpha Norwest, Holicombe, Vianello and Mint Holdings

 

URGENT

 

14      Development Application for Refurbishment of Southlands Shopping Centre at Part Lot 2, DP 589130 and Lot 1, DP 541427, known as 2 Birmingham Road, South Penrith. Applicant: RM (No 4) Pty Ltd;  Owner: RM (No 4) Pty Ltd DA06/1699

 

The City In Its Environment

 

4        Rainwater Tanks

 

5        Plan of Management for Jamison Creek Riparian Corridor

 

6        Asbestos contamination at Leonay Parade, Leonay

 

The City as an Economy

 

7        Draft Employment Planning Strategy

 

The City Supported by Infrastructure

 

8        Design & Construct a Pedestrian Bridge over Schoolhouse Creek, Loftus Street, Regentville -Tender Reference 14-06/07

 

Leadership and Organisation

 

9        2006-2007 Council Borrowing Program

 

10      Amendment to the 2007 Meeting Calendar

 

11      Local Government Reform Program - Promoting Better Practice Report

 

12      City Operations Directorate Report to end of February 2007

 

13      Summary of Investments & Banking for the period 30 January 2007 to 26 February 2007


 

 

The City in its Broader Context

 

 

There were no reports under this Master Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City as a Social Place

 

Item                                                                                                                                       Page

 

1        Arms of Australia Inn Museum Management Committee

 

2        Planning Agreement - Lot 101 DP 700213, Werrington Downs and Lot 2, DP 771656, Claremont Meadows

 

3        Glenmore Park Stage 2 - Draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment.  Owners:  Stockland, Mulpha Norwest, Holicombe, Vianello and Mint Holdings

 

URGENT

 

14      Development Application for Refurbishment of Southlands Shopping Centre at Part Lot 2, DP 589130 and Lot 1, DP 541427, known as 2 Birmingham Road, South Penrith. Applicant: RM (No 4) Pty Ltd;  Owner: RM (No 4) Pty Ltd DA06/1699

 

 



Ordinary Meeting

26 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

1

Arms of Australia Inn Museum Management Committee   

 

Compiled by:                Diana Tuckwell, Facilities Operations  Secretary

Authorised by:             Tony Jarrett, Acting Facilities Operations Manager   

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

Critical Action: Build on and develop partnerships and projects with cultural organisations and connect where appropriate with the cultural plans and cultural development of other Councils and WSROC, to enhance the cultural vitality of the City.

     

Purpose:

To advise Council of the new Committee at the Arms of Australia Inn and to seek Council's approval of that new Committee.  The report recommends that Council receive the information contained in the report, approve of additional Committee members and confirm the Committee's delegation.

 

Background

In December 1996, Council delegated management of the Arms of Australia Inn Museum to a 377 Management Committee to effectively manage and administer activities at the Museum.

 

Current Situation

The Committee meets on a quarterly basis.  At the Annual General Meeting held in February 2007, nominations were sought from the present Committee and new members, to fill vacant positions made by members stepping down.  This process resulted in the following persons being recommended to Council for appointment to the Committee:

 

1.   Bob Moynahan – elected to the position of Treasurer, Committee member

2.   Helen Raeside – Committee member

3.   George McIntosh – Committee member

4.   Betty McIntosh – Committee member

5.   Bob Fielding – Committee member

6.   Rosemary Weaver – Committee member

7.   Joyce Moynahan – Committee member

 

The existing members of the Committee are:

 

1.   John Gribble – Chairperson

2.   Pam Menz - Secretary

3.   Reg Menz – Committee Member

4.   Arthur Challinor – Committee Member

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Arms of Australia Inn Museum Management Committee be received.

2.     Council, under Section 355 of the Local Government Act, approve of the following additional persons being included on the Arms of Australia Inn Museum Management Committee:

·    Bob Moynahan, Treasurer

·    Helen Raeside – Committee member

·    George McIntosh – Committee member

·    Betty McIntosh – Committee member

·    Bob Fielding – Committee member

·    Rosemary Weaver – Committee member

·    Joyce Moynahan – Committee member

 

3.   Council, under Section 377 of the Local Government Act, delegate the management of the Arms of Australia Inn Museum to the Committee formed under Section 355 of the Local Government Act 1993, and comprising those additional and existing persons listed in this report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

26 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

2

Planning Agreement - Lot 101 DP 700213, Werrington Downs and Lot 2, DP 771656, Claremont Meadows   

 

Compiled by:                Craig Butler, Director - City Planning

Authorised by:             Craig Butler, Director - City Planning   

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

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

     

Purpose:

To seek Council's consideration to entering into a Planning Agreement with Landcom, so as to give effect to the transfer of Lot 101 DP 700213 Brookfield Avenue, Werrington Downs to Council.  The report recommends that Council enter into the Planning Agreement with Landcom on the terms referred to in the report.

 

Background

The property known as 2B Brookfield Avenue, Werrington Downs (Lot 101 DP 700213) is owned by Landcom.  The property is surrounded by Council owned Open Space Reserve.  It is a residue allotment left over from the original subdivision and development of the area.   A plan of the site is appended.

 

The land is currently zoned 2(b) Capital Residential (Low Density) under LEP 1998 (Urban Land).  Under this LEP and zone, the land has a potential for subdivision into five residential allotments.  Those allotments could be developed with single dwellings or dual occupancies.

 

Landcom became the owner of the property in 1996.  Landcom has a large property portfolio, and has taken a policy position of focussing upon the more significant development opportunities available from within that portfolio.  Landcom typically disposes of its minor landholdings through sale on the open market. 

 

In 2005, Landcom approached Council, and offered to sell the property to Council at market value.  They indicated that if Council was not interested in purchasing the site, then it would be sold on the open market. 

 

At its meeting of 10 October 2005, Council received a report relating to Landcom’s offer to Council.  The report outlined that there were other higher priority needs for the community, and recommended against the allocation of funds from either the Property Development Reserve or Section 94 for purchase of the property. 

 

Council advised Landcom that it did not intend to take up the offer.

 

Landcom manages its property portfolio in a commercial manner and so, in light of Council’s decision, moved to sell the land.  This included fencing it, which forecast to the community its intention.  This brought considerable opposition to the sale from within the community immediately surrounding the site. 

Further Negotiations between Council and Landcom

Council officers continued negotiations with Landcom.  This has culminated in Landcom agreeing to enter into a Planning Agreement with Council.  This Agreement makes provision for the Brookfield Avenue land to be transferred to Council, with its value recovered by rezoning and value uplift of one of Landcom’s other properties in the City.

 

The property proposed for rezoning in the Planning Agreement is described as Lot 2, DP 771656.  This is located at the south eastern corner of the Great Western Highway and Gipps Street, Claremont Meadows (a plan of that site is appended).  The land is approximately 4.8 hectares in area.  The land is predominantly zoned Rural 1(d) (Future Urban) under IDO 93.  It is currently undeveloped.  The permissible uses under IDO 93 are very restricted and include agriculture, dwellings, educational establishments, open space, and roads.

 

The land has frontage to the Great Western Highway.  It is separated from the existing Claremont Meadows residential area by Gipps Street , which will ultimately serve as the Werrington Arterial connection to the M4.  Council’s former landfill site, which has been rehabilitated, is located on the south side of the property.  The land to the east is either privately or State Government owned.  Some of the properties in that locality have been developed for highway frontage commercial purposes.  The lands on the northern side of the Great Western Highway are proposed to be used for employment purposes, under the WELL Precinct strategies.

 

Given the physical characteristics of the locality, and the current and likely future landuse, consideration to rezoning the land is justified.

General Terms of the Planning Agreement

The Agreement proposes that Landcom transfer ownership of the Brookfield Avenue property to Council.  The Agreement allows for Landcom to then bring forward to Council an application for rezoning of the Claremont Meadows property to a business related zoning.  The advancement of such a rezoning application is opportune, as it could be dealt with in conjunction with the consolidation of the City’s planning controls, which is now occurring in developing the Local Plan.  This is the vehicle by which outdated planning controls, applying to lands such as Landcom’s Claremont Meadows site, are being updated.

 

Landcom’s requirements from the Planning Agreement will be met if the rezoning application is approved and the uplift in value of Lot 2 Claremont Meadows meets or exceeds the value of Lot 101 Brookfield Avenue.

 

If the land is not rezoned, or the value uplift does not fully offset the value of Lot 101 Brookfield Avenue, then Council will be required to offset that against Section 94 contributions, which Council would have imposed as development consent conditions for future DAs submitted by Landcom.  Alternatively, Council may request a review of the Agreement if there are changed circumstances such as those described above.

 

Significantly, the Planning Agreement cannot fetter Council’s discretion in dealing with the rezoning application.  That application must be considered and determined on its planning merits, and in accordance with the Environmental Planning and Assessment Act.

 

The negotiated outcome overviewed in this report was really only possible because of the working relationship that Council has developed with Landcom.  Notwithstanding that relationship, it is in each party’s interest that their rights be protected.  This is the basis for the formalisation of the terms within the Planning Agreement. 

 

The Environmental Planning and Assessment Act requires that public notice of the Planning Agreement be given, and a copy of the proposed Agreement be made available for inspection by the public, for a period of not less than 28 days.  The Act also requires that the Council provide the Minister Administering the Environmental Planning and Assessment Act with a copy of the Agreement within 14 days after the Agreement is entered into.

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Agreement - Lot 101 DP 700213, Werrington Downs and Lot 2, DP 771656, Claremont Meadows be received.

2.     Council enter into the Planning Agreement with Landcom on the terms referred to in the report.

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

 

ATTACHMENTS/APPENDICES

1. View

Planning Agreement

14 Pages

Appendix

2. View

Map - Lot 101 DP 700213

1 Page

Appendix

3. View

Map - Lot 2, DP 771656

1 Page

Appendix

 


Ordinary Meeting

26 March 2007

Appendix 1 - Planning Agreement

 

 

 

 

 

Planning Agreement

Gadens Lawyers
Skygarden Building

77 Castlereagh Street
SYDNEY
  NSW  2000

T          +61 2 9931 4999
F          +61 2 9931 4888
Ref       LAB:2642481

 

 

 

 

 

 

 

The Council of the City of Penrith

Landcom

 


Ordinary Meeting

26 March 2007

Appendix 1 - Planning Agreement

 

 

 

 

 

Contents

1.         Defined meanings.............................................................................................................. 1

2.         Lot 101.............................................................................................................................. 1

3.         New Local Environmental Plan........................................................................................... 2

4.         Public Purpose................................................................................................................... 2

5.         Landcom's participation voluntary........................................................................................ 2

6.         Section 93F........................................................................................................................ 3

7.         Dispute resolution............................................................................................................... 3

8.         Valuation method............................................................................................................... 5

9.         General provisions.............................................................................................................. 5

10.       Definitions and interpretation............................................................................................... 9

...........

 


Ordinary Meeting

26 March 2007

Appendix 1 - Planning Agreement

 

 

 

 

 

Planning Agreement

Dated

Parties

1.         The Council of the City of Penrith of ABN 43 794 422 563 of 601 High Street, Penrith (Council).

2.         Landcom of Level 2, 330 Church Street, Parramatta, NSW (Landcom).

Background

A.        Landcom owns Lot 2 and Lot 101.

B.        Council owns the Reserve.

C.        Lot 101 is bounded on 3 sides by the Reserve.

D.        There is a public benefit in Lot 101 being transferred to Council.

E.         Landcom will transfer Lot 101 to Council on the date of this document.

F.         Landcom wishes to have Lot 2 rezoned.  Council will consider an application by Landcom to rezone Lot 2 on its merits in accordance with the Act and Regulations and any other relevant environmental planning instrument.

Operative provisions

Words used in this document and the rules of interpretation that apply are set out and explained in the definitions and interpretation clause at the back of this document.

2.      Lot 101

2.1     Transfer to Council

Within 14 days of the date of this document:

(a)     for consideration of $1.00, Landcom transfers  all of its interest in Lot 101 to Council free of any Encumbrance;

(b)     Landcom must hand to Council in registrable form an executed LPI transfer form identical to the transfer attached to this document as Annexure A.

(c)     Landcom must hand to Council the original certificate of title to Lot 101 together with a discharge, surrender or release of any legal or equitable Encumbrance over Lot 101.

2.2     Adjustments

The parties must adjust council and water rates and land tax (if any) with respect to Lot 101 as at the date of transfer.

 

3.      New Local Environmental Plan

3.1     Prepare draft LEP

Landcom and the Council will as soon as reasonably possible after the date of this document do everything reasonably necessary to prepare a draft LEP which has the effect of changing the zoning of Lot 2 in the manner set out in this document.

3.2     Purpose and terms of LEP

(a)     The LEP will be prepared for the purpose of rezoning land within the Planning Area, including Lot 2 to a Business related zoning. 

(b)     The LEP may, if the Council decides, also change the zoning of other land in the Planning Area.

3.3     If the LEP is gazetted – Credited Amount

If the LEP is published in the NSW Government Gazette, Council agrees to apply and offset the Credited Amount against any s94 Contributions (up to the amount of the s94 Contributions) which Council would otherwise impose in development consent conditions for future development applications submitted by Landcom and approved by Council over land in the Planning Area.

3.4     If the LEP is not gazetted – Lot 101 Value

If the LEP is not published in the NSW Government Gazette within a period of 24 months of the date of execution of this document, or such later date as the Parties may agree in writing before that period expires, the Council agrees to apply and offset the Lot 101 Value against any s94 Contributions (up to the amount of the s94 Contributions) which Council would otherwise impose in development consent conditions for future development applications submitted by Landcom and approved by Council over land in the Planning Area.

Council must use its best endeavours to ensure that Lot 101 is, on and from its transfer, dedicated and made available for the purposes of public recreation. 

5.1     Voluntary agreement

Landcom has received its own independent legal advice before entering into this document.  Landcom has entered into this document entirely voluntarily.   The Council has not induced or pressured Landcom to enter into this document.  The Council has not made any representations or promises to Landcom about whether Lot 2 will or will not be rezoned.  Any application submitted by Landcom to rezone Lot 2 will be considered on its own merits in accordance with the Act and Regulations and all other environmental planning instruments.

(a)        This agreement is a planning agreement within the meaning of section 93F of the Act.

 

(b)     This agreement applies to Lot 2 and Lot 101, and to the making of the LEP in relation to Lot 2

(c)     Landcom agrees to make a development contribution being the transfer of Lot 101 to Council for consideration of $1.00. 

7.1     Determination of disputes

If there is any dispute, difference of opinion or failure to agree relating to or arising from this document (Dispute) that dispute must be referred for determination under this clause.

7.2     No legal proceedings

The parties must not bring or maintain any action on any Dispute (except for urgent injunctive relief to keep a particular position) until it has been referred and determined as provided in this clause.

7.3     Notice of disputes

A party referring a Dispute for determination must do so by written notice to the other parties (Dispute Notice) which must specify the nature of the Dispute and a nominated officer of the referring party with sufficient authority to determine the Dispute.

7.4     Negotiated resolution and selection of expert

(a)     On service of the Dispute Notice the receiving parties must refer the Dispute to an officer with sufficient authority to determine the Dispute.  The nominated officers of each party must meet at least once and use reasonable endeavours to resolve the Dispute by negotiation within seven days of service of the Dispute Notice.  Any resolution must be recorded in writing and signed by each nominated officer.  By agreement, the nominated officers may employ the services of a mediator to assist them in resolving the Dispute.

(b)     If the nominated officers are unable to resolve the Dispute within seven days of service of the Dispute Notice they must endeavour within the following seven-day period to appoint an expert by agreement.  That appointment must be recorded in writing and signed by each nominated officer.

(c)     If the nominated officers do not record the appointment of an expert within that second seven day period, the expert must be appointed, at the request of any party, by the President for the time being (or if none, the senior elected member) of the Law Society of New South Wales.

7.5     Assistance to the Expert

(a)     Once the Expert has been appointed (the Expert), the parties must:

(i)      each use their best endeavours to make available to the Expert all information the Expert requires to settle or determine the Dispute; and

(ii)      ensure that their employees, agents or consultants are available to appear at any hearing or enquiry called by the Expert.

(b)     The parties may give written submissions to the Expert but must provide copies to the other parties at the same time.

7.6     Expert’s decision

(a)     The decision of the Expert must:

(i)      be in writing and give reasons; and

(ii)      be made and delivered to the parties within one month from the date of submission of the dispute to the Expert or the date of completion of the last hearing or enquiry called by the Expert, if later.

(b)     The Expert may conduct the determination of the Dispute in any way it considers appropriate but the Expert may, at its discretion, have regard to the Australian Commercial Disputes Centre’s guidelines for expert determination of disputes or such other guidelines as it considers appropriate.

(c)     The Expert’s decision is final and binding on the parties.

(d)     The Expert must act as an expert and not as an arbitrator.

7.7     Expert’s costs

(a)     The Expert must also determine how the expenses relating to the reference of the Dispute (including the Expert’s remuneration) should be apportioned between the parties and in default of a decision by the Expert those expenses must be borne by the parties equally.

(b)     In determining the apportionment of costs the Expert may have regard to what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable endeavours by any party in assisting the Expert or resolving the dispute between the parties’ nominated officers as required by this clause.

7.8     Continual performance

Each party must continue to perform its obligations under this document while any dispute is being determined under this clause.

Within 30 days after the date on which the LEP is takes effect, the parties must appoint a Valuer to determine the Before Value, the After Value, and the Lot 101 Value, and the valuation process shall be subject to the following rules:

(a)   the Valuer's costs are to be shared equally by the parties,

(b)      the parties are to jointly instruct the Valuer,

(c)      the Valuer is to provide the parties with a written draft determination within a period of 30 days of being instructed by the parties to prepare the valuation,

(d)      within 14 days of instructing the Valuer, the parties may make written submissions to the Valuer as to their opinion of the Before Value, the After Value, and the Lot 101 Value,

(e)      in preparing the draft determination, the valuer is to take into consideration the submissions of the parties made in accordance with paragraph (d) of this clause,

(f)      within thirty days of both parties having received the draft determination of the Valuer, the parties may provide to the Valuer their written comments on the draft determination,

(g)      in finalising the determination, the Valuer is to take into consideration the comments of the parties made in accordance with paragraph (f) of this clause,

(h)      the Valuer is to provide the parties with a written final determination within a period of 14 days after the earlier to occur of:

(i)      receipt of the comments referred to in paragraph (f) of this clause,

(ii)      the expiration of the thirty day period referred to in paragraph (f) of this clause,

(i)       the Valuer's determination  of the Before Value, the After Value and the Lot 101 Value is taken to be an expert determination and is final and binding on the parties,

(j)       the Valuer is to provide reasons for the final determination.

9.      General provisions

9.1     Explanatory Note

The Explanatory Note relating to this agreement required by clause 25E of the Regulation is Annexure B to this agreement.

9.2     No registration of this agreement

This agreement is not to be registered under s93H of the Act.

9.3     Review of this agreement

The parties, acting in good faith and using their best endeavours, agree to review this agreement if any change of circumstance occurs that materially affects the operation of this agreement.

9.4     Costs

(a)     Each party must pay its own costs in relation to:

(i)         the negotiation, preparation, execution, performance, amendment or registration of, or any consent given or made;  and

(ii)        the performance of any action by that party in compliance with any liability arising,

under this document, or any agreement or document executed or effected under this document, unless this document provides otherwise.

(b)     Council will reimburse the Developer for any costs reasonably incurred by the Developer in relation to the making of the LEP.

9.5     GST

(a)     The supplies made between the parties pursuant to this agreement are:

(i)         The supply of Lot 101 by Landcom to Council

(ii)        The supply by Council to Landcom of an obligation to offset either the Credited Amount or Lot 101 Value against future s94 Contributions in accordance with clauses 3.3 or 3.4 of this Agreement.

(iii)       The supply by Council to Landcom of the rezoning of Lot 2 contemplated by clause 3.2 of this Agreement, if the LEP is published in the NSW Gazette within 12 months of the date of execution of this document.

(b)     The consideration for the supplies referred to in paragraph (a) above is as follows:

(i)         The consideration for the supply referred to in paragraph (a)(i) above consists of $1 plus:

·     The Credited Amount, if clause 3.3 of the Agreement applies; or

·     The Lot 101 Value 1, if clause 3.4 of the Agreement applies. 

Council will be required to pay GST on the $1 consideration upon receipt of a tax invoice; and to pay GST on the Credited Amount or the Lot 101 Value as soon as the Credited Amount or Lot 101 Value, whichever is applicable, is ascertained.

(ii)        The consideration for the supply referred to in paragraph (a)(ii) above consists of:

·     the Credited Amount less $1, if clause 3.3 of the Agreement applies; or

·     the Lot 101 Value less $1, if clause 3.4 of the Agreement applies,

Landcom will be required to pay GST on this amount as soon as the Credited Amount or Lot 101 Value, whichever is applicable, is ascertained

(iii)       The consideration for the supply referred to in paragraph (a)(iii) above, is not determined in this agreement.  However, if Landcom is required to pay any consideration for this supply, the consideration will be outside of scope of GST under Div. 81, Payment of taxes, fees and charges.

(c)     Notwithstanding the above, any amount that constitutes consideration payable under this agreement for a taxable supply for the purpose of GST or similar tax will be increased so that the net amount retained by the supplier after payment of GST is the same as if the supplier was not liable to pay GST in respect of that supply.  This provision applies to the supplies referred to in paragraph (a) above and is subject to any other agreement regarding the payment of GST on specific supplies, and includes payments for supplies relating to the breach or termination of, and indemnities arising from this Agreement.

.

9.6     Duties

The party at law to pay stamp duty, must promptly within the initial applicable period prescribed by law pay any duty payable in relation to the execution, performance and registration of this document, or any agreement or document executed or effected under this document.

9.7     Assignment

A party must not transfer any right or liability under this document without the prior consent of each other party, except where this document provides otherwise.

9.8     Notices

(a)     Any notice to or by a party under this document must be in writing and signed by the sender or, if a corporate party, an authorised officer of the sender.

(b)     Any notice may be served by delivery in person or by post or transmission by facsimile to the address or number of the recipient specified in this provision or most recently notified by the recipient to the sender.

(c)     Any notice is effective for the purposes of this document upon delivery to the recipient or production to the sender of a facsimile transmittal confirmation report before 4.00pm local time on a day in the place in or to which the written notice is delivered or sent or otherwise at 9.00am on the next day following delivery or receipt.

9.9     Governing law and jurisdiction

(a)     This document is governed by and construed under the law in the State of New South Wales.

(b)     Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of New South Wales.

(c)     Each party by execution of this document irrevocably, generally and unconditionally submits to the non‑exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.

9.10   Amendments

Any amendment to this document has no force or effect, unless effected by a document executed by the parties.

9.11   Third parties

This document confers rights only upon a person expressed to be a party, and not upon any other person.

9.12   Precontractual negotiation

This document:

(a)     expresses and incorporates the entire agreement between the parties in relation to its subject matter, and all the terms of that agreement;  and

(b)     supersedes and excludes any prior or collateral negotiation, understanding, communication or agreement by or between the parties in relation to that subject matter or any term of that agreement.

9.13   Further assurance

Each party must execute any document and perform any action necessary to give full effect to this document, whether before or after performance of this document.

9.14   Continuing performance

(a)     The provisions of this document do not merge with any action performed or document executed by any party for the purposes of performance of this document.

(b)     Any representation in this document survives the execution of any document for the purposes of, and continues after, performance of this document.

(c)     Any indemnity agreed by any party under this document:

(i)      constitutes a liability of that party separate and independent from any other liability of that party under this document or any other agreement;  and

(ii)      survives and continues after performance of this document.

9.15   Waivers

Any failure by any party to exercise any right under this document does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.

9.16   Remedies

The rights of a party under this document are cumulative and not exclusive of any rights provided by law.

9.17   Severability

Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.

9.18   Counterparts

This document may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.

9.19   Party acting as trustee

If a party enters into this document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this document in its own right and as trustee of the trust.  Nothing releases the party from any liability in its personal capacity.  The party warrants that at the date of this document:

(a)     all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust;

(b)     the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this document on behalf of the trust and that this document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust;

(c)     no restriction on the party’s right of indemnity out of or lien over the trust's assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust's assets.

10.1   Definitions

In this document unless the context otherwise requires:

Act means the Environmental Planning and Assessment Act 1979;

After Value means the market value of Lot 2 after the making of the LEP, determined in accordance with clause 8;

Before Value means market value of Lot 2 if the LEP had not been made, determined in accordance with clause 8

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in New South Wales;

Credited Amount means the amount by which the Rezoning Value falls short of the Lot 101 Value.

development consent means a development consent granted under the Act;

development contribution means a monetary contribution, the dedication, of land free of cost or the provision of a material public benefit;

Encumbrance includes any mortgage or charge, lease, (or other right of occupancy) or profit a prendre;

GST means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act (GST Act) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has a similar effect to, the GST Act;

LEP means an environmental planning instrument that complies with Division 4 Part 3 of the Act, and which has the effect set out in clause 3 of this agreement;

Lot 2 means Lot 2 Deposited Plan 771697 located at the corner of the Great Western Highway and Gipps Street, Werrington, NSW;

Lot 101 means Lot 101 Deposited Plan 700213, located at Brookfield Avenue, Werrington Downs, NSW;

Lot 101 Value means the market value of Lot 101 determined in accordance with clause 8;

Planning Area means any area over which Council is the consent authority under the Act and Regulation;

Regulation means the Environmental Planning and Assessment Regulation 2000;

Reserve means the aggregate of the land contained in Lot 102 in Deposited Plan 7000213, Lot 6072 in Deposited Plan 260392 Lot 502 in Deposited Plan 260454, Lot 7102 in Deposited Plan 260932 and Lot 9077 in Deposited Plan 261283;

Rezoning Value means the After Value less the Before Value, and cannot be less than zero;

s94 Contributions means contributions required under sections 94 and 94A of the Act;

Valuer mean a suitably qualified valuer agreed by the parties, with at least 5 years experience in valuing the type of land referred to in this document and if the parties cannot agree, a valuer appointed by the President of the Australian Valuers Institute on application of either party;

Zone B7 Business Park has the same meaning as that defined in the Land Use Table in Part 2 of the Standard Instrument (Local Environmental Plans) Order 2006 published in gazette No.42, 31 March 2006 page 1879.

10.2   Interpretation

In this document unless the context otherwise requires:

(a)     clause and subclause headings are for reference purposes only;

(b)     the singular includes the plural and vice versa;

(c)     words denoting any gender include all genders;

(d)     reference to a person includes any other entity recognised by law and vice versa;

(e)     where a word or phrase is defined its other grammatical forms have a corresponding meaning;

(f)      any reference to a party to this document includes its successors and permitted assigns;

(g)     any reference to any agreement or document includes that agreement or document as amended at any time;

(h)     the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

(i)      the expression at any time includes reference to past, present and future time and the performance of any action from time to time;

(j)      an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

(k)     an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;

(l)      reference to an exhibit, annexure, attachment or schedule is a reference to the corresponding exhibit, annexure, attachment or schedule in this document;

(m)    reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in this document means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;

(n)     when a thing is required to be done or money required to be paid under this document on a day which is not a Business Day, the thing must be done and the money paid on the immediately following Business Day;  and

(o)     reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated.

 

The common seal of The Council of The City of Penrith was affixed under a resolution passed by council on                       2007 in the presence of:

 

 

_______________________________________________

General Manager – Alan Travers

 

 

 

 

______________________________________________

Mayor – Pat Sheehy AM

 

 

Signed for and on behalf of Landcom as delegate of LANDCOM who declares that they have no notice of revocation of such delegation

 

 

 

 

 

 

______________________________________________

Signature of Authorised Person

 

______________________________________________

Office held

 

______________________________________________

Nmae of authorised person (block letters)

 

 


Ordinary Meeting

26 March 2007

Appendix 2 - Map - Lot 101 DP 700213

 

 

 

 


Ordinary Meeting

26 March 2007

Appendix 3 - Map - Lot 2, DP 771656

 

 

 

 


Ordinary Meeting

26 March 2007

The City as a Social Place

 

 

The City as a Social Place

 

 

3

Glenmore Park Stage 2 - Draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment.  Owners:  Stockland, Mulpha Norwest, Holicombe, Vianello and Mint Holdings   

 

Compiled by:                Mark Broderick, Release Area Unit Coordinator

Authorised by:             Roger Nethercote, Environmental Planning Manager   

Strategic Program Term Achievement: New release areas provide for a diversity of housing opportunities, including affordable housing, consistent with emerging community needs and which facilitates the development of diverse neighbourhoods.

Critical Action: Prepare and implement plans for each new release area in collaboration with the development sector and key Government agencies that provide a wide diversity and mix of housing types that meet current and emerging community needs.

     

Purpose:

To present to Council the recently completed draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment  for the Glenmore Park Stage 2 Urban Release Area.  The report recommends that draft Plans be publicly exhibited.

 

Background

The Glenmore Park Stage 2 urban release area is a 168 hectare parcel of land located immediately to the south of the existing Glenmore Park.  The area has been listed on the State Government’s Metropolitan Development Program (MDP).  On 8 December 2003, Council received a report relating to the findings of the Local Environmental Study (LES) that had been prepared for Glenmore Park Stage 2.  Council resolved:

 

·    That further investigation be undertaken to find a solution to address the jobs deficit identified in the LES;

·    To endorse the recommendations and principles of the LES as the basis for formulation of the draft Local Environmental Plan (LEP) for the site;

·    The LES and Draft LEP be exhibited concurrently;

·    To prepare a draft Development Control Plan (DCP) and Section 94 Plan based on the recommendations and principles contained in the LES.

 

Following that decision, extensive negotiations have occurred between Council and the Glenmore Park Stage 2 land owners group (LOG) and a number of more detailed studies have been undertaken ranged around key issues such as transport management and accessibility, housing diversity and affordability, active recreation provision, biodiversity conservation, employment, structure planning, community facilities and retail services.

 

On 13 November 2006, Council received a further report providing advice with regard to the resolution of a number of fundamental urban planning matters.  That report canvassed in detail a number of key issues which have been the focus of the planning investigations and negotiations with the land owners group (LOG).  Those included:

 

·    the approach being negotiated with the Department of Planning and the land owners for the payment of a Regional Infrastructure Levy;

·    the securement of a 63 ha addition to the Mulgoa Nature Reserve;

·    location and arrangements for riparian corridor and drainage networks, rural residential precinct in the western part of the expansion area;

·    the outcome of the transport access and management plan (TMAP);

·    6.9 ha provision for active open space;

·    proposed neighbourhood retail centre;

·    primary school identification and community facilities provision;

·    urban form;

·    housing diversity including affordable housing delivery;

·    the employment development strategy approach;

·    statutory framework and the need to amend the LEP boundary to accommodate an extension of the proposed biodiversity corridor to link Glenmore Park Stage 2 with The Northern Road, thereby facilitating the future corridor connection with the extensive Cumberland Plain Woodland located on the Orchard Hills Armaments Base to the east.

 

The report highlighted the extensive negotiations with the LOG and their principal consultants to arrive at acceptable outcomes for the key issues identified, and that the project had reached the stage where most of the key planning matters were largely resolved, therefore allowing finalisation of the rezoning plans to move forward.  Council resolved to prepare and exhibit an amended draft LEP for Glenmore Park Stage 2 area, which included the addition of the biodiversity corridor extension to The Northern Road.  Council also resolved that a further report be presented in early 2007, seeking Council’s endorsement of the exhibition of a draft LEP, DCP, Section 94 Plan and Planning Agreement.

 

This report provides an update on the status of the planning process and presents the draft LEP and DCP for Council’s consideration for public exhibition.

Current Situation

A draft Local Environmental Plan and amendment to Penrith Development Control Plan 2006 have been prepared and are included as attachments to this report.  These documents reflect Council’s broader policy position on urban release areas, and incorporate the core requirements of Council’s Sustainability Blueprint for Urban Release Areas.  Importantly, the matters identified in the report to Council in November 2006 have been addressed, and a process agreed with the LOG for their resolution either in the draft Plans or for inclusion in a draft Section 94 Development Contributions Plan or the proposed Planning Agreement to be entered into between LOG and Council. 

 

The preparation of the draft Section 94 Plan is well advanced and will be the subject of a further report to Council shortly.  Although the Planning Agreement has not yet been finalised, it is considered that this should not impede the progress of the draft LEP and amendment to Penrith DCP 2006 to exhibition.  This issue is discussed in greater detail later in this report.

 

Draft Local Environmental Plan

The Draft Local Environmental Plan (draft LEP) will introduce the relevant statutory controls which rezone the current rural land use arrangements to an urban precinct and provide specific requirements for dealing with exempt and complying development, outlines principal development standards and provides for a range of miscellaneous provisions which are required by the Department of Planning’s (DoP) new Standard Instrument.  The draft LEP has also been prepared in general accordance with the findings of the Local Environmental Study. 

 

The Plan is designed as a stand-alone LEP, with the intention that it can be readily integrated into the City-wide Local Plan in the future when the relevant residential chapter of that is advanced.  The Plan is also accompanied by traditional zoning maps, as well as additional maps relating to heritage items, minimum lot sizes and dwelling yields.

 

The bulk of the urban area is proposed to be zoned R1 – General Residential which will permit a wide range of housing types including multi-unit forms.  The western end of the release area is proposed to be zoned R5 – Large Lot Residential which provides for a more appropriate transition to the western edge of the urban area abutting the proposed extension to the Mulgoa Nature Reserve and the rural lands of Mulgoa Valley beyond.  A B2 – Local Centre zone is introduced to cover the proposed neighbourhood centre whilst an RE1 – Public Recreation zone covers the major active open space area.  The E2 – Environmental Conservation Zone has been applied to designate the riparian / biodiversity corridor elements and the E1 – National Parks and Nature Reserves zone covers the proposed extension to the Nature Reserve. 

 

Council will recall that, when it considered the previous report in November 2006, the LOG raised concern about the dwelling yield target.  This matter has now been resolved with the LOG, and accordingly the dwelling yield map and associated LEP provisions seek to ensure that a minimum density of 15 dwellings per hectare is achieved.  This would see approximately 1,700 new dwellings ultimately developed on the site, with an estimated population of around 4,700 people. 

 

Draft Penrith Development Control Plan 2006 Amendment

A draft Penrith Development Control Plan 2006 amendment (draft DCP) for Glenmore Park Stage 2 urban release area has been prepared and is intended will amend the adopted Penrith Development Control Plan 2006.

 

The draft DCP establishes an urban structure for the release area and a range of objectives, performance measures and development controls that will apply to both public and private domain elements.  The public domain includes requirements which aim to respond to the site’s natural features, access and movement requirements, streetscape character and design, open space provision and neighbourhood precinct structure and community facilities.  The private domain elements primarily deal with the subdivision elements and the site specific manner in which dwellings and other development are to be planned and located.

 

Importantly, the draft DCP requires a Concept Plan for each precinct to be prepared and submitted for Council’s approval prior to, or with the first development application for, subdivision of the precinct.  The Concept Plan will identify the major structural elements such as the road hierarchy and pedestrian network, local parks, lot layout and sizes and the housing type distribution aimed at matching the dwelling diversity provisions contained in the draft DCP. 

 

The draft DCP also identifies typical housing development forms which will provide for a wide choice in housing types and also ensures that there are products which can provide for a market deliver of affordable housing.  These include a range of multi-unit housing forms including studios, terraces, semi-detached as well as more traditional detached housing forms.  The opportunity is also available for low-rise apartments which would be possible for sites adjacent to the neighbourhood centre. 

 

To provide flexibility for future land titling arrangements, the draft DCP identifies opportunities for zero lot line housing development in certain circumstances where dwellings can be built up to side boundaries and still provide for a Torrens Title arrangement. 

 

The draft DCP also provides direction on the number of dwellings within each of the nominated categories to be established in the precincts across the estate.  The subdivision provisions accommodate a range of lot sizes which reflects the diversity in housing types and the varying dwelling densities from precinct to precinct.  This approach will provide for a greater mix of housing forms across the Stage 2 release area than was achieved in the existing Stage 1 area. 

 

The open space edges to parks, creek corridors and the neighbourhood centre are locations favoured for multi-unit housing where a higher level of amenity and outlook can be obtained.  Building footprints and setback requirements have been established which also accommodate the diversity in housing types and promote a variety of streetscapes that reflect the character of different precincts and to create attractive, cohesive residential streets whilst encouraging the efficient and sustainable use of land. 

 

The plan provides for extensive open space areas which conserve the creek lines, introduce a series of neighbourhood parks and a central active open space area of 6.9ha which will comprise several playing fields which will accommodate football, cricket, Little Athletics and AFL, together with amenities, car parking, irrigation and lighting.  63ha of land in the western area of the site will be set aside as a major addition to the Mulgoa Nature Reserve.

 

Draft Section 94 Development Contributions Plan

A draft Section 94 Development Contributions Plan is currently being finalised and will provide the fundamental means of collecting a range of developer contributions which will support the provision of the trunk drainage system, roads and traffic management elements, active open space and community facilities.  Land valuations for open space areas to be transferred to public ownership are also currently being sought. 

 

The draft Section 94 Development Contributions Plan will be reported to Council shortly for consideration and endorsement for public exhibition.  It would be appropriate that this plan be exhibited concurrently with the draft LEP and draft DCP.

 

Planning Agreement

Recent changes to the EP&A Act have formalised the process of brokering with a development proponent a voluntary planning agreement, such as the one Council recently endorsed with Delfin Lend Lease for the Dunheved Precinct in the St Marys Release Area. 

 

For Glenmore Park Stage 2, a number of elements which are important to support a sustainable new urban community, lend themselves more appropriately to a Planning Agreement format rather than the traditional Section 94 Plan approach.  These matters have been discussed with the LOG, and the basis of a Planning Agreement is currently advancing, which will include the following matters:

 

·    Surrender of mining licences and current development approvals affecting the area the subject of the LEP;

·    Dedication of the riparian / biodiversity corridor;

·    Contribution towards the provision of affordable housing;

·    Contribution towards the creation of off-site jobs in accordance with Council’s policy for employment creation.    

 

There is currently agreement between the LOG and Council officers on the general nature of the first two items, however the final contribution details pertaining to the latter two items are still to be resolved.  That process is well advanced and a summary of the status of these matters is provided below:

 

·    Affordable Housing

Council’s current Strategic Program seeks for new release areas to provide for a diversity of housing opportunities, including affordable housing, consistent with emerging community needs and which facilitates the development of diverse neighbourhoods.

 

Housing is affordable when households that are renting or purchasing are able to pay their housing costs and still have sufficient income to meet other basic needs such as food, clothing, transport, medical care and education.  It is often stated that housing is affordable if not more than 30% of a household’s gross income is spent on loan repayments or rent. 

 

By increasing access to affordable housing, Council seeks to contribute to sustainable communities that function in a way that benefits the whole community.  It is particularly important that outcomes are sought which deliver affordable housing over time, not just for a limited period.  Council’s Sustainability Blueprint therefore calls for 3% of housing to be provided as affordable housing to people on very low, low and moderate income levels.  It is expected that this target includes both rental and owner-occupied housing products. 

 

The joint operation of the draft LEP and draft DCP amendment will require the development to provide a diverse range of dwelling types that will allow a significant proportion of this 3% target to be met within the market conditions that will prevail once the development commences.  However, concern remains that a market response will still not be available for very low income groups.  It is therefore considered that there is a need for the development to provide more certain measures to ensure housing availability for this income group.

 

Council officers, together with the LOG and officers of the Department of Housing’s Centre for Affordable Housing, have been collaboratively exploring funding schemes that will ensure that affordable housing opportunities will be available for the identified income group.  A model has emerged that would see the LOG make a financial contribution per dwelling that would then be passed on to a Community Housing provider.  This would allow the provider to purchase affordable housing products that could then be made available for rental accommodation at a subsidised rate.  There are a number of options being pursued by the LOG with several potential community housing organisations for management and funding arrangements.

 

Whilst the fundamentals of this model would appear to be sound, the parties have still not resolved the size of the contribution to be made by the LOG, and other more detailed matters about the operation of the funding process.  In our view, this investigation can continue whilst the draft plans are on exhibition.  The outcome will be reported to Council for consideration in relation to the proposed contribution and other management arrangements which will need to be incorporated into the Planning Agreement to be entered into between Council and LOG.  This will need to be finalised to Council’s satisfaction before the draft LEP is finalised for referral to the Minister for gazettal.   

 

·    Employment Development Strategy

Council's Sustainability Blueprint for Urban Release Areas aims to ensure that new jobs, both on and off-site, are created as a consequence of the development to at least match the number of incoming workforce participants who will reside on the site.  There are, however, a number of challenges to providing these jobs within Glenmore Park Stage 2.  A number of these challenges emerge from an absence of the locational, topographic, environmental and accessibility attributes that attract employment uses or allow them to develop and include:

 

·    The relatively small scale of development in Glenmore Park Stage 2 will not generate a population base which would support the establishment of a substantial commercial centre which would in turn offer an extensive range of employment opportunities;

·    The importance of achieving a satisfactory rural/urban interface on the edge of Penrith's urban development;

·    The poor compatibility between residential uses and some employment activities

·    The area's limited exposure and accessibility to external or regional markets;

·    The site is remote from the high volumes of passing public and private transport on which many businesses rely;

·    Topographical and environmental constraints exclude a significant proportion of the site.

 

The Structure Plan emerging from the LES process aimed to achieve an appropriate balance of land uses on the site while recognising its context and location.  As a result, residential development, along with modest supporting facilities, was preferred as the principal land use. This has led to an inability to practically provide for all of the jobs on site.  At the time of endorsing the Environmental Study, Council raised concern over this aspect and resolved that further investigation be undertaken to address the identified jobs deficit.

 

Further work by the land owners has confirmed that some employment generating land uses are to be provided on site.  These include a neighbourhood centre likely to employ over 200 people, a primary school and opportunities for home based businesses.

 

These activities however, do not entirely provide for the job demands emerging from the new community.  In order to address the jobs deficit the LOG, in consultation with Council officers, has been working with Professor Ed Blakely and the Sydney University’s Policy Research Centre (PRC) to:

 

·    Identify the potential job shortfall at Glenmore Park, which is currently estimated to be approximately 1,330 jobs (total jobs required on and off-site is 2,085);

·    Develop an investment strategy that would target industry sectors that demonstrate the maximum potential for city-wide job creation (as an alternative to direct and indirect job creation  in Glenmore Park Stage 2);

·    Identify the mechanisms by which local employment opportunities might be generated to meet the anticipated job shortfall; and

·    Develop a contribution regime that will provide funding in a sustainable way for this to occur.

 

Councillors will recall that Professor Blakely provided an overview of his work to the Councillor Briefing session on 15 November 2006.

 

Based on a preliminary concept of “a vibrant centre for business, health and well being” and drawing upon the strengths of the City, the PRC team has identified the following “niche industry sectors” where investment and job generation efforts can be maximised:

 

·    health and well being;

·    logistics;

·    environmental management;

·    arts, culture and communications;

·    manufacturing.

 

The PRC also commented on the appropriate structures to deliver job creation activities.  They encourage institutional frameworks that are entrepreneurial, streamlined and self funding as well as accountable through clear performance contracts. Their recommended approach is to develop a new ‘development company’ which will act like any company with the right to bid on business to seek and attract jobs in Penrith and any other areas circumscribed by its charter such as Blue Mountains and Western Sydney.

 

The preferred ‘development company’ model would build on established employment generating organisations and Council’s own economic development unit that receive recurrent funding from Council.  The PRC study also references an ‘outsourced’ development company model adopted by Wagga Wagga City Council where Council’s economic and employment creation activity has been assigned to an independent Commercial Response Unit (CRU) based on a three year performance contract.  This group has been successful in creating 950 direct and 1,200 indirect jobs in Wagga Wagga over a three year period.

 

The ‘development company’ model appears to be one capable of delivering sustainable jobs to Penrith as well as providing a means of overcoming the job shortfall created by the Glenmore Park Stage 2 release area.  It would however be important for such an entity to be established with an appropriate critical mass and sustainable ongoing funding mechanism. 

 

The PRC work provides Council with the beginning of a business plan for the establishment of such a model.  The LOG, Professor Blakely, and other advisers are completing their investigations to ensure Council can be satisfied the ‘development company’ model:

 

·    Will generate the desired job outcomes; and

·    Can be adequately and sustainably funded.

 

The land owners continue to work with Council to identify how to implement the recommended model and ensure funding mechanisms are in place.  A further report will be presented to Council's Policy & Review Committee meeting on 30 April.  This will allow for Council to consider in more detail the approach being suggested for the Employment Development Strategy.  Once again, this issue is best addressed by way of a Planning Agreement between Council and the LOG.  The agreement will need to be finalised to Council’s satisfaction before the draft LEP is finalised for referral to the Minister for gazettal.

 

Regional Infrastructure Levy

Council is aware that the State Government has recently introduced a policy for regional infrastructure to be funded by developers of new urban release areas, to ensure that specific infrastructure critical to underpin the roll-out of the development is provided in a timely manner. 

 

The DoP has indicated that Glenmore Park Stage 2 will be subject of a Regional Infrastructure Levy which is currently under negotiation with the LOG.  It is understood the elements which are required to be funded in the Levy includes a range of arterial road network improvements, funding for public transport improvements, transfer of land to facilitate an extension of the Mulgoa Nature Reserve and the provision of funding towards the establishment of a new primary school.

 

The DoP has advised that negotiations are continuing and that the final level of contribution to be paid in the Levy is yet to be determined.  It is expected that this issue will be finalised prior to the Department of Planning gazetting any LEP for the release area approved by Council.

 

Next Steps

In order of sequenced, the remaining key steps in the planning and rezoning of the Glenmore Park Stage 2 urban release area are:

 

·    Following Council endorsement of the recommendations to this report, seek a Section 65 Certificate from the Department of Planning for exhibition of draft LEP;

·    Adopt the draft DCP 2006 amendment and Section 94 Plan for concurrent exhibition with the LEP once a Section 65 Certificate is obtained;

·    Finalise the draft Section 94 Development Contributions Plan for Council’s endorsement and public exhibition.

·    Resolve matters relating to affordable housing and employment delivery and incorporate those in a Planning Agreement for Council’s endorsement and public notification;

·    Following the exhibition process and after completion and endorsement of the Planning Agreement, adopt the LEP and forward it to the Minister for Planning for approval and gazettal;

·    Adopt the draft Penrith DCP 2006 amendment and Section 94 Plan.

 

The DoP may require, as part of its assessment of the draft LEP, in order to issue a Section 65 Certificate, some minor changes be made to the text or format of the Plan.  It is not expected that these changes will substantially affect the intent or operation of the Plan.

 

The draft Plans represent a solid foundation for guiding future development of the site and as such, it is considered appropriate for the draft LEP, Penrith DCP amendment and Section 94 Plan to be moved forward for public exhibition.  Given that the elements proposed to be contained in the Planning Agreement are yet to be finally resolved with the LOG, it is suggested that resolution of these matters occur concurrently with the public exhibition process for the draft plans.   The Planning Agreement will be reported back to Council once finalised for its endorsement.

 

Procedurally, it would be appropriate for Council to ensure that the Planning Agreement elements are effectively resolved and endorsed prior to Council adopting the final LEP for progression to the DoP and the Minister for gazettal.

 

Conclusion

The planning process for the Glenmore Park Stage 2 urban release area is now at a stage where most of the planning matters have been resolved.  A draft LEP and DCP 2006 amendment have been prepared for public exhibition and reflect Council’s broader policy position for urban release areas.  A Section 65 certificate is required to be issued by DoP to obtain approval for the public exhibition of the draft LEP.  It is recommended that Council request the Section 65 certificate and adopt the draft plans for the purposes of public exhibition.  The draft Plans, together with the previously endorsed Local Environmental Study, should be exhibited concurrently. 

 

A further report will be brought back to Council following the exhibition process outlining an assessment of the submissions received and relevant recommendations relating to the adoption of the final plans.

 

The current commitments expressed by the LOG in relation to affordable housing and employment delivery provide confidence that the appropriate level of developer contributions to be made towards them will be resolved shortly.  Given that the resolution of these matters can occur concurrently with the exhibition of the draft plans, it is considered reasonable to now move the planning process forward to the public exhibition phase.

 

A draft Section 94 Development Contributions Plan is currently being finalised and will be reported to Council shortly for its consideration and endorsement for its public exhibition concurrently with the draft LEP and draft DCP amendment.

 

The outcome of the Planning Agreement negotiations with the LOG will be reported to Council for consideration and endorsement.  It would be relevant however, for Council to advise the LOG that these matters and the finalisation of the related Planning Agreement will need to be completed prior to Council being in a position to adopt the final LEP for submission to the DoP and the Minister for gazettal. 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Glenmore Park Stage 2 - Draft Local Environmental Plan and Penrith Development Control Plan 2006 amendment.  Owners:  Stockland, Mulpha Norwest, Holicombe, Vianello and Mint Holdings be received.

2.     In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, Council submit the draft Penrith Local Environmental Plan 2007 – Glenmore Park Stage 2 as attached to this report to the Director-General of the Department of Planning seeking the issue of a Section 65 certificate to enable the draft Plan to be publicly exhibited.

3.     In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, a draft amendment to Penrith Development Control Plan 2006 Chapter 6 to incorporate the controls relating to Glenmore Park Stage 2 as attached to this report, be publicly exhibited.

4.     A further report be provided to Council seeking endorsement of the proposed Planning Agreement and draft Section 94 Development Contributions Plan as outlined in the report.

5.     The land owners group be advised of Council’s decision and that the Planning Agreement outlined in the report will need to be resolved and endorsed by Council prior to Council being in a position to adopt the draft Local Environmental Plan for referral to the Department of Planning and the Minister for approval and gazettal.

6.     A further report be presented to Council following public exhibition of the draft Local Environmental Plan, draft Development Control Plan amendment and draft Section 94 Development Contributions Plan, advising of the outcomes of the exhibition and making further recommendations relating to the adoption of the final plans.

 

ATTACHMENTS/APPENDICES

1. View

Land Zoning Map

1 Page

Appendix

2.  

Draft GP2 Development Control Plan

105 Pages

Attachment

3.  

Glenmore Park 2 DRAFT LEP with MAPS

54 Pages

Attachment

 


Ordinary Meeting

26 March 2007

Appendix 1 - Land Zoning Map

 

 

 

 

 


The City In Its Environment

 

Item                                                                                                                                       Page

 

4        Rainwater Tanks

 

5        Plan of Management for Jamison Creek Riparian Corridor

 

6        Asbestos contamination at Leonay Parade, Leonay

 

 



Ordinary Meeting

26 March 2007

The City in its Environment

 

 

The City in its Environment

 

 

4

Rainwater Tanks   

 

Compiled by:                Anthony Price, Environmental Health Co-ordinator

Carlie Mason, Trainee Environmental Health Officer

Authorised by:             Wayne Mitchell, Environmental Health Manager  

Requested By:             Councillor Kaylene Allison

Strategic Program Term Achievement: Water and energy conservation strategies are being implemented.

Critical Action: Develop and implement strategies that encourage water and energy conservation.

     

Purpose:

To provide information on the feasibility of Council implementing a rainwater tank buy-back scheme.  The report recommends the promotion of alternative water conservation initiatives as a tank buy back scheme has limited potential.

 

Introduction

In November 2006, a Parramatta City Councillor put forward a proposal to Parramatta City Council to provide residents with rainwater tanks through a ‘buy-back’ scheme.  The proposal suggested that their Council purchase 5000 litre rainwater tanks for residents who would then repay the cost in instalments over the course of a year.  By purchasing in bulk, it was hoped that a discount could be obtained and passed on to residents. This proposal attracted significant media attention at the time.

 

At Penrith City Council’s Ordinary Meeting on the 20 November 2006, Councillor Kaylene Allison requested a report on the possibility of operating a similar scheme to Parramatta City Council. This matter has been investigated over the past months and the findings are detailed in the following paragraphs.

Parramatta City Council

The announcements to the media about the Parramatta City Council scheme appear to have been premature as they are yet to implement such a scheme. They are currently exploring feasible options, including the following:

 

·    Buying tanks in bulk at discounted prices and passing this saving on to residents;

·    Establishing a record of rainwater tank suppliers and installers for resident information;

·    Directing residents to a number of credit unions that offer interest free loans for this purpose; or

·    Involving a number of councils in a broader buy back scheme.

 

Parramatta Council is still reviewing these options and has not yet resolved to implement such a scheme.

Penrith City Council

In the meantime, the feasibility of implementing a similar scheme at Penrith has been investigated. 

 

Preliminary enquiries with two rainwater tank suppliers suggest that prices range from $700 to about $2100 for a 2000 litre rainwater tank, whilst a 5000 litre tank would cost between $1000 and $1500, depending on the shape and style of the tank and the materials used.

 

The Sydney Water website states that a 5000 litre tank is advantageous for most households.  A tank of this size is generally appropriate for domestic use such as indoors in washing machines and/or toilet flushing, and outdoors for garden watering and car washing.  A minimum tank size of 2000 litres is recommended for use in small gardens or for toilet flushing only.

 

If Council were to purchase a number of tanks e.g. 100 tanks at the 5000 litre capacity as suggested by Sydney Water, the cost would range from $100,000 to $150,000. If the scheme was widely taken up by residents it would be reasonable to suggest that more than 100 tanks per year would be required.  Initial enquiries suggest that a 5 to 10 per cent discount could be obtained for bulk purchase.  

 

Tank storage and transport would also need to be considered.  It is unlikely that Council has the resources to store or transport tanks and, as a result, it would be necessary to negotiate with potential suppliers whether they could assist in this area.

 

At present, Sydney Water provides rebates on rainwater tanks that are above 2000 litres in volume.  For a tank between 2000 and 3999 litres in capacity a $150 rebate is available, for a tank between 4000 and 6999 litres in capacity a $400 rebate is available, and for a tank above 7000 litres in volume a $500 rebate is available.  An additional $300 is available for a tank of any size if a washing machine and/or toilet is connected to the tank. This rebate offer expires on 31 July 2008.

 

If Council were to purchase the rainwater tanks for residents, it may affect the ability of the property owner to claim the Sydney Water rebate.  In most situations, a more substantial discount can be obtained, through the Sydney Water rebate program, than what Council could potentially offer through buy back scheme. Residents would also retain the ability to choose from a broader range of materials and sizes if they were to purchase tanks utilising the Sydney Water rebate.

Alternatives to Rainwater Tank Buy Back Scheme

There are a number of water conservation initiatives that are currently being explored or implemented to benefit residents.  These are discussed below.

 

As a part of the ‘Sustainable Penrith’ program, general information regarding rainwater tanks is available from Council’s website.  This includes a list of suppliers and information about the Sydney Water rebate. Information is also provided to inform residents whether approval is required to install a rainwater tank. The ‘Sustainability Street’ program also encourages residents to get involved in water conservation workshops and assists participants in the program to obtain an Australian Government Community Water Grant.

 

Council is also currently implementing the actions developed as a part of the ‘Water Way: Water Conservation and Water Quality Action Plan 2005’.  There are a number of actions incorporated into this plan that are directed at reducing household water use, and promoting water efficient practices and products among the community.  Actions include developing and implementing specific planning controls, generating promotional materials, and working alongside other organisations to increase awareness about water conservation.  These actions will assist Council in creating a wider approach to water conservation within the community.

 

The responsible reuse of greywater within domestic households is also encouraged and Council has developed a brochure that provides information relating to the manner in which greywater should be reused. This brochure has been written in line with the soon to be released “New South Wales Guideline for Sewered Residential Premises (Single Households) Greywater Reuse” produced by the Department of Energy, Utilities and Sustainability.

 

Council will continue to encourage and provide information to residents so that they can take advantage of the Sydney Water rebate program while it is available. Additionally, Sydney Water has also implemented programs that provide customers with water conservation mechanisms that are a cheaper alternative to installing a rainwater tank.  They are currently offering free Do-It-Yourself Water Saving Kits that provide households with aerators and flow regulators to fit to taps and showerheads.  As a part of the WaterFix program, a qualified plumber will install these devices, adjust single-flush toilets, and check for minor leaks for a fee of $22.   Council will encourage residents to utilise both of these offers to increase the water efficiency of households.

 

Similarly to Parramatta City Council, we are reviewing and provide information to residents, regarding interest free loan schemes that are available to assist residents in purchasing a rainwater tanks. 

Financial Services Manager’s Comments

There are a number of financial implications to the “buy back” scheme being considered by Parramatta City Council, not the least being the significant funding commitment required.  Estimates are that an amount in the vicinity of $100,000 to $150,000 would be required for the upfront purchase at any one time, this is a significant amount of money.  A more feasible alternative may be to broker an arrangement between suppliers and residents.

 

Then there is the issue of residents defaulting on their repayments.  As the repayment of the advance cannot be implemented through rates and is unable to be attached as a debt to the property under the Local Government Act it would be more difficult, and relatively expensive, to collect any defaulted payments as they would need to be pursued through other legal avenues.

 

A number of credit unions, including Community First a local credit union, offer interest free loans for the purchase of rainwater tanks and this may be the most appropriate method of increasing the uptake of rainwater tanks in the Penrith LGA.

Conclusion

A Council implemented rainwater tank buy back scheme has limited potential, particularly considering that more significant savings can be made by utilising the rebate currently offered by Sydney Water. This rebate in conjunction with interest free loans currently being made available by some financial institution is considered to provide a greater savings for residents interested in purchasing a rainwater tanks.

 

 

 

RECOMMENDATION

That:

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

2.       Council continue to promote the Sydney Water rebate and WaterFix program.

3.     Council continue to investigate and provide current information to residents on available interest free loans offered by financial institutions for the purchase of rainwater tanks.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

26 March 2007

The City in its Environment