Agenda of Ordinary Meeting - 3 September 2007

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 13 AUGUST 2007 AT 7:32PM

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, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 July 2007

286 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Garry Rumble that the minutes of the Ordinary Meeting of 23 July 2007 be confirmed.

DECLARATIONS OF INTEREST

Nil.

MAYORAL MINUTE

Councillor Kevin Crameri OAM left the meeting, the time being 7:36 pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:37 pm.

1 25 Years Business Recognition Awards

287 RESOLVED on the MOTION of Councillor Pat Sheehy AM and Councillor Jim Aitken OAM

That:

1. The Mayoral Minute on 25 Years Business Recognition Awards be received.

2. Letters of congratulations be sent to the award recipients and the Penrith Valley Economic Development Corporation.

Reports of Committees

1 Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 27 June 2007

288 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Ross Fowler that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 27 June, 2007 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 30 July 2007

289 RESOLVED on the MOTION of Councillor Susan Page seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 30 July, 2007 be adopted.

3 Report and Recommendations of the Local Traffic Committee Meeting held on 6 August 2007

290 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 August, 2007 be adopted.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 Request for sponsorship assistance for High Octane and Airbrush Expo on Sunday 9 September 2007

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

That:

1. The information contained in the report on Request for sponsorship assistance for High Octane and Airbrush Expo on Sunday 9 September 2007 be received.

2. Sponsorship of the event to the value of $6,000 from the City Marketing budget be approved.

The City as a Social Place

3 North St Marys Neighbourhood Centre

292 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the information contained in the report on North St Marys Neighbourhood Centre be received.

2 Council Property - Expressions of Interest for Community Sunday Markets at Penrith and St Marys

293 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the information contained in the report on Council Property - Expressions of Interest for Community Sunday Markets at Penrith and St Marys be received.

4 Young People with a Disability in Nursing Homes

294 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor John Thain that the information contained in the report on Young People with a Disability in Nursing Homes be received.

5 Request for increased Subsidy - Nepean District Cricket Association (NDCA)

295 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Request for increased Subsidy – Nepean District Cricket Association (NDCA) be received.

2. An urgent report be submitted to the next Council Meeting addressing funding options available to increase the subsidy to the Nepean District Cricket Association to $47,100 per annum, commencing in 2007/08.

The City In Its Environment

7 Claremont Meadows Works in Kind Agreement for Embellishment of Eastern Precinct Park: Developer - UPL (No. 9) Pty Ltd

296 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Claremont Meadows Works in Kind Agreement for Embellishment of Eastern Precinct Park: Developer - UPL (No. 9) Pty Ltd be received.

2. Council enter into a Works in Kind Agreement with UPL (No. 9) for the embellishment of the Eastern Precinct Park as outlined in this report.

6 Domestic and Non-Domestic Waste Contracts

297 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Susan Page

That:

1. The information contained in the report on Domestic and Non-Domestic Waste Contracts be received.

2. Council approve Visy’s proposal to change the Scania trucks nominated in its tender to Volvo trucks of Euro 5 compliance, with delivery anticipated in March 2008. In the interim Visy will provide and maintain suitable used trucks to perform the recycling collection service as from 7 October 2007.

3. A further report be presented to Council detailing the outcome of SITA’s negotiations with Remondis employees.

8 Request for Additional Motion - 2007 Local Government Association Conference

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

That:

1. The information contained in the report regarding the Request for Additional Motion - 2007 Local Government Association Conference concerning Fireweed be received.

2. A motion be submitted to the 2007 Local Government Association Conference, as follows:

“That the Local Government Association request the State Government to assist in the control and eradication of Fireweed.”

The City Supported by Infrastructure

9 Federal Government Auslink Black Spot Program

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

That:

1. The information contained in the report on Federal Government Auslink Black Spot Program be received.

2. Council make further representations to both State and Federal Governments, regarding the high accident history on Mamre Road, particularly at the intersection of Lonsdale and Wilson Streets, and the Sherringham Road / Northern Road intersection at Cranebrook, requesting that funding for improvements at these sites be sought under alternate programs other than the National Black Spot Program.

3. Investigations be undertaken into the possibility of banning the right turning movement during peak times out of Sherringham Road into the Northern Road, Cranebrook, and Wilson Street into Mamre Road, St Marys, with a report being presented to the Local Traffic Committee as required.

10 Federal Government 2008/2009 "Auslink Black Spot Program" submissions

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

That:

1. The information contained in the report on Federal Government 2008/2009 "Auslink Black Spot Program" submissions be received.

2. Council endorse the 7 projects listed under ‘Table A’ of the present report for submission to the Roads and Traffic Authority for funding under the Federal Government 2008/2009 “Auslink Black Spot Program”.

3. The Roads and Traffic Authority be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in ‘Table B’ of this report.

Leadership and Organisation

11 Amendment to the 2007 Meeting Calendar

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

That:

1. The information contained in the report on Amendment to the 2007 Meeting Calendar be received.

2. The 2007 Council Meeting Calendar be amended so that:

· the Ordinary Council Meetings scheduled for 29 October 2007 and 19 November 2007 be held on 15 October 2007 and 5 November 2007 respectively;

· the Policy Review Committee Meeting scheduled for 5 November 2007 be held on 19 November 2007;

· an additional Policy Review Committee meeting be held on 29 October 2007;

· the Ordinary Meeting scheduled for 10 December 2007 be held on 3 December 2007;

· the Policy Review Committee meeting scheduled for 3 December 2007 be held on 10 December 2007; and

· an additional Ordinary Meeting be held on 17 December 2007.

12 Communities in Control Conference 2007 - From Advocacy to Policy - Communities Driving Change

302 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler that the information contained in the report on Communities in Control Conference 2007 - From Advocacy to Policy - Communities Driving Change be received.

13 The UK Economic Development Conference

303 A MOTION was MOVED by Councillor John Thain seconded Greg Davies

That:

1. The information contained in the report on The UK Economic Development Conference be received.

2. A memo be provided to the Mayor detailing opportunities for funding attendance at the conference and an official visit to Penrith, UK.

3. The Mayor or Mayor’s representative attend the conference and visit Penrith, UK.

An AMENDMENT was MOVED by Councillor Ross Fowler seconded Councillor Mark Davies

That:

1. The information contained in the report on The UK Economic Development Conference be received.

2. A memo be provided to the Mayor detailing opportunities for funding attendance at the conference and an official visit to Penrith, UK.

3. The Mayor attend the conference and visit Penrith, UK.

On being PUT to the meeting, the AMENDMENT was LOST.

On being PUT to the meeting, the MOTION was CARRIED.

14 Draft 2007-08 Management Plan Submission

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

That:

1. The information contained in the report on Draft 2007-08 Management Plan Submission be received.

2. Mr Oliver be advised of the outcome of his submission in terms of this report.

15 Summary of Investments & Banking for the period 1 July 2007 to 31 July 2007

305 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Mark Davies

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 July 2007 to 31 July 2007 be received.

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 July 2007 to 31 July 2007 be noted and accepted.

3. The graphical investment analysis as at 31 July 2007 be noted.

4. An urgent briefing be arranged on Council’s investment strategy.

QUESTIONS WITHOUT NOTICE

QWN 1 Berkshire Park Rural Fire Brigade

Councillor Lexie Cettolin requested that $465 from North Ward voted works be allocated to the Berkshire Park Rural Fire Brigade for the hire of the community hall for the Berkshire Park Rural Living and Ute Show.

306 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

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

307 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Kevin Crameri OAM that $465 from North Ward voted works be allocated to the Berkshire Park Rural Fire Brigade for the hire of the community hall for the Berkshire Park Rural Living and Ute Show.

QWN 2 International Friendships

Councillor Jackie Greenow congratulated Council officers, in particular Jo Ryan, for their efforts in hosting the recent visit by the Fujieda Student Exchange and also the Dance Exchange with Sister City Fujieda.

QWN 3 Drainage Issues - Showground Creek, Penrith

Councillor Garry Rumble requested a memo reply to South Ward Councillors, including copies of correspondence to the affected resident of Mulgoa Road, regarding the ongoing nuisance caused by runoff from Showground Creek, and also the resident’s request to redirect their main water supply.

QWN 4 Weir Reserve

Councillor Garry Rumble requested that, as a result of recent representations from visitors to the Great River Walk and the garden at Weir Reserve, plaques be provided identifying the types of trees planted in the garden.

QWN 5 Removal of Olive Trees - Soling Crescent, Cranebrook

Councillor Garry Rumble requested a report to Council regarding the removal of the olive trees in Soling Crescent, Cranebrook, with the report to make reference to the proposed future propagation of cuttings from these trees.

QWN 6 Electronic Signs on Mulgoa Road

Councillor Mark Davies requested a memo reply on the current status regarding permissibility of the use of large electronic signs along Mulgoa Road and also on the median strip entry to Glenmore Park, off Mulgoa Road.

QWN 7 Peppermint Reserve - Dumping of Green Waste

Councillor Mark Davies requested a memo reply addressing the dumping of green waste in Peppermint Reserve, Kingswood.

Councillor Mark Davies left the meeting, the time being 8:30 pm.

QWN 8 Garbage Services

Councillor Jim Aitken OAM requested a report to Council regarding the possible privatisation of garbage services, the report to detail costs to Council and ratepayers, and the possibility of excessive rubbish being stored on residential sites or dumped in public places.

QWN 9 Visit to China

Councillor Ross Fowler requested that, as he is now unable to attend the visit to Kunshan, China, in October 2007, Councillor Jim Aitken OAM replace him as Council’s representative on this visit.

308 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Greg Davies 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.

309 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Greg Davies that Councillor Jim Aitken OAM replace Councillor Ross Fowler as Council’s representative on the visit to Kunshan, China in October 2007.

QWN 10 Policy on Political Advertising

Councillor Ross Fowler requested a report to Council on the formulation of a policy covering political, and other, advertising on Council premises.

QWN 11 Brookfield Oval

Councillor John Thain requested a memo reply providing an update on when Council will be presented with a report regarding the use of Brookfield Oval as a training ground for the Brothers Juniors Football Club.

QWN 12 Parklawn Place, St Marys - Provision of 'No Skateboarding' signs

Councillor John Thain requested a memo reply concerning the replacement of ‘No Skateboarding’ signs at Parklawn Place, St Marys.

Councillor Mark Davies returned to the meeting, the time being 8:34 pm.

QWN 13 Intersection of Mamre and Erskine Park Roads

Councillor John Thain requested a memo reply regarding the possibility of installing lights at the intersection of Mamre and Erskine Park Roads, and requested that the matter be referred to the Local Traffic Committee, with a report to be submitted to Council, after consideration of the matter.

QWN 14 Biodiversity Corridors

Councillor David Bradbury requested a report to Council detailing the following:

history of Council’s investigations into the preservation of biodiversity corridors across our City;
opportunities for enhancing such conservation efforts through the adoption of the new consolidated LEP; and
opportunities for funding to enhance such conservation, including consideration of the Growth Centres Commission fund.

QWN 15 Establishment of Communal Noticeboard Facilities

Councillor David Bradbury requested a report to Council considering the merits of the establishment of communal noticeboard facilities.

QWN 16 Numbering of Properties in Victoria Street, Werrington, Kingswood and Cambridge Park

Councillor David Bradbury requested a report to Council outlining the current situation regarding ‘double numbering’ on Victoria Street in Werrington, Kingswood and Cambridge Park.

QWN 17 Allen Place Toilets - Penrith

Councillor David Bradbury requested a report to Council detailing the status of the Allen Place toilets, including the frequency of their cleaning.

QWN 18 Victoria Street - Telecommunications Works

Councillor John Thain requested a memo reply concerning telecommunications works that have been carried out to various sections of Victoria Street and asking that the relevant service provider be requested to repair the pavement in these areas.

Committee of the Whole

310 RESOLVED on the MOTION of Councillor Susan Page seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:41 pm.

1 Presence of the Public

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

City as an Economy

2 Council Property - Station and Belmore Streets, Penrith

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

City as a Social Place

3 Samuel Marsden Road Riding Facility Committee

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.

4 Review and Appeal of Determination of a Development Application for erection of a single storey dwelling at Lot 25 DP 2417 (No. 24) Fourth Avenue, Llandilo. Applicant: C Buchanan; Owner: C Buchanan DA05/1750

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

The meeting resumed at 9:09 pm and the General Manager reported that the Committee of the Whole met at 8:41 pm on 13 August 2007, the following being present

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 Council Property - Station and Belmore Streets, Penrith

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler

CW2 That:

1. The information contained in the report on Council Property - Station and Belmore Streets, Penrith be received.

2. The four tenders for the sewerage connection to the State Government’s land and Council’s land as submitted be rejected.

3. Council enter into negotiations for a construction agreement with CLM Excavations Pty Ltd for the sewerage reticulation connection for Lot 1121 and Lot 1122, corner of Station and Belmore Streets, Penrith for Line 1 and Line 2 as outlined in the report and in accordance with Section 178 3(e) of the Local Government (General) Regulations 2005.

4. The reason for not calling fresh tenders is the urgency with regard to connection of the sewer to the State Government’s land and Council’s land at the corner of Station and Belmore Streets, Penrith.

5. A further report be submitted to Council at the next available meeting setting out the terms of the tender process and the outcome of negotiations.

6. The Property Development Manager and Chief Financial Officer be authorised to reach and execute agreements with CLM Excavations Pty Ltd in accordance with this report.

3 Samuel Marsden Road Riding Facility Committee

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Susan Page

CW3 That:

1. The information contained in the report on Samuel Marsden Road Riding Facility Committee be received.

2. The proposed actions outlined in the report be endorsed by Council.

3. A further report be submitted to Council in three months’ time regarding the progress of the deliberations of the newly formed committee.

RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Kevin Crameri OAM

CW4 That:

1. The information contained in the report on Review and Appeal of Determination of a Development Application for erection of a single storey dwelling at Lot 25 DP 2417 (No. 24) Fourth Avenue, Llandilo be received.

2. That the Section 82A Review of Determination of Development Application for erection of a single storey dwelling at Lot 25 DP 2417 (No. 24) Fourth Avenue, Llandilo be determined by the Manager of Development Services.

3. The matter of unlawful building works be referred to Council’s Compliance Unit for appropriate action.

4. Council reconsider the relevance of the Clause 12 Development Standard in the preparation of the Rural Lands component of the new LEP and whether the property is identified as a “land locked” parcel.

ADOPTION OF Committee of the Whole

311 RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor John Thain 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 9:12 pm.

*Ordinary Meeting*	*3 September 2007*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee MEETING

HELD ON 20 August, 2007

PRESENT

His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Greg Davies (arrived 7:40pm), Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, and John Thain.

APOLOGIES

RECOMMENDED that apologies be received and accepted from Councillors Kevin Crameri OAM, Greg Davies, Susan Page and Steve Simat.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 30 July 2007

RECOMMENDED that the minutes of the Policy Review Committee Meeting of 30 July 2007 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

Leadership and Organisation

Councillor Greg Davies arrived, the time being 7:40pm.

1 2006-2007 Management Plan - June Quarter and End of Year Review

RECOMMENDED

That:

1. The information contained in the report on 2006-2007 Management Plan - June Quarter and End of Year Review be received

2. The 2006-2007 Management Plan Review as at 30 June 2007 be adopted

3. The voting of funds and estimates of income for 2006-2007 be amended to reflect the revised estimates, expenditures and revotes as detailed in the Management Plan Review

4. Council revote the works as detailed in the Recommended Revoted Works Lists for inclusion in the 2007-2008 Management Plan.

THE CITY AS AN ECONOMY

Councillor Lexie Cettolin left the meeting, the time being 8:15pm, and did not return.

3 City and Town Centre Associations - Business Plans and funding request for the 2007-08 financial year

RECOMMENDED

That:

1. The information contained in the report on City and Town Centre Associations - Business Plans and funding request for the 2007-08 financial year be received

2. That funding for the Penrith City Centre Association and the St Marys Town Centre Association in the amounts of $277,844 and $208,439 respectively be endorsed

3. An urgent report be presented to Council addressing the status of the Roads and Traffic Authority (RTA) presence in Queen Street, St Marys. The report is to include options for accommodating the RTA in Queen Street and for Council to support the actions being taken by the traders.

4 Penrith Valley Economic Development Corporation 2007-08 Business Plan

RECOMMENDED

That:

1. The information contained in the report on Penrith Valley Economic Development Corporation 2007-08 Business Plan be received.

2. Council endorse funding in the amount of $361,056 for the activities of the Corporation for the 2007-08 financial year to be paid in two equal six-monthly instalments.

The City as a Social Place

2 St Marys Release Area - Public Exhibition of draft Ropes Creek Precinct Plan and Development Control Strategy

RECOMMENDED

That:

1. The information contained in the report on St Marys Release Area - Public Exhibition of draft Ropes Creek Precinct Plan and Development Control Strategy be received

2. Council advise Blacktown City Council that no objections are raised to the draft Ropes Creek Precinct Plan and Development Control Strategy.

5 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

RECOMMENDED

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 68 of the Environmental Planning and Assessment Act 1979 and Regulation , the draft amendment to Penrith Local Environmental Plan 1996 (Industrial Land), as may be amended by Parliamentary Counsel, be forwarded to the Director –General of the Department of Planning, for the plan to be made.

Leadership and Organisation

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

RECOMMENDED

That:

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

2. The Draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors be placed on public exhibition for 28 days as required by Section 253 of the Local Government Act 1993.

7 ALGA Infrastructure Ideas Register

RECOMMENDED

That:

1. The information contained in the report on ALGA Infrastructure Ideas Register be received

2. The three examples highlighted in this report are posted to the ALGA Website in response to ALGA’s request

3. A copy of the schedule of outstanding infrastructure renewal included in the table in this report be forwarded to ALGA for its information and to Senator Kate Lundy in response to the Senator’s request.

8 Service Specification Program

RECOMMENDED

That:

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

2. The Service Specification for Corporate Governance be adopted

3. The Service Specification for Neighbourhood Renewal be adopted

4. The Service Specification for Project Management be adopted

5. The Service Specification for Catchment Management be adopted.

CONFIDENTIAL BUSINESS

The meeting closed to consider Confidential Business, the time being 9:07pm.

1 Presence of the Public

RECOMMENDED that the press and public be excluded from the meeting to deal with the following matters:

Leadership and Organisation

2 Personnel Matter - Workforce Issue

This item has been referred to Confidential Business 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.

3 Personnel Matter - Workforce Issue

RESUMPTION OF BUSINESS IN OPEN COMMITTEE

The meeting moved out of confidential session at 9:23pm and the General Manager reported that after excluding the press and public from the meeting, the Policy Review Committee met in confidential session from 9:07pm to 9:23pm to consider personnel matters.

The General Manager reported that while in confidential session, the Committee resolved the confidential business as follows:

2 Personnel Matter - Workforce Issue

RECOMMENDED

That:

1. The information contained in the report on Personnel Matter – Workforce Issue be received

2. The approach to providing for a future pay increase for 2007 be endorsed.

3 Personnel Matter - Workforce Issue

RECOMMENDED

That:

1. The information contained in the report on Personnel Matter – Workforce Issue be received

2. The increase proposed in conjunction with a new Council Agreement be endorsed.

There being no further business the Chairperson declared the meeting closed the time being 9:24pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 20 August, 2007 be adopted.

*Ordinary Meeting*	*3 September 2007*
*The City as a Social Place*

The City as a Social Place

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

Compiled by: Steve Barratt, Building Approvals Unit Co-ordinator

Shari Hussein, Development Enquiry Co-ordinator

Warwick Stimson, Development Assessment Co-ordinator - South

Peter Wood, Development Assessment Co-ordinator - North

Authorised by: Paul Lemm, Development Services Manager

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

Critical Action: Formulate and implement social and cultural strategies for redeveloping established areas that support cohesive communities.

Purpose:

To provide Council with information relating to the Department's performance and compliance activities. The report recommends that the information be received.

Background

Introduction

This report is for the period January – March 2007, and the report format is as follows:

1. Key Development Services

2. Other Development Services

3. Service Improvement

The highlights of the Development Services Department during this quarter included:

· Hosting of the inaugural Penrith Excellence in Design Awards on 1 June 2007. The awards were judged by professional representatives from the Government Architect's Office – NSW Department of Commerce, and presented to winners in five categories. Over 80 people attended the event.

· Development Consent issued for $8.5million alterations to Nepean Hospital. The alterations will accommodate additional acute care beds in the northern wing.

· Development Consent issued for $600,000 commercial premises in the Glenmore Park shopping precinct. The premises are intended to accommodate a bank and a real estate office.

· Implementation of a program targeting soil and erosion controls on building sites.

1. Key Development Services

The 2006/2007 Management Plan provides Key Performance Indicators (KPIs) for the provision of key development services (eg development assessment and issuing of construction certificates). The performance achieved in this quarter is reported below. Other development services (eg fire safety and building audits) are detailed later in this report.

1.1 Comparison of applications received 06/07

Figure 1 details the applications that were received in the March quarter, compared to the same quarter last year. This graph reveals that there was an 11% (38) reduction in minor development applications and a 30% (97) reduction in construction certificates. There has been a 22% (29) increase in major Development Applications received in the corresponding period. The blend of development applications received has maintained a bias on commercial/industrial land rather than residential.

Figure 1

1.2 Key Performance Indicators (KPIs)

Figure 2 below illustrates the Department’s service, in relation to measurable KPIs for major Development Applications for the quarter, and provides a comparison with previous years. The table below outlines the composition of major development applications determined in the quarter.

Application Type	No. Determined	No. & % within target	Target
Multi Unit Housing	4	4 (100%)	60%
Dual Occupancy	10	6 (60%)	60%
Commercial	58	44 (76%)	70%
Industrial	10	8 (80%)	75%
TOTAL	82	62

Figure 2

Figure 2 demonstrates significant improvements in determination timeframes for all KPI categories, in particular the residential categories. Whilst “industrial” was the only category to not achieve the yearly KPI, it exceeded its monthly KPI target by 5%. Across the board, there was a substantial improvement over previous years, and this is a reflection of the improvements made to the Department's structure and work practices over the past 12 – 18 months. It should also be noted that due to the decline in residential type development applications, there has been a reduction in the level of community consultation which influences the passage of a development application.

The following table provides details of KPIs for Council’s Building Approvals services for the quarter only.

Application Type	No. Received	No. Determined	No. & % within target	Target
DAs for 2 Storey Dwellings	26	16	(13) 81%	70% within 40 days
DAs for additions & Single Storey Dwellings	275	252	(225) 89%	85% within 40 days
Building Certificates	39	38	(37) 97%	90% within 21 days
Construction Certificates	227	213	(200) 94%	85% within 28 days
Complying Development Certificates	3	3	(3) 100%	100% within 7 days
Compliance Certificate Inspection	734	734	(734) 100%	100% within 24 hours of booking
Occupation Certificates	309	319	96%	100% within 7 days of satisfactory final inspection
TOTAL	1613	1575

The KPIs in this quarter were met except those for the determination of Building Certificates. The actual performance for Building Certificates was only 1% less than the KPI.

1.3 Development Applications in Progress

1.3.1 Major Development Applications

Figure 3 demonstrates that the levels in major applications received by Council are steadily increasing. The number of determinations being produced by the Development Assessment Unit is increasing comparably. Individual planning officer workloads are still high due to existing vacancies although recruitment has commenced to fill these positions. It is expected that the existing performance will prove a challenge while DA numbers continue to increase and vacancies exist. Where possible and if needed, outsourcing of some work will be considered.

Figure 3

1.3.2 Minor Development Applications

Figure 4 demonstrates that the number of applications received by Council has increased marginally in the latter part of the Management Plan year. The number of DAs determined has kept pace with the DAs received and, in fact, over the year the backlog of applications has reduced by 20.

Figure 4

2. Other Development Services

2.1 Pre-Lodgement Panel

Previous Qtr

Multi-unit Housing

Dual Occupancy

Commercial

Industrial

Other

Cancelled

TOTAL

Jan – Mar 2007

Percentage

10%

39%

100%

Current Qtr

Multi-unit Housing

Dual Occupancy

Commercial

Industrial

Other

Cancelled

TOTAL

Apr – Jun 2007

Percentage

20%

24%

26%

30%

100%

The percentage figures for the April to June 2007 period show a significant rise in pre-lodgements for residential type developments compared to the January to March Quarter. The residential figures are encouraging, indicating that the market may be improving. The commercial/industrial figures remain strong and reflect a continuation of enquiries about large scale development. The total number of meetings is higher overall compared to previous quarters. This can be partially attributed to the promotion of the pre-lodgement service with customers via our duty planner service.

We are currently exploring ways to improve the pre-DA service, and in July we will start introducing some changes. For example:

· Commencing a trial of lodgement of pre-DA concept plans via email;

· Introducing a pre-DA request form (that will soon be available on our website);

· Providing for credit card payment in advance of the panel meeting;

· Introducing pre-lodgement discussions for construction certificates.

2.2 Building Audits

This program involves the review of development application files to ensure compliance with conditions of consent. It is an important activity as it confirms that Council’s legislative responsibilities are met, reduces the likelihood of future litigation, and reduces the risk to the lives of occupants of premises under review.

During the quarter, 478 files for residential developments were audited. The residential applications audited included individual dwellings (229), residential additions (43) and swimming pools (206). The majority of outstanding issues identified were minor and are being resolved by negotiation. Enforcement action was instigated for 19 of the files reviewed.

Any audit that reveals non-compliance with the conditions of consent that is not resolved by negotiation is pursued with future enforcement action. The enforcement action involves:

· The issue of notices and orders;

· Issuing Penalty Infringement Notices;

· Placing notations on Council’s Property Information System;

· Instigating Court procedures

The enforcement action is continued until the compliance is achieved.

2.3 Fire Safety

This program comprises the approval and annual inspections of Places of Public Entertainment and the registration of Annual Fire Safety Statements on Council’s database. The Environmental Planning and Assessment Act require Council to assess and determine applications for entertainment venues. Annual inspections and review of approvals is a vital activity to ensure that safety levels are maintained.

Currently, there are 50 premises on the database that have annual entertainment approvals. During the quarter, 7 entertainment approvals were renewed for a further 12 months and one approval was issued for a new venue.

Owners of commercial and industrial premises are required by legislation to annually forward certification to Council, demonstrating that required fire services installed in their buildings are being maintained to an appropriate level. As part of the Fire Safety Program, these certificates are reviewed to ensure that all fire services have been checked, and that the certificates have been completed in accordance with the requirements of the legislation. The certificates are also registered on a database. Owners are reminded of their responsibilities, and appropriate enforcement action is taken if they do not comply with these responsibilities.

This program has been implemented to reduce risks to life by encouraging building owners to maintain fire services so that in an emergency they are likely to operate effectively. This equipment is designed to either warn building occupants of hazardous conditions and/or suppresses those conditions.

During the quarter, 205 properties were added to the database, increasing the total premises to 1,000. Additionally, 98 Annual Fire Safety Statements were received from existing properties previously registered on the database.

2.4 Enforcement Matters

The following table details the complaints received and actioned during the quarter.

Complaint Type	Received	Outstanding No.
Unauthorised / Non-compliant development	25	0
Construction Sites	5	1
Dangerous Structures	5	0
Stormwater Flooding - Urban	13	2
Swimming Pool Fencing	6	3
Waste Management	4	0
Fire Safety	3	0
Conditions of Approval	1	0

During the quarter, a total of 62 complaints relating to building matters were received, with 56 (90%) being resolved. The unresolved complaints are subject to ongoing action and will be pursued until they are satisfactorily finalised.

2.5 Customer Service

The Administration Unit of the Development Services Department handles all Customer Service functions, and in this quarter achieved the following results:

· answered approximately 7,513 incoming phone calls;

· produced 254 Outstanding Notice Certificates;

· acknowledged 153 complaints;

· answered 175 requests made under Section 12 of the Local Government Act;

· acknowledged over 95 submissions made in relation to development applications;

· scanned and converted over 400 consents into the new development application system;

· attended 47 panel meetings;

· prepared over 388 Development Application consents, 213 Construction Certificates and 319 Occupation Certificates.

3. Service Improvement

3.1 On-line Planning Services

A separate report has been presented to the Procedures and Systems Team Meeting, providing a status of the investigations for the on-line planning services project. The goal is to ultimately deliver an online planning service that can allow users to make a zoning enquiry, fill out a form and lodge development application plans via the internet, to track the progress of their application, and to communicate electronically with other stakeholders including applicants, assessment officers, the community and referral agencies – all through a single, secure online portal.

Whilst the primary focus is on development applications, there are a number of other Council processes/transactions that could be delivered on-line. The task of managing information systems relating to the development industry is vast and also includes construction certificates, licences, planning certificates (s149s), developer contributions (under S94), rates notices (s.603 certificates) and so on. There are other components of these systems that also need standardisation such as application forms, statistical reporting, fees and charges, estimations of value of work, and access to documents lodged with Council for information requests (under FOI and s12).

A study has been conducted of what services are offered by other councils in NSW. Many councils are either building, or have built, online planning services, often as part of a partnership with other government agencies and federal funds. Key software providers gave demonstrations of the available products to Council officers in July and early August. The overall online planning services project is likely to take 2-3 years to complete (based on discussion with other councils) and needs to be adequately resourced by a project team across the organisation.

Conclusion

It is apparent that the level of development activity is starting to slowly increase. Although there have been some challenges experienced throughout this quarter, in terms of vacancy rates, the department has maintained its ability to achieve the KPI targets. When compared to previous years, the Department's performance, when assessed against the KPI's, has improved. This is a reflection of the improvements made to the Department's structure and work practices over the last 12 – 18 months and a substantial decline in ‘in-fill’ residential development applications which are subject to more community involvement, negotiation and refinement through the course of the assessment process.

RECOMMENDATION

That the information contained in the report on Update of activities undertaken by the Development Services Department - Final Quarter 2006/2007 be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*3 September 2007*
*The City as a Social Place*

The City as a Social Place

Development Application 07/0530 proposal for Boarding Kennels and Cattery at Lot 1 DP 29321 (No.388-396) The Driftway, Londonderry Applicant: Rick Anderson; Owner: Lorna J Anderson

DA07/0530

Compiled by: Allison Cattell, Environmental Planner

Authorised by: Paul Lemm, Development Services Manager

Requested By: Councillor Kevin Crameri OAM

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

Critical Action: Formulate and implement social and cultural strategies for redeveloping established areas that support cohesive communities.

Purpose:

To enable Council to determine a proposal for Boarding Kennels and a Cattery at 388-396 The Driftway, Londonderry. The application is worthy of support and is recommended for approval, subject to conditions.

Background

An existing approval remains over the site for the training, trialling and breeding of greyhounds (DA183/85). The operation resulting from this use was the subject of complaints, and subsequent court proceedings pertaining to noise emissions from the use of a greyhound training track, the source of particular concern being a mechanical lure used for the track along the western boundary. On 18 March 2003, a Court Order was signed by solicitors on behalf of both Penrith City Council (applicant), and Mr and Mrs Anderson (respondents), agreeing with consent orders, including the construction of an appropriately sound-proofed fence and the removal of the mechanically operated lure.

To the south and directly adjoining the property is Richmond Racecourse. There is an existing approval for a greyhound trial track extending over both sites (DA211/91). The consent was subject to conditions including:

– The creation of a right-of-way over Lot 1 DP 29321 in favour of Richmond Racecourse to allow access to the trial track encompassing the existing toilet facilities and parking area;

– The maintenance of site facilities for parking sufficient to serve the business conducted;

– The use to operate so as not to cause injury to the amenity of persons residing in the vicinity;

– The access road within Lot 1 DP 29321 to be maintained;

– Noise generation to be maintained within the limits of the Noise Control Act 1970;

– Hours of operation being limited to daylight hours only and between the hours of 7:30am and 9:30 and 4:00pm and 7:00pm Tuesday, Wednesday and Thursday and between 7:30am and 9:30am Saturday and Sunday.

As a result, the Andersons have entered into deeds of agreement with Richmond Racecourse for use of a right-of-carriageway, amenities block and car parking on their site. Each agreement has been signed for a period of five (5) years since 9 March 1992, the last of which will expire on 9 March 2012.

Currently, the property owners have considerably reduced the breeding, training and trialling of greyhounds on the site and are currently operating boarding kennels for all breeds of dogs and cats without approval. This was brought to Council’s attention as signage on the site had changed to “All Breeds Boarding Kennels and Cattery”. Subsequently, the owners of the site were advised to either comply with the current approval or lodge an application for the changed use. The owners have stated that they do not wish to proceed with the current approval (DA183/85) should the current proposal be approved.

Prior to lodging the current application, preliminary advice from Council’s Environmental Compliance Coordinator was sought from the applicant relating to the existing consent and the current use. Council officers met with the applicant 19 April 2007 to review information being prepared for the application. Preliminary advice was given to the applicant in order to reduce the likelihood of further information being requested during the assessment of the application. The acoustic report, Statement of Environmental Effect (SEE) and site plans required more detail to reflect the proposed use of the site. The current application before Council now includes this detail of the proposal.

Site and surrounds

The site is 4.203 hectares in area and is oriented in a north-south direction. The site is located approximately 500 metres west of Londonderry Road, and immediately to the north is the boundary of Penrith Local Government Area (LGA) and Hawkesbury LGA. Richmond Racecourse adjoins the property to the south, for which access via a right-of-carriageway has been created over the proposed site. Approximately one kilometre to the west is Jockbet Street (Appendix 1).

The area is predominately characterised by long narrow lots used for rural purposes including boarding kennels and stables.

The proposed development

The application proposes the following:

– Surrender of DA183/85 for training, trialling and breeding of greyhounds;

– Honouring a lease agreement between Richmond Racecourse for use of right-of-carriageway, amenities block and car parking on the proposed site until 9 March 2012;

– Boarding of a maximum of 60 dogs and 20 cats;

– Operating hours of 7am to 5pm Monday to Sunday;

– One advertising sign 1.8 metres by 1.2 metres at a height of 1.2 metres off the ground;

– Use and conversion for cattery purposes of existing kennel buildings;

– Use of straight trial track as an exercise area (not for trialling or training purposes); and

– Use of swimming pool for dog exercise.

The application was accompanied by the following:

– Site plans (Appendix 2);

– A Statement of Environmental Effects;

– An Acoustic Report prepared by Camets Acoustics.

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

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

Penrith Local Environmental Plan 201 (Rural Lands)

Permissibility

The subject site is zoned 1(b) – Rural smallholdings under Penrith Local Environmental Plan 201 (Rural Lands). The proposed development falls within the definition of an “animal boarding, breeding, training or treating establishment” which is permissible with the consent of Council.

Zone Objectives

The proposed development is consistent with the objectives of the 1 (b) – Rural zone, including:

a) to assist in meeting the demand for hobby farms and rural/residential development in Penrith where it is consistent with the conservation of the rural, agricultural, heritage and natural landscape qualities; and

b) to ensure that development does not create unreasonable demands, now or in the future, for provision or extension of public amenities or services; and

c) to ensure that the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of these localities; and

d) to ensure that views from main roads and the rural character of the area will not be adversely affected; and

e) to ensure that development will not lead to excessive soil erosion or run-off.

Tree Preservation (Clause 17)

No additional development is required. Therefore, no trees are required to be removed as part of this application.

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

The Draft Penrith Local Environmental Plan (DLEP) 1999 (Flora and Fauna Conservation) applies to the site. The built form will not be changing, no additional buildings are required, and no tree removal is proposed. As there will be no additional impact upon native vegetation or fauna, the DLEP does not apply to this proposal.

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

Penrith Development Control Plan 2006 (DCP) – Chapter 4.9 (Rural Development)

The following provisions are relevant to the proposal.

Services

Utility services are already established on the site and will continue to service the proposed use.

Access

The existing driveway will be utilised for access to the site. This driveway is also currently providing access to Richmond Racecourse via a right-of-carriageway. It is recommended that the use of the right-of-carriageway cease on 9 March 2012 and be extinguished (Special Condition 2.2). The driveway will remain to provide access to the dwelling, dog kennels and cattery.

Advertising

The applicant is proposing one sign at the entrance of the property for identification from the street frontage of the use operating within the site. The sign is 1.8 metres by 1.2 metres and stands 1.2 metres off the ground. It is recommended as a condition of consent that the sign not be illuminated (Special Condition 2.3).

Car Parking

There is no defined car parking rate for animal kennels within the DCP or the Road and Traffic Authority’s (RTA) Guide to Traffic Generating Development. As such, a site-specific analysis is required.

There are currently eight (8) car spaces available on site, directly outside the kennels. There are also approximately five (5) car spaces available to the south of the property that are located behind a padlocked gate. This car park is within the right-of-carriageway and is made available for the use of Richmond Racecourse until 9 March 2012. The car parking area will be removed as of 9 March 2012. It is recommended as a condition that the gate remain to accord with the acoustic report (Special Condition 2.4).

The applicant has stated that only the occupier of the site is to be the operator of the proposed dog and cat kennel. As there are no employees or non-resident staff, the car parking available will service those utilising the facility exclusively.

The applicant has indicated that the time to drop off or collect a pet is between three (3) and five (5) minutes. It is expected that there will be between five (5) and ten (10) vehicle movements per day. Given the scale of the kennels indicated, satisfactory car parking facilities for eight vehicles have been provided to cater for the projected demand (Standard Condition K027).

Noise Generation and Control

The kennels are enclosed and are designed to prevent cross viewing. The roller doors are closed of an evening and music is played as background noise to prevent reaction by dogs to other noises occurring outside the kennels.

The acoustic report prepared by Camets Acoustics was based on noise monitoring in the afternoon of 16 March 2007 before peak traffic. Two noise monitors were used. One was positioned two metres west of the kennels (monitor 1), and the other halfway down the length of the straight track facing the kennels (monitor 2). The distance between the monitors was over 200 metres. Noise was measured at each location for over an hour and compared. During the monitoring, dogs within the kennels barked as did dogs in adjoining properties. Noises from horses were also observed.

The results of the noise monitoring demonstrated monitors were independent of each other with no pattern emerging. The noise emitted from Monitor 1 was not greater than Monitor 2. Noise levels emitted from the boarding kennels and cattery are within acceptable noise criteria and this is credited to existing noise barriers such as fencing, brick walls, roof treatments and the design of the kennels facing inward.

A total of 32 dogs and 9 cats were kennelled at the time of monitoring. The result of modelling the data on twice the amount of dogs and cats was an increase of three (3) dBA. With the 3 dBA adjustment to the acoustic information, the noise from the kennels/cattery was found to be below the background level during both day and night.

The acoustic report relies on the following operations, measures and management practices being employed to reduce noise emissions. It is recommended that this be conditioned such that:

– Training, trialling and breeding will not occur (Special Condition 2.5);

– No more than 60 dogs and 20 cats are kept on site at any one time and no other animals are kept on the site (Special Condition 2.6);

– Animals are fed inside the kennels/cattery and during the day only (Special Condition 2.7);

– Distressed dogs are treated immediately to reduce the impact of barking (Special Condition 2.8);

– The five (5) metre high fence and other fencing will remain as a noise attenuator (Special Condition 2.9);

– One owner and one dog will use the pool at any one time (special condition 2.10);

– Vehicles using the right-of-carriageway to access Richmond Racecourse do so between the hours of 7am and 7pm only (condition of consent for DA211/91);

– One dog at a time is exercised along the straight track (Special Condition 2.11); and

– A lure/winch is not operated on the site (Special Condition 2.12);

– An Operational Management Plan be submitted that provides for additional noise mitigation measures such as dog calming techniques, actions taken against troublesome boarders, lock-up procedures and vehicle movement on the site (Special Condition 2.13).

Council’s Environmental Health Officer has reviewed the acoustic report and has raised no objection to the proposal, subject to recommended conditions of consent that:

§ Adopt the recommendations of the acoustic report, provide for limits on noise emissions and certification that the building has been constructed to meet the noise criteria specified in the acoustic report (Special Condition 2.14);

§ Provide for set operating hours, feeding and exercise times, and appropriate treatment of distressed or injured animals (Special Condition 2.15, 2.7, 2.16 and 2.8 respectively);

§ Surrender the existing consent (DA183/85) for the training, trialling and breeding of greyhounds (Special Condition 2.17);

§ Provide for satisfactory waste storage, disposal and management (Special Condition 2.18); and

§ Provide for satisfactory kennel and landscape maintenance (Special Condition 2.19 and 2.20).

Boarding, breeding, training/treating establishments

The applicant has stated that the current operational use on the site for the trialling, training and breeding of greyhounds will cease should approval for the proposed dog and cat kennel be granted. That is, trialling and breeding of dogs or cats will no longer occur on the site.

Given the applicant currently has approval for trialling, training and breeding greyhounds, the proposed boarding kennels for cats and dogs can utilise existing car parking, stabilised driveway access, waste services and established clientele. It is also acknowledged that the adjoining property to the east has approval for dog kennelling. With the property to the south being Richmond Racecourse, the proposed use is consistent with other land immediately surrounding the proposed site.

Should approval be granted, the breeding of animals will no longer occur. It is recommended as a condition that animals are not to be sold on the premises (Special Condition 2.21).

In assessing the proposal against the ‘Code to Control the Establishment of Boarding and Breeding Kennels’ (the Code), the following is confirmed:

§ The allotment of the site has a site frontage greater than 90 metres;

§ The kennels are closer than 150 metres from residential dwellings and cater for more than ten (10) dogs contrary to the requirements of the Code. However the kennels already exist. Further, the only residence that is within 150 metres of the subject kennels has approval for dog kennels. The acoustic report does not raise objection on noise grounds to warrant a relocation of the kennels. In accordance with the aims of the code, potential impact upon adjoining properties has been minimised, given the existing noise attenuation measures including vegetation, fencing and directional and speed control signage on the site;

§ All kennels proposed for use are screened from view from the street. A site inspection revealed residue dog holding cages/kennels, light posts, a lure track and associated tower along the straight exercise area. The light posts and lure rail are not associated with the proposed use. It is recommended as a condition that these structures be removed from the site (Special Condition 2.22) and the besser block watch tower be used for storage purposes only (Special Condition 2.23);

§ All kennels are currently concreted to facilitate cleaning;

§ Sound-proof sheds for distressed or injured dogs are required and it is recommended that this be conditioned accordingly. It is recommended that dog kennels are to be sound-proofed and maintained accordingly (Special Condition 2.24);

§ Satisfactory car parking is provided, no trees will be removed and no breeding will occur on site;

§ Dogs and cats are to be confined to their kennels at all times, except during permitted exercise times (Special Condition 2.25);

§ The acoustic report submitted with the application demonstrates that the proposal can operate with minimal impact on adjoining and nearby properties;

§ Services are utilised for the adequate removal of waste from the site.

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

Many of the likely impacts have been discussed previously with reference to the DCP 2006. The following are additional considerations:

Built and Natural Environment

The immediate area surrounding the proposed site includes Richmond Racecourse and other training, trialling and boarding uses for dogs and horses. Given this, the use is likely to support the character and possibly provide a service to surrounding properties.

There are gates at ‘The Driftway’ entry of the site where access to the kennels is gained. A condition is recommended that these be closed outside approved business hours to prevent entry to the site (Special Condition 2.26).

The proposed activity has the potential to emit odours. A condition is recommended for waste to be managed and the premises cleaned and maintained to prevent the generation of odours (Special Condition 2.27).

The lighting along the track and the lure rail are recommended to be removed, as they are associated with the previous use which is to cease as part of this application. The removal of this will improve the rural character of the site.

Sediment and erosion control measures are to be installed for the life of the development. Accordingly, no fill is to be introduced to the site and grass cover is to be established where dogs are exercised. It is recommended that this be conditioned (Standard Condition D005 and Special Condition 2.20).

Social and Economic

Submissions received during the notification period raised issues with the proposal, however, subject to recommended conditions of consent, they do not object to the proposal. The issues revolve primarily around the use of the straight exercise area along the western boundary. However, given the fencing along this boundary, and the recommendation to restrict the times this area can be used for exercise, it is unlikely that any further conflict will arise. The acoustic report concurs that the fencing will be a satisfactory noise attenuator for the use proposed within this area.

Given the current use of the site has greater potential for impact upon adjoining properties by way of noise emissions, the proposed use is likely to benefit the surrounding community. Further, the proposed use is likely to improve the functionality of the site. On 9 March 2012, the use of the right-of-carriageway, amenities block and car parking by third parties will cease and the extinguishment of the right-of-carriageway will commence. This will render the circular track on Richmond Racecourse invalid, as compliance with the conditions pertaining to access will no longer be possible. As such, it is recommended that DA211/91 be surrendered as of 9 March 2012 (Special Condition 2.28).

Site management requirements

The site is to be managed to minimise potential impact upon the amenity of the area. It is recommended that the applicant provide an Operational Management Plan (Special Condition 2.13) that includes:

– Contact details of the operators of the kennels and cattery;

– A contingency plan aimed at addressing any concerns raised by Council or nearby residents, including action to be taken against troublesome boarders;

– Supervision of the cattery and kennels;

– Monitoring the health of dogs and cats and an emergency response plan in the event of an injury, illness or outbreak;

– Storage location of cleaning products in a weatherproof and lockable room;

– Dog calming techniques that are employed continuously on site and in the event that a dog or cat becomes aggressive,

– Lock-up procedures; and

– Vehicle movement on the site.

It is further recommended as a condition that a register of complaints, and the response taken, is kept by the operator (Special Condition 2.29). In the event of noise complaint, the applicant is to provide an acoustic report addressing the performance criteria achieved by the approved development. This report is to be prepared by a suitably qualified consultant and is to recommend additional mitigation measures that are to be employed.

Where the site is managed in accordance with the recommended conditions, the impact of the proposed development is likely to be positive.

5. Section 79C(1)(c) – The Suitability of the Site for the Development

The proposed use is permissible in this zone and is of a scale that is sympathetic to the surrounding land uses. This use will improve the future character of the area, subject to the surrender of DA183/85. The site is suitable for the proposed development, as all services and structures required already exist as a result of the use of the site for trialling, training and breeding greyhounds. As such, dog exercise areas, kennels, stabilised access to the site and a car park are all established. The site is surrounded by other dog related activities, making it ideal for services providing kennelling for cats and dogs to be located in close proximity.

The proposed kennels and cattery are positioned to maximise their function and reduce visibility from the street. The cattery is located away from the dog kennels and a condition is recommended that dogs and cats board separately (Special Condition 2.30). The exercise area is well fenced on both boundaries, and the dog pool is positioned to allow for casual visits accessed from the car park area. The use-related, directional and speed signage on the site, barricades, stabilised car park area and waste storage area ensure a workable site.

It is unlikely that the proposed use will impact negatively upon the road network as the applicant has indicated that visits to the site will generally not exceed ten (10) a day. There is additional patronage to the site via the right-of-carriageway which allows visitors to the Richmond Racecourse access through the applicant’s property. Whilst this varies, the applicant has indicated that over the past twenty years this has averaged fifteen (15) visits per session. However, it is recommended that this cease 9 March 2012.

6. Section 79C(1)(d) – Any Submissions made in relation to the Development

Referrals

The application was referred to the following and their comments have formed part of the assessment:

*Referral Body*	*Comments Received*
Environmental Health Unit	No objection, subject to conditions

Community Consultation

In accordance with Chapter 2.7 (Notification and Advertising) of Council’s DCP, the proposed development was notified to nearby and adjoining residents. Council notified four (4) residences in the area and received two (2) submissions from different occupiers of the same residence in response.

The following issues were raised in the submissions received and have formed part of the assessment.

Submission:

"I have no objection to the establishment of an animal boarding facility provided that Council's strict dog control regulations and conditions are applied to ensure the business does not have a negative impact...

Acoustic disturbances are most offensive during the night and it is paramount that noise attenuation is addressed in the form of acoustic insulation and not left to ineffective barriers such as wooden fences"

Response:

Refer to Section 3 (DCP 2006 - Noise Generation and Control) and Section 4 (Likely Impacts) of this report for discussion.

Submission:

"I am concerned that the proposed All Breeds Boarding Kennels and Cattery will become an addition to the present Greyhound Training, Trialling, Kennelling and Breeding business".

Response:

As discussed in Section 4 of this report (Likely Impacts – Social and Economic), the existing greyhound training, trialling, boarding and breeding approval will be surrendered.

Submission:

"I am concerned about increasing the maximum number of dogs on the site from thirty (30) to sixty (60)".

Response:

No additional development is proposed as the existing kennels will accommodate the proposed 60 dogs and 20 cats. Refer to Section 4 (Likely Impacts) and Section 5 (Suitability of the Site) for discussion.

Submission:

"I am concerned with the proposal to use the 420 metre long straight track as an exercise area for dogs".

Response:

Conditions are recommended that provide for appropriate use of the track, specifically Special Conditions 2.5, 2.12, 2.16 and 2.22.

Submission:

“I am concerned with the excessive commercialisation of the property”.

Response:

‘Animal boarding, breeding, training or treating establishments’ are permissible in the 1(b) - Rural smallholdings zone. This includes commercial boarding activities.

The surrender of other use-related approvals and the operation of the proposed boarding kennels and cattery by only the occupiers of the site will mitigate the commercial scale of proposed use.

Submission:

“I am concerned with the accuracy of the acoustic report”.

Response:

Refer to Section 3 of this report (DCP 2006 - Noise Generation and Control).

Conclusion

In assessing the use against the current relevant instruments, the proposal is permissible and satisfies the requirements, subject to conditions. It is unlikely that the proposal will have a negative impact on the surrounding environment, subject to the recommended conditions. The site is suitable for the development proposed and is in the interest of the public, and is thus worthy of support.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 07/0530 proposal for Boarding Kennels and Cattery at Lot 1 DP 29321 (No.388-396) The Driftway, Londonderry be received.

2. Development Application 07/0530 proposal for Boarding Kennels and Cattery at Lot 1 DP 29321 (No.388-396) The Driftway, Londonderry be approved, subject to the attached conditions:

Standard conditions

2.1 A001 (Plans)

A019 (Occupation Certificate)

A021 (Business registration)

A030 (No retail sales)

B001 (Demolition of lights and lure rail)

B002 (AS for demolition)

B003 (Asbestos)

B004 (Dust)

B005 (Mud/Soil)

B006 (Hours of work)

D001 (Sediment and erosion control measures)

D002 (Spray grass)

D005 (No fill)

D010 (Waste disposal)

K027 (Car parking – 8 spaces in total)

L008 (Tree preservation order)

L012 (Retain existing)

Q006 (Occupation Certificate)

Special conditions

2.2 The use of the right-of-carriageway over the property leading to Richmond Racecourse land is to cease as of 9 March 2012 and it is to be extinguished within six (6) months of this date. Written evidence that the extinguishment of right-of-carriageway has been lodged with Land and Property Information division of the Department of Lands is to be submitted by 9 March 2012.

2.3 The sign is to be fixed, not flashing. The sign is not to be illuminated

2.4 The gate restricting access to the rear of the site is not to be removed.

2.5 The trialling, training and breeding of animals is not permitted and is not to occur on the site.

2.6 No more than 60 dogs and 20 cats (regardless of age) are to be kept on the premises at any time.

No other animals are permitted to be boarded on the site.

2.7 Dog and cat feeding is to be restricted to the hours between 9am to 9.30am and 4pm to 4.30pm. Dogs and cats are to be fed within the kennels and cattery respectively.

2.8 Distressed or injured dogs and cats are to be housed in an isolated sound proofed kennel/room while in recovery in accordance with the Statement of Environmental Effects.

2.9 The noise barrier located along the western boundary is not to be removed and is to be maintained and any damage to the noise barrier is to be repaired immediately.

2.10 One owner and one dog are to use the pool at any one time.

2.11 One dog at any one time is to be exercised in the straight exercise area.

2.12 The use of any lure being mechanical, motorised or otherwise is not permitted on the site.

2.13 An Operational Management Plan is to be provided to Council prior to the issue of an Occupation Certificate that includes, but is not limited to:

– Contact details of the operators of the kennels and cattery;

– A contingency plan aimed at addressing any concerns raised by Council or nearby residents including action to be taken against troublesome boarders;

– Supervision of the cattery and kennels;

– Monitoring the health of dogs and cats and an emergency response plan in the event of an injury, illness or outbreak;

– Storage location of cleaning products in a weatherproof and lockable room;

– Dog calming techniques that are employed continuously on site and in the event that a dog or cat becomes aggressive;

– Procedures and instances where dogs and cats may board with another;

– Lock-up procedures; and

– Vehicle movement on the site.

2.14 Noise levels from the premises shall not exceed the relevant noise criteria detailed in report number ARH72D11 (inclusive of amendments submitted 3 May 2007), prepared by Camets Acoustics Pty Ltd, dated 3 May 2007.

The recommendations provided in the above mentioned acoustic report shall be implemented and incorporated into the design and construction of the development, and shall be shown on plans accompanying the Occupation Certificate application. A certificate is to be obtained from a qualified acoustic consultant certifying that the building has been constructed to meet the noise criteria in accordance with the approved acoustic report. This certificate is to be submitted to Council prior to the issue of an Occupation Certificate and three (3) months and twelve (12) months after the Occupation Certificate is issued.

The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise.

2.15 The operating hours are from 7am to 6pm Monday to Sunday. Delivery and service vehicles generated by the use are also limited to between these hours.

2.16 The dog exercise areas including the pool and straight track shall not be used between the hours of 6pm and 8am.

2.17 Prior to the issue of an Occupation Certificate, development consent number 183/85 for the training, trialling and breeding of greyhounds is to be surrendered to Penrith City Council in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

2.18 Solid waste is to be disposed of at a lawful waste facility, or, if suitable recycled. Solid waste is to be stored in a designated area prior to removal for disposal or recycling. Where possible, the waste storage area is to be located so that it is not visible to adjoining land owner/occupiers. The waste storage area is to be provided with a weatherproof cover when it is unattended or not in use.

2.19 Hosing out kennels with water is not permitted. Kennels are to be cleaned using predominantly dry methods that limit the use of water. Acceptable methods would include sweeping, mopping and manual collection and disposal of dog waste.

2.20 Grass cover is to be established and maintained in outdoor kennel runs and dog exercise yards.

2.21 The sale of animals is not permitted on the site.

2.22 The light posts and lure rail located along the straight track on the western boundary are to be removed prior to the issue of an Occupation Certificate.

2.23 The besser block driving tower (BA 2645/85) is to be used for storage purposes only.

2.24 Dog kennels are to be sound-proofed and maintained accordingly.

2.25 Dogs and cats shall be confined to their kennels at all times, except during permitted exercise times.

2.26 The gates at ‘The Driftway’ entrance of the site are to be closed outside the approved hours of operation.

2.27 Waste is to be managed and the premises cleaned and maintained to prevent the generation of offensive odours.

2.28 Development consent number 211/91 for a Greyhound Trial Track is to be surrendered on 9 March 2012 to Penrith City Council in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

2.29 A register of complaints and the response taken is to be kept by the operator. Upon request, this is to be supplied to Council. In the event of noise complaint, the applicant is to provide an acoustic report addressing the performance criteria achieved by the approved development. This report is to be prepared by a suitably qualified consultant and is to recommend additional mitigation measures that are to be employed.

2.30 Dogs and cats are to be boarded separately.

3. Those making submissions be notified of the decision.

ATTACHMENTS/APPENDICES

1. View	Locality map for 388 The Driftway	1 Page	Appendix
2. View	Site plan for Dog Kennels and Cattery at 388 The Driftway Londonderry	1 Page	Appendix

*Ordinary Meeting*	*3 September 2007*
*The City in its Environment*

The City in its Environment

Purchase of a spreader for Recycled Organics Topdressing

Compiled by: Lindsay Clarke, Parks Coordinator

Authorised by: Raphael Collins, Parks Construction & Maintenance Manager

Strategic Program Term Achievement: Council leads our City by example and through advocacy by implementing sustainability initiatives.

Critical Action: Promote sustainable production and consumption and sustainable procurement.

Purpose:

To seek Council's approval to purchase a spreader to apply Recycled Organics to Council's sporting fields. The report recommends that the spreader be purchased as soon as possible with funds advanced from the Waste Performance Incentive Payments.

Background

At the Policy Review Committee Meeting on 30 April 2007, Council considered a report on the Waste Performance Incentive Payments to Council. In this report by the Waste and Community Protection Manager it was proposed that the Waste Performance Incentive Payments be used to establish a reserve for:

· playing field improvements using recycled organics;

· resource recovery from street litter bins;

· resource recovery from parks litter bins.

The Waste and Community Protection Manager proposed the following expenditure from the

Waste Performance Incentive Payments:

	*Recycled* *Organics* $	Parks litter bin waste processing $	Street litter bin waste processing $	*Total* $
2007/2008	40,000	45,000	35,000	120,000
2008/2009	40,000	45,000	35,000	120,000
2009/2010	300,000	45,000	35,000	380,000
2010/2011	300,000	47,000	36,000	383,000
2011/2012	300,000	47,000	36,000	383,000
2012/2013	300,000	47,000	36,000	383,000
2013/2014	250,000	47,000	37,000	334,000
2014/2015	200,000	47,000	37,000	284,000
2015/2016	200,000	47,000	37,000	284,000
2016/2017	200,000	47,000	37,000	284,000

He also proposed in the report that the Waste Performance Incentive Payments be used to establish a reserve to fund this expenditure. Details of the proposed reserve are as follows:

*Year*	*Projected income from* *Waste incentive* $	*Expenditure* $	*Reserve* $
2006/2007	50,000	0	50,000
2007/2008	280,000	120,000	210,000
2008/2009	420,000	120,000	510,000
2009/2010	560,000	380,000	690,000
2010/2011	700,000	383,000	1,007,000
2011/2012	0	383,000	624,000
2012/2013	0	383,000	241,000
2013/2014	0	334,000	(93,000)
2014/2015	0	284,000	(377,000)
2015/2016	0	284,000	(661,000)
2016/2017	0	284,000	(945,000)

This proposal was included in the 2007/08 Management Plan and was subsequently adopted by Council.

Current Situation

The abovementioned funding provides for the purchase and spreading of composted organics on sporting fields. In 2007/08 and 2008/09, 1,500 tonnes of organic topdressing will be utilised on sporting fields. In 2009/10 to 2012/13, 7,000 tonnes of organic topdressing will be used on Council’s playing fields per year.

The expenditure proposed is based on the organic topdressing being spread by a contractor. The current rate to spread topdressing by contract is $5 per tonne. For the years 2009/10 to 2012/13 this will total $35,000 per year

An alternative to spreading by contractor, is for Council to purchase a suitable mechanised spreader and utilise existing staff to topdress the fields. The cost of the spreader could be funded from the reserve and would then require less money to be drawn from the reserve over subsequent years. Staff costs would be funded from existing operational budgets.

The spreader required is the type used for large scale agriculture applications and the estimated cost of an Australian made machine is $42,000.

The preferred spreader is a trailer (8 tonne capacity) which can be drawn by an existing Council tractor. With the feed conveyor and spinners hydraulically driven from the tractor, these spreaders have a long life expectancy with minimal maintenance costs.

Revised tables of expenditure and proposed reserve movements follow to show how a spreader can be purchased and funded from the Waste Performance Incentive Payments.

Proposed Expenditure

	*Recycled* *Organics* $	Parks litter bin waste processing $	Street litter bin waste processing $	*Total* $
2007/2008	80,000*	45,000	35,000	160,000
2008/2009	38,000	45,000	35,000	118,000
2009/2010	275,000	45,000	35,000	355,000
2010/2011	275,000	47,000	36,000	358,000
2011/2012	275,000	47,000	36,000	358,000
2012/2013	275,000	47,000	36,000	358,000
2013/2014	225,000	47,000	37,000	309,000
2014/2015	180,000	47,000	37,000	264,000
2015/2016	180,000	47,000	37,000	264,000
2016/2017	180,000	47,000	37,000	264,000

* Includes purchase of spreader for $42,000

Proposed Reserve Movements

*Year*	*Projected income from* *Waste incentive* $	*Expenditure* $	*Reserve* $
2006/2007	50,000	0	50,000
2007/2008	280,000	160,000	170,000
2008/2009	420,000	118,000	472,000
2009/2010	560,000	355,000	677,000
2010/2011	700,000	358,000	1,109,000
2011/2012	0	358,000	661,000
2012/2013	0	358,000	303,000
2013/2014	0	309,000	(6,000)
2014/2015	0	264,000	(270,000)
2015/2016	0	264,000	(534,000)
2016/2017	0	264,000	(798,000)

The reduced expenditure on recycled organics from 2008/09 to 2012/13 is made up of two components:

· payment for spreader purchased in 2007/08

· spreading by Council not contractor

From 2013/14 onward, the reduced expenditure is due to the spreading being carried out by Council.

The table shows the long term benefit to Council by extending the reserve from the Waste Performance Incentive Payments without decreasing the quantity of recycled organic topdressing used on playing fields.

There is a real advantage in purchasing the spreader as soon as possible. Council staff can use it for the smaller quantities of topdressing programmed for 2007/08 and 2008/09. Using the spreader now will help Council staff prepare for the much larger quantities programmed for delivery from 2009/10 onwards.

Waste and Community Protection Manager’s Comments

The use of composted organics on sporting fields has been demonstrated to have significant beneficial effects including reduced hardness of the fields and increased turf cover.

The use of composted organics on our sporting fields is a key issue in ‘closing the loop’ on a significant amount of organic material that will be collected from residential premises in Penrith.

The purchase of a spreader is seen as a logical step in ensuring that the resource is available to Council at any time and reducing costs in the long term.

Financial Services Manager’s Comments

The purchase of a spreader early in the program is a logical step that will deliver cost savings and efficiencies. It will ensure that Council staff have access to a spreader at times that suit the parks teams’ schedules and priorities. The $5 per tonne cost saving to Council will allow the program to extend to 2013-14 before the reserve will be exhausted. There will be minimal additional maintenance costs for the spreader and these can be accommodated within the existing parks maintenance budget.

RECOMMENDATION

That:

1. The information contained in the report on Purchase of a spreader for Recycled Organics Topdressing be received.

2. A spreader be purchased for Recycled Organics topdressing in the current financial year with funds advanced from the Waste Performance Incentive Payments reserve as detailed in the report.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*3 September 2007*
*The City in its Environment*

The City in its Environment

Update on the Campaign of the Western Sydney Alliance

Compiled by: Wayne Mitchell, Environmental Health Manager

Authorised by: Wayne Mitchell, Environmental Health Manager

Requested By: Councillor David Bradbury

Strategic Program Term Achievement: Effective land use management policies, regulatory practices and controls are being implemented to protect the environment.

Critical Action: In partnership with others, develop and implement strategies to improve regional air quality.

Purpose:

To provide an update on the campaign by the Western Sydney Alliance to oppose the proposed second Sydney airport at Badgerys Creek.

Background

The Western Sydney Alliance was formed almost a decade ago to oppose the proposed second Sydney airport at Badgerys Creek. The Alliance is a collective of Western Sydney councils with a common concern about the environmental and social impacts that the proposed international airport operating 24 hours per day would cause. The Mayor of Penrith has maintained the position of Deputy Chair of the Alliance since its inception, with the Mayor of Holroyd or his delegate holding the position of Chair.

The Alliance has successfully argued against the proposed airport through a campaign of raising awareness of the identified impacts that it would have. All of the major political parties at both State and Federal level have confirmed their opposition to the proposed airport, with the exception of the current Australian Government.

The most recent advice from the Minister for Transport and Regional Services, Mark Vaile MP, is that the Government has no plans to build a second Sydney airport, but it will for the foreseeable future retain the Badgerys Creek site as a contingency. The advice also indicates that in 2009, when the Master Plan for the Sydney Airport is due for renewal, airport capacity will be examined along with the future of the Australian Government’s intentions for the Badgerys Creek site. A copy of recent letters to Alliance members is included as an appendix to the report.

The Australian Government previously committed to a review of Sydney’s airport needs in 2005, following a deferral of a decision about Badgerys Creek in 2000. Despite intense lobbying by the Alliance for an open and transparent review in 2005, there is no evidence that it ever occurred.

As it currently stands, the Badgerys Creek site (approximately 1800ha) remains reserved by the Airports Act for a future airport, should it become necessary. Without long-term plans for integrated transport systems, and the consideration of an alternative site outside the Sydney Basin, the site will remain as the default location.

The privatisation of Sydney’s airports has also affected future decisions about Badgerys Creek. Hoxton Park airport is expected to be closed in the near future, and both Bankstown and Camden airports are constrained from any growth by strict Master Plan requirements. Sydney Airport has been privatised, and the new operator, Macquarie Airports, has the first right of refusal on the operation of any second airport to be constructed within 100km of Sydney. If the world-wide trend for budget airlines continues, the demand for a low cost, overflow airport at Badgerys Creek could quickly emerge.

While the Badgerys Creek site maintains its reserved status, the only factor that will prevent its development is the continuing and long-term ability of Sydney Airport to meet long-term airport and aviation needs. The Sydney Airport Master Plan was based on a typical demand growth of between 3 and 4 percent over the next 20 years. Even these relatively modest growth factors equate to a trebling of passenger traffic through the airport. Actual aviation activity levels have been significantly higher than predicted in the first few years of the Master Plan. A continuation of these growth rates would place significant doubt on the Plan’s underlying assumptions about Sydney Airport’s ability to meet future demand.

In any case, it appears almost inevitable that growth and expansion at Sydney Airport will be limited by very real social and environmental considerations, before it becomes limited by physical and engineering constraints. This limitation is likely to be reached well before the expiry of the 20 year Master Plan.

Alliance Activities in 06-07

The Alliance maintained an active campaign during the year by regularly raising the profile of the Badgerys Creek issue. Regular correspondence was made with all political parties, including submissions to any transport related inquiries. Some key activities included:

· NSW Legislative Council Inquiry into the relationship between air quality and health in the Sydney Basin – a detailed submission was made, which emphasised the existing air quality challenges confronting Western Sydney, and the additional and unacceptable risks to air quality that would result from a major airport at Badgerys Creek, and associated road based ground transport.

· Presentation to Western Sydney Federal Government MPs – the Alliance Executive met with the Member for Macquarie and the Member for Lindsay to reconfirm concerns about the Badgerys Creek proposal.

· Presentation to the Minister for Western Sydney – The Alliance Executive made a formal presentation to the Minister and key ministerial staff. The Alliance used this opportunity to bring the Minister, and through her the NSW Government, up to date on the Badgerys Creek issue, and increasing problems being caused by the uncertainty surrounding the future of the site. This meeting and follow-up discussions prompted an urgency debate by the NSW Parliament on the Badgerys Creek issue in October 2006.

· Badgerys Creek Roundtable – The Alliance, in partnership with WSROC, held a forum to canvas community, business and political views on the Badgerys Creek Airport issue, and the need to resolve the uncertainty about the future of the site and the negative impacts that a second Sydney airport at the site would have on regional communities. One of the unanimous resolutions of the round table was for a call on the Federal Government to resolve the uncertainty and to rule out once and for all the possibility of a major airport being built at the site.

· Delegations to Canberra (November and December) – Alliance delegations, in partnership with WSROC and community members, met with members of the Government and the Federal Opposition. The delegations called on the Government, as a matter of urgency, to:

o Undertake its promised review of Sydney’s future airport needs;

o Resolve the Badgerys Creek Airport and site issue by ruling out an airport at Badgerys Creek;

o Work actively and urgently with State and Local Governments to develop an integrated and prioritised transport strategy for Sydney.

Both delegations were well received.

· NSW State Election – the Alliance distributed flyers to remind residents of Western Sydney that the Badgerys Creek site is still reserved for an airport.

Alliance Operating Plan for 07-08

The Alliance is meeting on 30 August 2007 to finalise and adopt its operating plan for the year ahead. The main focus of the campaign will be to raise awareness of the Badgerys Creek Airport issue in the lead up to the next federal election. Some key aspects of the campaign will include:

· Writing to all candidates in seats in Western Sydney seeking firm commitments of opposition to the Badgerys Creek airport proposal;

· Preparation of campaign material for Alliance members to distribute throughout Western Sydney;

· Preparation of a joint transport paper in conjunction with WSROC. This paper will investigate the need for integrated ground transport options associated with alternatives to a second airport in the Sydney Basin;

· Organisation of a Transport and Airport Forum in conjunction with WSROC. This forum will be the venue to discuss the transport paper and facilitate debate about Sydney’s transport needs;

· Possible delegations to Canberra to meet with Government and Opposition Ministers.

Conclusion

The Western Sydney Alliance still maintains an important role in opposing the proposed second Sydney Airport at Badgerys Creek. Analysis of all the reports and documentation about the airport proposal has identified an extensive catalogue of very serious environmental and social impacts if the airport was to be built. These concerns continue to be ignored and the site remains reserved for an airport if it is needed at some time in the future. In the absence of the consideration of any alternatives, the Badgerys Creek site remains as the default location.

The uncertainty of the reservation of the Badgerys Creek site continues to cause concern for residents of Western Sydney and affect future planning for the region.

RECOMMENDATION

That the information contained in the report on Update on the Campaign of the Western Sydney Alliance be received.

ATTACHMENTS/APPENDICES

1. View

Badgerys Creek

3 Pages

Appendix

# 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

*Ordinary Meeting*





*3 September 2007*
*Appendix 1 - Locality map for 388 The Driftway*

*Ordinary Meeting*



	*3 September 2007*
*Appendix 2 - Site plan for Dog Kennels and Cattery at 388 The Driftway Londonderry*

*Ordinary Meeting*





*3 September 2007*
*Appendix 1 - Badgerys Creek*