Agenda of Ordinary Meeting - 17 December 2007

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 3 DECEMBER 2007 AT 7:34PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

STATEMENT OF RECOGNITION

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

PRESENT

His Worship the Mayor Councillor Greg Davies, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, Pat Sheehy AM, Steve Simat (arrived at 8:02 pm) and John Thain.

APOLOGIES

440 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that the apology from Councillor Steve Simat be accepted.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Susan Page for the period 5 November 2007 to 17 December 2007 inclusive.

CONFIRMATION OF MINUTES - Ordinary Meeting - 5 November 2007

441 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 5 November 2007 be confirmed.

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a non-pecuniary interest in Item 3 – Magnetic Places – Community Cultural Grants Program, as he is an office holder on the Llandilo Community Hall Committee.

SUSPENSION OF STANDING ORDERS

442 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor David Bradbury that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40 pm.

Mr Andrew Smith

Item 10 – Chameleon Drive Reserve – Erskine Park

Speaking AGAINST the Recommendation

Mr Smith was representing the Western Storm Soccer Club and outlined the Club’s concerns that the membership is growing but that the Club has no permanent allocated grounds for training and competition. He stated that any other grounds that they could possibly use are already overcrowded with the usage of other soccer clubs in the area. Mr Smith reiterated that his Club was prepared to make a contribution to finding a long term solution to this problem, possibly involving a 3-5 year plan and requested Council’s assistance in this regard, stating that before any grant monies can be sought, appropriate grounds need to be identified.

Mr Sasha Johnson

Item 12 – Community Noticeboard Facilities

Speaking FOR the Recommendation

Mr Johnson outlined the benefits of noticeboards, in particular their function of facilitating local arts and cultural events, raising public awareness, creating a sense of community, and providing opportunities for employment, access to housing, networking, pastoral care, and education and tuition. Mr Johnson stated that the noticeboards should be community owned and managed to ensure timely notification of events.

Mrs Gabriella Fenech

Item 14 – Subdivision Application 07/0121 at University of Western Sydney Lot 1721 DP 864087 (No. 56) Second Avenue, Kingswood. Applicant: Whelans Planning; Owner: University of Western Sydney, and Item 16 - Development Application 07/1281 Concept Plan for a “Seniors Living” Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood. Applicant: Anglican Retirement Villages; Owner: University of Western Sydney

Speaking AGAINST the Recommendation

Mrs Fenech, an affected owner whose property is adjacent to the location of the proposed development, spoke of her concerns regarding the potential increase in traffic travelling along Manning Street on the boundary of her property. In addition, stating that increased traffic will be unsafe for pedestrian residents. Mrs Fenech also noted that this development would affect the level of privacy at the rear of her property and was concerned that the development would be excessive in terms of bulk and scale.

Mr Tim Vollmer

Speaking AGAINST the Recommendation

Mr Vollmer, an affected neighbour, addressed the issue of increased traffic, in particular the safety of students on school days, and requested details of the traffic assessment that was recently carried out in the area.

Councillor Steve Simat arrived at the meeting, the time being 8:02 pm.

443 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that an extension of time be granted to Mr Tim Vollmer.

Mr Vollmer reiterated that the potential volume of through traffic was of particular concern. Mr Vollmer also raised the matter of the maximum height of the development possibly exceeding 8 metres, and also requested a map of the area which was notified of the development proposal.

Mr Trevor Ratcliff

Item 16 - Development Application 07/1281 Concept Plan for a “Seniors Living” Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood. Applicant: Anglican Retirement Villages; Owner: University of Western Sydney

Speaking FOR the Recommendation

Mr Ratcliff, representing the applicant, spoke in support of the proposed development, and noted that the average age of residents would preclude them from driving motor vehicles and therefore the traffic impact on Manning Street would be minimal. Mr Ratcliff stated that, although the plans for the development have not yet been finalised, most of the development is likely to consist of single to two storey structures, to best meet the needs of residents in the area.

444 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that an extension of time be granted to Mr Trevor Ratcliff.

Mr Ratcliff concluded by raising the matter of likely employment generation in the area, as a result of the proposed development, together with its location close to UWS, which may offer potential synergies, including opportunities for students in health care to obtain training.

Mr Yusuf Tayebjee

Item 16 – Development Application 07/1281 Concept Plan for a “Seniors Living” Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood. Applicant: Anglican Retirement Villages; Owner: University of Western Sydney

Speaking AGAINST the Recommendation

Mr Tayebjee, an owner of property in the vicinity of the proposed development, briefly reiterated the concerns raised by affected neighbours, particularly with regard to possible traffic impacts, emphasising the effect that increased traffic will have on the safety of school children in the area.

Mr Edward Owen

Item 22 – Adoption of Plan of Management for River Road Riparian Corridor

Speaking FOR the Recommendation

Mr Owen, representing the River Road Residents Committee, spoke in support of the Plan of Management that has now been prepared for this area, and noted the history of resident concern over the condition of the riverbank, with trees and weeds taking over and reducing the visual amenity of the area. Mr Owen stated that a very successful public meeting was held with regard to this situation, and noted that this meeting was well supported by Council staff. Mr Owen thanked Council staff who offered residents the opportunity to have input into the Plan of Management. Mr Owen then offered some suggestions with regard to the use of resident volunteers in the future management of the area, after the works have been undertaken, noting that parking issues need to be clarified, and also suggesting some measures for building of retaining walls, replanting of the site, and the need to find a solution to the issue of pooled stormwater in the roadway.

RESUMPTION OF STANDING ORDERS

445 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy AM that Standing Orders be resumed, the time being 8:30 pm.

Mayoral Minutes

1 Muru Mittigar wins prestigious award for second consecutive year

446 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Muru Mittigar wins prestigious award for second consecutive year be received.

2 Locals recognised in Western Sydney Academy of Sport Annual Awards

447 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Pat Sheehy AM that the Mayoral Minute on Locals recognised in Western Sydney Academy of Sport Annual Awards be received.

3 2007 Federal Election

448 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on 2007 Federal Election be received.

Reports of Committees

Councillor Jackie Greenow left the meeting, the time being 8:45 pm

Councillor Jackie Greenow returned to the meeting, the time being 8:46 pm.

1 Report and Recommendations of the Local Traffic Committee Meeting held on 5 November 2007

449 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 November, 2007 be adopted, with the exception of Item 3 – O’Connell Street, Claremont Meadows – Existing Two Lane Slow Point (Chicane) Device, which is to be the subject of a further report on the actions taken in relation to this matter.

2 Report and Recommendations of the Policy Review Committee Meeting held on 19 November 2007

450 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 November, 2007 be adopted.

MASTER PROGRAM REPORTS

451 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Garry Rumble that Items 16 and 14 be considered before any other Items in the business paper.

The City AS A SOCIAL PLACE

In regard to Item 16 - Development Application 07/1281 Concept Plan for a "Seniors Living" Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood. Applicant: Anglican Retirement Villages; Owner: University of Western Sydney, it was noted that the Development Services Manager had advised Councillors by memo, dated 30 November 2007,t hat the reference to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, on page 93 of the report, should have been a reference to State Environmental Planning Policy (Seniors Living) 2004.

16 Development Application 07/1281 Concept Plan for a "Seniors Living" Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood. Applicant: Anglican Retirement Villages; Owner: University of Western Sydney DA07/1281

452 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that consideration of this matter be deferred and a report be presented to the Ordinary Meeting of 17 December 2007, which addresses the following issues:

1. The option of the proposed roadway linking Manning Street to the UWS internal road network being severed to provide for two cul-de-sacs with the cul-de-sac from Manning Street to provide service access to the Hi-Care facility only.

2. Staff access to the Hi-Care and Independent Living Units to be provided via the UWS internal road network, not Manning Street.

3. The proposed building height being consistent with the relevant development controls.

4. Other matters raised by the speakers addressing tonight’s meeting, in relation to the buffer zone to existing residences, traffic and parking.

Councillor David Bradbury FORESHADOWED an intention to move a MOTION to defer Item 14 – Subdivision Application 07/0121 at University of Western Sydney Lot 1721 DP 864087 (No. 56) Second Avenue, Kingswood. Applicant: Whelans Planning; Owner: University of Western Sydney.

14 Subdivision Application 07/0121 at University of Western Sydney Lot 1721 DP 864087 (No. 56) Second Avenue, Kingswood. Applicant: Whelans Planning; Owner: University of Western Sydney DA07/0121

453 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jim Aitken OAM that this matter be deferred for consideration at the Ordinary Meeting of 17 December 2007.

At 9:02 pm, the Mayor vacated the Chair and left the meeting, and the Deputy Mayor, Councillor Jackie Greenow took the Chair for the remainder of the meeting.

The City IN ITS BROADER CONTEXT

1 Status of the Roads and Traffic Authority presence in Queen Street, St Marys

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

That:

1. The information contained in the report on Status of the Roads and Traffic Authority presence in Queen Street, St Marys be received.

2. Council write to the Roads and Traffic Authority, with copies to Local Members, seeking information regarding the proposed timeframe for the return of RTA services to St Marys.

The City as a Social Place

2 Community Assistance Program 2007 Planned Component

455 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

1. The information contained in the report on Community Assistance Program 2007 Planned Component be received.

2. Council approve funding the recommended projects and amounts totalling $39,000 from the Planned Component of the Community Assistance Program as outlined in this report.

3 Magnetic Places - Community Cultural Grants Program

456 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

1. The information contained in the report on Magnetic Places - Community Cultural Grants Program be received.

2. Council approve the applications and the recommended funding allocations

as provided in Table 1 of this report.

6 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients

457 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat that the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients be received.

7 Victoria Street Community Cottage - Annual General Meeting

458 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

1. The information contained in the report on Victoria Street Community Cottage - Annual General Meeting be received.

2. Council, under Section 355 of the Local Government Act 1993, appoint the following persons to comprise the Management Committee for the Victoria Street Community Cottage at Werrington:

Len Willis – President

Angie Green – Secretary

Betty Schneider – Treasurer

Betty Warren – Booking Officer

Committee Members: Avis Oakes, Ron Tipton , Sue Tipton, Hans Schneider, Margaret Borland, Noel Borland, Maureen Romanowski, Leonie Hannah, Carmen Boserio, Barbara Reed, Desmond Lucas.

3. Council delegate care, control and management of Victoria Street Community Cottage under Section 377 of the Local Government Act 1993 to the Victoria Street Community Cottage Management Committee

8 Australasian Cemeteries and Crematoria Association Conference, 7-11 October 2007 - Melbourne

459 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat that the information contained in the report on Australasian Cemeteries and Crematoria Association Conference, 7-11 October 2007 - Melbourne be received.

9 Penrith Football Stadium Redevelopment

460 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

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

2. The scope of works for the application of the $5 million NSW Government contribution for Stage 2 redevelopment of the Penrith Football Stadium focussing on the eastern grandstand and north-east entry be:

· North east forecourt

· Centres of excellence

· public toilets

· lift

· widening of the top level corridor

· back of house services

· upgrading of the corporate boxes.

3. The Penrith Football Stadium Redevelopment Working Party continue to meet as required during the course of Stage 2 works.

13 Claremont Meadows Stage 2 - Planning Agreement for Conservation Lands

461 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

1. The information contained in the report on Claremont Meadows Stage 2 - Planning Agreement for Conservation Lands be received.

2. Council endorse the public notification, finalisation and signing of the Planning Agreement as outlined in this report.

3. The Common Seal of the Council of the City of Penrith be affixed to the Planning Agreement.

20 St Marys Children's Centre, St Marys Occasional Care Centre and Koolyangarra Children's Centre

462 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Steve Simat

That:

1. The information contained in the report on St Marys Children's Centre, St Marys Occasional Care Centre and Koolyangarra Children's Centre be received.

2. Council support the Penrith City Children’s Services Co-operative proposal to consolidate St Marys Children’s Centre and St Marys Occasional Child Care Centre and the new operating model for Koolyangarra Children’s Centre.

3. St Marys Occasional Child Care Centre be managed by Penrith City Children’s Services Co-operative with an ongoing financial contribution from Council for a two year transition period.

4. A decision regarding the future use or demolition of the St Marys Occasional Child Care Centre building be held over until discussions have taken place with other relevant Council Departments involved in the strategic planning of the St Marys CBD.

5. Council relinquish the lease of the Koolyangarra premises and recommend to the Department of Housing the transfer of the lease to SPYNS (formerly South Penrith Youth and Neighbourhood Service).

4 National Housing Conference 2008

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

That:

1. The information contained in the report on National Housing Conference 2008 be received.

2. Councillors Jim Aitken OAM and Karen McKeown, and any other interested Councillors, attend the National Housing Conference, from 20 to 22 February 2008.

5 South Penrith Community Facilities Precinct

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

That:

1. The information contained in the report on South Penrith Community Facilities Precinct be received.

2. Council endorse the approach to the temporary relocation of the South Penrith Youth Services to the Glenmore Park Youth and Community Centre as outlined in this report.

3. Council approve a contribution of $20,000 from the Property Development Reserve towards the relocation of South Penrith Youth Services to the Glenmore Park Youth and Community Centre and the demolition of the cottage on Maxwell Street.

10 Chameleon Drive Reserve - Erskine Park

465 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy AM

That:

1. The information contained in the report on Chameleon Drive Reserve - Erskine Park be received.

2. The option to develop soccer fields in Chameleon Reserve not be advanced.

3. Council and the Nepean District Soccer Fottball Association (NDSFA) pursue other options to find a permanent home for the Western Storm.

4. Assistance from the Penrith Valley Sports Foundation be sought during the next round of ground allocations.

11 Tender No. 07-07/08 - Provision of Graffiti Removal Services

466 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Steve Simat

That:

1. The information contained in the report on Tender No. 07-07/08 - Provision of Graffiti Removal Services be received.

2. N.T. Barnes Pty Ltd trading as Wundaguard be appointed as the primary supplier of graffiti removal and paint out services for a period of one (1) year with an option to extend for a further one (1) year period.

3. PT Nicol trading as Techni-Clean Penrith Blue Mountains and Australian High Pressure Cleaning Pty Ltd be appointed as the secondary (backup) suppliers of graffiti removal and paint out services for a period of one (1) year with an option to extend for a further one (1) year period.

Recomittal of Item 6 - Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients

467 RESOLVED on the MOTION of Councillor John Thain seconded Ross Fowler that consideration of Item 6 - Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients be recommitted for consideration of Council.

468 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Lexie Cettolin that the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients be received.

12 Community Noticeboard Facilities

469 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy AM that the information contained in the report on Community Noticeboard Facilities be received.

15 Development Application DA07/0994 - Proposal for a residential shed at Lot 271 DP832651, 45 Yodalla Avenue, Emu Plains. Applicant: Serge Panayi; Owner: Jai Lewis and Renee Andrews DA07/0994

470 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Development Application DA07/0994 - Proposal for a residential shed at Lot 271 DP832651, 45 Yodalla Avenue, Emu Plains be received.

2. The request for variation of Part 4 Section 4.2 Clause 5.3 of the Penrith Development Control Plan be granted.

3. Development Application DA07/0994 be approved, subject to the following standard conditions:

3.1 A02F – Development to be carried out in accordance with the approved plans

3.2 A008 – Works to BCA requirements

3.3 A009 – Works to Residential Construction Works DCP

3.4 A019 – Occupation Certificate

3.5 A020 – Use of the building

3.6 B001 (existing shed on the subject site) – demolition of existing building

3.7 B002 – Demolition works to Australian Standard

3.8 B003 - Asbestos

3.9 B004 - Dust

3.10 B005 – Mud/Soil

3.11 B006 – Hours of work for demolition

3.12 D001 – Sediment and erosion control measures

3.13 D009 – Waste storage area

3.14 E001 – BCA compliance

3.15 H01F – Stamped plans and site notice

3.16 H041 – Hours of work

3.17 H011 – Engineering plans and specifications

3.18 H030 – Roof finishes

3.19 K016 – Stormwater connection

3.20 K025 – Pavement seal

3.21 L006 – Landscaping to meet Australian Standard

3.22 L012 – Existing landscaping to be maintained

3.23 Q01F – Notice of commencement and appointment of PCA

3.24 Q05F (shed) – Occupation Certificate.

4. Development Application DA07/0994 be approved, subject to the following non standard conditions:

4.1 Landscaping is to be provided between the rear of the property and the rear of the shed in accordance with the stamped approved plans. The trees must be of a semi mature species, and must be capable of growing to a height of 6 metres at maturity. The species used must be listed in Council’s Landscape Development Control Plan

4.2 Lattice work and suitable plantings must be installed on the western boundary in accordance with the stamped approved plans

4.3 The finished floor level of the shed must be at RL 10.20, as amended in red pen on the stamped approved plans.

5. The objectors to Development Application DA07/0994 be notified of Council’s decision.

17 Update of activities undertaken by the Development Services Department - First Quarter 2007/2008

471 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Pat Sheehy AM

That:

1. The information contained in the report on Update of activities undertaken by the Development Services Department - First Quarter 2007/2008 be received.

2. A memo be provided to all Councillors on membership of the Development Review Panel and the type and number of applications it has considered over the last year, and providing details of the policy on matters that are referred back to Council.

18 Western Sydney Area Assistance Scheme (WSAAS)

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

That:

1. The information contained in the report on Western Sydney Area Assistance Scheme (WSAAS) be received.

2. Council make representations to the NSW Minister for Community Services, the Hon Kevin Greene MP, the Minister for Western Sydney, the Hon Barbara Perry MP, and the Treasurer, the Hon Michael Costa MP, with a copy being forwarded to Local Members, regarding the issues canvassed in this report.

19 WSROC Young Women's Leadership Program

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

That:

1. The information contained in the report on WSROC Young Women's Leadership Program be received.

2. Council allocate $5,000 to WSROC’s Young Women’s Leadership Program as outlined in this report.

3. Council write to the Minister for Women, the Hon Verity Firth, thanking her for her support of this Program and reiterating how successful this Program has been.

21 Camp Victory

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

That:

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

2. The Community Safety initiatives budget pledge $3,000 to assist with the implementation of the Camp Victory program, subject to the Police raising the balance of funds required.

3. An amount of $2,200 from each Ward’s voted works, totalling $6,600, be provided to assist with the balance of funds required.

4. After the program is completed, a further report be presented to Council detailing the areas of residence of the participants.

The City In Its Environment

22 Adoption of Plan of Management for River Road Riparian Corridor

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

That:

1. The information contained in the report on Adoption of Plan of Management for River Road Riparian Corridor be received.

2. Council adopt the Plan of Management for River Road Riparian Corridor within the provisions of the Local Government Act.

3. Public notice be given of Council’s decision to adopt the Plan of Management for River Road Riparian Corridor.

4. The following works be included in 2008/09 Parks Improvement Program:

· Remove remainder of Gleditsia trees from River Road foreshore;

· Implement weed removal program in selected areas along the foreshore; and

· Install interpretive signage along foreshore to raise community awareness.

5. Council actively pursue any opportunities for grant funding for works listed in the Plan of Management for River Road Riparian Corridor.

The City as an Economy

23 Revitalisation of Dunheved Business Park - Dunheved Circuit & Christie Street Road Link within the Precinct

476 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Revitalisation of Dunheved Business Park - Dunheved Circuit & Christie Street Road Link within the Precinct be received.

2. Council agree that the initial route option of the extension of the links road through to Christie Street at Lee Holm Road be retained.

3. Council be informed as to the progress with its land and arrangements with Delfin Lend Lease land.

24 2007 Kunshan Trade and Investment Promotion Fair

477 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kaylene Allison that the information contained in the report on 2007 Kunshan Trade and Investment Promotion Fair be received.

The City Supported by Infrastructure

25 Cumberland District Rural Fire Service - Service Level Agreement

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

That:

1. The information contained in the report on Cumberland District Rural Fire Service - Service Level Agreement be received.

2. The Mayor and General Manager be authorised to sign the Service Agreement under the Common Seal of Council.

Leadership and Organisation

26 Pecuniary Interest Returns

479 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that the information contained in the report on Pecuniary Interest Returns be received.

27 Council Meeting Calendar for 2008

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

That:

1. The information contained in the report on Council Meeting Calendar for 2008 be received.

2. The Draft Meeting Calendar for 2008 be adopted.

3. The Meeting Calendar be reviewed at the first Ordinary Meeting of the new Council following the Local Government Election to be held on 27 September 2008.

28 Council Property - Licence Agreement over Part of Palena Lane, St Clair to Adjoining Owner

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

That:

1. The information contained in the report on Council Property - Licence Agreement over Part of Palena Lane, St Clair to Adjoining Owner be received.

2. Council approve the Licence Agreement under Part 10, Division 2, Sections 153-157 of The Roads Act 1993 over part of Palena Lane, St Clair to adjoining owners Mr & Mrs Thompson of 47 Rotorua Road, St Clair in accordance with conditions 1-8 outlined in the report.

30 Summary of Investments & Banking for the period 1 October to 31 October 2007

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

That:

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

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

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

29 Council Property - 62 Great Western Highway, Kingswood

483 RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Ross Fowler

That:

1. The information contained in the report on Council Property - 62 Great Western Highway, Kingswood be received.

2. The local community be consulted on the proposed development on the Council land, together with the findings of the Flood Study.

3. The proposed drainage improvements in Chapman Gardens be included the 2007/08 or 2008/09 drainage program.

4. A further report be submitted to Council, after the community consultation, regarding the process for sale of the property.

5. An amount of $250,000 of the sale proceeds be used to alleviate nuisance flooding in the Cosgrove Crescent area.

QUESTIONS WITHOUT NOTICE

QWN 1 Signage - Various

Councillor Pat Sheehy AM asked that the following signage be urgently corrected:

Sign, at the North Penrith Community Centre, that reads ‘Kingswood Park Community Centre’ be removed and replaced with ‘North Penrith Community Centre’;
Fingerboard sign in Queen Street, St Marys, that reads ‘St Marys Bowling Club’ be removed.

QWN 2 Funding required for Penrith Panthers Fishing Club

Councillor Pat Sheehy AM requested that an amount of $200 from each Ward’s voted works, totalling $600, be allocated to the Panthers Fishing Club for its Fishfest 2008 event.

484 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

The Deputy Mayor, Councillor Jackie Greenow, ruled that the matter was urgent and should be dealt with at the meeting.

485 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Mark Davies that an amount of $200 from each Ward’s voted works, totalling $600, be allocated to the Panthers Fishing Club for its Fishfest 2008 event.

QWN 3 Funding Options for Performing Arts School

Councillor David Bradbury requested a memo reply detailing funding opportunities for the ‘You Can Dance’ Performing Arts School to enable students to perform at Dream World, and various other venues on the Gold Coast, in April 2008.

QWN 4 Emu Plains Cemetery - Dedication of Public/Pauper Memorial

Councillor David Bradbury communicated his thanks to staff involved in organising the dedication of this memorial which took place on Saturday 1 December 2007.

QWN 5 Driver Training

Councillor Jim Aitken OAM requested a report to Council on the possibility of providing more intensive driver training before issuing a driver’s license.

QWN 6 Footpath in Jeanette Street, Glenmore Park

Councillor Jim Aitken OAM requested a memo reply detailing costs of providing a footpath in Jeanette Street, Glenmore Park on the western side from Mulgoa Road to the Schoolhouse Road footpath.

QWN 7 Footpath - Spencer Street, Regentville

Councillor Jim Aitken OAM requested a memo reply detailing costs of providing a footpath in Spencer Street, Regentville on the western side, from Mulgoa Road to the creek overpath that is to be constructed shortly in Gipps Street, Regentville.

QWN 8 Kohlenberg Close, Emu Plains

Councillor Jim Aitken OAM requested a report to Council concerning the unfinished section of Kohlenberg Close, Emu Plains.

QWN 9 Prevention of Graffiti – Educational Opportunities

Councillor Jim Aitken OAM requested a report to Council detailing the following:

Council writing to the Local Police Commands and the Local Member, requesting them to take a more diligent approach to the matter of preventing the proliferation of graffiti in the area; and
Council writing to the Department of Education, requesting it to explore opportunities for educating school aged children about the cost to the community involved in removal of graffiti.

QWN 10 Committee of the Whole – Clarification of Legal Matters and Procedures of Committee of the Whole

Councillor Garry Rumble requested a verbal report to be provided in Committee of the Whole concerning clarification of legal matters and procedures around the distribution of Committee of the Whole reports.

QWN 11 Mobile Phone Recycling

Councillor Garry Rumble requested a report to Council concerning the possibility of Penrith City Council being involved in the Mobile Muster mobile phone recycling scheme.

QWN 12 Bridge at Loftus Street, Regentville

Councillor Garry Rumble requested a report to Council on the progress of the tender to build the bridge at Loftus Street, Regentville.

QWN 13 Preservation of Olive Trees from Soling Crescent, Cranebrook

Councillor Garry Rumble requested a report to Council, referring to his previous request of 15 August 2007, concerning the status and ongoing management of the cuttings of the olive trees and the future possible relocation and acknowledgement of their history.

QWN 14 Crossing on Stony Creek Road, Shanes Park

Councillor Kevin Crameri OAM requested a report to Council on options for correcting the dangerous road alignment and grade in the vicinity of the crossing on Stony Creek Road, between Shanes Park and Llandilo.

QWN 15 Berkshire Park Rural Fire Brigade

Councillor Lexie Cettolin requested that an amount of $6,620 from North Ward voted works be allocated to the Berkshire Park Rural Fire Brigade to purchase and install fencing.

486 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Pat Sheehy AM that the matter be brought forward and dealt with as a matter of urgency.

The Deputy Mayor, Councillor Jackie Greenow, ruled that the matter was urgent and should be dealt with at the meeting.

487 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Pat Sheehy AM that an amount of $6,620 from North Ward voted works be allocated to the Berkshire Park Rural Fire Brigade to purchase and install fencing.

QWN 16 Development Applications for Swimming Pools

Councillor Jackie Greenow requested a report to Council considering the feasibility of requiring applicants who wish to construct a swimming pool to first produce a certificate for CPR.

QWN 17 Committee of the Whole – Legal Matter

Councillor Kevin Crameri OAM requested a personal matter to be considered in Committee of the Whole.

Committee of the Whole

488 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Lexie Cettolin that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:27 pm.

1 Presence of the Public

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

Leadership and Organisation

2 Property Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith

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

Leadership and Organisation

3 Senior Staff Matters

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 Question Without Notice 17 – Legal Matter

This matter has been referred to Committee of the Whole as it 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.

5 Question Without Notice 10 - Clarification of Legal Matters and Procedures of Committee of the Whole

The meeting resumed at 10:47 pm and the General Manager reported that the Committee of the Whole met at 10:27 pm on 3 December 2007, the following being present

The Deputy Mayor, Councillor Jackie Greenow, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark Davies, Ross Fowler, Karen McKeown, Garry Rumble, Councillor Pat Sheehy AM, Steve Simat, and John Thain

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

CONFIDENTIAL BUSINESS

2 Property Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith

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

CW2 That:

1. The information contained in the report on Property Matter - Council Property - Sewerage Pumping Station within Woodriff Gardens, High Street, Penrith be noted.

2. Council endorse the action taken in lodging the objection with the Land and Environment Court.

3. Council be informed as to the outcome of procedures in accordance with the comments outlined in the report.

4 Question Without Notice 17 – Legal Matter

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Lexie Cettolin:

CW 4 That the information provided on the legal matter be received.

5 Question Without Notice 10 - Clarification of Legal Matters and Procedures of Committee of the Whole

RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Karen McKeown

CW 5 That the information provided on the clarification of legal matters and procedures of Committee of the Whole be received.

3 Senior Staff Matters

RECOMMENDED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Karen McKeown

CW3 That:

1. The information contained in the report on Senior Staff Matters be received.

2. The recommendations of the Senior Staff Recruitment / Review Committee be endorsed.

3. Councillor Karen McKeown be included on the selection panel.

ADOPTION OF Committee of the Whole

489 RESOLVED on the MOTION of Councillor Pat Sheehy AM, seconded Councillor Garry Rumble that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 10:48 pm.

*Ordinary Meeting*	*17 December 2007*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 3 December, 2007

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Sheehy – Representative for the Member for Londonderry, James Suprain – Roads and Traffic Authority, Senior Constable Mark Elliott – St Marys/Regentville Police, Constable Chris Jayne – Penrith Police, Tim Horan – Representative for the Member for Penrith.

IN ATTENDANCE

Stephen Barnes – Senior Traffic Engineer, David Drozd – Senior Traffic Engineer, Michael Pruss – Westbus, Dean Dehghan-Khalaji – Trainee Engineer.

APOLOGIES

Apologies were accepted from Deputy Mayor Councillor Greenow, Acting Sergeant Chad Brunner – Penrith Police, Sharon Maddox – Road Safety Co-ordinator, Noel Fuller – Co-ordinator Ranger Services.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 November 2007

The minutes of the Local Traffic Committee Meeting of 5 November 2007 were confirmed, with the following amendments:

GB1: Great Western Highway, St Marys – Request for Provision of ‘No U-turn – Emergency Service Vehicles Excepted’ Signage

The proposed signage should be located on the centre median island.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 Local Traffic Committee - Meeting Dates for 2008

RECOMMENDED

That:

1. The information contained in the report on Local Traffic Committee - Meeting Dates for 2008 be received.

2. The above dates be confirmed for 2008.

2 Jack Williams Drive & Borec Road, Penrith - Request for Provision of Parking Restrictions

RECOMMENDED

That:

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

2. Due to the constraints of the Australia Post box at the entry on Borec Road and the position of the electricity substation at the exit on Jack Williams Drive preventing alterations to the driveway, approximately 5m of full-time ‘No Stopping’ restrictions be provided on either side of the entry and exit driveways to the Care Logistics property on the corner of Jack Williams Drive and Borec Road, Penrith.

3. The Managing Director of Care Logistics be advised of the Committee’s recommendation.

3 Village Crescent, Penrith - Request for Provision of Parking Restrictions

RECOMMENDED

That:

1. The information contained in the report on Village Crescent, Penrith - Request for Provision of Parking Restrictions be received.

2. Due to Village Crescent being a dead-end road with no turning facility available, approximately 12m of full-time ‘No Parking’ restrictions be provided on the southern side of Village Crescent, Penrith across the loading dock access driveway immediately west of the gated entry to the retirement village.

4 Emerald Street, Emu Plains - Request for Provision of 'Kiss & Ride' Zone & 'Bus Zone'

RECOMMENDED

That:

1. The information contained in the report on Emerald Street, Emu Plains - Request for Provision of ‘Kiss & Ride’ Zone & ‘Bus Zone’ be received.

2. Approximately 30m of ‘No Parking 8:00am-9:30am & 2:30pm-4:00pm School Days’ signposting be provided on the western side of Emerald Street, Emu Plains immediately north of the existing school crossing.

3. Approximately 20m of full-time ‘Bus Zone’ signposting be provided at the existing bus stop on the eastern side of Emerald Street, opposite Emu Plains Public School.

4. Karyn Paluzzano MP, Emu Plains Public School, Blue Mountains Bus Company, and the resident be advised.

5 Myrtle Street, Claremont Meadows - Request for Relocation of Existing 'Bus Zone'

RECOMMENDED

That:

1. The information contained in the report on Myrtle Street, Claremont Meadows - Request for Relocation of Existing ‘Bus Zone’ be received.

2. The existing 20m long bus zone on the eastern side of Myrtle Street, Claremont Meadows, immediately north of Sunflower Drive, be relocated to 15m north of Massa Place.

3. The 20m long area previously signposted as bus zone to be replaced with full time No Stopping restrictions.

4. The owner of 1 Massa Place and 36 Myrtle Street , Claremont Meadows be consulted and any substantial objections be referred back to the Committee prior to installation of the proposed signposting.

5. A footpath be provided on the eastern side of Myrtle Street, Claremont Meadows, from Massa Place to the proposed ‘Bus Zone’ location.

6 Penrith City Festival - Saturday, 15 March 2008

RECOMMENDED

That:

1. The information contained in the report on Penrith City Festival - Saturday, 15 March 2008 be received.

2. The TMP submitted by the Penrith City Centre Association detailing the proposed temporary road closures for the Penrith City Festival and street parade to be held on Saturday, 15 March 2008 be endorsed.

3. The Festival organiser advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event with the locations of the VMS boards submitted to Council for endorsement prior to their installation.

4. The TMP be amended to include the location of appropriate signposting to advise road users of all alternative access points.

7 Barker Street, St Marys - Proposed Installation of Rumble Strips

RECOMMENDED

That:

1. The information contained in the report on Barker Street, St Marys - Proposed Installation of Rumble Strips be received.

2. Approximately 30m length of central median be provided around the bend at the intersection of Hall Street and Barker Street, St Marys.

3. The St Marys/Regentville Police representative be advised accordingly.

8 School Signage Audit - Penrith Local Government Area

RECOMMENDED

That:

1. The information contained in the report on School Signage Audit - Penrith Local Government Area be received.

2. The locations as shown in the report with part-time ‘No Stopping’ or ‘No Parking’ be changed to show the times ‘8.00am-9.30am & 2.30pm-4.00pm School Days’.

3. All affected schools be advised of the proposed changes to signage.

9 Buyu Road, Glenmore Park - Request for Double Barrier Line & Reflective Raised Pavement Markers

RECOMMENDED

That:

1. The information contained in the report on Buyu Road, Glenmore Park - Request for Double Barrier Line & Reflective Raised Pavement Markers be received.

2. The installation of BB Lines with RRPMs or median island at the intersections of Buyu Road/Muru Drive or Buyu Road/Wari Avenue not be implemented.

3. The resident be advised of the Committee’s recommendation.

10 Charles Hackett Drive, St Marys - Proposed Extension to ‘No Stopping’ Restrictions

RECOMMENDED

That:

1. The information contained in the report on Charles Hackett Drive, St Marys - Proposed Extension to ‘No Stopping’ Restrictions be received.

2. The existing ‘No Stopping’ restrictions on the southern side of Charles Hackett Drive, immediately east of Kalang Avenue, St Marys, be extended 45m eastward to improve sight distance for pedestrians.

11 Australia Day Event - Saturday, 26 January 2008

RECOMMENDED

That:

1. The information contained in the report on Australia Day Event - Saturday, 26 January 2008 be received.

2. The Traffic Management Plan (TMP) for the proposed Australia Day Event on Saturday, 26 January 2008 at the Sydney International Regatta Centre (SIRC) be endorsed by the Committee.

3. The Traffic Management Plan be referred to the Roads and Traffic Authority for final approval.

12 Carsons Lane, St Marys - Proposed 'No Parking' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Carsons Lane, St Marys - Proposed 'No Parking' Restrictions be received.

2. ‘No Parking’ restrictions be installed along the rear of properties 371 and 373 Great Western Highway, St Marys for a total distance of 34m.

GENERAL BUSINESS

GB 1 Explorers Way, St Clair – Speeding Vehicles (Raised Councillor Bradbury)

Council has received concerns from Councillor David Bradbury regarding speeding vehicles along the eastern end of Explorers Way, between Erskine Park Road and the existing traffic calming device near Augusta Place.

Explorers Way is a signposted 50km/h Collector Road approximately three kilometres long, which intersects with Erskine Park Road at the eastern end and Bennett Road at the western end. There are currently seven traffic calming devices along the length of Explorers Way, including roundabouts at the intersection of Explorers Way/Bennett Road and the intersection of Explorers Way/Chatsworth Road. The section of Explorers Way between Erskine Park Road and Augusta Place is approximately 330m long with no speed reduction devices, however there are median islands at the intersection of Explorers Way and Colorado Drive.

A speed classification survey was undertaken between Columbus Avenue and Warrenton Street, near house number 136, which determined the 85^th percentile speed to be 62km/h in the subject zone. Council’s Design Section were requested to investigate the provision of a slow point device half way between Erskine Park Road and Augusta Place near Warrenton Street, to reduce traffic speeds in this location.

The following devices are being considered in this location.

1. Tadpole Island /Chicane: (approx $35,000)

a. Vehicle turning paths into and out of residential driveways are at absolute minimum and may increase the risk of rear-end accidents for vehicles entering and reversing out of driveways, due to the tightness of turns.

b. The location of the proposed device is on the exit to a bend for vehicles heading west along Explorers Way. NSW Police have previously raised concerns regarding the provision of traffic calming devices that require vehicles to break around bends and corners.

c. The exit from the proposed device directs vehicles into the intersection of Warrenton Street as a third point of deflection.

1. Speed Hump/Speed Cushion (approx $15,000)

a. The location of the proposed device is on the exit to a bend for vehicles heading west along Explorers Way. NSW Police have previously raised concerns regarding the provision of traffic calming devices that require vehicles to break around bends and corners.

b. The implementation of these devices commonly results in complaints from adjacent residents due to noise. Given that Explorers Way is a Collector Road that attracts some heavy vehicles, it would be considered undesirable to provide a speed hump due to residential amenity.

2. Roundabout at the Intersection (approx $200,000)

The provision of a roundabout at the intersection of Warrenton Place and Explorers Way would act as a traffic calming device and reduce vehicle speeds. The provision of roundabouts are generally funded through grants and are required to meet a specific benefit cost ratio. Given there have been two tow-away accidents at the intersection in five years, it is unlikely that funding would be received for such a facility.

3. Road Narrowing/Median Islands (approx $15,000)

Road narrowing could be provided in the form of blister islands to deter drivers from taking the bend at speed. The provision of this device would not be as effective in reducing vehicle speeds as a speed hump or chicane, however would visually narrow the road carriageway. This type of device would be classified as a “Soft Device”, having a moderate effect. Similar devices have been installed in St Clair Avenue and constantly require maintenance of median signage as it is regularly hit by vehicles.

4. Reinstatement & Provision of Linemarking & Additional Signage (approx $3000)

The provision of additional E1 edge lines on Explorers Way, between Columbus Avenue and Colorado Drive, would visually narrow the vehicle travel lanes and deter vehicles from using the full lane width between the kerb and existing centreline marking. If no traffic calming devices were installed, additional 50 pavement marking and 50km/h speed signage could be provided on Explorers Way near Warrenton Place for vehicles travelling in both directions. The provision of additional signs and markings would not be as effective in reducing vehicle speeds as a speed hump or chicane, however would visually narrow the road carriageway. This type of treatment would also be classified as a “Soft Device”, having a moderate effect.

It is considered that each device would have an impact upon reducing vehicle speeds in this section of Explorers Way, however they all have disadvantages with either funding, safety, amenity, or effectiveness.

Other locations east of Warrenton Place were investigated, however the same limitations were encountered. Alternative locations west of Warrenton Place were investigated and it was determined that a proposed device would be too close to the existing device at Augusta Place and would not achieve the required outcomes for the length to Erskine Park Road.

RECOMMENDED

That:

1. The provision of Option 1 Tadpole Island/Chicane, Option 2 Speed Hump/Speed Cushion, and Option 3 Roundabout on Explorers Way between Erskine Park Road and Augusta Place not be supported

2. Council’s Design Section be requested to investigate the provision of

A. Road narrowing/median islands on Explorers Way near Warrenton Street;

B. Reinstatement of all existing signage and linemarking on Explorers Way between Augusta Place and Erskine Park Road including the intersection of Explorers Way with Augusta Place, Columbus Avenue, Warrenton Street and Colorado Drive,

C. Provision of additional 50 pavement marking and 50km/h speed signage on Explorers Way near Warrenton Place for vehicles travelling in both directions,

D. Provision of E1 edge lines on Explorers Way between Columbus Avenue and Colorado Drive,

and the design plan be referred back to the Committee.

3. Funding for the facilities be provided from 2007/2008 major traffic facilities budget.

4. NSW Police be requested to monitor the area and carry out speed enforcement.

5. Councillor David Bradbury be advised of the Committee’s decision.

GB 2 Blaikie Road, Penrith – Provision of Centre Linemarkings (Raised Council)

Council has received concerns from a resident of Nepean Shores regarding the poor delineation of the centre line at the sweeping bend on Blaikie Road, Penrith. The resident is concerned that there is no centre linemarkings, and vehicles travelling around the bend drive in the centre of the road and have to swerve to miss vehicles travelling in the opposite direction.

Blaikie Road is a rural style road with no kerb and gutter from its intersection with Jamison Road at the northern end to near Pattys Place, where the configuration changes to a commercial/industrial road through to Mulgoa Road.

Approximately 300m west of Pattys Place, Blaikie Road has a sweeping bend that narrows at an existing pipe crossing to a 5.7m wide carriageway. The remainder of the road is approximately 6.2m wide. There is a curve warning sign at each end of the bend advising drivers of the bend, however there are currently no centre linemarkings. A site inspection revealed that some drivers do in fact travel closer to the road centre line due to the road width and configuration, however they move left when other vehicles approach.

An accident analysis was undertaken at the bend, which determined there were no accidents at this location in the five-year period from 2002–2006 inclusive.

The provision of BB markings around the centre line of the bend would encourage drivers to keep left and would improve vehicle safety.

RECOMMENDED

That:

1. Approximately 300m of BB centre linemarkings be provided in Blaikie Road, Penrith around the bend, commencing approximately 300m from the intersection with Pattys Place.

2. The resident be advised of the Committee’s decision.

GB 3 Great Western Highway/Pages Road, St Marys – Right-turn Filter at Traffic Signals (Raised St Marys/Regentville Police)

The St Marys/Regentville Police representative advised that since the double fatality accident at the intersection of Great Western Highway/Pages Road, St Marys in July 2007, there have been a further three accidents at this intersection. The Police requested that the Roads and Traffic Authority remove the filter between the hours of 6:00am and 10:00pm, seven days per week.

LTC Comment

The RTA representative advised that this filter movement at this intersection is already being investigated by the Authority.

RECOMMENDED

That Council request the Roads and Traffic Authority to provide information regarding the removal of the right-turn filter and the current status of the RTA’s investigations at the intersection of Great Western Highway/Pages Road, St Marys and subsequently relay this information to the St Marys/Regentville Police representative.

There being no further business the Chairperson declared the meeting closed the time being 10:50am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 December, 2007 be adopted.

*Ordinary Meeting*	*17 December 2007*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Disability Access Committee MEETING

HELD ON 5 December, 2007

PRESENT

Councillor Jackie Greenow (Chair), Jill Huber, Allison Herbert, David Currie, John Farragher.

IN ATTENDANCE

Graham Howe, Building Projects Co-ordinator; Athena Kandris, Aged and Disability Services Officer; Ben Felten, Disability Access Officer; Vanessa Muscat, Environmental Health and Building Surveyor; Hans Meijer, Asset Systems Engineer; Steve Barratt, Building Approvals Co-ordinator; Erich Weller, Community and Cultural Development Manager; Warwick Stimson, Development Assessment-South Co-ordinator; Joe Ibbitson, Community Program
Co-ordinator.

APOLOGIES

Apologies were accepted from Councillor John Thain, Councillor Lexie Cettolin, Tricia Hitchen.

CONFIRMATION OF MINUTES - Disability Access Committee Meeting - 3 October 2007

The minutes of the Disability Access Committee Meeting of 3 October 2007 were confirmed.

BUSINESS ARISING FROM MINUTES OF 3 OCTOBER 2007

Lift at Emu Plains Railway Station

Jill Huber expressed concern that the new lift at the Emu Plains Railway station should have good audio so that people know which level the lift is on. Jill has had experiences with other lifts with no audio and finds it difficult to know where the lift is.

Ben Felten will follow up on this matter.

DECLARATIONS OF INTEREST

No declarations of interest.

MASTER PROGRAM REPORTS

The City as a Social Place

1 Development Application Referrals to the Disability Access Committee

DA07/1418 Redevelopment of the “At Home” Bulky Goods Centre, Pattys Place, Jamisontown

Warwick Stimson presented the report on the Pattys Place development application. The proposal will take the size of the development from around 14,000sqm to 40,000sqm complementing the Harvey Norman and Domain part of the site. At the moment the application is in the early stages. The application has been referred to the committee because it is such a public place for the community. The application was accompanied by an access report. Warwick Stimson advised that there are two recommendations that the report had made. These will be included in any negotiations or determination of the application.

The Committee discussed the traffic situation – the crossing at Gibb Street and roundabout area. Warwick advised that it is proposed to relocate the roundabout to accommodate articulated vehicles more easily.

Warwick Stimson said one of the main aims of the development is to bring the two developments closer together and build that connection. One of the main aims of the new owners is to make that connectivity and usability between the developments. The owner has recently finished the development of the Castle Hill Homemakers Centre.

Issues raised by the Committee included:

· lack of seating and shade

· difficulty and dangers of walking through the area

· ramps, travelators and lifts

· public transport

Warwick Stimson undertook to raise the issue of seating with the developers. Warwick also undertook to clarify the provision of lifts.

Warwick Stimson advised the applicant has indicated that they want to create Pattys Place as a second entrance and are considering putting in a bus bay to service the site. Council will be seeking some kind of confirmation of how that will occur. It is proposed to have bus travel through the site A taxi drop-off point will also be required.

DA07/1368 Proposal for demolition of an existing McDonalds restaurant and construction of a new McDonalds restaurant on the corner of High Street and Kendall Street, Penrith

Warwick Stimson advised that McDonalds has identified this restaurant as needing a major upgrade and it is planned to totally rebuild. This will be completed in nine stages. McDonalds is planning a modern looking restaurant consistent with their rollout across the country. An access assessment has been completed and recommendations made. The application is relatively new and Warwick is more than happy to go back to McDonalds with comments from the Committee.

David Currie brought up the issue of fixed seating in most McDonalds stores and the difficulty placing the wheelchair near a table when there is no vacant seat area.

The Committee thought it appropriate that some areas of seating have free standing seats. Warwick agreed to discuss this with the developers.

Ben Felten requested that toys and equipment which was accessible for children with disabilities be considered for the development.

John Farragher requested a special urinal be installed in the disabled toilet. An example of this type of urinal is installed at Panthers.

It was also requested that different coloured tiles be used in the toilets so that someone with sight impairment could see the contrast between the pan and the wall.

Warwick Stimson undertook to report back to the Committee after discussions with the developers.

Warwick Stimson also agreed to discuss with McDonalds any process they may have for patrons who cannot order from the current wall display menu. This would include people with a hearing, sight or speech impairment. It was thought that a sign advising of this service should be displayed.

RECOMMENDED that the information contained in the report on Development Application referrals to the Disability Access Committee be received.

2 Memory Park

Vanessa Muscat advised of the proposed Memory Park redevelopment including a new memorial. Photographs were handed out to the committee.

Memory Park is on the corner of High and Woodriff Streets and part of Union Lane. The RSL approached Council about refurbishing this area. The park is used for ANZAC and Remembrance Days. The RSL wishes to have a new memorial to maximise public participation during ceremonies.

Vanessa advised that there is a plan of management in place but before plans are drafted comments from the Committee are sought so they can be incorporated into the brief.

It is proposed that the memorial and landscaping will be completed by November 2008 for Remembrance Day.

Vanessa Muscat advised that after the city development plan is implemented and buildings of eight stories are built there will be significant shadow cast on the park. It is proposed that the area will be repaved and landscaped.

The memorial area will be relocated. Councillor Greenow asked the Committee if there is anything in particular or special that you would like to see incorporated into the design of the memorial section.

Allison Herbert asked about having the memorial more at the level of a wheelchair so that there wasn’t overdue reaching to place flowers and so it was possible for people to be able to touch the memorial.

Vanessa Muscat advised that the proposal for Memory Park will come back to the Committee at the DA stage.

RECOMMENDED that the information contained in the report on Memory Park be received.

GENERAL BUSINESS

GB 1 International Day of People with a Disability

Athena advised that the celebration for the International Day of People with a Disability was held on 4 December and the event went very well. There were approximately 200 people with the highest proportion being young people with disabilities. Sixty of the young people participated in the artwork. There was enthusiastic participation as well as positive feedback from the event. It was agreed the puppet theatre was fantastic and that Simon stole the show.

Athena Kandris praised Tim Robertson from Thorndale who put a lot of work into mounting the artwork. The artwork will be hung in Council, possibly the library.

GB 2 Laying of Tactiles at Penrith Railway Station

Hans Meijer advised that tactiles will be laid in the January school holidays at the Penrith Railway Station – at the forecourt of the taxi stand and the crossing at the southwest corner of Jane Street and Station Street.

GB 3 City Centre Plan

Joe Ibbitson informed the committee of a memo advising that the City Centre Plan was adopted by Council. The report which was presented to 8 October 2007 Ordinary Meeting can be found on Council’s website under business papers if people wish to read it.

GB 4 Stage 2 of Penrith Stadium

Joe Ibbitson advised that Stage 2 of Penrith Stadium is about to commence. In the next few months some works will be undertaken that were approved in Stage 1 but not completed. Stage 2 is still in the early stages. Tony Jarratt will discuss with the architects about coming to the next meeting of the Committee to speak about Stage 2 of the development.

GB 5 Resignation of Athena Kandris

Joe Ibbitson advised that Athena Kandris has resigned from Council and will be leaving on 14 December 2007. This is the last meeting of the Disability Access Committee which Athena will be attending. Athena is going to Sydney West Area Health Service on a part-time basis. On behalf of the Committee Councillor Greenow wished Athena well for the future.

Erich Weller advised that the Aged and Disability Services Officer position would be advertised as soon as possible and that Joe Ibbitson was in discussions with Workforce Development regarding this.

GB 6 Bloc Nightclub

Steve Barratt advised that he will be having a meeting with the management of the Bloc Nightclub on 6 December. They have had discussions with a group who have requested the restaurant open on the Station Street side of the night club. This may not include opening up the carpark area. They wish to open for a trial basis. Steve wished to advise the Committee as a decision will need to be made before next Access Committee meeting is held.

Steve Barratt agreed to report back to the Committee.

GB 7 Visit to Nordoff-Robins

Councillor Greenow visited Nordoff-Robins and informed the Committee how impressed she was by the speaker and work undertaken by this organisation.

Councillor Greenow wished everyone a very merry Christmas and said she looked forward to seeing Committee members again next year at 6 February 2008 meeting.

There being no further business the Chairperson declared the meeting closed the time being 6.15pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Disability Access Committee meeting held on 5 December, 2007 be adopted.

*Ordinary Meeting*	*17 December 2007*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Penrith Valley Community Safety Partnership MEETING

HELD ON 5 December, 2007

PRESENT

Councillor Kaylene Allison, Councillor Garry Rumble.

Chris Cottrell, RailCorp; David Franke, RailCorp; Grant Healey, Penrith Local Area Command; Ben Feszczuk, Penrith Local Area Command; Anthony Holton, St Marys Local Area Command; Superintendent Ray Filewood, St Marys Local Area Command; Gladys Reed, Penrith City Centre Association; Jeni Pollard, Penrith City Council; Julie Passau, Penrith Local Area Command; Debbie Moore, St Marys Local Area Command; Robert Reynolds, Penrith Youth Interagency; Lisa Jenner, Penrith City Council; David Burns, Penrith City Council; Yvonne Perkins, Penrith City Council; Erin Davidson, Penrith City Council; Anna Yallop, PCYC; Jennie Hughes, Neighbourhood Development Team- Erskine Park Inc.

APOLOGIES

Apologies were received and accepted for His Worship The Mayor, Councillor Greg Davies, Councillor Jackie Greenow; Tracy Leahy, Penrith City Council; Andrena Faletolu, RailCorp; Katerina Tahija, Penrith City Council.

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 4 October 2007

The minutes of the Penrith Valley Community Safety Partnership meeting of 4 October 2007 were confirmed.

MASTER PROGRAM REPORTS

The City as a Social Place

1 Penrith Valley Community Safety Plan - Key Strategy Development 2007 - 2010

Status of the Penrith Valley Community Safety Plan 2007 – 2010

Yvonne Perkins advised that there has been no word from the Attorney General’s Department regarding the endorsement of the Penrith Valley Community Safety Plan.

International White Ribbon Day

Yvonne Perkins advised that Council celebrated International White Ribbon day on Friday 23 November 2007. A display was set up in the Civic Centre foyer promoting the day with posters, pamphlets, balloons and free white ribbons.

Many Council staff members wore white ribbons to raise awareness of the issue of domestic violence. Selected Council trucks were also displayed with large white cardboard ribbons.

Judges Place Car Park

Yvonne Perkins advised that Judges Place Car Park is having CCTV installed on all levels of the car park in an effort to deter graffiti, anti social activities and risk to vehicles. The car park continues to present challenges even though there are random police patrols, Council Rangers and cleaners frequently moving in and out of the car park at various times of the day. It is expected that the system will be operational prior to the end of the year.

Penrith Valley Community Safety Partnership Small Working Groups

David Burns advised that there was a small working group held on 22 November 2007 to progress a strategy development for two projects. This meeting was attended by Council staff, representatives from Penrith and St Marys Police, Penrith Youth Interagency and RailCorp.

Development of a draft Alcohol Free Public Spaces Policy under Section 632 of the Local Government Act – Acting Contrary to Notices

David Burns advised that initially only parks, reserves and public open spaces, where concerns had been raised and documented, would be included for consideration under such a policy.

Further discussions would need to take place with sporting groups and other legitimate users who hold temporary liquor licenses to determine restrictions and consequences regarding proposed signage.

The open space between the Joan Sutherland Performing Arts Centre and Westfield Plaza was also discussed. It was agreed that this space would not be addressed under the small working group agenda, as it was subject to a proposed upgrade as part of the Penrith City Civic/Arts Precinct Landscape Masterplan.

Next steps identified:

· Prepare a background paper, detailing rationale for policy development;

· Send a questionnaire or survey to all sporting groups requesting feedback;

· Engage with identified potential partners;

· Identify potential public spaces for implementation.

Personal Safety at Penrith & St Marys Railway Stations

The railway precincts are a high target area for opportunistic crime due to the high volume of traffic flow throughout these areas.

Potential partners were discussed and it was agreed that Blacktown Council and Springwood Police would also be invited to participate in future small groups meetings to progress this issue.

Discussion was held around the construction of a new multi level commuter car park at St Marys Railway Station. It was advised that there would also be an upgrade to the interchanges on both sides of the station.

Further steps identified:

· Develop a background paper for potential stakeholders;

· Engage stakeholders;

· Examine Police and RailCorp statistics.

Councillor Garry Rumble asked if Council was responsible for the cleaning of the bus interchange on Jane Street, Penrith.

David Burns advised that Council has submitted prices to RailCorp in September, in regard to Council conducting cleaning of this area, and as yet has not received a response.

Nepean Domestic Violence Network Family Fun Day

The Nepean Domestic Violence Network (NDVN) Family Fun Day will be held on Thursday 6 December from 2pm to 7pm on the Penrith City Civic/Arts Precinct green space. This event is to promote awareness of Domestic Violence issues in the wider community.

Activities that will be supporting this event include the NSW Police Band, jumping castle, animal farm, face painting, temporary tattoos and a range of other information stalls.

Graffiti Minimisation Strategy

Following a recent tender process, Wundaguard was approved as Council’s supplier for graffiti removal for the next twelve months.

There has been a peak in graffiti throughout previous weeks and rain has impacted on the removal process.

Councillor Garry Rumble asked if there would be a lag in removal due to the new contract taking place.

Yvonne Perkins advised that the change-over period would only set back removal by two days.

Gladys Reed asked if the contractor, or Council graffiti removal crews, would be conducting surveillance checks of the Penrith CBD.

David Burns advised that the contractors would only be removing graffiti that is reported on the graffiti hotline and that no surveillance of areas will be conducted by the contractors, although Council staff audit selected areas weekly. He advised that Council does not have the resources to continue this surveillance by contractors, and he reiterated that we need members of the public to keep reporting to the hotline.

Glenmore Park Integral Energy Trial

Yvonne Perkins advised that a number of Council staff members and the selected contractor, Wundaguard, had attended an awareness training session earlier in the morning. This was an informative session highlighting the safety rules surrounding working on Integral Energy assets.

Warner Group graffiti education program

Council is still investigating the graffiti awareness/education program with Warner Group. A costing is being undertaken and this information will be available in the new year.

Streetwork project

The launch of the draft report for the Cranebrook Streetwork Project was held on Friday 9 November 2007 at the Cranebrook Neighbourhood Centre. The event was relocated due to the wet weather.

Councillor David Bradbury, representing Mayor Councillor Greg Davies, and Karyn Paluzzano, representing the NSW Attorney General, Mr John Hatzistergos attended the event and officially launched the draft report.

A number of young people from Barnardos provided entertainment on the night and also assisted with the catering of the event.

Draft recommendations for the project have been put forward by stakeholders and these are to be further discussed as the project evaluation is conducted over the next few months.

St Clair Community Safety Audit

Yvonne Perkins advised that work has begun on replacing dated infrastructure such as bollards, signs and fencing. There are also discussions taking place regarding the physical closure of a small parcel of land between on Diamentina Close, St Clair. It is anticipated that this will be progressed in the new year.

RECOMMENDED that the information contained in the report on the Penrith Valley Community Safety Plan – Key Strategy Development 2007 - 2010 be received.

Regular Items

a) Police Statistics

Penrith Police

Reported Crime Statistics September 2007 – November 2007

Crime Category	Sept	Oct	Nov
Assault	113	83	111
Robbery	8	13	4
Break & Enter	43	60	60
Stealing	185	186	161
Steal Motor Vehicle	35	53	40
Malicious Damage	161	129	121
Drug Detection	16	21	11
Traffic Offences	448	385	443
Motor Vehicle Accident	63	74	88

St Marys Police

Reported Crime Statistics September 2007 – November 2007

Crime Category	Sept	Oct	Nov
Assault	138	121	105
Robbery	11	9	17
Break & Enter	64	62	53
Stealing	122	136	142
Steal Motor Vehicle	30	47	44
Malicious Damage	157	154	144
Drug Detection	12	9	10
Traffic Offences	437	437	459
Motor Vehicle Accident	48	66	66

b) What’s in the Media? July - September 2007

GENERAL BUSINESS

GB 1 Camp Victory – St Marys Police

Yvonne Perkins gave a brief report on the Camp Victory project which was developed by Debbie Moore and Kristy Williams from St Marys Police.

This is a joint project between The Australian Defence Force (Moorebank) and St Marys Local Area Command. The project is aimed at young people at risk and repeat offenders to encourage life skills development such as team work, respect and responsibility.

Council has agreed to fund part of the program to an amount of $9,600.00.

This trial program will run for 14 months. The program is voluntary and requires parental consent to participate. The program is aimed at 14-17 year olds, both genders and predominately from the Penrith Local Government Area.

Ray Filewood thanked Council for its support and contribution on behalf of the NSW Police.

GB 2 Penrith Youth Interagency

Robert Reynolds advised that he had reported back to the Penrith Youth Interagency (PYI) regarding the small working group meeting held recently. He advised that the PYI would like to be involved in youth related Community Safety Initiatives from the Community Safety Plan and that an opportunity may exist for a partnership project during Youth Week 2008.

GB 3 St Marys Police Station

Superintendent Ray Filewood advised that the official opening will be held on 14 February 2008 and invitations are still to be sent.

GB 4 Run a Better Venue

Councillor Garry Rumble presented information on a project that he received at the National Local Government Conference in Darwin. He has asked Council to have a look at this program called “Run a Better Venue”, to determine whether it would have merit to run within the Penrith LGA as a Licensee’s Forum.

There being no further business the Chairperson declared the meeting closed, the time being 7:40pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 5 December, 2007 be adopted.

*Ordinary Meeting*	*17 December 2007*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee MEETING

HELD ON 10 December, 2007

PRESENT

His Worship the Mayor Councillor Greg Davies, Councillors Jim Aitken OAM (arrived 7:40pm), Kaylene Allison, Lexie Cettolin (arrived 7:40pm), Kevin Crameri OAM, Ross Fowler, Jackie Greenow, Garry Rumble, Pat Sheehy AM, Steve Simat (arrived 7:49pm) and John Thain.

APOLOGIES

Apologies were received and accepted from Councillors David Bradbury, Mark Davies, Steve Simat, Lexie Cettolin and Jim Aitken OAM.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown for the period 10 December 2007 to 11 December 2007 inclusive.

Leave of Absence was previously granted to Councillor Susan Page for the period 5 November 2007 to 17 December 2007 inclusive.

Councillor Kevin Crameri OAM left the meeting, the time being 7:38pm.

Councillor Kevin Crameri returned to the meeting the time being 7:40pm.

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

The minutes of the Policy Review Committee Meeting of 19 November 2007 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

The City in its Broader Context

Councillor Jim Aitken OAM arrived, the time being 7:40pm.

Councillor Lexie Cettolin arrived, the time being 7:40pm.

1 Proposed draft Penrith Local Environmental Plan 2008 (Stage 1A) - Land in the vicinity of Great Western Highway and Gipps Street, Claremont Meadows

RECOMMENDED

That:

1. The information contained in the report on Proposed draft Penrith Local Environmental Plan 2008 (Stage 1A) - Land in the vicinity of Great Western Highway and Gipps Street, Claremont Meadows be received

2. Pursuant to section 54 of the Environmental Planning and Assessment Act 1979, and Regulations 2000, Council prepare a draft Local Environmental Plan to rezone the land within the South Creek Corridor, Werrington and Gipps Street, Claremont Meadows.

3. The applicants are requested to provide the information identified in this report, including a draft Development Control Plan, and information that reflects the intent of the 1997 ‘Best Practice Guidelines’ for the preparation of Local Environmental Plans.

4. Councillors be briefed on the progress of the proposals, and comments from the public agencies, in early 2008, to enable consideration of the issues prior to advancing the preparation of the draft Local Environmental Plan.

2 Required Amendments to draft Penrith Local Environmental Plan 2008 (Stage 1)

RECOMMENDED

That:

1. The information contained in the report on Required Amendments to draft Penrith Local Environmental Plan 2008 (Stage 1) be received

2. Council endorse the changes to draft Penrith Local Environmental Plan 2008 (Stage 1) as outlined in this report, and support continuation of the dialogue, regarding any further changes to the draft LEP, between Council officers and the Department of Planning.

The City as a Social Place

Councillor Jim Aitken OAM left the meeting, the time being 7:41pm.

3 Penrith City District Open Space Facilities Development Contributions Plan

RECOMMENDED

That:

1. The information contained in the report on Penrith City District Open Space Facilities Development Contributions Plan be received

2. Council adopt the draft District Open Space Facilities Development Contributions Plan

3. A further report be submitted to Council on the implications of the new Department of Planning circular on infrastructure contributions.

5 Glenmore Park Stage 1 Development Contributions Plan Review

RECOMMENDED

That:

1. The information contained in the report on Glenmore Park Stage 1 Development Contributions Plan Review be received

2. Council publicly exhibit an amended draft Glenmore Park Stage 1 Development Contributions Plan incorporating allocation of available funds to the Eastern Hamlets Child and Family Precinct project as outlined in the report

3. A further report be brought back to Council following the exhibition period.

7 Deferred Lands Local Environmental Plan No.188 - Glenmore Park

RECOMMENDED

That:

1. The information contained in the report on Deferred Lands Local Environmental Plan No.188 - Glenmore Park be received

2. That Council forward a Section 68 submission to the Department of Planning requesting the deferred lands in Glenmore Park Stage 1 release under LEP 188 be zoned 2 (Urban).

Councillor Jim Aitken OAM returned to the meeting, the time being 7:42pm.

4 Implementation of the Smoke Free Outdoor Areas Policy

RECOMMENDED

That

1. The information contained in the report on Implementation of the Smoke Free Outdoor Areas Policy be received

2. Both playgrounds in Tench Reserve be included under the policy and officers in the Environmental Health Department determine where the signs are to be placed in the playgrounds that are covered by the policy.

6 Waterside Estate - Request to vary landscaped open space requirements

RECOMMENDED

That:

1. The information contained in the report on Waterside Estate - Request to vary landscaped open space requirements be received

2. Council progress amendment of the landscaped open space requirements for single storey dwellings in Waterside via Penrith Development Control Plan 2008, as outlined in the report

3. Council advise Stockland that pending incorporation of the amended landscaped open space requirements within Penrith Development Control Plan 2008, Council will support proposals to vary the landscaped open space requirement when considering development applications for single storey dwellings.

8 Affordable Housing

RECOMMENDED

That:

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

2. Council endorse the partnership with the NSW Centre for Affordable Housing to progress affordable rental housing outcomes as outlined in this report

3. Council endorse the additional clause to the Affordable Housing section of the Sustainability Blueprint as outlined in this report

4. Council Officers be congratulated for the clarity of the report.

The City In Its Environment

9 South Creek Corridor Precinct Plan and the Gipps St site Master Plan

RECOMMENDED

That:

1. The information contained in the report on South Creek Corridor Precinct Plan and the Gipps St site Master Plan be received

2. Council adopt the South Creek Corridor Precinct Plan and the Gipps St site Master Plan.

The City Supported by Infrastructure

Councillor Steve Simat arrived, the time being 7:49pm.

10 Penrith Fire District Boundaries

RECOMMENDED

That:

1. The information contained in the report on Penrith Fire District Boundaries be received

2. The Waste & Community Protection Manager writes to both the NSW Fire Brigades and NSW Rural Fire Service advising that Council has no objections to the proposed changes, as identified on Map 086/07/1, to the Penrith Fire District

3. A further report be provided to Council clarifying the Fire District Boundary surrounding the Penrith Whitewater Stadium area

4. A further report be provided to Council on the progress of the Dunheved Fire Station relocation.

Leadership and Organisation

13 Preparations and Financial Settings for the 2008-2009 Management Plan

RECOMMENDED

That:

1. The information contained in the report on Preparations and Financial Settings for the 2008-2009 Management Plan be received

2. Council make initial identification of particular matters to be considered in the preparation of the Draft 2008-2009 Management Plan

3. Preparation of the Draft 2008-2009 Management Plan continue in the terms discussed in this report.

11 Proposed Policy on 'Advertising on Council Premises'

RECOMMENDED

That:

1. The information contained in the report on the proposed policy relating to ‘Advertising on Council Premises’ be received

2. The draft policy be supported in principle and a further report be submitted to a future Policy Review Committee meeting to allow the draft policy to be amended to make it clear that parks and road reserves are excluded from the policy.

12 Strategic Plan Preparations and Community Engagement

RECOMMENDED

That:

1. The information contained in the report on Strategic Plan Preparations and Community Engagement be received

2. Preparation of the Strategic Plan and the proposed arrangements continue in the terms discussed in this report

3. Further reports be provided to Council at each appropriate stage of the Strategic Plan preparations

4. A further report be provided to Council on the development of enhanced community engagement approaches outlined in the report.

There being no further business the Chairperson declared the meeting closed the time being 8:04pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 December, 2007 be adopted.

*Ordinary Meeting*	*17 December 2007*
*The City as a Social Place*

The City as a Social Place

Development Application 07/1281 Concept Plan for a "Seniors' Living" Retirement Village, Lot 1721, DP 864087 (which is subject to a 1 into 2 lot subdivision) (No 56) Second Avenue, Kingswood Applicant: Anglican Retirement Villages; Owner: University of Western Sydney

DA07/1281

Compiled by: Ruth Byrnes, Senior Environmental Planner

Authorised by: Paul Lemm, Development Services Manager

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

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

Previous Items: Development Application 07/1281 Concept Plan for a "Seniors Living" Retirement Village Lot 1721 DP 864087 (which is subject to a 1 into 2 lot subdivision) (No. 56) Second Avenue, Kingswood - Ordinary Meeting - 3 December 2007

Purpose:

To respond to Council's resolution of 3 December 2007 in relation to the concept plan for a retirement village. The subject site is proposed to be formed as a result of a subdivision application for the University of Western Sydney (Kingswood Campus) also presented to Council on 3 December 2007. The proposal has generated substantial public interest and is reported to Council for determination. The report recommends approval subject to conditions.

Introduction

Council is in receipt of a staged development application from ‘The Anglican Retirement Villages’ for a concept proposal of a retirement village, incorporating a high dependency residential aged care facility (nursing home) and serviced self care housing (independent living units). An assessment of the application has been undertaken under Section 79C of the Environmental Planning and Assessment Act 1979 and it is recommended for approval.

Subdivision development application DA07/0121 is also being presented to Council tonight. It seeks to create a new lot (the subject site) proposing it be subdivided from the University of Western Sydney land.

At its meeting of 3 December, 2007, Council resolved that the matter be deferred and a report be presented to the ordinary Meeting of 17 December, 2007 which addresses the following issues:

2. Staff access to the Hi-Care and Independent Living Units to be provided via the UWS internal road network, not Manning Street.

3. The proposed building height being consistent with the relevant development controls.

4. Other matters raised by the speakers addressing tonight’s meeting, in relation to the buffer zone to existing residences, traffic and parking.

The applicant has provided justification and further information in response to the above items and these are discussed in this report.

Site and Surrounds

The subject site is located within the south western corner of the University of Western Sydney (UWS) Kingswood Campus. Kingswood Primary School is located to the north, and residential properties adjoin the western and northern boundary. Land to the south of UWS is currently zoned rural and is also part of the proposed Caddens Road Release Area.

The subject site has an area of 5.815ha, and is currently vacant with a row of medium sized trees along its western and northern boundaries. There are no buildings on the site.

The Proposed Development

The concept proposal is for a retirement village, incorporating a high dependency residential aged care facility (nursing home) and serviced self care housing (independent living units) on the subject site.

No construction is proposed as part of this application. Separate development applications would need to be lodged for construction to commence. If developed beyond the concept stage, it is envisaged that the development would include the following:

· Two to three storey buildings containing 136 bed Residential Aged Care Facility, situated in the north of the site;

· 95 one to two storey Independent Living Units with a mixture of two and three bedroom villa/duplex units, situated in the centre and south of the site;

· The Independent Living Units being largely accessed via O’Connell Street;

· The Residential Aged Care Facility to rely upon Manning Street for access;

· Existing pedestrian access between the University and Manning Street being retained;

· The existing vegetation buffer to the adjoining residential properties being maintained.

The application, as submitted and notified, included a gated vehicular link between Manning Street and the existing UWS internal road. It also included a vehicular link through the middle of the site, providing an intersection with the university internal road. For reasons outlined later in this report, these links are not supported and have been either deleted from the plan, or access has been restricted.

The boundary between the subject lot aligns with the proposed future “educational” and “residential” boundaries under the Werrington Enterprise Living and Learning (WELL) Precinct Concept Plan 2006, which is discussed later in this report.

The application was accompanied by the following reports and documentation:

· Statement of Environmental Effects

· Subdivision plan

· Aerial photograph of site and locality

· Photographs of site

· Site Survey

· Site Analysis Plan

· Concept Landuse Plan

· Westbus 790 Route Map

· Traffic Reports, dated 10 October, and 7 December, 2007

· Arborist Report

· Social Report

· ARV Services Statement

· Engineering Report

Council is reminded that this application is for a Concept Plan only, or Staged Development, which broadly outlines the idea of the proposal with land nominated for future development of the retirement village with high dependency residential aged car facility (nursing home) and serviced self care housing (independent living units).

The Environmental Planning and Assessment Act 1979 allows for the consideration of staged development applications, enabling better strategic planning for a site and the staging of complex developments. Section 83B provides that a staged development application may set out the concept or an overview of the proposal across the whole site, with the details of each separate component of the development to be the subject of subsequent development applications. The staged approval provides certainty for proponents. While any consent on a staged development application remains in force, a determination on any further development applications for that site cannot be inconsistent with the staged approval. Staged approvals are intended to be flexible and tailored to the specific needs of the consent authority and applicant.

Additional information

In response to the issues raised at the previous meeting, the applicants have submitted justification for their case, accompanied by an addendum to the Traffic Report, dated 7 December, 2007, prepared by Ross Nettle of Transport and Traffic Planning Associates with the data obtained from ROAR Data Pty Ltd.

Issue 1 The option of the proposed roadway linking Manning Street to the UWS internal road network being severed to provide for two cul-de-sacs with the cul-de-sac from Manning Street to provide service access to the High Care facility only.

Issue 2 Staff access to the High Care and Independent Living Units to be provided via the UWS internal road network, not Manning Street.

Applicant’s response:

ARV would not support any such proposal to sever the network and/or deny access to staff/residents. There are no planning (traffic) grounds to warrant such an onerous impost on the ability of the Village to function. In this regard, the following comments are relevant in Council’s consideration of the matter;

· Access via Manning Street is the most direct route to existing local shops, community health centre and Peppermint Reserve off Manning Street and bowls club, Chapman Gardens Park and Nepean Hospital. Some residents may walk to nearby facilities but may prefer to drive in inclement weather. Shops are currently under-utilised and many are vacant. ARV development with direct vehicle access to Manning Street will maximise rejuvenation potential of the local shops which would benefit all Kingswood residents in terms of increased jobs and retail facilities.

· Many of the ARV employees and visitors would be local residents. Preventing access via Manning Street may in fact result in increased traffic movements past Kingswood School by residents from the south western suburbs (eg South Penrith, Glenmore Park).

· ARV requires a street presence/identity so that the village is not simply a complex buried within the university grounds.

· Preventing access to the main village “frontage” would be confusing for visitors and could result in increased traffic movements and/or on-street parking in Manning Street in a bid to avoid a circuitous route in search of the “rear” entry.

· Manning Street road connection facilitates practical service delivery/collection, eg garbage collection.

· Manning Street is the existing legal street frontage and could be used (subject to Council consent) by UWS now.

· From an operational perspective, ARV prefers to have the Residential Aged Care Facility (RACF) linked to remainder of village so residents feel part of a cohesive village development. Not two separate developments.

· Traffic generation rates are low for retirement villages compared with ordinary residential housing and further, movements are not focused in peak traffic periods.

· ARV would wish to be part of the local community and not shut out by their neighbours. Connection to Kingswood via the Manning Street Village entry is integral to this. ARV have proven themselves to be good neighbours elsewhere in NSW, including Penrith.

Issue 3 The proposed building height being consistent with the relevant development controls.

Applicant’s response:

The ARV Concept Scheme was prepared at the request of Councillors following their initial assessment of the UWS subdivision application. The submitted ARV application is for a Staged “Concept Scheme only. At this concept stage, there is no certainty whether the RACF will be 1, 2 or 3 storeys. Furthermore, the following is relevant in Council’s considerations:

· Precise building height for each building is a planning matter which would ordinarily be addressed when detailed Stage 1 plans are submitted to Council for consideration – Issues such as height, setback, landscaping, privacy would then be considered prior to determining acceptability of any detailed proposal.

· The SEPP permits Council to approve any building height, but places a restriction on the consent authority that if 8m (being 2/3 storey) height is met, then height cannot be grounds for refusal. The SEPP provides that “The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent”. Hence, the 8m height is not a “development standard” that limits building height per se, rather it is simply “deemed to comply” criteria.

· There is no height control under Penrith Council planning controls for the special uses zone. Hence, UWS could (subject to consent) build a 4 storey institutional building on the site.

Issue 4 Other matters raised by the speakers addressing tonight’s meeting, in relation to the buffer zone to existing residences, traffic and parking.

Applicant’s response:

· Buffer zone/fencing – Residents expressed concern that their existing rural fencing fronting the ARV site would provide inadequate privacy to any new development. In normal circumstances, each owner is responsible for 50% of “sufficient dividing fencing” costs under the Dividing Fences Act 1991. ARV developments typically incorporate co-ordinated landscape embellishment along neighbour boundaries to ensure neighbour privacy and an attractive outlook for ARV residents. The Consent Scheme proposes retention of the existing screen trees which form a significant visual barrier along the western and northern boundaries of the ARV site.

It should be noted that the retention of these trees was in response to neighbour concerns expressed at the open day forum and has incurred significant loss of development potential and viable of the development for ARV. This matter would be further addressed in detailed landscape plans in any future Stage DA.

· Parking – Residents expressed concern about parking provision for the development. Parking would be provided in accordance with the SEPP requirements. As with the height controls for this site, the SEPP does not prescribe parking space provision as a “development standard” per se. Rather, it sets “deemed to comply” criteria which if me, means Council cannot refuse an application on grounds of parking. These criteria are summarised as follows:

o Self contained dwellings (ILUs) – 0.5 space per bedroom

o Residential care facilities – 1 space for each 10 dwellings in the residential care facility (or 1 space for each 15 dwellings if the facility provides care only for persons with dementia), and

o 1 space for each 2 persons to be employed in connection with the development and on duty at any one time, and

o 1 space suitable for an ambulance.

· Traffic – The majority of residents expressed concern in relation to traffic and further sought clarification of the survey date for the Traffic Report. The traffic assessment was undertaken prior to 10 October 2007 (4^th school term commenced 15 October). Hence, if traffic was less in holidays, then this would be to the detriment of ARV’s estimated impact analysis which would proportionally increase. In response to resident concerns, further survey analysis has been undertaken Wednesday 5 December 2007 and an addendum traffic report which has been prepared in response to issues raised by neighbours and councillors. The new surveys have been independently undertaken by ROAR Data Pty Ltd and confirm the previous survey data contained in 10 October Traffic Report. The report confirms both Manning Street and O’Connell Street have sufficient capacity to accommodate the ARV development. The report also confirms satisfactory sightlines in Manning Street for ARV vehicles to safely enter/exit the Village.

ARV developments, like all seniors housing, generates low traffic levels. This is further reduced by the fact that ARV demographic are typically 77-79 on entry to the village and average around 81 years. Hence, resident traffic generation is considerably lower than “lifestyle” retirement villages which target 55+ yrs age group. The more mature entry age results in lower dwelling density (typically 1.4 per dwelling for new villages) then declines as one partner typically dies within 5 years of entry. ARV would also incorporate a daily mini-bus service which further reduces reliance upon private vehicles.

· ‘Rat-running’ by UWS traffic and ‘Gated Entry’ – Residents expressed concern regarding retention and maintenance of the gated entry, possibly a ‘boom gate’ or similar. It should be stated that at the request of Council officers, amended plans were submitted which deleted the vehicle link between UWS and Manning Street and further, introduced the subject ‘gated entry’ to address resident concerns relating to unauthorised UWS traffic ‘rat-running’ through the ARV site to Manning Street. The gated entry is further reinforced by condition which would form part of any consent. Hence, ARV would be required to install and maintain the ‘gated entry’ at all times. Typically, maintenance would form part of ARV grounds management regime so that retention/maintenance is simply not an issue.

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and the following relevant considerations identified:

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

a) Penrith Local Environmental Plan 1998 - Urban Lands

The site is zoned 5(a) Special Uses (Tertiary Education) under Penrith Local Environmental Plan 1998 (Urban Lands). The aims and objectives of the 5(a) (Tertiary Education) zone are as follows:

“To facilitate certain development on land which is, or is proposed to be, used by public authorities, institutions, organizations or the council to provide and protect services, utilities or transport facilities and associated activities.”

The proposal is best defined as multi unit housing and is a prohibited form of development in the 5 (a) Special Uses Zone.

Land to the west of the subject site is zoned 2(a) and 2(b) Residential, and the land to the south is zoned 1(a) rural lands.

The Werrington Enterprise Living and Learning Strategy 2004

The Werrington Enterprise Living and Learning (WELL) Precinct is an area of strategic importance within both Penrith City and the broader region, given its scale, proximity to established urban development and infrastructure, tertiary institutions, and the prospect of new transport linkages. The Precinct is sizeable, with an area of approximately 670 hectares. The Precinct is bounded by the Western Railway line and the Victoria Street/ Shaw Park precinct to the north, French Street/ O’Connell Street, the UWS Kingswood Campus and Kingswood residential area to the west, Caddens Road and the M4 motorway to the south, and the Claremont Meadows residential area and Werrington Road to the east.

Under the adopted WELL Precinct Refined Concept Plan, the subject site is identified for future residential use.

b) State Environmental Planning Policy (Seniors’ Living) 2004

The application seeks approval under State Environmental Planning Policy (Senior’s Living) 2004 (The Policy). Clause 4 of the Policy states:

Land to which Policy applies

(1) This Policy applies to land within New South Wales:

(a) that is zoned primarily for urban purposes or that adjoins land zoned primarily for urban purposes, and

(b) on which development for the purpose of any of the following is permitted:

(i) dwelling-houses,

(ii) residential flat buildings,

(iii) hospitals,

(iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries.

The subject site is currently zoned Special Uses (Tertiary Education) and adjoins land zoned primarily for urban purposes (residential). Therefore, the Policy applies to the land. Under the Policy, the use is defined as seniors living and is therefore permissible. It is noted that the site has been identified for residential purposes under the WELL strategy and that the Policy would also apply to the land at that stage.

The aims of the Policy include:

(1) This Policy aims to encourage the provision of housing (including residential care facilities) that will:

(a) increase the supply and diversity of residences that meet the needs of seniors or people with a disability, and

(b) make efficient use of existing infrastructure and services, and

(c) be of good design.

(2) These aims will be achieved by:

(a) setting aside local planning controls that would prevent the development of housing for seniors or people with a disability that meets the development criteria and standards specified in this Policy, and

(b) setting out design principles that should be followed to achieve built form that responds to the characteristics of its site and form, and

(c) ensuring that applicants provide support services for seniors or people with a disability for developments on land adjoining land zoned primarily for urban purposes.

The proposal is generally consistent with the objectives of the Policy, as it would provide aged person housing that would be sympathetic to the character of the area. The compatibility of the proposal with the existing character and amenity of the surrounding area is discussed later in this report.

The concept plan meets the aims of the policy in that it proposes to increase the supply and diversity of housing for older people or people with a disability on land adjoining land zoned primarily for urban purposes.

To ensure that the dwellings are occupied in accordance with Clause 18 (2) of the Policy, that is, for people aged 55 years or older, or people with a disability, a ‘positive covenant’ would need to be registered over the land to which the development relates prior to occupation of any constructed development.

The following table is a summary of the provisions under the Policy which are relevant to the development.

Clause	Development Criteria	Senior Living Requirement	Proposal	Complies
25 (1) & (2)	Location of facility	Within 400m of shops and relevant services	Site is within 400m from a local bus stop that provides a regular bus service by Westbus (route 790). A small shopping centre is located within 400m of the site at Manning Street.	Yes
26	Bushfire prone land	Considerations for bushfire prone land	Not applicable	Not Applicable

Clause	Development Criteria	Senior Living Requirement	Proposal	Complies
27	Water and Sewer	Water and sewer provision	To be connected to water and sewerage system. To be conditioned at the development stage.	Yes
28	Site Analysis	A site analysis is to be carried out by the applicant in accordance with cl.28 of the Act	Site analysis provided and complies with the requirements of cl. 28.	Yes
34	Stormwater	Control and minimise any impacts of stormwater runoff	On site detention will also be required when the land is developed and has been acknowledged in ‘Annexure 12 – Engineering Report’. Details of the OSD system would need to be submitted with the future development applications for the site.	Subject to future Development Application

The concept plan proposal utilises the Policy to facilitate an integrated retirement village and aged care development. Detailed standards for residential care facilities and self contained units listed in the Policy would apply as mandatory development controls for future development applications for the proposed construction of any buildings. A condition will be imposed ensuring compliance with the Policy in future development applications. (See Condition No 2.7.)

c) State Regional Environmental Plan 20 – Hawkesbury Nepean River

This Policy aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality, particularly as that relates to recreation and aquatic ecosystems.

The proposed development is conceptual at this stage and therefore would have no impact on the Hawkesbury-Nepean River. Actual construction on the site would be the subject of future development applications.

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

The application is for a concept plan for a retirement village and no site works are proposed at this stage. It is considered that the use of the site as a retirement village would result in little, if any, adverse impacts on the amenity of the surrounding residents, as the application proposes to establish a facility that would be utilised by the aged community. The design impacts of the proposal would be subject to future development applications. The following main issues were identified throughout the assessment process.

Traffic and Access

The application, as submitted and notified, included a gated vehicular link between Manning Street and the existing UWS internal road in the northern part of the site. It also included an uncontrolled vehicular link through the middle of the site, providing an intersection with the university internal road. These plans were referred to Council’s Senior Traffic Engineer, who provided the following comments:

· "The proposed increase in traffic movements as a result of the development is anticipated to be in the order of 21 additional peak hour trips in the morning and 24 in the afternoon in Manning Street, with an additional 27 morning and 30 afternoon trips in O’Connell Street. Although the proposal does produce a minor consistent increase in local traffic flow, no adverse traffic generation impacts are expected from the development and it is anticipated that the local road network has adequate spare capacity to cater for this increase.

· The parking provision for the proposal must comply with the provisions set out in Council’s Car Parking code and the RTA’s Guide to Traffic Generating Developments.

· Access to the site via the ARV road to Manning Street appears to provide good sight distance in both directions. It is recommended that this road be suitably designed to discourage any through movement from University students (i.e. speed humps). The concept plans also show an alternate UWS road with a gated entry provided, it is unclear if this road is open to student traffic therefore having impacts on Manning Street. I would support an alternate access into the University to relieve congestion in O’Connell Street however traffic modelling is required for this scenario.

In summary, I do not have substantial objections to this proposal should the access to Manning Street by students be restricted. However if access were permitted, traffic analysis should be undertaken to gauge the flow on effects of this occurring."

Council’s Development Engineer has also provided comments with regard to the site access as follows:

“The proponent has stated that access will be off Manning Street and through the internal road system of the University through to O’Connell Street (S.E.E Section 3.5 page 8). The submitted plan of subdivision (from DA07/0121) does not show any Right of Way over Lot 2 (University site) in favour of Lot 1 (retirement village site). If access is to be utilised from O’Connell Street then a Right of Way is to be dedicated over the internal University access road in favour of the retirement village site. This will be conditioned in any future development application.

Details of car parking and internal access to the site have not been submitted and will be the subject of a future Development Application for the development of the site.

I have no objection to the proposed application subject to conditions for the creation of the easement.”

Comment:

The application as lodged could not be supported as inadequate traffic modelling has been undertaken. It is considered that traffic modelling over a wider area would be needed in order to satisfactorily assess the impacts of any formalised vehicular link between the University and Manning Street through the subject site. Such modelling would take a considerable amount of time to prepare. Consequently, the plans have been amended to delete the vehicular link to the north of the site. It is noted though that there currently exists a pedestrian and cycle link through the subject site. It is reasonable to formalise this link as a result of this application. Accordingly, the University land subdivision application (DA07/0121) also being presented to Council tonight has been amended to delete the vehicular link and to formalise the pedestrian link.

The proponent also seeks approval for an internal road, to enter the site from Manning Street, to intersect with the University internal road. As submitted, this road would also enable vehicles to traverse the subject site, connecting from the University, be it actual University traffic or traffic from the self care units to the south of the subject site, through to Manning Street. The applicant has since clarified the use of this road as being more for the purposes of servicing by garbage and delivery trucks and the like, and that controlled access (eg a gated entry) could be provided at this stage. It is considered that restricting access to this road to only service vehicles would be an acceptable solution, and it is therefore recommended that a condition of consent reflecting this requirement be included in any approval. A condition will also be imposed which stipulates that all staff of the Residential Aged Care Facility shall access the site via the University access road. (See Conditions No 2.10, 2.11 and 2.12.)

The Concept Plan has been developed on the premise that access through the site would be obtained originally from Manning Street but due to the extent of public interest in the likely traffic implications of this arrangement, the access arrangements were varied to allow access through the University site. The applicant (ARV) provided additional information to address this change and indicated a willingness to accept a condition which required the provision of a Right of Way through the University site in favour of the ARV. This would provide legal access through out the site in accordance with the Concept Plan.

The University of Western Sydney has expressed some reservations about the potential implications of a Right of Way being registered over its property and has sought an opinion as to whether there is any other alternatives open for Council to consider. The University is of the view that as access through the University site will only be for ARV staff of the Resident Aged Care Facility, then it would prefer the issue of a licence over its land in favour of the applicant. In an effort to facilitate both Council’s need for staff to access the University site and the University’s position in relation to the granting of a Right of Way, it is recommended that Council condition the Concept Plan that suitable legal access is to be made available to ARV for this purpose. This may be in the form of either a Right of Way or a licence and it will be subject to appropriate legal scrutiny.

Addendum to original Traffic Report

The Traffic Report submitted with the development application made assumptions that with dual access, RACF traffic would be split 50/50 between Manning Street and the UWS roadway, as well as ILU traffic would be split 65/35 between the UWS roadway and Manning Street. This is anticipated to be in the order of 21 additional peak hour trips in the morning and 24 in the afternoon in Manning Street with an additional 27 morning and 30 afternoon trips in O’Connell Street. Future development applications will be required to satisfy these assumptions. (See Condition No 2.6.)

Council’s Senior Traffic Engineer considered the original traffic report with the development application and felt that although the proposal would produce a minor increase in local traffic flow, no adverse traffic generation impacts are expected from the development and it was anticipated that the local road network has adequate spare capacity to cater for the increase.

The addendum to this traffic report is in response to a new traffic survey undertaken since Council’s meeting of 3 December, 2007. The surveys were undertaken by the independent specialist company of ROAR Data Pty Ltd and assume the same traffic splits between Manning Street and the UWS roadway as suggested earlier. The addendum report confirms that:

· the proposed access for ARV will comprise connections to both Manning Street and the UWS road system (linking to O’Connell Street and Second Avenue);

· there will be no connection for use by UWS between the campus and Manning Street;

· vehicle movements will not contravene the ‘environmental capacity’ criteria for a local access road (even though Manning Street actually acts as a minor collector providing access to a school); and will not introduce any adverse road safety implications particularly as the principal movements (ie staff with a 7.00am start and 2.00pm finish) will not occur at school arrival/departure times.

The report also notes that a residential rezoning under the WELL Precinct Study could involve some 87 dwellings (15 dwellings/hectare) and on the basis of the RTA Traffic Generation Criteria of 0.85 vtph per dwelling, this would result in a morning and afternoon generation of 74 vtph which is approximately 50% more than that associated with the ARV development.

Council’s Senior Traffic Engineer has considered the addendum to the traffic report and concurs with the findings and notes that:

· The traffic generation is low and represents a minor increase to the local road network. Manning Street volumes are currently under capacity with approximately 1100 vehicles per day. The range for a minor collector road is in the order of 1000-3000 vehicles per day for a 12m wide carriageway road (AMCORD guidelines).

· The proposed ARV driveway access to Manning Street is on the outside of a large curve radius and would therefore represent the best available sight distance. It is understood that a drainage reserve exists opposite this proposed access, which will mitigate headlight glare issues for neighbours.

· The proposal for an ARV development represents a reduced traffic generation rate per area of development in comparison to other uses and it would not significantly burden the existing road network nor exceed the environmental capacity criteria for Manning Street if approved.

Social Impact

Council’s Community and Cultural Development Department has reviewed the application and has provided the following comments:

“Projected demographics from the Australian Bureau of Statistics indicate that the numbers of people aged 65 years and over are expected to double within the Penrith LGA over the next decade. An aging population will have a diversity of needs, amongst them housing needs and will require a variety of approaches and strategies to support positive ageing.

In addition, there are a limited number of aged care housing options currently available in the Penrith LGA. Waiting lists are extensive and many residents are required to move outside of the local area in order to obtain the aged services and care they require.

The subject DA has been lodged as a ‘Stage Development Application’. The concept proposal (as submitted) is supported for the following reasons:

· The current and projected need for aged care services and housing in the Penrith LGA.

· The proposed site is centrally located within the LGA and close to existing health care and support service providers.

· The transition from home to residential care would not be difficult for most senior residents as they will remain in an area of familiarity.

· The potential ease of access for family, friends and other visitors as well as community service providers who will be providing domestic and personal care to future residents.

· The potential opportunity for future residents to be involved in local social, recreation leisure and cultural activities outside of the village.

In further developing this proposal it is recommended that the applicant be encouraged to clarify how the Anglican Retirement Village’s management philosophy will promote positive social impact on the locality.

It is also recommended that the application be required to undertake consultation with local residents, local older people, local community services providers and local health care providers. In particular, opportunities should be identified for potential partnerships that will assist the applicant in delivering better outcome for future aged residents as well as the local community.”

In addition, to address the issue of social impact on the locality arising from the proposed development, the applicant submitted a Social Impact Report, detailing the demographics of the aging population in the local government area and an assessment of existing aged care services in the area. According to that report, there were approximately 16% of older people living in private dwellings in Penrith LGA in 2006, who reported the need for support care services in the area. It is considered that the proposed development would have a positive social impact as it would provide much needed aged care support facilities.

Density and Relationship to Surrounding Community

The concept plan provides for a mix of dwelling types, to provide for a range of housing choice. To ensure that there is a sustainable and environmentally sensitive distribution of residential density across the site, it is proposed to utilise the contours of the land locating dwellings in a ‘stepped’ fashion down the slope.

The details of the layout and the distribution of any buildings on the site would be subject to future development applications, requiring the integration of open space, recreational, community and health facilities within the retirement village.

Landscape buffers are proposed as part of the proposed concept plan. These contain existing avenues of medium sized trees along the northern and western boundaries of the site and have an average depth of approximately 27m. In an urban environment, such a landscape buffer would be considered to be generous and would provide a significantly positive landscape element to any locality.

Future development applications would formalise the landscape buffers, and address the topography of the subject site, to create a built form that is consistent with urban environments.

Urban Design

The Seniors Living Policy – Urban Design Guidelines for Infill Development provides provisions for maximum heights, number of dwellings, floor space and setbacks in accordance with the urban design principles set down in the Policy. Detailed designs of individual buildings would be the subject of future development applications. (See Condition No 2.7.)

Servicing of the Site

The provision of services to the subject site would be required as part of any development application in the future. It is considered though that services provided to adjoining residential areas could be extended into the subject site.

3. Section 79C(1)(d) – The suitability of the site for the Development

Under the present zoning provisions, the choice of future land uses is limited to uses associated with tertiary education. In this instance, the applicant is utilising the provisions of the Policy to facilitate the proposal. In the future, the proposed lot would be zoned for residential purposes under the WELL strategy. The site is largely free of constraints and is of sufficient area to provide a landscape buffer screening between the retirement village and the surrounding residential properties.

The site is considered suitable for the retirement village, given its type, location and its relationship with the surrounding area. The detailed layout and design of the built form for the retirement village will be assessed through future development applications.

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

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was notified to nearby and adjoining residents, and advertised in the local paper, between 24 October 2007 and 7 November 2007. One hundred and twenty four (124) residences in the area were notified.

The application was re-notified to a wider area of approximately 3km and a total of 298 residences. The second notification period was between 8 November 2007 and 22 November 2007 (see appended notification map).

Of the 298 residents notified, twelve (12) letters of submission been received by Council. Matters raised in submissions are most appropriately summarised in the following points:

· Lack of community consultation

· Traffic impact of access from Manning Street to the University

· Size/height/scale of future development

· Property values

· Impact on current amenity enjoyed by nearby and surrounding residents

· Lack of infrastructure

· Loss of trees

· Loss of privacy

· Loss of open space

It is considered that the main issues raised in the submissions relating to this application, including traffic impact, relationship to nearby and adjoining dwellings and access arrangements, have been discussed throughout the body of this report, or addressed by way of the amending plan. It is noted that issues relating to built form, scale and bulk and architectural design would be assessed in future development applications.

The proposed development is considered to be consistent with the existing residential amenity of the area. Building treatment will be incorporated into the design for the future development through varied rooflines and building articulation. These measures would ensure that the any future development would be compatible with the surrounding residential streetscape.

As already mentioned the site is of sufficient area and provides for an average 27m landscape buffer screening between the retirement village and surrounding residential properties. The established avenue of trees and the buffer would provide a generous setback of open space and retain the majority of trees on the site.

The site is considered suitable for the retirement village, given its location and relationship with the surrounding area, ie a transition between the built form of the University and the surrounding residential area. The detailed layout and design of the built form will be the subject of future development applications.

5. Section 79C(1)(e) – Public Interest

The subject site is located on land within the WELL Precinct, which identifies the land as having future potential residential use. The proposed use is consistent with the proposed future use of the area.

A total of twelve (12) submissions were received in respect to the proposal. One of the main objections to the proposal related to the access to the University through Manning Street. Any vehicular connections through the site between Manning Street and the University are not supported at this time on the basis that inadequate traffic modelling has been undertaken. Accordingly, both this application (and the related subdivision application) has been amended to either delete, or restrict access.

The concept plan is consistent with the objectives of the Policy, providing a range of much needed accommodation for senior citizens. The proposal is therefore considered to be in the public interest.

Conclusion

The development application report presented to Council on 3 December, 2007 assessed the concept proposal against the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. The application broadly outlines the concept for a retirement village, incorporating a high dependency residential aged care facility (nursing home) and serviced self care housing (independent living units). A Concept DA enables Council to consider a detailed proposal over an entire site without the need for specific development applications for works. It provides enough information for Councils to determine the merits of the proposal and will require any subsequent applications to be consistent with any approval that is granted. Essentially, it provides a level of certainty to the applicant about that the development opportunities over the entire site which may not be taken up for some considerable time.

The current proposal has undergone significant public scrutiny and has been amended to reflect the concerns of the community. It is considered that the development will provide a development opportunity over this parcel of land for a use that has been identified as being needed within the Penrith local area. The applicant has provided a social impact assessment which concludes that the development will result in substantial benefit being afforded to the City as it will enable people to retire and age within close proximity of their family.

The proposal has been found to be reasonable in the circumstances and although it may produce a minor increase in local traffic flow, no adverse impacts from traffic generation are expected. The local road network has adequate capacity to cater for the increase.

The development application was extensively notified to 298 residents and locally advertised and 12 submissions were received. As a result, the application provided additional information to Council on 7 December, 2007, with the inclusion of new traffic survey information. The additional information addresses the submissions received and reiterates the findings that the ARV proposal will not have any unsatisfactory traffic implications and represents a very low level of traffic activity.

The complex detail of design criteria, and issues such as heights and setbacks, will be assessed in future applications in accordance with the provisions of Section 79C of the Act and the State Environmental Planning Policy (Senior’s Living) 2004, and will be measured against any perceived impacts. The conditions that are recommended are specific to the operations of the site and reflect the applicant’s response to both Council and resident comment about the proposal. The conditions seek to ensure that the majority of access to this development will be from the south, while allowing some access to Manning Street in order to provide a street address and a relationship to the site’s only legal street frontage. Council will receive subsequent development applications for future stages which will need to reflect the approved Concept Plan.

The report is recommended for approval subject to conditions, on the understanding that detail would be provided in future development applications.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 07/1281 Concept Plan for a "Seniors' Living" Retirement Village, Lot 1721, DP 864087 (which is subject to a 1 into 2 lot subdivision) (No 56) Second Avenue, Kingswood be received

2. DA07/1281 for a concept plan for a retirement village on Lot 1721 DP 864087 (No 56) Second Avenue Kingswood be approved, subject to the following conditions:

Standard Conditions

2.1 A001 (Approved Plans)

2.2 A006 (Concept Plan only – development subject to future development applications)

2.3 K008 (ROW from O’Connell Street)

Special Conditions

2.4 All access roads, parking and manoeuvring areas are to comply with AS2890.1 and Council’s relevant Engineering Standards. Access roads, parking and manoeuvring areas for emergency vehicles, service vehicles and heavy vehicles are to comply with AS2890.2 and Council’s relevant Engineering Standards. Full details shall be provided for any future development applications for the site

2.5 Penrith City Council is the Roads Authority under the Roads Act 1993 and is responsible for approving connection to public roads or any works on or over a road reserve. In this regard, all works are to be designed and constructed in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivision and Developments Part 1 – Design and Part 2 – Construction. Full details shall be provided for any future development applications for the site

2.6 Each development application is to satisfy the assumptions made in the Traffic Report and the addendum to the Traffic Report, prepared by Transport and Traffic Planning Associates. Based on the traffic reports, 65 of the Independent Living Units shall obtain vehicular access from the south

2.7 Each development application is to strictly comply with the requirements of State Environmental Planning Policy (Seniors Living) 2004

2.8 On site stormwater detention (OSD) and water quality controls will be required for the development. Engineering details of the OSD and water quality systems shall be provided for any future development applications for the site

2.9 The site is affected by local overland flows from the adjoining property. An overland flow food study, which addresses all storm events and up to and including the 1 in 100 year storm event for the local catchment, shall be provided for any future development applications for the site

2.10 The intersection of the ARV access road and the University internal road shall have controlled access by way of an electronic sliding gate or the like. This access is to be restricted to service and emergency vehicles only, with residential or University traffic being denied. Details of the control access shall be submitted to Council for approval through future development applications for the site

2.11 Through access between Manning Street and the University shall be restricted to pedestrians and cyclists only. Staff car parking to the RACF is to be accessed via the internal UWS road. Only visitor car parking may be accessed via Manning Street.

2.12 All staff of the Residential Aged Care Facility shall access the site via the University access road.

2.13 To enable staff of the Residential Aged Care Facility to access the site, the necessary legal arrangements are to be put in place in favour of the Anglican Retirement Village over the University land.

3. Persons who have made submissions be notified of Council’s decision.

ATTACHMENTS/APPENDICES

1. View	Locality Plan	1 Page	Appendix
2. View	Site Plans	2 Pages	Appendix
3. View	Notification Plan	1 Page	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 2007/2008 Annual Statements are presented
* Meeting at which the Management Plan for 2008/2009 is adopted

*Ordinary Meeting*	*17 December 2007*
*The City in its Environment*

*Ordinary Meeting*	*17 December 2007*
*Appendix 1 - Locality Plan*

*Ordinary Meeting*	*17 December 2007*
*Appendix 2 - Site Plans*

*Ordinary Meeting*	*17 December 2007*
*Appendix 3 - Notification Plan*

*Ordinary Meeting*	*17 December 2007*
*Appendix 2 - Subdivision Plan*

*Ordinary Meeting*	*17 December 2007*
*The City as an Economy*