OF
THE ORDINARY MEETING OF PENRITH
CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 17 DECEMBER 2007 AT 7:07PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
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.
PRAYER
The Council Prayer was read by the Rev Neil Checkley.
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 and John Thain.
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APOLOGIES
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There were no apologies.
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LEAVE OF ABSENCE
Leave
of Absence was previously granted to Councillor Susan Page for the period 5
November 2007 to 17 December 2007 inclusive.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 3 December 2007
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490 RESOLVED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that
the minutes of the Ordinary Meeting of 3 December 2007 be confirmed.
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DECLARATIONS OF INTEREST
There were no declarations of interest.
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SUSPENSION OF
STANDING ORDERS
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491
RESOLVED on the MOTION of Councillor Jackie Greenow seconded
Councillor Ross Fowler that Standing Orders be suspended to allow
members of the public to address the meeting, the time being 7:11 pm.
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Mr Alan Devine
Item 1 - 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 Devine, an affected neighbour, spoke in opposition to the
development, citing disadvantages such as loss of open space to the university
and neighbours, the proximity of potentially noisy student hostels to the proposed
development, and an increased traffic hazard, particularly in relation to
pedestrians and the absence of footpaths on Manning Street.
Mr Tim Vollmer
Item 1 – 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 Vollmer, an affected neighbour, spoke against the
development. Mr Vollmer’s issues of
concern were the long term negative impacts on traffic and amenity to the
residential neighbourhood in the locality, caused by the density of the
development and the traffic emanating from the development via residents, visitors
and staff, in particular to Manning Street.
Mr Vollmer stated his concerns regarding traffic on Manning
Street and the likely
danger to school children in this area if there is an increased volume in
traffic and detailed some alternative traffic solutions for this area.
Ms Meg Levy
Item 1 – 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
Ms Levy, representing the applicant, spoke in support of the
development, noting that at this stage the plans for the development were at
concept stage only and that a detailed development application was yet to be
submitted. Ms Levy stated that the
applicant has demonstrated a willingness to work with Council in an effort to
ensure the development will make a positive contribution to the local
community. Ms Levy suggested that many
jobs would be generated by the development, and that it would increase ongoing
work opportunities for a range of local practitioners, as well as providing an injection
of more income to local shopping areas.
Ms Levy concluded by stating that the development would be a relatively
low impact urban
development and would result in the establishment of a much needed community
asset.
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RESUMPTION OF
STANDING ORDERS
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492
RESOLVED on the MOTION of Councillor Jackie Greenow seconded
Councillor Jim Aitken OAM that Standing Orders be resumed, the time
being 7:39 pm.
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Mayoral
Minutes
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1 Recognition
for Werrington Creek restoration
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493 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Karen McKeown that the Mayoral Minute on Recognition for Werrington Creek
restoration be received.
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Reports
of Committees
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1 Report
and Recommendations of the Local Traffic Committee Meeting held on 3 December 2007
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494 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Garry Rumble that the recommendations
contained in the Report and Recommendations of the Local Traffic Committee
meeting held on 3 December, 2007 be adopted.
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2 Report
and Recommendations of the Disability Access Committee Meeting held on 5
December 2007
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495 RESOLVED on the MOTION of Councillor Jackie
Greenow seconded Councillor Steve Simat that the recommendations
contained in the Report and Recommendations of the Disability Access
Committee meeting held on 5 December, 2007 be adopted.
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3 Report
and Recommendations of the Penrith
Valley Community Safety
Partnership Meeting held on 5 December 2007
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496 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Ross Fowler that the recommendations
contained in the Report and Recommendations of the Penrith Valley Community
Safety Partnership meeting held on 5 December, 2007 be adopted.
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4 Report
and Recommendations of the Policy Review Committee Meeting held on 10
December 2007
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497 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Mark Davies that the recommendations
contained in the Report and Recommendations of the Policy Review Committee
meeting held on 10 December, 2007 be adopted.
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MASTER PROGRAM REPORTS
The City as a Social Place
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1 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
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498 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Ross Fowler
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.
4. Council note
Mr Michael McHugh’s undertaking, given to the meeting on behalf of applicant,
that there will be no attempt to open up unfettered access between Manning
Street and the
University internal road without first seeking Council approval.
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2 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
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499 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Jim Aitken OAM
That:
1. The information contained in the report
on Subdivision Application
07/0121 at University of Western Sydney Lot 1721 DP 864087 (No. 56) Second Avenue, Kingswood be received
2. DA07/0121 for
Torrens title Subdivision x 2 Lots, Lot 1721
DP864087 (No. 56) Second Avenue Kingswood be approved, subject to the
following conditions:
Standard
Conditions
2.1 A001
Approved Plans (Add: The right of carriageway shall
be deleted and the 20 metre wide strip shall only be for Right of Footway and
easement of services.)
2.2 G001 Services
2.3 M008 Linen Plan
2.4 To enable staff of the Residential Aged
Care Facility, emergency services and service vehicles to access to the site,
the necessary legal arrangements are to be put in place in favour of the Anglican Retirement Village
over the University land. This can be
in the form of either a Right of Way or a licence between the Anglican Retirement Village
and the University. Details shall be
provided to Council prior to the Subdivision Certificate.
2.5 Q008 Subdivision
Certificate
Special Conditions
2.6 The Right
of Carriageway between Manning
Street and the University, marked (A) on the
plan of subdivision is not approved and shall be limited to a right of
footway
3. Persons who
have made submissions be notified of Council’s decision.
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The City as an
Economy
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3 Council
Property - 225-227 Queen Street,
St Marys - NSW Department of Community Services
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500 RESOLVED on the MOTION of Councillor Steve
Simat seconded Councillor Karen McKeown that the information contained in the report on Council Property - 225-227 Queen Street, St Marys - NSW
Department of Community Services be received.
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Leadership
and Organisation
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4 2007
National General Assembly of Local Government
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501 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor John Thain that the information contained in the report on 2007 National General Assembly of Local
Government be received.
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6 Decision
Making Arrangements During the Council Recess
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502 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor John Thain that the information contained in the report on Decision Making Arrangements During the
Council Recess be received.
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7 Summary
of Investments & Banking for the period 1 November to 30 November 2007
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503 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor John Thain
That:
1. The information contained in the report
on Summary of Investments
& Banking for the period 1 November to 30 November 2007 be received.
2. The Certificate of the
Responsible Accounting Officer and Summaries of Investments and Performance
for the period 1 November 2007 to 30 November 2007 be noted and accepted.
3. The
graphical investment analysis as at 30 November 2007 be noted.
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5 Urban
Development Institute of Australia
National Congress 2008
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504 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Ross Fowler
That:
1. The information contained in the report
on Urban Development Institute
of Australia National Congress 2008 be received.
2. Councillors
Greg Davies, Steve Simat, Jim Aitken OAM and Ross Fowler attend the National
Congress of the Urban Development Institute of Australia
in Melbourne,
from 3-6 March 2008, as Council’s delegates and that they be granted leave of
absence as appropriate.
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QUESTIONS WITHOUT NOTICE
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QWN 1 Jamison Park
Netball Complex
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Councillor Jackie Greenow requested a
report to Council concerning the possibility of providing funding for
essential works to be carried out to the Jamison Park Netball Complex.
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QWN 2 Panthers on the Prowl
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Councillor Jackie Greenow congratulated
Panthers on their Panthers on the Prowl schools program and noted its success
in local schools.
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QWN 3 Footpath Construction in Jeanette Street,
Regentville
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Councillor
Jim Aitken OAM requested that an amount of $14,400 from South Ward voted
works be allocated to the construction of a footpath on the north side of Jeanette Street,
Regentville, between Mulgoa Road
and Schoolhouse Road.
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505
RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded
Councillor Karen McKeown that the matter be brought forward and dealt with as
a matter of urgency.
His Worship the
Mayor, Councillor Greg Davies, ruled that the matter was urgent and should be
dealt with at the meeting.
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506
RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded
Councillor Karen McKeown that an amount of $14,400 from South Ward voted
works be allocated to the construction of a footpath on the north side of Jeanette Street,
Regentville, between Mulgoa Road
and Schoolhouse Road.
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QWN 4 Footpath Construction in Spencer Street,
Regentville
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Councillor
Jim Aitken OAM requested that an amount of $13,700 from South Ward voted
works be allocated to the construction of a footpath on the north side of Spencer Street,
Regentville, between Mulgoa Road
and Loftus Street.
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507
RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded
Councillor Karen McKeown that the matter be brought forward and dealt with as
a matter of urgency.
His Worship the
Mayor, Councillor Greg Davies, ruled that the matter was urgent and should be
dealt with at the meeting.
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508 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Karen McKeown that an amount of $13,700 from
South Ward voted works be allocated to the construction of a footpath on the
north side of Spencer Street,
Regentville, between Mulgoa Road
and Loftus Street.
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QWN 5 Upgrade of Electricity in Tench Reserve
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Councillor Jim Aitken OAM requested a memo
reply to all Councillors regarding the provision of funding for the upgrading
of electricity in Tench Reserve for public use.
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QWN 6 Intersection of St Thomas and Mulgoa Roads, Mulgoa
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Councillor Jim Aitken OAM requested that
the matter of the dangerous intersection at St Thomas
Road and Mulgoa Road, Mulgoa be referred to the
Local Traffic Committee to consider ways of rectifying the situation.
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Committee of the
Whole
509 RESOLVED on the MOTION of Councillors
Jackie Greenow seconded Councillor Pat Sheehy AM that the meeting adjourn to
the Committee of the Whole to deal with the following matters, the time being 8:08
pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Pat Sheehy AM that the press and
public be excluded from Committee of the Whole to deal with the following
matters:
Leadership and Organisation
2 Commercial Matter - Lease of Former Part
of Castlereagh Road,
Penrith to National Foods Limited
This item has been referred to Committee of
the Whole as the report refers to information that would, if disclosed, confer
a commercial advantage on a person with whom the Council is conducting (or
proposes to conduct) business and discussion of the matter in open meeting
would be, on balance, contrary to the public interest.
Leadership and Organisation
3 Legal
Matter - Committee of the Whole Procedures
This item has been referred to Committee of
the Whole as the report refers to advice concerning litigation, or advice that
would otherwise be privileged from production in legal proceedings on the ground
of legal professional privilege and discussion of the matter in open meeting
would be, on balance, contrary to the public interest.
4 Senior
Staff Matter
This item has been referred to Committee of
the Whole as the report refers to personnel matters concerning particular
individuals and discussion of the matter in open meeting would be, on balance,
contrary to the public interest.
The
meeting resumed at 8:13 pm and the General Manager reported that the Committee
of the Whole met at 8:08 pm on 17 December 2007, the following being 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, 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
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2 Commercial
Matter - Lease of Former Part of Castlereagh
Road, Penrith to National Foods Limited
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RECOMMENDED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Mark Davies
CW2 That:
1.
The
information contained in the report on Commercial
Matter - Lease of Former Part of Castlereagh Road, Penrith to National Foods
Limited be received.
2.
Council
grant a new 5 year Licence Agreement to National Foods Limited in accordance
with the terms and conditions as outlined in the report.
3.
The Common Seal of the Council of the City of Penrith
be placed on all necessary documentation.
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3 Legal
Matter - Committee of the Whole Procedures
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RECOMMENDED
on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kaylene
Allison
CW3 That the information contained in the report on Legal Matter - Committee of the Whole
Procedures be received.
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4 Senior
Staff Matter
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RECOMMENDED
on the MOTION of Councillor Jim Aitken OAM seconded Councillor Lexie Cettolin
CW4 That:
1. The information contained in the report on Senior Staff
Matter be received.
2. The recommendations of the Senior Staff
Recruitment / Review Committee be endorsed.
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ADOPTION
OF Committee of the Whole
510 RESOLVED on the MOTION of Councillor
Pat Sheehy AM seconded Councillor Jackie Greenow that the recommendations
contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 8:14 pm.
I certify that these10
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 17 December 2007.
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Chairperson Date