Agenda of Ordinary Meeting - 25 February 2008

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 4 FEBRUARY 2008 AT 7:40PM

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 Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark Davies, Ross Fowler OAM, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Pat Sheehy AM and Steve Simat.

APOLOGIES

1 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jackie Greenow that apologies from Councillors Jim Aitken OAM and John Thain be accepted.

CONFIRMATION OF MINUTES - Ordinary Meeting - 17 December 2007

2 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 17 December 2007 be confirmed.

DECLARATIONS OF INTEREST

Councillor Jackie Greenow declared a pecuniary interest in Item 5 of Committee of the Whole - Commercial Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith as she is the Chairperson of the board of the company that is the subject of the report.

Councillor Ross Fowler OAM declared a pecuniary interest in Item 5 of Committee of the Whole - Commercial Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith as he is the auditor of the organisation that is the subject of the report.

Mayoral Minutes

1 Penrith City Centre Local Environmental Plan Gazettal

3 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Penrith City Centre Local Environmental Plan Gazettal be received.

2 2008 Australia Day Celebrations

4 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on 2008 Australia Day Celebrations be received.

Councillor Mark Davies left the meeting, the time being 7:57 pm.

3 Locals Recognised in 2008 Australia Day Awards

5 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Locals Recognised in 2008 Australia Day Awards be received.

Councillor Mark Davies returned to the meeting, the time being 7:59 pm.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 Great River Walk - Stages 4 and 5 Grant Offer

6 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Mark Davies

That:

1. The information contained in the report on Great River Walk - Stages 4 and 5 Grant Offer be received.

2. Council endorse the acceptance of funding for the Great River Walk, Penrith Stage 4 (West Bank Design) and Stage 5 (The Missing Links) offered under the Metropolitan Greenspace Program 2007/08.

3. Council send letters of thanks to the Minister for Planning and the Local Member, and to the Great River Walk Inc, Hawkesbury City Council, Penrith Lakes, Baulkham Hills Shire Council, JK Williams and the Department of Lands for their support.

4. Council endorse the lodgement of the application for the 2008 Metropolitan Greenspace Program grant for the Great River Walk Stage 6.

2 Submission to the Department of Planning on the Planning Reforms Discussion Paper

7 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Submission to the Department of Planning on the Planning Reforms Discussion Paper be received.

2. Council endorse the presentation of a submission to the Department of Planning, based on the matters outlined in this report, in response to its Planning Reforms Discussion Paper.

3. Council make representations to the Minister for Local Government concerning its submission on the proposed planning reforms.

4. Council make representations to its local members concerning its position on the proposed planning reforms.

5. A further report be presented to Council on the Local Government and Shires Associations’ position on the proposed planning reforms.

The City as a Social Place

3 Extension of Agreement with Hawkesbury City Council for Animal Pound Services

8 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Steve Simat

That:

1. The information contained in the report on Extension of Agreement with Hawkesbury City Council for Animal Pound Services be received.

2. Council authorises the Waste and Community Protection Manager to enter into an agreement with Hawkesbury City Council to operate animal pound services for a further three, one year periods.

4 Youth Week 2008

9 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Steve Simat

That:

1. The information contained in the report on Youth Week 2008 be received.

2. Council approve the proposed funding allocations for providing Youth Week activities to those organisations as outlined in this report.

5 Seniors Week 2008

10 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Steve Simat

That:

1. The information contained in the report on Seniors Week 2008 be received.

2. Council provide Seniors Week grants to the value of $6,220 to ten local community organisations to celebrate Seniors Week 2008, as outlined in the report.

6 Variation of Subdivision Control currently applying to Lot 1 DP 20420 (No. 208) Stafford Street, Penrith. Applicant: S & K Medhurst; Owner: S & K Medhurst DA07/1280

11 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Steve Simat

That:

1. The information contained in the report on Variation of Subdivision Control currently applying to Lot 1 DP 20420 (No. 208) Stafford Street, Penrith
be received.

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

3. The Development Application DA 07/1280 for the existing dwelling addition on Lot 1, DP 20420, 208 Stafford Street, Penrith be approved, subject to the following conditions:

Standard Conditions

3.1 A001 – Approved Plans

3.2 A020 – Use of Building

3.3 E001 – BCA Compliance

3.4 H01F – Stamped Plans

3.5 K016 – Stormwater

Special Conditions

3.6 The variation of the registration of the use of land as referred to as (c); in the Section 88B instrument attached to the Deposited Plan 20420 shall be registered with The Land and Property Information of New South Wales within six(6) months of issue of the development consent

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

The City In Its Environment

8 Floodplain Management Program 2007/2008 - Grant Offer

12 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Floodplain Management Program 2007/2008 - Grant Offer be received.

2. The State Assisted Floodplain Management Grant offer of $40,000 from the Minister for Climate Change, Environment and Water for the Floodplain Management Program be accepted.

3. The Minister be thanked for the grant offer.

7 Olive Trees - Soling Crescent, Cranebrook

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

That:

1. The information contained in the report on Olive Trees - Soling Crescent, Cranebrook be received.

2. When it is considered the establishment of the trees has been successful, suitable interpretive signage be provided.

The City Supported by Infrastructure

9 Severe Storm on 9 December 2007

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

That:

1. The information contained in the report on the Severe Storm on 9 December 2007 be received.

2. All Council outdoor staff be thanked for their efforts during the weeks following this storm.

Leadership and Organisation

10 Pecuniary Interest Returns

15 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Steve Simat that the information contained in the report on Pecuniary Interest Returns be received.

11 Local Government Friend of Australian Red Cross

16 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Steve Simat

That:

1. The information contained in the report on Local Government Friend of Australian Red Cross be received.

2. Council accept the invitation of the Australian Red Cross to become a Local Government Friend of Australian Red Cross.

14 Council Property - Electricity Easement for Padmount Substation on Open Space, Lot 10 DP 832179, The Glenmore Parkway, Glenmore Park. Owner: Penrith City Council. Applicant: Integral Energy

17 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Steve Simat

That:

1. The information contained in the report on Council Property - Electricity Easement for Padmount Substation on Open Space, Lot 10 DP 832179, The Glenmore Parkway, Glenmore Park. Owner: Penrith City Council. Applicant: Integral Energy be received.

2. Council grant Integral Energy an Easement for Padmount Substation 5.5 x 2.75 metres and an easement one metre wide for connecting cables over Lot 10 DP 832179 at The Glenmore Parkway, Glenmore Park.

3. Integral Energy bear all reasonable costs associated with the granting of the easements.

4. Compensation in the amount of $5,500 be accepted from Integral Energy.

5. Integral Energy be responsible for the timely removal of any graffiti upon the padmount substation.

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

15 Property Matter - Proposed Road Closing - Part Mamre Road, Erskine Park

18 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Steve Simat

That:

1. The information contained in the report on Property Matter - Proposed Road Closing - Part Mamre Road, Erskine Park be received.

2. Council lodge an application with the Department of Lands for the closing of the indent section of Mamre Road that is no longer required, with the intention that the land be transferred to the owner of the adjoining land, currently CSR Ltd.

3. CSR Ltd be responsible for all application, survey and associated costs involved in the closing.

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

16 Summary of Investments & Banking for the period 1 December to 31 December 2007 and an Agency Collection Method

19 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Steve Simat

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 December to 31 December 2007 and an Agency Collection Method be received.

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

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

4. The Agency Collection Fees be noted.

12 2008 Australian Local Government Women's Association NSW Annual Conference

20 RESOLVED on the MOTION of Councillor Susan Page seconded Councillor Kaylene Allison

That:

1. The information contained in the report on 2008 Australian Local Government Women's Association NSW Annual Conference be received.

2. Council nominate Councillors Karen McKeown, Kaylene Allison, Jackie Greenow, Lexie Cettolin and Susan Page as its delegates to attend ALGWA’s 55^th Annual NSW State Conference, to be held in Rockdale from 3 to 5 April 2008, and grant leave of absence as appropriate.

13 Local Government Sessions, United Nations Climate Change Conference, Bali, Indonesia, 2007

21 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on the Local Government Sessions, United Nations Climate Change Conference, Bali, Indonesia, 2007 be received.

2. Consideration of the World Mayors and Local Governments Climate Protection Agreement be referred to the Climate Change Leadership Working Party.

17 Review of National Framework for Women in Local Government

22 RESOLVED on the MOTION of Councillor Susan Page seconded Councillor Karen McKeown

That:

1. The information contained in the report on Review of National Framework for Women in Local Government be received.

2. The Workshop as outlined in the report be held with women councillors to develop an action plan.

3. This report form the basis of Council’s response to ALGWA on the progress being made to implement the actions contained within the National Framework for Women.

QUESTIONS WITHOUT NOTICE

QWN 1 Peachtree Creek – Eastern side of Ladbury Avenue, Penrith

Councillor Susan Page requested that the rubbish and dumped soil be removed from Peachtree Creek and the area generally tidied to allow water to flow to the waterfall and flood plain.

QWN 2 Guttering - Ladbury Avenue, Penrith

Councillor Susan Page requested that repairs be carried out to the cracks in the guttering outside No. 36 Ladbury Avenue, Penrith and the pavement that has been damaged by the roots of a tree in the nature strip area outside the property.

QWN 3 Stormwater Damage to Properties behind Penrith Golf Course

Councillor Susan Page requested that the stormwater outlet behind Penrith Golf Course, backing onto properties in Ladbury Avenue, Penrith be unblocked as water is backing up onto these properties.

QWN 4 Local Government Leaders' Forum

Councillor Susan Page requested a report to Council on the outcomes of the Local Government Leaders’ Forum held on 30 January 2008.

Councillor Steve Simat left the meeting, the time being 8:54 pm, and did not return.

QWN 5 Penrith Agricultural Horticultural and Industry Society

Councillor David Bradbury requested a report to Council exploring opportunities for engaging the Penrith Agricultural, Horticultural and Industry Society in discussions regarding the development of a masterplan for its land, including the Penrith Pool site and, if possible, considering a Project Bid for the Management Plan.

QWN 6 Namatjirra Community Centre - Child Care Service

Councillor David Bradbury requested an urgent report to the next Ordinary Council meeting, to be held on 25 February 2008, regarding the options available to maintain the existing Before and After and Vacation Care Service at Namatjirra Community Centre, which is currently run by the Werrington Community Project.

QWN 7 Use of Fireworks in New South Wales

Councillor David Bradbury requested a memo reply on the current laws regarding the use of fireworks in New South Wales, including consideration of the impact of fireworks on Council parks and reserves regarding the resources required to clean up the debris of such fireworks.

QWN 8 Policy on Interpretive Signage

Councillor Garry Rumble requested a report to Council recommending that a policy be formulated on the provision of interpretive signage throughout the City so that a uniform standard is achieved. This policy should look to ensure that the history of Penrith is not lost to residents and that residents are informed of the City’s past history.

QWN 9 Devlin and Castlereagh Roads, Castlereagh - Drainage

Councillor Kevin Crameri OAM requested a memo reply concerning the inspection of the water drainage problem at Devlin and Castlereagh Roads, Castlereagh and detailing a solution to the problem.

QWN 10 Air Services Land at Cranebrook

Councillor Kevin Crameri OAM requested an urgent report to Council on the status of the Air Services land at Cranebrook, in particular any progress made since December 2007.

QWN 11 Referral of Personal Matter to Committee of the Whole

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

QWN 12 Flood Study

Councillor Kevin Crameri OAM requested a memo reply concerning the status of the proposed Flood Study.

QWN 13 Trinity Drive/Lewis Road, Cambridge Gardens - Request for Provision of Traffic Calming Devices (Item 10 - Local Traffic Committee, 4 February 2008)

Councillor Kevin Crameri OAM requested that his previous request for a give way sign at this location be reconsidered by the Local Traffic Committee.

QWN 14 Car parking issues on Gidley Street, St Marys

Councillor Mark Davies requested that the matter of car parking problems being experienced by the family day care service which is run by Mission Australia, in Gidley Street, St Marys be referred to the Local Traffic Committee for investigation.

Committee of the Whole

23 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:09 pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that the press and public be excluded from Committee of the Whole to deal with the following matters:

City as a Social Place

2 Legal Matter - 24 Fourth Avenue, Llandilo

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.

3 Commercial Matter - Acquisition of Property for the Penrith Valley Cultural Precinct at St Marys

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

4 Commercial Matter - Council Property - Lease of Shop 6 at Cranebrook Village Shopping Centre

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

5 Commercial Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith

6 Commercial Matter - Analysis of Development Potential for Council Properties

7 Question Without Notice 11 - Referral of Personal Matter to Committee of the Whole

This matter has been referred to Committee of the Whole as it refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

The meeting resumed at 9:19 pm and the General Manager reported that the Committee of the Whole met at 9:09 pm on Monday 4 February 2008, the following being present

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

CONFIDENTIAL BUSINESS

2 Legal Matter - 24 Fourth Avenue, Llandilo

RECOMMENDED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble

CW2 That:

1. The information contained in the report on Legal Matter - 24 Fourth Avenue, Llandilo.

2. The matter of compliance action be reviewed upon exhibition of the Draft LEP for Rural Lands.

3 Commercial Matter - Acquisition of Property for the Penrith Valley Cultural Precinct at St Marys

RECOMMENDED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler OAM

CW3 That:

1. The information contained in the report on Commercial Matter - Acquisition of Property for the Penrith Valley Cultural Precinct at St Marys be received.

2. Council purchase No 27 Swanston Street, St Marys described as Lot 3 DP 38566 in accordance with Conditions 1-6 as outlined in the summary of the report.

3. The land at Lot 3 DP 38566 be classified as “Operational” land.

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

4 Commercial Matter - Council Property - Lease of Shop 6 at Cranebrook Village Shopping Centre

RECOMMENDED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Lexie Cettolin

CW4 That:

1. The information contained in the report on Commercial Matter - Council Property - Lease of Shop 6 at Cranebrook Village Shopping Centre be received.

2. Council approve early termination of the existing lease to Mousbah Chahrook and Gazwa Shahrook over Shop 6 at Cranebrook Village Shopping Centre as of 29 February 2008.

3. Council grant John Lui a new 5 year lease with a 5 year option over Shop 6 at Cranebrook Village Shopping Centre in accordance with the terms outlined in the report.

4. The Common Seal of the Council of the City of Penrith be placed on all necessary documents.

6 Commercial Matter - Analysis of Development Potential for Council Properties

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Pat Sheehy AM

CW6 That:

1. The information contained in the report on Commercial Matter - Analysis of Development Potential for Council Properties be received.

2. Council accept the offer of Landcom to assist in the analysis of development potential for the Council-owned properties discussed in the report.

3. Council allocate $30,000 from the Property Development Reserve for this project.

4. Council inform the appropriate organisations and individuals of the study, including by way of consultation at the next city partners’ forum.

Having previously declared a pecuniary interest in Item 5 of Committee of the Whole, Councillors Jackie Greenow and Ross Fowler OAM left the meeting, the time being 9:12 pm.

5 Commercial Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown

CW5 That:

1. The information contained in the report on Commercial Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith be received.

2. Council grant Nova Training and Employment Inc (trading as Nova Employment) a 3 year lease with a 3 year option to further lease over Shop 3 at Allen Arcade, 140-142 Henry Street, Penrith.

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

Councillors Jackie Greenow and Ross Fowler OAM returned to the meeting, the time being 9:13 pm.

7 Question Without Notice 11 - Referral of Personal Matter to Committee of the Whole

It was agreed that Councillors would be provided with a memo on the matters raised.

ADOPTION OF Committee of the Whole

24 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Susan Page that the recommendations contained in the Committee of the Whole and shown as CW1, CW 2, CW3, CW4, CW5, and CW6 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 9:22 pm.

*Ordinary Meeting*	*25 February 2008*
*The City Supported by Infrastructure*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 4 February, 2008

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor McKeown – Representative for the Member for Mulgoa, Councillor Sheehy – Representative for the Member for Londonderry, Senior Constable Mark Elliott – St Marys/Regentville Police, Constable Chris Jayne – Penrith Police

IN ATTENDANCE

Sharon Maddox – Road Safety Co-ordinator, David Drozd – Senior Traffic Engineer, Steven Purvis - Ranger, Michael Pruss – Westbus, Dean Dehghan-Khalaji – Trainee Engineer

APOLOGIES

Deputy Mayor Councillor Greenow, James Suprain – Roads and Traffic Authority, Acting Sergeant Chad Brunner – Penrith Police

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 December 2007

That the minutes of the Local Traffic Committee Meeting of 3 December 2007 be confirmed.

DECLARATIONS OF INTEREST

Councillor McKeown – Representative for the Member for Mulgoa declared a non-pecuniary interest in Item 1.

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 Altair Place, Penrith - Request for Provision of Parking Restrictions

RECOMMENDED

That:

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

2. ‘No Stopping’ signs be provided from the western side of the driveway of 15-16 Altair Place around the cul-de-sac to the western side of the eastern driveway of 21-24 Altair Place, Penrith (approximately 70m).

3. The existing centre median island parking be linemarked, and the width of the bays be in accordance with the Australian Standard.

4. The applicant and all business owners in Altair Place, Penrith be advised.

2 Worth Street, Penrith - Request for Provision of 'No Stopping - Taxis Excepted (Limit 1 Minute)' Signage

RECOMMENDED

That:

1. The information contained in the report on Worth Street, Penrith - Request for Provision of 'No Stopping - Taxis Excepted (Limit 1 Minute)' Signage be received.

2. ‘No Parking’ (Taxi Set Down & Pick Up Point)’ signage with ‘Taxi Pick Up Point’ printed on the rear of the sign be provided on the west side of Worth Street, 10m north of the intersection with Union Lane, for a distance of 6m.

3. The signage be trialled for a period of three months from the date of installation, and a further report be submitted to the Local Traffic Committee addressing the trial.

4. Council’s Traffic Section be given authority to remove the signage at any time within the three month trial should it be considered that it has an adverse impact on traffic flow, or is being abused by drivers.

5. The General Manager of Premier Taxis and Centrelink management be advised.

3 East Lane, St Marys - Request for Provision of Loading Zone

RECOMMENDED

That:

1. The information contained in the report on East Lane, St Marys - Request for Provision of Loading Zone be received.

2. ‘No Parking’ signage be provided on the western side of East Lane, 10m from its intersection with Chapel Street through to the existing ‘No Parking’ signage near the butcher.

3. The management of The Warehouse be advised of the Committee’s decision, and be requested to clear the loading dock so it is accessible by delivery vehicles and deliver with smaller vehicles that can access the dock.

4. ‘No Parking’, ‘No Stopping’ and ‘1P Parking’ signage on East Lane, Chapel Street, and Gidley Street, St Marys be amended in accordance with the attached plan and table.

4 Parking Agreements with Westfield Penrith and Centro Nepean

RECOMMENDED

That:

1. The information contained in the report on Parking Agreements with Westfield Penrith and Centro Nepean be received.

2. Approval be given to the Waste & Community Protection Manager to enter into an agreement to carry out parking enforcement of disabled parking spaces, loading zones and ‘No Parking’ areas within the private carparks of Westfield Penrith and Centro Nepean. A further report which includes the proposed agreement to be prepared and submitted to Council for consideration.

3. Westfield Penrith and Centro Nepean Centre Management be advised.

5 Bennett Road, St Clair - Request for Zigzag Linemarking on Approach to Pedestrian Crossing at Bennett Road Public School

RECOMMENDED

That:

1. The information contained in the report on Bennett Road, St Clair - Request for Zigzag Linemarking on Approach to Pedestrian Crossing at Bennett Road Public School be received.

2. Zigzag linemarking be installed on both northbound and southbound approaches to the pedestrian crossing on Bennett Road, Colyton, together with fluorescent “Children” – W6-2 and “Crossing Ahead” – W8-22 warning signs on both approaches.

3. St Marys/Regentville Police and Bennett Road Public School be advised of the Committee’s recommendation.

6 O'Connell Street, Claremont Meadows - Assessment of Existing Traffic Facilities

RECOMMENDED

That:

1. The information contained in the report on O'Connell Street, Claremont Meadows - Assessment of Existing Traffic Facilities, together with the supplementary information, be received.

2. The existing traffic facilities in the vicinity of the chicane device in O’Connell Street, Claremont Meadows remain unchanged and the existing roll kerb not be replaced with vertical barrier kerb.

3. The Police be requested to carry out enforcement of the 60km/h speed restriction in O’Connell Street west of the Claremont Meadows estate.

4. Councillor David Bradbury and the residents be advised.

7 John Oxley Avenue, Werrington County/Rugby Street, Cambridge Park - Speeding Vehicles

RECOMMENDED

That:

1. The information contained in the report on John Oxley Avenue, Werrington County/Rugby Street, Cambridge Park - Speeding Vehicles be received.

2. Council’s Design Section be requested to investigate the provision of traffic calming devices along Rugby Street, Cambridge Park and a report be submitted to the Local Traffic Committee following the investigation.

3. Council’s Speed Alert Mobile (SAM) unit be installed on John Oxley Avenue, between Dunheved Road and Rugby Street, to alert motorists of their travelling speeds, and Police be requested to carry out speed enforcement in the area.

4. The resident be advised.

8 Old Bathurst Road, Emu Heights - Request for Provision of Convex Mirror at Gosling Street

RECOMMENDED

That:

1. The information contained in the report on Old Bathurst Road, Emu Heights - Request for Provision of Convex Mirror at Gosling Street be received.

2. A convex mirror on Old Bathurst Road, directly opposite Gosling Street, Emu Heights not be approved.

3. Council’s Parks Construction & Maintenance Manager be requested to arrange for the foliage to be trimmed at the intersection of Old Bathurst Road/Gosling Street, Emu Heights to improve sight distance.

4. The resident be advised of Council’s submission to the Roads and Traffic Authority for Blackspot funding for Old Bathurst Road, and of the Committee’s recommendation.

9 Laycock Street, Cranebrook - Request for Provision of Pedestrian Crossing Facility

RECOMMENDED

That:

1. The information contained in the report on Laycock Street, Cranebrook - Request for Provision of Pedestrian Crossing Facility be received.

2. A pedestrian refuge island be installed in Laycock Street, between Waterfall Crescent and Borrowdale Road, following endorsement of a detailed design of the facility by the Local Traffic Committee.

3. Councillor David Bradbury and Karyn Paluzzano MP be advised.

10 Trinity Drive/Lewis Road, Cambridge Gardens - Request for Provision of Traffic Calming Devices

RECOMMENDED

That:

1. The information contained in the report on Trinity Drive/Lewis Road, Cambridge Gardens - Request for Provision of Traffic Calming Devices be received.

2. A ‘Give Way’ sign with associated holding line be installed in Lewis Road at Trinity Drive, Cambridge Gardens.

3. The resident at 84 Trinity Drive be consulted with regard to the installation of BB lines and loss of parking in front of their property, and any substantial objections be referred back to the Local Traffic Committee.

4. The resident be advised.

11 Head of the River - Wednesday, 19 March 2008

RECOMMENDED

That:

1. The information contained in the report on Head of the River - Wednesday, 19 March 2008 be received.

2. The Transport Management Plan for the event be endorsed by the Local Traffic Committee.

3. SIRC submit a Transport Management Plan for the event to the Roads and Traffic Authority for approval prior to the event.

4. The applicant be advised.

12 Swallow Drive, Erskine Park - Proposed Pedestrian Crossing Improvements

RECOMMENDED

That:

1. The information contained in the report on Swallow Drive, Erskine Park - Proposed Pedestrian Crossing Improvements be received.

2. Affected residents at house numbers 76, 83 and 87 Swallow Drive, Erskine Park be consulted and any substantial objections referred back to the Local Traffic Committee prior to construction.

3. The design plans for a raised marked Children’s Crossing in Swallow Drive, Erskine Park, including associated linemarking and signage (Plan No. AS222), be finalised and endorsed for construction.

4. The facility be constructed under Council’s 2007/2008 Traffic Facilities Programme.

5. Councillor Greg Davies and Mr Tim McCallum, Principal of Erskine Park High School, be advised.

13 Warwick Street, Penrith - Sight Distance & Speeding Vehicles

RECOMMENDED

That:

1. The information contained in the report on Warwick Street, Penrith - Sight Distance & Speeding Vehicles be received.

2. ‘No Stopping’ signs be installed 15m west and 10m east of Warwick Street on Jamison Road, and adjoining ‘No Stopping’ signs on Warwick Street to finish the ‘No Stopping’ lengths 10m north of Jamison Road.

3. A ‘Watch for Entering Traffic’ (W5-26) sign be provided on Jamison Road, approximately 80m west of its intersection with Warwick Street.

4. Councillor Garry Rumble and the resident be advised of the Committee’s recommendation.

14 Mullins Road, Penrith - Relocation of ‘No Stopping’ Signage

RECOMMENDED

That:

1. The information contained in the report on Mullins Road, Penrith - Relocation of ‘No Stopping’ Signage be received.

2. The existing ‘No Stopping’ sign adjacent to the Heartland Holden Driveway be relocated a further 10m west of its current location.

3. Heartland Holden be advised of the Committee’s recommendation.

15 Bakers Lane, Kemps Creek - Extension to Existing ‘Bus Zone’

RECOMMENDED

That:

1. The information contained in the report on Bakers Lane, Kemps Creek - Extension to Existing ‘Bus Zone’ be received.

2. The road pavement be widened from existing edge of seal to the property boundary east of the parents’ carpark driveway for a total length of 30m.

3. Part-time ‘Bus Zone’ signs be installed across the 30m ‘Bus Zone’, and the part-time ‘No Stopping’ signs be installed from the end of the part-time ‘Bus Zone’ to 20m west of the parents’ carpark driveway. These part-time signs are to be in accordance with School Zone times of 8:00am-9:30am and 2:30pm-4:00pm.

4. Edge lines be installed to delineate the edge of seal of the ‘Bus Zone’ for bus drivers.

5. Mamre Christian College and the resident be advised of the Committee’s recommendation.

GENERAL BUSINESS

GB 1 Penrith City Festival on Saturday, 15 March 2008 – Changes to Traffic Management Plan

Council’s Senior Traffic Engineer advised the Committee of amendments to the Traffic Management Plan (TMP) submitted to the Roads and Traffic Authority for the Penrith City Festival to be held on Saturday, 15 March 2008. The amendments are as follows:

1) Change festival operating time from 10.00am-4.00pm to 9.30am-3.30pm.

2) Parade will now finish in Tindale Street. This matter was discussed with Police at a meeting on 22 January 2008.

The reasons for applying for the amendments include:

(a) Parade vehicles exiting via Castlereagh Street will create less disruption to general traffic flow than exiting via the roundabout at Derby Street

(b) the change will allow general public egress from Judges Place Carpark throughout the whole day

(c) terminating the parade in Tindale Street will provide a long straight street for vehicles to stop and allow people to safely disembark if necessary

(d) older vehicles such as the vintage fire engines will not have to negotiate two roundabouts (Judges Place and Derby Street intersections)

(e) Tindale Street was closed to general traffic for the duration of the Parade in 2007. The RSL was given adequate notice to advise its patrons to access the Club via its Lethbridge Street entry.

RECOMMENDED

That the Committee note the proposed changes to the Traffic Management Plan submitted to the Roads and Traffic Authority for the Penrith City Festival to be held on Saturday, 15 March 2008.

There being no further business the Chairperson declared the meeting closed, the time being 10:45am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 February, 2008 be adopted.

*Ordinary Meeting*	*25 February 2008*
*The City as a Social Place*

The City as a Social Place

Development Application 07/0494 Land Fill and Torrens Title Subdivision of Lot 1 into 5 lots and Construction of associated civil works. Lot 3, DP 1104194 (No 1070-1274) The Northern Road, Llandilo ( ADI Site Penrith) Applicant: Lend Lease Development Pty Ltd; Owner: St Marys Land Ltd

DA07/0494

Compiled by: Deepa Randhawa, Environmental Planner

Authorised by: Paul Lemm, Development Services Manager

Requested By: Councillor Kevin Crameri OAM

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

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

Purpose:

The purpose of this report is for Council to consider a development application for landfill, subdivision associated drainage and road works, which represents both 'integrated' and 'designated' development for the purposes of the Environmental Planning and Assessment Act 1979. The report recommends that the application be approved.

Introduction

The development application from Lend Lease Development Pty Ltd proposes filling, compaction and subdivision of land to facilitate future development of “Employment” lands in the South Dunheved Precinct of the St Marys Release Area.

Background

The NSW Government endorsed the site at St Marys for inclusion on the Urban Development Program (UDP) in 1993. The site is presently owned by St Marys Land Limited and is being developed by Maryland Development Company. The overall site, which has been rezoned for a variety of uses, comprises six “precincts”, namely the Western Precinct, Central Precinct, North and South Dunheved Precincts, Ropes Creek Precinct and Eastern Precinct.

Lend Lease Development Pty Ltd as agent for Maryland Development Company Pty Ltd seeks approval for filling and compaction of land in the Dunheved Precinct. The Local Government Area boundary between Penrith and Blacktown Council areas traverses the middle of the Dunheved Precinct creating the North and South Dunheved Precincts. The Dunheved Precinct has a total area of 30.3 hectares, which technically comprises a North Dunheved Precinct (18.4 ha) within the jurisdiction of Blacktown City Council and a South Dunheved Precinct (11.9 ha) within the jurisdiction of Penrith City Council.

The proposed works are within both the North Dunheved Precinct and the South Dunheved Precinct. This application before Council is restricted to the works proposed within the South Dunheved Precinct.

The Site and Surrounds

The existing Dunheved Industrial Estate and St. Marys sewage treatment plant bound the Dunheved Precinct to the south and east. The future regional park also adjoins to the east, north and west. The site is undeveloped with patches of native woodland but for the most part the site comprises exotic grassland. The site has an area of approximately 11.9hectares. The land slopes gently northwards between RL 22m and RL 19m AHD.

The Dunheved Precinct lies between South Creek and Ropes Creek, and the site is at risk of flooding from both watercourses. South Creek runs along the western boundary and Ropes Creek runs close to the eastern boundary of the Dunheved Precincts. A significant proportion of the Dunheved Precincts are located below the 100 year Average Recurrence Interval (ARI) flood level and hence filling on the flood plain is required to permit future development.

The northern section of the site drains to the northeast into a tributary of Ropes Creek. The southern section of the site drains into a north-west flowing tributary of South Creek. A small tributary of South Creek runs through the southern portion of the site, which drains not only surface water but also part of the existing Dunheved Industrial Estate.

Three endangered ecological communities including River-flat Eucalypt Forest, Shale-gravel Transition Forest and Cumberland Plain Woodland are identified to occur within the site. Two threatened plant species, Pultenaea parviflora and Grevillea juniperina exist on-site. A regionally significant flora species, Blue Box (Eucalyptus baueriana) is also present in the northern precinct, not affected by this application.

There are two sites identified in the Sydney Regional Environmental Plan (SREP) 30 as being items of heritage significance, in the immediate vicinity of the subject site are:

· King family Dunheved Homestead Site

· Group of trees across South Creek

The Dunheved Precinct has been identified as Bushfire Prone Land due to its proximity to bushland in the adjacent Regional Park. A Sydney Water easement runs parallel to Links Road, St Marys. This easement comprises a 900mm large diameter sewer pipe.

The Proposal

The proposed development as described by the applicant will comprise the following main elements:

Importation and compaction of fill

The works include:

· Tree removal over majority of the development site

· Utilising approximately 470,000m³ of clean inert fill to raise the existing ground levels, comprising up to 300,000m³ of clean inert fill and 50,000m³ of crushed brick and concrete from existing stockpiles located elsewhere in the St Marys Development site, with the remaining quantum fill being Virgin Extracted Natural Material (VENM), which will be sourced from outside the St Marys development site; and;

· Levelling and compaction of this fill over the site to raise ground levels above the 1 in 100 year flood level.

Construction of associated stormwater engineering works

This work includes:

· Construction of associated stormwater engineering works

· The excavation and construction of 4 stormwater detention basins that drain to adjacent creeks, including South Creek;

· The construction of interconnecting stormwater pipes and pits;

· Landscaping of detention basin areas; and

· Rehabilitation of a small tributary through the site.

Construction of Roads

This work includes:

· The construction of a collector road (Road 1) through the Dunheved Precinct, which connects to Links Road to the south of the site and to the east-west access road (to be upgraded through separate DA’s) to the north of the site;

· The construction of local roads (Roads 2-5), branching off from the collector road;

· The provision of a cycleway along Road 1 connecting to Links Road;

· Provision of services infrastructure within the road reserves; and

· Landscaping of road reserves, including the provision of street trees.

Flood mitigation works

This work includes:

· Excavation of the approach embankment to the Old Munitions Bridge within the Regional Park land for flood mitigation purposes.

Environmental management works

This work includes:

· The rehabilitation of adjoining riparian corridors, including weed removal revegetation and realignment of the riparian corridor

Subdivision

This proposed subdivision is for the dedication of a road reserve and the creation of 5 'super' allotments as follows:

No	Use	Area (ha)
No.11	Future Employment	5.556
No.12	Future Employment	3.140
No.13	Retail uses/outdoor eating	0.186
No.14	Drainage Reserve	0.964
No.15	Drainage Reserve	0.497

Attached to this report is an outline of the extent of works associated with the proposal (Attachment No. 1).

An Environmental Impact Statement (EIS) including environmental impact and assessment reports prepared in accordance with the requirements provided by the Department of Planning has been submitted by the applicant.( refer Appendix No 4)

Planning Assessment

The proposed development has been assessed in accordance with following legislation and environmental planning instruments applicable to the site:

· Environmental Planning and Assessment Act 1979 (The Act)

· Threatened Species Conservation Act (TSC ACT )

· National Parks and Wildlife Act 1979

· State Environmental Planning Policy No. 55 (SEPP 55) – Remediation of Land

· Sydney Regional Environmental Plan No. 20 (SREP 20) – Hawkesbury –Nepean River

· Sydney Regional Environmental Plan No. 30 (SREP 30) – St Marys

· Penrith Local Environmental Plan (LEP) 1996 (Industrial Land)

· Penrith Environmental Plan 1991 (Environmental Heritage Conservation)

· St Marys Environmental Planning Strategy 2000 ( EPS 2000)

· St Marys Development Agreement 2002 (DA)

The Threatened Species Conservation Act 1995 (TSC ACT)

The provisions of the Threatened Species Act 1995 are applicable to the site as threatened species, communities and habitats protected under the Threatened Species Act are within the site.

A Flora and Fauna Impact Assessment prepared by Cumberland Ecology was submitted with the EIS. The assessment refers to ecological communities and threatened and significant species known to occur or potentially occur on the site. In accordance with provisions of The Act a seven-part test was undertaken for these flora and fauna species. The study indicates that the subject site provides degraded woodland/forest, wetland and exotic grasslands. Soil remediation and other disturbances have resulted in limited habitat for flora and fauna. Notwithstanding this, hardy native species and a small number of threatened flora and fauna were found on site.

The assessment concludes that the proposed landfill and associated works are unlikely to have a significant impact on existing fauna and flora species and ecological communities.

This is discussed in detail later in the report in Section 79(C)(1)(b) “The likely impacts of the Development”.

National Parks and Wildlife Act 1979

Under Clause 44 of Sydney Regional Environmental Plan No. 30 (SREP No. 30) – St Marys, the consent authority must not grant development consent for the development of land adjoining land within the Regional Park zone unless it is referred to the Director General of National Parks and Wildlife.

National Parks and Wildlife Service (NPWS) reside as a branch of the Department of Environment and Climate Change (DECC), and were supplied with a copy of the proposal and Flora and Fauna Impact Assessment.

The Department has raised no major objections to the proposal, however has requested Council to consider including conditions to address the following matters:

· “An examination of the area subject to removal of the embankment for the presence of relics;

· Accurate recording of the of the size, shape and configuration of the original embankment;

· Following the removal of the embankment the stability of the remaining material and its suitability for revegetation using the Cumberland Plain flora species should be confirmed.”

These concerns have been addressed by recommended Standard Condition No 2.8 and Special Conditions No 2.49, 2.58 and 2.59.

Environmental Planning and Assessment Act 1979 (The Act)

The application has been assessed as “Designated Development” pursuant to Schedule 3 of the Environmental Planning and Assessment Regulations, 2000 as a ‘waste management facility or work’ as it comprises more than 100,000 tonnes of “clean fill” in a manner that is likely to cause significant impacts on drainage or flooding.

Development classed as 'designated' requires particular scrutiny because of its nature or potential environmental impacts. Designated development includes development with a high potential for adverse impacts due to scale, nature or their location near sensitive environmental areas, such as wetlands. Designated development applications require:

· The applicants to submit an environmental impact statement (EIS) with the development application. The EIS is to provide a comprehensive assessment of the impacts of the proposal

· The application to be advertised for 30 days so that the public can comment

· If someone objects to the proposal in writing, and the application is approved, that person can appeal against the decision to the Land and Environment Court as a third party.

Accordingly an Environmental Impact Statement (EIS) including environmental impact and assessment reports prepared in accordance with the requirements provided by the Department of Planning (refer Appendix No 4) was submitted by the applicant.

The application was notified to nearby and adjoining residents and advertised in the local newspapers from 15^th May 2007 to 14^th June 2007.

The application has been assessed as “Integrated Development. Integrated development is development where the consent authority must, in accordance with the regulations, obtain the general terms of approval proposed to be granted from each relevant approval body, before it can grant consent to the development. The relevant approval bodies and the related regulations for the proposed works are as follows:

- The National Parks and Wildlife Act 1974, under Section 90, requires consent to destroy, deface or damage or knowingly cause or permit the destruction or defacement of or damage to, a relic or Aboriginal place. The consent authority in this case is the Department of Environment and Climate Change.

- The Rural Fires Act 1997, under Section 100B, authorisation is required in respect of bush fire safety of subdivision of land or development of land for special fire protection purposes. The approval body is the Rural Fire Service.

- The Rivers and Foreshores Protection Act 1948, for works within 40m of any watercourse on or near the site, must obtain a Part 3A Permit from the Department of Water and Energy.

The General Terms of Approval (GTA’s) for the application have been received from the Department of Water and Energy, Department of Environment and Climate Change, the Rural Fire Service. (Refer Appendix 3).

The proposed development has also been assessed pursuant to Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following issues have been identified for discussion.

Section 79C(1)(a)(i) - The Provisions of any Environmental Planning Instrument

Sydney Regional Environmental Plan No. 30 (SREP30) – St Marys

The proposed works fall under the South Dunheved Precincts is zoned 'Employment Zone' under SREP 30. In accordance with Clause 39(2) of SREP 30 the proposed filling, subdivision and associated works are permissible with development consent.

The objectives of the Employment Zone are:

· To provide land for employment-generating land uses in locations which are compatible with surrounding development and which are accessible from within and outside the land to which this plan applies, and

· To provide for a wide range of employment development on land which will complement established employment areas and retail and commercial centres in the Blacktown City and Penrith City local government areas, and

· To accommodate uses which generate business activity and employment opportunities in the Blacktown City and Penrith City local government areas, and

· To ensure that development adjacent to the Regional Park zone does not have a negative impact on the biodiversity or conservation values of land within that zone.

The filling of land in the Dunheved Employment Precinct is required to raise the land currently below the 100-year flood levels to facilitate future employment generating development. The proposed landfill and associated road and drainage works are required to make the land useable from an urban land use perspective and to support future development in accordance with the objectives of SREP 30 and the Dunheved Precinct Plan (DPP).

The proposal is considered to be consistent with the objectives of SREP 30.

The proposed embankment removal works are to be undertaken within the Regional Park land to the west of the North and South Dunheved Precinct areas. This area is zoned 'Regional Park' pursuant to SREP 30.

The objectives of this zone are:

· to identify land that is to be or is reserved or dedicated under the National Park and Wildlife Act 1974, and

· to conserve and enhance the range and variety of ecological communities, native flora and fauna species and plant and animal habitats within the area, and

· with regard to the views of local Aboriginal communities, to conserve the Aboriginal values of the area to ensure they are available for interpretation to future generations, and

· to provide recreational facilities that are consistent with the natural and cultural values of the land to which this plan applies."

The proposed embankment removal works within the Regional Park are required to mitigate the impact of likely flooding in the North and South Dunheved Precincts and areas upstream and downstream of the precincts. It is considered that the mitigating measure will not compromise the above objectives of the Regional Park zone.

The key considerations relating to the proposed works under the Sydney Regional Environmental Plan 30 are summarised as follows:

Part 5 – Performance Objectives

This part outlines the desired environmental, social and economic outcomes for the development of all land identified within SREP 30. The applicant has submitted a detailed assessment of the proposal against the principles ecological sustainable development, which includes an air quality assessment report, a flood impact assessment report, a soil and groundwater investigation report, a flora and fauna assessment and a geotechnical assessment report. These reports recommend appropriate mitigation and monitoring measures to ameliorate any impacts of the development. The proposed development generally meets these performance objectives.

Part 7 — Development Controls

Clause 44 requires that Council must not grant development consent for development of land within the Regional Park zone unless it has referred a copy of the development application to the Director - General of National Parks and Wildlife. This referral was sent and the Department of Environment and Conservation has, in general, no major objections to the proposal. It has provided general terms of approval, which will be included in the development consent if granted.

Clause 50(1) prohibits filling of land that is below the level of the Probable Maximum Flood (PMF). However in accordance with Clause 50(2) Council may grant consent to the filling of land identified on the Structure Plan of SREP30 as “potential fill area” where it is satisfied that the proposed development will not be inconsistent with the performance objectives of this plan.

The North and South Dunheved Precincts are identified under SREP 30 Structure Plan as being potential fill areas. The proposed development generally meets the development control objectives as discussed later in the report under the section Flooding Impacts.

Clause 51 requires detailed soil assessment to be considered prior to granting any development consent. The applicant has submitted a Soil and Groundwater Investigation report prepared by Environmental Investigation Services. This report includes a detailed soil assessment and a range of recommendations to ensure that the proposed development does not detrimentally impact upon saline and highly erodible soils. The recommended mitigating measures are recommended as condition of consent. (Refer recommended Condition No. 2.1). This consideration is also addressed under the Planning Assessment heading SEPP 55.

Clause 52 requires that consent must be obtained where the proposed development requires removal or lopping of tree. The proposal includes removal of a large number of trees on-site including tree communities within the site that are generally considered to be of a degraded state. Council Environmental Officers have assessed the application and the removal of existing vegetation from the land and considers that there is ample compensation within the adjoining Regional Park. Notwithstanding this, it has been recommended that a condition requiring a replacement regime of for all the trees being removed. (See recommended Special Condition No. 2.49).

Clause 54 states that consent must not be granted for development of, or in the vicinity of, an item of environmental heritage unless the consent authority has made an assessment of the effect the that development will have on the heritage significance of the item and its setting.

The applicant has submitted a Statement of Heritage Impact, which identifies Dunheved Homestead Site to the west of the site. Details of this site have been provided under the heading ‘Site Context’ in a previous section of this report. This site no longer contains any structures associated with the homestead, however, the area of the former homestead and its curtilage is considered to contain archaeological remains. The proposal requires removal of a large tree thought to be planted in association with the homestead. The Department of Environment and Climate Change has recommended to include a condition of the consent that requires an approval in accordance with the National Parks and Wildlife Act 1974 be obtained (see Appendix No.3 The Department of Environment and Climate Change General Terms of Approval Condition No. 2).

The applicant has consulted with Deerubbin Local Aboriginal Land Council, Darug Tribal Aboriginal Corporation, Darug Aboriginal Cultural Heritage Assessments and Darug Custodian Aboriginal Corporation prior to the lodgement of the application. They have submitted documentation with the application which demonstrates that these bodies have no objection to the proposed development on the grounds of Aboriginal Cultural Heritage, subject to appropriately qualified representatives being present on site to undertake assessment prior to, and monitor, works. These requirements are incorporated into recommended Standard Condition No.2.8.

Based on the above assessment it is considered that the proposal is consistent with the requirements of SREP 30 (Refer Department of Environment and Climate Change’s General Terms of Approval at Appendix No. 3).

State Environmental Planning Policy No. 55 (SEPP55) - Remediation of Land

The objectives of SEPP 55 are:

· To provide for a state wide planning approach to the remediation of contaminated land

· To promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment

Pursuant to the above SEPP, Council must consider:

· Whether the land is contaminated

· If the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the proposed use

The site has been the subject of extensive investigations into past landuse activities and to the extent and nature of sources of contamination. The landowner commenced remediation activities in 1993 and these continued until 1997. The remediation works undertaken on the site were the subject of an independent audit commissioned by the Department of Infrastructure Planning and Natural Resources at the time, now known as the Department of Environment and Climate Change.

The audit occurred between February 1997 and June 1999 and was conducted by an independent auditor accredited under the Contaminated Lands Management Act. The audit concluded that the majority of the site was suitable for any form of development including residential.

Council’s Senior Environment Officer is satisfied that the land will be suitable for the proposed development based on the audit and subject to recommended standard Condition No.2.30 which requires certification of fill material.

The objectives of SEPP55 are considered to be satisfied.

Sydney Regional Environmental Plan No. 20 (SREP 20) – Hawkesbury-Nepean River

The provisions of SREP 20 applies to the subject site as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 provides an overall direction for the protection of the environment of the river. Land filling has the potential to impact on the water quality of the river in regards to runoff and drainage.

To mitigate potential future runoff problems, sediment and soil erosion controls will be required as conditions of consent and the filled areas will be suitably stabilised with grass cover. With appropriate conditions it is not considered that the introduction of the fill will compromise the considerations, policies and strategies of SREP 20. A number of Standard and Special Conditions are recommended to address potential water quality issues (See Standard Conditions Nos. 2.7 & 2.9 and Special Conditions Nos. 2.51 & 2.57).

The intent of SREP 20 is considered to be satisfied.

Penrith Local Environmental Plan 1996 - Industrial Land (LEP-1996)

The Links Road reservation is Zoned 4(a) General Industry under Penrith LEP 1996 (Industrial Lands). The landfill, proposed road and intersection construction works are permissible with consent within this zone. Clauses 10 – Environmental Considerations, 11 – Drainage, 13 – Tree Preservation and 14 – Subdivision of Land are relevant to the application. The requirements of these clauses overlap with those under SREP 30, St Marys Environmental Planning Strategy 2000 (EPS) and Dunheved Precinct Plan and assessment of these issues is discussed under those headings. In this regard SREP 30 is the prevailing instrument for these considerations in the event of any inconsistency.

Section 79C(1)(a)(iii) - The Provisions of any Development Control Plan

St Marys Environmental Planning Strategy 2000 (EPS) and Dunheved Precinct Plan

St Marys Environmental Planning Strategy 2000 provides a framework for the sustainable development and management of the land covered under SREP No. 30 – St Marys.

The EPS promotes the conservation of site’s flora and fauna; conservation of the cultural heritage and the vision for the management of the cultural heritage of the site; water quality and soils a transportation system around the site including local access functions and contamination management of the site.

The applicant has submitted an assessment of the proposal against the principles ecological sustainable development, which includes recommendations to minimise adverse impacts resulting from the development in accordance with requirements of the EPS. On balance, the proposal is considered to be consistent with the EPS for reasons outlined in later sections of this report.

The North and South Dunheved Precincts Plan

The Dunheved Precincts Plan (DPP) establishes the development principles and control for future development of the North and South Dunheved Precincts.

The key physical site characteristics and an assessment of the proposal against the relevant development controls are provided below:

*Issue*	*Compliance*
Subdivision layout	The subdivision layout plan complies with the objectives to provide appropriate interface between the subdivided lots and the regional park. The subdivision pattern allows for the natural drainage lines and takes into consideration the two local government area boundaries to ensure efficient utilisation of the development site.
Bushfire Asset	The extent and location of Asset Protection Zones have been considered by NSW Rural Fire Service. General terms of approval have been provided by the Rural Fire Service (See Appendix No. 3) which require that an Asset Protection Zone be maintained as an Inner Protection Area at a distance of 20m from the North, West and North-West boundaries as identified in the submitted Bushfire Assessment Report, the bulk of which is located within the Blacktown LGA site.
Riparian and Drainage Corridors and Detention Basins	The Stormwater Quality and Soil and Water Management Report prepared by SKM and the Stormwater Management Strategy prepared by Parsons Brinkerhoff have been submitted. Council’s Engineers have reviewed the proposal and advised that the proposal is satisfactory subject to Special Condition Nos. 2.47, 2.50, 2.51, 2.52 & 2.55.
Street Network	The proposed road design generally conforms to the indicative location of the collector road and loop road depicted in the Dunheved Precinct Plan. Council’s Development Engineer has raised no objections to the proposed road network subject to Special Conditions Nos.2.58 & 2.59.
Pedestrian and Cycle Network	The development application includes provision for a cycleway along Road 1 (Collector Road) connecting to Links Road. The width of the verge is recommended to be 5m, which is addressed in the report under Traffic Impacts.
Landscaping	A Landscape and Urban Design Strategy has been prepared by Environmental Partnership. Special Condition No. 2.49 requires a new Landscape Plan to address public domain issues.
Aboriginal and European Heritage	The proposal has been reviewed by Deerubbin Local Aboriginal Land Council, Darug Tribal Aboriginal Corporation, Darug Aboriginal Cultural Heritage Assessments, Darug Custodian Aboriginal Corporation and DECC who have raised no objection on Aboriginal Cultural or European Heritage grounds subject to recommended conditions which have been incorporated as addressed under the heading SREP30.
Water Cycle Management	A Stormwater Quality and Soil and Water Management Report prepared by SKM has been submitted. Council’s Engineers has reviewed the proposal and advised that the proposal is satisfactory subject to Special Condition No. 2.57.
Flood Management	Complies. This issue is addressed under Section 79(C)(1)(b) - Flooding Impacts in the following section of this report.
Soils Management	Erosion and control measures will be implemented during the filling and construction works for the development. These details are considered to be satisfactory.
Salinity	The Soil and Groundwater Investigation Report provides a soil analysis of the site with regard to the issue of salinity. The report provides a range of salinity and soil management measures to be implemented at each stage of carrying out of the development. These measures are recommended to be included as conditions of consent (See Special Condition No. 2.57).
Tree Retention	The Tree Retention Plan has been submitted. The trees to be retained are located outside the areas subject to fill or excavation works for the removal of the embankment.
Air Quality	An Air Quality Impact Assessment Report prepared by SKM was submitted with the EIS. This report demonstrates compliance with key objectives to maintain air quality.

Section 79C (1)(b) - The Likely Impacts of the Development

Flooding Impacts

This work includes proportionately utilising approximately 470,000m3 of clean inert fill, brick/concrete materials, VENM and levelling and compaction of this fill over the site to raise ground levels above the 100 year Average Recurrence Interval (ARI) flood level.

Design and Technical Manager Comments

A Flood Impact Assessment report prepared Sinclair Knight Merz (SKM) has been submitted. The report undertakes a detailed assessment on the peak flood levels as a result of the filling works for the site. This assessment includes consideration of staged filling of the development, including filling of the Central Precinct. The first stage is the filling of the South Dunheved precinct area and the second stage is filling of the North Dunheved precinct area including the removal of part of the Old Munitions Road Bridge Embankment.

The report concludes that the proposed filling of the Dunheved Precincts generally results in a small increase in the 100 year ARI and Probable Maximum Flood (PMF) peak flood levels.

For the South and North Dunheved Precincts, the proposed fill has been modelled with and without the removal of part of the Old Munitions Road Bridge Embankment. With the removal of part of the Old Munitions Road Bridge embankment, there is minimal increase in flood level of 12mm upstream of the site and 2mm downstream at the site boundary. These increases are well within the respective increases of 37mm upstream and 11mm down stream contained in the adopted Dunheved Precinct Plan.

It should be noted that in the Flood Impact Assessment submitted with the EIS the flood modelling methodology used has been accepted by both Penrith City Council and Blacktown City Council through the adoption of the Dunheved Precinct Plan. The modelling undertaken indicates that the filling would result in only marginal increases in flooding conditions. The acceptance of this flood modelling and the adoption of the Dunheved Precinct Plan was adopted by Council followed by a detailed assessment process including an independent review of the flood modelling report.

As a result of this analysis, no objections are raised to the proposal.

Stormwater Impacts

Design and Technical Manager Comments

The stormwater impacts and the water quality objectives outlined in the report have been reviewed and will require a concept design for stormwater quality and detention facilities for each proposed lot to be submitted to Council to ensure that the stormwater is able to be discharged to Council’s stormwater system. This is recommended as a condition of consent. (Refer Special Condition No. 2.55).

The proposal will modify to a certain extent the runoff drainage pattern across the site. This has the potential to impact downstream water quality and marginally increase flooding impacts to upstream and downstream environments.

To mitigate these impacts a storm water management system is proposed to accommodate the storm water flows resulting from the proposed development and a total water cycle management system is also been proposed to protect the water quality of the receiving waters.

A Stormwater System Maintenance Plan has also been submitted with the application. The Maintenance Plan outlines inspection, operation and maintenance procedures for gross pollutant traps (GPTs) and drainage basins.

Impact on Soil and Groundwater

A Soil and Groundwater Assessment report has been submitted with the application. The report includes results of soil and groundwater investigations undertaken over the site and provides an assessment the impacts associated with the proposed fill over the site. The proposed removal of vegetation and stripping of the topsoils over the site will impact upon the site's existing soil environment. These works will result in an increase in erosion potential across the site and may impact upon the surrounding creeks.

The above report recommends that a number of measures be undertaken to mitigate any impacts associated with the proposed filling works. The recommendations are included as condition of consent (See Special Condition No. 2.57).

Impact on Endangered Ecologically Communities

A flora and fauna report has been submitted with the application, which provides assessments of significance for the three endangered ecological communities over the site.

The three endangered ecological communities found on site are the River Flat Eucalypt Forest (REFF), Shale gravel Transition Forest (SGTF) and Cumberland Plain Woodland (CPW). Two threatened plant species, Pultenaea parviflora and Juniper-leaved Grevillea (Grevillea juniperina subsp juniperina), have also been detected in relatively low numbers on site as compared with very large numbers in the Regional Park. The threatened fauna species which have been recorded on nearby lands or may occur on the subject site includes:

· Eastern Bent-wing Bat, Greater Broad-nosed Bat, Eastern Freetail-bat, Large-footed Myotis and Grey-headed Flying-fox

· Speckled Warbler, Diamond Firetail and Black Bittern

· Koala

· Green and Golden Bell Frog

· Cumberland Land Snail

The proposed development will result in removal of the all native vegetation on site and the applicant’s Flora and Fauna Impact Assessment concludes that the proposed land fill and associated works are unlikely to have a significant impact on the existing fauna and flora species or ecological communities.

This report suggests that the proposal is not likely to have a significant impact on the local occurrence of these communities on the basis that:

· These communities generally occur in a degraded state on the subject site usually as patches of indigenous tree cover;

· The patches are relatively small and fragmented, in that they do not connect to other habitat areas

· Much larger and more intact areas of these communities occur in the Regional Park, the habitat of which will be conserved in the longer term

The application was referred to the Department of Environment and Climate Change (DECC) previously known as Department of Environment and Conservation (DEC). The DECC has provided the following comments:-

“The DECC has no major concerns considering the small extend of likely losses, the conditions of the existing vegetation and habitat and the relative conservation of outcomes to be achieved via establishment of the regional park”.

· The DECC notes that there are likely to be some impacts on native species indulging endangered ecological communities and threatened plants

· The DECC has no major concerns considering the small extend of likely losses, the conditions of the existing vegetation and habitat and the relative conservation of outcomes to be achieved via establishment of the regional park

The DECC also notes the proposal includes retention and rehabilitation of the riparian corridor in the south of the Dunheved Precinct. The DECC supports this outcome.

The application was also referred to Council’s Senior Environment Officer, who has provided the following comments:

“Although the proposal will require the removal of vegetation from a large portion of the land, I believe that some of this impact has been compensated with the provisions of adjoining Regional Park. Notwithstanding that I have proposed a condition requiring a replacement regime for all the trees being removed.” (See Special Condition No. 2.54).

Traffic Impacts

Access to the site is proposed via Links Roads from the south through a new collector road running north to south with four local roads leading off this including two cul- de-sacs. (Refer Appendix No. 2). The application does not represent a Schedule 1 or 2 item under State Environmental Planning Policy No.11 – Traffic Generating Development and was not therefore required to be referred to the Roads and Traffic Authority’s Regional or Local Traffic Committees.

Traffic Generation

Design and Technical Manager Comments

Construction Traffic

The development proposes approximately 470,000m³ of fill to be placed on site. Around 300-350,000m³ will be sourced from within the site and transported via internal roads. It will be necessary to import up to 170,000m³ from off the site. The exact source of the fill is not known at this time, however it is likely to be from development sites to the north and east of Dunheved. This would require a total of around 10,000 truck movements to the site.

It is anticipated that the importation of fill will occur over a period of 12 months or more. This would result in around a maximum of 50 truck deliveries per day.

The most likely traffic routes are along major roads and are not considered to have an impact on local roads. The likely traffic routes are set out below:

· M4 Motorway, Mamre Road, Great Western Highway, Glossop Street, Forrester Road (west)

· The Northern Road, M4 motorway, Mamre Road, Great Western Highway, Glossop Street, Forrester Road (south-west)

· M7 motorway, M4 motorway, Roper Road, Great Western Highway, Glossop Street, Forrester Road (south-east)

· M4 motorway, Roper Road, Great Western Highway, Glossop Street, Forrester Road (east)

· M7 motorway (from north-east and east) then either:

o Richmond Road, Rooty Hill Road, Luxford Road, Palmyra Avenue, Forrester Road for incidental loads, or

o M7 motorway, Great Western Highway etc for any excavation project involving more than say 20 loads

· Richmond Road, Stoney Creek Road, Palmyra Avenue, Forrester Road or alternative route nominated by council (from the north).

Ongoing Traffic

A Traffic Management Strategy has been submitted with the application, which assesses the impact of development on the surrounding arterial road network, defines a road hierarchy and assesses appropriate traffic controls at intersections within the site.

Based on peak hour traffic generation of 850 vehicles per hour for the Collector Road and 100 vehicles per hour for Other Roads the desirable road widths to accommodate the predicted traffic volumes are proposed as follows:

Road No	Reservation	Carriageway	Verges	Cycleway
Road 1 (Collector)	25.3	13.5	1 – 3.8	3.5
Roads 2,3 4&5 (Local)	21.1	13.5	3.8	-
Road 2 Ch 420 &690 Ch 690Road Status (Local)	15.3	13.5	1 – 3.8	-

The Traffic Management Report has been assessed and it is recommended that an increased verge width for the cycleway is required resulting in the following road widths:

Road No	Road Reserve Width	Carriageway Width	Verge	Footpath (1.5m wide)	ESA
Road 1 (Collector)	26.3m	6.75m and 6.75m(2)	5.0mwest) 3.8m(east)	West side(1) East Side	1 x 107
Road 2 (Local)	21.1m	13.5m	3.8m	Both sides	1 x 107
Road 4 (Local)	21.1m	13.5m	3.5m	Both sides	1 x 107

⁽¹⁾Footpath on the western side is 3.5m wide cycleway

⁽²⁾Separated travel lanes by a 4m wide median

A condition of consent (Recommended Standard Condition No 2.21) has been imposed to ensure that the road network is constructed in accordance with the recommended road reserve widths.

Intersection analysis

The applicant has also submitted detailed traffic controls and intersection analysis. The proposed capacity for each intersection in the report has been assessed and the following concerns are raised by Council’s Senior Traffic Engineer:

· “The proposed type Channelised Right Turn Treatment (Ausroads 2005) is considered appropriate at the link road/ main feeder road intersection, however it must be designed to accommodate full B- Double swept paths for all movements. A detailed design plan must be submitted to Council with overlaid B- Double swept paths prior to construction of the treatment.”

· “The proposed bus stop on the north eastern main feeder road within the site is to be upgraded to a bus shelter to facilitate passengers waiting for the route services. A monetary contribution would be deemed acceptable and Council would install the Bus Shelter to its specifications.”

These matters are addressed by recommended Special Condition Nos. 2.60 and 2.61.

Section 79C(1)(c) - The Suitability of the Site for the Development

The subject site is located on land within the Dunheved Precinct under SREP 30, which identifies the land as having future potential employment use. The proposed subdivision and filling of land is consistent with the proposed future use of the area.

Section 79C(1)(d) - Any Submissions Made in Relation to the Development

Community Consultation

The proposed development was notified to nearby and adjoining residents, and advertised in the local newspapers, in accordance with Council’s Notification and Advertising Development Control Plan. Two submissions including a petition from the ADI Residents Action Group (ADI RAG) were received objecting to the proposal for the following reasons:

· Importation of a large amount of landfill and loss of valuable floodplain and the undesirable localised flooding effect;

Comment

The relevant performance standard within SREP 30 states that “there is to be only minimal impact upon flood levels upstream or downstream of the land to which this plan applies as a consequence of its development.”

The submitted information from SKM indicates that minimal increase to both upstream and downstream flood levels will be achieved by the development of the Dunheved Precinct if certain flood mitigation measures are implemented. This approach is to raise the level of two bridges which span both Ropes and South Creeks and to remove the approach embankment for the old munitions bridge in order to increase the cross-sectional channel volume for Ropes and South Creeks.

At the request of Council, a review was carried out by Bewsher Consulting “to study and access the technical reliability of the modelling undertaken by SKM.” Bewshers concluded that “the methodology used by SKM to model the proposed fill areas and flood storage areas within the site follows normal and accepted modelling practice. There is documentation available to substantiate much of the methodology and results. We have not found any information which raises significant concerns about the modelling work undertaken by SKM.” This outcome was endorsed by the Department of Natural Resources.

· Removal of valuable flora and fauna from the site;

Comment

Despite the loss of vegetation (approx 3 ha) on the Dunheved Precinct, it is reasonable to conclude that this is more than balanced by the protection of significant areas of endangered woodland within the adjoining Regional Park. It is also reasonable to conclude that although the development of the Dunheved Precinct will result in the removal of scattered woodland, the development will not have a significant effect upon any threatened flora or fauna species.

· The majority of the fill is sourced from stockpiles of brick and concrete which contain asbestos that may end up in the fill at the Dunheved Precinct;

Comment

The means of importing the fill material, including ensuring that the source of fill for the Dunheved Precinct is free from any form of contamination and is validated as safe for filling purposes are conditioned. (See Condition No 2.7 and 2.12)

· Are new roads works being carried out and is there a traffic management plan in place to the transportation of the fill.

Comment

A Traffic Management Strategy has been submitted by the applicant which assesses the impact of development on the surrounding arterial road network, defines a road hierarchy and assesses appropriate traffic controls at intersections within the site. (See recommended Standard Condition No. 2.19).

Section 79C(1)(e) – the Public Interest

The subject site is located on land within the Dunheved Precinct, which identifies the land as having future potential employment use. The proposed subdivision and filling of land is consistent with the proposed future use of the area identified under the Dunheved Precinct Plan as Employment Lands. Construction and mitigation measures are proposed minimise any potential adverse impacts within the site or adjoining lands. The proposed development as recommended to be approved subject to conditions is therefore in the Public Interest.

Conclusion

The proposal has been assessed to consistent with the objectives and provisions of all relevant statutory planning instruments and policies. In particular, the proposal is consistent with the underlying objectives of SREP 30 and the ADI Employment Strategy to facilitate future industrial development for Employment Lands. This will provide for further employment in the City and within this urban release area to achieve local employment targets.

The application represents the commencement of development within the Penrith LGA culminating from a lengthy strategic planning process. The planning strategies have been developed through engagement between Blacktown and Penrith City Councils with both applications being concurrently assessed and reliant on open dialogue between both the two Councils and the applicant.

The application has been subject to the highest order of environmental assessment and accountability which has required the applicant to re-visit flood modelling subject of independent assessment. The proposal has been considered by the Department of Environment and Climatic Change (DECC) and National Parks and Wildlife Service (NPWS) and Rural Fire Service (RFS). These State Agencies concur that provided the development is undertaken in accordance with the Environmental Impact Statement and conditions of consent, that no adverse impacts are likely to occur.

The proposal will employ construction methods to ensure that there will be no adverse impact upon the natural and built environment. A number of management strategies emerging out of the assessment of the flora and fauna, tree retention, bushfire protection, flooding impact assessment and cultural heritage studies have been recommended as conditions of consent to ensure every precaution be taken to safeguard the natural and built environment.

The proposal has been fully assessed against all of the statutory and relevant matters for consideration and is worthy of support subject to the works being limited in accordance with the recommended conditions.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 07/0494 Land Fill and Torrens Title Subdivision of Lot 1 into 5 lots and Construction of associated civil works. Lot 3, DP 1104194 (No 1070-1274) The Northern Road, Llandilo ( ADI Site Penrith) be received

2. DA 07/0494 for Proposed Land Fill and Torrens Title Subdivision of Lot 1 into 5 lots and Construction of associated Civil Works. Part Lot 3, DP 1104194 (No 1070-1274) The Northern Road, Llandilo (ADI Site Penrith approved, subject to the following conditions and the General Terms of Approval from Integrated Approval Bodies (Attachment 3):

Standard Conditions

2.1 A001 - Approved Plans & Documentation

2.2 A005 - Integrated Approval Bodies Consent

2.3 A011 - DCP Construction

2.4 B002 - AS for Demolition

2.5 B003 - Asbestos

2.6 B004 - Dust

2.7 B005 - Mud & Soil

2.8 C003 - Uncovered relics

2.9 D001 - Erosion and sediment

2.10 D002 - Spray grass

2.12 D006 - Fill Material Approval PCC + DECC

2.13 D010 - Disposal of Excavated Waste

2.14 D131 - Approved Noise Levels – SKM report

2.15 G001 - Installation of Services

2.16 H001 - Stamped Plans and Site Notice

2.17 H003 - Traffic management

2.18 H041 - Hours of Work

2.19 I003 - Roads Act Approvals

2.20 I004 - Roads Act engineering

2.21 K001 - Engineering Works DCP – Road design

2.22 K002 - WAE

2.23 K004 - Easement Creation

2.24 K007 - CDL’s & Easements

2.25 K019 - Connection to Council’s system (add P002)

2.26 K021 - 8m splay corners intersection of Links Road and proposed Road 1

2.27 K035 - Street Signs

2.28 K036 - Maintenance Bond

2.29 K037 - Performance Bond

2.30 K038 - Fill on Industrial Sites

2.31 K039 - Road Safety Audit

2.32 K040 - Linemarking & Signposting

2.33 L001 - Landscape Plan reqd by Spec. Cond. No.3

2.34 L002 - Landscape Construction (Cat.3)

2.35 L003 - All Landscape Reports & Final Site Aborist Report

2.36 L005 - Planting of Plant Material

2.37 L010 - Tree Management Plan

2.38 M001 - Prior to Subdivision Work

2.39 M008 - Linen Plan

2.40 M009 - Linen Plan 88b Restriction

2.41 Stormwater On Site Detention

2.42 Water Quality devices

2.43 M014 - Surveyors Certificate

2.44 P001 - Works at applicants cost

2.45 P002 - Council Fees includes Road Opening & Infrastructure Restoration fees

2.46 Q008 – Subdivision Certificate

Special Conditions

2.47 Prior to the issue of an Construction Certificate a Maintenance Manual for the proposed Basin 4 shall be submitted to, and the details approved by Penrith City Council

2.48 All verge areas are to be turfed for the full width from back of kerb to property boundary

2.49 A revised landscape plan for the site is to be submitted to Council for approval prior to works commencing on the landscaping. The landscape plan is not to include any native grasses within the median or verges. Tree species are to be local provenance. Council’s Parks and Reserves Dept is to be contacted regarding appropriate tree species for the trees within the road reserve and Drainage Reserve

2.50 The culvert within the proposed Drainage Reserve as shown on the plans by Parsons Brinkerhoff is not supported and an alternative open channel is to be provided

2.51 Prior to the issue of a Construction Certificate the proposed Gross Pollutant Trap (GPT) type and model to be owned by Council is to be approved by Penrith City Council. The type of GPT is to be a dry vault system. A Maintenance Manual for the proposed GPT is to be provided with the submission for approval of the GPT

2.52 The proposed batter slopes within the Drainage Reserve and Basin 4 are to be a maximum of 1:5 (vertical to horizontal)

2.53 An access ramp is to be provided for maintenance to Basin 4 and the proposed Drainage Reserve. The ramp is to be gated at the road level with the ramp being trafficable by a Heavy Rigid Truck in accordance with AS 2890.2

2.54 The proposed entry statement adjacent to Basin 4 at the intersection of Links Road and proposed Road 1 is not approved

2.55 Concept design for stormwater quality and detention facilities for each proposed lot are to be submitted to Council prior to the issue of the Construction Certificate. The design of the facilities is to ensure that the stormwater is able to be discharged to Council’s stormwater system and that adequate areas are set aside on the lot for the stormwater facilities

2.56 A minimum of 3 native trees/shrubs are to be replanted on site for every healthy native tree/shrub removed for the development. These trees are to be indigenous to the local area and be consistent with the native vegetation located on the site. Details of the proposed plantings and their maintenance are to be prepared to the satisfaction of Council

2.57 The water monitoring requirements outlined in the Soil and Groundwater Investigation report prepared by Environmental Investigation Services is to be undertaken by a suitably qualified and experienced environmental consultant. Reports outlining the water monitoring including scientific information such as results, discussion and recommendations are to be supplied to Council within 90 days from the completion of each monitoring period

2.58 Prior to embankment removal commencing, an accurate record including good quality photos of the size, shape and configuration of the embankment including a reasonable level of survey are to be undertaken and submitted to Council

2.59 Following removal of the embankment the stability of the remaining material and its suitability for revegetation using Cumberland Plain flora species is to be confirmed. If investigations indicate that either the stability or suitability of the soil is questionable, then the applicant is required to take steps to rectify the situation. This may include, but not be limited to, the provision of a suitable soil cap to provide stability and support for future re-vegetation. If capping is required, it should be able to withstand the effects of flows associated with floods, erosion and weathering and there may be a need to plant short term stabilising vegetation, prior to longer term decisions on future revegetation.

2.60 The proposed type Channelised Right Turn Treatment (Ausroads 2005) at the link road/ main feeder road intersection must be designed to accommodate full B- Double swept paths for all movements. A detailed design plan must be submitted to Council with overlaid B- Double swept paths prior to construction of the treatment.

2.61 The proposed bus stop on the north eastern main feeder road within the site is to be upgraded to a bus shelter to facilitate passengers waiting for the route services. A monetary contribution would be deemed acceptable and Council would install the Bus Shelter to its specifications.

ATTACHMENTS/APPENDICES

1. View	Aerial View	1 Page	Appendix
2. View	Locality Plan, Site Plan, Road & Fill Plan & Subdivision Plan	3 Pages	Appendix
3. View	GTAs from NSW RFS, DECC & Dpt of Water & Energy	8 Pages	Appendix
4. View	Department of Planning DGRs	4 Pages	Appendix
5.	Associated works to the proposed development	9 Pages	Attachment

*Ordinary Meeting*	*25 February 2008*
*The City Supported by Infrastructure*

The City Supported by Infrastructure

Penrith Integrated Transport and Land Use Strategy

Compiled by: Walter Sinnadurai, Transportation Planner

Authorised by: Craig Ross, Design and Technical Advice Manager

Strategic Program Term Achievement: An integrated land use and transport plan is being implemented.

Critical Action: Prepare an Integrated Transport and Landuse Plan for the City in conjunction with the relevant government agencies and press for implementation of its recommendations.

Purpose:

To present a draft of the Penrith Integrated Transport and Land Use Strategy (PITLUS) for the Penrith LGA for consideration by Council. The report recommends that the draft PITLUS be placed on public exhibition.

Background

The Sydney Metropolitan Strategy is the guiding document for a range of strategies that will provide direction for future growth within the state. At the local level, Council’s Strategic Plan provides direction for the future of the LGA. Both strategic documents have connections and relationships to each other and to other strategies. Both strategies also reference the development of an Integrated Transport and Land Use Plan (ITLUP) for metropolitan Sydney including the Regional City of Penrith.

The purpose of the Penrith Integrated Transport and Land Use Strategy (PITLUS) is to achieve a more convenient, liveable, accessible and sustainable city for the communities of the Penrith Local Government Area (LGA).

The focus of the project is transport and land use integration, with the term ‘integration’ referring to:

· The co-ordination of transport strategies across the Penrith region (and connections to surrounding regions);

· The harmonisation of land use planning and transport objectives and policies; and

· The synchronisation of transport policies (motorised, non-motorised, pedestrian).

The PITLUS report seeks to identify needs and gaps in access options within Penrith, and will provide background information for representations to the Local Members, Department of Planning (DoP) and the Ministry of Transport (MoT) to improve transport services in the LGA and guide land use planning.

Council has entered into a Memorandum of Understanding with the Department of Planning to ensure the PITLUS is consistent with the State and Regional planning objectives. One of the sub-tasks of this process is to develop an agreed strategy that incorporates an Integrated Transport and Land Use Plan (incorporating agreed residential and employment projections), that provides the context for the further development of the City’s new Local Plan, informs state infrastructure provision plans, and recognises the Regional City status of Penrith.

The strategy will also integrate with the work currently being undertaken by the DoP, including the Regional City Centres Taskforce. This Taskforce has prepared the draft Local Environmental Plans, Development Control Plans and strategy documents for the six regional cities (including Penrith) identified under the Metropolitan Strategy. The findings of the PITLUS will equally inform planning and transport strategies at the more immediate, local level as undertaken by Council, seeking to achieve enhanced integration of these functions.

Penrith’s Sustainability Blueprint for Urban Release Areas June 2005 provides principles that seek to form a cohesive community based on sustainable, safe and satisfying living and working environments. The Blueprint provides for the delivery of key principles and strategies and provides criteria to address such areas as transport and land use.

The relationships of the various State and Council strategies are shown in the attachment.

Current Situation

Focus of PITLUS

Penrith City at Present

Penrith LGA covers an expansive area (405 sq. km) with a sizeable population (178,000 persons) and comprises a broad range of land uses with an extensive, multi-layered transport network. Currently less than 20% of the LGA is considered to be developed land. Under the current zoning, the vast majority (56%) of the LGA is still identified for rural use. Residential land accounts for 15% of land use and parkland a further 15%. There are approximately 1,200km of roads within the City. Journey to work trips represent about 27% of all household trips in the Penrith LGA. 70% of the total workforce trips are car driver trips, while for employment trips 76% are car driver trips. The combination of these factors creates a complex environment for ensuring effective, sustainable City and community building.

The need for transport and land use ‘integration’ has always existed, however this need becomes more critical as a city grows. It becomes more evident then that transport is closely linked to settlement patterns, health, access and the economy. Integrated transport planning therefore acknowledges the connection of transport infrastructure and investment to broader community goals of sustainability, amenity and health.

The PITLUS will provide a framework to plan, facilitate and implement an integrated transport system for Penrith City that is based on the principles of sustainability. There is a need to provide viable, attractive and safe alternatives to different modes of transport (motorised, non-motorised, and pedestrian) as a key to creating a more sustainable community.

The PITLUS will enable Council to make decisions to ensure that transport impacts of developments are positive and integrated with land uses. The aim of the strategy is to:

· Bring together the various existing transport studies and strategies affecting the region into one comprehensive strategy document;

· Engage agencies and others who contribute to the city’s transportation network in the development of the Integrated Transport and Land Use Strategy;

· Investigate factors that encourage or detract from the use of non-car transport modes, in order to establish transport priorities;

· Provide Council with information and facts to support actions to implement and inform infrastructure planning for transport improvements; and

· Outline an implementation strategy for transport improvements, including costing, timing and identify responsibilities.

Progress to Date

Consultation

The development of the PITLUS strategy has involved two workshops with relevant Council staff and another involving 49 local and regional stakeholders. The PITLUS Steering Committee, comprising staff and relevant state agency representatives, has overseen the study process and informed the content of the current draft study. Three Councillors Briefing sessions have also been conducted in the past 12 months.

The crucial elements of the PITLUS report are:

Section 7 - PITLUS Actions

The Action Plan consists of a series of short, medium and long term measures to be implemented by Council - often in partnership with Government agencies, transport operators and other partnerships - to achieve the established goals.

The Action Plan defines the tasks that need to be undertaken. The responsibility for undertaking the tasks is further defined in the implementation plan. The actions encompass a variety of capital projects, revenue spending and initiatives.

Section 8 - Key Performance Indicators

The KPIs and targets can be used to assess whether the strategy is delivering the stated objectives.

It is important that the outcomes of the strategy and the actions implemented are monitored to ensure that the objectives are being fulfilled. The performance measures will record the status quo of the city’s transport infrastructure and services and identify future targets for change.

Section 9 - Implementation Plan

The implementation plan is a working document that can be used to ensure that the recommendations of the strategy are carried out. For each action, information is provided including the action description, type of action, responsibility and stakeholders, the cost implication and the priority and timing.

Draft PITLUS Report Overview

Transport and Land Use Issues for Penrith City

Our residents have a high dependence on the motor vehicle and a corresponding poor usage of public transport. The causes and effects between these two issues are many and complex and will require multiple solutions.

There are significant challenges presented in planning for Penrith City’s future. These challenges include:

· Managing the Regional City role identified for Penrith

· Accommodating the expected expansion of the Penrith CBD and St Marys Town Centre

· Providing for the infill redevelopment of established urban areas.

A significant land use based challenge relates to new urban release areas. The proposed urban release area’s future residential and workforce populations will generate significant demand for all modes of transport in the area. Consideration will need to be given to the location and transport infrastructure requirements for residential areas.

The varied topography of the LGA is a constraint to efficient movement. Watercourses such as the Nepean River and slopes in some areas form natural barriers and restrict development potential and lessen the likelihood of walking and cycling. Moreover, significant portions of land fall within flood prone land and are hence unlikely to be developed.

The solutions to the above issues will include provision of better public transport. This includes transport infrastructure provision and increases in public transport service levels.

The proposal for the Western Fast Rail has potential to provide additional high speed rail services between Penrith and the Sydney CBD and other key regional centres such as Blacktown and Parramatta. The Western line is currently a twin track between St Marys and Penrith and it would require duplication to meet current and expected future demand. This has been identified as amongst the key public transport issues in the PITLUS study. Additionally, the proposed UWS Station is required to fill a gap in the rail line between Kingswood and St Marys Stations. The PITLUS study also proposes investigation of a new station at Oxley Park and consideration of higher housing densities in its vicinity.

Deficiencies in the bus network have also been highlighted, and these issues need to feed into the Ministry of Transport’s Bus Review for the region. The State Government’s proposed two new strategic bus corridors need to be implemented as a priority and reviewed, as neither route provides key linkages to the growth sectors or the Western Sydney Employment Hub.

The PITLUS study acknowledges the recommendation of Council’s previous Penrith Arterial Road Study (PARS), which identified network deficiencies for existing demand and required upgrades for future release areas. The recommendations have not been identified as part of the RTA’s short or long-term capital works programs or implementation strategy.

The PITLUS study has also identified a need for improvements to the cycleway/pedestrian pathway network.

The PITLUS study aims to achieve a minimum 10% reduction in the use of single occupant motor vehicle movements and to achieve an increase in the mode share to public transport.

To make the public transport services more viable and attractive, travel demand management will be required. This includes changes to the parking supply levels and alternate access provision. Changes to land use densities, particularly around transport nodes, will also improve and encourage greater public transport usage.

Council’s employment strategy, resulting in more local jobs, will also influence the need and length of Journey to Work trips. More contained developments, in both established and future urban areas, will lessen the need for trips outside of those areas.

Whilst some of the above “cause and effect” issues have been known to Council for some time, the strategy consolidates these and others into a single document and assigns responsibilities, priorities and timeframes for implementation.

Public Exhibition – Stage 5

It is expected that the Draft PITLUS report will be placed on public exhibition between 3 March and 4 April 2008. The Draft PITLUS report will be made available on Council’s website and will also be placed at the Civic Centre and Queen Street Centre, St Marys for public viewing. The public exhibition will provide an opportunity to inform the wider Penrith community and give them a chance to provide a response by submitting written comments to the study team.

The public exhibition period will be announced through advertisements in local newspapers (Mayoral column).

During the course of the public exhibition period, a second stakeholder meeting will be held at Council’s Civic Centre. The purpose of the meeting is to provide information about the draft PITLUS, and to invite responses from the stakeholders and members.

Conclusion

The PITLUS has identified needs and gaps in access options within Penrith, and will provide background information for representations to Local Members, Department of Planning (DoP), and the Ministry of Transport (MoT) to improve transport services in the LGA and guide land use planning.

The findings of the PITLUS will provide a framework to plan, facilitate and implement an integrated transport system for Penrith City that will provide viable, attractive and safe alternatives to different modes of transport (motorised, non-motorised, and pedestrian) as a key to creating a more sustainable community.

In light of the above, it is recommended that Council resolve to exhibit the draft PITLUS for the period between 3 March and 4 April 2008. This action is the next step in progressing the PITLUS report.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Integrated Transport and Land Use Strategy be received.

2. The Draft Penrith Integrated Transport and Land Use Strategy be placed on public exhibition between 3 March and 4April 2008 at Council’s Civic Centre, Penrith Library and Queen Street Centre, St Marys.

3. The Draft Penrith Integrated Transport and Land Use Strategy be made available on Council’s website and advertised in local newspapers (Mayoral column).

ATTACHMENTS/APPENDICES

1. View

Framework of the State & Local Government Relationships

1 Page

Appendix

*Ordinary Meeting*	*25 February 2008*
*The City Supported by Infrastructure*

The City Supported by Infrastructure

WSROC Joint Asphalt Tender Tender Ref: WR01-07/08

Compiled by: Mal Ackerman, Supply Co-ordinator

Hans Meijer, Asset Systems Engineer

Authorised by: David Burns, Director - City Operations

Strategic Program Term Achievement: An asset management strategy is in operation for civil infrastructure that optimises its use and maintains it to agreed standards fit for its contemporary purpose.

Critical Action: An Asset Management Strategy for civil assets is developed, maintained and implemented.

Purpose:

To establish new 3 year group supply contracts for Asphalt supply and associated services with provision for rise & fall. The report recommends that Council endorse the recommendations contained in this report.

Background

Penrith City Council has operated annual tenders for materials and services as an individual Council for many years. WSROC was advised by several Councils that, following an initial joint tender by SSROC, that there may be benefits to WSROC Councils by running a similar group tender process for Asphalt Products and associated services. A feasibility analysis was conducted by WSROC prior to deciding on a joint venture. With a total spend across WSROC Councils of $52M on Asphalt Products and services, indications were that group savings could be achieved through a joint venture process. Each WSROC Council, following the tender process, would be required to sign individual contracts with the recommended companies.

Existing Supply Agreements for the provision of Asphalt Products and associated services were established in November 2006 and were for a period of 12 months with an option to extend the agreements for a further 12 months.

Provision was made in the contract conditions for Council to exit the agreements without penalty at any time during the term of the extension. Council knew that a WSROC Group Tender for the same products and services was in the process of development and, should the newly tendered rates be determined to be beneficial to Council, the intention was to move over to this new group contract and Council had therefore included the exit clause in the existing tender agreements.

Following a public tender process run by WSROC, a Consultant was appointed (Complete Urban Solutions) during December 2006 to facilitate and manage the group tender project on behalf of all WSROC Councils.

The project was split into 3 stages as follows:

Stage 1A Investigative – Detailed analysis of each Councils’ requirements using existing data as a benchmark

Stage 1B Tender Preparation – Liaise with participating Councils and prepare Tender documents

Stage 2 Tender Evaluation & Recommendation

· Prepare Tender advertisement;

· Evaluate all tenders against evaluation criteria; Prepare detailed analysis of all tender responses; Prepare draft report; Presentation of analysis; Prepare final report and recommendation.

Each participating Council nominated a representative as the focal point for all communication throughout Stage 1A and Stage 1B. The nominated Council representatives for Penrith were: Gowry Gowrythasan (Civil Operations Engineer), Hans Meijer (Assets Systems Engineer) and Mal Ackerman (Supply Coordinator)

A new group tender for the Supply of Asphalt & Associated services for a period of 3 years with provision for rise & fall was first advertised in the Sydney Morning Herald and on the WSROC E tendering web site on Saturday 16 June 2007 and hosted by Baulkham Hills Shire Council.

It was stated in the tender documents that Council may select one or a number of Contractors for each of the contracts specified.

The validity period for tenders expires on 31 March 2008.

Evaluation

The initial evaluation consisted of a detailed analysis and findings conducted by Complete Urban Solutions. The information was presented to all participating Councils in a series of group meetings involving nominated representatives from each Council.

A comprehensive assessment report, along with a tender evaluation risk analysis report, was submitted to all WSROC Councils by Complete Urban Solutions. The tender evaluation panel consisted of technical representatives from each WSROC Council. The role of the tender evaluation panel was to review the summaries prepared by Complete Urban Solutions and determine benefits for the Council they represented on the panel.

This report provides a high level summary of the tender analysis along with the most suitable outcome for Penrith City Council.

The Penrith nominated representatives to assist in the evaluation of tenders were Hans Meijer (Assets Systems Engineer) and Mal Ackerman (Supply Coordinator).

Evaluation Criteria

The Assessment Methodology and Evaluation criteria used to determine the most appropriate Tenderers who have the capability to provide the Materials and Services required by the participating WSROC member Councils under the proposed Contract were documented in a formal ‘Tender Evaluation Plan’. This plan was completed and circulated to participating Councils on 31 July 2007.

The evaluation of tenders was conducted in accordance with the Assessment Methodology of the Tender Evaluation Plan. The Assessment considered each submission using the Assessment Criteria and weightings summarised in the following table.

Evaluation Criteria & Weightings

The following weightings for the Tender Evaluation Criteria were adopted by the WSROC SMG members for the Tender Evaluation:

Assessment Criteria	Key Elements for Consideration in Scoring Assessment Criteria	Weighting
Tender Conformity	· Coverage of tender requirements	Pass/Fail
Proven ability to provide the Goods / Services	· Quality of products / services offered · Ability to supply the products / services · Quality and ability of Sub-Contractors and major Suppliers nominated · Relevant history & achievements for similar arrangements · Methodology proposed to manage the Contract	35%
Business Category	· Company Profile · Financial capability · Insurance details	10%
Management & Administration	· Occupational Health & Safety and Public Liability management (Level of Accreditation, process & performance) · Environmental management (Level of Accreditation, process & performance) · Quality management (Proven product quality, level of accreditation, quality control process) · Reporting Capabilities	20%
Cost Category (Quantitative Analysis)	· Unit prices for the items specified, applied against product use · Additional discounts including rebates · Price structure for all items · Rise and fall provisions	35%

Each submission was assessed against the nominated criteria applying the assigned weightings and the outputs of the Evaluation are included in the Appendices of this Report.

Tenders received

A total of 17 companies Tendered for the separate specified products & services as summarised in the Table below:

	Contracts Tendered
Tendering Company (listed in order of Tender Opening)	Sprayed Bituminous Surfacing - (SBS)	Stabilisation (Cement-itious) - (STC)	Stabilisation (Bituminous) - (STB)	Ex-Bin / Supply & Deliver Asphalt - (XAS&D)	Asphalt Works - (AW)	Road Restoration - (RR)	Profiling - (PR)
Ellis Profiling							ü
Base Course Management							ü
Asphalt Consulting and Testing (t/a Tropic Asphalts)				ü	ü	ü	ü
Kizan (t/a A&J Paving)						ü
Bernipave				ü	ü	ü	ü
Pioneer Road Services	ü			ü	ü	ü
Stabilised Pavements of Australia		ü	ü

# 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

Project	Organisation	Amount
Youth Leadership Seminar - To empower young people and enhance community participation	Twich East (Sudanese) Youth Association for Development	$1,200.00
Youth Camp – To purchase craft materials and provide transport for an Indigenous Young Peoples 3 day Camp	Australian Catholic Ministry	$820.00
Young Women’s Forum – To hold a health education for young women and mums for International Women’s Day	Warehouse Youth Health Centre	$700.00
TOTAL		$2,720.00

*Ordinary Meeting*	*25 February 2008*
*Appendix 1 - Aerial View*

*Ordinary Meeting*	*25 February 2008*
*Appendix 2 - Locality Plan, Site Plan, Road & Fill Plan & Subdivision Plan*

*Ordinary Meeting*	*25 February 2008*
*Appendix 3 - GTAs from NSW RFS, DECC & Dpt of Water & Energy*

*Ordinary Meeting*	*25 February 2008*
*Appendix 4 - Department of Planning DGRs*

*Ordinary Meeting*	*25 February 2008*
*The City in its Environment*

*Ordinary Meeting*	*25 February 2008*
*Appendix 1 - Penrith Floodplain Advisory Committee - Membership Application List*

*Ordinary Meeting*	*25 February 2008*
*The City as an Economy*

*Ordinary Meeting*	*25 February 2008*
*Appendix 1 - Rowing Australia Submission*

*Ordinary Meeting*	*25 February 2008*
*Appendix 1 - Framework of the State & Local Government Relationships*