Agenda of Ordinary Meeting - 13 October 2008

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 29 SEPTEMBER 2008 AT 7:06PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor Greg Davies, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 8 September 2008

357 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 8 September 2008 be confirmed.

DECLARATIONS OF INTEREST

Nil.

Mayoral Minutes

1 Welcome to New Council

358 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Welcome to New Council be received.

MASTER PROGRAM REPORTS

Leadership and Organisation

1 Election of Mayor

359 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1. The information contained in the report on Election of Mayor be received.

2. In the event of more than one Councillor being nominated, the method of election for the office of Mayor be open voting, by way of show of hands.

His Worship the Mayor, Councillor Greg Davies, handed over to the Returning Officer, (General Manager) Mr Alan Stoneham, to conduct the election of the Mayor.

The Returning Officer indicated that he had received two (2) nominations for the position of Mayor and asked whether there were any other nominations. No other nominations were forthcoming.

The Returning Officer stated that the following nominations were in order:

Councillor Jim Aitken OAM was nominated by Councillors Kevin Crameri OAM, Mark Davies and Ross Fowler OAM, and that Councillor Jim Aitken OAM accepted the nomination for position of Mayor.

Councillor Greg Davies was nominated by Councillors Kaylene Allison, Prue Guillaume, Karen McKeown, Kath Presdee and John Thain, and that Councillor Greg Davies accepted the nomination for position of Mayor.

The Returning Officer then conducted the ballot.

Voting for Councillor Jim Aitken OAM – Councillors Kevin Crameri OAM, Ross Fowler OAM, Robert Ardill, Mark Davies, Ben Goldfinch, Tanya Davies, Marko Malkoc and Jim Aitken OAM.

Voting for Councillor Greg Davies – Councillors Jackie Greenow, John Thain, Kath Presdee, Karen McKeown, Prue Guillaume, Kaylene Allison and Greg Davies.

The Returning Officer then declared the voting closed and that the result was as follows:

Councillor Jim Aitken OAM – 8 votes

Councillor Greg Davies – 7 votes.

The Returning Officer declared Councillor Jim Aitken OAM duly elected as Mayor for the 2008/2009 Mayoral Term.

Former Mayor, Councillor Greg Davies, placed the Mayoral Chains on Councillor Jim Aitken OAM and Councillor Jim Aitken OAM took the chair, the time being 7:55 pm.

His Worship the Mayor, Councillor Jim Aitken OAM, thanked his colleagues for their support.

2 Election of Deputy Mayor

360 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

1. The information contained in the report on Election of Deputy Mayor be received.

2. Council elect a Deputy Mayor.

3. In the event of more than one Councillor being nominated, the method of election for the office of Deputy Mayor be open voting, by way of show of hands.

4. In accordance with Section 231 (2) of the Local Government Act 1993, the term of office of the Deputy Mayor for the 2008/2009 period be the same as the term of office of the Mayor (until 28 September 2009).

His Worship the Mayor, Councillor Jim Aitken OAM, handed over to the Returning Officer, (General Manager) Mr Alan Stoneham, to conduct the election of the Deputy Mayor.

The Returning Officer indicated that he had received two (2) nominations for the position of Deputy Mayor and asked whether there were any other nominations. No other nominations were forthcoming.

The Returning Officer stated that the following nominations were in order:

Councillor Ross Fowler OAM was nominated by Councillors Jim Aitken OAM, Kevin Crameri OAM and Mark Davies, and that Councillor Ross Fowler OAM accepted the nomination for position of Deputy Mayor.

Councillor Karen McKeown was nominated by Councillors Kaylene Allison, Greg Davies, Prue Guillaume and Kath Presdee, and that Councillor Karen McKeown accepted the nomination for position of Deputy Mayor.

The Returning Officer then conducted the ballot.

Voting for Councillor Ross Fowler OAM – Councillors Kevin Crameri OAM, Ross Fowler OAM, Robert Ardill, Mark Davies Ben Goldfinch, Tanya Davies, Marko Malkoc and Jim Aitken OAM.

Voting for Councillor Karen McKeown – Councillors Jackie Greenow, John Thain, Kath Presdee, Karen McKeown, Prue Guillaume, Kaylene Allison and Greg Davies.

The Returning Officer then declared the voting closed and that the result was as follows:

Councillor Ross Fowler OAM – 8 votes

Councillor Karen McKeown – 7 votes.

The Returning Officer declared Councillor Ross Fowler OAM duly elected as Deputy Mayor for the same period as the 2008/2009 Mayoral Term.

Councillor Ross Fowler OAM thanked his colleagues for their support.

His Worship the Mayor, Councillor Jim Aitken OAM, thanked the Returning Officer, (General Manager) Alan Stoneham, for the conduct of the election of Mayor and Deputy Mayor.

3 Councillor Fees

361 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that the information contained in the report on Councillor Fees be received.

4 Councillor Representation on Controlled Entities and External Organisations

362 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the information contained in the report on Councillor Representation on Controlled Entities and External Organisations be received, with the amendment that Councillors Karen McKeown and Lexie Cettolin were nominated by Council as alternate delegates to WSROC.

363 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that Council appoint Councillors Karen McKeown, Jackie Greenow, Ross Fowler OAM and Robert Ardill to represent Council as Directors on the Board of Penrith Performing and Visual Arts Limited.

364 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that Council appoint Councillors Greg Davies, Ross Fowler OAM, Marko Malkoc and Ben Goldfinch to represent Council as Directors on The City of Penrith Regional Indoor Aquatic and Recreation Centre Limited.

365 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM that Council appoint Councillors Kevin Crameri OAM, Ross Fowler OAM, Jim Aitken OAM and Kath Presdee to represent Council as Directors on the Board of Penrith Whitewater Stadium Limited.

366 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that Council appoint Councillors Tanya Davies, Kaylene Allison and Ross Fowler OAM to represent Council as Directors on the Board of The Penrith City Children’s Services Co-operative.

367 A MOTION was moved by Councillor Ross Fowler OAM seconded Councillor Mark Davies that Council appoint Councillors Jim Aitken OAM and Kevin Crameri OAM to represent Council on the Hawkesbury River County Council.

An AMENDMENT was moved by Councillors Karen McKeown and John Thain that Council appoint Councillors Jackie Greenow and John Thain to represent Council on the Hawkesbury River County Council.

His Worship the Mayor, Councillor Jim Aitken OAM handed over to the Returning Officer, (General Manager), Mr Alan Stoneham, to conduct a preferential ballot to determine Council’s representation on the Hawkesbury River County Council.

Councillor Jackie Greenow left the meeting, the time being 8:21 pm.

Councillor Jackie Greenow returned to the meeting, the time being 8:22 pm.

The Returning Officer stated that the following nominations were in order:

Councillor Jim Aitken OAM was nominated by Councillor Ross Fowler OAM, and that Councillor Jim Aitken OAM accepted the nomination.

Councillor Kevin Crameri OAM was nominated by Councillor Ross Fowler OAM, and that Councillor Kevin Crameri OAM accepted the nomination.

Councillor Jackie Greenow was nominated by Councillor John Thain, and that Councillor Jackie Greenow accepted the nomination.

Councillor John Thain was nominated by Councillor Greg Davies, and that Councillor John Thain accepted the nomination.

A preferential ballot was then held, and the Returning Officer (General Manager) announced the following first preference:

Councillor Kevin Crameri OAM – 7 votes

Councillor Jackie Greenow – 7 votes

Councillor Jim Aitken OAM – 1 vote

Councillor John Thain – 0 votes.

After distribution, the Returning Officer then declared Councillors Kevin Crameri OAM and Jackie Greenow elected as Council’s representatives on the Hawkesbury River County Council.

368 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee that Council appoint Councillors Jim Aitken OAM and Karen McKeown to represent Council as Directors on the Board of Western Sydney Regional Organisation of Councils Limited (WSROC).

An AMENDMENT was moved by Councillors Mark Davies and Ross Fowler OAM that Council appoint Councillors Jim Aitken OAM and Ross Fowler OAM to represent Council as Directors on the Board of Western Sydney Regional Organisation of Councils Limited and nominate Councillors Ben Goldfinch and Robert Ardill as Alternate Directors to WSROC when the nominated Director(s) cannot attend a meeting of the Board.

On being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED.

A DIVISION was called by Councillors Greg Davies and John Thain, with the following result:

For

Against

Councillor Jim Aitken OAM

Councillor Robert Ardill

Councillor Kevin Crameri OAM

Councillor Mark Davies

Councillor Tanya Davies

Councillor Ross Fowler OAM

Councillor Ben Goldfinch

Councillor Marko Malkoc

Councillor Kaylene Allison

Councillor Greg Davies

Councillor Jackie Greenow

Councillor Prue Guillaume

Councillor Karen Mckeown

Councillor Kath Presdee

Councillor John Thain

369 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Council appoint Councillor Ross Fowler OAM as its representative on the Board of Westpool.

370 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that Council appoint Councillor John Thain to represent Council as a Director on the Board of Penrith Valley Regional Sports Centre Limited.

371 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robert Ardill that Council appoint Councillors Ross Fowler OAM and Jim Aitken OAM to represent Council as Directors on the Board of the new Economic Development Entity, with Councillor Greg Davies as alternate when one of the nominated Director(s) cannot attend a meeting of the Board.

5 Councillor Representation on Committees

372 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1. The information contained in the report on Councillor Representation on Committees be received.

2. The Mayor (or the Mayor’s nominee) be appointed to the Bush Fire Management Committee.

3. The Mayor be re-appointed to the Local Emergency Management Committee.

4. Council appoint Councillor Kevin Crameri OAM to the Cumberland Rural Fire Service Zone Liaison Committee, and that the other available position remain vacant at this stage.

5. Council appoint Councillors Kevin Crameri OAM, Jim Aitken OAM, and Jackie Greenow to the Floodplain Management Authorities of NSW.

6. Council appoint Councillor Jackie Greenow, and Councillor Kevin Crameri OAM (as alternate Councillor), to participate in a review of the Local Government Advisory Group for the Hawkesbury Nepean River.

7. Council appoint Councillor Ben Goldfinch to the T S Nepean Building Facilities Management Committee.

8. Council appoint Councillor Greg Davies to the St Clair High School Community Centre Management Committee, in the event that a meeting is convened in the future.

9. Council appoint Councillors Mark Davies and Robert Ardill to the Jamison High School Community Centre Management Committee and put into place a process to nominate a member of the community at large.

10. The information on the Local Traffic Committee be noted.

11. The information on the Western Sydney Alliance be noted.

12. Penrith Valley Sports Foundation – see Minute No. 373 below.

13. Council appoint Councillors Jackie Greenow and Ben Goldfinch to the Heritage Advisory Committee.

14. Council appoint all five (5) East Ward Councillors to the St Marys Development Committee.

15. Council appoint the Mayor and Councillors Ross Fowler OAM, Karen McKeown, Jackie Greenow and Greg Davies to the Senior Staff Recruitment/Review Committee, with other Councillors being co-opted as necessary when the Committee deals with recruitment matters.

16. Council convene the Penrith Valley Cultural Precinct Project Steering Committee as a Working Party, with all five (5) East Ward Councillors as members.

17. Council appoint Councillors Robert Ardill, Jackie Greenow and Prue Guillaume to the Access Committee.

18. The information on the Penrith International Friendship Committee be noted.

19. All Councillors be invited to attend the Penrith Valley Community Safety Partnership.

20. Council appoint the Mayor and Councillors Ross Fowler OAM, Jim Aitken OAM and Kath Presdee to the Audit Committee, with membership to be reviewed.

21. All Councillors be invited to attend the Penrith Flood Advisory Consultative Committee.

5 Councillor Representation on Committees – Item 12 – Representation on Penrith Valley Sports Foundation

373 A MOTION was moved by Councillor Ross Fowler OAM seconded Councillor Robert Ardill that Councillor Mark Davies be appointed to the Penrith Valley Sports Foundation.

An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Kath Presdee that Councillor Greg Davies be appointed to the Penrith Valley Sports Foundation.

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

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

6 Councillor Representation on Working Parties

374 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on Councillor Representation on Working Parties be received.

2. Council appoint Councillor representatives to the following existing Working Parties:

a. Climate Change Working Party

The Mayor and Councillors Karen McKeown, Robert Ardill and Mark Davies to be appointed.

b. Sustainability Champion – see Minute No. 375 below.

c. Finance Working Party

Councillors Jim Aitken OAM and Ross Fowler OAM be appointed and other positions remain vacant at this stage.

d. Lemongrove Gardens Working Party

Councillors John Thain, Ben Goldfinch and Ross Fowler OAM be appointed.

e. Penrith Stadium Redevelopment Working Party

Councillors Mark Davies, Greg Davies and Ben Goldfinch be appointed.

f. Wall of Achievement Awards Working Party

All available Councillors be appointed.

3. Council form the following new Working Parties:

a. Recreation Working Party

Councillors Marko Malkoc, Greg Davies and Ben Goldfinch be appointed.

b. Penrith Valley Cultural Precinct Working Party

Five (5) East Ward Councillors be appointed.

4. Council disband the following existing Working Parties:

a. Castlereagh Cemetery and Crematorium Working Party

b. Development Regulation Working Party

c. Domestic Waste Working Party

d. Penrith Football Stadium Future Management Working Party

e. Penrith Swimming Centre Upgrade Working Party

f. Recreation and Open Space Working Party

g. Economic Development Working Party

with a report to be presented to the Policy Review Committee on the constitution and membership of the Advertising Working Party.

6 Councillor Representation on Working Parties – Appointment of Sustainability Champion

375 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that Councillors Karen McKeown and Tanya Davies be appointed as Sustainability Champions.

7 Local Government Constitutional Summit - A Special National General Assembly

376 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1. The information contained in the report on Local Government Constitutional Summit - A Special National General Assembly be received.

2. Councillors Greg Davies, Kevin Crameri OAM and Jim Aitken OAM attend the Local Government Constitutional Summit to be held in Melbourne from 8-11 December 2008.

8 2008 Local Government Association Conference

377 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on 2008 Local Government Association Conference be received.

2. Councillors Ben Goldfinch, Jim Aitken OAM, Ross Fowler OAM, Kevin Crameri OAM, Greg Davies, Karen McKeown and Kaylene Allison attend the 2008 LGA Conference to be held in Broken Hill from 25 – 29 October 2008 as Council’s voting delegates.

3. Councillor Jackie Greenow attend the 2008 LGA Conference as an observer.

4. Council endorses the action taken to sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2008 LGA Conference.

There being no further business the Chairperson declared the meeting closed the time being 8:55 pm.

*Ordinary Meeting*	*13 October 2008*
*The City as a Social Place*

The City as a Social Place

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

Compiled by: Jessica Lake, Administration Officer

Authorised by: Andrew Robinson, Recreation Manager

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

Purpose:

To inform Council of donations made to amateur sportspersons and/or representatives in the fields of of art, music, culture for overseas and interstate travel for the July-September 2008 quarter. In addition this report includes results gained by recipients of travel assistance. The report recommends that the information contained in the report be received.

Background

Council has a policy of providing assistance to amateur sportspersons and representatives in the fields of Art, Music, Culture for the purpose of encouraging participation in international or interstate events by; residents of the Penrith LGA, members of clubs based in the Penrith LGA, and students of schools and educational establishments within the Penrith LGA who are representing the country of Australia or the state of New South Wales. The requests that Council has received and processed, in accordance with the Policy, for the period 1 July-30 September 2008 are listed below.

OVERSEAS DESTINATIONS ($200 NZ or $300 overseas)

A donation of $600.00 was made to NSW Junior Baseball League with a request that $300.00 each be passed on to Kurt Falls of Orchard Hills and Patrick Jackson of South Penrith to help defray their travelling expenses when they attend the IBA World Series Tour, held in Tokyo during July 2008 & NSW Junior Baseball Development Tour of Japan during July 2008, respectively.

A donation of $900.00 was made to Football NSW with a request that $300.00 each be passed on to Lorisa Habib of Claremont Meadows, Erin Hill of Colyton and Bailey Robinson of Cranebrook to help defray their travelling expenses when they attend the Football NSW Development Tour, of America during September-October 2008 and Football NSW Development Tour of San Diego during September-October 2008 and Football NSW Development Tour of Japan during September 2008, respectively.

A donation of $300.00 was made to School Sport Australia Football to be passed on to Robert Tribbia of Silverdale (attends St Marys Senior High School) to help defray his travelling expenses when he competes in the School Sport Australia Football Team held in Japan and Korea during November-December 2008.

A donation of $900.00 was made to Australian Paralympic Committee with a request that $300.00 each be passed on to John Maclean of Penrith, Katherine Ross of Werrington Downs and Peter Leek of St Marys to help defray their travelling expenses when they attend the 2008 Paralympic Games during September.

A donation of $300.00 was made to NSW Ice Skating to be passed on to Mark Webster of Glenmore Park to help defray his travelling expenses when he competes in the Nebelhorn Trophy for Figure Skating held in Germany during September 2008.

INTERSTATE DESTINATIONS ($100 QLD,VIC - $150 SA,TAS - $200 WA,NT)

A donation of $100.00 was made to NSW Primary Schools Sports Association to be passed on to Jay Pearce of Emu Heights to help defray his travelling expenses when he competes in the 2008 Schools Sports Australian Cross Country held in Geelong, Victoria during August 2008.

A donation of $350.00 was made to NSW Combined High Schools to be passed on to Braeden Batiste of Erskine Park, Charlotte Wilson of St Clair and Jack Ponton of Werrington to help defray their travelling expenses when they compete in the Schools Sports Australia Touch Football Championships held in Launceston, Tasmania during October 2008 and the School Sport Australia Cross Country held in Geelong, Victoria during August 2008 and the School Sport Australia Championships for Football, respectively.

A donation of $200.00 was made to NSW Ice Skating Association with a request that $100.00 each be passed on to Lowanna Gibson of St Marys and Nicholas Fernandez of Cranebrook to help defray their travelling expenses when they attend the Australian Figure Skating Championships, held in Brisbane during August 2008.

A donation of $200.00 was made to NSW Association of Indoor Bowlers with a request that $100.00 each be passed on to Harry and Jean Griffiths of Kingswood to help defray their travelling expenses when they attend the Australian Indoor Bowls Championships, held in Queensland during August 2008.

A donation of $400.00 was made to Australia Indoor Cricket with a request that $200.00 each be passed on to Mark and Kim Butler of Cranebrook to help defray their travelling expenses when they attend the Australian Masters World Series for Indoor Cricket, held in New Zealand during October-November 2008.

A donation of $600.00 was made to Skate NSW with a request that $200.00 each be passed on to Chantelle Butler of Cranebrook, Hannah Gunn of Glenbrook (member of Penrith Skatel club in Emu Plains) and Claire Johnson of Penrith to help defray their travelling expenses when they attend the Australian National Artistic Skating Championships held in Western Australia during September- October 2008.

A donation of $300.00 was made to NSW Primary Schools Sport Assosciation with a request that $150.00 each be passed on to Bianca Oliverio of Erskine Park and Talisha Maruta of St Clair to help defray their travelling expenses when they attend the School Sport Australia Touch Football Tournament held in Tasmania during October 2008.

A donation of $200.00 was made to Gymnastics Australia to be passed on to Nicholas Bransdon of Glenmore Park to help defray his travelling expenses when he competes in the 2008 Indo-Pacific Championships for Trampoline Sports held in Rotorua, New Zealand during October 2008.

Highlights of Results/Outcomes Achieved by Recipients

At Council’s Ordinary Meeting of 23 July 2007 it was requested that details of results/outcomes gained by recipients of the travel assistance grant be reported. Based on the current information, which has been provided by the recipients, the following is a summary of results achieved:

Kaylee White from Penrith – World Women’s Ice Hockey Championships, Finland, March 2008. The Australian Team did not record a win at the event. The team had been promoted to Division 2 following their success at the competition in Division 3 the previous year.

Alexandra Gallo came 3rd in Australia at the Australian Karate Federation National Championships, and received a bronze medal. Alexandra & Bianca Gallo were chosen for the team fighting and both received silver medal in the Australian Karate Federation National Championships and Eugenio Gallo lost his fight 6-5, he came 4th in Australia in the Australian Karate Federation National Championships.

Harry and Jean Griffiths of Kingswood were not successful at the Indoor Bowls Championships, but had a great competition.

RECOMMENDATION

That the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*13 October 2008*
*The City as a Social Place*

The City as a Social Place

Western Sydney Area Assistance Scheme (WSAAS) 2008 Local Ranking Committee

Compiled by: Kelly Watson, Community Projects Officer

Authorised by: Erich Weller, Community and Cultural Development Manager

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Support community organisations to address the differing needs and issues of the various age groups through Council's policy responses, program initiatives and advocacy.

Purpose:

To seek two Councillor nominations to participate on the NSW Department of Community Services Penrith LGA WSAAS Local Ranking Committee for a two-year term. The report recommends that the information contained in the report be received and Council nominate two Councillor representatives for the Penrith LGA WSAAS Local Ranking Committee for a two-year term.

Background

The Western Sydney Area Assistance Scheme (WSAAS) is a regional community development grants program, currently administered by the Communities Division within the NSW Department of Community Services (DoCS). The Scheme was launched in Western Sydney in 1979, as an innovative program to address social issues in areas experiencing rapid urban growth. The scheme was later extended to cover the Macarthur, Illawarra, Central Coast, Hunter and North Coast regions.

The AAS provides grants to local councils and non-government organisations for projects that improve community infrastructure and enhance community wellbeing. Funding is provided for one-off capital projects, as well as time limited social development projects.

The scheme is a partnership between the NSW government, local councils and the community. In addition to developing and managing projects funded by the AAS, the community is also actively involved in making funding recommendations to the Western Sydney regional ranking assessment committee, through the Local Ranking Committee process.

Some examples of successful projects that have been funded by the AAS include:

· $153,298 to Penrith City Council for the Northern Rural Community Development Project. This funding will employ a Community Development Officer for two years. This has been funded by the most recent WSAAS funding round in 2008.

· $301,258 to The Richmond Fellowship of NSW (RFNSW) for the Young Women's Dual Diagnosis Project. This project was funded in 2007 for a four year term. The Young Women’s Dual Diagnosis Worker coordinates community development and partnership activities for the benefit of young women aged between 17-25 with co-existing mental health and substance abuse issues (dual diagnosis) via programs, forums, workshops and related support initiatives.

· $101,660 to South Penrith Youth & Neighbourhood Services Inc, to employ a worker to support and resource improved links between community based organisations and schools in Penrith LGA, over 2 years. This was funded in 2005.

· $39,360 to Relationships Australia NSW, to establish links with local grandparents, who are primary carers of their grandchildren, in Penrith and the surrounding area, over 1 year. This also received funding in 2005.

The AAS is one strategy employed by the NSW Government to progress its social justice agenda. It gives priority to programs that deliver constructive change and support to vulnerable communities, and focuses on the following 3 outcomes:

· Connecting communities through partnerships

· Building community leadership and capacity

· Promoting safe communities.

The 2008 WSAAS Funding Round

The 2008 WSAAS funding round ran from 29 August to 10 October, and was promoted extensively to the community through interagencies and networks. As in previous years the WSAAS funding program received considerable local interest, which will result in a number of applications targeting various community service needs and issues in the Penrith LGA.

There have been significant changes to the Area Assistance Scheme. This year, applicants must apply for a minimum of $10,000, and a maximum of $110,000. In the past, applicants were able to apply for a maximum of four years funding. In 2007, the recommended maximum was two years, and for the 2008 Round this has been reduced to one year. The NSW Department of Community Services has indicated the Department awaits the outcomes of the Special Commission of Inquiry into Child Protection Services in NSW before reviewing a number of its programs, including the AAS. This is why only one year projects will be considered in the 2008 round.

Capital projects will be prioritised in the 2008 WSAAS Funding Round – that is projects that increase and improve facilities needed for community infrastructure. Other projects will be considered if there are no recurrent funding implications. These projects must also have clear and concise exit strategies. Examples of this kind of project include the production of brochures, information kits, funding for an event, action research or community education projects.

At this stage all applications have been received and will be assessed by the Department of Community Services for eligibility in late October. Eligible applications will then be collated for the ranking process that occurs as the next step in the assessment of applications by the Local Ranking Committee. Further information on the Penrith Local Ranking Committee is provided in the next section.

Nominations for the 2008 WSAAS Local Ranking Committee

A Local Ranking Committee (LRC) meets in each local government area within the AAS regions, including the Penrith LGA, to:

· Provide advice to DoCS on local needs and issues;

· Assess eligible applications received from the LGA against AAS criteria;

· Rank applications from the LGA as low, medium or high priority.

The NSW Department of Community Services Area Assistance Scheme Policy and Procedure Guidelines allow for a maximum of eight members on the LRC. The voting members include four community representatives, a Chairperson who must be a community member and resident of the Penrith LGA and who has a casting vote only, and two council representatives. Council representatives may be either elected Councillors, or alternatively Council officers, as nominated by their Manager. The Council Community Projects Officer is a non-voting member who resources the operation of the LRC.

It has been the practice in the Penrith LGA that Council is represented by two Councillors.

In the past, on occasions, one of the Councillors nominated has been unable, due to unforseen circumstances, to attend on the agreed date for an LRC meeting. It is proposed that, if this occurs in 2008 or 2009, the Community and Cultural Development Manager will represent Council with the other Councillor nominee.

It is usual that each member would serve a two-year term. Councillors Allison and Greenow served two-year terms on the LRC for the years 2006 and 2007. Nominations are now being sought from Council for two Councillor representatives to each serve a two-year term on the LRC.

Community representatives are generally community workers who have past experience with the Western Sydney Area Assistance Scheme, and currently employed by a community organisation in Penrith City. Currently nominations are also being sought for two local, experienced community development workers. Two other community representatives have only served one year of their term and will continue in their role for another year.

It is anticipated that the LRC process will require a maximum of two meetings this year, and that all business of the 2008 LRC will be completed by the end of this calendar year. The date for these meetings is yet to be determined, although it is highly likely that they will be held in late November to mid December.

Penrith Council and WSROC Advocacy in Relation to the WSAAS

Council has made representations to local State Members and the relevant Minister on a number of occasions over the last few years on the reduced funding allocated to the AAS by the State Government. For example, the AAS no longer will consider funding what are termed “pick-up” projects. These projects were designed to respond to ongoing high priority social needs with recurrent funding rather than limited term funding.

As a result of a report to Council on this matter in December 2007, Council formally wrote to local State Members and the then Minister for Community Services, the Hon Kevin Greene. The response received from the Minister was that the Government’s State Plan priorities, and in particular child protection services, were the areas targeted for any additional resources.

Council again forwarded its concerns re the adequacy of AAS funding for consideration by the NSW Government at the State Cabinet meeting on 7 October 2008 in St Marys.

Similarly, WSROC has made formal representations to the NSW Government on increasing the funds available for the Western Sydney Area Assistance Scheme.

Summary

The Area Assistance Scheme is a funding program of the NSW Department of Community Services. In the determination of successful submissions for funding, councils and community representatives are involved in Local Ranking Committees to prioritise projects. Penrith City Council has traditionally nominated two Councillors to represent Council on the Penrith LGA WSAAS LRC. This practice is recommended to continue in the 2008 and 2009 years. However, if a Councillor is unable to attend at the agreed meeting time, due to unforseen circumstances, it is suggested the Community and Cultural Development Manager represent Council with the other Councillor nominee.

RECOMMENDATION

That:

1. The information contained in the report on Western Sydney Area Assistance Scheme (WSAAS) 2008 Local Ranking Committee be received.

2. Council nominate two Councillors to participate in the WSAAS Local Ranking Committee for a term of two years (2008 and 2009).

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*13 October 2008*
*The City as a Social Place*

The City as a Social Place

Development Application 08/0185 for use of existing Dog Kennels at No. 33 - 35 Spencer Road, Londonderry Applicant: Victor John Ellul; Owner: Victor and Anna Ellul

DA08/0185

Compiled by: Josephine Bavatu, Environmental Planner

Authorised by: Peter Wood, Development Assessment Co-ordinator

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:

This application has been requested to be reported to Council by Councillor Crameri. The application proposes variations to Council's Code to Control the Establishment of Boarding and Breeding Kennels under Penrith Rural Development Control Plan 2006 Part 4.9 - Rural Development. The report recommends that the information be received and Council approve the application on a time limited basis.

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

Executive Summary

This proposal seeks to regularise a current unauthorised use of the property for boarding and training of Greyhounds owned by the resident. Council became aware of the use of the site through complaint relating to noise and odour. The application has been submitted in response to compliance action taken by Council aimed at ceasing the unauthorised activity.

The proposal represent variations to Council’s Code for the Establishment of Boarding and Breeding Kennels as the site does not meet the minimum frontage prescribed and the kennels are not the minimum set distance to adjoining dwellings. The intention of these provisions is to maintain existing residential character and amenity. Despite the non-compliance,

the applicant has undertaken substantial acoustic upgrading of the existing kennels. They have demonstrated through acoustic monitoring that, with appropriate operational management, adjoining residents are not likely to be subject to unreasonable noise impacts.

Due to the location of the kennels they are not largely visible hence visual impact on the rural character of the area is limited.

The scale of the proposal is minor compared with other commercial operations at which the Code under the Development Control Plan is also aimed. As the amenity and rural character of the area is not likely to be compromised, the application is recommended for support. It is acknowledged that much of the potential impact depends on the appropriate operation and management of the kennels by the owner. Appropriate conditions including acoustic monitoring and a time limited consent requiring a further application for any continuance of the use beyond 12 months are therefore recommended.

Background

In response to a complaint that the keeping of greyhounds on the subject property was creating odour and noise problems, an inspection by a Council Officer revealed the following on the property:

· 8 racing greyhounds;

· A dog run constructed near the western boundary (approximately 70m long);

· A shed behind the dwelling fitted out with kennels used to keep the 8 greyhounds.

A search of Council records established that there was no development consent for the use at the property.

The applicant was then issued an Order under Section 121B of the Environmental Planning & Assessment Act, 1979 to cease keeping dogs and cease the training of dogs on the property for a commercial use (racing).

The applicant has sought development consent for the existing kennels, running tracks and exercise yards in response. The applicant did attend a pre-lodgement meeting which raised relevant considerations in the current application including:

· Justification of the non-compliance with the DCP requirement for a 90 metre lot frontage to Spencer Road and the kennel’s non-compliance with the requirement to be at least 150 metres from adjoining dwellings;

· A revised Acoustic Report be submitted;

· A Waste Management Plan in accordance with Penrith Development Control Plan 2006 Part 2.9 – Waste Planning be submitted;

· A Landscape Plan in accordance with the Penrith Development Control Plan 2006 Part 2.6 - Landscape be submitted.

Site & Surrounds

The site is situated on Spencer Road approximately 380m west of Londonderry Road (Refer to Locality Plan - Attachment 1). It has an area of 8094sqm with boundary dimensions of 190m x 42.6m. The site is currently occupied by a single storey residential dwelling, metal garage, one enclosed brick kennel building, open metal kennels, and exercise yards (refer Site Plan - Attachment 2).

The brick kennel building is set back approximately 29m to the adjoining dwelling at 29-31 Spencer Road and is set back approximately 40m to the adjoining dwelling at 37-39 Spencer Road. The existing dwelling is set back 12.79 m to the boundary and the dog kennel building is set back 43.9m from the property boundary.

The surrounding area is characterised by semi rural activities on rural residential size allotments.

The Proposed Development

The proposal is to gain approval for the use of the existing buildings for dog kennels and exercise yards for eight (8) greyhound dogs. There are no additional structures proposed. The existing structures are:

· Open kennels for feeding;

· Enclosed and acoustically attenuated bricked kennel (8 kennels);

· Post and wire running track – two tracks (65 metre sand filled); and

· Three (3) exercise yards.

Waste management arrangements have been made with Remondis Waste Removal Pty Ltd, for the disposal of all waste associated with the keeping of the eight greyhound dogs.

Landscaping is proposed along the eastern boundary fence to provide screening and privacy from the adjoining detached dual occupancy.

The application is accompanied by the following reports:

· Statement of Environmental Effects and Waste Management plans prepared by the applicant;

· Acoustic Assessment Report prepared by Pollution Control Consultancy & Design; and;

· Landscape Concept Plan prepared by Monaco Designs.

Planning Assessment

The proposal represents permissible use with the consent of Council. The application has been assessed in accordance with Section79C of the Environmental Planning and Assessment Act, 1979 and the following key considerations have arisen.

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

Sydney Regional Environmental Plan No.20 – Hawkesbury Nepean River

The land is located within a Riverine Scenic Corridor under this plan, however the proposal has no significant visual impact within this corridor. Waste Management procedures are proposed as part of this application and the inclusion of recommended special condition number 2.11 & 2.12 will ensure that there is no impact on the quality of waters entering the river system. The aim and strategies of the policy are satisfied.

Local Environmental Plan 201 – Rural Lands

The subject site is zoned 1(A) Rural A - General under the Local Environmental Plan 201 (Rural Lands) and the proposal is most closely categorised as an “Animal boarding, breeding, treating or training establishment” is a permissible land use in the zoning with Council consent.

The following zone objectives are most relevant to the proposal:

(i) To ensure that development is compatible with the environmental capabilities of the land and to encourage the conservation and enhancement of natural resources by means of appropriate land management techniques;

(ii) To ensure that views from main roads and the rural character of the locality will not be adversely affected.

The following assessment demonstrates whether or not the objectives of the zone are satisfied.

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

Draft Penrith Local Environmental Plan 1999 (Flora and Fauna Conservation) applies to the land. As discussed under a later heading, the proposal does not present any impact.

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

Penrith Development Control Plan 2006 Part 4.9 – Rural Development.

Part B – Development Issues

Buildings / Structures

The dog kennel and exercise yards are an adaptation of existing structures. There are no additional structures proposed.

Services

Satisfactory arrangements have been made with servicing authorities with the existing water and electricity supply being utilised for the proposed development.

Flooding

The site is not identified as subject to a risk of flooding.

Access

An existing single driveway currently services the dwelling and the site. There are no changes to the access arrangement. The use will not generate additional traffic into the site as it does not involve boarding or training of any dogs other than those of the resident.

Noise Generation & Control
An acoustic report prepared by Pollution Control Consultancy & Design dated February 2008 provided detailed assessment of environmental noise associated with the greyhound kennel.

There were two types of noise measurements undertaken from April to November 2007:

1. Noise levels of the ‘Background Noise’ from the kennel and

2. Noise levels of greyhounds barking within the kennel.

These are assessed in terms of the Environment Protection Authority (EPA) ‘Criterion of Intrusiveness’ and ‘Sleep Arousal Level’. Measurements are outlined in Table 1 and Table 2 below.

Table 1: Noise Levels of ‘Background Noise’ from the kennel

Measured at boundary between the subject site and 29-31 Spencer Road, between 6pm on 23/April/2007 and 10pm on 2/May/2007.

	Evening (6am – 10pm)	Night (10pm – 7am)	Day (7am – 6pm)
	Ninety percentile values of LA90,15min	Ninety percentile values of LA90,15min	Ninety percentile values of LA90,15min
1.	46.1	36.1	41.1
2.	46.6	31.1	40.1
3.	35.1	31.1	38.4
4.	40.1	~~39.6~~	40.1
5.	38.6	35.6	41.4
6.	41.6	36.6	42.1
7.	36.6	34.1	40.1
8.	40.1	35.6	37.4
9.	40.1	32.1	39.1
10	43.6	none	none
Rating Background Level (RBL) (median of ninety-percentile values)	40 Complied	35 Complied	40 Complied
Noise Limits	45dB(A)	40dB(A)	45dB(A)

Table 2: Noise Levels of ‘Greyhounds barking within the kennel’

Front residence in 29-31 Spencer Road

Rear residence in 29-31 Spencer Road

Date

LAeq measurement

LAeq, 15min

LA, 1min

LAeq, measurement

LAeq, 15min

LA1, 1min

2 May 2007

43 exceeded

56 exceeded

12 July 2007

41 exceeded

55 exceeded

21 August 2007

52 exceeded

13 November 2007

Noise Limits

40dB(A)

45dB(A)

50dB(A)

40dB(A)

50dB(A)

Complies

The results showed:

· Background noise from the kennel complied with the EPA noise limits (See Table 1).

· Greyhounds barking within the kennel exceeded the limit (See Table 2):

· (on fifteen-minute sound pressure level) on the opposite window of the rear residence in 29-31 Spencer Road on 2/3 May 2007.

· (on one-minute sound pressure level) on the opposite window of the rear of the residence in 29-31 Spencer Road.

In response, acoustical improvements were undertaken on the existing brick kennels windows, doors, walls and roof by the applicant as follows:

· Lined kennel wall and main door with 24mm Boral Hancock Ezyshield;

· Lined both doors (from the inside) with 100mm Styrofoam;

· Lined three windows with 8mm Perspex Clearview Acoustic using two sheets per window;

· Lined inner ceiling with Bradford thermal insulation followed with Tontine Black Liner Acoustic Ceiling Overlay;

· Lined main wall in the adjoining room with 100mm Tontine Black Batts;

· Placed 75mm Styrofoam panels on top of main roof covering the full area; and

· Sealed small openings with mortar and gap fill products.

Measurements were carried out again on 13/14 November 2007 and the results demonstrated that the level of noise complied with the EPA noise levels. The kennels are now constructed to comply with EPA guidelines.

The proposal is recommended to be approved on a time limited basis for 12 months, to gauge impact and test conditions with further noise reports recommended to be required as a condition of consent on a quarterly basis (standard conditions 2.2 and 2.16).

Part C – Housing

Dwellings and Outbuildings

The dog kennels are setback well behind the existing dwelling. The existing kennels and yards are directly in line behind the dwelling which complies with the locational requirements for outbuildings.

The existing chain wire fencing that bounds the 3 yards is acceptable as it is not visible from the street and proposed landscaping around the fence will provide screening to adjoining neighbours. No new fencing is proposed.

Part D Agricultural Developments

Animal Boarding, Breeding, Training and Treating Establishment

The proposal to gain approval for the existing kennel and yards is acceptable as it has demonstrated minimal impact on adjoining land uses and on the local road system.

Site

The existing open kennels, enclosed brick kennel, holding yards, and running tracks are located in close range within the site. The holding yards are fenced off, and the enclosed brick kennel has acoustic improvements to the doors, windows, walls and roof to reduce noise levels to adjoining neighbours.

Waste Disposal

Satisfactory arrangements have been made with Remondis Waste Removal Pty Ltd, a licensed waste contractor, for the disposal of waste associated with the keeping of the eight greyhound dogs. This is recommended to be conditioned (special condition No. 2.11).

Code to Control the Establishment of Boarding & Breeding Kennels

The proposal does not meet two provisions of the Code as stated below:

(i) Boarding and breeding kennels will not be approved on allotments which have a frontage of less than 90m.

Comment

The intention of this provision is to ensure that the structures and enclosures have minimal visual impact on the streetscape and views enjoyed by adjoining properties.

The proposed site has a frontage of 42.3m which is less than the 90m specified by the Code. However, it is supported and justified on its merit as follows:

· Animal boarding, breeding, training, or treating establishments are defined under the Rural Lands LEP 201 as: ‘as a place used for the commercial boarding, breeding, keeping or training of animals includes a veterinary clinic’

The existing kennels and training yards are to accommodate and train the owner’s 8 greyhound dogs and not for the commercial boarding and breeding of other dogs. The kennel structures are in a sound condition where the dogs are properly kept and trained. Therefore, the existing frontage is acceptable for the accommodation and training of the owner’s dogs.

· The existing kennels and associated yards are directly in line behind the dwelling and cannot be viewed from the street and the street cannot be viewed by the dogs.

· The proposed landscaping along the existing yard fence and along the eastern boundary fence provides screening to the adjoining neighbours and to the street.

(ii) Any kennels approved shall be located a minimum distance of 150m from any existing dwelling or potential dwelling site.

Comment

The intention of this provision is to reduce the noise effects from the dogs on the amenity of residents. It also to ensure that there is no issue of smell or health hazards to the adjoining neighbours.

The brick kennel building is setback approximately 29m to the adjoining dwelling at 29-31 Spencer Road and is set back approximately 40m to the adjoining dwelling at 37-39 Spencer Road. However, it is supported and justified on its merit as follows:

· Acoustical improvements undertaken on the kennels are constructed to standards

which ensure that residents are not exposed to unacceptable noise levels. The enjoyment of adjoining and nearby rural property occupants is not likely to be negatively affected.

· In addition, the proposal is recommended to be approved on a time limited basis for 12 months to gauge this impact and test conditions. This provides an opportunity to ensure that the anticipated impacts are minimal and for the use to cease if this is proved otherwise.

· Recommended conditions of consent ensure that noise disturbance to the neighbours is managed:

~ Further noise reports are recommended to be required as a condition of consent on a quarterly basis.

~ All dogs kept on the property are to be confined to the kennels between the hours of 6pm to 7am.

~ The post and wire running track located on the western boundary of the property shall only be used by one dog at a time between the hours of 10am - 4pm Monday to Friday. This track is not to be used on weekends or public holidays.

~ When dogs are let out to stretch and exercise, racing muzzles are attached to their mouth to deter them from barking.

· Satisfactory arrangements have been made with a licensed waste contractor for the disposal of waste associated with the keeping of the eight (8) greyhound dogs. Concrete floors are provided to both kennels in the enclosed and the outside kennel which are kept clean and clear of any waste. These measures ensure that the dogs are properly managed and methods of waste disposal are adequate in reducing any potential smell or health hazards.

Although the proposal requires dispensation from the DCP requirement, it is supported and justified on its merit in terms of satisfying the intent of the Code.

Penrith Development Control Plan 2006 Part 2.6 – Landscape

The proposed landscaping around the existing enclosed fence is as follows:

· 12 Callistemon ‘Endeavour’ shrubs which reach a height of 2.5 metres at maturity;

· 4 Grevillea ‘Moonlight’ shrubs which reach a height of 3.5 metres at maturity.

The proposed landscaping provides adequate screening and buffer between the dwelling and the kennel and from adjoining properties. There are also 5 Melaleuca Decora trees proposed along the eastern boundary fence. This tree reaches a height of 12 metres at maturity. This proposed landscaping is considered acceptable.

4. Section 79C(1)(a)(iv) – The Regulations

This section is not applicable for the subject application.

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

Built and Natural Environment

· Natural resources and systems e.g. Air, water, soil

Satisfactory arrangements are made for waste disposal.

· Flora and fauna

See previous report comments.

· The public domain and the public/private interface

The existing dog kennels and exercise yards are in keeping with the surrounding rural environment. Approval of the kennel will provide better management of the dogs and is compatible with the surrounding rural activities.

The landscape plan provided indicates tree planting along the eastern boundary fence where the tree species will attain a height at maturity of up to12 metres in height. Additional tree planting is recommended along the existing yard fence and will provide screening and privacy between the dog kennels and the dwelling and achieve visual screening of the dog kennels from the street and to the existing dwelling.

· The character of the place and its local and regional context

The existing dog kennels, buildings and yard are in keeping with the surrounding rural context and are compatible with the existing dwelling on the site.

Social and Economic

· Health, safety and compatibility issues

The health issues regarding the maintenance and keeping of the dogs have been assessed by Council’s Health Officer who has concurred with the proposal, subject to recommended conditions of consent.

· Will the proposal threaten the local community’s desired future character of the area

The establishment of dog kennels and boarding is a permissible land use in the rural zone. As the applicant has sought approval, it warrants that the proper ongoing use is maintained in accordance with the development consent. A time limited consent provides an opportunity to ensure that the anticipated minimal impacts are realised and for the use to cease if this is proved otherwise.

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

The site currently maintains the 8 greyhound dogs in its existing open kennels and brick kennels, running yards and is suitable with the area and the conditions it currently exists in.

Referrals

The application was referred to the following Council officers and their comments have formed part of the assessment.

Referral Body	Comments Received
Building Surveyor	Concurred. No structures proposed and therefore there are no building conditions.
Development Engineer	Concurred. No engineering conditions.
Environmental Health Officer	Complies, subject to conditions as follows: 1. The post and wire running track located on the western boundary of the property shall only be used by one dog at a time between the hours of 10am – 4pm Monday to Friday. This track is not to be used on weekends or public holidays. 2. A maximum number of eight dogs can be present on the property at any one time. 3. All waste associated with the keeping of the dogs is to be collected or deposited at an appropriately licensed waste facility or contractor. 4. All dogs kept on the property are to be confined to the kennels between the hours of 6pm – 7am.

Community Consultation

In accordance with Part 2.7 Notification and Advertising of DCP 2006, the development application was placed on notification from 3 March 2008 to 17 March 2008. A submission was received, objecting to the proposal on the following grounds:

· Floodlight – shines directly into adjoining properties;

· Smell (dog faeces);

· Brick and metal kennels – leaves it open for more dogs;

· Noise – intolerable.

In considering the matters raised, the following comments are offered to address each matter individually and are further addressed in recommended conditions of consent.

Floodlight

The proposal was referred to Council’s Environmental Health Officer who concurred with the assessment. Conditions of consent are recommended to be imposed on the approval as follows:

· All dogs kept on the property are to be confined to the kennels between the hours of 6pm to 7am; and

· The post and wire running track located on the western boundary of the property shall only be used by one dog at a time between the hours of 10am to 4pm Monday to Friday. This track is not to be used on weekends or public holidays.

Therefore, the dogs will not be let out when it is dark and will not require the use of the flood light. The floodlight will be repositioned so light does not spill into adjoining properties.

Smell

Satisfactory arrangements have been made with Remondis Waste Removal Pty Ltd for the disposal of all waste associated with the keeping of the greyhound dogs.

The applicant is required, via a recommended condition of consent, to ensure that solid waste is stored in a designated area prior to removal for disposal. The waste storage area is to be located so that it is not visible to adjoining land owner/occupiers. The waste storage area is to be provided with a weatherproof cover when it is unattended or not in use.

This ensures that all waste will be disposed of properly and the area will be kept clean at all times and pose no health threat to the dogs, to the occupants of the site or to the adjoining neighbours.

Kennels – possibility of more dogs

Council’s Environmental Health Officer has concurred with the assessment and recommended a condition of consent stating:

· No more than 8 dogs, inclusive of pups, are to be accommodated on the premises at any given time. No other animals are permitted to be boarded on the site (standard condition No. 2.4).

Noise

The Acoustic Report prepared by Pollution Control Consultancy & Design initially showed results exceeding noise level limits. Acoustical improvements were then undertaken on the windows, doors, walls and roof of the brick building kennel as follows:

· Lined kennel wall and main door with 24mm Boral Hancock Ezyshield;

· Lined both doors (from the inside) with 100mm Styrofoam;

· Lined three windows with 8mm Perspex Clearview Acoustic using two sheets per window;

· Lined inner ceiling with Bradford thermal insulation followed with Tontine Black Liner Acoustic Ceiling Overlay;

· Lined main wall in the adjoining room with 100mm Tontine Black Batts;

· Placed 75mm Styrofoam panels on top of main roof covering the full area; and

· Sealed small openings with mortar and gap fill products.

Noise measurements were carried out again and show that the noise levels comply with the EPA noise control Criterion of Intrusiveness and are below the EPA Sleep Arousal Level.

As the impact of the use is largely dependent on the nature of operation, it is recommended to be approved on a time limited basis for 12 months to gauge any impact and test operational conditions with further acoustic monitoring (special condition 2.16).

It is also important to note that when dogs are let out to stretch and exercise, racing muzzles are attached to their mouth to deter them from barking.

7. Section 79C(1)(e) – The Public Interest

The proposal has satisfied the rural objectives of the Rural Lands LEP 201 and the Rural Development DCP. Where variations to the Code for the Establishment of Boarding and Breeding Kennels are sought they are considered justified. The applicant has demonstrated through acoustical improvements that the dog kennels and the management of the dogs is now within the required noise levels and is not likely to interfere with the enjoyment of the nearby rural property occupants.

The use of the dog kennels is suitable for the site and accordingly, the proposed development is considered to be in the public interest. Council has addressed the issues raised from the submissions received and they have been advised of Council’s assessment accordingly.

Section 94 Contributions

There are no Section 94 contribution plans that apply to the proposed development.

Conclusion

The recommended conditions of consent for the use of the dog kennels and exercise yards can ensure the proper care and management of the greyhound dogs. The acoustic report demonstrates that it complies with the noise levels and will not interfere with the amenity of adjoining residents.

Further noise reports are recommended to be required as a condition of consent on a quarterly basis.

Approval by way of time limited consent will require a further application for any continuance of the use. These measures will ensure that the anticipated minimal impact is fulfilled by permitting adequate monitoring. Failing this, an application to continue the use is not likely to be supported.

RECOMMENDATION

That:

1. The information contained in the report on Development Application 08/0185 for use of existing Dog Kennels at No. 33 - 35 Spencer Road, Londonderry be received.

2. The application be approved subject to the following Standard and Special Conditions of Consent:

Standard Conditions

2.1 A001 – Approved Plans

2.2 A007 – Time Limited Consent

2.3 A020 – Use of Building

2.4 A034 – Keeping of Dogs

2.5 A035 – Dog Holding Shed

2.6 D131 – Approved Noise Level

2.7 L005 – Planting Material

2.8 L012 – Existing Landscaping

Special Conditions

2.9 All dogs kept on the property are to be confined to the kennels between the hours of 6pm - 7am

2.10 The post and wire running track located on the western boundary of the property shall only be used by one dog at a time between the hours of 10am - 4pm Monday to Friday. This track is not to be used on weekends or public holidays. When dogs are let out to stretch and exercise, racing muzzles are to be attached to deter them from barking.

2.11 All waste associated with the keeping of dogs is to be collected or deposited at an appropriately licence waste facility or contractor. Solid waste is to be stored in a designated area prior to removal for disposal. Where possible, the waste storage area is to be located so that it is not visible to adjoining land owner/occupiers. The waste storage area is to be provided with a weatherproof cover when it is unattended or not in use

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

2.13 The sale of animals is not permitted on the site

2.14 Dog kennels are to be sound-proofed and maintained accordingly

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

2.16 In order to gauge potential noise impact, further acoustic monitoring reports are to be submitted each quarter for the 12 month period of the time limited consent providing Council with an assessment against relevant noise criteria.

ATTACHMENTS/APPENDICES

1. View	Locality Map	1 Page	Appendix
2. View	Site Plan	1 Page	Appendix
3. View	Landscape Concept	1 Page	Appendix

*Ordinary Meeting*	*13 October 2008*
*Leadership and Organisation*

Leadership and Organisation

Pecuniary Interest Returns

Compiled by: Adam Beggs, Administration Officer - Policy and Council Support

Authorised by: Glenn McCarthy, Executive Officer

Strategic Program Term Achievement: The organisation is managing its statutory requirements and the needs of a participatory community in a transparent and balanced way.

Critical Action: Develop, review and monitor policies and procedures to enable the organisation to engage more effectively with the community while meeting its statutory and public interest obligations.

Purpose:

To advise Council that Pecuniary Interest Returns have been lodged according to Statutory requirements. The report recommends that the information be received.

Background

Chapter 14 of the Local Government Act, 1993 (the Act) concerns “Honesty and Disclosure of Interests”, and requires all elected members and designated persons to complete an initial Pecuniary Interest Return, and every year thereafter an annual return. Designated persons include the General Manager, other senior staff, and staff holding a position identified by the Council as a position of a designated person, because it involves the exercise of certain functions such as regulatory or contractual functions. First returns have to be completed and lodged within three months of becoming a councillor or designated person. Annual returns have to be completed and lodged within three months of 30 June each year.

Current Situation

Section 450A of the Act regarding the registration and tabling of returns lodged by Councillors and designated persons is as follows:

Register and Tabling of Returns
450A.

1. The General Manager must keep a register of returns required to be lodged with the General Manager under Section 449.

2. Returns required to be lodged with the General Manager under Section 449 must be tabled at a Meeting of the Council, being:

(a) in the case of a return lodged in accordance with section 449(1) - the first Meeting held after the last day for lodgement under that subsection; or

(b) in the case of a return lodged in accordance with section 449(3) - the first Meeting held after the last day for lodgement under that subsection; or

(c) in the case of a return otherwise lodged with the General Manager - the first Meeting after lodgement.

A register of all returns lodged by Councillors and designated persons, in accordance with Section 449 of the Act, is currently kept by Council as required by this part of the Act.

All returns lodged by Councillors and designated persons under Section 449 of the Act must be tabled at a Council Meeting as outlined in Sections 450A(2)(a), (b) and (c) above.

The following Section 449(3) returns have been lodged:

Councillor	Return Period	Date Lodged
Councillor Jim Aitken OAM	1 July 2007 – 30 June 2008	13 August 2008
Councillor Kaylene Allison	1 July 2007 – 30 June 2008	30 July 2008
Former Councillor David Bradbury 1	1 July 2007 – 30 June 2008	26 August 2008
Former Councillor Lexie Cettolin 2	1 July 2007 – 30 June 2008	15 July 2008
Councillor Kevin Crameri OAM	1 July 2007 – 30 June 2008	14 August 2008
Councillor Greg Davies	1 July 2007 – 30 June 2008	30 July 2008
Councillor Mark Davies	1 July 2007 – 30 June 2008	11 September 2008
Councillor Ross Fowler OAM	1 July 2007 – 30 June 2008	27 August 2008
Councillor Jackie Greenow	1 July 2007 – 30 June 2008	15 July 2008
Councillor Karen McKeown	1 July 2007 – 30 June 2008	15 July 2008
Former Councillor Susan Page 1	1 July 2007 – 30 June 2008	15 July 2008
Former Councillor Garry Rumble 1	1 July 2007 – 30 June 2008	3 September 2008
Former Councillor Pat Sheehy AM 1	1 July 2007 – 30 June 2008	2 September 2008
Former Councillor Steve Simat 1	1 July 2007 – 30 June 2008	2 September 2008
Councillor John Thain	1 July 2007 – 30 June 2008	2 September 2008

Note:

1 Did not contest election.

2 Was not re-elected.

Name	Position Title	Return Period	Date Lodged
Malcolm Ackerman	Supply Coordinator	1 July 2007 - 30 June 2008	23 July 2008
Terry Agar	Local Planning Co-Coordinator	1 July 2007 - 30 June 2008	26 September 2008
Robert Anderson	Property Valuation Officer	1 July 2007 - 30 June 2008	30 September 2008
Natasha Baker	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	5 September 2008
Graham Bambrick	Customer Service Supervisor	1 July 2007 - 30 June 2008	16 July 2008
Zig Barglik	Works Coordinator – Roads Maintenance	1 July 2007 - 30 June 2008	30 September 2008
Linden Barnett	Manager – Workforce Development	1 July 2007 - 30 June 2008	4 September 2008
Steven Barratt	Building Regulatory Coordinator	1 July 2007 - 30 June 2008	6 August 2008
Paul Battersby	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	17 July 2008
Jojivini Bavatu	Environmental Planner - EP	1 July 2007 - 30 June 2008	29 September 2008
Peter Blazek	Property Management Officer	1 July 2007 - 30 June 2008	16 July 2008
Darrell Boggs	Ranger – General	1 July 2007 - 30 June 2008	30 September 2008
Stephen Britten	Legal & Governance Manager	1 July 2007 - 30 June 2008	16 July 2008
Mark Broderick	Regional & Urban Planning Coordinator	1 July 2007 - 30 June 2008	18 July 2008
Geoffrey Brown	Waste Management / Contracts Coordinator	1 July 2007 - 30 June 2008	30 July 2008
Matthew Bullivant	Legal Officer	1 July 2007 - 30 June 2008	15 July 2008
David Burns	Director – City Operations	1 July 2007 - 30 June 2008	8 July 2008
Craig Butler	Director – City Planning	1 July 2007 - 30 June 2008	11 September 2008
Laurence Cafarella	Coordinator RID Squad	1 July 2007 - 30 June 2008	29 July 2008
Vanessa Campbell	Community Engagement Officer – Strategic Plan	1 July 2007 - 30 June 2008	5 September 2008
Allison Cattell	Environmental Planner - DA	1 July 2007 - 30 June 2008	6 August 2008
Abdul Cheema	Senior Environmental Planner	1 July 2007 - 30 June 2008	16 July 2008
Julian Clark	Environmental Compliance Officer	1 July 2007 - 30 June 2008	28 July 2008
Lindsay Clarke	Parks Coordinator	1 July 2007 - 30 June 2008	16 July 2008
Grant Collins	Recreational and Cultural Facilities Planner	1 July 2007 - 30 June 2008	30 September 2008
Raphael Collins	Manager – Parks Construction and Maintenance	1 July 2007 - 30 June 2008	1 July 2008
Belinda Comer	Environmental Health Officer	1 July 2007 - 30 June 2008	6 August 2008
Julie Condon	Development Enquiry Unit Coordinator	1 July 2007 - 30 June 2008	17 July 2008
Kelly Connor	Senior Environmental Health Officer	1 July 2007 - 30 June 2008	23 July 2008
Anthony Crichton	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	30 September 2008
Albert Davis	Animal Services Officer	1 July 2007 - 30 June 2008	16 July 2008
Monique Desmarchelier	Healthy People Partnership Officer	1 July 2007 - 30 June 2008	26 September 2008
Colin Dickson	Services Marketing Coordinator	1 July 2007 - 30 June 2008	25 August 2008
Rodney Esdaile	Senior Development Engineer	1 July 2007 - 30 June 2008	15 August 2008
Keith Fryer	Works Coordinator – Construction & Resource	1 July 2007 - 30 June 2008	17 July 2008
Noel Fuller	Coordinator Ranger and Animal Services	1 July 2007 - 30 June 2008	16 July 2008
Christopher Gardner	Information Management and Technology Manager	1 July 2007 - 30 June 2008	16 July 2008
Stephen Gillis	RID Squad Senior Investigations Officer	1 July 2007 - 30 June 2008	30 September 2008
Ruth Goldsmith	Local Planning Manager	1 July 2007 - 30 June 2008	4 August 2008
Geoff Goodacre	Customer Services Officer – Development Services	1 July 2007 - 30 June 2008	23 September 2008
Brian Griffiths	Manager Property Development	1 July 2007 - 30 June 2008	16 July 2008
Andrew Gunner	HR Systems Administrator	1 July 2007 - 30 June 2008	30 September 2008
Aileen Gutierrez	Trainee Environmental Health & Building Surveyor	1 July 2007 - 30 June 2008	23 September 2008
Len Hall	RID Squad Investigation Officer	1 July 2007 - 30 June 2008	15 August 2008
Steve Hackett	Director – City Services	1 July 2007 - 30 June 2008	8 August 2008
Elizabeth Hanlon	Senior Environmental Planner	1 July 2007 - 30 June 2008	11 August 2008
Tracey Haslam	RID Squad Investigation Officer	1 July 2007 - 30 June 2008	30 September 2008
John Hollier	Planning Information Unit Coordinator	1 July 2007 - 30 June 2008	18 July 2008
Graham Howe	Building Projects & Maintenance Coordinator	1 July 2007 - 30 June 2008	21 July 2008
Justin Howe	Environmental Compliance Officer	1 July 2007 - 30 June 2008	26 September 2008
Paul Humphreys	Workforce Training Development Coordinator	1 July 2007 - 30 June 2008	17 July 2008
Barry Husking	Chief Financial Officer	1 July 2007 - 30 June 2008	23 July 2008
Shari Hussein	Strategic Planning Coordinator	1 July 2007 - 30 June 2008	12 August 2008
Tanya Jackson	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	16 July 2008
Amanda James	Human Resource Officer	1 July 2007 - 30 June 2008	25 July 2008
Vince Klajevic	RID Squad Investigation Officer	1 July 2007 - 30 June 2008	30 September 2008
Stephen Krimmer	Environmental Health and Building Surveyor	1 July 2007 - 30 June 2008	16 July 2008
Bijai Kumar	Local Economic Development Program Manager	1 July 2007 - 30 June 2008	30 September 2008
Peter Lang	Marketing Officer	1 July 2007 - 30 June 2008	11 September 2008
Paul Lemm	Development Services Manager	1 July 2007 - 30 June 2008	23 July 2008
Kenneth Lim	Management Planning Coordinator	1 July 2007 - 30 June 2008	17 July 2008
Vanessa Luck	Environmental Health Officer	1 July 2007 - 30 June 2008	6 August 2008
Belinda Manley	Animal Services Officer	1 July 2007 - 30 June 2008	16 July 2008
Carlie Mason	Environmental Health Officer	1 July 2007 - 30 June 2008	25 August 2008
Stephen Masters	Senior Development Engineer	1 July 2007 - 30 June 2008	30 September 2008
Paul Maynard	Ranger – General	1 July 2007 - 30 June 2008	25 August 2008
Glenn McCarthy	Executive Officer	1 July 2007 - 30 June 2008	15 August 2008
Karin McCarthy	Ranger – Parking	1 July 2007 - 30 June 2008	17 July 2008
Amanda McMurtrie	Environmental Planner - EP	1 July 2007 - 30 June 2008	11 September 2008
Johannes Meijer	Asset Systems Engineer	1 July 2007 - 30 June 2008	16 July 2008
Anthony Milanoli	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	16 July 2008
Wayne Mitchell	Manager Environmental Health	1 July 2007 - 30 June 2008	21 July 2008
Kenneth Muir	Risk Management Coordinator	1 July 2007 - 30 June 2008	22 July 2008
Vanessa Muscat	Environmental Health and Building Surveyor	1 July 2007 - 30 June 2008	16 July 2008
Kenneth Myhill	Fleet Coordinator	1 July 2007 - 30 June 2008	29 July 2008
Roger Nethercote	Environmental Planning Manager	1 July 2007 - 30 June 2008	18 September 2008
Stephan Netting	Building Approvals – Coordinator	1 July 2007 - 30 June 2008	22 July 2008
Vicki O’Kelly	Manager Financial Services	1 July 2007 - 30 June 2008	21 August 2008
Paul Page	City Marketing Supervisor	1 July 2007 - 30 June 2008	11 September 2008
Jonathan Page	Environmental Health Officer	1 July 2007 - 30 June 2008	18 July 2008
Joanne Parkes	Companion Animals Officer	1 July 2007 - 30 June 2008	16 July 2008
Louise Petchell	Sustainability Unit Coordinator	1 July 2007 - 30 June 2008	4 August 2008
Nora Pillon	Casual Health and Building Surveyor	1 July 2007 - 30 June 2008	6 August 2008
Pukar Pradhan	Senior Environmental Planner - DA	1 July 2007 - 30 June 2008	28 August 2008
Anthony Price	Environmental Health Coordinator	1 July 2007 - 30 June 2008	6 August 2008
Steven Purvis	Senior Ranger – General	1 July 2007 - 30 June 2008	18 July 2008
Deepa Randhawa	Environmental Planner - DA	1 July 2007 - 30 June 2008	30 September 2008
Daria Rech	Environmental Health Officer	1 July 2007 - 30 June 2008	28 August 2008
Bernadette Riad	Senior Sustainability Planner	1 July 2007 - 30 June 2008	23 July 2008
Hamish Roberston	Natural Resource Management Officer	7 May 2007 - 30 June 2008	25 July 2008
Craig Ross	Major Projects Manager	1 July 2007 - 30 June 2008	26 September 2008
Barry Ryan	Manager Waste and Community Protection	1 July 2007 - 30 June 2008	9 September 2008
Eric Ryffel	Ranger – General	1 July 2007 - 30 June 2008	16 July 2008
Glenn Schuil	Senior Governance Officer	1 July 2007 - 30 June 2008	23 September 2008
Geoffrey Shuttleworth	Manager Economic Development and City Marketing	1 July 2007 - 30 June 2008	5 September 2008
Gurvinder Singh	Development Team Leader	1 July 2007 - 30 June 2008	15 September 2008
Carl Spears	Media Liaison Officer	1 July 2007 - 30 June 2008	6 August 2008
Gowry Sriskandagowrythasan	Civil Operations Engineer	1 July 2007 - 30 June 2008	31 July 2008
Colin Stevenson	Library Services Manager	1 July 2007 - 30 June 2008	4 September 2008
Warwick Stimson	Development Services Coordinator	1 July 2007 - 30 June 2008	5 August 2008
Alan Stoneham	Director - City Strategy	1 July 2007 - 30 June 2008	25 September 2008
Joan Suckling	Resources Librarian	1 July 2007 - 30 June 2008	4 September 2008
Matthew Tempest	Environmental Planner - DA	1 July 2007 - 30 June 2008	6 August 2008
Alan Travers	General Manager	1 July 2007 - 30 June 2008	1 July 2008
Wayne Trew	Project Coordinator Development Contributions	1 July 2007 - 30 June 2008	30 September 2008
Jeanne Uren	Ranger – Parking	1 July 2007 - 30 June 2008	16 July 2008
Gabor Very	Casual Health and Building Surveyor - DA	1 July 2007 - 30 June 2008	18 July 2008
Joe Vocisano	Ranger – Parking	1 July 2007 - 30 June 2008	16 July 2008
Drago Vrh	Fire Safety Officer	1 July 2007 - 30 June 2008	16 July 2008
Erich Weller	Manager Community & Cultural Development	1 July 2007 - 30 June 2008	30 July 2008
Danielle Welsh	Manager Personnel Services	1 July 2007 - 30 June 2008	28 August 2008
Gordon Williams	Environmental Planner - DA	1 July 2007 - 30 June 2008	26 September 2008
Peter Wood	Development Services Coordinator	1 July 2007 - 30 June 2008	6 August 2008
Andrew Wood	Senior Development Engineer	1 July 2007 - 30 June 2008	18 July 2008
David Yee	Design & Technical Advice Manager (Temp)	1 July 2007 - 30 June 2008	30 September 2008
Allegra Zakis	Senior Environmental Planner - EP	1 July 2007 - 30 June 2008	4 August 2008
Mary Zuber	Environmental Marketing Officer	1 July 2007 - 30 June 2008	12 September 2008

The following Section449 (1) returns have been lodged:

Name	Position Title	Due Date	Date lodged
Mahbub Alam	Environmental Planner	30 September 2008	18 July 2008
Samia Ali	GIS Officer	30 September 2008	30 July 2008
Zukauskas Antanas	Works Coordinator	30 September 2008	30 September 2008
Mark Bakker	Building Approvals Team Leader	30 September 2008	6 August 2008
Peter Browne	Internal Auditor	12 August 2008	1 August 2008
Amanda Burns	Companion Animals Officer	30 September 2008	17 July 2008
Ruth Byrnes	Senior Environmental Planner DA	30 September 2008	18 July 2008
Steven Chong	Senior Environmental Planner DA	30 September 2008	5 September 2008
Judy Cobb	Neighbourhood Facilities Coordinator	30 September 2008	30 July 2008
Teresa Dalton	Environmental Health Officer	30 September 2008	6 August 2008
Sam Darwich	Graduate Environmental Healthy & Building Surveyor	30 September 2008	5 September 2008
Michelle Everingham	Administration Services Supervisor	30 September 2008	30 September 2008
Peter Graham	Works Coordinator	30 September 2008	6 August 2008
Rachel Hannan	Environmental Planner	30 September 2008	16 July 2008
Christopher Hawkins	Surveyor	2 September 2008	6 August 2008
Phil Hendrie	Public Domain Operations Supervisor	30 September 2008	29 July 2008
Sam Innes	Senior Waterways Officer	12 August 2008	18 July 2008
Allison Kyriakakis	Community Safety Coordinator	30 September 2008	30 July 2008
Aimee Lee	Environmental Planner – DA	30 September 2008	6 August 2008
Ryan Maestri	Fire Safety Officer	30 September 2008	6 August 2008
Kristy McCreadie	Senior Environmental Officer	14 August 2008	28 July 2008
Paul Mulley	Senior Sustainability Officer	30 September 2008	30 September 2008
Geoff Payne	OH&S & IM Coordinator	30 September 2008	16 July 2008
Janine Percy	Senior Sustainability Officer	30 September 2008	28 August 2008
Yvonne Perkins	Public Domain Amenity & Safety Manager	30 September 2008	21 August 2008
Kristie Race	Acting Sustainability Education Officer	30 September 2008	30 September 2008
Andrew Robinson	Recreation Manager	30 September 2008	26 September 2008
Mary Thorne	Cemeteries Officer	30 September 2008	31 July 2008
Glen Tuckwell

*Ordinary Meeting*	*13 October 2008*
*The City in its Environment*

*Ordinary Meeting*	*13 October 2008*
*The City as an Economy*

*Ordinary Meeting*	*13 October 2008*
*Appendix 1 - Locality Map*

*Ordinary Meeting*	*13 October 2008*
*Appendix 2 - Site Plan*

*Ordinary Meeting*	*13 October 2008*
*Appendix 3 - Landscape Concept*