Agenda of Ordinary Meeting - 15 December 2008

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 1 DECEMBER 2008 AT 7:37PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Jim Aitken OAM 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 Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, 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.

LEAVE OF ABSENCE

Leave of Absence was requested by Councillor Kevin Crameri OAM for the period 1 December 2008 to 8 December 2008 inclusive.

426 RESOLVED on the MOTION of Jackie Greenow seconded Councillor Greg Davies that leave of absence be granted to Councillor Kevin Crameri OAM for the period 1 December 2008 to 1 December 2008 inclusive.

CONFIRMATION OF MINUTES - Ordinary Meeting - 10 November 2008

427 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 10 November 2008 be confirmed, with the following amendment to QWN 11 on page 11 of the minutes:

The words “Glenmore Park Road” to now read “Glenbrook Street, Jamisontown”

DECLARATIONS OF INTEREST

Councillor John Thain declared a pecuniary interest in Item 18 – WSROC Group Tender for the supply of general hardware products as the Parent Company - Wesfarmers conducts business with his employer. Councillor Thain stated that he would leave the Council Chamber during discussion of this item.

Councillor Ross Fowler OAM declared a pecuniary interest in Item 1 – Penrith City Centre Development Control Plan 2007 and Penrith City Centre Civic Improvement Plan, as he owns property in the area referred to in the report. Councillor Fowler stated that he would leave the Chamber during discussions of this item.

Councillor Ben Goldfinch declared a non pecuniary less than significant interest in Item 1 - Penrith City Centre Development Control Plan 2007 and Penrith City Centre Civic Improvement Plan, as his father owns property in the area referred to in the report but no changes to the planning controls affecting the property were proposed.

Councillor Jim Aitken OAM declared a pecuniary interest in Item 1 – Penrith City Centre Development Control Plan 2007 and Penrith City Centre Civic Improvement Plan and Item 6 – Caddens Release Area Planning Agreement, as he owns property in these areas. Councillor Aitken stated that he would leave the Chamber during the discussion of these items.

SUSPENSION OF STANDING ORDERS

428 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:43pm.

Jacqueline Crompton

Item 9 - Development Application 08/0218 for Telecommunications Facility at No. 162a sixth Avenue, Llandilo Applicant: Daly International Pty Ltd; Owner: Milorad Pirovic and Pirovic Investments Pty Limited.

Jacqueline Crompton, representing the applicant, spoke in support of the application, highlighting the need for a telecommunications facility in this area to improve the current poor and unreliable service presently experienced. Ms Crompton noted that Telstra has considered all other options before submitting this application.

429 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that an extension of time be granted to Ms Jacqueline Crompton, the time being 7:49 pm.

Ms Crompton also emphasised that Telstra takes a precautionary approach to Public Health and Safety, ensuring any emissions from towers come in well under the recommended guidelines. Finally, Ms Crompton stated that Telstra was flexible in its approach and accepted the conditions placed on the proposal and demonstrated the steps Telstra had taken to minimise the impact of the tower.

Michael Farrugia

Michael Farrugia, a relative of affected persons, spoke in opposition to the application. Mr Farrugia raised concerns regarding the effectiveness of the facility and whether it would actually improve the mobile phone service. Furthermore Mr Farrugia expressed concerns to the long term health effects of Mobile phone tower emissions.

Lisa Xuereb

Lisa Xuereb, representing Berkshire Park and Shanes Park Action Group and Llandilo Primary School P & C, spoke in opposition to the application. Ms Xuereb stated that Llandilo was considered by residents to be a rural and not an industrial area. Ms Xuereb raised concerns to the location of the facility as it is in close proximity to a local school, and that there are also plans for another school in the same area in the near future. Ms Xuereb requested Council defer the decision on this proposal until such time that a community meeting can be held with the applicant.

RESUMPTION OF STANDING ORDERS

430 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kath Presdee that Standing Orders be resumed, the time being 8:06pm.

Mayoral Minutes

1 Rugby League celebrated in Penrith

Councillor Mark Davies left the meeting, the time being 8:07 pm

Councillor Mark Davies returned to the meeting, the time being 8:09 pm

431 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Rugby League celebrated in Penrith be received.

2 Mobile Playvan Receives National Recognition

432 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Mobile Playvan Receives National Recognition be received.

3 Australian Council of Local Government meeting

433 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Australian Council of Local Government meeting be received.

Reports of Committees

1 Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 13 November 2008

434 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 13 November, 2008 be adopted, with the addition of Councillor Kaylene Allison to the list of Apologies for this meeting.

2 Report and Recommendations of the Policy Review Committee Meeting held on 17 November 2008

435 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 17 November, 2008 be adopted.

MASTER PROGRAM REPORTS

The City in its Broader Context

436 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that Councillor Jackie Greenow take the Chair for consideration of Item 1.

Having previously declared a pecuniary interest in Item 1, His Worship the Mayor, Councillor Jim Aitken OAM and the Deputy Mayor, Councillor Ross Fowler OAM, left the meeting.

Councillor Jackie Greenow then took the chair for consideration of Item 1, the time being 8:23 pm.

1 Penrith City Centre Development Control Plan 2007 and Penrith City Centre Civic Improvement Plan

437 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Penrith City Centre Development Control Plan 2007 and Penrith City Centre Civic Improvement Plan be received.

2. Council adopt the draft Penrith City Centre Development Control Plan 2007.

3. Penrith City Centre Development Control Plan 2007 takes effect from the date of public notification in a local newspaper.

4. As directed by the Minister for Planning, under clause 94EAA(1) of the Environmental Planning and Assessment Act (1979), Council approve the Penrith City Centre Civic Improvement Plan as a Section 94 Contributions Plan under the Environmental Planning and Assessment Act (1979).

5. Council repeal the existing Penrith City Centre Section 94 Contributions Plan, and the funding deficit from the existing Section 94 Contributions Plan be transferred to the adopted Penrith City Centre Civic Improvement Plan.

6. Penrith City Centre Civic Improvement Plan takes effect from the date of public notification in a local newspaper.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Kaylene Allison
Councillor Robert Ardill
Councillor Greg Davies
Councillor Mark Davies
Councillor Tanya Davies
Councillor Ben Goldfinch
Councillor Jackie Greenow
Councillor Prue Guillaume
Councillor Marko Malkoc
Councillor Karen McKeown
Councillor Kath Presdee
Councillor John Thain

His Worship the Mayor, Councillor Jim Aitken OAM, returned to the Chair, the time being 8:25 pm.

The Deputy Mayor, Councillor Ross Fowler OAM returned to the meeting, the time being 8:25 pm.

The City as a Social Place

9 Development Application 08/0218 for Telecommunications Facility at No. 162a Sixth Avenue, Llandilo. Applicant: Daly International Pty Limited; Owner: Milorad Pirovic and Pirovic Investments Pty Limited DA08/0218

438 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Development Application 08/0218 for Telecommunications Facility at No. 162a Sixth Avenue, Llandilo be received

2. The application for Development Application 08/0218 for Telecommunications Facility at No. 162a Sixth Avenue, Llandilo be approved subject to the following Standard and Special Conditions of Consent:

Standard Conditions

2.1 A001 (Approved plans), A011(Engineering Works DCP), A038 ( Lighting locations),A039 (Graffiti), A046 (Construction Certificate), D001 (Sediment and Erosion), D006 ( o filling without approval), D009 (Covering of waste storage), D010 (Waste Disposal), D014 (Plant & equipment noise),D026( Liquid waste), D027 (SW lines not to be touched), D032 (Mobile phone facilities),(E001 (BCA Compliance) H01F (Stamped Plans/ Site Notice), H002 (All forms of construction), H022 (Survey), H041 (Hours of work), I003 – (h) (Roads Act Approval 1) (delete including stormwater) K026 (Stabilised access) L005 (Planting of plant material), L010 (Retain existing trees) Q01F (Notice of commencement and appointment of PCA), Q05F (Occupation Certificate class 10)

Special Conditions

2.2 Screen planting is to be carried out along the exterior of the fenced compound of the base station to screen the foreground of the structure.

In addition, a strip of indigenous tree species along the eastern boundary shall be planted to minimise visual impact of the proposal as seen from the surrounding areas.

A landscape plan to be prepared in consultation with Council’s Landscape Architect. Details are to be submitted to Council for approval prior to commencement of works.

2.3 The external appearance of the proposed monopole shall be mist green in colour to ensure consistency with the associated antennas. The proposed equipment shelter and perimeter security fence shall be mist green in colour so as to ensure that it will be compatible with the visual amenity of the locality.

2.4 Written certification (or other relevant documentation) may be requested by Council to demonstrate that the Mobile Phone Base Station continues to operate in accordance with the requirements of the relevant government authorities. This certification (or other relevant documentation) is to be provided in writing within 21 days from the date of the request.

2.5 The provision of services, including electricity supply cabling and fibre optic cabling must not result in damage to or the destruction of any trees on the subject site or any adjoining properties.

3. Persons who made submissions in respect of the proposal be advised of Council’s decision in writing.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Jim Aitken OAM
Councillor Kaylene Allison
Councillor Robert Ardill
Councillor Greg Davies
Councillor Mark Davies
Councillor Tanya Davies
Councillor Ross Fowler OAM
Councillor Ben Goldfinch
Councillor Jackie Greenow
Councillor Prue Guillaume
Councillor Marko Malkoc
Councillor Karen McKeown
Councillor Kath Presdee
Councillor John Thain

2 2008 Community Assistance Program Planned Component

439 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow

That:

1. The information contained in the report on the 2008 Community Assistance Program Planned Component be received

2. Council approve funding for the recommended projects and amounts totalling $39,000 from the Planned Component of the 2008 Community Assistance Program as outlined in Table 2 in this report.

4 Australian Government Budget Commitment - Sports and Recreation Facilities

440 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Australian Government Budget Commitment - Sports and Recreation Facilities be received.

2. The Australian Government be notified that Penrith City Council accepts the $5,234,000 commitment to the projects at: CUA Stadium, Penrith Park - $5m; Cook Park spectator seating - $100,000; Jamison Park netball court resurfacing - $84,000; Penrith Waratahs Rugby League Club construction of shade shelters - $50,000.

5 Penrith Park, CUA Stadium - Stage 3, Southern Grandstand and Howell Oval

441 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow

That:

1. The information contained in the report on the current status of the implementation of Penrith Park, CUA Stadium - Stage 3, Southern Grandstand and Howell Oval be received.

2. The project management process for the implementation of Stage 3, being the redevelopment of the Southern Grandstand including utility for Howell Oval, be adopted as follows:

- The existing Penrith Football Stadium Redevelopment Working Party be reconvened and be expanded to include: the Federal Member for Lindsay (or his nominated representative) and two representatives of Penrith Cricket Club.

- Penrith Panthers be appointed as the Project Managers subject to Federal Government approval, and appropriate documentations being agreed.

3. Further reports be presented to Council detailing the scope of work and costs for Stage 3 of the development of Penrith Park – CUA Stadium master plan and Penrith Panthers being appointed as the formal project managers.

23 Reclassification of the Gipps Street site Lot 2 DP81099 (No. 34 - 102) Gipps Street, Claremont Meadows as a Public Reserve

442 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Reclassification of the Gipps Street site Lot 2 DP81099 (No. 34 - 102) Gipps Street, Claremont Meadows as a Public Reserve be received.

2. The Gipps Street site Lot 2 DP81099 (No. 34 – 102) Gipps Street, Claremont Meadows be formally designated as public reserve and classified as community land under the provisions of the Local Government Act. Council also declare the land to be public park.

3. The common seal of the Council of the City of Penrith be affixed to all necessary documentation.

3 Bicentenary of the First Crossing of the Blue Mountains - 2013

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

That:

1. The information contained in the report on Bicentenary of the First Crossing of the Blue Mountains - 2013 be received

2. A cooperative approach to the 2013 celebrations be developed with Blue Mountains and Lithgow City Councils and that meetings be convened with representatives of these Councils to discuss the matter further.

3. If a joint approach from Penrith, Blue Mountains and Lithgow Councils is endorsed, it be proposed that the Mayors of each Council write a joint letter to all local members of parliament requesting support and the identification of possible State and Federal involvement and funding.

4. Council progress its investigations into the funding of a permanent exhibition at the Arms of Australia Inn, in recognition of the first crossing of the Blue Mountains by European Settlers.

7 St Marys Release Area Planning Agreement

Councillor Karen McKeown left the meeting, the time being 8:32 pm.

Councillor Karen McKeown returned to the meeting, the time being 8:35 pm.

444 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that this item be deferred for consideration at the Ordinary Meeting 15 December 2008.

8 Modification to existing 88B restrictions in regards to Asset Protection Zones and Use of Land at Lot 6910 DP 1065455 Osprey Avenue, Glenmore Park. Applicant: Sean Kinsella; Owner: Johanna Kinsella DA02/1778

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

That:

1. The information contained in the report on Modification to existing 88B restrictions in regards to Asset Protection Zones and Use of Land at Lot 6910 DP 1065455 Osprey Avenue, Glenmore Park be received

2. The application be approved, subject to the restriction being modified as follows:

2.1 The restriction on the use of land referred to Eighthly and Ninthly is lifted from Lots 6910 DP 10654552

2.2 A new restriction on the use of land in accordance with Section 88B of the Conveyance Act 1919 is to be imposed requiring dwellings on Lots 6910 be constructed to a Level 3 standard in accordance with AS3959 – 1999

2.3 A new restriction on the use of land in accordance with Section 88B of the Conveyance Act 1919 is to be imposed requiring new dwellings on Lots 6910 to be provided with a minimum 10metre APZ

2.4 No dwelling shall be erected on any burdened lot unless:

· It is erected within the building envelope area identified area as ‘BE’ identified on the diagram on sheet 2 of the plan. The eastern building envelope setback shall be varied to10metres

· Setbacks are in accordance with the requirements of the Eastern Hamlets DCP Amendment albeit verandahs and pergolas will be permitted to encroach 1.5 meters within the front setback area in accordance with Penrith DCP 2000- Single Dwellings (Part5.3) except that such encroachment will not be permitted on Lots 6910

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

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Jim Aitken OAM
Councillor Kaylene Allison
Councillor Robert Ardill
Councillor Greg Davies
Councillor Mark Davies
Councillor Tanya Davies
Councillor Ross Fowler OAM
Councillor Ben Goldfinch
Councillor Jackie Greenow
Councillor Prue Guillaume
Councillor Marko Malkoc
Councillor Karen McKeown
Councillor Kath Presdee
Councillor John Thain

10 Proposed Development Application 08/0576 for a 3 storey commercial building with basement parking at Lot 1 DP 567138 & Lot D DP 153855 (No. 606 - 608) High Street, Penrith. Applicant: Nor'Side Investments Pty Ltd; Owner: Nor'Side Investments Pty Ltd DA08/0576

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

That:

1. The information contained in the report on Proposed Development Application 08/0576 for a 3 storey commercial building with basement parking at Lot 1 DP 567138 & Lot D DP 153855 (No. 606 - 608) High Street, Penrith be received

2. The General Manager’s delegated authority be used to determine the Development Application for a 3 storey commercial building with basement parking at Lot 1 DP 567138 & Lot D DP 153855 (No. 606 – 608) High Street, Penrith once the Civic Improvement Plan for the City comes into effect.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Jim Aitken OAM
Councillor Kaylene Allison
Councillor Robert Ardill
Councillor Greg Davies
Councillor Mark Davies
Councillor Tanya Davies
Councillor Ross Fowler OAM
Councillor Ben Goldfinch
Councillor Jackie Greenow
Councillor Prue Guillaume
Councillor Marko Malkoc
Councillor Karen McKeown
Councillor Kath Presdee
Councillor John Thain

At 8:54 pm, His Worship the Mayor, Councillor Jim Aitken OAM, vacated the Chair, and the Deputy Mayor, Councillor Ross Fowler OAM, took the Chair for consideration of Item 6.

6 Caddens Release Area Planning Agreement

447 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robert Ardill

That:

1. The information contained in the report on Caddens Release Area Planning Agreement be received.

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

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

4. Further information be provided to Councillors on the preparation of a plan of management, and related funding arrangements, for the proposed Environmental Conservation zone.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Kaylene Allison
Councillor Robert Ardill
Councillor Greg Davies
Councillor Mark Davies
Councillor Tanya Davies
Councillor Ross Fowler OAM
Councillor Ben Goldfinch
Councillor Jackie Greenow
Councillor Prue Guillaume
Councillor Marko Malkoc
Councillor Karen McKeown
Councillor Kath Presdee
Councillor John Thain

His Worship the Mayor returned to the Chair at 8:59 pm.

The City In Its Environment

11 Parking of Vehicles for Sale on Road Verges and Naturestrips

448 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch that the information contained in the report on Parking of Vehicles for Sale on Road Verges and Naturestrips be received.

The City Supported by Infrastructure

12 Cumberland Zone Rural Fire Service Headquarters

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

That:

1. The information contained in the report on Cumberland Zone Rural Fire Service Headquarters be received.

2. Authority be given to the Waste and Community Protection Manager to sign the necessary documentation to define and co-share the annual operating costs of the Zone Rural Fire Service headquarters in the terms of this report, including $26,400 in compensation for the licence fee.

3. The licence fee in the licence agreement be reduced to $1.00.

16 Tender Reference 02-08/09 Supply & Delivery of One (1) Dual Control Suction Street Sweeper

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

That:

1. The information contained in the report on Tender Reference 02-08/09 Supply & Delivery of One (1) Dual Control Suction Street Sweeper be received

2. An order be placed with Schwarze Industries Australia Pty Ltd for the supply and delivery of a model A6500XL Road Sweeper for the lump sum purchase cost of $245,950

3. The existing unit to be replaced is returned to Schwarze Industries Australia Pty Ltd as a trade in at a value of $65,000 to be offset against the capital cost of the new unit.

13 Funding Offer from the Roads & Traffic Authority for Implementation of 40km/h High Pedestrian Activity Area Scheme in Penrith CBD

451 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Funding Offer from the Roads & Traffic Authority for Implementation of 40km/h High Pedestrian Activity Area Scheme in Penrith CBD be received.

2. A further report be presented to Council investigating additional alternative options for addressing pedestrian safety in the Penrith CBD.

14 Region 1 Proposed Bus Network Review

Councillor Greg Davies left the meeting, the time being 9:10 pm.

Councillor Jackie Greenow left the meeting, the time being 9:16 pm.

Councillor Jackie Greenow returned to the meeting, the time being 9:18 pm.

Councillor Greg Davies returned to the meeting, the time being 9:19 pm.

452 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kath Presdee

That:

1. The information contained in the report on Region 1 Proposed Bus Network Review be received.

2. The Design & Technical Advice Manager be authorised to finalise the submission on the “Region 1 Proposed Bus Network” generally in accordance with the issues as identified in the report, and that Council strongly expresses its disappointment that Penrith City Council was not included in consultations about changes to existing bus routes, given Councils provision of supporting infrastructure and planning decisions for the future.

3. The State Government be referred to the recommendations of the Penrith Integrated Transport and Land Use Strategy (PITLUS) report.

15 Transport Summit

Councillor Prue Guillaume left the meeting, the time being 9:31 pm.

Councillor Prue Guillaume returned to the meeting, the time being 9:33 pm.

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

That

1. The information contained in the report on Transport Summit be received.

2. The proposed Transport Summit be timed so as to take advantage of the availability of guest speakers and/or outcomes of the Urban Transport Forum being held in February 2009.

Leadership and Organisation

Having previously declared a pecuniary interest in Item 18, Councillor John Thain left the meeting, the time being 9:37 pm.

18 WSROC Group Tender for the supply of general hardware products

454 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on WSROC Group Tender for the supply of general hardware products be received

2. The tender from J Blackwood & Son Ltd (also t/a A E Baker & Co Pty Ltd) be accepted on the basis of a unit price agreement for a period of 3 years with provision for rise & fall.

Councillor Kath Presdee left the meeting, the time being 9:37 pm.

Councillor John Thain returned to the meeting, the time being 9:38 pm.

17 Tender Reference 19-07/08 Provision of Catering Services

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

That:

1. The information contained in the report on Tender Reference 19-07/08 Provision of Catering Services be received

2. The tender from All In Good Taste Catering by Italia be accepted for a period of 2 years from 17 February 2009 with an option to extend the agreement for a further 2x1 year periods (following a satisfactory trial period of 6 months) subject to satisfactory ongoing performance.

19 Agreement with Blacktown City Council - IT Capability

456 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on Agreement with Blacktown City Council - IT Capability be received.

20 Provision of Insurance Brokerage and Claims Management Services

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

That:

1. The report on the provision of insurance brokerage and claims management be received

2. Westpool be delegated authority to undertake a review of our insurance broker and claims management team on council's behalf and

3. The results and recommended tenders be submitted back to council for approval.

21 Council Property - Electricity Easements at Wallacia Bushfire Brigade, Lot 422 DP 706223, Park Road, Wallacia

458 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robert Ardill

That:

1. The information contained in the report on Council Property - Electricity Easements at Wallacia Bushfire Brigade, Lot 422 DP 706223, Park Road, Wallacia be received

2. Council grant Integral Energy an Easement for Padmount Substation 3.8m x 5.5m and a Restriction on Use of Land immediately surrounding the substation to a measurement of 6.105m x 9.18m over Lot 422 DP 706232, Park Road, Wallacia.

3. Council grant Sydney Water an Easement for Electricity Purposes one metre wide over Lot 422 DP 7906232, Park Road, Wallacia.

4. Council accept compensation from Sydney Water in the amount of $45,000 for the two easements described in recommendations 2 and 3 above plus disturbance of $5,000 which totals to $50,000 (excluding GST).

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

22 Preparations and Financial Settings for the 2009-2010 Management Plan

Councillor Kath Presdee returned to the meeting, the time being 9:39 pm.

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

That:

1. The information contained in the report on Preparations and Financial Settings for the 2009-2010 Management Plan be received.

2. Council make initial identification of particular matters to be considered in the preparation of the Draft 2009-2010 Management Plan.

3. Preparation of the Draft 2009-2010 Management Plan continue in the terms discussed in this report.

24 Regional & Local Community Infrastructure Program

460 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Regional & Local Community Infrastructure Program be received

2. The identified projects be approved for submission.

3. Prior to any expenditure on the UWS Hockey upgrade, Council be provided with a Management Plan detailing the ongoing operation of the facility.

4. Council write to the Federal Member for Lindsay and lobby for an additional $200,000 in Federal funding for the upgrade of the UWS Hockey Facility.

QUESTIONS WITHOUT NOTICE

QWN 1 Provision of Pedestrian Crossing - Lavin Crescent, Werrington

Councillor Ben Goldfinch requested memo reply seeking provision of a pedestrian crossing and traffic control measures at Lavin Crescent, Werrington.

QWN 2 State Government decision concerning provision of railway station at University of Western Sydney (Werrington Campus)

Councillor Mark Davies requested a report to Council detailing the impacts of the recent decision by the State Government not to proceed with the railway station at UWS Werrington, in particular the impact on the WELL precinct.

QWN 3 Re-assessment of approval for tree removal - 41 Ladbury Avenue, Penrith

Councillor Mark Davies requested that Council reconsider the assessment of this tree in light of an arboricultural report which recommends the tree be removed.

QWN 4 Closure of Southlands Pharmacy

Councillor Robert Ardill requested a memo reply concerning how Council can assist a resident who has an existing insurance account with this pharmacy that will close, to transfer his account to another pharmacy.

QWN 5 Pedestrian Crossing – Corner of Evans Street and The Crescent Road, Lemongrove

Councillor Ross Fowler OAM requested a memo reply detailing the removal of the pedestrian crossing at the corner of Evans Street and The Crescent, Lemongrove, and that information be provided on options that can be implemented to enhance pedestrian safety at this location.

QWN 6 "Steamroller Park" - Letter from St Joseph's Primary School, Kingswood, Class 4MS

Councillor Ross Fowler OAM requested a memo reply and that a letter be forwarded to class 4MS at St Joseph’s Primary school responding to their request for the advanced provision of further playground equipment for the newly named “Steamroller Park” in Victoria Street, Cambridge Park.

QWN 7 Mayoral Minute - Rugby League celebrated in Penrith

Councillor Ross Fowler OAM requested that Council send a letter of congratulations to the participating teams and to Panthers for the success of the carnival.

QWN 8 Library Services - South Penrith Library Closure

Councillor Jackie Greenow requested a report to Council detailing alternative options regarding the South Penrith Library Closure and provision of library services in general.

QWN 9 Belar Place Carpark, St Marys

Councillor Jackie Greenow requested a memo reply detailing the laws in relation to parking in carparks with no designated signage or line marking. Also requesting that an estimate of the cost of linemarking carspaces in this carpark be provided for possible funding from voted works.

QWN 10 Park Naming - Kevin Dwyer OAM

Councillor Jackie Greenow requested a report to Council regarding the possibility of naming the park between Collins Street and Inglis Avenue, St Marys after the late Kevin Dwyer OAM.

QWN 11 South Penrith Library Construction

Councillor Karen McKeown requested a report to Council detailing the possibility of constructing a stand alone building or extending the existing community centre to provide ongoing library services in South Penrith. The report also to provide costings and the payback period for such a project.

QWN 12 Carport Application - Meadowview Way, Werrington Downs

Councillor John Thain requested a memo reply detailing Council requirements for constructing a carport.

QWN 13 Tree Preservation

Councillor John Thain requested a report to Council detailing how inappropriate trees on local residences can be dealt with.

QWN 14 Timeframe for completion of footpaths – Oxley Park

Councillor Greg Davies requested a memo reply providing information on the expected time frame for completion of foot paving works in Canberra, Melbourne and Brisbane Streets, Oxley Park, including the provision for disabled access points on Desborough Road, St Marys.

Committee of the Whole

461 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:04 pm.

Councillor Karen McKeown left the meeting the time being 10:04 pm.

1 Presence of the Public

CW1 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill that the press and public be excluded from Committee of the Whole to deal with the following matters:

City as a Social Place

2 Commercial Matter - St Clair Tennis Courts, Cook Parade - Surrender of Lease

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

Leadership and Organisation

3 Commercial Matter - Sale of Closed Road Part Melville Road, St Clair to the Adjoining Owner

Leadership and Organisation

4 Commercial Matter - Council Property - Lease of Shop 12 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.

Leadership and Organisation

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

6 Personnel Matter - Novated Leases

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

City In Its Environment

7 Property Matter

The meeting resumed at 10:15 pm and the General Manager reported that the Committee of the Whole met at 10:04 pm on 1 December 2008, the following being present

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

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

CONFIDENTIAL BUSINESS

2 Commercial Matter - St Clair Tennis Courts, Cook Parade - Surrender of Lease

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

CW2 That:

1. The information contained in the report on Commercial Matter - St Clair Tennis Courts, Cook Parade - Surrender of Lease be received.

2. Tony Podesta School of Tennis be notified that the lease can be surrendered with immediate effect and that the appropriate legal process should be pursued.

3. All costs, including Council’s legal costs, associated with the surrender of the lease be the responsibility of Tony Podesta School of Tennis.

3 Commercial Matter - Sale of Closed Road Part Melville Road, St Clair to the Adjoining Owner

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

CW3 That:

1. The information contained in the report on Commercial Matter - Sale of Closed Road Part Melville Road, St Clair to the Adjoining Owner be received.

2. Council agree to the sale of the redundant section of Melville Road St Clair to be closed to the adjoining owner in accordance with Conditions 1 – 6 as outlined in the summary of the report.

3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect the sale and transfer.

4 Commercial Matter - Council Property - Lease of Shop 12 at Cranebrook Village Shopping Centre

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

CW4 That:

1. The information contained in the report on Commercial Matter - Council Property - Lease of Shop 12 at Cranebrook Village Shopping Centre be received.

2. Council grant Mr Adam a 5 year lease with an option to renew for a period of 5 years over Shop 12 at Cranebrook Village Shopping Centre, in accordance with the terms and conditions outlined in the report.

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

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

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

CW5 That:

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

2. The Property Development Manager and Legal and Governance Manager be given authority to enter into negotiations to settle the matter.

Councillor Karen McKeown returned to the meeting, the time being 10:05 pm.

6 Personnel Matter - Novated Leases

RECOMMENDED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM

CW6 That:

1. The information contained in the report on Personnel Matter - Novated Leases be received

2. A further report on this matter be presented to a future Councillor Briefing.

7 Property Matter

RECOMMENDED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown

CW7 That:

1. The information contained in the report on this Property Matter be received.

2. Council agree to the proposals as outlined in the report.

3. Councillors Jim Aitken OAM, Ross Fowler OAM, John Thain and Greg Davies be members of the proposed Working Party.

ADOPTION OF Committee of the Whole

462 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the recommendations contained in the Committee of the Whole and shown as CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 10:22 pm

*Ordinary Meeting*	*15 December 2008*
*The City Supported by Infrastructure*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 1 December, 2008

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Karen McKeown – Representative for the Member for Mulgoa, Acting Sergeant Nadine Willis – Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, David Drozd – Senior Traffic Engineer, Daniel Davidson – Road Safety Co-ordinator, Layth Al Hassani – Industrial Work Placement

IN ATTENDANCE

Ron Watson – Westbus, Noel Fuller – Co-ordinator, Ranger Services

APOLOGIES

Councillor Greenow.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 November 2008

The minutes of the Local Traffic Committee Meeting of 3 November 2008 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 Local Traffic Committee - Meeting Dates for 2009

LTC Comment

Council’s Road Network Services Engineer suggested that the meeting scheduled for 2 November 2009 be reviewed closer to that date due to there being only three weeks between the October and November meetings. The review would consider whether the 2 November 2009 meeting will be held, based on the number of reports to be considered by the Committee.

RECOMMENDED

That:

1. The information contained in the report on Local Traffic Committee - Meeting Dates for 2009 be received.

2. The above dates be confirmed for 2009, with the exception of 2 November 2009 which is to be advised.

2 Borrowdale Way, Cranebrook - Request for Provision of Pedestrian Crossing Facility

RECOMMENDED

That:

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

2. A project for a pedestrian refuge in Borrowdale Way, Cranebrook be entered into Council’s Traffic Facility Prioritisation process and when the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to prepare a design plan of the proposed facility, with a further report submitted to the Local Traffic Committee after public consultation for design plan finalisation and endorsement.

3. Councillor Thain be advised.

3 Station Street, Penrith - Request for Provision of Part-time Bus Zone

RECOMMENDED

That:

1. The information contained in the report on Station Street, Penrith - Request for Provision of Part-time Bus Zone be received.

2. The part-time ‘Bus Zone (10:00pm to 4:00am Friday to Sunday)’ be installed on the western side of Station Street for a total length of 9m and positioned 25m from the nearest point of the intersection with Jane Street (ie, from the southern kerb line on Jane Street). This site is to remain as ‘No Stopping’ at all other times.

3. The installation be on a trial basis until the end of April 2009, with operating hours signposted as Friday to Sunday from 10:00pm to 4:00am.

4. The existing ‘No Stopping’ zone at this location be preserved and signposted either side of the part-time Bus Zone.

5. Police Licensing Officers and the Licensee of the Red Cow Hotel be advised of Council’s resolution.

6. A further report be submitted to the Local Traffic Committee following the trial period detailing the outcomes of the trial and to review whether the part-time Bus Zone should remain in place.

4 Castlereagh Street & Stafford Street, Penrith - Proposed Provision of Roundabout

RECOMMENDED

That:

1. The information contained in the report on Castlereagh Street & Stafford Street, Penrith - Proposed Provision of Roundabout be received.

2. Design Plan No. AC251 be finalised and endorsed for construction with funding available under the 2008/2009 National Black Spot Program.

5 'Give Way' & 'No Stopping' Signage - Blanket Approval in Penrith LGA

RECOMMENDED

That:

1. The information contained in the report on 'Give Way' & 'No Stopping' Signage - Blanket Approval in Penrith LGA be received.

2. The matter be deferred pending advice from the Roads and Traffic Authority.

6 Clairgate Primary School - Request for Provision of 'Bus Zone'

RECOMMENDED

That:

1. The information contained in the report on Clairgate Primary School - Request for Provision of 'Bus Zone' be received.

2. A 17m length of ‘Bus Zone’ be installed in Colorado Drive starting 10m north of Boston Place, St Clair.

3. 10m of ‘No Stopping’ be installed on Colorado Drive, St Clair north from the prolongation of the kerb of Boston Place, and in Boston Place (north side) 10m from the prolongation of the kerb of Colorado Drive.

4. Clairgate Primary School and Westbus be advised accordingly.

GENERAL BUSINESS

GB 1 Australia Day Event – Monday, 26 January 2009 (Raised Council)

Council has received an application in the form of a Traffic Management Plan (TMP) from the Sydney International Regatta Centre (SIRC), Penrith, to hold an Australia Day event on Monday, 26 January 2009. This event has been held in previous years and is organised by Penrith City Council.

The event is proposed to begin at 6:00am and finish at 9:30pm, and will be wholly contained within the SIRC. The event is expected to attract up to 40,000 patrons to the site (throughout the total event period), predominantly family groups.

There are a number of events occurring throughout the day, and it is anticipated that there will be up to 12,000 people at the venue at the peak time.

From 6:00pm there will be an ingress of vehicles to the Premier’s Function which commences at 7:00pm at the restaurant on the island at SIRC. These vehicles will enter SIRC via Gate E and park along the Media Road, and will depart via Gate E to Cranebrook Road. The Fireworks Finale will commence at 9:00pm and finish at 9:15pm. A band will play from 9:15pm to 9:45pm to retain some of the crowd and slow the movement of people from the venue at the end of the event.

It is anticipated that there will be a maximum of 3,000 vehicles on site at any one time, with people coming and going throughout the day. With suitable weather conditions, most of the above will be parked on site. Two accessible buses will transport people to the event from Penrith Railway Station. One shuttle bus will operate from the northern side of Penrith Railway Station between 6:00am and 10:30pm. A second shuttle bus will operate between 4:00pm and 10:30pm. There will be two bus pick up points on road, being on Old Castlereagh Road near Leland Street and Andrews Road near Castlereagh Road. These points are provided to transport people who park on street some distance from the entrance to the main gate. A trackless train will operate internally at the venue (from the carparks to the P3 turning area) throughout the day from 6:00am to 10:30pm. A mini bus will be provided on Media Road at 6:00pm for the Premier’s Function guests.

Penrith Police and the Roads and Traffic Authority (RTA) have been actively involved in the planning process of the event, with Highway Patrol Police being in contact with the RTA to resolve first hand any traffic congestion issues that may arise. The peak ingress of people and vehicles is expected to occur between 9:00am and 1:00pm, with the egress being after 9:15pm.

RECOMMENDED

That:

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

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

3. SIRC be advised of Council’s resolution.

GB 2 Queen Street, St Marys – Existing Pedestrian Blister Islands (Raised Council)

Council has received representations from Councillor Tanya Davies on behalf of shop owners in Queen Street, St Marys, concerning a series of near misses where pedestrians step in front of vehicles near number 88 Queen Street, St Marys.

There is an existing pedestrian blister crossing point provided near number 88 Queen Street that consists of kerbside blister islands. This crossing point is not a formalised marked crossing and hence pedestrians should give way to vehicles before crossing.

Shop owners near the islands have advised that on many occasions pedestrians step out in front of vehicles and recently a series of near misses have occurred.

In June 2008 Council accepted an offer from the Roads and Traffic Authority (RTA) to engaged a consultant to prepare a study for a 40km/h High Pedestrian Activity Area (HPAA) Scheme for St Marys CBD. This study was undertaken by a consultant and recommended many upgrades in the St Marys CBD, including the upgrade of the subject blister island crossing to a full-time raised pedestrian crossing.

The report has been submitted to the RTA by Council with a request that the RTA provide funding towards the upgrade of the facilities as outlined in the study. To date no response has been received from the RTA. A further report will be submitted to the Committee once a reply has been received.

Given that there has been a high rate of pedestrian crashes in Queen Street over the last five years, it is considered that signs should be installed at the blister island crossing advising ‘Pedestrians Give Way to Vehicles’ similar to those in High Street, Penrith. This signage can remain in place until further upgrades are made to the location as approved by the RTA as part of the 40km/h HPAA Scheme.

RECOMMENDED

That:

1. ‘Pedestrians Give Way to Vehicles’ signs be installed on the western and eastern sides of the blister island crossing near 88 Queen Street, St Marys.

2. Councillor Tanya Davies be advised of Council’s resolution.

GB 3 Mulgoa Road/Spencer Street/School House Road, Mulgoa – Intersection Upgrade (Raised Council)

Council’s Road Network Services Engineer tabled a community update newsletter distributed by the Roads and Traffic Authority (RTA) outlining details for an intersection upgrade at Mulgoa Road/Spencer Street/School House Road, Mulgoa. The RTA is proposing to provide right-turn slip lanes from Mulgoa Road into Spencer Street and School House Road.

The project is currently under community consultation until 13 February 2009.

RECOMMENDED

That the information be noted.

GB 4 Timesweep Drive, St Clair – Proposed Full Road Closure (Raised Council)

Council’s Road Network Services Engineer advised the Committee of a proposal by Council’s City Works Department to rebuild a retaining wall in Timesweep Drive, St Clair, between Harvey Circuit and New Moon Place. These works will require the full closure of this section of Timesweep Drive (for vehicles and pedestrians) from 5 January 2009 to 26 January 2009, between 7:00am-4:00pm Monday to Friday (during school holidays).

RECOMMENDED

That the information be noted.

There being no further business the Chairperson declared the meeting closed, the time being 10:15am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 December, 2008 be adopted.

*Ordinary Meeting*	*15 December 2008*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 3 December, 2008

PRESENT

Councillor Jackie Greenow (Chair), Councillor Robert Ardill, Councillor Prue Guillaume, Michael Morris, Ronda Hopkins, Tricia Hitchen, Denise Heath, John Farragher, Sherille Stephens (5.25pm).

IN ATTENDANCE

Allison Cattell, Environmental Planner; Erich Weller, Community and Cultural Development Manager; Joe Ibbitson, Community Program Co-ordinator; Vanessa Muscat, Environmental Health and Building Surveyor; Hans Meijer, Asset Systems Engineer; Glen Tuckwell, Building Projects Co-ordinator.

All the meeting participants introduced themselves. Councillor Greenow advised that the Councillors had agreed to alternate chairing the meetings.

APOLOGIES

Apologies were accepted from Ben Felten, Steve Barratt.

CONFIRMATION OF MINUTES - Access Committee Meeting - 6 August 2008

The minutes of the Access Committee Meeting of 6 August 2008 were confirmed.

DECLARATIONS OF INTEREST

No declarations of interest.

MASTER PROGRAM REPORTS

The City as a Social Place

1 Development Application referral to the Access Committee

DA08/1176 Unit 2/58-60 Plasser Crescent, St Marys

Allison Cattell introduced the report and advised that the development application was for an interior fitout of an existing factory unit for use as a production office, first aid room and learning and development office for Thorndale. An accessibility report had been provided for this development.

The committee expressed concern regarding the width of the access ramps and doors. It was noted that Council has limited capacity to influence further amendments as the proposed development is an interior fitout.

DA08/1161 47-49 Rance Road, Werrington

Allison Cattell advised that the development application is for refurbishment of an existing education and training centre. The upgrades will be constructed to Australian standards and an access report has been provided.

Committee members expressed concern regarding:

· the position of the male disabled toilets

· the doors to the female disabled toilets

· access to the toilets for people in wheelchairs who need support

· a 750ml door being too small

· swivel door or a sliding cavity door on disabled toilets

Vanessa Muscat explained that the building will be constructed to the Australian Standards. It is difficult for us to ask a customer to go beyond the Australian Standards. The architect will show more technical detail in the specifications.

Vanessa Muscat advised that at the DA stage conditions of consent can be applied. At the construction certificate stage we can ask for more detailed information.

Vanessa Muscat explained that the Australian Standard permits sliding doors and also the type of doors which are in the plans. Council can make a recommendation to the developer but cannot enforce it. We can attach as a condition of consent but cannot make them change the style of door. Vanessa Muscat also explained BCA requirement for having an airlock and two doors.

DA08/1205 227 Seventh Avenue, Llandilo

Allison Cattell advised that the demolition of the existing building and refurbishment would comprise three new buildings and associated car parking. The upgrades will be constructed to Australian standards and a comprehensive accessibility report has been provided. The grades from the carpark to the building are proposed to be accessible. A lift is proposed to service basement level through to the first floor.

Concern was expressed regarding:

· no ramp to the junior school C.O.L.A (ground floor plan north east corner)

Allison Cattell advised she would take this matter on notice and have it resolved by condition or prior to construction certificate.

Vanessa Muscat advised that at Lobby 2 the northern side gradient changes to 10ml and will need to be a ramp - 1 in 8 grade less than 2m long.

DA08/1108 180-184 Swallow Drive, Erskine Park

The development application is the proposed erection of a supermarket with associated signage and car parking.

Council officers have identified an issue in the plans – pedestrian access from Swallow Drive to the building. The applicant will provide for this in an amended design.

Issues of concern raised were:

· the amount of car parking spaces

· only six disabled parking spots

Allison Cattell agreed to bring the car parking issue to the attention of the relevant Council officer for assessment.

DA08/1223 Late Report - 56 Second Avenue, Kingswood

Allison Cattell presented the report which is the proposed erection of seven student accommodation buildings with an associated common room facility.

Allison Cattell advised that the development would be in three stages and this is the first stage. It is temporary student accommodation, the buildings are permanent. There has been an accessibility report submitted in support of the application.

Councillor Greenow enquired if this application would be dealt with under delegated authority or whether it would be a report to the 15 December Council meeting. Vanessa Muscat advised that it is on the list to be assessed under delegated authority while Council is on recess.

Vanessa Muscat advised she had identified that the kitchen facility needed to be accessible. It would also be ensured that there is access to the common laundry facilities. Of the 109 rooms four are accessible. Vanessa Muscat offered to send the access report to committee members.

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

2 2008/09 Disability Access Improvement Program

Joe Ibbitson explained that Council has had a Disability Access Improvement Program since 1993 to focus attention on making Council services and facilities more accessible. The original budget for this program was $125,000 and it has continued with an annual budget of $25,000. Joe Ibbitson read through the list of proposed projects for 2008/09.

Councillor Ardill asked what the terms MLAK and TTY referred to.

It was advised that MLAK is a Master Locksmith Access Key. The MLAK is a master key that fits into specially designed locks allowing 24 hour a day access to public toilets. Eligible people who have written authority can purchase a key that opens all accessible toilets displaying the MLAK symbol.

TTY is a text telephone system where people who are hearing or speech impaired can send messages via SMS instead of talking on the phone. People can type messages back and forth to one another instead of talking and listening.

Ronda Hopkins advised that it is difficult to use the MLAK key sometimes because the lock is too close to the doorframe.

Vanessa Muscat advised that the lock and hardware is set out in the Australian Standards.

Sherille Stephens said that not all the doors have a little metal bar on them. Vanessa Muscat advised that most of the locks have been retrofitted because there has been vandalism.

Erich Weller informed members that Council adopted a program to renew public toilets and asked if this could be accommodated in that program. This will be followed up with the relevant Manager.

Joe Ibbitson explained that W3C is the world standard guidelines for access on webpages, e.g. fonts.

Councillor Guillaume asked when the Disability Action Plan Stage 2 would be on line. Joe Ibbitson advised that the finalised draft will be available early next year. It will then go on exhibition and be completed before the end of the current management plan period.

There was discussion around funding for the rural fire buildings. It was explained that Council contributes towards the upgrading of the building and this leverage generates funding from other sources which speeds up the work.

John Farragher asked if there was a process to make changes to the Australian Standards.

Vanessa Muscat explained that the Building Code of Australia refers to the Australian Standards document. Australian Standard is a fine line of accessibility. Building Code of Australia is the framework. The Australian Standards were put under review four years ago and Council made a submission.

Councillor Greenow asked Vanessa Muscat to provide a report to the next meeting outlining the process for making a committee submission to the Australian Standards Board.

Vanessa Muscat advised that the process for an individual is to lodge a grievance with HREOC.

Erich Weller drew the committee’s attention to page 26 of the business paper, Current Joint Government Actions sixth point down – The Access to Premises Standards being developed under the Disability Discrimination Action 1992.

Joe Ibbitson stated that although they refer a lot to the standards the Access Committee has been very strong on lifting the standards. Council tries to negotiate, influence and persuade developers to include above the required standards.

Vanessa Muscat suggested that maybe the Access Committee could develop a standard for Penrith Council. It was suggested to speak to the Strategic Team about developing a policy.

Joe Ibbitson undertook to speak to the Strategic Team and if possible come back to the next Access Committee with further information.

RECOMMENDED that the information contained in the report on 2008/09 Disability Access Improvement Program be received.

Allison Cattell left the meeting at 6.25pm.

3 International Day of People with Disability 2008

Joe Ibbitson advised that the International Day of People with a Disability celebration was held in the Nepean Room this morning. The Mayor launched three posters which were developed in partnership with NADO, AFFORD and PDRC. Approximately 180 people attended the event which was very well received.

Denise Heath said that Penrith Council should be congratulated on the leadership role they took with this event.

Discussion was held regarding the NADO signing choir and the singer on the day.

Councillor Greenow advised that Peter Leek won eight medals in the Paralympics which is more than any able bodied athlete.

RECOMMENDED

That:

1. The information contained in the report on International Day of People with Disability 2008 be received.

2. All those individuals and organisations, including NADO, AFFORD, PDRC and Terry McCallum from Looks, be thanked for their assistance with the IDPWD 2008 project.

4 Developing a National Disability Strategy for Australia

Erich Weller advised that the discussion paper was distributed as part of the Access Committee orientation kit. The report is a summary of the commitment by the Federal and State governments to develop a joint strategy that will enhance inclusion of people with a disability in the broader community and provide additional resources to enable that to happen. The Strategy will include a vision, a set of principles, a series of outcomes and actions. The report also lists the key points the Access Committee could possibly make in the discussion paper. Council has an extension until 22 December for the submission to be lodged. The feedback report is expected to be available in early 2009. The National Disability Strategy is expected to be released in mid 2009.

Councillor Guillaume enquired if the appointment of Access Committees by Councils is compulsory. Erich Weller advised that they are not a compulsory requirement. Councillor Greenow added that not all Access Committees report back to Council.

Erich Weller drew the Committee’s attention to the Current Joint Government Actions in Attachment 2 on page 26.

RECOMMENDED

That:

1. The information contained in the report on Developing a National Disability Strategy for Australia be received.

2. The Committee support the broad direction of the submission to the “Developing a National Disability Strategy for Australia” discussion paper as outlined in this report.

5 2008 Nepean Disability Expo

Joe Ibbitson advised that the Nepean Disability Expo is held over two days at the end of October, alternating on an annual rotating basis between Penrith and Hawkesbury local government areas. This year the Expo was held in the Panthers Pavilion, the cost of which was donated as part of the partnership between NADO, AFFORD, Cumberland Industries, Panthers and Council. NADO had the lead role of organising the Expo.

Over 80 stallholders and exhibitors displayed their goods and services. Up to 3,000 people attended the event over the two days.

An evaluation was undertaken at the end of the program to generate suggestions for improvement in future events.

The excellent work of all the partners was commended.

Denise Heath advised that the event was very successful, achieved its outcomes and aroused a lot of interest in the community.

RECOMMENDED that the information contained in the report on 2008 Nepean Disability Expo be received.

GENERAL BUSINESS

GB 1 Front Cover of Access Committee Business Paper

Denise Heath asked if the logo on the front of the business paper could be more reflective of the broader scope of the committee. It was agreed that Denise Heath would liaise with others and contact Joe Ibbitson with suggestions for an alternative cover.

GB 2 Companion Card

Joe Ibbitson handed out information for carers of people with a disability on the Companion Card NSW which will be ready to launch in 2009.

GB 3 DA Referral Procedures Powerpoint Presentation

Vanessa Muscat handed out hard copies of Steve Barratt’s Powerpoint presentation which was presented to the Access Committee orientation. Vanessa Muscat advised that an electronic copy can be distributed if required.

GB 4 Media Release – Commonwealth State Disability Agreement

Michael Morris informed the Committee of a media release stating that the Commonwealth State Disability Agreement had been signed off with $5.3 million over the next three years.

GB 5 Wall of Achievement Carers Award

Councillor Greenow informed members of the Carer category of the Wall of Achievement Awards. Councillor Greenow suggested Committee members keep this in their minds as very few applications are received in this category. It is a very good way of honouring and thanking someone for their work.

Tricia Hitchen asked if the applications were accessible. Councillor Greenow advised that someone within Council would be able to fill in the application if the applicant was unable to.

Councillor Greenow wished all the Committee members a Merry Christmas.

There being no further business the Chairperson declared the meeting closed the time being 6.48pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 December, 2008 be adopted.

*Ordinary Meeting*	*15 December 2008*
*The City as a Social Place*

The City as a Social Place

Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval practice wickets.

Compiled by: Hans Meijer, Acting Parks Construction and Maintenance Manager

Andrew Robinson, Recreation Manager

Authorised by: Andrew Robinson, Recreation Manager

Requested By: Councillor Ross Fowler OAM

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 advise Council of a proposal from Nepean District Cricket Association to replace a synthetic cricket wicket with a turf wicket at Jamison Park Field No. 5 and install practice wickets at Dukes Oval. The report recommends that the information regarding the development of a new turf wicket at Jamison Park No.5 and practice wickets at Dukes Oval be received.

Background

During the course of the last 18 months the Nepean District Cricket Association (NDCA) has completed a number of projects across the City which have contributed to a significant upgrade of cricketing facilities at Council reserves and ovals, improving both player and spectator amenity. The following projects have been funded by the Nepean District Cricket Association:

Installation of 17 sun shelters at grounds utilised by NDCA $22,500

Construction of an equipment shed at D’Arcy Smith Oval $27,800

Purchase of sight boards $12,000

Pitch resurfacing work at Shaw Park $17,000

Installation of fence at Shaw Park ($4,000) $2,000 (Council $2,000)

Dukes Oval and Blue Hills Oval General Repair ($4,000) $2,000 (Council $2,000)

Total $83,300

Previously, NDCA has contributed $50,000 to redevelopment of the Dukes Oval Pavilion.

Current Situation

Representation from NDCA has been received outlining future cricket projects for the City that would create facilities which will allow junior players to make the transition into representative cricket as well as to create a district and, hopefully, regional facilities.

The proposals are to build a fourth turf wicket table at Jamison Park Field No.5 and to create an 8 lane turf practice facility at Dukes Oval. It is the intention of NDCA that these projects are completed in partnership with Cricket NSW, Penrith Junior Cricket Association (PJCA) and Penrith City Council.

Jamison Park Field No.5 – Turf Wicket Table

The proposed location of the new turf wicket table is adjacent to the existing synthetic wicket at Jamison Park Field No.5 and will not encroach on the designated playing and training area of the Penrith District Junior Football Association (PDJFA), who also use this area of the park. The PDJFA have been consulted and are not opposed to this proposal if access to and use of the field does not impact on their operations. At this stage there is no indication that there will be an impact.

It is the intention that the existing synthetic wicket will be removed should the turf wicket be constructed. The NDCA has proposed to undertake the project in conjunction with the Penrith PJCA.

The NDCA has advised Council Officers that the estimated cost of construction of a turf wicket table, a secure building, ancillary work (e.g. removing the existing synthetic wicket) as well as purchase of necessary grounds maintenance equipment and sightscreens is $110,000.

Dukes Oval Practice Wickets

The headquarters of NDCA is located at Dukes Oval, Emu Plains. Given that this venue already has the key elements, an excellent wicket table, dressing rooms and amenities, viewing area and catering capability, the NDCA has identified that there is the potential to develop a district and, potentially, regional cricket academy at the site.

To this extent it has been identified that 8 practice wickets need to be built at the Southern end of the Oval. Accompanying the construction of these wickets, it is the intention to install an appropriate irrigation system as well as secure portable cabinets to store the practice nets.

The practice wickets will be located and constructed so as not to affect the Australian Rules Football which is currently played on the oval during winter.

The quotations received by NDCA indicate that the total cost of the Dukes Oval project, as described, will be $106,000.

Strategic Need

Development of another turf wicket table at Jamison No. 5 and the practice wickets at Dukes Oval will undoubtedly benefit the sport of cricket in the City and will provide the opportunity to prepare junior players for representative cricket which is played on turf wickets. Currently there are turf wickets in the City at Howell Oval, Dukes Oval, Cook Park, Shaw Park, Rance Oval, and D’Arcy Smith Oval. NDCA operate at Dukes Oval, D’Arcy Smith, and Shaw Park. All of the turf wicket cricket facilities in the City are well used, and NDCA have indicated that the locations that they utilise are already at capacity.

Council’s District Open Space Development Contribution Plan which was established based on recommendations outlined in Council’s adopted Recreation Strategy (as part of the Peoples Lifestyles and Aspirations Study) does identify locations for additional cricket facilities. The existing Gipps Street master plan and the Glenmore Park Stage 2 Section 94 Plan both include the provision for future cricket facilities, although it hasn’t been determined whether these will be synthetic or turf wicket tables. It will be a minimum of two years before any type of cricket pitch is constructed at either of these facilities.

Proposed Project Funding

To complete the identified projects at Jamison No. 5 and Dukes Oval, based on quotations provided, will cost $216,000. NDCA have indicated that they are confident that $60,000 can be raised through their existing Association funds, additional fund raising and seeking a contribution from PJCA. The NDCA have also submitted a Capital Assistance Program grant application to the NSW Department of Sport and Recreation for $30,000, the maximum allowed under this program.

There is a significant shortfall between funds currently available and the total budget required to achieve both projects. NDCA have indicated that they are seeking funds from Cricket NSW and have been verbally advised that Cricket NSW are willing to potentially commit to the project should Council choose to provide a contribution to these projects. It has been indicated that there could be $60,000 available from Cricket NSW.

In summary, to achieve the $216,000 project the identified, but not committed, funding potentially available is:

- Cricket Associations $60,000

- Capital Assistance Program $30,000 (to be confirmed)

- Cricket NSW $60,000 (Dependent on matching Council funds)

Total $150,000

For the total proposed project there is therefore a budget shortfall of $66,000. It is understood that the two projects are interdependent providing the opportunity for both training and playing on turf wickets. Ideally, therefore, both projects should be developed at the same time. The NDCA have requested that Council consider contributing the $66,000 to enable the project to progress.

Maintenance and Management of Cricket Facilities

Maintenance and management of cricket facilities in the City is undertaken through cooperation between the relevant associations and Penrith City Council. Penrith Grade Cricket Club are currently allocated an annual subsidy of $63,140 for the maintenance and preparation of turf wickets at Howell Oval, Rance Oval and Cook Park.

The NDCA receives an annual subsidy for the maintenance and preparation of their allocated turf wickets. In 2007/08, the approved increased subsidy to NDCA given by Penrith City Council increased from $32,100 to $42,390, funded through the existing Parks Construction and Maintenance Operational budget. The NDCA have expressed that they would require Council to increase this subsidy for them by $10,000 to be able to curate the additional turf wicket table at Jamison No. 5 and the practice wickets at Dukes Oval.

NDCA have confirmed that they are willing to provide management of the proposed new turf wicket and have suggested that they have the capacity to look after this pitch to the appropriate standards, as well as the other three turf wicket tables. A written agreement will be required with NDCA about their responsibility for their long term management and maintenance of this facility should it be constructed.

The additional $10,000 required does not take into consideration staff costs should the work need to be undertaken through the parks operational staff. A further cost that cannot be quantified at this stage is the likelihood of damage to the wicket tables. In particular, Jamison No.5 is in a highly utilised area of the park, does not benefit from a fence surrounding it, and is furthest from public surveillance and closest to the trees near Racecourse Road.

Finally, water is required to maintain the proposed turf wicket. Selected fields within Jamison Park are currently watered with irrigated water from the Nepean River. Water supply to the turf wicket table will require the extension of the existing irrigation system.

If there is to be an increase in subsidy to NDCA for the maintenance of the turf wicket table a suitable written agreement with NDCA needs to be established identifying their long term responsibility for maintenance and management of the facilities. Within this management agreement provision will be made for use of the new turf wicket table by PJCA.

Financial Services Manager’s Comments

NDCA contributions to cricket facilities across the Penrith LGA have enabled projects to be implemented which Council has not had the budget to undertake in the required timeframes. Furthermore, it is understood that the financial resources that have been provided by NDCA have been supplemented by an unquantified number of hours of volunteer work to implement the projects and maintain the facilities.

Council currently makes an annual contribution of $42,390 to NDCA for grounds maintenance.

The proposed projects appear to offer cricket the opportunity to provide development opportunities for players from the Penrith area as well as the wider region. However, this will require a contribution from Council of $66,000 to address the identified shortfall in NDCA’s funding strategy and an additional $10,000 per annum thereafter for grounds repair and maintenance. There is no identified funding available at this time within Council’s capital or operating budgets. For Council to make this contribution then funds will need to be diverted from other capital and operational programs.

Summary

The provision of turf wicket tables in the City undoubtedly provide benefits for the development of player skill levels, particularly those that progress to representative cricket. NDCA, PJCA and Penrith Cricket Club currently provide excellent care and management of the existing turf wickets through the dedication and many unpaid hours of work by their volunteer committees, effective utilisation of Council’s subsidies and working in partnership with Council’s operational teams.

There is no doubt that the management and maintenance models which exist at the moment can be replicated should the projects outlined in this report be constructed. The development of a turf cricket wicket table is feasible at the identified site in Jamison Park, and this can be made possible should NDCA be able to acquire the funds for the whole project and an operational budget is made available for the facility’s ongoing maintenance and management.

If both the capital and operational budgets do not become available ground sharing at other turf cricket wicket facilities in the City will need to be considered. There also remains the potential to develop turf wickets at Gipps Street, Glenmore Park Stage 2, or as part of the Caddens Release Area with AFL already indicating that, should they be considered as a user group at these facilities they are willing to develop a partnership with Cricket NSW, to explore joint project development, resourcing and ground sharing.

RECOMMENDATION

That the information regarding the development of a new turf wicket at Jamison Park No.5 and practice wickets at Dukes Oval be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*15 December 2008*
*The City as a Social Place*

The City as a Social Place

Penrith Valley Regional Sports Centre - Facility Development

Compiled by: Andrew Robinson, Recreation Manager

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 provide details of a request from Penrith Valley Regional Sports Centre (PVRSC) for financial assistance from Council which will allow the venue to address refurbishment needed to the building so that it meets current Building Code of Australia standards and, also, adds value to the Centre through provision of additional facilities. The report recommends that the information contained in the report be received, Council allocate $850,000 from the 2009-2010 Building Asset Renewal Program to PVRSC subject to a funding agreement being signed with PVRSC, and Council's Recreation Manager, in consultation with Council's Legal and Governance Manager, be authorised to enter into the funding agreement with PVRSC.

Background

The Penrith Valley Regional Sports Centre (PVRSC) was opened in 1989 as a four-court facility and in 1999 was extended to a six court multi-purpose facility. Managed by Penrith Valley Regional Sports Centre, a not-for-profit organisation, under a lease of 99 years from Penrith City Council, the facility accommodates approximately 5,000 patrons per week from all age groups and socio economic backgrounds.

Since 1989 the venue managers have expanded both the range and status of activities available and the facility is now hosting an extensive range of activities, programs and events including basketball, netball, volleyball, indoor soccer (NSW futsal), yoga, pilates, martial arts, indoor hockey, church services, trade shows, and exhibitions.

Most notably the centre is now providing programs which allow for casual participation as well as the potential for users to progress from the fun participation level, through a skills development stage, upwards to a performance level and ultimately into representative sport at the elite athlete level. PVRSC currently works with, as examples; the University of Western Sydney, Basketball Australia and Basketball NSW; Netball NSW; Football NSW (futsal); Penrith Basketball Association and the Australian All-schools Championships for Public and Independent Schools. Furthermore PVRSC has hosted Western Sydney Razorback National Basketball League games, the Women’s National Basketball League Grand Final, and the National U18 Championships (in 2000) among others.

The facility will be 20 years old next year and maintenance and repairs have been undertaken throughout this period by both the Centre Management and Penrith City Council. Reports to Council have raised the issue of the long-term maintenance and renewal of this facility. Council has assisted the PVRSC with the maintenance of the facility over the years by providing car park maintenance works, installation of car park lighting, repairs to the floors of Courts 3 and 4 by contributing $25,000 from voted works and, a 3-year interest free loan from the Building Asset Renewal Program. Council is also guarantor of a $900,000 loan from Westpac that PVRSC is currently servicing. The loan was taken out in 1998 by PVRSC for the purpose of extending the facility.

This maintenance has been sufficient for the centre to operate but, in a number of instances, the condition of the building has prevented the facility from maximising its full potential.

Current Situation

Building Condition

In October 2007, Council’s Asset Systems Engineer and Building Projects Coordinator undertook an assessment of the building, car park, car park lighting and boundary fencing to determine the level of works required to bring the building and surrounds to an acceptable standard.

Since this assessment, an audit has been conducted to establish whether the facility meets current Building Code of Australia (BCA) standards. It has been estimated, through consultant’s reports, that $600,000 will be required to ensure the building meets current BCA standards. This $600,000 will make the building compliant with current BCA standards but will not add to the amenity. PVRSC has been given a timeframe of between 3 -12 months for rectification of identified building defaults that do not meet current BCA standards, depending on the critical rating of the issue.

The urgency to ensure the building is compliant with BCA standards is exacerbated by the fact that PVRSC has been selected to host the World Masters Games basketball tournament in October 2009 which, not only will be a prestigious event, but will contribute significantly to the success of the stadium’s business plan.

Strategic Need for the Facility

Strategically, Penrith Valley Regional Sports Centre has a key role to play in meeting facility demand locally and regionally for sports facilities, can contribute to the further development of Penrith as a Regional City, and will provide a service to developing communities within the centre’s immediate catchment area. Other strategic points to note are:

i) Recognised as a Regional City there is a demand upon Penrith to be a ‘focal point for regional transport and jobs and also have a full range of business, government, cultural, entertainment and regional activities.

ii) Penrith Valley Regional Sports Centre is an important sports facility within the Penrith Local Government Area, Western Sydney and the Greater Sydney Basin with a limited supply of multi-court sports hall facilities.

Basketball Australia has stated:

‘A proposed extension and upgrade would make the facility attractive to run events such as National Junior Championships, which would involve 30 teams playing a week long tournament. Whilst the National U18 Championships were hosted in the venue in 2000, the proposed maintenance and upgrade would make it a much more attractive venue for such events.’

Basketball NSW has stated:

‘The current facility has reached capacity and now finds growing pressures demanding an upgraded and flexible centre. The air conditioning of the venue will increase its capacity to be flexible for events in November – February.’

Football NSW has stated:

‘The Football NSW Futsal Department would welcome an upgrade of the facility as it would enable us the opportunity to explore the possibility of holding future competitions in the Penrith Region if such a venue were made available to us. I particularly have in mind our State Championships of which we are required to hold 470 games of Futsal over two weekends. A bigger venue would also give an opportunity for our State and Premier League teams to book court time for ‘home games’ each alternate Saturday.’

iii) The facility has been identified within Council’s District Open Space Developer Contributions Plan with an allowance for extensions to the stadium, providing an additional court and seating and an allocation of $2m identified for these works.

iv) PLANS – Recreation and Cultural Facilities Strategy identified, through a number of surveys and consultations with sports organisations, that there is a gap in the provision of indoor facilities where they can train, compete and hold district level events. A proposed action of the study was to investigate the feasibility of a multi-purpose indoor recreation, sporting and cultural centre large enough to cater for district and regional activities such as concerts, community events, netball, gymnastics, table tennis, fencing, trampolines and futsal.

v) There are also planned and current developments in close proximity to PVRSC such as Ropes Creek Housing Estate, Werrington Enterprise Living and Learning (WELL) precinct and Caddens release with an expected increase of population by 18,000 people in PVRSC’s immediate catchment. This will contribute to an overall expected population growth to approximately 220,000 in 2021 for Penrith.

Recognising the potential strategic importance of this site, Penrith Valley Regional Sports Centre is preparing a facility plan which identifies a suggested schedule of improvements which seeks to address the BCA compliance issues at the stadium as well as add value to the amenity and, through providing enhanced facilities, generate income and stay ahead of the competition.

Budget for the Development of the Facility

There is an initial draft concept master plan for PVRSC which architects have indicated will cost $6m to achieve. It is the intention of PVRSC to implement the redevelopments in stages as funds become available. To achieve the desired first stage redevelopment project, based on current estimates, a scheme of $1.7m can be developed which will allow PVRSC to meet BCA standards and provide additional amenity.

The NSW Department of Sport and Recreation (DSR) has proposed that it is willing to loan PVRSC $1.5m, at a favourable interest rate, for stadium enhancements. The $1.5m will be utilised to ‘pay out’ PVRSC’s current $900,000 Westpac loan with the remainder being available for refurbishment work at the stadium. It has been indicated to PVRSC that this loan is conditional on a suitable business plan and facility plan being made available to DSR and, also, that the Council will be making a contribution to any future project. The Federal Government has recently allocated $250,000 to PVRSC for sports hall floor replacement and is included in the $1.7m scheme.

For Stage 1, and to meet the BCA standards, the amalgam of $600,000 from DSR and $250,000 from the Federal Government means that there is an $850,000 shortfall. Currently, the PVRSC do not have this budget available with PVRSC’s reserves being utilised to engage an architect to complete the master plan as well as submit the necessary Development Application. The remaining PVRSC budget, which is minimal, is to be retained as contingency funds for emergency and unforseen operational needs at the facility.

PVRSC is therefore seeking assistance from Council to make a contribution to the redevelopment of the facility on the basis that this will act as a lever to unlock the DSR funding stream and will enable the shortfall to be overcome. If financial assistance is to be provided by Council a funding agreement will need to be signed between Council and PVRSC which will require a business plan to be supplied by PVRSC, and which also specifies a scope of works for the project that addresses all current BCA non-compliance issues, project methodology and payment schedule. Should there be no external funding made available, PVRSC will not be able to fund BCA compliance.

If the budget is made available for Stage 1 this could be used as leverage in any subsequent bid for funds from other grants or budgets. In particular, with $1.7m in place, and a further $2m identified for the development of an additional court in the District Open Space Section 94 Developer Contributions Plan, this could be used as ‘match funding’ to access a grant from the Federal Government’s Regional and Community Infrastructure Program for projects over $2m. The deficit to accomplish the overall master plan of $6m would be $2.2m.

In consideration of allocating Council budget to PVRSC it should be noted that Council is not the owner of the facility and that the Stadium is built on land that is leased by Penrith City Council to the PVRSC. Furthermore, the PVRSC is currently servicing a loan for extensions to the centre that were undertaken in 1998, of which Council is the guarantor. PVRSC has paid off a three-year interest free loan of $25,000 from Council in 2005 for repairs to the stadium floor. The PVRSC General Manager and Board Chairperson have advised that the centre has been able to service all of its commitments and at the same time maintain the centre assets to a safe playing standard.

Financial Services Manager’s Comment

Currently no scope exists within the 2008-2009 budget for these works. Although works on this facility had not been originally included in the Building Asset Renewal Program it is proposed that $850,000 of next year’s program be reallocated, during the up coming management plan development process, to this project as Council’s contribution. This will enable the Stage 1 work to be completed including all compliance work. It is noted that this reallocation will result in work that had been originally identified in the Building Asset Renewal Program being delayed.

Council’s contribution will be paid direct to the PVRSC following the funding agreement being finalised. Should any of Council’s contribution be required prior to 1 July 2009 it is proposed that these amounts would be funded by a loan against internal reserves to be repaid in 2009-2010.

Conclusion

It is apparent that the Penrith Valley Regional Sports Centre has the capacity to fulfil a recreational need from community participation in sport to elite performance if the necessary upgrades are undertaken. Redevelopment will also provide the City with a facility and programs that can contribute to fulfilment of a number of tasks and actions within Council’s strategic management plan and other strategies, including: marketing, recreation provision, health, community development and community safety among others.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Valley Regional Sports Centre - Facility Development be received.

2. Council allocate $850,000 from the 2009-2010 Building Asset Renewal Program to PVRSC subject to a funding agreement being signed with PVRSC.

3. Council’s Recreation Manager, in consultation with Council’s Legal and Governance Manager, be authorised to enter into the funding agreement with PVRSC.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*15 December 2008*
*The City as a Social Place*

The City as a Social Place

Establishment of Alcohol Free Zones and Alcohol Free Areas

Compiled by: Allison Kyriakakis, Community Safety Co-ordinator

Authorised by: Yvonne Perkins, Public Domain Amenity and Safety Manager

Strategic Program Term Achievement: A community safety plan, building on a partnership with police, the community and other stakeholders is in place and supported by Council’s programs.

Critical Action: Contribute to improved real and perceived levels of public safety across the City by implementing enhanced public space maintenance and agreed physical treatments using Crime Prevention through Environmental Design principles.

Purpose:

To recommend to Council the establishment of Alcohol Free Zones and Alcohol Free Areas in identified public spaces in the Penrith Local Government Area, in accordance with the adopted Alcohol Free Public Spaces Policy. The report recommends that Council approve the establishment and or re-establishment of Alcohol Free Zones and establishment of Alcohol Free Areas at the locations identified in the report.

Background

Penrith City Council is responsible for the management of a large number of public spaces, including parks, sporting fields, reserves, roads, car parks and footpaths, and has a commitment to ensure these spaces are safe, well-utilised and well-maintained.

Council, through the Penrith Valley Community Safety Plan 2007-2011, reinforces this commitment by working closely with key stakeholders, including local Police, to implement strategies to address priority issues and enhance community safety, including issues of harassment and antisocial behaviour.

The majority of Council’s public spaces are safe and experience minimum levels of antisocial behaviour and/or alcohol-related incidents. However, consultations with St Marys and Penrith Police and community reporting indicate that there are a small number of locations within the Penrith Local Government Area which experience alcohol-related incidents and antisocial behaviour, particularly at night. This includes a number of identified parks, reserves, open space, sporting ovals, car parks, roads and footpaths.

To minimise these issues and promote responsible social behaviour, it is proposed that Council utilise provisions under Sections 644 and 632 of the Local Government Act 1993 to establish Alcohol Free Zones and Alcohol Free Areas at locations in the Penrith Local Government Area where it is determined there is a need for such action.

The establishment of Alcohol Free Zones and Alcohol Free Areas aims to minimise issues including antisocial behaviour, malicious damage and noise concerns at the targeted locations, and would also assist Police in their efforts to respond to incidents as they occur.

Alcohol Free Public Spaces Policy

At its Policy Review Meeting on 17^th November 2008, Council agreed to adopt the Alcohol Free Public Spaces Policy as a framework for the implementation and/or suspension of designated areas within the Penrith Local Government Area where the consumption and/or possession of alcohol is prohibited.

The policy supports a proactive approach to provide safe, well presented open space for the community to enjoy.

The Policy details the procedures to be followed for the implementation of Alcohol Free Zones and Alcohol Free Areas in accordance with New South Wales Ministerial Guidelines and legislation under Sections 632 and 644 of the Local Government Act 1993.

Alcohol-Free Zones

The Local Government Act 1993, Section 644, provides Councils with the ability to establish Alcohol Free Zones for the purpose of prohibiting the consumption of intoxicating liquor in certain areas.

The Zones are established through consultation with the Police and community for a maximum of three (3) years.

An Alcohol Free Zone may only be established to include a public road or a public place that is a car park (private car parks, reserves and private premises are not included).

Council has previously established Alcohol Free Zones at a number of locations throughout the Penrith LGA that have recently expired and require review. These locations are as follows:

1. The area of Queen Street, St Marys, extending from the Railway Station to Nariel Street.

2. The public car park adjacent to Parklawn Park on Wattle Lane, North St Marys.

3. The area of Wattle Street, Willow Street and Willow Lane, being public roads that are adjacent to Parklawn Park, North St Marys.

4. The public car park adjacent to the St Clair Recreational Centre, bounded by Autumnleaf Parade, Timesweep Drive and Botany Lane.

5. The public car park adjacent to Victoria Street Community Cottage, Harold Corr Hall, Yoorami Child Care Centre and Before & After School Care, Cottage Street, Werrington.

6. The public car park adjacent to Werrington Downs Neighbourhood Centre, Brookfield Avenue, Werrington Downs.

7. The public car park within Peppertree Reserve, Swallow Drive, Erskine Park.

8. The public car park adjacent to Erskine Park Community Hall, Peppertree Drive, Erskine Park.

9. The public car park adjacent to the Mark Leece Sporting Complex, Endeavour Avenue, St Clair.

10. The area bounded by Hewitt Street, Jensen Street, Willoughby Street and Albany Lane, Colyton, being public streets.

11. High Street, Penrith, between Station Street in the West and Doonmore Street in the East.

12. Station Street, Penrith, between High Street and Union Road.

13. The public car park known as Union Place (between Station Street and Worth Street, Penrith).

14. Station Street, Penrith, between Belmore Street and Henry Street.

15. Belmore Street, Penrith, between Riley Street and Station Street.

16. The area between Lawson Street and Station Street, Penrith, known as Allen Place and Edwards Place Car Parks.

17. The area bounded by Lawson Street, Henry Street, Evan Street and High Street, Penrith, being public streets.

18. The area bounded by Union Lane, Station Street, The Broadway and Woodriff Street, Penrith, being public streets.

19. The area bounded by Park Street, Lawson Street, Pyramid Street (between the Great Western Highway and Lawson Street), and the Great Western Highway (between Pyramid Street and Park Street), Emu Plains, being public streets.

It is recommended that Alcohol Free Zones be re-established in each of these locations to continue to promote responsible social behaviour in these designated public spaces. Penrith and St Marys Police have been consulted and are supportive of the re-establishment of Alcohol Free Zones at these locations.

In addition to the abovementioned Alcohol Free Zones, Penrith and St Marys Police have recommended the establishment of new Alcohol Free Zones at a number of newly identified locations, including:

1. Bennett Road, Endeavour Avenue, St Clair Avenue and Blackett Close, surrounding Mark Leece Sporting Complex, St Clair being public streets.

2. Oxford Street, Barry Street, Eton Road and College Street surrounding “Cambridge Park” being public streets.

3. The public car park adjacent to Cambridge Park Community Hall, Oxford Street, Cambridge Park.

4. Victoria Street, Parks Avenue and Albert Street adjacent to Rance Oval, Werrington being public streets.

5. The public car park adjacent to Werrington Lake, Burton Street, Werrington.

6. The public car park within Rance Oval, Werrington.

7. Great Western Highway between Bringelly Road and Somerset Street, Kingswood, being public streets.

8. The public car park within the Roper Road Soccer Fields, Roper Road, Colyton.

9. The public car park located next to Melrose Hall, Emu Plains, on the corner of the Great Western Highway and Park Street, Emu Plains.

10. Soper Place Public Car Park, Penrith.

11. Station Street, Penrith between High Street and Henry Street.

12. The public car park behind the PCYC, Station Street Penrith.

13. Venness Place Public Car Park, St Marys.

14. Parklawn Place, North St Marys

15. The public car park adjacent to Blue Hills Oval, Glenmore Park.

16. The public car parks within and adjacent to Ched Towns Reserve, Glenmore Park.

These locations have been identified based on Police statistics and levels of reporting regarding alcohol-related issues.

Procedure for establishing Alcohol Free Zones

Council is required to follow procedures documented in Ministerial guidelines for the establishment of Alcohol Free Zones.

The procedures include:

1. Advertising of the proposed locations and requesting community comment

2. Advising holders of liquor licenses adjacent to intended Zones

3. Advising Local Police Commanders

4. Consultation with community groups

5. Advising the Anti-Discrimination Board of the intention to establish the Zones

6. Consideration of any representations made in respect of the establishment of the Zones.

As mentioned earlier in this report, Council has consulted with St Marys and Penrith Local Area Commands who have supported the establishment of Alcohol Free Zones and Alcohol Free Areas at each of the abovementioned locations.

Following approval of the proposed Alcohol Free Zones, advertisements will be placed in local media inviting community comment on the proposed zones. Correspondence will also be sent to local licensed venues adjacent to the proposed zones; community groups; and the Anti-Discrimination Board seeking comment.

Alcohol Free Areas

Under the Local Government Act 1993, Alcohol Free Zones can only be established in public roads, car parks and footpaths. In other open public spaces such as parks, reserves and sporting ovals, Council can make it illegal to consume or possess alcohol by erecting a notice in accordance with Section 632 of the Local Government Act – Acting Contrary to Notices. These areas are referred to as Alcohol Free Areas.

Following consultation with St Marys and Penrith Local Area Commands, and representations to Council, it is recommended that Alcohol Free Areas be established in the following locations:

1. Poplar Park, Poplar Street, North St Marys.

2. Roper Road Soccer Fields, Roper Road, Colyton.

3. The reserve located on Lennox Street, Colyton.

4. Open space on the eastern side of Bennett Road, St Clair, leading up to Reddington Avenue and Diamantina Close.

5. Mark Leece Oval, St Clair.

6. Open space surrounding and adjacent to St Clair Recreation Centre, St Clair Community Health Centre and Autumnleaf Neighbourhood Centre.

7. The open space and sporting ovals bounded by Oxford Street, Barry Street, Eton Road and College Street, Cambridge Park.

8. Ched Towns Reserve, Glenmore Park.

9. Victoria Park, St Marys.

10. The reserve located on the corner of Sherringham Road and Ironbark Street, Cranebrook.

11. Open space surrounded by Borrowdale Way, Sherringham Road, McHenry Road, Grey Gums Road and Cranebrook High/Braddock Public Schools.

12. Sporting Complex and Ovals, Andrews Road, Penrith.

13. Open space bounded by Woodriff Street, Derby Street, The Broadway and Station Street Penrith.

14. Blue Hills Oval, Glenmore Park.

15. Open space known as “Werrington Creek Park” surrounded by Victoria Street, Cottage Street, Burton Street, Herbert Street and Shore Street, Werrington, including Werrington Lake, Harold Corr Oval and Shore Park.

16. Rance Oval, Werrington.

17. Red Cross Park, Kingswood.

18. Kokoda Park, St Marys.

19. Open space surrounded by Denver Road, Colorado Drive and Diamantina Close, St Clair

Each of these locations has been identified through an analysis of Police statistics and levels of reporting from residents and Council staff regarding alcohol-related incidents and antisocial behaviour at these locations.

Procedure for establishing Alcohol Free Areas

Under Section 632 of the Local Government Act 1993 – Acting Contrary to Notices, there are no guidelines which require Council to undertake community consultation with regard to the establishment of Alcohol Free Areas.

However, under its Alcohol Free Public Spaces Policy, Council has made a commitment to consult with all stakeholders regarding the establishment of Alcohol Free Areas in local parks, reserves, open space and sporting ovals. This includes local Police, sporting clubs, neighbouring residents and licensed venues adjacent to the proposed Alcohol Free Area.

Following approval of the proposed Alcohol Free Areas listed in the report, correspondence will be sent to various stakeholders including sporting groups, licensed venues adjacent to the proposed areas, and neighbouring residents inviting comment on the proposed establishment of the Alcohol Free Areas.

Unlike Alcohol Free Zones which operate 24 hours per day, Alcohol Free Areas can have specified times in which they are in effect. These times will be determined in consultation with the Police and relevant stakeholders. As the majority of alcohol related and antisocial behaviour generally occur late at night, it is anticipated that the majority of Alcohol Free Areas will operate between the hours of 10pm and 8am. In some instances Alcohol Free Areas may operate 24 hours per day similar to Alcohol Free Zones where there is evidence of daytime drinking, e.g., open space between the Penrith Senior Citizens Centre, Penrith & Judges Place Car Park (refer proposed alcohol free area number 13).

Alcohol Free Areas will be reviewed every (3) three years, as per the timeframe for Alcohol Free Zones. This will ensure a consistent approach to managing both Alcohol Free Zones and Alcohol Free Areas, and will assist in evaluating their effectiveness in minimising alcohol-related antisocial behaviour at each of the locations.

RECOMMENDATION

That:

1. The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Free Areas be received.

2. Council approve the establishment and re-establishment of Alcohol Free Zones and the establishment of Alcohol Free Areas at the locations identified in this report.

ATTACHMENTS/APPENDICES

There are no attachments for this report

*Ordinary Meeting*	*15 December 2008*
*The City as a Social Place*

The City as a Social Place

St Marys Release Area Planning Agreement

Compiled by: Tony Crichton, Senior Environmental Planner

Authorised by: Mark Broderick, Acting Environmental Planning Manager

Strategic Program Term Achievement: Timely delivery of services to new release areas is being secured.

Critical Action: Prepare and implement services and infrastructure delivery plans for each new release area that ensures that the early establishment of services and facilities match community needs.

Purpose:

To outline a proposed Planning Agreement for the St Marys Release Area to achieve delivery of a range of community facilities and other infrastructure works. The report recommends that Council endorse finalisation and public notification of the Planning Agreement and related Deed of Variation. The report also recommends that the Planning Agreement be signed and take effect from the date of adoption of the Precinct Plans for the Central and Western Precincts.

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

Executive Summary

Delfin Lend Lease (Delfin) is developing the St Marys Release Area. Delfin is currently undertaking development of the Ropes Crossing Precinct in Blacktown LGA for approximately 2,000 houses and a Precinct Plan has been approved by Penrith Council for a range of employment uses on the Dunheved Precinct.

In April 2008, Council resolved to publicly exhibit draft Precinct Plans for the Western and Central Precincts of the St Marys Release located in Penrith LGA. The plans provide for the delivery of approximately 3,000 new houses with neighbourhood shopping and commercial facilities, recreation and open space areas and a consolidated employment area located within the Central Precinct. The exhibition has recently concluded and we are currently assessing submissions with a view to reporting our assessment to Council in the 2009. The report outlined the proposed commitments advanced by Delfin to be included in a Planning Agreement for the delivery of community facilities and other infrastructure required for the development.

A Planning Agreement and a related Deed of Variation (to the existing endorsed Planning Agreement for the Dunheved Precinct in the St Marys Release Area) are currently being finalised and will shortly be ready for public notification.

The report seeks Council’s agreement to endorse and publicly notify the Planning Agreement and related Deed of Variation.

This report was previously presented to Council at its last Ordinary Meeting of 1 December, where it was resolved to defer consideration of the matter to tonight’s meeting, to allow consideration of a late submission delivered to Councillors which raised certain matters regarding environmental outcomes and planning process. We have provided an overview in this report of the matters raised in those submissions. This later section of the report explains that the matters raised in the late submission are, and will be, most appropriately considered as part of the assessment and reporting of the Precinct Plans for the Central and Western Precincts. That report will be brought back to Council in early 2009.

Given the importance of having the Planning Agreement in place at the time of adoption of the Precinct Plans, it is considered prudent to maintain the current planning timetable of placing the planning agreement on public notification and adoption while we assess submissions in relation to the Precinct Plans. This is the sequence that Council typically follows in the making of Local Environmental Plans (LEPs), Developer contributions Plans (Section 94s) and Planning Agreements.

To ensure consistency of planning outcomes, this report also recommends that the Planning Agreement take effect from the date of adoption of the Precinct Plans for the Central and Western Precincts.

A plan showing the Precincts of the St Marys Release Area is attached.

Background

In June 2003, the Minister for Western Sydney declared the Eastern, Dunheved North and Dunheved South Precincts to be the Stage 1 Release Areas for the St Marys Release. The Eastern Precinct Plan was subsequently adopted by Blacktown City Council on 4 February 2004 and construction of that development, known as Ropes Crossing, is now well under way.

In December 2006 Council adopted the Precinct Plan for the South Dunheved Precinct which provided for around 12 hectares of employment land within the Penrith section of the release area. At the same time, Council adopted a Planning Agreement for this area which provided a range of local transport works including upgrading of the principal access roads surrounding the site, local open space works and stormwater drainage infrastructure required to support the development. The drafting of this Planning Agreement contemplated that there would be further agreements required for the delivery of works to support the Western and Central Precincts which could be added at a later date.

On 25 July 2008 Delfin Lend Lease (Delfin) submitted the draft Western and Central Precinct Plans to Council. At Council’s Policy Review Committee meeting held on 28 April 2008, a presentation was provided to Councillors by Delfin on the two draft Precinct Plans. Council resolved that the draft Western and Central Precinct Plans be publicly exhibited in accordance with the provisions of Sydney Regional Environmental Plan No 30 – St Marys (SREP 30). The public exhibition has recently concluded and we are currently assessing submissions.

Following negotiations with Delfin, an Outline Planning Agreement was submitted to Council in early October 2008 as an interim step in the development of a formal Planning Agreement for the Western and Central Precincts. The Outline Planning Agreement, which was included with the public exhibition material for the draft Western and Central Precinct Plans, incorporated a range of district, neighbourhood and local parks, pedestrian and cycle pathways, landscaping treatments, water management and creek line improvements, multi-purposes community resource centres including a temporary neighbourhood centre, library contribution and funding for community development worker, a community bus and community initiatives.

This report outlines the elements intended to be included in the final Planning Agreement for the Western and Central Precincts.

Planning Agreement Content

Council has previously entered into a Planning Agreement with Delfin in relation to the South Dunheved Precinct in the St Marys Release and a Precinct Plan has been formally adopted to enable development of this area to proceed. It is proposed that this Planning Agreement (the St Marys Penrith Planning Agreement), which covers a range of terms and provisions relevant to development across the rest of the St Marys Release in Penrith LGA, be varied in order to accommodate the facilities and infrastructure required to support the Western and Central Precincts. A new Planning Agreement and a Deed of Variation to the existing St Marys Penrith Planning Agreement have been drafted and are currently being finalised.

The proposed Deed of Variation lists the specific variations and additions that will be made to the existing St Marys Penrith Planning Agreement to include proposed work schedules, delivery timing, and contributions for the Western and Central Precincts. Those works and contributions are derived from Council’s sustainability Blueprint for Urban Release areas and other adopted benchmarks. The works and contributions include -

Open Space Works – Western Precinct

Includes delivery of a district park (5.5ha), a neighbourhood park (2.5ha), a local park (1 ha), eight pocket/other parks (0.7-1.7ha), a pedestrian and cycle path, and a Landscape Masterplan.

Open Space Works – Central Precinct

Includes delivery of a neighbourhood park (3.5ha), a local park (1.2ha), two pocket parks (0.7and 0.6ha), two corridor parks (0.7 and 0.5ha), a pedestrian and cycle path, and a Landscape Masterplan.

Human Services Works – Western Precinct

Includes delivery of a multi-purpose community resource centre, a temporary neighbourhood centre, a library contribution, a community initiatives fund, funding for a community development worker and a community bus.

Human Services Works – Central Precinct

Includes delivery of a community activity centre, a temporary neighbourhood centre, a library contribution, a community initiatives fund and funding for a community development worker.

District Open Space Contribution

Delfin will contribute $11,705,850 for the establishment of District Open Space in accordance with Council’s adopted City-wide District Open Space Development Contributions Plan. That Plan identifies the opportunity for the establishment of a multi-sports facility located adjacent to the Central Precinct in the St Marys Release Area. Delfin will contribute $6.834M to the establishment of this facility. The balance can potentially be available for the establishment of district open space facilities elsewhere in the City.

Cultural Facilities Contribution

Delfin will contribute $676,400 for cultural facilities development in accordance with Council’s adopted City-wide Cultural Facilities Development Contributions Plan.

Community Facilities Studies

Delfin will contribute $20,000 towards studies to determine characteristics and needs / preference of the community.

Better Outcomes Clause

The Planning Agreement is based on an underlying objective to deliver a minimum base-line level of facilities. This is consistent with the approach Council has taken with other release areas in the City. However, it has been identified that given the length of time over which the St Marys estate will develop in Penrith (up to 13 years) and the potential for community needs to change over that time, the opportunity to consider ‘better outcomes’ for the delivery of community facilities should be available. This could potentially be achieved in a number of ways such as shared use of facilities, integrated service delivery, flexibility in design, or co-location of facilities contributions allocated to a mix of capital and recurrent costs. With this process in mind, a ‘better outcomes’ clause is proposed to be incorporated into the Agreement to enable Delfin and Council to consider and negotiate alternative facility delivery opportunities should they arise.

Planning Agreement Finalisation and Operation

A Planning Agreement and Deed of Variation to the existing Agreement endorsed by Council, have been submitted for consideration and are now being finalised. The nature of the Planning Agreement is a contractual relationship between Delfin and Penrith City Council for the delivery of a range of open space works and contributions, human service facilities and contributions, pedestrian and cycle-way paths, water management / drainage facilities and creek-line enhancements for the Western and Central Precincts.

After endorsement by Council, the Planning Agreement and the Deed of Variation must be publicly notified for 28 days in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. Following completion of the notification period, the Agreement can be signed by the relevant parties.

A draft Planning Agreement has previously been exhibited. This later notification merely advertises Council’s resolution to sign the agreement. It is not a process whereby further submissions are invited.

Following its signing, the Planning Agreement takes effect from the date of adoption of the Western and Central Precinct Plans. As noted above, it is intended that the results of the public exhibition of the draft Precinct Plans be reported to Council’s Policy Review Committee of 16 February 2009 for Council’s consideration of their adoption.

Submissions and Planning Processes

This report was previously presented to Council at its last Ordinary Meeting of 1 December, where it was resolved to defer consideration of the matter to tonight’s meeting, to allow consideration of a late submission delivered to Councillors just prior to that meeting, and which raised certain matters regarding environmental outcomes and planning process. It is appropriate that those matters be considered as part of the assessment and reporting of the Precinct Plans for the Central and Western Precincts. That report will be brought back to Council in February 2009.

Notwithstanding, Council has, reasonably, asked for advice on these late submissions. What has been raised are questions about existing agreed environmental outcomes and questions of process. Our response to these 2 questions are -

1. The further environmental outcomes being argued for, rely in part on a current draft listing by the Department of Environment and Climate Change (DECC) of Cumberland Plain Woodland (CPW) as a critically endangered ecological community. That listing is currently on public exhibition until 21 January 2009.

If that draft listing proceeds to enactment then, like the current ‘endangered’ listing, it would be a matter for consideration in the planning processes. The potential listing does not impact upon this agreement which relates to infrastructure provision to support the resident community planned for the site. The potential listing therefore does not impede Council’s decision making process relating to the Planning Agreement.

The area currently set aside for environmental and biodiversity (being around two-thirds of the former ADI site) has already been zoned and secured following an extensive planning process with the cooperation of both State and Federal governments and incorporates the substantial CPW across the site. The current draft plans do not change that zoning.

2. The principal planning document for St Marys Release Area is called Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30) (Amendment No.1), the most recent amendment being gazetted by the State Government on 11 April 2006. SREP 30 zones 565 hectares of land as Regional Park in Penrith (900 hectares overall) and 46 hectares of Regional Open Space in Penrith.

The Minister for Planning also declared the Western and Central Precincts as urban release areas on 29 September 2006.

3. The current amendment to SREP 30 is concerned with refining land-use arrangements within the gazetted development zones, principally the relocation of employment and urban zones. The SREP 30 amendment is not seeking to alter the quantum of zoned developable area or existing legal commitments including conservation outcomes. For reasons of public transparency and to ensure that SREP 30 and draft Precinct Plans were consistent, it was agreed with the Department of Planning (DoP) to publicly exhibit both draft documents simultaneously.

4. Currently we are dealing with 3 planning processes for St Marys Release Area – SREP 30 amendment, draft Precinct Plans, and a Planning Agreement. The 3 documents are intended to balance environmental and development outcomes. While the amendment to SREP 30 is the responsibility of the State Government, it is critical to ensure that a Planning Agreement to provide critical infrastructure to serve the release area is locked in simultaneously with the approval of the Precinct Plans. As with all of our other release areas, it is standard planning practice to prepare and exhibit the LEP, DCP and Section 94 Plan concurrently. The simultaneous preparation and public exhibition of the relevant planning documents for St Marys Release Area is therefore consistent with planning practice.

Conclusion

A comprehensive planning process to date has resulted in an agreed plan (SREP 30), made by the State government in 2006. This plan defines the extent of urban areas across the site. It also preserves the high biodiversity value CPW within the 900 ha Regional Park on the site.

Council has now developed and exhibited Precinct Plans for the urban zoned portion of the site within Penrith. The Precinct Plans will be ready for Council’s final consideration in February 2009.

Extensive negotiations have also been held with Delfin to arrive at an appropriate schedule of infrastructure works and facilities required to support the establishment of new communities in the Western and Central Precincts of the St Marys Release Area. The Planning Agreement and related Deed of Variation have been submitted for consideration and finalisation.

The identified works and related contributions incorporated in the Planning Agreement are consistent with Council’s Sustainability Blueprint for Urban Release Areas and will ensure the establishment of a sustainable, cohesive community over the long term. Delfin has also agreed to provide contributions towards Council’s adopted City-wide Cultural Facilities and District Open Space Development Contributions Plans. These are also incorporated in the Agreement.

Concerns raised to environmental outcomes and matters of process have been addressed in this report. While the matters raised are more appropriately addressed in the further report to come to Council in the new year on the draft Precinct Plans, it is our view that the finalisation of the planning agreement at this time is entirely consistent with release area planning processes and will enable assessment of other matters raised to the exhibited draft precinct plans, prior to its reporting to Council early in the new year. It is important to have a planning agreement in place upon adoption of the precinct plans, to ensure prompt delivery of agreed services and infrastructure for the new community and payment of scheduled contributions to Council. We find no reason to defer the finalisation of the Planning Agreement.

The next step is for the Planning Agreement and Deed of Variation to be publicly notified for a period of 28 days in accordance with the provisions of the Environmental Planning and Assessment Act and Regulations. Accordingly, it is recommended that Council endorse finalisation, public notification and signing of the Planning Agreement and Deed of Variation with Delfin as outlined in the report. It will be necessary for Council to place its common seal on the resulting documents.

RECOMMENDATION

That:

1. The information contained in the report on St Marys Release Area Planning Agreement be received.

2. Council endorse the finalisation, public notification and signing of the St Marys Penrith Planning Agreement and related Deed of Variation with Delfin Lend Lease as outlined in the report.

3. The St Marys Penrith Planning Agreement and related Deed of Variation take effect from the date of adoption of the Precinct Plans for the Central and Western Precincts.

4. The Common Seal of the Council of the City of Penrith be affixed to the documents.

ATTACHMENTS/APPENDICES

1. View

St Marys Release Area Precinct Plan

1 Page

Appendix

*Ordinary Meeting*	*15 December 2008*
*The City as a Social Place*

The City as a Social Place

Proposed Mixed Use Development over Three Stages at Lot 1, DP 884193, No 83-85 Union Road and 614-632 High Street, Penrith Applicant: Cityscape Planning and Projects; Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd

DA07/1570

Compiled by: Ruth Byrnes, Senior Environmental Planner

Authorised by: Paul Lemm, Development Services Manager

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

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

Purpose:

To refer to Council for determination a development application which represents a significant proposal for the Penrith City Centre. It is the first major development determined under the Penrith City Centre LEP 2008 and as such, is expected to set the standard of future development for the City Centre. The report recommends that Council grant a 5 year consent to the staged application.

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

Executive Summary

Council is in receipt of a staged development application for a mixed use development comprising retail, commercial and residential units with basement car parking accessed via Union Lane, at the property known as 614-632 High Street, Penrith.

The assessment under Section 79C progressed and the development application was placed on public exhibition from 19 December 2007 to 23 January 2008. During that time, 12 submissions were received objecting to the proposal. The development application was amended in August 2008 on the recommendation of the Architectural Design Review Panel

The amended plans were placed on public exhibition from 24 September 2008 to 8 October 2008, and 7 submissions were received objecting to the proposal. Councillor Briefings have been held on 3 March and 3 November, 2008.

The Section 79C assessment is based on the amended plans received in August and the main issues that have arisen relate to design excellence; outcomes of Design Review Panel; parking calculations and S94 contributions; proposed road nominated in Penrith City Centre DCP 2007; and impacts to adjoining residents. After detailed consideration of all matters, the report recommends that Council grants consent to the proposal.

Site and Surrounds

The large irregular shaped allotment has a total area of 6351m²; the northern section (Part Lot 1) having an area of 4715m² and the southern section (Part Lot 1) having an area of 1636m². The property has two street frontages at High Street and Union Road and it is also bisected by Union Lane. The land is level and cleared of vegetation, previously being used by a motor showroom and car storage area since the 1950s.

To the south is a residential flat building, and other medium density residential developments in Union Road. To the west is a motor showroom which is located at the corner of Mulgoa Road and High Street. To the east is vacant land, leading to the Centrelink Office, and the main section of the Penrith City Centre. Directly to the north, is the Westfield’s Shopping Centre, Joan Sutherland Performing Arts Centre. The site is located approximately 500m from Penrith Railway Station.

The properties in the immediate vicinity are not known to contain any identified items of Aboriginal or European heritage. The site is not bushfire prone nor flood affected, and all infrastructure services are available. (See Appendix No 1 – Locality Plan)

Background to Current Design

The development application was lodged on 7 December, 2007 at which time the relevant local planning instrument was Penrith Local Environmental Plan 1997 – (Penrith City Centre). Both the northern section of the lot fronting High Street and the southern section fronting Union Road were zoned Special Business 3(c), which permitted a limited range of land uses.

At that time, the gazettal of the Penrith City Centre Local Environmental Plan 2008 was imminent and therefore had planning relevance. This Plan was gazetted on 1 February, 2008.

The subject buildings were designed and submitted in the context of the draft LEP, which encourages a broad range of land uses to a much greater scale than was previously permitted, as is expected within a Regional City. The City’s Centres Taskforce (Department of Planning) developed the draft LEP and associated documents. The Taskforce, Council staff and the applicant were involved in the design process for the subject buildings, to ensure that the proposal satisfied the objectives of the new Plan.

The draft LEP incorporated provisions regarding architectural design excellence (now Clause 26) which required applicants to undertake an architectural competition, involving three independent architects, to determine the best possible building design option to be presented in a development application to Council.

As substantial discussion regarding the design had ensued with key stakeholders, the applicant chose to select three architects to design a proposal, and the applicant engaged one, Watermark Architecture and Interiors Pty Ltd, to proceed to a development application.

Original Proposal

The original development incorporated a master plan for two stages and the construction of Stage 1 as follows:

Stage 1: 8 storey mixed use development fronting High Street – ground level retail, two commercial levels and 5 residential levels providing 54 residential apartments (8 units with 2 levels); and 2 basement levels with 183 parking spaces; lift access to all levels.

Stage 2: 2 buildings of 6 storeys each at the southern section of the property (Union Road) – ground level retail and SOHO (small office/home office) frontages to the through-site link, with a total of 30 residential apartments; and 2 basement levels with 109 car spaces; lift access to all levels.

The development would be known as “NEO”, derived from the word ‘Nepean’ and a suggestion of ‘new-ness’ that the proposal would bring to Penrith.

Design Review Panel

After lodgement of the development application, the Department of Planning advised that although the land was nominated as a “Key Site”, it acknowledged that a full architectural competition was not necessary in this instance, and the application should proceed through a Design Review Panel which would be set up in accordance with the Minister’s Guidelines to determine whether or not the design demonstrated architectural design excellence.

In conjunction with the assessment of the development application by Council staff, the Design Review Panel was established.

Based on the Minister’s Guidelines for Design Excellence, the Panel comprised an independent representative nominated by each party as follows:

The Applicant Philip Graus, Cox Architects

Department of Planning: Margaret Petrykowski, Cities Taskforce

Council Elizabeth Peet, Architectus Pty Ltd

The Panel was to consider Clause 26(3)(a)-(f) of Penrith City Centre LEP 2008 which sets out the criteria to be satisfied to achieve Design Excellence. This clause is discussed in more detail later in this report.

The first Panel meeting was held at Council’s offices on 5 March, 2008. Through much deliberation, the Panel formed the view that the proposed development did not achieve ‘design excellence’ in its current configuration and as such, could not sanction any of the floor space bonuses to the proposal. Key issues related to bulk and scale, impact to adjoining lands and interface with the public domain.

A second Panel meeting was held on 6 May, 2008 the applicant addressed the concerns of the Panel by way of a presentation, however, in summary, the Panel sought to have the massing of the building reduced. The result being that a basic building envelope was agreed. On 4 June, the applicant provided amended concept plans responding to the reduced building mass of the northern building.

A third Panel meeting was held on 19 June, 2008 in the Department of Planning’s Sydney office with Council staff, where it was agreed that the amended concept would be satisfactory subject to comprehensive material being submitted for consideration which detailed:

· simple form and geometry

· decrease in separation width of commercial/retail component to approximately 8m

· awnings at ground level, not colonnade

· a design “in the round” showing all elevations.

The amended design was lodged on 29 August, 2008 and resubmitted to the Panel members on 12 September, 2008. On 30 September, 2008, the Panel agreed that the amendments to the northern building allowed a satisfactory design outcome.

The following details of the amended design and the Section 79C assessment result from the recommendations of, and subsequent agreement by the Design Review Panel dated 30 September, 2008.

The Proposed Development as amended

The amended development incorporates a development application for construction of Stages 1 and 2 and a masterplan or Stage 3. The full detail of Stage 3 buildings will be provided as part of a separate development application at that time. Consideration of the Stage 3 proposal is conceptual only.

Stage 1: 8 storey mixed use development fronting High Street – ground level retail, two commercial levels and 5 residential levels providing 25 apartments; and 2 basement levels with 147 parking spaces; lift access to all levels.

Stage 2: 8 storey mixed use development fronting High Street – ground level retail, two commercial levels and 5 residential levels providing 23 apartments; and 2 basement levels with 65 parking spaces; lift access to all levels.

Stage 3: Concept of 2 buildings of 6 storeys each at southern section of the property (Union Road) – ground level retail and SOHO (small office/home office) frontages to the through-site link, with a total of 29 apartments; and 2 basement levels with 82 parking spaces; lift access to all levels.

The construction of Stage 2 will create a pedestrian through site link from High Street to Union Lane and then to Union Road after Stage 3. Temporary at grade car parking, providing 51 spaces, will be provided on the Union Road section of the land until the construction of Stage 3. Additional vehicular access is provided via Union Road for all Stages.

Integrated landscape, parking, stormwater, infrastructure and utilities extend across all stages of the development proposal.

The application relies upon the closure of part of Union Lane (subsurface) for basement connections. However, this will form a separate approval process and, although considered in this application, the road closure process is not part of the development application process. (See Appendix No. 2 – Site Plans and Elevations). A3 colour photomontages of all attachments will be provided to Councillors under separate cover.

The timing of delivery for all Stages is reliant on market forces.

Subdivision applications of the various components of the development are expected in the future.

The application is accompanied by the following reports:-

· Architectural Plans, Photomontages and materials schedule and board, prepared by Watermark Architecture and Interiors Pty Ltd

· Design Statement, prepared by Watermark Architecture and Interiors Pty Ltd

· Architectural Design Competition Report, prepared by Cityscape Planning and Projects

· Landscape Plans and Landscape Design and Implementation Report, prepared by site Image Landscape Architects

· Traffic and Parking Impacts, prepared by transport and Traffic Planning Associates

· BCA Capability Report, prepared by Vic Lilli and Partners

· Access review, prepared by Morris-Goding Accessibility Consulting

· Ecologically Sustainable Development, prepared by George Floth Pty Limited

· BASIX, certified by George Floth Pty Limited

· Water Management Report, prepared by Steve Paul and partners, Hydraulic and Wet Fire Consultant

· Stormwater Management report, prepared by Steve Paul and partners, Hydraulic and Wet Fire Consultant

· Mechanical, electrical, vertical transportation services, prepared by

· Waste management, prepared by Cityscape Planning and Projects Pty Ltd

· Geotechnical investigation, prepared by Geotechnique Pty Ltd

· Contamination assessment, prepared by Geotechnique Pty Ltd

The applicant’s design philosophy is provided (in part) as follows:

“The development form takes a progressive approach to development, providing commercial and residential configurations not seen before in Penrith. The development is the first of hopefully many such developments and represents a new beginning for the next phase of Penrith’s evolution.

The buildings have been designed to create spaces both in and around the development creating people friendly, ‘living’ places. The through-site link connects Union Road, Union Lane and High Street and creates a pedestrian heart of the development.

The street frontages provide substantial public domain improvements including new paving, street furniture and street trees. The ground level experience is defined by the ground floor uses and the commercial buildings up to podium level. The expression of the commercial buildings has been carefully designed with different façade treatments and sun control devices to appear as different buildings and to provide a vibrant and human scale development.

The use of contemporary forms and the mix of uses, clearly signals the development’s optimism for Penrith’s future and leaves behind the past approaches of ‘big glass box’ and ’residential brick tower’ seen in other parts of Sydney throughout the 1980s and 1990s.

As part of its newness, the NEO development also boasts its sustainability credentials. The commercial building will provide a 4 star Greenstar commercial space and a 4.5 star ABGR energy rating. The residential form is oriented north providing ideal solar control. The majority of residential apartments enjoy cross ventilation. …

Residential units provide a new form of housing type in the Penrith area. The units will provide crisp contemporary designed units in a resort-living atmosphere. A mix of housing types and sizes from penthouses to studio apartments will ensure a good social mix. …

The development provides approximately 10 000 sqm of large floor-plate commercial and retail space. This large format space is in short supply in Penrith due to an absence of large sites in the area. The commercial buildings ‘flank’ the through-site link and are serviced by two separate cores. The commercial buildings have been designed to be adaptable to suit a number of different sized tenants on each floor if required. …”

Proposed Road Closure – Union Lane

The development relies upon the closure of part of Union lane (subsurface) and the applicant has approached Council to commence the process with the Department of Lands for the road closure in stratum to accommodate the basement connections between Stages 1 and 2 with Stage 3 of the development.

This is a lengthy process which is being conducted separately by Council’s Property Section to the assessment of this development application. Should Council support this development application, along with the future road closure in stratum, a condition of consent would be imposed at the Stage 3 application (see Schedule B Special Condition (v)) requiring closure prior to an Occupation Certificate being issued for that part of the complex.

Planning Assessment

The amended staged development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Ac 1979. In consideration of the, the main issues that have arisen in the assessment relate to:

· design excellence

· outcomes of Design Review Panel

· parking calculations and S94 contributions

· proposed road nominated in Penrith City Centre DCP 2007

· impacts to adjoining residents

· objections received.

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

Penrith City Centre LEP 2008 (PLEP 2008)

This Plan applies to most of the area known as Penrith City Centre and the aims relevant to the subject development proposal are:

(a) to strengthen the regional position of the Penrith City Centre as a multifunctional and innovative centre that encourages employment and economic growth,

(c) to promote employment, residential, recreational and leisure, cultural, social and tourism opportunities within the Penrith city centre,

(d) to respond to the economic and social needs of the region by providing centrally located services and facilities,

(e) to facilitate new commercial and residential development in the Penrith city centre that is consistent with the desired future character of the area as described in the Penrith City Centre Development Control Plan 2007,

(g) to encourage development that contributes to the provision of alternative and sustainable access to the city centre,

(h) to enhance access to the city centre, particularly by public transport, walking and cycling,

(i) to facilitate the development of building design excellence appropriate for a regional city and improve the quality of urban design and ensure the public domain is safe and attractive,

(j) to encourage responsible management, development and conservation of resources and to ensure that the Penrith city centre achieves sustainable social, economic and environmental outcomes,

The development proposal can satisfy these relevant aims of the Plan. The proposal provides a mix of commercial, retail and residential premises close to the City Centre and with easy access to transport networks. The buildings have been designed to maximise environmentally sustainable outcomes in their structure, facilities and fixtures. It will facilitate new development in the vicinity and contribute to the economic and social needs of the region.

Under the provisions of PLEP 2008, the property is within Zone B4 Mixed Use in which the following land uses relevant to this application are permissible with Council consent.

business premises, car parks, multi dwelling housing, office premises, pubs; recreation facilities (indoor), recreation facilities (outdoor), residential accommodation; residential flat buildings; restaurants; retail premises; serviced apartments; take away food or drink premises; utility installation.;

The B4 Mixed Use zone aims:-

• To provide a mixture of compatible land uses.

• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

• To provide a wide range of retail, business, office, residential, community and other suitable land uses.

• To create opportunities to improve the public domain.

• To provide for the retention and creation of view corridors.

The development proposal can satisfy the objectives of the zone. The mix of land uses are compatible to City living and working opportunities, close to public transport and allowing for walking and cycling. The public domain will be enhanced with the provision of a through site link, new street furniture, landscaping and appropriate night lighting. View corridors from High Street to the Blue Mountains escarpment are retained and other viewing opportunities have been enhanced in the separation of the High Street building into two components, thereby allowing viewing to the north/south aspect.

Principal Development Standards

The following development standards are relevant to the development assessment. Where the proposal exceeds the development standard, discussion is provided at Clause 26 Design Excellence and Clause 32 Exceptions to development standards.

Clause 21 Height of buildings

The Height of Buildings Map in PLEP 2008 identifies a 24 metre height limit for the site.

The maximum heights have been selected in consideration of sunlight access to public areas, appropriateness of the expected building form for a site, and to provide a transition in built form and land use intensity for different areas of the City Centre.

The proposed building height of the Stage 1 and 2 buildings is 29.9 metres, which exceeds the standard by 5.9 metres.

The proposed Stage 3 building height is 20.9 metres, satisfying the clause.

Clause 26(6), discussed below, allows a height bonus or a floor space bonus of up to 10% provided that the design satisfied the ‘design excellence’ clause.

A floor space bonus is sought via Clause 26(6); therefore, the applicant seeks a variation in height of the Stage 1 and 2 buildings via Clause 32, discussed below.

Clause 24 Floor space ratio

The floor space ratio is not to exceed the maximum floor space ratio shown on the Floor Space Ratio Map, and for this property, the Map identifies a ratio of 3:1.

Lot 1, DP 884193 has a land area of 6,351m²and is unusual in that the lot is divided by Union Lane. The maximum floor area for this lot is 19,053m².

The amended design reduces the floor space from that provided in the original design. It provides 16,418m² of gross floor area to the northern section of the lot, at the High Street frontage; and 3,202m² of gross floor area to the southern section of the lot, at the Union Road frontage. Therefore with a total gross floor area of 19,620m² the proposed floor space ratio is 3.1:1, which exceeds the standard by 567m² or 3%.

The proportional spread of floor space over the site, with the bulk of floor space provided at the High Street frontage, is a desired result for the development. It is expected that development along Union Road would have a smaller scale at the residential interface, whilst the prominent component with commercial/retail activity is concentrated to the civic/cultural/retail precinct at High Street.

Clause 26(6) discussed below allows a floor space bonus of up to10% provided that the design satisfied the ‘design excellence’ clause.

Clause 25 Minimum building street frontage

This clause requires a minimum street frontage of 20 metres to at least one street frontage in the B4 Mixed Use zone. The subject site has a frontage to High Street of 82.84 metres and a frontage to Union Lane of 30.85 metres, satisfying this standard.

Clause 26 Design excellence

As the land is nominated is a Key Site; more than 24m or 6 storeys (or both) in height, and is valued more than $1,000,000, the development application is subject to an architectural design competition and demonstration of design excellence. As discussed earlier in this report, assessment of design excellence was undertaken by the Design Review Panel, established in accordance with the Minister’s Guidelines, rather than via an architectural design competition. In the circumstances of this application, this process was recommended by the Department of Planning.

In accordance with Clause 26(3), the Panel considered in detail:

“(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

(c) whether the proposed development detrimentally impacts on view corridors,

(d) whether the proposed development detrimentally impacts on any land referred to in clause 23,

(e) the requirements of the city Centre Development Control Plan,

(f) how the proposed development addresses the following matters

(i) the suitability of the land for development,

(ii) existing and proposed uses and use mix,

(iii) heritage issues and streetscape constraints,

(iv) the relationship of the proposed building with other buildings (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v) bulk, massing and modulation of buildings,

(vi) street frontage heights,

(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii) the achievement of the principles of ecologically sustainable development,

(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,

(x) the impact on, and any proposed improvements to, the public domain.”

The applicant responded to issues raised by the Panel and the design was amended to separate the mass of the northern building to reduce the visual bulk of the residential component, and open up the pedestrian link, allowing other opportunities for viewing. On 30 September, 2008, the Panel agreed that the amendments to the northern building achieved the above criteria and allowed a satisfactory design outcome.

Although the concept design for the Stage 3 building was accepted by the Panel, the future development application for Stage 3 will reconsider Clause 26 via an architectural competition or design panel review.

Clause 26(6) states that

“The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of up to 10% greater than that allowed by Clause 24 or a height of up to 10% greater than that allowed by Clause 21, but only if:

(a) the design of the building or alteration is the result of an architectural design competition, and

(b) the concurrence of the Director-General has been obtained to the development application.”

As mentioned, via this Clause, the applicant seeks variation to Clause 24 Floor Space Ratio by approximately 3%. The amended design of the mixed use buildings is as a result of the recommendations of the Design Review Panel, which satisfies subclause (a); and by letter dated 3 October, 2008; the Director-General has confirmed that Council may assume concurrence and agree to the variations sought, if it chooses to. Therefore, a recommendation to this effect is provided at the end of the report, should Council support the development.

Clause 27 Car Parking

This clause aims to provide sufficient car parking that is likely to be generated by a development and at a rate which is appropriate for the capacity of the road network and the mix of transport modes for the City Centre.

The parking requirements under PLEP 2008 are as follows:

· Minimum 1 parking space per 60m² to be provided for commercial tenancies;

· Minimum 1 space per 30m² for retail tenancies;

In respect to the Penrith City Centre DCP 2007 the following rates also apply:

· Maximum 1 space per one or two bedroom apartments,

· Maximum 1.5 spaces per three bedroom apartments;

· Maximum 1 visitor space per 20 apartments;

· Maximum 1 spacer per 50 units for service vehicles and car washing bays, up to 4 spaces.

The proposal provides two levels of basement car parking for three stages of construction, accessed via Union Lane and Union Road. Temporary at grade car parking, providing 51 spaces, will be provided on the Union Road section of the land until the construction of Stage 3.

The development provides the following car parking spaces required at each stage of the development;

Stage	Car Parking Provided	Car Parking Required
Stage 1	147	147
Stage 2	116 (includes 51 temporary)	115
Stage 3	82	42
Total	345	304

As part of the total car parking there will be 16 accessible spaces, 6 small car spaces, 14 tandem spaces (allocated to 3 bedroom apartments) and 1 car wash bay. Parking/storage and amenities are provided in the basement levels for cyclists.

Clear directional signage will be required at the entrance to the basement car park and also clear signage about the users of the temporary at grade car park. A condition will be imposed to ensure that car parking spaces are not sublet and are retained for users of the complex only. (See Schedule A Special Condition 4.6).

A condition will be imposed to ensure that spaces for commercial and retail car parking in Stages 1 and 2 are clearly allocated and marked. Should residential spaces be reallocated from commercial/retail spaces, a contribution for car parking will be applied unless additional spaces are provided elsewhere within the development. (See Condition K028).

A condition will also be imposed to request a parking management plan to control the use of the spaces between the tenancies, and the proposed stacked parking and visitor/tenant parking arrangements.

Clause 28 Ground floor development within Zones B3 and B4

This clause requires that ground floor of any development has an active street frontage and be used for commercial or retail activities. Exceptions are provided where lobbies, vehicle and fire service access are required.

The ground floor of Stages 1 and 2 of proposed development primarily consists of retail activities, the exact nature of which will be determined via future development applications. These retail uses will provide a continuous active area across the High Street frontage and also into the Union Lane frontage.

The pedestrian link will enhance activation through the development and provide other opportunities for activation, such as outdoor dining.

The ground floor of Stage 3 is allocated for retail and small commercial office/home office space within residential apartments, which will be detailed further in a future development application. This will allow for passive surveillance of the pedestrian link, which in itself assists activation of the space.

The development satisfies the requirements of this clause.

Clause 29 Building separation

A separation between the subject buildings and the neighbouring buildings is required to maintain amenity and reduce adverse privacy and shadow impacts between properties as much as possible in a city centre location. The distances from neighbouring buildings and between separate parts of the same building is not to be less than required by the City Centre Development Control Plan.

The general extent of building separation for Stages 1 and 2 was agreed to by the Design Review Panel. The separation from the residential component to the western boundary was to be a minimum of 5m and separation of the residential components between Stages 1 and 2 was to be a minimum of 12m. These have been achieved.

The shortest distance between proposed residential and the existing residential flat building in Union Road is approximately 20m, substantial to satisfy amenity issues as much as possible.

Other setbacks are discussed further in the discussion regarding the City Centre Development Control Plan.

It is considered that the design satisfies the intent of this clause.

Clause 30 Ecologically sustainable development

This Clause requires consideration of ecologically sustainable development (ESD), based on a “whole of building” approach, which includes

(a) conserving energy and reducing carbon dioxide emissions

(b) embodied energy in materials and building processes

(c) building design and orientation

(d) passive solar design and day lighting

(e) natural ventilation

(f) energy efficiency and conservation

(g) water conservation and water reuse

(h) waste minimisation and recycling

(i) reduction of car dependence

(j) potential for adaptive reuse

ESD has been a key focus of the design group for this development. The development application was accompanied by a report on Ecologically Sustainable Development, prepared by George Floth Pty Ltd, consulting engineers, which considered energy efficiency measures and environmental sustainable design initiatives for the commercial component development. A BASIX certificate was also provided for the residential component of the development.

The building design achieves a 4 Green Stars and an ABGR rating of 4.5 stars (Australian Building Greenhouse Rating Scheme).

The requirements of BASIX are to meet targets of 40% water reduction and 30% energy reduction. The proposal achieves 42% water reduction and 33% in energy reduction.

Some of the measures that the residential design incorporates to achieve these levels are as follows:

· rainwater/stormwater tank for use in toilet flushing and irrigation of common area and private gardens;

· provision of water efficient appliances, tapware, fittings and fixtures throughout the building;

· provision of energy efficient gas and electric appliances in kitchen, laundries;

· solar gas boosted hot water system;

· indoor clothes lines provided;

· double glazed windows with overhangs and shading.

As a result, the report indicates that “the finished product will be an environmental-friendly building that uses significantly less energy and water, a reduced overall ecological footprint compared to other similar buildings of its type. Additional benefits include a comfortable and healthy building for people to occupy, work and enjoy.”

The development satisfies the intent of this Clause.

Clause 31 Serviced apartments

At this stage, there is no application for strata subdivision of the building(s) for serviced apartments, however, should this occur in the future, the design quality principles of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP 65) and the design principles of the Residential Flat Design Code have been satisfied. See further discussion on SEPP 65 below.

Clause 32 Exceptions to development standards

The objectives of this Clause are

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Council may grant consent where a development standard is contravened, provided a written request from the applicant has been received justifying the contravention and demonstrating

(a) that compliance with the standard is unreasonable or unnecessary in the circumstances of the case and

(b) that there are sufficient environmental planning rounds to justify contravening the development standard.

In addition, the development must be in the public interest, be consistent with the objectives of the particular standard and the zone objectives.

Development Standard to be varied

Clause 21 Height of Building - The proposed building height of the Stage 1 and 2 buildings is 29.9 metres, which exceeds the 24m standard by 5.9 metres.

The applicant has lodged a written submission to vary the height of building standard pursuant to this Clause, and the following are extracts of the basis of the submission:

“The building height standard emerged as part of broader strategic planning and urban design process for the Penrith City Centre by the Cities Taskforce. At the time of this planning, the matter of appropriate height was discussed in the currency of building storey and a height of 8 storeys was generally considered to be an appropriate outcome for the subject site and its adjacent precinct.

The currency of the 8 storey standards is derived primarily from the application of the Building code of Australia which requires development of certain heights to achieve significant fire management standards. As a consequence of the cots that such fire management measures attract, development is generally delivered at either 8 storeys or if the fire standards are to be implemented, a 12 storey minimum …

However, subsequent to the strategic planning and design process, a 24m height standard was imposed on the subject site. A number of events have subsequently conspired to result in 24m being a problematic transfer of the 8 storey standard.

The 24m standard as a maximum building height was imposed seemingly as a transfer from the relevant height controls under SEPP 65 Residential Flat Design Code. In this regard, the Code provides a 25m standard (consistent with BCA standard) for 8 storey residential development. However, given that this design code is focused on primarily residential development, this general height standard fails to recognise the need to provide greater floor to ceiling heights for commercial and retail elements of mixed use developments….

These factors combine to make it entirely impractical to achieve an 8 storey mixed use development with a 24m height standard as provided by the LEP.

The existence of this anomaly alone suggests that strict compliance with the development standard is either unreasonable or unnecessary in the circumstances.

Zone objectives

Earlier in this report, the objectives of the B4 Mixed Use zone have been discussed and it was found that the proposal can satisfy those objectives.

Development Standard objectives

The objectives of Clause 21 - Height of Buildings are

(a) “to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of certain parks and community places is avoided or limited during nominated times;

(b) to provide high quality urban form for all buildings;

(c) to maintain satisfactory sky exposure and daylight to existing buildings, to the sides and rear of higher buildings and to public areas, including parks, streets and lanes;

(d) to ensure that taller development occurs on sites capable of providing appropriate urban form and amenity;

(e) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan;

(f) to ensure an appropriate height transition between new buildings and heritage items.”

The development’s ability to satisfy the objectives of the height standard is not altered by the 5.9m exceedence for the Stage 1 and 2 buildings, as follows:

Sunlight to public domain -

Key public domain sites nominated in the City Centre plans are not proximate to the subject site. The High Street frontage and the civic and cultural public area are to the north of the site and will not be subjected to overshadowing by the development. The amended design opens and separates the residential component of the Stage 1 and 2 buildings, thereby allowing more sunlight into the pedestrian link from High Street to Union Road.

High quality urban form –

The Design Review Panel has agreed that the proposal demonstrates an appropriate outcome for urban form in this precinct.

Sky exposure and daylight to existing buildings –

The shadow diagrams provided by the applicant demonstrate that, although to the north of an existing residential flat building which fronts Union Road, the area of the building that exceeds the height limit does not create additional midwinter shadow impact between 9am and 3pm.

The Design Review Panel carefully considered this matter, particularly in response to objections received (discussed later in this report). It was noted that currently, of the 30 existing residential units, 7 units do not achieve solar accessibility as outlined in the “rule of thumb” of the Residential Flat Design Code. This “rule of thumb” states that 70% of apartments in a development should receive a minimum of 3 hours direct sunlight between 9am and 3pm. It also indicates that in dense urban areas this could be reduced to 2 hours, and this was considered reasonable to be applied to the City Centre.

It was made clear by the Panel that shadow cast by complying areas of the building cannot be considered as unreasonable, and that any area of the building above the standard must not add to or create an adverse shadow impact.

The original design was amended on the recommendation of the Panel to improve shadow impacts. The upper floor area, the subject of the non compliance, has a low profile skillion roof. This aids in not only reducing visual bulk but reduces any additional shadow impacts.

Taller development occurs on sites capable of providing appropriate urban form and amenity

The subject site and the adjoining lands to the west have been nominated as being capable as providing taller buildings, particularly as this western precinct is considered as a gateway entrance to the City Centre. Taller buildings with architectural merit will enhance this approach, where a transition then occurs to lower buildings (20m) before taller development would be accepted again in the heart of the City Centre. The proposed buildings satisfy these objectives of the height standard.

Transition between new buildings and heritage items –

There are no listed heritage items in the immediate vicinity of the subject development.

Concurrence of the Director General

As this development application was lodged on 7 December, 2007 well prior to the gazettal of the Penrith City Centre LEP on 1 February, 2008, the concurrence of the Director General for the height variation is not required and Council may agree to accept the applicant’s submission.

Conclusion to variation to Height Standard

The development’s ability to satisfy the objectives of the B4 Mixed Use zone and the height standard is not altered by the 5.9m exceedence for the Stage 1 and 2 buildings. The building is considered to be in the public interest. Council may accept the applicant’s submission to vary Clause 21 in this instance, as strict compliance with the Clause is unreasonable and unnecessary in the circumstances. A recommendation to this effect is at the end of this report.

Other environmental planning instruments

Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality, particularly as that relates to the water cycle or on flora or fauna.

The drainage design required careful consideration as the existing drainage system in Union Lane and Union Road is at capacity. Council would not permit a large amount of stormwater runoff from the site to be discharged directly into the kerb and gutter and so the existing piped drainage system at High and Worth Streets is to be extended along High Street to service the development. Some sections of this existing pipeline are to be upsized to accommodate the extra flows. This existing system discharges into the system under the Penrith Westfields which has capacity for 100 year flows.

Council’s Senior Development Engineer has assessed the hydraulic plans and raises no objection to the proposal.

In addition, the site is affected by local overland flows. A condition will be imposed to ensure that the basement entry levels are designed to prevent entry of stormwater in major storm events. (See Schedule A Special Condition 4.17)

Subject to appropriate conditions, the proposal will be consistent with the Policy, particularly in relation to total catchment management and water quality in the metropolitan area.

State Environmental Planning Policy (Infrastructure) 2007 / (State Environmental Planning Policy 11- Traffic Generating Developments)

This SEPP (Infrastructure) 2007 came into force on 1 January 2008 and incorporates, at Clause 104, the provisions of the earlier State Environmental Planning Policy 11 – Traffic Generating Developments (SEPP 11).

Clause 11 of SEPP (Infrastructure) 2007 provides that the Policy does not apply to or in respect of the determination of a development application made, but not finally determined before the commencement of the Policy. The development application was lodged on 7 December, 2007 and therefore the SEPP (Infrastructure) 2007 does not strictly apply.

SEPP 11 – Traffic Generating Developments –

However, reverting to the requirements of the SEPP 11, as the proposal is for a large scale Mixed Commercial and Residential Development, the application was co

# Meetings at which the Management Plan ¼ly reviews are presented	^ Election of Mayor/Deputy Mayor
#+ General Manager’s presentation – half year and end of year review	@ Strategic Program progress reports [only business]
< Briefing to consider Draft Management Plan for 2009/2010	ü Meeting at which the 2008/2009 Annual Statements are presented
v Meeting at which the Draft Management Plan is adopted for exhibition	Y Management Plan Councillor Briefings/Public Forum (June)
* Meeting at which the Management Plan for 2009/2010 is adopted

No	Organisation	Proposed Activity	Recommended Allocation
1	St Marys & District Historical Society Inc	Afternoon Tea and Display of Local History	$550
2	Werrington Elderly Care	Live Life	$400
3	Claremont Meadows Public School	Live Life Well – Young & Old	$600
4	North St Marys Neighbourhood Centre	Show Them Life	$500
5	Holy Spirit St Clair/Erskine Park – Seniors & Disabled Outreach Group	Live Life – Today with Us	$800
6	‘Enosis’ Greek Seniors Group	Combined Multicultural Seniors Week Lunch	$500
7	Londonderry Public School	School for a Day	$500
8	Oxley Park Public School	Grandparents Day	$800
9	St Clair Youth and Neighbourhood Team	Seniors Showcase – Create and Conquer	$450
10	Australian Storytelling Guild (NSW) inc – Emu Plains Chapter	Living Life Through Stories	$900
		TOTAL	$6,000

*Ordinary Meeting*	*15 December 2008*
*The City in its Environment*

*Ordinary Meeting*	*15 December 2008*
*Appendix 1 - Seniors Week 2009 - Recommended Projects and Allocations*

*Ordinary Meeting*	*15 December 2008*
*Appendix 1 - Response to the Discussion Paper on the Review of the Children's Services Regulation 2004*

*Ordinary Meeting*	*15 December 2008*
*Appendix 1 - St Marys Release Area Precinct Plan*