OF
THE ORDINARY MEETING OF
COUNCIL CHAMBERS
ON MONDAY 15 DECEMBER 2008 AT 7:06PM
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
PRAYER
The Council Prayer was read by Rev Neil Checkley
PRESENT
His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain.
Councillor John Thain declared a non pecuniary interest in Item 4 – Penrith Valley Regional Sports
Centre - Facility Development as he is Council’s representative on the board
of the
Councillor Kevin Crameri OAM declared a non pecuniary interest in Item 7 – St Marys Release Area Planning Agreement, as he owns property in close proximity to the area referred to in the report. Councillor Crameri stated that he reserved his right to speak and vote on the matter.
Councillor Ross Fowler OAM declared a pecuniary interest in Item 4 –
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 8 - Proposed Mixed Use Development over
Three Stages at
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464 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:13pm. |
Mr Arthur Ilias
Item 7 – St Marys
Release Area Planning Agreement
Mr Arthur Ilias, representing Delfin Lend Lease, spoke in
support of the recommendation and highlighted that the St Marys Release Area
has undergone a comprehensive and thorough environmental and planning
assessment over the past 15 years.
Mr Geoff Brown
Item 7 – St Marys
Release Area Planning Agreement
Mr Geoff Brown, representing ADI RAG & Western Sydney
Conservation Alliance, spoke in opposition to the recommendation. Mr Brown
asked Council to defer the decision on the
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465 RESOLVED
on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison
that an extension of time be granted to Mr Geoff Brown, the time being 7:23
pm. |
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Mr Brown stated that the current plan encroaches on the
planned Green Belt and
Ms Suzie Wright
Item 7 – St Marys Release
Area Planning Agreement
Ms Suzie Wright, representing
Ms Wright stated that Council must consider the main issues, including; biodiversity, extreme weather events, status of site as critically endangered, and the loss of species.
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466 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that an extension of time be granted to Ms Wright, the time being 7:39pm. |
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Ms Wright concluded by requesting Council to formally reject the recommendation.
Mr Jon Lindsay
Item 9 - Masterplan
Application DA08/0652 for mixed use development and 6 lot subdivision -
Mr Lindsay thanked Council staff for their cooperation throughout the duration of this project. Mr Lindsay highlighted the resources and commitment that Parkview has invested into this site and into Penrith and the benefits of this proposal. Mr Lindsay reiterated the applicant’s future commitment to the site.
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467 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 7:44pm. |
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468 RESOLVED
on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler
OAM that the Mayoral Minute on Great River Walk wins Greenspace Award be received. |
The
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5 Western |
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A
MOTION was MOVED by Councillor Greg Davies seconded Councillor John Thain That: 1. The information contained in the report
on Western Sydney
International Hockey Centre, 2. Further discussions continue with UWS and the NSW Department of Sport and Recreation, concerning the future of the hockey facility. 3. Council commence discussions with UWS with a further report to be presented to Council concerning the possibility of a long term lease arrangement of the Hockey Centre. 475 An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded Councillor Robert Ardill That: 1. The information contained in the report
on Western Sydney
International Hockey Centre, 2. The $200,000 reserved as part of the Regional and Local Community Infrastructure Program for the Hockey Facility be considered for reallocation to: - Yoorami CCC building upgrade $30,000 - Strauss Road CCC building upgrade $30,000 - Roller door upgrades at various CCCs $40,000 - External accessible toilet at PVCP $50,000 - Victoria Park Stage 3 (additional) $30,000 - Woodriff Lane (additional) $20,000. 3. Further discussions continue with UWS
and the NSW Department of Sport and Recreation, concerning the future management
of the hockey facility, and investigations be carried out in relation to a
business plan and financial model for the Hockey Centre with a On being PUT to the meeting, the AMENDMENT was carried and on becoming the MOTION was also carried. His Worship the Mayor, Councillor Jim Aitken OAM called for a DIVISION.
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9 Masterplan Application DA08/0652 for
mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) |
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477 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded
Councillor Ben Goldfinch That: 1. The information contained in the report on Masterplan Application DA08/0652 for mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) Station Street, Penrith be received. 2. Masterplan Application DA08/0652 for mixed
use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) SCHEDULE A – Masterplan General 2.1 Approved Plans Plans – Turner &
Associates DA11 - Version C dated 10/11/08 DA12 - Version C dated 10/11/08 DA13 - Version C dated 10/11/08 DA14 - Version E dated 10/11/08 DA20 - Version B dated 10/11/08 DA21 - Version A dated 10/11/08 DA22 - Version A (Revision C) dated 21/11/08 DA23 - Version A (Revision C) dated 21/11/08 DA24 - Version A (Revision C) dated 21/11/08 DA25 - Version A (Revision C) dated 21/11/08 DA26 - Version A (Revision C) dated 21/11/08 DA27 - Version A (Revision C) dated 21/11/08 DA28 - Version A (Revision C) dated 21/11/08 DA29 - Version A (Revision C) dated 21/11/08 DA30 - Version A (Revision C) dated 21/11/08 DA31 - Version B dated 10/11/08 DA32 - Version B dated 10/11/08 DA000 – DA005 - Version A dated 13/6/08 DA00 - Version C dated 10/11/08 DA01 - Version E dated 10/11/08 DA02 - Version C dated 10/11/08 DA03 - Version C dated 10/11/08 DA04 - Version C dated 10/11/08 Landscape
– Aspect Studios Drawing 28024 SK01 - Revision E dated November 2008 SK02 - Revision D dated November 2008 SK03 - Revision E dated November 2008 SK04 - Revision F dated November 2008 SK05 - Revision A dated November 2008 SK06 - Revision F dated November 2008 SK07 - Revision E dated November 2008 SK08 - Revision E dated November 2008 SK09 - Revision E dated November 2008 SK10 - Revision E dated November 2008 SK11 - Revision B dated November 2008 SK12 - Revision C dated November 2008 SK13 - Revision E dated November 2008 SK14 - Revision D dated November 2008 SK15 - Revision D dated November 2008 SK16 - Revision E dated November 2008 SK17 - Revision E dated November 2008 SK18 - Revision E dated November 2008 SK19 - Revision E dated November 2008 SK20 - Revision B dated November 2008 SK21 - Revision B dated November 2008 The development consent is based on the assessment of the above plans together with all accompanying documentation that supported the Statement of Environmental Effects provided by Don Fox Planning Consultants dated 24/6/08. 2.2 This Development Consent relates to Stage 1 of the development only and has been issued under S80(4) of the EP&A Act. Separate development applications shall be submitted for the future stages of the development. Stage 1 of the Consent approves in principle the following aspects of the Masterplan: · Gross Floor Area · Land Uses · · Road Hierarchy and Access Points · Open Space Network · Development Staging Subject to the completion of the Design Excellence process and as modified by the conditions of this Consent. Key Principles 2.3 The following key principles are to be incorporated in the
preparation of Stage 2 development applications for the site: · Consistency with Penrith City Council’s “Sustainability Blueprint
for Urban Release Areas” · An economic impact assessment be submitted with all Stage 2
development applications to determine the public benefit of the proposal · 3% of future residential development on each allotment approved by
this consent is provided as affordable housing for very low to low income
households · A Security Management Plan must be submitted for the development
applications that include the hotel and/or tavern facilities · All ground level public frontages to buildings are to be activated
and provide a transition between public and private domain. · At least 80% of the local park (civic park) must receive winter sun
between 9am and 4pm · The open space associated with the proposed childcare facility
should be reorientated to the north to achieve more winter sun. · Buildings are designed for energy efficiency and green house gas
reduction. Design Outcome 2.4 The proponent is to establish in consultation with Council
and the Department of Planning a Panel of 5 recognised architectural firms to
assess and provide urban design and architectural review for each stage of
the development. This Panel shall be established prior to the submission of
the first Stage 2 DA. 2.5 Blocks A and C which incorporate the two iconic buildings within the Masterplan will be subject to an architectural design competition in accordance with the Director General’s Design Excellence Guidelines. Council is willing to consider a building height of 8 – 14 storeys for Block A and 8 – 16 Storeys for Block C. The specific height will be subject to achieving Design Excellence as demonstrated by the Director General’s Design Competition process and compliance with Clause 26 of the LEP. Infrastructure Delivery 2.6 Additional traffic modelling being undertaken in consultation
with Council and the RTA with respect to the following: · Expected
weekend traffic generation · Woodriff/Jamison
and Station/Jamison roundabouts with a ten year growth under existing and
signalised conditions · Potential
upgrades to The outcomes of that modelling are to inform the
preparation of the Infrastructure Delivery Plan, Planning Agreement and the
agreement with the RTA required by this consent. 2.7 An Infrastructure Delivery Plan (IDP) is to be submitted to
and approved by Council prior to the issue of a subdivision certificate or
commencement of development on the site. The IDP is to be prepared in accordance with and address the
requirements of Council’s “Sustainability Blueprint for Urban Release
Areas”. It is to identify all
infrastructure, including roads, drainage, overland flow paths and other
civil works, utility services, community, social, cultural and recreational
facilities required to service the development. The IDP is to provide an accurate costing of all necessary
infrastructure and establish a delivery program that aligns and apportions
the cost of required infrastructure with the staging of development. The IDP will form the basis for development of a Planning Agreement to
identify and fund the timely provision of necessary infrastructure. 2.8 A Public Domain Strategy (PDS) is to be submitted to and
approved by Council prior to the issue of a subdivision certificate or
commencement of development on the site. The PDS is to be prepared in accordance with and address the
requirements of Council’s “Sustainability Blueprint for Urban Release
Areas”. It will define the look and
character of the public domain. The PDS is to incorporate design and management requirements for all
streets, open spaces and parks. It is
to include aims/objectives, design and character statements, a schedule of
works including a Public Arts Program, delivery timeframes and the
maintenance requirements for each element. The PDS will inform the preparation of a Planning Agreement to identify
and fund the timely provision of necessary infrastructure. 2.9 The applicant, or any person entitled to act on this consent is to enter into a Planning Agreement with Council pursuant with Section 93F of the Environmental Planning and Assessment Act, 1979. The Planning Agreement is to be consistent with the offer from Parkview Penrith Pty Limited dated 4 December 2008, to make development contributions towards the provision of public amenities and services identified by the applicant’s offer and the Infrastructure Delivery Plan, Public Domain Strategy and Affordable Housing requirements of this consent. The Planning Agreement is to be entered into prior to the issue of a subdivision certificate or commencement of development on the site. 2.10 Documentary evidence being submitted to Council, prior to the issue of a subdivision certificate or commencement of development on the site, to the effect that satisfactory arrangements have been made with the RTA and relevant Service Authorities for the delivery of road improvements, traffic management facilities, utilities and services generated by the Masterplan. Community Safety 2.11 A Community Safety and Crime Prevention Strategy (CS&CPS) is to be submitted to and approved by Council prior to the issue of a subdivision certificate or commencement of development on the site. The strategy is to define a physical environment that enhances and improves community safety within the locality. The CS&CPS is to be prepared in accordance with and address the requirements of Council’s Sustainability Blueprint for Urban Release Areas. The strategy is to clearly identify how the principles of crime prevention through environmental design will be employed in the planning, design and development of the site, particularly in terms of: · Providing
opportunities for effective surveillance; · The
use of physical and symbolic barriers to attract, channel or restrict the
movement of people through and around the site; · Encourage
community ownership of public spaces; and · Space
management of public places 2.12 A Social Impact Statement is to be submitted with each Stage 2 development application indicating how the specific development proposal has addressed the approved Community Safety and Crime Prevention Strategy. Heritage 2.13 Evidence shall be provided that the Heritage Office has approved an exemption to the provisions of the Heritage Act for the excavation works. This shall be provided to Council prior to commencement of site works. 2.14 That a programme of archaeological test excavations be undertaken prior to site works commencing and after demolition of existing buildings to determine the likelihood of Aboriginal Archaeological deposits. The results of the program are to be submitted to Council and to inform the preparation of future Stage 2 Development Applications. Methods to manage findings such as the establishment of keeping places or interpretation plans are to be submitted with respective Stage 2 Development Applications. Specific Requirements 2.15 A 3.6m landscaped setback shall be provided adjacent to the west of block F to enhance the urban design of the main north-south boulevard. 2.16 Dedication of appropriate splay corners at the intersection of Jamison Road & Station Street and at the intersection of Jamison Road & Woodriff Street will be required. Vehicle sight distances at intersections to comply with RTA requirements. The splay corners will impact on the proposed development. 2.17 All proposed public footpaths are to be contained within the public road reserve. 2.18 The existing
aerial power lines in 2.19 Shared cycle
way/footpaths are to be provided in 2.20 The alignment of the Boulevard is to be widened to allow for a 3.5m wide carriageway where no kerbside parking is proposed and to enable access by service vehicles. 2.21 All off street car parking requirements shall comply with Council’s Development Control Plan(s) applying to the site and AS2890. The development is to include the provision of suitable bicycle parking at safe and convenient locations within the site. 2.22 An overland flow
flood study that addresses the 1 in 100
year storm event for the local catchment is to be submitted to Council for
approval. The findings of that flood study are to inform the preparation of
the required Infrastructure Delivery Plan and future Stage 2 development
applications in relation to specific development proposals. SCHEDULE B – Subdivision 2.23 Subdivision of the site is to be substantially in accordance with Plan Reference No. 15666 dated 18/6/2008 prepared by Dunlop Thorpe and Company Pty Ltd submitted with the development application. 2.24 The plan of
subdivision shall include a Restriction as to User in accordance with Section
88B of the Conveyancing Act over proposed 2.25 An easement for access is to be created over the proposed road
through lot 6 in favour of proposed lot 5 in accordance with Section 88B of the Conveyancing Act. The easement is required to ensure safe and
efficient access to proposed lot 5 in the event the Masterplan does not
proceed. The easement is to be created at no cost to Council. Council is to be
the nominated authority to release, vary or modify the easement. The easement will be extinguished upon dedication
of the access arrangements as public road. 2.26 A splay corner at the intersection of 2.27 A splay corner at the intersection of 2.28 All proposed public footpaths and cycle ways are to be
contained within the public road reserve. If required, land is to be
dedicated to Penrith City Council, at no cost to Council, to accommodate the
proposed footpath/cycle ways and verge areas in 2.29 All services (water, sewer, electricity, telephone and gas)
including the provision of service conduits and stub mains are to be
installed within the proposed public roads before final inspection of the
engineering works. Prior to the release of the linen plan, the following service authority
clearances shall be obtained: · a Section 73
Compliance Certificate under the Sydney Water Act 1994 shall be obtained from
Sydney Water. This is required prior to the issue of the Subdivision
Certificate and · a letter from Integral
Energy stating that satisfactory arrangements have been made for electricity
supply to all proposed allotments in the subdivision, including any necessary
easements; and · a letter from an
approved telecommunications service provider that satisfactory arrangements
have been made for underground telephone services to all proposed allotments
in the subdivision, including any necessary easements. These clearances are to be submitted to the Principal Certifying
Authority. 2.30 Submission of the original Linen Plan and ten (10) copies. All drainage easements, rights of way, restrictions and covenants are
to be included on the linen plan. All dedications of roads/drainage are to be undertaken at no cost to
Penrith City Council. The following information is to be shown on one (1) copy of the plan. · The location of all
buildings and/or other permanent improvements shall comply with any statutory
boundary clearances or setbacks as defined by the Building Code of Australia
and Council’s resolutions. · All existing services
are wholly contained within the lot served and/or covered by an appropriate
easement. 2.31 A Surveyors Certificate is to be lodged with the application
for a Subdivision Certificate that certifies that all pipes and services are
located wholly within the property or within appropriate easements and that
no services encroach boundaries. 2.32 A Subdivision Certificate is to be obtained prior to the
release of the linen plan of subdivision. The Subdivision Certificate will
not be issued if any of the conditions in this consent are outstanding. 2.33 The Planning Agreement required by Schedule A of this Consent
is to be entered into prior to the issue of a Subdivision Certificate. 3. Those persons who lodged a submission and the Regional Development Advisory Committee of the RTA be notified of Council’s decision. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Having previously declared a
pecuniary interest in Items 4 and 8, Councillor Ross Fowler OAM left the
meeting, the time being 8:38pm.
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4 |
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478 RESOLVED on the MOTION of Councillor John Thain seconded Councillor
Mark Davies 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. |
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8 Proposed Mixed Use Development over
Three Stages at |
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479 RESOLVED on the MOTION of Councillor John Thain seconded Councillor
Kath Presdee That: 1. The information contained in the report
on Proposed Mixed Use
Development over Three Stages at 2. Council award the
bonus floor space available to the proposal via Clause 26(6) of 3. Council accept the
applicant’s submission to vary Clause 21 Height of Buildings of 4. Development Application DA07/1570 for Staged Development for Mixed Used Buildings consisting of Stage 1 – construction of 8 storey mixed use building with basement car parking; Stage 2 – construction of 8 storey mixed use building with basement car parking; and Stage 3 - concept for 2 x 6 storey mixed use buildings with basement car parking; and associated works at Lot 1, DP 884193, 614-632 High Street, and 83-85 Union Road, Penrith be GRANTED 5 YEAR CONSENT (in accordance with S95(2) of Environmental Planning and Assessment Act 1979) subject to the following standard and special conditions and advisory notes, in two schedules A and B for Stages 1/2 and Stage 3 respectively: SCHEDULE
A – Stages 1 and 2 Standard Conditions (amended where necessary to reflect Stage number) 4.1 A001 approved plans – architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated 29 August 2008, and numbered 0656 Issue 1; A001, A098, A099, A100, A101, A102, A103, A104, A105, A106, A500, A501, A502, A600; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G, and L02, Issue F; hydraulic plans prepared by Steve Paul and Partners, numbered SY070033-SW-001-PR-01, dated 4 September, 2008. A006 Separate DA for future development stages A011 DCP Construction A012 Food shop A017 DA for use A026 Advertising sign A039 Graffiti B004 Dust (referring to excavation and basement construction) B005 Mud/soil D001 Sediment and erosion control measures D009 Covered waste storage area D010 Disposal of excavated waste D014 Plant and equipment noise E01A BCA compliance for Class 2-9 E002 BCA issues to be addressed (the entrance doorway of the apartments should not be more than 6 metres from an exit and the exit travel distances from the gym must comply with Clause D1.4 of the Building Code of Australia (Volume 1); E006 Disabled access and facilities E008 Fire safety list F006 Water tank and nuisance G002 Section 73 G004 Integral Energy H001 Stamped plans and erection of site notice H002 Site requirements for construction H003 Traffic management H033 Clothes lines H041 Hours of work H011 Structural engineering plans and specifications H025 Construction of garbage rooms I003 Roads Act Approval 1 I004 Roads Act engineering J003 Pool fence - commercial J010 Pool board/sign K002 Works As Executed K025 Pavement seal K028 Car park staging strategy – Stage 1 - 127 spaces commercial and retail; 20 spaces residential; Stage 2 – 92 spaces commercial and retail; 24 spaces residential; (Stage 3 – 5 spaces retail; 77 spaces residential). Should residential spaces be reallocated from commercial/retail spaces, a contribution for car parking will be applied as per the applicable rate in the Civic Improvements Plan 2008, unless otherwise approved by Council. K031 IN/OUT Separation K036 Maintenance Bond K037 Performance Bond L001 General landscaping (prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G, and L02) L002 Landscape construction L003 Report requirement (i, ii, iv) N001 S94 CIP 2008 Multiple Dwelling Stage 1 $202,384.00 N001 S94 CIP 2008 Commercial office use Stage 1 $767,350.00 N001 S94 CIP 2008 Retail use Stage 1 $106,554.00 N001 S94 District Open Space Stage 1 $75,697.00 N001 S94 Cultural Facilities Stage 1 $5,970.00 N001 S94 Library Facilities Stage 1 $17,107.00 N001 S94 CIP 2008 Multiple Dwelling Stage 2 $179,032.00 N001 S94 CIP 2008 Commercial office use Stage 2 $389,486.00 N001 S94 CIP 2008 Retail use Stage 2 $123,926.00 N001 S94 District Open Space Stage 2 $71,208.00 N001 S94 Cultural Facilities Stage 2 $5,520.00 N001 S94 Library Facilities Stage 2 $15,898.00 P001 Applicants cost P002 Council Fees - Amended Q001 Notice of commencement Q006 Occupation Certificate for Class 2-9 Q010 BASIX Certificate Special Conditions 4.2 Prior to the issue of a Construction Certificate for Stage 2, the balcony to the northeast corner unit to Stage 2 on levels 4, 5 and 6 shall be increased to achieve a minimum dimension of 2 metres. 4.3 Prior
to the issue of a Construction Certificate for Stage 2, a sample of the
material and colour of the roofing material is to be provided to Council to
confirm the roof is non reflective and appropriately coloured, especially
when viewed from the Blue Mountains escarpment. 4.4 The
pedestrian ‘through site’ link and other common property is to be in the
care, control and management of the owner and/or body corporate for the
complex. 4.5 Prior
to the issue of an Occupation Certificate for Stage 1, signals shall be
installed on the car park and loading dock entries in Union lane to alert
pedestrians that cars and trucks are about to cross the footpath. 4.6 Subleasing of car parking spaces is not
permitted by this Consent. 4.7 Prior
to the issue of an Occupation Certificate for Stages 1 and 2, signage,
maintenance issues and waste management are to comply with the requirements
of the State Environmental Planning
Policy No 65 – Residential Flat Design Code Better Design Practice
statements. 4.8 Prior
to the issue of an Occupation Certificate for Stages 1 and 2, a
Security Management Plan is to be provided detailing the management of the
building(s) and strategies to promote safety and deter crime and antisocial
behaviour. This includes use of security personnel, CCTV, access control measures
(eg swipe cards), building alarms and use of intercoms for apartment
buildings. This Plan shall also
include measures to provide security to lifts and the through site pedestrian
link after retail and commercial operating hours to maintain the safety and
security of residents. 4.9 Full
time ‘No Stopping’ restrictions are to be introduced on both sides of 4.10 Full
time “No Stopping” restrictions must be provided 10 metres either side of the
access driveway to the temporary at grade car park (and Stage 3 development)
in 4.11 Prior
to the issue of a Construction Certificate for Stages 1 and 2, appropriate
documentation is to be submitted to demonstrate the following: · At a minimum, 10% of all residential units (5 units) are to be designed according to the adaptable housing code (AS4299). These residential units are to be provided with accessible parking in accordance with AS4299. Should the provision of these spaces reduce the overall number of car parking spaces for the development as a whole, then the suitable modifications of consent will need to made. · Provide a minimum of 2% of all retail parking bays to be designated as accessible. Provide a minimum of 1% of all commercial parking bays designated as accessible parking. According to the AS4299, a 3.8 metre wide car bay shall be provided for every adaptable unit. 4.12 Access for elderly people and people with
disabilities for entry/exit to/from the swimming pool on the podium level is
to be provided. Details are to be
submitted with the Construction Certificate application for Stage 1. 4.13 Prior to the issue of an Occupation Certificate for Stages 1 and 2, the development shall be provided with lighting in the following manner: · Lighting shall be 'vandal resistant' to limit breakage
and vandalism; · Lighting shall take into account all vegetation and landscaping,
and pedestrian pathways; · Lighting shall be designed in accordance with Australian
Standards; · All loading docks shall be well lit; · All entries/exits to complex shall be well lit; · Lighting shall be consistent in order to reduce the
contrast between shadows and illuminated areas; · Lighting shall be contained within the property boundary
and no light shall be projected
upwards (uplighting of landscaping shall be restricted to tree canopy only). · No lighting shall be projected in such a manner that it
would create glare issues for vehicles or pedestrians. · Pedestrian access routes shall be well lit and
identifiable · Adequate illumination shall be provided for directional
signage and building identification.
· 4.14 Prior to the Occupation Certificate for
Stage 1 and 2, the basement car park shall
be treated in the following manner: · Clear signage is to be provided to identify the
entrance/exit to the basement car park for tenants/residents/business
operators and their authorised guests. · Vehicle access to both levels of the basement car park
shall be accessible by tenants/residents/business operators of the building
and their authorised guests only. A
security gate system shall be installed on the building entry/exit point, eg
for use with swipe card security system. · A security system shall be installed on the pedestrian
entry/exit points to the basement, including lifts and internal/external
stair wells, eg use with swipe card or appropriate security system. · All surfaces shall be painted in light coloured paint or
finished in light grey concrete to reflect as much light as possible. · All potential entrapment points shall be avoided, eg
under stairs, blind corners and wide columns.
Adequate lighting and mirrors should be used when certain design
features are unavoidable. · An intercom security system shall be installed in all
levels of the car park. · Consideration should also be given to emergency
phone/help points in all levels of the basement. · Commercial and residential car parking shall be separated
to allow increased safety and security for residential tenants. 4.15 Prior to the Occupation Certificate for
Stages 1 and 2, the building shall be clearly identified with street numbers
visible to assist visitors and emergency services. 4.16 A dilapidation
report of all adjoining buildings and Council owned infrastructure fronting
the development in High Street and 4.17 Basement entry levels are to be designed so that overland flow does not reach the basement. Details are to be provided to Council for consideration and approval prior to the commencement of works. 4.18 The layout of the car parking areas associated with the subject development including driveways, access ramp grades, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements. Full details demonstrating compliance must be submitted with the Construction Certificate for Stages 1 and 2. 4.19 Prior to the issue of an Occupation Certificate for Stages 1 and 2, a parking management plan to control the use of the spaces between the tenancies, and the proposed stacked parking and visitor/tenant parking arrangements is to be submitted to Council. 4.20 All vehicles are to enter and exit the
development in a forward direction. 4.21 All construction vehicles and activities
must be fully contained within the site.
No vehicles associated with the construction or demolition activities
are to stand on High Street. 4.22 All works/regulatory signposting associated
with the proposed development are to be at no cost to the Roads and Traffic
Authority or Council. 4.23 The recommendations of the geotechnical report prepared by Geotechnique Pty Ltd are to be adopted in site works and construction design. 4.24 Prior to the issue of a Construction
Certificate, item (i) as outlined below must be approved by Council. The remaining items (ii) to (viii) will be
completed in the following manner, prior to an Occupation Certificate for
Stages 1 and 2 being issued: (i) Garbage truck travel and collection
heights must be considered in the design of the loading dock in order for
services to be provided. Design
details are to be provided to Council which demonstrate the loading heights
can accommodate the necessary truck movements. (ii) Design of the loading dock drive, turntable
and associated infrastructure must cater for fully laden garbage trucks (21
tonnes). (iii) The proposed access door and roller
shutters to the loading dock are to be provided with an ABLOY locking system
to be installed by Council at the developer’s expense. Council and/or collection contractors will
hold the master key. (iv) A dedicated storage area for commercial
garbage and recycling bins (that does not conflict with loading access)
measuring a minimum of 7.5m x 2.5m must be provided and be separate to
domestic waste storage areas. (v) Basement waste storage rooms are to be
provided with 1.2m wide access doors to cater for future bin sizes if
necessary. (vi) The residential garbage and recycling bins
must be separated for access by the two collection contractors within the
loading dock area. (vii) All waste/recycling storage rooms,
collection points and garbage chutes are to be clearly signed. (viii) Sufficient space must be provided in each
commercial space for the interim storage of garbage and recyclables. 4.25 After occupation, waste storage and
servicing will ensure the following operations: · Right of access onto the site by Council’s waste
collection contractors is to be provided and Council and its contractors must
be indemnified against any property damage or personal injury. · The loading dock must be clear of vehicles in order for
bins to be collected. · Transportation of bins to the loading dock area is to be
performed using motorised carts/vehicles and not lifts. · Bins are not to be placed on the street for collection. · Waste bins and waste collection areas are not to be
accessible to the public or left unsupervised for collection. 4.26 Prior
to the Occupation Certificate for Stages 1 and 2, landscaping is to be
completed in the following manner: · Retaining walls shall be designed with adjacent
furnishings so they are not skateable.
When this is not possible, anti-skate devices shall be robustly
incorporated. · Public art shall be incorporated into the landscape design. The applicant is to liaise with Council’s Cultural Development Officer in this regard. · An uncoloured broom finish
concrete is to be provided on footpaths at the High Street, · Bike racks are not to be provided on the footpath, but should be visible from the footpath. · Placement of street trees is to consider street lighting and major street signs. · Underground electrical wiring to permit street trees to mature and provide character for the urban/residential interface is encouraged. · Substations are to be appropriately screened to improve amenity and safety. 4.27 Prior
to the Construction Certificate for Stages 1 and 2, to ensure early order of
stock, the applicant is to liaise with Council’s Landscape and Urban Design
Supervisor regarding the street tree species and street furnishings to be
nominated 4.28 The
design of the building shall achieve a ABGR rating of 4.5 stars (Australian
Building Greenhouse Rating).
Documentary evidence is to be provided prior to the issue of an
Occupation Certificate. Advices A The additional vehicular access to the temporary car parking area and the permanent Stage 3 development in Union Road relieves the requirement for modifications or bans to turning movements at surrounding intersections. However, Council will reserve the right to review this situation after occupation. B In accordance with the Roads Act 1993, only the Council can issue a
Construction Certificate for works within an existing road reserve. C Any temporary loading zones required during construction will be the subject of a separate application to the Local Traffic Committee and payment of the appropriate fees. SCHEDULE
B – Stage 3 The applicant shall have regard to the following matters in the detail design and development application of the Stage 3 buildings: (i) The Stage 3 development must be implemented substantially in accordance with the architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated 29 August 2008, and numbered 0656 Issue 1; A001, A098, A099, A100, A101, A102, A500, A501, A502, A600; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G.
(ii) A separate development application shall be submitted to Penrith City Council for Stage 3 of the development. (iii) The two buildings are to be 6 storeys in height and contain a mix of residential and retail/commercial land uses. (iv) Vehicular access to two levels of basement
car parking is to be provided via (v) To allow vehicular access at basement
levels, the subsurface road closure of (vi) Car parking spaces are to be provided and allocated to Stage 3 as follows: 5 spaces for retail floor space and 77 spaces for residential floor space. Should residential spaces be reallocated from
commercial/retail spaces, a contribution for car parking will be applied as
per the applicable rate at the time, unless otherwise approved by
Council. The parking space dimensions and manoeuvring areas are to comply
with AS2890.1, the Building Code of Australia and the Commonwealth Disability
Discrimination Act, or the applicable standards at that time. (vii) To maintain pedestrian connectivity and
casual surveillance, the through site pedestrian link from High Street,
between the Stage 1 and 2 buildings, is to continue through Stage 3 to (viii) To maintain residential amenity, apartments are to satisfy the design quality principles of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings and guidelines within The Orange Book. (ix) Access and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”, or the relevant codes at that time. At a minimum, 10% of all residential units (3 units) are to be designed according to the adaptable housing code (AS4299), or the relevant code at that time. (x) To ensure an ecological sustainable outcome, the buildings are to be provided with a green roof and more than satisfy contemporary standards applicable of the time. (xi) To maintain water quality
for the precinct and (xii) To maintain amenity of tenants and residents, waste disposal is to be appropriately serviced and managed.
(xiii) All monetary contributions applicable at the time of issue of Construction Certificates are to be made. 5. Those persons who lodged submissions be notified of Council’s decision. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Ross Fowler OAM returned to the meeting, the time being 8:40pm
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480 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor
Tanya Davies That: 1. The information contained in the report
on Membership of the New
Economic Development entity be received. 2. Mr Craig Butler’s nomination as the General Manager’s representative on
the Board of the new economic development entity be approved. |
The City Supported by
Infrastructure
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481 A MOTION was MOVED by Councillor Jackie Greenow seconded Councillor
Marko Malkoc That: 1. The information contained in the report
on Proposed Commuter Carpark -
St Marys be received. 2. Council gives in-principle support
to the proposed commuter carpark at St Marys. 3. Further discussions be held with RailCorp regarding the ownership /management model as indicated in this report. An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Ben Goldfinch That: 1. The information contained in the report
on Proposed Commuter Carpark -
St Marys be received. 2. Council gives in-principle support
to the proposed commuter carpark at St Marys. 3. Further discussions be held with RailCorp regarding the ownership/management model as indicated in this report. 4. Council write
to the Minister for Transport thanking them for providing a commuter
carparking facility in St Marys and also enquiring as to the intention of the
car park to charge users a fee for usage. On being PUT to the meeting, the AMENDMENT was LOST. On being PUT to the meeting the MOTION was CARRIED. |
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12 Funding Offer from the Roads and Traffic
Authority for Implementation of a 40km/h High Pedestrian Activity Area Scheme
in Penrith CBD |
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482 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor
Kath Presdee That: 1. The information contained in the report
on Funding Offer from the
Roads and Traffic Authority for Implementation of a 40km/h High Pedestrian
Activity Area Scheme in Penrith CBD be received. 2. Council accept the RTA’s offer of $220,000 to commence detailed design and estimates of traffic calming devices associated with a 40km/h High Pedestrian Activity Scheme. 3. Subject
to confirmation of additional RTA funding, up to a total of $300,000, a
40km/h High Pedestrian Activity scheme be implemented in the Penrith CBD as detailed
in the report. 4. Council’s component being up to $150,000 be funded from Traffic Facilities budget and salary savings. 5. Consultation with affected stakeholders be carried out prior to the implementation of traffic calming devices within the City Centre. Councillor Jackie Greenow requested her name be recorded as having voted against motion. |
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13 Transport Conference - Urban Transport
World Australia 2009 |
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483 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded
Councillor Greg Davies That: 1. The information contained in the report
on Transport Conference -
Urban Transport World Australia 2009 be received. 2. Council nominate Councillors to attend the conference on 24 and 25 February 2009. 3. Councillors Jim Aitken OAM, Greg Davies and Ben Goldfinch to attend the conference. |
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484 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded
Councillor Jackie Greenow That: 1. The information contained in the report on
Decision Making Arrangements
During the Council Recess be received. 2. Development
Applications which would normally warrant reporting to Council between 16
December 2008 and 1 February 2009 inclusive be determined under the General
Manager’s delegation by the General Manager, after consultation with
the Mayor, including DA08/1082 – 601 High Street – Civic Space – Operation of
a Farmer’s Market. 3. A report be presented to the Ordinary Council Meeting to be held on 2 February 2009 relating to the operations of the organisation during this period. 4. Development Application DA07/0494 – ADI Site (Penrith) 1070-1274 The Northern Road, Llandilo – Modify Fill Details, be reported to Council for determination. |
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16 Summary of Investments & Banking for
the period 1 November 2008 to 30 November 2008 |
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485 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor
Greg Davies That: 1. The information contained in the report
on Summary of Investments
& Banking for the period 1 November 2008 to 30 November 2008 be received. 2. The
Certificate of the Responsible Accounting Officer and Summaries of Investments
and Performance for the period 1 November 2008 to 30 November 2008 be noted and accepted. 3. The
graphical investment analysis as at 30 November 2008 be noted. |
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Councillor Robert Ardill requested a memo reply to all Councillors regarding the existence of a register of backyard swimming pools and associated inspection programs for pool fence compliance. |
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Councillor Ross Fowler OAM requested that an amount of $3,000 divided equally from all 3 Wards Voted Works be allocated to assist fund the 2009 History Conference. 486 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the matter be brought forward and dealt with as a matter of urgency. His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting. 487 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that $3,000 divided equally from all 3 Wards Voted Works be allocated to assist fund the 2009 History Conference. |
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QWN 3 Council
Property - Electricity Easements at Wallacia Bushfire Brigade, Councillor Karen McKeown left the meeting, the time being 9:02pm. |
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Councillor
Kevin Crameri OAM requested a report to Council investigating whether 25% of
the total compensation received by Council from |
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QWN 4 Region
1 Proposed Bus Network Review – Councillor Karen McKeown returned to the meeting, the time being 9:03pm. |
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Councillor Kevin Crameri OAM requested a memo reply to all Councillors on Council’s position regarding bus route 782. |
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Councillor Kevin Crameri OAM requested a urgent memo reply on the matters raised by residents in relation to the E4 zoning under the proposed Penrith LEP 2008. |
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Councillor
Kevin Crameri OAM requested a memo reply to all Councillors detailing the
work carried out on |
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Councillor
John Thain requested on behalf of the Berkshire/Shanes Park Residents Action
Group an extension of the exhibition period until the end of January for the
proposed school at |
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Councillor John Thain requested that an amount up to $2,400 be divided equally from all 3 Wards Voted Works be allocated to purchase a commercial dishwasher. 488 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency. His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting. 489 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the amount of up to $2,400 be divided equally from all 3 Wards of Voted Works be allocated to purchase a commercial dishwasher. |
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490 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Prue Guillaume the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:12pm. |
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Councillor Kevin Crameri OAM left the meeting, the time being 9:14pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Prue Guillaume that the press and public be excluded from Committee of the Whole to deal with the following matters:
City In Its Environment
2 Commercial
Matter - Additional Project for Regional & Local Community Infrastructure
Program
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.
The
meeting resumed at 9:17pm and the General Manager reported that the Committee
of the Whole met at 9:12pm on 15 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.
Councillor
Kevin Crameri OAM returned to the meeting, the time being 9:18pm.
CONFIDENTIAL BUSINESS
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2 Commercial Matter - Additional Project for Regional & Local Community Infrastructure Program |
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RECOMMENDED
on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison CW2 That: 1. The information contained in the report
on Commercial Matter -
Additional Project for Regional & Local Community Infrastructure Program
be received. 2. An application be made to the Strategic Projects component of the RLCIP as indicated in this report. 3. Design costs for the project be advanced from the Design Reserve (RA40081) as indicated in this report. |
ADOPTION
OF Committee of the Whole
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491 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown the recommendation contained in the Committee of the Whole and shown as CW2 be adopted. |
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MASTER PROGRAM
REPORTS
LEADERSHIP AND ORGANISATION
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492 RESOLVED on the MOTION of Councillor John Thain seconded Councillor
Robert Ardill That the information contained in the report on Regional & Local Community Infrastructure Program be received. |
There being no further business the Chairperson declared the meeting closed the time being 9:21pm.
I certify that these 30 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 15 December 2008..
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Chairperson Date