Agenda of Ordinary Meeting

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 6 APRIL 2009 AT 7:30PM

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, 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.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 March 2009

77 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the minutes of the Ordinary Meeting of 23 March 2009 be confirmed.

DECLARATIONS OF INTEREST

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 3 - High fronted guttering to buildings as he is employed in the building industry.

Reports of Committees

1 Report and Recommendations of the Policy Review Committee Meeting held on 30 March 2009

78 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 30 March, 2009 be adopted.

MASTER PROGRAM REPORTS

Leadership and Organisation

1 Endorsement for Exhibition of the Draft Strategic Plan and 4 Year Delivery Program (2009 - 2013)

79 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Marko Malkoc

That:

1. The information contained in the report on Endorsement for Exhibition of the Draft Strategic Plan and 4 Year Delivery Program (2009 - 2013) be received.

2. Council endorse the draft Strategic Plan and draft 4 Year Delivery Program for exhibition.

The City in its Broader Context

2 Great River Walk Stage 7 Grant Application

80 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1. The information contained in the report on Great River Walk Stage 7 Grant Application be received.

2. Council endorse the lodgement of the application for the 2009 Metropolitan Greenspace Program grant for the Great River Walk Stage 7.

The City as a Social Place

4 Development Application 08/0507 - Torrens Title Subdivision into Two Lots at Lot 421 DP 793120 (No. 9 - 17) Garswood Road, Glenmore Park. Applicant: Freeburn Surveying; Owner: M & M Flammia DA08/0507

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

That:

1. The information contained in the report on Development Application 08/0507 - Torrens Title Subdivision into Two Lots at Lot 421 DP 793120 (No. 9 - 17) Garswood Road, Glenmore Park be received.

2. The State Environmental Planning Policy No.1 variation to the Development Standard, lot density be supported.

3. The application be referred to the Department of Planning for concurrence.

4. Upon receipt of concurrence from the Department of Planning Development Application 08/0507 - Torrens Title Subdivision into Two Lots at Lot 421 DP 793120 (No. 9 - 17) Garswood Road, Glenmore Park be approved under delegation subject to the following Standard and Special Conditions:

Standard Conditions

4.1 A001 - Approved plans that are architecturally drawn

4.2 A011 - Engineering Works DCP

4.3 D001 - Implement approved sediment & erosion control measures

4.4 D002 - Spraygrass

4.5 G001 - Installation of services and service clearance (subdivision)

4.6 G002 - Section 73 (not for single dwellings)

4.7 I003 - Roads Act approval 1

4.8 L001 - General landscaping

4.9 L005 - Planting of plant material

4.10 L006 - AS requirements

4.11 L007 - Tree protection measures–no TMP with DA

4.12 L008 - Tree Preservation Order

4.13 M008 - Linen Plan

4.14 M009 - 88B Instrument

4.15 N001 – N003 - Section 94 contribution (Cultural Facilities, Open Space & Recreation and Glenmore Park Release Area Total Amount $25288.00)

4.16 P001 - Costs

4.17 P002 - Fees associated with Council land

4.18 Q008 - Subdivision Certificate

Special Conditions

4.19 The proposed lots shall be serviced by and all dwellings connected to the sewer of Sydney Water.

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 Kevin Crameri OAM
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

3 High fronted guttering to buildings

82 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on high fronted guttering to buildings be received.

2. Council write to the Minister for Fair Trading seeking their assistance in providing more information to the Industry about the importance of complying with the Australian Standard AS3500.3.

3. Council engage the Australian Steel Institute and local manufacturers to work together to create its own education program for the construction industry, local plumbers and installers, about the importance of complying with Australian Standard AS3500.3.

4. Council implement an advertising campaign to make homeowners aware of the need to comply with the Australian Standard AS3500.3 when replacing guttering.

5 Development Application 08/0969 at Lot 1811 DP 1123236 (No. 12) Forbes Street, Emu Plains. Applicant: Innovation Planning Australia Pty Limited; Owner: B & J Morphett DA08/0969

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

That:

1. The information contained in the report on Development Application 08/0969 at Lot 1811 DP 1123236 (No. 12) Forbes Street, Emu Plains be received.

2. A further report be presented to the next available Council meeting when the Joint Experts report that is being prepared for the hearing has been compiled.

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 Kevin Crameri OAM
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

Leadership and Organisation

6 Amendments to 2009 Meeting Calendar

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

That:

1. The information contained in the report on Amendments to 2009 Meeting Calendar be received.

2. The 2009 Meeting Calendar be altered as follows:

· the Ordinary Council Meetings scheduled for 22 June 2009 and 13 July 2009 be rescheduled to 29 June 2009 and 20 July 2009 respectively;

· the Councillor Briefing scheduled for 29 June 2009 be rescheduled to 6 July 2009; and

· the Policy Review Committee scheduled for 6 July 2009 be rescheduled to 13 July 2009.

9 Penrith Whitewater Stadium Ltd - Board of Directors

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

That:

1. The information contained in the report on Penrith Whitewater Stadium Ltd - Board of Directors be received.

2. Council endorse the appointment of Mr Pat Sheehy AM as a Director on the Board of Penrith Whitewater Stadium Ltd.

7 2009 National General Assembly of Local Government Motions

86 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies

That:

1. The information contained in the report on 2009 National General Assembly of Local Government Motions be received.

2. The following two Motions detailed below be submitted for inclusion in the 2009 Australian Local Government Association National General Assembly Business Paper:

(a) That this National General Assembly call for action by the Australian Federal, State and Territory Governments to provide detailed modelling of the likely impacts of climate change on the operations and responsibilities of local government, and provide local government with information for best practice adaptation and mitigation strategies so as to effectively respond to this critical issue.

(b) That this National General Assembly call for action by the Australian Federal, State and Territory Governments to resource a package of measures to reduce carbon emissions in local areas and which also stimulates job creation and economic development at a time of global financial crisis.

8 2009 Australian Women's Leadership Symposium

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

That:

1. The information contained in the report on 2009 Australian Women's Leadership Symposium be received.

2. Councillors Kaylene Allison, Tanya Davies and Karen McKeown be Council’s delegates to the 2009 Australian Women’s Leadership Symposium being conducted in Sydney from 10 to 11 June 2009.

QUESTIONS WITHOUT NOTICE

QWN 1 Damage to Kerbing by Garbage Trucks – Sallee Glen, Kingswood

Councillor Tanya Davies requested a memo reply to all Councillors concerning the damage to kerbing in Sallee Glen, Kingswood caused by garbage trucks driving over it.

QWN 2 Man holes in Caddens Road and Angophora Avenue, Kingswood

Councillor Tanya Davies requested a memo reply to all Councillors concerning two man holes that have sunk significantly on the corner of Caddens Road and onto Angophora Avenue, Kingswood, causing distraction to drivers.

QWN 3 Northern Road to Castle Road, Kingswood - Need for Right Hand Turning Lane

Councillor Tanya Davies requested a memo reply to all Councillors concerning the need for a right hand turning lane from Northern Road onto Castle Road in Kingswood, with the RTA being engaged to pursue an urgent resolution.

QWN 4 Intersection of Jamison and Mulgoa Roads, Penrith

Councillor Ross Fowler OAM requested that Council urgently write to the Minister for Roads, the RTA, and the Local State Member, requesting a review of the upgrade of the interseciton of Jamison and Mulgoa Roads, Penrith, given its low benefit cost ratio.

Councillor Ross Fowler OAM also requested that a report be submitted to Council on alternative RTA projects in the City that are of a similar budget.

QWN 5 Speeding Vehicles - Orchard Hills

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning the problem of speeding vehicles in the area of Homestead, Kingswood and Wentworth Roads, Orchard Hills, and requesting that the entrance to the new school in the area be provided with a yellow fog light, as well as a sign in the vicinity to warn of the crest and dips in the road.

QWN 6 Parking Offences - Kingswood Post Office and Barber Avenue

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning:

(a) drivers receiving parking fines when stopping to post a letter at the Kingswood Post Office in Bringelly Road; and

(b) drivers receiving parking fines in Barber Avenue, near the private hospital, when they have not parked ‘front to kerb’.

QWN 7 Request for smaller recycling bins

Councillor Jackie Greenow requested a memo reply to all Councillors on the possibility of providing smaller recycling bins to residents who have requested this as an alternative to the current recycling bins.

QWN 8 Freda Whitlam

Councillor John Thain requested a report to Council with regard to making Freda Whitlam an Honoured Citizen of Penrith, with the report to cover Freda’s achievements in the Penrith locality.

QWN 9 Provision of Cricket Wicket at Saunders Park Reserve, St Clair

Councillor Greg Davies requested an urgent report to Council detailing the cost of providing a cricket wicket at Saunders Park Reserve, St Clair.

QWN 10 National Anthem

Councillor Greg Davies requested a memo reply to all Councillors regarding Council approaching Nick Gentle to record a version of the Australian National Anthem at the Joan Sutherland Performing Arts Centre for use at Council Meetings and other local functions.

QWN 11 Signage for Rural Villages

Councillor Karen McKeown requested a memo reply to all Councillors regarding her previous request for uniform ‘village’ signage for rural villages in the area.

QWN 12 Consideration of Legal Matter in Committee of the Whole

Councillor Jim Aitken OAM advised that a legal matter concerning a property in Mulgoa would need to be considered in Committee of the Whole.

Committee of the Whole

88 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:18 pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Mark Davies that the press and public be excluded from Committee of the Whole to deal with the following matters:

Leadership and Organisation

2 Commercial Matter - Lot 101 DP 876202 and Lot 11 DP 129190 Great Western Highway, Kingswood

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.

3 Legal Matter - 8 Donohoes Road, Mulgoa

This item has been referred to Committee of the Whole as the matter refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

The meeting resumed at 8:52 pm and the General Manager reported that the Committee of the Whole met at 8:18 pm on 6 April 2009, the following being present

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

CONFIDENTIAL BUSINESS

2 Commercial Matter - Lot 101 DP 876202 and Lot 11 DP 129190 Great Western Highway, Kingswood

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

CW2 That:

1. The information contained in the report on Commercial Matter - Lot 101 DP 876202 and Lot 11 DP 129190 Great Western Highway, Kingswood be received.

2. Council make a submission as part of the tender process as outlined in this report and subject to final Council approval.

3 Legal Matter - 8 Donohoes Road, Mulgoa

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in an item to be raised in Committee of the Whole Item 3 – Legal Matter – 8 Donohoes Road, Mulgoa, as the matter indirectly concerns an individual who voluntarily handed out election material for Councillor Kevin Crameri OAM.

CW 3 RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the information received with regard to this matter be noted.

ADOPTION OF Committee of the Whole

89 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Kath Presdee that the recommendations contained in the Committee of the Whole and shown as CW 2 and CW 3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:56 pm.

*Ordinary Meeting*	*4 May 2009*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Penrith Valley Community Safety Partnership MEETING

HELD ON 25 March, 2009

PRESENT

Councillor Karen McKeown, Councillor Prue Guillaume, Councillor Ben Goldfinch, Councillor Kaylene Allison, Julie Passau, Penrith Local Area Command; Linda Baumgartner, Penrith Local Area Command; Ben Feszczuk, Penrith Local Area Command; Ray Filewood, St Marys Local Area Command; Kevin Dodds, St Marys Local Area Command; Peter Hill, St Marys Local Area Command; Tracy Leahy, Penrith City Council; Ruth Byrnes, Penrith City Council; Lisa Jenner, Penrith City Council; Jennie Hughes, Workers in Neighbourhood Centres; Yvonne Perkins, Penrith City Council; Allison Kyriakakis, Penrith City Council; Erin Davidson, Penrith City Council; David Burns, Penrith City Council; Alison Pearson, Penrith City Council; Rachael Vella, Penrith City Council; Ken Innes, Glenmore Park Action Group

APOLOGIES

His Worship the Mayor Councillor Jim Aitken OAM; Mary Cook, Glenmore Park Action Group; Kristy Williams, St Marys Local Area Command; Grant Healey, Penrith Local Area Command; Jeni Pollard, Penrith City Council; Anthony Holton, St Marys Local Area Command; Susan Page, Glenmore Park Action Group.

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 13 November 2008

The minutes of the Penrith Valley Community Safety Partnership Meeting of 13 November 2008 were confirmed.

MASTER PROGRAM REPORTS

The City as a Social Place

1 Penrith Valley Community Safety Plan - Key Strategy Development 2007-2011

1 Update of Alcohol Free Zones and Alcohol Free Areas

Ms Allison Kyriakakis advised that a report was compiled and submitted to Council for its approval of each of the Alcohol Free Zones and Alcohol Free Areas that were proposed at various locations across the City.

The process involved a lengthy consultation period with letters sent to local residents, businesses and sporting clubs that may be impacted by the designated Alcohol Free Zones and Alcohol Free Areas.

Numerous letters of support have been received for the implementation of the Alcohol Free Zones and Alcohol Free Areas with no written objections received.

Ms Kyriakakis advised that Alcohol Free Zones are established under Section 644 of the Local Government Act 1993 and cover public roads, footpaths and car parks and Alcohol Free Areas are established under Section 632 of the Local Government Act and cover parks, reserves and other public spaces. The majority of zones are time limited from 10.00pm until 8.00am, whilst some will be 24 hours in response to feedback from police and the community. Sporting clubs sell alcohol at club games however, the implementation of an Alcohol Free Area should not impact on this.

Alcohol Free Zones can be implemented for four years due to a change in legislation, previously they needed to be reviewed every three years. Alcohol Free Areas can be implemented without review, though Council will implement these on a four year review period in conjunction with the Alcohol Free Zones.

Maps are currently being developed for the Alcohol Free Zones which will be included on signage and published on Council’s website with a prominent link to all information, including community education brochures. Alcohol Free Zones will also be identified by kerb side stencilling on footpaths in suitable locations such as CBD areas.

Ben Feszczuk suggested that when implementing the signage, Council should consider not specifying the penalty unit as these change too often when legislation is reviewed and could be costly to update signage when changes take place. Rather it was suggested to display “penalties exceed $.......” or “penalties apply”.

Ms Kyriakakis also advised that a community education brochure is being developed to educate the community about the Alcohol Free Zones and Alcohol Free Areas. This brochure will also be published on Council’s website.

2 Community Safety Audits – Railway Precincts

Community Safety audits that were scheduled for Penrith, St Marys and Kingswood Railway Precincts have now been completed. The audit report from the Penrith Railway Precinct audit has been completed and mailed out to all participants. The St Marys and Kingswood Railway Precinct audit reports are in the process of being finalised.

Ms Kyriakakis provided an overview of some of the key recommendations that have been highlighted from each of the Audit locations.

Ms Kyriakakis advised that a funding application was submitted to install new fencing and additional CPTED treatments to the Jane Street car park in partnership with RailCorp. Verbal advice has been received advising the funding submission has been successful.

The Penrith Senior Citizens Centre, along Station Street requires security treatments to deter antisocial behaviour occurring along the front of the building. New fencing will be installed at the front of the centre under the Federal Government Local Community Infrastructure Program.

The Ministry of Transport also engaged an independent consultant to conduct an audit at the Kingswood Railway Precinct which identified a number of issues also highlighted by the Audit conducted by the Penrith Valley Community Safety Partnership.

Yvonne Perkins advised that the late night audit has not yet been programmed. It is anticipated that this audit will run from midnight and include Penrith, St Marys and Kingswood railway precincts.

Ben Feszczuk and Ray Filewood both advised they would be happy to provide a car and officers to participate in the night audit.

David Burns advised that the State Government is to construct a commuter car park on Council’s land in Harris Street, St Marys. The construction will include access to the station platform via a pedestrian bridge and an improved interchange. The multideck car park will also include CCTV.

3 Funding Submissions

Ms Kyriakakis advised that she has received verbal advice from the NSW Attorney General’s Department that Council has been successful in obtaining funding for two projects under the Crime Prevention funding scheme. The two projects successful for funding are, the “Plate Safe” program and fencing for Jane Street car park, Penrith.

The “Plate Safe” program is designed to minimise number plate theft in the Penrith LGA. The project involves the fitting of anti – theft number plate screws to vehicles. This will be carried out at a number of locations across the Penrith and St Marys area in partnership with Penrith and St Marys Police.

The Jane Street car park fencing project was submitted in partnership with RailCorp. This project involves fencing the Eastern section of the car park to reduce the risk of motor vehicle theft and theft from motor vehicle incidents at the location.

A funding submission under the Proceeds of Crime Act Grant Scheme has also recently been submitted. The project is aimed at minimising antisocial behaviour and harassment in the green space between the Joan Sutherland Performing Arts Centre, Westfield and Council.

The project seeks funding for a community project officer to engage with users of the space, develop and implement a regular program of events and activities to target a range of age groups, including young people, families and children. This is aimed at improving safety and perceptions of safety at this location.

4 Warner Group Graffiti Education Program

Ms Kyriakakis advised that Warner Group has continued to deliver the final phase of the 2008 – 2009 Graffiti Education program. Schools that missed out last year have been scheduled to receive the program in the coming months.

Continual positive feedback has been received from schools who have already received the program. Schools have also tendered expressions of interest that they would like the program delivered on an annual basis as part of their regular curriculum.

Due to the first year success of the program, Council will engage Warner Group to deliver a second year of the program commencing July 2009.

Kevin Dodds requested a list of schools that are participating in the program as he is concerned some schools within the Penrith LGA that are known for graffiti activity have not taken on the program. Julie Passau and Linda Baumgartner later requested a copy of schools participating in the program also.

Ben Feszczuk advised that Penrith Police, in partnership with Penrith Press and Crime Stoppers have commenced Operation Van Gough.

Each week the Penrith Press will publish a graffiti tag that has been identified at numerous locations within the Penrith LGA. Readers are encouraged to contact crime stoppers if they recognise the tag and can provide information that can identify the tagger/s. This operation will be carried out for six months, with different tags published each week.

5 Community Sharps Information

Ms Kyriakakis advised that a Community Sharps Information Kit has been developed to educate the community on the safe disposal of community sharps and how to report discarded sharps found in public spaces to Council.

The kit contains the following information:

٠ “Safe Disposal of Community Sharps” brochure

٠ Reporting community sharps to Council

٠ “Report it, Don’t Ignore it” kit

٠ Council’s Public Domain Amenity & Safety Department directory

٠ Needle Clean Up hotline card

6 Domestic Violence Help Card

Ms Kyriakakis passed a copy of the amended Domestic Violence Help Card around the table for review.

The card is an initiative of the Nepean Domestic Violence Network and has recently been updated to give it a fresh new look and update contact details. The card aims to provide information to victims of domestic violence and lists a range of local services.

7 Pedestrian Laneways – Proposed Closures and Upgrades

Ms Kyriakakis advised that community consultations have commenced to physically close a number of pedestrian laneways in the Penrith LGA. This process is in response to a number of representations received from the community regarding malicious damage, antisocial behaviour and the impact this behaviour has on neighbouring residents. Gates have been proposed to be installed at each end of the laneway to restrict pedestrian access.

The five laneways that have been proposed for physical closure are:

٠ Rodley Lane, Penrith

٠ Vista Lane, Penrith

٠ McCartney Lane, St Clair

٠ Ball Lane, Colyton

٠ Morningbird Lane, St Clair

As part of the process for physically closing these laneways, letters have been sent to neighbouring residents and key services in the area including shopping centres, schools and community centres inviting feedback on the impact of the closure. Pedestrian counts have also been scheduled to determine the level of pedestrian activity. Police data has also been sought to identify levels of reported incidents occurring at these locations.

Ms Kyriakakis also advised that a number of laneways have been reviewed in previous years and due to high usage these can not be physically closed. However, a review is being conducted of these laneways to prioritise those that will benefit from physical upgrades to enhance safety. This includes the installation of new style bollards to restrict motor bike access. The new style bollards feature a name plate which identifies the location with emergency contact numbers on the back for use in the event of an emergency.

Other upgrades to identified laneways include improved lighting and general maintenance works to improve the amenity and safety for pedestrians.

8 Staff Recruitment – Public Domain Amenity and Safety

Ms Kyriakakis introduced and welcomed Alison Pearson, Council’s Systems and Administration Support Officer to the Community Safety team.

RECOMMENDED that the information contained in the report on Penrith Valley Community Safety Plan - Key Strategy Development 2007-2011 be received.

Regular Items

A) Police Statistics

PENRITH LOCAL AREA COMMAND

Reported Crime Statistics November 2008 – February 2009

Crime Category	Nov 08	Dec 08	Jan 09	Feb 09
Assault	78	49	89	77
Robbery	3	2	5	3
Break & Enter	96	51	79	47
Stealing	150	121	126	124
Steal Motor Vehicle	42	22	24	23
Malicious Damage	143	111	111	99
Drug Detection	16	18	18	15
Traffic Offences	679	588	399	571
Motor Vehicle Accident	66	67	68	61

St Marys LOCAL AREA COMMAND

Reported Crime Statistics November 2008 – February 2009

Crime Category	Nov 08	Dec 08	Jan 09	Feb 09
Assault	130	106	104	101
Robbery	14	4	11	7
Break & Enter	63	63	53	66
Stealing	134	103	106	110
Steal Motor Vehicle	36	31	33	33
Malicious Damage	141	172	157	150
Drug Detection	13	23	21	18
Traffic Offences	604	654	422	491
Motor Vehicle Accident	77	79	46	71

B) What’s In The Media

Media File January - March 2009

GENERAL BUSINESS

GB 1 Spray Cans

Councillor Prue Guillaume requested information on the restrictions of buying spray cans. Julie Passau advised that there are restrictions on the retailer selling spray cans. Retailers must lock them in a cabinet and restrict access to them. Alternatively retailers can store them on a shelf higher than 2.1metres, so customers must seek assistance if they wish to purchase them.

If a retailer suspects that the customer is a minor or suspects an offence will be committed, they must refuse the sale. If the retailer is caught selling to a minor serious penalties apply.

Ben Feszczuk advised that the graffiti laws had recently changed to make it illegal to possess either spray cans or textas with the intention of using them to damage or deface premises or property. The law was previously only applicable to spray paint cans.

GB 2 Glassings and Foot Patrols within the Penrith CBD

Councillor Karen McKeown advised that at the last Penrith Valley Community Safety Partnership meeting in November 2008, Grant Healey advised that an action plan was developed for the Christmas New Year period to address alcohol related crime and glassings in the LGA. Councillor McKeown requested an update on the outcome of the action plan.

Ben Feszczuk advised, on behalf of Grant Healey, that all applicable venues had complied with implementing polycarbonate glasses in their premises.

Councillor McKeown also requested an update on the foot patrol in the Penrith CBD that the Penrith City Centre Association implemented.

Julie Passau advised that during the time the project had been operating, there had been a decrease of incidents. The project was operating for a four month trial period and ceased on Saturday 14 February 2009.

Yvonne Perkins advised that she had collected statistics from the period 30/6/08 to 24/3/09 of graffiti hits within the area the foot patrol had been implemented. These statistics showed no evidence of either an increase or decrease in graffiti hits as a result of the foot patrols.

Yvonne Perkins advised that funding was an issue for the Penrith City Centre Association to maintain the sustainability of the patrols.

GB 3 Youth Week

Tracy Leahy advised that Youth Week events will be happening around the City. Penrith Youth Interagency will be hosting a free event at Judges Park. This event was originally scheduled to be held at green space between the Joan Sutherland Performing Arts Centre and Westfields; however was rescheduled due to the recent returfing of this area.

The event will be held on Thursday 2 April 2009 between 4.00pm and 7.00pm

There being no further business the Chairperson declared the meeting closed the time being 8.07pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 25 March, 2009 be adopted.

*Ordinary Meeting*	*4 May 2009*
*Leadership and Organisation*

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 1 April, 2009

PRESENT

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

IN ATTENDANCE

Joe Ibbitson, Community Programs Co-ordinator; Vanessa Muscat, Environmental Health and Building Surveyor; Grant Collins, Recreational and Cultural Facilities Planner; Hans Meijer, City Works Manager; Ben Felten, Disability Access Officer; Graham Howe, Acting Building Projects and Maintenance Co-ordinator; Mark Broderick, Senior Environmental Planner; Jonathon Wood, Environmental Planner; Josephine Bavatu, Environmental Planner; Erich Weller, Community and Cultural Development Manager.

APOLOGIES

An apology was accepted from Steve Barratt.

CONFIRMATION OF MINUTES - Access Committee Meeting - 4 February 2009

The Access Committee Meeting of 4 February 2009 were confirmed.

BUSINESS ARISING FROM MINUTES OF 4 FEBRUARY 2009

GB4 Process within Council for Dealing with Complaints

Councillor Greenow advised that a memo had been prepared in regard to this issue and would be dealt with in General Business.

3 Draft Disability Access to Premises Building Standards

Vanessa Muscat advised that she had the submission from the Human Rights Commission if committee members would like a copy.

DECLARATIONS OF INTEREST

No declarations of interest.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 Penrith City Council Universal Design Initiative

Grant Collins gave a presentation on Universal Design showing examples of accessibility.

Rance Oval at Werrington has been selected this year to establish a universal design playground.

Issues discussed by the Committee included:

· “Out and About” Universal Design Project

· Penrith is acknowledged as being at the forefront of incorporating universal design into planning

· lack of public transport at Rance Oval park.

Grant Collins advised that a workshop would be held in May regarding the design process. He asked for advice from the committee as to who to invite to this workshop.

Councillor Greenow suggested that Committee members think about who should be invited and give the names to Joe Ibbitson.

Grant Collins was thanked for his presentation.

RECOMMENDED that:

1. The information contained in the report on Penrith City Council Universal Design Initiative be received.

2. The Committee thank Grant Collins for all the work he has undertaken on universal design.

The City as a Social Place

4 Development Application referral to the Access Committee

DA09/0163 Erection of a 56 place Child Care Centres in Mulgoa

Jonathon Wood advised that the application is for a single storey building with metal clad sheeting to be used as a long day care centre for 56 children. There will be two separate activity rooms, cot rooms, junior toilets, outdoor covered play area, and unisex staff toilet serving as disabled facility. Parking comprises 14 spaces with one dedicated space. Twelve trees will be removed and a pump-out sewerage system will be used.

Mark Broderick left the meeting at 5.50pm.

Grant Collins left the meeting at 5.50pm.

Issues raised concerning the application included:

· whether there is a ramp from the carpark to the footpath

· the need for more than one ramp for access to the footpath

· whether there is a step up into the entry

· the application was deficient in a number of areas

· access to the playground

· no access report was supplied with the application

· the disabled toilet in the staffroom does not allow for privacy

· width of the doors

· provision of a sluice.

Alterations and additions to Embassy Hotel and place of Public Entertainment

Jonathon Wood advised that this application is a precursor to a development application to Council. The proposal will see the Embassy Hotel extend to the first floor, above their current location, to where the Bloc Nightclub was previously located.

Jonathon Wood advised that the hotel has two entrances at present – from the parking area and from High Street. There is a side entrance on Union Lane.

The Embassy Hotel has proposed lift access. The applicants met with Council officers on site and discussed issues. An access report has been provided.

Issues of concern include:

· points of arrival to the hotel

· no dedicated spaces in the carpark

· width of doors – to a minimum of 800mm to provide access

· width of stairs

· no tactile indicators

· proposed installation of warning button

· unisex sanitary facility on the first floor – some non-compliance

· evacuation of people with disabilities in the case of fire

· carpark outside first floor –dangerous and poorly lit at night

· location of the lift to the first floor

· provision of a sick room or first aid room.

Jonathon Wood advised that the developers are prepared to adopt the recommendations in the access report.

The Committee held a supper break at 6.10pm. Jonathon Wood and Josephine Bavatu left the meeting.

The meeting resumed at 6.25pm.

2 Access to Commercial Premises

Joe Ibbitson advised that at the previous Access Committee meeting John Farragher raised the issue of access to commercial premises. He had also raised this issue with David Bradbury MP. It was suggested that the Federal Government consider the introduction of tax incentives to encourage commercial premises owners and/or tenants to undertake minor works that would enhance access to their premises.

At present there are many premises within the CBD which are not wheelchair accessible. This matter was discussed briefly at the last meeting and it was agreed the matter would be considered through this report tonight. David Bradbury MP has written to the Hon Chris Bowen MP, Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, and the Hon Bill Shorten MP, Parliamentary Secretary for Disabilities and Children’s Services, in relation to this matter. John Farragher also forwarded a submission to the House of Representatives Standing Committee on Legal and Constitutional Affairs. Their response stated they will accept the submission as part of the Inquiry into the Draft Disability (Access to Premises – Buildings) Standards and will be considered in that context.

At the time of the last meeting it was thought that maybe this matter could be considered as part of the Commonwealth Government’s broad taxation review. There is a website for further information or to view the consultation document and terms of reference. At this stage Council has not committed to making a submission to the tax review.

This report proposes that Council forward John Farragher’s submission to the taxation review.

John Farragher requested that WSROC be contacted to help add momentum to this issue.

Erich Weller advised we could write to WSROC and all member councils of WSROC drawing this matter to their attention and the closing date for their submissions.

Erich Weller also advised that he would discuss forwarding information to WSROC and other councils with the Executive Officer in the first instance.

John Farragher advised that David Bradbury MP had been very supportive with the proposal for all future buildings to be wheelchair accessible.

Josephine Bavatu returned to the meeting.

RECOMMENDED that:

1. The information contained in the report on Access to Commercial Premises be received.

2. Council forward a copy of Mr Farragher’s submission to the Commonwealth Government with a request that it be considered under the terms of the taxation review.

3. The information on this matter be forwarded to WSROC and member councils.

4. John Farragher be thanked for the work he has undertaken on this matter.

4 Development Application referral to the Access Committee (Continued)

DA09/0171 Penrith Regional Sports Centre

Josephine Bavatu summarised the development application and advised that a BCA assessment report was also submitted.

Issues of concern which were discussed included:

· provision of a wheelchair lift

· wheelchair access spaces in comparison to total seating

· non-fixed seating – access issues

· step up or down from the court to the footpath

· vision from a wheelchair on a flat floor

· continuous path of travel from the carpark

· width of office doors

· provision of urinal and sluice

· accessible reception counter

· size of wheelchair basketball rooms

· lift should be installed in stage one – suggestion to condition the DA so that the mezzanine cannot be used until the lift is installed.

DA05/1384.04 Panthers Football Stadium Update

Josephine Bavatu provided a status update on the football stadium upgrade and modifications.

Councillor Guillaume left the meeting.

Issues discussed included:

· purchase of wheelchair accessible seats at Panthers – staff training

· drop off point for people with disabilities

· ground level shelter for people with disabilities.

Denise Heath left the meeting at 7.14pm.

A visit to Panthers Football Stadium will be organised for Access Committee members. A letter will be sent out to members with a date and time giving about four weeks notice.

DA09/0221 Community Facility – 46 Bringelly Road and 49 First Ave., Kingswood

Josephine Bavatu introduced the development application by Mission Australia for construction of a two storey community centre – family support services and a family accommodation centre. An access report has been provided.

The Committee raised the following issues:

· width of the door in the accessible unit

· location of the disabled carparking.

Vanessa Muscat suggested that at the next meeting the plans be projected on the screen. Vanessa Muscat also asked that if members cannot read the plans they contact her prior to the meeting date and she will go through the plans in more detail.

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

3 Draft Penrith Inclusion Plan - People with Disability 2009-2013

Joe Ibbitson advised that the Draft Penrith Inclusion Plan had been sent out under separate cover.

Josephine Bavatu left the meeting at 7.30pm.

Joe Ibbitson summarised the report and advised that 75% of the tasks in Council’s first Disability Action Plan had been completed or substantially completed.

The Draft Inclusion Plan contains actions and strategies that Council will pursue over the next four years.

It is proposed to take the plan to a Council Policy and Review Committee meeting on the Committee’s recommendation in mid May. Then the plan would be placed on public exhibition for four weeks before the end of June. The plan would be finalised about mid year and then begin the implementation process over the next four years.

Joe Ibbitson advised that he was looking for the Committee’s general response to the draft plan.

Erich Weller informed the meeting that during the public exhibition period there will be an additional opportunity for Access Committee members and the groups they are affiliated with to comment on the plan.

Advertisements and a media release will be placed in local papers after Council endorses the plan to go on exhibition.

After feedback from the public exhibition process amendments will be made to the plan and it will be reported to Council. This will then become the adopted Penrith Inclusion Plan for 2009-2013.

Joe Ibbitson advised that the tasks from the previous plan have either been incorporated in the new plan or have been completed.

The Committee also discussed the following:

· evaluation of the previous Disability Action Plan

· the new plan is more about inclusion – encouraging and promoting people with disabilities

· the culture within Council to responding to the specific needs of people with disabilities has changed a great deal over the past few years

· access to information

· inclusion in all aspects of community life

· the new plan has a philosophy of city leadership.

RECOMMENDED that:

1. The information contained in the report on Draft Penrith Inclusion Plan - People with Disability 2009-2013 be received.

2. That the Draft Penrith Inclusion Plan – People with Disability 2009-13 be presented to a Council Policy Review Committee meeting for placement on Public Exhibition.

GENERAL BUSINESS

GB 1 Memo to Access Committee re Council Requests and Complaints

Joe Ibbitson handed out a memo to Committee members regarding procedures for making complaints to Council in relation to access issues.

Councillor Greenow asked Committee members to contact Joe Ibbitson if they had any concerns or questions in relation to the memo. It is preferable to use this system for requests or complaints rather than waiting for an Access Committee meeting.

GB 2 Cover Design for Access Committee Business Paper

At a previous meeting a change to the cover design of the Access Committee business paper was discussed. Ronda Hopkins, Denise Heath and Joe Ibbitson met to discuss options and to produce some draft designs for the Committee to consider.

Councillor Greenow suggested using a photo on the front of the business paper, with a different picture used for each meeting as with Council business papers.

The Committee discussed a range of pictures which could be used for the front cover of the Access Committee business paper.

A suggestion was made to incorporate the notion of inclusion in the name of the committee. Councillor Greenow advised that for the name of the committee to be changed a report would need to go to Council.

Vanessa Muscat suggested that people come back with their own designs for the next meeting.

Vanessa Muscat will organise the picture for the front of the next Access Committee business paper.

GB 3 Hoyts Carer’s Ticket

Tricia Hitchen advised that there is a new initiative for carers to pay $2 for a ticket to accompany people with disabilities into the cinema.

Ben Felten agreed to send Committee members an email with information on how to apply for a companion or carers card.

GB 4 Nepean Private Hospital Carpark

John Farragher asked for the Nepean Private Hospital carpark to be investigated. He has found that when travelling in a wheelchair it is necessary to go past the bottom gate, which is considered dangerous, to get onto the footpath to the hospital.

There being no further business the Chairperson declared the meeting closed the time being 8.03pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 1 April, 2009 be adopted.

*Ordinary Meeting*	*4 May 2009*
*The City Supported by Infrastructure*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 April, 2009

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Wayne Mitchell - Group Manager City Infrastructure, Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy – Representative for the Member for Londonderry, Sergeant Natasha Crawford - Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ibrahim El-Jamal – Trainee Engineer

IN ATTENDANCE

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

APOLOGIES

Councillor Jackie Greenow

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 March 2009

The minutes of the Local Traffic Committee Meeting of 2 March 2009 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

MASTER PROGRAM REPORTS

The City Supported by Infrastructure

1 College Street, Cambridge Park - Request for Provision of Median Island

RECOMMENDED

That:

1. The information contained in the report on College Street, Cambridge Park - Request for Provision of Median Island be received.

2. The proposal of the median island at the intersection of College Street and Richmond Street not be implemented.

3. The resident be advised.

2 Kiber Drive, Glenmore Park - Provision of Double-Barrier Linemarking

RECOMMENDED

That:

1. The information contained in the report on Kiber Drive, Glenmore Park - Provision of Double-Barrier Linemarking be received.

2. Consultation be undertaken with property owners at 86, 88, 90, 95, 95a, and 97 Kiber Drive, Glenmore Park, with any substantial objections referred back to the Local Traffic Committee.

3. Subject to no substantial objections being received, double-barrier linemarking be installed on both approaches to the bend, starting from the roundabout at the intersection of Kiber Drive and Muru Drive to Binnit Place, and an additional 15m of double-barrier linemarking on the eastern side of the intersection of Kiber Drive and Binnit Place, Glenmore Park.

4. Councillor Prue Guillaume and the resident be advised.

3 Copeland Street, Kingswood - Proposed Provision of Pedestrian Refuge Island

RECOMMENDED

That:

1. The information contained in the report on Copeland St, Kingswood - Proposed Provision of Pedestrian Refuge Island be received.

2. The project for a pedestrian refuge on Copeland Street, Kingswood, west of Phillip Street, be entered into Council’s Traffic Facility Prioritisation Process. When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to investigate options for the pedestrian refuge island on Copeland Street, and a further report be submitted to the Local Traffic Committee for consideration and endorsement of the plan.

3. St Dominics College be advised of Council’s resolution.

4 Erskine Business Park, Erskine Park - Proposed Provision of Heavy Vehicle On-Street Rest Areas

RECOMMENDED

That:

1. The information contained in the report on Erskine Business Park, Erskine Park - Proposed Provision of Heavy Vehicle On-Street Rest Areas be received

2. Heavy Vehicle On-Street Rest Areas be implemented on a 12-month trial period from the date of installation, and a further report be submitted to the Local Traffic Committee addressing the trial.

3. Council’s Traffic Section be given authority to remove the signage at any time within the 12-month trial should it be considered that it has an adverse impact on traffic flow, or is being abused by drivers.

4. The Roads and Traffic Authority liaise with Council to implement an educational programme to promote the proper use, locations and benefits of the truck rest stop areas, with the development of a pamphlet/flyer or similar to issue.

5. “P Heavy Vehicles Permitted – Longer than 1 Hour 5pm to 7am Mon–Fri, All Day Sat & Sun” signs be installed on Templar Road on the eastern side, south of Lockwood Road for a length of about 150m, Lockwood Road on the northern side, 100m east and 75m west of Kellet Close, for a length of about 175m, Sarah Andrews Close on the northern side between the large 90° bend and 75m from the end of the road, for a length of about 150m.

6. Council accept the Roads and Traffic Authority’s offer to fund the project.

5 East Lane, St Marys - Proposed Provision of 'No Stopping' Signs at Intersection of King Street

RECOMMENDED

That:

1. The information contained in the report on East Lane, St Marys - Proposed Provision of 'No Stopping' Signs at Intersection of King Street be received.

2. ‘No Stopping’ signs be installed on the west side of East Lane, 10m north from the King Street intersection (left arrow), on the east side of East Lane, 10m north from the King Street intersection (right arrow) and on the north side of King Street, 10m east from the East Lane intersection (left arrow).

3. The existing ‘No Stopping’ zone on King Street to be relocated 10m from the prolongation of East Lane.

6 Anthony Crescent, Kingswood - Proposed Modification of 'No Parking' Signs Between the Intersections of Second Avenue and Pearson Street

RECOMMENDED

That:

1. The information contained in the report on Anthony Crescent, Kingswood - Proposed Modification of 'No Parking' Signs Between the Intersections of Second Avenue and Pearson Street be received.

2. Consultation be conducted with effected residents and any substantial objections referred back to the Local Traffic Committee for consideration.

3. ‘No Stopping’ restrictions be installed on the western side of Pearson Street, 10m north of Anthony Crescent (left arrow); the northern side of Anthony Crescent, 10m west of Pearson Street (right arrow); the eastern side of Pearson Street, 10m north of Anthony Crescent (right arrow); the northern side of Anthony Crescent, 10m east of Pearson Street (left arrow); the northern side of Second Avenue, 10m east of Anthony Crescent (left arrow); the eastern side of Anthony Crescent, 10m north of Second Avenue (right arrow); the eastern side of Anthony Crescent, 10m south of the road curve (right arrow); outside 50 Anthony Crescent, 10m east of the road curve (left arrow), subject to no substantial objections.

4. ‘No Parking’ restrictions be installed on the eastern side of Anthony Crescent, 10m south of the road curve (right arrow).

5. ‘No Parking’ restrictions be removed at property number 47 Anthony Crescent, 50m north of Second Avenue (east side), 80m north of Second Avenue (east side).

6. Penrith City Council Rangers be advised of the modifications.

7 Old Bathurst Road, Emu Heights - Road Upgrades Under the 2008/2009 Auslink Blackspot Program

RECOMMENDED

That:

1. The information contained in the report on Old Bathurst Road, Emu Heights - Road Upgrades Under the 2008/2009 Auslink Blackspot Program be received.

2. Design Plan No. AO62 be finalised and endorsed for construction with funding available under the 2008/2009 National Black Spot Program.

8 The Lakes Drive, Glenmore Park - Request for Provision of Marked Parking Bays Outside Glenmore Park Public School

RECOMMENDED

That:

1. The information contained in the report on The Lakes Drive, Glenmore Park - Request for Provision of Marked Parking Bays Outside Glenmore Park Public School be received.

2. The provision of marked parking bays not be supported based on restrictive road widths that would result in implementing required bay dimensions as per Australian Standard 2890.5–1993 Section 2 Parking Arrangements and Bay Dimensions.

3. Councillor Prue Guillaume be advised of Council’s resolution.

9 St Marys CBD - St Marys RSL ANZAC March on Sunday, 19 April 2009

RECOMMENDED

That:

1. The information contained in the report on St Marys CBD - St Marys RSL ANZAC March on Sunday, 19 April 2009 is received.

2. The Committee note the information.

GENERAL BUSINESS

GB 1 The Northern Road/Chain-o-ponds Road, Mulgoa – Traffic Safety (Raised Councillor Greg Davies)

Council’s Road Network Services Engineer raised concerns on behalf of Councillor Greg Davies regarding traffic safety at the intersection of The Northern Road and Chain‑o‑ponds Road, Mulgoa. Vehicles waiting to turn right into Chain-o-ponds Road from The Northern Road are at risk of a rear-end collision from through vehicles. Councillor Davies has requested that the matter be investigated, with a view to providing intersection improvements, such as turning bays.

RECOMMENDED

That Council write to the Roads and Traffic Authority and request that the intersection be investigated, as The Northern Road is under the control and management of the Authority.

GB 2 Grays Lane, Cranebrook – Proposed Provision of ‘No Stopping’ Signs at New Traffic Facility (Raised Council)

Council’s Road Network Services Engineer advised that a new traffic calming device has recently been completed in Grays Lane, Cranebrook. This new facility is in close proximity to Henry Fulton Primary School and parents park near the device to drop off and pick up children before and after school.

To improve approach sight distance and traffic safety, it is proposed to provide ‘No Stopping’ signs on the eastern and western sides of Grays Lane, for the full length of the facility.

RECOMMENDED

That ‘No Stopping’ restrictions be provided on Grays Lane at the new traffic facility near Komirra Road, for the full length of the facility, in accordance with Plan No. AG135.

GB 3 Old Bathurst Road, Emu Heights – Heavy Vehicle Signage (Raised Penrith Police)

The Penrith Police representative requested provision of new and larger ‘Load Limit’ signs on Old Bathurst Road, Emu Heights, to reduce the incidence of heavy vehicles getting into difficulty as they travel up Old Bathurst Road.

RECOMMENDED

That the matter be investigated.

GB 4 Nepean High School, Great Western Highway, Emu Plains – Request for Provision of Signage at Busbay (Raised Penrith Police)

The Penrith Police representative requested the provision of more signs to indicate ‘No Entry’ or ‘Buses Only’ in the busbay at Nepean High School on the Great Western Highway, Emu Plains, to stop other vehicles from entering into and parking in the busbay. The Police representative advised that the existing signs are difficult to notice and additional signs may be required.

RECOMMENDED

That the matter be investigated.

GB 5 ANZAC Day March, Sunday 19 April 2009 & ANZAC Day Dawn Service, Saturday 25 April 2009 (Raised Penrith Police)

The Penrith Police representative advised the Committee that Police approval has been given for the ANZAC Day March on Sunday 19 April 2009. The March is proposed as a procession of approximately 1,500 people, who will assemble at the corner of Evan and High Streets, Penrith at approximately 2.30pm. The March will proceed west along High Street to Woodriff Street and conclude at approximately 4.00pm.

In addition, Penrith Police have approved an ANZAC Day Dawn Service on Saturday 25 April 2009 from 4.30am to 5.30am in Memory Park on the corner of High and Woodriff Streets, Penrith. The Dawn Service will include a march of approximately 500 people, commencing at 4.30am. The march will start at the intersection of Castlereagh and Lethbridge Streets, proceed along Lethbridge Street and into Memory Park, and conclude at 5.30am.

RECOMMENDED

That the Committee note the information.

GB 6 NAIDOC Day at Jamison Park on Friday 17 July 2009 – Request for Temporary Reduction of Speed Limit (Raised Penrith Police)

The Penrith Police representative requested, on behalf of the Police Inspector, that the speed limit be reduced around Jamison Park for the period of the NAIDOC Day event.

The Roads and Traffic Authority (RTA) representative advised Police to send a request to the RTA’s Speed Management Section.

RECOMMENDED

That the Committee note the information.

GB 7 Factory Road, Regentville – Request for Provision of Parking Restrictions (Raised Council)

Council’s Co-ordinator, Ranger Services advised the Committee of complaints received from a resident about vehicles parking near her driveway and obstructing sight distance. The resident has requested the provision of parking restrictions near the driveway at 124 Factory Road, Regentville.

RECOMMENDED

That the matter be investigated.

GB 8 Jane Street/Castlereagh Road, Penrith – Traffic Safety at Intersection (Raised Councillor McKeown)

Councillor McKeown raised concerns about traffic safety at the intersection of Jane Street and Castlereagh Road, Penrith. For vehicles heading west on Jane Street, there are two turning lanes to turn left and two lanes to turn right into Castlereagh Road. When vehicles waiting to turn left are queued past Westfield, some drivers are using the right turning lanes to turn left, particularly during the pm peak.

RECOMMENDED

That Penrith Police be requested to carry out enforcement at the intersection.

There being no further business the Chairperson declared the meeting closed the time being 10:30am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 April, 2009 be adopted.

*Ordinary Meeting*	*4 May 2009*
*Leadership and Organisation*

Leadership and Organisation

Draft 2009-2010 Operational Plan - Public Exhibition

Compiled by: Ken Lim, Management Planning Co-ordinator

David McIllhatton, Business Systems Co-ordinator

Authorised by: Alan Stoneham, General Manager

Barry Husking, Director

Strategic Program Term Achievement: Council's operating culture is flexible, efficient, integrated and aligned to Council's strategic objectives and program delivery.

Critical Action: Prepare, implement and review management plans and processes aligned to and consistent with Council’s Strategic Plan and Program.

Purpose:

To present the Draft 2009-2010 Operational Plan and accompanying information for Council's consideration and adoption to enable its public exhibition. The report advises Council of further details of the public consultation of the draft Plan. The report recommends that the Draft Operational Plan be adopted for public exhibition.

Due to the size of the documents, copies have been provided to Councillors under separate cover. Copies are also available to the public.

Background

The Draft 2009-2010 Operational Plan provides for the delivery of the first instalment of Council’s four-year Delivery Program within its new Strategic Plan 2009+.

The development of the draft Strategic Plan and the four-year Delivery Program 2009-2013 has been done representing the culmination of a significant research and engagement process with Council and the community over the last several months. The draft Strategic Plan and Delivery Program are currently on public exhibition from Tuesday 21 April through to Monday 18 May 2009.

Development and preparation of the draft Operational Plan has also taken place over these past few months and has involved extensive discussions with Council through a series of briefing sessions and reports.

The draft Operational Plan document is presented tonight for Council’s consideration.

2009-2010 Operational Plan – Key Objectives

Council has previously confirmed the following key objectives that the Plan will seek to achieve. These are to:

· Address essential operating costs, including significant variations due to external factors

· Maintain existing service provision at current levels, except as may be directed by Council

· Maintain the priority given to asset management and continue to increase allocations in this area to meet the identified needs of the City

· Comprehensively and effectively address the requirements set out by Council in its Strategic Plan and four-year Delivery Program.

Based on these objectives, the Draft Plan has been drawn up to:

· Deliver Council’s annual program of works for 2009-2010; and

· Through the Council’s 51 ongoing services, start to deliver the directions laid down by Council’s new Strategic Plan and four-year Delivery Program.

Financial Considerations

The Budget, Revenue Policy and Commentary are contained in Part A of the Draft Operational Plan. The commentary highlights significant changes and provides information on Council’s Budget Policies and Financial Position.

The draft budget has been prepared on the basis of continuing existing service levels, adding new projects, removing one-off items and adjusting for expected changes in costs from 2008-09 to 2009-10. Following the Public Exhibition process, the budget may be amended prior to being adopted as Council’s original 2009-10 Budget. The changes may include amendments due to public submissions, or due to additional information becoming available that amends cost or income estimates. Officers will also continue reviewing the budget while it is on exhibition. Notwithstanding this, the draft budget gives a clear view of Council’s intentions and priorities for 2009-10 and is ready for Public Exhibition.

As discussed at the Finance Working Party on 8 April 2009, the Long Term Financial Model has for some time now identified that the 2009-10 financial year would be a difficult one with the model suggesting that the budget would go into deficit in 2009-10, then gradually improve which would provide for surpluses in later years. This has meant that establishing a balanced budget in 2009-10 has involved intensive scrutiny of the budget and a number of programs and items of expenditure have been adjusted and further information on these changes is provided later in this report.

The challenges of producing a balanced budget were exacerbated by the effect of the global financial crisis. Earnings from Council’s investment funds are expected to be lower than previous years and an increased contribution to employee superannuation for members of Defined Benefits superannuation will be required in 2009-10.

The 2009-10 total budget estimates expenditure of $175.6m, including $32.7m of Capital Works. An allowance for significant movements in the current assumptions has been placed in a Reserve. Areas that may be affected include the Financial Assistance Grant (currently estimated to increase by 3%), and Government Levies such as the Bushfire Levy.

Significant Changes to Expenditure from 2008-09

· Employee Costs - $4.5m increase

Employee costs include direct salaries and wages, long service leave, gratuities, superannuation, workers compensation premiums and fringe benefits tax and are the largest single area of expenditure for Council. Even a relatively small percentage increase in costs has a large impact on the total budget.

Total employee costs are predicted to increase by $4.5m (6.9%) from 2009-10. This increase includes an estimated 5.0% increase for salaries and wages based on a 3.5% increase (2.2% annualised) as per the Council Agreement for 2009-10, 1.8% for step progressions, and 1.0% for performance appraisal.

Current claims estimates are that there will be a decrease in the Workers Compensation premium, compared to 2008-09, of $200,000 (10%) to $1.8 million for 2009-10.

In March 2009 Council received notification from the Local Government Superannuation Scheme (LGSS) regarding the methodology to be used to calculate Council’s 2009-10 contribution for members of the defined benefits scheme. This has significantly increased contribution rates and has resulted in an additional contribution of $1.5m for 2009-10. On this basis, superannuation for 2009-10 has been estimated to be $6.75m which represents an increase of approximately 28%. Council’s annual superannuation expense is impacted by a combination of general wage increases, salary system progression and position regrading/market forces reviews.

· Insurances - $300,000 increase

The results from the liability insurance renewals discussions with Westpool, and a review of the claims that will affect our premiums for 2009-10 have resulted in an estimated increase of $190,000 (21%) in Public Liability/Professional Indemnity (PL/PI) for 2009-10 over the original 2008-09 budget. Premiums for ISR (property) insurance are expected to increase by $60,000(18%) in 2009-10.

In order to stabilise the cost of premiums, Westpool has moved from a bulk purchase scheme to a self-insurance program for Plant/Motor Vehicle insurance. The initial contribution based on expected funding requirements for self-insurance resulted in an increase in premium of $26,000 to $206,000 for 2008-09. The premium compared to comprehensive insurance remains favourable at $434 per passenger vehicle. The premium for 2009-10 is expected to rise to $216,000 which is equivalent to $455 per passenger vehicle compared to private comprehensive insurance (average of $900).

Budgets for claim excess are expected to remain unchanged at $490,000.

· Contribution to other Organisations - $73,800 increase

At this time of the budget preparation process, not all information regarding contributions to authorities is available, and a 3.5% increase has been applied to most contributions. The exceptions to this assumption are contributions to the New South Wales Fire Brigade (5%) and Blacktown Dog Pound (5%).

· Credit Card Surcharge- saving of $98,000

The Finance Working Party endorsed a method of removing these costs from Council’s budget by oncharging the fee to the credit card user. Oncharging of the credit card fee is now common practice. Council has a number of payment options that do not necessitate the use of a credit card so ratepayers will be able to avoid the fee by using the alternative payment options should they wish to. This action is designed to be revenue neutral and only recover the costs imposed by the banks. The fee is proposed to be set at 0.80%.

· Electricity and Street lighting - $408,000 increase

The Australian Energy regulator has recently approved significant increases to electricity charges. Council has made arrangements with Energy Australia for a 12 month continuation of the current electricity contract pending a joint tender process with a number of other councils which may provide some relief (this will also include street lighting). Unit rate increases range from 24% to 41%. There are a number of miscellaneous charges over and above the base rate for electricity, and these are expected to also increase slightly. An analysis of existing electricity budgets has been undertaken with the result that they have been increased by $136,000 - 37% for increased usage and 7% for charges.

Street Lighting rates are predicted to increase by $252,000 which is based on a 7.65% increase ($122,000) on supply plus 7% ($130,000) for asset maintenance and service charges (including an allowance for an increase in street lighting assets of $20,000).

· Loan Repayments - $1.6m increase

The cost of interest and of capital repayments has been estimated. While repayments for existing loans are known, the recent interest rate changes will impact on the rate achieved for the June 2009 program. Additional loan borrowings for asset renewal borrowing have been included in these estimates.

The current estimate of loan repayments included in the draft budget for 2009-10 is $4.3m of interest and $7.1m of principal repayments including the full cost of repayments following the completion of the $4m accelerated footpath paving program. This represents a $1.2m (19%) increase on principal repayments and $461,000 (12%) increase on interest repayments from the previous year which is partly funded by an additional $739,000 funding from s94 and the Property Development Reserve in keeping with the purpose of the loan.

· Borrowings - $4.1m in total

Base infrastructure borrowing of $3.2m is included in the budget. Borrowings to advance the Asset Renewal strategy have added $0.9m to the program, taking total infrastructure borrowings for the year to $4.1m.

· Asset Renewal and Established Areas Strategy (AREAS) - $161,600 increase

In line with the AREAS strategy in 2008-09, it is proposed that funding under the three main areas of this strategy increase for road asset renewal by $69,200 (3.5%), building asset renewal by $30,000 (3.5%), and established areas revitalisation by $62,400 (3.5%). The special rate increase which commenced in 2006-07 funds the bulk of this program, with loan funds of $913,000 per annum and general revenue providing the balance of funding for the program.

New Items and Changes to Funding Arrangements

· Removal of CPI Increases for Asset Maintenance and Contribution Items ($220,000)

Council has a policy of applying CPI increases to a number of programs and services. As this is a particularly challenging year it is proposed that no CPI increases be applied for 2009-2010, a saving of $220,000. Items that will not be indexed include:-

o Materials for Maintenance budgets for the Depot, Parks, Car Parks, Bus Shelters, Skate Parks, Public Toilets, Buildings, Plant, Drains, Roads and Street Sweeping

o International Links project, Civic Events, Subsidies to Cricket associations, Voted Works and other annual contributions

o Subsidy to Penrith Performing and Visual Arts Ltd

It is envisaged that this reduction will encourage the departments to look at more efficient methods of providing these services. The policy of increasing maintenance budgets for new assets constructed during the year has not been affected. The re-instatement of the CPI to asset maintenance programs has been included in the list of high priority unfunded items that can be considered for funding during the year if additional funds become available.

In addition to estimating cost changes, various changes result from the implementation of Council policies, the ending of specific arrangements, or new funding becoming available. These items were discussed in Council Workshops, and the recommended 2009-10 draft budget varies from the 2008-09 budget as follows:

· Section 94 works have been identified for 2009-10. A total of $11.3m expenditure is proposed, and is included in the Capital and Operating Projects list following the Budget, Revenue Policy and Commentary in Part A of the draft documents.

· Projects funded from the special 10-year rate increase approved in 2002 are expanded by the amount of the Ministerial Rate Increase. The Environmental Enhancement Program, Economic Development and Community Safety and Neighbourhood Renewal programs are all budgeted to increase by 3.5%.

Path Paving Program

A strategy was proposed in 2007 and subsequently introduced to accelerate the path paving program through loan borrowings of $4m over two years. The strategy identified that at the completion of the program a need would remain to provide additional footpaths and proposed that an annual allocation of $150,000 in 2009-10 be provided. The loan repayments generated by the accelerated program are being funded through general revenue. It appears likely that savings generated by economics of scale and improved practices in the current year will provide additional funding of $500,000 that can be directed to this program in 2009-10. It is acknowledged that a return to the funding levels for new path paving that were in place prior to the accelerated two year program ($750,000 pa) is recognised as a priority. A further report on path paving will be provided to the Policy Review Meeting on 18^th May 2009 and will explore future programs and discuss funding opportunities.

Entities

Council has received no formal requests from the Board of Ripples or the Board of the Penrith Performing and Visual Arts Ltd to increase their level of subsidies. However it is envisaged that there will be an increased level of support required for Ripples which is likely to be in the order of $350,000. This would bring the total subsidy to $660,000.

Operations managed by the Penrith City Children’s Services Cooperative are budgeted to have a net impact on general revenue of approximately $228,400 in 2009-10. This incorporates a contribution of $133,600 to fund the Inclusion Support Program. This represents an overall increase of $5,900 in the Council subsidy provided to the Cooperative in 2008-09. In addition the extra contribution required in relation to the Defined Benefits Superannuation Scheme for Children’s Services staff ($77,000) will be met by Council.

Significant Changes to Revenue from 2008-09

· Rates - $4.2m increase

An increase of $4.2m for rates income has been included in the draft budget, which is based on the maximum permissible rate increase of 3.5% for rates. The estimate for 2009-10 also factors in growth of $700,000, including $600,000 predicted for growth in non-residential rates.

· Financial Assistance Grant - $781,000 increase

The Financial Assistance Grant (FAG) allocated to Penrith this year was $459,600 more than estimated during the 2008-09 budget process. As part of the 2008-09 budget process, an increase of 3% has been applied to the 2008-09 Grant. This has resulted in a total estimated increase to the Grant of $781,000 (8%) over the original 2008-09 budget. As $124,200 of this increase relates to the roads component, this has been added to the roads budget according to Council policy.

· Development Related Income - $225,000 decrease

The current general downturn in building and building related activity is expected to continue in 2009-10. Income related to building and development activity has been decreased by $225,000 (18%).

· Interest on Investments - $400,000 decrease

Council’s investment portfolio will be actively managed, in accordance with Council’s investment strategy to ensure that overall the portfolio continues to outperform set benchmarks. At this time, expected interest on investments has been decreased in the draft budget by $400,000 (25%), based on the general revenue portion of the portfolio of $41.3m and an interest rate of 3.5%.

· Fees and Charges

As part of the draft Operational Plan process, fees and charges have been reviewed with the proposed increases in the fees set directly by Council being generally in the vicinity of the estimated CPI increase. This category of income is estimated to be $49.0m, which is 34% of Council’s total estimated operating revenue for 2009-10. Council’s Revenue Policy is included in Part A of the Operational Plan documents.

Children’s Services fees have been incorporated into the fees and charges document at the amounts recommended by the Board of the Penrith Children’s Services Cooperative. The fees and charges for the Controlled Entities fees are set and published by those organisations. Fees set by regulation are included at the current rates, but are subject to change when the regulations change.

· Waste Management

Council entered into 10-year waste collection contracts commencing October 2007 which include a 3-bin collection system for organics, recyclables, and residual garbage in urban areas. The current 2-bin collection system will continue for households in non urban areas and for multi unit residential developments. The contracts also provide for the composting of organics (food & garden waste) and for the return of the compost for use on council parks and reserves. The domestic waste charge proposed for the standard service will be $245 (1.6% reduction) and $195 (6% increase) for the small service. Additional service combinations however will be available to meet the resident’s needs.

2004-05 Special rate variation

Council holds a special rate variation of 1.32%, approved in 2004-05, to subsidise the sullage collection for those households not having access to sewerage services. The special rate variation will continue to provide a subsidy for those residents in villages without access to sewerage schemes.

Each year funding for the sullage services is increased by the Ministerial Rates rise, however as more households connect to the sewer the subsidy required will decrease. As part of the development of the 2007-08 Management Plan it was agreed that Council would retain the current special rate variation and apply any surplus funds to environmental projects throughout the City with these funds to be retained in the Environment/Sullage Reserve. The 2009-10 draft budget includes funding of a number of previously general revenue funded projects from this Reserve where the projects have been identified as having an environmental basis.

Long Term Financial Model

The long-term financial model shows expected expenditure and revenue over the next 10 years and currently using 2009-10 as the base year. These expectations are based on various assumptions, the more significant of which are listed below. It is important to keep in mind when projecting budgets over such a long period that estimates can change significantly when assumptions vary from reality, particularly when the variances apply to larger items such as wages or rates. Nevertheless the model is an important planning tool and is regularly updated with contemporary information as it becomes available.

In the base scenario the model indicates a deficit in 2010-11 ($564.1k) and 2011-12 ($636.8k) with a surplus predicted from 2012-13 onwards as shown in the following table:

Year

2010-2011

2011-2012

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

2017-2018

2018-2019

Available Funds $000’s

(564.1)

(636.8)

293.6

639.9

1,171.3

1,071.7

1,343.7

1,407.7

1,766.0

It is not intended to present a deficit budget in any of these years. Methods of addressing the predicted deficit include examination of reserves and their capacity to fund projects, deferments of general revenue funded projects and allocations and a review of the level of income from rating. In addition to the above mentioned a review of all Council’s current services will be undertaken during the 2009-10 financial year. Further reports will be provided to Council on this review. Naturally any increase in the predicted rate of development will have a positive impact and it is likely that development of key employment lands within the City will be expedited by State Government. The net impact from these areas is not yet included in the model and will make a significant contribution.

Similarly, the surpluses shown in later years are indicative only of estimated financial capacity, based mainly on expected trends. A major factor producing surpluses in later years is rates growth from developments which is based on the predicted lot production. Development application income is also projected to steadily increase in later years.

The model will be continually updated during the budget process as information becomes available in order to determine the impact on available funds in future years.

Reserves

Details of Council’s reserves are also included in Part A of the Draft Operational Plan. These are amounts held for specific purposes. The reserves are divided into internal reserves (set up to apply Council policy) and external reserves (required by law). Some reserves are set up to ensure that Council’s policies with regard to a particular outcome are safeguarded, while others provide funds for a particular expressed purpose some time in the future.

Voted Works

Also included in the reserves is an allocation to “Voted Works”. Council policy is that an amount of $53,000 is allocated to each of the three Wards each year. These funds are normally applied to particular purposes of an urgent nature, in one or more of the Wards, by resolution of Council. Voted Works also provides an opportunity to allow some discretionary funding for items that arise unexpectedly during the year, and when all other funding in the annual program has been allocated. It is Council policy that any unexpended amounts in Voted Works are revoted to the following year.

Section 94 Program of Works

A central feature of the Draft Plan is the inclusion of an extensive program of infrastructure works and community facilities, funded by Section 94 contributions in 2009-10. These projects are outlined below, and have been included in the Capital and Operating Projects section of Part A of the draft documents.

A summary of the proposed Section 94 program capital works expenditure for 2009-10 under each relevant Plan is provided below.

Section 94 Plan	Proposed 2009-2010 Expenditure $
Mt Vernon	280,000
Erskine Business Park	8,818,304
Glenmore Park	1,476,446
Library Resources	475,000
Waterside	170,000
Penrith City District Open Space	85,000
TOTAL	11,304,750

Capital and Operating Projects

At the Operational Plan Workshop of 20 April 2009, Council endorsed a proposed list of Capital and Operating Projects to be included in the Draft Operational Plan. These projects include the following categories:

1. Established annual works programs, encompassing a number of specific projects or capital works, which by policy have a ‘notional’ funding level assigned in the initial preparation of the draft Plan, which may then be approved or varied by Council (further commented on below)

2. Continuation of the 10-year Special Rate Variation programs for Enhanced Environmental Program (EEP), Community Safety Development and Neighbourhood Renewal and Economic Development which commenced in 2002-03

3. Continuation of the 10-year Asset Renewal and Established Areas Strategy (AREAS) Special Rate Variation programs for road and building asset renewal and established areas revitalisation which commenced in 2006-07 and are included in the Capital and Operating Projects lists and Service budgets within Part A of the Draft Operational Plan presented tonight.

Established Capital Works Programs

Funding for the established annual works programs, noted above, is drawn from Council’s general revenue (which can be applied to priorities at Council’s discretion), grants (normally ‘tied’ to a particular purpose), Section 94 contributions (required to be used for works proposed in the relevant S94 Plan), and reserves.

In each case, specific projects or works within the particular Program are recommended to Council for the coming year. Council has the opportunity, according to its contemporary priorities, to adjust the program either in its funding level or by the addition or deletion of particular components.

Projects may be added to these Programs in the preparation of the draft Operational Plan, or by later Council decisions reflecting consideration of the annual Operational Plan through Revotes, through re-allocation of savings in the Quarterly Reviews, or Voted Works allocations.

These Programs and their proposed funding levels for 2009-2010 include:

· Road Resealing/Resheeting -$4.4m (part Asset Renewal Special Rate Variation funded)

· Roads Reconstruction - $1.5m

· Path Paving - $150,000

· Building Asset Renewal -$1.5m

· Urban Drainage Construction - $590,000

· Kerb & Guttering - $335,000

· Traffic & Transport Facilities - $230,000

· Rural Roads Resealing - $59,500

· Construction of Bicycle Facilities - $60,000

· Parks Asset Renewal program (10 year) - $250,000

· Tree Replacement Program (5 year) - $304,000

· Public Amenity Replacement Program (10 year) - $150,000

· Desktop Hardware/Software - $340,000

· Library Resources - $964,250

There are three further established programs which receive funding through the ten year Special Rate Variation sought and obtained by Council in 2002. These are:

· Enhanced Environmental Program ($2.16m - projects are shown under various Service areas but are all labelled ‘EEP’ for identification)

· Community Safety and Neighbourhood Renewal ($317,000)

· Economic Development and Tourism (support of the independent Penrith Valley Economic Development Corporation - $290,000). The total contribution is $634,000.

In addition, the Federal Government-funded Roads to Recovery program ($1,038,499) is separately identified in the Operating Projects listing (as these works are considered to be additional asset maintenance and not new infrastructure).

Operational Plan Structure and Format

The Draft Operational Plan documentation presented for Council’s consideration tonight is the results of the changes first reported to Council on 1 December last year. This draft structure and format is designed to meet all the current statutory requirements in the Local Government Act 1993 and also will be flexible enough and adaptable to meet proposed amendments to that legislation that are currently before the State Parliament.

The Draft Operational Plan consists of 2 parts.

· Part A- Services and Budget

This volume provides details of each of Council’s specified services, including service objectives, the ongoing activities, tasks and service improvement initiatives to be undertaken and the service budget. This essential direction for the organisation and its services is the basis for performance reporting by Managers in the coming year.

The Operational Plan also includes an overall Budget and funding summary, the Capital and Operating Projects identified and confirmed by Council for 2009-2010, together with other required statutory statements.

· Part B - Operational Plan - Fees and Charges

This part provides full details of all Council fees and charges for 2009-2010. This document is sorted by service titles alphabetically.

Service Plans for 2009-2010

The largest portion of Part A is devoted to the annual “Service Plans” for each of Council’s specified services. There are 51 identified services, however only 48 draft Services Plans are provided in the Draft Plan for Council’s consideration. This is because the three controlled entities are governed under separate reporting requirements to Council.

What is a Service Plan?

A Service Plan is an annual Operational Plan for a single service. It is a one page summary of what a service is and does and includes:

· Service Title - the name of the service. (Note that the Service Plans are ordered, based on the alphabetically sort of Service titles A to Z)

· Responsible Officer - the Manager tagged with the responsibility for delivering this service

· Service Description - briefly covers what a service does

· Delivery Program Link - (Group) shows which of 19 programs listed with the four-year Delivery Program, this service contributes to. (The Group is the internal Group Manager responsible for program delivery)

· Projects - significant capital or operating (funded) projects or programs which this service is to deliver within the year.

· Service Budget - how much it costs to run the service and details the planned operating expenditure, the capital expenditure and the revenue expected to be received by this service. The result is the net cost of running this service for 2009-2010.

· Tasks - annual deliverables which a service is to complete and report progress on. The majority of these tasks reflect what must be done in 1st year of the Delivery Actions identified in the 4-Year Delivery Program.

· Key Performance Indicators (or KPIs) provide a means by which service performance can be measured. In most cases, a KPI is designed to reflect the achievement towards an outcome or service standard in the form of a statistic or percentage measuring cost, time, quality, efficiency or effectiveness. The frequency of measurement and reporting will depend heavily on the availability of data and the phasing of activity required to be measured.

Performance Assessment and Reporting

The organisation’s performance in delivering the annual Operational Plan is reviewed, under the Local Government Act, as part of quarterly and annual reviews of the Plan.

Performance will be measured principally by progress towards the achievement of the tasks and projects stated in the Draft Plan, as well as performance measures for ongoing services provided by Council.

In terms of reporting, an exception report will be provided to Council as part of the normal business paper within 8 weeks after each quarter at an Ordinary Meeting of Council.

This report will contain a summary traffic light report on all services highlighting where areas of performance may require attention (i.e. red traffic lights) and any variances to budget.

Timetable

Council has previously approved the following timetable for the public notification, exhibition and consultation on the draft Plan. The dates and arrangements for the Public Meeting and consultations are further discussed below.

Step/Action	Dates
· Public Exhibition and Submissions	Monday 11May to Tuesday 9 June
· Public Meeting and Consultative Forum (7.00pm, Civic Centre) incorporating presentation and consultation on particular areas of the Draft Plan (as discussed below) · Children’s Services Cooperative Forum (7.00pm, Civic Centre)	Monday 1 June Thursday 4 June
· Consideration of 2009-2010 Operational Plan for adoption	Ordinary Meeting Monday 29 June

Public Consultation

Section 405 of the Local Government Act states that Council must give public notice of its draft Operational Plan after it is prepared and that the period of Public Exhibition “must not be less than 28 days”. Subject to Council’s adoption of the draft Plan tonight, it is proposed that the exhibition period be 30 days, beginning on Monday 11 May and ending on Tuesday 9 June 2009. Within this period, copies of the document will be accessible at the Civic Centre, Queen St Centre, all Libraries, Post Offices in the City, Youth Centres, Neighbourhood Centres, Council’s Children’s Centres, and Recreation Centres. The draft Plan will also be available throughout (to view or download) on Council’s website.

A program of public notification and consultation has been developed for the Draft 2009-2010 Operational Plan which is detailed below. This largely follows the model established in recent years.

The main features of the publicity and consultation program include:

· A Public Meeting, presentation and forum

· A Children’s Services Consultative forum

· Briefing of media and other publicity elements such as the regular Mayoral column

· Comprehensive advertising in local newspapers and through Council’s community newsletter

· Referring the Operational Plan to other committees on which Council has representation, major City partners and stakeholders for comment

· Online submission form with electronic lodgement

· Establishment of a dedicated telephone information line and email address for enquiries

· Use of other established community meetings and forums to advertise the Draft Plan and its content

· Provision of a specifically-designed community consultation website for the exhibition period; an on-line community forum via the ‘Bang the Table’ platform.

Details of specific components of the program are provided below.

Public Notification

· Local Newspapers

It is intended to notify the community of the Draft Operational Plan exhibition through all local newspapers. In the case of weekly newspapers, advertisements will be placed in the first week of the exhibition and the issue immediately preceding the Public Meeting. Monthly local newspapers (Mulgoa Gazette, Glenmore Gazette etc.) will also be utilised wherever practicable.

The notice will include a brief indication of the importance and content of the Draft Plan, information about the Public Meeting / consultative forums and opportunities for the community to make submissions on the Draft Plan.

· Community Newsletter

In addition to the newspaper advertising, detailed information on the Draft Plan has been placed in Council’s quarterly Community Newsletter, which is distributed to households and businesses throughout the City. The newsletter is scheduled to be issued in May, during the exhibition period and prior to the Public Meeting.

Consultative Meetings

The Act and Regulations do not specify a requirement for consultative mechanisms during the exhibition of the Draft Plan (with the exception that in the case of a proposed special rate variation the results of a public meeting are required to be reported).

Council has the practice of consulting with the community, in addition to the general exhibition and submission opportunity, through a number of consultative forums. In recent years, the usual arrangement has been to hold a Public Meeting (including a formal presentation by the Mayor), together with special interest forums in particular areas of the program, with a targeted invitation list of relevant businesses and community groups.

· Public Meeting and Forum (Monday 1 June)

An Operational Plan Public Meeting and Consultative Forum will be held from 7.00pm on Monday 1 June 2009 in the Civic Centre. This will largely follow the arrangements used in recent years. A comprehensive presentation will be made on the Draft Plan to all attendees by the Mayor and the Group Manager - Finance, followed by the opportunity for a number of smaller targeted workshops/consultation groups across the range of the social, cultural, environmental, economic and infrastructure programs. These groupings can be tailored to the interests identified by attendees who register for the evening.

Members of the public will be invited to the Public Meeting through the advertising program outlined above, as well as through direct invitations in response to all enquiries made on the Draft Plan. In addition, invitations will be issued to a large number of community and interest groups who are normally advised of the forum. Arrangements for child minding and transport for persons with disabilities will be provided and promoted.

According to Council’s established practice, all comments and questions from members of the public at the public meeting will be accepted as submissions on the Draft Plan. The opportunity will be available for attendees to follow up questions or issues identified with relevant officers following the forum itself.

It is proposed that although the public exhibition for the draft Strategic Plan and the four-year Delivery Program will be closing on Monday 18 May 2009, attendees at the public meeting and forum for the Draft Operational Plan on Monday 1 June will be given the opportunity to provide comments on all three documents.

· Children’s Services Forum (Thursday 4 June)

The Board of the Children’s Services Co-operative has agreed to once again hold a forum with interested parents/community members on children’s services issues. This has been arranged for 7.00pm, Thursday 4 June at the Civic Centre.

All parents/guardians of children attending Council’s Children’s centres will be invited, together with the usual advertising to the public.

· Other Meetings and Forums

It is intended, in addition to the formal consultation mechanisms, to utilise other established meetings and forums with the community and stakeholders over the exhibition period to promote the Draft Plan and opportunities for the community to provide comment.

Online Community Consultation

Council has for some years utilised its own website to promote and extend community and stakeholder engagement and consultation for purposes including the Draft Management (Operational) Plan. This has generally been through the provision of information and key documents, contact details and the opportunity for emailed queries, comments and submissions. This will again be in place for the coming process and formal submissions by email (including through a website link) or by an online feedback form will be available to all internet users.

Last year, however an additional form of consultation was trialled to broaden the range of community engagement initiatives. This initiative was the introduction an online, externally hosted, discussion “blog” website for Council’s draft 2008-2009 Management Plan.

The “Bang the Table” consultancy and website platform was used to generate additional awareness of, interest in and comments on the Draft Management Plan. This ‘discussion’ website was externally hosted and operated independently by the consultants at ‘arms length’ from Council (but with any inappropriate/offensive comments immediately removed). Council officers were able to monitor the site and have the opportunity to clarify statements of fact or respond to issues which arise. Members of the public were able to browse the website or register to provide comments, add new topics of discussion, respond to comments made by others or download Council documents. A detailed report was available to Council officers on the usage and findings of the website consultation. The feedback received was then considered, in the context of the submissions which were made, as part of the overall public response to the draft Plan. This information was included in the report back to Council on the results of the public exhibition.

The usefulness of this initiative was supported by usage statistics which indicated that the site was visited 396 times, by 245 unique visitors, viewing over 3,000 pages, each viewing at least 2 topics each and downloading Council documents, 141 times.

This initiative is already being used as part of the online consultation process for the current draft Strategic Plan and Delivery Program and it is proposed that it will also be used for the public exhibition of the Draft 2009-2010 Operational Plan as well.

Consideration of Submissions

Public submissions on the draft 2009-2010 Operational Plan will be able to be received through :

· Completed online feedback forms (from a link from Council’s website)

· Emails (Address: haveyoursay@penrithcity.nsw.gov.au)

· Standard mail or faxes

· Verbal and written comments received at public meetings or forums

In accordance with the Act, Council must consider all submissions and matters arising from them and make any appropriate adjustments to the Plan prior to its adoption.

Depending on the nature and complexity of each submission, Council may choose to amend the Draft Operational Plan, or consider a submission but defer any changes to the Plan until a subsequent period. Once the Plan is adopted, Council can then make its rates and charges and fix its fees for the coming year.

In keeping with Council’s normal practice, all submissions received on the Draft Operational Plan will be individually acknowledged and a detailed response provided by appropriate officers as soon as possible, reflecting Council’s established policy or following Council’s determination of the particular issue. A full report on public submissions will be made as part of the report to Council’s Ordinary Meeting of 29 June which will seek adoption of the Strategic Plan, Delivery Program and Operational Plan.

Conclusion

Subject to any amendments arising from Council’s consideration of the Draft 2009-2010 Operational Plan at tonight’s meeting, the Plan is now submitted for Council’s adoption to enable its Public Exhibition in accordance with the Local Government Act, 1993.

RECOMMENDATION

That:

1. The information contained in the report on Draft 2009-2010 Operational Plan - Public Exhibition be received

2. Council adopt the Draft 2009-2010 Operational Plan, including any amendments made at tonight’s meeting, for exhibition.

3. The Draft 2009-2010 Operational Plan be placed on Public Exhibition for 30 days, commencing on Monday 11 May 2009 and closing on Tuesday 9 June 2009.

4. Submissions from the public on the Draft Operational Plan be invited and the public consultation arrangements as detailed in this report be implemented, including a public meeting and forum to be held on Monday 1 June 2009 in the Civic Centre.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 May 2009*
*The City in its Broader Context*

The City in its Broader Context

Biodiversity Conservation on the former AirServices land, Cranebrook

Compiled by: Terry Agar, Acting Local Planning Manager

Authorised by: Ruth Goldsmith, Group Manager - Leadership

Requested By: Councillor Prue Guillaume

Strategic Program Term Achievement: Council's agreed strategies, where they relate to planning provisions, are implemented through the new Citywide Penrith Local Plan and Penrith Development Control Plan.

Critical Action: Develop the Citywide Penrith Local Plan and Development Control Plan by March 2009, as agreed with the Department of Planning.

Purpose:

Councillor Guillaume requested a report to Council on the progress on its resolution of 4 August 2008 and, in particular, efforts to lobby the State Government to acquire the site and Council's pursuit of an environmental conservation zoning. The report recommends the information be noted, and that optimum biodiversity outcomes through acquisition of the site are pursued.

Executive Summary

§ The former AirServices site was sold by the Federal Government to Infracorp Limited in late 2004. The initial rezoning application for this site was received in September 2006.

§ A pilot study of the site, using draft bio-banking criteria, was undertaken during 2007, together with the Department of Environment and Climate Change.

§ The Department of Planning undertook an assessment of the site, in the broader context of its potential role in the Metropolitan Development Program, between November 2007 and December 2008.

§ In August 2008, Council resolved to pursue conservation of the site’s unique assemblage of vegetation communities, through a number of actions. Those actions have all been progressed, and the status of each is outlined below.

§ In February 2009 Council received advice from the Department of Planning that consideration of the proposed rezoning in the context of the Metropolitan Development Program would not be progressed, and that the matter was being referred to Council for consideration and inclusion in Stage 2 of the Local Plan (Penrith LEP 2010).

Background

An application for rezoning was received in September 2006. The initial rezoning proposed approximately half the site for conservation and half for development, with rural-residential development of up to 180 dwellings, on lot sizes averaging 4000m2, but generally ranging from 1500m2 to 8000m2.

Council’s assessment of the rezoning application was subsequently deferred while the proponent participated in the Department of Environment and Climate Change (DECC) BioBanking Pilot Scheme. The Department of Planning (DoP) then advised that the proponent should also prepare a Sustainability Assessment so that the proposal could be considered by the Land Supply CEOs Group for consistency with the Metropolitan Development Program (MDP), prior to being permitted to proceed to the LEP preparation stage. The proposal was lodged with the Department of Planning in November 2007.

The proposal was subsequently referred to Council for assessment and comment. The proposal outlined in the Sustainability Assessment report had evolved significantly from the original scheme. Whilst the 90 hectares of conservation area was retained, the scale and intensity of residential development had greatly increased. The scheme included up to 740 dwellings, grouped into three precincts with lot sizes of 350m2, 350m2-600m2 and 2000m2+.

A response to the DoP regarding the proposal was considered at the Policy Review Committee meeting on 19 November 2007. The report recommended that in relation to this site:

§ the residential densities now proposed for the site are inappropriate, and should be reviewed in the context of the role of this land as a ‘transition’ to the City’s rural areas and the nature of surrounding development

§ the conservation values of the site are no longer only tied to the extent of urban development, as more recent initiatives such as the Growth Sector Biodiversity funding have provided alternatives

§ Council vigorously oppose any consideration of listing the site on the MDP, until all identified issues have been resolved

§ Council oppose any declaration of the site’s rezoning as a Part 3A matter.

At that meeting, in addition to receiving the report, Council resolved that:

1. For the reasons outlined in this report, Council request the Department of Planning not to proceed with the submission of the rezoning proposals for consideration by the Metropolitan Development Program Land Supply CEOs group

2. Council formally oppose the listing of the sites on the Metropolitan Development Program or their consideration as a Major Project under Part 3A of the Environmental Planning and Assessment Act

3. Council request further dialogue with the Department of Planning in relation to the process for securing rezonings outside of the existing Local Planning framework and statutory arrangements

The Minister for Planning advised Council in late February 2009 that the proposal would be held in abeyance and not be further considered for inclusion on the Metropolitan Development Program, and that the matter will be returned to Council for its consideration. The Minister advised that:

“It has come to my attention that … Council has more formally adopted a position in August 2008 whereby it will seek, in the first instance, to rezone the site for Environmental Conservation purposes and it will seek to lobby the State Government to purchase the site. As a result of Council’s resolution, I have requested that assessment of the Metropolitan Development Program proposal be held in abeyance.

Council should now proceed to determine a zoning outcome for the site as part of its Stage 2 Principal LEP preparation. If Council determines that a portion of the site should be zoned for urban purposes it will remain important that the Sustainability Criteria under the Metropolitan Strategy are addressed. If this is the case, Council should seek the Department of Planning to re-activate the current Metropolitan Development Program proposal, which addresses the Sustainability Criteria, for the purposes of assessing the merits of any proposed urban zoning on the site.”

The landowner recently submitted a revised proposal which comprises:

§ A variety of housing and employment opportunities, including 4-stages of aged care, cluster housing, and large lot housing, over a total area of 71.5ha (up to 428 dwellings).

§ An increase in the area proposed to become a ‘Nature Reserve’ (a total of 100ha) for dedication to the Department of Environment and Climate Change (DECC), with provision of funds through the development for the establishment of the reserve

§ Stormwater and flood mitigation treatment within 9.5ha of riparian zone land to achieve improved water quality treatment of upstream flows

§ Conservation of a greater proportion of the threatened plants in a Cranebrook Nature Reserve.

Councillors have been previously advised of this proposal. As a formal rezoning application, Council officers must assess the proposal and make a recommendation to Council on whether or not the proposal should proceed. This process has to be managed in parallel with that of giving effect to Council’s policy position of pursuing the optimum biodiversity outcomes through acquisition for a Nature Reserve. The manner in which this has been conveyed to the landowner is described later in this report.

Biodiversity Conservation actions since August 2008

At its Ordinary Meeting of 4 August 2008, Council considered a status report on Fernhill and the former AirServices (Infracorp IFC Capital) sites. Council resolved to receive the report, and endorsed four actions to achieve the biodiversity conservation of the site. The status of each action is outlined below.

2. Council lobby the State Government to acquire the Infracorp site, and dedicate it as a Nature Reserve under the National Parks and Wildlife Act, to conserve its unique assemblage of vegetation communities.

The Deputy Premier (and Minister for Climate Change and the Environment) was advised of Council’s resolutions regarding the site at the State Government’s Community Cabinet visit to Penrith in October 2008. The Deputy Premier and the Director General of DECC were provided copies of the Issue Paper, and were briefed by the (then) Director City Planning and Local Planning Manager on the matter.

Council’s Issues Paper emphasised that the State Government has an opportunity to work with the Federal Government to access the currently available $15 million to create a Cumberland Conservation Corridor. This would require additional funds (at least $7.5 million) from the State to acquire the site and dedicate it as a Nature Reserve.

Since that time Council’s officers have had several discussions with DECC seeking progress on this matter. In addition, IFC Capital was requested by Council to enter into discussions with DECC over the possibility of all, or part, of their site being acquired for nature conservation purposes.

To pursue resolution of this aspect, Council officers met with the DoP and DECC officers on 30 March to discuss the options for achieving biodiversity conservation of the site through Stage 2 of the Local Plan (Penrith LEP 2010).

Following that meeting, Council formally wrote to DECC, advising that it proposes to zone the site E1 National Parks and Nature Reserves, which imposes an obligation on DECC to acquire the site. This zone cannot be applied unless the relevant State Government agency or Department agrees to acquire the site, so a formal response is required from DECC prior to exhibiting the draft Stage 2 Local Plan.

In terms of potential funding sources for acquisition, it is understood through discussion with Federal Government officers that there may be some potential for the $15 million reserved by the Federal Government for the Cumberland Plain Woodland Corridor to be directed to this site. The local Member David Bradbury, has recently written to Council indicating his intention to advocate for the potential use of the Commonwealth’s $15 million for the Cumberland Plain Woodland Corridor.

3. Council make a submission to the NSW Scientific Committee requesting that the vulnerable threatened species on the Infracorp site be listed as endangered populations under the Threatened Species Act.

The submission to the NSW Scientific Committee requesting that the vulnerable threatened species on the site be listed as endangered populations under the Threatened Species Act requires the assistance of a flora consultant to prepare. Now that the proposal is no longer being considered by the DoP for inclusion on the Metropolitan Development Program, the selection and appointment of a consultant with the necessary expertise in the ecology of Dillwynia tenuifolia and Grevillea juniperina is underway, with quotes expected shortly.

4. Council pursue options for a Zone E2 Environmental Conservation zoning for the site through Stage 2 of the Penrith Local Plan.

Ultimately all lands in the City, including this site, must have a standard ‘model LEP template’ zone applied through the Penrith Local Plan process. To achieve the desired biodiversity outcomes, the most appropriate zone options are as follows:

§ E1 National Parks and Nature Reserves – this zone applies to land that is currently a Nature Reserve or National Park, and also identifies land that is to be reserved under the National Parks and Wildlife Act 1974, to protect the environmental significance of that land.

§ E2 Environmental Conservation – this zone applies to vegetation and wildlife corridors, riparian land and other environmentally sensitive areas. This zone allows only limited uses and does not usually apply fully to privately owned land.

As noted above, Council has formally asked for DECC’s response to the proposed application of an E1 National Parks and Nature Reserves zone to the site. An E1 zone achieves conservation of the biodiversity across the whole site.

An alternative option, also raised by Council in its resolution, is the application of an E2 Environmental Conservation zone. This could be applied across the whole site, or to part of the site. Dwellings are not permitted in the E2 Environmental Conservation zone. Acquisition of the site is not required under the relevant legislation where an E2 zone is applied. Council officers are of the view that this zone should only be considered if the Federal and State Governments cannot, between them, agree on appropriate terms with the landowner about the site’s acquisition.

IFC Capital has been advised that the revised site plans and proposal, submitted in March 2009, are not consistent with Council’s adopted policy position regarding the site and cannot therefore be supported. The landowner has also been advised that if it wishes to pursue a rezoning for the site, any future proposal should respond to Council’s resolutions of 4 August 2008, and align with Council’s policy directions.

5. Council seek, with the owners and appropriate authorities, urgent maintenance of the site to protect its unique ecological values, including a clean up of the site as soon as possible.

IFC Capital has been pro-active in trying to prevent rubbish dumping on the site, by liaising with police and the RID squad, but without a constant on site presence it has been difficult to deter dumpers. Council officers were advised in February 2009 that the site clean up had been completed, and mounds created to limit access to the property.

Conclusion

Council’s resolutions of 4 August 2008, which aimed to achieve optimum biodiversity outcomes on the former AirServices site, have been advanced.

A formal response from the Department of Environment and Climate Change will provide a basis for applying either an E1 National Parks and Nature Reserves or E2 Environmental Conservation zone across the land. This land must be included in Stage 2 of the Local Plan, and preparation for this component of the draft Penrith LEP 2010 has commenced. As this process advances, Council will be advised of the outcomes of any further discussions with the landowner, and the State or Federal Governments, regarding this land.

Whilst there have been discussions with the relevant State and Federal Government departments, a formal meeting with their senior representatives is required to resolve the acquisition of the site.

RECOMMENDATION

That:

1. The information contained in the report on Biodiversity Conservation on the former AirServices land, Cranebrook be received

2. Council write to the Department of Environment and Climate Change, requesting that it enter into urgent negotiations with the Federal Government to identify funds that may be directed to acquiring this site

3. Council seek an urgent meeting with senior representatives of relevant Departments in both the State and Federal Governments, to clarify their policy positions in relation to this site.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*4 May 2009*
*The City as a Social Place*

The City as a Social Place

Variation to 88B Instrument for Lot 807 DP 1068323 (No. 30 - 31) Belleview Avenue, Mt Vernon Applicant: Agata Curic; Owner: Agata Curic

Compiled by: Julie Condon, Development Enquiry Unit Coordinator

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 seek endorsement from Council to vary a restrictive covenant associated with a residential property and imposed on the original subdivision. The report recommends that this restriction be varied with the Common Seal of Penrith City Council being affixed to all necessary documentation.

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

Background

Council approved subdivision application DA 01/2345 for the creation of seventeen (17) new allotments for rural residential purposes in Belleview Ave Mt Vernon in June 2004. As part of that approval, restrictive covenants under Section 88B of the Conveyancing Act 1919 were imposed.

The restriction on the use of land, fourthly referred to in the subject deposited plan, states in section (b):

“all development erected on the subject lots will be in accordance with the ‘Siting Plan including Landscape Plan’ as indicated on the Plan Reference Pittenridge Shinkfield Bruce numbered LO1E and dated 20^th November 2002. The plan is held by Penrith City Council.”

Penrith City Council is nominated as the authority whose consent is required to release, vary or modify, the terms of the restriction.

The Siting Plan referred to in the restrictive covenant, nominates individual building envelopes for each site. It was applied to the subdivision to maintain separation between buildings, and provide for preservation of established landscaping to the perimeters of the allotments. (See Siting Plan in Appendix 2)

The building envelopes were implemented to reinforce subdivision controls which seek to provide varying setbacks and depth to frontage ratios to avoid a monotonous and uniform streetscape.

The location of the building envelopes also seeks to minimise excavation and filling needed by following the natural contours of the site.

The applicant has requested the above restriction be varied, proposing a new building envelope which is the same size as the original one but has been moved further forward on the property. The revised building envelope has been sited toward the front of the site to provide a greater separation to the dwelling from the overhead electricity transmission line at the rear of the property.

The application also requests approval to locate a tennis court outside of the nominated building envelope.

Site and Surrounds

The subject site is a 1ha allotment situated in the semi-rural locality of Capitol Hill at Mount Vernon. The surrounding area is characterised by rural/residential development in a parkland type setting. The property slopes with a cross fall from the east to the west of the site. Comprehensive landscaping exists to the rear and side of the site which was implemented as part of the subdivision and now forms a substantial screen of established trees to the proposed development.

The rear corner of the site is traversed by an Easement carrying a major overhead electrical transmission line.

A cul-de-sac provides the main access to the rural residential properties, which are characterised by gently sloping grassy sites, with significant landscaping provided to the property boundaries. (See Locality Map in Appendix No. 1)

The Proposal

The proposed development includes the following aspects:

· Construction of a single storey, four (4) bedroom brick veneer dwelling with attached three (3) car garage

· Construction of a swimming pool

· Construction of a tennis court

· Construction of a brick and metal panel front fence

· Landscaping and site improvements

· Installation of an Onsite Sewerage Management System

The development application was accompanied by the following;

· Statement of Environmental Effects

· An Acoustic report

· BASIX Certificate

· Site and Soil Analysis

· Submission of justification for variation of building envelope location

· Waste Management Plan

Plans of the proposed development are outlined in Appendix No. 3 and 4.

Assessment of Issues Relating to Positive Covenant

The following table contains an outline of the requirements of the relevant planning controls, and a comparison of the existing and proposed building envelopes. A condition of consent is to be applied to the development consent confirming the building envelope is to be located a minimum distance of 5m from the side boundaries of the property.

Existing Building Envelope	Proposed Building Envelope	DCP Setback Requirements
Front Setback 45 from street frontage	Front Setback 25m	Front setback 15m
Rear Setback 35m approximately	Rear Setback 50m (20m to the tennis court)	Rear setback 10m
Side Setbacks 5m (eastern side) and 15m (western side)	Side Setbacks 5m – 25m eastern side (11m setback to wall of house) and 5m – 12m western side (10m setback to wall of house)	Side setback 5m
Area 2000m²	Area 2000m²	N/A

The table demonstrates that the proposed building envelope complies with all of Council’s minimum requirements for building setbacks.

The purpose of the setback and building envelope requirements was to create and maintain a streetscape character conducive to the rural setting, to allow for variety of setbacks and open space around the dwelling and to provide scope for comprehensive landscaping of developments. The building envelope as proposed remains well to the rear of those on either side and is unlikely to be inconsistent with these key design principles.

The building envelope on the adjoining property to the west is located 10m from the side boundary and the building to the west is located 5m from the boundary. A minimum15m separation between buildings on adjacent properties will be achieved.

The subject site is irregular in configuration with a curved frontage to the street. The applicant requests relocation of the building envelope to maximise the separation of the dwelling from the overhead transmission lines thus reducing any potential impacts on the health of the residents. If the dwelling were located any further to the rear, the play area around the pool would be directly adjacent to the easement.

Location of a tennis court outside of the building envelope is not considered unreasonable as it does not result in any built form. Landscaping will be required to be provided to the tennis court area as a condition of consent.

Due to the above issues, and the nature of the variation requested, it is considered that a variation of the building envelope, as proposed, would have minimal impacts visually or on the amenity or streetscape of the locality.

Assessment of Development Application

Planning Assessment

The development has been assessed in accordance with the matters for consideration, under Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

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

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

The provisions of SREP 20 apply to the property. 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 potential impact on water quality.

The development application involves an onsite sewerage management system. The system proposed is a self contained Eco Max system, there is ample site area and the design and functionality of the system will have negligible impact on the receiving environment.

The compliance of the proposal with the general planning considerations, specific planning policies, and recommended strategies specified in Sections 4, 5 and 6 of Part 2 of SREP 20, has been assessed, and it is considered that the development application for the construction of a dwelling and outbuildings and the installation of the proposed On Site Sewerage Management System meets these requirements.

Local Environmental Plan 201 – Rural Lands

The subject site is zoned No 1(c) Rural “C” Zone – Rural/Residential under LEP 201. The proposed development is defined as a dwelling house and associated structures, which are permissible with the consent of Council.

Zone Objectives

The objectives of zone No 1(c) Rural “C” Zone – Rural/Residential are;

“

(a) to provide the opportunity for the development of integrated rural/residential development: and

(b) to promote an innovative approach to rural/residential development; and

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

(d) to assist in meeting the demand for rural/residential development in Penrith where it is consistent with the conservation of rural, agricultural, heritage and natural landscape qualities; and

(e) to ensure that attractive views from main roads and other vantage points are protected and enhanced; and

(f) to ensure that adequate provision has been made for water and disposal of effluent; and

(g) to ensure that development does not create unreasonable demands, now or in the future, for the provision or extension of public amenities or services: and

(h) to ensure that traffic generating developments are suitably located so as not to be adversely affect the safety and efficiency of roads; and

(i) to ensure that development will not lead to excessive soil erosion or run-off; and

(j) to ensure that the form, siting and colours of buildings, building materials, and landscaping complement the natural scenic quality of these areas.”

The proposed development meets the objectives for the provision of rural residential development, which have been carefully considered in the construction of the subdivision. As such, adequate provision of services has been assured and the onsite disposal of effluent is considered to be satisfactory.

The development itself, while large, is well articulated, has a stepped roof form and contains verandahs and a variety of materials in the finishes to break up any apparent bulk. The development itself will be well screened by the established perimeter landscaping to the site. The proposal is consistent with the existing landscape qualities and will not be visible from any main road.

The building design is in keeping with other contemporary rural dwellings in the locality. The development site is comprehensively landscaped, and the proposed building design and materials are suitable to blend in with the natural setting.

The proposed development is considered to be in keeping with the objectives for development in the zone.

Development Standards

The site and locality is subject to minimum lot size and density controls. These were considered in the assessment of the subdivision proposal and the subject property complies with the minimum lot size requirement of 1Ha to permit the construction of a dwelling house.

The site is located within the 20-25 Australian Noise Exposure Forecast contour line attached to the draft environmental impact statement for the Second Sydney Airport. As such, it is subject to the provisions of Clause 31 of the LEP, and the dwelling is required to be designed so that interior noise levels will meet Australian Standard 2021 “Aircraft Noise Intrusion – Building Siting and Construction”. A report, prepared by RSA Acoustics – Acoustic Consultancy, has been submitted in support of the application, and demonstrates that the dwelling will meet these requirements if constructed in accordance with the Acoustic Report.

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

Penrith Development Control Plan 2006 – Part 4, Section 4.9 – Rural Development

DCP Objectives

“

(a) to provide a framework which will encourage development to observe sound environmental planning principles;

(b) to promote rural/residential development where it is consistent with the conservation of the rural, agricultural, heritage and natural landscape qualities of the area;

(c) to minimise the cost to the community of fragmented and haphazard development of rural land by ensuring that development does not create unreasonable demands for the provision or extension of public amenities and services now or in the future;

(d) to ensure that traffic generating developments are suitable located so that the safety and efficiency of roads is not adversely affected by development on adjacent land; and

(e) to control development in areas subject to flood hazard

(f) to maintain and improve water quality of the watercourses within and part of the catchments of the city.”

For reasons previously stated in respect to the zone objectives the development is considered to satisfy these DCP objectives.

Design and Numerical Requirements

Part B – Development Issues

Setbacks – A minimum setback of 15m is required. The setback proposed is a minimum of 29.7m, which complies, and is considered suitable for the site and locality.

Services – Reticulated water supply and electricity are available to the site. Effluent disposal is to be via an onsite sewerage management system (see section on Effluent Disposal below).

Access – The proposed driveway will substantially follow the natural contours. Minimal additional site works will be required. The driveway is to be curved and will enhance the development of the site.

Tree Removal – Tree removal is not proposed to facilitate the dwelling construction.

Car Parking – A three car garage under the main roof of the dwelling is proposed as part of the development.

Noise Generation and Control – The site is subject to the 20-25 ANEF Contour. The dwelling is required to be designed so that interior noise levels will meet Australian Standard 2021 “Aircraft Noise Intrusion – Building Siting and Construction”. A report, prepared by RSA Acoustics – Acoustic Consultancy, has been submitted in support of the application, and demonstrates that the dwelling will meet these requirements if constructed in accordance with the Acoustic Report.

Drainage – The site contains a 50,000 litre in-ground rainwater tank as a part of its infrastructure. This tank serves as onsite detention for the development. All roof water, overflow, and surface water, are required to be to be directed into this rainwater tank.

Landscaping – The site contains existing landscaping to all boundaries. The development proposes to retain this landscaping. Additional landscaping is proposed in the areas adjacent to the dwelling, swimming pool and access driveway.

Part C – Housing

Building Design – The objectives of the LEP and DCP, as well as this section of the DCP require that dwellings are to be designed, sited and landscaped so as to compliment and conserve the natural, rural and agricultural character and scenic quality of the area.

The proposed dwelling is a large single storey design which incorporates significant articulation of the walls, with design features to the front elevation. The roof design contains a number of variations in height and direction (See Appendix No 3).

The existing extensive perimeter plantings will provide a screen to the development and assist it in integrating into the landscape and complementing the existing development in the locality.

Fencing – The DCP states that only rural style fencing is permitted. That is fencing of an open rural nature, in character with that normally found in rural areas. As a part of the development, a 1.2m high brick and open metal panel fence is proposed to the front boundary of the site. A condition of consent is to be imposed to reduce the enclosed portion of the fence and ensure it is of a predominantly open design.

This type of fencing is not in accordance with the traditional post and rail or post and wire fences of the City’s rural areas. However, it is low profile and will be predominantly open in nature. The locality is characterised by development which is more rural/residential in nature and many examples of fencing similar to that proposed are in evidence.

Penrith Development Control Plan Part 6, Section 6.26 – Land in the Vicinity Horsley Road/Mount Vernon Road Kemps Creek.

Relevant DCP Objectives

“

a) To protect and enhance the scenic quality and rural character of the area;

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

c) To ensure that adequate provision has been made for the disposal of effluent;

d) To ensure that adequate consideration has been given to landscaping and the form, siting, building materials and colours of any proposed buildings;

e) To ensure that allotments are compatible in size and shape with the physical nature of the land , adjoining land uses and the likely use of land in the future”

Other than the discussion relating to building design above, the development is considered to be in keeping with the objectives and design and numerical requirements of the DCP.

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

The proposed development would be likely to have minimal impacts in terms of access, traffic, public domain, utilities, heritage, or the use of agricultural land. It would result in provision of a further dwelling in an area already characterised by larger rural residential homes.

· The development has been designed to be responsive to the site. Site disturbance/excavation and filling are minimized.

· No vegetation removal is proposed. Additional landscaping will be provided to the areas surrounding the dwelling, swimming pool and driveway.

· Reticulated water, electricity and telephone services are available to the site. The development includes a proposal to capture and reuse rainwater on the premises. An Onsite Sewerage Management System is proposed

· The proposal will have minimal impact on the local road system. Residential traffic only will be generated by the development

· Effluent Disposal – The application proposes the installation of an on site sewerage management system. The site has a minimum size of 10,000m². The effluent management area proposed is 830m2 and contains an effluent disposal area of 420m2. The proposal complies with all specified minimum buffer distances to adjoining lands and is in accordance with Councils Onsite Sewerage Management Strategy. See conditions of consent which ensure the installation maintains compliance with the relevant requirements.

· The proposed development will have minimal impact on the amenity of the area and is in keeping with the surrounding and adjacent land uses

· The proposal to construct a dwelling in the rural/residential subdivision will have no adverse social or economic impacts in the locality

· The development will comply with BASIX legislation for conservation of water and energy

· The development is not subject to bushfire risk or flooding

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

The proposed development fits the locality. Adequate separation is provided between developments on adjoining properties.

Adequate services are available to the site. On site disposal of effluent is proposed.

The site is not nominated as bushfire prone. It is not subject to flooding, contamination or slip. The site attributes are conducive to the proposal.

5. Section 79C(1)(d) – Any Submissions made in relation to the Development

Community Consultation

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was notified to the adjoining property owners. No submissions were received in response.

Conclusion

Assessment of the application for the dwelling and ancillary structures including variation to the 88B Instrument applying to the property demonstrates that it is generally in accordance with all other LEP and DCP requirements and 88B Instrument provisions.

Assessment of the application to vary the terms of Restrictive Covenant, fourthly referred to in the 88B Instrument attached to Lot 807, DP 1068323, has demonstrated that the proposal is unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this property.

The proposed variation will not compromise the character or amenity of the locality, and will not cause a significant reduction in the spatial separation, and perceived setbacks of development on the streetscape.

RECOMMENDATION

That:

1. The information contained in the report on Variation to 88B Instrument for Lot 807 DP 1068323 (No. 30 - 31) Belleview Avenue, Mt Vernon be received.

2. The terms of clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 807, DP 1068323, be varied as follows as it applies to Lot 804 only:

(b) All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan/Site Analysis, Drawing No 01/07 for Project Number 007-08/09. This clause does not preclude the construction of a tennis court outside the nominated building envelope.

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

4. Development Application No 081285 for the construction of a dwelling, in-ground swimming pool, tennis court and front fence, and the installation of an on site sewerage management system, be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

4.1 A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

F010 – Septic distance from house

H001 – Stamped plans and erection of site notice

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

H034 – Bushfire roof sarking

I003 – Roads Act approval

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

4.2 The development must be implemented substantially in accordance with the plans drawn by AM for Project Number 007-08/09, dated 21.2.09, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions

4.3 All boundary fences are to be low profile, open style and rural in character. The front fence is not to exceed 1.2m in height. The brick dwarf wall is not to exceed 300mm above natural ground level at any point.

4.4 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council. The plan attached to the documentation shall indicate that the building envelope is to be located a minimum distance of 5m from the side property boundaries.

4.6 Cut and fill operations on the property are only permitted in conjunction with the building works and shall be strictly limited in depth and extent to that detailed on the approved plans and specifications

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment

If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference

{Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

4.7 All house sewer and plumbing work shall be carried out in accordance with Sydney Water's requirements or the Local Government (Water, Sewerage and Drainage) Regulation 1993

a) Penrith City Council is both the consent authority and certifying authority for the installation of the On Site Sewage Management System (OSSM), otherwise known as a septic tank system. It is your responsibility to contact Council's Building Approvals and Environment Protection Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection:

· All internal and external drainage lines and septic tanks before they are backfilled/covered

· On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system

A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority

i. The septic tank, drainage lines and effluent disposal area shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered

ii. There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves

iii. There shall be available all year round, adequate water supply that is available to the property

4.8 The effluent disposal area shall have a minimum area of 830m2 and shall be prepared in accordance with the “Environmental and Health Protection Guidelines On Site Sewage Management for Single Households” and AS1547:2000

Prior to the issue of the Occupation Certificate and the issue of an operational licence for the OSSM system by Penrith City Council, the effluent disposal area shall be:

· Prepared/ landscaped in accordance with the stamped - approved plans

All stormwater and seepage shall be diverted away from the disposal area by using an agricultural drain or earthen bund and dish drain

4.9 Prior to the commencement of construction works:

(a) Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

· A standard flushing toilet connected to a public sewer, or

· If that is not practicable, an accredited sewage management facility approved by the council, or

· Alternatively, any other sewage management facility approved by council

4.10 The recommended construction details to reduce aircraft noise intrusion to meet indoor design sound levels, as detailed in the report prepared by Acoustic Logic Consultancy report No 3843 and dated November 2008 are to be undertaken during construction. As the recommended construction details are carried out and on completion of the development, a qualified acoustic consultant shall certify that the development has been constructed to meet the indoor design sound levels in accordance with the approved acoustic report

4.11 Roof and surface water shall be disposed of in accordance with the approved drainage design. Overflow from the existing in-ground rainwater tank is to be disposed of via a level spreader system.

4.12 The existing trees to the perimeter of the property, other than those nominated on the site plan to be relocated, shall be retained and duly protected during the construction of the development. Tree protection measures shall be installed before any works can commence on site including the clearing of site vegetation

4.13 A landscape plan is to be submitted for the development indicating the provision of additional landscaping to the entrance, driveway and tennis court areas. The plan is to be prepared by a suitable qualified person and is to be submitted for approval prior to the issue of a construction certificate for the development.

4.14 An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation of the dwelling. The commitments listed in the BASIX Certificate are to be completed prior to the issue of the Occupation Certificate

The Certificate shall not be issued if any conditions of this consent, but not the conditions relating to the operation of the development, are outstanding. This includes submitting the following documentation to the Principal Certifying Authority:

(a) Written documentation or Compliance Certificate from Penrith City Council certifying to the satisfactory completion of works approved under the Roads Act 1993

(b) Written documentation or certification attesting to the satisfactory installation of, and the Licence to Operate the on site sewage management system issued by Penrith City Council

(c) Certification from a qualified acoustic consultant certifying that the development has been constructed in accordance with the approved acoustic report/to meet the indoor design sound levels in accordance with the approved acoustic report

4.15 A copy of the Occupation Certificate and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. In the event that a Compliance Certificate was issued by the Principal Certifying Authority certifying compliance that all conditions of the development consent required to be met has in fact been met as well as any documentation stated above, shall be submitted to Penrith City Council if Council is not the Principal Certifying Authority.

ATTACHMENTS/APPENDICES

1. View	Locality Plan	1 Page	Appendix
2. View	Siting & Landscape Plan	1 Page	Appendix
3. View	Site Plan showing existing & proposed building envelopes	1 Page	Appendix
4. View	Elevations	1 Page	Appendix

# Meetings at which the Management Plan 1/4ly 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.

*Ordinary Meeting*	*4 May 2009*
*The City in its Environment*

*Ordinary Meeting*	*4 May 2009*
*Appendix 1 - Locality Plan*

*Ordinary Meeting*	*4 May 2009*
*Appendix 2 - Siting & Landscape Plan*

*Ordinary Meeting*	*4 May 2009*
*Appendix 3 - Site Plan showing existing & proposed building envelopes*

*Ordinary Meeting*	*4 May 2009*
*Appendix 4 - Elevations*