15 July 2009

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 20 July 2009 at 7:30PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 29 June 2009.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 3 June 2009.

Penrith Valley Community Safety Partnership Meeting - 10 June 2009.

Local Traffic Committee Meeting - 6 July 2009.

Policy Review Committee Meeting - 13 July 2009.

 

9.           DELIVERY PROGRAM REPORTS

 

10.         URGENT REPORTS (to be dealt with in the delivery program to which the item relates)

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 20 July 2009

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

DELIVERY program reports

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 



 

 

Director
Barry Husking

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Jim Aitken OAM
South  Ward

 

Acting Executive Officer
Glenn Schuil

 

Minute Clerk

 

Director
Craig Butler

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                          

                
          

 
   


 

2009 MEETING CALENDAR

February 2009 - December 2009

(adopted by Council 8/09/08 and amended by Council 6/4/09)

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meetings

7.30 pm

2

 

6

4v

 

20

3

7ü

12

9

14

23

23

 

25

29*

 

24

28^

 

30

 

Policy Review Committee

7.30 pm

 

9

 

 

15

13

 

14@

 

 

7

16#+

30@

27

18#

 

27

17#+

 

19

16#

 

Councillor Briefing / Working Party / Presentation

7.30 pm

9

2

 

11

1Y

6

10

 

 

2

 

 

16<

20<

 

 

27

31

21

 

23

 

 

 

 

 

#    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.

 

 

 

-                 Council’s Ordinary Meetings are held on a three-week cycle where practicable.

-                 Extraordinary Meetings are held as required.

-                 Policy Review Meetings are held on a three-week cycle where practicable.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 4732 7649.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 29 JUNE 2009 AT 7:35PM

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 (arrived at 7:38 pm), Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

 

APOLOGIES

159  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the apology from Councillor Jackie Greenow be accepted.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 May 2009

160  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 25 May 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kaylene Allison declared a Pecuniary Interest in Item 7 - Section 96 Application No. 07/0742.01 for the modification of the existing development consent relating to the Place of Worship at Lot 912 DP 836641 (No. 86-90) Andromeda Drive, Cranebrook. Applicant: Corpus Christi Parish;  Owner: Trustees Roman Catholic Church as she is an employee of the Roman Catholic Church.

 

Councillor Tanya Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 19 -21st Women, Management and Work Conference - 30 to 31 July 2009 as she is an employee of Macquarie University.

 

 

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 23 - Commercial Matter - Council Property Cranebrook Village Shopping Centre as he currently leases a premise in the shopping centre.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in QWN 5 – Llandilo Hall – Provision of Skip, as he is the Public Officer of the Llandilo Hall Committee.

 

 

SUSPENSION OF STANDING ORDERS

161  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40 pm.

 

 

Ms Kathryn Caughey

 

Item 4 – Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa.  Applicant: Cityscape Planning and Projects;  Owner: Jamison Investments Pty Ltd DA09/0314

 

Ms Kathryn Caughey, the applicant, spoke in support of this development, and against Council’s recommendation to refuse the application.  Ms Caughey objected to the recommendation on the grounds that there is other development in the area on similar sized allotments.

 

162  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that an extension of time be granted to Ms Kathryn Caughey, the time being 7:45 pm.

 

Ms Caughey went on to comment that the minimum10 ha development standard in the area appeared to only affect dwellings and not other, commercial type premises, and requested that Council reconsider the standard in this instance.

 

         

Mr Andrew Martin

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226

 

Mr Martin, the town planner for the applicant, spoke in support of the proposed development, and stated that the applicant had addressed any concerns residents may have about landscaping, drainage, local amenity and related issues.

 

 

 

 

 

Ms Diane Joannides

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226         

 

Ms Joannides, an affected neighbour, representing the local residents, spoke against the proposed development, stating that residents had concerns about the scale of the development, given that it would be much larger than other buildings in the vicinity.  Ms Joannides also expressed concerns about drainage issues in the basement carpark of the proposed development, and added that the volume of traffic in the area would be increased.

 

Ms Elizabeth Barnes

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226         

 

Ms Elizabeth Barnes, an affected neighbour, representing local residents, spoke in objection to the proposal, stating concerns over obstruction of natural light, noise and vibration from the underground carpark, ventilation issues, increased congestion and noise pollution generally.  Ms Barnes concluded by adding that no additional infrastructure appeared to be provided for the development, in particular footpaving and extra parking at the railway station nearby.

 

 

RESUMPTION OF STANDING ORDERS

163  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM that Standing Orders be resumed, the time being 7:59 pm.

 

 

Mayoral Minutes

 

1        Locals recognised in 2009 Queens Birthday Honours                                                     

164  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Locals recognised in 2009 Queens Birthday Honours be received.

 

 

2        Director Steve Hackett retires                                                                                          

165  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Director Steve Hackett retires be received.

 

 

3        Council recognised at Australasian Reporting Awards for 2007-08 Annual Report      

166  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council recognised at Australasian Reporting Awards for 2007-08 Annual Report be received.

 

 

4        Council recognised for sustainable waste management                                                   

167  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council recognised for sustainable waste management be received.

 

 

5        Council wins a 2009 National Local Government Award                                                 

168  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the Mayoral Minute on Council wins a 2009 National Local Government Award be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 1 June 2009                                                                                                                                             

169  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 June, 2009 be adopted.

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 15 June 2009                                                                                                                                     

170  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 June, 2009 be adopted.

 

 

 

 

 

 

 

 

 

 

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        Adoption of the Strategic Plan, the Four Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan                                                                                                        

171  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.       The information contained in the report on Adoption of the Strategic Plan, the Four Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan  be received.

2.       The recommended actions, including changes to the draft budget, staff establishment and tasks as detailed in the report be adopted, and those which relate to variations to the exhibited draft plan be incorporated into the Operational Plan.

3.       The Strategic Plan, 4 Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan, as amended, be formally adopted.

4.       Council approve for expenditure the budget as detailed in the 2009-2010 Operational Plan, and on that basis formally vote these funds for the 2009-2010 financial year.

5.       Those individuals and organisations who made submissions on Council’s draft Strategic Plan, 4 year Delivery Program and Operational Plan be thanked for their input and advised of Council’s decision.

6.       Those projects in the 2008-2009 Management Plan, which were approved by Council in the March Quarter Review 2009 to be carried forward, be added to the adopted Operational Plan for 2009-2010.

7.       Staff involved in the production of these documents be congratulated for their efforts.

 

 

The City as a Social Place

 

3        Building Application BA007984.01 Proposed modification to hours of operation of existing child care centre at Lot 721 DP 717440 (No.28) Waterfall Crescent, Cranebrook . Applicant: Greg and Tracy Walton;  Owner: Greg and Tracy Walton                        BA007984.01

172  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Development Application BA007984.01 for the Building Application BA007984.01 Proposed modification to hours of operation of existing child care centre at Lot 721 DP 717440 (No.28) Waterfall Crescent, Cranebrook be received.

2.     Development Application BA007984.01 be approved and Development Consent No.40/86 be amended in the following manner:

Condition 20

The hours of operation are to be from 7:30am to 5:30pm Monday to Friday only.

As amended 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979;

Condition 29

A Noise Management Plan is to be provided that confirms the following for hours between 7:30am and 8am and between 5pm and 5:30pm:

a.    Children will not play outside during the proposed extended hours of operation;

b.    All staff arriving between the proposed extended hours of operation will park within the provided car spaces on site;

c.    A sign is to be erected in a visible location advising the opening of car doors and the gate within the site is to be conducted in a manner such that noise is minimised;

d.    Contact details of the operator of the child care centre in the event contact is to be made by Council to advise of any complaint for record, attention and/or action.

 

As included 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979

Condition 30

The existing gate is to be altered to mitigate noise prior to the commencement of extended hours of operation.

As included 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979

3.     Those people who made a submission are to be notified of the decision.

 

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 Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

4        Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa. . Applicant: Cityscape Planning and Projects;  Owner: Jamison Investments Pty Ltd                                                                           DA09/0314

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

That:

1.     The information contained in the report on Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa. be received.

2.     The objection to the minimum allotment size prescribed by Clause 14(2) Sydney Regional Environmental Plan No.13- Mulgoa Valley not be supported.

3.     DA09/0314 for a Dwelling House on Lots 21, 22, 23 & 24 in DP 2721 at 341a Littlefields Road, Mulgoa be refused for the following reasons:

3.1       The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matters prescribed by Sydney Regional Environmental Plan No.13 – Mulgoa Valley:

 

1.  Clause 3(2)(e)& (f)& (g) & (j)- Aims, objectives etc

2.  Clause 8 (3)- Zone Objectives, particularly objectives (a), (b) & (e)

3.  Clause 12(c)& (g)&(o)&(p)

4.  Clause 14(2)- Dwelling-houses

 

3.2       The application is not satisfactory for the purpose of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matter prescribed by Draft Penrith Local Environmental Plan 2008:

 

1.   Clause 6.8 (2)- Dwelling Houses on Certain Land within Llandilo & Mulgoa

 

3.3       The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as the proposed site is not suitable for the development based upon:

 

1.   The requirement for a pump-out sewage system

2.   The identified removal of five (5) trees located well clear of the building footprint

 

 

3.4       The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest as it would set an undesirable precedent.

 

4.    Those people who made a submission are to be notified of the outcome.

 

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 Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

5        Development Application DA09/0449, DA09/0451, and DA09/0452 for the formal closure of Malabine, Ballah, and Coolibah Lanes and subdivision to create a single allotment on each site, South Penrith. Applicant: Penrith City Council;  Owner: Penrith City Council       

174  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Development Application DA09/0449, DA09/0451, and DA09/0452 for the formal closure of Malabine, Ballah, and Coolibah Lanes and subdivision to create a single allotment on each site, South Penrith be received

2.     The submitted SEPP be supported.

3.     Development Applications DA09/0449, DA09/0451, and DA09/0452 be approved subject to the following standard conditions:

A02f             (Approved Plans)

G002            (Section 73 Certificate)

M008           Prior to the issue of a Subdivision Certificate the original plan and ten (10) copies shall be submitted to Penrith City Council.

 

All necessary easements for drainage or services are to be included on the subdivision plan.

The following information is to be shown on one (1) copy of the plan.

§ All existing drainage and services are wholly contained within the lot served and/or covered by an appropriate easement.

M009          The linen plan of subdivision is to be supported by an 88B instrument creating a Restriction as to User or easement regarding the following:

a)      The proposed lot shall be consolidated with one or more of the adjoining lots prior to residential structures and/or development being permitted on the land.

Council shall be nominated as the only authority permitted to modify, vary or rescind such restriction as to user.

M014          (Surveyors Certificate

Q008          (Subdivision Certificate)

 

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 Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

 

 

 

 

 

 

 

 

6        Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd                                       DA07/0226

A MOTION was moved by Councillor Greg Davies seconded Ross Fowler OAM

That:

1.     The information contained in the report on Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood be received.

2.     Pursuant to Section 82A (4A) of the Environmental Planning and Assessment Act 1979, Council change the determination of Development Application 07/0226 to approval.

3.     Pursuant to Section 80(1) of the Environmental Planning and Assessment Act 1979, Council grant approval to Development Application 07/0226 as follows:

3.1       Architectural plans prepared by Amflo Architects Pty Ltd

Drawing No.

Title

Date

Issue

06499-01F

Site Analysis

24.2.09

F

06499-02F

Site Plan

24.2.09

F

06499-03F

Basement Floor Plan

24.2.09

F

06499-04F

Ground Floor Plan

24.2.09

F

06499-05F

First Floor Plan

24.2.09

F

06499-06F

Roof Plan

24.2.09

F

06499-07F

Elevations/Sections

24.2.09

F

06499-08F

Elevations/Sections

24.2.09

F

06499-09F

Adoptable Units

24.2.09

F

06499-10F

Winter Shadow Diagrams

24.2.09

F

06499-11F

Summer Shadow Diagrams

24.2.09

F

06499-12F

Equinox Shadow Diagrams

24.2.09

F

06499-13F

Basement Ramp Details

24.2.09

F

06499-15F

Landscape Calculation Plan

24.2.09

F

 

3.2       Hydraulic plans prepared by United Consulting Engineers

 

Drawing No.

Title

Date

Issue

04MB1695/D01

Site and Roof Drainage Plan (Sheet 1)

17.4.09

L

04MB1695/D02

Site and Roof Drainage Plan (Sheet 2)

17.4.09

L

04MB1695/D03

Site and Roof Drainage Plan (Sheet 1)

20.3.09

J

04MB1695/D04

Site and Roof Drainage Plan (Sheet 2)

20.3.09

J

 

As amended in Red.

Standard Conditions

 

3.3       A008 -        Works to BCA requirements

A009 -        Residential Works DCP

A011 -        Engineering Works DCP

A014 -        Lot consolidation

A019 -        Occupation Certificate

A02F -        BASIX commitments

A038 -        Lighting locations

A043 -        Air conditioner for existing dwelling

B005 -        Mud/Soil

B006 -        Hours of work

D001 -                  Implement approved sediment & erosion control   measures

D002 -        Spray grass

D005 -        No filling without prior approval

D007 -        Filling of land

D009 -        Covering of waste storage area

D010 -        Appropriate disposal of excavated or other waste

E002 -        BCA issues to be addressed

E006 -        Disabled access and facilities

E008 -        Fire safety list with Construction Certificate

E009 -        Annual fire safety-essential fire safety (Class 2-9 buildings)

E01A -        BCA Compliance (Class 2-9)

F006 -        Water tank & nuisance

G002 -        Section 73

G004 -        Integral Energy

G005 -        Rainwater tank-Plumbing

H002 -        All forms of construction

H003 -        Traffic safety during construction or subdivision works

H011 -        Engineering plans & specifications

H013 -        Further details of building components

H014 -        Slabs/footings

H015 -        Termites

H01F -        Stamped plans on site

H022 -        Survey

H024 -        Glass installations AS1288

H036 -        Rainwater tank

H037 -        Safe supply of water from catchment

H038 -        Connection of rainwater tank supply

H039 -        Rainwater tank pumps

I003  -        Roads Act approval 1

K002 -        WAE drawings & certificates

K004 -        Easement creation

K009 -        On-site detention

K019 -        Connection to Council’s system

K025 -        Pavement seal

K036 -        Performance bond

K037 -        Maintenance bond

L002 -        Landscape construction

L003 -        Report requirement

L006 -        Landscaping

N001 -        Section 94 Contributions

 

                                      Cultural Facilities            $2,266.00

                                      District Open Space                 $53,201.00

                                      Footpaths                                $1,628.00

                                      Local Open Space                   $19,232.00

                                      Neighbourhood Centre             $2,728.00

 

P001 -        Costs

P002 -        Fees associated with Council land

Q001 -        Notice of commencement and appointment of PCA

Q006 -        Occupation Certificate

 

Special Conditions

 

3.4       Roads Act Approval

           Under the Roads Act, 1993 the following works are to be approved by Penrith City Council before the Construction Certificate for the development is issued.  Plans and inspection fees are to be lodged with Penrith City Council for the following works in the road:

(a)       Provision of kerb and gutter, drainage, road pavement, vehicle crossover and layback along with any ancillary works for the provision of a cul-de-sac head in Jones Street.  All utility services affected by the proposed works are to be relocated to the satisfaction of the relevant utility provider.  Any additional driveway works required to provide access to existing properties in Jones Street shall be shown on the engineering plans. New driveway works shall match with existing.  All works are to be undertaken at no cost to Council

            Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 to ascertain applicable fees

            All works are to be designed and constructed in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design and Part 2 – Construction.  The works are to be completed before an Occupation Certificate is issued for the development

3.5      A Construction Certificate for the provision of engineering works (on-site-detention system) is to be approved by the certifying authority.  Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design

3.6                Land at the end of Jones Street is to be dedicated to Council, at no cost to Council to accommodate the cul-de-sac head and verge / footway area

3.7                All car parking and manoeuvring areas associated with the subject development including driveways, access ramp grades & widths, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths, parking bay grades and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements.  Full details demonstrating compliance must be submitted with the Construction Certificate

3.8      Submission of evidence of registration of a drainage easement over adjacent Lot 72 DP 241989 to be provided prior to the issue of Construction Certificate

3.9      Submission of a revised landscape plan, consistent Part 2, Section 2.6 of Penrith Development Control Plan 2006, and to the satisfaction of Council, which must also include notations identifying arrangements for the fencing of all boundaries of the site. This revised plan is to be provided prior to the issue of a Construction Certificate

3.10    Submission of an amended design to which provides for an improved connection between the area of rear open space and the balance of the development. This may comprise alterations to Townhouse 12 to improve the visual and/or physical connection to this area, or otherwise improve communal access to this area. These plans are to be approved by Council prior to the issue of a Construction Certificate

3.11    All costs associated with construction of boundary fencing, as nominated on the approved landscape plan, shall be borne by the applicant

4.     All those people who made a submission to be notified of this decision.

5.     An urgent report be presented to Council concerning the provision of pathpaving to Jones Street and addressing any relevant traffic issues relating to the proposed development.

An AMENDMENT was moved by Councillor Tanya Davies seconded Councillor Marko Malkoc that consideration of this matter be deferred to enable wider consultation and that a site inspection be undertaken by Councillors.

Councillor Greg Davies then WITHDREW the MOTION.

 

The AMENDMENT then BECAME the MOTION, and was AGREED TO UNANIMOUSLY.

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 Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

7        Section 96 Application No. 07/0742.01 for the modification of the existing development consent relating to the Place of Worship at Lot 912 DP 836641 (No. 86-90) Andromeda Drive, Cranebrook. Applicant: Corpus Christi Parish;  Owner: Trustees Roman Catholic Church                                                                                                                           DA07/0742

Having previously declared a Pecuniary Interest in this matter, Councillor Kaylene Allison left the meeting, the time being 8:38 pm.

Councillors Marko Malkoc and Greg Davies left the meeting, the time being 8:40 pm.

 

175  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that consideration of this matter be deferred, so that a site inspection may be undertaken by all interested Councillors of the proposed modification and that, at the site inspection, both parties be invited, with Council officers to request that the youth band referred to in the report be in attendance and perform so that noise implications may be considered.

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 Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

The City In Its Environment

 

Councillor Tanya Davies left the meeting, the time being 8:41 pm.

 

8        Street Litter Bin Waste Collection and Disposal Contract                                              

176  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Street Litter Bin Waste Collection and Disposal Contract be received.

2.     Council approve a new pricing structure for the Street Litter Bin Waste Collection Contract to exclude the tipping component, which is to be borne by Council effective 1 July 2009.

 

3.     The new weekly price (2008/09) for the Street Litter Bin Waste Collection Contract be $7,477.19 per week ($388,813.88 per annum), subject to annual CPI adjustments in accordance with the terms of the contract, effective from 1 July 2009.  The adjusted service rate will be reduced to $2.056 per bin (2008/09), in accordance with the terms of the contract plus CPI.

 

 

9        Variation to the Domestic Waste Contract                                                                       

177  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Variation to the Domestic Waste Contract be received.

2.     The Waste and Community Manager in consultation with the Group Manager - Legal and Governance be authorised to vary the Domestic Waste Contract in accordance with the terms of this contract.

 

 

10      Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands       

178  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands be received.

2.     Council endorses the auspicing of the $50,000 grant funding to the Deerubbin Local Aboriginal Land Council for the removal of asbestos contaminated waste illegally dumped on Deerubbin Aboriginal Land Council lands.

 

 

The City as an Economy

 

11      2009 Sister Cities Australia National Conference                                                            

179  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.     The information contained in the report on 2009 Sister Cities Australia National Conference be received.

2.     Councillor Greenow represents Council at the 2009 Sister Cities Australia National Conference in Tamworth from 19-22 July, 2009.

 

 

 

 

The City Supported by Infrastructure

 

Councillor Kaylene Allison returned to the meeting, the time being 8:42 pm.

 

15      Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2009-2010                                                                                                                                     

180  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2009-2010 be received.

2.     Council accept the three grants offered by the Roads and Traffic Authority Local Government Road Safety Program, totalling $ 10,000.00, as outlined in the report.

3.     Council accept the grant offered by the Roads and Traffic Authority NSW Centre for Road Safety, totalling $1,500.00 as outlined in the report.

 

 

16      Road Classification Review                                                                                               

181  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Road Classification Review be received.

2.     Council advise the RTA that it accepts the final Road Classification recommendations for Christie Street, St Marys to change from Local Road to Regional Road status.

3.     Council advise the RTA that it accepts the final Road Classification recommendations for Castlereagh Road, Castlereagh (Springwood Road to Cranebrook Road) to change from State Road to Regional Road status subject to any identified repair works being carried out.

4.     Council advise the RTA that it accepts the final Road Classification recommendations for Londonderry Road, Londonderry (The Northern Road to The Driftway) to change from Regional Road to State Road status.

 

 

2        Penrith Transport Summit Outcomes                                                                                

182  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that the information contained in the report on Penrith Transport Summit Outcomes be received.

 

 

12      Tender Number 13-08/09 Concrete Works - Footpath and Kerb & Gutter                    

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

That:

1.     The information contained in the report on Tender Number 13-08/09 Concrete Works - Footpath and Kerb & Gutter be received.

2.     Kodi Civil Pty Ltd be appointed as the preferred contractor for the provision of Concrete works for footpath and kerb and gutter for a period of 2 years (subject to rise & fall) with an option to extend the arrangements for a further 1 year period subject to satisfactory performance.

3.     Devcon Civil Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unable to complete allocated works within a suitable time frame or they are in default of their obligation under the terms of the contract agreement.

 

 

13      Mulgoa Road/Jamison Road, Penrith - Intersection Upgrade

Councillors Greg Davies and Tanya Davies returned to the meeting, the time being 8:48 pm.

 

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

That:

1.     The information contained in the report on Mulgoa Road/Jamison Road, Penrith - Intersection Upgrade be received.

2.     Council write to the Local State Members of Parliament requesting them to respond to the matters raised in Council’s report on this matter.

 

 

14      Status of the M4 Motorway Toll

Councillor Marko Malkoc returned to the meeting, the time being 8:54 pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:56 pm.

 

185  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Prue Guillaume

That:

1.     The information contained in the report on Status of the M4 Motorway Toll be received.

2.     Council write to the Minister for Roads supporting removal of the M4 toll when ownership reverts to the government on 15 February 2010.

3.     Council write to the Local State Members for their support as well for the removal of the M4 toll when ownership reverts to the government on 15 February 2010.

 

 

Leadership and Organisation

 

17      Penrith Performing and Visual Arts Limited                                                                     

186  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Limited be received.

2.     Council endorse the appointment of Mr Barry Husking as a Director on the Board of Penrith Performing and Visual Arts Limited.

 

 

18      Pecuniary Interest Returns                                                                                                

187  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on Pecuniary Interest Returns be received.

 

 

19      21st Women, Management and Work Conference - 30 to 31 July 2009                         

188  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on 21st Women, Management and Work Conference - 30 to 31 July 2009 be received.

 

 

21      Expressions of Interest Reference 24-08/09 Provision of Banking Services                 

189  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Expressions of Interest Reference 24-08/09 Provision of Banking Services be received.

2.     Council renew its banking relationship with the Commonwealth Bank for the period 1 July 2009 to 30 June 2015 in line with the expression of interest received 26 May 2009 for all services expect those relating to Purchase cards.

3.     Council renew its relationship with the National Australia Bank for the period 1 July 2009 to 30 June 2015 in line with the expression of interest received 26 May 2009 for services relating to Purchase Cards only.

 

22      Commercial Matter - Lease of Unused Public Laneway Adjacent to 22 Peachtree Road, Penrith to Adjoining Business Owner, Petrolink Pty Limited                                          

190  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Lease of Unused Public Laneway Adjacent to 22 Peachtree Road, Penrith to Adjoining Business Owner, Petrolink Pty Limited be received.

2.     Council grant Petrolink Pty Limited a 5 year lease in the form of a Licence Agreement under Part 10, Division 2, Sections 153-157 of The Roads Act 1993.

3.     Council agree to the rental payments in the amount of $2,700 per annum plus GST, with CPI increases.

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

 

 

23      Commercial Matter - Council Property Cranebrook Village Shopping Centre              

191  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

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

2.     Formal tenders be invited from:

·     Fabcot Pty Ltd (A subsidiary company of Woolworths Limited)

·     Benjcorp Pty Ltd (As trustees for Benjamin Group)

·     Dubel Pty Ltd

·     AusPacific Property Group Pty Limited.

 

3.    A further report be submitted to Council following the receipt of the tenders recommending a preferred tenderer.       

 

 


 

24      Commercial Matter - Council Property - Electricity Easement over Public Reserve, Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens                                                                                                                                             

192  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easement over Public Reserve, Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens be received.

2.     Council grant Integral Energy an Easement for Underground Cables 0.5 metres over Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens.  Council accept compensation in the amount of $5,500 plus GST.

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

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

 

 

25      Commercial Matter - Council Property - Electricity Easements over Public Reserve, Lot 212 DP 817299, Paganini Crescent, Claremont Meadows.                                                     

193  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easements over Public Reserve, Lot 212 DP 817299, Paganini Crescent, Claremont Meadows. be received

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 5.5 metres over Lot 212 DP 817299 Paganini Crescent, Claremont Meadows.  Council accept compensation in the amount of $5,500 plus GST.

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

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

 

 


 

26      Commercial Matter - Road Closing, Lenore Lane, Erskine Park                                   

194  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Road Closing, Lenore Lane, Erskine Park be received.

2.     Council formally close the unnecessary section of Lenore Lane as indicated in the report through Fitzpatrick Investments Pty Ltd.

3.     Council close the excess section on the southern side of Lenore Drive as indicated in the report through GPT Re Ltd.

4.     Council transfer the closed section of Lenore Lane containing 8,447 square metres to the adjoining owner, Fitzpatrick Investments Pty Ltd as credit against future road dedication in accordance with the Erskine Park Employment Zone Section 94 Plan.

5.     Council transfer the closed southern section of Lenore Drive containing 415.3 square metres to GPT Re Ltd for consolidation with Lot 201 DP 1133028 as credit against future road dedication in accordance with the Erskine Park Employment Zone Section 94 Plan.

6.     Council release the temporary rights of carriageway once no longer required and removal of the temporary turning circles and reconstruction of the roadway/curb and gutter has been completed.

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

 

 

27      Commercial Matter - Easement to Drain Water over Lots 118 & 119, DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.  Owner:  Penrith City Council - Applicant:  Oen Zoan Castle Hill Investment Group                                                                                   

195  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Easement to Drain Water over Lots 118 & 119, DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.  Owner:  Penrith City Council - Applicant:  Oen Zoan Castle Hill Investment Group be received.

2.     Council grant an easement to drain water over Open Space land on Lots 118 and 119 DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park in favour of Lot 2 DP 214825 and Lot C DP 432667 at Nos. 67-69 Brisbane Street, Oxley Park.

 

 

3.     Payment of compensation by the applicant in the amount of $10,000 plus GST be required for the grant of the easement over Lots 118 and 119 DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.

4.     The applicant be responsible for all survey, legal and registration costs associated with the creation of the easement.

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

 

 

28      Commercial Matter - Electricity Easements over Public Reserve - Lot 2092 DP 812223 Veronica Place, Glenmore Park                                                                                        

196  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Electricity Easements over Public Reserve - Lot 2092 DP 812223 Veronica Place, Glenmore Park be received.

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 6.5 metres over Lot 2092 DP 812223 Veronica Place, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

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

4.     Integral Energy provide additional landscaping in conjunction with Council’s Parks Department.

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

 

 

29      Commercial Matter - Council Property - Electricity Easements over Public Reserve - Lot 4252 DP 817380, The Carriageway, Glenmore Park                                                       

197  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easements over Public Reserve - Lot 4252 DP 817380, The Carriageway, Glenmore Park be received.

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 5.5 metres over Lot 4252 DP 817380, The Carriageway, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

 

 

3.     Council grant Integral Energy an Easement for Underground Cables 1 metre wide over Lot 4252 DP 817380, The Carriageway, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

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

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

 

 

30      2008 - 2009 Borrowing Program                                                                                        

198  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on 2008 - 2009 Borrowing Program be received.

 

 

32      Summary of Investments & Banking for the period 1 May 2009 to 31 May 2009        

199  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 May 2009 to 31 May 2009 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 May 2009 to 31 May 2009 be noted and accepted

3.     The graphical investment analysis as at 31 May 2009 be noted.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:02 pm.

 

 

20      2009 Local Government Association Conference                                                            

200  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on 2009 Local Government Association Conference be received.

2.     Councillors Ben Goldfinch, Marko Malkoc, Robert Ardill, Kevin Crameri OAM, Greg Davies, Karen McKeown, Kath Presdee, and any other Councillor that wishes to attend as an observer, be nominated as Council’s delegates to the 2009 LGA Conference to be held in Tamworth from 24 – 28 October 2009.

 

3.       Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2009 LGA Conference.

 

 

31      Making of Rates and Charges 1 July 2009 to 30 June 2010                                           

201  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Making of Rates and Charges 1 July 2009 to 30 June 2010 be received.

       2.       Ordinary Rate

       In accordance with Section 535 of the Local Government Act 1993, an ordinary rate named Residential ordinary in accordance with Section 543(1) of point four three two one four (.43214) cents in the dollar being ad valorem amount on the land value of all rateable land in the City categorised as residential under Section 493 and that an ordinary rate named Farmland ordinary of point two one six zero seven (.21607) cents in the dollar on the land value of all rateable land in the City categorised as farmland and that an ordinary rate named Business ordinary of point seven seven nine eight nine (.77989) cents in the dollar on all rateable land in the City categorised as business and that an ordinary rate being a subcategory of Business rate named Penrith CBD Rate of point eight nine five six five (.89565) cents in the dollar and that an ordinary rate being a subcategory of Business rate named St Marys Town Centre Rate of one point two zero five zero three (1.20503) cents in the dollar be now made for the period 1 July 2009 to 30 June 2010 subject to a minimum rate under Section 548(5) of six hundred and ninety five dollars and ten cents ($695.10) in respect of each separate parcel of land categorised as Residential and Farmland and that each separate parcel of land categorised as Business or as a subcategory of Business be subject to a minimum rate under Section 548(5) of the Local Government Act, 1993 of eight hundred and eighty nine dollars and forty cents ($889.40).

 

       3.       Service of Rate Notices

       The rate or charge for the 2009-10 rate year be levied on the land specified in a rates and charges notice by the service of that notice, and the General Manager be and is hereby authorised, to prepare and serve such notice for and on behalf of Council.

 

       4.       Charges

       The charges attached to the report to the Ordinary meeting on 29 June 2009, titled Making of Rates and Charges for 1 July 2009 to 30 June 2010, be made (see attachment).

 

      

 

       5.       Interest

       For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act, 1993, Council make the interest charge for 2009-10 nine (9.0) percent per annum.

 

       6.       Pension Rebate

       All eligible pensioners under Section 575 of the Local Government Act, 1993 be granted a rebate of 50% of the ordinary rate and domestic waste management service up to a maximum of $250.00 under Section 575(3) of the Local Government Act, 1993.

 

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Peppertree Oval, Erskine Park                                                                                

Councillor Tanya Davies requested a memo reply to all Councillors concerning the need for significant repair and maintenance works to Peppertree Oval, which is heavily used by the St Clair Junior Rugby League Club,  and also requesting an update on the possible use by the club of the ‘Jam Factory’ site.

 

QWN 2      Thanks from Sporting Groups                                                                                  

Councillor Tanya Davies passed on thanks from Colyton/St Clair Little Athletics for improvements made to Saunders Park, and from St Clair Junior Rugby League Club for the laying of asphalt driveway and footpath at Peppertree Oval, enabling ambulance access.

 

QWN 3      EFTPOS Facility - Penrith Railway Station                                                             

Councillor Ben Goldfinch requested an urgent report to Council on the matter of the non-functioning EFTPOS facility at Penrith Railway Station, seeking Council’s assistance in expediting the process of having the machine installed.  Councillor Goldfinch also requested that a letter be sent to the Minister for Transport, in this regard.

 

QWN 4      Dog Off Leash Area in Penrith LGA                                                                       

Councillor Robert Ardill requested a memo reply to all Councillors providing details of dog off leash areas in the Penrith LGA, and particularly in St Clair, with a view to possibly upgrading some of the areas or providing more stringent maintenance.

 

QWN 5      Llandilo Hall - Provision of Skip                                                                              

Councillor Kevin Crameri OAM previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in this item as he is the Public Officer of the Llandilo Hall Committee.

 

 

 

Councillor Ross Fowler OAM requested that an amount of $400 be allocated from North Ward voted works to the provision of a skip for rubbish removal as a result of recent renovations to the Llandilo Hall.

202  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

203  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an amount of $400 be allocated from North Ward voted works to the provision of a skip for rubbish removal as a result of recent renovations to the Llandilo Hall.

 

QWN 6      Intersection of Mt Vernon Road and Capitol Hill Road, Mt Vernon                    

Councillor Greg Davies requested that the matter of lighting of the intersection of Mt Vernon Road and Capitol Hill Road, Mt Vernon be referred to the Local Traffic Committee for investigation.

 

QWN 7      Coachmans Park, St Marys                                                                                     

Councillor Greg Davies requested a memo reply to all Councillors requesting that Coachmans Park, St Marys be made an alcohol free zone, if it has not been already, and seeking suggestions as to safety improvements in this location. 

 

QWN 8      DCP requirements - Softspace Landscape                                                              

Councillor Greg Davies requested a report to the Policy Review Committee concerning the classification of rules regarding DCP requirements for 60% softspace landscape.

 

QWN 9      Fair Trade Accreditation                                                                                          

Councillor Greg Davies requested a report to the Policy Review Committee regarding the possibility of Penrith City Council becoming Fair Trade accredited.

 

QWN 10    Rural Fire Service Annual Ball                                                                                

Councillor Kevin Crameri OAM requested that an amount of $500 be allocated, in equal amounts from each Ward’s voted works, to purchase a table at the Annual Rural Fire Service Ball to be held on 15 August 2009 at St Marys Band Club.

 

204  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

205  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that an amount of $500 be allocated, in equal amounts from each Ward’s voted works, to purchase a table at the Annual Rural Fire Service Ball to be held on 15 August 2009 at St Marys Band Club.

 

QWN 11    Road Pavement Failures - Llandilo                                                                          

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning road pavement failures outside Xavier College, and in Ninth Avenue, Second Avenue, and the Llandilo area generally, and seeking urgent attention to these road pavements.

 

QWN 12    Removal of Tree in Granary Lane, Werrington Downs                                         

Councillor John Thain requested a memo reply to all Councillors concerning a tree growing in the rear of Granary Lane, Werrington Downs, which sheds excessive amount of leaves, affecting the amenity of residents, and requested that this tree be removed.

 

QWN 13    Skateparks in Penrith LGA                                                                                      

Councillor John Thain requested a report to Council to consider holding a local competition for resident skateboard, scooter and BMX bicycle riders.

 

QWN 14    Public Exhibition of Development Applications                                                       

Councillor Karen McKeown requested a report to the Policy Review Committee concerning the exhibition of contentious development applications over the Christmas period and suggesting exhibition times that do not conflict with the Christmas/New Year period.

 

QWN 15    Community Gardens                                                                                                 

Councillor Kath Presdee requested a report to Council on the viability of establishing community gardens which would allow for residents, school and community groups to participate in growing trees, flowering plants and/or vegetables.  Also, seeking information on similar schemes which currently exist in Australia and the UK and which could potentially be established in the Penrith LGA.

 

QWN 16    NSW Community Building Partnership Fund                                                          

Councillor Prue Guillaume requested an urgent report to the Policy Review Committee (or a Councillor briefing) detailing possible projects that Council may apply for as part of the NSW Community Building Partnership Fund, announced recently in the NSW State Budget.

 

QWN 17    Footpath – Great Western Highway, St Marys                                                      

Councillor Greg Davies requested a memo reply to all Councillors following inspection of the footpath on the southern side of the Great Western Highway at St Marys, from Monfarville Street to Hewitt Street.

 

 

 

 

Committee of the Whole

 

206  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:25 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Marko Malkoc seconded Councillor John Thain that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Leadership and Organisation

 

2        Commercial Matter - Council Property - Leasing of 118 Henry Street, Penrith            

 

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        Commercial Matter - Council Property - Lease of Suite 4 at 134 Henry Street Penrith

 

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

 

 

The meeting resumed at 9:29 pm and the General Manager reported that the Committee of the Whole met at 9:25 pm on 29 June 2009, the following being 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,  Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain

 

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

 

 

 

 

 

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Council Property - Leasing of 118 Henry Street, Penrith            

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Robert Ardill

CW2 That:

1.     The information contained in the report on Commercial Matter - Council Property - Leasing of 118 Henry Street, Penrith be received.

2.     Council grant a 3 year lease with a 3 year option to Rivers (Australia) Pty Ltd in accordance with the terms and conditions outlined in the report.

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

 

 

3        Commercial Matter - Council Property - Lease of Suite 4 at 134 Henry Street Penrith

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

          CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Lease of Suite 4 at 134 Henry Street Penrith be received.

2.     Council grant a 3 year lease to Terence Tung-Yep trading as Advanced Natural Therapy in accordance with the terms and conditions outlined in the report.

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

 

 

ADOPTION OF Committee of the Whole

 

207  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Greg Davies that the recommendation contained in the Committee of the Whole and shown as CW 1, CW2 and CW3 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:30 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

·     Organisation or group they are representing (if applicable);

 

·     Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·     Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·           The interest of the speaker (e.g. affected person, neighbour, applicant,        applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Launch of Aboriginal Women's Art Project

 

 



Ordinary Meeting

20 July 2009

A Vibrant City

 

Mayoral Minute

Launch of Aboriginal Women's Art Project

Strategic Objective: We encourage the wellbeing, creativity, inclusivity and diversity of our communities

         

 

It was with great pleasure that I attended the launch of the Aboriginal Women’s Art Project at St Marys Library on Friday, July 3. The launch celebrated the hanging of a beautiful artwork entitled “My Life Between 2 Creeks”.

 

I was also delighted to be presented with a plaque for Council, which includes a miniature replica of the painting.

 

Created by seven local Aboriginal women who live in North St Marys, “My Life Between 2 Creeks” is a wonderful visual representation of the cultural history of the area.

 

The project was a partnership between North St Marys Neighbourhood Centre and the St Marys Area Community Development Project, and the women met at St Marys North Public School to complete the work.

 

I would like to thank the artists who so generously shared their talent with us: Samira Boney, Sandra Hayek, Lesley Falconer, Amanda Wall, Donna Wall, Emily Wall, and Vicki Thom, who also helped facilitate the project. 

 

Creeks hold special significance for Aboriginal people. Water has always been a source of sustenance in terms of food and livelihood, and creek banks have also provided meeting places. In sharing their work these women have shared their stories with us, and we can learn from these stories.

 

I encourage you to visit St Marys Library and see “My Life Between 2 Creeks” for yourself.

 

 

 

Jim Aitken OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Launch of Aboriginal Women's Art Project be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 3 June 2009

 

2        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 10 June 2009

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 6 July 2009

 

4        Report and Recommendations of the Policy Review Committee Meeting Held on 13 July, 2009

 

 



Ordinary Meeting

20 July 2009

A City of Opportunities

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 3 June, 2009

 

 

 

PRESENT

Councillor Robert Ardill (Chair), Councillor Jackie Greenow, Sherille Stephens, John Farragher, Tricia Hitchen, Denise Heath, Ronda Hopkins (5.35pm).

 

IN ATTENDANCE

Glen Tuckwell, Building Projects Co-ordinator; Vanessa Muscat, Environmental Health and Building Surveyor; Hans Meijer, City Works Manager; Ben Felten, Disability Access Officer; Andrew Robinson, Recreation Manager; Joe Ibbitson, Community Programs Co-ordinator; Erich Weller, Community and Cultural Development Manager, Peter Wood, Development Assessment Co-ordinator; Steve Barratt, Building Regulatory Services Co-ordinator.

 

APOLOGIES

Apologies were accepted from Councillor Guillaume, Michael Morris and Roger Nethercote.

 

CONFIRMATION OF MINUTES - Access Committee Meeting – 1 April 2009

The minutes of the Access Committee Meeting of 1 April 2009 were confirmed.

 

BUSINESS ARISING FROM MINUTES OF 1 APRIL 2009

 

4        Development Application Referral to the Access Committee

 

DA05/1384.04     Panthers Football Stadium Update

 

Tricia Hitchen enquired about the proposed visit by the Access Committee to the Panthers Stadium.  Vanessa Muscat advised that an email and calendar booking would be sent out to members for the visit to be held on 18 June 2009 from 2.00pm to 4.00pm.  Members are to meet in the carpark off the street at the Western Grandstand.

 

DECLARATIONS OF INTEREST

 

No declarations of interest.

 

MASTER PROGRAM REPORTS

 

The City as a Social Place

 

1        international Day for People with Disability 2009 (IDPWD)

 

Joe Ibbitson advised that the International Day for People with Disability is celebrated every year on 3 December.  Council has previously held celebrations that aim to promote an understanding of people with disability and encourage support for their dignity, rights and wellbeing.  Last year there was a partnership with NADO and PDRC and a project was implemented raising public awareness of people with a disability – three posters were designed.  These posters were officially launched at Council in the Nepean Room.

 

IDPWD celebrations are being considered for this year and initial consultations have been held with Lewers Gallery.  Lewers Gallery is proposing a disabilities festival be held later in the year.  There may also be an opportunity to include the celebration for IDPWD as part of the festival.  Joe Ibbitson advised that discussions have also been held with NADO and the Golden Stave Music Therapy Centre at UWS on this opportunity.

 

The celebration would showcase artists with a disability in different aspects of performance and visual arts.  Joe Ibbitson advised that a working group will be formed in the near future.

 

RECOMMENDED

That:

1.     The information contained in the report on International Day for People with Disability 2009 (IDPWD) be received.

2.     Discussions continue with the Penrith Regional Gallery and other potential partners on the proposed celebrations for IDPWD 2009.

 

2        Penrith Swim Centre Improvements                                                                                  

Andrew Robinson spoke to the report and advised that construction at the Penrith Swim Centre has commenced.  The major work at the Quarterdeck has been completed.  The kitchen is in the final stage of completion.  Signage will be organised at the end of the project.

 

Andrew Robinson expressed appreciation for the purchase of the pool hoist.  Ben Felten informed the meeting that the Teal Pool Hoist is the kind which is used in the hydrotherapy pool.  It is an electric pool hoist rated at 190kg.  The hoist is portable and will be stored in the shed and brought out when needed.  Some accessories will be purchased including one which will aid someone requiring a neck support.

 

Andrew Robinson invited the Committee members to come to the Penrith Pool when the works are completed.  An Open Day will be held in October as part of Active Penrith month.

 

Other issues discussed included:

 

·    seating arrangements outside the Quarterdeck

·    accessible toilets

·    works should be completed by the end of July

·    promotion of the Penrith Pool disability access on the Access Maps and Council’s website

·    suggestion to hold an Access Committee meeting at the Quarterdeck or undertake a tour of the Penrith Pool

·    highlighting the new Penrith Pool facility as part of IDPWD.

 

Glen Tuckwell advised that the changeroom is still in the design stage.  A recognised consultant has been engaged to assist with design and come up with a best practice facility to accommodate people with different types of disabilities.

 

Ben Felten reiterated that the Penrith Pool facility will be completely accessible for people with a disability.  A person can arrive at the pool in their wheelchair, attach the harness and use the pool hoist to access the pool.  There will be wet chairs available to transfer to.  The newly designed changeroom/toilet will be unique.  A shower is planned for the new changeroom as well as a change table and a sluice.  A sling mounted electric hoist is also proposed to enable transfer from the toilet to the shower or change table. It is proposed to promote this new facility widely.

 

RECOMMENDED that the information contained in the report regarding project progress to upgrade facilities at the Quarterdeck and Penrith Pool be received.

 

3        Master Locksmith Access Key (MLAK) Scheme                                                           

Ben Felten outlined the background history of the MLAK Scheme and the proposed procedures for its implementation in Penrith.

 

Council has been working with PDRC in developing procedures and policy documents.  PDRC will manage the scheme and maintain a database of key holders.

 

Application forms will be available from the PDRC office and website and Council offices.  Applicants will require a letter from their doctor.  Keys will be obtained from Locksmiths who are members of Multilocksmiths of Australia at the cost of $14.  The key can be used anywhere in Australia.

 

An MLAK scheme sign has also been designed which is compliant, tactile and includes pictures.

 

It is anticipated that the MLAK scheme will be launched in August or September with the new accessible toilet module being built at Werrington Lakes

 

RECOMMENDED that the information contained in the report on Master Locksmith Access Key (MLAK) Scheme be received.

 

4        Development Application Referral to the Access Committee                                         

DA09/0163                   Proposed Fitout and Use of Fun Park, Blaikie Road, Jamisontown

 

Peter Wood spoke to the memo which was sent out regarding the old golf driving range and proposed fun park.  He advised that:

 

·    no new building works are proposed

·    the existing area delineated by the golf driving range will be used for the development

·    jumping castles, blow-up slides, mini putt-putt and obstacle courses will be installed

·    currently there are two accessible parking spaces for 43 car spaces

·    there is ramp entry to ground floor areas and accessible entry to the outside area

·    the first floor area is a training room and office areas.

 

 

Steve Barratt advised that officers would be undertaking a site inspection next week to check the building regarding fire safety and accessible compliance.  The application is at rough DA stage at this time.  Only the ground floor of the building is proposed to be altered.  A proposed hippo slide will be seven metres high.

 

Peter Wood also advised that:

 

·    the site is fairly level

·    the toilet facilities are on the ground floor

·    seating areas will be provided for parents and guardians to view the children

·    there is existing approval for the use of the building for putt-putt golf and party rooms.

 

Issues considered by the Committee include:

 

·    what opportunities exist for the first floor to be more accessible

·    provision of first aid facilities

·    the timeframe for the project

·    requirements for fencing of dams

·    provision of further carparking for buses and disabled groups.

 

Steve Barratt suggested bringing a brief report or memo back to the Access Committee to advise of any extra inclusions in the plans.

 

RECOMMENDED that an Access Report be sought from an accredited consultant for the proposed fitout and use of the Funpark at Blaikie Road, Jamisontown.

 

The Committee held a supper break at 6.00pm.

 

Andrew Robinson left the meeting at 6.05pm.

 

The meeting recommenced at 6.06pm.

DA09/0361                   Refurbishment of Existing McDonalds Restaurant, Emu Plains

 

Peter Wood spoke to the report and advised:

 

·    the request is to include a McCafe in the restaurant

·    Murray Mountain has advised that every McDonalds in Australia will be DDA compliant

·    main changes are to the area at the northern aide of the restaurant

·    the playland will be moved outward

·    additional seating will be installed on the Russell Street side

·    amenities are to be upgraded with an airlock

·    proposed new crossing line from Russell Street

·    widening for loading bay area for drive-thru

·    the applicant has been asked to look at the blade wall which comes out to the street edge.

 

Issues considered by the Committee include:

 

·    possibility of ramping the pedestrian crossing

·    installation of a urinal or sluice in the disabled toilet

·    change table

·    installation of Jayso or swing doors.

 

DA09/0401                   Proposed Great River Walk

 

Peter Wood advised that the proposed Great River Walk Stage 4 is located between the M4 Bridge and Victoria Bridge, a large section on Emu Plains side of the river.  The proposal is for works on the upper and lower banks.  A 2.5m shared pathway/cycleway is proposed from the M4 Bridge to the existing footpath joining Regatta Park; a pedestrian way from the Regatta Park carpark to the Victoria Bridge along the river bank; upgrade of path surfaces and provision of seating and lookout areas.

 

Peter Wood also advised that:

 

·    a pre-lodgement meeting has been held – Council is the applicant

·    at this stage accessible paths are limited to the upper section

·    Victoria Bridge stairs will not be accessible.

 

The Committee held a discussion around the use of the pathway shared with pedestrians and cyclists.

 

The Committee also discussed:

 

·    provision of shelter along the path

·    proposed seating

·    interpretive and signage locations.

  

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

 

GENERAL BUSINESS

 

GB 1          Nepean Private Hospital (GB4 1 April 2009)

John Farragher enquired if there was any further information regarding the carpark at Nepean Private Hospital.

Vanessa Muscat advised that as it is a private carpark Council can request but not enforce changes to occur.  She suggested that it may be preferable for the Access Committee to write to the local member.

Steve Barratt undertook to investigate the ownership of the land and ascertain the appropriate body to write to.  Erich Weller advised that this action would be undertaken before the next meeting.

Sherille Stephens also expressed concern regarding the Nepean Private Hospital carpark and the dangerous traffic conditions especially for people in wheelchairs.  Ronda Hopkins agreed that the area was dangerous.

Erich Weller reiterated that the matter would be minuted and information brought back to the Committee.   

 

GB 2          Access to Commercial Premises (Item 2 1 April 2009)

John Farragher enquired if letters had been sent to WSROC and member councils regarding a tax incentive for the provision of access to commercial premises.

Erich Weller advised that letters had been sent to WSROC and member councils with a copy of John Farragher’s submission attached.  Other councils were encouraged to make a similar submission.

Ben Felten advised that a submission was also sent to the AFTS Secretariat at the Treasury.            

 

GB 3          Information concerning Arts and Crafts for People with Disabilities                     

Ronda Hopkins requested information about arts and crafts for disabled people in the Penrith area.

Some suggestions were:

·    the arts and crafts studio at the Penrith Valley Cultural Precinct in St Marys

·    Council’s neighbourhood centres

·    PDRC Social Group is establishing a craft/arts group

·    to contact Lewers Gallery.

 

Erich Weller agreed that an email would be sent to all Committee members with information regarding arts and crafts in the Penrith LGA.

 

GB 4          Nepean Disability Social Group                                                                               

Sherille Stephens informed the Committee that the Nepean Disability Social Group has secured a room at the back of Penrith PCYC.  The room is being furnished and will be open three days a week from September.  Equipment purchased includes a barbecue, table tennis table, computer and printer.  It is hoped to also purchase a bar fridge and urn.  There is a volunteer helping run the group which plans to include arts and crafts, guest speakers and archery.

Sherille Stephens advised that a competition team will play tenpin bowling every second fortnight and requested information as to the nearest bowling alley.

  

GB 5          Cover Design for Access Committee Business Paper (GB2 1 April 2009)           

Tricia Hitchen enquired about the front cover of the business paper for the June Access Committee meeting.

Vanessa Muscat apologised for not organising the picture for the front of the business paper and advised that she had unfortunately been away from work.

Ben Felten said that a photograph has been organised for the cover of the next business paper.

 

 

GB 6          Penrith Council Wall of Achievement Award Nominations                                    

Ben Felten advised that nominations are being sought for the Penrith Council Wall of Achievement at present and of particular interest is the Carer Award.  He asked members to think about the carers in our community. 

 

Ben Felten advised he had distributed some information through the Disability Forum and also passed some information to PDRC.

 

Erich Weller advised that the information on the application does not need to be in great detail.  The criteria should be answered with a history going back about five years.

 

Joe Ibbitson handed out some information regarding the Wall of Achievement awards.  Ben Felten undertook to email committee members.

 

GB 7          Disability Sport and Physical Activity Forum                                                          

Joe Ibbitson informed the meeting that the Disability Sport and Physical Activity Forum was held on 2 June 2009.  He said there were some very positive outcomes and a lot of information which is being documented by the NSW Sport and Recreation.  Approximately 60 people attended the evening.

 

Tricia Hitchen asked if the report from the Forum could be forwarded to members when it is received.

 

GB 8          Disability Parking Permit Scheme

Joe Ibbitson advised that the Disability Parking Permit Scheme is currently under review.

 

Joe Ibbitson advised that there is discussion regarding the parking permit scheme on the FACSIA website.  Consultations will be held around all states and territories.  The NSW consultation is 6.00pm to 8.00pm on 19 June 2009.  The details of the consultation venue are not being given out prior to registration and no fact sheet has been received yet. 

Joe Ibbitson requested that members respond to the submission and look at the website.  Submissions close on 19 July 2009.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.03pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 June, 2009 be adopted.

 

 

 


Ordinary Meeting

20 July 2009

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Valley Community Safety Partnership MEETING

HELD ON 10 June, 2009

 

 

 

PRESENT

Yvonne Perkins, Penrith City Council; David Burns, Penrith City Council; Allison Kyriakakis, Penrith City Council; Erin Davidson, Penrith City Council; Rachael Vella, Penrith City Council; Ben Feszczuk, Penrith Local Area Command; Linda Baumgartner, Penrith Local Area Command; Ray Filewood, St Marys Local Area Command; Kristy Williams, St Marys Local Area Command; Anthony Holton, St Marys Local Area Command; Mary Cook, Glenmore Park Action Group; Jack McLeod, St Marys Town Centre Management; Gladys Reed, Penrith City Centre Association.

 

 

APOLOGIES

His Worship the Mayor Councillor Jim Aitken OAM; Councillor Karen McKeown; Councillor Jackie Greenow; Councillor Kaylene Allison; Alison Pearson, Penrith City Council; Lisa Jenner, Penrith City Council; Tracy Leahy, Penrith City Council; Jeni Pollard, Penrith City Council; Julie Passau, Penrith Local Area Command; Susan Page, Glenmore Park Action Group; Wendy Herne, St Clair- Erskine Park Community Safety Association Inc.

 

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 25 March 2009

The minutes of the Penrith Valley Community Safety Partnership Meeting of 25 March 2009 were confirmed.

 

 

MASTER PROGRAM REPORTS

 

The City as a Social Place

 

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

1        Update on NSW Attorney General’s Crime Prevention Funding Projects

Jane Street Car Park CPTED Project

Allison Kyriakakis advised that Council was successful in receiving $64,000 funding from the NSW Attorney General’s Department under the Crime Prevention Grants Program for the Jane Street Car Park CPTED Project.

 

The project is in partnership with RailCorp and involves implementing a number of CPTED treatments and physical upgrades to reduce the number of steal from motor vehicles and motor vehicle theft at the eastern end of the Jane Street car park.

 

 

Plate Safe Program

Allison advised that $19,445 has now been received for the Plate Safe Program under the NSW Attorney General’s Department Crime Prevention Grants Program.

 

The project involves fitting anti-theft number plate screws to motor vehicles over a number of designated sessions at advertised car parks in the Penrith LGA.

 

2        CCTV upgrades in the Green space

Allison advised that Council will be installing additional CCTV cameras within the green space located between the Joan Sutherland Performing Arts Centre and Westfield Penrith Plaza.

 

The upgrade of the CCTV system will assist to deter incidents of malicious damage and antisocial behaviour and assist Police with identifying and detecting offenders in the green space. This system will be managed by Community Safety staff as part of Council’s Public Spaces CCTV Program.

 

Allison advised that a working group currently meet on a bi-monthly basis to discuss issues occurring in the green space. Allison further advised that a funding application was submitted two months ago under the Proceeds of Crime Act Grant Scheme for the Green Space Engagement Project. To date there has been no feedback on the status of this funding.

Kristy Williams advised that Penrith Youth Interagency is hosting a Youth week event called The Mondo, 18 June 2009 from 4:00pm-7:00pm in the Green space. Allison advised that the event will consist of a temporary tattooist, horizontal bungee jump, face painting, jumping castle and information stalls.

 

Jack McLeod enquired if the Green space is still experiencing large numbers of loitering. Linda Baumgartner responded that there are still groups of young people gathering in the green space and that Police have a regular presence in the space, particularly on Thursday nights.

 

3       Update on the Warner Group Graffiti Education Program

Allison advised that the Graffiti Education Program delivered by Warner Group is progressing well. 95 sessions have been delivered to local primary and secondary schools, and another 87 sessions are scheduled to be delivered by the end of June 2009.

 

Positive feedback has been received from participating schools. The Western Weekender recently promoted the program with an article published, “Stopping The Spray”, Friday 22 May 2009. The program encourages young people to think about the consequences of

graffiti and the impact it has on the community.

 

Anthony Holton advised that the Graffiti Education Program was discussed at the Principals Forum. Principals advised that students engaged with the delivery of the program and participated well.

 

Allison advised that a number of local councils have contacted Council requesting information on the Warner Graffiti Education Program and have commended Penrith City Council on their initiative.

Allison advised that the Penrith Adolescent Centre are scheduled to receive the Graffiti Education Program. Anthony advised that this was a great step in reaching the target age group.

 

Anthony asked if the program is being delivered to non government organisations. Allison advised that the program is offered to educational organisations, including primary and secondary schools.

 

4       Update on Alcohol Free Zones and Alcohol Free Areas

Allison advised that all Alcohol Free Zones and Alcohol Free Area signage will be installed and completed by the end of June 2009. Once all the signage has been installed Penrith and St Marys Police will be notified.

 

Allison advised that maps will be made available on Council’s website upon final installation of signage to advise the community of locations of both Alcohol Free Zones and Alcohol Free Areas.

 

Ray Filewood suggested publishing a public notice on Alcohol Free Zones and Alcohol Free Areas with details on enforcement times and dates and penalties applied one week prior to the official implementation.

 

Anthony suggested information brochures be distributed amongst the community to inform them of Alcohol Free Zones and Alcohol Free Areas. Allison advised that Council has developed brochures to help assist and educate the community about Alcohol Free Zones and Alcohol Free Areas in the Penrith LGA. These brochures include information on definitions, legislation, aims of the signage, enforcement and penalties and the difference between the signage.

 

Ben Feszczuk advised that there are new changes to legislation. Council Officers can now been given the power to confiscate alcohol in designated alcohol free zones from persons who are seen consuming alcohol in designated alcohol free zones.

 

A meeting will be arranged between the two Local Area Commands and Council Officers to further discuss this matter.

 

5        St Marys Rotary Club Presentation of Graffiti Minimisation Strategy

Allison advised that Community Safety staff attended the St Marys Rotary Club meeting on Tuesday 9 June 2009 to deliver a presentation of Council’s City Wide Graffiti Minimisation Strategy. The presentation included a PowerPoint presentation covering the three key elements of the strategy, education, prevention and removal and the current strategies in place to reduce the levels of graffiti across the LGA.

 

6        Pedestrian Laneways- update on proposed closures and upgrades

Proposed Laneway Closures

Allison advised that Rodley Lane, Penrith; Vista Lane, Penrith; McCartney Lane, St Clair; Morningbird Lane, St Clair and Ball Lane, Colyton are under review and have been proposed for physical closure with gates proposed to be installed at either end in accordance with Council’s adopted procedure.

 

Closure of open land between Diamantina Close and Reddington Avenue, St Clair

Allison advised that Council continues to investigate the proposed closure of open land between Diamantina Close and Reddington Avenue, St Clair as residents are experiencing incidents of anti social behaviour and malicious damage in the area. Residents also continue to seek Council support to consider physical closure of this land in the short term and eventual reclassification.

 

Council engaged a contractor to conduct pedestrian counts to examine the level of pedestrian usage and peak times of usage. Local Police have also assisted in providing statistics on incidents that have been reported in the area over a period of time.

 

Allison also advised that a report is being drafted for Council detailing the issues and supporting evidence for closure.

 

Pedestrian laneway upgrades

Allison advised that works are still continuing to improve the amenity and safety of a number of pedestrian laneways that have not been deemed suitable for physical closure. Works include the installation of new style bollards to deter trailbikes. Other works include improved lighting and general maintenance to improve the safety and amenity for pedestrian access.

 

Yvonne Perkins advised that residents from St Clair are reporting a number of issues regarding trailbikes. Yvonne further advised that Lukes Lane, St Clair has recently undergone an audit which identified a number of upgrades to be implemented. Ben Feszczuk advised that Cranebrook has the highest incidence of trailbike reports in Penrith. However, Emu Plains and Erskine Park also show high reports of trailbikes in laneways.

 

7       Stop Domestic Violence Day - Family Fun Day event - 3 December 2009

Allison advised that the Nepean Domestic Violence Network will be hosting a Family Fun Day in support of Stop Domestic Violence Day on the 3 December 2009 from 3:30pm-7:00pm in the green space between Council, Westfield Penrith and the Joan Sutherland Performing Arts Centre. The event aims to provide information and education on domestic and family violence by engaging with the community through a range of activities including face painting, an animal farm, a jumping castle, temporary tattooist and information stalls.

 

Allison advised that the Network is seeking interest from a range of government and non government agencies to host an information stall or contribute to the event.

 

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

 

 

 

 

 

 

 

Regular Items

 

 

A)  Police Statistics

PENRITH LOCAL AREA COMMAND

Reported Crime Statistics March 2009 – May 2009

 

Crime Category

March

April

May

Assault

102

85

60

Robbery

6

5

6

Break & Enter

66

48

68

Stealing

145

179

156

Steal Motor Vehicle

47

38

45

Malicious Damage

116

105

150

Drug Detection

18

28

46

Traffic Offences

582

546

582

Motor Vehicle Accident

68

59

85

 

 

 

St Marys LOCAL AREA COMMAND

Reported Crime Statistics March 2009 – May 2009

 

Crime Category

March

April

May

Assault

109

108

98

Robbery

11

9

9

Break & Enter

58

47

62

Stealing

133

125

123

Steal Motor Vehicle

39

48

46

Malicious Damage

138

151

147

Drug Detection

18

12

20

Traffic Offences

717

654

617

Motor Vehicle Accident

80

57

85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What’s In The Media

 

Media File January - March 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GENERAL BUSINESS

 

GB 1          Regatta Centre Dance Party                                                                                    

Gladys Reed raised the matter of the upcoming Devcon Dance Party to be held at the Regatta Centre in September 2009 including concerns about people drifting into the CBD at the end of the event.

 

Up to 15,000 people are expected to attend the event. Ben Feszczuk advised that organisers will be paying to use police services with the ratio of police officers of 1 to every 1000 people in attendance.

 

A general discussion took place regarding the upcoming event and Gladys advised that she would be making formal representations on behalf of the Penrith City Centre Association regarding the perceived negative impact on the Penrith CBD at the conclusion of the event. 

 

 

 

 

 

 

 

 

 

 

 

GB 2          Evaluation of Town Terrace, Glenmore Park                                                          

Mary Cook asked if Council could conduct an assessment of Town Terrace, Glenmore Park. Residents have raised concerns as to whether this road can be closed. Children run on the road, trolleys are abandoned and it is dangerous for both drivers and pedestrians. David Burns advised Mary to write a letter on behalf of the Glenmore Park Action Group outlining the issues and this will be forwarded to the Traffic Committee for investigation.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:25pm.

 

 

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 10 June, 2009 be adopted.

 

 

 


Ordinary Meeting

20 July 2009

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 6 July, 2009

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor McKeown – Representative for the Member for Mulgoa, Councillor Guillaume, Pat Sheehy AM – Representative for the Member for Londonderry, Sergeant Natasha Crawford - Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, David Yee – Acting Design & Technical Advice Manager, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer, Ibrahim El-Jamal – Trainee Engineer, Soraya Mohamed – Trainee Engineer, Kerrie Donlan – Representative for the Member for Penrith.

 

IN ATTENDANCE

Jason Roberts – Westbus, Ron Watson – Westbus, Steven Purvis –Ranger.

 

APOLOGIES

Councillor Jackie Greenow.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 June 2009

The minutes of the Local Traffic Committee Meeting of 1 June 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

1        Belmore Street Temporary Carpark - Proposed Extension to Opening Hours              

RECOMMENDED

That:

1.     The information contained in the report on Belmore Street Temporary Carpark - Proposed Extension to Opening Hours be received.

2.     The car park opening hours be extended to 8.00am to 10.00pm.

3.     The Roads and Traffic Authority be requested to approve the installation of ‘No Right Turn’ signage and extension of the centre concrete median on Belmore Street to restrict traffic movements at the car park to left in/left out only.

4.     Subject to Roads and Traffic Authority approval, the project for a centre concrete median on Belmore Stree t 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 median island, and a further report be submitted to the Local Traffic Committee for consideration and endorsement of the plan.

5.     The location be monitored for six months following installation of the right‑turn ban and extension of the carpark opening hours and any further issues be referred back to the Local Traffic Committee.

 

 

2        Glebe Place, Penrith - Proposed Restricted Parking Area Scheme Outside Governor Phillip Nursing Home                                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Glebe Place, Penrith - Proposed Restricted Parking Area Scheme Outside Governor Phillip Nursing Home be received.

2.     The proposed Restricted Parking Area Scheme concept design plan be finalised and endorsed for installation.

3.     The Scheme be reviewed six months after installation and the results of the review be discussed with Sydney West Area Health Services with the view to increasing vehicle parking on-site.

4.     The existing parking restrictions in Glebe Place ad Springfield Place remain unchanged.

5.     The existing ‘No Stopping’ parking restrictions in Gascoigne Street across the driveway access to Governor Phillip Nursing Home be endorsed.

6.     Residents who objected to the Scheme and Sydney West Area Health Service be advised of Council’s resolution.

 

 

3        Traffic Calming Devices Audit - Review of Existing Facilities                                        

RECOMMENDED

That:

1.     The information contained in the report on Traffic Calming Devices Audit - Review of Existing Facilities be received.

2.     The Committee note the information provided in the report.

3.     Blister islands on St Clair Avenue, St Clair be removed from all locations, with the installation of rumble bars or similar where driver behaviours need to be regulated.

4.     A rollout program and funding options be considered by Council’s City Works Department to replace the existing speed cushions on St Clair Avenue, St Clair with ‘Watts Profile’ speed humps.

 

5.     The existing traffic calming devices on Surveyors Creek Road, Glenmore Park be assessed and restored to their original condition, eg, rumble bars, linemarking etc.

6.     The existing traffic calming devices on Melbourne Street, Oxley Park be assessed and restored to their original condition, eg, signage, linemarking etc.

7.     Additional ‘50’ km/h signs and ‘50’ linemarking be installed where required on approaches to the traffic calming device on Explorers Way, St Clair.

8.     Council’s Design Section be requested to reassess the current design of the traffic calming device on Explorers Way , St Clair to increase the vehicle deflection with the view of decreasing vehicle speeds.

9.     Council’s Design Section be requested to reassess the current design of the traffic calming device on John Oxley Avenue, Werrington County to increase the vehicle deflection with the view of decreasing vehicle speeds.

10.   NSW Police be requested to conduct regular patrols of Melbourne Street, Oxley Park and Surveyors Creek Road, Glenmore Park.

 

4        Evan Street, South Penrith - Proposed Extension of Existing 'No Stopping' Restrictions       

RECOMMENDED

That:

1.     The information contained in the report on Evan Street, South Penrith - Proposed Extension of Existing 'No Stopping' Restrictions be received.

2.     Consultation be conducted with York Primary School regarding the proposed extension to the ‘No Stopping’ restrictions, with any substantial objections being referred back to the Local Traffic Committee.

3.     Subject to no substantial objections being received, an additional 37m of ‘No Stopping’ be provided on the eastern side of 222 Evan Street outside York Primary School carpark, to the north of the existing ‘No Stopping’ signage.

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

 

5        Woodlands Drive, Glenmore Park - Speeding Vehicles                                                   

RECOMMENDED

That:

1.     The information contained in the report on Woodlands Drive, Glenmore Park - Speeding Vehicles be received.

2.     The provision of traffic calming devices not be supported in Woodlands Drive, Glenmore Park.

3.     The provision of a marked pedestrian crossing or pedestrian refuge near ABC Childcare Centre not be supported.

 

4.     All affected residents be consulted regarding the proposed improvements in Woodlands Drive, Glenmore Park.

5.     Subject to no substantial objections from affected residents, the following works be implemented:

a.   All street trees in Woodlands Drive shall be under pruned and all leaves removed to a minimum height of 1.5 m from ground level to improve sight distance for vehicles reversing out of driveways

b.   The existing roundabout at the intersection of Woodlands Drive and Oriole Street be upgraded with roundabout signs on the islands and double-barrier lines on approaches to all blister islands at a desirable length on 20m (subject to community consultation)

c.   Approximately 85m of BB lines be installed on Woodlands Drive from the existing linemarking near house number 3 to the existing linemarking at the bend near house number 8, with a gap to be provided at the intersection of Linara Circuit.

d.   Approximately 30m of BB lines be installed on Woodlands Drive from the existing linemarking near house number 66, extending south.

e.   Approximately 65m of BB lines be installed on Woodlands Drive from the existing splitter island at the roundabout at the intersection of Woodlands Drive and Oriole Street, extending north.

f.    Approximately 100m of BB lines be installed on Woodlands Drive from the existing splitter island at the roundabout at the intersection of Woodlands Drive and Oriole Street, extending south to Thornbill Crescent.

g.   Approximately 70m of BB lines be installed on Woodlands Drive from Thornbill Crescent, extending north to the common boundary of 13-15 Woodlands Drive.

h.   Approximately 20m of BB lines be installed on Woodlands Drive from the existing linemarking near house number, 3 extending south

6.     Flexible lane dividers be provided along the existing BB lines at the existing ‘Bus Stop’ and shelter near number 66, for a distance of 40m.  Subject to further investigation by Council’s Traffic Section, flexible lane dividers be provided at other existing bus stops in Woodlands Drive if warranted.

7.     The Childcare Centre at 66 Woodlands Drive be requested to signpost the southern driveway as “Entry Only” and the northern driveway as “Exit Only” and relocate their advertising sign.

8.     NSW Police be requested to provide speed enforcement on Woodlands Drive for its full length, together with patrols of the roundabout at Woodlands Drive and Oriole Street regarding burnouts and loud stereos.

9.     Council’s Speed Alert Mobile unit be tasked to Woodlands Drive on a rotating period over the next twelve months.

 

 

6        Mulgoa Road, Spencer Street & School House Road, Regentville - Proposed Intersection Upgrades                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Mulgoa Road, Spencer Street & School House Road, Regentville - Proposed Intersection Upgrades be received.

2.     The Committee note the information.

 

 

7        Alpine Circuit, Dutch Place, Mint Close,  St Clair - Proposed Provision of 'Give Way' Treatments                                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Alpine Circuit, Dutch Place, Mint Close,  St Clair - Proposed Provision of 'Give Way' Treatments be received.

2.     ‘Give Way’ treatments be implemented at the intersections of Alpine Circuit with Dutch Place and Mint Close, and TB holding lines be positioned for the northbound approaches in Dutch Place and Mint Close.

 

 

8        Mamre Road, Lonsdale Street & Wilson Street, St Marys - Proposed Provision of Right-Turn Ban                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Mamre Road, Lonsdale Street & Wilson Street, St Marys - Proposed Provision of Right-Turn Ban be received.

2.     The Roads and Traffic Authority be requested to investigate a peak hour ‘No Right Turn’ restriction from Mamre Road into Wilson Street and/or Lonsdale Street, with a Traffic Management Plan produced detailing flow-on effects for other side streets off Mamre Road.

3.     The Roads and Traffic Authority be requested to upgrade the intersection of Mamre Road, Lonsdale Street and Wilson Street to traffic signals to alleviate the current high accident rate.

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

 

 

 

 

 

 

9        Carsons Lane, St Marys - Proposed Parking Restrictions                                              

RECOMMENDED

That:

1.     The information contained in the report on Carsons Lane, St Marys - Proposed Parking Restrictions be received.

2.    The existing 60m of full-time ‘No Stopping’ restrictions the northern side of Carsons Lane be approved and the existing 85m of full-time ‘No Stopping’ restrictions on the southern side of Carsons Lane be approved.

 

3.    The existing ‘No Parking” signs in Carsons Lane be removed.

 

4.   General linemarking and stencilling (directional arrows and “park smarter” logos) in the car park be rejuvenated.

 

5.   Council’s Co-ordinator Ranger Services be advised of the Committee’s recommendations.

6.   Council convert the existing two disabled parking spaces at the southern end of the carpark to three standard parking spaces.

 

 

 

GENERAL BUSINESS

 

GB 1          DEFQON.1 – Music Festival, Sydney International Regatta Centre (SIRC) – Saturday 19 September 2009  (Raised Council)                                                                                        

Council has received a request from Event and Sports Projects Australia Pty Ltd (ESPA) for approval to hold the DefQon.1 music festival event on Saturday 19 September 2009 at the SIRC.  The event is proposed to commence at 11:00am and conclude at 10:00pm (egress 9:00pm to 12 midnight).

 

DefQon.1 is a dance festival which originates from the Netherlands.  The event has been held there since 2003 and attracts crowds of over 40,000 people.  It is proposed to hold DefQon.1

 in Australia for the first time at the SIRC.  This event is expected to attract 15,000 people aged between 18 and 26.

 

Council’s City Marketing Supervisor has advised that the event has not formally been endorsed by Council.  It is currently unclear if the applicant is seeking to use the existing consent for 10,000 attendees under a standing Department of Planning consent for concerts, or if the applicant will have to apply for a new consent.  The applicant has proposed that the Local Traffic Committee consider the submitted Traffic Management Plan for the event and endorse it, subject to the necessary approvals for the event being in place.

 

The majority of patrons attending the event are expected to travel by train as a train and bus ticket is included in the event ticket price, with a small portion (approximately 1,500 cars) expected to drive and park at the venue.  Patrons who wish to drive will have the option of pre-purchasing the parking at a discounted rate before the event or at a higher price at the gate.

 

Patrons who have driven to the event will park in the SIRC carparks P3-P6.  At the conclusion of the event, vehicles will be asked to leave SIRC via gate E and exit via McCarthys Lane onto Castlereagh Road and left into Andrews Road.  Vehicles heading to Richmond/Windsor can turn left at the Castlereagh Road/McCarthys Lane intersection.

 

Those who travel by train will be able to utilise a shuttle bus service between Penrith Station and the venue.  It is expected that 25 buses will be required for ingress from Penrith Station to the venue.  Further, it is expected that 50 buses will be required for the egress of the event in order to move over 10,000 patrons back to Penrith Station.  Additionally, the event shuttle bus will continue to operate throughout the day and into the evening to cater for patrons who leave the event early.  Buses will take approximately two minutes to load and one minute to unload.  It is expected that each bus will be able to make three trips per hour between SIRC and Penrith Railway Station.

 

The route from Penrith Station to SIRC is proposed as exit Penrith Railway north side commuter carpark, left onto Coreen Avenue, turn right onto Castlereagh Road at roundabout, left into Lugard Street at traffic signals, right into Leland Street, left into Old Castlereagh Road and right into Gate A SIRC.

 

Egress from the site is proposed to exit from Gate C, left onto Old Castlereagh Road, right onto Castlereagh Road at roundabout (this movement will have priority over vehicles exiting the site as they will be exiting at McCarthys Lane), left into Coreen Avenue at roundabout, right into Penrith Railway north side commuter carpark.

 

At 8:30pm event management will commence setup of managed traffic conditions on Castlereagh Road and McCarthys Lane, Castlereagh Road/Andrews Road/Old Castlereagh Road roundabout, Gate E and McCarthys Lane and Old Castlereagh Road between Castlereagh Road and Leland Street.

 

Variable message signs will be utilised in the following locations to assist with traffic management before, during and after the event:

 

·    VMS 1 Castlereagh Road 100m south of roundabout at Andrews Road

·    VMS 2 Castlereagh Road 150m north of roundabout at Andrews Road

·    VMS 3 Andrews Road 150m east of roundabout at Castlereagh Road

·    VMS 4 Old Castlereagh Road at Gate C directing patrons to parking.

 

If emergency access is required during the event, emergency vehicles will be directed to McCarthys Lane and through Gate E.  This access will be marshalled during the event to ensure access is maintained.

 

The organisers of the event have advised that there are a number of key agencies that have been involved in the planning of this event, including Q Dance Australia, SIRC, NSW Police, Railcorp, Roads and Traffic Authority, Bus New South Wales, E-Group Security, Ministry of Transport, and Ticketek.

 

 

 

 

RECOMMENDED

That:

 

1.     Subject to the Class 3 event obtaining appropriate approval, the Transport Management Plan for the event be endorsed.

2.     The organisers submit a final Traffic Management Plan (TMP) to Council, the RTA and Police for information, a minimum of six weeks prior to the event being held.

3.     The organisers obtain separate Police approval.

4.     The organisers follow Police directions.

5.     The event organisers be advised of Council’s resolution.

 

GB 2          Second Avenue & Derby Street, Kingswood – Proposed Bus Stop and Bus Zone Locations  (Raised Comfort Delgro Cabcharge-Westbus)                                                         

Council has received representations from Comfort Delgro Cabcharge-Westbus, requesting the approval of Bus Stop and Bus Zone locations on Second Avenue and Derby Street, Kingswood.  The request is in response to the recommendations that were made by Dr Andrew Refshauge in October 2007, on behalf of the Ministry of Transport (MoT), recommending that a regular route service should be provided to the Werrington Enterprise Living and Learning (WELL) Precinct.  Dr Refshauge’s recommendation was as follows:

 

“It is recommended that regular services to the WELL Precinct be provided with a

10 minute frequency between 7am and 10pm Monday to Friday.”

 

Westbus have advised that this new bus service is part of the State Government’s “Growth Buses” program, whereby new buses are either added to existing routes to increase frequency, or used to start new routes to cater for existing demand without the requirement of a Regional network review.

 

The proposed route (774) will consist of a high frequency bus service that runs from Penrith Railway Station to St Marys Railway Station at 10-15 minute intervals, seven days per week.  The route will include buses travelling in eastern and western directions and will service the Nepean Hospital, University of Western Sydney and Kingswood TAFE via Derby Street and Second Avenue.  The exact start and finish times of the services have not been finalised, however it has been advised that the Monday to Friday service may begin before 6am and run until after 11pm, with the weekend service running similarly, although with slightly shorter hours.

 

Westbus representative, Mr Ron Watson, has provided the following advice to Council in relation to the intensification of the route services.

 

“Derby St between Parker St and Bringelly Road is currently used by Route 789 already however this is an infrequent route. As a courtesy I am notifying Council of the change in use to a full time Route service (7 Days) for this section of Derby St.

 

Second Avenue between Bringelly Rd & Manning St is currently used by school services, however approval was granted for a full time route 780 service in 2001. This service was discontinued some years ago, but I am not aware that the approval has ever been rescinded. To this end, I am notifying Council as a courtesy for it’s information/consideration.”

 

Furthermore as a result of the higher bus service frequency, the Westbus representative has requested new bus stops in Derby St Kingswood.  Site investigations were conducted by Council and Westbus to determine the locations for Bus Stop and Bus Zone positions on Second Avenue and Derby Street, Kingswood.  Six locations were identified and validated for suitability according to the following principles:  noise, lighting, availability of on-street parking, lane widths, driveway locations and bus characteristics.  A description of each location has been provided below.

 

1.  Reserve between 10 and 14 Second Avenue (between First Street and Jones Street), Kingswood (travelling west) – Bus Stop

 

Currently, a Bus Stop is located at 16 Second Avenue, however this Bus Stop has not been used for a number of years.  Its location was not considered appropriate due to the adverse effects it will have on residents and sight distances for vehicles exiting Jones Street onto Second Avenue .

 

The preferred location lies outside a current laneway that was designated as a road by Council in 1968 (DP 235255), however has never been formalised.  The laneway currently consists of bollards spanning across a 15m width preventing any vehicle access through the laneway.

 

This was selected as a preferred location due to the availability of a 3.1m wide parking and bicycle lane.  In addition, a minimised impact on residents is expected due to a reduced noise level and the preservation of current on-street parking.

 

Community Consultation:

 

With the proposed location not directly affecting a residential property, community consultation is not required, however notification of the Bus Stop relocation to house numbers 10 and 14 has been advised.  When notified, the resident at number 14 Second Avenue commented that since people and especially kids cross the road at the reserve next to his house (and one was hit by a car recently), he feels that this is not a good place for a Bus Stop.  He feels that further to the east past number 16 would be more appropriate.

 

The Westbus representative argued that near number12 gives better access to First, Paskin, and Jones Streets, and that if people are already crossing there then having the area free of parked vehicles should be of benefit for sight distance when crossing the road at that point.

 

2. Opposite 8 Second Avenue (between Paskin Street and First Street), Kingswood (travelling east) – Bus Stop

 

This location lies outside a reserve owned by Council and will not have any impact on residential properties.  The 3.1m wide by 70m long parking and bicycle lane provides more than adequate space for the bus to stop along the kerb.  Directly opposite property number 8 is the midpoint between Paskin Street and First Street, thus ensuring that maximum sight distances are achieved for vehicles turning into Second Avenue.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would further be achieved.

 

3. Between 2 and 4 Derby Street (between Bringelly Road and Somerset Street), Kingswood (travelling west) –Bus Stop

 

This location lies outside a reserve owned by Council and will not have any impact on residential properties.  The 3.1m wide parking and bicycle lane provides satisfactory space for the bus to stop along the kerb.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would be achieved.

 

4. Outside 1A and 1B Derby Street (between Bringelly Road and Hargrave Street), Kingswood (travelling east) – Bus Stop

 

This location is situated directly between two independent unit blocks.  It contains a 3.1m wide parking and bicycle lane that will provide sufficient space for the bus to stop along the kerb.  There are two residential units that may be affected by the location of the Bus Stop.  Consultation was conducted on 1 July 2009, by means of letterbox drop, notifying residents at 26/1B, 41/1B and 18/1A Derby Street of the proposal, with any resident feedback being documented and considered.  Currently there is a street tree located outside property 1B that may have an adverse affect on the manoeuvrability of the bus on approach to the Bus Stop.  The Westbus representative has advised that the appropriate tree trimming will be conducted prior to any bus route commencement.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would further be achieved.

 

5. Outside 28 and 30 Derby Street (between Bringelly Road and Somerset Street), Kingswood (travelling west) – Bus Zone

 

This location is situated closer to the hospital grounds where on-street parking and residential properties are of concern.  The location outside properties 28 and 30 Derby Street was considered as the most appropriate as the distance between driveways provided a 21m length and 3.1m wide parking and bicycle lane.  In addition, the houses on these properties are setback from the road producing a reduced sound effect on the residents.  Currently there is a street tree located outside property 30 that may have an adverse affect on the manoeuvrability of the bus on approach to the Bus Stop.  The Westbus representative has advised that appropriate tree trimming will be conducted prior to any bus route commencement.  With the installation of a Bus Zone, three on-street parking spaces will be lost.

 

Community Consultation:

 

Westbus have conducted consultations with the residents of both properties where positive feedback was received in regards to the bus service and the loss of on-street parking directly outside their property.

 

6. Outside 25-27 Derby Street (between Hargrave Street and Somerset Street), Kingswood (travelling east) – Bus Zone

 

This location is situated closer to the hospital grounds where on-street parking and residential properties are of concern.  The location outside 27 Derby Street was considered as the most appropriate as the distance between driveways provided a 13m length and 3.1m wide parking and bicycle lane.  A total of 22m in length is achieved with the inclusion of both driveways providing sufficient space for the bus to manoeuvre and stop along the kerb.  With the installation of a Bus Zone, two on-street parking spaces will be lost.  Sufficient lighting is achieved at this location with a light situated on a telegraph pole outside property number 25‑27.

 

Community Consultation:

 

The residents at properties 25-27, 29 and 31 were all advised of the proposed bus route by means of letterbox drop on 25 June 2009, with no feedback received from these residents. 

It is recommended that the Bus Stops and Bus Zones as listed above be approved, subject to further community feedback and consultation.

 

RECOMMENDED

That:

1.   The information in the report Second Avenue & Derby Street, Kingswood – Proposed Bus Stop and Bus Zone Locations be received.

2.   Subject to no substantial objection being received by residents during the minimum two week notification period, the Bus Stop and Bus Zone locations, as follows, be approved:

a)   Outside reserve between 10 and 14 Second Avenue (between First Street and Jones Street), Kingswood (southern side) – Bus Stop

b)   Opposite 8 Second Avenue (between Paskin Street and First Street), Kingswood (northern side) – Bus Stop

c)   Between 2 and 4 Derby Street (between Bringelly Road and Somerset Street), Kingswood (southern side) –Bus Stop

d)   Outside 1A and 1B Derby Street (between Bringelly Road and Hargrave Street), Kingswood (northern side) – Bus Stop

e)   Outside 28 and 30 Derby Street (between Bringelly Road and Somerset Street), Kingswood (southern side) – Bus Zone

f)    Outside 25-27 Derby Street (between Hargrave Street and Somerset Street), Kingswood (northern side) – Bus Zone

3.   Westbus be requested to provide Council with a list of required tree trimming locations prior to the installation of the new Bus Stops/Zones.

4.   The affected residents and Nepean Hospital be advised of Council’s resolution.

 

GB 3          High & Riley Streets, Penrith - Proposed “Penrith Carer Car Project” Parade on 22 August, 2009  (Raised Council)

Council has received a request from the Sacred Church of Holy Spirit for approval to hold a fund raising parade on Saturday 22 August, 2009 between 12 noon and 12.30pm.  The aim of the parade is to raise awareness of, and funds for the “Penrith Carer Car Project”.  The “Penrith Carer Car” is an imported vehicle especially designed to assist carers with incapacitated and/or wheelchair bound people in their transportation needs.   The “Penrith Carer Car” will be available to the community for use through the Sacred Church of Holy Spirit and would be the first community-operated vehicle of its kind in Australia.

 

 

The route of the parade would commence from Woodriff Gardens (gathering at 11.50am) and proceed to High Street at 12.00noon, turn left into High Street, right into Riley Street, cross Henry Street and complete the parade in Riley Street (northern) by 12.30pm, where vehicles and participants will disband.

 

The organisers have advised that the parade will have five “Carer Car” display vehicles and 20-30 wheelchair participants.

 

The organisers have indicated that the intersection of Henry and Riley Streets would be temporarily closed to vehicular traffic (emergency vehicles and buses would have right of way).  The Police have been advised of the parade and will be located at other intersections along the route to ensure all cross streets are controlled.  The small nature of the parade would cause little or no disruption to traffic.

 

Under the Roads and Traffic Authority’s Guidelines for Special Events Version 3.4 August 2006, this type of event is considered a Class 2 Event, and the applicant would be required to submit a Traffic Management Plan (TMP) to Council and advertise the traffic aspects of the event to the community, prior to the event being held.

 

It is recommended that the event be approved, subject to conditions.

RECOMMENDED

That:

1.   The route of the event, as proposed, be approved.

2.   The organisers submit a Traffic Management Plan (TMP) to Council and Police and the Roads and Traffic Authority for approval a minimum of six weeks prior to the event.

3.   The organisers be requested to advertise the proposed parade in the local papers and to affected shopkeepers at least one week prior to the event.

4.   The organisers contact Westbus regarding the weekend bus services.

5.   The organisers obtain separate Police approval and submit a Schedule 1 form to Police.

6.   The organisers follow Police directions.

7.   The organisers notify Emergency Services of the event.

8.   The organisers provide marshals where required.

9.   The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

10. The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

11. All documentation required by these conditions be submitted to Council for information purposes at least one week prior to the event.

12. The event organisers be advised of Council’s resolution.

 

 

GB 4          Star Court/The Northern Road, Cambridge Gardens – Traffic Safety at Intersection  (Raised Council)                                                                                                                          

Council’s Senior Traffic Engineer raised concerns regarding the number of accidents occurring at the intersection of Star Court and The Northern Road, Cambridge Gardens.

LTC Comment

The Roads and Traffic Authority representative advised that the Authority is currently investigating traffic safety at this intersection and the results will be sent to Council once they have finalised potential concepts.

RECOMMENDED

That Council note the information.

 

There being no further business the Chairperson declared the meeting closed, the time being 11:30am.

 

 

 

RECOMMENDATION

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

 

 

 


Ordinary Meeting

20 July 2009

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 13 July, 2009

 

 

 

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 - Policy Review Committee Meeting - 15 June 2009

The minutes of the Policy Review Committee Meeting of 15 June 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 

His Worship the Mayor, Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as he and/or his family own property in the area’s covered by the report. His Worship the Mayor, Councillor Jim Aitken OAM stated he would leave the meeting and take no part during discussion on the item.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as he is the Director of, Accountant for, Auditor of or owns property in the area’s covered by the report. Councillor Ross Fowler OAM stated he would leave the meeting and take no part during discussion on the item.

 

Councillor Kaylene Allison declared a Pecuniary Interest in Chapters 1,2 & 3 in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as she has a close relative who owns property in an area covered by the report. Councillor Kaylene Allison stated she would leave the meeting and take no part during discussion on those Chapters.

 

Councillor Kevin Crameri OAM declared a Pecuniary Interest in Chapters 1,2 & 3 in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as he owns property in an area covered by the report. Councillor Kevin Crameri OAM stated he would leave the meeting and take no part during discussion on those Chapters.

 

 

 

Councillor Ben Goldfinch declared a Pecuniary Interest in Chapters 1,2,3 & 4 in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as he has relatives who own property in the area’s covered by the report. Councillor Ben Goldfinch stated he would leave the meeting and take no part during discussion on those Chapters.

 

Councillor Jackie Greenow declared a Pecuniary Interest in Chapter 5 in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as she owns two properties which are proposed to be heritage listed. Councillor Jackie Greenow stated she would leave the meeting and take no part during discussion on that Chapter.

 

Councillor Marko Malkoc declared a Pecuniary Interest in Chapters 1,2 & 3 in Item 1 - Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as his Uncle owns property in an area covered by the report. Councillor Marko Malkoc stated he would leave the meeting and take no part during discussion on those Chapters.

 

Councillor Mark Davies left the meeting, the time being 7:39pm.

Councillor Mark Davies returned to the meeting, the time being 7:40pm

His Worship the Mayor, Councillor Jim Aitken OAM called for nominations from Councillors to Chair the remaining of the Policy Review Committee meeting.

 

RECOMMENDED that Councillor John Thain be nominated as Chair.

 

 

Having previously declared a Pecuniary Interest in Item 1 – Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage, His Worship the Mayor, Councillor Jim Aitken OAM left the meeting, the time being 7:43pm and did not return.

 

Councillor John Thain then took the Chair for consideration of Item 1, the time being 7:43pm

 

SUSPENSION OF STANDING ORDERS

RECOMMENDED that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40pm.

 

 

All speakers, spoke in reference to Item 1 – Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage

 

Mr Trevor Robey

 

Mr Trevor Robey, interested citizen spoke in support of the recommendations and commended Council Officers for their diligence and commitment to the detail within the LEP and their professional attitude in addressing the many submissions made. Mr Robey also asked if Council could propose to the State Government that it purchase the Land comprising the Northern end of the Western slope of the Escarpment for inclusion in Knapsack Park.

 

Mr Raymond Madden

 

Mr Raymond Madden, a landowner, representing other landowners from Spinks, Doak and Dodford Roads, Llandilo spoke partly in support of the recommendation which states that Council should have further discussions with land owners to determine whether an alternative zone may be appropriate. Mr Madden is concerned that if Council leaves the RU4 zone to these areas without change at this time, that it leaves the land owners sitting in a stage of uncertainty. Mr Madden requests that the zoning be appropriately modified at this point in time and not be left to a future group of Council Officers to determine.

 

Ms Julie Horder

 

Ms Julie Horder, a town planner for an affected owner, spoke against the recommendation raising concerns with the proposed rezoning of the site to E4 Environmental Living as it will prohibit the development of seniors housing which is currently permitted. Ms Horder stated that Negl Developments Pty Ltd the owners of the property are currently preparing a Development Application for the use of the site as seniors housing and that a Site Compatibility Certificate was obtained from the Director General from the Department of Planning.

 

An extension of time was granted to Ms Julie Horder, the time being 7:56 pm.

 

 

Ms Horder continued stating that this Certificate indicated that the site was suitable for more intensive development and that the proposed seniors housing development was compatible with the surrounding environment. Ms Horder requested that the site be excluded from Stage 1 of the Draft LEP 2008 to allow a proper review of the appropriateness of the proposed zoning

 

Mr Robert Symington

 

Mr Robert Symington, an affected person spoke on behalf of WSN Environmental Solutions against the recommendation. Mr Symington wanted to draw Council’s attention to what he believes are inconsistencies between the SEPP (Infrastructure) 2007 and the Draft LEP 2008 in terms of environmental monitoring and resource recovery facility definitions.

 

Mr Michael Zuleni

 

Mr Michael Zuleni, interested citizen spoke against the recommendation at this stage and requested the decision be deferred for action at a later date, as he believes there was not  sufficient notice for him to be able to fully respond to the information.

 

Mr Joseph Borg

 

Mr Joseph Borg, an applicant spoke against the recommendation and his concerns with lot sizes. Mr Borg believes if owners are not permitted to pursue agriculture activities they should be allowed to subdivide their land.

 

Mr Patrick Kasso

 

Mr Patrick Kasso, an applicant spoke against the recommendation believing the proposal raised in the submission to subdivide the property into smaller rural residential lots presents a window of opportunity to recognise the changing character of the surrounding land use to the subject site. Mr Kasso requested the Policy Review Committee reconsider their submission and grant approval to change the minimum lot size from 2 hectares to 4000m2 lot rural subdivision use.

 

Mr Tong Agostino

 

Mr Tony Agostino, a landowner spoke in support of the recommendation. Mr Agostino supports Council’s decision and agrees with the Council Officer’s direction to consult with the Department of Planning. Mr Agostino claimed the site has been an ongoing issue for many years, and most objectors have failed to move with the times.

 

Mr Robert Montgomery

 

Mr Robert Montogmery, spokesperson for landowner, spoke in support of the recommendation claiming the current restriction on floor space for this site is outdated and the Draft LEP corrects this. Mr Montgomery further stated that there have been many court proceedings regarding this property and the Draft LEP 2008 presents a good opportunity to resolve this issue once and for all. Mr Montgomery requested that the owners should be given an ongoing opportunity to be involved further in discussions with Council staff and the Department of Planning.

 

Mr Kon Krebs

 

Mr Kon Krebs, a landowner spoke against the recommendation and stated there needs to be a fair balance between the needs for a biodiversity corridor and the needs of the people who own the land. Mr Krebs felt that the ESL hatching on his property is excessive taking up around 50% of his property. Mr Krebs requested that the biodiversity corridor line be amended to be fairer, or removed from the LEP prior to the hatching being incorporated into the DCP.

 

Mr Robert Power

 

Mr Robert Power, an applicant’s spokesperson spoke against the recommendation and submitted that the proposed RU2 zoning and the Scene and Landscape Values controls, as reflected in Clause 6.5 of the Draft LEP 2008 be deferred until the outcome of the State Government/Department of Planning Studies and Investigations of the WSELIA are completed and a decision has been made by the State Government..

 

Mr Bob Meyer

 

Mr Bob Meyer, an applicant spoke against the recommendation for Zone E4 Environmental Living to be placed on his client’s property. Mr Meyer stated that this zoning will cause considerable hardship for his clients as it is currently used for radiate pine plantation tree farming, cattle grazing and irrigated crops, this proposed zoning will prohibit that. Mr Meyer requested these uses be allowed to continue.

 

Mr Andrew Wiesener

 

Mr Andrew Wiesener, an applicant spoke against the recommendation and discussed increasing lot sizes in the Twin Creeks area and increasing the uses permissible in Schedule 1 of the draft LEP.

 

An extension of time was granted to Mr Andrew Wiesener, the time being 8:33pm.

 

 

Councillor Prue Guillaume left the meeting, the time being 8.36pm.

 

Mr Mark Tooker

 

Mr Mark Tooker, spokesperson for the landowner, spoke against the recommendation and particularly focussed on the flood constraints. Mr Tooker explained the flood assessment work being undertaking and that the Department of Water and Energy has given it’s in principle agreement to the proposed development concept. Mr Tooker suggested maintaining the zoning as proposed in the draft LEP until the flood modelling and assessment is completed.

 

Councillor Prue Guillaume returned to the meeting, the time being 8.40pm

 

Mr Paul Sims

 

Mr Paul Sims, affected person spoke against the recommendation stating there are issues regarding flood information proposed in the LEP, that the mapping proposed to be adopted remains generic and fails to address the true nature of impacts noted in his submission. Mr Sims also spoke about the need for further consultation in relation to the E2 zone and minimum lot sizes.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8.42pm

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8.43pm.

 

Mr Rocco Fabiano

 

Mr Rocco Fabiano, affected person spoke against the recommendation as he does not believe the population of Llandilo has increased significantly to justify having two general stores within close proximity of each other. He also stated that the density of Llandilo has not changed enough to justify a change in the existing planning controls.

 

Mr Chris Young

 

Mr Chris Young, town planner to owner and applicant spoke against the recommendation requesting Council to list in Schedule 1 of the draft LEP, uses for Sales and Service of Tools and Machinery. Mr Young claims there are similar uses adjoining the area already operating.

 

 

 

Mr Reg Cammack

 

Mr Reg Cammack, affected person spoke on behalf of his father and himself against the recommendation. Mr Cammack raised concerns about whether both he and his father’s property should be listed as a heritage item as they have had significant modifications made and in some cases structural damage. Mr Cammack questioned the use of local significance/personalities being used to heritage list properties and the huge financial burden that will come with this to owners. Mr Cammack concluded by requesting if Council is going to place these restrictions on properties compensation should be offered.

 

Councillor Jackie Greenow left the meeting, the time being 9.04pm.

 

Mr Scott Greenow

 

Mr Scott Greenow, affected person spoke against the recommendation claiming that more information is needed and that generally listing properties as heritage affects private owners negatively, particularly financially.

 

An extension of time was granted to Mr Scott Greenow, the time being 9:09pm.

 

 

Furthermore Mr Greenow stated that other restrictions come with Heritage listing such as use limitations, increased maintenance and insurance costs. Mr Greenow also stated that the condition of his mother’s home does not warrant heritage listing as it is dilapidated and in major need of repair.

 

Councillor Jackie Greenow returned to the meeting, the time being 9.21pm.

 

Rev. David Clarke

 

Rev David Clarke, applicant and spokesperson of St Mary Magdalene Anglican Church spoke against the recommendation. Rev Clarke pointed out substantial difficulties that will be encountered by the Church should Council pursue a State Heritage Listing for the Church.

 

An extension of time was granted to Rev David Clarke, the time being 9:23pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9.28 pm.

 

Rev Clarke stated that the whole Church had been proposed for heritage listing including surrounding buildings and believed this and other decisions were based on errors, and such a heritage listing puts the Church under pressure to remain open.

 

Mr Vince Hardy

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9.32pm.

 

Mr Vince Hardy, owner’s spokesperson and town planner spoke against the recommendation in relation to a number of issues including rezoning of industrial sites, permissible land uses such as bulky goods to remain and not rezoned as the activity already exists and would be prohibited under new zoning proposals.

 

An extension of time was granted to Mr Vince Hardy the time being 9:36pm.

 

 

Mr Hardy concluded by raising concerns about lot sizes and the limiting of agricultural potential and also spoke of 2 attached dwellings in Emu Heights which he believed should be able to have a Torrens title subdivision.

 

Mr Stephen Bowers

 

Mr Stephen Bowers, owner’s spokesperson spoke against the recommendation and stated that the lot sizes for the area are inappropriate considering the current sites surrounding.

 

An extension of time was granted to Mr Stephen Bowers the time being 9:49pm.

 

 

Mr Bowers concluded by saying that if the subdivision was allowed each block would still be larger then those adjoining and he requested Council defer their decision at this time.

 

Mr Neil Ingham

 

Mr Neil Ingham, applicant and owner’s town planner spoke against the recommendation concerning a number of issues stating that Council was going to prepare and exhibit an amendment to Sydney REP 25 – Orchard Hills and that this has not occurred. Mr Ingham requested that minimum lot size remains for this site.

 

In respect of St Thomas Anglican Church, Mulgoa, Mr Ingham also claimed that the current recommendation is contrary to views of heritage experts and that he believes the whole site should be heritage listed and consolidated.

 

Councillor Marko Malkoc left the meeting, the time being 9.52pm.

 

Councillor Greg Davies left the meeting, the time being 9.53pm.

 

Councillor Greg Davies returned to the meeting, the time being 9.55pm.

 

Councillor Greg Davies left the meeting, the time being 9.56pm.

 

An extension of time was granted to Mr Neil Ingham the time being 9:58pm.

 

 

Councillor Marko Malkoc returned to the meeting, the time being 9.58pm.

 

Councillor Greg Davies returned to the meeting, the time being 9.59pm.

 

Mr Ingham concluded by requesting Council in line with heritage expert’s advice include St Thomas Anglican Church, Mulgoa as a heritage item within the draft LEP.

 

Ms Mary Vella

 

Councillor Mark Davies left the meeting, the time being 10.07pm.

 

Ms Mary Vella, an affected resident spoke against the recommendation and raised concerns that the zoning in the Draft LEP will place unfair limitations on residents in the area.

 

An extension of time was granted to Ms Mary Vella, the time being 10:11pm.

 

 

Ms Vella also stated that residents were not given enough time to respond to the information provided.

 

Mr Gregory Allchin

 

Councillor Mark Davies returned to the meeting, the time being 10.16pm.

 

Mr Gregory Allchin, affected person spoke against the recommendation and stated that the zoning proposed for two areas in Castlereagh Cranebrook area are not appropriate. Mr Allchin requested Councillors to not adopt the recommendation and recognise Council’s own vision for Penrith in relation to rural values.

 

 

RESUMPTION OF STANDING ORDERS

RECOMMENDED that Standing Orders be resumed, the time being 10:22pm.

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage.

 

Having previously declared Pecuniary Interests in the Report, Councillors Ross Fowler OAM, Kaylene Allison, Kevin Crameri OAM, Ben Goldfinch, Jackie Greenow and Marko Malkoc left the meeting at 10.24pm and did not return.

 

The Chairperson, Councillor John Thain adjourned the meeting for a 10 minute period, the time being 10:24pm, with the following being present:

 

Councillors John Thain, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies,  Prue Guillaume, Karen McKeown and Kath Presdee.

 

The meeting resumed, the time being 10.37pm, with the following being present:

 

Councillors John Thain, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies,  Prue Guillaume, Karen McKeown and Kath Presdee.

 

RECOMMENDED

That:

1.     The matter be deferred to a future Policy Review Committee meeting.

2.     Those persons who addressed the Council or contacted the Council when advised that the matter was to be considered at this evening’s meeting be notified of its deferral.

3.     Council officers be authorised to discuss the proposed recommendations in the Discussion Paper with those who made submissions.

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

 

For

Against

Councillor Robert Ardill

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:43pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 July, 2009 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        Audit Committee

 

2        Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

 

3        Summary of Investments for the period 1 June 2009 to 30 June 2009

 

4        Parks and Leisure Association Annual National Conference

 

A City of Opportunities

 

5        Support Services for Men in the Penrith LGA

 

6        Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009

 

7        Fair Trade 

 

A Green City

 

8        Development application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay. Applicant: David Williams;  Owner: David and Laura Williams DA09/0323

 

A Liveable City

 

9        Tender Number 11-08/09 Construction of Gross Pollutant Trap - Mamre Road

 

10      Belar Place and Carinya Avenue Carpark, St Marys

 

11      Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval Practice Wickets

  

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                       Page

 

1        Audit Committee

 

2        Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

 

3        Summary of Investments for the period 1 June 2009 to 30 June 2009

 

4        Parks and Leisure Association Annual National Conference

 

 



Ordinary Meeting

20 July 2009

A Leading City

 

 

 

1

Audit Committee   

 

Compiled by:                Peter Browne, Internal Auditor

Authorised by:             Stephen Britten, Group Manager - Legal & Governance  

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: Our decisions are based on research, evidence, and our responsibility to anticipate harm before it occurs

     

 

Executive Summary

The report provides information on the 3 June 2009 meeting of the Council’s Audit Committee and recommends that the information be received.

Background

The Audit Committee is comprised of three Councillors and three Independent members appointed by Council to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council three times, the most recent being 4 May 2009.

 

The NSW Department of Local Government’s Internal Audit Guidelines (issued 14 October 2008) provide that:

 

An audit committee plays a pivotal role in the governance framework. It provides councils with independent oversight and assistance in the areas of risk, control, compliance and financial reporting.

Current Situation

The Audit Committee met on 3 June 2009 and adopted the draft minutes of the prior meeting (as provided to Council on 4 May 2009) without alteration.  Details of the Audit Committee’s activities were reported to the Policy Review Committee of 15 June 2009 in a presentation by the Committee Chair, Emeritus Professor Robert Coombes. 

 

In order to comply with the Committee’s Charter, the draft minutes of the Audit Committee meeting of 3 June 2009 are appended to tonight’s Business Paper for the information of Councillors.

 

 

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

 

 

ATTACHMENTS/APPENDICES

1. View

Minutes of Audit Committee Meeting

3 Pages

Appendix

  


Ordinary Meeting

20 July 2009

Appendix 1 - Minutes of Audit Committee Meeting

 

 

 

UNCONFIRMED MINUTES

 OF THE AUDIT COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON WEDNESDAY 3 JUNE 2009 AT 8:10AM

PRESENT

Robert Coombes (Chair), His Worship the Mayor Councillor Jim Aitken OAM, Councillors Ross Fowler OAM and Kath Presdee; Frank Gelonesi and Jayant Gulwadi.

 

 

Alan Stoneham (General Manager), Peter Browne (Internal Auditor),

Barry Husking (Director), Stephen Britten (Group Manager Governance), Vicki O’Kelly (Group Manager Finance), and

Dennis Banicevic (External Auditor - PricewaterhouseCoopers).

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Audit Committee Meeting - 11 March 2009

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that the minutes of the Audit Committee Meeting of 11 March 2009 be confirmed.

 

 

DECLARATIONS OF INTEREST

Nil

 

 

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        Internal Ombudsman                                                          

Stephen Britten advised the Committee of Council’s arrangements for public access to documents and handling of complaints.  The report was called for in response to the Committee’s consideration of what went wrong at Wollongong, and if there was anything that we can learn from that. Council has appropriate structures for review of complaints, however if individuals want fully independent reviews they can refer to state government agencies such as the Ombudsman’s Office or the Department of Local Government.  It is not seen as efficient for Council to attempt to duplicate these fully independent review structures and it is doubtful the general public would see such an officer as fully independent.

 

Council has appointed a Public Officer and this position provides a point of contact for complaints and very few issues cannot be resolved here.  Legal and Governance are able to provide investigative assistance when required.  It was noted that the Department of Local Government’s Health Check does not discuss this matter, indicating they do not see it as important.  There have not been calls for an Independent Ombudsman at Penrith and Penrith’s situation is different to that of Wollongong.

 

The Committee concluded that the current arrangements were not in need of change, but suggested the review processes and the role of the Public Officer should be publicised more than presently occurs.

 

Resolved on the motion of His Worship the Mayor Councillor Jim Aitken OAM seconded Frank Gelonesi that the information contained in the report on Internal Ombudsman be received.

 

 

2        Internal Audit Program 

Changes to the 2009/10 Internal Audit Program were recommended in order to increase the “value add” of Internal Audit.  The resources currently available to Internal Audit were noted and the need to monitor progress discussed.  The Committee requested that a progress report on each audit be tabled at every meeting.  If the program is to be achieved some of the items will need to be outsourced.

 

It was noted that other Councils are doing work on Business Continuity at present and it may be possible to gain some advantage or insight on this issue by discussing it with them.

 

The revised 2009/10 Internal Audit Program should be:

• Completion of 2008/09 program

• Payables

• Information Technology

• Management of Major Projects

• Records

• Business Continuity

• Registers and Delegations

• Complaints and Regulatory enforcement

• DRIVES

• Plant & Fleet

• Ripples Aquatic Centre

• Penrith Pool

but should also be monitored and amended (by the Audit Committee) as necessary.

 

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that:

1        The information contained in the report on Internal Audit Program be received.

2        The 2009/10 Internal Audit Program be updated as proposed in this report.

 

 

3        Audit Committee Standing Items            

The status of Internal Audit was advised by Peter Browne. 

 

The audit into Development Approvals and Construction Certificates had been outsourced to the NSW Government’s Internal Auditing bureau, IAB Services.  The review concluded that the operation was satisfactory but made some recommendations for improvements.  The Business Paper included details of the recommended improvements and Councils intended actions for each item.  The Committee noted that the suggestions were relatively minor indicating a good outcome was being achieved.  The Committee requested additional information in regard to the matters where no change had been recommended.  The executive summary will be provided to members.  Members who want additional information will be provided with a copy of the full report.

 

As well as increasing the detail in the Business Paper Report of completed audits, the Committee discussed how progress reports on recommendations from audits are brought back.  Current practice is to report back when significant progress has been achieved.  The Committee determined regular updates on the implementation of recommendations should be included in the Business Paper. 

 

A report on Risk Management had been requested by the Committee and is planned to be presented to the next meeting.

 

 

 

Resolved on the motion of Councillor Kath Presdee seconded Jayant Gulwadi that the information contained in the report on Audit Committee Standing Items be received

 

 

 

GENERAL BUSINESS

 

        Audit Committee Annual Report                

The annual report is planned for Councils Policy Review meeting of 15 June 2009.  The committee briefly discussed what items might be emphasised in the report.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:35am

 

 


Ordinary Meeting

20 July 2009

A Leading City

 

 

 

2

Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council   

 

Compiled by:                Bob Anderson, Property Officer - Valuation

Authorised by:             Brian Griffiths, Property Development Manager

Vicki O’Kelly, Group Manager - Finance   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

     

 

Executive Summary

To obtain Council’s concurrence to the granting of an Easement to Drain Water over Council’s Open Space land in favour of Lots 217/218 DP 13531 at No. 27 Eton Road, Cambridge Park together with the payment of compensation.  The report recommends that Council grant the easement to drain water over its land in favour of Lots 217/218 DP 13531 at No. 27 Eton Road, Cambridge Park.

Background

Council is the owner of Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park which is Open Space that contains drainage channels and is shown on the attached plan.

 

Council has existing pipes and easements through adjacent residential properties that drain into the open channels on Council’s Lot 38.

 

Current Situation

The applicant has a development application to construct a multi-unit development comprising six (6) units upon Lots 217/218 DP 13531 at No. 27 Eton Road, Cambridge Park.

 

As part of the development, there is a need to drain water from No. 27 Eton Road, to the existing drainage channel within Council’s land at Lot 38 DP 607665, as indicated on the attached plan.

 

An existing 750mm pipe within Lot 220 DP 13531, No. 23 Eton Road currently discharges at the boundary into an open drain within Council’s land.  This drain and the main channel have resulted in an area at the rear of six (6) properties being isolated and unable to be accessed for regular maintenance.

 

It is proposed that the 750mm pipe be extended by a minimum distance of 4.8 metres (two pipe lengths) and covered to enable access for maintenance to the area behind No. 27 and adjoining properties.  Drainage from No. 27 Eton Road is to be provided by a minimum 375mm pipe adjacent to the rear of the properties to connect with the extended 750mm pipe.  The 375mm pipe will provide sufficient capacity to accommodate drainage from the adjoining properties if they are developed in the future, subject to consent from Council with appropriate compensation.

 

All costs of the drainage works are to be the responsibility of the developer.  Taking into consideration an estimated cost of $6,000 to extend Council’s 750mm pipe for a distance of 4.8 metres, compensation payable to Council in the amount of $4,000 plus GST, has been assessed and agreed to by the applicant which represents the benefit of the right to drain into the drainage system and easement upon Council’s land.  The applicant is also responsible for all survey, legal and registration costs.

 

The effect of the easement will not reduce the value of the existing parcel in Council’s ownership nor adversely affect the future use of the land as Public Reserve.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council be received.

2.     Council grant an easement to drain water over Open Space land on Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park to benefit Lots 217/218 DP 13531, No. 27 Eton Road, Cambridge Park.

3.     Payment of compensation by the applicant to Council in the amount of $4,000 be required for the grant of the easement over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.

4.     The applicant be responsible for all drainage costs including the extension of Council’s 750mm pipe by a minimum distance of 4.8 metres at the rear of No 23 Eton Road.

5.     The applicant be responsible for all survey, legal and registration costs associated with the creation of the easement.

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

 

ATTACHMENTS/APPENDICES

1. View

Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Gardens.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

1 Page

Appendix

  


Ordinary Meeting

20 July 2009

Appendix 1 - Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Gardens.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

 

 

 

 

 


Ordinary Meeting

20 July 2009

A Leading City

 

 

 

3

Summary of Investments for the period 1 June 2009 to 30 June 2009   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability

     

 

Executive Summary

To provide a summary of investments for the period 1 June 2009 to 30 June 2009, a Reconciliation of Invested Funds at 30 June 2009 and Agency Collection Fees as at 30 June 2009.  The report recommends that the information contained in the report be received.

 

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 June 2009.

 

Vicki O’Kelly

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

1.   The information contained in the report on Summary of Investments for the period 1 June 2009 to 30 June 2009 be received.

2.   The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 June 2009 to 30 June 2009 be noted and accepted.

3.   The graphical investment analysis as at 30 June 2009 be noted.

4.   The Agency Collection Methods as at 30 June 2009 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

2. View

Agency Collection Methods

1 Page

Appendix

  


Ordinary Meeting

20 July 2009

Appendix 1 - Summary of Investments

 

 

 




 


Ordinary Meeting

20 July 2009

Appendix 2 - Agency Collection Methods

 

 

 

 

 

 

The following is an update of the methods to make payments to Council through various agencies.

 

 

 


Ordinary Meeting

20 July 2009

A Leading City

 

 

 

4

Parks and Leisure Association Annual National Conference   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager   

Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future

Strategic Direction: We work together to grow Penrith as a Regional City

     

 

Executive Summary

The 11th Parks and Leisure Association (PLA) Annual National Conference is being held between 13– 16 September 2009 at Holiday Inn Esplanade, Darwin. Themed ‘Making Connections in the Top End’ the Conference, which is the premier industry Conference, will focus on the results of sharing ideas, working together, and learning about successful projects collated from peoples' ideas and work. It will be a chance to see how Darwin and the Northern Territory include all their cultures and develop and maintain their parks, spaces and environment.

 

This report suggests that Council nominates interested and available Councillors to attend the Parks and Leisure Association Annual National Conference. 

 

Background

PLA Annual National Conference

The Conference is attended by parks and leisure industry professionals from a diverse range of sectors including public, commercial and voluntary. Conference delegates have the opportunity to listen to key note speakers, take part in seminar sessions and visit a range of parks and recreation facilities as field studies.

Some of the themes of the topics that will be the focus of workshops, panel sessions, presentations, and technical tours to parks, recreation and municipal facilities in Darwin are:

 

-        A changing climate

-        Diverse communities

-        Changing community expectation

-        Facilities provision

-        Parks and leisure planning and development

-        Forming partnerships with other organisations in and aligned to the industry

 

The diverse and interactive program will be designed to stimulate thinking, showcase best practice, provide ideas and suggest solutions to ensure parks and leisure continue to be responsive to the community and the industry.

 

A Conference program outlining more detail about the subject matter and key note speakers has been provided to Councillors under a separate cover.

 

 

 

Conclusion

The Conference addresses many of the issues confronting recreation facility and parks and leisure provision in Penrith. It is anticipated that attendance at the Conference will:

 

-        Provide insight into innovative research or practice relating to conference themes and

          topics

-        Provide a forum at which delegates can discuss and seek answers to related problems

and issues, or challenge convention

-        Provide lessons which conference delegates can put into practice

-        Illustrate current issues that affect others

-        Provide the opportunity to exchange practice and research learnings

-        Demonstrate to delegates examples of how to break new ground on an old issue

-        Inspire delegates through the presentation of creative and exciting projects, programs

          and ideas

 

It is therefore suggested that Council nominates interested and available Councillors to attend the Parks and Leisure Association Annual National Conference. 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Parks and Leisure Association Annual National Conference be received.

2.     Council nominates interested and available Councillors to attend the Parks and Leisure Association Annual National Conference.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A City of Opportunities

 

Item                                                                                                                                       Page

 

5        Support Services for Men in the Penrith LGA

 

6        Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009

 

7        Fair Trade 

 

 



Ordinary Meeting

20 July 2009

A City of Opportunities

 

 

 

5

Support Services for Men in the Penrith LGA   

 

Compiled by:                Teresa Luk-Leung, Senior Social Planner

Authorised by:             Erich Weller, Community and Cultural Development Manager  

Requested By:             Councillor Greg Davies

Strategic Objective: We have access to what we need

Strategic Direction: Our City’s services and facilities are provided equitably, and can be accessed by those in need

     

 

Executive Summary

The report presents a summary of services available for men in the Penrith LGA.  It further highlights the deficiencies in the provision of services for men which have been identified as a result of consultation with some of the service providers in the area.

 

While the key deficiencies are mainly in relation to funding and resources which are similar to resource deficiencies in other target group service areas, it appears from anecdotal evidence that men are generally less aware of the services that are available.    

 

To increase the awareness of services for men, Council officers will undertake a number of promotional initiatives.  These initiatives include an official launch of Council’s community services directory, issue of a press release, promotion of the services available for men via existing community networks and interagencies, and distribution of information to all electoral offices covering the Penrith LGA.

Background

The Women’s Services Sector Advocacy Strategy and Action Plan was reported to the Policy Review Committee on 16 February 2009 and was subsequently endorsed.  At this meeting there was a request that a report be prepared detailing the availability of support services for men, as well as information outlining the deficiencies in the provision of these services.

Men’s Services in the Penrith LGA

According to the 2006 Census, the male population of Penrith accounted for 49.5% (84,927) to the total Penrith population.  Analysis of the age structure of Penrith City compared to the Sydney Statistical Division showed there was a larger proportion of males in the younger age group (0-24) and a smaller proportion of males in the older age group (60+).  Overall, 38.5% of the male population was aged between 0-24 and 11.9% was aged 60 over, compared with 33.5% and 16.5% respectively for the Sydney Statistical Division.

 

In preparation of this report a number of local community organisations were contacted.  The range of services available for men in Penrith can be categorised as follows:

 

Service Type

Service Description

Target Group

Organisations and Programs

Accommodation Support

Provide accommodation and support services for men

Young male aged 16-19 or 17-25 who are in need of emergency accommodation, life skills training or support due to mental illness or other major life challenges

Nepean Youth Accommodation Service; Richmond Fellowship Young People’s Program; Lemongrove Lodge

 

Counselling and Support

Provide free telephone or face to face counselling

Men of all ages who need individual counselling and support due to personal and family circumstances

Blue Mountain Counselling Service for Men (covering Blue Mountains and Penrith); Lifeline Penrith Regional Service; Nepean Christian Counselling Service

Family and Relationships

Men’s support groups; parenting and anger management courses; reconnecting men with their families

Men of all ages who are experiencing  family relationship breakdown

Dad in Distress; Bridging the Gap St Marys; Kids and Dads Camp (Relationship Australia); Aboriginal Men’s Group (SPYNS); The Meeting Point Men’s Group (St Clair Neighbourhood Centre)

Health

Provision of information , support and medical services; conducting research and projects aimed at enhancing the well being of men

Men who receive treatment for prostate cancer, young male aged 16 and above who suffer from drug and alcohol addictions

Nepean/Blue Mountain Prostate Support Group; the Junction Youth Health Medical Service; The Warehouse Youth Health Centre; Western Sydney Area Health - Centre for Addiction Medicine Detox Unit

Employment and Training

Provision of a range of education, job search, job placement, training assistance; linking apprentices to trade based employment

Young men who have dropped out from school; men above 45 seeking employment

Nepean Interyouth Service; Men at Work (Mount Druitt TAFE); Job Services Australia Providers

Social Networking

Running of social support groups for men to meet, socialise, share skills and experience

Men of all ages

North St Marys Men’s Social Group; Don Bosco Youth and Recreation Centre; Vietnam Veterans Association (St Marys Branch); Rotary, Lions

 

Many of the programs targeting men are funded by the NSW Department of Community Services and Department of Health, and the Federal Department of Families, Housing, Community Services and Indigenous Affairs.  A number of programs also receive funding from local registered clubs.   In addition there are a number of voluntary groups such as Rotary and Lions.

 

Council’s Community Services Directory currently lists over 60 social services or programs available for men.

 

Deficiencies in the Provision of Services for Men

 

A number of community organisations who were contacted by Council regarding the services for men have provided the following feedback:

 

·    There is a lack of awareness of the availability of services for men.

 

·    There is a lack of recurrent funding for some family support programs which has posed some challenges for local service providers in meeting the particular needs of men.

 

·    There is a lack of short term or crisis accommodation for men over 24 years of age in the Penrith LGA.  Men who are in need of such type of accommodation are often referred to accommodation services in the inner City or Parramatta/Granville area.

 

·    There is a lack of anger management and alcohol related programs for young men not in school.

 

·    There is a lack of ante-natal classes and services for young dads.

 

·    The cost charged for some programs is a barrier to some men in accessing services.

 

·    There is a need for more health education for young men in particular relating to drug and alcohol abuse and sexually transmitted diseases.

 

Promotional Strategy

 

A number of the deficiencies in funding and resources for services for men are similar to resource deficiencies in other target group service areas.  But it is clear from consultation with service providers that men are generally less aware of the services that are available.  Thus Council can undertake a number of steps to increase awareness of services for men.  Apart from making the information available on Council’s website via Council’s Community Services Directory, a number of promotional initiatives will be undertaken which include:

 

·    Official launching of Council’s Community Services Directory highlighting the range of services available for men (the Community Services Directory includes a specific section listing men’s services and programs)

 

·    Informing the community of men’s services via a press release

 

·    Promoting the information on men’s services through the different interagencies and networks which Council’s Community Development Staff regularly attend and

 

·    Distributing the information to the electoral offices of all elected representatives covering the Penrith LGA.

 

Conclusion

 

The provision of different types of services and programs for men in Penrith assists the enhancement of the well being of not only men but the Penrith community at large. 

 

Council will continue to play a role in advocating for the provision of more services for men of different ages in the City.  Continued support will be rendered to community groups and organisations to access various funding opportunities for the enhancement of services for men in Penrith through for example, the Western Sydney Area Assistance Scheme, Council’s Community Assistance Program and the Community Development Support Expenditure Scheme.

 

 

RECOMMENDATION

That the information contained in the report on Support Services for Men in the Penrith LGA be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

20 July 2009

A City of Opportunities

 

 

 

6

Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009   

 

Compiled by:                Joe Ibbitson, Community Programs Co-ordinator

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Objective: We have access to what we need

Strategic Direction: Our City’s services and facilities are provided equitably, and can be accessed by those in need

     

 

Executive Summary

This report provides information on the allocation of 2008-09 Rolling Component Community Assistance Program funds under delegated authority during the period January – June 2009.  The report recommends that the information be received.

 

Background

Through the Community Assistance Program, Council makes small grants to non-profit organisations and community-based groups to help meet local community needs.  The maximum grant is $1,200.

 

There are two components of the Community Assistance Program - the Planned Component and the Rolling Component. The Rolling Component allows for one-off requests to be brought before Council at any time during the year.  This provides a flexible supplement to the Planned Component of the program, which is undertaken each year around October.

 

At the Policy Review Committee meeting on 10 September 2007, Council adopted the 2007 Community Assistance Program (CAP) policy and included it in Council’s Policy Register. The policy identifies that ‘a report will be provided every six months informing Council of successful Rolling Component applications for the relevant period.

 

This report provides information on the 2008-09 CAP Rolling Component projects that have been approved under delegated authority to the General Manager during the six month period January to June 2009.

Projects Approved Under Delegation

The following table summarises details of the projects approved during the January to June 2009 period:

 

Project

Organisation

Amount

Suicide Bereavement Support Group - contribution towards a Reference Library

Penrith Suicide Prevention and Support Network

$955.00

Disability Arts and Culture Forum

Sylvanvale Foundation

$1,200.00

ACM Open Day during NAIDOC Week

Aboriginal Catholic Ministry

$219.00

TOTAL

$2,374.00

 

A total of $ 2,374.00 has been approved under delegated authority in the period from January- June 2009.

 

In the first half of the funding round July-December 2008, an amount of $3,344.05 was allocated from the CAP Rolling Component.

 

The total amount approved for CAP Rolling Component projects during the 2008-2009 financial year is $ 5,718.05.

 

All funds available for the CAP Rolling Component 2008-2009 have been expended. 

 

 

RECOMMENDATION

That the information contained in the report on Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009 be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

20 July 2009

A City of Opportunities

 

 

 

7

Fair Trade    

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Authorised by:             Vicki O’Kelly, Group Manager - Finance  

Requested By:             Councillor Greg Davies

Strategic Objective: We play an active role in our communities

Strategic Direction: Our capacity and wellbeing is enhanced through the support of collaborative networks and partnerships

     

 

Executive Summary

To advise Council on the current status of investigations relating to the purchase of Fair Trade Products. The Report recommends that the information contained in the Report be received.

Background

Penrith City Council is committed to a sustainable future for Penrith City. Part of the sustainable future includes the consideration of ethical purchasing which promotes fair pricing, protects workers and promotes sustainable development across the globe.

 

In the past, Penrith City Council has purchased Fair Trade multicultural children’s resources for several of our Childcare Centres and our Mobile Play Van. These resources have been sourced through a local Fair Trade business that purchases exclusively from organisations registered with the International Federation of Alternative Trade (IFAT) and other Fair Trade associations.

 

Council is also currently exploring options of ethical purchasing in terms of our tea, coffee and drinking chocolate.  The current group contract for these items was established on behalf of all Western Sydney Councils through a public tender process, and the contracted supplier is proposing to offer Fair Trade products as part of their normal supply catalogue.

 

Current Situation

 

Council is not currently a registered Fair Trade Community with the Fair Trade Association of Australia and New Zealand (FTAANZ). However, the overall practice of sustainable purchasing is already fully captured in our existing supply policies. This includes consideration of environmental impacts, human health impact, waste minimisation and on going contribution towards sustainability.

 

The following actions are being undertaken;

 

·    Annual usage figures for the products being investigated have been obtained.  Costs for the supply of Fair Trade Coffee, Tea, Sugar and drinking chocolate is being sourced from Council’s supplier.

 

·    In conjunction with our contracted supplier (Complete Office Supplies) a representative from one of their Fair Trade suppliers will attend Council to make a series of presentations regarding the targeted products to all interested staff. This will include the sampling of the various products available. The presentations will be run at various times during a day to be fixed and all staff will be invited to attend one of the sessions which are anticipated to be of around 15 minutes duration.

 

·    A small quantity of tea and coffee will be purchased with our next order for trial purposes and will be placed in selected areas.  Feedback from users will then be evaluated.

 

At present from the figures available the annual expenditure for these products (excluding child care centres) is approximately $12,000.  The additional cost for Fair Trade products may be in the vicinity of 15-20%. 

 

Summary

 

A full determination regarding the viability of purchasing Fair Trade products will be made following the completion of the trial period and investigations.

 

 

 

RECOMMENDATION

That the information contained in the report on Fair Trade  be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Green City

 

Item                                                                                                                                       Page

 

8        Development application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay. Applicant: David Williams;  Owner: David and Laura Williams DA09/0323

 

 



Ordinary Meeting

20 July 2009

A Green City

 

 

 

8

Development application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay  Applicant:  David Williams;  Owner:  David and Laura Williams    

DA09/0323

Compiled by:                Stephen Krimmer, Environmental Health and Building Surveyor

Authorised by:             Paul Lemm, Development Services Manager   

Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption

Strategic Direction:  We respond to the impacts of climate change, and support the principles of sustainability

     

 

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

 

Executive Summary

Council is in receipt of a development application for the construction of a multi level dwelling. The application seeks a variation to the 50% landscape requirement and is supported by the submission of an objection under State Environmental Planning Policy No.1.

 

The proposed development consists of two storeys and attic at the front, and two storeys, an attic and basement at the rear. The land has a significant fall towards the rear boundary and an existing swimming pool. Under the objective of the Local Environmental Plan 1998 Urban Lands, development is required to reinforce the importance of natural landscape settings, protect landscapes and urban areas with identified conservation value, and to allow a limited range of compatible non-residential uses.

 

The dwelling achieves these objectives by providing an innovative and site responsive development that compliments the surrounding area and minimises impacts on adjoining properties.

 

The SEPP 1 objection has demonstrated that full compliance with the minimum landscape area requirement is unreasonable due to requiring the existing swimming pool and paving on site to be counted as built area. The proposed dwelling would achieve full compliance with the minimum landscape area if the swimming pool was removed or included as landscape area.The minimum landscape area variation and the proposed dwelling are unlikely to have any significant impacts on the amenity of the locality.

 

In accordance with the new reporting procedures provided by the Department of Planning, the matter is forwarded to Council for determination. The report recommends that the SEPP1 objection be supported and the development application be approved. The report also recommends Council consider adopting as a policy position the inclusion of paved areas in association with a swimming pool into landscape area calculations and investigate the inclusion of swimming pools as landscape area in Stage 2 of the LEP and DCP.

 

Background

 

A development application for the construction of a multi level dwelling at Lot 26 DP 237406, No 24 Parklands Ave Leonay was lodged in August 2008 (DA08/0790). This application was subsequently withdrawn as a number of issues including privacy, overlooking, design, use of attic, landscape area and building envelope encroachments were not able to be resolved.

 

A further application was submitted incorporating amendments addressing the above issues. The application was accompanied by the submission of an objection under State Environmental Planning Policy No. 1 to the provisions of clause 12 of Local Environmental Plan 1998 –Urban Lands, requesting a variation to the landscape requirement of 50%.

 

Site and Surrounds

 

The site was originally held in joint ownership with the adjoining property to the rear being No. 176 River Road. It is situated on the south eastern side of Parklands Avenue and located approximately 100m from the Nepean River. The properties to the rear of the site directly face the Nepean River. The site is 556 m² in area, and orientated in a north west to south east direction. It has a fall of approximately 3.5m from the front to the rear.

 

The site currently contains a swimming pool at the rear lower level of the property and a carport frame/storage area toward the front on the higher level platform. The site is landscaped with significant vegetation across the rear of the property.

 

The carport frame and storage area are to be demolished as part of the proposed work. The swimming pool is proposed to remain. The site was originally held in joint ownership with the adjoining property to the rear being No. 176 River Road.

 

The surrounding area is characterised by residential development comprised of a mix of single and two storey dwellings.

 

The Proposed Development

The proposed development includes the following aspects:

 

·    Construction of a two storey dwelling and attic at the front, and two storeys, an attic and basement at the rear

·    Demolition of the existing carport framing and storage area.

·    Installation of associated landscaping

 

The development application was accompanied by:

 

·    An objection under State Environmental Planning Policy No. 1 to Clause 12 of Council’s Local Environmental Plan 1998 Urban Lands.

·    Statement of Environmental Effects

·    Site and Building Plans

·    BASIX certificate

·    Waste Management Plan

 

Assessment of SEPP 1 Objection

 

A State Environmental Planning Policy No. 1 (SEPP1) has been lodged in support of the development application.

 

SEPP 1 seeks to provide flexibility in the application of planning controls where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives stated in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act. These objectives relate to the proper management of resources to promote the welfare of the community and environment, and, to promote the orderly and economic use of development of the land.

 

The SEPP 1 objection has been lodged in relation to the provisions of Clause 12 of Council’s Local Environmental Plan 1998 – Urban Lands, and in particular the provisions of Clause 12(3). The relevant clause states:

 

The council must not grant consent to development that involves the erection of a building in Zone No. 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the building is wholly within the building envelope, and does not contravene the maximum external wall height or minimum landscaped area.

 

The SEPP 1 objection seeks approval for the construction of a dwelling which proposes a landscaped area of 30.7%. This variation proposes a departure of 38.6% from the development standard.

 

1) Development Standard

 

The SEPP 1 objection is required to demonstrate that compliance with the aims and objectives of the relevant planning instrument and zone can still be achieved regardless of the variation to the development standard.

 

The objectives for Zone 2(a) Residential (Urban and Landscape Protection) are as follows: 

 

(i)to reinforce the importance of natural landscape settings and areas with heritage conservation value.

 

The proposed dwelling is sited so as to minimise the amount of vegetation required to be removed and to utilise the existing land levels by stepping down the slope. Most trees outside of the building footprint are to remain. The site is not identified as being in a Heritage Conservation Area.

 

(ii) to protect landscapes and urban areas with identified conservation value by limiting the range of permissible uses and requiring larger residential allotments.

 

The existing allotment size is similar to that of surrounding properties and a dwelling is a permissible land use.

 

(iii) to allow a limited range of compatible non-residential uses.

 

The proposed development does not include further non-residential uses.

 

The objectives for Section 12 of LEP 1998 Urban Lands are as follows:

 

(a)  Achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating height and bulk.

(b)  Minimise the impact of loss of privacy, overshadowing and loss of views.

(c)  Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear lines.

(d)  Protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.

 

In regard to these objectives, the proposed dwelling has been designed to make the most of the site constraints by using the existing levelled platform areas on the site and retaining the existing substantial vegetation and swimming pool. Visual and privacy impacts are minimised in the design of the dwelling by:

 

·    Articulating the building to incorporate smaller upper floor areas which are stepped back to provide increasing setbacks from the boundaries than the lower floor areas. This configuration also serves to reduce overshadowing impacts on adjoining properties.

·    Minimising windows and glazed areas in the side elevations of the dwelling.

·    Installing privacy screening to balconies

·    The potential for loss of views of adjoining properties with outlooks toward the Nepean River is minimised by siting the dwelling into the slope with the front entrance lower than street level in response to the fall of the land.

·    Adequate separation between site boundaries is provided consistent with surrounding development. The existing open space corridor along the rear boundary line which contains the existing swimming pool and landscaping will not be impacted upon.

·    Existing environmental features will be protected by minimising vegetation removal. Appropriate stormwater disposal to the easement at the rear of the property is proposed.

 

The SEPP 1 objection is made on the premise that the development standard is unreasonable and unnecessary on the following basis:

 

·    The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act.

·    The dwelling is reasonable development for the site.

·    The extent of the landscaping proposed is not inconsistent with that existing currently on the property.

·    The proposal satisfies the objectives of the zone.

·    The new dwelling has been designed to be site responsive and achieves the setback requirements from the adjoining dwellings.

 

In response to the submission the following comments are made. The SEPP 1 objection is considered appropriate under the circumstances because:

 

·    The reduced landscape area provided on the site is a result of the existing swimming pool on the allotment.

 

·    The proposed dwelling would comply with the minimum landscape area if the pool was removed; however, the applicant has requested the pool to remain.

 

·    The proposal would also comply with the landscape area requirement if the pool and surrounding area were considered as part of the in the landscaped area calculation. Landscaped area is defined in the LEP as being;

 

“part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.”

 

It may be argued that the use of the paved area of land surrounding the swimming pool achieves the intent of landscaped areas as it is set aside for the use and enjoyment of the occupants of the site. Advice has been received from Council’s Legal Officer to the effect that it is not contrary to the clause in the LEP to include paved areas around a pool in the landscape area calculation.

 

·    Section 12(7) of the LEP allows the construction of non-habitable structures (including swimming pools) where they do not comply with the minimum landscape area if the proposed structure will have minimal adverse impact on the subject site and any adjoining site. As the swimming pool exists on the site and the proposal relates to dwelling, this section cannot be applied, however the result is the same.

 

·    The size of the proposed building footprint of the dwelling is not excessive and is in keeping with surrounding developments. A dwelling is a permissible use on the site, and a reduction in the size of the dwelling to maintain full compliance with the minimum landscape area would be unreasonable and unnecessary, and impede development of the site.

 

2) Section 5 - Environmental Planning and Assessment Act 1979

 

Assessment of the SEPP 1 objection also needs to consider against the objectives stated in Section 5(a) (ii) of the EP&A Act which is as follows:

 

“(ii) the promotion and co-ordination of the orderly and economic use and development of land

 

It is considered that the proposed dwelling and associated landscape area will ensure attainment of the objectives of section (ii) and refusal would be unreasonable in this regard for the following reasons:

 

·    The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act.

·    The dwelling is reasonable development for the site.

·    The proposal satisfies the objectives of the zone.

·    The new dwelling has been designed to be site responsive and achieves the setback requirements from the adjoining dwellings.

 

 

3) Department of Planning Circular No. B1

 

The Department of Planning’s Circular No. B1 specifies other matters which should be considered by Council in its consideration of SEPP 1 objections including:

 

1) Clause 8 – is the Development standard inappropriate in general terms and should Council review its planning controls? Draft instruments may also be impacted upon if SEPP 1 is repeatedly used on a clause which may be affected.

 

2) Clause 9 – the likelihood of similar applications being made and the cumulative effect of similar approvals.

 

3) Clause 11 – dealing with applications to extend non-conforming development by more than 10%.

 

Development applications for new works on residential properties in Penrith Local Government Area often result in pressure being placed on the minimum landscape area provisions.  In the instance of 24 Parklands Avenue, the proposal involves a site which already has an established swimming pool.

 

It is considered that the minimum landscape area provisions retain their validity and are consistently applied and enforced on greenfield sites across the Council area. The issue of including swimming pools and associated paving in landscaped area calculations is one which is to be given consideration when Council’s Stage 2 LEP and DCP are prepared.

 

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. For the purpose of this report, the dwelling levels will be referred to as stated on the plans. i.e. Lower floor, Ground Floor, First Floor and Attic

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

Sydney Regional Environmental Plan No 20.

 

The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. 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 residential development and water quality. The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. The dwelling is located on a cleared area with minimal tree removal required. The dwelling will have minimal visibility from the riverine corridor and its scenic quality. Stormwater will be controlled and directed to a stormwater easement at the rear of the property.

 

The proposal is in keeping with the objectives of the SREP.

Penrith Local Environmental Plan 1998 (Urban Land)

 

Under the terms of Penrith Local Environmental Plan 1998 (Urban Land) the land is zoned as Zone No 2(a) Residential (Urban and Landscape Protection). The proposed development is defined as a dwelling, which is permissible with the consent of Council.

 

2(a) Zone Objectives

 

The proposed development meets the objectives of the zone as described in the above SEPP 1 assessment.

 

Development Standards

 

Section 12 of the Penrith Local Environmental Plan 1998 (Urban Lands) provides requirements for building envelopes, heights of buildings, landscape areas and rear boundary setbacks for development that requires consent to satisfy.

 

 

Building Envelope and Maximum External Wall Heights

 

Under Clause 12(3) of the LEP, a building is required to be constructed within the building envelope and maximum external wall heights being 6.5m.

 

The proposed dwelling does not comply with the building envelope and maximum external wall heights. The applicant has provided information demonstrating that a variation can be considered in accordance with Clause 12(6) which states:

 

“Council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of Council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building”

 

Maximum External Wall Height

 

The maximum external wall height permitted is 6.5m. The wall height at the front elevation of the dwelling approximately 5.8m, however due to the slope toward the rear boundary, the external wall height increases as the land falls to the rear and therefore the walls exceed the maximum height in some places.

 

The external wall height does not exceed the 6.5m on the South West side.

 

The external wall of the first floor on the North eastern side of the dwelling results in a non-compliance where the land falls and floor levels are maintained. The wall height extends up to approximately 7.7m on this side, being 1.2m over the maximum wall height requirement.

 

A variation to the maximum wall height is considered appropriate due to the fall of the land and measures incorporated into the building design to reduce its impacts. The north eastern side of the dwelling has only two windows. One being of glass blocks adjoining the staircase to prevent opportunities for overlooking and one small kitchen window. The sides of the balcony will also be provided with privacy screening.

 

Building Envelope

 

The dwelling encroaches within the required building envelope. A variation is considered necessary as a result of the fall of the land towards the rear of the property. The roof configuration has been designed to maximise compliance with the building envelope requirement. Due to the fall of the land, the building envelope encroachment increases as the land falls towards the rear. The greatest area of non-compliance is where all three levels and attic are located over each other.

 

The dwelling design is well-articulated and avoids long, bulky lengths of wall. The first floor and attic levels are stepped in from the rear elevation, avoiding excessive building height.

 

Overlooking opportunities are minimised with reduced window areas on these elevations. The windows include a glass block window adjoining the staircase, a small kitchen window, garage and attic windows. Privacy screens are provided to the sides of the balconies, and return part way across the front to maximise retention of privacy to the adjoining properties.

 

The non-compliance with the building envelope and maximum wall height requirements will not significantly increase impacts on privacy, overshadowing or overlooking.

 

The site is extremely constrained due to the slope of the land and existing development. The design of the dwelling is sensitive to the fall of the land and the variations are considered necessary to improve the design and external appearance.

 

Landscaped Area

 

The minimum landscape area non-compliance has been addressed above in the assessment of the SEPP 1 objection.

 

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

 

Penrith DCP 2006 Part 4 Section 4.2 – “Residential Single Dwellings” is applicable to the current development application and the following sections are relevant to the assessment process.

 

Section 3.4.1 Hazard and risk – flooding

 

The objective of this clause is to ensure that residents and their property are not exposed to unacceptable risk or damage from flooding during peak storm events. The proposed dwelling was referred to Council’s Development Services Engineer and the dwelling was found to be in compliance with flood related controls and the proposed floor levels were satisfactory.

 

 

Section 4.4 Preferred Configurations for New Dwellings

 

The objective is to ensure new dwellings adopt key features of established suburban design including entrances, the windows to main living rooms and private courtyards face the street or the rear boundary, and garages are architecturally integrated within building forms. The development is considered to comply with these objectives and will also maintain a green corridor along the rear boundary.

 

Section 5.2 Urban Form

 

The objective is to ensure new buildings show characteristics of established suburban neighbourhoods. Dwellings should be oriented to face the street, building forms should be stepped or articulated, and relate to the shape of their surrounding garden areas.

Design measures include articulated building forms and facades and stepping floor plans to provide a variety of roof forms and pitches;

 

Section 5.3 Front, Side and Rear Setbacks

 

The objective is to ensure setbacks reflect the character of established garden suburbs, and provide for development of flora and fauna corridors. The proposed 5.5m front setback is considered suitable as it allows the dwelling to maximize the use of existing level building platforms on the site and reduce the need for cut and fill on site. A 15.998m rear setback is satisfactory and the proposed side setbacks are consistent with surrounding development.

 

Section 5.4 Landscaped Area and Parking

 

The objective is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation, and provide reasonable separation between neighbouring dwellings. Landscaped area is discussed above, adequate parking areas are provided and conditions will be included to ensure driveway grades are in accordance with AS2890.1.

 

Section 5.5 Solar Planning

 

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. Due to the existing orientation of the lot, some overshadowing impacts are inevitable.

 

The applicant has demonstrated that the dwelling meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive adequate solar access. The higher sections of the dwelling are located towards the northern area of the site to reduce impacts on overshadowing towards the adjoining southern areas. Roof pitches are directed away from adjoining properties. Adjoining properties will achieve the minimum sunlight requirements outlined in this section.

 

A satisfactory BASIX certificate has also been submitted to demonstrate adequate energy and water efficiency measures are incorporated into the dwelling.

 

The dwelling has been designed to maximise potential uptake of solar energy for the panels on the northern side of the roof.

 

Section 6.1 Significant Landscapes

 

The objective is that in areas of particular significance to natural conservation or high environmental character, new development should demonstrate detailed design measures to protect that conservation significance or character. In this regard the dwelling design and location maintains natural topography and preserves most established trees.

 

Section 6.3 Building Design

 

The objective is that dwellings be surrounded by private gardens, their facades should display a variety of materials and shading structures and garages should be integrated with the overall architectural form and design. The proposed dwelling is considered to comply with these objectives.

 

The presence of a double garage is minimised as it has two doors separated by a pier or column and the front setback is considered suitable in relation to the dwelling.

 

Cut and fill requirements are to be restricted to a maximum of 1 metre. Due to the slope of the land, excavations will extend up to 2.5m in some places. Minimal filling is required. The extent of cut is considered acceptable to allow the lower level to be located with maximum separation from the rear site boundary and will have minimal impacts on neighbouring properties. All excavations and retaining are to be certified by a structural engineer.

 

Section 6.4 Energy Efficiency

 

The development proposal is compliant with the requirements of the BASIX certificate.

 

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

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal. The site is constrained by its steep slope, existing benching and structures, and potential impacts on privacy. However the proposed dwelling is designed and located in a position to minimise the amount of vegetation required to be removed, reduce loss of privacy and utilise the existing land levels.

 

The impact of the development on streetscape will be minimal as the street appearance will be a two storey dwelling with attic. The dwelling will be set lower than the street level.

 

Stormwater is to be directed to the easement at the rear of the property, creating minimal impact on adjoining properties.

 

Appropriate conditions are to be included relating to site management during construction. An appropriate waste management plan has been provided. Hours of work and construction noise will also be subject to consent conditions.

 

 

 

 

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

 

The site is suitable for the construction of a dwelling. Whilst there are many limitations resulting from the slope of the land and flooding, these issues have been addressed to ensure a suitable dwelling design has been proposed in keeping with the objectives of the relevant planning documents.

 

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

Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

 

Referral Body

Comments Received

Development Engineer

No objection to the proposal subject to conditions.

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents. Council notified fourteen (14) residences in the area and has received two (2) submissions in response.

 

The application was advertised between 17 April 2009 and 1 May 2009.

 

The following issues were raised in the submissions received and have formed part of the assessment.

 

Issue Raised

Comments

Description of application

The application was originally lodged being described as a two storey dwelling. The description has been modified to reflect the exact nature of the building being a dwelling consisting of two storeys and attic at the front and three storeys and attic at the rear

Visual impact due to bulk and scale

Due to the slope of the land and existing site constraints, an innovative approach is necessary to allow a dwelling to be constructed on the lot. The dwelling will have a two storey appearance with attic at the front boundary; and three storeys and attic at the rear. As the lowest level is being cut into the ground, the visual impacts will be reduced and the rear elevation will be partially screened by the existing boundary fencing and vegetation.

 

As a result, the dwelling will generally appear as  two storeys with an attic when viewed from the rear. The design of the dwelling combines varied roof lines, higher levels being stepped in and reduced in size than lower levels; assisting in reducing visual impacts due to bulk and scale.

Privacy and Overlooking

Of most concern raised were potential privacy impacts from the attic floor area. The previous application (DA08/0790) showed the attic area providing access to a usable balcony area that would provide substantial opportunities for overlooking and privacy issues to adjoining properties.

 

The proposal has been amended so the attic does not have a usable balcony area and does not provide access to outside the attic area. Conditions are proposed to be applied to ensure no modifications are made to allow this area to be used as a balcony at any time.

 

The attic area has high-light windows to minimise overlooking opportunities. The minimal width and low ceiling height make the attic area unlikely to be used for any habitable purposes. Conditions are also to be included requiring the attic area to only be used only for storage and non-habitable purposes.

 

Impacts on privacy and overlooking from windows in the side elevations will be minimal due to the size and placement of windows.

 

The ground floor balcony is provided with privacy screen timber louvers to the sides and a two metre return on both ends. The balcony width of 2.325m reduces the likelihood of large gatherings or high noise activities to occur. The balcony is located approximately 16m from the rear boundary.

 

The first floor balcony is a smaller, narrower balcony associated with bedrooms only. These are considered as low use rooms and to have minimal impacts on privacy. This balcony will be provided with privacy screening to the sides. The minimal 1.5m width of the balcony reduces the likelihood of this balcony being used for regular or noisy activities.

 

The majority of existing vegetation on the site is to be retained to provide screening. The applicant has proposed privacy screening along the south western boundary to further minimise opportunities for overlooking. This privacy screening is required to be a minimum height of 400mm above the existing fence line and located to reduce impacts of overlooking into adjoining properties.

Landscaping

The trees identified to remain on the site plan outside of the building footprint are to be retained and appropriate conditions are to be included to ensure tree protection measures are installed on the site. Any tree removed is to be replaced with a native tree of mature height in a suitable location.

Overshadowing

Due to the existing orientation of the lot, some overshadowing impacts are inevitable.

 

The applicant has demonstrated that the dwelling meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive adequate solar access. The higher sections of the dwelling are located towards the northern area of the site to reduce impacts on overshadowing towards the adjoining properties to the south. Roof pitches are directed away from adjoining properties. Adjoining properties will achieve the minimum sunlight requirements outlined in Penrith DCP 2006.

Excavation

Cut and fill is generally to be restricted to a maximum of 1 metre, however, due to the slope of the land, cut may extend up to 2.5m in some places to accommodate the lower floor level. Minimal filling is required. The cut is considered acceptable to maximise setback of the lower level from the rear boundary and will have minimal visual impacts on neighbouring properties.

Non-compliances with development standards relating to building envelope, building height, wall height, building design, overshadowing, overlooking and landscape area.

These issues have been addressed above in the report. An amended building envelope diagram has been provided illustrating the building envelope non-compliance as the land falls to the rear. RL’s for finished heights of the dwelling have been provided for verification at the completion of the dwelling.

Site constraints relating to flooding, swimming pool, driveway and topography

The floor levels of the proposed dwelling are above the minimum required by Council’s flood policy. Conditions relating to flooding and driveways gradients are to be included in the consent. The existing swimming pool is to remain on site. A portion of the house will extend over the swimming pool.

Comparable dwellings

The proposed dwelling will have a similar visual impact to that of nearby dwellings when viewed from the street frontage. The front facade presents a contemporary dwelling in keeping with the character of the area. Due to the steep fall of land towards the rear boundary, the dwelling will have the appearance of increased height.

 

Nearby dwellings also have balconies with some opportunities for overlooking into adjoining properties. Adequate design and privacy measures are considered to have been achieved to reduce these impacts.

Ceiling Heights

The proposed ceiling heights comply with the Building Code of Australia in relation to the use of the rooms. The areas of low ceiling heights are not considered to unduly impact on the proper functioning of those rooms.

 

Conclusion

Under the objective of the Local Environmental Plan 1998 Urban Lands, development is required to reinforce the importance of natural landscape settings and areas with heritage conservation value, protect landscapes and urban areas with identified conservation value by limiting the range of permissible uses and requiring larger residential allotments, and to allow a limited range of compatible non-residential uses.

 

The subject development application seeks approval to construct a dwelling and is supported by a SEPP 1 objection seeking a variation of the minimum landscape area from 50% to 30.7%.

 

The SEPP 1 objection is supported as it is demonstrated that the minimum landscape area requirement is unreasonable in this case and that the attainment of the objectives of Clause 5(a) of the Environmental Planning and Assessment Act will not be hindered by the proposal.

 

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

 

The minimum landscape area variation and the proposed dwelling are unlikely to have any significant impacts on the amenity of the locality.

 

The landscape variation and proposed dwelling is considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive dwelling is considered to have been achieved.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay be received.

2.     The submitted SEPP 1 be supported.

3.     Council consider adopting as a policy position the inclusion of paved areas in association with a swimming pool into landscape area calculations and investigate the inclusion of swimming pools as landscape area in Stage 2 of the LEP and DCP.

4.     DA09/0323 for a multilevel dwelling consisting of two storeys and attic at the front and three storeys and attic at the rear at 24 Parklands Avenue LEONAY  NSW  2750, be approved subject to the attached conditions:

4.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A009 Residential Works DCP

A011 Engineering Works DCP

A043 Air conditioner for existing dwelling

A046 Obtain a Construction Certificate

B002 Demolition

D001 Implement approved sediment & erosion control measures

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

E005 Smoke detectors-interconnect

F006 Water tank & nuisance

G005 Rainwater tank-Plumbing

H01F Stamped plans & erection of site notice

H002 All forms of construction

H011 Engineering plans & specifications

H013 Structural details required

H014 Slabs/footings

H015 Termites

H18F Timber framework

H022 Survey

H024 Glass installations

H030 Roof finishes

H036 Rainwater tank

H037 Safe supply of water from catchment

H038 Connection of rainwater tank supply

H039 Rainwater tank pumps

H041 Hours of Work

I003 Road Act Approval

K011 Flooding RL 29.8m AHD

K013 Flooding Survey RL 29.8m AHD

L007 Tree protection measures

L008 Tree Preservation Order

P001 Costs

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

Special Conditions

4.2      Driveway Grades - Prior to the issue of a Construction Certificate the certifying authority should ensure that driveway grades are in accordance with AS2890.1

4.3      Privacy (ground floor balcony) - The ground floor balcony is to be provided with a fixed timber louvre privacy screen, angled so as to prevent downward viewing. Screening must be located on both ends and provide a minimum two metre return along the balustrade on both sides.  Screening shall be constructed to a minimum height of 1.5m above finished floor level of the balcony. Details are to be provided prior to the issue of a construction certificate

4.4      Privacy (first floor balcony) - The first floor balcony is to be provided with a fixed timber louvre privacy screen, angled so as to prevent downward viewing. Screening must be located on both ends and shall be constructed to a minimum height of 1.5m above finished floor level of the balcony. Details are to be provided prior to the issue of a construction certificate

4.5      Landscaping - Tree removal is only permitted in accordance with the stamped approved plan. The remainder of the trees are to remain on site. Any approved tree removed is to be replaced with a native species of similar mature height in a suitable location prior to the issue of an Occupation Certificate

4.6      Cut - Details of all proposed excavation, earthworks and structural concrete are to be prepared and certified by a suitable qualified structural engineer and submitted to the principal certifying authority prior to the issue of a construction certificate. Consideration must be given to impacts on adjoining properties as a result of any excavation

4.7      Attic area - The attic area shall not be used for any habitable purposes. The attic shall be used for storage and non-habitable uses only. Access from the attic to outside the attic is prohibited. No doors are permitted to be constructed to provide access outside from the attic. The roof sheeting material adjoining the south western side of the attic must remain at all times. The area outside the attic shall not be used as a balcony or for any trafficable use

4.8      Survey - On completion of the frame and roof of the dwelling, a survey is to be submitted to the principle certifying authority demonstrating compliance with the RL’s stipulated on the plan

4.9      Privacy screening to fence line - Privacy screening is to be provided along the South western boundary to further minimise opportunities for overlooking. Privacy screening is to consist of lattice or similar material to a minimum height of 400mm above the existing fence line.  Permission must be sought from adjoining property owners to construct the privacy screening on the dividing fence. Alternatively the privacy screening must be contained wholly within the property boundaries.

5.     Those persons who have made submissions be notified of the determination.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site Plan, Floor Plans, Elevations & Shadow Diagram

8 Pages

Appendix

  


Ordinary Meeting

20 July 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

20 July 2009

Appendix 2 - Site Plan, Floor Plans, Elevations & Shadow Diagram

 

 

 








  


A Liveable City

 

Item                                                                                                                                       Page

 

9        Tender Number 11-08/09 Construction of Gross Pollutant Trap - Mamre Road

 

10      Belar Place and Carinya Avenue Carpark, St Marys

 

11      Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval Practice Wickets

 

 



Ordinary Meeting

20 July 2009

A Liveable City

 

 

 

9

Tender Number 11-08/09 Construction of Gross Pollutant Trap - Mamre Road   

 

Compiled by:                Gowry Gowrythasan, Civil Operations Engineer

Authorised by:             Hans Meijer, City Works Manager   

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs

Strategic Direction: The City’s infrastructure responds to community needs, and is provided when we need it

     

 

Executive Summary

To advise on the outcome of Tender 11-08/09 for the construction of a gross pollutant trap at Mamre Road St Marys NSW. A total of 12 responses were received. The selection criteria used by the Tender Evaluation Committee in selecting successful tenderers is shown within the report. After assessing all tenders the Evaluation Committee selected, Devcon Civil Pty Ltd and Murphy McCarthy & Associates Pty Ltd to be invited for individual interviews.  In addition, independent referee checks and financial health checks were carried out on the selected tenderers. The report recommends that a contract be awarded to Devcon Civil Pty Ltd for the lump sum fixed cost of $114,980.27 plus GST.

Background

Tender for the Construction of a Gross Pollutant Trap at Mamre Road St Marys was advertised in the Sydney Morning Herald, Penrith Press and posted on the eTendering web site on 21 April 2009 and closed on Tuesday 19 May 2009.

 

Tender Documents

The scope of the works, design and specification incorporated into this tender was prepared by Baramy Pty Ltd but they did not tendered for this work.

 

It was proposed in the tender that Council will select a preferred company to complete the entire project; the selection of the preferred company will be based on the Evaluation Criteria.

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a project price schedule setting out a cost for each component of the construction.

Tender Evaluation Committee

The Tender Evaluation committee consisted of Robert Lewis, (Acting Supply Officer-Contracts), Nada Karunakaran (Project Engineer- City Works) and Vijay Vijaysivajie (Project Engineer- City Works). Mal Ackerman (Supply Coordinator) was overseeing the process.

 

 

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderers were as follows:

General Criteria

·    Tenderer profile

·    Company contact details

·    Critical Assumptions

·    Compliance to the tender and contract conditions

·    Conflict of Interest declaration

·    Conformance statements & other relevant Declarations

·    Business References

·    Relevant Insurances

Evaluation Criteria-Tenderer’s Capability

Scope of requirements

·    Demonstrated ability in the construction of similar work

·    Relevant Experience

·    Project completion time

 

Cost / Price

·    Lump Sum Price

·    Other cost impacts

 

 Business Management

·    Financial Viability.

·    Safety Record

 

Management and Administration

·    Company Resources and Personnel

·    Quality Assurance Systems.

·    Environmental Management Systems

·    Industrial relations

·    Occupational Health & Safety

 

Mandatory Criteria

·    Conforming Requirements

·    Conflict of Interest

·    Insurance

·    Instrument of Agreement

·    Company Profile

·    Statement of Conformance

 

Summary of tenders received

A total of 12 responses were received from the following tenderers;

 

Devcon Civil Pty Ltd

Murphy McCarthy & Associates Pty Ltd

Cockerill Contracting Pty Ltd

Celtic Civil Pty Ltd

Civil Constructions

Friend Civil Pty Ltd

Jay & Lel Civil Contractors Pty Ltd

Avoca Constructions (NSW) Pty Ltd

Carey Constructions Pty Ltd

Enviropacific Services

Chrisos Civil Constructions Pty Ltd

Ledonne Constructions Pty Ltd

 

Evaluation of Offers

Prices

Prices were requested for each of the areas specified in the tender documents. Tenderers were requested to provide a lump sum cost along with a schedule of unit rates for individual components of the Construction.

 

In the table below each of the tendered prices have been summarised from lowest to highest.

 

Tenderer

Total Lump Sum Price Ex-GST

Devcon Civil Pty Ltd

114,980.27

Murphy McCarthy & Associates Pty Ltd

139,411.50

Cockerill Contracting Pty Ltd

147,000.00

Celtic Civil Pty Ltd

147,552.00

Civil Constructions

169,286.00

Friend Civil Pty Ltd

188,073.90

Jay & Lel Civil Contractors Pty Ltd

210,004.50

Avoca Constructions (NSW) Pty Ltd

214,933.80

Carey Constructions Pty Ltd

232,832.20

Enviropacific Services

239,185.00

Chrisos Civil Constructions Pty Ltd

266,155.00

Ledonne Constructions Pty Ltd

410,412.00

 

 

Comments on Price submissions

Devcon Civil Pty Ltd

The tendered prices submitted by Devcon Civil Pty Ltd has a following limitation:

·    Maximum time allowed for dewatering of any saturated sub-grade was one (1) day

 

The maximum exposure to Council is an additional resource for a period of 3 weeks for dewatering (creation of a well that would be constantly pumped to the creek to divert waterflow around the construction site) and the total estimated cost has been calculated at $16,000 based on the daily unit rate provided in their tender. As per the construction timing, it is anticipated that the majority of the concrete work could be completed within this time frame. Therefore, there is no further period required to complete the necessary concrete work.

 

Compliance-Tenderer’s capability

All tenderers were assessed against the Evaluation Criteria and based on their written submissions; all tenderers demonstrated their capability in performing the specified works.

 

However, it was determined by the Evaluation Committee that there was no advantage to Council in considering the higher priced tenders submitted by the following tenderers.

 

Cockerill Contracting Pty Ltd

Celtic Civil Pty Ltd

Civil Constructions

Friend Civil Pty Ltd

Jay & Lel Civil Contractors Pty Ltd

Avoca Constructions (NSW) Pty Ltd

Carey Constructions Pty Ltd

Enviropacific Services

Chrisos Civil Constructions Pty Ltd

Ledonne Constructions Pty Ltd

 

The following two (2) tenderers were further evaluated both for financial capacity, referee checks and interviews.

 

Devcon Civil Pty Ltd

The Company is based at Blacktown NSW and were incorporated in August 1986 as Enileap Pty Ltd. The Company changed their name in March 2007 to Devcon Civil Pty Ltd and are a third generation family owned and operated business. They operate as a civil engineering contractor and have extensive experience in a wide range of associated works including; footpaths, cycle paths, kerb & guttering, stormwater pits, drainage and general concrete works.

 

Devcon Civil Pty Ltd is Council’s current contractor for the installation of new footpath works and has been engaged as the preferred contractor for the past 3 years. During this period their performance has been more than satisfactory.

 

Murphy McCarthy & Associates Pty Ltd

Their office is based in Leichhardt NSW and commenced operations in 1999. They are a medium sized civil contracting company with a current turnover of $7.5m. They have an experienced workforce ranging through project engineers, site engineers, foreman, operators and first aid qualified staff. The company engages in a wide range of construction activities including road and car park construction, bulk earthworks, sewer and water pipelines, reinforced concrete and external works. They have recently completed similar work for Parramatta City Council and Woollahra Municipal Council. Their management system meets the requirements of ISO 9002-1994 and has been certified by a 3rd party as meeting these requirements. The OH&S management system is accredited by Sydney Water as having the technical capability to carry out works associated with water reticulation and pressure sewer systems.

 

 

 

Tenderer Interviews

The Evaluation Committee conducted interviews with both Devcon Civil Pty Ltd and Murphy McCarthy & Associates Pty Ltd. Both tenderers confirmed their full understanding of the scope of requirements and further demonstrated their capability in performing the required works.

 

Conflicts of Interest

There were no declared conflicts of interest for the short listed companies

 

Referee Checks

Independent referee checks were carried out on the short listed tenderers. In all cases, reports indicate a high level of performance, workmanship and customer satisfaction.

 

Financial Health Checks

An independent financial analysis of the two short listed companies Devcon Civil Pty Ltd and Murphy McCarthy & Associates Pty Ltd were undertaken and these demonstrated that both companies financial capacity were satisfactory and that they have been able to complete specified works on past projects.

 

Summary

The Evaluation Committee were of the opinion that if the additional cost of dewatering (if required) was added onto the tendered price received from Devcon Civil Pty Ltd, this total amount of $130,980 still represents the best value for money to Council and are therefore recommended for Council’s approval.

 

Tender Advisory Group Comments

The Tender Advisory Group (TAG) was made up of the Group Manager ~ Legal and Governance and the Acting Executive Officer. The TAG met with the City Works Manager and the Civil Operations Engineer to discuss the tenders received. During those discussions the TAG made a series of enquiries that were not able to be addressed during that meeting.

Following that meeting it is understood that further discussions were held with the shortlisted tenderers. As a result of the discussions with the shortlisted tenderers, the items raised by the TAG were adequately addressed.

Accordingly, the Evaluation Committee’s methodologies for assessing the tenders submitted appear sound. Having regard to the tendered price and the ability of the tenderers to undertake the contract work, the recommendation of the Evaluation Committee is supported.

 

Acting Financial Services Manager’s Comments

A total of $142,503 remains available for the construction of a gross pollutant trap at Mamre Road in the 2009-10 Operational Plan.  The preferred tender of $114,980 submitted by Devcon Civil Pty Ltd, is within the allocated budget. Should additional dewatering costs be incurred, as outlined in the report, it is estimated that this would increase the total project to a maximum of $130,980.  This potential increased cost is within the available funds for this project.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Number 11-08/09 Construction of Gross Pollutant Trap - Mamre Road be received.

2.     The tender received from Devcon Civil Pty Ltd be accepted and a contract awarded for the construction of a Gross Pollutant Trap at Mamre Road St Marys for the lump sum fixed cost of $114,980.27 plus GST.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

20 July 2009

A Liveable City

 

 

 

10

Belar Place and Carinya Avenue Carpark, St Marys   

 

Compiled by:                Gowry Gowrythasan, Civil Operations Engineer

Authorised by:             Hans Meijer, City Works Manager  

Requested By:             Councillor Jackie Greenow

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs

Strategic Direction: The City’s infrastructure responds to community needs, and is provided when we need it

     

 

Executive Summary

To seek approval to a)  formalise the car park bounded by West Lane, Carinya Avenue, Belar Street and Nariel Street, St Marys; and b)  upgrade of boundary and entry/exit points of the car park, north of Nariel Street and bounded by West Lane, Carinya Avenue, with the work funded from Council’s car park reserve fund.

Background

Council purchased the parcels of land between Lot 176 and 187 (except Lot 182 and 183) for the purpose of providing car parking. The Lots 182 and 183 are still in private ownership. These car parks are currently not formalised and are not regulated for illegal parking. Vehicles have a tendency to occupy the dividing strip along Carinya Avenue and West Lane and interfering with the path of pedestrians. In order to provide car parking spaces in a safe manner, certain site improvements are required.

 

The Local Traffic Committee identified that the works proposed at the two car parks were ranked as high priority unfunded works and to be included in future works programs.

Current Situation

Belar Place Car park, St Marys (south of Nariel Street)

 

Lots 180 and 181, adjacent to Nariel Street, are currently unsealed with some grassed areas. There are a couple of small distorted trees on the site and with no perimeter fencing, access to and from the site is uncontrolled by motorists currently using the site. The existing motorists park on the land in a random manner.

 

Nariel Place - Carinya Avenue Car park, St Marys (north of Nariel Street)

 

Carinya Avenue car park is approximately 53m long and 32 m wide. This car park is currently not formalized and vehicles have a tendency to occupy the dividing strip along Carinya Avenue and West lane, restricting the path of pedestrians. It was recommended at the Local Traffic Committee meeting of 2 March 2009 that the Boundary and Entry/Exit points at this car park be upgraded.

 

 

 

Proposal

In order to provide the users of these “car park” areas with a safe, all weather and organised parking layout, it will require construction of a sealed pavement in Lots 180 & 181 and minor pavement repair work on other lots with relevant sign posting and line marking to indicate the extent of the car parking area. In addition, bollards and vehicular entrance improvements will be needed to properly control motorists entering and leaving the site in a safe manner. The total estimated cost to formalise both car parks listed above is $95,000.

 

Acting Financial Services Manager’s Comments

The Car park/Traffic Facilities Reserve has a budgeted closing balance, after allowing for projects committed during the 2009-10 budget process, of $105,958 for 30 June 2010. The proposed works are consistent with the intention of this Reserve which was established in 2002 to fund new or improved car parking infrastructure, traffic facilities in the CBDs and other initiatives that produce economic benefits to these centres. There are currently no other budgets with the capacity to facilitate this work.  It is proposed that $95,000 be allocated from Council’s Car park/Traffic Facilities Reserve to facilitate these works.  It should be noted that the adjusted closing balance of the Reserve as at 30 June 2010, should this project be approved, would be $10,958.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Belar Place and Carinya Avenue Carpark, St Marys be received.

2.     The total estimated cost of $95,000 to formalise both car parks, be provided from Council’s Car park Reserve Fund.

 

ATTACHMENTS/APPENDICES

1. View

Belar and Carinya Carpark Location

1 Page

Appendix

  


Ordinary Meeting

20 July 2009

Appendix 1 - Belar and Carinya Carpark Location

 

 

 

 


Ordinary Meeting

20 July 2009

A Liveable City

 

 

 

11

Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval Practice Wickets   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             David Burns, Group Manager - City Presentation   

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: Our neighbourhood, recreation and leisure facilities and programs meet community needs

     

 

Executive Summary

The Nepean District Cricket Association (NDCA) has proposed that a turf wicket table be developed at Jamison No. 5, and also that practice wickets at Dukes Oval should be installed. It is anticipated that both facilities, if developed, will provide benefit for the sport of cricket in the City and will provide the opportunity to prepare junior players for representative cricket which is played on turf wickets.

 

Currently there are turf wickets in the City at Howell Oval, Dukes Oval, Cook Park, Shaw Park, Rance Oval, and D’Arcy Smith Oval. NDCA have indicated that the turf wicket locations which they currently use at Dukes Oval, D’Arcy Smith, and Shaw Park are already at capacity.

 

NDCA have advised Council Officers that the project to develop both the turf wicket table in Jamison Park and the practice wickets at Dukes Oval will cost $169,000. NDCA have confirmed that funds committed to the project to date include contributions from Cricket NSW $60,000; Doug Walters Fund $10,000; and Penrith Junior Cricket Association $10,000.  The NDCA are continuing to fund raise and a dinner is planned later in the year. There has been a previous report to Council outlining a request from NDCA for a contribution of $66,000 from Council towards the projects. Should Council endorse a contribution it is proposed that the $66,000 be made available from the Recreation Reserve.

Background

In a previous report to the Ordinary Meeting of Council on 15 December 2008, it was identified that the Nepean District Cricket Association has contributed a total of $83,300, over the last 18 months, to the upgrade of cricket facilities at Council reserves and ovals which have improved player and spectator amenity. The same report also outlined the scope of work proposed for the development of the turf wicket table at Jamison Park No.5, and the practice wickets at Dukes Oval. Furthermore, details were provided that these projects would cost $216,000, and; that grant submissions had been made to Cricket NSW and the NSW Department of Sport and Recreation Capital Assistance Program; that the Cricket Associations would contribute $60,000 to the project, and NDCA were requesting Council consider a contribution of $66,000.    Finally, it was expressed that the NDCA would require Council to increase its operational subsidy to the NDCA by $10,000.

 

A resolution of Council at this meeting was that the proposal be accepted in principle with the shortfall in funding of $66,000 being the subject of a further report to Council. This report addresses that resolution.

 

Current Situation

Since the earlier report to Council the NDCA has revised the scope of the project and do not propose to install an irrigation system to the practice wickets at Dukes Oval. It has been determined that the wickets can be prepared adequately without the system. This has reduced the overall project cost from $216,000 to $169,000.

 

In June 2009, Cricket NSW committed a $60,000 grant to the project. $10,000 has previously been secured by NDCA from both the Doug Walters Fund and the Penrith Junior Cricket Association for the project. Unfortunately, the grant application to the NSW Department of Sport and Recreation Capital Assistance Program was unsuccessful. Therefore, to date, $80,000 is committed to the project. Should Council resolve to allocate the previously requested $66,000 there will be a project shortfall of $23,000. The NDCA has indicated that it is their intention to organise a dinner later in the year to raise some funds toward this shortfall. There will also be the opportunity to submit a new application for a Department of Sport and Recreation grant.

 

Further discussion with the NDCA’s Grounds Manager, who has been authorised by the Association to make decisions on their behalf in regards to ground development and maintenance, has determined that there will now be no need for Council to increase the existing operational subsidy to NDCA. The Grounds Manager has confirmed that, should a turf wicket be developed in Jamison Park, then its maintenance, as well as the other turf wickets used by NDCA, will continue to be accommodated within the existing Council subsidy allocated to the Association. 

 

NDCA contributions to cricket facilities across the Penrith LGA have enabled a number of projects to be implemented which Council has not had the budget to undertake in the required timeframes. The proposed projects appear to offer cricket the opportunity to provide development opportunities for players from the Penrith area as well as the wider region.

 

Acting Financial Services Manager’s Comment

Council currently makes an annual contribution of $42,390 to NDCA for grounds maintenance.  To fund the current request by the Association for a contribution of $66,000 towards the project it is proposed that Council consider allocating this amount from the Recreation Reserve. The use of this Reserve to fund this contribution is consistent with the intentions of the Recreation Reserve which has a forecast balance for 30 June 2010 of $84,614.  Should $66,000 be provided for these projects, this would be reduced to $18,614.

 

Conclusion

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

A Council allocation of $66,000 will provide a contribution towards the development of the projects proposed by NDCA. If it is resolved that this contribution is made by Council, the decision will be communicated to NDCA with the terms of the allocation being that; NDCA continue to maintain the turf wickets used by the Association within the subsidy allocated annually by Council; invoices for the value of $66,000 be submitted to Council, by NDCA, to the value of $66,000; NDCA provide all the necessary documentation (eg contractor appointments, contracts etc.) for approval by Council Officers before the project commences; and a program for the work is submitted and agreed by Council Officers before work commences.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval Practice Wickets be received.

2.     Council allocate $66,000 from the Recreation Reserve as a contribution towards the development of Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval Practice Wickets.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

A Vibrant City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled



Committee of the Whole

 

MASTER PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday July 20 2009

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                          1

 

2        Commercial Matter - Council Property - Lease of Shops 1 & 2 at Gaymark Place, 134 Henry Street Penrith

 

3        Legal Matter - 13 Chapman Street, Werrington

 

 


Ordinary Meeting

20 July 2009

Leadership and Organisation

 

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed:

·                         prejudice the commercial position of the person who supplied it; or

 

·                         confer a commercial advantage on a competitor of the Council; or

 

·                         reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                 matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·        a motion, based on the recommendation below, is moved and seconded

·        the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·        if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·        if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

A Leading City

 

2        Commercial Matter - Council Property - Lease of Shops 1 & 2 at Gaymark Place, 134 Henry Street Penrith

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

 

A Green City

 

3        Legal Matter - 13 Chapman Street, Werrington

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

 

 

 


 

 

 

 

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