21 August 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 24 August 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

 

Craig Butler

Acting General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Robert Ardill - 9 August 2009 to 24 August 2009 inclusive.

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 3 August 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

Local Traffic Committee Meeting - 3 August 2009.

Access Committee Meeting - 5 August 2009.

Policy Review Committee Meeting - 17 August 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 24 August 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
Craig Butler

 

Director
Barry Husking

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Jim Aitken OAM
South  Ward

 

Acting Executive Officer
Glenn Schuil

 

Minute Clerk

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

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#

 

 

 

 

#    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 3 AUGUST 2009 AT 7:36PM

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 Acting Executive Officer.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown for the period 29 July 2009 to 8 August 2009 inclusive.

APOLOGIES

237  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the apology from Councillor Kaylene Allison be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 20 July 2009

238  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robert Ardill that the minutes of the Ordinary Meeting of 20 July 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 4 - Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood. Applicant: Mission Australia;  Owner: Mission Australia, as his mother is employed by Mission Australia.

 

Councillor Tanya Davies declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 4 - Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood. Applicant: Mission Australia;  Owner: Mission Australia, as her mother-in-law is employed by Mission Australia.

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 12 - Community Building Partnership applications from Penrith City Council,  as she lives in a suburb that may receive additional footpath paving.

 

Councillor Greg Davies declared a Non-Pecuniary Conflict of Interest - Less than Significant in QWN 10 - Volunteer Training Seminar - Nepean Community College,  as he is a member of the Nepean Community College Board.

 

SUSPENSION OF STANDING ORDERS

239  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tanya Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:41 pm.

 

Mr Christian Farrell

 

 Item 4 - Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood. Applicant: Mission Australia;  Owner: Mission Australia

 

Mr Farrell, the architect for the applicant, spoke in support of the application, reinforcing the importance of this community focused development in signifying an ongoing commitment to the Penrith Local Government Area by Mission Australia and in providing assistance to families across the spectrum of anticipated needs, including family day care and training, as well as medium term accommodation. 

 

 

Mr Eugene Sarich

 

Item 4 - Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood. Applicant: Mission Australia;  Owner: Mission Australia

 

Mr Sarich, the town planner for the applicant, spoke in support of the proposed development, and briefly outlined the community benefits of the project.

 

 

Mr Robert Richardson

 

Item 11 - Proposal to close parcel of land located between Reddington Avenue and Diamantina Close, St Clair

 

Mr Richardson, an affected resident, spoke in support of the recommendation to close the parcel of land detailed in the report, citing many incidences of vandalism in this area, and in particular damage done to his property including damage to plants and fencing, as well as the noise from trailbikes using the reserve. 

 

 

 

 

Mr David Williams

 

Item 13 - Development Application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay. Applicant: David Williams;  Owner: David & Laura Williams DA09/0323

 

Mr Williams, the applicant, spoke in support of the development application, noting that, after the recent site meeting, with Council staff, measures have been taken to have issues of concern to nearby residents resolved., including changes to the design of the building to make it more acceptable.  Mr Williams sought Council’s support of the application.

 

Ms Jacqueline Connor

 

Item 13 - Development Application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay. Applicant: David Williams;  Owner: David & Laura Williams DA09/0323

 

Ms Connor, representing affected neighbours, spoke in opposition to the proposed development, citing issues such as bulk and scale, and loss of residential amenity for nearby residents.

 

 

RESUMPTION OF STANDING ORDERS

240  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Robert Ardill that Standing Orders be resumed, the time being 7:55 pm.

 

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 27 July, 2009                                                                                                                                     

241  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 27 July, 2009 be adopted.

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

2        RTA 2009/2010 Road Funding Grants                                                                              

242  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on RTA 2009/2010 Road Funding Grants be received.

2.     The RTA 2009/10 Program Funding Block Grant in the amount of $945,000 be accepted.

3.     Council accept the grant of $250,000, offered under the 2009/2010 Roads and Traffic Authority REPAIR Program, for the reconstruction of Forrester Road, North St Marys, between Commonwealth Cr and 200m north of Commonwealth Cr.

4.       The Supplementary Road Component in the amount of $156,000 be allocated to the resurfacing of Eighth Ave, Llandilo (between Second Ave and Third Ave).

5.     The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2009/2010”.

 

 

1        2009 Local Government Association of NSW Annual Conference                                 

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

That:

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

2.     The four (4) motions detailed in the report be submitted for inclusion in the 2009 Local Government Association NSW Conference Business Paper, and in addition, including the following fifth motion, which responds to the complexity of the planning system and the most recent planning reforms:

 

MOTION 5

 

Subject: The need for a new Environmental Planning & Assessment Act in NSW

 

Motion Text

 

That the Local Government Association request the Minister for Planning delay the further role out of any new planning reforms until such time as further consultation has been undertaken with Local Government and key stakeholders about the growing complexity of the planning reforms and the need for a new Environmental Planning & Assessment Act.

 

Note from Council

 

Council supports the introduction of reforms that seek to improve the efficiency and quality of decisions or developments that are approved. However, the reform process should be fully inclusive of all stakeholders. The implications of these reforms should result in service improvement and bring about change from all participants in the planning process.

 

There have been a suite of recent planning reforms introduced into the existing planning system. These reforms focus most of their attention on the processes around which particular issues are managed or determined. The reforms do not target qualitative development outcomes nor do they respond to some of the more pressing challenges confronting our communities and our environment. Issues such as climate change, sustainable development, limits to growth, infrastructure capacity and general community expectations have not been captured by any of the most recent reforms.

 

The most recent reforms that have been implemented are a one size fits all basis and, as such, many Councils that have been performing suitably in areas of development assessment and plan making have been penalised due to the non-performance of a few Councils. The most recent reforms to Part 4 of the EPAA are likely to introduce:

 

·        further complication to the assessment process

·        no guarantee that the process will become anymore efficient

·        potential increases in costs to Local Government due to increased procedural steps in the management of the assessment process

 

        The current EPAA is the main statutory vehicle guiding planning outcomes in NSW. The EPAA provides a comprehensive three tier planning system, allowing for State, Regional and Local Plans as well as outlining the development assessment process. The EPAA has undergone 30 years of amendments, case law and the proliferation of other natural resource management legislation has meant that the planning regime in NSW is complex and becoming increasingly inefficient and unworkable.

 

Local Government is under constant scrutiny from the development industry and many of the reforms that have been implemented have had their genisus in attempting to make the process more efficient. The construction area has been opened up to the private sector which has resulted in the front end of the approval process becoming more complicated. Accountability of the private sector for compliance with consent conditions has proved problematic. The willingness of the private sector to become a participant in the issuing of complying development certificates has also not materialised to the extent as first envisaged.

 

In the meantime, Councils still need to respond to customer complaints about performance of the private sector and make suitable representations to the Building Professionals Board about the private sector performance. The most recent suggestions for Council staff to become accredited further compromises local government in terms of service delivery, attraction and retention of staff and the inequities of being able to choose the type of service that can be provided.

 

There is much duplication in a statutory sense that adds to the increasing complexity of our planning system. Related legislation such as the Environment Protection and Biodiversity Conservation Act 1999, the Building Code of Australia, Disability Discrimination Act are examples of other statutory considerations that influence and confuse the current planning system. To simplify the planning system, these competing legislative requirements should be consolidated along with larger issues such as environmental sustainability, environment and climate change to form the basis of a new EPAA in NSW.

 

 

12      Community Building Partnership applications from Penrith City Council                       

244  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Community Building Partnership applications from Penrith City Council be received.

2.     Council endorse the submission of the applications to the NSW Government’s Community Building Partnership Program detailed in this Report, with the number one priority for each electorate as detailed below:

·        Penrith electorate - Jamison Park Shared Pathway, South Penrith

·        Londonderry electorate -Werrington Downs Walking Trail 

·        Mulgoa electorate - Roper Road Soccer Field, Colyton

·        Smithfield electorate - Erskine Park Community Hall Kitchen

 

3.     A further report be presented to Council should funding not be available in the revised District Open Space Developer Contribution Plan.

4.     Further discussions be held with the local Members of Parliament once all grant applications have been submitted.

 

 

A Green City

 

3        Development application DA08/0886 Expansion of existing educational establishment Lot 201 & 202 DP 1021191 Lot 11 & 12 DP 1037710 (No. 132-140) Bringelly Road, Orchard Hills. Applicant: Ingham Planning;  Owner: Pared Ltd                                   DA08/0886

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

That:

1.     The information contained in the report on Development application DA08/0886 Expansion of existing educational establishment Lot 201 & 202 DP 1021191 Lot 11 & 12 DP 1037710 (No. 132-140) Bringelly Road, Orchard Hills be received.

2.     Development application DA08/0886 Expansion of existing educational establishment Lot 201 & 202 DP 1021191 Lot 11 & 12 DP 1037710 (No. 132-140) Bringelly Road, Orchard Hills be approved subject to the following conditions:

Standard Conditions

2.1 A001      Approved Plans (Delete Basix)

 

Ground Floor Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

First Floor Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Roof Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Western Ground Floor Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Eastern Ground Floor Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Western First Floor Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Elevations 1

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Elevations 2

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Sections

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Landscape Concept Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

Staging Plan

Project Number 05007 issue C August 2008 prepared by NBRS & P Architects

 

 

A011 DCP Construction

A012 Food shop

A026 Advertising sign

A039 Graffiti

B002 Demolition

B003 Asbestos

B004 Dust

B005 Mud soil

B006 Hours of work

D001 Erosion and sediment

D006 Site filling

D010 Appropriate disposal of excavated or other waste

D131 (Acoustic Report prepared by Renzo Tonin & Associates P/L dated 10 November 2005)

E01A BCA compliance class 2-9 buildings

E002 Disabled persons access should be provided to the gymnasium mezzanine and to the computers room

Documentary evidence that the building will comply with Section J (Energy Efficiency) is required.

E006 Disabled access and facilities

E008 Fire safety list with CC

E009 Annual fire safety- essential fire safety class 2-9

G003 Section 73

G004 Integral Energy

H001 Stamped plans and erection of site notice class 2-9

H002 All form of construction

H024 Glass installation

H041

H011 Engineering plans and specification

H022 (ground floor slab) survey

K002 WAE

K019 Connection to Council’s system (add P002)

K025 All land required for vehicular access and parking is to be concreted or sealed with a bituminous pavement.

K034 WAE for Filling (Add D006)

K036 Maintenance Bond

K037 Performance Bond

K038 Fill

P001 Applicants cost

P002 Council Fees - Amended

          Prior to the issue of a Construction Certificate, all fees associated with Penrith City Council-owned land and infrastructure shall be paid to Council.  These fees include Road Opening fees and Infrastructure Restoration fees

Q001 Notice of commencement and appointment of the PCA

Q006 Occupation certificate for class 2-9

 

Special Conditions

2.2     Quigg Place is not to be used as a drop-off or pick up point for the school.

2.3     No pedestrian access is to be made available for students from Quigg Place.

2.4     No vehicle access to the school is to be provided from Quigg Place.

2.5     The provision for suitable overflow parking on site during larger events held on the site.

2.6     Lots 201 and 202 DP 1021191 and Lots 11 and 12 DP 1037710 are to be consolidated into one title prior to the issue of the Occupation Certificate.

2.7     The area of the future extension of Quigg Place is to be free of any buildings or encumbrances.

 

Environment

2.8     A phase 2 report is to be prepared in accordance with the relevant EPA (DECC) guidelines and submitted to Council for consideration and approval prior to the release of a Construction Certificate for the site. The assessment shall be undertaken as recommended by the stage 1 Preliminary Contamination Assessment dated August 2007 prepared by Geotechnique Pty Ltd.  If the Phase 2 report recommends remediation works to be undertaken a separate Development Application is to be lodged for the proposed remediation works and determined before the commencement of any building works.

 

 

2.9     Any works that are required to be undertaken by the phase 2 report are to be certified by a suitably qualified and accredited consultant once completed and a validation certificate is required to be provided prior to the issue of any Construction Certificate for the development.

 

Engineering

2.10   A revised car parking / vehicular access plan is to be submitted to Council for approval prior to the issue of a Construction Certificate.

 

2.11   All internal roads, car parking and manoeuvring areas associated with the subject development including driveways, turn paths, sight distance requirements, aisle widths, parking bay grades and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1 – 2004, AS2890.2 – 2002 and Council’s requirements. The revised plans are to detail compliance with AS 2890.1 – 2004, AS2890.2 – 2002 and Council’s requirements.

 

2.12   A drainage design plan detailing the proposed method of stormwater drainage disposal by gravity to Council’s drainage system is to be submitted and approved by Council prior to the issue of a Construction Certificate.

 

2.13   Stormwater runoff from parking and open areas shall be directed to the stormwater drainage system.  Stormwater pre-treatment devices shall be used to remove litter, sediment and oil.  Specifications of the stormwater pre-treatment device including details on maintenance and cleaning of the device are to accompany the Construction Certificate application.

 

2.14   Before an Occupation Certificate is issued for the development a positive covenant for Water Quality Device/s shall be registered on the affected properties in the following terms:

 

2.15   Registration of Positive Covenant

For the purposes of the positive covenant:

 

·    “structure and works” shall mean the Water Quality Device constructed on the land as set out on the drawing number XXXX by (Designer) approved on XXXXX by Penrith City Council under Development Consent No 08/0886, including all structures, pipes, pits, drains, walls, tanks, chambers, basins and surfaces designed to improve the quality of stormwater discharging from the subject site or any device that replaces the said device.

 

·    ‘the Act” means the Conveyancing Act 1919.

 

The registered proprietors covenant with the Council of the City of Penrith (Council) that they will maintain and repair the structure and works on the land in accordance with the following terms and conditions:

 

1.   The registered proprietor will:

·    Keep the structure and works clean and free from silt, rubbish, debris and other pollutants.

·    Maintain and repair at the sole expense of the registered proprietors the whole of the works, including all structures, so that the Water Quality Device functions in a safe and effective manner in accordance with the design intent and the requirements of the manufacturer’s maintenance schedule for the particular structure.

 

2.   For the purpose of ensuring observance of the covenant, Council may by its servants or agents at any reasonable time and upon giving the person against whom the covenant is enforced not less than 2 days notice (but at any time without notice in the case of an emergency), enter the land and view the state of construction, maintenance or repair of the structure and works on the land.

 

3.   By written notice Council may require the registered proprietors to attend any matter and carry out such work within such time as the Council may require to ensure the proper and efficient performance of the structure and works and to that extent 88F(2)(a) of the Act is hereby agreed.

 

4.   Pursuant to Section 88F (3) of the Act, Council shall have the following additional powers pursuant to this covenant:

a.   In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above, the Council or its authorised agents may enter the land with all necessary equipment and carry out any work which Council in its discretion considers reasonable to comply with the said notice referred to in (c) hereof.

b.   Council may recover from the registered proprietor in a court of competent jurisdiction:

·    Any expense reasonable incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for Council’s own employees engaged in effecting the said work, supervising the said work and administering the said work together with costs, reasonably estimated by the Council, for the use of machinery, tools and equipment in conjunction with the said work.

·    Legal costs on an indemnity basis for the issue of the notices and recovery of the costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to Section 88F of the Act or providing any certificate required pursuant to Section 88G of the Act or obtaining any injunction pursuant to Section 88H of the Act.

 

5.   This covenant shall bind all persons who claim under the registered proprietors as stipulated in Section 88E (5) of the Act.

 

2.16   Prior to the issue of an Occupation Certificate a maintenance manual for the Water Quality System (i.e. Gross Pollutant Trap / Rain Garden) shall be submitted to, and the details approved by Penrith City Council.

 

2.17   I003 – Roads Act Approval 1

(h) Opening of the road reserve for the provision of services including stormwater.

(i) Placing of hoardings, containers, waste skips, etc. in the road reserve.

(m) Embankment works in the road reserve around the detention basin

 

2.18   An Engineering Construction Certificate for the provision of engineering works (drainage, inter-allotment drainage, 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.

 

2.19   K004 – Amended

Where the disposal of drainage involves the provision of drains across lot boundaries, drainage easements shall be provided. The width of the drainage easement is to be in accordance with Penrith City Council’s Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments, Part 1–Design and Part 2–Construction.

 

2.20   The easement shall be registered with the Land and Property Information division of the Department of Lands [prior to the issue of a Construction Certificate]. A copy of the registered easement for drainage is to be submitted to the Certifying Authority and Penrith City Council, if Council is not the Certifying Authority.

 

2.21   The applicant is to grant an easement to Penrith City Council for drainage and overland flow purposes on the location shown on the plan accompanying this consent and on the basis that no claim for compensation will be made and that the applicant will meet all associated survey and legal costs.

 

2.22   Prior to the issue of an Occupation Certificate an easement for drainage and overland flow shall be provided and evidence of registration shall be submitted to the Principal Certifying Authority and Penrith City Council, if Council is not the Principal Certifying Authority

 

2.23   An on-site detention system shall be provided to restrict stormwater discharges from the site to pre-development flows. The system is to provide for all storms up to and including the 1% AEP event. In addition, a positive covenant shall be registered on the site for the on-site detention system before an Occupation Certificate is issued for the development.

 

2.24   Engineering details and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and is to accompany the Construction Certificate application for the development in the form of an Engineering Construction Certificate.

 

{Note: If Penrith City Council is the Certifying Authority for the Construction Certificate for the entire development on the site, the Construction Certificate application fee shall include the fee for the On-Site Detention System.}

 

2.25   On-site detention system levels are critical and should be carefully checked prior to construction to ensure they are built in accordance with approved plans and will have the required volume of storage.

 

2.26   Submission of WAE plans

On completion of the on-site detention system, Works-As-Executed (WAE) plans, prepared by a registered surveyor or the design engineer, are to be submitted to the Principal Certifying Authority. If Penrith City Council is not the Principal Certifying Authority, a copy of the WAE plans is to be submitted to Council prior to occupation. The WAE plans are to be certified by the designer of the system and are to clearly make reference to:

·         the works having been constructed in accordance with the approved plans, and

·         the actual storage volume and orifice size provided, and

·         any variation to the approved design and required remedial works, and

·         the anticipated performance of the system with regard to the design intent.

 

2.27   Registration of Positive Covenant

Before an Occupation Certificate is issued for the development, a positive covenant shall be registered on the property for the on-site detention system in the following terms:

 

For the purposes of the positive covenant:

 

·    “structure and works” shall mean the on-site detention system constructed on the land as set out on the drawing annexed hereto and marked with the letter “A”, being drawing No XXXXX revision XXXXX prepared by XXXXX and dated XXXXX (whatever is the last date on the plans) approved by XXXXX (insert certifiers name) under Development Consent No XX/XXXX approved by Penrith City Council on XXXXX, including all gutters, pipes, drains, walls, kerbs pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater on the land.

 

·    ‘the Act” means the Conveyancing Act 1919.

 

The registered proprietors covenant with the Council of the City of Penrith (Council) that they will maintain and repair the structure and works on the land in accordance with the following terms and conditions:

 

(a)  The registered proprietor will:

·    Keep the structure and works clean and free from silt, rubbish, debris and other pollutants.

·    Maintain and repair at the sole expense of the registered proprietors the whole of the works, including all structures, so that the on-site detention system functions in a safe and effective manner in accordance with the design intent.

 

(b)  For the purpose of ensuring observance of the covenant, Council may by its servants or agents at any reasonable time and upon giving the person against whom the covenant is enforced not less than 2 days notice (but at any time without notice in the case of an emergency), enter the land and view the state of construction, maintenance or repair of the structure and works on the land.

 

(c)  By written notice Council may require the registered proprietors to attend any matter and carry out such work within such time as the Council may require to ensure the proper and efficient performance of the structure and works and to that extent 88F(2)(a) of the Act is hereby agreed.

 

(d)  Pursuant to Section 88F (3) of the Act, Council shall have the following additional powers pursuant to this covenant:

i.    In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above, the Council or its authorised agents may enter the land with all necessary equipment and carry out any work which Council in its discretion considers reasonable to comply with the said notice referred to in (c) hereof.

ii.    Council may recover from the registered proprietor in a court of competent jurisdiction:

·    Any expense reasonable incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for Council’s own employees engaged in effecting the said work, supervising the said work and administering the said work together with costs, reasonably estimated by the Council, for the use of machinery, tools and equipment in conjunction with the said work.

·    Legal costs on an indemnity basis for the issue of the notices and recovery of the costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to Section 88F of the Act or providing any certificate required pursuant to Section 88G of the Act or obtaining any injunction pursuant to Section 88H of the Act.

 

(e)  This covenant shall bind all persons who claim under the registered proprietors as stipulated in Section 88E (5) of the Act.

 

The existing detention basin is to be re-configured to suit the proposed school development. The re-configured basin shall conform to the requirements stated in J Wyndham Prince’s Stormwater Management Strategy dated 8 November 2005 Section 4.2.2 “Detention Basin” and the following conditions. Full details including all calculations, levels and sections shall be forwarded to Council for approval prior to the issue of a Construction Certificate. Details of retaining structures and battered slopes and banks shall be included.

 

Retaining walls and works to raise the on-site detention basin embankment shall be confined to the subject property and the road reserve shall be filled and restored to natural level. The basin shall be fenced on the boundary with a 1.8m high man proof fence. Battered slopes shall not exceed 4:1 horizontal to vertical.

 

Appropriate warning signage shall be erected in the vicinity of the detention basin warning against deep and flowing water.

 

The treatment of overland flows through the site shall be provided on engineering plans and shall be submitted to Council for approval prior to the issue of a Construction Certificate.

 

 

Before an Occupation Certificate is issued for the development, a positive covenant shall be registered on the affected properties for the overland flow path in the following terms:

 

For the purpose of the positive covenant:

·    “structure and works” shall mean the overland flow path constructed on the land as detailed on the plans approved by Council including pavement and fencing.

 

The registered proprietors covenant with the Council of the City of Penrith (Council) that they will maintain and repair the structure and works on the land in accordance with the following terms and conditions:

(a)  The registered proprietor will:

·    Keep the structure and works clean and free of goods, materials, plant and machinery.

·    Maintain and repair at the sole expense of the registered proprietors the whole of the works, including all structures, so that the overland flow path functions in a safe and effective manner in accordance with the design intent.

 

(b)  For the purpose of ensuring observance of the covenant, Council may by its servants or agents at any reasonable time and upon giving the person against whom the covenant is enforced not less than 2 days notice (but at any time without notice in the case of an emergency), enter the land and view the state of construction, maintenance or repair of the structure and works on the land.

 

(c)  By written notice Council may require the registered proprietors to attend any matter and carry out such work within such time as the Council may require to ensure the proper and efficient performance of the structure and works and to that extent 88F(2)(a) of the Act is hereby agreed.

 

(d)  Pursuant to Section 88F (3) of the Act, Council shall have the following additional powers pursuant to this covenant:

(iii)       In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above, the Council or its authorised agents may enter the land with all necessary equipment and carry out any work which Council in its discretion considers reasonable to comply with the said notice referred to in (c) hereof.

(iv)       Council may recover from the registered proprietor in a court of competent jurisdiction:

·    Any expense reasonable incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for Council’s own employees engaged in effecting the said work, supervising the said work and administering the said work together with costs, reasonably estimated by the Council, for the use of machinery, tools and equipment in conjunction with the said work.

·    Legal costs on an indemnity basis for the issue of the notices and recovery of the costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to Section 88F of the Act or providing any certificate required pursuant to Section 88G of the Act or obtaining any injunction pursuant to Section 88H of the Act.

 

(e)  This covenant shall bind all persons who claim under the registered proprietors as stipulated in Section 88E (5) of the Act.

 

2.28   Q003 - Compliance Certificates (Engineering)

Including filling operations on site

Accessible parking spaces are to be provided at close proximity to the main entrances.

 

2.29   Prior to the issue of an Occupation Certificate a Traffic Management Plan is to be lodged and approved by Penrith City Council indicating how the safety of vehicles and pedestrians will be ensured throughout the car park and drop off/bus zones.

 

Roads & Traffic Authority

 

2.30   Car parking provision shall be provided to Council’s satisfaction. Suitable provision is to be made for the on-site parking of vehicles during special events undertaken at the school.

 

2.31   Bicycle parking shall be provided in accordance with Council’s requirements.

 

2.32   The layout of the entry and exit driveways, car parking area, drop-off/pick up zones and bus zone including sight distance requirements, aisle widths, ramp grades, turning paths, driveway widths, and bay dimensions are to be in accordance with AS2890.1-2004and AS2890.2-2002.

 

2.33   The swept path of the longest vehicle (including garbage trucks and buses) entering and exiting the subject site, as well as manoeuvrability through the site shall be in accordance with AUSTROADS. In this regard, plans showing that the proposed development complies with this requirement shall be submitted to Council for approval.

 

2.34   All vehicles are to enter and exit the site in a forward direction.

 

2.35   Appropriate signage and line marking shall be installed for the entry and exit driveways, car parking areas, drop-off/pick up zones, bus zone and loading areas

 

2.36   Consideration could be given to providing a pedestrian crossing facility across Bringelly Rd within the school frontage. It is noted that any crossing facility would need to meet RTA warrants and would need approval from the Local Traffic Committee.

 

2.37   All landscaping, signage, fencing and parked buses are not to impede sight lines to pedestrians.

 

2.38   A construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council, for approval prior to the issue of a Construction Certificate.

 

2.39   All construction vehicles are to be contained wholly within the site.

 

2.40   The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above works and as required by the various public utility authorities and/ or their agents.

 

2.41   All works associated with the proposed development are to be carried out at no cost to the RTA.

 

2.42   The student numbers for the school is not to exceed 375 unless otherwise approved by Council.

 

3.     Those people making submissions be notified of the determination.

 

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 Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

Having previously declared a Non-Pecuniary Conflict of Interest - Less than Significant in this matter, Councillors Mark Davies and Tanya Davies left the meeting, the time being 8:02 pm.

 

4        Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood. Applicant: Mission Australia;  Owner: Mission Australia                             DA09/0221

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

That:

1.     The information contained in the report on Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood be received.

2.     The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to the minimum landscaped area and maximum external wall height provisions under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.     Development Application DA09/0221 for a Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lot 5 & 6 DP 250412 (No. 49) First Street Kingswood be approved subject to the following conditions:

          Standard Conditions

          3.1     A001          Approved plans

            A008          Works to BCA requirements

A009           Residential works DCP

A011                    Engineering works DCP

A014                    Lot consolidation

A019                    Occupation Certificate

A026                    Advertising signs

A029                    Hours of operation and delivery times

A032                    Goods in buildings

A038                    Lighting locations

A039                    Graffiti

A046                    Obtain Construction Certificate before commencement of                  works

B001                    Demolition of existing structures

B002                    Australian Standard for demolition and disposal to                              approved landfill site

B003                    Asbestos

B004                    Dust

B005                    Mud/soil

B006                    Hours of demolition work

C003                    Uncovering relics

D001          Implement approved sediment and erosion control          measures

D006                    No filling without prior approval

D007                    Filling of land

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D013                    Approved noise levels

D014                    Plant and equipment noise

E002                     BCA issues to be addressed

E006                     Disabled access and facilities

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

E01A                    BCA compliance for Class 2-9

G002                    Section 73

G004                    Integral Energy

H001                    Stamped plans and erection of site notice (Class 2-9)

H002                    Provision of site facilities prior to commencement of                  construction works

H003                    Traffic safety during construction

H006                    Implement waste management plan

H025                    Construction of garbage rooms

H033                    Clothes drying facilities

H041                    Hours of construction work

I003                      Roads Act approval

K001                    Engineering Construction Certificate

K003                    Drainage design

K009                    On-site detention

K019                    Connection to Council’s system

K021                    Splay corners

K025                    Pavement seal

K027                    Car parking

K029                    In crossings

K030                    Out crossings

L001                     Approved landscaping plans

L002                     Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L007                     Tree protection measures

L008                     Tree preservation order

M013          Street trees

P001                     Costs

P002                     Fees associated with Council land

Q001                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Q010                    BASIX Certificate

          Special Conditions

3.2     In order to improve surveillance, landscaping shall provide clear lines of sight and avoid concealment areas in public areas, along footpaths and along the frontages of the site.

3.3     Dense vegetation and shrubs with top to bottom foliage shall be avoided. Low ground cover or high canopied vegetation is preferred to enable clear sight lines and maintain visibility.

3.4     All walkways and common areas within the development shall be open and clear of potential entrapment spots.

3.5     All walkways and common areas shall be clearly visible from building windows and unhindered by vegetation or other obstructions.

3.6     Access to common areas of the development shall be limited to staff, patrons, occupants and their authorised guests to ensure that the facilities do not provide excuse-making opportunities for unauthorised people entering the development.

 

3.7     Access to the private courtyards of the residential units shall be restricted to residents and their authorised guests only. Access control or territorial reinforcement measures shall be put in place to clearly separate public and private spaces. This can be in the form of fencing or landscaping treatments which clearly define the private space.

3.8     Access to the family day care areas of the development shall be controlled to restrict unauthorised access to these areas.

3.9     A closed circuit television (CCTV) system shall be installed at the entrance/exit to the Family Support Services Centre.

3.10   The Family Support Services Centre children’s play areas shall have only one entry/exit point (excluding emergency exit points) to ensure supervision of all persons entering/exiting the room.

3.11   Car parking areas shall be well lit in accordance with relevant Australian Standards.

3.12   Patrons attending the centre outside of normal business hours shall be encouraged to park in specific car spaces close to the venue entrance. This shall be encouraged in centre literature and signage in the car park.

3.13   The automatic gates to be installed at the entrance to the central car park area shall be kept locked outside of normal business hours and/or controlled by a swipe card system (or similar).

3.14   The following design measures shall be applied to all public toilet        areas of the development:

                                      (a) Toilets shall be clearly visible and signposted in all public areas.

                                      (b) Entrances to toilets shall be clear of all screening to allow                                           surveillance by the public and staff.

                                      (c) Toilet cubicle doors shall open outward to allow access in an                                     emergency. Doors shall also have spring-opening hinges to allow                                    doors to remain open when not in use.

                                      (d) The rear of toilet doors shall have hooks located half way down                                to ensure handbags cannot be accessed over the top of the door.

                                      (e) There shall be a gap between the door and floor and door and                                  ceiling.

                                      (f) Toilet fittings shall be flush to walls to avoid tampering or                                            stashing of items.

3.15   A Security Management Plan shall be submitted and approved prior to the issue of an Occupation Certificate. The Security Management Plan shall detail the intended management of the development and strategies to promote safety and deter crime and anti-social behaviour. This includes use of security personnel and/or systems (e.g. a closed circuit television system), access control measures (e.g. swipe cards) and/or use of building alarms.

3.16   An alarm system shall be installed to enhance security of the development.

3.17   All buildings shall be clearly identified with visible street numbers to assist visitors and emergency services.

3.18   Adequate illumination shall be provided for directional signage and for building identification signage.

3.19   Internal and external signage shall be large and legible with strong colours, plain language and standard symbols (e.g. for toilets) and use simple graphics.

3.20   Signage shall be provided indicating where to go for help or assistance.

3.21   Details of the intended illumination of the site signage and light spill details shall be submitted and approved prior to the issue of a Construction Certificate. In this regard, it shall be demonstrated that no adverse impact will result on neighbouring properties.

3.22   The acoustic masonry fence along the northern property boundary shall be increased in height to 2.2m. This modification shall be incorporated into the Construction Certificate plans for the development.

3.23   The dispersion of visitors from the site on weeknight evenings and on Saturday gatherings shall be appropriately managed to mitigate any impacts on neighbouring properties.

3.24   Council’s approval is limited to a maximum of 4 special events (such as parent expos, family barbecues and/or seminars) per calendar year. The approved hours of operation of these events are 9am-4pm, Saturday.

3.25   A plan of management for the site shall be prepared detailing how complaints from local residents regarding noise or other issues of concern will be attended to. Details shall be submitted prior to the issue of an Occupation Certificate.

3.26   A manager shall be on-call after closing hours of the Family Support Services Centre to suitably respond to emergency situations which may arise in relation to the Family Accommodation Centre and to provide telephone support to residents of the Family Accommodation Centre.

3.27   Each of the recommendations contained in the Access Review (Version 2, dated 12 March 2009) prepared by Morris-Goding Accessibility Consulting shall be incorporated into the Construction Certificate plans for the development.

3.28   The entry door width of Unit 6 (Family Accommodation Centre) shall be compliant with Australian Standard 1428 – Design for Access and Mobility and the accessible car space for this unit shall be relocated closer to the Family Accommodation Centre’s entry foyer. These modifications shall be incorporated into the Construction Certificate plans for the development.

3.29   The acoustic masonry fence/wall along the common (northern) property boundary with 44 Bringelly Road shall extend in height to the same level as the roof of the adjoining garage and rear bedroom (i.e. increase in height from 1.8m to 2m), for the length of the garage and rear bedroom only. This modification shall be incorporated into the Construction Certificate plans for the development.

3.30   Prior to the commencement of demolition works, a Termite Building Inspection Report and Termite Management Plan to reduce the risk of the spread of termites to adjoining properties shall be submitted and approved.

3.31   In relation to the Family Accommodation Centre, should separate tenancies be proposed for long-term use or should approval be sought for a subdivision of the land to excise the dwellings onto a separate land title, Council will at this time levy for the payment of any relevant Section 94 contributions.

3.32   Prior to the issue of a Construction Certificate, details of the proposed external building materials and colours for the Family Accommodation Centre shall be submitted and approved.

3.33   Prior to the issue of a Construction Certificate, full details of all proposed fencing (including materials and colours) shall be submitted and approved.

3.34   Prior to the commencement of demolition works, the applicant shall submit a dilapidation report for the existing dwelling at 44 Bringelly Road, Kingswood, documenting the existing condition of the dwelling including any existing damage or cracks. The report will be made available by Council in any private dispute arising from damage as a result of the approved demolition works.

3.35   The demolition works shall be undertaken in accordance with the Structural Engineer’s Report (Reference No. 207179, dated 23 March 2009) prepared by Demlakian Consulting Engineers.

3.36   Prior to the commencement of the demolition works, the applicant shall submit a hazardous materials report.

3.37   All verge areas are to be turfed for the full width from the back of kerb to the property boundary at completion of the works.

3.38   The children’s outdoor play area is not to be utilised after 6pm.

3.39   Prior to the issue of an Occupation Certificate, a certificate shall be submitted from a qualified acoustic consultant certifying completion of each of the recommendations contained in the Noise Assessment Report (Report No. 07345, Version A) prepared by Wilkinson Murray dated February 2009 and the additional information letter prepared by Wilkinson Murray dated 30 April 2009.

3.40   Prior to the issue of a Construction Certificate, the following information is to be submitted to Council for consideration and approval:

                   (a) Details of the air conditioner plant to be installed and the                         appropriate acoustic attenuation to be installed that meets the                      requirements of the Noise Assessment Report (Report No. 07345,               Version A) prepared by Wilkinson Murray dated February 2009 and              the additional information letter prepared by Wilkinson Murray dated                    30 April 2009.

                   (b) Construction details of the acoustic fence to be constructed along                    the northern property boundary of the development site.

3.41   A dilapidation report of all Council owned infrastructure fronting the development in Bringelly Road, First Street and Baden Powell Avenue is to be submitted to Council prior to the commencement of construction. The report is to include, but not be limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

3.42   Prior to the issue of a Construction Certificate, 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.

3.43   All car parking and manoeuvring areas associated with the subject development, including driveways, access ramp grades and widths, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with disabilities, aisle widths, garage dimensions and parking bay grades and 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.

3.44   The blind aisle for the residential garages shall be amended to include a 1m   extension for turning manoeuvres in accordance with the requirements of AS 2890.1. Single garages shall comply with Penrith Development Control Plan 2006 for full door opening (i.e. 3.2m × 5.4m).

4.     The individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns.

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 Greg Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

Councillor Mark Davies returned to the meeting, the time being 8:05 pm.

 

 

5        Development Application  DA09/0402 for Stage 4 of the Great River Walk at various lots between Victoria Bridge and the M4 Motorway, Emu Plains. Applicant: Penrith City Council;  Owner: Penrith City Council, Department of Planning, Department of Lands, Roads & Traffic Authority.                                                                                                          DA09/0402

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

That:

1.     The information contained in the report on Development Application  DA09/0402 for Stage 4 of the Great River Walk at various lots between Victoria Bridge and the M4 Motorway, Emu Plains be received.

2.     The DA09/0402 for Stage 4 of the Great River Walk be approved, subject to the following conditions:

2.1  Standard

          A001 (Approved Plans)

          A011 (Engineering Works DCP)

          A019 (Occupation Certificate)

          A039 (Graffiti)

          A046 (Construction Certificate)

          C003 (Uncovering Relics)

          D001 (Erosion & Sediment Control)

          D002 (Spraygrass)

          D009 (Waste Storage Areas)

          E001 (BCA Compliance)

                   E002  (BCA issues to be addressed- insert ‘Handrails and balustrades on stairs, landings and decks where the external ground surface is more than 1 metre below the floor level, must comply with the BCA, specifically in regard to height and having no gaps in excess of 125mm’)

          E006 (Disabled Access and Facilities)

          H001 (Stamped Plans & Erection of Site Notice)

          H002 (All forms of Construction)

          H003 (Traffic Control Plan)

          H011 (Engineering Plans and Specifications)

          H041 (Hours of work)

          L001 (General)

          L005 (Planting of Plant Material)

          L006 (Aust Standard)

          L008 (Tree Preservation Order)

          P001 (Applicants Cost)

          Q01f  (Notice of Commencement & Appointment of PCA)

Special Conditions

2.2    Any areas disturbed during construction works are to be suitably rehabilitated

2.3    A soil and water management plan is to be prepared and submitted to the Principal Certifying Authority prior to the commencement of works on site

2.4    Consideration is to be given to the provision of sheltered rest areas, suitable for persons with limited mobility, where appropriate

2.5    The gravel path identified behind Emu Hall is to remain an informal grassed path. Bollard markers are to be a maximum 300mm high

26     Path linemarking and regulatory signage is to be provided in accordance with Section 6.2 of the RTA’s NSW Bicycle Guidelines 2005

2.7    Shared-use path advisory signage G9-259-1 Keep Left and G9-259-2 Warn When Approaching is to be provided in accordance with Section 6.6 of the RTA’s NSW Bicycle Guidelines 2005

2.8    Consideration is to be given to the provision of bike parking facilities at the key areas of Stage 4 of the Great River Walk, such as the amphitheatre and/or lookout points

2.9    Shared-use path crossing signage shall be installed for both approaches at the crossing at the southern most point of the pathway

2.10  The gradient at the southernmost point of the pathway is to be rectified to assist cyclists/people with a disability who are required to stop at the road edge

2.11  Under the Roads Act, 1993 the following works are to be approved by Penrith City Council before the commencement of works.  Plans and inspection fees are to be lodged with Penrith City Council for the following works in the road reserve:

(a)     Provision of the concrete path and handrails adjoining the proposed kerb & gutter in River Road.

         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

 

 

2.12  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

2.13  The plans are to be structurally certified by a qualified practising structural engineer.  The structural certification, along with any Geotechnical investigations, are to be submitted for consideration and approval prior to the issue of a Roads Act Approval

2.13  Prior to the issue of a Construction Certificate, all fees associated with Penrith City Council-owned land and infrastructure shall be paid to Council.  These fees include Road Opening fees and Infrastructure Restoration fees.

3.     Those making submissions 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 Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

6        Fire safety assessment of Erskine Park Shopping Centre. Applicant: Nil;  Owner: G.E.S.P. Pty Limited                                                                                                                          

248  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Fire safety assessment of Erskine Park Shopping Centre be received.

2.     Council prepare a Notice of Intention to Serve an order incorporating all items identified by the Brigade and Council.

3.     The Brigade be advised on the action taken by Council.

 

 

 

 

 

 

7        Fire safety report on 37 Leland Street Penrith. Applicant: Nil;  Owner: Mr. Spiro Gouriotis & Mrs. Areti Gouriotis                                                                                                           

249  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Fire safety report on 37 Leland Street Penrith be received.

2.     Council prepare a Notice of Intention to Serve an order incorporating all items identified by the Brigade and Council.

3.     The Brigade be advised on the action taken by Council.

 

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

Councillor Tanya Davies returned to the meeting, the time being 8:14 pm.

 

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

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.

4.10    Attic windows – The attic windows on the south western elevation are to be constructed of frosted glass.

5.     Those persons who have made submissions be notified of the determination.

 

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 Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

A Liveable City

 

8        Purchase of a New Emergency Response Vehicle for the Penrith State Emergency Service 

251  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Purchase of a New Emergency Response Vehicle for the Penrith State Emergency Service be received.

2.     Council proceed with a motor vehicle subsidy application to the NSW State Emergency Service for the purchase of a new emergency response vehicle for the Penrith State Emergency Service.

 

9        Naming of a Park in St Marys                                                                                           

252  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies

That:

1.     The information contained in the report on Naming of a Park in St Marys be received.

2.     Council endorse the naming of the sporting fields on Roper Road, Colyton as ‘Kevin Dwyer Park’ and make application to the Geographical Name Board for the official gazetting.

3.     Following gazettal, an official naming ceremony be held at the sporting fields.

 

 

 

 

 

10      Federal Government 2010/2011 "Auslink Black Spot Program" Submissions              

253  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Federal Government 2010/2011 "Auslink Black Spot Program" Submissions be received.

2.     Council endorse the six projects listed under Table 1 of this report for submission to the Roads and Traffic Authority for funding under the Federal Government 2010/2011 “Auslink Black Spot Program”.

3.     The Roads and Traffic Authority be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in Table 2 of this report.

 

 

11      Proposal to close parcel of land located between Reddington Avenue and Diamantina Close, St Clair                                                                                                                                

254  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Proposal to close parcel of land located between Reddington Avenue and Diamantina Close, St Clair be received.

2.     Investigations continue into the reclassification of the land and its potential subdivision and disposal, including possible disposal to the five landholders as suggested by Mr Robert Richardson.

3.     Temporary fencing and security gates be erected as soon as possible to prevent access to this location during the investigation.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Fundraising for Starlight Foundation                                                                       

Councillor Marko Malkoc requested a report to Council outlining ways in which Council can promote the efforts of  local junior Aaron Nielsen, in his walk from CUA Stadium in Penrith to Bondi Beach on 11 September 2009, to raise funds for the Starlight Foundation.

 

QWN 2      Telstra Pit - Cassia Close, St Clair                                                                          

Councillor Tanya Davies requested a memo reply concerning a dangerous, broken cement pit, in Cassia Close, St Clair, seeking urgent contact to be made with Telstra to have this pit repaired.

 

QWN 3      Dangerous Trees behind Elouera Crescent, Claremont Meadows                        

Councillor Tanya Davies requested a memo reply concerning dangerous trees which are growing on Council owned land behind a resident’s property in Elouera Crescent, Claremont Meadows, one of which has died and is leaning against the resident’s fence. 

 

QWN 4      Arms of Australia Inn Museum                                                                                

Councillor Ben Goldfinch requested a memo reply concerning ownership of the land adjacent and behind the Arms of Australia Inn Museum which the Museum would like to use for the establishment of a regional museum.

 

QWN 5      Tree Pruning in South Penrith area                                                                          

Councillor Mark Davies requested a memo reply to all Councillors concerning complaints received about the degree of tree lopping and pruning that has recently taken place in the South Penrith area.

 

QWN 6      Leave of Absence                                                                                                     

Councillor Robert Ardill requested Leave of Absence from 9 August 2009 to 24 August 9009 inclusive.  

 

QWN 7      Fire Safety Assessments and Reports                                                                     

Councillor Ross Fowler OAM requested a report to Council outlining the feasibility of Fire Safety Assessments and Reports being dealt with under delegated authority, instead of being reported to Council.

 

QWN 8      St Marys Spring Festival                                                                                          

Councillor Jackie Greenow requested a memo reply to all Councillors on the possibility of Council entering a float in the forthcoming St Marys Spring Festival.

 

QWN 9      National Tree Planting Day                                                                                      

Councillor John Thain thanked Council staff involved for their efforts in the planting for National Tree Day, on 2 August 2009 at Greygums Oval.

 

QWN 10    Volunteer Training Seminar - Nepean Community College

Councillor Greg Davies declared a Non-Pecuniary Conflict of Interest - Less than Significant in this matter, as he is a member of the Nepean Community College Board, and left the meeting, the time being 8:30 pm.

                  

Councillor John Thain requested that an amount of $1,800 ($600 each from South, North and East Wards) be allocated to the Nepean Community College for the purpose of conducting a Volunteer Training Seminar.

 

 

255  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri 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.

 

256  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that an amount of $1,800 ($600 each from South, North and East Wards) be allocated to the Nepean Community College for the purpose of conducting a Volunteer Training Seminar.

 

QWN 11    Advertising signage for Garage Sales                                                                     

Councillor John Thain requested a memo reply concerning providing information to the community regarding the use of signs advertising garage sales, reminding residents that these signs should be removed upon conclusion of the garage sale, to avoid incurring fines.

 

Councillor Greg Davies returned to the meeting, the time being 8:32 pm.

 

QWN 12    Fencing of a Reserve in Erskine Park - Cnr of Kestrel Crescent and Whistler Crescent                  

Councillor Greg Davies requested a report to Council outlining the cost of fencing the reserve in Erskine Park that is bounded by Kestrel Crescent and Whistler Crescent, to prevent access by vehicles and resultant antisocial behaviour.

 

QWN 13    Footpath Amenity Audit - Southern Side of Great Western Highway                   

Councillor Greg Davies requested a report to Council outlining the results and possible solutions and costs of the Footpath Amenity Audit carried out on the Southern side of the Great Western Highway between Monfarville Street and Marsden Road, St Marys on 28 July 2009.

 

QWN 14    Recycling of Batteries and Household Chemical Waste                                        

Councillor Kath Presdee requested a memo reply to all Councillors concerning the feasibility of Council establishing opportunities to recycle batteries and other household chemical waste items, as an alternative to disposing of them through landfill.

 

QWN 15    Glenmore Loch                                                                                                          

Councillor Prue Guillaume requested a memo reply to all Councillors providing an update on progress of improvements to Glenmore Loch and surrounds at Glenmore Park, including landscaping works, and whether Section 94 funds could be used to fund these works.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:35 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        The passing of John Gribble

 

 



Ordinary Meeting

24 August 2009

A Leading City

 

Mayoral Minute

The passing of John Gribble

 

 

Mr John Gribble, a member of Council's Heritage Committee since March 2005 and Vice President of the Nepean District Historical Society for several years, passed away suddenly on 20 June 2009 aged 70 years. A lifelong resident of Penrith City and the lower Blue Mountains, he will be greatly missed by all who knew and worked with him.

 

John was a passionate advocate for the heritage of our region, a visionary who worked tirelessly to see his ideas come to fruition. He joined the Nepean District Historical Society in 2002, and was a driving force in many projects. John’s dedication in overseeing the restoration team at The Arms of Australia Inn, resulted in many of its artefacts being returned to full working order.

 

John’s passing is a sad loss to this region, and on behalf of Council I would like to offer our deepest sympathy to John’s widow Yvonne, their family and his many friends and colleagues.

 

 

 

Jim Aitken OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on The passing of John Gribble be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 August 2009

 

2        Report and Recommendations of the Access Committee Meeting held on 5 August 2009

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 17 August 2009

 

 



Ordinary Meeting

24 August 2009

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 August, 2009

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Pat Sheehy AM – Representative for the Member for Londonderry, Sergeant Natasha Crawford - Penrith Police, Constable Bill Pearson - Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, Wayne Mitchell – Group Manager, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer

 

IN ATTENDANCE

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

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow, Councillor Karen McKeown – Representative for the Member for Mulgoa.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 July 2009

The minutes of the Local Traffic Committee Meeting of 6 July 2009 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Desborough Road, St Marys - Pedestrian Crossing Review                                           

RECOMMENDED

That:

1.     The information contained in the report on Desborough Road, St Marys - Pedestrian Crossing Review be received.

2.     The pedestrian crossing at the corner of Monfarville Street and Desborough Road, St Marys be removed and a median island and pedestrian refuge be constructed in its place.

3.     The pedestrian crossing at the corner of Glenview Street and Desborough Road, St Marys be removed.

4.     The red and white coloured Children’s Crossing flag poles at the existing pedestrian refuge adjacent to the school’s side-entry gate on Desborough Road, St Marys be removed.

5.     Consultation be undertaken with the resident at 84 Monfarville Street regarding signage changes fronting the property at this location, and any substantial objections be referred back to the Local Traffic Committee.

6.     Subject to no substantial objections being raised by the affected resident, the existing ‘No Parking’ signage on the eastern side of Monfarville Street, immediately north of the intersection with Desborough Road, St Marys, be changed to ‘No Stopping’.

7.     Costs associated with the removal of the crossings and provision of the median/pedestrian refuge be funded from the 2009-2010 Urgent Local Traffic Committee facilities budget.

8.     Signage be provided on-site two weeks prior to and two weeks following removal of the crossings, advising “Changed Traffic Conditions – No Longer a Pedestrian Crossing”, or similar.

9.     Councillor Jackie Greenow and the resident be advised of Council's resolution.

 

 

2        Carrington Road & Bennett Road, Londonderry - Proposed Road Safety Improvements      

RECOMMENDED

That:

1.     The information contained in the report on Carrington Road & Bennett Road, Londonderry - Proposed Road Safety Improvements be received.

2.     The intersection of Carrington Road and Bennett Road, Londonderry be submitted to the Roads and Traffic Authority under the 2010/11 National Blackspot Program for works including realigning the Bennett Road approach to Carrington Road, providing a Median Island Stop Treatment (MIST) in Bennett Road, and reducing the high speed left turn from Carrington Road into Bennett Road by way of a suitable island and/or pavement geometry changes.

3.     Interim measures at the intersection of Carrington Road and Bennett Road be introduced immediately, pending Blackspot approval, with these being:

 

·    Stop signage and lines for both legs and double-barrier linemarking for the eastern leg

·    Advance ‘Stop Sign Ahead’ warning signs for both legs

·    Advance ‘T-Intersection’ warning signs for all approaches, and

·    Edge lines and RRPMs as appropriate.

4.     Council’s City Works Manager be requested to investigate possible pavement upgrades to the western leg of the intersection, to minimise the impact of the high speed left entry from Carrington Road into Bennett Road, Londonderry.

5.     The maintenance regime of the triangular island under Council’s grass slashing program be reviewed by Council’s City Works Manager to ensure safe intersection sight distance is maintained.

6.     The Roads and Traffic Authority be requested to investigate the speeds on both Bennett Road and Carrington Road, with a view to reducing the speed limit should they deem it appropriate.

7.     Additional flexible lane dividers to be placed at the intersection subject to design and site survey.

8.     Allan Shearan MP and Councillor Kevin Crameri OAM be advised.

 

 

3        East Lane, St Marys - Proposed Modification of Existing 'No Parking' Restrictions   

RECOMMENDED

That:

1.     The information contained in the report on East Lane, St Marys - Proposed Modification of Existing 'No Parking' Restrictions be received.

2.     Consultation be conducted with affected shop keepers and owners regarding the installation of regulatory signage and any substantial objections be referred back to the Local Traffic Committee.

3.     Subject to no substantial objections from local businesses, unrestricted parking be provided on the east side of East Lane, 10m north of the King Street intersection (left arrow); the east side of East Lane, 92m north of the King Street intersection (right arrow); the west side of East Lane, at the rear of property 188 Queen Street, St Marys (right arrow); the west side of East Lane, at the rear of property 178-182 Queen Street, St Marys (left arrow); the west side of East Lane, at the rear of property 170 Queen Street, St Marys (right arrow); the west side of East Lane, at the rear of property 170 Queen Street, St Marys (left arrow); the east side of East Lane, 10m south of the Chapel Street intersection (right arrow) and the east side of East Lane, 60m south of the Chapel Street intersection (left arrow).

4.     An audit be conducted of missing ‘No Parking’ signs on East Lane, and any required signs be reinstalled.

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

 

 

4        Homestead, Wentworth & Kingswood Roads, Orchard Hills - Road Safety Concerns 

RECOMMENDED

That:

1.     The information contained in the report on Homestead, Wentworth & Kingswood Roads, Orchard Hills - Road Safety Concerns be received.

2.     The current Median Island Stop Treatment (MIST) at Homestead and Kingswood Road, Orchard Hills be improved and formalised under an urgent LTC budget.

 

3.     The Roads and Traffic Authority be requested to review and lower the speed limit on Homestead, Kingswood and Wentworth Roads, Orchard Hills to a consistent and safe standard.

4.     Penrith/St Marys Police be requested to undertake speed enforcement of Homestead, Kingswood and Wentworth Roads, Orchard Hills to reduce speeding vehicles and improve driver and pedestrian safety.

5.     An audit of advanced curve warning and crest warning signs be undertaken across Homestead, Kingswood and Wentworth Roads, Orchard Hills, and all required signage be installed.

6.     The Anglican School be requested to ensure that lighting is to standard near the access to their new school driveway.

7.     The Hon.Dianne Beamer MP and Councillor Kevin Crameri OAM be advised.

 

 

5        Wattle Lane, North St Marys - Request for One-Way Traffic & Parking Restrictions

RECOMMENDED

That:

1.     The information contained in the report on Wattle Lane, North St Marys - Request for One-Way Traffic & Parking Restrictions be received.

2.     Consultation be undertaken with St Marys North Public School, affected shop owners and occupiers, and any substantial objections be referred back to the Local Traffic Committee.

3.     Subject to no substantial objections being received, Wattle Lane be restricted to one-way traffic travelling in a northerly direction.

4.     The north-eastern side of Wattle Lane, where it meets the boundary of St Marys North Public School, be signposted as ‘No Stopping’.

5.     Council to forward a Traffic Management Plan to the Roads and Traffic Authority for approval following the consultation period.

6.     Council Rangers be advised of Council’s resolution.

 

 

GENERAL BUSINESS

 

GB 1          Bringelly Street, North of Orth Street, Kingswood – Endorsement of Engineering Plan  (Raised Council)                                                                                                                          

Council’s Design Section has provided design plans for the removal of the existing pedestrian refuge, with an upgrade to a raised pedestrian crossing and associated works at Bringelly Road, Kingswood immediately north of Orth Street.  This report seeks to finalise the design plans and endorse the plans (Plan No. AB163) for construction.  The current proposal, with accompanying plan, shows a raised pedestrian crossing with kerb ramps, fencing and associated signage and linemarking.

 

The proposal addresses road safety issues associated with pedestrians crossing between the post office and small shopping strip in this area.  The project was funded as a Black Spot under the 2009/10 Nation Building Program, with construction to be completed by December 2009.  Pedestrian crossing signs (R3-1) are to be provided on either side of the pedestrian crossing in the direction of approaching vehicles.  Advance warning signs (W6-2) are also to be provided on each approach to the pedestrian crossing.  Associated linemarking and relocation of restricted parking signage (R5-400) will accompany construction works as per Plan No. AB163.

 

RECOMMENDED

That:

1.   Consultation be carried out with affected residents and businesses regarding the modifications to parking restrictions, with any substantial objections to be reported back to the Local Traffic Committee.

2.   Subject to no substantial objections being received, the design plans for the proposed pedestrian crossing in Bringelly Road, Kingswood immediately north of Orth Street, including all associated linemarking and signage as per Plan No. AB163, be finalised and endorsed for construction, with funding available under the 2009/10 Nation Building Program.

 

GB 2          Luddenham Road, Luddenham – Endorsement of Design Plan for Provision of Signs & Linemarking  (Raised Council)                                                                                                   

The Committee is requested to endorse regulatory signs and double-barrier linemarking associated with conceptual design plans produced for the length of Luddenham Road between Elizabeth Drive and Mamre Road.

 

The project has been funded as a Black Spot under the 2009/10 Nation Building Program, with construction to be completed by December 2009.  When implemented, the resulting remediation treatments are anticipated to reduce the number of accidents occurring on this road.

 

RECOMMENDED

That:

1.   Consultation be carried out with affected residents and businesses regarding the modifications to parking restrictions, with any substantial objections to be reported back to the Local Traffic Committee.

2.   Subject to no substantial objections being received, the conceptual design plans for the proposed regulatory signs and double-barrier linemarking improvements in Luddenham Road, Luddenham, between Elizabeth Drive and Mamre Road, be finalised and endorsed for construction, with funding available under the 2009/10 Nation Building Program.

 

 

 

 

 

GB 3          St Marys Road, Berkshire Park – Endorsement of Plan for Provision of Signs & Linemarking  (Raised Council)                                                                                                   

The Committee is requested to endorse regulatory signs and double-barrier linemarking associated with conceptual design plans produced for the length of St Marys Road, Berkshire Park, between Richmond Road and the Blacktown City Council boundary.

 

The project has been funded as a Black Spot under the 2009/10 Nation Building Program, with construction to be completed by December 2009.  When implemented, the resulting remediation treatments are anticipated to reduce the number of accidents occurring on this road.

 

RECOMMENDED

That:

1.   Consultation be carried out with affected residents and businesses regarding the modifications to parking restrictions, with any substantial objections to be reported back to the Local Traffic Committee.

2.   Subject to no substantial objections being received, the conceptual design plans for the proposed regulatory signs and double-barrier linemarking improvements in St Marys Road, Berkshire Park, between Richmond Road and the Blacktown City Council boundary, be finalised and endorsed for construction, with funding available under the 2009/10 Nation Building Program.

 

GB 4          Castlereagh Road & Lethbridge Street, Penrith – Endorsement of Plan for Construction of Roundabout  (Raised Council)                                                                                                

Council’s Design Section has provided design plans for the installation of a single lane roundabout at the intersection of Castlereagh Road and Lethbridge Street, Penrith.  This report seeks to finalise the design plans and endorse the plans (Plan No. 8782-SK1) for construction.  The current proposal, with accompanying plan, shows a roundabout with extended length of raised median and associated signage and linemarking.

 

The proposal addresses road safety issues associated with cross traffic accidents occurring at this intersection.  The project was funded as a Black Spot under the 2009/10 Nation Building Program, with construction to be completed by December 2009.  Associated linemarking, with relocation and installation of new parking signage, will accompany construction works as per Plan No. 8782-SK1.

 

The Committee noted that additional ‘Keep Left’ signage was installed on the roundabout splitter islands.  The repeat signage should be removed and flexible post ‘Keep Left’ signage installed to accommodate bus swept paths.

 

RECOMMENDED

That:

1.   Plan No. 8782-SK1 be endorsed subject modifications to the ‘Keep Left’ signage.

 

2.   Community consultation be carried out with all affected stakeholders regarding the relocation of signage, with any substantial objects referred back to the Local Traffic Committee.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:45am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 August, 2009 be adopted.

 

 

 


Ordinary Meeting

24 August 2009

A City of Opportunities

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 5 August, 2009

 

 

 

PRESENT

Councillor Prue Guillaume (Chair), Councillor Jackie Greenow, John Farragher, Ronda Hopkins, Sherille Stephens, Tricia Hitchen (5.15pm), Councillor Robert Ardill (5.17pm), Michael Morris (5.30pm).

 

IN ATTENDANCE

Greg Hall, Principal Planner; Robert Craig, Senior Environmental Planner; Vanessa Muscat, Environmental Health and Building Surveyor; Joe Ibbitson, Community Programs Co-ordinator; Ben Felten, Disability Access Officer; Erich Weller, Community and Cultural Development Manager; Hans Meijer, City Works Manager; Steve Barratt, Regulation and Compliance Unit Co-ordinator; Paul Humphreys, Training and Development Co-ordinator; Glen Tuckwell, Building Maintenance Supervisor; David Godham, Access Consultant; Rodney Paesler, Scott Carver Architects; Andrew Robinson, Recreation Manager (5.15pm).

 

APOLOGIES

An apology was accepted from Denise Heath.

 

CONFIRMATION OF MINUTES - Access Committee Meeting – 3 June 2009

The minutes of the Access Committee Meeting of 3 June 2009 were confirmed with the following amendments:

 

GB3     Information concerning Arts and Crafts for People with Disabilities

 

Nepean Disability Social Group is establishing an arts and crafts group.

 

GB4     Nepean Disability Social Group

 

The Nepean Disability Social Group room at the back of Penrith PCYC will be open one day a week from September until the end of December.  From February next year the room will be open three days a week – Monday, Wednesday and Friday.

 

DECLARATIONS OF INTEREST

 

Tricia Hitchen declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 3 - Development Application DA09/0654 Proposed Swim School at Shop 1, Lot 21 Lavin Crescent, Werrington County, as she is a friend of the applicant.

 


MASTER PROGRAM REPORTS

 

A LEADING City

 

1        Disability Awareness Training                                                                                           

Paul Humphreys spoke to the report advising that 170 staff had participated in Council’s Disability Awareness training initiatives during 2008/09.

 

Tricia Hitchen and Andrew Robinson arrived at the meeting, the time being 5.15pm.

 

Paul Humphreys described the Access and Mobility Standards training held for 57 professional staff.  A new Diversity training program was also delivered to 60 employees in the 2008/09 financial year.

 

Paul Humphreys gave an overview of the actions in the Draft Penrith Inclusion Plan 2009-2013 which related to staff training.

 

Councillor Robert Ardill arrived at the meeting, the time being 5.17pm.

 

Rodney Paesler arrived at the meeting, the time being 5.20pm.

 

Councillor Greenow proposed that new Councillors should do the blindfold and wheelchair training when they commence with Council.  The last time the training was held it didn’t include these components for all attendees.  Erich Weller advised that not enough wheelchairs were available on the day.  Both Councillor Greenow and Councillor Guillaume agreed that this training should be mandatory.

 

Ronda Hopkins enquired if there was anyone else with a disability other than Ben Felten at the training session.  Paul Humphreys advised that John Little, who is in a wheelchair, attends these sessions.

 

Ben Felten undertook to ensure that more wheelchairs and blindfolds will be available for the next Councillor training session.  This training is planned to be held after the election of each term of councillors.

 

Sherille Stephens enquired how much training the field staff undertake.  Paul Humphreys replied that the team leaders attend the Disability Awareness for Customer Service training and every new staff person does the Diversity training.  The diversity sessions aim at all target groups.

 

Sherille Stephens advised that she is aware of a number of occasions where field staff have started up machines in front of guide dogs.  This can also cause a person using a cane to lose their balance.

 

Paul Humphreys agreed to undertake short refresher training sessions where needed.

 

RECOMMENDED that the information contained in the report on Disability Awareness Training be received.

 

The Committee held a meal break at 5.28pm.

 

Michael Morris arrived, the time being 5.30pm.

 

The meeting resumed at 5.38pm.

 

A Liveable City

 

4        CUA Stadium, Penrith Park and Howell Oval Redevelopment                                       

Andrew Robinson introduced the report which outlined the redevelopment of the southern grandstand at CUA Stadium, Penrith Park and a cricket pavilion at Howell Oval.  The western grandstand was completed in 2005/06 and the eastern grandstand was finished last year.

 

Andrew Robinson advised that a working party has approved the scope of works and the DA was submitted on 31 July 2009.

 

Rodney Paesler from Scott Carver Architects gave a presentation of the concept designs.  He gave an overview of the design and showed slides of the plans and artist impressions of the redevelopment.

 

Councillor Greenow enquired if more detailed plans would be coming back to the Access Committee.  Greg Hall advised that the plans would be brought to the October meeting.

 

The Committee raised the following issues:

 

·    accessible parking

·    undercover seating areas for people in wheelchairs

·    accessible seating

·    drop-off point for people with disabilities

·    continuous path of accessible travel between grandstands

·    path of travel from the Leagues Club

·    signage – “accessible seating not available from this entrance”

·    inequity with undercover disabled seating being only available in the grandstand – extra cost

·    difficulty of multiple people sitting together with a person or a number of people in wheelchairs.

 

Discussion was held regarding writing to Panthers to ask for a concession for disabled seating.  Councillor Guillaume suggested bringing this matter up in General Business.

 

Andrew Robinson advised that the Committee’s comments regarding the seating, the southern grandstand and the linkages would be taken on board.  It is possible to discuss these matters with Panthers management.  The issues would also be taken into consideration when completing the master plan for the stadium. 

 

RECOMMENDED that the information contained in the report on CUA Stadium, Penrith Park and Howell Oval Redevelopment be received.

 

 

 

Greg Hall, Andrew Robinson, Rodney Paesler and David Godham left the meeting, the time being 6.25pm.

 

A City of Opportunities

 

2        Disability Access Improvement Program                                                                          

Ben Felten spoke to the report and detailed information on the projects completed in the last financial year.  An overview was also given of the proposed budget for the current financial year.

 

Greg Hall returned to the meeting at 6.28pm.

 

Erich Weller explained that the expenditure for 2009/10 was a general description of the allocation and particular target project – this will be subject to more detailed quotes and discussions with managers. 

 

Ben Felten advised that projects chosen for improvement come via a number of ways including an access audit, coming through the Access Committee or are raised by Council officers.  Each individual project is assessed on its own merits.  Projects with safety issues are of the highest priority.

 

Joe Ibbitson advised that in terms of present projects accessible toilets and access to the Passadena Room were on the list.

 

Erich Weller said that it is important to use these funds as leverage with other parts of the organisation.  Disability Access Improvement Program money can be added to finance from other departments. Safety is a prime consideration in determining where those funds are used.

 

Sherille Stephens advised that she could not access the U3A building on Castlereagh Street.  There are also a large number of overhanging trees and green matter on the concrete.

 

Glen Tuckwell advised that a design has been completed for a compliant ramp to the building.

 

Glen Tuckwell undertook to remedy the slippery path as part of the maintenance program.

 

RECOMMENDED

 

          That:

 

1.     The information contained in the report on Disability Access Improvement Program be received.

2.     The list of proposed projects identified in the report be included in the 2009/10 Disability Access Improvement Program.

 

 

 

 

 

 

 A Green City

 

3       Development Application Referrals to the Access Committee                                        

DA09/0629          Unit 1, 130-142 Forrester Road, St Marys – Use of existing industrial unit as a place of worship

 

Robert Craig gave an overview of the DA for Unit 1, 130-142 Forrester Road, St Marys which is proposing church services be held on Sunday mornings and evenings.  This is outside of the peak period when the site would be used by other tenants.  There are 57 carpark spaces on site.  The maximum congregation is about 50 parishioners.  Permission has been obtained from other unit holders to use the carpark spaces out of hours.  It is planned to convert two existing spaces to an accessible parking space and put in a ramp.

 

Councillor Greenow queried why the accessible toilet is outside the building.  Steve Barratt proposed that the location of the accessible toilet be discussed with the applicant so that the design can be adjusted to achieve an acceptable outcome.

 

DA09/0654          Proposed Swim School at Shop 1, Lot 21 Lavin Crescent, Werrington County

 

Tricia Hitchen declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 3 - Development Application DA09/0654 Proposed Swim School at Shop 1, Lot 21 Lavin Crescent, Werrington County, as she is a friend of the applicant.

 

Robert Craig advised that this application is for the use of an existing retail unit for the purpose of conducting swimming lessons.  There are 11 carpark spaces including an accessible carspace with a ramp in close proximity to the entry.

 

A ramp will be provided to access the building.  People with a disability would have to access the pool with the aid of the instructor.  New amenities and showers are part of the proposal.

 

Michael Morris pointed out that the 1,400mm width on the lower side of the swimming pool is not wide enough for a wheelchair.

 

Steve Barratt agreed with Michael Morris that the pool deck and surrounds should be as safe as possible not to discriminate against people with disabilities.

 

Ben Felten emphasised that it is very important access be provided in and out of the pool for people with a disability.  Lifting people in is not dignified.  This can be achieved by installing a ramp or a pool hoist.  If access is not provided it is a breach of the DDA.

 

Ben Felten informed the meeting that to provide a fully accessible venue an accessible shower room and toilet would need to be provided.

 

Steve Barratt advised that at DA stage the issues of the width of walkways around the pool and access into the pool would need to be addressed.  When at Construction Certificate stage there will be more detailed measurements in the plans.  There will be conditions on the development consent which will need to be discussed with the applicant.

 

Robert Craig left the meeting, the time being 7.03pm.

 

DA09/0746                   “Supa Centre”, Patty’s Place, Jamisontown

 

Greg Hall spoke to the DA proposal for extensions to the “Supa Centre” at Patty’s Place, Jamisontown.  This application is for a single storey ground floor extension to the existing centre.  The ground floor will comprise a mall area and 10 tenancy units.  There will be changes to the existing carpark and internal road layout.  An access report has been provided.

 

The Committee discussed the following issues:

 

·    the slope of the ramp at the front entrance

·    internal and external seating

·    a possible pathway

·    accessible toilets

·    an extra pedestrian crossing in the carpark

·    access from the underground carpark.

 

Sherille Stephens left the meeting, the time being 7.16pm.

 

Erich Weller left the meeting, the time being 7.16pm.

 

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

 

 

GENERAL BUSINESS

 

GB 1          Panthers Ticket Prices

 

Councillor Guillaume suggested that a letter be sent to Panthers regarding the cost of tickets for people with disabilities to use the grandstand.

 

Some suggestions for inclusion in the letter to Panthers were:

 

·    thanking them for their previous assistance

·    indication of accessible seating on the website

·    provision of seating plan for ticket sales

·    being part of the Companion Card Scheme

·    including a drop-off point

·    provision of covered disabled seating

·    access for people in a wheelchair, needs to be more concourse level seating

·    ensure that all staff, including security staff, are aware of arrangements that are provided to people with disabilities

·    distance from railway station and how many carpark spaces are available - important information for the webpage.

 

Erich Weller returned to the meeting at 7.20pm.

 

Greg Hall left the meeting at 7.20pm.

 

Ronda Hopkins stated that she doesn’t want to be made to feel different from other people and doesn’t want to be treated differently.  She would like to have access and be treated the same as an able bodied person.

 

Councillor Guillaume left the meeting at 7.26pm and did not return.

 

Councillor Jackie Greenow then took the Chair for the remainder of the meeting.

 

 

GB 2          Nepean Private Hospital

 

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

 

Steve Barratt advised that a memo had been sent out to Committee members on 31 July 2009.

 

Steve Barratt advised that a meeting was held with the hospital and a practical solution to the problems was agreed to.  Ben Felten advised that all the issues previously raised by Committee members were discussed at the meeting.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.32pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 5 August, 2009 be adopted.

 

 

 


Ordinary Meeting

24 August 2009

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 17 August, 2009

 

 

 

PRESENT

Deputy Mayor Councillor Ross Fowler OAM, Councillors Kaylene Allison, Kevin Crameri OAM, Greg Davies (arrived 7:34pm), Mark Davies, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Robert Ardill for the period 9 August 2009 to 24 August 2009 inclusive.

APOLOGIES

Apologies were received for His Worship the Mayor, Councillor Jim Aitken OAM, Councillor Tanya Davies and Councillor Ben Goldfinch.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 27 July 2009

The minutes of the Policy Review Committee Meeting of 27 July 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

1        South Penrith Library Branch Location                                                                            

RECOMMENDED

That:

1.     The information contained in the report on South Penrith Library Branch Location be received.

2.     Council not take up the option of the lease for the South Penrith Branch Library in the redeveloped Southlands Shopping Centre.

3.     Other innovative options for decentralised delivery of library services be evaluated as part of the current longer term review planning process.

4.     St Clair Library continues its current extended hours of operation.

5.     A further report by officers be prepared for presentation to the Library Working Party canvassing options for a physical library location on the South side of Penrith, giving details of specific sites, funding models and investigating innovative ideas for the provision of library services.

 

 

A Green City

 

2        Unauthorised Business Operating in Rural Areas                                                           

RECOMMENDED

That:

1.     The information contained in the report on Unauthorised Business Operating in Rural Areas be received.

2.     All matters relating to the issue of orders and the commencement of proceedings relating to unauthorised business activities in rural areas be deferred until after the LEP process for Stage 1 is finalised by the Council, with the exception of those matters that have the potential to present a significant risk of harm to human health, property or the environment.

 

 

A Liveable City

 

3        Development Contributions Plan Review                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Development Contributions Plan Review be received.

2.     A progress report be submitted to the Minister in accordance with this report, advising of the outcomes of the review of the WELL Contributions Plan, Glenmore Park Stage 2 Contributions Plan and the Claremont Meadows Stage 2 Contributions Plan.

3.     The Minister be requested to make new Contributions Plans for WELL and Glenmore Park Stage 2 including the revised amounts detailed in this report.

4.     The Minister be requested to remake Claremont Meadows Stage 2 Contributions Plan in accordance with the plan adopted by Council on 13 December 2004.

5.     In accordance with the Minister’s Direction, Council cease to apply the levy under the Library Facilities Plan.

 

GENERAL BUSINESS

 

GB 1          The Bennett Wagon                                                                                                  

Councillor Jackie Greenow requested that an amount of $4,000.00 be allocated in equal amounts from each ward’s voted works to cover the cost of the horses required to pull the Bennett Wagon down Queen Street during the St Marys Spring Festival.

 

 

 

RECOMMENDED that the matter be brought forward as a matter of urgency.

 

The Deputy Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

RECOMMENDED that an amount of $4,000.00 be allocated in equal amounts from each ward’s voted works to cover the cost of the horses required to pull the Bennett Wagon down Queen Street during the St Marys Spring Festival.

 

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

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 17 August, 2009 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

A Leading City

 

1        2008-2009 Management Plan ~ June Quarter and Year End Review

 

2        Summary of Investments & Banking for the period 1 July 2009 to 31 July 2009

 

URGENT

 

11      NSW Local Infrastructure Fund application for Caddens Release Area infrastructure

 

A City of Opportunities

 

3        NAIDOC Week 2009 Activities

 

A Green City

 

4        Applications for grant funding opportunities

 

5        Development Application DA08/0657 Review of Determination for Home Business-Barber at Lot 199 DP 240525 (No. 73) Maxwell Street, South Penrith. Applicant: Ian Dick;  Owner: Robyn Dick and Ian Dick DA08/0657

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

 

6        Release Restrictive Covenant applying to Lot 119, DP 1088137 (No. 22) Heaton Avenue, Claremont Meadows and Approve Development Application DA09/0512 for the construction of a single storey dwelling. Applicant: Kane Sultana and Amy Walkerden;  Owner: Kane Sultana and Amy Walkerden DA09/0512

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

 

7        Release Restrictive Covenant applying to Lot 204 DP 1093617 (No. 51) Heaton Avenue, Claremont Meadows. Applicant: Masterton Homes Pty Ltd;  Owner: Ms Mary Camilleri DA09/0579

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

 

A Liveable City

 

8        Tender Reference 25-08/09 Civic Centre Lift Refurbishment and Maintenance Contract

 

9        2009 World Masters Games Baseball Competition at Samuel Marsden Reserve

 

A Vibrant City

 

10      Mulgoa Bicentenary Celebrations - 7 November, 2009

 


A Leading City

 

Item                                                                                                                                       Page

 

1        2008-2009 Management Plan ~ June Quarter and Year End Review

 

2        Summary of Investments & Banking for the period 1 July 2009 to 31 July 2009

 

URGENT

 

11      NSW Local Infrastructure Fund application for Caddens Release Area infrastructure

 

 



Ordinary Meeting

24 August 2009

A Leading City

 

 

 

1

2008-2009 Management Plan ~ June Quarter and Year End Review   

 

Compiled by:                Ken Lim, Management Planning Co-ordinator

Andrew Moore, Financial Services Manager

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 present the June Quarter and year end report on the performance of Council Services against the 2008-2009 Management Plan.  The report recommends that the review be adopted including revised estimates and expenditures as detailed in the report and that the proposed budget reallocations and amendments to tasks detailed in the Report be adopted.

Due to the size of the Performance and Financial Review document, copies are supplied to Council under separate cover.

The 2008-09 financial year presented a number of challenges for Council as the impacts of the Global Financial Crisis were felt.  Economic growth across the globe contracted and this impacted Council particularly in the areas of development related income and investment income. The result being reported for 2008-09 is a deficit of $149,801, but again this is subject to year end processing and checking.  This predicted deficit is made up of a number of both positive and negative variances and is after allowing for works proposed for revote.

 

Despite the challenges faced by Council operational savings achieved throughout the year have enabled Council to respond to emerging priorities and absorb some of the impacts of the economic downturn.

 

Background

In accordance with the Local Government Act 1993, the 2008-2009 Management Plan Performance Report, for the year ending 30 June 2009, is presented tonight for Council’s consideration.

 

This is the fourth and final quarterly progress review of Council’s 2008-2009 Management Plan, which is the final year of Council’s program for its Strategic Plan for the City of Penrith 2005-2009, Penrith City – The Competitive Edge.

 

Managers have provided details of progress in accordance with their assigned accountabilities. This includes delivery of the ongoing requirements of services, progress of annual tasks and projects and performance against budget. Commentary has also been provided on key achievements for the year, as well as issues arising that have impacted on the delivery of the annual program.

 

The General Manager’s report on the 2008-2009 year is included in the review document. As the report indicates, progress in the fourth quarter completed a year of achievements across all Services in the Management Plan which constitutes a solid outcome for 2008-2009, as the final instalment of Council’s 2005-2009 Strategic Program.

 

The Financial Services Manager’s report is also contained within the review document, and includes information on budget performance, significant issues and proposed variances.

 

The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any area of the program.

Financial Position

The 2008-2009 Financial Statements are currently being completed and will be presented to Council in September and include a detailed explanation of Council’s financial position. 

 

The quarterly review process focuses mainly on performance against budget.  Details of significant variations are included in the review document.  The status and final cost of all 2008-09 projects is also included, as well as a list of incomplete works recommended for revoting to the 2009-10 Operational Plan.  All actual figures are subject to end-of-year adjustment and audit.

 

The 2008-09 financial year was a turbulent year for the global economy and Council was not immune from the impacts of the Global Financial Crisis.  Economic growth across the globe contracted and this impacted Council particularly in the areas of development related income and investment income. During 2008-09 salary savings due to vacancies combined with additional rating income and operational savings, enabled Council to respond to emerging priorities and absorb some of the impacts of the economic downturn. These priorities have included funding to Ripples ($190,000 March Review), stores and tools written off ($188,000 September Review), Legal Costs ($150,000 December 2008), Plant Fuel ($169,000 June, December and September Reviews), and Essential Fire Safety ($120,000 March Review). 

 

In addition the Long Term Financial Model had foreshadowed  that the 2009-10 budget would have an initial deficit budget if previous service levels were continued.  To ensure that the 2009-10 Operational Plan could deliver a balanced budget a number of transfers to Council’s Asset Reserve occurred throughout the year.  These transfers included; Council’s 2007-08 surplus of $235,280, $389,684 of additional Financial Assistance Grant received in September 2008 and $400,000 of surplus funds identified in the March 2009 Review. The $1,024,964 allocated to this reserve in 2008-09 has been allocated to fund projects in 2009-10 that would usually be funded by general revenue, thus assisting in producing an initial balanced budget for 2009-10.

 

At this stage it is anticipated that the result, after allowing for the above, will be a deficit compared to budget of $149,801, but again this is subject to year end processing and checking.  The proposed year end budget deficit is after a number of recommended allocations and assumes that the recommendations included in this report are endorsed. Considering the pressures on this budget during the year stemming from the continued downturn in building-related activity, declining interest rates, and the additional budget allocations made during the year, this is considered an excellent result. The $149,801 projected deficit is made up as follows:

                                                                                                                                        $000’s

Original budget surplus....................................................................................................... 190.5

1st Quarter variations adopted by Council ........................................................................ (143.2)

2nd Quarter variations adopted by Council......................................................................... (18.2)

3rd Quarter variations adopted by Council........................................................................... (10.0)

June Review - proposed................................................................................................... (168.9)

Projected Budget Year End Deficit………………………………….......................... (149.8)

 

During 2008-09 a number of revotes from general revenue totalling $16.5m were proposed and approved by Council as part of the quarterly review process.  These revotes were scrutinised as part of that review process and identified as continuing high priority tasks.  As part of the June review, these have again been reviewed, and no change in that previously identified high priority has occurred.

 

A report to Council to be presented in conjunction with the Annual Financial Statements in September will confirm the final budget position for 2008-09.

 

The more significant variations (F – favourable, U- unfavourable) for the quarter include:

                                                                                                                                         $000’s

Light Vehicle Fleet Management........................................................................................ 366 F

Transfer to Insurance Reserve ........................................................................................... 200 F

Street Lighting Charges...................................................................................................... 101 F

Plant Fuel............................................................................................................................ 96 F

Net Employee costs ..................................................................................................... (1,350)U

Interest on Investments....................................................................................................... (92)U

 

 

These together with minor variations and reallocations, are discussed in detail in the Financial Services Manager’s report in the summary review document.  Commentary is provided below on the more significant issues in the June 2009 quarterly review.

Net Employee Costs

Employee costs are the single biggest item of expenditure in the budget.  Across any year there will also be occasions when there is a delay in filling vacancies and some savings originated from these occurrences. A comparison of the final results for the June quarter against the original budget estimates showed additional employee costs of $1.95m (3%) from a total employee costs budget of $65.9m.  This area was again impacted by the movement in employee leave entitlements and the resignation/retirement of a number of long serving employees. Obviously this is a difficult area to accurately predict however modelling of the available data suggests that this trend will continue for the next few years.

 

The impact of the increase in costs relating to the resignation/retirement of a number of long serving employees and increasing leave balances across the organisation required an additional $2.3m compared to budget. It is proposed to transfer $600,000 from the Employee Leave Entitlement (ELE) Reserve to partly offset this variance. Prior to this proposed transfer 18.6% of the liability had been held in the reserve.  Council policy is to maintain an amount of 20%, averaged over three years, of leave entitlements (excluding annual leave) in the ELE Reserve.   Following the transfer the reserve will hold the equivalent of 15.7% of entitlements.  Analysis of employee leave entitlements, known and probable retirements resulted in the development of a strategy to bring the reserve back to the agreed 20% over the next three years and includes the $200,000 transfer to the Reserve already in the 2009-10 Operational Plan, and the inclusion of an increased annual transfer of $300,000 to the Reserve in the 2010-11 and 2011-12 base budgets.

 

Superannuation costs for 2008-09 were $73,864 over budget.  This small increase (1.5%) in superannuation reflects an increase in costs to Council for those members in the Defined Benefits Scheme (DBS). Council has 144 employees that are members of the DBS which requires members to contribute a percentage of their salary to superannuation. This percentage is reviewed and varied by the employees on an annual basis.  Council’s contribution is calculated based on the percentages nominated by employees. An increase in the percentages nominated by employees has resulted in this increase in superannuation costs. 

Interest on Investments $91,724 U (7%)

Council’s investment returns have continued to be impacted by a falling interest rate environment.  The significant reductions in the cash rate over the last 12 months combined with the final write off of Council’s two CDOs has resulting Investment Revenues being $92,000 below budget in June and $392,000 below for the full year.

Light Vehicle Fleet Management $365,551 U (25%)

Changes to the light vehicle management strategy throughout the year, combined with better than budgeted fuel costs have resulted in this overall saving. Accordingly the materials budget in 2009-10 has been decreased by $226,000 in line with this trend.

Street Lighting Charges $100,986 U (4%)

The 2008-09 Street Lighting budget was calculated with a 7% increase applied to Integral and 3% increase for Energy Australia. The eventual increase was below these estimates and a saving has been achieved.

Transfer to Insurance Reserve $200,000 F (39%)

Savings of $300,000 on the workers compensation premium were transferred to the Insurance Reserve in the March 2009 Review. In addition savings of $200,000 on the 2009-10 workers compensation premium has also been transferred to the Reserve in the original 2009-10 budget.  It is proposed to reduce the transfer to Reserve in 2008-09 by $200,000 to provide further funding towards the premium in 2008-09 thus reducing the reliance on general revenue in the current year.

Plant Fuel $96,276 f (12%)

The plant fuel budget was adjusted in the September and December reviews by an additional $265,000.  This adjustment was based on the average diesel fuel price ($1.36 per litre) experienced during the first half of the year extrapolated for the remainder of the financial year. Fuel prices have since decreased in the second half of the year ($1.03 per litre) generating savings of $96,000 in the June Review.

 

 

Other variations with no impact on the Surplus

Tipping Contract - $207,336

This payment is based on the tonnage amount at $110.50 per tonne. Estimating annual tonnages is uncertain and due to the high per tonnage cost small variations in tonnages can lead to large variations in costs. The 2008-09 estimate of tonnage was over by about 2,000 tonnes and represents a drop of 1,350 tonnes from 2007-08. The savings have been returned to the Waste Reserve.

 

Road and Footpath Reinstatement $103,552

Service authority and private restoration income for the quarter has exceeded expectations, which is offset against additional expenditure required for the requested works.

 

Subdividers Contributions, Roads - $105,353 

Additional Works in Kind developer contributions were received with a total of 13,330sqm of road pavement being dedicated to Council during 2008-09 in Erskine Park, Claremont Meadows and Cranebrook.

 

Subdividers Contributions, Drainage - $153,368

Additional Works in Kind developer contributions were received with drainage assets in Erskine Park, Claremont Meadows, and Cranebrook being dedicated to Council during 2008-09.

 

Section 94 (s94) Income - $1.1m

As part of the year end process additional interest income of $193,000 has been allocated to s94 plans, this combined with additional income on a number of plans including Erskine Business Park, Claremont Meadows and Library Facilities has resulted in this budget variance.

 

Property Development Reserve - $903,000

The Property Model’s major variations to budget in June relate to income and include:

 

·    Income - $281,000 increase across 34 properties.

·    s94 Land Acquisition - $1.184m decrease relates to recognition of ‘in kind’ acquisition of land at Erskine Business Park.  This will be finalised upon reconciliation of land owner’s s94 contributions & liabilities.

 

Adjustments to the Reserve have resulted in a surplus of $3.9m as at 30 June 2009 and a predicted surplus of $1m as at 30 June 2010.  The Property Development Reserve continues to make a significant contribution toward the asset management costs of Council-owned properties.

Revotes

There are a number of significant projects totalling $7.1m recommended for revote in the final quarter of 2008-09. These revotes are in addition to the $16.5m revotes up to March 2009 which have already been included in the original 2008-09 Budget.  Further details of the larger proposed June revotes are provided below with full details of all proposed revotes being provided in the Management Plan June Review document. The funding source for the relevant project is general revenue unless otherwise indicated.

 

Kitchen and Mobile Organic Bins - $1.9m (Reserve)

This project did not commence until June 2009 and has been subject to completion of the Organics Composting Facility at Kemps Creek which became operational in August 2009. A revote is therefore proposed with all funds to be expended by the end of bin delivery program, now expected to be completed by September 2009.

 

 

Penrith Valley Cultural Precinct  - $1.8m (Reserve/General Revenue)

Delays in this project have occurred as a result of wet weather and the discovery of contaminated material on site.   It is envisaged that the Memorial Hall refurbishment works will be completed by mid-September and the Piazza works by the end of October.  Works on the Swanston St Carpark have been delayed by service relocation issues and this will be the last part of the project to be completed by November.

 

Glenmore Park Child and Family Precinct - $245,007 (s94/Reserve)

Council endorsed the successful tender for the construction of the Glenmore Park Child and Family Precinct project in March 2009. Contracts were signed in April 2009 and construction commenced in late April. Work has progressed rapidly with all bulk earth works completed and preparations for laying of the slab well underway. The expected project completion date is now late 2009/early 2010 and preparations are also well underway to ensure the Centre is operational as soon as practicable after completion of construction.

 

Ripples Asset Renewal - $212,911 (Reserve/Loan)

A rolling program of refurbishment is continuing with contracts now let for major works including the spa separation and upgrade, as well as upgrade of the filtration system.  Both contracts are scheduled to commence by late August 2009.  Design, documentation, and the tender process for the renewal of the air-handling system is scheduled to be completed by the end of September 2009.  The atrium roof has been replaced in the foyer and refurbishment of the dry area toilets and change rooms is complete.  Ongoing works programmed for 2009-10 include: resurfacing of the concourse around the indoor pools, upgrade of the front reception counter and replacement of damaged shade sails.

 

Ropes and South Creek Rehabilitation - $404,776 (Grant)

This project has been delayed by the prolonged development and approval of the project Business Plan, the timing associated with the tendering process to appoint a suitable contractor, and the requirement for a comprehensive Aboriginal archaeological consultation and assessment. This project is now underway and expected to be completed by December 2010.

 

There are a number of other projects of a smaller magnitude that are nearing completion (or have been completed since 30 June 2009) where the funds are proposed to be revoted.  These are detailed in the Management Plan review document.

 

Current Format of Quarterly Review Reporting

The Services-based reporting approach, which was introduced in 2007-08, aims to provide greater clarity and accountability to Council and the public on the annual delivery of Council’s program through its approved services and their required goals. This both reflects the service specifications in a highly practical way and how the strategy for the City which Council has set is being delivered by the organisation.

 

The quarterly Management Plan report to Council and the community is now clearly based on performance of the specified services through which Council’s operations are conducted, together with the usual financial statements and other required information.

 

The Quarterly Review provides a comprehensive performance report on all Council’s external and internal services (with the exception of the three controlled entities which have separate reporting requirements).

 

Reporting is based on the delivery of the annual program of activities, tasks and projects which was adopted by Council for each service through the Management Plan. The report contains:

·    An ‘executive summary’ of the annual result with commentary provided by the General Manager and Group Manager - Finance, together with key results and identification of any service areas not fully meeting requirements;

·    A report on the overall performance, key performance indicators, projects and tasks deliverable for each service, together with a formal budget statement for that service;

·    Capital and operating projects budget result (arranged to align with the services);

·    Detailed financial statements and summaries.

 

The services performance report, which provides much of the basis of the review, details the performance of the ongoing and annual deliverables of that service. This now also includes details of the relevant capital budget projects and operating budget projects for which the service is responsible. This brings all reportable elements which contribute to the overall performance of the Service together to clarify the Managers’ assessment of performance and enhance full accountability.

 

Supplementing the projects information in the Services section of the document, a full financial progress report and reconciliation of Capital and Operating Projects and subprojects of works programs is provided in the financial statements section.

 

It is important to note that the simple expenditure budget ‘snapshot’ which is provided under services is supplemented for each service by a fully detailed budget which includes any proposed variations.

Performance Assessment

The review documents incorporate detailed reporting on the year to date performance of each of the services from several principal aspects. These form the basis of the Overall Performance assessment of that service for the year to date. To that is added a Budget Performance snapshot as explained above.

 

The expected overall service performance for the year is 100%. The model for service reporting is detailed in the review document.

 

The reportable elements of the Service from which its performance is assessed include:

·    Strategic Tasks which link Services to Council’s four year Strategic Program

·    Service Improvements identified through means including ongoing Services Review

·    Key Performance Indicators (KPIs) for ongoing requirements of the Service

·    Capital and Operating Projects funded in the annual program

          (NB not all Services contain all of these elements)

 

In addition to the particular KPIs and annual targets which Council adopted in the Management Plan, additional measures have been added to ensure that all the important ongoing activities of service specifications are incorporated. These more generic KPIs for the service have a set target of 100% of ongoing requirements.

 

All reporting is in terms of fulfilment of the annual requirements of Council’s program.  Where actions have a life of more than one year, the report is on the performance for 2008-2009 only.

Management Plan Performance

From the statements provided by the responsible Managers against the deliverables as explained above, the results for the year are as identified in the following table.

 

Table 1. Service Performance Summary 2008-2009

 

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

RED

Totals

SERVICES OVERALL      (Service Profile)

 

58

(100%)

-

-

58

Strategic Tasks (ST)

101

(83%)

12

(10%)

7

(6%)

1

(1%)

121

Service Improvements (SI)

247

(94%)

11

(4%)

5

(2%)

-

263

Key Performance Indicators (KPIs)

 

243

(95%)

10

(4%)

3

(1%)

256

Capital Projects  *

118

(70%)

23

(14%)

20

(12%)

7

(4%)

168

Operating Projects  *

79

(77%)

11

(11%)

11

(11%)

2

(1%)

103

Totals

545

358

53

13

969

[ Note : * These figures do not include sub-projects or the specific components of works programs]

 

These results can also be diagrammatically shown in the following graph highlighting performance in all the deliverables.

 

 

 

 

Service Performance Summary 2008-2009 Graph

 

The progress of Council’s program is expressed through the use of percentages and ‘traffic light’ indicators. These are based on the responsible Manager’s statement of the delivery of the annual requirements for that item.

 

Council has, for a number of years, used a traffic light rating scale for reporting on the performance of Management Plan deliverables. This is supplemented in the new report format by an appropriate rating scale for the expenditure budget performance of services, adapted from that used in the monthly Financial Health monitoring by the organisation. The rating scales are explained in the table below.

 

Table 2. Guidelines for ‘Traffic Light’ Status Indicators

 

*

[Green]

General Performance:  Performance is satisfactory to meet annual requirements of the relevant action. Normally indicates completion of 90% of the scheduled requirements.

Budget Performance:   Expenditure for the year is satisfactory, being under budget by no more than 15% or over budget by no more than 5%.

*

[Amber]

General Performance:  Performance was marginal and extra attention is needed for ongoing items. Normally indicates completion of 75%-89% of the scheduled requirements and may be the subject of a proposed carry over/partial revote of works.

Budget Performance:   Expenditure for the year was marginal, being under budget by more than 15% or over budget by 6-15%. The Manager’s comment should address specific issues.

[Red]

General Performance:  Performance was not on target and the requirement has not been delivered. This is addressed by the Manager’s commentary. Delivery is normally rated as less than 75% of the scheduled requirements and/or is the subject of a proposed revote of works.

Budget Performance:   Expenditure for the year is unsatisfactory, being over budget by 16% or more. Any such instances must be fully explained by the responsible Manager and will be addressed within the Financial Services Manager’s report.

Text Box: C

Completed (usually applies to Capital & Operating Projects with defined target dates).

 

Analysis of Results

Based upon the Service Performance Summary Table and Graph (2008-2009) Council services achieved a 93% of annual requirements of the Service Plans listed within the 2008-09 Management Plan. This means that of the 969 measurable items in the 6 categories (ie Overall Services Score, Strategic Tasks, Service Improvements, Key Performance Indicators, Capital and Operating Projects), Council services scored 903 as being Completed or (Green) ‘on target’ for completion as at 30 June 2009. This significant result was especially due to the completion of 94% of Service Improvement Tasks and achievement of 93% of KPI targets.

 

A corollary of this result is that 7% of the annual requirements in the 2008-2009 Management Plan were not able to be delivered at 30 June 2009. These Strategic Tasks, Service Improvements, KPIs, Capital and Operating Projects were scored as ‘Amber’ or ‘Red’ traffic lights. Reasons for non-delivery and what remedial action has been taken to resolve this has been provided in a detailed table in the Services Exception Report (enclosed separately for the information of Councillors). [Note : The table in the Services Exception Report is sorted alphabetically by Service with the first part detailing Tasks and Project results and the second part detailing the KPI results]

Special Initiatives

The 10-year special initiative, Asset Renewal and Established Areas Strategy (AREAS), commenced on 1 July 2006. The AREAS funding, from additional rate revenue approved by the Minister for Local Government, is for additional infrastructure renewal and public domain maintenance (which includes roads, buildings, graffiti removal and street cleaning) as well as greater attention to the needs of our older neighbourhoods.

 

Council also continues to advance three 10-year special initiatives which commenced in 2002-2003, for which additional rate revenue was approved by the Minister. These are:

·        Enhanced Environmental Program (EEP)

·        Community Safety and Neighbourhood Renewal Program

·        Economic Development and Tourism - support for Penrith Valley Economic Development Corporation (PVEDC)

 

As previously agreed by Council, specific reporting on the progress of each of these initiatives is presented to Council, the community and the Department of Local Government at six-monthly intervals, through the half-year and end-of-year Management Plan reviews and the Annual Report. In addition, more detailed reports on key aspects of the programs are provided to Council by the relevant Managers at appropriate intervals during each year.

 

A section of the review booklet accordingly details the progress of these programs and outcomes being achieved. Relevant elements of the progress of these programs is also reported within the normal services format.

 

Future Format of the Quarterly Review Reporting

The current format by which performance has been reported on the Management Plan through a business paper report accompanied by a detailed (200+ page) hardcopy “Performance and Financial Review” document will change starting in the 1st Quarter of the adopted 2009-2010 Operational Plan.

 

The need to provide a simpler yet focused way of communicating the performance of Council’ services as well as to saving paper have been key drivers for improvements. Another key driver has been for Council’s response to meet the requirements of the draft “Planning and Reporting Guidelines for Local Government in NSW” released this year.

As a result, future quarterly reporting will be only involve a business paper report with the following elements included :

·        A ‘traffic light’ report signifying the overall status of each Council service provided. [An explanation of each ‘Traffic Light’ Status is provided earlier in this report in Table 2].

·        A “Services Exception” section highlighting tasks, key performance indicators, projects or budgets requiring attention. This section is seen as crucial to ensure that Council’s effort is focused on key areas where actions need to be taken or improvements made for a Service rather than be ‘bogged down’ in the detail. This concept is in line with Planning and Reporting Guidelines mentioned earlier.

·        The budget estimates and results for the quarter (including the Capital and Operating projects). This would also include proposed revotes and budget variances.

Conclusion

The review indicates substantial achievement in meeting Council’s challenging annual program. The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any section of the Progress Report.

 

The review document will be placed in full on Council’s website, as well as being made available to the public in hard copy on request.

 

 

 

RECOMMENDATION

That the information contained in the report on 2008-2009 Management Plan ~ June Quarter and Year End Review be received

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting

24 August 2009

A Leading City

 

 

 

2

Summary of Investments & Banking for the period 1 July 2009 to 31 July 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 demonstrate our leadership, and encourage innovation

     

 

Executive Summary

To provide a summary of investments for the period 1 July 2009 to 31 July 2009, a Reconciliation of Invested Funds at 31 July 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 31 July 2009.

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

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

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

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

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting

24 August 2009

Appendix 1 - Summary of Investments

 

 

 




  


A City of Opportunities

 

Item                                                                                                                                       Page

 

3        NAIDOC Week 2009 Activities

 

 



Ordinary Meeting

24 August 2009

A City of Opportunities

 

 

 

3

NAIDOC Week 2009 Activities   

 

Compiled by:                Carolyn Gartside, Aboriginal Liaison Officer

Authorised by:             Jeni Pollard, Acting Community & Cultural Development Manager   

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

This report is to inform Council of the outcome of the events held in Penrith during National Aborigines and Islander Day of Observance (NAIDOC) Week 2009.

 

NAIDOC Week is at its most meaningful celebrated at a local level.  NAIDOC Week 2009 provided Council with an opportunity to demonstrate again its commitment to local Aboriginal and Torres Strait Islander constituents on an occasion of major importance to Aboriginal and Torres Strait islander people and organisations.

 

Council takes pride in being able to join Aboriginal and Torres Strait Islander peoples during NAIDOC week to:

 

·    celebrate the survival of Aboriginal and Torres Strait Islander people,

·    celebrate the continuation of Aboriginal and Torres Strait Islander culture, and

·    acknowledge the contributions that Aboriginal and Torres Strait Islander people make to this city

 

The report outlines the major role that Council played in a range of activities and events during NAIDOC Week 2009 and the outcomes and activities that were achieved as a result of this involvement and participation. 

 

The activities included

·    holding a NAIDOC 2009 Civic event,

·    attending the NAIDOC Flag Raising Ceremony at the St Marys Local Area Command,

·    supporting Cultural Awareness Training for NSW Police,

·    the NAIDOC 2009 Gathering held at Jamison Park delivered in partnership with a range of local organisations

 

NAIDOC Week activities brought together Indigenous and non-Indigenous communities therefore establishing relationships, breaking barriers and building mutual trust. These activities and events build capacity and willingness for all parties to engage in more challenging partnerships to benefit Aboriginal residents and local organisations.

 

The recommendation is that the NAIDOC Week 2009 Activities report be received.

 

 

Background

NAIDOC Week 2009, as in previous years, again provided Council with an opportunity to demonstrate its commitment to local Aboriginal and Torres Strait Islander constituents on an occasion of major importance to Aboriginal and Torres Strait islander people and organisations.  

 

NAIDOC has its origins in the fight for Aboriginal rights that began to gather pace in the 1920s and 1930s. In those years, organisations such as the Australian Aborigines Progress Association, the Australian Aborigines League, and the Aborigines Progressive Association were established to draw attention to the living conditions suffered by Aboriginal people and their lack of citizenship rights.

 

In 1957 a National Aborigines Day Observance Committee (NADOC) was formed with support and cooperation from Federal and State governments, the churches and major Indigenous organisations. The Committee was to promote ‘Aboriginal Sunday’ as a day to focus community attention on the nation’s Aboriginal people.

 

After the 1967 Aboriginal Referendum and the establishment in 1972 of a Federal Department of Aboriginal Affairs, the national focus on Indigenous issues increased significantly. In 1974, NADOC became an all-Indigenous committee and in 1975 extended Aboriginal Day to ‘National Aborigines Week’.

 

In 1988 the committee’s name was changed to NAIDOC—National Aborigines and Islanders Day Observance Committee—to acknowledge Torres Strait Islander people”.

 

The NAIDOC 2009 Theme “Nurturing Our Youth -Honouring Our Elders,” 

To mark NAIDOC Week celebrations this year the NAIDOC Committee selected the theme:  “Nurturing our Youth-Honouring our Elders”.

 

NAIDOC 2009 “Nurturing our Youth-Honouring our Elders”

Mrs Jenny Edwards and Grandchild

 

While Council acknowledged the theme chosen by the National NAIDOC Committee, Council is very mindful of the role that Aboriginal families as a whole play toward strengthening Aboriginal communities in the pursuit of personal and community wellbeing.

 

Activities in Penrith City

For NAIDOC 2009 Council participated in four significant activities, including:

 

·    Holding a NAIDOC 2009 Civic event,

·    Attending the NAIDOC Flag Raising Ceremony at the St Marys Local Area Command,

·    Supporting Cultural Awareness Training for NSW Police,

·    Council’s partnership with a range of local organisations to deliver the NAIDOC 2009 Gathering held at Jamison Park.

 

NAIDOC 2009 Civic Event Function 

The Civic NAIDOC Function was held on Monday 6 July 2009 in the Nepean Room at the Civic Centre.

 

His Worship the Mayor, Councillor Jim Aitken OAM, welcomed guests to the Civic Function.  In his speech, Councillor Aitken OAM acknowledged in celebrating NAIDOC Week 2009 the strength of a culture that had survived against a backdrop of adversity.  Councillor Aitken OAM stated that he believed NAIDOC Week is an opportunity to remind us to continue to build on lessons from the past in order to achieve better outcomes for Aboriginal and Torres Strait Islander people in the present and future.

 

Penrith Local Area Commander, Mr.Ben Feszczuk was the guest speaker at the event. Area Commander Feszczuk outlined the commitment of the NSW Police under the NSW State Government Plan, and the Aboriginal Strategic Direction to increase engagement with the community including the Aboriginal and Torres Strait Islander peoples. 

 

The Aboriginal Strategic Direction is a framework to manage relationships and foster understanding between Police and Aboriginal people, with a focus on local solutions for local problems. Area Commander Feszczuk spoke about the implementation of this Direction in the Penrith Local Area Command.

 

Area Commander Feszczuk also recognised the important role that all the Aboriginal people on the Local Area Command Aboriginal Advisory Committee have played in ensuring the plan is implemented. 

 

Flag raising Ceremony - St Marys Local Area Command

Over a number of years, Penrith City Council, through the Aboriginal Liaison Officer has supported the Penrith Local Area Command in their implementation of their Aboriginal Strategic Direction Plan.

 

The Penrith and St Marys Local Area Commands fall within the boundaries of the Penrith Local Government and in October 2008, the St Marys Local Area Command joined together with the Penrith Local Area Command Aboriginal Advisory Committee to oversee the implementation of the Plan across the two Area Commands.

 

In order to cement this commitment, following the Civic Function, the Aboriginal and Torres Strait Islander flag was raised for the first time at the new St Marys Local Area Command police station.

 

In undertaking this symbolic gesture, the St Marys Local Area Command was looking forward to a continued working relationship between Aboriginal and Torres Strait Islander people, Police and Penrith City Council.  

 

The Mayor and Senior Staff from Council attended this Flag Raising Ceremony.

 

NSW Police Ethnic Liaison Officer - Cultural Awareness Training

Council supported an Aboriginal Cultural Awareness training session for Police Ethnic Liaison Officers held during NAIDOC Week.  Council supported Deerubbin Local Aboriginal Land Council by providing a venue and staff support during the interactive Aboriginal Cultural Awareness training. This training was provided for NSW Police Ethnic Liaison Officers who came from different Local Area Commands from across NSW.

 

NAIDOC 2009 Jamison Park Gathering

Council worked in partnership with other government and non-government organisations to organise this year’s NAIDOC 2009 Jamison Park Gathering. As in the previous year,  Penrith City Council as the auspicing body submitted an application for NAIDOC funding to the Indigenous Coordination Centre ((ICC)  with the support of Deerubbin Local Aboriginal Land Council and Cawarra Women’s Refuge Aboriginal Corporation. 

 

The partners in this organisation of this event included:

 

·    Cawarra Women’s Refuge Aboriginal Corporation

·    Deerubbin Local Aboriginal Land Council

·    Aboriginal Medical Service, Western Sydney

·    NSW Police Penrith and St Marys Local Area Command

·    Homecare, Wangary Branch

·    Greening Australia

·    Spyns

·    NSW Road and Traffic Authority

·    Aboriginal Men’s Group

·    DoCs MetroWest Children Services Team

·    National Parks and Wildlife Service, Parramatta Office

·    Penrith City Council.

 

The application was successful with Council receiving $6,050.00 (inclusive of GST) funding from ICC toward the NAIDOC 2009 Jamison Park Gathering.

 

Over 3,000 people attended this event and enjoyed a range of activities and performances as outlined.

 

The NAIDOC Gathering at Jamison Park is now a big event in Penrith, and it brings together Aboriginal and Torres Strait Islander and non-Aboriginal and Torres Strait Islander families, organisations and others who work together to provide the community with the opportunity to participate in a variety of activities.

 

As a part of this year’s NAIDOC 2009 Jamison Park Gathering a line up of talented Aboriginal and Torres Strait Islander and non Aboriginal and Torres Strait Islander artists and singers performed.

 

Donovan Family Band

For three generations, the Donovan family have played a leading role in country music circles and are a well known Aboriginal family who have been performing widely on a national and international level.

 

Many members of this family are residents in the Penrith Local Government and surrounding areas.

 

Torres Strait Islander Performers

The Indigenous people of the Torres Strait have a distinct culture which has slight variants on the different islands where they live. Ninety one percent of the Torres Strait Islander traditional area is open ocean, the sea is also central to their sense of identity having determined their way of life, subsistence practices and ceremonial life.   The sea remains the source of inspiration for many of their songs and stories and is treated with great respect.

 

Ms Cindy Drummond and extended family who originate from the Torres Strait Islands relayed these songs and stories in their performance at the NAIDOC Gathering.

 

Cultural Exchange - Family of God Church Singers - African Revival

As in the previous year, the NAIDOC 2009 Jamison Park Gathering provided the opportunity for the inclusion and exchange with a group from a different cultural background. 

 

This year a group of women originally from Zimbabwe, and members of the Family of God Church Singers – African revival performed their lively and uplifting mix of joyful singing, movement and music.

 

With activities such as this between Aboriginal and Torres Strait Islander people and groups of other countries it is envisaged that the desired outcome is an increased awareness and knowledge of differences in cultural ethnicity and greater understanding of the cultural diversities that exist in our community.

 

Other Activities

·    Mixed men’s and women’s touch football games

·    Mixed men’s and women’s netball games

·    Care for older people

·    Activities for children

·    Prominent sporting personalities

·    BBQ Lunch

·    Information stalls

 

For this year’s NAIDOC activities, Council again provided substantial financial, in-kind and volunteer time toward the event. Council again provided childcare for children 0-7. 

 

Penrith City Council’s Touch Football Team

After a number of years of absence, Penrith City Council entered a touch football team at this year’s NAIDOC Jamison Park Gathering.  Council’s touch football team made the final and the scores were level in the final at full time but in extra time the Deadly’s, a team entered by DoCs Blacktown Branch beat Council’s team with a golden try.

 

 

♫We Kept the Ball In Motion, Penrith Plays the Game♫ 

 

Volunteers

For this year‘s NAIDOC Jamison Park Gathering acknowledgement needs to be made to the many volunteers who assisted on the day. The Rotary Club and the Police volunteers spent all day cooking and feeding the 1000s of participants. The VRA Rescue Squad also donated their BBQ for the day as well as cooking and assisting with food preparation.

 

Volunteers from a range of organisations assisted in making NAIDOC 2009

 Jamison Park Gathering a safe and successful event

 

The volunteers from the Deerubbin Local Aboriginal Land Council acted as marshals on the day, watching out for the safety of the children and assisting with carrying, fetching and cleaning up the grounds at the end of the day.

 

The NAIDOC 2009 Jamison Park Gathering brought together the Indigenous and

Non-Indigenous communities as assisted in establishing relationships, breaking down barriers and building mutual trust. The Gathering assists in building capacity and a willingness for all parties to engage in more challenging partnerships in the future.

 

Post NAIDOC Afternoon Tea

To recognise the achievement of the organising committee and the contribution of the volunteers at the NAIDOC 2009 Jamison Park Gathering the day, an afternoon tea was held and hosted by the Mayor to thank everyone for their participation and input.

 

Volunteers and Council staff enjoy afternoon tea in the Nepean Room

 

Conclusion

NAIDOC 2009 has demonstrated the strong commitment of Council to supporting the capacity and well-being of all Aboriginal and Torres Strait Islander residents. The range of events and activities held to observe and celebrate NAIDOC reflect the diversity and strengths of the local Aboriginal and Torres Strait Islander community.

 

Council firmly believes that working in partnership with Aboriginal and Torres Strait Islander organisations is the key to effecting positive outcomes for the community. Council is committed to working towards meaningful and practical outcomes for Aboriginal and Torres Strait Islander people at a local level.

 

 

RECOMMENDATION

That the information contained in the report on NAIDOC Week 2009 Activities be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Green City

 

Item                                                                                                                                       Page

 

4        Applications for grant funding opportunities

 

5        Development Application DA08/0657 Review of Determination for Home Business-Barber at Lot 199 DP 240525 (No. 73) Maxwell Street, South Penrith. Applicant: Ian Dick;  Owner: Robyn Dick and Ian Dick DA08/0657

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

 

6        Release Restrictive Covenant applying to Lot 119, DP 1088137 (No. 22) Heaton Avenue, Claremont Meadows and Approve Development Application DA09/0512 for the construction of a single storey dwelling. Applicant: Kane Sultana and Amy Walkerden;  Owner: Kane Sultana and Amy Walkerden DA09/0512

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

 

7        Release Restrictive Covenant applying to Lot 204 DP 1093617 (No. 51) Heaton Avenue, Claremont Meadows. Applicant: Masterton Homes Pty Ltd;  Owner: Ms Mary Camilleri DA09/0579

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

 

 



Ordinary Meeting

24 August 2009

A Green City

 

 

 

4

Applications for grant funding opportunities   

 

Compiled by:                Janet Rannard, Bushland Management Officer

Authorised by:             John Gordon, Parks Manager   

Strategic Objective: Our natural habitats are healthy

Strategic Direction: The natural areas under Council’s responsibility are protected and conserved

     

 

Executive Summary

To advise Council of three grant applications that have been submitted for improvements to landcare within the Council’s area.  The report recommends that the grant applications be endorsed.

Background

Grant 1

Council was successful with a three year Environmental Trust grant 2008-2010 for rehabilitation of a section of Jamison Creek at Emu Plains which is due to be completed in February 2010.

 

To continue rehabilitation work in the lower and middle sections of Jamison Creek an additional grant application has been submitted for the years 2010-2013. $60,000 has been requested from the Environmental Trust with Council matching this funding with contributions from EEP funding.

 

Grant 2

A Department of Lands grant application for noxious weed control in the upper Jamison Creek catchment over two years has been submitted; $7,200 in year 1 and $3,700 in year 2. Council will contribute $5,600 in year 1 and $3,350 in year 2 from in kind contributions.

 

Grant 3

Council was successful with a Landcare Mobilemuster grant in 2008-2009 receiving $20,000 for installing 10,000 local provenance plants throughout Penrith LGA. This grant was successfully completed with 16,000 plants installed. Several community events provided the opportunity for members of the public to assist with the planting including National Tree Day involving the Sikh Association of Australia, International Women’s Day, Trees for Mum as well as several schools and pre schools.

 

To continue rehabilitation work, a further Landcare Mobilemuster grant has been applied for, again $20,000 for installing 10,000 local provenance plants throughout Penrith LGA. As with the first Landcare Mobilemuster grant, Council will provide in kind contributions for site preparation, materials, labour and plant maintenance and there will be the opportunity for the community to be involved again.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Applications for grant funding opportunities be received.

2.     Council endorse the three grant applications outlined in the report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 August 2009

A Green City

 

 

 

5

Development Application DA08/0657 Review of Determination for Home Business-Barber at Lot 199 DP 240525 (No. 73) Maxwell Street, South Penrith  Applicant:  Ian Dick;  Owner:  Robyn Dick and Ian Dick    

DA08/0657

Compiled by:                Deepa Randhawa, Senior Environmental Planner

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 an application for review of determination for a Home Business – Barber, pursuant to Section 82A of the Environmental Planning and Assessment Act. The original application for approval of the unauthorised business was refused by Council under delegated authority on 8th October 2008.

 

Councillor Greennow has requested the application for the review of determination to be reported to Council for determination.

 

The subject site is zoned 2(b) Residential (Low Density) pursuant to Penrith Local Environmental Plan 1998 - Urban Land and “home business” is a permissible land use with Council’s consent. The original proposal was refused as the proposed development was considered more appropriately defined as a “commercial premises”, which is a prohibited land use in the zoning.

 

The applicant has amended the proposal to change the business to operate on an “appointment only” basis, to cater to one client at a time and to be consistent with the requirements of a “home business”.

 

The proposed development has been assessed against the relevant heads of consideration contained in Section 82A and 79C of the Environmental Planning and Assessment Act, 1979 and has been found to be satisfactory.

 

This report recommends that the application be approved on a time limited basis.

Background

The original application was lodged to legitimise the business which was operating without consent.

 

The application was assessed having regard to the objects of Penrith Local Environmental Plan 1998- Urban Land and Parts 2.11 and 4.2 of Penrith Development Control Plan 2006 and was refused on the following grounds:

 

1.       The proposal is inconsistent with the aims and objectives of Penrith Local Environmental Plan 1998-Urban Land.

2.       The proposal is defined as a Commercial Premise and is prohibited in the zone.

3.       The proposal would have an adverse impact on the surrounding locality in terms of traffic generation and traffic safety as well as impacting on the amenity of surrounding residents. For this reason it is considered that the proposal is not in the public interest.

 

The current application is assessed under Section 82A and 79c of the Environmental Planning and Assessment Act, 1979.

Site and Surrounds

The subject site is situated on the northern side of Maxwell Street opposite the corner of Maxwell Street and Samuel Foster Drive, South Penrith.

The land is rectangular in shape, 645m2 in area, orientated in a north south direction and relatively flat.

 

The site is currently occupied by a single storey brick veneer dwelling, a garage, a swimming pool and a small shed in the north-western corner of the site.

 

The surrounding area is characterised by residential development, where the predominant form of housing is single storey detached dwellings.

Original Proposal

The proposed development included the following aspects:

 

·    Use of the existing garage for a home based barber services business;

 

·    Operating  hours:

 

Mondays, Thursdays, Fridays            10.00am – 5.00pm

Tuesdays and Wednesdays               02:30pm – 5:00pm by appointment only

Saturdays                                          09.00am –1:00pm

 

·    Car parking provision for 3 on-site spaces (1 residence, 2 visitor);

 

·    The owner/applicant was to be the sole employee.

Amended Proposal

The proposed amendment relates to the business as detailed above to operate on an “appointment only” basis on all days. A condition has been recommended to reflect this change. (see Special Condition No. 2.3)

Planning Assessment

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

1.   Assessment under Section 82A of the Environmental Planning and Assessment Act

1.1.    Section 82A (1) - If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application, other than:

“(a)   a determination to issue or refuse to issue a complying development certificate, or

(b)     a determination in respect of designated development, or

(c)     a determination in respect of integrated development, or

(d)     a determination made by the council under section 116E in respect of an application by the Crown.”

 

The request is to review a development application for a local development and therefore meets the above criteria.

1.2.    Section 82A (2) - A request for a review may be made within 12 months after the date on which the applicant received notice

The application was refused on 8th October 2008. The request to review the application was made on 26th November 2008, which in within the prescribed 12 months period from the date of Council’s Notice of Refusal.

1.3.    Section 82A (3A) - In requesting a review, the applicant may make amendments to the development described in the original application

The application has amended the proposal to operate on the basis of appointment only. This is consistent with the requirements of a home business and reduces any potential adverse impacts on the on and off site car parking to overcome the concerns raised by Council.

 

The proposal as amended is substantially the same development as the development described in the original application.

1.4.    Section 82A (4)-The council may review the determination if it has notified the request for review in accordance with the regulations

The application was notified to adjoining property owners including those who made submissions to the original application in accordance with Council’s Advertising and Notification Development Control Plan. One submission was received in respect to this proposal and the issues raised in the submission are addressed later in this report.

1.5.    Section 82A (4A) - As a consequence of its review, the council may confirm or change the determination

The amended proposal is supported and therefore the application is recommended for an approval.

1.6.    Section 82A (5) & (6) - The decision to review the determination must be made by the council or another delegate of the council who is not subordinate to the delegate who made the determination

The original application was determined under delegation. The current application is assessed by a different Senior Planner and reported to Council for determination.

1.7.    Section 82A (7), (8) & (9) - Council must give notice of the result of the review to the applicant as soon as practicable after the review with the changed determination.

The applicant will be advised of the outcome of the current application upon determination of the application.

1.8.    Section 82A (11) - A decision on a review may not be further reviewed under this section.

This application prevents the applicant from requesting any further “Right to Review” of the application by Council.

2.   Assessment under Section 79C of the Environmental Planning and Assessment Act

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

 

Penrith Local Environmental Plan 1998 (Urban Lands)

 

Permissibility

 

The subject site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan 1998 (Urban Lands). The applicant has put forward that the proposed development is defined as a Home Business which is permissible with the consent of Council. Under the LEP a Home Business is defined as – “a business carried out, or partly carried out, in a dwelling house by the permanent residents of the dwelling, and does not involve:

 

a)   The employment of more than two persons at any one time in addition to the permanent residents;

b)   The exhibition of an advertisement other than an advertisement exhibiting the name and occupation of the resident;

c)   Interference with the neighbourhood;

d)   Interference with the amenity of the neighbourhood due to the generation of vehicular traffic, reduction  in car parking in the vicinity and visits by the clients;

e)   Exposure to view from adjacent premises;

f)    Provision of essential services of a greater capacity than that available in the locality.

g)   A Brothel.

 

The original application was refused as it failed to satisfy parts c and d of the definition, largely due to the potential traffic impacts. The proposal was to operate the barber business in an unregulated fashion, whereby any number of clients could attend the premises at a time, much the same way as a Barber Shop would operate in a commercial context.

 

The amended proposal is for the business to run on an appointment only basis whereby only one client will attend the premises at any one time (see Special Condition No. 2.3).The site consists of a single garage which will be used for the business; however the splayed concrete driveway can stand 3 cars at a time and therefore it is not likely to lead to any over flow of parking on or off the site or interfere with the amenity of the neighbourhood due to the generation of vehicular traffic.

 

Having regard to the fact that the applicant will be the sole trader who will operate predominantly between the hours of 10am to 5pm on an appointment only basis, the proposal falls within the definition of a “home business” which is a permissible land use in the zone.

 

LEP and Zone Objectives

 

Clause 9(2) of the LEP requires that development consent must not be granted unless Council is satisfied that the proposal would be consistent with the:

 

“(i)         aims of the LEP;

(ii)        objectives of the relevant zone; and 

(i)         objectives of the development controls within the LEP.”

 

The relevant aims of the LEP relate to consideration of residential character and residential amenity and are:-

 

“(a)    to promote development which safeguards the residential amenity of the area; and,

(b)       to provide for high levels of residential amenity, particularly acoustic and visual privacy.”

 

Assessment of the amended proposal demonstrates that the development is consistent with the aims and objectives of both the LEP and the zone.

 

The relevant objective of the Residential 2(b) zone is to:

 

“(i)       allow a limited range of compatible non-residential uses.”

 

The proposal is considered to fall within the definition of a “home business” which is unlikely to interfere with the amenity of the locality and therefore considered a compatible land use in the residential area.

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

Penrith Development Control Plan 2006

 

The following parts of the DCP are relevant in this assessment:

 

Part 2.7 - Notification and Advertising

 

This application was notified to adjoining property owners/occupants including those who made submissions previously from 3rd December until 17th December 2008 in accordance with the requirements of this Plan. The results of this public consultation process are discussed later in this report.

 

 

 

Part 2.11 - Carparking

 

Part 2.11 outlines car parking requirements, there is no specific section relevant to a “home business” however the car parking requirements for a dwelling house is two (2) spaces for two (2) or more bedrooms and stack parking is acceptable.

 

The owners of the property own a single vehicle and as such only one (1) space will be required for the residence. The driveway can comfortably accommodate three (3) car parking spaces in a stacked arrangement which makes the provision for two (2) on site car parking spaces for clients. A concern was raised in the previous assessment that the stacked car parking arrangement will not allow clients to enter and leave the subject site concurrently and given that the site is located on a ‘T’-intersection, cars exiting the site are likely to cause conflict with traffic travelling down Maxwell Street.

 

In view of the fact that the applicant has amended the proposal to operate on an appointment only basis and that only one client’s car will enter or exit the site at a time, it is considered that the development will cause minimal traffic conflict or result in major disruption to the local traffic travelling along Maxwell Street.

 

It is considered that the on site car parking arrangement is adequate for the development.

 

Part 3.1 - Advertising Signs  

 

The purpose of this section is to outline the specific development and design requirements for the erection of an advertisement in a particular land use

 

In residential zones, one business identification sign of a size not to exceed 1.2m x 0.6m is permitted to be erected on the property in association with the approved business or activity being conducted on the land.

 

The application is not accompanied with details of any proposed signage as pursuant to Part 5 of Penrith Development Control Plan 2006- Exempt & Complying Development, consent is not required for a business identification signs of the above mentioned size.

 

Investigations in relations to previous development application revealed that an A- frame business identification sign was displayed on the median strip fronting the subject site. The sign read “Barber Now Open”, which allows clients to walk in at any time without a prior appointment and therefore inconsistent with the provisions of a “home business”.

 

A condition has been recommended to amend the sign to allow the clients by appointment only (see Special Condition No 2.4).

 

Part 4.2 Single Dwellings, Part G – Non residential Development

 

The objectives of the plan are to ensure that non-residential development should be planned and designed according to principles of traditional suburban design and to preserve the amenity of residential neighbourhoods with the intent to protect the amenity of neighbouring properties, as well as to the neighbourhood character.

 

The scale of the proposed development demonstrates adequate regard to preserve the existing amenity of the residential neighbourhood and the proposal is not likely to impact adversely on the local traffic network as a result.

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

This section is not applicable for the subject application.

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

Built and Natural Environment

 

The regulated business will ensure that only one client will attend the site at one time. The applicant will be the sole employee and will work within normal business hours. Although the impact of the proposed development is expected to be acceptable subject to conditions of consent, it is considered appropriate in this circumstance to limit the development consent to a period of two (2) years. This time trial consent would lapse after 2 years from the date of approval and would require the applicant to submit a further application (could be a modification to delete the condition) for continued use of the premises.

 

The two years trial period will enable Council to monitor the actual impacts of the proposed use and the operation of the business may be amended to reduce any unexpected impact on surrounding residents. If the use is operating with any adverse impacts and or contrary to the conditions of the consent, the consent may lapse.

 

Social and Economic

 

·    Interaction between the development and the community

 

Interaction will be minimal as client consultation will take place within the garage. The scale of the proposal is considered suitable in a residential context.

 

·    Health, safety and compatibility issues

 

The proposal was referred to Council’s Environmental Health Unit for comment and no objections were received, subject to the imposition of conditions.

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

The proposed development is considered to be compatible with the surrounding area. The area is zoned 2(b) Residential (Low Density). A “home business” is permissible within the zone and the proposal is worthy of support.

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

(i)      Internal Referrals

 

The application was referred to the following stakeholders and their comments have formed part of the assessment:

 

Referral Body

Comments Received

Environmental Health Unit

No objections, subject to conditions

(ii) 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 five (5) residences in the area and has received one (1) submission in response. The objector had submitted an objection for the original application and has provided a copy of the previous objection to be considered under the current application.

 

The issue outlined is addressed below:

·    Inadequate car parking and associated  traffic issues

 

It is considered that operation of the business to run on an appointment basis reduces any potential impacts on the local traffic network. The development caters for adequate on site car parking and therefore the impact on the local traffic network will be minimised. The proposal is considered to be satisfactory and the grounds of objection are not considered sufficient to justify refusal of the application.

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

 

The site is considered suitable for the proposed development. Home Businesses are permissible in the 2(b) Residential (Low Density) zone and the proposal meets the aims and objectives of the relevant environmental planning instruments.

 

The properties in the immediate vicinity of the site were notified of the development proposal. In considering the issues raised in the resident submission, it is unlikely that the proposed development will adversely impact on adjoining residents, subject to recommended conditions of consent.

 

Section 94 Contributions

 

There is no Section 94 Contributions Plan applicable to the subject development.

Conclusion

Having regard for all of the relevant matters, the proposed development is capable, subject to the enforcement of conditions, of operating in such a manner as to present minimal adverse impacts on the local community. The concerns raised in the submission are acknowledged, however, on balance, the proposed development is considered to be satisfactory subject to a time limited consent and the grounds of objection are not considered sufficient to justify refusal of the application.

 

The proposed development has been assessed against the relevant heads of consideration contained in Section 82 A and 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA08/0657 Review of Determination for Home Business-Barber at Lot 199 DP 240525 (No. 73) Maxwell Street, South Penrith be received.

2.       Development Application DA08/0657 Review of Determination for Home Business-Barber at Lot 199 DP 240525 (No. 73) Maxwell Street, South Penrith be approved for a period of two years, subject to the following conditions:

Standard Conditions

2.1       A02F          Approved Plans

A021           Business Registration

A022                    Home Business ( amended to read “the employment of not more than one person at any time”)

A029           Hours of operation

A030           No retail sales

A043           Air Conditioner

D014           Plant and Equipment Noise

Special Conditions

2.2     The consent is limited to a 2 years period from the date of         approval, and the use shall cease at that time. A further development     application   may be lodged before the expiration date for Council’s consideration of the continuation of the use

2.3     Customer visits to the site shall be arranged on an appointment only basis so that:

2.3.1  No more than 1 customer is to be on the premises at any one time, and

2.3.2  No more than 1 customer’s car is parked on the site at any one time

2.4     No signs are to be displayed on the property other than a single, non illuminated sign of maximum dimensions 1.2m x 0.6m indicating the occupation of the resident and to read “by appointment only”.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix

  


Ordinary Meeting

24 August 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

24 August 2009

Appendix 2 - Site Plan

 

 

 

 


Ordinary Meeting

24 August 2009

A Green City

 

 

 

6

Release Restrictive Covenant applying to Lot 119, DP 1088137 (No. 22) Heaton Avenue, Claremont Meadows and Approve Development Application DA09/0512 for the construction of a single storey dwelling  Applicant:  Kane Sultana and Amy Walkerden;  Owner:  Kane Sultana and Amy Walkerden    

DA09/0512

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 single storey dwelling. The application seeks a variation to a restrictive covenant applying to the land and also seeks a variation to the 50% landscape requirement.  The submission includes an objection under State Environmental Planning Policy No.1 – “Development Standards” (SEPP 1).

 

Council approved subdivision DA04/0572 for the creation of forty-two lots off Caddens Road in accordance with LEP No. 96. The restrictive covenant imposed as part of the subdivision approval relates to six lots (114-119) and requires the front portion of the site being maintained as an inner ‘Asset Protection Zone’ (APZ) in accordance with the publication known as ‘Planning for Bushfire Protection, 2001’. This restricts any development within fourteen metres of the front boundary on the subject lot. The applicants have requested the restriction be varied by reducing the APZ to correspond with the changes in bushfire legislation to ‘Planning for Bushfire Protection, 2006’. The variation of the APZ in accordance with the 2006 guidelines will allow a new dwelling to be constructed on the lot at a reduced front setback whilst still maintaining appropriate separation from bushfire prone land. This report also recommends that the restriction be varied for the remaining five lots (114 to 118) subject to an application being lodged.

 

The SEPP 1 objection relates to the proposed landscape area of 45.4%. The minimum landscape area requirement is 50% in accordance with Local Environmental Plan 1998 – Urban Lands. (LEP 1998).  LEP 1998 was adopted in the Heaton Avenue subdivision on 31 October 2008. The previous LEP No. 96 did not have a minimum landscape area requirement. The minimum landscape area requirements for previous dwellings approved within the subdivision were assessed in accordance with the DCP (minimum 40%) and the Draft LEP 1998 which required a 50% landscaped area. As such, previous dwellings proposals were assessed having regard to both documents.  This usually resulted in a landscape area of approximately 45%, similar to that proposed by this application. The applicant has demonstrated that full compliance with the minimum landscape area is unreasonable due to the setback needed to achieve an ‘average’ front setback. The non-compliance is largely as a result of the extra driveway length needed for the dwelling setback. The minimum landscape area variation and the proposed dwelling are unlikely to have any significant impacts on the amenity of the locality.

 

The proposed four bedroom, single storey dwelling has been designed to compliment existing development within the new subdivision (See Attachment No. 2). The land is relatively level and fronts a bushland reserve opposite Heaton Avenue. The dwelling achieves the objectives of Local Environmental Plan 1998 Urban Lands by providing an innovative and site responsive development that compliments the surrounding area and minimises impacts on adjoining properties.

 

The report recommends that support be given to the variation of the restrictive covenant and the SEPP 1 objection with the granting of conditional development approval.

Background

Council previously approved subdivision application DA 04/0572 for the creation of 42 new allotments for residential purposes.  As part of that approval, a restrictive covenant under Section 88B of the Conveyancing Act 1919 was imposed.

 

The restriction on the use of land fourthly referred to in Deposited Plan No. 1088137 burdens lots 114-119 and states:

 

“ The owner of the lot burdened will maintain the area designated (P1) on the abovementioned plan as an inner protection area asset protection zone in accordance with ‘Planning for Bushfire Protection, 2001’ and Appendix 1 of the Conacher Travers Bushfire Protection Assessment dated February 2004, Reference 3510B.”

 

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

 

In accordance with the recommendations of the bushfire protection assessment by Conacher Travers dated February 2004 which accompanied the subdivision application DA04/0572, a thirty-five (35) metre APZ was required (See Attachment No. 3). This area comprised a ten (10) metre outer protection zone within public reserve land, and a twenty-five (25) metre inner protection zone, consisting of eleven (11) metres of road reserve and fourteen (14) metres of restricted building zone on the front of residential lots.

 

The applicant has requested the existing restriction be modified, by reducing the APZ from the above lot to correspond with the changes in bushfire legislation from ‘Planning for Bushfire Protection, 2001’ to ‘Planning for Bushfire Protection, 2006’. The variation of the restriction of the Asset Protection Zone will allow for a new dwelling to be constructed on the lot at a reduced front setback whilst still maintaining appropriate separation from bushfire prone land.

Site and Surrounds

The subject lot is located in a new subdivision adjoined by Caddens Road to the north, Hermitage Court to the west, M4 Motorway to the south and a reserve to the east (identified as bushfire prone land). The subdivision currently has a mixture of vacant lots and new single and two-storey dwellings under construction or completed. The subject lot is vacant and surrounded by vacant lots with the exception of an existing two storey dwelling adjoining the north eastern side boundary. The surrounding area is characterised by high quality residential and rural residential development. The site is relatively level.

Proposed Development

The proposed development includes the following aspects:

 

·    Construction of a single storey dwelling.

 

The development application was accompanied by:

 

·    A request to vary the restrictive covenant relating to the APZ at the front of the lot.

·    An objection under State Environmental Planning Policy No. 1 – “Development Standards” to Clause 12 of Council’s Local Environmental Plan 1998 Urban Lands relating to minimum landscape areas.

·    Statement of Environmental Effects

·    Site and Building Plans

·    BASIX certificate

Assessment of variation to restrictive covenant

The applicant has requested the existing restriction be modified, by reducing the APZ to correspond with the changes in bushfire legislation from ‘Planning for Bushfire Protection, 2006’. The variation of the restriction of the APZ will allow for a new dwelling to be constructed on the lot at a reduced front setback whilst still maintaining appropriate separation from bushfire prone land. Adjoining and nearby lots in Heaton Avenue are also subject to the same restriction. Council has previously approved similar variations to many of these lots.

 

The amended guidelines for ‘Planning for Bushfire Projection, 2006’ are more site descriptive and set standards depending on conditions (such as slope, direction, access, water supply, type of vegetation and density) that apply to each site to determine the APZ setback for dwellings. Based on RFS calculated bushfire attack assessment reports and APZ modelling reports, the lot requires an inner APZ of 15m and a dwelling is required to be constructed to comply with AS3959-1999 ‘Construction of Buildings in bushfire prone areas’ and to a Level 1 construction.

 

Council has previously referred proposed variations of the APZ on adjoining lots to the NSW Rural Fire Service. The NSW Rural Fire Service responded that they have no objection to the variation and stated an APZ of 15m is required for the dwellings in this area. This APZ will consist of eleven (11) metres of road reserve and four (4) metres of restricted building zone on the front of residential lots. Dwellings will still be required to be constructed to comply with AS3959-1999 ‘Construction of buildings in bushfire prone areas’ to a Level 1 construction.

 

The variation of the restriction of the APZ is considered suitable and will allow a new dwelling to be constructed on the lot at a reduced front setback whilst still maintaining appropriate separation from bushfire prone land.

Assessment of SEPP 1 Objection

A State Environmental Planning Policy No. 1 – “Development Standards” (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 45.7%. This variation proposes a departure of 8.6% 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(b) Residential (Low Density) are as follows: 

 

(i) to reinforce the importance of natural landscape settings and areas with heritage conservation value.

 

The proposed dwelling is appropriately sited to ensure the natural landscape settings opposite the street frontage are maintained. The site is not identified as being in a heritage conservation area.

 

(ii) to promote the established urban and landscape character of traditional residential subdivisions by limiting the range of permissible uses.

 

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.

 

·    The proposal is considered to meet these objectives as the dwelling is of single storey design. As such there will be minimal impacts on overlooking, overshadowing and privacy. 

·    The dwelling has been designed to utilise the existing site conditions and adequate separation between site boundaries is provided.  The existing open space corridor along the rear boundary line will not be impacted upon.

·    Existing environmental features will be protected by ensuring no vegetation removal. Appropriate stormwater disposal to the street 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 has been designed to be site responsive and is reasonable development for the site.

·    The impact and extent of the proposed landscaped area is not inconsistent with surrounding properties within the subdivision.

·    The proposal satisfies the objectives of the zone.

 

In response to the submission the following comments are made. The SEPP 1 objection is considered appropriate under the circumstances because:

 

·    Local Environmental Plan 1998 –Urban Lands was adopted in the Heaton Avenue subdivision on 31 October 2008. The original subdivision was determined under LEP No. 96 with LEP 1998 being considered as a draft planning instrument only. LEP No. 96 did not have a minimum landscape area requirement. The minimum landscape area requirements for previous dwellings were assessed in accordance with the DCP (minimum 40%) and Draft LEP (50%). As such, previous dwellings were assessed with a balanced approach between these two documents. This usually resulted in a landscape area of approximately 45% being approved, similar to that proposed by this application.

·    The applicant has demonstrated that full compliance with the minimum landscape area requirement is unreasonable due to the large front setback needed to achieve the ‘average’. This setback is required due to the adjoining dwelling to the north-east being setback 14.0m from the front boundary. The minimum landscape area non-compliance is largely as a result of the extra driveway length needed for the dwelling setback. The minimum landscape area variation and the proposed dwelling are unlikely to have any significant impacts on the amenity of the locality.

·    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.

·    The proposal satisfies the objectives of the zone

 

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 has been designed to be site responsive and is reasonable development for the site.

·    The proposal satisfies the objectives of the zone.

Planning Assessment

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

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

Sydney Regional Environmental Plan No 20.

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 no tree removal required. The dwelling will have no impact on visibility from the riverine corridor and its scenic quality. Stormwater will be controlled and directed to the street system at the front 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 Zone No 2(b) Residential (Low Density). The proposed development is defined as a dwelling, which is permissible with the consent of Council.

 

2(b) 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. The proposed dwelling satisfies these objectives apart from the minimum landscape area non-compliance which 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 4.4 Preferred Configurations for New Dwellings

The objective is to ensure new dwellings adopt key features of established suburban design including entrance design, location of windows to main living rooms and private courtyards, and garages being 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 of the proposed dwelling include articulated building forms and facades, and stepping the front setback and north eastern elevation. This provides 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 side and rear setbacks comply with the required numerical standards. The proposed 8.5m front setback is considered a suitable average front setback. An average front setback is difficult to determine as the land is vacant to the south western side and an existing two storey dwelling with a fourteen (14) metre front setback exists on the north eastern adjoining side. The garage closest to the north eastern adjoining dwelling is stepped back to a front setback of 9.5m. The dwelling then steps forward incrementally towards the centre of the lot. As such, the stepped appearance is considered to create a balanced outcome in ensuring a suitable front setback.

 

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 issues are discussed above and adequate parking areas are provided. 

 

Section 5.5 Solar Planning

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. As the dwelling is of single storey design, the applicant has demonstrated that the dwelling meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive adequate solar access.

 

A satisfactory BASIX certificate has also been submitted to demonstrate adequate energy and water efficiency measures are incorporated into the dwelling.

 

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 the conservation significance or character. In this regard the dwelling design and location maintains natural topography and preserves existing landscapes. 

 

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 complies with these objectives.

 

The presence of a three (3) car garage is minimised as it is stepped back from the front of the dwelling and separated by individual columns. 

 

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 impact of the development on streetscape will be minimal as the dwelling is of single storey design adjoining an existing two storey dwelling to the north east. 

 

Stormwater is to be directed to street, creating minimal impact on adjoining properties.

 

Appropriate conditions are to be included relating to site management during construction.

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 limitations resulting from nearby bushfire prone land and existing adjoining setbacks, 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

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. The application was advertised between 12 June 2009 and 26 June 2009. No objections were received.

Conclusion

Under the objectives of the Local Environmental Plan 1998 Urban Lands, development is required to reinforce the importance of natural landscape settings,  promote the established urban and landscape character of traditional residential subdivisions by limiting the range of permissible uses, 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 request to vary the restrictive covenant relating to bushfire protection, and a SEPP 1 objection seeking a variation of the minimum landscape area from 50% to 45.7%.

 

The variation to the restrictive covenant applying to the land is supported as a result of legislation changes from ‘Planning for Bushfire Protection, 2001’ to ‘Planning for Bushfire Protection, 2006’.

 

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.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Release Restrictive Covenant applying to Lot 119, DP 1088137 (No. 22) Heaton Avenue, Claremont Meadows and Approve Development Application DA09/0512 for the construction of a single storey dwelling be received.

2.     The terms outlined in the restriction on the use of land fourthly referred to in the Section 88b Instrument of the Conveyancing Act 1919 applying specifically to Lot 119 in DP 1088137 (known as No. 22) Heaton Avenue, Claremont Meadows and Lots 114 to 118 in DP1088137 (subject to an application being lodged to vary the restriction on these lots) be varied to allow the Inner Protection Area Asset Protection Zone to be reduced to 4.0m with the remainder being provided within the 11.0m road reserve.

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

4.     The submitted SEPP 1 be supported.

 

5.     DA09/0512 for a Single Storey Dwelling on Lot 119 DP 1088137 (No. 22) Heaton Avenue, Claremont Meadows, be approved subject to the attached conditions:

5.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A009 Residential Works DCP

A046 Obtain a Construction Certificate

D001 Implement approved sediment & erosion control measures

D007 Cut and fill

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

K003 Drainage

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

5.2     Bushfire Construction Level - The dwelling shall be constructed       in accordance with the provisions of "Planning for Bushfire Protection" December 2006, to a Level 1 construction under AS3959- 1999 "Construction of buildings in bushfire-prone areas". Furthermore, roofing shall have leafless guttering and valleys are to be screened to prevent the build-up of flammable material

5.3      Landscaping – Landscaping consisting of native shrubs are to be planted along the north eastern boundary forward of the front building line

5.4     Registration of 88b instrument -  Prior to the issue of the Construction Certificate for the development, the variation of the restriction on the use of land fourthly referred to, in the Section 88B Instrument attached to Deposited Plan 1088137 shall be registered with Department of Lands

The variation to the covenant shall be in the terms approved by Penrith City Council.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site and elevation plans of dwelling

2 Pages

Appendix

3. View

Existing Asset Protection Zone Map

1 Page

Appendix

  


Ordinary Meeting

24 August 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

24 August 2009

Appendix 2 - Site and elevation plans of dwelling

 

 

 


 


Ordinary Meeting

24 August 2009

Appendix 3 - Existing Asset Protection Zone Map

 

 

 

 


Ordinary Meeting

24 August 2009

A Green City

 

 

 

7

Release Restrictive Covenant applying to Lot 204 DP 1093617 (No. 51) Heaton Avenue, Claremont Meadows  Applicant:  Masterton Homes Pty Ltd;  Owner:  Ms Mary Camilleri    

DA09/0579

Compiled by:                Wendy Butler, Graduate Environmental Planner

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 single storey dwelling. The application seeks the removal of a restrictive covenant applying to the land.

 

The restrictive covenant imposed as part of the original subdivision approval specifies where the driveway is to be constructed on the subject lot.   This restriction was imposed to ensure adequate separation of future driveways to adjoining sites to the east.

 

The proposed 4 bedroom, single storey dwelling has been designed to complement existing development within the new subdivision (See Appendix No. 3 for Subdivision Plan and Appendix No. 5 & No. 6 for Floor Plans & Elevations). The site is situated on the northern side of Heaton Avenue and is currently vacant (see Appendix No. 4). It is rectangular in shape with a total area of 549.60m2 with approximately a 1.5m slope to the eastern boundary.  The dwelling achieves the objectives of Local Environmental Plan 1998 Urban Lands by providing an innovative and site responsive development that complements the surrounding area and minimises impacts on adjoining properties.

 

The report recommends that this restriction be removed with the Common Seal of Penrith City Council being affixed to all necessary documentation.

Background

Council approved subdivision application DA 04/2582 for 19 new allotments for residential purposes in Caddens Road, Claremont Meadows in April 2005. As part of that approval, restrictive covenants under Section 88B of the Conveyancing Act 1919 were imposed.

 

The restriction on the use of land, fourthly referred to in the subject deposited plan relates to Lot 204 and states:

 

“No driveway will be permitted to be constructed on the lot hereby burdened unless the said driveway is constructed adjacent to the boundary designated “X” – “Y” on the abovementioned plan.”

 

This restriction sought to provide future driveway separation from Lot 204 and the adjoining property to the east.

 

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

Site and Surrounds

The site is situated on the northern side of Heaton Avenue and is currently vacant.  It is rectangular in shape with a total area of 549.60m2 with approximately a 1.5m slope to the eastern boundary.  The surrounding area is characterised by residential development in a new subdivision. There is a dwelling to the west and rear of the site and the land to the east is currently vacant.

 

The subject lot fronts a bend in Heaton Avenue. The section of road running north/south (directly in front of the lot) is only half road construction pending future development of adjoining land to the east. See Locality Map (See Appendix No.1).

The Proposal

The proposed development includes the construction of a single storey, four (4) bedroom brick veneer dwelling with attached two (2) car garage.

 

The development application was accompanied by the following:

 

·    Statement of Environmental Effects

·    BASIX Certificate

·    Waste Management Plan

·    Soil and Water Management Plan

 

Plans of the proposed development are outlined in Appendix No’s. 4, 5 and 6.

Assessment of Issues Relating to Positive Covenant

The applicant has requested that the restrictive covenant over Lot 204 be removed to allow the construction of the driveway adjacent to the eastern boundary of the site.  Clarification of this restriction was subsequently sought from Council’s Engineers together with advice on the prospect of having it removed.

 

The original plan of subdivision indicates a proposed later stage of development on the land east of Heaton Avenue. The restrictive covenant was applied to Lot 204 to ensure safe ingress and egress from adjacent and nearby allotments proposed in future development of this land.

 

Following consideration of the applicant’s request, Council’s Engineers have agreed to support a modification to the current proposal. This amendment will allow the driveway to remain on the preferred side of the site while achieving a satisfactory outcome for safe and manageable ingress and egress for any future adjoining allotments. (See Appendix No. 2)

Assessment of Development Application

The development has been assessed in accordance with the matters for consideration under Section 79(i) of the Environmental Planning and Assessment Act 1979. The site has been inspected. The following matters have been considered in the assessment:

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 no tree removal required. The dwelling will have no impact on visibility from the riverine corridor and its scenic quality. Stormwater will be controlled and directed to the street system at the front of the property.

 

The proposal is in keeping with the objectives of the SREP.

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(b) Residential (Low Density). The proposed development is defined a dwelling house which is permissible with the consent of Council.

 

Zone Objectives

 

The objectives of Zone No. 2(b) Residential (Low Density) are:

 

“(i) to reinforce the importance of natural landscape settings and areas with heritage conservation values, and

(ii) to promote the established urban and landscape character of traditional residential subdivisions by limiting the range of permissible residential uses, and

(iii) to allow a limited range of compatible non-residential uses.”

 

The proposal meets the above objectives and relevant development standards.

 

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

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 4.4 Preferred Configurations for New Dwellings

 

The objective is to ensure new dwellings adopt key features of established suburban design including entrance design, location of windows to main living rooms and private courtyards, and garages being 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 of the proposed dwelling include articulated building forms and facades, and stepping the front setback and north eastern elevation. This provides 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 side, rear and front setbacks comply with the required numerical standards.

 

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. The proposed development provides the required landscape and parking area.

 

Section 5.5 Solar Planning

 

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. As the dwelling is of single storey design, the applicant has demonstrated that the dwelling meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive adequate solar access.

 

A satisfactory BASIX certificate has also been submitted to demonstrate adequate energy and water efficiency measures are incorporated into the dwelling.

 

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 the conservation significance or character. In this regard the dwelling design and location maintains natural topography and preserves existing landscapes. 

 

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 complies with these objectives.

 

 

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 proposed development would have minimal impacts in terms of access, traffic, public domain, utilities, heritage or the natural environment.

 

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

·    The removal and replacement of the street tree is the only removal of vegetation proposed. Additional landscaping will be provided to the areas surrounding the dwelling and driveway.

·    Reticulated water, electricity and telephone services are available to the site. A rainwater tank is incorporated in the development for the reuse of water on the property.

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

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

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

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

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

·    The site is suitable for the construction of a dwelling.

·    The site attributes are conducive to the development.

·    The site is bush fire prone land. The hazard was considered in assessment of the subdivision application. The 88B Instrument and Rural Fire Service require construction to Level 1. Conditions of approval have been applied.

5.       Section 79C(1)(c) Any Submissions made in relation to the

The application was not required to be publicly notified in accordance with our Notification and Advertising DCP.

Conclusion

Assessment of the application for the dwelling demonstrates that it is generally in accordance with the principles and objectives of the relevant LEP and DCP requirements and complements development in the locality.

 

The request to remove the terms of Restrictive Covenant, fourthly referred to in the 88B Instrument attached to Lot 204, DP 1093617, is supported as it has been demonstrated that the proposal is unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this property.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Release Restrictive Covenant applying to Lot 204 DP 1093617 (No. 51) Heaton Avenue, Claremont Meadows be received.

2.     The Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 204, DP 1093617 be removed.

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

4.     Development Application No. 09/0579 for the construction of a single storey dwelling be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

4.1       A008 – Works to BCA requirements

A009 – Residential Works DCP

          A019 – Occupation Certificate

A041 – Construction in Bushfire Areas

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D007 – Cut and fill of land requiring Validation Certificate

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

H001 – Stamped plans and erection of site notice

H002 -  All forms of construction

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

H034 – Bushfire roof sarking

I003 – Roads Act approval

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Q005 -  Occupation Certificate

Special Conditions

4.2     A street tree removal fee of $380.00 must be paid for the loss of amenity. The tree must be removed by Council authorised Tree contractors. A suitable replacement tree must be planted in a suitable area on the footpath by an authorised contractor. Refer to Councils Landscape DCP for planting details and species

 

4.3     Prior to the issue of a Construction Certificate for the development, the removal of the Restriction on the Use of land numbered 4 in DP 27107 shall be registered with the Land and Property Information division of the Department of Lands.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Amended Driveway Plan

1 Page

Appendix

3. View

Subdivision Plan

1 Page

Appendix

4. View

Site Plan

1 Page

Appendix

5. View

Floor Plan

1 Page

Appendix

6. View

Elevations

1 Page

Appendix

  


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24 August 2009

Appendix 1 - Locality Plan

 

 

 

 


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24 August 2009

Appendix 2 - Amended Driveway Plan

 

 

 

 


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24 August 2009

Appendix 3 - Subdivision Plan

 

 

 

 


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24 August 2009

Appendix 4 - Site Plan

 

 

 

 


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24 August 2009

Appendix 5 - Floor Plan

 

 

 

 


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24 August 2009

Appendix 6 - Elevations

 

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Liveable City

 

Item                                                                                                                                       Page

 

8        Tender Reference 25-08/09 Civic Centre Lift Refurbishment and Maintenance Contract

 

9        2009 World Masters Games Baseball Competition at Samuel Marsden Reserve

 

 



Ordinary Meeting

24 August 2009

A Liveable City

 

 

 

8

Tender Reference 25-08/09 Civic Centre Lift Refurbishment and Maintenance Contract   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Hans Meijer, City Works Manager

Authorised by:             Wayne Mitchell, Group Manager - City Infrastructure   

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs

Strategic Direction: Council’s assets are based on ‘whole of life’ planning and costs

     

 

Executive Summary

To advise Council on the outcome of a Tender for the refurbishment of the three (3) Civic Centre Lifts, including an ongoing 3 year maintenance Contract commencing after the expiry of the 12 months defect liability period.

 

A total of 10 tender responses were received and following a review of the tenders by the Evaluation Panel a determination was made to short list 2 tenderers that would represent the best value for money to Council. The companies short listed were Electra Lift Co Pty Ltd and Otis Pty Ltd. Both tenderers were subjected to a financial risk analysis and referee checks. Following this it was determined that both tenderers were sound and well established in the industry and both demonstrated their capability in meeting all of Council’s requirements.

 

Based on overall best value for money over the expected life of the lifts following refurbishment, the Evaluation Panel is recommending that the required works for a lump sum price of $422,800 along with the 3 year maintenance Contract for the total amount of $36,000 be awarded to Electra Lift Company Pty Ltd.

Background

The existing lift facilities are now over 20 years old and are difficult to maintain due to obsolescence of certain components. Parts for the existing lift are scarce due to their age and the existing lifts are being repaired as required by installing parts from other decommissioned lifts of the same type. At present, the lift services have been maintained on an ad hoc basis and are in need of refurbishment and upgrade in line with current technologies. New lifts were not considered due to the substantial costs that may be involved in modifying the lift wells to fit new lifts and their components.

 

Tenders were publicly advertised in the Sydney Morning Herald, the e-tendering web site and local press on 16 May 2009 and closed on 18 June 2009.

 

Tender Documents

An independent lift Consultant (Integralift) was engaged to prepare the detailed specifications and to provide assistance in the technical evaluation of tenders.

 

The specifications required tenderers to submit proposals for the following components:

·    Upgrade and refurbishment of existing lifts;

·    Ongoing maintenance contract following completion of the 12 months defects liability period.

 

Tenderers were required to submit their responses in accordance with pro forma schedules included with the tender documents. All pro forma schedules were consistent with the evaluation criteria.

 

Tenders received

A total of 10 tenders were received as follows:

 

Avaness Engineering Pty Ltd

Electra Lift Co Pty Ltd

Elevator Service Group Pty Ltd

Kone Elevators Pty Ltd

Lift Fix Pty Ltd

Liftronic Pty Ltd

National Lift Service Pty Ltd

Otis Pty Ltd

Schindler Lifts Australia Pty Ltd

ThyssenKrupp Elevator Australia Pty Ltd

 

Elevator Service Group Pty Ltd, National Lift Service P/L and Avaness Engineering Pty Ltd did not submit an offer in accordance with the specified requirements and instead provided a tender for the complete replacement of the lifts. This was not allowed for in the tender documents and therefore these tenders were not considered in the evaluation of tenders.

 

Tender Evaluation

Evaluation Panel

The tender evaluation panel comprised the following members:

 

Mal Ackerman (Supply Coordinator)

Hans Meijer (City Works Manager)

Gavin Palmer (Associate for Integralift - Lift Consultants)

 

Evaluation Criteria

The tenders submitted were assessed in accordance with the evaluation criteria specified in the tender documents.  The criteria included:

 

·    Tendered Prices

·    Chart of percentages

·    Cash Flow requirements

·    Project Timeline

·    Project / Works Quality Plan

·    Energy Sustainability

·    Lift Code items

·    Building items statement

·    Technical Compliance

·    Quality Assurance Management

·    Environmental Management

 

Tendered Prices

The following table lists the remaining tenders along with their tendered prices. A separate cost column has been included showing the total 3 year contract maintenance costs. All prices exclude GST and are in order from lowest to highest.

 

Tenderer

Refurbish/Upgrade 3 Lifts

Maintenance cost-3years

Overall Total Price

Lift Fix Pty Ltd

367,640.00

27,000.00

394,640.00

Electra Lift Co Pty Ltd

422,800.00

36,000.00

458,800.00

Otis Pty Ltd

444,505.00

43,050.00

487,555.00

Liftronic Pty Ltd

446,000.00

63,000.00

509,000.00

ThyssenKrupp Elevator Australia Pty Ltd

469,000.00

40,392.00

509,392.00

Schindler Lifts Australia Pty Ltd

548,399.00

51,750.00

600,149.00

Kone Elevators Pty Ltd

588,000.00

45,900.00

633,900.00

 

Evaluation Comments

Comments relating to technical aspects of each tenderer’s proposal were provided by the independent consultant and are reflected below in the evaluation comments and in the final recommendation.

 

Lift Fix Pty Ltd

The tender submitted by Lift Fix Pty Ltd is the lowest tender overall. However, their experience in this type of fit out has been limited to minor type works only. They have a very small service base (38 units) and have only been in operation for 3 years. The organisation is made up of two Directors and one permanent maintenance technician. They have not previously undertaken any similar size works in the past, the largest project being the modernisation of two Schindler lifts in an office in Burwood NSW with a total project value $72,784. Their core business is mainly servicing and based on their capability assessment they were unable to clearly demonstrate their capacity to satisfactorily carry out the required works. Lift Fix Pty Ltd does not have quality accreditation in accordance with any ISO Standard. Even though the offer from Lift Fix Pty Ltd is very competitive they are not recommended as they have not clearly demonstrated their capacity to undertake the works nor have they demonstrated sufficient depth of technical resources required to support the works. There are also concerns regarding their ongoing capacity to provide guaranteed response times to breakdowns in the event of trapped passengers.

 

Electra Lift Company Pty Ltd

Electra Lift Company Pty Ltd demonstrated their capability in performing the works in accordance with the specified requirements. All main components offered, such as the controller, pump, motor and valve block, are well known and used in the industry and can be serviced by others.

 

They could not provide a valid certificate of currency for Professional Indemnity Insurance but stated that this would be made available should they be selected as the preferred tenderer.

 

Electra Lift Company demonstrated compliance with all of the evaluation criteria and are capable of delivering the required outcome.

 

In regard to the ongoing servicing and maintenance of the lifts, they currently have a fleet of 18 service vehicles operating throughout the Sydney Metropolitan area and can provide a breakdown response time of between 30 minutes to 1 hour.

 

They are 100% Australian owned and have been servicing the greater Sydney area for a period of 30 years, servicing a wide range of clientele including hospitals, shopping centres, factories and commercial office buildings.

 

The tender submitted by Electra Lift Company Pty Ltd represents the best “overall value for money and low risk offer” to Council and is recommended.

 

Otis Elevator Company Pty Ltd

Otis Elevator Company Pty Ltd is the incumbent service provider and has been for several years. They have fully demonstrated their compliance with the evaluation criteria and specified requirements. They are well placed to carry out an upgrade of this nature as they have the demonstrated technical capability and resources to support their product after the upgrade is completed.

 

The control system proposed is robust in design and inherently reliable. This product has been widely used in the past and is well supported. This also applies for the valve block, motor and pump unit nominated in the technical schedule.

 

Although the tender submitted by Otis Elevator Company Pty Ltd is not the lowest they would be more than capable of meeting all of the specified requirements.

 

They have a long standing in the industry and have an excellent reputation. They have demonstrated their capability in their level of product support and depth of technical resources to provide a high level of service. However, there was no apparent major benefit to Council in selecting their offer over the offer of Electra Lift Company Pty Ltd.

 

Liftronic Pty Ltd

Liftronic Pty Ltd demonstrated their capability in providing an acceptable product and ongoing support for their equipment. The price tendered was higher than the tendered price submitted by both Electra Lift Company Pty Ltd and Otis Pty Ltd. The Evaluation Panel determined there was no advantage in giving further consideration to their tender.

 

ThyssenKrupp Elevator Australia Pty Ltd

ThyssenKrupp Elevator Australia Pty Ltd would have the technical capability and products to complete the project, however the tendered price is not competitive and there would be no advantage to Council in considering this higher priced tender.

 

 

Schindler Lifts Australia

Schindler Lifts Australia would have the technical capability and products to complete the project, however the tendered price is not competitive and there would be no advantage to Council in considering this higher priced tender.

 

Kone Elevators Pty Ltd

Kone Elevators Pty Ltd would have the technical capability and products to complete the project, however the tendered price is not competitive and there would be no advantage to Council in considering this higher priced tender.

 

Whole of life costs

Based on the evaluation of the tenders, it was determined that the submissions representing the best value for money and minimal risk to Council were the tenders received from Electra Lift Company Pty Ltd and Otis Elevator Company Pty Ltd . To ensure overall value, both Companies tenders were subjected to a whole of life cost analysis taking into consideration the following components:

·    Initial Capital Cost

·    Maintenance costs over expected life of 15 years

·    Electricity consumption cost over expected life (15 years)

 

Cost comparison table

Whole of life cost comparison for both tenders based on 15 year life expectancy

Electra Lift Co Pty Ltd

$

Otis Pty Ltd

$

Capital Cost of Modifications

422,800.00

444,505.00

Initial 3 year Maintenance charges

36,000.00

43,050.00

Balance of Maintenance charges over remaining 11 year period

132,000.00

157,850.00

Electricity Consumption Costs (annual)

2,587.00

2,047.00

Total Life Costs

593,387.00

647,452.00

 

 

Financial Analysis

Third party financial analysis checks were conducted for both Electra Lift Company Pty Ltd and Otis Elevator Company Pty Ltd. Both tenderers demonstrated a sound financial capacity to undertake the works.

 

Referee Checks

Third party referee checks were conducted for both Electra Lift Company Pty Ltd and Otis Elevator Company Pty Ltd. It was re-affirmed that both tenderers have an excellent work and service record in the industry.

 

 

Comment by Group Manager – Finance

 

A total of $450,000 has been allocated for the Civic Centre lift refurbishments as part of the Building Asset Renewal Program.  In addition to this an annual allocation of $18,700 for lift maintenance is included in the Building Maintenance program.  The preferred tender from Electra Lift Co Pty Ltd of $422,800 is within the available funds and provides for both the provision and installation of lift upgrade and the first 12 months maintenance.

 

Comment by Tender Advisory Group

 

The Tender Advisory Group (TAG) was made up of the Group Manager ~ Legal and Governance, the Acting Executive Officer, the Group Manager ~City Infrastructure, the City Works Manager and the Supply Coordinator.

The TAG reviewed the methodologies used by the Evaluation Panel and made enquiries with the City Works Manager and the Supply Coordinator regarding the two short listed tenders.

After making the above enquiries, the TAG supported the recommendation made by the Evaluation Panel.

 

Conclusion

The Evaluation Panel determined that the best value for money tender representing minimal risk to Council was submitted by Electra Lift Company Pty Ltd and they are recommended as the preferred contractor for the upgrade of three (3) lifts along with the ongoing maintenance for a period of three (3) years immediately following the conclusion of the defects liability period. Electra Lift Company Pty Ltd have a long term record in the industry (32 years) and have infrastructure in place to provide a high level quality of service with 18 maintenance technicians servicing the greater Sydney Area. Otis Pty Ltd also have a very good reputation in the industry and have been in operation for over 50 years, whilst they have a dedicated service team providing service to Western Sydney and the Penrith area, the premium payable by selecting Otis Pty Ltd was not considered to be “value for money”.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 25-08/09 Civic Centre Lift Refurbishment and Maintenance Contract be received.

2.     The tender from Electra Lift Company Pty Ltd be accepted for the upgrade of three (3) lifts for a lump sum fixed price of $422,800

3.     The tender received from Electra Lift Company Pty Ltd for a 3 year maintenance contract be accepted (to commence on expiry of the 12 month defects liability period) for the annual cost of $12,000.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

24 August 2009

A Liveable City

 

 

 

9

2009 World Masters Games Baseball Competition at Samuel Marsden Reserve   

 

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

Due to an overwhelming number of entries into the Sydney 2009 World Masters Games baseball competition, the Games Organising Committee needs to provide an additional baseball venue and has identified Samuel Marsden Reserve, Orchard Hills, as the preferred facility.

 

An audit of this facility by the Colyton St Clair Baseball Club, Sydney World Masters Games Organising Committee and Council Officers, has identified necessary work to ensure that the venue is to a standard for the Games’ competition, as well as to provide a legacy for the existing facility users.

 

The Club has made a significant commitment to providing an ‘in kind’ contribution to prepare the venue for the Games, however, there are a number of outstanding matters that the Club cannot complete as they do not have the funds to accomplish them. This report proposes that Council consider making a contribution for the shortfall in Club funds to complete the identified projects, that being an amount of $11,730, with funds currently available in the Recreation Reserve.

Background

The 2009 World Masters Games in Sydney will feature competitions in 28 different sports and is taking place between 10–18 October. Penrith is hosting:

 

-        Canoe Polo at Penrith Whitewater Stadium Warm Up Lake

-        Canoe/Kayak Slalom at Penrith Whitewater Stadium

-        Canoe/Kayak Marathon on the Nepean River

-        Canoe/Sprint at Sydney International Regatta Centre, Penrith Lakes

-        Rowing at Sydney International Regatta Centre, Penrith Lakes

-        Touch Football at St Marys Leagues Club and also The Kingsway Playing Fields

-        Baseball at Samuel Marsden Reserve, Orchard Hills

 

Colyton St Clair Baseball Club currently operates at Samuel Marsden Reserve and, after consultation with Council Officers, has agreed that the facility can be used by the Sydney World Masters Games Organising Committee. To ensure that the facility is presented to meet the required competition standards, the Club has committed to the following ground improvements, in readiness for hosting the World Masters Games.

Diamond 1

-        re-align, recut and resurface base paths and pitching mound 

-        repair boundary fences

-        construct bull pen area for both home and away dug outs

-        remove existing junior pitching mounds

-        outfield warning markings

-        replace existing scorers table

-        provide new field numbering signs and distance signs

 

Diamond 2

-        re-align, recut and resurface base paths and pitching mound

-        repair infield 

-        repair boundary fences

-        construct bull pen area for both home and away dug outs

-        remove existing junior pitching mounds

-        outfield warning markings

-        provide new field numbering signs and distance signs


Diamond 3

-        re-align, recut and resurface base paths and pitching mound 

-        repair boundary fences

-        construct bull pen area for both home and away dug outs 

-        outfield warning markings

-        provide new field numbering signs and distance signs



 

Other Tasks

-        move diamond sand bin

-        clean up car park & bush surrounds

 

The work that the Club is unable to undertake due to insufficient funds is:

 

Diamond 1        

 

-        provision of 2 gates close to the dug outs               

 

-        provision of new roofs to dug outs

 

Diamond 2    

 

 -       provision of 2 gates close to the dug outs               

 

-        provision of new roofs to dug outs

 

Diamond 3        

 

-        provision of 2 gates close to the dug outs               

 

-        enclose dugouts      

 

Quotations for this work have been obtained by Council Officers and they can be completed at a cost of $11,730.

 

Financial Services Manager’s Comment

 

To fund the $11,730 required for the projects 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 $18,614.  Should $11,730 be provided for these projects, this would be reduced to $6,884.

 

Conclusion

 

The Penrith Local Government Area will host seven events, at six different venues, as part of the Sydney 2009 World Masters Games, providing a great opportunity for the Area to capitalise on an event that will attract approximately 5,000 competitors to Sydney and its surrounding regions.

 

In particular, the event is important to Clubs such as Colyton St Clair Baseball Club that will benefit from hosting a competition at their venue. Not only will the Club be able to showcase their home venue but the event will also assist in the sustainability of the Club and sport.  The Club will able to promote themselves to potential new members and also to benefit financially through the generation of funds from kiosk sales and the like which, in turn, could be used to further enhance the facilities or sport development programs.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009 World Masters Games Baseball Competition at Samuel Marsden Reserve be received.

2.     Council allocate $11,730 from the Recreation Reserve as a contribution towards the development of facilities at Samuel Marsden Reserve for the purpose of hosting the 2009 World Masters Games baseball competition.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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A Vibrant City

 

Item                                                                                                                                       Page

 

10      Mulgoa Bicentenary Celebrations - 7 November, 2009

 

 



Ordinary Meeting

24 August 2009

A Vibrant City

 

 

 

10

Mulgoa Bicentenary Celebrations - 7 November, 2009   

 

Compiled by:                Colin Dickson, Acting Economic Development and City Marketing Manager

Authorised by:             Brian Steffen, Group Manager - Information & Customer Relations 

Requested By:             Councillor Karen McKeown

Strategic Objective: We build on our strengths

Strategic Direction: Our cultural facilities meet local needs, and attract regional interest

     

 

Executive Summary

This report is to advise Council of the proposed Bicentenary Celebrations in Mulgoa on 7 November 2009 and to consider providing additional funding to the Mulgoa Progress Association following their request for further funds.

Background

2009 marks the 200th anniversary of the first grant of land at Mulgoa by Lt. Governor Paterson to four year-old Edward Cox on 1 November 1809, confirmed by Governor Macquarie on 1 January 1810.

 

To celebrate the Bicentenary of the first Land Grants in the Mulgoa Valley, various activities have been planned by Mulgoa Progress Association for Saturday 7 November commencing at 10 am. These include historical displays, stalls and activities by local schools.  The Mulgoa Progress Association will also conduct tours of the grounds of Fernhill, Winbourne, Fairlight and Glenleigh (garden and interior).  The Cottage garden will be open for inspection under the Open Gardens Scheme on 7-8 November. Additionally, National Parks will conduct a Discovery Walk in the Mulgoa Nature Reserve to explore the ruins of Sir John Jamison’s Regentville and the Cumberland Plain Woodland.

 

A major highlight of the day will be the official opening of festivities by Her Excellency Professor Marie Bashir AC CVO, Governor of New South Wales, at 11.00 am in Mulgoa Park.

 

Council officers have already met with the executive of the Mulgoa Progress Association on several occasions to determine the assistance Council could provide. Following these meetings, a range of assistance has already been provided to help in the conduct of the festival. This assistance took the form of $1,000 in financial assistance for the event plus the opportunity to cross-promote the Mulgoa celebrations within the weekly Visitors Information Centre “What’s On” publication, at Council’s Family Fun Day, the St Marys Spring Festival, as well as in Council’s general advertising for its anniversary celebrations that are held one week later.  In addition, Council has booked the Mulgoa Hall for the Committee’s use as a wet weather contingency at no cost to the Association, and will be booking the community buses and drivers on 7 November for the tours of Mulgoa’s Historic Houses.

 

 

 

Current Situation

 

At the Council meeting of Monday 29 July 2009, Councillor Karen McKeown requested an urgent report outlining the proposed activities to celebrate the Mulgoa Progress Association Bicentenary and funding sources for an additional $5,000 to enable this event to proceed.

 

An outline of the activities that will take place at the festival and the assistance Council has provided to date is outlined in the background above.

 

Mulgoa Progress Association has now approached Council requesting further assistance to help defray other costs associated with the festival. These include:

 

·    Reprinting 200 copies of the Mulgoa Progress Association book “Mulgoa! Mulgoa! Where is that? - a general history of Mulgoa”

·    Insurance for the event

·    Printing of invitations, flyers, tickets and brochures

·    Hire of fete stalls and their erection

·    Hire of tables, chairs and market umbrellas

·    Hire of stage

·    Hire of traffic barriers

·    Hire of portable toilets

·    Hire of flag pole

·    Signage

·    Advertising

·    Secretarial and accounting expenses

·    Postage

·    Updating of the Mulgoa Progress Association webpage Re: the Bicentenary

·    Printing of Mulgoa postcards

 

Mulgoa Progress Association has indicated it will promote Council’s anniversary celebrations at its 7 November event.

 

There are currently no funds available in the City Marketing and Events budget to accommodate the request for additional funding from the Mulgoa Progress Association as the funds have been fully committed for 2009-10.

 

Comment from Financial Services Manager

 

The development of the 2009-10 Operational Plan required Council to reduce a number of programs to ensure that a balanced budget could be delivered given the challenging economic climate.  As a result, a number of Council’s operational budgets were rationalised, including the City Marketing and Events budget.  Consequently, this budget has been fully committed for 2009-10, including a contribution to this event of up $2,000 through a cash contribution ($1,000), hall hire and buses, and does not have the scope to further contribute.

 

In another report to tonight’s meeting, the 2008-09 budget result has been considered and a deficit has been reported.  This deficit will place additional pressure on Council’s capacity in 2009-10 and therefore additional funding for this event has been unavailable to be identified.

 

 

RECOMMENDATION

That the information contained in the report on Mulgoa Bicentenary Celebrations - 7 November, 2009 be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                       Page

 

11      NSW Local Infrastructure Fund application for Caddens Release Area infrastructure

 

 



Ordinary Meeting - Urgent Report

24 August 2009

A Leading City

 

 

 

11

NSW Local Infrastructure Fund application for Caddens Release Area infrastructure    

 

Compiled by:                Ray Richardson, Grants Support Officer

Andrew Moore, Financial Services Manager

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

Wayne Mitchell, Group Manager - City Infrastructure   

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

This Report seeks Council’s approval for submission of an application to the NSW Government’s Local Infrastructure Fund for an interest free loan of $4,566,000, repayable over a period of ten years, to bring forward construction of improvements to local roads providing access to the Caddens Release Area to stimulate development in this urban growth precinct.

 

Council is working closely with Landcom and service providers to coordinate the delivery of the necessary infrastructure to facilitate the Release Area for development from December 2010.

 

Background

In June 2009 the NSW Department of Planning announced a $200 million Local Infrastructure Fund to provide interest free loans to local government to bring forward infrastructure projects otherwise delayed due to a lack of funding.

 

The requirements for eligibility required for the NSW Government are included here for Council’s information.

 

Eligibility criteria:

 

The NSW Local Infrastructure Fund will support projects under the following conditions:

1. Project must cost a minimum of $1 million and support urban development including roads and related infrastructure.

2. applicants are eligible for only one funding contribution per project

3. funding will not cover administration, travel, licensing, salaries or other activities that are the responsibility of the applicant

4. a maximum of 10% of the total funding amount can be spent on specialist advice or design and permit costs (for example engineering or planning).

 

Other conditions surrounding the application include:

 

§ There is no requirement for applicants to contribute funds towards a project.

§ Funding will be targeted towards high growth areas and priority will be given to projects that facilitate the servicing of new homes or employment growth.

§ All applicants must demonstrate their capacity to deliver the project within the time frames of the program:

o Projects must commence in the 2009-2010 financial year.

o Projects must be completed within 18 months of the funding being provided.

o Councils must be able to demonstrate they have the capacity to deliver.

§ Works are to essential for urban development

§ Funding will only be provided to projects that accelerate infrastructure provision that would not otherwise be able to be funded by Council.

 

Funding Agreement

 

Funds will be provided to Local Councils as an interest free loan. Councils will be asked to prepare a repayment schedule for each loan, within parameters set by the State Government. Specifically, the term of a loan cannot exceed 10 years and repayments will need to occur at least annually. The repayment schedule will be defined upfront before the award of any funds.

 

Project proposal

 

Consideration has been given to a number of potential projects across the City.  The proposed project has been assessed as the best fit for the program and generally meets the assessment criteria. Council’s project proposal includes the following elements:

 

Project item

Purpose

Collector Road upgrade to O’Connell St (east)

Full reconstruction of the 750m length of road is required to upgrade from a rural road to an urban road. This requires significant changes to the vertical alignment which cannot be done in a piecemeal manner. Electrical lead in services are also required to follow the new alignment.

Collector Road upgrade to O’Connell Lane

Full construction of 700m length of road is required as this is an unformed road. The road will also contain new water main service feeding the whole of the WELL Precinct and the electrical feeder main servicing a large portion of Caddens release area. It is critical this infrastructure is delivered up front however no funding is available at the early stages of Caddens.

Collector Road upgrade to Caddens Rd west of WELL Precinct

Full reconstruction of the 450m length of existing rural road is required to improve access to the development and improve road safety in the area. Funding through Section 94 will only become available at the end of development where as the infrastructure is required in the early period to manage road safety.

 

How the project will provide immediate local economic stimulus

 

The proposed road infrastructure projects lead to the following immediate local economic stimulus:

 

•    Consultancy jobs, construction jobs and indirect employment from construction of the identified roads.

•    Road infrastructure funding will enable orderly and accelerated supply of land for housing.

•    Will facilitate the provision of other infrastructure required to support development of the precinct.

•    The project will provide better access and services to the WELL Precinct Centre site making development more viable. This will bring forward employment associated with the construction of the centre and the ongoing employment in the retail and commercial businesses that will establish in the centre.

•    The eastern sub-precinct of Caddens will become viable to develop for housing thus creating direct and indirect jobs arising from construction of a potential 870 additional dwellings.

 

The proposed road infrastructure projects are the key to unlocking the land within the precinct for development line with local and state government policy objectives.

 

How many jobs will be supported by this project?

 

An employment strategy was prepared for the rezoning of the Caddens Release area by The Stafford group which identifies the employment opportunities arising from development of the release area. The following tables illustrate both the permanent positions and construction jobs created within Caddens and the portion that will benefit directly from the proposed works.

 

Permanent Positions

Employment Opportunities

Direct Jobs on Site

Indirect Jobs within Penrith LGA

Total of direct and Indirect Jobs

Total Benefiting from Funding

Home based businesses

175

 

175

122

Supermarket jobs

275

347

662

662

Specialty retail

443

558

1001

1001

Mixed use commercial

16

14

30

30

Commercial

36

31

67

67

Community centre

7

6

13

13

Total

 

 

 

1,895

 

Construction Positions

Construction Jobs

Direct Jobs on Site

Indirect Jobs within Penrith LGA

Total of direct and Indirect Jobs

Total Benefiting from Funding

Retail and commercial centre

250

606

856

856

Housing (assumes 246 dwellings per annum)

2117

2263

4380

3055

Total

 

 

 

3,911

 

The aggregate of permanent and construction employment opportunities that will benefit from the funding and may commence sooner than would otherwise occur is 5,806.

 

How will completion of this project bring forward the construction of housing in high population growth areas?

 

The Caddens Release Area sub-precinct has a potential yield of over 1,200 dwellings. It provides a variety of land uses including: residential, employment, retail, open space and conservation. Its proximity to educational and transport facilities provides self sustaining living opportunities.

 

Caddens is well located in relation to services such as Penrith CBD, Nepean Hospital, the University of Western Sydney, Western Sydney College of TAFE and employment districts.

 

A barrier to development is the high cost of critical infrastructure that needs to be borne by the first developer. This creates a disincentive for development.

 

NSW Local Infrastructure funding will enable critical infrastructure to be provided, removing a significant barrier to development, reducing the cost of development, and promoting supply and competition in the market.

 

In addition to accelerating housing development this proposal has the potential to bring forward the development of the retail centre proposed for the former Drive-in site owned by UWS.  Landcom have advised, through their discussion with UWS, that should this project go ahead that the provision of services adjacent to the UWS site as part of this project will remove one of the major obstacles that is holding back the development of the UWS site.

 

Why the proposed project has been delayed

 

The development of land in the Caddens Release Area has not commenced to date as the release area has been undergoing rezoning. The rezoning process is near completion with gazettal of the LEP expected in September 2009. Once rezoned, development can commence in Caddens subject to factors such as; landowners wanting to develop their landholdings, availability of services and the commercial viability of development. When all conditions are met, development will proceed.

 

This proposal aims to remove barriers to the commercial viability of development as it understood that the majority of landowners wish to see their landholdings developed and arrangements are being made to ensure services are available in a timely manner.

 

The barriers to commercial viability of development occur mainly in the eastern sub-precinct of Caddens which is characterised by fragmented land ownership patterns. The major works required to service this sub precinct cannot be viably funded through the development of individual small holdings. Rather it relies on development in other areas generating a surplus of contributions to fund these major works before development can occur in an orderly manner. 

 

The most likely development scenario for Caddens will see the development of Landcom’s holdings in the western sub-precinct completed by 2017. Development in the eastern sub-precinct during this period is likely to be ad hoc with few parcels being developed. Only at completion of the western sub-precinct will there be sufficient surplus funds available for development of the major works infrastructure in the eastern sub-precinct.

 

Funding of the works proposed in this application will reduce the commercial barriers to development of the eastern sub-precinct in 2010 bringing forward the commercial viability of developing 870 dwellings by 7 years.

 

Financial Services Manager’s comments

 

The proposed application, if approved would commit Council to the repayment of $4,566,000 over ten years.  It is proposed that the loan repayment schedule submitted with the application would have smaller, nominal repayments in the earlier years. These smaller repayments would be funded through the WELL Precinct Development Contributions Plan and are likely to see the plan go into deficit for the first few years and then return to surplus once the accelerated development commences. A number of larger balloon repayments will be scheduled for the final years of the loan.  The timing of these payments is expected to match the projected development and corresponding section 94 contributions.  The scheduling of these works in advance of section 94 contributions is in keeping with Council’s recent practice and the application would enable these works to be completed without a commitment from Council’s general revenue in the initial years. The primary financial risk associated with this proposal is that the section 94 contributions will not coincide with the final balloon repayments and at that time Council will need to refinance the interest free loan externally or borrow against Council reserves.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Local Infrastructure Fund application for Caddens Release Area infrastructure be received.

2.     Council resolve to seek a loan of $4,566,000 from the State Government through the NSW Local Infrastructure Fund for road upgrades for O’Connell Street (east), O’Connell Lane and Caddens Road (west) as detailed in this Report, to support the development of the Caddens Release Area.

3.     Should the application be successful a further report be provided to Council confirming the loan repayment schedule and discussing any potential financial implications for Council.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  



Committee of the Whole

 

MASTER PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday August 24 2009

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                          1

 

2        Commercial Matter - Leasing of Parts of "Community" Land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens & No 3 Trent Street, South Penrith

 

3        Senior Staff Matter

 

 


Ordinary Meeting

24 August 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 - Leasing of Parts of "Community" Land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens & No 3 Trent Street, South 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        Senior Staff Matter

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

 

 

 


 

 

 

 

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