3 September 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 7 September 2009 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Ross Fowler OAM - 4 September 2009 to 16 September 2009 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 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

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 7 September 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 (meeting to commence at 7:00 pm)

<    Briefing to consider Draft Management Plan for 2009/2010

@  Strategic Program progress reports [only business]

v  Meeting at which the Draft Management Plan is adopted for exhibition

ü  Meeting at which the 2008/2009 Annual Statements are presented

*    Meeting at which the Management Plan for 2009/2010 is adopted.

Y  Management Plan Councillor Briefings/Public Forum (June)

 

 

 

 

-                 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 24 AUGUST 2009 AT 7:35PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Jim Aitken OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Kevin Crameri OAM (arrived 7:37pm), Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, 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

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 3 August 2009

257  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM   that the minutes of the Ordinary Meeting of 3 August 2009 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor, Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 11 - NSW Local Infrastructure Fund application for Caddens Release Area infrastructure, as he owns property in an area that the report deals with. His Worship the Mayor, Councillor Jim Aitken OAM stated that he would leave the meeting and take no part during the debate and discussion on the item.

 

 

 

SUSPENSION OF STANDING ORDERS

258  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow a member of the public to address the meeting, the time being 7:39pm.

 

Mr Richard Smith

 

Mr Smith, a member of the Mulgoa Bicentenary Committee, spoke in opposition of the recommendation and asked that Council provide a grant of $5,000 to assist in putting the event on. Mr Smith spoke about the activities that will be taking place as a part of the celebrations and also requested Council provide funds for an appropriate monument and plaque to be installed in Mulgoa Park to commemorate the occasion.

 

RESUMPTION OF STANDING ORDERS

259  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:47pm.

 

  Mayoral Minutes

 

1        The passing of John Gribble                                                                                              

260  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on The passing of John Gribble be received.

 

Reports of Committees

 

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

261  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 August, 2009 be adopted, with an amendment to General Business item 4 to read Castlereagh Street as opposed to Castlereagh Road.

 

 

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

262  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 5 August, 2009 be adopted.

 

 

 

 

 

 

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

263  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 17 August, 2009 be adopted, with the exception of Item 1.

Councillor Mark Davies requested that Item 1 of the Policy Review Committee Meeting be referred to the Committee of the Whole as he had commercial 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.

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

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

264  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the information contained in the report on 2008-2009 Management Plan ~ June Quarter and Year End Review be received.

 

 

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

265  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

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.

 

Having previously declared a pecuniary interest in Item 11, His Worship the Mayor, Councillor Jim Aitken OAM left the meeting , the time being 8:01pm.

The Deputy Mayor, Councillor Ross Fowler OAM then took the Chair, the time being 8:01pm.

 

 

 

 

11      NSW Local Infrastructure Fund application for Caddens Release Area infrastructure

266  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown

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.

4.     A further Councillor Briefing on the Werrington Education, Living and Learning Precinct be arranged to provide an update for Councillors.

 

His Worship the Mayor, Councillor Jim Aitken OAM returned to the Chair the time being 8:03pm.

 

A City of Opportunities

 

3        NAIDOC Week 2009 Activities                                                                                        

267  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the information contained in the report on NAIDOC Week 2009 Activities be received.

 

A Green City

 

4        Applications for grant funding opportunities                                                                     

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

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.

 

 

 

 

 

 

 

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

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

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”.

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

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

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

270  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

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.

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

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

271  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies

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.

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

A Liveable City

 

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

Councillor Prue Guillaume left the meeting the time being 8:12pm.                                                    

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

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.

4.     A further report be brought to a future Policy Review Committee Meeting about Councillor engagement in the tender process.

5.     Councillors be advised by memorandum of when a tender is being called.

 

 

9        2009 World Masters Games Baseball Competition at Samuel Marsden Reserve        

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

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.

 

 

A Vibrant City

 

10      Mulgoa Bicentenary Celebrations - 7 November, 2009

Councillor Prue Guillaume returned to the meeting, the time being 8:16pm.                                       

274  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies

          That:

1.      The information contained in the report on Mulgoa Bicentenary Celebrations - 7 November, 2009 be received.

2.      An amount of $5,000 be allocated equally from all three Wards’ voted works to the Mulgoa Bicentenary Celebrations, with sponsorship of the event by Penrith City Council being noted on the ‘River Mountains publication’.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Leave of Absence                                                                                                     

Councillor Ross Fowler OAM requested Leave of Absence from 4 September 2009 to 16 September 2009 inclusive.  

 

Councillor Marko Malkoc left the meeting, the time being 8:19 pm.

 

QWN 2      Hire of Stage for Bethany Fun Day                                                                         

Councillor Prue Guillaume requested that an amount of $250 of South Ward voted works be allocated to pay for the hire of the stage at the Bethany Fun Day on 30 October 2009, and that the bond be waived.

275  RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Karen McKeown 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.

 

276  RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Karen McKeown that an amount of $250 from South Ward voted works be allocated to pay for the hire of the stage at the Bethany Fun Day on 30 October 2009, and that the bond be waived.

 

Councillor Greg Davies left the meeting the time being 8:20pm.

 

QWN 3      Traffic Calming Device - Acacia Avenue, Glenmore Park                                     

Councillor Prue Guillaume requested a memo reply concerning the possibility of a traffic calming device being installed on Acacia Avenue, Glenmore Park, north of Azalea Court.

 

QWN 4      Footpath Paving Program                                                                                         

Councillor John Thain requested that the proposed footpath paving on Henry Lawson Avenue, between Dunheved Road and Singleton Avenue be moved as a priority under the footpath paving program and be put as a missing link from Henry Lawson Avenue.

Councillor Thain requested that a further report be brought back to the Council on the above matter.

 

QWN 5      Glenmore Park Junior Rugby League Club - Thank You                                       

Councillor Prue Guillaume passed on to Council the thanks of the Glenmore Park Rugby League Club for Council’s recent sealing of the section between the two amenities blocks on Ched Towns Reserve.

 

QWN 6      Leave of Absence                                                                                                     

Councillor Kevin Crameri OAM requested leave of absence from 11 September to 19 September 2009 inclusive.

 

Councillors Greg Davies and Marko Malkoc returned to the meeting, the time being 8:24pm.

 

 

 

 

 

 

 

 

Committee of the Whole

 

277  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Guillaume that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:24pm.

 

 

1        Presence of the Public

 

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

 

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.

 

4        Commercial Matter – South Penrith Library

 

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

 

The meeting resumed at 8:53pm and the General Manager reported that the Committee of the Whole met at 8:24pm on Monday 24 August 2009, the following being present

 

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

 

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

 

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - 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 Stree t, South Penrith                                                                                       

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

CW2 That:

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

2.     Council grant the leasing of No 26 Trinity Drive, Cambridge Gardens and part of No 3 Trent Street, South Penrith to Girl Guides NSW & ACT in accordance with Section 47A of The Local Government Act 1993.

3.     Council agrees to enter into a Licence Agreement with Girl Guides NSW & ACT for a 5 year period in accordance with the terms and conditions outlined in the report, with the amendment that the Licence Agreement reflect that there will be a licence fee of $1 per annum.

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

5.     A further report be provided to the Council after an audit has been undertaken of the condition of the Halls (including the possibility of fencing around the South Penrith Girl Guides Hall).

 

 

3        Senior Staff Matter                                                                                                            

RECOMMENDED on the MOTION of Councillor Tanya Davies seconded Councillor Kaylene Allison

          CW3  That the information contained in the report on Senior Staff Matter be received.

 

 

4               Commercial Matter – South Penrith Library

 

RECOMMENDED on the MOTION on Councillor Greg Davies seconded Councillor Mark Davies that the Recommendations from Item 1 of the Policy Review Committee Meeting held on 17 August 2009 be adopted, with the addition of the words “under the current offer” at the end of recommendation 2.

 

 

 

 

 

 

 

ADOPTION OF Committee of the Whole

 

278  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:55pm.

 



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                                                       

   


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        Organisation Structure

 

2        Draft 2008-2009 Annual Financial Statements

 

3        Audit Committee

 

4        Model Code of Conduct

 

5        Review of Delegations

 

6        2009-10 Financial Assistance Grant

 

7        Re-exhibition of draft planning controls for Twin Creeks

 

8        Australian Government Stimulus Package - Housing NSW Proposals

 

 

A City of Opportunities

 

9        Penrith Inclusion Plan - People with Disability 2009-2013

 

10      Community and Cultural Development Department - Projects and Key Achievements - 1 January 2009 - 30 June 2009

 

11      The Nepean Regional Taskforce on Homelessness

 

A Green City

 

12      Development Application DA09/0711 Defqon One off music event on 19 September 2009 Lot 21 DP 1092147 Sydney International Regatta Centre (No. 153 - 233) Old Castlereagh Road, Castlereagh. Applicant: Q Dance Australia;  Owner: Department of Planning DA09/0711

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

 

13      Development Application DA09/0114 for the construction of 38 residential apartments and 2 adaptive commercial suites over 5 levels and basement at Lot 1 DP 998451 & Lot 2 DP 1129843 (No. 51 - 53) King Street and (No. 43) Gidley Street, St Marys. Applicant: Schrumpf Developments;  Owner: Schrumpf Developments DA09/0114

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

 

14      Development Application DA09/0178 - Proposed staged development for the construction of two (2) four-storey apartment buildings containing forty-six (46) units with sixty (60) parking spaces in a basement and associated landscaping Lot 88 Sec F DP 1573 and Lot 2 DP 524925 (No. 34 - 38) Albert Street, Werrington. Applicant: EPS Constructions Pty Ltd;  Owner: Semcorp (Aust) Pty Ltd, Elie Kaltoum, Mass Holdings Pty Ltd and Naames Pty Ltd DA09/0178

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

 

15      Development Application DA08/1340 - Erection of Stage 2 of an approved concept masterplan comprising of 78 Independent Living Units, a community facility and studio workshop - Lot 1 DP 1130750, (Nos.50-52) Manning Street, Kingswood . Applicant: Anglican Retirement Village;  Owner: Anglican Retirement Village DA08/1340

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

 

16      Development Application DA07/1281.03 - Section 96 Modification to the approved "Seniors Living" Retirement Village - Lot 1 DP 1130750, (Nos.50-52) Manning Street, Kingswood . Applicant: Anglican Retirement Village;  Owner: Anglican Retirement Village DA07/1281.03

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

 

17      Fire Safety Assessments and the NSW Fire Brigade.

 

18      Fire Safety Assessments of 84-90 Old Bathurst Road, Emu Heights; 8 Robertson Place, Jamisontown; 1-5 Regentville Road, Jamisontown; 6 Bromley Road, Emu Heights and 15-23 Quarry Road, Erskine Park. Owner: SP 81530; Palmic Enterprises P/L; SP 78559; Rennie Holdings P/L; Trust Company of Australia Ltd

 

A Liveable City

 

19      Establishment of a New Cumberland Zone Rural Fire Service Headquarters at Jeanette Street, Regentville

 

20      Penrith CBD - Proposed Temporary City Centre Christmas Shuttle Bus 

 

21      Proposed additional Alcohol Free Zones and Alcohol Free Areas

 

22      Western Sydney Area Assistance Scheme (WSAAS) Grant for the Domestic Violence Resource project

 

23      Various Tenders for the Provision of Materials and Services

 

24      Tender Reference 16-08/09 CBD Cleaning Services

 

25      Naming of a Park in Illawong Avenue, Penrith

 

URGENT

 

26      Tender Reference 01-09.10 Supply & Delivery of One (1) Dual Control Suction Street Sweeper

  

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                       Page

 

1        Organisation Structure

 

2        Draft 2008-2009 Annual Financial Statements

 

3        Audit Committee

 

4        Model Code of Conduct

 

5        Review of Delegations

 

6        2009-10 Financial Assistance Grant

 

7        Re-exhibition of draft planning controls for Twin Creeks

 

8        Australian Government Stimulus Package - Housing NSW Proposals

 

 

 



Ordinary Meeting

7 September 2009

A Leading City

 

 

 

1

Organisation Structure   

 

Compiled by:                Ruth Goldsmith, Group Manager - Leadership

Authorised by:             Alan Stoneham, General Manager   

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

Strategic Direction: We demonstrate our leadership, and encourage innovation

     

 

Executive Summary

Under Section 332 of the Local Government Act (1993) an organisation structure must be redetermined within 12 months of an Ordinary Election of Council.  This report presents the organisation structure that has been determined by the General Manager to best deliver the Council’s newly adopted 4 year Delivery Program, and work towards achieving the strategic directions outlined in Council’s Strategic Plan.

 

The State Government’s draft Integrated Reporting legislation provides a new framework for Council’s Strategic Plan, Delivery Program, Operational Plan, and Annual Report.  In adopting its new plans on 29 June 2009, Council also endorsed a process of review to ensure that Council’s key strategic and operating plans are consistent with the new legislation.  As this review proceeds over the next twelve months, further opportunities to refine Council’s organisational structure may emerge.

 

It is recommended that the organisation structure, and the accountabilities for the Directors and Group Managers, be endorsed.  Further reports will be presented to Council as opportunities to improve our delivery of services through changes to the organisational structure are identified.

Background

In accordance with Section 332 of the Local Government Act (1993) a Council must within the first 12 months of election of the Council determine:

§  an organisation structure

§  those positions within the organisation structure that are senior staff positions

§  the resources to be allocated towards the appointment of staff.

 

Council reviews its structure on a regular basis.  There is a specific focus, every four years, on ensuring that the key priorities in Council’s new Strategic Plan and Delivery Program, together with the services identified in its Operational Plan, can be delivered.

 

The General Manager, following his appointment in June 2008, presented Council with a proposal for a new structure, which was endorsed in August 2008.  The Local Government elections were held the following month, on 13 September 2008.  The organisational structure, presented for redetermination by Council in this report, represents substantially the structure endorsed in August 2008.  The adjustment to this structure, as communicated to all Councillors, is now a senior staff structure (contracted positions) of a General Manager and two Directors.

Determination of the Structure

Council’s responsibilities for leading a Regional City have continued to expand our horizons, particularly in terms of advocacy and partnerships.  To be a connected and active Regional City, there needs to be a greater emphasis placed on our role in the world, our regional / national / international partnerships, and our sense of place, community and identity.  This needs a strong focus from the City’s leaders and, most importantly, Council.  This focus will particularly require the commitment of the Mayor and the Corporate Management Team (CMT) whilst ensuring Council’s effective services and day-to-day operations continue.

 

The structure (see Appendix A) now better reflects these significant strategic directions, and builds on our opportunities to speak out for our region, with the Directors being ‘freed up’ from day-to-day activities and programs.  The table below outlines the General Manager, Directors’ and Group Managers’ key responsibilities.  The CMT now comprises the General Manager, two Directors and eight Group Managers.

 

Position & Role

Key Responsibilities  - to …

General Manager

Inspire
lead
advocate

CITY

Set strategic and policy directions for the City (with others) by –

~    enhancing our place in the world and building partnerships

~    advocating for the City

COUNCIL

Lead an effective and efficient organisation by-

~    guiding strategic directions and policy settings

~    guiding the organisation’s management and performance

~    coordinating key functions, including leadership, strategy, governance, engagement and communication

Directors

Guide
engage
advocate

CITY

Pursue strategic and policy directions for the City (with others) by –

~    enhancing our place in the world and building partnerships

~    advocating for the City

COUNCIL

Lead an effective and efficient organisation by-

~    guiding strategic directions and policy settings

~    guiding the organisation’s management and performance

~    coordinating key functions, including (1) planning, people and places; (2) assets; (3) finance, workforce and governance

Group Managers

Facilitate
engage
coordinate

CITY and COUNCIL

Coordinate the implementation of programs by-

~    developing strategic directions and policy settings for the City and Council, with the Corporate Management Team

~    delivering effective team management and good performance

Deliver
Implement
manage

~    implement Council’s adopted strategies and policies

~    deliver the day to day activities of specific services and programs

~    manage effective and efficient team performance


Resources allocated to the employment of staff

Council, as an organisation, must continue to responsibly manage its resources and capacity to ensure its long term viability.  There is a growing need for the organisation to be resilient and capable of responding to change, in managing both its finances and its workforce into the future.

 

The annual operating budget adopted by Council is around $180 million.  A significant proportion is allocated to the employment of staff.  A broad variety of flexible work arrangements, including full-time, part-time, casual and temporary employment, is needed to respond to the diverse nature of Council’s programs (eg childcare, infrastructure construction and maintenance, libraries).  The staff complement is adjusted as required, within the allocated budgetary parameters, to meet Council’s service delivery requirements.

 

Approach to delivery of Programs and Services

The organisation generally has a flexible and considered approach to ensuring it is structured appropriately to deliver services to the City and its communities.  The new structure is based on working towards the strategic directions in Council’s adopted Strategic Plan, and implementing the 4-year Delivery Program 2009-2013.

 

The structure enables the two Directors to focus on assisting the General Manager, particularly with the City’s regional role in lobbying for significant issues such as better public transport, equity of delivery of other Government services, local investment, and improved employment and training opportunities.  These priorities are identified in the Strategic Plan’s five themes, and accompanying objectives.

 

Theme

Objectives

a leading City

§ We demonstrate leadership, and plan responsibly for now and the future

§ We have a say in our future

§ We demonstrate accountability, transparency and ethical conduct

a City of opportunities

§ We have access to what we need

§ We play an active role in our communities

a green City

§ Our natural habitats are healthy

§ We use our resources wisely, and take responsibility for our levels of consumption

a liveable City

§ Our physical infrastructure is adaptable, and responds to changing needs

§ Our public spaces encourage safe and healthy communities

a vibrant City

§ We build on our strengths

§ We encourage sustainable production and technologies

 

As part of the CMT, the General Manager, two Directors and eight Group Managers are responsible for developing strategic directions and policy settings for the City and Council.  They are also accountable for coordinating teams to implement the 21 programs outlined in the Delivery Program 2009-2013.

 

The Group Managers have overall responsibility for delivering the 21 programs, including identified performance measures and outcomes.  The Managers are responsible for delivering Council’s 51 services.  Where these services align with other like services, they have been grouped to form a program.

 

Over recent years, the organisation has continued to develop a flexible model of Managers and Coordinators reporting to the Director (and now Group Manager) responsible for a particular outcome.  This approach has been very successful in breaking down traditional profession-based ‘silos’ and ensuring that the focus remains on Council’s priority programs.  In essence, the new structure represents a further move towards teams that are grouped and operate across related functions, rather than a structure which is based on the more traditional technical and professional alignments.

 

Formal reporting lines, including performance, have been maintained between Managers and Group Managers, with the Directors and General Manager accountable for Group Managers’ overall (annual) performance reviews.  This continues to reflect a flexible approach, which sees an increasingly important expression of organisational structure outlined through the management accountabilities in Council’s Delivery Program.

 

The attached structure (Appendix A) is presented for Council’s consideration and confirmation (‘re-determination’, as defined by the Local Government Act), particularly in relation to the roles and responsibilities of the General Manager, Directors, Group Managers and Managers.

 

Conclusion

This report is presented as a response to statutory requirements.  This requires Council to determine the organisation structure, senior staff positions and the resources to be allocated for the employment of staff.  The report recommends the adoption of the structure at Appendix A which substantially represents the previous structure endorsed by Council in 2008.

 

The new structure has been achieved through consultation, negotiation and agreement.  The General Manager has also outlined this process to the Joint Consultative Committee.  We have been working towards this next ‘management’ evolution for a number of years, and are keen to pursue the opportunities it will present for staff development over time.  The new Strategic Plan provides many challenges for the organisation and a strong response is needed.  The organisation’s new structure is designed to respond to the current and future needs of our City and its communities, and implement Council’s adopted Delivery Program.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisation Structure be received

2.     Council redetermine the structure outlined in this report

3.     Resources be allocated in accordance with Council’s adopted Delivery Program 2009-2013, and adopted annual Operational Plans

 

 

4.     Council determine the senior staff to be the General Manager and two Directors.

 

ATTACHMENTS/APPENDICES

1. View

Appendix A - Organisational Responsibilities

1 Page

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Appendix A - Organisational Responsibilities

 

 

 

 


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

2

Draft 2008-2009 Annual Financial Statements   

 

Compiled by:                Brett Richardson, Business Analyst

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

The draft 2008-09 Financial Statements have been completed and will be presented at this meeting. The Financial Statements are prepared by Council’s staff, using the accrual method of accounting, and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. Mr Dennis Banicevic, a Director of PricewaterhouseCoopers, will be addressing the meeting as Council’s Auditor.

 

Introduction

This report covers:

 

·    Addressing of the meeting by Council’s auditor,

·    Legislative requirements,

·    Background to Financial Policies,

·    Budget Amounts, and

·    Summary of Financial Results.

 

Addressing of the Meeting by Council’s Auditor

Mr Dennis Banicevic, a Director of PricewaterhouseCoopers will be addressing the meeting. Dennis has over twenty years audit experience in Local Government, has a large number of New South Wales councils as audit clients, and has been responsible for Council’s audit since the merger of Price Waterhouse and Coopers.

 

Legislative Requirements

The Local Government Act requires the following steps:

 

1.   Council staff prepare the statements,

2.   Council issues a statement that the accounts are in order,

3.   Council refers the statements to its auditors for checking,

4.   The auditor returns the statements with an audit opinion attached,

5.   The statements are placed on public display and the community may make submissions, and

6.   The statements are formally presented during a Council meeting.

 

This report recommends completion of 2, 3 and 4 at tonight’s meeting. The auditors have received an advance copy of the statements and have now completed several weeks of their audit program. It is considered appropriate that Council issue the required statement for the 2008-09 accounts.

 

This report also deals with formal requirements to complete the 2008-09 Financial Statements.

 

The Financial Statements are prepared by Council staff, using the accrual method of accounting, and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The statements are required to be audited by an independent auditor, and lodged with the Department of Local Government before 7 November 2009.

 

An unaudited copy of the statements was presented to Council’s Audit Committee meeting on 19 August 2009. At that meeting, the Audit Committee resolved that:

1.   the information contained in the report on 2008-09 Annual Financial Statements be received.

2.   the Audit Committee is satisfied with the answers it has received and is unaware of any reason why the Statements should not be adopted

3.   the Audit Committee refers the statements (after adjustments discussed in the meeting are affected) to Council for signing

4.   the Audit Committee requests commentary be provided to Council as discussed at the meeting to assist Councillors in understanding the statements

5.      the Audit Committee requests the General Manager to write to the Department of Local Government seeking the rationale behind a 1.5 benchmark for the Unrestricted Current Ratio

 

Key factors in the production of this year’s financial statements are discussed below.

 

Summary of Financial Results

An in-depth commentary and analysis of the year’s results will again be included in the final Financial Statements. The figures below are draft and may be subject to audit adjustment. A final copy of the Financial Statements will be provided once they have been adopted by Council.

 

Council’s financial position as at 30 June 2009 continues to be sound. After allowing for $12.1m of capital grants and contributions ($14.4m in 2007-08), Council finished the year with a surplus from ordinary activities of $10.9m ($12.3m in 2007-08).

 

Unrestricted current assets exceed current liabilities by a ratio of 1.17:1. This is marginally below Council’s targeted minimum of 1.25:1 and below the Department of Local Government’s revised minimum benchmark of 1.5:1. However, the unrestricted current ratio has improved slightly compared to the previous year (1.15:1).

 

Working Capital - an internal liquidity measure - is $3.6m (2007-08 - $3.7m), and remains above Council’s adopted target of $2m.

 

The outstanding loan liability increased in line with expectations to $65.0m. The amount of operating revenue committed to servicing this debt increased slightly to 7.45% but is in-line with expectations.

 

The Rates Outstanding Ratio has fallen from 5.04% in 2008 to 4.94% in 2009. The decline in this ratio in 2009 has reversed the recent increases in this ratio, and is now below the industry target of 5%. This can be attributed to Council’s strong debt recovery processes.

 

The following table contains some of the key results:

 

 

Accounting Standards

Financial reporting for Local Government in New South Wales is governed by the Australian Equivalent International Financial Reporting Standards (AIFRS), the Standards issued under these principles, and the Code of Accounting Practice (Code) issued by the New South Wales Department of Local Government.

 

The Accounting Standard that applied specifically to Local Government (AAS27) was superseded on 1 July 2008. This was due to the continued harmonisation of Accounting Standards between for-profit and not-for-profit entities and the move to the Australian Equivalent International Financial Reporting Standards (AIFRS). All key elements of AAS 27 have now been incorporated into other Standards including AASB 101, 1051, 1052, and 1004.

 

Land Under Roads (LUR)

AASB 1051 was issued in December 2007 and deals with Land Under Roads (LUR). LUR is land under roadways and road reserves including land under footpaths, nature strips and median strips. The Standard is applicable to annual reporting periods beginning on or after 1 July 2008. AASB 1051 allows an entity to elect to recognise (or continue to recognise or recognise for the first time, or not to recognise (or continue not to recognise or to derecognise) as an asset, land under roads acquired before the end of the first reporting period ending on or after 31 December 2007.

 

In Circular 09-25 issued by the Division of Local Government (DLG), it was determined that in accordance with AASB 1051 - Land Under Roads, Council may elect to recognise or not to recognise as an asset land under roads acquired before 1 July 2008. However it also determined that land under roads acquired after that date is to be recognised and accounted for under AASB 116. The circular also acknowledges that a method of reliable measurement for fair value of land under roads is yet to be determined on a sector-wide basis and a methodology was not determined in time for the 2008-09 Financial Statements. The DLG is expected to release a valuation methodology for the financial year ended 30 June 2010.

 

The annual Financial Statements proposed for adoption include LUR acquired from 1 July 2008 calculated using a municipal rate for valuation. The total value of LUR recognised for the year ending 30 June 2009 is $1.3m. Council has elected to take up the option of deferring the recognition of land under roads acquired before 1 July 2008 until a valuation methodology is determined by the DLG.

 

Fair Value

All buildings on Council’s balance sheet were transitioned to fair value in 2007-08. Given the time constraints and the high cost of a full valuation, insurance replacement costs were used with the approval of Council’s external auditor and following consultation with the Finance Working Party and Audit Committee to determine the valuation of buildings. These insurance valuations were provided by Scott Fullarton Valuations Pty Ltd and were a desktop update as at 30 June 2008. This approach was taken as Council was due for a physical inspection and valuation for 30 June 2009 and it was agreed that these valuations would be incorporated in the 2008-09 Financial Statements. The attached Financial Statements include the result of these physical inspections and valuations. The net effect of these valuations for Buildings on the balance sheet for 2008-09 is a reduction of $23m, following an increase of $106.6m in 2007-08.

 

The DLG, in circular 09-09, has confirmed that the transition to fair value of Roads, Bridges, Footpaths and Drainage has been deferred until 30 June 2010.

 

Write-Off of Investments

In April 2008, it was reported to Council that as a result of the continued fall out in global financial markets stemming from the global financial crisis, the credit ratings for the two Collateralised Debt Obligations (CDO’s) in Council’s portfolio had been reviewed. In both cases, the Credit Rating was reduced. These two CDO’s were written down from $2m to $418,000 at 30 June 2008.

 

As previously reported to Council, over the past 12 months, these two CDO’s continued to experience declining credit ratings and have now defaulted. For the financial year ending 30 June 2009, the value of these investments have been reduced to nil as shown in Note 6, with the resulting $418,000 loss recognised in the Income Statement.

 

 

 

Condition of Public Works

Special Schedule 7 of the attached Financial Statements details the cost of bringing Council’s Buildings, Roads, and Drainage up to satisfactory standard. The figures used in this Schedule are based on best estimate for buildings, and actual condition-based calculations for roads.

 

For Council’s road network, data received from SMEC for 2008-09 indicates that the pavement condition index (PCI) has improved dramatically. This data, along with a review of what is needed to bring roads to an appropriate satisfactory standard based on each road, has resulted in a decrease in the cost to bring roads to a satisfactory standard from $84.7m in 2007-08 to $44.4m in 2008-09.

 

Reviewing the works required to bring Buildings up to a satisfactory standard for 2008-09 has seen the cost to bring buildings to a satisfactory rating drop from $14.8m in 2007-08 to $8.4m in 2008-09. This has taken into account recent works at Childcare Centres completed under the Regional, Local and Community Infrastructure Program (RLCIP), and a review of works needed to be completed at Council’s Works Depot.

 

Budget Position

The budget position result for 2008-09 of $149,801 deficit is a reflection of the challenges Council faced 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. 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.

 

Legislative Requirements

The Local Government Act classifies various transactions as being write-offs of rates and charges. The reasons for write-offs include properties becoming exempt from rates, pensioner rebates, changes in rating category, rounding down of payments by 4 cents, postponed rates, domestic waste charges reversed because they were levied in error, and rates and charges reversed due to amended valuations.

 

The following tables summarise the rates and sundry debtor’s amounts written off under delegated authority, or pursuant to Council resolutions, and are provided for information:

 

Rates And Charges Written Off

$

General Rates

307,921.45

Extra Charges

9,485.10

Domestic Waste

6,331.23

TOTAL

323,737.78

 

Pensioner Rebate Abandonments

$

General Rates     - Statutory

1,659,265.75

Domestic Waste - Statutory

518,381.13

TOTAL

2,177,646.88

 

 

Sundry Debtor Abandonments

 $

Sundry Debtor

10,586.77

TOTAL

10,586.77

 

Extra charges include interest and legal costs, and are written off due to financial hardship, and where the original rate or domestic waste charge is required to be written off.

 

Sundry Debtors abandonments are the aggregate of a number of small debts that are either unable to be pursued due to their small size or deemed to be uncollectible.

 

During 2008-09, stores and tools to the value of $183,709.11 were written off. The majority of this write-off was the subject of a review and was a result of a complete audit of Council’s stores and tools and was reported to Council as a part of the September review. For the stocktake conducted for the year ended 30 June 2009, an amount of $1,484.00 was written off.

 

Stores & Materials Written Off

$

Stores and Tools

1,484.00

TOTAL

1,484.00

 

Summary

The draft statements are presented for Council to form its opinion. The required opinion is set out in the following recommendation. If resolved, the Statement of Council's Opinion can be signed and handed to the auditors at tonight’s meeting.

 

During the preparation of this year’s Financial Statements, Council ran a photo competition open to all students of the Local Government Area. Many of the photos submitted are included in the Financial Statements and the winning entry by Louise Bartolo of Montgrove College, Orchard Hills appears on the front cover of the document.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft 2008-2009 Annual Financial Statements be received.

2.     Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The financial statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Asset Accounting Manual, and Australian Accounting Standards.  The Code requires a phasing in of the new accounting requirements

b.   The statements comply with Australian Statements of Accounting Concepts

c.   The financial statements present fairly the Council's financial position as at 30 June 2009 and the operating result for the year then ended

d.   The statements are in accord with Council's accounting and other records.

3.     Pursuant to clause 215 of the Local Government (General) Regulation it is the Council's opinion that:

a.   The accompanying Special Purpose Financial report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The financial statements present a modelled scenario for comparative          purposes. They do not report an actual result.

4.     Council confirms its endorsement of the budget in the knowledge that some of its business activities are not making commercial returns.  The existence of notional subsidies represents Council’s commitment to its community service obligations.

5.     The Statements be forwarded to Council's Auditors.

6.     Abandonments for 2009 as detailed be written off.

7.     The balance of stores and materials be adjusted in the stores and materials registers as detailed.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

3

Audit Committee   

 

Compiled by:                Peter Browne, Internal Auditor

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

     

 

Executive Summary

The report covers two matters:

 

1.   Provision of information (in accordance with the Audit Committee Charter to report back after each meeting) on the recent Audit Committee meeting;  and

2.   The report recommends the reappointment for a further two years of the Independent Members of the Audit Committee.

Background

The Audit Committee is comprised of three Councillors, the Mayor and three Independent Members appointed by Council to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  On 25 June 2009, Council appointed the Independent Members to the first audit committee.  Their term expires on 17 September 2009 (two years after the first Audit Committee meeting).

 

The Audit Committee Charter provides that:

 

The Audit Committee shall, after every meeting, forward the minutes of that meeting to the next Ordinary meeting of the Council, including a report explaining any specific recommendations and key outcomes, if appropriate

 

and   

 

Independent members shall be appointed for a period of two years or such other term as the Council may resolve.  Members will be encouraged to serve multiple terms and to plan for an orderly rotation of members so that experienced members will always be serving.  The Audit Committee should make recommendations to Council on membership.

 

The Annual Report of the Audit Committee was presented to Council at its Policy Review Committee Meeting of 15 June 2009.    

 

The Audit Committee Meeting of 19 August 2009 primarily examined Council’s 2008/09 Financial Statements, Council’s Financial Position, and Risk Management Activities.  A separate report to tonight’s meeting deals with the financial statements including their review by the Audit Committee.  The meeting also adopted the draft minutes of the previous Audit Committee meeting (as reported to Council on 20 July 2009) without alteration.

 

The unconfirmed minutes of the Audit Committee meeting of 19 August 2009 are attached to this report.

Independent Members

Councillor members are appointed for the duration of the Council (4 years) and the Mayor is likewise a member for the duration of the Mayoral term.  At the time of establishing the Audit Committee there was discussion on the appropriate term for the Independent Members.  While there was consideration given to a four year term, a desire to avoid a bulk replacement of the independents lead to a two year term being recommended and subsequently adopted by Council.  It was hoped that the shorter term would allow the Audit Committee to arrange its affairs so that not more than one independent member retired at any one time.  The relatively short appointments are intended to encourage regular review not frequent replacement. 

 

The first year of the Audit Committee was substantially concerned with the setup of the Committee, reviewing organisational risk and developing an Audit Program.

 

Attendance at meetings of the current members has been:

Audit Committee member

Years Service

Committee Chair

Meetings attended

Robert Coombes

2

2

8

Frank Gelonesi

2

0

8

Jayant Gulwadi

2

0

7

 

 

 

 

 

 

Council Officers have consulted the existing Independent Members and all have put themselves forward for a further term.  If reappointed for a further two years, the term of the new appointments would be 18 September 2009 to 17 September 2011. 

 

The Charter provides that members should be encouraged to serve multiple terms.  None of the existing members have served multiple terms and hence reappointment of all independent members would best accommodate the objectives previously pronounced.  Council Officers are of the view that the Audit Committee is running well and are unaware of any reason to seek to replace any Independent Members at this time. 

 

The Business Paper for the Audit Committee meeting of 19 August 2009 foreshadowed that Council Officers would, in the absence of any advice from the Committee, be recommending the reappointment of the existing independents.  At that Audit Committee meeting, the independent members offered to leave the room to allow discussion on this matter.  The Councillor members of the Audit Committee advised that they saw no need to discuss the matter as they were happy with the approach being proposed by Council’s Officers. 

 

 

 

RECOMMENDATION

That:

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

 

 

 

2.     Robert Coombes, Frank Gelonesi, and Jayant Gulwadi be appointed to Council’s Audit Committee for a further term of two years.

 

ATTACHMENTS/APPENDICES

1. View

Audit Committee Minutes, 19 August 2009

4 Pages

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Audit Committee Minutes, 19 August 2009

 

 

 

UNCONFIRMED MINUTES

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

ON WEDNESDAY 19 AUGUST 2009 AT 8:15AM

PRESENT

Robert Coombes (Chair), His Worship the Mayor Councillor Jim Aitken OAM, Councillors Ross Fowler OAM and Kath Presdee; Jayant Gulwadi and (from 8:35) Frank Gelonesi

 

 

Craig Butler (Acting General Manager), Peter Browne (Internal Auditor), Barry Husking (Chief Financial Officer), Stephen Britten (Group Manager Legal and Governance), Vicki O’Kelly (Group Manager Finance), Andrew Moore (Financial Services Manager) Brett Richardson (Expenditure Officer) Ken Muir (Risk Management Co-ordinator) and  Dennis Banicevic (External Auditor – PricewaterhouseCoopers)

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Audit Committee Meeting - 3 June 2009

Resolved on the motion of Councillors Ross Fowler OAM seconded His Worship the Mayor Councillor Jim Aitken OAM that the minutes of the Audit Committee Meeting of 3 June 2009 be confirmed.

 

 

DECLARATIONS OF INTEREST

Nil

 

DELIVERY PROGRAM REPORTS

 

The Chair noted that item 5 included advice from Council Officers on the appointment of Independent Members of the Audit Committee.  The Chair offered that he and all other Independent Members leave the room to allow discussion on this matter.  His Worship the Mayor Councillor Jim Aitken OAM conferred with the Councillor members and then advised that they agreed with the approach of Council’s Officers as contained in the report and did not need to discuss the issue.  There was no need for the Independent Members to leave the room.

 

A Leading City

 

1        2008-2009 Financial Statements                                                                                        

Andrew Moore advised the Committee of significant issues in the Financial Statements.  The figures presented to the Committee will require some minor adjustments before completion. Westpool data has not yet been received.

Council’s investments in CDOs were written down in 2007/08 from $2M to $0.418M.  This year the remainder is written off.  Council’s Term Deposits are predominantly with the big 4 banks.  Some are with other organisations that have a Federal Government guarantee at present.  The portfolio is mostly short term.  Dennis Banicevic suggested that Council’s investment policy should include a policy on investing in land.

 

Council is intending to value its Land Under Roads next year.  In the current year some land was dedicated to Council and it has been valued at $1.3M by applying the average municipal value by the area of the land.  Council is following the recommendations of the Department of Local Government and waiting for it to advise its preferred valuation method.  Dennis Banicevic advised that Sydney City Council will be valuing its land under roads at $14Bn and is not waiting for the Department of Local Government to advise a preferred method.  Peter Browne noted that the industry has been trying to agree on a method since 1993.  There was general discussion on the issues related to valuing land under roads.  It was noted that Council is responsible for the land whether it values it in its reports or not.  Council is generally unable to charge rent to the various organisations that use our land for cables and pipes. Victoria has set a methodology for its Councils.  If Penrith was to use the average Municipal Value method our Land Under Roads would be $1.3Bn but much less if the Victorian method was used.

Frank Gelonesi arrived, the time being 8:35.

Revaluation of assets in the prior year lead to an increase of $106M.  This year new valuations based on inspections has lead to some of those valuations being reduced.  The adjustment is made against the asset revaluation reserve.  Nevertheless, depreciation on buildings has increased from $3.4M to around $6M.  It was noted that the operating result before capital grants and contributions would have been positive if this adjustment had not been made.  Dennis Banicevic advised that he believed the depreciation expense overestimates the true impact of assets wearing out.

Councils unrestricted current ratio stands at 1.17.  This figure would be higher if internal loans to s94 plans had not been made.  It is expected that next year the s94 plans will have been remade and borrowing between funds will be occurring.  The ratio will improve significantly because of this.  It was noted that the Department of Local Government is recommending a benchmark of 1.5 as the appropriate minimum.  There was agreement that such a high ratio goes beyond reasonable caution and means an organisation is sacrificing efficiency in order to avoid low level risks.  Council will be making a submission to IPART and it was agreed that the submission should include comment on this benchmark.

Councillor Ross Fowler OAM suggested that a letter should be sent to the Department of Local Government requesting the logic behind a 1.5 benchmark for the unrestricted current ratio because at face at face value it appears to be out of line with the commercial realities.

The Rates Outstanding ratio has improved from 5.04% to 4.96%.  There was discussion on the interest rate applicably to unpaid rates.

Special Schedule 7 on condition of public works and asset maintenance has not been fully completed.  In future years the estimated backlog is expected to reduce as Council reviews its definitions of what constitutes an acceptable standard.  At present all roads having a condition index of 7 or more are considered unsatisfactory.  In reality the required standard to meet community needs varies depending on where the road is and how often it is used.  A CBD road needs to be of high quality while a lower standard may be acceptable for a seldom used rural road.

The Chair asked Dennis Banicevic if he had any concerns or thought there were any other issues that should be discussed.  Dennis advised that everything was good and that Council was in a sound and stable financial position.  A few minor adjustments will be made to complete the statements and implement the matters discussed at the meeting.

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that 

1.   the information contained in the report on 2008-2009 Financial Statements be received.

2.   the Audit Committee is satisfied with the answers it has received and is unaware of any reason why the Statements should not be adopted

3.   the Audit Committee refers the statements (after adjustments discussed in the meeting are affected) to Council for signing

4.   the Audit Committee requests the commentary be provided to Council as discussed at the meeting to assist Councillors in understanding the statements

5.   the Audit Committee requests the General Manager to write to the Department of Local Government seeking the logic behind a 1.5 benchmark for the Unrestricted Current Ratio

 

 

2        FiscalStar analysis on Penrith City Council                                                                      

Andrew Moore advised that FiscalStar rated Penrith just inside the “unsustainable” category.  There was discussion of what this meant and of Special Schedules 7 and 8 in the Financial Statements.  Council is aware that its current revenue stream does not allow it to meaningfully address the infrastructure backlog.  FiscalStar believes this makes us unsustainable.  We do not believe the word “unsustainable” conveys an accurate picture.

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that the information contained in the report on FiscalStar analysis on Penrith City Council be received.

 

His Worship the Mayor Councillor Jim Aitken OAM and Dennis Banicevic left the meeting, the time being 9:35am.  

 

3        Risk Management Activities                                                                                             

Ken Muir advised the meeting of Council’s Risk Management program.  The two most significant areas of concern relate to communication and the general lack of recording when something goes wrong.

The Audit Committee was advised of processes where Departments assess their own risks and then compare the inherent risk to observed outcomes.  Where outcomes are good, officers are asked if this is indicating risks are well managed, or have they just been lucky.  It was noted that the new standard ISO31000 has greater emphasis on risks to strategic objectives compared to the old standard.  It also gives greater emphasis to assigning responsibility for managing risks.

Claims against Penrith City Council were discussed and it is noted that an improving trend is present in most categories.  Grass cutting claims are going against this trend which is being reviewed but it should be noted that the cost impact is minimal in this area.  Compared to other Westpool Councils, Penrith has a very high volume of claims. Despite this, Council’s level of high cost claims is lower than other Councils. This may be the result of Council’s culture of reporting potential claims.

We are investigating self insurance for Workers Compensation and it appears that reasonable savings will result including after allowing for increased administration costs.  4 out of 7 Westpool Councils self insure for Workers Compensation.

Resolved on the motion of Councillor Kath Presdee seconded Councillor Ross Fowler OAM that the information contained in the report on Risk Management Activities be received.

 

 

4        Progress on implementing Audit Recommendations                                                        

The time being 9:50 am, the Chair asked if any matters in items 4 and 5 were urgent.  Peter Browne advised the Committee that all matters could be deferred unless members had any specific concerns.  This report was deferred to the next Audit Committee Meeting.

 

 

5        Audit Committee Standing Items                                                                                       

Councillor Ross Fowler OAM asked a question on how Council encouraged its officers to be more proactive in using available data to manage risks.  Peter Browne and Stephen Britten provided information.  No other questions were raised.  The Chair suggested that a more detailed discussion on the matters in this report be deferred to the next meeting.

 

The next meeting will be held on Wednesday 2 December 2009.

 

 

GENERAL BUSINESS

 

There was no General Business

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:02 am.

 

 

 


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

4

Model Code of Conduct   

 

Compiled by:                Glenn Schuil, Acting Executive Officer

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

     

 

Executive Summary

The Report advises Council of the legislative requirement to review its Code of Conduct within 12 months after each Ordinary Council election. Given that the Council elections were held in September 2008, it is timely for the Council to review its Code of Conduct.

 

The Report recommends that the Council continue to adopt the Department of Local Government’s Model Code of Conduct as the Council’s adopted Code of Conduct with the addition of a paragraph regarding the buying and selling of property within the Council’s local government area.

Background

Under Section 440 (7) of the Local Government Act 1993 “A council must, within 12 months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section”.

 

When the Council last adopted the Model Code of Conduct on 4 August 2008 no decision was made on the composition of the Council’s Conduct Review Committee given the pending Council elections in September 2008. On 23 February 2009 the Council considered a Report titled “Model Code of Conduct – Update on the requirement to appoint a Conduct Review Committee”. At this Meeting the Council resolved “That in the event there is a need to appoint a Sole Reviewer / Conduct Review Committee the General Manager selects the relevant person (s) from the Panel of persons recommended by WSROC”.

 

Current Position

 

Although the Report to the Council on 23 February 2009 touched upon the fact that the Department of Local Government (DLG) had issued a revised Model Code of Conduct for Councils dated June 2008, the Report did not specifically address the legislative requirement for the Council to adopt the Model Code of Conduct within 12 months after each ordinary election.

 

As part of the Councillor Orientation Program conducted after the local government elections in November 2008 all Councillors received a range of training, including training on the Model Code of Conduct. The Model Code of Conduct is the minimum standard that councils have to adopt. However, Councils are able to tailor their own Code of Conduct and place more stringent conditions.

 

In addition to the Orientation training that staff delivered to Councillors, the Department of Local Government also provided a range of Orientation training after the local government elections on a range of matters, including the Department’s Model Code of Conduct, probity issues and general ethical issues. The Department suggested that this training was compulsory training for Councilllors.

 

Council has previously adopted the Department’s Model Code of Conduct with the small exception that the Council has added the additional paragraph “If you buy or sell property in the Penrith local government area, other than your own home, you must notify the General Manager within a reasonable time after the transaction has been completed (settlement)”. It is considered that the additional paragraph should remain within the Council’s adopted Code of Conduct.

 

Conclusion

 

The Department of Local Government first issued the Model Code of Conduct in January 2005 and revised the Code in June 2008. Council has consistently adopted the DLG’s Model Code of Conduct as its own Code of Conduct since the Code was first introduced in 2005, with the added paragraph about buying or selling a property in the Council’s local government area, and it is considered that this should continue.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Model Code of Conduct be received.

2.     The Council adopt the Department of Local Government’s Model Code of Conduct as its Code of Conduct, including the suggested addition to the Code as contained within this Report regarding buying and selling property in the Council’s local government area.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

5

Review of Delegations   

 

Compiled by:                Adam Beggs, Administration Officer - Policy and Council Support

Authorised by:             Glenn Schuil, Acting Executive Officer   

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

     

 

Executive Summary

The report details the background of Delegations and highlights the need to have appropriately constructed Delegations of authority to ensure that Council officers can properly and efficiently discharge their responsibilities under Council’s Operational Plan.

 

All delegated authority must also be exercised within the provisions of:

 

·    The Local Government Act and other relevant legislation;

·    Any relevant Council policies and procedures;

·    Budget limitations;

·    The responsibilities and job description of the delegate’s position.

 

According to the Local Government Act 1993, Council is required to review all its delegations within the first year of its term. Council’s normal practice is to delegate broad authority to the General Manager, who then sub-delegates the necessary authority to Council staff to carry out their duties.

 

Council’s Managers have recently reviewed all delegations for staff positions, and have proposed the delegations they believe are currently required for their staff. There have been a number of changes to delegations, primarily in response to the organisational restructure and also to bring the Delegations in line with any legislative changes. Officers from the Executive Services Department and the Group Manager – Legal & Governance have reviewed the delegations for organisational consistency. Delegations for committees and other bodies have also been reviewed by the responsible officers.

 

The proposed delegations by Council to the General Manager, Committees and other entities are shown in the appendices to this report. The General Manager’s intended delegations to staff will be provided separately to Councillors on CD. The General Manager’s delegations to staff are continually reviewed and refinement and changes are ongoing.

 

A Register of Delegations is maintained by the Executive Services Department and is made available for public inspection if requested.

 

 

 

Background

Delegations of authority are the formal mechanisms by which the Council enables its officers to act on behalf of the Council. They are constructed to maximise the effectiveness and efficiency of Council’s operations, and administrative functions and processes. Staff that are responsible for a particular area of Council’s operation need authority to manage that responsibility. Without delegations of authority, all decisions currently made by Council staff would need to be made by Council itself, which obviously would have a severe impact on Council’s ability to meet its statutory obligations and its objectives under the Operational Plan.

 

The conferring of management and administrative authority to appropriate officers enables them to properly discharge their responsibilities under Council’s Operational Plan, and it allows the formal, public decision-making structures of the Council to focus on other key decisions.

 

The Local Government Act 1993 (s377) empowers Council to delegate its function and authority.

 

A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council…

 

Established practice at Penrith City Council is for the Council to delegate broad authority to the General Manager, and specific management responsibilities to a number of committees and other entities.

 

Department of Local Government Comment in the Better Practice Review

 

During the Promoting Better Practice Review the Department of Local Government made the following comment regarding Council’s delegations. It is considered that our delegations structure and process as a whole has not changed significantly since this time.

 

“The delegation of council’s powers to staff is an important tool that assists council officers to carry out the functions of council in an effective and timely manner. Delegations need to be made in accordance with sections 377-381 of the Local Government Act and regularly reviewed, thereby ensuring that they remain current. We examined a number of the instruments of delegation issued to staff and found that all delegations and sub-delegations are documented through council minutes and council’s policy “decision Making Arrangements during Council Recess’ for delegations during council recess. These appear to be in accordance with the Act. The delegations suggest that the council is adopting good governance principles to the delegation of its functions. The delegations are clearly written and precisely drawn. There is clear delineation of the nature and extent of delegations and, as appropriate, the circumstances when they can be exercised.”

 

Delegations and the Role of the General Manager

The functions of the General Manager are listed in s335 of the Local Government Act, and include responsibility for the efficient and effective operation of the Council’s organisation. The General Manager must manage the day-to-day affairs of the Council organisation, appoint staff in accordance with the organisational structure and resources approved by the Council, and has authority to appoint, direct and dismiss staff.

 

Councils are expressly prevented from delegating authority directly to Council staff by s377 of the Local Government Act, as previously quoted. Instead, councils delegate the functions and authority necessary for the day to day management of the organisation to the General Manager (except for those that are specifically reserved for the Council under the Act). The General Manager, under s378 of the Local Government Act, has authority to “sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).” Under the Act, the General Manager can make adjustments to the delegations and sub-delegations of authority he gives to staff, as circumstances require. Such circumstances could include departmental restructures, the creation of new positions in departments, and changes to the responsibilities attached to a position. The delegations currently proposed by the General Manager to staff are provided separately to Councillors on CD.

 

Proposed delegations of authority by Council to the General Manager are contained in “Schedule 1 – Proposed Delegations of Authority to the General Manager” (Appendix 1) to this report.

 

The Operation of Delegations

Delegations attach to the positions occupied, not to the individual. This allows new staff employed in a position to assume the delegated authority they require to perform their duties, without Council or the General Manager needing to authorise another set of duplicate delegations when staffing changes occur and staff take holidays. Delegations are not transferable to others by an officer. An Acting officer automatically assumes the delegations of that position.

 

Delegations can be general or conditional, must be exercised subject to any limitations imposed by a delegation, and cannot authorise officers to do anything which the Council itself can not do. All delegated authority must also be exercised within the provisions of:

 

·    The Local Government Act and other relevant legislation;

·    Any relevant Council policies and procedures;

·    Budget limitations;

·    The responsibilities and job description of the delegate’s position.

 

Limits to Financial Delegations

Financial delegations are limited to amounts in the Purchasing Authority Schedule (PAS-01). This document sets out the purchasing limits for each position that has financial delegation. These limits apply to purchase orders, credit and purchase cards, and petty cash. The Purchasing Authority Schedule is maintained according to policies within the Financial Services Department. As a result of a recent audit, work is occurring to this document.

 

The Delegations Review Process

A review of current delegations has recently been undertaken by all Managers for all positions within Departments to identify any changes that they believed were required. The general response to the review was that the current delegations are working well. Nevertheless, there were a number of proposed changes to delegations in most Departments and Council as a whole, due to Departmental restructures, new positions, and some alterations to delegations that have been proposed to improve consistency within and across Departments.

 

Delegation to Committees and Other Entities

The Local Government Act s355 allows a Council to set up committees or other bodies to exercise its functions on its behalf. For example, Penrith City Council uses committees to manage community facilities, the Regional Illegal Dumping Squad, and Council’s International Links program. “Schedule 2 – Delegations to Committees”, which is also appended to this report (Appendix 2), lists the proposed delegations to Council’s committees to exercise their functions. The proposed delegations to most committees are general rather than specific, to allow for the fact that each Council facility or function managed by a committee has unique qualities that must be adequately accommodated by that committee in the exercise of its delegation. The intent of a general delegation, referring to the exercise of “care, control and management” over a facility, is quite clear and easy to interpret, but still provides the flexibility needed for management committees to function effectively.

 

As well as using committees, Council also makes use of other bodies to exercise its functions. Such as the Penrith City Children’s Services Co-operative Ltd. “Schedule 3 – Delegations to Other Entities”, which is also appended to this report (Appendix 3), lists the delegations required by these other entities to exercise their functions on behalf of Council. 

 

Identification Required for Council Officers with Power of Entry

As part of their duties under a variety of legislations, some Council officers can be required to enter premises. Such entry requires an authority card for the purposes of clearly identifying the officer concerned and setting out his or her delegated authority. Staff with authority to enter premises under the Swimming Pools Act 1992 also require a separate certificate as outlined in Swimming Pools Regulation 1998. This certificate requires Council’s Seal of Authority.

 

Delegations Register

Council maintains a Register of Delegations that is available for inspection by the public, and which contains position delegations under the Local Government Act and any other Act that Council officers require to perform their duties. The Delegations Register is maintained by the Executive Services Department.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Review of Delegations be received.

2.     Council, in accordance with Section 377 of the Local Government Act 1993, approve the delegation of its functions and responsibilities under the Act and other Acts to the General Manager as listed in “Schedule 1 – Proposed Delegations of Authority to the General Manager” that is appended to this report.

3.     Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to Council’s committees, as shown in “Schedule 2 – Delegations of Authority to Committees” that is appended to this report.

4.     Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to the entities as listed in “Schedule 3 – Delegations of Authority to Other Entities” that is appended to this report.

5.     Council’s Seal of Authority be placed on the Certificate of Identification for officers with delegated authority under the Swimming Pools Act 1992.

 

ATTACHMENTS/APPENDICES

1. View

Proposed Delegations of Authority by Council to the General Manager

1 Page

Appendix

2. View

Proposed Delegations to Committees

2 Pages

Appendix

3. View

Proposed Delegations to External Entities

1 Page

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Proposed Delegations of Authority by Council to the General Manager

 

 

 

2009 Review of Delegated Authority

Schedule 1

Proposed Delegations of Authority to the

General Manager

Local Government Act 1993 - Executive

The powers and authorities used by Council under the Local Government Act 1993, as amended, in accordance with the responsibilities of the General Manager under Section 335, including those specified in the Management Plan or the Council strategic documents generally, but without limiting the above these shall include the following:

Delegation                     Delegation
No.

E 1                    The service, regulatory, ancillary, administrative and enforcement functions of Council under the Local Government Act 1993, including any functions listed under Chapter 4 of the Local Government Act specifically section 22 and 23 but specifically excluding those functions reserved to the Council under section 377 of the Act, without limiting the generality.

E 2                    Any function not elsewhere authorised but included in the Management Plan and adopted budget.

Environmental Planning and Assessment Act 1979

The provisions of the Environmental Planning and Assessment Act, 1979, as amended, generally, but in particular the powers and authorities used by Council under the Environmental Planning and Assessment Act 1979 in accordance with the position description and accountabilities of this position. In particular the following:

Delegation                     Delegation
No.

E10                   All functions of the Council under the Environmental Planning and Assessment Act 1979 and under any Regulation made pursuant to that Act other than any function not permitted to be delegated by section 377 of the Local Government Act 1993.

Food Act 2003

The provisions of the Food Act, 2003, as amended, generally, but in particular the powers and authorities used by Council under the Food Act, 2003, in accordance with the position description and accountabilities of this position. In particular the following:

Delegation                     Delegation
No.

E12                   The authority to exercise and perform each of the powers, authorities, duties and functions conferred on Council (the Enforcement Agency) under the Food Act 2003 and under any Regulation made pursuant to that Act, (other than any function not permitted to be delegated by Section 377 of the Local Government Act 1993), including the authority to:

·       Appoint a person to be an authorised officer under section 114 of the Food Act 2003

·       Issue Prohibition Notices in accordance with the provisions of Part 5 and section 60 of the Food Act 2003.

All Other Acts Conferring Authority on Council

The powers and authorities used by Council under any act and delegated under Section 377 of the Local Government Act 1993, including:

Delegation                     Delegation
No.

E 4                    Any other function conferred or imposed on Council by any other Acts, and under any Regulation made pursuant to those Acts, other than any function not permitted to be delegated by Section 377 of the Local Government Act 1993.


Ordinary Meeting

7 September 2009

Appendix 2 - Proposed Delegations to Committees

 

 

 

2009 Review of Delegated Authority

Schedule 2

Proposed Delegations of Authority to Committees

Committee Name

Responsibility Delegated to Committee

Andromeda Neighbourhood Centre Management Committee

The function of care, control and management of the Andromeda Neighbourhood Management Centre

Arms of Australia Inn Management Committee

The function of care, control and management of the Arms of Australia Inn museum

Access Committee

To identify and advise Council on:

·   The access needs of people with disabilities

·   The implementation of Penrith Council’s Access Policy throughout the Local Government Area

·   Strategies to improve access for people with disabilities

·   The availability of education to the community on issues relating to access.

Emu Plains Tennis Courts Management Committee

The function of care, control and management of the Emu Plains Tennis Courts

George Churchward Soccer Pavilion Management Committee

The function of care, control and management of the George Churchward Soccer Pavilion

Heritage Advisory Committee

To provide advice to Council on heritage matters

Jamison Park Netball Complex Management Committee

The function of care, control and management of the Jamison Park Netball Complex

Kingswood Neighbourhood Centre Management Committee

The function of care, control and management of the Kingswood Neighbourhood Centre

North Penrith Community Centre Management Committee

The function of care, control and management of the North Penrith Community Centre

Lemongrove Gardens Retirement Village Residents Committee

To  raise funds, organise social and other related functions, and provide advice to Council regarding the management of the Lemongrove Gardens Retirement Village

Mt Vernon Tennis Complex Management Committee

The function of care, control and management of the Mt Vernon Tennis Complex

Penrith International Friendship Committee

Authority to:

·   Administer and organise activities relating to council’s sister city roles

·   Communicate of the activities, aims and objectives of the International Friends to the community

·   Raise funds

·   Manage and spend funds voted by Council

·   Establish working groups to undertake specific tasks in relation to the Committee’s Aims and Objectives, as listed in the document entitled “Penrith International Friendship Constitution”

Penrith Schools Boatshed Management Committee

The function of care, control and management of the Penrith Schools Boatshed

Penrith Valley Senior Citizens Centre Management Committee

The function of care, control and management of the Penrith Valley Senior Citizens Centre

Ray Morphett Pavilion Management Committee

The function of care, control and management of the Ray Morphett Pavilion

Regentville Hall Management Committee

The function of care, control and management of the Regentville Hall

St Marys Development Committee

Promotion of the St Marys Spring Festival, and such other projects as Council approves from time to time on the recommendation of the Committee.

Samuel Marsden Road Riding Facility Committee

The function of care, control and management of the property known as Samuel Marsden Road Riding Facility.

Victoria Street Community Cottage Management Committee

The function of care, control and management of the Victoria Street Community Cottage

Western Sydney Regional Committee for Illegal Dumping

The function of control and management of the Western Sydney Regional Illegal Dumping Squad

 

 

 


Ordinary Meeting

7 September 2009

Appendix 3 - Proposed Delegations to External Entities

 

 

 

2009 Review of Delegated Authority

Schedule 3

Proposed Delegations of Authority to Other Entities

 

Name of Entity

Responsibility Delegated to Entity

St Clair Youth and Neighbourhood Team Incorporated

The function of care, control and management of the:

·   Autumnleaf Neighbourhood Centre

·   Cook Parade Neighbourhood Centre

·   Coowarra Cottage

·   St Clair Youth Centre

SPYNS Incorporated

The function of care, control and management of the:

·   South Penrith Neighbourhood Centre

Penrith City Children’s Services Co-operative Ltd.

The functions and responsibilities necessary to do all things that are necessary or advisable to carry out Management Services in an efficient and economic manner and for the good management of Penrith City Children’s Services Co-operative, as detailed in the Management Agreement between Penrith City Council and the Penrith City Children’s Services Co-operative.

North St Marys Neighbourhood Centre Incorporated

The function of care, control and management of the North St Marys Neighbourhood Centre.

St Marys Combined Pensioners & Superannuates Association

The function of care, control and management of the St Mary's Senior Citizens Centre

 

 

 

 


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

6

2009-10 Financial Assistance Grant   

 

Compiled by:                Ben Collins, Management Accountant - Budget

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

This report provides Council with an update regarding the 2009-10 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received.

 

Advice has now been received confirming Council’s 2009-10 Financial Assistance Grant.  The grant to be received in 2009-10 consists of two components, a general component ($9.0m) and a roads component ($1.8m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors.  As it is an allocation of a pool of funds, the impacts of social and economic factors in other areas of the State will have an impact on the amount available for Penrith.

 

This year’s grant is $163,430 below the estimate for the general component, and $14,617 below the estimate for the roads component compared to what was included in the 2009-10 budget. It is recommended that the roads component budget be reduced, as has been council practice, to match the actual FAG roads component received.  During the development of the 2009-10 Operational Plan $165,545 was allocated to the Asset Reserve to safe guard against any variations to the estimates used in developing the budget.  It is proposed that $163,430 be transferred from the Asset Reserve to offset the reduction in the general component of the Financial Assistance Grant on general revenue.

Background

A significant part of Council’s annual revenue ($10.8m in 2009-10) is derived from the Financial Assistance Grant. Local Government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

 

The grant to be received in 2009-10 consists of two components, a general component ($9.0m) and a roads component ($1.8m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors.

 

Council made a number of submissions to the Grants Commissions after they visited Penrith in November 2004, however none of the submissions resulted in a change to the factors used to calculate the grant distribution, as our existing measures were considered adequate.  More recently, the Grants Support Officer has examined the most recent factors and discussed these with the Grants Commission.  There were no areas where it was able to be identified that the disability factors relating to Penrith contained within the formula were not adequate.

Current Situation

The Financial Assistance Grant (FAG) allocated this year is $178,047 less than was estimated during the budget process. At the time of preparing the 2009-2010 original budget, a 3% increase on the 2008-09 actual grant received was factored in. The 2009-10 allocation is a 1.3% increase on the previous year. The roads component of the grant is an additional $39,665, compared to 2008-09 actual, however is $14,617 below budget and it is recommended that the budget is adjusted to reflect this.

 

 

Prior Years Financial Assistance Grants

 

 

 

 

 

Conclusion

Advice has now been received confirming Council’s 2009-10 Financial Assistance Grant.  The grant received is $178,047 below the estimate included in the 2009-10 budget.  However during the development of the 2009-10 Operational Plan $165,545 was allocated to the Asset Reserve to safe guard against any variations to the estimates used in developing the budget.  It is proposed that $163,430 be transferred from the Asset Reserve to offset the reduction in the general component of the Financial Assistance Grant on general revenue, and the roads component budget be reduced, as has been council practice, to match the actual Financial Assistance Grant roads component received.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009-10 Financial Assistance Grant be received.

2.     Council reduce the transfer to the Asset Reserve by $163,430 to fund the shortfall in the general component of the Financial Assistance Grant.

3.     Council reduce the Financial Assistance Grant roads component budget by $14,617 to match the actual Financial Assistance Grant roads component received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

7

Re-exhibition of draft planning controls for Twin Creeks   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Authorised by:             Ruth Goldsmith, Group Manager - Leadership  

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

Strategic Direction: We build our future on the principles of sustainability, and understand and respond to the effects of climate change on our region

     

 

Executive Summary

§  Council recently considered a report and associated Discussion Paper which provided information on the results of the public exhibition of draft Penrith Local Environmental Plan (LEP) 2008.

§  Consideration of draft Penrith LEP 2008 was deferred to allow for further consultation with members of the community who had addressed the meeting, or had wished to do so.  Those meetings and discussions have been held over the past month.

§  Two submissions regarding Twin Creeks were received during the exhibition period, and the developers (Crownland) addressed the Policy Review Committee meeting of 6 July 2009.  The key issue was the need to protect an identified Priority Conservation Area.

§  Consultation between the developer and Council Officers since that meeting has developed a solution to the protection of the vegetation, and also identified the need to re-exhibit the proposed changes to the draft Penrith LEP 2008 maps.

§  It is recommended that changes to the provisions for Twin Creeks under draft Penrith LEP 2008 are immediately re-exhibited, to allow consultation with the community and relevant Government Departments.  The results will be presented to Council at the conclusion of the exhibition period.

Background

On 6 July 2009 Council considered a Policy Review Committee report and associated Discussion Paper which provided information on the results of the public exhibition of draft Penrith Local Environmental Plan 2008.  Responding to the issues raised by those members of the community who addressed the meeting, Council resolved to defer consideration of the draft LEP to allow for further consultation with these people.  Part of this consultation included inviting each person to meet with Council Officers to ensure that their concerns about the plan were fully understood.

 

Andrew Weisner from Crownland Development addressed the Committee Meeting regarding the recommendations for Twin Creeks (submission No. 229).  Accordingly Council officers met with Crownland representatives to discuss the matters they raised with the draft plan and the recommendations in the Discussion Paper.

Issue

Twin Creeks is an integrated golf course and rural residential subdivision in Luddenham with lots sizes currently ranging from 4000sqm to 4ha.  Draft LEP 2008 allowed for 54 lots of 1500sqm in the centre of the estate near the clubhouse and other facilities, but retained the larger lot sizes in the southern part of the estate.

 

Two submissions were received in response to the exhibition, the second of which replaced the first.  This second submission requested that the minimum lot size across the estate be reduced to 4000sqm.  This was not supported in the original Discussion Paper, due to the need to consult with the community, the Department of Primary Industry (in relation to potential extractive industry near the site) and determine the best means to protect an identified Priority Conservation Area in the centre of the site.

 

A meeting was held with the landowner’s representatives on 12 August 2009.  At this meeting solutions to the issues raised in the Discussion Paper were offered by the developer, with a view to re-exhibiting the amendment to the controls for Twin Creeks in a time frame that will allow it to continue as part of Stage 1.

History of larger lot sizes in the southern part of the site

The requirement for larger lot sizes in the southern part of the site was originally imposed at the request of the (then) Department of Mineral Resources.  There are deposits of clay and shale to the south of the site, which the Department wished to preserve for extraction in the medium to long term.  Concern was raised about the potential for land use conflict between a rural residential subdivision and the possible extractive industry, both due to fragmentation of land ownership (making access difficult) and increased impact, due to increased numbers of residents within close proximity to extractive activities.  Accordingly, larger lot sizes were imposed in the southern section of the estate.

 

The submission to draft LEP 2008 indicated that the developer had received advice from the Department of Primary Industry that this buffer was no longer required, and that therefore there was no longer any need for the larger lot sizes.  Council has since sought informal advice from Department of Primary Industry which has confirmed this position, and offered no objection to the reduction in lot size to 4000 sqm across the site.  This informal advice is considered sufficient to allow Council to reconsider its position on lot sizes in the southern portion of the site, as formal feedback can be obtained during the re-exhibition of the amended controls. 

Priority Conservation Area

During 2008 the Department of Environment and Climate Change identified Priority Conservation Areas, using existing vegetation mapping, aerial photography interpretation, threatened species records and some ground truthing.  A Priority Conservation Area has been identified on the Twin Creeks site, the majority of which is proposed to be zoned E2 Environmental Conservation.  Part of this area, however, is within that part of the site where the lot size is proposed to be reduced.  The Discussion Paper presented in July raised concern with this, as smaller lot sizes would place this vegetation under greater threat.

 

The developer is aware of the vegetation in this area and had proposed to impose private covenants on the titles of the lots on which the vegetation was present to ensure its preservation.  This is not an ideal solution, and the developer has now offered to include this land within the management regime for those areas of the site currently proposed to be zoned E2.  The E2 zone would also extend over this vegetation, providing clear, permanent protection.  Council officers have worked with the developer and DECC to develop an appropriate zone boundary which will protect the vegetation, allow for some regeneration and provide an efficient conservation area.

Changes to draft LEP 2008

To implement the proposed solution to the issues raised, changes need to be made to clause 6.15 Twin Creeks and Schedule 1 in the written instrument, and associated changes need to be made to the Land Zoning Map and the Minimum Lot Size Map.  These changes are outlined below:-

 

Clause 6.15 Twin Creeks – this clause currently contains a provision which limits the overall yield of the site to 222 lots.  If lot sizes in the southern portion of the site are reduced, this yield will increase.  It is recommended that this provision be changed to a maximum of 285 lots.  The requirement for lots within Area 4 to be a minimum of 4 ha in area can be deleted, as can the reference to Sydney Regional Environmental Plan No. 9 (Extractive Industry) in the objectives of the clause.  It is also recommended that a provision be inserted which requires that the size and layout of lots which have boundaries with rural properties consider the interface between the rural residential estate and the potential for land use conflict. 

 

Schedule 1 – as well as requesting a change in minimum lot size the submission also requested that a number of uses be listed as permissible on this site in Schedule 1.  This issue was fully covered in the Discussion Paper presented to the 6 July Policy Review Committee meeting.  In accordance with that discussion, it is recommended that the following uses be listed in Schedule 1 for this site:-

Hotel and motel accommodation – this covers the resort, which has been approved but not yet constructed

Neighbourhood shop

Recreation facility (outdoor) – this covers the golf course

 

Land zoning map – it is recommended that the land zoning map be modified to extend the proposed E2 Environmental Conservation zone to cover the Priority Conservation Area identified by DECC located to the south of the exhibited E2 zone.

 

Lot size map – it is recommended that the lot size map be modified to show a minimum lot size of 4000sqm across the entire estate, except for those areas zoned E2.  With no requirement for larger lots in the southern part of the estate, Area 4 is no longer necessary and can be deleted.  The reference to Area 4 in clause 6.15 can also be deleted.  Area 3 will be retained to define the location of the 54 lots of 1500 sqm.

 

A copy of the amended version clause 6.15, the proposed clause for Schedule 1 and the modified Land Zoning and Minimum Lot Size maps are attached to this report.

Deferral and re-exhibition

Where issues have been raised with a draft Local Environmental Plan which either require additional consideration or further consultation, the legislation allows them to be deferred from the draft plan to allow the bulk of the plan to proceed to gazettal.  The Discussion Paper initially recommended that this occur, to enable a solution to be developed to address the issues of concern. 

 

As a result of recent work by the developer and negotiation with Council officers, the necessary investigation has already taken place and a solution has been developed to the issues raised – the Department of Primary Industries has informally advised that the buffer is no longer required, and the Priority Conservation Area is to be protected by an E2 Environmental Conservation zone.  The change in minimum lot size and the consequent increase in the total development potential of the site, however, are significant enough to warrant re-exhibition of the plan, to give the community and the relevant government departments the opportunity to formally consider the change. 

 

Although it would be possible to re-exhibit these provisions as part of draft LEP 2010, given that a solution has been developed and the timeframes for draft LEP 2010 are uncertain, there is nothing to gain by waiting.  The Department of Planning has indicated that it would prefer to see as few areas as possible deferred to draft LEP 2010, and commencing re-exhibition of these provisions now will provide the possibility of re-inserting provisions for Twin Creeks back into draft LEP 2008 prior to its gazettal.  It is thus recommended that the attached changes to clause 6.15 Twin Creeks, Schedule1, and associated changes to the land zoning map and lot size map be re-exhibited.  This will require this area to be deferred, however the intention is to reinsert the provisions for Twin Creeks prior to formally submitting draft LEP 2008 to the Department of Planning for gazettal. 

Conclusion

The issues raised in the Discussion Paper presented to the 6 July 2009 Policy Review Committee Meeting related primarily to the need to protect the identified Priority Conservation Area and the need to re-exhibit the proposed changes to lot size.  Consultation between the developer and Council Officers since that meeting has developed a solution to the protection of the vegetation, and a recognition of the need to re-exhibit the changes.  The re-exhibition process will provide the Department of Primary Industry, the Department of Environment and Climate Change and the community of Twin Creeks with formal opportunity to comment on the proposed changes. 

 

Deferring the proposed changes to the provisions for Twin Creeks to draft LEP 2010 serves no practical purpose.  Deferral allows for further investigation and is appropriate where additional work is required to determine a solution.  In this instance a solution has been proposed which warrants consultation with the community and relevant Government Departments.  The exhibition should run for a period of 28 days and the results will be presented to Council at the conclusion of the exhibition period. 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Re-exhibition of draft planning controls for Twin Creeks be received.

 

 

2.     Pursuant to section 68 of the Environmental Planning and Assessment Act, the southern portion of the Twin Creeks estate, as shown on the attached map, be deferred from draft Penrith Local Environmental Plan 2008 to allow re-exhibition of amended provisions.

3.     Amended provisions for the deferred area, including clause 6.15, the minimum lot size map and land zoning map, be re-exhibited for a period of 28 days.

4.     A further report be presented to Council at the conclusion of the exhibition. 

 

ATTACHMENTS/APPENDICES

1. View

Proposed changes to written instrument - Twin Creeks

2 Pages

Appendix

2. View

Proposed Land Zoning Map - Twin Creeks

1 Page

Appendix

3. View

Proposed Minimum Lot Size Map - Twin Creeks

1 Page

Appendix

4. View

Proposed Environmentally Sensitive Land - Twin Creeks

1 Page

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Proposed changes to written instrument - Twin Creeks

 

 

 

Appendix 1 – Proposed changes to clause 6.15 Twin Creeks and Schedule 1 of draft Penrith Local Environmental Plan 2008

 

6.15 Twin Creeks [local]

 

(1)     The objectives of this clause are as follows:

(a) to allow development that has a maximum of 285 rural or residential lots on the land to which this clause applies,

(b) to protect localities of Aboriginal archaeological significance,

(c) to protect land downstream from the development from further flooding as a result of additional stormwater run off from the development,

(d) to ensure that development of the land is consistent with the aims and objectives of Sydney Regional Environmental Plan No 9— Extractive Industry (No 2–1995) in relation to potential extractive industry in adjoining areas.

(2)     This clause applies to land shown as “Clause 6.15 land” on the Clause Application Map.

(3)     Despite any other provision of this Plan, the consent authority must not consent to the subdivision of land to which this clause applies unless:

(a)  within Area 3 shown on the Lot Size Map:

(i) a maximum of 54 lots, each with a site area of not less than 1500 square metres, will be created and clustered close to the proposed community facilities and not adjoining large agricultural holdings, and

(ii) a maximum of 123 lots, each with a total site area of at least 4000 square metres, will be created, and

(b) within Area 4 shown on the Lot Size Map—every lot created will have an area of at least 4 hectares.

(4)     Before granting development consent for development on land to which this clause applies, the consent authority must be satisfied that:

(a) the development will be compatible with the environmental capabilities of the land, and

(b)  all lots created by the development will be compatible in size and shape with the physical nature of the land, adjoining land uses and the likely use of the land in the future, and

(c)  the size and layout of lots which have boundaries with rural properties consider the interface between the rural residential estate and the potential for land use conflict.

(d) the scientific, cultural or aesthetic significance of any Aboriginal archaeological site will not be detrimentally affected by the development, and

(e) dwellings located on land to which this clause applies will be sited to minimise any adverse impact that might arise from potential extractive industry situated to the south and west of the land, and

(f) the last 45 lots, mentioned in subclause (3) (a) (i), will not be developed unless the community facilities are in place.

(5)     The development standards specified in this clause are excluded from the operation of clause 4.6.


 

 

 

 

Schedule 1 Additional permitted uses

(Clause 2.5)

 

10 Use of certain land at Luddenham

(1)     This clause applies to land known as Twin Creeks at Luddenham.

(2)     Development for the purpose of hotel and motel accommodation, neighbourhood shops and recreation facilities (outdoor) is permitted with consent.

 


Ordinary Meeting

7 September 2009

Appendix 2 - Proposed Land Zoning Map - Twin Creeks

 

 

 

 


Ordinary Meeting

7 September 2009

Appendix 3 - Proposed Minimum Lot Size Map - Twin Creeks

 

 

 

 


Ordinary Meeting

7 September 2009

Appendix 4 - Proposed Environmentally Sensitive Land - Twin Creeks

 

 

 

 


Ordinary Meeting

7 September 2009

A Leading City

 

 

 

8

Australian Government Stimulus Package - Housing NSW Proposals   

 

Compiled by:                Paul Lemm, Development Services Manager

Authorised by:             Paul Lemm, Development Services Manager   

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

At its Ordinary Meeting on 6 April 2009, Council resolved to submit a tender to Housing NSW for the sale of a parcel of land in Kingswood as part of the Australian Governments’ Nation Building and Jobs Plan (NBJP). A report elsewhere in tonight’s Business Paper outlines the response to that process.

 

A key element of the NBJP is $6 billion from the Australian Government to construct 20,000 new social housing dwellings, including for seniors living nationally. Housing NSW received approximately $1.95 billion to construct approximately 6,000 dwellings.

 

Housing NSW is pursuing a number of strategies and initiatives to deliver the 6,000 dwellings under the NBJP as well as its other asset programs. This includes redevelopment of its own sites, construction on government and privately owned land, and acquisition of completed properties. A number of sites in western Sydney, including Penrith, have been identified.

 

Housing NSW has indicated its obligation is to complete 75% of all new dwellings funded under the Australian Government’s program by end December 2010 and the remaining 25% by end March 2011. Given the very tight timeframes for delivery of these housing projects to meet the Australian Government’s funding requirements, a streamlined process for project conception, assessment and approval has been adopted by the State Government. That has seen the establishment of a new NSW Infrastructure Co-ordinator General (ICG) supported by an advisory Taskforce to oversee the delivery of NSW based projects funded under the stimulus package.

 

This report outlines the process adopted by the NSW Government and identifies the various points in which Council and the community have input into the approvals process. The report recommends that the information be received.

 

New Legislation

 

The NSW Government recently introduced the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 (NBJP Act). The primary objective of this Legislation is to co-ordinate and monitor the delivery of NSW infrastructure projects funded by the Australian Government under the Stimulus Package. It provides powers to ensure the infrastructure projects are delivered in a timely manner and meet the tight delivery deadlines associated with the Australian Government funding requirements.

 

The NBJP Act:

 

a)   Establishes a NSW Infrastructure Co-ordinator General (ICG) who will be responsible for planning and implementing the timely delivery of the infrastructure projects.

b)   Establishes an advisory Taskforce consisting of government and private sector representatives, to ensure the rapid delivery of the Stimulus measures, particularly in the social housing sector.

c)   Requires State government agencies to co-operate with ICG in relation to infrastructure projects.

d)   Provides for the ICG to take over the delivery of infrastructure projects on behalf of State government agencies.

e)   Enables the ICG to streamline the planning and other approval processes for infrastructure projects.

 

The Approvals Process

 

The NBJP Act establishes a streamlined development approvals process for projects to move forward under the Stimulus package funding arrangements in a timely manner. This process enables the ICG to exercise powers to exempt infrastructure projects from existing development control legislation under the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act).

 

Housing NSW, in conjunction with the ICG, has adopted a policy position that all major housing projects containing more than 20 dwellings funded under the Stimulus package would be dealt with under the new NBJP legislation. That would see the consent authority role transferred from Council to the ICG for any Australian Government funding housing project in Penrith.

 

In order to meet the new requirements, projects need to be designed as far as possible to meet the relevant planning and design criteria of the applicable environmental planning instruments and related development control plan requirements. This in essence mirrors the process which would be required for existing applications where Council is the consent authority.

 

A number of assessment principles required under the NBJP Act are relevant to ensure that there is consideration given to the environmental implications to projects and that the outcome provides for a quality design approach. These include:

 

·    Early consultation (pre-lodgement of application) with local Councils to assist in identifying any environmental constraints, statutory requirements, development controls, infrastructure requirements, confirmation of developer levies and design approach. In addition, Housing NSW has offered for one of Council’s Planners to be involved in early dialogue with the appointed architects as the concept plan is emerging.

·    Further consultation with Council will occur post application lodgement as the project design is completed. Input would also be sought from other agencies including RTA, DECC and other relevant contributors.

·    Referral of the proposal to an independent design advisory panel for specialised advice. This panel is headed up by ex-Government Architect, Chris Johnson and includes other architects and urban design experts.

·    Notification of the proposal to adjoining landowners for 21 days, after which a review process is undertaken before final approval is sought.

·    Councils are notified in writing of any approval under the NBJP Act.

·    Proponents are required to notify Council and adjoining property owners prior to construction and manage public enquiries during the construction phase. Copies of certification and works as executed drawings will be forwarded for Council information at completion.

 

Housing NSW obligations

 

Housing NSW has indicated its obligation is to complete 75% of all new dwellings funded under the Australian Government’s program by end December 2010 and the remaining 25% by end March 2011. These extremely tight timeframes have resulted in the need to pursue a streamlined process for project inception through to approval and implementation.

 

Housing NSW has also advised that the first trench of housing projects are required to have construction commence in December 2009 at the latest in order to meet the above obligations and to secure the Australian Government funding through the Stimulus package.

 

Housing NSW has numerous projects and sites to investigate across the State. Project managing the delivery of these projects is complex. Securing ongoing funding is dependent on close adherence to set timeframes. This is underpinned by working collaboratively with local Councils and ensuring that Councils ultimately support the delivery of the housing schemes being advanced.

 

Despite the policy position adopted by the State Government that major social housing projects, including seniors living developments, will be approved by the ICG, there are a range of checks and balances which have been introduced into the process to ensure that both local Councils and the community surrounding project sites are given the opportunity to input into the design process before projects are approved to move to the construction stage.

 

Conclusion

 

Under the Australian Government’s Nation Building and Jobs Plan, Housing NSW is pursuing an important opportunity with the building and construction industry to increase the supply of affordable and long-term accommodation for people in need, including those experiencing significant housing stress.  A further critical element of the Stimulus package is to create and secure jobs as quickly as possible. The sense of urgency to pursue these opportunities is recognised.

 

As outlined in the report, the NBJP Act seeks to streamline the development approval process in NSW in order to deliver the Stimulus package. The EP&A Act approvals processes, including the latest reforms which introduced Joint Regional Planning Panels, could pose impediments to Housing NSW meeting its obligations under the timeframes needed to deliver identified projects with funding under the Stimulus package. Should that occur, it is understood that the Australian Government funding for individual projects could be placed in jeopardy.

 

The new statutory process which will be pursued by Housing NSW to advance its projects has, in our view, adequate measures built in to provide Council and the community opportunity for input at key points in the delivery process to bring about quality development outcomes that are conducive to their local settings.

 

Council has the opportunity to support the use of the Stimulus package in Penrith to deliver much needed social housing and jobs for the City.

 

 

RECOMMENDATION

That the information contained in the report on Australian Government Stimulus Package - Housing NSW Proposals be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                       Page

 

9        Penrith Inclusion Plan - People with Disability 2009-2013

 

10      Community and Cultural Development Department - Projects and Key Achievements - 1 January 2009 - 30 June 2009

 

11      The Nepean Regional Taskforce on Homelessness

 

 



Ordinary Meeting

7 September 2009

A City of Opportunities

 

 

 

9

Penrith Inclusion Plan - People with Disability 2009-2013   

 

Compiled by:                Joe Ibbitson, Community Programs Co-ordinator

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

Strategic Objective: We have access to what we need

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

     

 

Executive Summary

At the Policy Review Committee meeting on the 15 June 2009, Council resolved to adopt the draft Penrith Inclusion Plan – People with Disability 2009-2013 for placement on public exhibition for a period of 28 days. A presentation on the draft Inclusion Plan was made at the meeting and a copy of draft documentation including the detailed strategies and actions was made available to Councillors.

 

The draft Penrith Inclusion Plan builds on the success of Council’s first Disability Action Plan 2003-06.

 

Six written submissions have been received in response to the public exhibition process which was held between Monday 13 July and Friday 7 August 2009. The respondents included both individual local residents (2) and representatives of disability organisations (4). The responses were supportive of the draft plan and made a number of requests for additional local facilities and services. These requests will be reviewed and considered by appropriate Council officers and a detailed response will be forwarded in response to each of the submissions. 

 

Some broader issues of concern around transport, housing and recreation were raised in the submissions. These issues have previously been identified in the community consultation process as part of the development of the Inclusion Plan and are incorporated in the draft documentation.

 

It is not proposed to make any changes in response to the public submissions on the draft Inclusion Plan. Following discussion at the Policy Review Committee meeting on 15 June it is proposed to include an additional action around Council’s continuing program of access improvements to neighbourhood and community facilities.

 

The report recommends that Council note the information about the public exhibition process and forward a letter of thanks to all those individuals and disability organisations that made a submission to the public exhibition. The report further recommends that an additional action ‘improve access to Council’s existing neighbourhood and community facilities’ be included in the draft documentation. Finally, it is recommended that the draft documentation Penrith Inclusion Plan – People with Disability 2009-2013 be formally adopted as amended with the proposed additional action identified in this report

 

Background

The draft ‘Penrith Inclusion Plan – People with Disability 2009-2013’ is the culmination of an extensive research, investigation and consultation process and the next stage in the development of Council’s leadership response to supporting an inclusive community. This new plan is aligned with Council’s adopted ‘Penrith Principles for a Sustainable City’ and guided by the NSW Anti-Discrimination Act (1977) and the Commonwealth Disability Discrimination Act 1992.

 

Council’s Access Committee has provided overall reference and support for the development of the draft plan and received regular reports on progress. The Access Committee identified the broad ‘inclusion’ theme and highlighted the important role of Council as City leader for the new plan.

 

The development of the new plan has been undertaken following a comprehensive consultation process with Council’s community and government stakeholders. Consultations have been held in relation to both reviewing the achievements of Council’s first Disability Action Plan and identifying the directions and priorities for the new plan.

 

The draft Penrith Inclusion Plan documentation includes sections on the purpose, background and context for the development of the plan as well as the Action Plan schedule comprising the actions and strategies to be implemented over the next four year Delivery Program (2009-2013) and Operational Plan period.

Public Exhibition

The draft Penrith Inclusion Plan – People with Disability 2009-2013 was placed on public exhibition between Monday 13 July and Friday 7 August 2009. In addition to public displays at the Penrith Civic Centre and the St Marys Business Centre, the public exhibition process was advertised in the local press and promoted in the Mayoral column. The exhibition material was also placed on Council’s website. Information leaflets were sent out to all local disability organisations and individuals who participated in the community consultation processes and to an extensive mailing list including the members of the Nepean Area Disability Forum and the Penrith Community Care Forum.

 

In response to the public exhibition process and follow-up with key contacts in the local disability sector, six written submissions were received from two individual residents and four disability organisations (Nepean Disability Social Group, the Nepean Area Disability Organisation, Sunnyfield Independence and the Penrith Disabilities Resource Centre).

Assessment of Submissions

Overall, the responses to the public exhibition were very positive and supportive of the draft plan. Respondents appreciated the opportunity to comment on the plan and congratulated Council on the acknowledgement of the needs of people with disability and the development of the plan. A letter of thanks will be forwarded to all those residents and disability organisations that made a submission to the public exhibition process.

 

The table (Table 1) below identifies individual submissions and presents a summary of the issues raised with Council officer comments and responses. Attachment 1 to this report presents the detailed submission from the Nepean Disability Social Group.

 

The primary concerns identified in the submissions relate to requests for improved local facilities and services including footpaths, bus shelters, cycleways, parks and an off-leash dog area. Additional matters raised in the submissions were; adequate and accessible transport, the housing needs of people with disability and recreation activities and programs. These broader issues of concern were all identified during the community consultations undertaken in the process of developing the plan and specific actions and strategies to address these matters were included in the draft documentation for public exhibition.

 

Table 1:     Draft Penrith Inclusion Plan – 2009-2013

Summary of Public Exhibition Submissions

 

No

Name/Organisation

 

Issues Summary

Comment

1

Nepean Disability Social Group

§ Request for more transport options, recreation activities, footpaths and cycleways, seating in parks

§ Housing needs of people with disability

§ Information in alternate formats,

§ Enhanced disability awareness

Detailed submission is provided at Attachment 1 to this report

2

Sunnyfield Independence, St Marys

§ Need for more footpaths – specifically from St Marys station to Sunnyfield

 

§ Bus shelter – Kurrajong Ave

 

 

§ Traffic light - request to extend crossing time Glossop Street

Included in plan - Roads, Footpath and Drainage Construction

 

Included in plan – Traffic and Parking Management

 

RTA responsibility – Council to request RTA  review and consideration

3

Nepean Disability Organisation (NADO)

§ Positive response to plan.

§ NADO is keen to assist Council in implementation of the plan

 

4

Penrith Disabilities Resource Centre

§ Request for dog ‘off leash’ area close to public transport

 

§ Question why the plan is for four years?

Council to review request

 

 

Plan aligns with Council’s four year Delivery Program 2009-2013


 

No

Name/Organisation

 

Issues Summary

Comment

5

Resident, Emu Plains

§ Request for a park to incorporate play equipment for children with disabilities, a sensory garden with raised beds, and fenced area for an ‘off leash’ area for dogs - close to public transport and with security cameras

 

Council to review request

6

Resident, Cambridge Park

§ Request for Council to introduce the companion card scheme.

 

 

§ Also to encourage local business and organisations to participate in the program

Some Council entities and services have already introduced the Companion Card scheme.

 

Consideration is being given for all appropriate Council services to participate in the scheme

 

The information in the table and the accompanying attachment (Attachment 1) identifies that individual requests for particular facilities and services are the subject of further investigation and consideration by appropriate Council officers. A detailed response to each submission on these matters will be prepared following the adoption of the final plan at tonight’s meeting and the outcomes of these investigations.

 

It is recommended that no changes be made to the documentation as a result of the analysis and assessment of the public submissions received on the draft Penrith Inclusion Plan – People with Disability 2009-2013.  

Policy Review Committee Meeting 15 June 2009 - Amendment to the Draft Plan

At the Policy Review Committee meeting on 15 June 2009, a number of matters were discussed in relation to the draft plan. The two key concerns from the meeting relate to access barriers to business premises and to continuing access improvements to Council’s community facilities. The following resolution about access to business premises was adopted at the Policy Review Committee meeting:

 

“The Access Committee consider encouragement initiatives to facilitate existing businesses to improve access to their premises” 

 

This issue has previously been discussed at Access Committee meetings following representations by one of the community representatives on the committee. This was reported to the Access Committee meeting in April 2009. Council has since supported a submission from the Access Committee representative to the inquiry into the Draft Disability (Access to Premises - Buildings) Standards being conducted by the Commonwealth Government’s House of Representatives Standing Committee on Legal and Constitutional Affairs. The issue will now be brought to the attention of the committee at its October meeting for further review and discussion about any additional recommended Council action on the matter.

 

In relation to access to Council facilities, an annual program of access improvements is implemented across Council’s existing neighbourhood and community facilities. This program is supported by an annual budget allocation of $25,000 to the Disability Access Improvement Program (DAIP). This allocation is used to leverage additional funds and undertake physical access improvements including ramps, sliding doors, accessible toilets, grab rails and similar projects within Council facilities.

 

It is recommended that an additional action/strategy is incorporated in the draft documentation about the on-going annual program of access improvements to Council’s existing neighbourhood and community facilities. The following action has been discussed with Council’s City Works Manager for inclusion in the plan:

 

Strategies/Actions

Responsibility

Timing

Performance Indicator

Improve access to Council’s existing neighbourhood and community facilities

City Works Manager

2009-13

Access is enhanced to Council facilities

 

Conclusion

 

The feedback response to the public exhibition of Council’s draft Penrith Inclusion Plan – People with Disability 2009-2013 was overall very positive. The submissions were largely concerned with requests for additional local services and facilities and these will be further investigated by Council and a detailed response forwarded to the each respondent. Some broader issues around transport, housing and recreation which are already included in the plan were also raised in the submissions. It is not proposed to make any changes as a result of the responses to public exhibition.

 

A letter of thanks will be forwarded to all those residents and disability organisations that made a submission to the public exhibition process.

 

Following discussion at the policy Review Committee meeting on 15th June it is recommended that an additional action around access improvements to Council facilities be included in the plan.

 

It is recommended that the draft document Penrith Inclusion Plan – People with Disability 2009-2013 be adopted by Council with the proposed addition of the action identified in this report.

 

 

RECOMMENDATION

That:

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

2.     A letter of thanks be forwarded to all those residents and disability organisations that made a submission to the public exhibition process.  

 

3.     An additional action ‘improve access to Council’s existing neighbourhood and community facilities’ be included in the draft documentation.

4.     The draft documentation Penrith Inclusion Plan – People with Disability 2009-2013 be formally adopted as amended with the proposed additional action identified in this report.

 

ATTACHMENTS/APPENDICES

1. View

Penrith Inclusion Plan Report - NDSG Comments

3 Pages

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Penrith Inclusion Plan Report - NDSG Comments

 

 

 

 

Comments on Penrith Inclusion Plan 2009-2013

 

From Nepean Disability Social Group

 

 

 

Issue/Concern

 

Comments and Response

8.1 

Who are the partners with Penrith City Council for the purpose of this plan?

Partners include both local disability/community organisations and government agencies.

8.2 

Penrith City Council web page should have Penrith Disability Resource Centre Inc link on main page for the community to access other services available that are in the local LGA

Link to Penrith Disabilities Resources Centre is available from Council’s City Access webpages

8.3 

There needs to more awareness of disability issues and the Access Committee in Penrith City Council’s newsletter and all local newspapers, to keep the community up to date.

Included in plan in marketing activities and Councils newsletter under City Partnerships in 8.1 City Leadership, Promotion and Strategic partnerships.

8.4 

Will a notice of the report be published in the local papers and available HERCO’s website and Penrith City Councils Website?

The final report will be available on Council’s website and lodged with the Human Rights and Equal Opportunity Commission

8.5 

Not a enough recreational for all the community in the CBD.

Included in plan under Recreation Programs in 8.1 City Leadership, Promotion and Strategic partnerships. Council is also currently working with NSW Sport and Recreation on the project ‘Disability Sport and Physical Activity Forum’

8.6 

Recreation Programs will not work if there is no adequate accessible transport to all events.

Several transport actions under Transport Planning and Advocacy in 8.2 Environmental, Local and Transport Planning

8.7 

Transport all aspects of accessible transport needs to be improved especially after hours and weekends

Actions included - as above

8.8 

Penrith Urban Study and Strategy: Considering the housing needs of people with a disability.

Action included in Planning Places, 8.2 Environmental, Local and Transport Planning

8.9 

Are other people with disabilities to be consulted other then the access committee? Because we all have different housing needs.

Community consultations undertaken in the development of the plan.

8.10

More accessible play group equipment for children with a disability and children under five.

Council to investigate issues

8.11

Any new areas that have been planed for housing included footpaths and cycle ways that are connected are done to the standards.

Included in Release Area Planning 8.2 Environmental, Local and Transport Planning

8.12

People with disabilities should be included in any transport planning. The lack of accessible Taxis and Buss services after hours and on weekend’s non existent.

Included in Transport Planning and Advocacy 8.2 Environmental, Local and Transport Planning

8.13

As it is an area that has a high proportion of people who have a Disability, it is time for Council to look beyond the standards for accessible parking and approve more spaces.

Included in Transport Planning and Advocacy 8.2 Environmental, Local and transport Planning

8.14

More accessible footpaths and cycle ways needed.

Included in Roads, Footpaths and Drainage Construction 8.3 Development, Design and the Built Environment

8.15

All council buildings should be audited for access for all people with all types of disabilities yearly.

Annual program of access improvements to Council facilities undertaken

8.16

No seating in Jamison Park for people with disabilities there are a number of other parks in the Penrith area that don’t have seating

Included in City Parks 8.3 Development, Design and the Built Environment

8.17

Out side staff lack training on disability awareness.

Included in Workforce Development 8.4 Human Resources, EEO and Training

8.18

For a person with a vision disability this draft of the inclusion Plan has been very difficult to read even by the computer, a person who is blind would have even more difficulty. Also a person with an Intellectual Disability would have a problem reading this draft.

Council to investigate options for an easy English version of the final documentation.

8.19

Information should be accessible on the Penrith City Council website in large text and plain language.

 

Included in Information Technology 8.5 Access to Information

8.20

Printed material be in plain language and in alternate formats.

 

8.21

Audio Description could be used in some situations.

Council to investigate options

8.22

Awareness of Disability access issues needed for local businesses.

Included in Marketing 8.1 City Leadership, Promotion and Strategic Partnerships

8.23

To have accessible voting venues federal, state, and local government elections.

Council has made representations to NSW Electoral Commission on this matter

 

 


Ordinary Meeting

7 September 2009

A City of Opportunities

 

 

 

10

Community and Cultural Development Department - Projects and Key Achievements - 1 January 2009 - 30 June 2009   

 

Compiled by:                Joe Ibbitson, Community Programs Co-ordinator

Karen Harris, Senior Cultural Development Officer

Tracy Leahy, Community Programs Co-ordinator

Teresa Luk-Leung, Senior Social Planner

Jeni Pollard, Acting Community & Cultural Development Manager

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

Strategic Objective: We have access to what we need

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

     

 

Executive Summary

 

This report is one of a regular series that provides an overview of the diverse range of tasks and activities that the Community and Cultural Development Department undertakes. All professional staff in the Department have contributed to the report. The period covered by this report is 1 January 2009 to 30 June 2009.

 

The report covers a range the range major projects undertaken by the department such as the development of the Glenmore Park Child and Family Precinct as well as the streams of activity including:

 

Neighbourhood Renewal – The report provides an overview of the activities and events that have been undertaken in both Oxley Park and Londonderry to engage the community in developing a Neighbourhood Action Plan for each of these locations. The Story Exchange project was one of the key activities undertaken by the Neighbourhood Renewal Team during this period.

 

This section also highlights the projects delivered through the Magnetic Places program during this period. The Magnetic Places Community Cultural Grants Program has delivered 7 innovative and exciting local projects, each with a high level of community engagement and activation.

 

Cultural Development - The report provides information the Activate 2750 project. Activate 2750 was a significant and exciting partnership project between the Museum of Contemporary Art, the Penrith Regional Gallery, SITA – Environmental Solutions and Council. The installation was developed by Melbourne artist, Ash Keating and was placed in the prominent space between the Joan Sutherland Performing Arts Centre and the Civic Centre.

 

This section gives an overview of the redevelopment of the Penrith Valley Cultural Precinct and the first meeting of a Precinct Reference Group held in May. The role of the Precinct Reference group is to support the vision of the Precinct as a welcoming place where communities come together to celebrate and share diversity and creativity.

 

This section also highlights the Artist and Community Toolkit Workshop Series that has been delivering high quality, professional development for community workers, cultural workers, interested residents and artists. The workshops held during this period include Inspiring Creative Community Renewal and a ‘Current Practice’ update.

 

Social Planning – The report provides an overview of the work undertaken by Social Planning staff. Much of this work is ongoing and linked to the new release area delivery program. The Social Planning team continue to provide advice to Council and Council staff on community trends and changing social needs.

 

Key activities in social planning covered by the report include demographic profiling and monitoring, the development of the City-wide Strategy for Children, as well as continuing work to support affordable housing options across the City.

 

Community Development – The report includes an overview of the extensive range of activities, events and support for local service networks undertaken by the department. This section includes an overview of the work undertaken in a range of portfolio areas including Seniors Week, development of an Advocacy Strategy for the Women’s Services Sector, the Volunteers in Action Project, the Youth Speak Out event and Schools Youth Leadership Summit, support for Refugee initiatives and the Northern Rural Areas Community Development Project

 

The Department has been active over this period on a range projects to support local communities and service sectors. In many cases project work will carry over into the 2009-10 year. The report recommends the information be received.

Background

The Community and Cultural Development Department is responsible for a range of term achievements and strategic tasks as well as service objectives as outlined in Council’s Operational Plan.  The Department reports to the Group Manager, People and Place.

 

Key responsibility areas of the Department’s community development, social planning and neighbourhood renewal work are included in ‘A City of Opportunity’. The cultural development work of the Department is largely included in ‘A Vibrant City’.  In some cases, the Department’s work is reported to Council through the reports of other Managers.  An example of this is where social planning advice to the new release area program is through reports developed by the Environmental Planning Department. 

 

This report is one of a series of regular reports on the Department’s projects and activities that are generally not reported separately to Council.  All professional staff in the Department have contributed to the report.  The purpose of these regular reports is to provide Council with additional detail on many of the activities of the Department that are only briefly reported on through the Performance Planning system.  These reports are provided to Council approximately every six months.

 

The majority of activities and achievements included in the report were undertaken between 1 January 2009 and 30 June 2009.  In some cases, major projects require a longer timeframe for completion.

Community and Cultural Development Department Projects and Activities

This summary of projects and activities is grouped under a number of headings.  These headings are:

 

·        Major projects including:

·    Neighbourhood Renewal

·    Community Cultural Development and Planning

·    South Penrith Community Facilities

·    Social Service and Community Organisation Accommodation Needs Study

·    Glenmore Park Child and Family Precinct

·        Social Needs Identification and Planning

·        Community Development, Planning and Advocacy

·        Youth Program Development and Planning

·        Liaison with Aboriginal Communities

·        Multicultural Community Development and Access

·        Disability Access Policy and Planning

·        Aged Services Development and Planning

·        Lemongrove Gardens Retirement Village

 

Major Projects

This section provides brief updates on the major projects as outlined above.

 

Neighbourhood Renewal

The Neighbourhood Renewal Program consists of a multidisciplinary team which works within an integrated approach including community cultural development, community development and economic development. The Neighbourhood Renewal Program is underpinned by extensive and creative community engagement and works with residents and other local partners to develop innovative approaches to identified local issues.

 

Neighbourhood Renewal Priorities 2008/09

At the Policy Review Committee meeting of 7 July 2008, Council endorsed the Neighbourhood Renewal Priority Area and Assessment Project.  This project outlined the area priorities for the neighbourhood renewal program in 2008/09 and subsequent years.  The assessment project was informed by the ABS Socio-Economic Index for Advantage and Disadvantage and other considerations such as the importance of equity of service in rural areas.

 

The Neighbourhood Renewal Program prioritised Londonderry and Oxley Park throughout the 2008-09 year. Kingswood and St Marys are scheduled as priority areas for the program in the 2009-10 year and initial planning and networking has begun.

 

 

Community Engagement in Londonderry

The Neighbourhood Renewal team undertook a number of activities in Londonderry in this period. Each of these activities, as well as activities undertaken in the area in 2008, were designed to collect information from residents which has informed the development of a draft report and Londonderry Neighbourhood Action Plan.

 

The activities undertaken in Londonderry this period included:

·    A community survey undertaken at the shopping strip

·    Lunchtime consultation with Maltese residents

·    Focus group with older residents at the Robert Martin Centre

·    A focus group young people at Richmond High School

 

A local woman is interviewed by Council’s Community Engagement Officer

 

The Londonderry Community Planning Session was held at Londonderry Public School on May 14 and attracted a mix of local residents, volunteers, and service providers. This session provided an opportunity for stakeholders to hear feedback about the demographics of their neighbourhood, the information provided to Council officers by residents throughout the engagement process, and to discuss these findings over a meal. Residents then discussed priority areas for Council to address through the Londonderry Neighbourhood Action Plan.

 

The Neighbourhood Action Plan for Londonderry will be presented to Council at a Policy Review Committee Meeting early in the next quarter.

 

Community Engagement in Oxley Park

A range of engagement activities were undertaken in the Oxley Park community during this period. These activities, designed to collect information from residents, have informed the development of the draft Oxley Park Neighbourhood Action Plan.

 

The activities undertaken in Oxley Park during this period included:

 

·    A community survey was conducted at the local shopping strip

·    A meeting held with older residents

·    Two neighbourhood park events called ‘Food Family Culture’ held at Ridge Park one focusing on Aboriginal families and one with Pacific Islander families

·    A consultation with young residents of Oxley Park held at Colyton High.

 

A young resident of Oxley Park at Food Family Culture

 

The Oxley Park Community Planning Session was held on May 21 at Ridge Park Hall. This event attracted a wide range of residents, including many children and young people, as well as local service providers and one local business. This session provided an opportunity for stakeholders to hear feedback about the demographics of their neighbourhood, the information provided to Council officers by residents throughout the engagement process, and to discuss these findings over a meal. Residents then set some priority areas for Council to address through the Oxley Park Neighbourhood Action Plan.

 

Local residents, businesses and services providers discuss local priorities

 

The Neighbourhood Action Plan for Oxley Park will be presented to Council at a Policy Review Committee Meeting early in the next quarter.

 

The Story Exchange – creative community engagement with children and young people

The Story Exchange 2009 was a creative engagement project aimed at consulting children and young people about the strengths and needs of their neighbourhoods through digital photography, story telling and new technologies. The project was a partnership between the Penrith City Council Neighbourhood Renewal Team, Londonderry Public School, Oxley park Public School and the Information and Cultural Exchange (ICE) and involved three stages of development. The project began as a specific consultation methods focussed on Londonderry and Oxley Park but due to difficulty in recruit young people to stage two, these areas broadened out after stage one.

 

Stage one of the project saw 30 students for Londonderry Public School and 30 students from Oxley Park Public School participate in three creative workshops throughout April and May. Workshops included digital photography and photo composition, Photoshop and animation, creative writing and story development, and finally, polishing the final works.

 

Stage two of the Story Exchange saw three young women from Cranebrook and one young man from St Marys create short digital stories or films about their neighbourhoods and the things which they are passionate about.

 

  

Young Participants of the story exchange explore different cameras and features

 

Stage three of the project included a launch, held on 30 July and opened by the Mayor Councillor Jim Aitken OAM. The event was held at the Joan Sutherland Performing Arts Centre and participants from the Story Exchange project (stage one and two), their families, friends and school representatives gathered to view the work of the young people and applaud their creativity and skills. The launch was well attended by over 100 families and friends from Oxley Park and Londonderry who were proud of the work of the young people and the strengths of their communities.

 

Implementing the Kingswood Park Neighbourhood Action Plan

The Kingswood Park Neighbourhood Action Plan (NAP) 2008 was endorsed by Council in early July 2008. The NAP outlines the issues raised by residents through the engagement process, according to the priorities developed and agreed to by the community at the Kingswood Park Community Planning Session.

 

The Neighbourhood Renewal team and other staff from the Community and Cultural Development Department continue to support the Kingswood Park Action Network (KPAN). Council officers played a supporting role in the annual Network planning day held in March.

 

Youth activities were identified as a priority issue for the community through the NAP and in May 2009 FUSION Youth services began to trial a local youth recreation program and trialling transporting young people from Kingswood Park to youth activities elsewhere on Friday nights. The Community and Cultural Development Department assisted with the printing and delivery of the promotional materials about this project.

 

Neighbourhood Renewal staff continue to negotiate the installation of a notice board and bench seats with the centre management and the local butcher at the Kingwood Park Shopping Centre. The development and installation of the notice board, which will also promote the Graffiti Removal Hotline has been a partnership project with the Public Domain and Amenity and Safety Department and the local Butcher, Neighbourhood Quality Meats, who have agreed to monitor and hold keys for the notice board. Centre Management have agreed to install bench seating.

 

Networking and promotion of the Neighbourhood Renewal Program

The Neighbourhood Renewal Team presented on the work done in 2008 in Kingswood Park to the Child Friendly Cities forum held at PCC on February 27. This presentation provided an overview of the Neighbourhood Renewal Team and specifically highlighted the work done to engage local children in the design and development of Kingswood Park as part of the Kingswood Park Neighbourhood Action Plan 2008.

 

Council’s Community Engagement Officer presented to a team of planners and community development staff at Brisbane City Council on June 4. This presentation gave an outline of the neighbourhood renewal team, and provided information on community cultural development as an effective engagement tool and the neighbourhood action planning process.

 

Local Government Cultural Awards 2009 – Creative Community Engagement in Kingswood Park

On Friday 1 May 2009, the annual Local Government Cultural Awards hosted by the Local Government and Shires Association at Parliament House, Sydney, recognised innovation and excellence in cultural development by NSW councils.

 

 

Photo taken at the Awards Ceremony for the Local Government Cultural Awards on 1 May 2009, Parliament House, Sydney, with members of the Community and Cultural Development Department, Erich Weller, Cali Vandyk-Dunlevy, Karen Harris, Jeni Pollard and artist David Capra present to receive the award.

 

Penrith City Council was recognised at these awards for Creative Community Engagement at Kingswood Park, winning the Integrated Cultural Policy Implementation section in the Division C (Population over 60,000) category.  The judging panel gave feedback that recognised the innovation of the approach to working within disadvantaged communities.

 

Key projects that were included in the award submission were the Parkour + Krump workshops in partnership with the Information and Cultural Exchange (ICE) and Kingswood Park Public School and “Dreaming Up Our Park” with artist David Capra, enabling local residents direct input into the design processes of a playground in their neighbourhood.

 

The Benjamin Andrew Footpath Library

The Neighbourhood Renewal Program has brokered an exciting pilot partnership between the Benjamin Andrew Footpath Library and local community service providers in the established areas of Cranebrook, North St Marys and Kingswood Park.

 

A young resident of Cranebrook delighted to choose some books provided by the Benjamin Andrew’s Footpath Library

 

The vision of the Benjamin Andrew Footpath Library is to empower homeless and disadvantaged people through books by delivering a regular supply of free books into communities. The Benjamin Andrew Footpath Library achieves this vision by delivering a regular supply of books to homeless and disadvantaged people living in hostels and on the streets. The partnership with the 3 community centres in Penrith has been a pilot for the Benjamin Andrew Footpath Library.

 

The first delivery of books to the Cranebrook, North St Marys and North Penrith Community Centre occurred during February 2009. Over 300 books were initially distributed in each community, with each community continuing to order books on an as needs basis. The initiative has received an exceptionally positive response from local communities in these areas and continues to grow significantly in Cranebrook and North Marys. Books have been distributed primarily to young children, youth through the Youth-Linx program and local families. Books are distributed free of charge and people are encouraged to keep books should they wish.

 

There has been positive feedback from the local community about the program with quotes such as the kids have said they want to make sure the yellow book shelf at the Neighbourhood Centre is always filled with books”, andmums are now asking what kinds of things can they get to encourage their kids to read” and “mums said they want early learning books such as books about colours, numbers and animals because many cannot afford to send their kids to preschool”.

 

It is anticipated that improving access to books will have a positive impact on literacy levels in these communities both in the present and in the years to come.

 

Magnetic Places

In 2007 the Magnetic Places Community Cultural Grants Program was established to seed creative projects to activate places and spaces in the established areas across the Penrith Local Government Area. Council’s Cultural Development Action Plan 2007 – 2011 identified that Magnetic Places will support communities in identifying and activating local meeting spaces, through seeding activities, programs and events at a neighbourhood level supported and mentored by Council officers.

 

                      

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Magnetic Places: One Move One Voice (left) and Parkroar at our Place (right) demonstrate skills development and community building outcomes achieved through these projects.

 

These projects delivered public outcomes from April to June 2009 as follow:

 

·      One Move One Voice: enlivened St Marys with more than 20 young people from diverse cultural backgrounds dancing hip hop and krump guided by renown dancer and chorographer Darrio Phillips

·      Parkoar at our Place: workshops for young residents led by artist Ali Kadhim in Kingswood Park and Werrington included the production of a high quality DVD

·      When We Were Kids: an intergenerational project sharing stories of growing up in Kingswood Park through a series of workshops with a professional story teller

·      Pathway of Friendship: created a new pathway and gathering space in Erskine Park and Oxley Park linking the communities in friendship

·      North St Marys Mural: a stunning community mural in Parklawn Place led by highly acclaimed visual artist Danny Eastwood engaging residents in painting the mural

·      The Front Steps: St Claire residents , students and community workers are developing a meeting place which includes mosaic work created by the community

·      A Town Fiesta: brought Coachman’s Park to life with hundreds of local residents from St Marys in attendance to celebrate of Philippine culture.

 

MMagnetic Places projects enhance public spaces, creativity and community spirit through workshops and public events across the LGA from March until June 2009.

 

Best Practice workshops have been held for funded projects covering areas such as risk management and assessment, how to engage an artist, financial considerations and professional capacity building in Community Cultural Development.

 

This year the projects funded through Magnetic Places have each had a particular meaning to the community and have encouraged the transformation of public spaces into magnetic, creative and meaningful places. The cultivation of place based projects have brought local public spaces to life and increased pride, community harmony and developed a sense of local ownership and belonging.

 

Community Cultural Development and Planning

The Penrith City Cultural Framework and Cultural Development Action Plan 2007 -2011 inform the actions and activities of the Cultural Development function. A number of exciting and innovative projects have been developed and supported during this period.

 

Activate 2750

 

Activate 2750 was a project of the C3 West partnership which includes the Museum of Contemporary Art, the Penrith Regional Gallery and a range of Western Sydney arts centres. SITA Environmental Solutions funded the project. The project ran over 4 weeks between February 10 and March 7 2009.

 

The project was an innovative temporary art installation developed as a close collaboration between the business partner SITA – Environmental Solutions and Ash Keating (Melbourne Artist). The artist developed a monument to recycling through the creation of large-scale structures of commercial and industrial recycled materials. The installation was supported by a series of events created with the assistance of local visual artists, with recyclable materials fashioned into moving creatures inhabited by local performing artists.

 

The installation was located within the Civic Space between the Council Civic Centre and the Joan Sutherland Performing Arts Centre. Council’s Senior Cultural Development Officer played a pivotal role in the realisation of this project, developing the project plan, liaising with other Council departments and managing significant issues such as project coordination and promotion.

 

Activate 2750 linked with the Penrith Principles for Sustainable Cities and acted as a catalyst to raise awareness of contemporary environmental challenges, providing a strong focus on community education and multidisciplinary collaboration.  The project was the first time that Council has been involved in an innovative contemporary installation with performance pieces in the Civic Space. The high profile location of this installation became a local talking point and Council received a range of calls and emails, some supportive and some not supportive of this thought provoking work.

 

This installation also supported Councils current program of expanding the domestic recycling options to include green waste.

 

     

The Ash Keating installation located in the green space made from 10 tonnes of commercial and industrial waste to raise awareness of recycling

 

 

Penrith Valley Cultural Precinct

 

The visioning workshops held at the Penrith Valley Cultural Precinct in early 2008 have provided the foundations for the development of the Penrith Valley Cultural Precinct Reference Group. The reference group is made up of each interest group and organisation that utilise space or resources within the Precinct. Each group has been invited to send one member or representative to the Reference Group meetings and it is their responsibility for keeping other members informed of activities, events or issues discussed at meetings and to distribute minutes and other reports.

 

The first meeting of the reference group was held in May and a Terms of Reference for the group was agreed upon. The overall purpose of the Reference Group is to support the vision of the Precinct as a welcoming place where communities come together to celebrate and share diversity and creativity. Other issues for discussion included updates on the construction program, developing a name for the precinct and a signage strategy. The naming of the precinct and the two meeting rooms within Memorial Hall will be a discussion that will take place over several meetings to ensure that all aspects of the naming process are taken into account prior to a final recommendation being made to Council for endorsement.

 

Construction work continues on the site with liaison between user groups and Council critical to ensure that particular access challenges and inconvenience are minimised. The Piazza area is taking shape and all groups on site continue to give positive feedback regarding the changes, with the inconveniences outweighed by the benefits of the final outcome.

 

 

The first meeting of the Penrith Valley Cultural Precinct Reference Group

 

 

The works on the Memorial Hall site are nearing completion with the Hall looking bright and inviting. It is anticipated that an official opening will take place later in the calendar year. 

 

Penrith Local Artist Network (PLAN)

 

The Penrith Local Artist Network (PLAN) is supported by Council’s Cultural Development Officer and continues to act as a reference point to distribute, by email, arts and cultural updates as well as local and regional opportunities to members of the PLAN register. This has increased the level of information, communication of creative opportunities and networks available to artists and other creative people in the region.

 

The Artist + Community Toolkit Workshops Series

In its second year in 2009, the Artist + Community Toolkit Workshop Series, a professional development program for community cultural workers, residents and artists has continued to secure a high level of participation locally, across wider Western Sydney and beyond. Two of the eight training sessions programmed to be held this year on community cultural development practice were held in the period covered by this report.  These workshops include:

·    Inspiring Creative Community Renewal: an introduction to CCD practice demonstrated examples of community renewal, capacity building and leadership in communities.

 

·    Current on the Ground: a practical workshop imparted valuable ‘tools’ and processes to creatively engage with communities including inclusive practice.

 

This year workshops have included a ‘Local Spotlight’ segment on Penrith based CCD projects, with an opportunity to highlight best practice projects emerging from the Magnetic Places Community Cultural Grants Program. This has increased the profile of local Penrith based projects and further strengthens the ongoing partnership development with key arts and cultural sector agencies at a local, State and National level

 

Partnerships with key cultural institutions such as CCD NSW continue to deliver high quality outcomes for workshop participants and this year has seen a 25% increase in workshop participation with an average of 25 and up to 35 participants.

 

 

Participants in the May and June 2009 Toolkit Workshops

 

A strong level of interest continues to grow locally and across the wider arts and cultural sector of Western Sydney and metropolitan Sydney to attend and be involved in the workshops raising the profile of Council within the regional cultural sector.

 

Other Major Projects

 

The next sections summarise a number of major projects.

 

South Penrith Community Facilities Precinct

The South Penrith Community Facilities Precinct includes a Neighbourhood Centre, two child care centres, and a guide hall.  It is located immediately to the south of the Southlands Shopping Centre.

 

Following a review of the site, it is proposed to establish a ‘leading edge’ solution for the redevelopment of the precinct which could incorporate some residential development, as well as reconfiguration of the community facilities and possible shared-use options.

 

Council officers have worked closely with the owners and representatives of the adjacent Southlands Shopping Centre which is being redeveloped during 2009, to emphasise the importance of the whole village centre as a ‘community hub’ that can deliver integrated retail, recreation and community facilities.

 

During mid 2008, Council and the community were informed that the owner of Southlands had decided to temporarily shut down the Southlands Centre for the purpose of the refurbishment thus displacing existing tenants and significantly reducing access by the local community to convenient retail options and other services including Council’s branch library.

 

The Southlands Shopping Centre was closed down over the Christmas 2008 period and work on the refurbishment of the centre commenced at the end of January 2009.

 

After extensive negotiations in late 2008, Southlands’ owners and Council’s Library service agreed to jointly fund a three month trial bus service, operated twice weekly by GREAT Community Transport, to provide access to the Nepean Square Shopping Centre and the Penrith Library service. The usage of bus service has been minimal with only one regular user and after the three month trial period ended in April 2009 the service was discontinued.

 

A key next step in moving towards a “leading edge” redevelopment of the precinct is the completion of the Local Plan which proposes the Southlands precinct as a “neighbourhood centre” retail precinct.  This outcome will deliver the planning framework for redevelopment of some Council land to occur in the medium to long term.

 

Social Service and Community Organisation Accommodation Needs Study

There has been further work undertaken on estimating the floor space requirements for a Regional Community Services Facility in the Penrith City Centre. Work has progressed on the identification of a site for the building. Both State and Federal Governments have been lobbied regarding financial contributions towards the proposed building. A further information update was forwarded to community organisations who participated in the study. A detailed memo on this matter was forwarded to Councillors in June 2009 which provided an update on this project.  It is expected that a report on this project will be provided to Council in the second quarter of the 2009/10 year.

 

Glenmore Park Child and Family Precinct

The Stage 2 selective tender process for the Glenmore Park Child and Family Precinct project closed on 22 December 2008 and a preferred tender was endorsed by Council in March 2009.

 

A commencement of construction ceremony for the project was launched by the Mayor in May 2009.

 

All design work has been completed including some minor variations that have emerged. All earthworks are completed and construction is currently underway with slabs being poured onsite.

 

Department staff have been involved in the development of and planning for the community services/professional rooms located at the Precinct. It is intended that these professional services will operate in an integrated manner with the children’s centre on site. An Expression of Interest process for the use and occupancy of these professional rooms is currently being prepared and will be advertised in the next quarter. Work towards establishing a commercial lease for the collocated coffee shop/café is also being undertaken.

 

Adjoining residents are being kept informed of progress and the expected construction and works timetable. A communication strategy to promote the facility to the broader community has commenced and will expand closer to the completion and opening date. 

 

Social Needs Identification and Planning

The social planning unit continues to undertake research to identify key areas of social need and infrastructure in Penrith. This approach is based on an appreciation of the strengths of Penrith’s communities with a view to identifying needs which may be addressed strategically through planning and project activities. The following section outlines major activities undertaken in the last half year in this portfolio.

 

Social Planning Input

The social planning team has undertaken a range of work within the last six months to provide social planning input into Council’s planning and development assessments activities. This work has included providing input towards the development of new planning documents including the Penrith’s Development Control Plan 2008, specifically relating to requirements for social impact assessment. 

 

Development applications that have been reviewed in this period have included a community service centre at Kingswood, a childcare centre, and seniors living development. The team has also provided input towards Council’s review of Section 94 plans as necessitated by State Government planning reforms.

 

New Release Area Planning

 

The social planners have continued to be involved in the planning for new release areas and areas undergoing major redevelopment and rezoning. This work has included discussions regarding the proposed extension of the Glenmore Park Town Centre, input into the subregional bike plan as well as input into early stage planning for the Riverlink Precinct.

 

The Senior Social Planner participated in the visioning workshop organised by Delfin Lend Lease regarding the proposed town centre for the Western Precinct of the St Marys Development.

 

The team has undertaken research towards providing input into the Sustainability Blueprint for Urban Release Areas with a specific focus on the provision of affordable housing in the new release areas. The Sustainability Blueprint is currently being revised by Council’s Environmental Planning Team.

 

Demographic Profiling and Monitoring

The social planning team has continued to provide advice to Council and Council staff on community trends and changing social needs and the implications for the community and Council.

 

Work has been undertaken within the period to prepare supporting material for a number of Council departments towards Council’s grant submissions for funding under the Federal Government’s Jobs Fund administered by the Department of Education, Employment and Workplace Relations. Information was also provided to community organisations to support their funding submissions to the Federal Government.

 

The social planning team also reviewed and provided input towards the update of Council’s community statistical profile which is managed by consultants Informed Decisions.

 

Social Sustainability Presentation

In early June the social planning team invited a guest speaker to Council to generate discussion and awareness of current social planning issues. Anna Peterson, Social Sustainability Manager of Landcom, gave a presentation on social sustainability to the Community and Cultural Development Department staff and a number of planners from Council’s Local and Environmental Planning Teams. Anna was accompanied by two colleagues from Landcom’s development team, and generously provided the team with a detailed presentation of Landcom’s approach to social sustainability.

 

This event was held with the aim to increase awareness of the valuable contribution that social planning makes to land use planning and urban development activities. Anna outlined the manner in which Landcom has integrated strategic social planning processes into Landcom’s early stage planning for development sites and how this has ensured adequate responses are delivered to meet community needs and social infrastructure.

 

This presentation served to highlight the importance of social planning considerations in the development of sustainable communities. Positive feedback was received from a number of attendees.

 

Affordable Housing

The Department continues to work in partnership with the Environmental Planning Department on the delivery of affordable housing in the new release areas of Penrith. 

 

The announcement in late 2008 by the Department of Planning to review infrastructure contributions plans are likely to influence to what extent affordable housing contributions will be achievable through voluntary planning agreements. This matter is expected to be resolved in 2009/10.

 

More recently Council officers have held discussions with Housing NSW and the NSW Centre for Affordable Housing to explore the funding opportunities from the State and Federal governments to achieve affordable housing outcomes in Penrith City.  This includes the recently announced Federal economic stimulus package.

 

Through its not-for-profit development consortium Blue CHP, Wentworth Community Housing (the local community housing association), has recently purchased eight affordable housing dwellings in Penrith City through a combination of its own assets and State funding.

 

City-Wide Strategy for Children

The Community and Cultural Development Department assumed the responsibility for delivering this initiative from the Children’s Services Department in January 2008. Since this time a small team from both departments have worked together to progress this strategy.

 

A scoping study was completed in July 2008 which defined the work to be undertaken and a broad approach to the development of the strategy. Elton Consulting has been engaged to undertake the full strategy which is expected to be in draft towards the end of this calendar year. 

 

The Strategy will support the further development of Penrith as a child friendly city where children together with their families will contribute to decisions about their city and be encouraged to participate in family, community and social life. The Strategy will support the planning and delivery of safe and engaging public spaces where children of all abilities can play and interact in their neighbourhood and environment.

 

It is proposed the strategy will be titled “A Child Friendly City – The Way Forward”.  This approach will ensure that the strategy focuses on what Council can deliver with its partners and does not duplicate existing NSW Department of Community Services family support responsibilities or Federal resource allocation processes.

 

Community Development, Planning and Advocacy

This function includes a range of community development tasks focused on the broader community as well as target groups not covered by portfolio specific staff.  It also includes a number of funding programs co-ordinated by Council. This section summarises the major activities undertaken in this portfolio.

 

Western Sydney Area Assistance Scheme

The Area Assistance Scheme (AAS) is a regional community development program administered by the NSW Department of Community Services. This funding program provides grants to local councils and non-government organisations for projects that improve community wellbeing and social capital.

 

Council’s Community Projects Officer is responsible for managing this funding program in the Penrith LGA.  This includes supporting community organisations to develop projects and assisting organisations in the application process.  Council’s social planning team provides research information and data on local priority needs.

 

The 2008-2009 AAS funding round opened on 29 August and closed on 10 October 2008.  All eligible applications were ranked and prioritised by the Local Ranking Committee. The highly ranked applications recommended by the Local Ranking Committee were then submitted to a regional committee where further prioritisation occurred. This detailed ranking process was completed by April 2009.

 

The outcomes of the 2008-09 AAS funding applications were announced in early July 2009 and Penrith LGA was successful in securing $60,000 funding for a project that will be auspiced by Council. This one year project will build the capacity of the non-Government community sector through training to support the delivery of an integrated approach to domestic and family violence in Penrith LGA. This project will sit within Public Domain Amenity and Safety Department and will partner with the Community and Cultural Development Department to work collaboratively on delivering project outcomes.

 

Community Development Support Expenditure Scheme

The Community Development and Support Expenditure (CDSE) Scheme is a state-wide funding program that supports larger registered clubs to contribute to the wellbeing of the local community. Council works in partnership with the State Government and local clubs, to provide co-ordination and administrative support to ensure the smooth operation of the scheme. In addition to this role, Council’s Social Planning staff provides a range of research information and data on local priority needs to assist decision making processes.

 

The 2009 Penrith CDSE funding round was planned and promoted early 2009 with the round opening for applications in March 2009. In total, 96 eligible applications were received and the Local CDSE Committee is currently undertaking assessment and ranking processes. Outcomes will be known early September 2009.

 

Development of the Advocacy Strategy for the Women’s Services Sector

In the development of the 2005-2009 Strategic Plan, Penrith Council identified that further work was required to address the barriers women experience in accessing social and other services.

 

The Women’s Services Sector Advocacy Strategy has been developed with the aim of maintaining and enhancing a viable and effective women’s services sector, which is a critical factor in the delivery of accessible services for women in Penrith City.  Women are identified as a target community under the State Government Social Planning and Reporting guidelines and the development of an advocacy strategy is a key demonstration of Councils commitment to equity for women.

 

The Strategy was presented to Council and endorsed in February 2009. The Strategy was officially launched during the Penrith’s 2009 International Women’s Day Celebration held in March.

 

The Women’s Services Sector Advocacy Strategy was the category winner of the 2009 National Local Government Category Award for Building Capacity – Women in Local Government. This award recognises Council’s commitment and innovative approach to addressing some of the social inequities faced by women in Penrith and provides opportunities for the genuine participation of local women in making decisions affecting their lives.

 

The implementation of the Strategy’s Action Plan will be led by the Community and Cultural Development Department who will report to Council on its progress and achievements annually.

 

Photo taken at the award presentation ceremony for the Women’s Services Sector Advocacy Strategy in the Parliament House at Canberra on 24 June 2009

 

 

Networking Breakfast 28 May 2009

The Quarterdeck was abuzz with around 60 community workers from the Penrith LGA for a networking breakfast held on 28 May 2009. The breakfast aimed to link people to the various interagencies which function in the area and showcase the achievements of these networks. The event proved very successful with participants requesting similar events be held. Following the breakfast at least two local interagencies have reported that there has been an increase in interest and enquiries about attendance.

 

 

 

Participant at the Networking Breakfast enjoying the range of different activities

 

The Networking Breakfast has its own Facebook site where others can learn about the exciting work of these groups and how to find out more about local interagency networks.

 

Community Assistance Program

Through the Community Assistance Program (CAP), Council makes small grants to non-profit organisations and community-based groups to help meet local community needs. 

There are two components of the Community Assistance Program - the Planned Component and the Rolling Component. The Planned Component of the program is undertaken once a year in September-October. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken during the following financial year. Recognising that not all needs for funding can be foreseen, the Rolling Component allows for one-off requests to be brought before Council at any time during the year.

 

             

2008-09 CAP Cheque Presentation Ceremony

 

The 2008-09 CAP Planned Component Funding Round opened on 22 September and closed on 20 October. After careful consideration against the identified criteria, 46 projects totalling $39,000 were successful in receiving CAP grants.

 

The CAP cheques were presented to representatives of successful organisations by the Mayor, Councillor Jim Aitken OAM at a function in the Nepean Room on Thursday, 12 February 2009.

 

In addition, through the CAP Rolling Component, three community projects received funds during the period from January to June 2009.  The total amount allocated for CAP Rolling Component funding in 2008-09 was $5,718.

 

Community Services Directory

Penrith City Council’s Community Services Directory provides a comprehensive listing of community services in the Penrith LGA and across the Western Sydney region.

 

During 2008-09 the directory has been transferred to an online database provided through the Local Information Network for Community Services (LINCS). The database combines information from a range of community organisations, Councils and government agencies.

 

The LINCS web-based system provides access to a large database of community services information and is currently in use by more than 40 councils throughout NSW.  The system is user friendly and easily accessible with the capacity to produce hard copy directories and information.

 

The system has been operating since March 2009, and has replaced and integrated a number of Council’s manual in-house information directories, including the community services directory, the recreation guide, children’s services directories and others.

 

Volunteer Management Committee Network

Council officers have continued to coordinate and resource the activities of the Volunteer Management Committee Network. The Network provides important support and information to the voluntary management committee members of local neighbourhood centres. The Management Committee Network was established as a partnership between Council, local neighbourhood centres and volunteer committee members.

 

A review of the Network’s activities was undertaken in early 2009 to assess the changing needs of neighbourhood centres and their voluntary management committees has resulted in increased membership and improved communication between the Network and the management committee members.

 

A Managing Times newsletter was distributed to the Management Committee Network members in May 2009 with a range of relevant information.  The newsletter was well received with positive feedback from a number of groups.

 

Council’s Officers have undertaken visits to a number of management committees meetings at various neighbourhood centres across the city. Short presentations were given to the management committees about Council’s role in supporting neighbourhood centres and the recent changes to the Community and Cultural Development Department. These sessions have helped to strengthen relationships with management committee members.

                         

 

Visit to St Clair Youth and Neighbourhood                            Managing Times Newsletter

Team Management Committee

 

Volunteers in Action-Their Stories Project

Council has been working with the Management Committee Network on the Volunteers in Action - Their Stories project.

 

The project aims to promote volunteering and encourage the community to get involved with neighbourhood centres through volunteer work. In addition to the recruitment of new volunteers, the focus of the project is on the acknowledgement of the many volunteers who contribute to the work of Council’s community facilities including neighbourhood, youth and senior citizens centres. The production of a booklet will highlight the personal stories of volunteers and include snapshots of their experiences at the centres.

 

A number of workshops were held in the first half of 2009 at neighbourhood, seniors centres and the Civic Centre to facilitate sharing and capturing of the volunteers’ stories by a professional story teller and writer. A photographer has also been engaged to visit centres and capture photos of the volunteers in action.

 

The next step in the project is the design, layout and printing of the booklet. Once the booklet is finalised, a launch and distribution will be organised in collaboration with the neighbourhood, youth and senior citizens centres.

 

 

      

         Workshop with volunteers at North St                    Workshop at the Civic Centre

                Marys Neighbourhood Centre                                          

This project is an important acknowledgement of the valuable work of volunteers within our community facilities and across the LGA.

 

Neighbourhood Centres Week 2009

Neighbourhood Centres Week is an annual celebration of Neighbourhood Centres’ achievements, which has been celebrated nationally since 1993. In 2009, Neighbourhood Centres Week was held from 11 to 17 May.

 

During Neighbourhood Centres Week, centres aim to raise community awareness of the diverse range of services and activities that centres offer for the community. Services provided by local neighbourhood centres are promoted through community events, open house days, information stalls and various other awareness-raising activities.

 

As in previous years, Penrith Council worked closely with the Workers in Neighbourhood Centres (WINC) to support Neighbourhood Centres Week celebrations. Council also sponsored a Neighbourhood Centres Week promotional campaign including advertisements in the local press and a display in the Civic Centre.

 

International Women’s Day 2009

International Women’s Day 2009 was held on Friday 6 March 2009 at the Joan Sutherland Performing Arts Centre.  The theme for the event was “Create, Grow, Connect”.

 

Council officers participated in a collaborative working party with several community organisations and service providers to plan the event. Community organisations conducted a range of micro events involving local women in the lead up to the main event.

 

The day’s program included performances, door prizes, interactive activities, art exhibition as well as a luncheon. Councillor Karen McKeown launched the Penrith Women’s Services Sector Advocacy Strategy at the event.

                                               

               

International Women’s Day 2009 Event

 

Northern Rural Areas Community Development Project

 

The Northern Rural Areas Community Development Project has been funded for two years through the Western Sydney Area Assistance Scheme and commenced in March 2009 following Council’s employment of a part time Community Development Officer. Covering the areas of Londonderry, Llandilo, Berkshire Park, Castlereagh and Agnes Banks the project aims to meet the following objectives:

 

·    Consultation with the rural community and local stakeholders to determine the priority social and related needs of the Northern Rural Areas

·    The development of projects with key rural services and Penrith and Nepean wide service providers to address priority needs (and aspirations)

·    The involvement of the community in the development and implementation of the project – building local capacity and social capital.

 

An office has been established at Londonderry Public School and the project promoted to key stakeholders in the area. Following initial community consultation, broad priorities for the project have been set and a workplan has been developed. Partnerships are being established in a number of key areas, including some of those identified within the draft Londonderry Neighbourhood Action Plan.

 

Youth Program Development and Planning

This section summarises the major activities undertaken in this portfolio.

 

Nepean Youth Homelessness Service

The Department of Premier and Cabinet formally announced in December 2008 that they would be funding a 12 month project targeting young homeless people in the Nepean region.  The Nepean Youth Homelessness Service (NYHS) will provide housing and support for ten high needs homeless young people as well as brokerage support packages for up to fourteen homeless young people with less complex needs.

 

Marist Youth Care is the principal agency for the NYHS and Housing NSW are providing the housing for the project via either their own stock or through head lease arrangements.

 

At the local level a coordination committee of youth homelessness services and key agencies from the Nepean region meets regularly to support the ongoing effectiveness of the service and to assess each referral as appropriate.  Council’s Youth Development Officer has been a part of the coordinating committee since the project’s inception. It is anticipated that the project will provide an opportunity for the young people involved to break through the cycle of homelessness and provide the support necessary for a stable future.

 

Penrith Youth Interagency (PYI)

Penrith Youth Interagency is a forum for professionals working with young people in the Penrith LGA. Members come from a diverse range of backgrounds and organisations, and join together with a common purpose, which is to address the needs of those in our community aged 12 -24 years. It is also a forum for youth workers to network, share ideas and strengthen the youth sector by collaborating on joint initiatives.

 

PYI recently made a submission to the Department of Premiers and Cabinet in relation to the NSW Domestic Violence Strategic Framework discussion paper. Members of PYI also attended focus groups that the Department ran in Penrith.

 

Speak Out Event and Schools Youth Leadership Summit

As endorsed by Council at the Ordinary Meeting of the 28 July 2008, a Youth Speak Out event was held on the 17 March 2009 in the Nepean Room. This event was targeted at young people who may not have been attending school but engaged with services such as accommodation or youth services.  Over 40 young people attended the event as well as representatives from youth services and support agencies. The event was facilitated by the Information and Cultural Exchange (ICE). The aim of the event was to give young people in the Penrith Local Government a voice and inform Council of the issues and concerns that are important to young people. The Mayor opened the event and encouraged the young people present to have their say and ‘speak out’.

 

Flyer promoting the Schools Youth Leadership Summit

 

The session started with a very interesting and interactive ice breaker activity facilitated by Maria Tran from ICE. The event was filmed and young people were invited to take part in vox pops and tell Council what they like and dislike about Penrith. The young people then broke into smaller groups with facilitators from Council and local youth services. The groups discussed a series of questions relating to various topics including recreation, youth services and council services. There was some lively discussion around the various themes.

 

A second event, a Schools Leadership Summit was hosted by Council on  26 May at the Joan Sutherland Performing Arts Centre. Over 75 young people and teachers attended the day as well as a representative from the Department of Education and Training.  The Summit was again facilitated by ICE.

 

The theme of the Summit was leadership and how young people could be leaders in their everyday life.  The Mayor opened the event sharing his thoughts on young people and welcoming those present to contribute to future decision making of Council. Cr Ardill and Cr Guillaume gave lively presentations, sharing their journey of leadership. Feedback from young people and teachers indicated that these presentations were well received.

 

The Summit utilised a range of engagement methods including interactive digital opportunities through vox pops. The participants took part in small group consultations around the same themes from the Speak Out event. Following this, the young people took part in an interactive presentation called “You at the Wheel” facilitated by the FRANK team. This included looking at different scenarios and how the choices we make can impact on our and other people’s lives. Scenarios explored the theme of leadership in everyday life.

 

The catering was ably provided by hospitality students from Glenmore Park High School. This gave the students the opportunity to gain the professional experience of catering for a function.

 

A group of young people from Lachlan Shire were supported to attend the event. A program of events was organised for the group including a tour of the Civic Centre and other points of local interest. The participation of these young people added to the range of views and experiences at the Summit and was a positive experience for the young people who attended.

 

Information from both events will be collated with a report and DVD will be presented to Council in the next quarter.

 

Youth Week 2009

Penrith City Council was invited to apply for funds as a contribution towards Youth Week events in our area.  Youth Week 2009 was held from Saturday 28 March until Sunday 5 April. The theme for this year was “Make a Move” and Council received $3,075 (excluding GST) from the Department of Community Services, Communities Division. As a requirement of receiving these funds, Council matches the amount on a dollar for dollar basis.  The total budget for 2009 Youth Week activities was $6,150.

 

For Youth Week 2009, organisations were required to demonstrate what strategies they would employ to address any transport issues, and how the proposed activity would be advertised and inclusive of a diverse range of young people including those from Aboriginal and Torres Strait Islander backgrounds, non-English speaking backgrounds and young people with disabilities.  Organisations were also asked to demonstrate how young people would be involved in planning and implementing the activities.

 

Organisations have again been asked to be aware of the Penrith Youth Services Code of Practice.  Local youth services and Penrith City Council developed the Code in 2002 and it outlines best practice for organisations that work with young people.

 

The opportunity to apply for Youth Week funds in 2009 was widely advertised, including through Penrith Youth Interagency, the Mayoral column, Council’s website and through extensive email networks.

 

Four events were held during Youth Week and one was postponed until June the 18th due to rain. The range of events included:

 

·    A Youth Forum held at Glenmore High School where local young people were given the opportunity to express their views via a many mediums on a number of topics.

·    Young people of Greek background conducted a radio program at WOW FM radio to discuss their stories and to raise awareness of their cultural heritage. The young people met a number of times to develop the program and discuss content.

·    Young women with mental health and co-existing substance abuse issues participated in a series of art workshops allowing expression through the medium of art whilst also enjoying participating and being tutored in a fun activity. The activity allowed the young women to develop informal networks and some young women expressed an interest in taking on an organising role in future events.

·    A local dance competition organised by a committee of young people who had several planning meetings in the lead up to the event.

·    A collaborative event to celebrate the achievements of young people. Two planning sessions were held with young TAFE students who conducted consultations with young people on the night.

 

Youth week provides increased opportunities for young people to participate in community life through increased access to events organised by and provided specifically for young people.

 

Liaison with Aboriginal Communities

This section summarises the major activities undertaken in this portfolio. A separate report to Council on NAIDOC week activities was presented to the Ordinary Meeting on August 24th.

 

Police Liaison Committee

Council’s Aboriginal Liaison Officer continues to provide support and advice to the NSW Police, Penrith Local Area Command through provision of information on local issues and participation on the Local Area Command Aboriginal Committee.

 

Council’s Aboriginal Liaison Officer is currently providing advice and assistance to the Aboriginal sub-committee on the development of a Cultural Awareness Training Manual for officers from the Penrith Area Local Command.

 

Aboriginal Cultural Heritage

Support continues to be provided to an internal team led by Council’s Development Services Manager to ensure Council’s Aboriginal Cultural Heritage policies and practices are robust and can support effective liaison with Council’s Aboriginal partner organisations.

 

Some delays have occurred with this work due to Aboriginal partner organisations dealing with a range of other priorities.

 

Aboriginal Component Ropes/South Creek Project

Together with Blacktown Council, Penrith City Council has received a grant from the NSW Department of the Environment and Conservation for rehabilitation work in the South and Ropes Creek Corridors. Council’s Aboriginal Liaison Officer provided advice in developing an Aboriginal component in the tender document for this project. The tender documents for these rehabilitation works require prospective tenders to demonstrate how they can create and extend opportunities for employment of Aboriginal people and enterprises.

 

This Aboriginal employment opportunity is currently being extended further by Greening Australia.

 

Aboriginal Job Compact

Penrith City Council has been approached by the Department of Aboriginal Affairs to sign an Aboriginal Job Compact. The Aboriginal Job Compacts are an initiative to link unemployed Aboriginal people with private sector jobs. Because employment is a key element of economic independence and has a direct bearing on general wellbeing, improving employment outcomes for Aboriginal people will have a range of positive flow-on effects.

 

Council officers have met with staff from the Department of Aboriginal Affairs and Yarn’n consultancy firm to discuss the requirements, process and details of the compact.  Council endorsed signing a Job Compact with the NSW Department of Aboriginal Affairs at the Council Policy Review Committee meeting of 4 September 2008. This project is waiting on further advice from the Department of Aboriginal Affairs.

 

In the interim, work has continued with a brief developed to undertake consultation with Aboriginal residents on employment, training and enterprise related issues. This project is being undertaken by the Neighbourhood Renewal team with particular interest in residents in older established areas within the Penrith LGA. The information gathered through this engagement process will further inform the integration of employment related issues into Neighbourhood Action Plans as well as supporting the Aboriginal Job Compact.

 

Further work is being undertaken to bring together particular industry sectors and companies that have an interest in supporting the employment of Aboriginal and Torres Strait Islander residents in Penrith City.  Discussions have also been held with the Western Sydney Institute of TAFE and UWS to ensure Council’s work is linked to further education opportunities.

 

Multicultural Community Development and Access

This section summarises the major activities undertaken in this portfolio.

 

Sudanese community trip to Parliament House

 

Following a suggestion from the session held in partnership with Blacktown Council to introduce the local Sudanese community to the Australian government system, Council officers worked in partnership with Sister Janet Woods from Mamre Homestead to facilitate

an educative trip to Parliament House in Canberra on the 25th February. The purpose of the trip was to learn more about the operation of the levels of Government in Australia

Many of the women will be applying to become Australian citizens and the trip included a tour of the House of Representatives and the Senate giving participants a greater understanding of the operation of the Federal Parliament.

 

The Federal Member for Lindsay, David Bradbury, briefly met with the women which assisted in their understanding of the local member representing issues at a Federal level

 

It was a beneficial experience for the women and Sister Janet Woods from Mamre gave feedback that it was a great experience for all.

 

Members of the local Sudanese community pose for a photo outside Federal Parliament with the Member for Lindsay, Mr David Bradbury

 

Expo for Arabic Community

 

The third event in a series of service expos was held on 12 February 2009 for the Arabic community in Council’s Community Connections building. The community organisation tenants in partnership with Penrith City Council have held a series of expos over 2008 and 2009 for residents from culturally and linguistically diverse background and Aboriginal and Torres Strait Islander communities. 

 

 

Information expo for members of the Arabic Community held at the

 Community Connections building

 

The Community Connections building houses a number of local community organisations which provide a service to the elderly, people with disabilities, youth, carers and families.

A tour of the services and distribution of show bags containing service information were also part of the day. 

 

Rafiki (Friend) in Swahili Refugee Youth Camp

 

In response to the issues that face young refugees, local service providers worked in partnership with Council to organise a residential camp for thirty-two local young people held at the Yarramundi Youth Camp in February 2009. The aim of the camp was to explore bi cultural issues and to share the issues impacting their Australian lives and to learn about local youth and health services.

 

Those that attended were able to challenge themselves physically, emotionally and broaden their perception of health and wellness. The young people also had the opportunity to make new friends and break down social isolation and gain an understanding of how community services work and how to access the information they need in Australia.

 

Pathways to Primary Industry – Refugee Week Celebration  

A partnership project with Penrith City Council, Centrelink, TAFE, Job network providers, the NSW Farmers Association and a range of other services held a Refugee week BBQ event at a Farm in Rossmore in the Liverpool LGA. The event was held at this venue to demonstrate a working farm and showcase local employment possibilities.  Two students from the first Pathways to Primary Industry course were successful in gaining employment on this farm.

 

    

Burmese Karen people performing at the Pathways to Primary Industry gathering at Rossmore to celebrate Refugee week

 

Harmony Day and Cultural Diversity Training

With increasing numbers of residents from diverse backgrounds coming to live in the Penrith LGA, it was decided that training in cultural diversity for service providers was seen as way to acknowledge Harmony Day in 2009.

 

Over 45 services attended the training in the Nepean Room at the Civic Centre which covered topics such as understanding Islamic culture, sexuality, gender and diversity, the effects of trauma and torture on refugee communities as well as cultural competency for organisations.

 

Participants gained a better understanding of cultural practices, and many reported that they found the day very interesting and useful and we planning strategies to improve their services and practices as a result of the skills developed. Additional training of this type was also requested in the evaluation responses.

 

A drumming circle concluded the awareness training bringing greater understand of the cultural component of music as cultural expression for diverse communities.

 

   

 

Participants experiencing different activities at cultural diversity training

 

Refugee Week  – Training and Celebration

A mixture of fun and training was the theme of this year's Refugee Week celebrations in Penrith.

 

The major celebrations were held on Friday 19 June, starting with a three-hour training session at Penrith Library targeting community workers from government and non-government organisations. The training covered topics looking at the impact of a refugee background on health and settlement in Australia.

 

Following this training, Westfield Plaza was the venue for the cultural celebrations with two local choirs singing songs they had written along with traditional cultural songs from the Southern Sudanese Women’s group. In addition to the music information brochures were handed out to around 200 shoppers with the aim of raising awareness about the issues for refugee communities.

 

A Young Sudanese Hip Hop group performing at Refugee Week event

 

Disability Access Policy and Planning

This section provides a summary of the major activities and projects undertaken in this portfolio in the period.

 

Penrith Inclusion Plan – People with Disability 2009-2013

 

The Disability Action Plan Stage 2 project builds on the work of Council’s first Disability Action Plan 2003-06. The draft plan has been renamed the Penrith Inclusion Plan – People with Disability 2009-2013 in recognition that the aim is to promote the inclusion and participation of people with disability in the local community and in the social and economic fabric of Penrith City more generally.

 

The plan emphasises the role of Council as a City leader and highlights the importance of strategic partnerships with other organisations in making Penrith more inclusive and accessible.

 

The plan has reached the final stages of preparation during the first half of 2009. After fine-tuning and approval of over 80 actions in the plan the draft documentation was presented to the Access Committee at the meeting on 1 April for consideration.  The draft plan was received positively and on 15 June the draft Penrith Inclusion Plan – People with Disability 2009-2013 was presented to a Policy Review Committee meeting of Council for approval for placement on Public Exhibition to seek public comment and feedback. A full report to Council is included in tonight’s business paper on the Penrith Inclusion Plan – People with Disability 2009-2013.

 

Disability Sport and Physical Activity Forum

 

On Tuesday 2 June Council, in partnership with NSW Sport and Recreation, invited disability service providers, people with disability, carers and sport and recreation providers to a Disability Sport and Physical Activity Forum held in the Nepean Room.  The aim of the forum was to:

 

·    Identify and scope the need for sport and physical activity for people with a disability

·    Facilitate networking opportunities for the local community.

 

The forum was attended by approximately sixty (60) participants predominately from the disability sector.  Participants discussed and identified the following:

 

·    What is currently happening and working well

·    What is the ideal future

·    Supply and demand

·    Challenges and opportunities

·    Networks and partnerships

·    Distribution of information, how is this done

·    Existing resources

·    Where to from here.

 

Community and cultural development staff are working with Council’s recreation management team and representatives from NSW Sport and Recreation to implement the outcomes from the forum meeting.  The feedback and comments from participants about the first meeting was very positive and the next meeting will be held on Tuesday 18 August.

 

Disability Sport and Physical Activity Forum – Nepean Room Tuesday 2 June 2008

 

An outcome of the forum was to organise a disability sports project within the LGA. This initiative will be launched as part of the ‘Active Penrith’ month that Council’s recreation team is organising in October this year.

 

Disability Access Improvement Program (DAIP)

 

Council allocates $25,000 annually for the purpose of improving access for people with disabilities to services and facilities.  In 2008-09 Council has undertaken a range of physical access, training and technology projects to make Council’s service more accessible and customer friendly.

 

Disability awareness and technical training have been a particular focus in 2008-09 with the following workshops and training sessions organised during the year:

 

·    Councillor Training

·    Customer Services training for frontline and children’s services staff

·    Technical training on the new AS1428 disability access standards

·    Induction training for new staff and Access Committee members

 

Approximately 120 staff, including Councillors have participated in one or more of the training sessions during the year.

 

In addition to the training the DAIP has provided funds for the following:

 

·    Purchase and installation of a swimming pool hoist to enable access for people with a moderate to severe physical disability to access the Penrith Pool

·    Purchase and install a hearing loop at the front counter of the St Mary’s business centre and Penrith Civic Centre

·    Repair of two (2) Poet Readers and replacement of two LCD monitors located in Penrith city Library

·    Contribution to the architectural blueprint design for Council’s Toilet Replacement Program

·    Contribution to consultants costs to undertake a community consultation and internal Landscape Architectural Universal Design for the Rance Oval Playground, Werrington. 

 

A business paper is being prepared for the next Access Committee meeting (5 August), and Council to report on the expenditure of the 2008-09 financial year and will also include recommendations for expenditure of the next DAIP in 2009-10.

 

Aged Services Development and Planning

This section provides a summary of major activities in the aged services development portfolio during the period.

Ageing Strategy – Planning for an Ageing Community

The impact of an ageing population will be a challenge across a broad range of Council services and activities. The Planning for an Ageing Community Strategy will build on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents. Council’s government and community partners are also critical to this effort.

 

During the first half of 2009, Council officers have finalised the draft documentation Planning for an Ageing Community in conjunction with Elton Consulting, the consultant team working on this project. The draft strategy incorporates around eighty individual actions in response to meeting the challenge of an ageing population over time. The actions are structured around the following key themes:

 

·   Encouraging participation in social, leisure and cultural activities

·   Encouraging healthy lifestyles and access to health care and support services

·   Supporting older people to age in place

·   Creating local communities that support active ageing

·   Encouraging participation in, and contribution to, community life.

 

The draft Planning for an Ageing Community Strategy articulates Council’s considered response in planning for an ageing population. The Strategy is the result of an extensive research, consultation and action plan development process and positions Council as a strong leader and advocate in supporting Penrith’s increasing number of older residents into the future.

 

The draft documentation will be presented to Council’s Policy Review Committee meeting in July and subsequently placed on public exhibition during August for community comment and feedback.

 

Seniors Week 2009

 

Nearly 500 of Penrith's older residents attended the 'Together in Harmony' concert at the Joan Sutherland Performing Arts Centre on Thursday 19 March to celebrate Senior's Week 2009. This year’s concert theme Together in Harmony acknowledged and celebrated the diversity of our community.

 

The concert featured local performers and artists including the Penrith Seniors Choir, the Golden Stave Music Therapy Centre and the Cranebrook Women’s Drumming Group. A didgeridoo player entertained residents during the morning tea and the concert included two inspirational performances by local schools and was closed by Flamenco Red, a music and dance performance developed with assistance of Magnetic Places Community Cultural Grants funds in 2008.

 

The event, hosted by Council with financial support from the Department of Disability, Ageing and Homecare, is the culmination of a collaboration and partnership with local seniors groups and their representatives. Volunteer assistance was provided by two local schools.

 

Council also allocated small grants to ten local groups to assist with organising a range of other local activities to celebrate Seniors Week 2009. These projects include an afternoon tea and display of local history, the exhibition of the work and talents of a seniors group based at a local neighbourhood centre, a combined Multicultural Seniors Week lunch and “School for a Day” where older members of the community participate in classroom activities, folk dancing, art activities and share their school experiences with the students.

 

Participants at the Seniors Week event held at the Joan Sutherland Performing Arts Centre

 

Aged and Disability Sector Service Planning

Council actively participates on a number of planning working parties, with representatives from Blue Mountains and Hawkesbury Councils, to identify service gaps and issues in the Nepean Area. This information is used to assist the NSW Department of Disability Ageing and Home Care (DADHC) in service planning and funding over the next three years. DADHC’s Triennial Plan (HACC) was signed-off by the Commonwealth and State Ministers in December 2008. The plan allocates the release of funds for a range of HACC projects in the Nepean area over the next three years including social support and specific services for older people from culturally and linguistically diverse backgrounds as well as new community support packages. Council has participated on the panel established by DADHC to review expressions of interest for this funding in the Penrith area.

 

Council has received an additional $25,000 in recurrent funding from DADHC in the growth funds allocated under the NSW HACC program. The funds are provided to enhance Council’s work in supporting the planning and implementation of the HACC program.  A report was presented to an Ordinary meeting of Council on this matter on 15 June 2009.

Council’s aged and disability services portfolio has been restructured as a result of this funding with the recent appointment of a new Community Development officer – Older People. The additional resources will be used for a part time Disability Services Officer in the near future.

 

Additionally, the Penrith Community Care Forum, which includes over 40 service providers, has undertaken regular planning sessions and issues discussions to provide feedback into the planning working group meetings with DADHC. A special meeting of the forum is being planned for August with representatives of the Sydney West Area Health Service to identify projects and activities for future collaboration and partnership with the aim of improving health outcomes for Penrith’s older residents.

 

Lemongrove Gardens Retirement Village

Following the death of a long time resident at the end of January 2009 the vacated unit was completely refurbished. The deposit has been paid by the new resident who will move in to the Village as soon as his property is sold.

 

In addition to the ongoing minor maintenance, there have been a number of major capital works completed over this period. The gutter over-straps have been replaced on all gutters to stop the overflow and water running down the walls and circuit breakers have been installed to twenty four (24) units. Many of the white goods have had to be renewed with an air conditioner, two (2) stoves, four (4) hot water services, a washing machine and two (2) new clothes dryers all being installed over the reporting period.

Summary

This report is one of a series of six monthly reports to Council on projects and activities of the Community and Cultural Development Department. The period of the report covers 1 January 2009 to 30 June 2009 and reflects the broad range of activities and events undertaken during this time.  In many cases project work will carry over into the 2009-10 year.

 

 

RECOMMENDATION

That the information contained in the report on Community and Cultural Development Department - Projects and Key Achievements - 1 January 2009 - 30 June 2009 be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

7 September 2009

A City of Opportunities

 

 

 

11

The Nepean Regional Taskforce on Homelessness   

 

Compiled by:                Vesna Kapetanovic, Community Projects Officer (WSAAS)

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Objective: We have access to what we need

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

     

 

Executive Summary

This report informs Council of the current Federal and State Government policy initiatives to address homelessness. The responsibility for the funding of homelessness support services clearly lies with the Federal and State Governments. The Federal Government has demonstrated leadership in the development of the White Paper to address homelessness, titled ‘The Road Home: A National Approach to Reducing Homelessness’.

 

This policy framework provides opportunities for a structured regional and local response to occur in relation to addressing homelessness. Local homelessness service providers have worked together to develop a new approach through a pilot model that builds on existing networks, strengths and expertise. This pilot model includes an integrated service delivery component and local service providers involved in this key initiative include: Marist Youth Care, Wentworth Community Housing, Nepean Youth Accommodation Services, Mission Australia, Penrith Women’s Refuge, Salvation Army, Barnardos, Blue Mountains Youth Accommodation and Support Services, Fusion Accommodation Support Services and Eddy’s Out West.

 

The model also includes a policy development team, which will drive and support the work of the Nepean Regional Taskforce on Homelessness. This Taskforce will link Federal, State and Local Government together with homelessness specialist services and the corporate sector to develop sustainable and innovative regional and local solutions to homelessness.

 

This Nepean based Taskforce will include stakeholders from the Penrith, Blue Mountains and Hawkesbury Local Government Areas, as well as from the Blacktown Local Government Area who provide services to Nepean residents as part of their government funded service agreements.

 

This report seeks Council’s commitment to participate in the Nepean Regional Taskforce on Homelessness. Council’s participation would involve providing information, support and advice to the development of a Regional Action Plan through its knowledge of the local area and the challenge homelessness presents for some residents in the City. This report recommends Council become a signatory to the Memorandum of Understanding for the Nepean Regional Task Force on Homelessness to enable this participation.

 

Background

 

Homelessness is a complex social issue that can be understood and defined in various contexts.  The widely accepted cultural definition of homelessness includes people who do not have access to stable and conventional accommodation. People moving between temporary forms of shelter or refuges and people living in minimum standard accommodation without security of tenure are also considered within this understanding of homelessness.

 

A state of homelessness may be short term and caused by a crisis, or longer term where a person may experience multiple health or other problems and may require that individual to adapt to a life of homelessness. Homelessness can also be ongoing when a person moves through different forms of insecure accommodation and is unable to access secure stable accommodation.

 

The circumstances and experiences of homeless people vary and responses to homelessness must be flexible enough to meet diverse and often complex needs. A range of factors can contribute to homelessness.  These include:

 

·    poverty

·    mental illness

·    substance addiction

·    gambling addiction

·    disability

·    major trauma including domestic violence.

 

Sometimes a homeless person or family may experience a number of the above factors.

 

2006 ABS Census Data for NSW on Homeless Persons

 

The Australian Institute of Health and Welfare recently released the National Report on Homelessness - ‘Counting the Homeless 2006: New South Wales’. This report features 2006 ABS Census data and presents a bleak perspective on homelessness in the Penrith and broader Nepean area. According to the above report, there were 925 homeless people within Penrith and the Blue Mountains Local Government areas on Census Night. Penrith is classified within Outer Western Sydney which is referred to as a ‘Growth Corridor’.

 

Federal Government Response to Homelessness

 

In December 2008, the Federal Government released the White Paper on Homelessness, ‘The Road Home: A National Approach to Reducing Homelessness’. The White Paper is a policy position paper, outlining the framework of the Federal Government’s response to homelessness in Australia.

 

There are two significant goals outlined in the White Paper: ‘to halve homelessness by 2020’ and to provide ‘supported accommodation to all rough sleepers who need it’ and interim targets will measure progress towards these goals.

 

The Federal response to homelessness will be implemented through three strategies:

 

1.   Turning off the Tap: services will intervene early to prevent homelessness

2.   Improving and expanding services: services will be connected and responsive to achieve sustainable housing, improve economic and social participation and end homelessness for their clients

3.   Breaking the Cycle: people who become homeless will move quickly through the crisis system to stable housing with the support they need so that homelessness does not recur.

 

The White Paper will provide an extra $1.2 billion over the next four years including $800 million for new support services and $400 million for new specialist housing to help reduce homelessness. In addition over $6 billion will be provided by the Commonwealth to build 20,000 new public and community housing dwellings and $400 million for urgent repairs to public housing, thereby going some way towards addressing the shortfall in the supply of social housing which can provide a secure form of accommodation once the immediate impact of the factors contributing to homelessness are managed.  These additional funds for public housing are part of the Federal Government’s nation building and economic stimulus package announced in February 2009.

 

State Government Response to Homelessness

 

The NSW Government is responsible for delivering this new housing and implementing the strategies outlined in the White Paper and the Government’s performance will be measured by the Commonwealth against specific targets.

 

The NSW Homelessness Action Plan was released on 2 August and this document outlines the direction the State Government will take to address homelessness over the next five years. This Action Plan is linked to the Federal Government policy framework and presents a broad range of actions that focus on specific target groups that are homeless or vulnerable to homelessness. The key strategic directions in this Plan are preventing homelessness, responding effectively to homelessness and breaking the cycle.

 

A critical factor to the success of the NSW Homelessness Action Plan is the substantial increase in the supply of social housing that is underway through the National Partnership Agreement on Social Housing and the Nation Building and Economic Stimulus Plan.

 

The Local Response

 

Consistent with White Paper directions, local homelessness service providers across the Nepean region have worked in collaboration and developed a progressive new approach to address homelessness.  This collaborative approach across the Nepean region will position the sector to be able to apply for additional funds to reduce homelessness.

 

The proposed approach, referred to as the Supportive Housing Model, will be implemented through a pilot model comprised of several components. This includes a Service Delivery Unit and a Policy and Development Team.

 

The Service Delivery Unit will be organised through a consortium of specialist homelessness service providers, including youth, women’s and family accommodation services.  These consortium services will deliver an integrated, seamless service to people who are homeless or at risk of homelessness. Case management support will be provided according to the needs of the client, and furthermore this Unit will focus on linking people to permanent and secure housing. This model also has the capacity to provide Tenancy Sustainability Early Intervention Support to help keep people in their homes and prevent them from becoming homeless.

 

The consortium of specialist homelessness service providers will be seeking financial contributions from both the State and Federal Governments to fund this pilot model. Additional funding will be sought to create positions to coordinate and deliver services and it is anticipated that funding opportunities will emerge through the implementation of the White Paper.

 

Wentworth Community Housing, based in Penrith, will fulfil the role of Lead Agency and Auspicing Body for the Consortium and will have financial and legal responsibility for the roll out of the proposed model.

 

To further complement this model, Wentworth Community Housing is also set to expand their housing stock through the rollout of the Federal Stimulus Package. This will include new and additional properties as well as further stock transfer of existing properties from Housing NSW.

 

The other component of this model will be the establishment of a Policy and Development Team whose focus will be to facilitate and drive the development of a regional homelessness action plan, develop a connected homelessness service system, and support the realignment of existing local funded homelessness services to facilitate the development of the Supportive Housing Model.

 

The policy and development team will consist of four project workers – three of whom are currently existing government funded positions in local community organisations. It is expected the fourth position will be funded from the additional resources available as a result of the Federal White Paper initiative. The commitment and leadership of these organisations and their key workers has created significant momentum in driving various community development and advocacy actions including the ‘Towards Ending Homelessness in the Nepean Forum’ held in September 2008 in Penrith and the planning for the establishment of the Nepean Regional Taskforce on Homelessness.

 

The Nepean Regional Taskforce on Homelessness

 

The ‘Towards Ending Homelessness in the Nepean’ Forum, held at the Joan Sutherland Performing Arts Centre on 9 September 2008, was instrumental in identifying the framework for a local response to end homelessness. This forum was attended by the Commonwealth Minister for Housing, the Hon Tanya Plibersek MP; Mr David Bradbury MP, Member for Lindsay; and Mr Roger Price MP, Member for Chifley. Council was represented by Councillor Greg Davies, the then Mayor, and the General Manager, Mr Alan Stoneham. Also in attendance were senior officers from Housing NSW, the NSW Department of Community Services, and representatives from WSROC, Western Sydney Community Forum, Accommodation Service peak organisations and the corporate sector.

 

This forum was successful in bringing diverse sectors of the community together to discuss issues regarding homelessness in the Nepean. There was a broad acknowledgement that the various parts of the homelessness service system should further develop their partnership approach to address homelessness and that a strategic, coordinated response is needed to develop local solutions. The dialogue at the forum led to a consensus that a strategic Regional Taskforce to reduce homelessness was required.

 

Following the forum, the framework for the Nepean Regional Taskforce was planned and the aim is to provide a forum for Federal, State and Local Government (Penrith, Blue Mountains, Hawkesbury and Blacktown Councils), the community sector and corporate sector to develop and implement a Regional Action Plan with the goal to solve, rather than manage homelessness. This Regional Action Plan will align with the NSW Homelessness Action Plan summarised on page 3 of this report.

 

On 1 July, 2009, NSW Minister for Housing, the Hon David Borger MP, announced that a Regional Taskforce would be established to address homelessness within the Nepean area. This Taskforce will be chaired by Phil Koperberg, Member for Blue Mountains and will include a number of representatives from Federal, State and Local Government as well as the community and corporate sector.

 

To support the operation of the Taskforce, the Taskforce Working group has decided that a Memorandum of Understanding is required between the various parties. This approach is consistent with the Federal White Paper policy framework. The next section of the report provides further detail on the proposed MOU.

 

The Memorandum of Understanding (MOU)

 

The Regional Taskforce will encompass two sections – a taskforce of Senior Representatives including Council General Managers or their nominees to develop the Regional Action Plan and a Project Working Group comprising appropriate officers to facilitate the implementation of the Action Plan.

 

Council’s engagement is fundamental to the development of the Regional Taskforce and a co-ordinated response to homelessness in the region. Council is well placed to provide advice and support to the development of a progressive and innovative Regional Action Plan.

 

Resource implications are limited as Council will not be leading this Taskforce. Council’s commitment would involve participation through existing resources including some staff time broadly equivalent to the current Community and Cultural Development Department commitment to working with community partners in the homelessness service sector.

 

Council’s proposed involvement in the Taskforce is defined in the MOU as follows ( this statement of intent is from the MOU, pages 3-4).

 

·    To work collaboratively to end homelessness and address affordable housing issues within the Local Government Areas of the Blue Mountains, Penrith, Hawkesbury, and Blacktown through the development of a regional action plan with clear targets and outcomes.

 

·    To work collaboratively to develop an effective and connected homelessness service system where outcomes are  grounded within the context of the local community, all three  levels of Government, business and local traders, service providers and homeless people.

 

·    To communicate openly and share data and information (subject to statutory provisions applying to restricted access to confidential information).

 

·    To agree in principle to allocate resources for participation in the Nepean Task Force on Homelessness . This includes a core membership of senior officers from:

 

-      the four Councils; the State and Commonwealth government agencies who are signatories to this agreement; the peak bodies who are signatories to this agreement; the Nepean Campaign Against Homelessness; Western Sydney Community Forum and the Penrith Chamber of Commerce and to meet not less than 2 times a year.

 

-      Project teams will be formed once projects are conceptualised and approved by the Task Force.

 

The Task Force is committed to holding its first meeting before the end of 2009. A copy of the Memorandum of Understanding for the Strategic Partnership Agreement between Councils and other signatories is provided as Appendix 1 to this report.

 

Conclusion

 

Responsibility for the funding of homelessness services lies with the Federal and State Governments.  As Councillors are aware, the corporate sector also provides funds through a range of foundations and targeted fundraising events.

 

In summary, this report is to inform Council of the current Federal and State Government policy initiatives to address homelessness, which have provided opportunities for homelessness service providers to plan and establish a structured regional and local response to homelessness.

 

Local homelessness service providers have worked together to develop a pilot model that builds on existing networks, strengths and expertise to address homelessness. This pilot model includes an integrated service delivery component and a policy development team, which will drive and support the work of the Nepean Regional Taskforce on Homelessness.

 

The Nepean Regional Taskforce on Homelessness will provide a forum for Federal, State and Local Government (Penrith, Blue Mountains, Hawkesbury and Blacktown Councils), the community sector and corporate sector to develop and implement a Regional Action Plan with the goal to solve, rather than manage homelessness.

 

To confirm and progress Council’s involvement in the Regional Taskforce, a MOU has been developed by the working group supporting the formation of the Regional Taskforce. It is recommended that Council participates in the Nepean Regional Taskforce and becomes a signatory to the Memorandum of Understanding for the Nepean Task Force on Homelessness.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on The Nepean Regional Taskforce on Homelessness be received.

 

2.     Council sign the Memorandum of Understanding for the Nepean Regional Taskforce on Homelessness.

 

ATTACHMENTS/APPENDICES

1. View

Memorandum of Understanding

8 Pages

Appendix

  


Ordinary Meeting

7 September 2009

Appendix 1 - Memorandum of Understanding

 

 

 

 

Memorandum of Understanding

for the Strategic Partnership Agreement between

Councils and the undersigned signatories from the Nepean region

for the establishment of a

Nepean Task Force on Homelessness

 

 

1.         Parties to this Agreement

 

Commonwealth Government agencies: Centrelink, FAHCSIA

NSW State Government agencies: Housing NSW, Department of Community Services, Department of Correctives Services, Department of Health

Local Government: Blue Mountains City Council, Penrith City Council, Hawkesbury Council, Blacktown City Council

Community sector: Wentworth Community Housing; Blue CHP Inc; the Nepean Campaign Against Homelessness comprising regional homelessness services; Western Sydney Community Forum comprising regional community services

Peak bodies: Homelessness NSW, Youth Accommodation Association NSW, Women’s Refuge Resource Working Party

Business sector: The Penrith Chamber of Commerce, the Good Guys Penrith

 

 

2.         Background

 

In December 2008 the Commonwealth Government published its White Paper on Homelessness: The Road Home which set out a strategic framework and specific targets towards ending homelessness in Australia. The White Paper provides an extra $1.2 billion over the next four years ($800 million for new support services and $400 million for new specialist housing to help reduce homelessness). In addition over $6 billion will be provided by the Commonwealth to build 20,000 new public and community housing dwellings and $400 million for urgent repairs to public housing, thereby going some way towards addressing the shortfall in the supply of social and affordable housing which is inextricably linked to homelessness.

 

The NSW government is responsible for delivering this new housing and implementing the strategies outlined in the White Paper and their performance will be measured by the Commonwealth against specific targets. The White Paper provides a template for the development of a national response to ending homelessness and commits to strategies that are responsive to local economic and social conditions across regions. Regional action plans on homelessness are identified as being key to facilitating an integrated service response to homelessness through the collaboration of all homelessness sector stakeholders.

 

The White Paper identifies that a ‘whole-of-government’ approach is required in the planning and implementation of effective strategies to solve homelessness, and this Agreement acknowledges the essential role that local government plays in facilitating and supporting strong and connected communities.

 

One of the underpinning principles of the White Paper is that Homelessness is everyone’s responsibility, and further, that to end homelessness, it will require sustained long-term effort from all levels of government, business, the community sector and the community.

 

This Agreement  aims to bring together all of the above stakeholders to take responsibility for solving homelessness in the Nepean region through the establishment of a Nepean Task Force on Homelessness whose primary purpose is to develop and implement a regional action plan.

 

The Nepean can learn from the example of other regions and Councils within Australia who have shown leadership and are at the forefront of developing and implementing progressive strategies to address and solve homelessness. We can build on principles that already exist to guide the development of best practice strategic responses to addressing homelessness in the Australian context, such as those developed by Roseanne Haggarty and AHURI (Australian Housing and Urban Research Institute).

 

One of the primary strengths of our region of Western Sydney is the strong community networks that exist. The participation of these networks is imperative to the development of a regional action plan on homelessness that can be vigorously implemented, rather than left ‘on the shelf’. Leadership from the key NSW State Government stakeholders with responsibility for facilitating the White Paper’s directions, ie Housing NSW and the Department of Community Services, and resourcing the task force will be crucial, as will be the support of the homelessness and community housing peak bodies.

 

Local businesses within the region have a long history of supporting community projects as well as those who are most excluded in our society, and such support can be built on through the business sector’s commitment to the development of a regional action plan and their partnership in the implementation of its strategies.

 

 

3.         Current activities or initiatives aiming that address homelessness and affordable housing issues in the region:

 

Government agencies 

The Commonwealth and State governments (DoCS) have funded the Supported Accommodation Assistance Program (SAAP) in the Nepean resulting in a range of crisis and transitional housing programs delivered by over 30 local services. The DoCS Metro West SAAP V Implementation Plan outlines the current SAAP funded service system including funding levels.

 

Housing NSW has been the major provider of public housing programs in the region and established the Housing & Human Services Accord agreement as a basis for the development of partnerships to support target groups at risk of homelessness.

 

The Joint Guarantee of Service (JGOS) initiative brings together NSW Human Services and Housing government agencies as signatories to a state wide program. The JGOS Committee for the Nepean comprises representatives from these government departments and community organisations and aims to give people with mental health issues access to public housing.

 

Local Government 

Councils in the outer Western Sydney Region have a history of involvement in addressing homelessness through a range of mechanisms including the promotion of affordable housing; support for homelessness services and networks; and the development of Council plans and policies. Their activities include:

 

·     Blacktown City Council’s Affordable Housing and Homelessness Taskforce and draft Affordable Housing and Homelessness Strategic Plan 2009

·     Penrith City Council’s MOU Strategic Partnership Agreement with the Department of Housing and the 2006 Research Report ‘No Place to Call Home’ on Indigenous Homelessness in the Penrith Local Government Area

·     Blue Mountains City Council’s Affordable Housing Forum

·     Hawkesbury Council’s Affordable Housing Sub-Committee

 

The regional network of Councils in Western Sydney, WSROC, has established an Affordable Housing Committee and is developing an Affordable Housing policy.

 

Community Sector

Western Sydney Community Forum represents the community sector in Western Sydney and has facilitated projects and forums on the issues of Affordable Housing and Homelessness, as have interagency networks within Local Government Areas such as the Mountains Community Resource Network Inc.

 

The regional homelessness networks, Youth Accommodation Interagency Nepean (YAIN) and the Nepean Adult Homelessness network, together with Wentworth Community Housing, comprise the Nepean Campaign Against Homelessness, whose aim is to facilitate the end of homelessness in the Nepean region. The Nepean Campaign Against Homelessness was established during the last Federal election campaign.

 

Wentworth Community Housing Inc and Blue CHP Inc are the region’s major community housing provider and affordable housing company respectively.

 

Business Sector

The Good Guys at Penrith are in the process of supporting the establishment of long-term housing for young people in the region who are experiencing homelessness.

 

 

4.         Purpose of this Agreement

 

This Agreement formalises existing collaborative mechanisms between the key homelessness stakeholders in the region to establish a Nepean Task Force on Homelessness as a basis for solving homelessness through the development and implementation of a regional action plan.

 

This document outlines the principles and priorities that together form the basis of a strategic Partnership Agreement.

 

5.         Statement of Intent

 

Through this Agreement all signatories will:

 

§ work collaboratively to end homelessness and address affordable housing issues within the Local Government Areas of the Blue Mountains, Penrith, Hawkesbury, and Blacktown through the development of a regional action plan with clear targets and outcomes.

 

§ work collaboratively to develop an effective and connected homelessness service system

where outcomes are  grounded within the context of the local community, all three  levels of Government, business and local traders, service providers and homeless people.

 

§ communicate openly and share data and information.(subject to statutory provisions applying to restricted access to confidential information).

 

§ agree in principle to allocate resources participation in the Nepean Task Force on Homelessness . This includes a core membership of senior officers from:

 

§ the four Councils; the State and Commonwealth government agencies who are signatories to this agreement; the peak bodies who are signatories to this agreement; the Nepean Campaign Against Homelessness; Western Sydney Community Forum and the Penrith Chamber of Commerce and to meet not less than 2 times a year.

 

§ Project teams will be formed once projects are conceptualised and approved by the Task Force.

 

§ commit to convening the first meeting of the Task Force by the end of 2009 and to facilitate the development of  a regional action plan to end homelessness by the end of 2010.

 

The Nepean Campaign Against Homelessness will provide secretariat support for the Taskforce to ensure it works effectively

 

6.         Principles for planning to reduce and end homelessness:

 

This Agreement acknowledges the Australian Government’s guiding principles for the implementation of its national strategic plan to end homelessness as outlined in its White Paper. These are:

1.   A national commitment, strong leadership and cooperation from all levels of government and from non-government and business sectors is needed.

2.   Preventing homelessness is important.

3.   Social inclusion drives our efforts.

4.   Clients need to be placed at the centre of service delivery and design.

5.   The safety and wellbeing of all clients is essential.

6.   The rights and responsibilities of individuals and families need to be protected.

7.   Joined-up service delivery needs joined-up policy.

8.   Transition points are a priority.

9.   Evidence-based policy helps to shape our priorities for action.

10. Targets are set to reduce homelessness and hold ourselves accountable

 

In the development of a regional plan to end homelessness, the importance of the following principles to guide the development of best practice strategic responses is acknowledged:

i.    Redefine the problem: solve, don’t manage homelessness.

ii.    Research and develop data: insist on and be guided by evidence of results

iii.   Recruit jurisdictional leadership: gain support, commitment and action from the top down and engage those with the ability to determine and implement policy

iv.   Replicate innovation: pursue unconventional thinking, learn from the leaders, deploy proven strategies

v.   Realign resources: shift focus and funds from ad hoc responses to long-term problem solving

vi.   Report results: rally support based on quantifiable success

vii.  Reinvest in the community: out the costs saved by this approach to work in other areas of need

 (Haggerty, 2005, Ending Homelessness in South Australia)

 

In addition, the parties to this Agreement see it as imperative to listen to the views and advice of people experiencing homelessness during the development of the regional action plan and that participation and inclusion are ensured.

 

 

7.         Media & Communication

 

The parties to this Agreement agree to work cooperatively to:

 

§ Develop a media strategy to reflect positive cooperation between the parties.

 

§ Ensure positive news stories and positive outcomes are given high media profile.

 

§ Work cooperatively in the exchange of information, which may include annual reports, organisational manuals, publications and media releases. Each party will include the other on mailing lists for relevant information, newsletters etc.

 

8.         Status of this Document

 

This document is a statement of intent only and not intended to operate as a binding document on the parties or to create legal relationships between them.

 

 

9.         Structure of the partnership

 

This Agreement involves two complementary structures: - a Task Force and Project Working Group(s).

 

The Task Force will comprise representatives of the key organisations, as follows:

 

Penrith, Blue Mountains, Blacktown and Hawkesbury City Councils:

General Managers or their nominees

 

FAHCSIA

Manager - Manager Housing and Homelessness Section

NSW/ACT State Office

 

Housing NSW

          Director – Homelessness Unit

 

          NSW Department of Community Services

          Director – Policy Development & Service Planning

 

          NSW Department of Health

          Director - General

         

          NSW Department of Corrective Services

          Director – General

 

          Western Sydney Community Forum

          Chief Executive Officer

 

          Blue CHP Affordable Housing

          Executive Officer

 

          Wentworth Community Housing

          Executive Officer

 

          Nepean Campaign Against Homelessness

          Representative of homelessness networks

 

          Peak body representative/s

Executive Officer/s of Homelessness NSW, YAA, Women’s Refuge Resource Working Party

 

Regional Chamber of Commerce

Chairperson

         

Secretariat support will be provided by the Nepean Task Force Against Homelessness funded homelessness worker/s. The Task Force will meet at least twice a year and its role will be:

 

§ To provide direction on policy for strategic issues

§ To identify priority projects for collaboration

§ To support the development of a regional action plan for homelessness and address constraints to achieving that outcome

§ To monitor progress on agreed outcomes

 

Project Working Groups will comprise appropriate officers of the signatory organisations to this Agreement and meet as required to facilitate the development of the regional action plan on homelessness. Additional Project Working Groups may be established, if required, to focus on specific projects or issues that may be identified.

 

The role of the Project Working Group/s will be:

 

§ To develop mechanisms to improve collaboration and cooperation between key homelessness sector stakeholders

 

§ To coordinate consultation between the partners and, where appropriate, other stakeholders

 

§ To develop and implement the desired outcomes and priorities identified by the Task Force in relation to the development of a regional action plan on homelessness.

 

This Agreement recognises the potential for both the Task Force and Project Working Groups to invite key stakeholders including other government departments and community agencies to participate in its activities. 

 

Each Task Force member’s organisation will nominate a primary liaison contact for the arrangement of Task Force meetings.

 

 

 

 

 

 

SIGNATORIES

 

The signatories below agree to implement the Agreement and adhere to its:

 

Signed for and on behalf of the Housing NSW

 

…………………………………………………….                   ……………………

Director General                                                             Date

 

Signed for and on behalf of the Department of Community Services

 

…………………………………………………….                   ……………………

Director General                                                             Date

 

 

Signed for and on behalf of Penrith City Council

 

 

……….……………………………………………                   ……………………

Mayor                                                                                     Date

 

 

……….……………………………………………                   ……………………

General Manager                                                            Date

 

 

Signed for and on behalf of Blue Mountains City Council

 

 

……….……………………………………………                   ……………………

Mayor                                                                                     Date

 

 

……….……………………………………………                   ……………………

General Manager

 

 

 

Signed for and on behalf of Hawkesbury City Council

 

 

……….……………………………………………                   ……………………

Mayor                                                                                     Date

 

 

……….……………………………………………                   ……………………

General Manager

 

 

 

 

 

 

 

 

 

Signed for and on behalf of Blacktown City Council

 

 

……….……………………………………………                   ……………………

Mayor                                                                                     Date

 

 

……….……………………………………………                   ……………………

General Manager

 

 

 

  


 

 

 

 

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A Green City

 

Item                                                                                                                                       Page

 

12      Development Application DA09/0711 Defqon One off music event on 19 September 2009 Lot 21 DP 1092147 Sydney International Regatta Centre (No. 153 - 233) Old Castlereagh Road, Castlereagh. Applicant: Q Dance Australia;  Owner: Department of Planning DA09/0711

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

 

13      Development Application DA09/0114 for the construction of 38 residential apartments and 2 adaptive commercial suites over 5 levels and basement at Lot 1 DP 998451 & Lot 2 DP 1129843 (No. 51 - 53) King Street and (No. 43) Gidley Street, St Marys. Applicant: Schrumpf Developments;  Owner: Schrumpf Developments DA09/0114

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

 

14      Development Application DA09/0178 - Proposed staged development for the construction of two (2) four-storey apartment buildings containing forty-six (46) units with sixty (60) parking spaces in a basement and associated landscaping Lot 88 Sec F DP 1573 and Lot 2 DP 524925 (No. 34 - 38) Albert Street, Werrington. Applicant: EPS Constructions Pty Ltd;  Owner: Semcorp (Aust) Pty Ltd, Elie Kaltoum, Mass Holdings Pty Ltd and Naames Pty Ltd DA09/0178

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

 

15      Development Application DA08/1340 - Erection of Stage 2 of an approved concept masterplan comprising of 78 Independent Living Units, a community facility and studio workshop - Lot 1 DP 1130750, (Nos.50-52) Manning Street, Kingswood . Applicant: Anglican Retirement Village;  Owner: Anglican Retirement Village DA08/1340

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

 

16      Development Application DA07/1281.03 - Section 96 Modification to the approved "Seniors Living" Retirement Village - Lot 1 DP 1130750, (Nos.50-52) Manning Street, Kingswood . Applicant: Anglican Retirement Village;  Owner: Anglican Retirement Village DA07/1281.03

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

 

17      Fire Safety Assessments and the NSW Fire Brigade

 

 

18      Fire Safety Assessments of 84-90 Old Bathurst Road, Emu Heights; 8 Robertson Place, Jamisontown; 1-5 Regentville Road, Jamisontown; 6 Bromley Road, Emu Heights and 15-23 Quarry Road, Erskine Park. Owner: SP 81530; Palmic Enterprises P/L; SP 78559; Rennie Holdings P/L; Trust Company of Australia Ltd

 

 



Ordinary Meeting

7 September 2009

A Green City

 

 

 

12

Development Application DA09/0711 Defqon One off music event on 19 September 2009 Lot 21 DP 1092147 Sydney International Regatta Centre (No. 153 - 233) Old Castlereagh Road, Castlereagh  Applicant:  Q Dance Australia;  Owner:  Department of Planning    

DA09/0711

Compiled by:                Ashlee Cutter, Trainee 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 from Q Dance Australia Pty Ltd, which seeks approval for a one off music festival to be held at the Sydney International Regatta Centre (SIRC) on 19 September 2009.

 

The proposal includes the use of SIRC to host a ticketed one day music festival on the 19 September 2009 from 11am to 10pm, with a maximum of 15,000 attendees.

 

Sydney Regional Environmental Plan 11 – Penrith Lakes applies to the land. The proposed development can be defined as a recreation which is permissible under SREP 11 and is therefore permissible within IDO 93 with the consent of Council.

 

The Local Ambulance command, the State Emergency Service, the Fire Brigade and the Local Police were also notified of the proposal and provided no objection to the application.

 

In response the advertisement, widespread notification and public exhibition of the application, two submissions were received, one raising concerns regarding security and the nearby Waterside housing estate, the other in support. The Security Management Plan provided by the applicant has been reviewed by Council’s Community Safety officer and the Local Police and considered satisfactory in response to security concerns.

 

It is acknowledged that there are potential impacts generated by the event, particularly noise and traffic affecting nearby and adjoining owners. However, given the positive economic benefits the event would provide to the Penrith area and the “one off” nature of the event, the impacts are considered acceptable in this instance.

 

The proposed event is therefore recommended for approval which will provide a gauge as to the impact of such events and inform any future application which would be required for a continuation of an annual basis.

Background

 

Q-Dance Australia Pty Ltd is an Australian company which presents similar events in Austria, Russia, Switzerland, Chile and Brazil and the proposed DefQon music festival is modelled on the original “DefQon” event held in the Netherlands last year. 

 

The venue and the organisers were intending to rely on a previous development approval issued by the Department of Planning in 2004 which provides a standing approval for concerts attracting up to 10,000 people at the SIRC.  On the basis of that, the organisers have moved forward to actively promote the event and commence ticket sales.   

 

The organisers state that the economics of the event rely on the number of persons being increased to 15,000.  The Department of Planning consent does provide an exemption to allow more than 10,000 attendees for a “community oriented event carried out in association with Penrith City Council”. This exemption is, however, primarily intended to allow for our Australia Day event and the organisers have been advised that their event does not conform with the requirements of this exemption, hence a separate development approval is required.  Since 2004 Council has become the consent authority for recreational uses for the SIRC.

 

Site and Surrounds

 

The subject site is situated within The Sydney International Regatta Centre, which is bounded by Old Castlereagh Road to the west and south, Castlereagh Road and Cranebrook Road to the east and quarries, quarry haul road and the main lake to the north.

 

The site for the stages and crowd areas is on the island, which is situated between the warm up an regatta lakes on which is located the Finish Tower, Pavilion, boatsheds, scoreboard, grandstand, administration building and sealed P1 carpark, start tower and timing huts, presentation pontoon, spectator seating and a informal recreation areas.

 

(See Locality and Site plan, Attachment 1. A3 Copies will be provided to Councillors under separate cover).

 

The areas to the south of the regatta lake will be used for parking and bus zones as with other large events.

 

Proposed Development

 

The proposed development comprises the following:

 

a)   Use of the land for purposes of conducting the music festival and associated events known as DefQon.1 over a 16 day period, from 7 September 2009 to 23 September 2009, including an 11 day lead in period, 1 day event, and 4 day lead out period as follows:

·    7th September - Bump in;

·    10th September – construction of temporary structures to commence;

·    18th September – Welcome to Sculpture Island, a community walk through and laser light show commencing at 6pm and concluding at 8pm;

·    19th September – DefQon.1 commences at 11am and concludes at 10pm;

·    23rd September – Site completely cleared.

 

b)   The proposed event is to take place on the area known as the island, within the Sydney International Regatta Centre. Access to the event is primarily off Old Castlereagh Road. The festival will be limited to the main body of the island, and access to the “finger” which leads to gate E will be restricted to police and security, emergency vehicles, helicopter landings and VIP performers ingress and egress;

 

c)   Short helicopter flights are being offered at a cost to patrons for a 15 minute flight, that will be approximately a 17km round trip. The flights will be undertaken for 3 hours during the day, amounting to 12 flights in total. Documentation provided on the 21 August 2009 by HeliAust stated the following:

 

HeliAust will be conducting joy flights for the DefQon1 music festival. The flights will not be within the Richmond control zone or hovering over residential areas. Flights will be conducted primarily along the river to the south and all approaches and departures will be in accordance with the CASA Regs and away from the crowd.

 

d)   Parking is to utilize the existing car parking available at the SIRC and all cars are to enter through Gate C, only if delays occur is gate B to be utilized. Car parking is available in P3 through to P6, and P7 via Gate D should these reach capacity;

 

A shuttle bus provided by the event organised between Penrith Station and Gate A of SIRC will provide a service to meet the special event rail services organised by Railcorp. It is expected up to 3 trips an hour are to take place by shuttle bus between the event and Penrith Station and 3 temporary bus zones will be in operation for the duration of the event located in:

·    The northern commuter car park at Penrith Station;

·    Between Gates A and B of the internal road within SIRC;

·    100m south west of the bridge to P1 in SIRC.

 

e)   A Traffic Management Plan prepared by Julian Sanderson and Andrew Sturday has been provided for the event and this has been endorsed by the RTA and the Police. A report put to Council by Councils Local Traffic Committee on the 6 July 2009 resolved that concurrence was not required from the RTA;

 

f)    A Road Occupancy permit has been obtained from the RTA to facilitate the movement of shuttle buses exiting from SIRC and the movement of private vehicles exiting from McCarthys Lane from 8:30pm – 11:30pm on the day of the event;

 

g)   The infrastructure required as part of the event includes 5 major temporary structures,  4 stages and 1 large tent (fete stalls and small marquees not included):

·    Stage 1 – Red Stage (main)

·    Stage 2 – Black Stage (White Tent)

·    Stage 3 – Purple

·    Stage 4 – Orange (Dome)

·    Stage 5 – Grey (Trojan Horse)

h)   30 minute pyrotechnic display from 9:30pm on the 19th September 2009;

 

i)    A Security Plan is to be implemented to ensure public safety in regards to alcohol abuse, crowd control and water risks. 

 

j)    Accessibility is provided to all existing buildings and proposed temporary structures;

 

k)   Waste collection vehicles will service the event, including toilet facilities, during the event duration;

 

l)    Directional, safety and way finding signage will be provided;

 

m)  It is expected that a large number of people will be accommodated in various hotels/motels/residences around the City.

 

n)   Confirmation  has been provided from the Local Police, Local Ambulance Command, the SES, Sydney West Area Health Service and the Fire Brigade of their awareness of the event, support for the provided Emergency Response Plan, Medical Plan and any other supporting documentation and any General Terms of Approval should they be applicable.

 

Planning Assessment

 

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, with due regard to relevant legislation and planning instruments cited as follows: -

 

·    Sydney Regional Environmental Plan 11 – Penrith Lakes;

·    Sydney Regional Environmental Plan 20 – Hawkesbury/Nepean River;

·    State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007;

·    Penrith Development Control Plan 2006.

 

Having regard to the above legislation, planning instruments and policy, the following key issues have been identified for discussion: -

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

Sydney Regional Environmental Plan 11 – Penrith Lakes (SREP 11)

 

The aims of this plan are to:

 

“(a) Provide a development control process establishing environmental and technical      matters which must be taken into account in implementing the Penrith Lakes Scheme in order to protect the environment,

(b)  To identify and protect items of the environmental heritage,

(c)  To identify land which may be rezoned for urban purposes, and

(d)  To permit interim development in order to prevent the sterilization of land to which       this plan applies during implementation of the Penrith Lakes Scheme.”

 

The proposal is consistent with the aims and objectives of SREP 11.

Clause 11   Development for the purposes of recreation as follows:

 

“(1)  Development for the purposes of recreation (whether that development is commercial or not) may, with development consent, be carried out on land to which this plan applies.

 (2)   The consent authority shall, in determining an application to carry out development for the purposes of recreation, take into consideration the implementation of the Penrith Lakes Scheme and the structure plan.”

 

The intent of the Penrith Lakes Scheme is to provide for a variety of recreational types and the proposed music event is consistent with this plan and the intent of Clause 11.

 

State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

 

The relevant aims of this Policy are:

 

“(a)   To ensure that suitable provision is made for ensuring the safety of persons using temporary structures or places of public entertainment,

  (b)   To encourage the protection of the environment at the location, and in the vicinity, of places of public entertainment or temporary structures by (among other things) managing noise, parking and traffic impacts and ensuring heritage protection,

  (c)   To promote the creation of jobs in the public entertainment industry

  (d)   To increase access for members of the public to public entertainment.”

 

The temporary event can satisfy the aims of the Policy.

Clause 12of the SEPP states that:

Before granting consent to the erection of a temporary structure, the consent authority must consider the following matters:

 

a)   whether the number of persons who may use the structure at any one time should be limited.

 

Comment: - The maximum number of patrons permitted within any part of the buildings to be used as a place of public entertainment is to be clearly displayed in a prominent position on each building used.  This is recommended as a condition of consent.

 

b)   any adverse impact on persons in the vicinity of any  noise likely to be caused by the erection or use of the structure and any proposed measures for limiting the impact.

 

Comment: - The nearest residential area is not within 1km of the event and substantial notification to nearby residents resulted in only one submission raising concerns being received.  Conditions of consent have been imposed to require that the noise activities be managed and controlled to ensure inappropriate noise levels do not occur within an unreasonable period. The noise amplified through the music systems as part of the event is proposed only between 11am and 10pm Saturday 19 September 2009. 

 

 

 

 

c)   whether the hours during which the structure is used should be limited.

 

Comment: - The proposed hours of operation are acceptable (as detailed in the SEE) provided noise limits are monitored and maintained.

 

d)   any parking or traffic impacts likely to be caused by the erection of the structure or its proposed use.

 

Comment: - Council’s Senior Traffic Engineer indicates that the additional anticipated traffic generated by the proposal will be significant and is likely to have an adverse impact on the operational performance of the surrounding road network and intersections. 

 

The proposal was reported to Council’s traffic committee on the 9 July 2009 and found satisfactory given the significance of the event to Penrith City and as it is of a temporary nature, the adverse impacts can be accepted. The Traffic Management Plan proposes directional signage to advise users to avoid the area or expect delays

 

e)   the principles for minimising crime risk set out in Part B of the Crime Prevention Guidelines.

 

Comment: - The principles of Crime Prevention are in relation to surveillance, access control, territorial reinforcement and space management.  These issues will be managed through security controls of the members at all hours and access to the event will be monitored at all vehicular and pedestrian entries.  Conditions of consent will be imposed to ensure crime risk can be minimised.

 

f)    whether the proposed location of the structure is satisfactory in the distance of the structure from public roads and property boundaries and in vehicular and pedestrian access.

 

Comment: - The subject property for the event is large and can cater for the various activities proposed.  The distances to public roads is appropriate.  The closest distance to residential properties is over 1km.

 

Adequate vehicular access to the site is provided and lengthy pedestrian trips will be minimised by the shuttle buses provided.

 

g)   whether it is necessary to provide toilets and washbasins in association with the use of the structure.

 

Comment: - In addition to the existing amenities provided in the SIRC premises, temporary amenities will be available to the patrons of the event and serviced regularly.

 

h)   whether the structure is proposed to be erected on land that comprises, or on which there is

(a)     an item of environmental heritage that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977 or

(ii)     place, building, work tree, relic or Aboriginal object that is described; as an item of environmental heritage or as a heritage item in another environmental planning instrument, or

(iii)    land identified as a heritage conservation area, an archaeological site or place of Aboriginal heritage significance in another environmental planning instrument,

Items of heritage significance with the Penrith Lakes are not located in SIRC.

 

i)    the duration for which the structure should be permitted to remain on the land concerned.

 

Comment: - Use of the land for purposes of conducting the music festival and associated events known as DefQon.1 is over a 16 day period, from 7 September 2009 to 23 September 2009, including an 11 day lead in period, 1 day event, and 4 day lead out period.  The event is officially open on the 18th September for a community walk through and laser light show commencing at 6pm and concluding at 8pm before the music event held on the 19th September 2009. The temporary structures will be removed at the conclusion of the event.

 

j)    whether any conditions should be imposed on the granting of consent in relation to the dismantling or removal of the structure in view of any safety issues.

 

Comment: - Councils Building Surveyor has reviewed the application and provided recommended conditions of consent in regards to the temporary structures.

 

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

 

SREP No. 20 applies to the subject land and stipulates that the consent authority shall not grant consent to an application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aims of SREP 20.  The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality.  

 

The proposal will have minimal impacts and is considered to not compromise the water or scenic qualities of the river environment. Proposed erosion and sediment control measures are to be employed during construction and waste services provided during operation and after the event.

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

 

Penrith Development Control Plan 2006

 

The proposed development has been assessed in accordance with the requirements of the DCP and a summary of the key issues are demonstrated below: -

Part 2.2 Crime Prevention through Environmental Design

Regard has been given to the principles of this section of the DCP.  The principles of Crime Prevention are in relation to surveillance, access control, territorial reinforcement, space management.  These issues will be managed through security controls of the members at all hours and access to the event will be monitored at all vehicular and pedestrian entries as outlined in the Security Management Plan, Alcohol Management Plan and Emergency Response Plan.  Councils Community Safety Officer has reviewed that application and the proposal is found to be satisfactory subject to the imposition of recommended conditions.

Part 2.9 Waste Planning

 

Toilets

There are a total of 64 toilets permanently located on-site of which will be limited to use by staff and performers, but there are 4 accessible toilets which will be available to patrons who require them.

 

The ratio of toilets on-site will be 1:80 and rates have been based for 12,000 persons. If ticket sales exceed 12,000, more toilets will be arranged. A total of 74 Non Flushing waterless toilets, with hand sanitizing gel and 14 urinals will be provided in association with 3 standby attendants clean and replenish paper and a total of 2 pump trucks, pumping out of the toilets as needed during the day. Conditions of consent are recommended to ensure that temporary toilets are provided in accordance with the Building Code of Australia and that temporary toilets be located at Penrith Station.

 

Litter

DefQon1 is expected to generate considerable solid waste from the serving of food to up to 15,000 people over an 11 hour period, as well as beverages. Drink containers are predicted to comprise roughly 85% aluminium cans and 15% plastic bottles. The event is to ultise the existing arrangements at SIRC for waste collection and additionally provide 3 x 15m3 waste bins around the island and bins within the car park areas. 

 

A total of 18 cleaners will be working during, and after the event to ensure that litter is managed appropriately and maintain enjoyment, hygiene and safety.

 

Construction and Demolition Waste

The staging of DefQon1 will involve construction of numerous temporary structures and create construction waste. Efforts have been made to prevent certain materials from being landfilled and it is anticipated that construction waste will include materials such as:

 

·    Untreated timber;

·    Scrap metal;

·    Mixed non-putrescible materials such as cardboard and other packaging.

 

A skip bin service will be provided to enable source separation of materials into categories by the production crew for reuse and recycling.

.

There will be no asbestos or other hazardous building materials used at DefQon1

Part 2.10 Flood Liable Land

The site is subject to flood related development controls. Council’s Development Engineer has advised that the application did not warrant a formal referral given all buildings and access arrangements are existing and flood related development controls would have been considered under their relevant applications. Additionally to this, given the temporary nature of the event and the emergency response plans in place that the proposal is considered satisfactory in relation to flood related development controls.

Part 2.11 Car Parking

Off street parking facilities are provided for patrons within the designated parking areas of SIRC which can accommodate up to 1,500 cars. Public transport to and from the site has been maximised and it is considered that there is sufficient parking available at the SIRC to cater for those patrons driving to the event, in a temporary capacity, for this purpose. 

 

Public transport has been promoted throughout ticket sales with increased trains to be running and a shuttle bus to transport patrons to the event as outlined within the Traffic Management Plan prepared by Julian Sanderson and Andrew Sturday.

 

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

 

The Sydney International Regatta Centre has occupied the site prior to 2000 and hosts a number of local, state, national and international events each year. The proposal represents an existing opportunity to expand this range of events will not adversely impact the current use of the site or adjoining sites and land uses.

Built, Natural and Economic Environment

Traffic Impacts

Documentation regarding the event was reported Councils Local Traffic Committee Meeting on the 6 July 2009 prior to the subject development application being receipted at Council. The following recommendations were resolved and have been fulfilled as part of the current development application:

 

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

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

3.     The organisers obtain separate Police approval.

4.     The organisers follow Police directions.

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

Noise Impacts

It is acknowledged that there is likely to be adverse impacts from noise however, it is considered to be acceptable given the temporary nature of the activity.

 

The joy flights to be conducted from the site via helicopter are considered satisfactory from a noise perspective given that there are increased background noise levels arising from the festival itself and the short time frame (recommended to be conditioned) during the daytime that they will be undertaken.

 

Based on the information in the acoustic report provided, the impact on nearby residents will vary depending on the suburb and Council’s Environmental Health Officer provided the following comments:

 

Based on the information provided and the assumption that the background noise at the more sensitive receivers will be approx 35 dB(a) in the evening, the overall noise impacted will be approx 8-12 decibels higher than the background noise levels. In addition the lower frequency C – weighted noise impacts will be considerably higher.

 

Whilst noise from the event is likely to produce a negative impact on some residents, these increased noise levels are to take place for less than 12 hours on one day and cease by 10pm. Furthermore, despite widespread advertising and notification of the event, Council received no submissions raising concerns in relation to noise. The impact is therefore acceptable and conditions of consent are recommended to monitor noise levels as part of the event. 

 

The applicant is requesting the subject development application cover the event to be held annually for 5 years. However, given the lack of background data collected as part of this proposal it is recommended that this application be for 1 single event to be held on the 19 September 2009, which can be effectively monitored and that future events be subject to a development application at a later stage.

 

Economic and Social Impacts

Opportunities for employment leading up to and during the event, are seen to be increasingly positive. The event will stimulate local transport services and businesses, maximise utilisation of the SIRC and create awareness of the site as a premier cultural, and sporting venue. A large number of event staff and patrons are expected to stay in accommodation for several nights.

 

An Alcohol Management Plan, Medical Plan and Emergency Reponses Plan was referred to Councils Community safety officer and found to be satisfactory in regards to the health an safety of the patrons, staff and crew of the event A Security Plan is to be implemented to ensure public safety in regards to alcohol abuse, crowd control and water risks. 

 

Patrons to the event are to access the site via the entrance to SIRC off Old Castlereagh Road, and shuttle buses and taxis will be transporting patrons not using private vehicles. The surrounding area, including bus and taxi drop off areas will be patrolled by additional police and this will help minimize potential disruption to nearby and adjoining property owners.

 

This documentation has also been reviewed by the Local Police, SES, Fire Brigade and the Local Ambulance Command to be satisfactory. Penrith Licensing Police have applied to the NSW Office of Liquor, Gaming and Racing for conditions endorsing 20 Responsible Service of Alcohol Marshalls and 140 Security Personnel, be located on the Island during the event.

 

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

 

The proposal will not have significant impact on other lands in the Penrith Lakes Scheme known to contain any identified items of Aboriginal or European heritage.  The site is not bushfire prone and all infrastructure services are available.

 

The site is easily accessible to traffic and pedestrians via shuttle bus and the existing road network can cater for traffic generated by the development.  Local and Regional Public transport is available to the site.

 

5.   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: -

 

   Building Surveyor

              No objection raised, subject to conditions

 

    Development Engineering

Council’s Development engineer was advised of the application and acknowledged that a formal referral was not required given the event is to utilise temporary structures and existing car parking is provided on the site.

 

    Senior Traffic Engineer

No objection raised, subject to conditions

 

    Senior Environmental Officer

No objection raised, subject to conditions

 

   Environmental Health Coordinator

No objection raised, subject to conditions

 

    Community Safety Coordinator

No objection raised, 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 placed on public exhibition and notified to nearby and adjoining residents between 12 August 2009 and 26 August 2009.

 

Council received 2 submissions  in response to the proposal, one (1) of which was  a letter of support from the Penrith Lakes Development Corporation.

 

Additionally, concern regarding security and the nearby Waterside housing estate was raised. The Security Management Plan provided by the applicant has been reviewed by Council’s Community Safety Officer and the Local Police to be satisfactory and conditions will be imposed under the NSW Office of Liquor, Gaming and Racing.

 

Further to this, patrons to the event will access the site via entrance to the SIRC off Old Castlereagh Road, and shuttle buses and taxis will be transporting patrons not using private vehicles. The surrounding area, including bus and taxi drop off areas will be patrolled by additional police.

 

Those making submissions will advised of the determination.

 

 

 

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

 

The temporary structures and associated POPE activity are classified under the BCA as Class 9(b) public halls, function rooms or the like.  Consideration has been given to the SEPP for Temporary Structures and Places of Public Entertainment 2007 discussed earlier in this report.  Conditions of consent will be applied to ensure satisfactory compliance with the BCA and POPE activity.

 

For the above reasons and the economic benefits to the local area and the region, the temporary event is considered to be on balance in the public interest.

 

Section 94 Contributions

 

Contributions do not apply to the proposed development.

Conclusion

The applicant seeks consent for use of the land for purposes of conducting a one off music event, temporary structures and POPE on the 19 September 2009 on land owned by the Department of Planning known as Sydney International Regatta Centre known as DefQon.1 over a 16 day period, from 7 September 2009 to 23 September 2009, including an 11 day lead in period, 1 day event, and 4 day lead out period. 

 

The proposed development is permissible under relevant planning instruments and can satisfy the objectives and provisions of these plans.

 

The site is easily accessible to traffic, adequate public transport is provided and the existing road network can cater for traffic generated by the development. The proposal utilises the existing intersections to Castlereagh Road, which can cater for increased traffic demands and adequate car parking is provided. 

 

It is acknowledged that there will be some adverse impacts generated by the event, particularly noise affecting nearby and adjoining owners. However, as a temporary event for a period of substantially 1 day, on balance the proposal represents benefits to the community in terms of economic stimulation and maximizing utilisation of the SIRC as a premier cultural facility. It is therefore acceptable in the circumstances and as such, the event is in the public interest and is recommended for approval.

 

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Development Application DA09/0711 Defqon One off music event on 19 September 2009 Lot 21 DP 1092147 Sydney International Regatta Centre (No. 153 - 233) Old Castlereagh Road, Castlereagh be received.

2.       The subject Development Application be approved, subject to the     imposition of the following conditions:

            Special Conditions

2.01   The development must be implemented substantially in accordance with the stamped-approved plans issued by Penrith City Council, the application       form and any supporting information received with the application, except          as may be amended in red on the attached plans and by the following conditions.

 

2.02   This consent permits the running of one (1) Music Festival to be held on 19 September 2009.  Should the applicant wish to continue beyond this number, a          separate application for development approval, demonstrating compliance with        all conditions of this consent, must be lodged, and approval obtained, prior to        operation.

 

2.03   All entertainment and trading including the operation of a PA and speaker system is to cease at 10:00pm on 19 September 2009 (to allow background noise levels to be     achieved prior to midnight).

 

2.04   The development shall comply with the provisions of the Building Code of Australia        at all times, with respect to smoke and flame index of materials, emergency lighting,     exit signs and fire fighting facilities.

 

2.05   The development shall comply with the Environmental Planning and Assessment Act, 1979 at all times.

 

2.06   The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

 

2.07   Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the sites. This is to apply to parking areas, access roads and           within the festival site.

 

2.08   All signage associated with the music festival shall be removed upon completion of the event.

 

2.09   Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and action agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

 

2.10   Access and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”.

 

2.11   The temporary tent structures and stages, when erected, are to fully comply with Part      B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council, certifying the structural adequacy of the structures, prior to the event.

 

2.12   Emergency lighting and illuminated exit signs shall be provided in the tent in accordance with Australian Standard AS 2293.1–2005, with certification submitted to Council prior to the event.

 

2.13   All electrical services shall comply with Clause NSWH102.14 of the Building Code        of Australia with certification submitted to Council prior to the event.

 

2.14   The event structures are to be inspected by Council prior to 19 September 2009. Fees   for this inspection are to be paid, as detailed in Council’s Fees and Charges, and will be invoiced accordingly.

 

2.15   The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

 

2.16   Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001, with certification submitted to Council prior to the event.

 

2.17   Two NSW Rural Fire Service Category 1 fire trucks are to be provided on the site, one at the eastern end and the other at the western end.

 

2.18   Access to the site for the NSW Fire Brigades is to be made available from the eastern end and from the western end of the site, to the satisfaction of the Brigades.

 

2.19   Amended plans for the VIP area, to indicate compliance with the Building Code of Australia, shall be submitted to Council a minimum of one week before the event.

 

2.20   Further details for the emergency response plan shall be submitted to Council prior         to the event. The details are to include a list of the Wardens for the event, the chain of command and interaction with the emergency services who will be present for the event, and a sequence of events to detail the actions that would be taken in the event of an emergency.

 

2.21   Temporary sanitary facilities shall be provided for the event, with the number of facilities in addition to the permanent facilities available in the buildings, determined in accordance with Table F2.3 of the Building Code of Australia.

 

2.22   A sign is to be displayed in a prominent position in the tent that specifies the                    following:

a.    The maximum number of persons, as specified in the development consent, that are permitted in any part of the building used as a place of public entertainment;

b.    The name, address and telephone number of the council of the area in which the building is located.

Penrith City Council

Civic Centre

601 High Street

Penrith NSW 2750

PO Box 60

Penrith NSW 2751

(02) 4732 7777

 

 

2.23   Emergency vehicle access to the site through McCarthys Lane is maintained at all times.

 

2.24   Notification to the relevant bodies of any changes in current planned usage of pyrotechnics.

  

2.25   Notification to the relevant bodies of any changes to planned sphere of operations of the helicopter, including refuelling.

 

2.26   Bins to be provided at Penrith Station and removed at the conclusion of the event.

 

2.27   Marque to be set up with water filled barriers to direct the pedestrians towards the bus entry point.   

 

2.28   All vehicles are to be located close the north eastern except the event shuttle buses, to ensure safe passage and manoeuvrability for the buses.

 

              Toilets

2.29   An adequate supply of potable water must be supplied with respect to toilet, shower and refreshment facilities (non-potable water should not be used without prior       approval).

 

2.30   The provisions of toilets to the event are to comply with Supplementary information for DEFQON1 CONCERT - SYDNEY INTERNATIONAL REGATTA CENTRE         Prepared by Q-DANCE AUSTRALIA PTY LTD dated August 2009.

 

2.31   Toilet locations must be well-marked and well-lit.

    

2.32   Entrances to toilets should be well lit and clear of all screening to allow surveillance by the public, staff and security

 

2.33   All toilets including portable toilets are required to be cleaned as appropriate.

 

2.34   Ensure that the effluent from the portable toilets is removed off the site to an appropriate facility to accept such waste. The waste shall be transported and disposed of by appropriately licensed facilities.

 

2.35   Portable toilets are to be provided at Penrith Station. The number and location are to be provided to Council prior to the event commencing.

 

     Noise

2.36   Noise levels from the premises shall not exceed the relevant noise criteria detailed Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009. The recommendations provided in the above-mentioned acoustic report shall be implemented and incorporated into the design, construction and the conducting of the event. Prior to the event, a certificate is to be obtained from a qualified acoustic consultant certifying that the event has been designed and constructed to meet the noise criteria in accordance with the approved acoustic report. This certificate is to be submitted to Council with the       Event Acoustic Report within sixty (60) days from the date of the event.

 

2.37   A noise complaint hotline by the event organisers is to be made available to the surrounding area in case noise nuisance occurs. Any complaints are to be reported to the event manager and where necessary action is to be taken to resolve the noise         nuisance. The event manager if so required by an authorised officer, the acoustic consultant or the NSW Police Force, must have the authority to order the reduction of noise level produced.

2.38   On a weekend prior to the event, the Rating Background Level must be determined at suitable and appropriately representative locations within the following suburbs:

Mt Riverview

Yellow Rock

Cranebrook – Residential

Cranebrook – Rural (ie Properties off Church Lane, Cranebrook)

Waterside Estate

Emu Heights

 

          Details of the Rating Background Noise Levels for these Suburbs are to be provided to Council prior to the event.

 

2.39   The services of a suitably qualified consultant is to be engaged to conduct noise     testing during the event and provide an Event Acoustic Report to be submitted to          Penrith City Council within sixty (60) days of the event.

2.40   The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise, New South Wales Environment Protection Authority Industrial Noise Source Policy 2000 and the Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009.

 

2.41   Noise testing is to be conducted and included in the Event Acoustic Report provided to Penrith City Council at specified testing locations as outlined in Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009.

 

2.42   Noise testing is to be conducted during the event at the receiver locations used to determine the Rating Background Levels for Mt Riverview, Yellow Rock, Cranebrook – Residential, Cranebrook – Rural, Waterside Estate, Emu Heights.

 

This monitoring is to be undertaken a minimum of twice during the daytime period and twice during the evening period at each of those locations. Daytime and Evening are periods as defined by the NSW Industrial Noise Policy. In addition the noise testing is to have consideration to Amenity and Intrusive Noise as defined in the Industrial Noise Policy.

 

     Should the noise testing identify any amenity and/or intrusive noise related    concerns, then these are to be communicated to the event organiser as soon as         possible and immediate action must be taken to resolve these concerns. Details of    this compliance noise testing and any concerns raised and action taken are to be      included in the Event Acoustic Report.

 

       The noise readings are to be measured at all points in accordance with the New South Wales Environment Protection Authority Industrial Noise Source Policy 2000         and Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009. The readings are to additionally comply with Australian Standard AS1055.2 Acoustics- Description of measurement     of environmental noise.

 

Helicopter Flights

2.43   The Helicopter Flights are to be conducted over a period of no longer the 3 hours on the day of the event. The hours of operation for the helicopter flights are to be provided to Council prior to the event.

 

2.44   The Helicopter Flights are to undertaken as outlined in the letter from HeliAust      dated 21 August 2009 and must comply with all the relevant Legislation and        Australian Standards.

 

Food Safety

2.45   To comply with Clause 4 of Food Safety Standards 3.2.2 each temporary food business is to notify food business details to the NSW Food Authority prior to the commencing any food handling operations.  This may be completed on the Food Authority website (www.foodauthority.nsw.gov.au)

 

2.46   To ensure that the temporary food business meet with the requirements of Food Safety Standards 3.2.2 and 3.2.3, the food stall operators are to comply with the requirements of the NSW Food Authority’s guidelines “Food Handling Guidelines for Temporary Events.”

 

2.47   All temporary food outlets must complete and return Council’s “Application to Sell Food” form at least 48 hours prior to operating.

 

2.48   Solid and liquid waste storage and disposal must be carried out in accordance with the Local Government Act 1993 and Protection of the Environment Operations Act 1997.

 

2.49   Food premises, stalls or food vending vehicles must have hand washing facilities supplied with warm water, with liquid soap and paper towel.  Potable water must be used for hand washing.

 

2.50   Food premises, stalls or food vending vehicles must have a temperature measuring device onsite that is capable of measuring to +/-1°C.

 

2.51   Food products are required to be stored in vermin and insect proof storage areas. All foods are to be protected and covered.

 

Safety and Security

2.52   Lighting is to be provided within the car park at Penrith Station for the duration of the event.

 

2.53   The applicant must provide a combination of security personnel and paid Policing for the duration of the event. This includes 140 security guards on the island, in      addition to the development of a security and crowd management plan for the     Penrith Bus Interchanges and adjoining precincts.

 

2.54   ‘Sniffer dogs’ should be provided as proposed to assist in drug detection at the event. Training should also be provided for security and event staff to assist in the detection of drug-induced intoxication.

 

2.55   The guidelines contained in the Alcohol Management Plan must be adhered to by security and event staff to promote responsible consumption of alcohol and minimise opportunities for alcohol-related antisocial behaviour to occur.

 

2.56   Security personnel must be provided at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

 

2.57   Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

 

2.58   Eskies shall not be permitted into the event.

 

2.59   Bags shall be searched upon entry in accordance with the ‘Entry Patron Search’ procedures provided by the applicant.

 

2.60   Alcohol must not be brought in to the event, but must only be purchased on site from      the licensed vendors.

 

2.61   Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

 

2.62   Free water must be provided at all bar areas, as proposed by the applicant.

 

2.63   All staff must be RSA trained and all appropriate lighting signage must be displayed at all bar areas.

 

2.64   The Crowd Control procedures provided in the Security Management Plan  must be adhered to by security and event staff throughout the event.

 

2.65   The ‘Medical Major Incident Plan’ and ‘Medical Plan’ provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency.  Records should be kept of all recorded incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken. 

 

2.66   Temporary fencing around the perimeter of the lake edge should be staffed at al times by security personnel.

 

2.67   Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stages.

 

2.68   Generators should be installed to provide light in a power outage and to power the public address system

 

2.69   Clear signage should be displayed throughout the event to clearly indicate entry/exit points, public transport locations, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

    

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

7 September 2009

A Green City

 

 

 

13

Development Application DA09/0114 for the construction of 38 residential apartments and 2 adaptive commercial suites over 5 levels and basement at Lot 1 DP 998451 & Lot 2 DP 1129843 (No. 51 - 53) King Street and (No. 43) Gidley Street, St Marys  Applicant:  Schrumpf Developments;  Owner:  Schrumpf Developments    

DA09/0114

Compiled by:                Gurvinder Singh, 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 a development application for the construction of 38 residential apartments and 2 adaptive commercial suites over 5 levels and basement parking at the above site. The ground level of the proposed building will provide residential and adaptive commercial suites whereas levels 1 to 4 of the building will provide residential apartments. Four adaptable apartments for persons with disabilities are proposed on the ground floor. Fifty seven car parking spaces are proposed to be provided on-site. Forty nine spaces will be provided in the basement having access from East Lane and 8 spaces are proposed on the ground level having access from Gidley Street, St Marys.

 

The development application was placed on public exhibition between 18 February and 4 March 2009. During this period one submission was received. The concerns raised in that submission has formed part of the assessment of the development application and these concerns are addressed in a later section of this report.

 

Council has previously granted the following relevant development consents over the site:

 

a)   DA96/0055 on 14 June 1996 to erect a commercial building and basement parking. The development was substantially commenced and the construction of the parking structure was completed. The construction of the rest of the building was abandoned.

 

b)   DA04/2742 for the construction of 3 storey residential building having 12 apartments over the existing parking structure. This proposal has not progressed either.

 

The current proposal to construct residential apartments and adaptive commercial suites is a permissible land use in the zoning with Council’s consent. An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval.

Site and Surrounds

The site comprises two allotments - Lot 2 DP 1129843 known as number 51-53 King Street and Lot 1 DP 998451 known as number 43 Gidley Street St Marys. The total area of the site is 2,054sqm. (See site locality map in Appendix No. 1)

 

The site is located on the north-east corner of the intersection of King Street with East Lane, St Marys and it extends up to the western side of Gidley Street, St Marys. The allotment at number 51-53 King Street has an irregular shape with street frontages of 33.65m to King Street and 36.225m to East Lane. A disused single storey car park exists at the south-west corner of the site. A drainage easement 1.83m wide exists on the south-east corner of the site. The allotment at number 43 Gidley Street is a rectangular shaped allotment with street frontages of 15.24m to Gidley Street and East Lane. A single storey residence with garage exists on this site.

 

The site is surrounded by two older detached residential dwellings and a public car park to the north, a mix of detached dwellings, residential units, and commercial buildings including those of Solicitors and Accountants to the south. A Veterinarian Clinic (St Marys Veterinary Hospital) is located to the east and shopping precinct to the west of the site.

 

The Proposal

 

The proposal is to construct 38 residential apartments over 5 levels and basement at the above site. The apartment building is proposed to comprise:

 

a)         7 x 1 bedroom apartments

b)         23 x 2 bedroom apartments

c)         8 x 3 bedroom apartments

d)         2 adaptive commercial suites fronting King Street

e)         57 on-site car parking spaces including 8 spaces for visitors.

 

The details of each level are as follows:

 

Basement Level

 

·    Parking for 49 cars including 9 stacked parking spaces and 4 spaces for persons with disabilities, separate storage areas, lift lobby area, garbage room and fire exit stairs from the upper levels

·    The basement level parking is accessed via a single secure entry point from East Lane

 

Ground Floor

 

·    8 apartments - 3 x 1 bedroom and 5 x 2 bedroom including 4 apartments adaptable for persons with disabilities

·    2 adaptive commercial suites

·    Visitor parking for eight (8) cars with access via Gidley Street

·    Lift lobby and fire exit stairs

 

 

 

Levels 1 and 2

 

·    10 apartments on each level - 1 x 3 bedroom, 7 x 2 bedroom, 2 x 1 bedroom

·    Lift lobby and fire exit stairs

 

Levels 3 and 4

 

·    10 apartments - 6 x 3 bedroom and 4 x 2 bedroom. All apartments are over two storeys with entry and living areas on level 3 and bedroom and bathroom areas on level 4

·    Lift lobby and fire exit stairs

 

Site plans and elevations are outlined in Appendix No.2. A3 copies will be provided to Councillors under separate cover.

 

The building is proposed to be constructed in two stages. Stage 1 includes excavation works and construction of the basement and the eastern section of the building. Stage 2 will comprise construction of the northern part of the building.

 

The existing single storey car park structure is proposed to be extended to provide a basement parking area. Six trees are proposed to be removed to make way for this extension.

 

The apartments have been designed around a central landscaped courtyard area that will include a water feature. The apartments on ground floor have individual courtyard areas whereas the apartments above ground floor have balconies. The upper levels of the building are recessed in comparison to the lower floors. Articulation to the facades is provided by the balconies and recessed living areas. Metal louvres along the balconies will provide a screening element. The external finishes also include rendered concrete and glass. A colour schedule is submitted with the development application.

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 as follows:

 

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

 

Interim Development Order (IDO) No. 69

 

IDO 69 applies to the allotment at number 51-53 King Street, St Marys. Schedule B, Subclause 3 of this IDO states that: ‘Interim development may be carried out only with the consent of the Council for the following purposes:

 

Child care centres; commercial premises; drainage; dwelling house; flats used in conjunction with commercial premises; home industries; motels; open space; parking; residential buildings; service stations; utility installations.’

 

The proposal falls under the definition of residential buildings and commercial premises which are permissible subject to Council’s consent.

 

The above IDO does not specify any objectives or development standards pertaining to building height, floor space ratio, and car parking provision or the like.

 

Penrith Planning Scheme Ordinance (PPSO)

 

PPSO applies to the allotment at number 43 Gidley Street St Marys. This land is zoned as ‘Residential B (High Density)’ under PPSO. The proposal on this allotment falls under the definition of residential building and it is permissible subject to Council’s consent. Under PPSO a residential building means a building used or designed for use as a residential flat building, multiple dwellings, a boarding-house, a lodging house or a hostel, but does not include a motel.

 

Minimum Size of Allotments

 

Clause 45(2) of the PPSO states that a residential building shall not be erected in Zone No. 2(b) on any land other than a hatchet-shaped allotment which has an area of less than 9,000 square feet and a rectangular frontage to a road of less than 60 feet.  

 

Lot 1 DP 998451 (43 Gidley Street) does not comply with this clause as its area is 8246.3 square feet (sqft) (766.5sqm) and its road frontage to Gidley Street and East Lane is 50 feet (15.24 m).

 

The applicant has submitted a written objection in accordance with the provisions of State Environmental Planning Policy No 1—Development Standards that compliance with the above development standard is unreasonable or unnecessary in the circumstances of the case.

 

The applicant argues that the development is proposed to be constructed over 2 lots at numbers 43 Gidley and 51-53 King Street St Marys. These two lots have split zoning under two Environmental Planning Instruments PPSO and IDO 69. However, these lots have a total area of 2054sqm (22097.8sqft) and road frontages of 15.24m(Gidley Street), 33.65m (King Street) and 51.46m (East Lane).Thus, the total area of the site is more than 9000sqft and the overall road frontages are in excess of 60 feet.

 

It is considered that the above objection is well founded. A condition of consent is recommended to be imposed that the above 2 lots shall be consolidated prior to the issue of an occupation certificate.

 

Penrith Local Environmental Plan (LEP) 1991 (Environmental Heritage Conservation)

 

The general aim of this plan is to assist in the conservation and enhancement of the heritage items and heritage conservation areas of the city of Penrith.

 

The site is in the vicinity of 4 heritage items – cottages at Nos.38, 40, 42 and ‘Bronte Villa’ at No.50 Gidley Street, St Marys.

 

Clause 9 - Development in the vicinity of heritage items of the above LEP states that ‘the Council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting’.

 

A heritage impact statement prepared by Archnex Designs – Heritage Consultants has been submitted with the application. This statement cites that ‘the above items were erected in the latter part of the 19th century and have associations with notable local identities. They were originally set within a relatively semi-rural context which has changed over time to become more urban with the development of commercial, institutional and larger scale residential developments in their vicinity.

 

There will be negligible impacts on the significance of the heritage items as a result of the proposed development as these items are identified as having local significance largely by way of their association with notable local identities as compared to any inherent aesthetic relationship to their setting. The proposed development is physically removed from these items and will not be seen in the same view shed.’

 

Council’s Heritage Adviser assessed the above heritage impact statement and advised that the proposed development is supportable on heritage grounds as it will only have peripheral impacts on the setting of the heritage items.

 

The intent of the above LEP is considered to be satisfied.

State Environmental Planning Policy No. 55 (SEPP55) - Remediation of Land

The objectives of SEPP 55 are:

 

·    to provide for a State wide planning approach to the remediation of contaminated land

·    to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment

 

Pursuant to the above SEPP, Council must consider:

 

·    whether the land is contaminated

·    if the land is contaminated, whether it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the proposed use.

 

The applicant has advised that the site has been historically used for residential purposes and its topography has not been substantially modified over the years.

 

Council has no records of contamination on this site. Previous development consents -DA96/0055 and DA04/2742 to erect a commercial and residential building granted by Council did not require any site remediation. A concrete car park structure exists on the site, which would have prevented any filtration of contaminants into the soil. Due to these reasons it is considered that the site is free of any contamination.

 

The objectives of SEPP 55 are satisfied.

 

State Environmental Planning Policy (SEPP) 2004 - Basix

 

Basix certificates have been submitted with the development application, which indicate that the proposed development meets the state government’s targets of up to 40% reduction in water consumption and 25% reduction in greenhouse gas emissions for residential development. 

 

The objectives of the above SEPP are considered to be satisfied on this basis.

 

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

 

The aim of SREP 20 is to protect the environment of the Hawkesbury-Nepean River system, by ensuring that the impacts of future land uses are considered in a regional context.

 

The requirement of SREP 20 to assess potential impacts on water quality is relevant to the proposal particularly relating to the water cycle and/or flora or fauna. Council’s Development Engineer assessed the drainage plans submitted with the development application and recommended that a condition of consent be imposed that requires sedimentation and erosion controls to be in place prior to the commencement of any site works. This will ensure that quality of water from the site has no adverse impact on the existing environment of the Hawkesbury-Nepean River system.

 

The objectives of SREP 20 are satisfied.

 

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings

 

This policy aims to improve the design quality of residential flat development.  It promotes sustainability, a better built form and improved amenity and safety for the occupants. The policy stipulates ten design quality principles and requires that the proposal achieves a satisfactory outcome in respect of these principles. The policy refers to the Residential Flat Design Code, which provides guidance for applying the design quality principles.

 

An assessment against the design principles is provided below:

 

 

Design Principles

Comments

 

Principle 1: Context

Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

 

 

The site is located in a mixed use area in St Marys Town Centre where residences, shops, medical clinics and offices co-exist. It is located in close proximity to public transport including buses and trains. The proposal will result in transforming the existing site having a disused car park to a site having a modern residential building. This new building will improve the streetscape of this part of the town centre and it will contribute to the quality and identity of the area.

 

The proposal meets the criteria of the principle of context.

 

 

 

 

 

Design Principles

 

Comments

 

Principle 2: Scale

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

 

 

The proposed bulk and height of the building is responsive to the desired future character of the area as outlined in the draft Penrith Local Environmental Plan (LEP) 2008. The proposed height is 18.84m which is less than the height control of 24m in this LEP. The bulk of the proposed building is appropriate for the site as the recessed upper floors and articulated facades break the continuity of the facades and present an interesting elevation.

 

The proposal meets the criteria of the principle of scale.

 

Principle 3: Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

 

The proposed built form is appropriate for the site and its purpose as it includes a mixture of elements such as balconies, screens, articulated walls and windows that fit into an appropriate proportional dimension of the building. It contributes to the character of the streetscape by its modern outlook. The proposal meets the criteria of the principle of built form.

 

Principle 4: Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality

 

 

The proposed density is responsive to the desired future character of the area as required under the draft Penrith LEP 2008. The principal development standards such as floor space ratio and height, which control density, are addressed in a later section of this report.

 

This proposal is one of newer proposals, which will transform this part of the town centre by the construction of a modern residential building that is close to the public transport, shopping centres, schools and community facilities. The proposal meets the criteria of the principle of density.

 

 

 

Design Principles

 

Comments

 

Principle 5 : Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

 

 

The proposed building is oriented north-south and it utilises solar access for the apartments facing the north, east and west. The apartments have been designed with the lounge/family dining areas located to the north, north-east or north-west thus permitting maximum solar penetration. Efficient use of energy and water is shown through BASIX certificates submitted with the development application.

 

The proposal meets the criteria of this principle.

 

Principle 6: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.

 

 

A landscape plan prepared by a consultant registered with Council has been submitted with the development application. The proposed landscaping in the central courtyard and on the boundaries of the site is considered to be appropriate. However no landscaping is proposed on public domain. A condition of consent is recommended that requires preservation of existing trees and enhanced landscaping on the public domain surrounding the site.

 

The proposal meets the criteria of this principle.

 

 

Design Principles

 

Comments

 

Principle 7: Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility

 

 

The room dimensions are considered to be appropriate to its functions. The placement of the apartments towards the north, east and west of the site has assured sunlight access to these apartments. Adequate natural ventilation and acoustic privacy is assured by requiring the building to comply with the Building Code of Australia. 4 adaptable units have been proposed on the ground floor and a lift has been provided for access to the upper floors. The design provides for clear separation of private and public areas which preserves amenity for both the residents and public.

 

The proposal meets the criteria of this principle.

 

Principle 8: Safety and security

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

 

 

An assessment of the safety and security aspects against the principles of Crime Prevention through Environmental Design has been undertaken in a further section of this report.

 

The proposal generally meets the criteria of this principle.

 

 

 

Principle 9: Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New developments should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

 

The applicant has argued that ‘the design provides for apartment style housing incorporating a layout that caters for different budget needs within the community’.

 

It is considered that a mix of 1, 2 and 3 bedroom apartments will cater for different budgets and housing needs of the community.

 

The site is located in close proximity to the public transport and community facilities. This part of the town centre is undergoing transition and the proposal is responsive to the desired future development of the area as required under draft Penrith LEP 2008.

The proposal meets the criteria of this principle.

Principle 10: Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

 

 

The design of the building takes advantage of the two street frontages and provides an address to the public areas. The external elevations provide elements of depth and articulation to ensure positive visual impacts. External colours, materials and finishes are sympathetic to the surrounding development

 

Overall the design of the building is aesthetic; it fits into the streetscape and provides a transition towards modern apartment buildings in the area. 

 

The proposal meets the criteria of this principle.

 

 

Council engaged a registered architect to carry out an independent assessment of the proposed development against the above principles of SEPP 65. The Architect has advised that ‘the proposed development satisfies the aims and principles of the SEPP through its design and response to the site, which results in a positive development close to several transport options, and providing for a range 1, 2 and 3 bedroom residential apartments. There are some minor non-compliances which have been considered acceptable following a planning and urban design assessment and others for which recommendations are given for consent conditions.’ These recommended conditions include the provision of:

 

·    external metal sunscreens and high performance glazing for windows of the apartments on the western façade and external sunscreens on the windows of some apartments on the eastern façade for improved thermal efficiency

·    an underground rainwater re-use tank for water saving measures

·    additional landscaping on King Street façade of the building to improve its presentation to the street

·    car wash bays in the basement, and

·    the reduction of the size of the fin wall and balcony projections on the western façade of the building from 600mm to 300mm for a reduced encroachment by these projections over East Lane

·    another lift for ease of access to the apartments

 

The above matters have been recommended to be imposed as conditions of consent with the exception of the requirement of another lift. Council Officers raised the matter of the provision of another lift with the applicant, who advised Council Officers that the cost implications of another lift will impact on the feasibility of the project and that the Building Code of Australia does not require the provision of another lift. It is considered that the justification provided by the applicant to not include another lift in the proposed building is acceptable.

 

The SEPP65 assessment report prepared by the Independent Architect is attached to this report (Attachment No. 5). It is considered that the proposed development is consistent with the requirements of SEPP 65.

 

 

2.            Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instrument

 

Draft Penrith Local Environmental Plan (LEP) 2008

 

Under the provisions of the draft LEP 2008, the site is zoned B4 Mixed Use. Residential flat buildings and commercial premises are permissible in this zone with Council’s consent.

 

The aims of this zone are:

 

•        To provide a mixture of compatible land uses.

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

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

•        To create opportunities to improve the public domain.

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

 

The proposal provides for residential and adaptive commercial uses on the ground floor and residential on the floors above. The site is near to public transport and it is in close proximity of the existing retail and commercial uses, which encourages walking and cycling. The public domain will be enhanced with the provision new landscaping and appropriate night lighting.   View corridors along King Street to the mountains escarpment will be retained.

 

The proposal is consistent with the above objectives of the zone.

Principal Development Standards 

The following development standards are relevant to the proposal.

 

Clause 4.3  Height of buildings

 

The height of buildings map under the draft Penrith LEP 2008 identifies a 24 metre height limit for the site.

 

The proposed height of the building is 18.84 metres, which complies with the above requirement.

 

Clause 4.4  Floor space ratio

 

The floor space ratio map identifies a ratio of 2.5:1 for this site.

 

The total gross floor area of the building is 3920.6 square metres and the total land area is 2054 square metres. The proposed floor space ratio is 1.91:1, which complies with the above requirement.

 

Clause 6.1  Sustainable development

 

The objective of this clause is to ensure that sustainability principles are incorporated into the design and construction processes for a proposed development to provide well designed comfortable homes and workplaces that use resources efficiently throughout their lifecycle and meet the needs of the community.

 

This clause requires that development consent must not be granted unless Council has considered each of the following principles of sustainable development as they relate to the proposed development, based on a “whole of building approach”:

 

(a) conserving energy and reducing carbon dioxide emissions,

(b) embodied energy in materials and building processes,

(c) building design and orientation,

(d) passive solar design and day lighting,

(e) natural ventilation,

(f) energy efficiency and conservation,

(g) water conservation and water reuse,

(h) waste minimisation and recycling,

(i) reduction of car dependence,

(j) potential for adaptive reuse.

 

The design of the proposed building incorporates the following measures to achieve the above principles:

 

·    Building materials such as concrete floors and walls have been selected to ensure energy is conserved for satisfactory thermal performance and reduction of carbon dioxide emissions.

·    Building materials such as lightweight panels, glass, metal and sheet metal roofing have been chosen as they include lesser embodied energy than standard brickwork. Metal roofing will reflect heat thus allowing the building to cool quickly in the evening. These materials are durable and require minimal maintenance. Additional embodied energy in replacement of such materials may not be required.

·    Building design and orientation, passive solar design and day lighting, natural ventilation, water and energy efficiency have been addressed elsewhere in this report.

·    The site is located in the town centre and it is in close proximity of the public transport, retail uses and community facilities, which will reduce car dependence

·    The ground floor of the building incorporates adaptable commercial reuse tenancies.

 

BASIX certificates have been submitted with the development application for the residential component of the development. The requirements of BASIX are to meet targets of 40% water reduction and 25% energy reduction for the entire development. The proposal achieves these requirements.

 

Due to the reasons cited above, it is considered that the proposed development satisfies the intent of this Clause.  

 

Clause 6.17 St Marys Town Centre

 

This clause states that “Despite any other provision of this Plan, the consent authority must not consent to development on a lot in St Marys Town Centre shown as “Clause 6.17 land” on the Clause Application Map unless the lot size is at least 1200 square metres.”

 

The site is located within the above nominated area. It has two allotments having areas of 766sqm and 1,288sqm. The total area of the site is 2054sqm which complies with the above requirement. 

 

Draft State Environmental Planning Policy 66 – Integration of Land Use and Transport 

 

This Draft SEPP aims to ensure that urban structure, building forms, land use locations, development designs, subdivision and street layouts help achieve the following planning objectives:

 

a.   improving accessibility to housing, employment and services by walking, cycling, and public transport;

b.   improving the choice of transport and reducing dependence solely on cars for travel purposes

c.   moderating growth in the demand for travel and the distances travelled, especially by car;

d.   supporting the efficient and viable operation of public transport services;

e.   providing for the efficient movement of freight.

 

Clause 7 of the above draft SEPP indicates that it relates to developments having a gross floor space of more than 1,000m2 and, although not specifically related to mixed use development,  includes:-

(a) development for the purposes of retailing,

(c) offices

(f) parking stations having more than 200 spaces

As such, consideration of this draft SEPP 66 has been made. 

 

The development is consistent with the objectives of the draft SEPP 66, being located in the town centre, close to transport connections, pedestrian networks and ample bicycle parking is available.  Employment opportunities will be available during construction and after occupation, thus, reducing the demand for travel to other centres.

 

The intent of the above draft SEPP is considered to be satisfied.

 

 

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

 

Penrith Development Control Plan (DCP) 2006 

 

This plan applies to the proposed development. Section 4.6-Residential Apartment Development is relevant to the proposal. This section applies to the land covered by Penrith Local Environmental Plan 1998 (Urban Land) and other residentially zoned land in the City where multi-unit housing is permissible. Penrith Local Environmental Plan 1998 (Urban Land) does not apply to the subject site, however the site is zoned residential under PPSO and IDO 69, which triggers the applicability of the above Section 4.6.

 

A summary of the relevant provisions of this plan and its compliance by the proposed development is provided at Attachment No. 3 of this report. However, the following matters have been considered in detail in the assessment:

 

Setbacks

 

The above DCP requires a front setback that matches the neighbourhood character – a 5.5m minimum or average the setbacks of the immediate neighbours, whichever is greater. A 6m rear setback is required.

 

The applicant has proposed a zero front setback to King Street and 0 to 1.2m rear setback, which does not meet the above control. The applicant has argued that the front setback and setback to East Lane is determined by re-use of the existing car park structure on the site which has zero setbacks to King Street and East Lane.

 

Comment:

 

Council granted development consent (DA96/0055) on 14 June 1996 to erect a commercial building and basement parking. This development was substantially commenced and the construction of the parking structure was completed. The construction of the rest of the building was abandoned. Council also granted development consent (DA04/2742) for the construction of 3 storey residential building having 12 apartments over the existing parking structure.

 

The applicant proposes to use the existing car park structure in the proposed development. The existing building west of the site has zero setbacks to King Street and East Lane. Various other buildings along East Lane have zero setbacks. It is considered that the front and side setbacks match the neighbourhood character and they are acceptable.

 

The basement encroaches onto the rear setback; however a 6m rear setback is proposed for all ground level apartments except for apartment number 24 which has a 4m rear setback. The balconies of the upper floor apartments encroach onto the rear setback by at least 2m. The building is designed around a large central courtyard/atrium. The design constraints of the building limit the simultaneous provision of the setbacks and a large central courtyard. The architect of the proposed building has tried to achieve a balance between compliance with the applicable controls and provision of amenity to the occupants through a central courtyard/atrium. This is considered to be acceptable.

 

 

Solar Planning 

 

The DCP requires that the proposed development provides a minimum of 4 hours sunlight

between 9am and 3pm on 21 June, to living zones (i.e. areas other than bedrooms, bathrooms,

kitchen and laundry) of each dwelling, and the living zones of any adjoining dwellings; and

a minimum of 3 hours sunlight between 9am and 3pm on 21 June, to 40% of the main private

open spaces of the dwelling and main private open spaces of any adjoining dwellings.

 

Comment:

 

Shadow diagrams were submitted with the development application, which show sunlight access to the apartments facing the north, east and west. The apartments facing south will not receive direct sunlight however diffused sunlight may reach the apartments on upper levels through the central atrium. Some of the apartments facing the north, east and west may not have access to the full 4 hours of sunlight, however they will receive at least 3 hours of sunlight to their living areas and private open space. 11 apartments facing the south will receive lesser sunlight than 3 hours to their living rooms with 2 apartments receiving no sunlight at all.

 

The “rule of thumb” under the Residential Flat Design Code is that 70% of apartments in a development should receive a minimum of 3 hours direct sunlight between 9am and 3pm.  It also indicates that in dense urban areas this could be reduced to 2 hours. This was considered reasonable to be applied to the proposed building due to its location in the town centre. It is considered that 34 apartments (89%) will receive at least 2 hours of sunlight between 9am-3pm, which complies with the above requirement of the code.

 

Crime Prevention Through Environmental Design (CPTED)

 

The principles of this section of the DCP 2006 require a safe and secure development and public domain with adequate lighting, visual access and passive surveillance to all areas of the site.

 

It is considered that with appropriate safety and security management, the proposed development can provide activation and passive surveillance within the building to reduce the risk of crime in the building and the immediate vicinity.  The adaptive commercial uses nominated on the submitted plans are conceptual only and would be subject to future development applications, where hours of operation, nature of the business, expected number of patrons will be fully considered. 

 

Council’s Community Safety Officer has assessed the proposed plans and has recommended a number of conditions reflecting CPTED principles for maintaining safety and security within and around the property.  These conditions include aspects regarding lighting, basement security, landscaping, walkways, graffiti, and building/site identification. It is acknowledged, however, that safety will be increased through good design and management, however there is no guarantee that all risks have been identified or that the areas will be free of criminal activity.

 

Waste Planning

 

A Waste Management Plan is submitted with the development application which specifies strategies for waste management during construction of the new building and the operation of the development. Although there is no demolition to take place on the site, substantial excavation will be required and that material will be disposed of in accordance with Council’s requirements.

 

Waste contractors are required to collect waste from the commercial suites of the development.  Such waste will be stored in a designated storage area in the basement parking level with direct access to East Lane. Waste from residential areas will be stored in 240 litre bins in a designated area in the basement car park. The waste management system generally complies with Council’s requirements. Council’s Waste Management Coordinator has reviewed the proposal and relevant conditions of consent are recommended to be imposed for the operation of this system.

 

It is considered that the proposal can satisfy the intent of this part of DCP 2006.

 

Draft Penrith Development Control Plan (DCP) 2008

 

Section E5 of the above draft DCP applies specifically to St Marys Town Centre, where the proposed building is located. A summary of the relevant provisions of this plan and its compliance by the proposed development is provided at Attachment No. 4 of this report. However, the following matters have been considered in detail in the assessment:

 

Housing Choice and Mix

 

This provision of the draft DCP encourages social sustainability by catering for a variety of socio-economic groups and encourages a more diverse population. For developments containing more than six dwellings, a mix of living styles, sizes and layouts is to be achieved by providing:

 

i)    A mix of bed-sitter/studio, one bedroom, two bedroom and three bedroom apartments;

ii)   Bed-sitter apartments and one bedroom apartments must not be greater than 25% and not less than 10% of the total mix of apartments within each development; and

iii)   Two bedroom apartments are not to be more than 65% of the total mix of apartments within each development.

iv) 10% of all dwellings or a minimum one dwelling, whichever is the greater, must be designed in accordance with the Australian Adaptable Housing Standard (AS 4299-1995), to be capable of adaptation for persons with a disability or elderly residents.

v)   Where possible, the mandatory adaptable dwellings shall be located on the ground floor.

 

The proposed development provides for:

 

i)    7 x 1 bedroom apartments, which represent 18.4 % of the total number of dwellings. This complies with the above requirement.

ii)  23 x 2 bedroom apartments which represent 60.5 % of the total number of dwellings. This complies with the above requirement.

iii)   8 x 3 bedroom apartments

iv)  4 adaptable units – 10% of all dwellings are proposed. This is considered to be acceptable.

 

The proposed development therefore satisfies the intent of this draft provision.

 

 

 

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

 

Environmental Planning and Assessment Regulation 2000

 

Clause 50 of the above Regulation provides that a development application for a residential flat development lodged on or after 1 December, 2003 must be accompanied by a design verification statement from a qualified designer that confirms that:

 

(a)     he or she has designed, or directed the design, of the residential flat development, and

(b)     the design quality principles set out in Part 2 of the State Environmental Planning Policy No 65 – Design quality of Residential Flat Development are achieved for the residential flat development. 

 

This statement has been received from Arvi Ranaste, Architect of Building Environments Pty Ltd, which satisfies the above clause.

 

 

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

 

Traffic and Parking 

 

Council’s Senior Traffic Engineer has assessed the proposal against Council’s DCP 2006, the Road and Traffic Authority’s ‘Guide to Traffic Generating Developments’ and AS 2890.1 (2004) Part 1: Off-street car parking. The following comments were made in relation to traffic and parking:

 

·    The number of parking spaces meets the provisions of the Council code with 1 space per 2 bedroom and 2 spaces per three bedroom dwellings provided. Visitor spaces are provided at a minimum rate of 1 per 5 dwellings, which is acceptable

 

·    The proposal will produce a consistent increase in local traffic flow; however no substantial traffic impacts are anticipated on the local road network. Peak hour trips for the development are anticipated to be in the order of 20 vehicles per hour

 

·    All service vehicles must enter and exit the site in a forward direction and have appropriate unrestricted access throughout the site

 

·    Appropriate sight lines must be maintained from the proposed driveways in accordance with AS 2890.1(2004)

 

·    The parking area design must comply with the provisions of AS 2890.1 and 2

 

The proposed development is satisfactory based on car parking requirements and traffic impacts.

 

Noise and Privacy

 

The noise impacts can emanate during the excavation of the site and construction of the building. This can be controlled through imposition of conditions restricting the hours of construction and by implementing the provisions of the Protection of the Environment Operations Act 1997 and the NSW Environment Protection Authority’s ‘Noise Control Guidelines’.  

 

Excavation/construction hours will be limited to:

 

·          Mondays to Fridays-7am to 6pm

·          Saturdays-7am to 1pm (if inaudible on neighbouring residential premises), otherwise 8am to 1pm

·          No work is permitted on Sundays and Public Holidays.

 

The building separation and setbacks will maximise privacy between the apartments and surrounding buildings.

 

Social and Economic Impacts

 

The proposal is considered to have positive social and economic impacts such as:

 

·          Opportunities for employment will be increased during construction of the building and after occupation of the commercial tenancies

·          The building will allow people working in the town centre to reside close to their place of employment

·          The building will also provide housing choice

·          The provision of commercial suites will attract and retain businesses in the town centre and enable the building to have a sufficient level activation through the day

 

Fire Safety

 

The proposed plans have been assessed against the requirements of the Building Code of Australia (BCA). The building is classified as Class 2-Apartments, Class 5-Office and Class 7a-Car Park under the terms of the BCA. Standard conditions of consent are recommended to be imposed, which include compliance requirements for disabled access and facilities, essential services and fire safety certification.

 

 

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

 

The proposed development is suitable to the site due to its appropriate mix of residential and commercial uses within the town centre. The site is located within short distance to the retail and commercial hub of the town centre as well as the public transport. The lands in the immediate vicinity of the site do not contain any identified items of Aboriginal heritage and European heritage is not impacted as addressed earlier. The site is not bushfire prone and all infrastructure services are available. The shape and size of the land is suitable for the development of this scale.

 

Due to all of the reasons cited above, the site is suitable for the development.

 

 

 

 

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

 

Referrals

 

The application was referred to the following Council officers and their comments and conditions have formed part of the assessment and report:

 

Council Officer

Comments/Conditions                       

 

Senior Building Surveyor

No objections subject to recommended conditions

 

Community Safety Co-ordinator

No objections subject to recommended conditions

 

Senior Development Engineer

No objections subject to recommended conditions

 

Consultant Urban Designer

No objections subject to recommended conditions

 

Consultant Architect

No objections subject to recommended conditions

 

Senior Traffic Engineer

No objections subject to recommended conditions

 

Waste Management Coordinator

 

No objections subject to recommended conditions

 

 

Community Consultation

 

In accordance with Part 2.7-Notification and Advertising of DCP 2006, the development application was placed on public advertisement and notification from 18 February and 4 March 2009. One submission was received during this period, which raised the following issues:

 

·    Inadequate parking – The proposed parking is inadequate.

 

Comment: The proposed 57 car spaces comply with the requirements of DCP2006 and the number of spaces is considered to be adequate. Parking aspects of the proposed development have also been addressed elsewhere in this report.

 

·    Noise from dogs – The future residents of the new building may complain about noise from barking of dogs in the veterinary hospital next door

 

Comment: This issue can be dealt under the Protection of Environment Operations Act 1997 if any noise complaints are made in future.

 

·    Overshadowing and loss of business – The veterinary hospital next door has raised a concern that their building will be overshadowed and the new building will result in loss of business to the hospital.

 

Comment: The hospital building will receive sunlight from the east and north in the morning and afternoon. During late afternoon there will be loss of sunlight from the west to this building. This overshadowing is considered to be acceptable as the impacts only relate to a non-habitable building and there will only be part loss of sunlight access. The concern about loss of business has not been substantiated in detail. It can also be argued that due to construction of 38 dwellings business of the hospital may increase.

 

·    Loss of Privacy

 

Comment: This aspect has been addressed elsewhere in this report.

 

 

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

 

The construction of a modern mixed use 5 storey building in the town centre will transform this part of the town centre and its streetscape. The proposed development will provide social and economic impetus to the town centre for the benefit of the public. The surrounding retail/commercial uses will have positive impacts as a result of this development. It is considered that the proposal will serve a wider public interest.

Section 94 Contributions  

The Section 94 plans that apply to this development and Section 94 contributions are summarised as below:

 

Plan

CW = City Wide

SM= St Marys

 

Amount $

CW-Cultural Facilities

8,736

CW-District Open Space

111,440

CW-Footpaths

6,216

CW-Local Open Space

40,250

SM-Town Centre

9,401

TOTAL

$176,043

 

The above contributions are indexed every quarter and the adjustments to the contributions are made at time of payment.  Contributions will be required to be paid prior to the issue of a Construction Certificate.

Conclusion

The proposed construction of a new residential building with adaptive commercial suites in the St Marys Town Centre will be one of the newer and significant developments to occur. Such a development with a modern architectural design will improve the streetscape and set an example to encourage future developments in the area.

 

The building will provide a mix of housing that will suit buyers of varying socio-economic backgrounds. People working in the town centre will be able to reside near to their place of employment. The building is located close to many community facilities, shops, schools and public transport. Employment opportunities will be increased during construction of the building and after occupation of commercial tenancies.  All of the above will result in positive social and economic outcomes.

 

The proposal is subject to numerous development standards and controls under various current and draft Environmental Planning Instruments and Development Control Plans. Although the proposal is not fully complying with all of the development standards and controls, however, the applicant has submitted an objection to the development standard and justification of departures from some development controls, which is considered to be satisfactory. The proposal achieves a balance in the provision of amenity to the future residents of the proposed building and compliance with the applicable controls.

 

After detailed consideration of all matters under Section 79C of the Environmental Planning and Assessment Act, the report recommends that Council grants consent to the proposal. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA09/0114 for the construction of 38 residential apartments and 2 adaptive commercial suites over 5 levels and basement at Lot 1 DP 998451 & Lot 2 DP 1129843 (No. 51 - 53) King Street and (No. 43) Gidley Street, St Marys be received.

2.     Development Application DA09/0114 for Staged Development of mixed use building consisting of Stage 1 – excavation works and construction of the basement and eastern section of the building and Stage 2 for the construction of the northern part of the building and associated works at Lot 2 DP 1129843 known as number 51-53 King Street and Lot 1 DP 998451 known as number 43 Gidley Street St Marys be granted 5 year consent (in accordance with S95 (2) of Environmental Planning and Assessment Act 1979) subject to compliance with conditions under Schedule–1 below:

SCHEDULE – 1

2.1       A001          Approved plans

A011                     DCP Construction

A017           DA for use – commercial suites

A026           Advertising sign

A039           Graffiti

A046                     Obtain Construction Certificate

B004           Dust (referring to excavation and basement construction)

B005           Mud/soil

D001           Sediment and erosion control measures

D009           Covered waste storage area

D010           Disposal of excavated waste

D014           Plant and equipment noise

E01A                    BCA compliance for Class 2-9

E002            BCA issues to be addressed

E006                     Disabled access and facilities

E008                    Fire safety list

E009                     Annual fire safety statement

F006                     Water tank and nuisance

G001                     Services

G002           Section 73

G004           Integral Energy

H001           Stamped plans and erection of site notice

H002           Site requirements for construction

H003                     Traffic management

H013                     Structural engineering details

H017                     Loads on existing buildings

H022           Survey certificate

H024                     Glass installations

H025           Construction of garbage rooms

H033           Clothes lines

H041           Hours of work

I003                      Roads Act Approval 1

I004                      Roads Act engineering

K001                     Engineering Works DCP

K002          Works As Executed

K005                    Easement to Council

K006                    Footings and Easements

K019                    Connection to Council’s system

K025                    Pavement seal

K028           Car park staging strategy

K029           ‘IN’ Crossings

K030           ‘OUT’ Crossings

K036          Maintenance Bond

K037          Performance Bond

L001            General landscaping

L002                     Landscape construction

L003                    Report requirement

N001          S94 - Cultural Facilities - $8,736

N002                    S94 - District Open Space - $111,440

N003                    S94 - Footpath - $6,216

N004                    S94 - Local Open Space - $40,250

N005                    S94 - Town Centre - $9,401

                             S94 contribution total $176,043

P001           Applicants cost

P002           Council Fees - Amended

Q001                    Notice of commencement

Q006                    Occupation Certificate for Class 2-9

Q010          BASIX Certificate

 

 

 

 

Special Conditions

 

Lighting

2.2      Prior to the issue of an Occupation Certificate, the development shall be provided with lighting in the following manner:

 

a)  Entrances and exits to all units , communal space, walkways and the basement car park should be well lit to clearly illuminate these areas

b)  Lighting shall be consistent in order to reduce the contrast between shadows and illuminated areas

c)  Lighting shall be contained within the property boundary and no light shall be projected upwards

d)  All lighting shall be vandal resistant

Car Parking

2.3      Prior to the Occupation Certificate the basement car park shall be treated in the following manner:

 

a)   Vehicle access to the basement car park shall be accessible by tenants/residents/business operators of the building and their authorised guests only.  Access to the car parking area from East Lane shall be controlled by an automatic roller shutter with residents and commercial occupants having access control devices

 

b)   The car park shall be well lit and all surfaces shall be painted in light colour to reflect as much light as possible

c)   Access to waste rooms and storage areas shall be restricted to authorised persons only with access restricted through the use of a security swipe card system or similar

d)   A security system shall be installed on the pedestrian entry/exit points to the basement, including lifts and internal/external stair wells

e)   All surfaces shall be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible

f)    All potential entrapment points shall be avoided, eg. under stairs, blind corners and wide columns.  Adequate lighting and mirrors shall be used when certain design features are unavoidable

g)   The lifts shall have restricted access to tenants/residents/business operators and shall be fitted with emergency alarms and phones

 

 

Internal courtyard

2.4      Access to the internal courtyard shall be restricted to residents and their authorised guests only and access control measures shall be in place to restrict public access

 

Waste Management

2.5      Prior to the issue of an Occupation Certificate the development shall provide for waste management in the following manner:

 

a)   The residential and commercial waste storage shall be separated

b)   The garbage room shall be provided with a separate double door other than the roller door to the car park for access by Council’s waste collection contractors. This access door shall be provided with an ABLOY locking system to be installed by Council at the developer’s expense. Council and/or collection contractors will hold the master key. Details shall be provided with the application for a construction certificate

c)   Automatic lighting and appropriate mechanical ventilation system shall be installed in the garbage room

d)   The floor of the garbage room shall be graded and drained to a floor waste and connected to the sewer to the requirements of Sydney Water

Street Numbering

2.6      Prior to the issue of an Occupation Certificate, the building shall be clearly identified with street numbers visible to assist visitors and emergency services

 

Lot Consolidation

2.7      Prior to the issue of an Occupation Certificate, Lot 2 DP 1129843 and Lot 1 DP 998451 shall be consolidated as one lot. A copy of the registered plan of consolidation from Land and Property information division of the Department of Lands is to be submitted to the Principal Certifying Authority and Penrith City Council prior to the issue of an occupation certificate for the development

 

Privacy

2.8      All windows facing the central atrium shall have sill heights of 1.7 m. Details shall be submitted with the application for a construction certificate

 

Acoustic

2.9      A detailed acoustic design report that shows compliance with the requirements of Environment Protection Authority’s ‘Environmental          Criteria for Road Traffic Noise’ shall be submitted to Council and approval obtained prior to the issue of a construction certificate

 

 

Site Facilities

2.10    Facilities such as letterboxes and telecommunication infrastructure shall be provided for individual apartments. Details shall be provided with the application for a construction certificate

 

Air Conditioning Units

2.11    No air conditioning units shall be visible from street frontages and lanes

 

Miscellaneous

2.12    The existing transition pit on the western side of Pipe No.1 is not to be retained. The existing 900mm that is blocked with sand bags is still in use, and the sand bags are to be removed. A new transition pit is to be constructed, capable of handling flows from the proposed 1050mm and existing 900mm. Details of the pit are to be submitted and approved prior to the issue of operational consent

 

2.13    Overland flows shall be safely conveyed through the site and not concentrated or diverted into adjoining properties. A detailed overland flow analysis shall be conducted, demonstrating how the proposed drainage system can manage the flow results found in the analysis without adversely affecting the adjoining property by the proposed development. The analysis shall take into account a 50% blockage rate and shall be submitted and          approved by Council prior to the issue of operational consent

 

2.14    All car parking and manoeuvring must be in accordance with AS 2890 and Councils requirements. Full details must be submitted with the Construction Certificate. The layout of the car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) shall be in accordance with AS 2890.1- 2004 and AS 2890.2 – 2002 for servicing area

 

2.15    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 keep the structure and works clean and free of goods, materials, plant and machinery

 

2.16    The fin wall and balcony projections on the western façade of the building shall be reduced to 300mm. Details shall be submitted with the application for a construction certificate

 

 

2.17    The windows on the western façade shall be provided with external metal sunscreens and high performance glazing. External sunscreens shall also be provided on the eastern façade to minimize the morning sun penetration into the following unit windows:

 

·    Ground Floor - Unit 3 Lounge and Bed 1, Unit 25 Lounge and Bed 1

·    First Floor - Unit 7 Lounge and Bed 1, Unit 8 Bed 2, Unit 30 Lounge and Bed 1, Unit 29 Bed 2

·    Second Floor - Unit 12 Lounge and Bed 1, Unit 13 Bed 2, Unit 35 Lounge and Bed 1, Unit 34 Bed 2

 

Details shall be submitted with the application for a construction certificate

 

2.18    An underground rainwater re-use tank shall be provided. Details shall be submitted with the application for a construction certificate

 

2.19    Details of achieving the required insulation levels for thermal and acoustic performance shall be provided with the application for a Construction Certificate. Apartment entry doors shall be provided with acoustic seals

 

2.20    Double glazing shall be incorporated, for acoustic reasons, on all the   windows facing the internal courtyard and atrium. Details shall be submitted with the application for a construction certificate

 

2.21    Additional landscaping shall be provided below the balconies of the    adaptive commercial units on the King St frontage. Details shall be submitted with the application for a construction certificate

 

2.22    Prefabricated metal screens shall be provided in the existing basement wall openings instead of “filling in” with new block work. Details shall be submitted with the application for a construction certificate

 

2.23    Security access off King St shall be provided for the future tenants of the adaptive commercial units so that the entry lobby remains secure

 

2.24    One car wash bay shall be incorporated in the development to cater for washing of cars. Details shall be submitted with the application for a construction certificate

 

2.25    One disabled car parking space shall form part of the 8 visitor spaces          provided off Gidley St. Details shall be submitted with the application for a construction certificate.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site plans, floor plans and elevations

7 Pages

Appendix

3.  

Summary of relevant provisions Penrith DCP 2006

5 Pages

Attachment

4.  

Summary of relevant provisions of Draft Penrith DCP 2008

4 Pages

Attachment

5.  

SEPP65 Assessment

14 Pages

Attachment

  


Ordinary Meeting

7 September 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

7 September 2009

Appendix 2 - Site plans, floor plans and elevations

 

 

 







 


Ordinary Meeting

7 September 2009

A Green City

 

 

 

14

Development Application DA09/0178 - Proposed staged development for the construction of two (2) four-storey apartment buildings containing forty-six (46) units with sixty (60) parking spaces in a basement and associated landscaping Lot 88 Sec F DP 1573 and Lot 2 DP 524925 (No. 34 - 38) Albert Street, Werrington  Applicant:  EPS Constructions Pty Ltd;  Owner:  Semcorp (Aust) Pty Ltd, Elie Kaltoum, Mass Holdings Pty Ltd and Naames Pty Ltd    

DA09/0178

Compiled by:                Aimee Lee, 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 staged development application for the demolition of an existing dwelling and outbuildings, construction of two (2) four-storey apartment buildings containing forty-six (46) units with (60) parking spaces in a basement and associated landscaping.

 

The site is zoned 2(e) Residential (Medium-High Density) under the provisions of the Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998 Urban Land).  The proposal is defined as multi-unit housing and is permissible only with development consent.

 

The development application was advertised, notified to nearby adjoining residents and placed on public exhibition for fourteen (14) days.  Council received one (1) submission and one (1) petition with twenty-three (23) signatures.  Key issues raised in the submission/petition including but not limited to:

 

·        Height, bulk and scale

·        Roof form

·        Overshadowing

·        Streetscape

·        Increase in population density and increase in the demand for public infrastructure, facilities and amenities

 

An assessment under Section 79C of EP&A Act has been undertaken and it is recommended that the application be granted a conditional consent. 

 

Background

 

The site incorporating 34 and 38 Albert Street have had a history of applications in recent years which have not progressed.  On 16 March 2004, Council under delegated authority approved DA 02/2893 for a multi-unit housing development containing 27x2 bedroom and 9x3 bedroom units subject to conditions.  DA 07/1492 was lodged in November 2007 for a proposed multi-unit housing development containing 26x2 and 4x3 bedroom units.  The application was withdrawn on 7 March 2008.

 

A further application DA 08/0952 was lodged in September 2008 for the proposed construction of 29x2 bedroom and 4x3 bedroom units with basement parking.  This application was withdrawn on 21 April 2009 and Council encouraged the amalgamation of an adjoining lot (No.38 Albert Street) which would otherwise have been “land locked”.

 

A pre-lodgement meeting was held on 23 December 2008 for the proposed construction of two (2) four-storey apartment buildings containing forty-six (46) units with sixty (60) parking spaces in a basement and associated landscaping over the two (2) lots (Nos 34 and 38 Albert Street).  Council received this proposal through DA 09/0178 on 4 March 2009.

 

On 26 June 2009, Council received amendments to the proposal to ensure the proposed buildings are contained wholly within Council’s prescribed building envelope.  The amendments include:

 

·    Deletion of two (2) east-facing dormer windows and two (2) west-facing dormer windows

·    Provision of two (2) highlight windows on the northern elevation of the third floor of Block A and Block B

·    Provision of a skylight window on the eastern and western elevation of the roof to Block A and Block B

 

The applicant has also submitted additional information demonstrating compliance with the solar access requirement under the provisions of SEPP 65.  A meeting was held in August 2009 between Council officers and the applicant to discuss the proposal.  Subsequent to the meeting, the matter was reviewed by an independent architectural consultant and the applicant was advised of the comments accordingly.  The applicant made further amendments to the proposal in accordance with the independent consultant’s comments except for the roof form.  The amended plans were submitted to Council on 26 August 2009.  The amendments include:

 

·    Setback the eastern and western external walls to the ground floor and first floor of Block A and Block B by 450mm and use different materials.

·    Provision of vertical sunscreen to the western external walls to Units 1, 2, 7 and 8 in Block A and Units 24, 25, 30 and 31 in Block B.

·    Provision of external sunshading device to the northern elevation to Units 2, 5, 8 and 12 in Block A and Units 25, 28, 31 and 35 in Block B.

·    Provision of two (2) carwash bays in the basement parking level.

·    Repositioning of the laundry door to Units 1, 7, 16 and 19 in Block A and 24, 30, 39 and 42 in Block B.

·    Repositioning of the bathroom door to Units 3, 4, 9 and 11 in Block A and Units 26, 27, 32 and 34 in Block B.

·    Reconfiguration of the kitchen and laundry in Units 22 and 23 in Block A and Units 45 and 46 in Block B.

 

The applicant has also agreed that the following will be addressed at Construction Certificate stage and/or by way of conditions of consent:

 

·    Installation of rainwater tanks

·    Details of insulation for thermal and acoustic performance

·    Provision of louvre screens to the basement openings

·    Provision of ventilation to the basement parking level

 

Site and Surrounds

 

The development site is located on the southern side of Albert Street bounded by Werrington Road to the east (no access) and Parkes Avenue to the west.  Developments in the area consists a mix of single dwellings, two-storey townhouses and multi-unit housing of three to four-storey high. See Appendix No. 1 for Locality Plan. See Appendix No. 2 for the Site plan. Further plans will be provided to Councillors under separate cover.

 

The combined site area is 3,483sqm.  There is a dilapidated fibro cottage and two (2) outbuildings situated at No. 38 Albert Street.  No. 34 Albert Street is currently vacant.  There is no existing significant vegetation that contributes to the landscape quality of the site.

 

Proposed Development

 

The proposed staged development includes the following aspects:

 

·        Stage 1

Demolition of existing dwelling and outbuildings for the construction of a basement parking level containing fifty (50) resident parking spaces and ten (10) visitor parking spaces

 

·        Stage 2

Construction of Block B, a four-storey apartment building containing 4x1-bedroom, 17x2 bedroom and 2x3 bedroom units

 

·        Stage 3

(a)     Construction of Block A, a four-storey apartment building containing 4x1-bedroom, 17x2 bedroom and 2x3 bedroom units

(b)     Provision of associated landscaping

 

Planning Assessment

 

The proposal has been assessed with due regard to the following relevant legislation and planning instruments: -

 

·    Environmental Planning and Assessment Act, 1979

·    Sydney Regional Environmental Plan No. 9 – Extractive Industry (No. 2)

·    Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River

·    State Environmental Planning Policy No.55 - Remediation of Land

·    State Environmental Planning Policy - Building Sustainability Index (2004)

·    State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

·    Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998)

·    Penrith Development Control Plan 2006

 

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

 

Sydney Regional Environmental Plan No. 9 – Extractive Industry (No. 2)

 

The plan facilitates and promotes extractive industries and does not apply to this development application.

 

Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River (No. 2 – 1997)

 

The aim of the plan is to protect the environment of the Hawkesbury – Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. 

 

Comment

In view of the site is not located in a riverine scenic corridor, it is considered that the proposed development, subject to appropriate sediment and erosion control measures would have minimal impact on the river, its tributaries and surrounds. 

 

Accordingly, a standard condition is recommended to ensure the provision of sediment and erosion control measures prior to commencement of works.

 

State Environmental Planning Policy No. 55 (SEPP  55)

 

Remediation of Land

 

According to clause 7 of SEPP No. 55 Council may not consent to the carrying out of any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out.

 

Comment

It is not evident that potentially contaminating activities identified under the provisions of SEPP 55 have taken place on the site.  Therefore Council can be satisfied that the site is suitable for the proposed multi-unit housing development.

 

State Environmental Planning Policy - Building Sustainability Index (2004)

 

To encourage sustainable residential development, all new dwellings must comply with the provisions of State Environmental Planning Policy – Building Sustainability Index (BASIX).

 

 

 

Comment

The schedule of BASIX commitments is specified within the BASIX Certificate No. 234935M which accompanied the Development Application and is included in the recommended condition of consent.

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

The aims of the Policy are stated in Clause 2(3) and they relate to improving the design quality of residential flat development namely:

 

(a)     to ensure the development is a sustainable development

(i)    by providing sustainable housing in social and environmental terms, and

(ii)   by being a long-term asset to its neighbourhood, and

(iii)  by achieving the urban planning policies for its regional and local contexts, and

(b)     to achieve better built form and aesthetics of buildings and of the streetscapes and the public spaces they define, and

(c)     to better satisfy the increasing demand, the changing social and demographic profile of the community, and the needs of the widest range of people from childhood to old age, including those with disabilities, and

(d)     to maximise amenity, safety and security for the benefit of its occupants and the wider community, and

(e)     to minimise the consumption of energy from non-renewable resources, to conserve the environment and to reduce greenhouse gas emissions.

 

Comment

The design of proposal has taken into consideration:

 

·    the desired future character of the area particularly in relation to setbacks, height, bulk and scale, roof form, external finishes and colours

·    the amenity of the occupants of the units and the adjoining properties

·    the likely environmental impact of the proposal

·    the different needs of the community in terms of housing choice and community facilities

·    the environmental performance of the proposal

 

The applicant has also submitted a design verification statement in support of the development application.  In view of the above, Council can be satisfied that the proposal is consistent with the aims of this Policy.

 

Part 2 of the Policy outlines the design quality principles.  An assessment of the proposal against these principles is below.

 

Principle

Requirement

Comment

Principle 1: Context

Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

 

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

Perusal of Council’s records noted that the site was previously zoned Residential 2(a) under the provisions of the Penrith Planning Scheme.  The area is rezoned to 2(e) Residential (Medium-High Density) upon gazettal of LEP 1998 Urban Land.  The upzoning from Residential 2(a) to Residential 2(e) is considered to be a change of character being envisaged. 

 

A site inspection noted that developments in the area consist of a mix of single dwellings and multi-unit housing developments of different design, height, bulk and scale.  Although there is no predominant character, the proposal is consistent with the desired future character for the locality under the provisions of LEP 1998 Urban Land and in this case the 2(e) Residential (Medium-High Density) zone.

Principle 2: Scale

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

 

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

To comply with Council’s development standards and to ensure the development is sympathetic to the scale and character of the existing surrounding developments, the applicant has adopted the following design measures:

 

·    Setback the second and third floors from the lower levels

·    Design the building to ensure it is contained within Council’s prescribed building envelope

·    Provide a 6m rear setback

·    Provide landscaping in accordance with Council’s numerical requirement and ensure it reflects the character of traditional neighbourhoods

·    Incorporate modulation and articulation to the building façade by providing a combination of balconies, external sun-shading devices and pergolas to minimise the bulky facade

·    Use a combination of different external finishes and colours to minimise the building bulk

 

As stated earlier in the report, the matter was reviewed by an independent consultant who commented that the proposed hipped roof has added to the building bulk.  Although the development does not represent what might be termed as a “contemporary” building design, the applicant has incorporated design elements into the external appearance of the building that replicate and reflect buildings that exist within the immediate area. Many of the design responses that have been incorporated into the building have come about through discussions with Council officers and as such it is not recommended that a wholesale change to the roof pitch be advocated in this instance.

 

Principle 3: Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

It is considered that the proposed built form is consistent with this principle for the following reasons:

 

(a)   The building type is appropriate for the medium-high density residential zone

(b)   The proposal complies with Council’s building envelope, rear setback and landscape provisions.

(c)   The proposed 6.8m front setback and 3.665m side setback are sympathetic to the surrounding developments.

(d)   The vertical elements are proportional to the horizontal elements and the rhythm of window openings and balconies are comparable to the surrounding high-density developments.

(e)   The landscaped front setback with open style fencing, centralised secured entry to the buildings delineate the private domain from the public domain

(f)    The layout of the units, ceiling height and the building depth maximise sunlight penetration and cross ventilation and thereby enhance the amenity of the occupants of the building. 

(g)   Balconies are provided for outlook to Albert Street and common areas of the development and meeting outdoor recreation needs of the occupants

(h)   The external finishes and colours are sympathetic to the surrounding developments.

Principle 4: Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

 

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are c