27 November 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 30 November 2009 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 9 November 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

Policy Review Committee Meeting - 16 November 2009.

 

9.           DELIVERY PROGRAM REPORTS

 

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

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


 

 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

 



ORDINARY MEETING

 

Monday 30 November 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
Kevin Crameri OAM
North 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@

19

 

7

16#+

30@

27

18#

 

27

17

 

21

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 9 NOVEMBER 2009 AT 7:40PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 12 October 2009

354  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 12 October 2009 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor Councillor Kevin Crameri OAM declared:

 

a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 - Chapters 1, 2 and 3 as he owns property in an area covered by the report. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part during discussion on the item.

 

a  Non-Pecuniary Conflict of Interest – Significant in relation to recommendation number 10 of Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition in regard to the Llandilo fruit and vegetable store, as the operators of the shop are an acquaintance of his and any development of the shop could increase the value of his land. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part in the debate and discussion on the item.

 

Councillor Jim Aitken OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as he owns property in an area covered by the reports.

 

Councillor Jim Aitken OAM also declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 17- Council Property – Cranebrook Village Shopping Centre and CW 6 - Commercial Matter - Council property Cranebrook Village Shopping Centre as he is a Director of a company that leases a shop within the shopping centre.

 

Councillor Jackie Greenow declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition – Chapter 5  and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as she owns property in an area covered by the reports.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2, 3, 4 & 5 as he is a property owner or a shareholder in a property; a director or secretary of companies that are property owners; or an auditor or accountant for clients who are property owners in the areas under consideration.

 

Councillor Ross Fowler OAM also declared a Pecuniary Interest in Item 16 - Sponsorship Request for Australian Foundation for Disability Funathon as he is a Director of the Australian Foundation for Disability.

 

Councillor Ben Goldfinch declared  a Pecuniary Conflict of Interest –in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2, 3, 4 & 5 as he has relatives who own property in the areas covered by the report. Councillor Ben Goldfinch stated he would leave the meeting and take no part during discussion on these Chapters in the item.

 

Councillor Ben Goldfinch also declared a Pecuniary Interest in Item 13 - Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd;  Owner: Pipven Pty Ltd as the Harvey Norman Store (owned by Calardu Pty Ltd) has ordered insulation from a competitor of his business interests.

 

 

Councillor Marko Malkoc declared a Pecuniary Conflict of Interest – in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2 and 3 as his Uncle owns land in the Capitol Hill Estate.

 

Councillor Robert Ardill declared a Non-Pecuniary Conflict of Interest – Less than Significant in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Confidential Business Item 3 - Legal Matter - Class 4 Legal Proceedings - Development Application 08/1288 Chemist Warehouse - Shop 230 Patty's Place, Jamisontown as he works in the pharmaceutical industry and is required to make contact with his clients in this industry as a part of his employment.

 

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park as she is a user of the carpark.

 

Councillor Greg Davies declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition specifically Chapter 5and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation   – specifically Submission No 401 in Chapter 5 (Heritage listing – 16 & 18 Pages Road, St Marys), as he had exchanged voting preferences with one of the property owners at the last Penrith City Council local government election. 

 

Councillor Kaylene Allison declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition specifically chapter 5 and  Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage as she had exchanged preferences with one of the property owners at the last local government election. Councillor Allison also declared a pecuniary interest in Chapters 1,2 and 3 of Item 1 as her Uncle owns land in Kemps Creek.

 

SUSPENSION OF STANDING ORDERS

355  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:47 pm.

 

Procedural Motion – as Mr Sims’ submission had not been received by relevant Council Officers.

356  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that Mr Paul Sims be permitted to address Council on Item 12  – Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958I at the conclusion of Mr John Mullane’s address.

 

Mr John Mullane

 

Item 12  – Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958

 

Mr Mullane, the applicant’s consultant, spoke in support of the proposed development, stating that resident concerns regarding screening would be adequately addressed by SITA’s undertaking to construct a timber fence on top of the existing mound on the site, as well as planting of additional shrubs and trees on the southern side of the mound.  Mr Mullane also stated that the landfill operation closest to concerned residents would be completed within 6-12 months.

 

 

Mr Paul Sims

 

Item 12  – Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958

 

Mr Sims, an affected resident, spoke in opposition to the proposed alterations on the grounds of inadequacy of the proposed vegetated bund walls to sufficiently screen the direct views of the landfill activities of the development.  Mr Sims also requested that an additional condition be placed on the development, requesting that sufficient screening be installed within 6-12 months.  Mr Sims conveyed his appreciation for efforts of Council and staff in arranging mediation in this regard and acknowledged the participation and co-operation of the applicant in this regard.

 

 

Ms Felicity Rourke

 

Item 13 – Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd;  Owner: Pipven Pty Ltd DA09/0746

 

Ms Rourke, spokesperson for the applicant, spoke in support of the proposal, and stated that amendments have been made to the previous application to minimise the impact of the proposed development in terms of traffic, economic and visual impact.  Ms Rourke also outlined the potential economic and social benefits of the proposed development associated with the expansion within this designated regional bulky goods precinct and stated that it would be in the public interest to approve the proposal.

 

 

 

 

 

 

 

Mr Dan Brindle

 

Item 13 – Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd;  Owner: Pipven Pty Ltd DA09/0746

 

Mr Brindle, representing an objector, spoke in opposition to the proposed development, stating that it would have an adverse impact on the adjoining Homemaker Centre, resulting in the Centre not being able to operate in accordance with its consent.  Mr Brindle stated that the development would have adverse impacts on traffic and pedestrian safety along the southern boundary, as well as resulting in a loss of accessible car parking spaces.

 

357  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that an extension of time be granted to Mr Brindle, the time being 8:07 pm.

 

Mr Brindle concluded by seeking Council’s deferral of this matter to consider options for boundary conditions.  Mr Brindle also proposed that a different design would be more appropriate and would work better without causing disruption to neighbouring properties.

 

 

Mr Tim Atkins

 

Item 17 – Council Property - Cranebrook Village Shopping Centre

 

Mr Atkins, representing the Benjamin Group, spoke in opposition of the recommendation, requesting that the Benjamin Group be appointed as the successful tenderer for this proposal.  Mr Atkins outlined the advantages of the Benjamin Group’s tender and stated that it would provide Council and the community with the best value for money, the highest financial outcome and ensure that the tender objectives are met.  Mr Atkins concluded by seeking appointment as the preferred Tenderer for this project.

 

 

Ms Sharon Weston

 

Item 18  – Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia;  Owner: Kieu To and Thi Noh Pham DA08/0395

 

Ms Weston, an affected neighbour, spoke in opposition to the proposed development, in particular raising concerns in regard to the type of fencing proposed for the boundary with her property, citing maintenance reasons.  Ms Weston also expressed concerns related to noise issues with the number of children proposed to be attending the Centre, as well as stormwater and drainage issues.

 

 

 

 

 

 

 

Mr Keith Hawkins

 

Item 18  – Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia;  Owner: Kieu To and Thi Noh Pham DA08/0395

 

Mr Hawkins, an affected person, spoke in opposition to the proposed development.  Mr Hawkins raised concerns regarding issues with provision of reticulated sewer, stormwater, noise, and parking issues associated with dropping off and picking up children.  Mr Hawkins also expressed his concerns over the large scale of the development, and stated that it was not in keeping with the rural environment of the area.

 

RESUMPTION OF STANDING ORDERS

358  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that Standing Orders be resumed, the time being 8:29 pm.

 

 

Mayoral Minutes

 

1        Ripples awarded for excellence

Councillor Tanya Davies left the meeting, the time being 8:34 pm.

         

359  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the Mayoral Minute on Ripples awarded for excellence be received.

 

Councillor Tanya Davies returned to the meeting, the time being 8:36 pm.

 

3        Wall Hanging Exchange Commemorates Anniversary of Penrith City                           

360  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that the Mayoral Minute on Wall Hanging Exchange Commemorates Anniversary of Penrith City be received.

 

 

2        Past Mayors and General Managers come together for forum                                      

361  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Past Mayors and General Managers come together for forum be received, and that a letter of thanks be forwarded to John Bateman for his initiative for this Forum.

 

 

 

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 30 September 2009                                                                                                

362  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 30 September, 2009 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 7 October 2009   

363  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 7 October, 2009 be adopted. 

Councillor Greenow expressed her appreciation to the members of the Access Committee and the Council officers that supported the Committee during the last meeting, which resulted in the meeting being held efficiently.

 

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 12 October 2009                                                                                                                                     

364  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 12 October, 2009 be adopted.

 

Councillor Jim Aitken OAM requested that a letter of thanks be issued to all members of the Local Traffic Committee for their ongoing commitment to the Committee.

 

 

4        Report and Recommendations of the Policy Review Committee meeting held on 19 October, 2009                                                                                                                                     

365  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 October, 2009 be adopted.

 

Having previously declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 Councillors Jim Aitken OAM, Ross Fowler OAM, Kaylene Allison, Ben Goldfinch, Marko Malkoc and Jackie Greenow left the meeting, the time being 8:47 pm.

His Worship the Mayor, Councillor Kevin Crameri OAM, called for nominations from Councillors to Chair the meeting for consideration of Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009.

 

Having previously declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 His Worship the Mayor, Councillor Kevin Crameri OAM vacated the Chair and left the meeting, the time being 8:48 pm.

 

366  RESOLVED on the MOTION of Councillor Greg Davies seconded Karen McKeown that Councillor John Thain chair the meeting at this point, the time being 8:48 pm.

 

5        Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009

 

Councillor John Thain then took the Chair for consideration of Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 with the exception of Item 1- Chapter 5, Item 2 and Item 3 of the Confidential Business. 

 

367  RESOLVED on the MOTION of Councillors Kath Presdee seconded Councillor Mark Davies that, in regard to pg 37, submission 455:

Recommendation 2 be amended to read:  “the land to the north of the flood planning level be deferred to LEP 2010 Stage 2”.

Recommendation 3 be amended to read:  “The flood planning level for the property as a whole be determined with reference to the cumulative flood study and modelling currently being undertaken by Hydraulic Engineers, Worley Parsons.”

 

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ben Goldfinch

 

 

368  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that on page 34, in respect of the Dunheved High Explosives Conservation Area, recommendations 1 and 2 be substituted with the following:

“1.     Council does not support the inclusion of the land within what was described as the ‘Dunheved High Explosives Heritage Conservation Area’ in Schedule 5 and the related maps of Draft Penrith Local Environmental Plan 2008.

 

  2.     The land referred to in Item 1 above be retained in draft Penrith Local Environmental Plan 2008 for the purpose of defining all other zoning provisions and planning controls.”

 

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ben Goldfinch

 

 

 

369  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that on page 43, in respect of the Penrith Commuter Carpark, recommendation 2 be deleted and the following inserted:

 

“That Council endorse a fresh tender process (with an open tender) for the Penrith Commuter Carpark project, and that Council not continue with the previous selective tender process as resolved at the Ordinary Council Meeting held on 12 October 2009.”

 

370  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 be adopted, with the exception of Chapter 5 of Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition, Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition  and Item 3 of Confidential Business – Legal Matter – Class 4 Legal Proceedings – Development Application 08/1288 Chemist Warehouse – Shop 230 Patty’s Place, Jamisontown.

 

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ben Goldfinch

 

 

His Worship the Mayor, Councillor Kevin Crameri OAM and Councillor Marko Malkoc returned to the meeting, the time being 8:56 pm.

 

Councillor Greg Davies left the meeting, the time being 8:56 pm.

 

Councillor John Thain then vacated the Chair and His Worship the Mayor, Councillor Kevin Crameri OAM returned to the Chair at 8:56 pm.

 

 

 

371  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee that Item 1 (Chapter 5) -  Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition, Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition (Chapter 5)  and Item 3 of Confidential Business – Legal Matter – Class 4 Legal Proceedings – Development Application 08/1288 Chemist Warehouse – Shop 230 Patty’s Place, Jamisontown.

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

 

Councillors Jackie Greenow, Kaylene Allison, Jim Aitken OAM, Ben Goldfinch and Ross Fowler OAM returned to the meeting, the time being 8:58 pm.

 

Procedural Motion

372  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the order of business be amended as follows:

  • Item 15 be considered before Item 11
  • Item 17 be considered after Item CW6
  • Item 18 be considered after Item CW5
  • Item 13 be referred to Committee of the Whole and then be considered after Confidential Business has been concluded.

 

 

 

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Council Property - Lease of Land in Harris Street, North St Marys to Transport Infrastructure Development Corporation for the Purpose of a Multi Deck Car Park   

373  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies

That:

1.     The information contained in the report on Council Property - Lease of Land in Harris Street, North St Marys to Transport Infrastructure Development Corporation for the Purpose of a Multi Deck Car Park be received.

2.     Council agree to the lease of the existing car park located at 32-52 Harris Street North St Marys described as Lot A DP152452, Lot B DP152452, Lot C DP152452, Lot 1 DP1127305, Lot 2 DP1127305, Lot 195 DP 31912 and adjacent roadway to Transport Infrastructure Development Corporation at a rental figure of $1.00 per annum plus GST.

3.     Transport Infrastructure Development Corporation agree to a Sublease with Council over part Lot A DP152452 for a leased premises at a rental figure of $1.00 per annum plus GST.

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

 

 

2        Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park                          

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

That:

1.     The information contained in the report on Council Property - Lease of Land in Victoria Street Werrington to Transport Infrastructure Development Corporation for the Purpose of a Constructed Car Park be received.

2.     Council agree to the lease of the existing car park located at 88-90 Victoria Street described as Part Lot 2 DP730041, Lot 1 DP913274 and Lot 1 DP114508 to Transport Infrastructure Development Corporation at a rental figure of $1.00 per annum plus GST.

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

 

 

 

 

3        Council Meeting Calendar for 2010

Councillor John Thain left the meeting, the time being 9:02 pm.                                                         

375  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Council Meeting Calendar for 2010 be received.

2.     The draft Meeting Calendar for 2010 be adopted, with the following amendment – the Ordinary Meeting scheduled for 17 May 2010 now be held on 24 May 2010.

 

4        2009 Local Government Association Annual Conference                                                

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

That:

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

2.     Council write to the President of the Local Government and Shires Associations expressing concerns of media reports that Motion 150 from the Conference was in some way connected to the hypothecation of landfill levies. 

 

5        Regional and Local Community Infrastructure Program Round 2 2009-10: Council's Allocation of $721,000

Councillor John Thain returned to the meeting, the time being 9:06 pm.

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

That:

1.     The information contained in the report on Regional and Local Community Infrastructure Program Round 2 2009-10: Council's Allocation of $721,000 be received.

2.     Council endorse the preparation and submission of six projects for the RLCIP: Berkshire Park Hall Precinct $219,000; New and Replacement Park Play Equipment Program $145,000; Great River Walk Decks $75,000; Werrington Downs Fitness Trail Construction $60,000; Children’s Services Playground Upgrades $140,000.

3.     Council endorse the preparation and submission of two projects as additional nominations to the RLCIP: New and Replacement Play Equipment $100,000; Great River Walk Deck and Steps $135,000.

4.     A memo be sent to all Councillors outlining what seating has been supplied in parks where there is play equipment.

 

 

6        Summary of Investments & Banking from 1 September 2009 to 30 September 2009   

378  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies

That:

1.   The information contained in the report on Summary of Investments & Banking from 1 September 2009 to 30 September 2009 be received.

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

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

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

 

 

 

A City of Opportunities

 

7        Community Builders Funding Program (formerly known as Western Sydney Area Assistance Scheme)                                                                                                                               

379  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jackie Greenow

That:

 

1.      The information contained in the report on Community Builders Funding Program (formerly known as Western Sydney Area Assistance Scheme) be received.

 

2.      Councillors Tanya Davies and Prue Guillaume be acknowledged and thanked for their contribution to the 2008/09 WSAAS Local Ranking Committee.

 

3.      Council write to the relevant Minister concerning the Community Builders Funding Program expressing concern that the State Labor government excludes local representatives and Councillors from the process, and requesting the reinstatement of the previous structure which includes the input of local representatives and councillors.

 

4.      Council write to Local Members of Parliament seeking their support and directly lobby the responsible Minister in this matter.

 

 

 

 

 

 

8        Glenmore Park Child and Family Centre - Operational Matters                                    

380  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Glenmore Park Child and Family Centre - Operational Matters be received.

2.     The proposed fees and charges in the attachments be endorsed for public exhibition.

3.     A further report be presented to the Council after the public exhibition period presenting any public submissions received.

 

 

A LIVEABLE CITY

 

15      Penrith Park and Howell Oval Redevelopment                                                                

381  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the information contained in the report on Penrith Park and Howell Oval Redevelopment be received.

 

 

A Green City

 

11      Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith District Rugby League Football Club Ltd;  Owner: Department of Land and Water Conservation DA09/0747

382  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received.

2.     Development Application DA09/0747 for Upgrade Works to Penrith Stadium in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received be approved subject to the following conditions:

          Standard Conditions

2.1     A001          Approved plans

            A008          Works to BCA requirements

A012                    Food shop

A019                    Occupation Certificate

A026                    Advertising signs

A039                    Graffiti

A046                    Obtain Construction Certificate before commencement of                  works

B001                    Demolition of existing structures

B002                    Australian Standard for demolition and disposal to                              approved landfill site

B003                    Asbestos

B004                    Dust

B005                    Mud/soil

B006                    Hours of demolition work

D001          Implement approved sediment and erosion control          measures

D005                    No filling without prior approval

D006                    Validation of fill material

D007                    Filling of land

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E01A                    BCA compliance (Class 2-9)

E002                     BCA issues to be addressed

E006                     Disabled access and facilities

E009                     Annual fire safety

F001                     Food shop construction and plans

G002                    Section 73

G004                    Integral Energy

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

H002                    Provision of site facilities prior to commencement of                  construction works

H006                    Implement waste management plan

H041                    Hours of construction work

L001                     Approved landscaping plans

L002                    Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L008                     Tree preservation order

L010                     Tree protection measures

L012                     Retain and maintain existing landscaping

P001                     Costs

P002                     Fees associated with Council land

Q001                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Special Conditions

2.2     The development shall comply with the following community safety and CPTED (Crime Prevention Through Environmental Design) matters:

(a)  All buildings within the complex should be fitted with a back‑to‑base alarm monitoring system.

(b)  A closed-circuit television (CCTV) system should be installed with coverage provided to key areas within the complex, including entry/exit points and ticket booths.

(c)  All doors and windows within the complex should be fitted with appropriate security locks and fittings to restrict access to unauthorised persons.

(d)  Toilet facilities should be securely locked when not in use.

(e)  Entrances to toilet blocks should be highly visible with minimal screening to avoid potential entrapment and/or concealment opportunities.

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

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

(h)  There should be a gap between toilet doors and the floor and between toilet doors and the ceiling.

(i)   The creation of areas where items such as drug paraphernalia can be hidden should be avoided (e.g. suspended ceilings).

(j)   Toilet fittings should be flush with walls to avoid tampering or stashing of items.

(k)  All areas within the complex should be well lit in accordance with relevant Australian Standards.

(l)   All lighting should be vandal resistant where practical.

(m) Lighting should be consistent to reduce contrast between shadows and illuminated areas.

(n)  Lighting should be contained within the property boundary and no light should be projected upwards.

(o)  In order to improve surveillance, provide clear lines of sight and avoid concealment areas in public areas, dense vegetation and shrubs with top to bottom foliage should be avoided.

(p)  Graffiti resistant paints/surfaces should be used on the external surfaces of the development to minimise opportunities for graffiti and vandalism.

(q)  Sturdy, vandal resistant materials should be used for fixtures such as lighting, seating and bins to reduce the risk for graffiti.

(r)  Any graffiti or malicious damage to the building should be reported to the Police and removed rapidly to discourage repeat incidents.

2.3     In order to ensure that the “green facade” to the southern elevation of the southern football pavilion achieves the necessary growth and vigour to reduce the visual impact of the building and to aid as a barrier to graffiti and vandalism, details of the proposed climber vine species and a maintenance plan shall be submitted and approved prior to the issue of the Construction Certificate.

2.4     Each of the recommendations relating to the development contained in the Access Review dated 30 July 2009 prepared by Morris-Goding Accessibility Consulting shall be incorporated into the Construction Certificate plans for the development. Certification from a suitably qualified accessibility consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of the Occupation Certificate.

2.5     Signage visible to patrons arriving at the southern entry to Penrith Stadium shall be erected advising that “accessible seating is not available from this entrance”.

2.6     Each of the recommendations contained in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management shall be implemented at the relevant stages of the development works. Leaf mulch shall be applied at 75mm thickness in tree protection areas.

2.7     Approval is granted for the removal of Trees 1, 2 and 3 as identified in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management. Super advanced mature replacement trees shall be planted in this location prior to the issue of the Occupation Certificate. Trees 4, 5 and 6 shall be retained and protected.

2.8     No construction activities, including the storage of materials or parking of vehicles, are to be carried out under the canopy of any existing trees to be retained on the site.

2.9     All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

2.10   Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

2.11   A Construction Certificate shall be issued by a Certifying Authority to include the following civil works:

(a) Stormwater drainage.

Civil drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

2.12   Stormwater drainage shall be discharged to:

(a) The existing site drainage system.

The proposed stormwater drainage system shall be designed to ensure no adverse impact on adjoining properties by the diversion or concentration of stormwater flows. The proposed method of stormwater discharge shall be detailed in the Construction Certificate issued by the Certifying Authority.

2.13   Prior to the commencement of works on site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

2.14   Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

2.15   Prior to the connection of private drainage to Council’s drainage system, an inspection is to be carried out by Penrith City Council’s Development Engineering Unit. A fee will be charged in accordance with Council’s adopted fees and charges, and is to be paid prior to the inspection.

2.16   All filling shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Australian Standard 3798.

2.17   Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and relevant conditions of the development consent.

2.18   Prior to the issue of the Occupation Certificate, a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed.

 

2.19   The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed.

2.20   The Food Handling Guidelines for Temporary Events must be complied with for all temporary food stalls.

2.21   An inspection from Council’s Environmental Health Department will be required prior to the operation of the development. The proprietor shall contact the Environmental Health Department at the appropriate time to organise an appointment for the inspection.

2.22   Details of the proposed perimeter fence re-alignment shall be submitted and approved prior to the issue of the Construction Certificate.

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

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

9        Landcare Mobilemuster grant                                                                                           

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

That:

1.     The information contained in the report on Landcare Mobilemuster grant     be received.

2.     Grant funding of $20,000 offered to Penrith City Council by Landcare Mobilemuster grant be accepted.

3.     Council write to Landcare Mobilemuster accepting the grant and its conditions and thanking them for the opportunity to access important environmental funding.

 

 

10      Waste and Sustainability Improvement Payments                                                           

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

That:

1.     The information contained in the report on Waste and Sustainability Improvement Payments be received.

2.     The projects developed in this report be submitted to the Department of Environment, Climate Change and Water as identified projects that be funded from the Waste and Sustainability Improvement Payments.

3.     Unexpended funding of $277,951 be transferred to a reserve for use in future years projects, together with additional Waste and Sustainability Improvement Payments received.

4.     The unexpended funding, if eligible, be placed in the Sustainability Revolving Fund.

5.     Council receive an update of the status of the Revolving Fund including money added and expended to the Fund.

 

 

12      Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958

 

Councillor Mark Davies left the meeting, the time being 9:25 pm.

 

385  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek be received

2.     Development Application No. 08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek be approved subject to the following:

2.1       Amended Condition No 6 to read:

 

Development is to take place as specified within the Environmental Impact Statement prepared on behalf of the applicant by R W Corkery and Co Pty Ltd and Planners North Pty Ltd and submitted to Council as part of the development application on Council's file D25050/13602 DA 2 except where amended or altered by these conditions or the Landfill Environmental Management Plan dated 1 January 1998 defined in EPA licence No 004585 dated 11 October 2000 as approved by Council in the modification of this consent or Drawing No. 21-17412-C005, dated 08.05.08 prepared by GHD and entitled “Proposed Landfill Contours Increase of Depth of Fill over DA Contours” or as directed otherwise by Council from time to time

 

2.2     Insert the following Special conditions:

 

2.2.1  The proposal is to operate in accordance with the license issued         by the Department of Environment, Climate Change and Water           at all times

 

Construction of a timber fence on top of the existing earth bund along the southern boundary in accordance with the plan stamped and approved with the section 96 application. The fence height is to be either 1.8m or 2.0m following discussions with the adjoining property owner to the south. The fence is to be constructed within 2 months from the date of the approved granted for the section 96 application.

 

Suitable landscaping is to be planted along the southern side of the bund wall along the southern property boundary in the vicinity of the timber fence required by the above condition. The species are to be similar to the other planting undertaken on the northern side of the bund wall. The landscaping is  to be maintained at all times and any plantings that dies are to be replaced.

 

2.2.2  The landfill operation adjacent to Lot 1 DP 240718, 1783 Elizabeth Drive, Badgerys Creek should be completed with 12 months from the date of this modification.  The area will then be capped in accordance with the modification consent and the Landfill Environmental Management Plan.

 

3.     The applicant and those making a submission be informed of Council’s decision.

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor 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

 

14      Proposed Fees and Charges - St Marys Memorial Hall                                                  

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

That:

1.     The information contained in the report on Proposed Fees and Charges - St Marys Memorial Hall be received.

2.     The proposed fees and charges in the attachments be endorsed for public exhibition.

3.     A further report be presented to Council after the public exhibition period presenting any public submissions received.

 

 

A Vibrant City

 

Having previously declared a Pecuniary Interest in Item 16 Sponsorship Request for Australian Foundation for Disability Funathon Councillor Ross Fowler OAM left the meeting, the time being 9:28 pm.

 

16      Sponsorship Request for Australian Foundation for Disability Funathon                       

387  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Sponsorship Request for Australian Foundation for Disability Funathon be received;

2.     Council approve providing sponsorship of $5,000 from the City Marketing and Sponsorship budget to the Australian Foundation for Disability for the Funathon Event on 13 November 2009.

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 9:30 pm.

 

 

 

 

 

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Charity Trivia Night                                                                                                  

Councillor Marko Malkoc requested that an amount of $400 (to be contributed equally from South, North and East Ward voted works) be allocated to the hire of the Harold Corr Hall, for the Charity Trivia Night being held on 20 November 2009 for fundraising to train an Autism Assistance Dog.

388  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

389  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that an amount of $400 (to be contributed equally from South, North and East Ward voted works) be allocated to the hire of the Harold Corr Hall, for the Charity Trivia Night being held on 20 November 2009 for fundraising to train an Autism Assistance Dog.

 

QWN 2      Autism Assistance Dogs                                                                                           

Councillor Jim Aitken OAM requested a report to Council investigating whether Autism Assistance Dogs have the same rights as Guide Dogs for the Blind.

 

QWN 3      Provision of Park Benches and Shade Trees at Playgrounds                                 

Councillor Tanya Davies requested a report to Council detailing the costs and plans by Council to support the provision of park benches and shade trees at all Council owned playgrounds throughout the City, both existing and new.

 

Councillor Mark Davies returned to the meeting, the time being 9:32 pm.

 

QWN 4      Active Councillor Request List                                                                                

Councillor Tanya Davies requested a memo reply detailing the criteria for Councillor Requests to be included on the Active Councillor Requests report. Councillor Davies indicated that the report did not contain a number of issues that she considered had not been finalised.

 

QWN 5      Donation for CWA Wall Hanging                                                                            

Councillor Ross Fowler OAM requested that an amount of $450 (to be contributed equally from South, North and East Ward voted works) be allocated to the CWA to cover the cost of the wall hanging donated to Council.

 

390  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

391  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that an amount of $450 (to be contributed equally from South, North and East Ward voted works) be allocated to the CWA to cover the cost of the wall hanging donated to Council.

 

 

QWN 6      Sensor to detect Graffiti                                                                                           

Councillor Jim Aitken OAM requested a memo reply addressing the possibility of placing graffiti sensors in graffiti trouble spots around the City, so that this activity may be detected by Police or security.

 

QWN 7      Parking - Coles, St Marys                                                                                        

Councillor Jackie Greenow requested a memo reply concerning parking issues outside Coles in Phillip Street, St Marys and noting that the Post Box has been removed, but the No Stopping/Parking sign has remained.

 

QWN 8      Victoria Park, St Marys                                                                                           

Councillor Jackie Greenow requested a memo reply on the possibility of providing seating in Victoria Park, St Marys along Pages Road.

 

QWN 9      Commendation of Staff                                                                                             

Councillor Greg Davies commended City Works Manager, Hans Meijer, and his staff for their prompt attention to an elderly resident’s request for the trimming of a number of trees in St Clair. 

 

QWN 10    Thanking Council Staff                                                                                             

Councillor Karen McKeown thanked the Council staff from the Public Domain Amenity & Safety Department for their efforts in cleaning up the roadside along Mulgoa Road up to Mulgoa Park where rubbish had been dumped along the way.

 

QWN 11    McDonalds McHappy Day - Saturday 14 November 2009                                   

Councillor Greg Davies requested that an amount of $500 (to be contributed equally from South, North and East Ward voted works) be allocated to McDonalds to cover the hire of a stage for presentations on McHappy Day, to be held on Saturday 14 November 2009.

 

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

 

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

 

 

 

 

393  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that an amount of $500 (to be contributed equally from South, North and East Ward voted works) be allocated to McDonalds to cover the hire of a stage for presentations on McHappy Day, to be held on Saturday 14 November 2009.

 

QWN 12    Parking Fines                                                                                                            

Councillor Mark Davies requested a memo reply on the status of parking fines in carparks due to the resurfacing of the Belmore Street Car Park.

 

QWN 13    E-Waste Recycling Facilities                                                                                   

Councillor Karen McKeown requested a report to Council advising if there are any E-Waste recycling facilities in the Penrith Local Government Area and detailing how Council can ban E-Waste to landfill throughout the City, as well as how E-Waste can be recycled.

 

Councillor Greg Davies left the meeting, the time being 9:46 pm.

 

QWN 14    Regional Infrastructure Program                                                                             

Councillor Prue Guillaume congratulated Council officers on the projects submitted for funding consideration by the Federal Government, under the Regional Infrastructure Program, especially the accessibility upgrade at Castlereagh Street, Penrith, and the provision of playground equipment at Grassmere Street, South Penrith.

 

QWN 15    Electricity Charges                                                                                                   

Councillor Kevin Crameri OAM requested a report to Council on the current cost of electricity, outlining the reasons for the recent increase in costs.

 

 

Committee of the Whole

 

394  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:51 pm.

 

Councillor Greg Davies returned to the meeting, the time being 9:52 pm.

 

1        Presence of the Public

 

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

 

 

 

 

 

A Leading City

 

2        Legal Matter - Erskine Business Park - Paclib                                                                

 

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

 

3        Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys                                                                                                     

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys                                                                  

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

A Green City

 

5        Legal Matter - Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia;  Owner: Kieu To and Thi Noh Pham                                                                 DA08/0395

 

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

 

 

A Leading City

 

6        Commercial Matter - Council property Cranebrook Village Shopping Centre              

 

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 10:41 pm and the General Manager reported that the Committee of the Whole met at 9:52 pm on 9 November 2009, the following being present

 

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

 

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

 

CONFIDENTIAL BUSINESS

 

2        Legal Matter - Erskine Business Park - Paclib                                                                

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

CW2 That:

1.     The information contained in the report on Legal Matter - Erskine Business Park - Paclib  be received.

2.     Payments be made in accordance with the recommendations in the conclusion of the report.

 

3        Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys                                                                                                     

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies

CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Leasing of Proposed Coffee Shop within 225-227 Queen Street, St Marys be received.

2.     Council grant a 5 year lease with a 5 year option to the proposed tenant in accordance with the terms and conditions as outlined in the report.

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

 

 

4        Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys                                                                  

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc

That the information contained in the report on Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be received.

 

 

Procedural Motion - Recommittal of Item CW4 - Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys

 

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

 

CW4  That Item CW4 - Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be recommitted for consideration of Committee of the Whole.

 

 

Commercial Matter - Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys

 

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

CW5  That:

1.       The information contained in the report on Commercial Matter – Council Property - New Licence Agreement over part of The Queen Street Centre at 209 Queen Street, St Marys be received.

2.     A further report be presented to Council on the future position for the reported licence agreement, including details of the business plans, audience coverage etc.

 

5        Legal Matter - Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia;  Owner: Kieu To and Thi Noh Pham                                                                 DA08/0395

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

CW6 That the information contained in the report on Legal Matter - Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook be received.

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 Kevin Crameri OAM

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

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        Commercial Matter - Council property Cranebrook Village Shopping Centre              

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Tanya Davies

CW7  That the information contained in the report on Commercial Matter - Council property Cranebrook Village Shopping Centre be received.

 

Councillor Ben Goldfinch left the meeting, the time being 10:35 pm.

 

13      Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd;  Owner: Pipven Pty Ltd                    DA09/0746

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

CW8  That the information contained in the report on Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta be received.

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

ADOPTION OF Committee of the Whole

 

395  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, , CW5, CW 6, CW7 and CW8 be adopted.

 

Councillor Ben Goldfinch returned to the meeting, the time being 10:42 pm.

 

 A GREEN CITY

 

13      Development Application DA09/0746 Proposed Alterations and Additions to Existing Bulky Goods Retail  Centre at Lot 10 & 11 DP 1046110 (No. 13 - 23) Pattys Place, Jamisontown - Supacenta. Applicant: Pipven Pty Ltd;  Owner: Pipven Pty Ltd                    DA09/0746

 

Councillor Ben Goldfinch left the meeting, the time being 10:46 pm.

Councillors Karen McKeown and Prue Guillaume left the meeting, the time being 10:47 pm.

Councillor Karen McKeown returned to the meeting, the time being 10:49 pm.

Councillor Prue Guillaume returned to the meeting, the time being 10:51 pm.

 

396  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.      The subject Development Application be approved, subject to the imposition of the following conditions:

                   Standard Conditions

 

A001 - Approved plans that are architecturally drawn:

 

                   Architectural Plans :

 

§ Proposed DA Plan Ground numbered DA 2-A-052 Rev D, drawn by Quattro Design and dated 21/09/2009,

§ Proposed Landscape Detail numbered DA 2-A-020- Rev A, drawn by Quattro Design and dated 5/08/2009,

§ Proposed DA Plan Roof numbered DA 2-A-053- Rev A, drawn by Quattro Design and dated 21/07/2009,

§ Proposed Building Elevations numbered DA 2-A-200- Rev A, drawn by Quattro Design and dated 5/08/2009,

§ Proposed Building Sections numbered DA 2-A-250- Rev, drawn by Quattro Design and dated 5/08/2009,

§ Works in Progress Site Plan Ground, numbered DA 2-A-004 Rev A, drawn by Quattro Design and dated 6/08/2009,

§ Pedestrian & Vehicular Circulation Plan, numbered DA 2-A-025 Rev B, drawn by Quattro Design and dated 13/08/2009,

§ Carpark Plan Basement and Ground, numbered DA 2-A-750 Rev B, drawn by Quattro Design and dated 17/09/2009

§ Basement Car Park Recommended Static Sign Locations, unnumbered, drawn by Parking Consultants International and dated May 16, 2009.

 

                        Civil Engineering Plans

 

§ Overall Plan numbered 08497 _DA2- C100 Rev 01, drawn by Quattro Design and dated 3/08/2009

§ Detail Plan 1 numbered 08497_DA2_C102 Rev 02, drawn by Quattro Design and dated 16/09/2009

§ Detail Plan 2 numbered 08497_DA2_C103 Rev 01, drawn by Quattro Design and dated 3/08/2009

§ Catchment Plan numbered 08497_DA2_C104 Rev 01, drawn by Quattro Design and dated 3/08/2009

§ Sediment Erosion Control Details numbered 08497_DA2_SE01-SE02 Rev 01, drawn by Quattro Design and dated 3/08/2009

§ Treatment to intersection of Mulgoa & Blaikie Roads numbered 08325_SK_C003 Rev 01, drawn by Henry & Hymas and dated 18/06/2008

§ Intersection of Mulgoa Rd & Blaikie Rd External Works plan numbered 08497_CC_EX01 Rev D drawn by Quattro design and dated 23/06/2009

§ Elsholz Concrete Kerb Median and Nearside Installation Sections/ Profiles numbered MD.R132.D03.A.1 drawn by the Roads and Traffic Authority NSW and dated January 1997.

 

                  Electrical Plans

 

§ Electrical Drawings numbered 2014- E01-E08 Rev A, drawn by Quattro Design and dated 21/07/2009.

 

                  Landscape Plans

 

§ Landscape Plans numbered DA MP L001-L003 Issue B, drawn by Site Image Landscape Architects and dated 3/08/2009.

§ Landscape Plan numbered DA-MP-L001 Issue C, drawn by Site Image Landscape Architects and dated 26/07/2007.

§ Landscape Detail & Specification Notes numbered DA-MP-L004 Issue A, drawn by Site Image Landscape Architects and dated 26/07/2007.

§ Detailed Landscape Plans numbered DA- MP-002 Issue A, and DA- MP-003 Issue B drawn by Site Image Landscape Architects and dated 26/07/2007.

 

A013 - Surrender of Consent – DA07/1418 – Prior to issue of a CC

A017 - DA for use

A019 - Occupation Certificate

A026 - Advertising sign

A032 - Goods in buildings

A038 - Lighting locations

A039 - Graffiti

A046 – Construction Certificate

B002 - AS for demolition and disposal to approved landfill site

B004 - Dust

B005 - Mud/Soil

D001 - Implement approved sediment & erosion control measures

D006A - No filling without prior approval

D009 - Covering of waste storage area

D010 - Appropriate disposal of excavated or other waste

D014 - Plant and equipment noise
D023 - Bunding

E01A - BCA compliance for Class 2-9

E003 - Structural alterations

E006 - Disabled access and facilities

E009 - Annual fire safety-essential fire safety

G002 - Section 73

G004 - Integral Energy

H001 - Stamped plans & erection of site notice

H002 - All forms of construction

H041 - Hours of work

K027 - Car parking

K033 - Customer parking sign

L001 - General landscaping

L002 - Landscape construction

L003 - Report requirement

L005 - Planting of plant material

L006 - AS requirements

L008 - Tree Preservation Order

Q01F - Notice of Commencement & Appointment of PCA

Q006 - Occupation Certificate for Class 2-9

 

          Special Conditions

 

2.01     The following matters shall be adhered to at all times throughout the operation of the development: -

 

·    No trucks larger than a medium rigid classification, as defined by AS2890.2, are to access the development from Pattys Place, in this regard signage at both Patty’s Place and the Wolseley Street roundabout should be installed by the applicant.

·    Wheel stops should be installed in accordance with AS 2890.1.2004 in all parking spaces where a vehicle may overhang a footpath or other travel lane

·    All travel lanes in the car park shall be designed to cater for 2 way movement. Refer to AS 27890.1.2004 S2.3.2

·    All line marking, and sign posting shall be provided at all roundabouts associated with the development in accordance with RTA and Austroads requirements.

·    “Giveway” signs and hold lines should be provided adjacent to the basement entry ramp and at the left slip lane at the north east corner of the proposed new building.

·    The proposed signage on the roundabout in Patty’s Place shall be designed and installed to ensure sight distance is achieved in accordance with appropriate standards for all vehicles on and approaching the roundabout.

 

2.02     Matters detailed in the Sydney Regional Development Advisory Committee’s letter dated 1 October 2009 that is appended to this consent shall be complied with throughout the relevant stages of the development.

 

2.03     Pedestrian access shall be addressed at the following locations on the subject site: -

           

·    North eastern corner of the proposed addition adjacent to Anaconda;

·    Pedestrian ramp from the basement and verandah facing east of the existing building in front of Decorug;

·    Across Pattys Place to the north of the existing roundabout; and

·    Across the exit point from the basement car park to Pattys Place.

 

Appropriate line markings by way of pedestrian crossings and direction signage shall be installed where necessary to ensure safe pedestrian movement throughout the site and surrounds.

 

2.04     Customer seating shall be provided in regular spaced intervals within the mall corridor of the development.

 

            During the construction of the subject development, access to the satisfaction of the NSW Fire Brigades, must be provided to and around the existing building to facilitate fire brigade intervention in accordance with Clause CP9 of the Building Code of Australia (Volume 1). Documentary evidence of the NSW Fire Brigades approval of the access arrangements shall be submitted to Council prior to the issue of the Construction Certificate for the subject development.

 

            The following matters shall be complied with at all times: -

 

Lighting

·   Lighting shall be ‘vandal resistant’ to limit breakage and vandalism.

·   Lighting shall take into account all vegetation and landscaping in the car park and pedestrian pathways.

·   Lighting shall be designed in accordance with Australian Standards.

·   All loading docks shall be well lit.

·   All entries/exits to centre shall be well lit.

·   All lighting shall be white light to the relevant Australian standards.

·   Lighting shall be consistent in order to reduce the contrast between shadows and illuminated areas.

·   Lighting shall be contained within the property boundary and no light shall be projected upwards.

 

 

·   Pedestrian access routes shall be well lit by lighting levels (Category P3), making pedestrian routes clearly identifiable throughout the parking areas

 

Car Parking – ground level

·    Pedestrian crossing locations will be identified within the car park as required.

·    Regular gardening maintenance is to be undertaken in the car park to ensure that foliage does not obscure sight lines.

·    Landscaping must not conceal the pedestrian entry and exit points to the car park.

 

Landscaping

·    Vegetation with top to bottom foliage should be avoided, low ground cover or high canopied vegetation is preferred. 

·    Medium height (between 1and 2 metres in height) planting should be avoided as it provides concealment opportunities.

 

                 Communal/Public Areas

·    No seating is permitted in communal or public areas near or adjacent to ATM’s, public phone boxes, and toilets, or within corridors.

·    Subject to compliance with the preceding bullet point, seating is to be provided in active use areas.

 

                 Security

·    The centre shall be fitted with a back to base alarm system for after hours security.

·    Particular attention should be given to security of entry/exit points of the building and loading dock areas. 

·    All windows and other external glazed surfaces on the ground floor must be made of toughened glass to reduce the opportunities for break and enter offences.

·    Decorative styled bollards shall be installed in front of plate glass windows and doors (removable at doors) to prevent opportunities for “ram raids”.

·    Entrances to public toilets will be clear of all screening to allow surveillance by members of the public, centre staff and security.

 

                 General

·    Trade waste bins are not to be accessible to the public or left unsupervised for collection.

·    The finishes of all structures and buildings are to be maintained at all times and any graffiti or vandalism shall be immediately removed/repaired.

 

2.05     During the construction of the subject development, the fire hydrant system for the existing building must facilitate the needs of the NSW Fire Brigades in accordance with Clause EP1.3 of the Building Code of Australia (Volume 1). Documentary evidence of the NSW Fire Brigades approval of the fire hydrant arrangements shall be submitted to Council prior to the issue of the Construction Certificate for the subject development. 

 

2.06     A minimum 1 metre wide clear path of travel from the existing building’s eastern mall exit shall be provided in alternative directions to open space, during construction of the subject development. A hoarding shall be provided to protect persons using this exit to the satisfaction of Council, until the issue of the final occupation certificate. Adequate lighting, emergency lighting and illuminated exit signs shall be provided in the hoarding in accordance with Clauses E4.2, E4.5, E4.6 & F4.4 of the Building Code of Australia.

 

2.07     During the construction of the subject development, there shall be no interference with the fire safety measures in the existing building at all times when the building is normally occupied, unless approved by Council in writing.

 

2.08     The applicant shall provide 60 parking spaces for the use of staff of Harvey Norman and Domayne employees only.

 

2.09     Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

 

2.10     Stormwater runoff from car parking areas shall be directed to a stormwater pre-treatment system.  The treatment devices shall be designed to remove the following pollutant loadings:

 

·    90% Litter

·    85% Suspended Solids

·    65% Phosphorous

·    45% Nitrogen

·    90% Oil & grease

 

2.11     Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate:

 

(a)  Specification & installation details of the stormwater pre-treatment system; and

(b)  The approval of an operation and maintenance manual/  programme for the proposed device.

 

2.12     A copy of the approved operation and maintenance manual/ programme shall be submitted to Penrith City Council with notification of the Construction Certificate issue.

 

2.13     Prior to the issue of a Construction Certificate a Roads Act application, including payment of appropriate application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works:

 

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

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

 

All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve.  Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

 

2.14     Prior to the issue of a Construction Certificate for building or subdivision works the Principal Certifying Authority and/ or Certifying Authority shall ensure that a Roads Act application, including the payment of appropriate fees, for the following works, has been lodged with, and approved by Penrith City Council (being the Roads Authority under the Roads Act).

 

1.   Alterations to Gibbs Street Roundabout.

 

2.   Footpaving: a 1.5m wide footpath is to be provided to link the footpaths within the development site to the existing footpath network in Patty’s Place. A 1.5m wide footpath is to be provided on the northern side of Wolseley Street, from the development site to connect to the existing footpath system at the intersection of Wolseley Street and Mulgoa Roads.

 

Civil design drawings are to be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

The lodgement of plans shall be accompanied by a signage and linemarking plan and a Road Safety Audit addressing the proposed modifications to the roundabout on Gibbs Street.

 

Note: 

 

1.   Where Penrith City Council is the Certifying Authority for the development the Roads Act approval for the above works may be issued concurrently with the Construction Certificate.

 

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

 

2.15     Prior to the issue of any Construction Certificate a performance bond is to be lodged with Penrith City Council for road works associated with the alteration to the roundabout on Gibbs Street and footpaving.

 

            The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

 

Note:

 

Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

 

2.16     Prior to the issue of a Construction Certificate Roads and Traffic Authority approval shall be obtained for the proposed intersection works with Mulgoa Road.

 

2.17     A Construction Certificate shall be issued by a Certifying Authority to include the following civil works.

 

(a) On-site detention system

(b) Provision of internal roads with treatments to delineate the private  road system at the entry points from Gibbs Street and Pattys Place

(c) Internal roundabout

(d) Stormwater drainage

(e) Stormwater pre-treatment system

(f)  Earthworks

(g) Car park

(h) Retaining walls

(i)  Paving works

(j)    Linemarking and signage

 

Civil design drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

 

2.18     On-site detention shall be provided generally in accordance with the stormwater management plan, Master_DA_2 Revision 1 dated August 2009 and associated concept plans, prepared by Henry & Hymas, reference number 08497_DA2_C100 to C104, revision 1, dated 3/08/2009.

           

            Detailed engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

 

            The Certifying Authority shall ensure that the on-site detention system is structurally adequate and that it has been designed to be compliant with the Occupational Health and Safety Act and for ease of maintenance.

 

            Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall also incorporate the approval of an operation and maintenance manual for the proposed device.

 

A copy of the approved operation and maintenance manual shall be submitted to Penrith City Council with notification of the Construction Certificate issue.

 

2.19     Prior to the issue of a Construction Certificate the Principal Certifying Authority shall ensure that new vehicular access, pedestrian access, carparking and manoeuvring areas proposed by the subject development are in accordance with AS 2890.1, AS2890.2 and Penrith City Council’s Development Control Plan.

 

2.20     Prior to the commencement of works on site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

 

2.21     Prior to commencement of works for the roundabout on Gibbs Street a Traffic Control Plan including details for pedestrian management,  shall be prepared in accordance with AS1742.3 “Traffic Control Devices for Works on Roads” and the Roads and Traffic Authority’s publication “Traffic Control at Worksites” and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller.

 

Traffic control measures shall be implemented during the construction phase of the development in accordance with the certified plan.  A copy of the plan shall be available on site at all times.

 

Note: 

 

A copy of the Traffic Control Plan shall accompany the Notice of Commencement to Penrith City Council.

 

2.22     Prior to the Commencement of Works a dilapidation report of all Council owned infrastructure fronting the development in Gibbs Street and Pattys Place is to be submitted to Penrith City Council.  The report is to include, but not be limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

 

2.23    Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

 

2.24    Prior to the issue of any Occupation Certificate Lots 10 and 11 in DP 1046110 are to be consolidated as one lot via registration of a plan with the Land and Property Information division of the Department of Lands.

 

2.25    Prior to the issue of an Occupation Certificate any necessary easements, rights of carriageway and covenants shall be created or extinguished, as required, to facilitate the proposed development.

 

2.26    After completion of all civil works, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

 An original set of works-as-executed drawings and copies of compliance documentation shall also be submitted to Penrith City Council with notification of the issue of the Occupation Certificate where Council is not the Principal Certifying Authority.

 

2.27    Prior to the issue of the Occupation Certificate the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works, Australian Standards and relevant conditions of the development consent.

 

2.28    Prior to the issue of an Occupation Certificate the Certifying Authority shall ensure that the on-site detention and stormwater pre-treatment systems:

 

·    Have been constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works, any Construction Certificate issued and relevant conditions of development consent.

·    Will operate satisfactorily with regard to any variations or that suitable remedial works have been undertaken.

·    Will operate in accordance with the design intent and Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

Details of the approved and constructed systems shall be provided as part of the works-as-executed drawings.

 

2.29    Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the on-site detention and stormwater pre-treatment systems, shall be registered on the title of the property.  The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

2.30    Prior to the issue of an Occupation Certificate any damage to Council infrastructure not identified in the dilapidation report, as a result of the development shall be restored under the supervision of Penrith City Council.  Any rectification works within Gibbs Street and Pattys Place will require a Roads Act application.  The application is to be submitted and approved by Penrith City Council prior to such works commencing.

 

2.31    Prior to the issue of an Occupation Certificate directional signage and linemarking shall be installed indicating directional movements and the location of customer parking to the satisfaction of the Principal Certifying Authority.

 

2.32     Prior to the issue of an Occupation Certificate a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed.

 

The Occupation Certificate shall not be issued until all conditions of consent except those relating to ongoing operational matters, have been completed.

 

2.33    Prior to the issue of an Occupation Certificate, a maintenance bond is to be lodged with Penrith City Council for road works associated with the alteration to the roundabout on Gibbs Street.

 

            The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

 

            Note: Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

 

2.34    Prior to the issue of an Occupation Certificate a Flood Management & Evacuation plan shall be prepared to cater for the alterations and increased patronage as a result of the development.  The recommendations of the Flood Management and Evacuation plan shall be incorporated into the Centre Management plans.  A copy of the Flood Management & Evacuation plan shall accompany the notice of issue of the Occupation Certificate to Penrith City Council.

 

2.35    Details relating to measures for water re-use and energy efficient lighting, heating and cooling devices that are to be incorporated into the development are to be submitted to Penrith City Council prior to the issue of a Construction Certificate.

 

2.       Delegated Authority be given to Council Officers for an additional condition to create an appropriate right of carriage in favour of  SP72448, Street No. 301-335, Mulgoa Road, Jamisontown.

 

3.       Twelve months after the commencement of the development, Council be provided with a traffic report which assesses post development traffic movements along Mulgoa Road.

4.       Those making a submission be advised of Council’s resolution.

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 Kevin Crameri OAM

Councillor Kaylene Allison

Councillor Mark Davies

Councillor Robert Ardill

Councillor Tanya Davies

Councillor Greg Davies

Councillor Marko Malkoc

Councillor Ross Fowler OAM

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

17      Council Property - Cranebrook Village Shopping Centre

Councillor Ben Goldfinch returned to the meeting, the time being 11:01 pm.

Councillor Jim Aitken left the meeting, the time being 11:01 pm.

397  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

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

2.     Council nominate AusPacific Property Group Pty Ltd as preferred tenderer and enter into negotiations for sale of the site.

 

3.     A further report be presented to Council after the negotiations as outlined in the report. 

 

 

18      Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook. Applicant: Cultured Stone Australia;  Owner: Kieu To and Thi Noh Pham                                                                                            DA08/0395

Councillor Jim Aitken OAM returned to the meeting, the time being 11:04 pm.

 

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

That:

1.     The information contained in the report on Development Application 08/0395 Proposed Child Care Centre located at Lot 216 DP 849247 (No. 88-94) Grays Lane, Cranebrook be received.

2.     Council invite the Court to make consent orders to uphold the Appeal and impose the conditions that are generally referred to in this report.

1.      A001 – Approved plans and recommendations within listed reports

2.      A011 – Engineering Works DCP

3.      A019 – Occupation Certificate

4.      A021 – Business registration

5.      A026 – Advertising

6.      A029 – Hours of operation and delivery times will be 6:30 am to 6:30 pm, Monday to Friday – no weekends or public holidays.

7.      A038 – Lighting locations

8.      A046 – Obtain a Construction Certificate

9.      B001 – Demolition of dwelling on Lots 227 & 227A DP 2147

10.  B002 – Demolition and disposal of approved landfill

11.  B003 – Asbestos

12.  B004 – Dust

13.  B005 – Mud/Soil

14.  B006 – Hours of work

15.  C003 – Uncovering relics

16.  D001 – Sediment and erosion control measures

17.  D002 – Spray grass

18.  D006 – No fill without validation certificate

19.  D010 – Appropriate disposal of excavated or other waste

20.  D014– Plant and equipment noise

21.  D125 – Water quality

22.  E01A – BCA compliance for Class 2-9

23.  E002 – BCA issues to be addressed

 

·        Access for persons with disabilities, in particular circulation space around doors, width of doors and sanitary facilities.

·        Details of the proposed door furniture for doors in the path of travel to an exit and required exit doors.

·        Details of the proposed air-handling system in relation to automatic shutdown by activation of smoke detectors (other than non-ducted individual room units with a capacity of not more than 1000 l/s and miscellaneous air exhaust systems).

·        Submission of a report demonstrating compliance with Section J of the Building Code of Australia with regard to energy efficiency, including building fabric, external glazing, sealing , air movement, air –conditioning systems and the like.

 

24.  E006 – Disabled access and facilities

25.  E008 – Fire safety list with CC

26.  E009 – Annual Fire Safety

27.  F001 – Food Act requirements

28.  F022 – Commercial kitchens

29.  G002 – Section 73 Certificate (Sydney Water)

30.  G004 – Integral Energy

31.  H001 – Stamped plans and erection of site notice

32.  H003 – Traffic Management

33.  H006– Waste management plan

34.  H041 – Hours of work

35.  H011 – Engineering plans and specification

36.  I003 – Roads Act Approval 1

a)Opening of the road reserve for the provision of services including stormwater;

b)                   Placing of hoardings, containers, waste skips,

etc, in the road reserve.

37.  I004 – Roads Act Engineering

a)      Opening the road reserve for the provision of

services including stormwater.

b)      Provision of a heavy duty concrete rural dish crossing and heavy duty concrete footway crossing 6m wide in accordance with AS 2890.2.

c)      A concrete footpath shall be provided from the new driveway into the car park to the exiting footpath outside No 96-98 Grays Lane, Cranebrook.

38.  K009 – OSD

39.  K019 – Connection to Council’s system

40.  K025 – Pavement Seal

41.  K027 – Car parking provision

42.  L001 – Landscape Plan

43.  L002 – Landscape Construction

44.  P001 – Costs

45.  P002 – Fees associated with Council land (Prior to the issue of a Construction Certificate)

46.  Q01F – Notice of commencement and appointment of PCA

47.  Q006 – Occupation Certificate (delete after NSW Fire Brigades)

48.  The childcare facility shall cater for no more than 90 children between the ages of 0 and 5 in the following manner:

§         0-2 years old: 30 children

§         2-3 years old: 20 children

§         3-4 years old: 20 children

§         4-5 years old: 20 children

The before and after care facility shall cater for no more than 43 children.

 

49.  Retaining walls shall be of masonry construction.

50.  Warm water to hand wash basins shall be provided in the staff toilets.

51.  Appropriate signage is to be provided to the car park and entrance of the centre requesting patrons to minimise noise and protect the amenity of the surrounding neighbourhood.

52.  Prior to the issuing of the occupation certificate a suitable signage plan is to be submitted to Council for approval.

 

53.  The signage plan is to provide details on the location, sizing and wording of the proposed signs.

 

54.  The signs are to be constructed prior to the issuing of the occupation certificate.

 

55.  The 2.1m rear fence along the eastern boundary as required by the Noise Assessment report is to be constructed of colourbond material.  The pool type fencing within this boundary shall be provided to a height of 1.8m.

 

56.  The recommendations provided in Report No. 07291 entitled “Environmental Noise Impact Assessment (TD955-01F02)” prepared by Renzo Tonin and Associates dated 14th April 2008 implemented and incorporated into the design and construction of the development, and shall be shown on plans accompanying the Construction Certificate application. A report is to be obtained from a qualified acoustic consultant certifying that the development meets the relevant noise criteria and conditions of this consent. This report is to be submitted to the Principal Certifying Authority and Council within the first 6 to 9 months of operation of the childcare centre.

 

57.  The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise.

 

58.  A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of the Construction Certificate. The NMP shall be prepared by suitably qualified consultants in consultation with Council and other relevant agencies, and may need to be amended to include the any comments provided by Council and other agencies. The NMP is to:

 

§         address all noise related aspects of the development's construction and operational phases, and

§         address the relevant conditions of this consent pertaining to noise; and

§         recommend any systems/ controls to be implemented to minimise the potential for any adverse noise impact(s), and

§         Incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

 

The approved Noise Management Plan is to be implemented at all times.

 

59.  A maximum of 20 children are permitted in the outdoor play area at any one time in accordance with the recommendations provided in Report No. 07291 entitled “Environmental Noise Impact Assessment (TD955-01F02)” prepared by Renzo Tonin and Associates dated 14th April 2008

 

60.  A public contact number is displayed on the childcare centre signage and must be operational during business hours. A complaint register is to be maintained and must include complaint details and any actions taken to address those complaints. A copy of the complaint register is to be provided to Council upon request.

 

61.  In the event of on going noise complaints relating to the development being received by Council, the owner and/or occupier of the development maybe required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community.

62.  The noise impact assessment report is to be prepared and provided to Council within 45 days of being requested. The assessment report is to be approved by Council, with any recommendations being implemented in accordance with the approved assessment report.

 

63.  Prior to the issue of a Construction Certificate, a written clearance is to be obtained from Sydney Water demonstrating that reticulated water and sewer will be made available to the development or that arrangements have been entered into for the provision of services to the development.

64.  A freeboard of 300mm shall be provided between the top water level in the on-site-detention and the finished floor level of the childcare centre.

65.  A ‘No Stopping’ zone shall be installed for a distance of 6m on either side of the driveway entrance to No 88-94 Grays Lane.

66.  This consent does not allow site works, building or demolition works to commence nor does it imply that the plans attached to      this consent comply with the specific requirements of Building Code of Australia. Such works must only take place after a Principal Certifying Authority (PCA) has been appointed and a Construction Certificate has been issued.

67.  The proposed childcare centre is to comply with the requirements of the Children Services Regulation 2004.

68.  The drainage concept plan 090204E1 Rev A dated 9/10/2009 prepared by Barker Ryan Stewart is not approved. Prior to the issue of the Construction Certificate the following matters are to be addressed on a revised drainage concept plan and is to be approved by Council.

a)      The pre-developed site has a ridgeline through it with part of the site draining to Willowgum Crescent to the north and the other part draining south through private property. Flows to existing catchments shall be replicated as far as possible.  In this regard it is expected that flows not exceeding pre-development should be directed to Willowgum Crescent to avoid overloading the southern catchment and Grays Lane street system.

b)      The proposed discharge to Grays Lane of 80L/s (20 year ARI) is not supported as this point discharge far exceeds Council’s maximum rate of discharge to the kerb at 20L’s and there is no drainage in Grays Lane until the intersection with Hindmarsh Street. Flows exceeding 20L/s to Grays Lane are not permissible where gutter flow width exceeds 2.0m in Grays lane from the property in Hindmarsh Street.

c)      Appropriate cover to the discharge pipe from in Grays Lane shall be demonstrated to meet AS 3500.

d)      The invert level of the stormwater drainage connection to the kerb in Grays Lane shall also be confirmed to ensure that the car park levels are not required to be raised further.

69.  Three additional closet fixtures requirements are to be provided for the development.

70.  An easement shall be provided over the adjoining property to the south for the sewer extension to the site. Details of the easement and its beneficiaries are to be provided to Council prior to the issuing of an Occupation Certificate.

3.      Those making a submission be advised of Council’s resolution.

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 Kevin Crameri OAM

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

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

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:05 pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

· Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Penrith recognised for excellent water management

 

2        Penrith City celebrations a great success

 

3        Councillor Greenow recognised for service to community

 

 



Ordinary Meeting

30 November 2009

A Green City

 

Mayoral Minute

Penrith recognised for excellent water management

Strategic Objective: The City’s ecological footprint is reduced

           

 

The Penrith City community and Council have again been recognised as leaders in sustainable water management, with Council selected as one of four finalists in the Sustainable Business Process category of Sydney Water’s prestigious Every Drop Counts Water Efficiency Awards.

 

The awards celebrate the achievements of the business community in water efficiency and best practice water management. The Sustainable Business Process category recognises companies who have embedded best practice water management into their core strategies and work practices. It is judged on organisational governance, financial governance, stakeholder engagement and operational processes.

 

Penrith was the only Council to be a finalist for the award, which was won by Macquarie Asset Services Limited. Council has an accredited five-star water management system under the Every Drop Counts program. In 2008-09 Council reduced its overall water consumption by over 37%, well and truly passing its goal of a 15% reduction by 2015. Some facilities have reduced their water consumption by an outstanding 50% or more compared to six years ago.

 

Several initiatives and projects led to this great result, including retrofitting toilets in Council buildings, installing an irrigation monitoring system at Mark Leece sporting fields and using recycled water at Nepean Rugby Club and Greygums Oval. The Penrith City community has also shown their commitment to water savings with almost 60% of households taking part in one of Sydney Water’s recent water savings programs.

 

Water is such a precious resource and responsible water management is a vital part of a sustainable future for our City. Well done to residents and Council staff for a great effort so far.

 

 

 

Kevin Crameri OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Penrith recognised for excellent water management be received.

 

 

 


Ordinary Meeting

30 November 2009

A Vibrant City

 

Mayoral Minute

Penrith City celebrations a great success

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

           

 

I’d like to congratulate and thank everyone involved in making Celebrate Penrith City 09 such a success. The 12-15 November program saw several special events to mark the 50th anniversary of Penrith’s proclamation as a City, significant anniversaries with four of our six international partners and the 100th anniversary of Penrith Weir.

 

We were pleased to be joined for the celebrations by representatives from our local friendship City, Lachlan Shire as well as 110 delegates from Penrith’s international partners Fujieda, Japan; Hakusan, Japan; Gangseo-gu, Korea; Xicheng District, China and Kunshan, China.

 

Among the highlights were three international concerts for the community at the Q Theatre and at Coachmans Park in the heart of St Marys. An International Celebration dinner was held to commemorate significant anniversaries of our international partnerships with Fujieda (25 years), Hakusan (20 years), Penrith (Cumbria, England - 20 years) and Gangseo-gu (15 years). The dinner was an opportunity to reflect on the cultural and economic benefits each city has enjoyed through these relationships.

 

A civic reception was also held to commemorate the 50th anniversary of Penrith’s proclamation as a City. Many former and current City leaders came together at the Museum of Fire to celebrate the past 50 years and our City’s exciting future.

 

Several of the Celebrate Penrith events had a 1959 theme in keeping with the 50th anniversary. The annual Mayoral Charity Ball was deferred from August so it could be included in the celebrations. The event at St Marys Band Club saw 280 people enjoy a night of rock ‘n’ roll fun while raising $25,000 for great local charities - Little by Little Inc and the Thorndale Foundation. Particular thanks to major sponsor Ross Sinclair AM, as well as St Marys Band Club, Jim Aitken and Partners and Kingswood Florists for their support.

 

On Sunday 15 November around 4,500 people attended Rock at the Weir, a community festival with 1950s style rides, food and entertainment. A highlight was the Miss Penrith and Junior Miss Penrith competition. Various river users and authorities demonstrated the present and future importance of the Weir and river to the Penrith community.

 

Two significant exhibitions were launched during Celebrate Penrith. The Makings of A City History Exhibition in the Civic Centre has been popular, and will be travelling to other venues across the City in coming weeks. A series of exhibitions dedicated to Japan and Australia will be at the Penrith Regional Gallery until the end of January.

 

The unique celebrations offered something for everyone. I would like to take this opportunity to thank the partners who helped make Celebrate Penrith City 09 possible:

 

·    Penrith International Friendship Committee

·    Local Historical Societies

·    Local performing and cultural groups

·    Local schools and the Department of Education

·    University of Western Sydney

·    Joan Sutherland Performing Arts Centre

·    Penrith Regional Gallery & the Lewers Bequest

·    Penrith Valley Special Visits Network

·    CLAIR - the Japanese local government authority and

·    KLAFIR - the Korean local government authority

 

Finally, thank you to all the hard-working Council staff who, after more than a year of careful planning, delivered a week long event that will be long remembered by all who took part. Particular thanks to Jill Turner, Joanne Ryan and Colin Dickson supported by other members of the Events team, as well as Traffic and Special Events Coordinator Gary Lawson and members of the City Works and City Presentation teams who ensured Penrith City put its best foot forward.

 

 

 

Kevin Crameri OAM

Mayor

 

 

 

 

RECOMMENDATION

That the Mayoral Minute on Penrith City celebrations a great success be received.

 

 

 


Ordinary Meeting

30 November 2009

A Leading City

 

Mayoral Minute

Councillor Greenow recognised for service to community

Strategic Objective: We share aspirations for our region’s future, and achieve them through collaboration

           

 

I would like to congratulate Councillor Jackie Greenow on her recognition at the 2009 National Disability Awards Ceremony in Canberra last Monday. She was one of only three finalists in the Local Government Award category, which recognises “a person who has challenged or lobbied, and has succeeded in implementing substantial change by breaking down barriers faced by people with disability”. This year the prestigious awards attracted 240 quality nominations.

 

Through her involvement with Council, local organisations such as NOVA Employment, local schools and the broader community, Jackie has made a significant contribution to improving the lives of people with a disability and their carers. She has been a passionate advocate for social justice and equity over many years and is dedicated to making our City’s services and facilities accessible for all. She has served as Chair of Council’s Access Committee since 1996 and as Chair of NOVA for eight years, and has been a strong supporter of Penrith Sailability.

 

Jackie’s valuable experience and dedication to our region was further recognised recently with her election as Chair of the Hawkesbury River County Council (HRCC), a single-purpose Council for the control of noxious weeds within the Hawkesbury-Nepean River catchment. She has ably represented Council and our community on the HRCC since 1995 and I am sure she will do a great job as Chair of this important body.

 

 

 

 

Kevin Crameri OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Councillor Greenow recognised for service to community be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009

 

 



Ordinary Meeting

30 November 2009

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 16 November, 2009

 

 

 

PRESENT

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

 

APOLOGIES

Apologies were accepted for Councillors Ben Goldfinch and Tanya Davies.

 

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 19 October 2009

The minutes of the Policy Review Committee Meeting of 19 October 2009 were confirmed.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 21 October 2009

The minutes of the Policy Review Committee Meeting of 21 October 2009 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – Penrith City Children’s Services Cooperative Ltd as she is a member of the Warialda Children’s Centre Parent Advisory Committee.

 

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

4        Penrith Business Alliance Limited Strategic and Business Plans

          Director Craig Butler introduced the report on Penrith Business Alliance Limited Strategic and Business Plans and welcomed the Chairman Paul Brennan who gave a presentation.

Councillor Jim Aitken OAM left the meeting, the time being 7:51pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:52pm.

Councillor Prue Guillaume left the meeting and did not return the time being 8:03pm.                         

RECOMMENDED

That:

1.     The information contained in the report on the Penrith Business Alliance Limited Strategic and Business Plans be received

2.     Council agree to the initial payment of $308,390 to the Penrith Business Alliance.

3.     The Penrith Business Alliance Business Plan for 2009-10 be reported to a future Council meeting for consideration and approval.

 

Councillor Mark Davies left the meeting, the time being 8:10pm.

Councillor Greg Davies left the meeting, the time being 8:10pm.

 

A Leading City

 

1        Westpool

Chairperson of Westpool, Deputy Mayor Councillor Ross Fowler OAM, introduced the report and welcomed Andrew Armistead from Westpool who gave a presentation.

Councillor Mark Davies returned to the meeting, the time being 8:13pm.

Councillor Greg Davies returned to the meeting, the time being 8:15pm.

Councillor John Thain left the meeting, the time being 8:37pm.

Councillor John Thain returned to the meeting, the time being 8:38pm.                                              

RECOMMENDED that the information contained in the report on Westpool be received.

 

 

A City of Opportunities

 

2        Penrith City Children's Services Cooperative Ltd

Children’s Services Manager, Janet Keegan introduced the report and welcomed Chairperson Max Friend, who gave a presentation on the Penrith City Children’s Services Cooperative Ltd.

Councillor Marko Malkoc left the meeting and did not return the time being 8:46pm.                        

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Children's Services Cooperative Ltd be received

2.     Council agree to underwrite the operation of Penrith City Children’s Services Cooperative Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2009/10.

3.     Council write to Linda Newman recognising her service on the Board of Directors since inception and thanking her for her contribution over many years.

 

 

3        Penrith Whitewater Stadium - Annual Report and Board of Directors

Chairperson, Penrith Whitewater Stadium, Deputy Mayor Councillor Ross Fowler OAM, welcomed Stadium Manager, Jack Hodge who gave a presentation on the Penrith Whitewater Stadium – Annual Report and Board of Directors.       

RECOMMENDED

That:

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

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2009-10.

3.     Council note and support the Board’s nomination of Councillor Ross Fowler OAM as a continuing Director of Penrith Whitewater Stadium.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:21pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        2009-10 Operational Plan - September Quarter Review

 

2        Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008

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

 

3        Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

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

 

4        Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham

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

 

5        Proposed amendments to draft Penrith Local Environmental Plan 2008

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

 

6        Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

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

 

7        2009 National General Assembly of Local Government

 

8        Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions

 

9        Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

 

10      Copenhagen Climate Change Conference 2009

 

11      Summary of Investments and Banking as at 31 October 2009

 

A City of Opportunities

 

12      2009 Community Assistance Program Planned Component  

 

13      Mayoral Forum - Housing Opportunities for Older People

 

14      Contracts of Employment for Senior Staff

 

15      Seniors Week 2010

 

16      Tender 14-08/09 for the Supply & Delivery of Child Care Consumables

 

 

A Green City

 

17      ICLEI World Congress and Study Tour

 

18      Development Application DA09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7 - 9) Lemongrove Road, Penrith. Applicant: Devcon Partners P/L;  Owner: David John Reeves and James Ashley Aitken DA09/0369

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

 

19      Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd;  Owner: Kristie Lyn Pate DA09/0024

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

 

20      Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith City Council;  Owner: Department of Land and Water Conservation DA09/1107

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

 

21      Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company;  Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812

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

 

22      Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa. Applicant: Mr. J Prgomelja;  Owner: Mr. J Prgomelja DA09/0670

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

 

23      Draft Cumberland Plain Recovery Plan 

 

A Liveable City

 

24      Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site

 

25      Establishment of additional Alcohol Free Zones and Alcohol Free Areas

 

26      Penrith Valley Cultural Precinct - Progress Report

 

27      Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel

 

28      Floodplain Management Program 2009/2010 - Grant Offer

 

29      Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park 

 

30      Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment

 

URGENT

 

31      Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services

  

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                       Page

 

1        2009-10 Operational Plan - September Quarter Review

 

2        Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008

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

 

3        Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

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

 

4        Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham

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

 

5        Proposed amendments to draft Penrith Local Environmental Plan 2008

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

 

6        Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

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

 

7        2009 National General Assembly of Local Government

 

8        Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions

 

9        Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

 

10      Copenhagen Climate Change Conference 2009

 

11      Summary of Investments and Banking as at 31 October 2009

 

 



Ordinary Meeting

30 November 2009

A Leading City

 

 

 

1

2009-10 Operational Plan - September Quarter Review   

 

Compiled by:                Geraldine Brown, Budget Accountant

David McIllhatton, Business Systems Co-ordinator

Ken Lim, Management Planning Co-ordinator

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

Andrew Moore, Financial 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

This review is the first formal opportunity to present to Council the progress to date of the delivery of the 2009-10 Operational Plan, which also forms the first instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031 adopted in June 2009.  As previously reported in the “2008-2009 Management Plan ~ June Quarter and Year End Review” on 24 August, a new and improved reporting format is being introduced and this new reporting format means that Councillors will receive as part of the Ordinary Meeting business paper, a separate “Services Performance and Financial Review Summary” report for each quarter instead of the larger, more detailed hardcopy document provided previously.

 

The business paper report and separate summary report will focus on Council performance; Services Performance and the Financial Position, with particular emphasis on exception and highlight reporting.

 

The combined effort of all Council’s 46 services for the three month period ending on 30 September 2009, has resulted in a 29% achievement of the yearly requirement as recorded in the adopted 2009-10 Operational Plan and is 4% above the quarterly target. Council’s Performance Planning System indicates Council’s 562 Tasks, Key Performance Indicators (KPIs) and Capital and Operating Projects that 547 are either on target or have been completed.  Details of the remaining 15 items and the challenges they are facing have been included in this report and in the separate “Services Performance and Financial Review Summary” report.

 

The economic climate has been difficult in recent years and Council has not been immune from this.  Councillors will recall that the development of the 2009-10 budget saw a number of tough calls made to enable a balanced budget to be delivered with a number of one off service adjustments being required.  These service adjustments have been placed on the high priority unfunded list and no capacity has been identified in the September review to reinstate any of these items.

 

The cumulative budget result for the year as at September is a deficit of $262,522.  This result is made up of a number of both positive and negative variations to the original budget, with the most notable being an increase in the cost of finalising the Penrith Valley Cultural Precinct ($560, 000), and a contribution to the Penrith Whitewater Stadium to assist with an increased Workers Compensation Premium ($398,948) based on Workcover grouping provisions.  These increases to expenditure have been partly offset by increased Rates income which provided a net increase, after allowing for increased abandonments, pensioner rebates, valuation fees and provisions for doubtful debts, of $641,847 for 2009-10.

 

Salary Savings of $227,292 have been identified in the September Quarter. In keeping with the commitment to Council, as part of the finalisation of the 2008-09 Management Plan, to return the Employee Leave Entitlements (ELE) reserve to the agreed holding of 20% of leave entitlements, these salary savings are proposed to be transferred to the ELE reserve.  This brings the total transfer to the reserve for 2009-10 to $427,292 with a budgeted balance as of 30 June 2010 representing 17.45% of the projected balance of leave entitlements.

 

This report recommends that the revised budget estimates identified and the recommended reallocations to projects and amendments to Key Performance Indicators, Strategic Tasks and Service Improvements detailed in the report be adopted.

Background

In accordance with the Local Government Act 1993, the Operational Plan progress report for the period ending 30 September 2009 is presented tonight for Council’s consideration. This is the first quarterly review of Council’s 2009-2010 Operational Plan which delivers the first instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031, both of which were adopted in June this year.

 

The Quarterly Review provides a comprehensive performance report on all Council’s external and internal services (with the exception of the three controlled entities which have separate reporting requirements) outlined in the Operational Plan. It provides clarity and accountability to Council and the public on the annual delivery of Council’s program through its approved services and their required goals.

 

Format of the Quarterly Review Reporting

The new and improved reporting format has been introduced in the September Quarter Report in order to:

·        meet the requirements of the “Planning and Reporting Guidelines for Local Government in NSW” released by the DLG this year

·        provide a simpler yet more focused way of communicating performance of Council’s  services including the highlighting of achievement and identifying areas requiring attention (exception reporting).

·        reduce paper waste by moving from the previous 300+ page hardcopy document to a summarised 30-40 page (double sided) report.

This new reporting format means that Councillors will receive as part of the Ordinary Meeting business paper, a separate “Services Performance and Financial Review Summary” report for each quarter instead of the larger, more detailed hardcopy document provided previously.

 

The business paper report and separate summary report will focus on two key areas of Council performance; Services Performance and the Financial Position. These are explained below.

 

 

1.       Services Performance

 

The adopted 2009-10 Operational Plan lists the annual plans for all Council (internal and external) services. Each quarter all Managers are required to report progress for each service based on the following measurement types:

 

o   Service Budgets

o   Tasks

o   Key Performance Indicators (KPIs)

o   Capital Projects

o   Operating Projects

 

The results are reported back to Council in the following three ways:

 

·        Overall Services Performance Summary

A table is produced which summarises the results of all measurement types reflecting an overall service summary. Progress is expressed through the use of percentages and ‘traffic light’ indicators. These are based on the responsible Manager’s statement of the delivery of the year-to-date requirements for that item.

 

Explanation of the Traffic Light Indicators

 

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

 

Table 1. Guidelines for ‘Traffic Light’ Status Indicators

 

*

[Green]

On

Target

Performance is “on target” or satisfactory to meet the year-to-date requirements of the relevant action. Normally indicates completion of 90% of the scheduled requirements.

*

[Amber]

Attention Required

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

[Red]

At Risk

Performance is not on target and the requirement is “at risk” of not being delivered. This is addressed by the Manager’s commentary. Delivery is normally rated as less than 75% of the scheduled requirements and/or is the subject of a proposed revote of works.

Text Box: C

Completed (usually applies to Capital & Operating Projects and some Tasks with defined target dates) represents 100% completion.

 

The Services Performance Summary is provided with this report. The table is sorted by reporting elements (eg Overall Service Level, Tasks, KPIs, Capital and Operating Projects). The table for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

 

·        Completed Tasks and Projects

 

In the 2009-2010 Operational Plan, there are approximately 160 tasks and 200 capital and operating projects listed for completion. Rather than report the progress on every task and project, only the larger key projects and tasks that were completed within the quarter are listed as highlights. The highlights list for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

 

·        Exception Reporting

 

The most significant change in the quarterly reporting format has been the move to “exception” reporting as contained in the new Planning and Reporting Guidelines for Local Government in NSW. This means that reporting only elements which have incurred an “Amber” traffic light (that is, reportable items Requiring Attention) or a “Red” traffic light (that is, reportable items At Risk of not being delivered). This part of the report allows Council the opportunity to focus on those services that require attention or are at risk of not being delivered and to be accountable to the Community in addressing issues that arise.

 

The Exceptions list for the September Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report provided separately to Councillors.

 

Each of the eight groups will provide a comprehensive status report on the progress of the Delivery Program every six months with the first being scheduled for February 2010.  The format of these reports is still to be finalised.

 

2.       Financial Position

The financial position of Council for the quarter will be expressed by providing information on:

·        The budget position (whether balanced/surplus/deficit)

·        Significant variations

·        Identified Revotes

·        Funding Summary

·        Reserve Movements for the quarter, and

·        the Capital and Operating Budget Projects list for the quarter

Key performance comments regarding the Financial Position are included later in this report with the all the above information provided in the Attachment to this report.

 

Overall Services Performance Summary for the September Quarter

 

Council’s Performance Planning System indicates that the combined effort of all services for the three month period ending on 30 September 2009, has resulted in a 29% achievement of the yearly requirement as recorded in the adopted 2009-10 Operational Plan.

 

This result is encouraging demonstrating that Services Performance was 4% above the quarterly target of 25% at this stage of the year. The contributing factors to this result are summarised in the table below.

 

Table 2 : Services Performance Summary for September Quarter 2009

 

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

(Attention Required)

RED

(At Risk)

Totals

SERVICES OVERALL (excluding Controlled Entities)

 

46

(100%)

-

-

46

 

·     Tasks

1

(<1%)

161

(98%)

3

(<2%)

-

165

·     Key Performance Indicators (KPIs)

 

194

(97%)

3

(2%)

2

(1%)

199

·     Capital Projects

22

(21%)

80

(75%)

4

(4%)

-

106

·     Operating Projects

6

(7%)

83

(90%)

3

(3%)

-

92

Totals

29

518

13

2

562

 

Analysis of Results

 

Table 2 shows that all 46 Council services performed well and were “On Target” as at 30 September 2009. This result is was due to:

·        98% of Tasks Completed or On Target

·        97% of KPIs were On Target

·        96% of Capital Projects were Completed or On Target, and

·        89% of Operating Projects were Completed or On Target.

 

It is generally the case that for the first quarter in any Operational Plan year that most reporting elements would normally be “on track” especially given that a large number of projects are phased for completion in the remaining nine months of the year. It is encouraging to see so many completed items in the first quarter.

 


Completed Task and Projects

 

A positive result coming from Table 2 is the identification of 29 tasks and projects that were completed within the quarter. Some of the key projects and tasks are listed below:

 

Key Task or Project Completed

Commentary

Implementation of the organics collection and composting service implemented (Waste Management Service)

Over 50,000 organics collection services were provided with approximately 3,500 tonnes of organic material collected for composting in the first six weeks. This material has an approximate contamination level of 12%.

New building for Yoorami OOSH at Werrington

A major highlight during this quarter was the official opening by the Mayor of the Yoorami out of school hours building in Werrington. This is a purpose-built demountable building adjoined to the long day care facility as this site now provides a ‘one stop shop’ for care for children 0-12 years. The old cottage on the site which had previously catered for the school age children has now been demolished. The new facility will enable the service to meet out of school regulations when introduced and the National Accreditation Standards.

Rural Roads Widening Program

A total length of 1.2km of Eighth Ave was resurfaced with asphaltic concrete.

Bus Shelters Program

One new shelter was installed at St Clair and three shelters were installed at Penrith railway station under the Section 94 program.

Cranebrook Skate Park

Cranebrook Skate Park was completed with the official opening in October. Enhancements under Federal Government funding included installation of a fountain, landscaping and new paving.

Victoria Park, St Marys

The entrance was given decorative treatment, new pathways were laid, various trees were removed and new feature trees were planted. New shade shelters were built and dilapidated seating was replaced with new park seats.

Namatjira Neighbourhood Centre

Funded under the Regional and Local Community Infrastructure Program (Federal Government) this included the installation of a 2.1 metre high security fence, replacement of soft fall, installation of a shade structure, removal of trees and some landscaping. The internal refurbishment work included the installation of air conditioning, a commercial oven, renewed toilet facilities and purchase of new chairs and curtains.

Arthur Neave Memorial Hall

This project was also funded under the Regional and Local Community Infrastructure Program (Federal Government) and includes both internal and external refurbishment work. The internal work included the refurbishment of the toilet facilities for the main hall, new window coverings and installation of air conditioning. The external work includes installation of a 2.1m high fence, some landscaping to alleviate risk of injury from uneven surfaces and installation of a shade structure to enable outdoors activities.

Penrith Senior Citizens Centre

New fencing has been installed at the Penrith Senior Citizens Centre, which aims to prevent loitering and antisocial behaviour in the grounds of the centre and enhance safety for users. This project was funded under the Federal Government Local Infrastructure Program, following recommendations from a Community Safety Audit held in the Penrith CBD area.

Emu Plains Community Centre

This project was funded under the Regional and Local Community Infrastructure Program (Federal Government) and included external and internal work. The external work included the installation of a 2.1 metre high security fence, relocation and repairs to the existing play equipment, new soft fall, turf, removal of exposed tree roots and installation of a shade structure. The internal work included the refurbishment to the toilet facilities, installation of a commercial oven (with minor modifications to the kitchen bench), installation of air conditioning and the purchase of new curtains and chairs

Council Open Day

The inaugural Family Fun Day was held and attracted approximately 2,000 people to the Penrith Civic Centre to learn about the services that Council provides to the local community. Formerly known as Open day that had been held for the last ten years, this new event was held entirely outside and focused on those services that have a direct impact on local residents. The day also included entertainment and activities for the whole family and featured for the third year running a 'mock' Council meeting headed by the Junior 'Mayor for the Day'. 14 chosen 'junior councillors' selected from schools across the city.

Penrith Recycled Water Feasibility Study

A feasibility study was prepared by an external consultant to provide an assessment of a potential expansion of the Penrith Recycled Water Scheme. It includes comment on regulatory requirements, water quality, guidelines and potential customers, and has been prepared in conjunction with a preliminary design to allow an indicative estimate of costs. The study includes discussion on benefits, future expansion, potential health and environmental impacts and concludes with a statement of measurable outcomes. The feasibility study supports an application for a funding grant from the Department Environment Water Heritage and the Arts.

 


Exception Reporting

 

A total of 15 Tasks, KPIs and Projects in 9 services were identified in the Services Performance Summary (Table 2) as being an “Amber Traffic Light “requiring attention” or a “RedTraffic Light “at risk” of not being delivered or “not achieved this quarter”. A complete listing, sorted by individual service, is provided in the table below with commentary/remedial action also provided.

 

Traffic

Light

Measure

Result

Target

Comment / Remedial Action

City Parks

AMBER

(Attention Required)

Operating Project:

Tree Replacement - Spotted Gum 5 Year Program

0%

5%

Tenders to be called in 2nd quarter.

RED

(Not achieved)

KPI:

All tree preservation order inspections carried out within 10 working days

52%

100%

High level of customer demand due to unfavourable weather conditions.

This KPI measurement will be amended to better reflect current workloads and resourcing. An improved system for management of data is being developed.

Customer Service

RED

(Not achieved)

KPI:

Customer Service Less than 3% of telephone calls to Council abandoned.

(Industry best practice <4%)

4.15%

<3%

This quarter the abandoned call rate is 4.15% which is marginally higher than the industry best practice rate of <4%.  Due to the introduction of Council’s new waste service during this period there was a 20% increase from the corresponding period in 2008 in the total number of calls received which affected the abandoned call rate.

This KPI is to be reviewed to reflect current practices. In the interim additional Information and Customer Relations staff have been trained in the use of the switchboard to cope with the significant increase in the number of calls resulting from the introduction of the new waste service.

Design and Project Management

AMBER

(Attention Required)

Capital Project

Great River Walk Stage 6 - West  Bank

0%

25%

Following the finalisation of grant funding this project is scheduled to commence early 2010.

AMBER

(Attention Required)

Operating Project:

CUA Stadium Stage 3 - Southern Grandstand

5%

25%

Council has received a draft funding agreement from the Federal government and is awaiting confirmation of changes to the project scope and funding arrangements. The project will be delivered in 2 stages with the Southern Stand facilities to be completed in the 2009-10 financial year and the Cricket Pavilion to be completed by September 2010. The timing of funding received is crucial to meeting these delivery target dates.

AMBER

(Attention Required)

Capital Project:

Penrith Station Commuter Carpark

10%

25%

Revised tender documentation due to design changes are currently being prepare at which time a new open tender will be advertised.

AMBER

(Attention Required)

Capital Project:

Pen Valley Cultural Precinct (MP) (RV)

50%

50%

A request for additional funding is to be recommended in a report to Council in November. Project proceeding as per revised time schedule and costs.  Delays have occurred to original program due to changes to scope, site conditions and wet weather.  When the contractor commenced work on-site in July 2008, the construction program indicated a completion date of 10 July 2009.  Since then there have been a number of claims for extension of time that has extended the date for Practical Completion to the end of January.  The delays primarily resulted from wet weather, changes to scope and the discovery of contaminated and unsound material on-site.

AMBER

(Attention Required)

Task:

Develop agreed standards for sustainability building and design criteria

0%

25%

Due to staff shortage, this task will be progressed later this year.

Emergency Management

AMBER

(Attention Required)

Capital Project:

Purchase SES Emergency Response Vehicle

$68,256

0%

25%

PROPOSED REVOTE

Advice from the NSW SES indicated that funds were available under its Vehicle Subsidy program for purchasing new emergency response vehicles. Consequently, following a report to Council, a Vehicle Subsidy Application was made for the purchase of a new Emergency Response Vehicle for the Penrith SES.  However, recent verbal advice from the SES indicated that the number of applications received from councils was greater than anticipated and funds under this program are no longer available for 2009-2010.

The SES have advised that funding is approved for the 2010-2011 financial year. A revote of the funding is required.

Information Technology

AMBER

(Attention Required)

Task: Establish and grow the capacity of Council to use innovation, technology and Council’s website in engaging our communities

10%

25%

Review of existing content management system required.

Significant additional resources are required to complete this project.

Neighbourhood Facilities Management

AMBER

(Attention Required)

KPI:

More than 85% of residents satisfied with the condition of community halls and centres.

72.7%

>85%

The 2009 customer survey indicated a substantial drop for this KPI. This will be investigated during the neighbourhood facilities review implementation.

AMBER

(Attention Required)

KPI:

More than 85% of residents satisfied with the provision of community halls and  centres.

72.6%

>85%

The 2009 customer survey indicated a substantial drop against this KPI. This will be investigated during the neighbourhood facilities review implementation.

Note:

The 2009 customer survey showed a 9% reduction in the satisfaction rating for the condition of community halls and centres and a 11% reduction in the satisfaction rating for the provision of community halls and centres.

Recreation Planning and Advocacy

AMBER

(Attention Required)

Operating Project:

Sportsground Management Strategy

60%

100% by Oct 2009

@Leisure has been appointed as consultants to undertake the Sportsground Management Strategy. Research, facility audits and consultation have been undertaken. However, the project has been delayed by the unexpected length of time it has taken to undertake the audit of floodlights. The conclusion of the project is not expected until the end of December.

Risk Management

AMBER

(Attention Required)

Task:

Research and develop an approach to a standard project management model for all Council projects

0%

25%

Delayed due to commitments to OHS improvement program.  Research will commence in second quarter of this financial year.

Waste Management

AMBER

(Attention Required)

KPI:

More than 66% of domestic waste diverted from landfill per annum

53%

>66%

The diversion rate takes into account contamination levels and waste processed through UR-3R.The diversion level should increase after commencement of the promotion and education program in the 2nd quarter.

 

Progress for each of these exceptions listed above will continue to be monitored and remedial action taken to return these to a “Green” traffic light “On Target” status where possible.

 

Financial Position

                                                                                               $000’s

Original Budget Position Surplus/(Deficit)

Nil

 

 

 

 

Less: September Review variations   

(262.5)

 

Revised Surplus/(Deficit)

(262.5)

 

 

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

                                                                                                                           $000’s

Rates

641.8

F

Salary Savings

227.3

F

Transfer to ELE Reserve

(227.3)

U

Contribution to Penrith Whitewater Stadium

(398.9)

U

Penrith Valley Cultural Precinct

(560.0)

U

 

The predicted cumulative result for the year as at September is a deficit of $262,522 after the recommended variations for the quarter. These adjustments together with proposed minor variations, revotes, and reserve movements are detailed in Attachment A ( 2009-10 Operational Plan – Services Performance and Financial Review Summary).  Commentary is provided below on the more significant issues in the review.

Rating Income- increase of $641,847

New valuations were received for the St Marys release area, Glenmore Park Stage 2 and South Werrington release area following the rezoning of these areas. Rates growth from these release areas together with other property development around the city, re-categorisation of properties and projected growth for the remaining part of the year has increased the rates budget by more than $1.028 million.

 

The rates abandonments budget requires an increase of $120,000. Some farmland properties in the new release areas required $107,000 to be abandoned as farmland rates cannot be increased by more than 20% on an annual basis. This year will be the final year that this legislation will be in place. A further $69,000 was abandoned following the sale of the Air Services land to National Parks which made the property non-rateable. A resolution by Council will be required to abandon these rates which total $176,000. Council is able to increase rates next financial year by these amounts over and above the Minister’s permissible increase.

 

An increase in the doubtful rates budget of $32,463 is required as outstanding rates for four properties have been identified as being unlikely to be recovered. These properties are low in value and three of the properties are owned by companies that have been wound up.

 

Pensioner rebates provided in 2009-10 have increased by $110,000. This increase in Pensioner rebates has been partly offset by an increased contribution by the State Government of $60,500 (55% of the value of rebates provided). This has resulted in a net loss to the pensioner rates budget of $49,500.

 

In addition the estimate for the annual valuation fee has been increased by $33,409 to reflect advice received of the actual 2009-10 fee.

 

Overall the rates budget for 2009-10 has increased by $641,847.

Salary Savings - $227,292

During the first quarter of 2009-10 salary savings have eventuated due to vacancies across a number of departments.  The majority of the vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings be retained in the individual departments to enable the engagement of consultants or temporary staff to ensure delivery of key Operational Plan tasks and projects.  It is proposed to transfer the balance of these salary savings to the Employee Leave Entitlements (ELE) Reserve.

Transfer to Employee Leave Employee Leave Entitlements (ELE) Reserve - $227,292

As part of the June 2009 end of year review $600,000 was transferred from the ELE Reserve to partly offset the impact increases in costs relating to the resignation/retirement of a number of long-serving employees and the increasing leave balances across the organisation which required an additional $2.3m compared to budget in 2008-09 meaning the Reserve held the equivalent of 15.7% of entitlements at this time. Council policy is to maintain an amount of 20%, averaged over three years, of leave entitlements (excluding annual leave) in the ELE Reserve.

 

A strategy was developed incorporating known and probable retirements to bring the Reserve back to the agreed 20% over the next three years.  This strategy involved a transfer to the Reserve of $200,000 in the current 2009-10 Operational Plan, and the inclusion of an annual transfer to the Reserve of $300,000 in the 2010-11 and 2011-12 budgets.

 

During the first quarter of 2009-10 a number of areas across Council have identified salary savings resulting in savings of $227,292.  It is proposed to accelerate the strategy developed by transferring these savings to the ELE reserve which would bring the total transfer to the ELE Reserve for 2009-10 to $427,292.  Following these transfers the ELE Reserve is estimated to be approximately 17.45% of leave entitlements.

Contribution to Penrith Whitewater Stadium (PWS) - $398,948

Penrith Whitewater Stadium (PWS) has requested assistance in relation to their increased Workers Compensation premium. Recent changes to the calculations regarding grouped employer for workers compensation purposes has resulted in PWS being charged $374,352 as a premium for 2009-10. Without the grouping the premium calculation would be $25,970, a difference of $348,382. The premium has increased substantially this financial year due to a single workers compensation claim that has been ongoing over a number of years. If the claim is resolved in 2009-10 there may be potential for a reduction in the premium paid. In addition, PWS have received adjustment premiums for 2005-06, 2007-08, and 2008-09 which represent increases of $12,178, $16,329, and $22,059 respectively over the non-grouped premium.

 

This is the first time that PWS has requested assistance in the 10 years that the centre has been operational. This assistance is proposed to provide the difference of $398,948 between the premium that PWS would be due to pay compared to the premium that has been charged under the ungrouped employer calculation.

 

 

Penrith Valley Cultural Precinct - $560,000

A request for additional funding for this project has been received.  Details relating to the budget overrun of this project are the subject of a separate report included in the Business Paper for tonight’s meeting. The report outlines that additional funds are required to be allocated to the project to cover the cost of variations that have exceeded the contingency allowance. It is recommended, as part of the September Review, that an additional allocation of $560,000 be made to this project with any savings on completion to be returned to general revenue.

 

 

Other variations with no impact on Surplus

Childcare Links Project $100,356 (Grant funded)

The Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA) has approved an extension of the Childcare Links Program for a two year period to 30 June 2011.  This has resulted in the allocation of additional grant funding of $100,356 for 2009-10.  This funding is aimed at improving the health and well-being of young children by strengthening the resilience of their caregivers by using child care services to foster the development of child-friendly communities. 

Pre-Schools - DOCS Grant Funding $468,519

Additional grant funding of $468,519 has been provided to Council Pre-Schools in 2009-10 under the Department of Community Services Resource Allocation Model 2.  This funding is intended to enhance access to Pre Schools particularly for Indigenous Children, children from low income families and children from culturally and linguistically diverse (CALD) backgrounds.  While Council’s scheduled fee will remain unchanged, this additional government funding will be applied to reduce fees for applicable families across Council’s Pre-School Services.

Road and Footpath Restorations Expenditure/Income $140,000

Service authority and private restoration income for the quarter has exceeded expectations. The income is offset against additional expenditure required for the requested works. The majority of the additional income relates to major restoration works at Links Road performed by contractors.

Traffic and Transport Facilities Program - $115,000

To date Council has submitted seven applications for various projects to be funded through the Roads and Traffic Authority (RTA).  Of these seven applications, Council has been successful in securing 100% funding for five of these projects.

 

In previous years Council has received funding of $115,000 from the RTA towards the Traffic and Transport Facilities program which has a total budget of $245,192 in 2009-10. Due to Council’s success rate in relation to other grant applications, the RTA has not approved Council’s $115,000 grant for the Traffic and Transport Facilities program for this financial year. The remaining $130,192 will be allocated to projects as prioritised on Council’s list of Traffic and Transport Facilities projects.

National Blackspot Program - $135,309

It is proposed to transfer $135,309 from Road Resealing/Resheeting (general revenue funded) to the National Blackspot -Castlereagh Street roundabout projects.  The project cost for the roundabout has exceeded the original estimate due to the need for additional work which was not identified initially. This work includes:

§ major services relocation work by Integral Energy, Optus and Sydney Water ,

§ additional footpath repair work due to the modification of existing drainage pits, and

§ installation of RTA approved fence for pedestrian safety.

Penrith CBD High Pedestrian Activity Area - $560,000

Following consultation with Council’s Urban Design team it was determined that in order to improve the overall appearance of the project to include urban design treatments and materials such as Porphyry Stone and exposed aggregate the budget would need to be increased significantly. It is proposed to increase the project budget by $560,000 bringing the total cost to $850,000.

 

Funding for this increase has been proposed from a number of sources:-

·    $210,000 from the Roads Reconstruction Program (general revenue funded)

·    $150,000 from Civic Improvements Section 94 Plan

·    $180,000 from RTA Funding

·    $20,000 form LTC/Urgent Traffic Facilities Program (general revenue funded)

 

The redirection of $210,000 from the Roads Reconstruction program is possible as the responsibility for the Londonderry Road project will be transferred to the RTA as the road is being reclassified as a regional road in the near future.

Plant Replacement - $136,255

The budget for the purchase of plant in 2009-10 is proposed to be increased by additional plant sales of $136,255 that occurred during 2008-09 and were subsequently transferred to plant replacement reserve. Plant replacement is funded by a combination of sales and general revenue and often plant sales and purchase of replacement plant does not occur in the same financial year.

Property Development (Reserve)

Major budget variations proposed to the Property Development Model in the September Review are as follows:

 

§ The project for Dunheved Road Link has been delayed due to delays in reaching agreement with Delfin Lend Lease over development and sale of land within the precinct. The expenditure on this project has been reduced by $450,000 as it will not be spent in 2009-10 and is now reprogrammed to 2010-11.

 

§ An adjustment to the budgeted sale price of land at the Great Western Highway Kingswood as reported to 7th September 2009 Ordinary Council Meeting.

 

§ Council had estimated to receive proceeds from the sale of a road closure application for part of Lenore Lane, Erskine Park. The adjoining owner engaged a developer to purchase their property and lodged a development application. The developer did not proceed with the purchase of the property and consequently the road closure application cannot proceed. The income is proposed to be transferred to next year’s budget on the basis that the future development may progress with another developer.

 

Revotes

There is one adjustment to planned capital works funded proposed for adoption this quarter:

Purchase of SES Emergency Response Vehicle - $68,256 (funded by $58,256 contribution, $10,000 sales)

In a report to Council on 3 August 2009 Council approved the purchase a new emergency response vehicle for the Penrith State Emergency Service (SES) through grant funding from the NSW SES.  NSW SES has now advised that while the subsidy to Council has been approved, the funding will not be available until the next financial year. The project is now proposed to be revoted to 2010-11.

Long Term Financial Model

At the Councillor Briefing on 21 September 2009 a presentation was made outlining Council’s Long Term Financial Plan including predictions provided by the Long Term Financial Model (LTFM). Since then a number of key factors have been updated in the Model including additional rating income through rates growth and re-categorisations reported in this review and the revised model was presented to a Briefing 23 November 2009.  The ongoing impact of the additional rates income coupled with the predicted growth in rates revenue, confirmation of the 2009-10 base budget, revision of indexation factors, and employee costs have resulted in the LTFM now predicting a surplus for 2010-11 followed by a number of years in deficit.  Over the next ten years the annual average surplus is a little over $100,000.  This can easily be eroded by relatively small changes in the rate of development or slight increases in employee or other operational costs and should not be relied upon to provide additional funding for future priorities. A review of the assumptions used in the LTFM is currently underway as part of the 2010-11 budget preparation process and the LTFM will be updated and reported to Council early in the new year.

Consolidation of Services

The original 2009-2010 Operational Plan adopted on 29 June 2009 identified 51 Council (internal and external) services of which 48 services plans were provided with the remaining three services identified as controlled entities (Penrith Whitewater Stadium, Penrith Performing and Visual Arts Service and Ripples - St Marys Leisure Centre) which are governed and reported separately to the normal quarterly review process.

 

However since July, a number of service consolidations and changes to service titles have since taken place, as a result of the organisational restructure and the services review process. The overall number of services for this quarterly review has therefore decreased to 46 with the changes listed below:

 

·        The “Design” and “Project Management” services consolidated into the “Design & Project Management” service.

·        The “New Urban Areas Planning” service and the “Planning Policy and Places” services consolidated into the “City Planning” service.

·        The “Sustainability Planning and Coordination” service renamed to the “Sustainability Planning” service.

·        The “Traffic and Parking Management” service renamed to “Traffic Management and Road Safety” service.

Additional service amendments are forecast in subsequent quarters as a result of the ongoing Services Review process including the integration of the Traffic Planning and Advocacy Service into the Traffic Management and Road Safety Services in the December quarter.

Conclusion

The 2009-10 Operational Plan September Quarter review indicates that the performance of Council Services is “on track” in order to meet Council’s challenging annual program despite the ongoing financial challenges faced.

 

The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any section of this report or the separately distributed Services Performance and Financial Review Summary Report.

 

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

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009-10 Operational Plan - September Quarter Review be received.

2.     The 2009-10 Operational Plan Review as at 30 September 2009, including the revised estimates identified in the recommended budget, be adopted.

3.     The recommended consolidation of Services and changes to Service names in the report be adopted.

4.     Rates Abandonments of $176,000 for 2009-2010 be written off

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

2

Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Matthew Rose, Temporary Senior Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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

At the Policy Review Committee meeting of 21st October, 2009 Council resolved to adopt a number of changes to draft Penrith Local Environmental Plan 2008 but also to defer a number of matters for further briefing.  The outstanding matters discussed in this report are the land proposed to be zoned E3 Environmental Management; land proposed to be zoned E4 Environmental Living; the Llandilo Fruit Shop; Castlereagh Township; and the extent of the Scenic and Landscape Values Mapping on land at Elizabeth Drive, Badgerys Creek.

 

The concerns with the E3 zone relate only to land in Luddenham, and the implications that an ‘environmental’ zone will have for future development potential of this area.  It is recommended that this land be deferred to allow investigation of alternate rural zones.  The outstanding issues with the E4 zone relate to land in Castlereagh and Cranebrook, and specifically the most appropriate location for the boundary between the proposed RU4 Rural Small Holdings zone and the proposed E4 Environmental Living zone.  It is recommended that all land proposed to be zoned E4 Environmental Living in Castlereagh and Cranebrook (north of Cranebrook Rd) be deferred to allow more targeted community consultation and to determine the most appropriate location for this boundary.

 

There are also concerns with the E4 Environmental Living zone in Mt Vernon and Capitol Hill, primarily relating to the permissibility of detached dual occupancy development.  Currently Capitol Hill is the only place in the City where detached dual occupancy is permitted on lots of less than 2 hectares.  Draft LEP 2008 will allow secondary dwellings in rural and environmental zones but will not permit the construction of two large dwellings on less than 2 hectares of land.  No change is recommended to this provision.

 

The Llandilo Fruit Store currently operates as a fruit and vegetable store only, but due to the limitations of the Standard Instrument a provision was exhibited which would allow a neighbourhood shop on this site.  Legal advice had indicated this would, rather than allowing a minor increase in the current operation, effectively allow a new shop to establish in addition to the fruit and vegetable store.  As this is not considered a desirable outcome, it is recommended that the listing for this site be removed from Schedule 1, allowing the current use to continue with existing use rights. 

 

Concerns were raised with the potential for the listing of the Castlereagh Township as an archaeological site to impact on development costs and sale of property.  Provisions have been developed which ensure this listing does not require any up front studies to occur, minimising any impact on development costs.  It is also recommended that specific wording be developed for section 149 certificates for land in this area which clarifies the limited effect of the listing for potential purchasers.

 

Similarly, concerns have been raised with the potential for the Scenic and Landscape Values Map to affect development along Elizabeth Drive, Badgerys Creek, particularly as this land has been identified as part of the Western Sydney Employment Lands Investigation Area.   The effect of this map, however, is to require that measures be taken to reduce the visual impact of development, not to prevent development.  The controls will be reviewed should the land be rezoned for employment purposes.

 

The report recommends that the changes outlined in the report and the associated Attachment be endorsed, to allow those changes to be made to draft Penrith Local Environmental Plan 2008.  Only once the outstanding matters are resolved can the plan be finalised. 

Background

At its meeting of 21 October 2009, the Policy Review Committee considered a report on the submissions received in response to the exhibition of draft Penrith Local Environmental Plan 2008 (LEP2008) and draft Amendment No.1 to Penrith Local Environmental Plan 1991: Environmental Heritage (LEP1991). At this meeting, the Committee resolved to defer a number of matters to allow for further briefing.  These matters were:

1.   All land within draft LEP 2008 proposed to be zoned E3 Environmental Management;

2.   All land within draft LEP 2008 proposed to be zoned E4 Environmental Living;

3.   The Llandilo Fruit Shop;

4.   The proposed listing of the Castlereagh Township as an Archaeological Site;

5.   The proposed listing of 14, 16 and 18 Pages Rd, St Marys as Heritage Items; and

6.   The extent of the Scenic and Landscape Values Mapping on land at Elizabeth Drive, Badgerys Creek

 

A separate report in this business paper discusses the proposed listing of 14, 16 and 18 Pages Road, as these items are part of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).  All other issues are discussed below.  A summary of recommendations for all issues covered in this report appears as Attachment 1.

E3 Environmental Management zone

Under the Standard Instrument, there are a total of six rural zones and four environmental zones which can be used across the state, of which two are unsuitable for Penrith.  This leaves eight zones (of which only 4 are rural) to cover the 10 land use designations adopted under the Rural Lands Strategy.   This has created a need to apply ‘environmental’ zones to some areas of rural land to reflect the specific characteristics and/or historical land use patterns associated with that land.  Additional objectives and uses have been drafted for these zones to reflect the fact that they are applying, primarily, to rural land. 

 

The E3 Environmental Management zone has been primarily applied to land designated Rural Conservation (Landscape).  This designation was mostly applied to the Mulgoa Valley, though it was also used elsewhere in the City with similar land use characteristics.  Council has received submissions objecting to the E3 Environmental Management zone in Luddenham, outside the area presently covered by Sydney Regional Environmental Plan No. 13 (Mulgoa Valley).  The primary concern raised in these submissions is that the word ‘environmental’ in the zone title will prejudice the consideration of this land as urban land in any future environmental planning instrument.  Some of the submissions request that the land be zoned as RU1 Primary Production, others request RU2 Rural Landscape, whilst others request that it be zoned RU4 Rural Small Holdings.

 

The E3 Environmental Management zone applies to the subject area because of its similarities with the Mulgoa Valley, particularly with regard to landscape character and lot size.  There are, however, also some similarities with land to the east of the subject area that will be zoned RU2 Rural Landscape and the southernmost lot has similar characteristics to the RU1 zone to the south.  Differences are predominantly in lot size, with the lots zone RU2 generally larger.  This is particularly relevant given that the RU2 Rural Landscape zone permits a number of uses that may potentially have a high impact on amenity.  These uses include crematoria, schools, places of public worship, resource recovery facilities and waste or resource management facilities and are prohibited within the E3 Environmental Management zone. 

 

As the key focus of the objections has been on the zone title, the potential impact from changes in permissible land uses have not been considered in detail.  Landowners may not be aware of the range of uses permissible in the RU1 Primary Production zone and the RU2 Rural Landscape zone.  If the zone is to be changed, then the most appropriate zone needs to be determined with reference to character, lot size and land capability.  Any change would also require re-exhibition, which should occur as part of draft LEP 2010.  This will allow appropriate public consultation.  Accordingly, it is recommended that this area be deferred, and an alternative zone or zones be investigated through an examination of the surrounding zones.

 

Other areas in the City proposed to be zoned E3 Environmental Management include:

·    Mulgoa Valley: There were no significant objections raised to the land use provisions within or the title of the E3 Environmental Management zone from residents within Mulgoa Valley.  The Mulgoa Progress Association also gave its support for the zone.   

·    Fernhill: The Fernhill estate is within the Mulgoa Valley and hence predominantly zoned E3.  Draft LEP 2008, as exhibited, removes a dwelling right from some properties in the north of the estate.  It is recommended that the boundary between the E3 Environmental Living and the E2 Environmental Conservation zone in this area be modified to retain a dwelling right on these properties.

·    Land on the southern and western bank of the Nepean River, between the river, the Emu Plains Correctional Centre and Boral: Council received one submission requesting a change in the minimum lot size from 20 hectares to 2 hectares.  However, as all of the land is flood prone it is not suitable for further subdivision.  All of the currently carried out uses can continue with the benefit of existing use rights.  No change to draft LEP2008 is required.

·    Land along the Eastern Escarpment: The E3 Environmental Management zone applies to a number of lots along the Eastern Escarpment because the land is constrained due to the slope and bushfire risk.  Some of the sites are also visually prominent.  The application of the E3 Environmental Management zone reflects the Rural Conservation (Landscape) designation contained within the adopted Rural Lands Strategy. 

E4 Environmental Living zone

Castlereagh and Cranebrook

The most significant concerns regarding the application of the E4 Environmental Living zone relate to the suburbs of Castlereagh & Cranebrook (north of Cranebrook Rd) which are designated Rural Living (2 hectares) under the Rural Lands Strategy.  Council has received a large number of submissions regarding the E4 Environmental Living zone, some of which support the zone, and some of which object to it.  Objections were primarily based on the perceived drop in land value and reduced purchaser market if the potential to carry out agriculture was lost.  Support for the zone was primarily based on the reduction in land use conflict and negative amenity impacts which currently arise from agricultural uses, including dust, noise and traffic.

 

The eastern section of this area has a higher percentage of agricultural and commercial uses, including market gardens, plant nurseries, horse breeding and training establishments.  In contrast, the western section along the escarpment is predominantly rural-residential in nature (84% of properties do not have agriculture uses).  This difference in character, combined with the ecological and aesthetic values associated with the escarpment above the Lakes, resulted in a recommendation that the area to the east be deferred, and re-exhibited as RU4 Rural Small Holdings and the area in the west retain the E4 Environmental Living zoning. 

 

There are, however continued objections to the E4 Environmental Living zone across the entire area being driven by a number of landowners in the Eastern Area who have stated that they represent all of the landowners.  A petition against the E4 zone was submitted to the October 2009 Policy Review Committee Meeting.  A copy of the information provided to people to help inform their decision to sign the petition was not provided, casting doubt on the robustness of the petition.  Nevertheless, signatories to this petition represented 33 of the 161 properties located within the Western Area, which is 19%. 

 

The critical analysis that Council has conducted into the differences between the two areas indicates that a revised land zoning that applies both the RU4 Rural Small Holdings zone and the E4 Environmental Living zone to this area is appropriate.  The exact makeup of these two zones however may still require some additional investigation.  Given the conflicting messages being received from the community, it is also clear that a targeted, specific consultation process needs to be undertaken to clearly understand the expectations and aspirations of all members in the community. 

 

Accordingly, it is recommended that the entire area proposed to be zoned E4 in Castlereagh / Cranebrook (north of Cranebrook Rd) be deferred from LEP2008, to allow for a more detailed and specific community consultation program to occur.  This will inform the location of the zone boundary between the E4 Environmental Living and RU4 Rural Small Holdings zones. 

 

Mt Vernon and Capitol Hill

Mt Vernon and Capitol Hill are rural residential subdivisions with a prevailing lot size of 1 hectare.  The two suburbs are designated Rural Living (1 hectare) by the Rural Lands Strategy.  Council did not receive any objections to the name of the zone or the land use table from landowners within these suburbs.  There are, however, two outstanding issues relating to Capitol Hill. 

 

Council received a submission from Mr Seraglio who owns a large lot in Capitol Hill that has been approved for subdivision into 1-hectare lots, but has not yet been physically subdivided.  The submission requests that ‘agriculture’ be listed as a permissible use in Schedule 1: Additional Permitted Uses of draft LEP2008.  This will allow the current agricultural uses (that is tree farming, cattle grazing and irrigated crops) to continue.  This is the only instance in which agriculture would be appropriate in the two suburbs.  As the agriculture use will cease as the land is subdivided, it is more logical to include it as a permissible use for this site than it is to change the zone.  This will prevent the need for any rezoning exercise once the subdivision occurs. 

 

Council has also received a number of submissions from residents of Capitol Hill objecting to the fact that draft LEP 2008, as exhibited, will prohibit dual occupancy development on lots of less than 2 hectares.  Currently, there is a minimum standard of 2 hectares for detached dual occupancy which applies across all rural areas except Capitol Hill.  Dual occupancy cannot currently be subdivided in the rural areas, and will not be able to be subdivided under draft LEP 2008.   

 

The key impact of increasing density in rural areas is the cumulative impact of on site effluent disposal systems.  Council’s Environmental Health Officers agree it is technically possible to accommodate two effluent disposal systems on one hectare, however there are strong concerns about maintenance and ongoing effectiveness of the systems when other development on lots is carried out.  The new SEPP for Exempt and Complying Development will allow, without consent, a number of uses which could significantly decrease the utility of the system, depending on their location on the block.  These uses include patios, garages, carports, driveways and above ground swimming pools. 

 

Draft LEP 2008 will still allow the construction of two dwellings on a block of less than two hectares, however the second dwelling must fit within the definition of “secondary dwelling”.  A secondary dwelling is a second, self contained dwelling on a site which can be either attached or detached from the primary dwelling.  The key limitation is size – secondary dwellings must be no more than 60 sqm or 10% of the combined floor area of both the primary and secondary dwelling.  The effect of this restriction is to allow a dwelling which increases in size with the size of the main dwelling to a maximum of approximately 110sqm.  This floor area can potentially accommodate a three bedroom house, excluding a garage. 

 

In order to ensure that landowners understand that a second, detached dwelling is still permissible it is proposed to prepare a fact sheet which will explain how to calculate the permissible floor area and some sample dwelling designs.  As the majority of submissions received reference a desire to construct dual occupancy to accommodate family members, in many cases a secondary dwelling will be sufficient. 

 

Allowing a detached dual occupancy on lots of 1 hectare in Capitol Hill is an anomaly, which either needs to be extended across the entire city or removed from the plan.  Given the concerns about effluent disposal for two large dwellings on a 1 hectare block, it is recommended that the anomaly be removed from the plan and the restriction on dual occupancy to lots of 2 hectares or larger remain.   

 

In addition to the areas discussed above, a number of other areas across the City are proposed to be zoned E4 Environmental Living.  These include

·    Twin Creeks: A separate report on Twin Creeks is provided elsewhere in this Business Paper. 

·    Land to the east of Mulgoa Village: This area has generally been developed for rural residential purposes, taking advantage of its location on the outskirts of Mulgoa Village.  Council did not receive any objections to the E4 Environmental Living zone and no change is recommended. 

·    Land facing the Driftway, to the east of Castlereagh Road: The adopted Rural Lands Strategy designates the site as Rural Living (1 hectare).  Council did not receive any objections to the E4 Environmental Living zone and no change is recommended.

·    Land in Cranebrook, south of Cranebrook Rd: This land is designated as Rural Living (1ha).  Although submissions were received from landowners in this area, they generally related to requests for a reduction in minimum lot size.  This has been addressed in Discussion Papers previously presented to Council, and is not supported. 

·    Land to the west of The Northern Rd, between The Northern Road and Glenmore Park:  Although this area is not included in the Rural Lands Strategy, it has a rural-residential land zoning under Local Environmental Plan 1998: Urban Land.  The most appropriate translation of the current zone for is the Environmental Living zone.  The landowners objected to this for a number of reasons, including the fact that there is a current Site Compatibility Statement for Seniors Living applying to the site.  The proposed E4 zone is consistent with Council’s long held planning policy for the area and it is not recommended that it should change.  However, it is recommended that the site be deferred from draft LEP 2008 to enable the landowners to pursue development under the Site Compatibility Statement without the difficulties arising from a non-conforming zone.

Llandilo Fruit Shop

The fruit store in Llandilo has been operating for close to 20 years.  It originally commenced operation as a roadside stall and its size and the range of goods sold have grown over time.  Clause 41 of Local Environmental Plan 201 Rural Lands currently applies to this site and allows a fruit and vegetable store with a maximum floor area of 150 square metres (not including the bulk storage area) that can sell only fruit and vegetables, and as an ancillary use, bread, milk, cigarettes, confectionary, soft drinks, fruit juice, flowers, potted plants, pasta, eggs and honey.  Since the introduction of these provisions in 1992, the landowner has, on numerous occasions, applied to increase both the range of goods sold and the size of the store.  The owner’s challenges against the local environmental provisions in the Land and Environment Court have so far been unsuccessful. 

 

There is no way replicate the provisions currently applying to the site under the Standard Comprehensive LEP Template.  The most appropriate definition under the Template is ‘neighbourhood shop”, which is defined as a

“retail premises used for the purpose of selling foodstuffs, personal care products, and other small daily convenience goods for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank, newsagency or dry cleaning.”

 

Penrith draft LEP 2008 zones the site as RU4 Rural Small Holdings.  As a neighbourhood shop is not permissible in this zone, the exhibited plan listed “neighbourhood shop” as an additional permissible use for this site.  Clause 5.4 of draft LEP 2008 limits the floor area of neighbourhood shops to 200 square metres.  The change in definition and associated provisions of draft LEP 2008 as exhibited represent an increase in the range of goods and floor space over that which is currently permissible.

 

Both Mr Agostino, the owner of the Llandilo fruit store, and the Fabiano family, the owners of the Llandilo General Store, lodged objections to the provisions of draft LEP 2008 as exhibited.  Mr Agostino objected on the basis that the proposed planning controls, principally the 200 square metre maximum floor area, would place significant economic hardship on the owners.  Mr Fabiano indicated that he did not support the use of the site as a general store/neighbourhood shop as it will affect his business.  He does not believe the population of Llandilo has increased significantly to justify having two general stores within close proximity of each other.  Mr Fabiano does not object to the use of the site as a fruit and vegetable store. 

 

It was originally recommended that this site be deferred from draft LEP 2008 to allow more time to negotiate a solution; however, the Department of Planning has strongly indicated that the deferral of issues may delay or even prevent the plan from being made.  Draft LEP 2008 therefore needs to include provisions relating to this site.  There are three possible options for these provisions: 

1.   Apply draft LEP 2008 as exhibited, which will allow a neighbourhood shop of up to 200sqm.  This will allow an expansion in the range of goods sold and the size of the store.

2.   Continue to list the site in Schedule 1 as a neighbourhood shop, but limit the floor space to 150sqm. 

3.   Remove this site from Schedule 1, which will mean that the current fruit and vegetable store can continue to operate under existing use rights. 

 

Legal advice has raised concerns with listing the site in Schedule 1 to allow a neighbourhood shop as it is highly likely that this would in fact permit the establishment of an entirely new operation, in addition to the fruit and vegetable store.  This is certainly not the intention of listing the site in Schedule 1, nor is it a desirable situation.  It is therefore recommended that the listing for this site in Schedule 1 be deleted, which will have the effect of allowing the current operation to continue under existing use rights. 

Castlereagh Township

The draft Heritage Study 2007 recommends the listing of Castlereagh township given the outstanding association with key colonial era administrators and pioneers.  Governor Macquarie selected the site of Castlereagh in 1810 and revisited the surveyed site in 1811 and again in 1815, inspecting the completed schoolhouse and parsonage.  The site helps to demonstrate colonial era land management practices and is significant because it was the first town reserve in the Nepean Region.  The township also has high aesthetic values, including the tree cemetery reserve, bushland setting of the road reserves and views to distant historic homesteads and sites.

 

In 2010, Australia will be celebrating the 200th anniversary of the swearing in of Lachlan Macquarie as Governor of New South Wales on 1 January 1810.  The 200th anniversary of his order to survey and lay out the town of Castlereagh will occur during December 2010.  Formally recognising the Castlereagh Township as an archaeological site is a clear step in promoting the history of the city and will help protect the remaining subdivision layout and road pattern as well as provide a level of protection for any archaeological artefacts that may remain in the area. 

 

The Department of Planning’s Standard Instrument provides three mechanisms to protect heritage items, places or sites – listing as a heritage item, identification as a Heritage Conservation Area or identification as an Archaeological site.  Council is unable to change the names of these categories or create additional ones. 

 

The proposed listing of the Township as an archaeological site, in combination with appropriate controls in the draft Development Control Plan, presents the most balanced option of protecting the township and any artefacts.  The draft controls recognise the fact that the township was not fully developed and do not require any heritage analysis to support a development application.  The draft controls require consented work to cease only if an artefact is found, and heritage analysis would only be required in response to a direction from the NSW Heritage Branch following its assessment of the significance of the discovered artefact.  This option provides appropriate recognition for the township, but has the least impact on property owners wishing to develop their land. 

 

The draft development control plan will also be amended to include less onerous archaeological investigation controls for Castlereagh Township, meaning that there will be no up-front costs associated with the listing in the preparation of a development proposal.  In addition, specific wording will be developed for section 149 certificates for properties within the township, which clearly explains that the listing as an archaeological site does not limit development, or require any up front studies to be carried out. 

Scenic and Landscape values along Elizabeth Drive

Draft LEP 2008 introduces a Scenic and Landscape Values Map that applies to land which is visually prominent from main roads or other public places.  Some landowners along Elizabeth Drive have expressed concern about the Scenic and Landscape Values Map; particularly in the context of restrictions on development should the land be rezoned for employment purposes as part of the Western Sydney Employment Lands Investigation Area (WSELIA).  They have requested the removal of the Scenic and Landscape Value Map from their properties, or at the least, a substantial reduction in its extent. 

 

Clause 6.5 of draft LEP 2008 applies to land affected by the Scenic and Landscape values map, and requires that, prior to granting development consent, Council  is satisfied that measures have been taken,

“…including in relation to the location and design of the proposed development, to minimise the visual impact of the development from major roads and other public places.”

 

The Scenic and Landscape values provisions do not act to prohibit development, and are imposed in relation to the current rural context of the area.  Any future review of the land use, including any outcomes of the State Government planning investigations for the WSELIA, would also require review of the applicable controls, including the scenic and landscape values.  It is more appropriate that the extent of the area shown on the map be reviewed when any future change to land uses as part of the implementation of WSELIA are known.  Given that there is currently no public timeframe for the studies to be conducted, any review of the controls in draft Penrith LEP 2008 to respond to WSELIA would be highly premature, and based on supposition rather than fact. 

 

Accordingly, no change is recommended to the Scenic Character and Landscape Values Map.

Next Steps

The issues outlined in this report represent the outstanding issues from the public exhibition of draft Penrith Local Environmental Plan 2008.  A summary of the individual recommendations relating to land in the E3 Environmental Management zone and E4 Environmental Living zone, Llandilo Fruit Store, Castlereagh Township and the Scenic and Landscape Values Map appears as Attachment 1.  Once these recommendations are adopted the final changes to the draft plan can be made. 

Conclusion

Responding to the issues raised in the public exhibition of draft Penrith Local Environmental Plan 2008 has been a significant task that has taken ten months.  The issues raised were often complex, and in several cases generated significant controversy within the community.  It is important to remember that with a plan which covers the range of areas and issues that are encompassed by draft LEP 2008 there will always be issues which are not resolved to the satisfaction of all parties.  Council has an obligation to plan for the future community as well as current residents, and as such needs to make decisions based on sound reasoning.  Council has the opportunity to review plans if it becomes clear that the character of an area is not developing as expected, or moves away from the character anticipated by the zone. 

 

Draft Penrith LEP 2008 represents the implementation of the Rural Lands Strategy, adopted by Council in 2003.  Although the focus has been on those issues where the community or individual landowners have expressed concern with the draft plans, in many cases residents have been waiting for years for the Rural Lands Strategy to be implemented.  Council is now receiving submissions objecting to the length of time it has taken for the change in provisions foreshadowed by the Rural Lands Strategy to come into force. 

 

Draft Penrith LEP 2008 cannot progress until the final outstanding matters are resolved.  Elsewhere in this Business Paper is a report which recommends that the changes foreshadowed by the recommendations are made to the draft plan, and that it is subsequently forwarded to the Minster for gazettal.  A number of matters will be deferred to draft Penrith LEP 2010 (Stage 2) allowing greater investigation prior to recommending a solution.  It is critical that all remaining matters are now determined, in order to allow the Local Plan process to continue. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 be received.

2.     The recommendations included in the Attachment to this report be adopted. 

 

ATTACHMENTS/APPENDICES

1. View

Summary of Recommendations

8 Pages

Appendix

  


Ordinary Meeting

30 November 2009

Appendix 1 - Summary of Recommendations

 

 

 

 

 

 

Attachment 1

 

Summary of Recommendations relating to outstanding issues from the public exhibition of draft Penrith Local Environmental Plan 2008.

 

 

·    E3 Environmental Management zone

·    E4 Environmental Living zone

·    Llandilo Fruit Store

·    Castlereagh Township

·    Scenic and Landscape Values along Elizabeth Drive

 


Ordinary Meeting

30 November 2009

Appendix 1 - Summary of Recommendations

 

 

 

Introduction

This document summarises the recommendations which relate to matters arising from the exhibition of draft Penrith LEP 2008 that were not finalised at the Policy Review Committee Meeting of 21 October 2009, and the subsequent Ordinary Meeting of 9 November 2009.


 

Chapter 1   Rural Land Use Zones

Submission Nos. 317; 321; 327; 339; 340; 343; 355-358; 373; 378; 381; 383; 407; 433-435; 637, 647 (total 20); Application of the E3 Environmental Management zone outside the Mulgoa Valley

Proposed amended recommendation:

1. That part of Luddenham exhibited as E3 Environmental Management be deferred from the draft plan, and a suitable zone be determined following an investigation of the surrounding zones. 

2. The application of clause 6.12 Mulgoa Valley be modified to conform with the boundary of SREP 13.

3. The properties listed as part of the Mulgoa Irrigation Canal archaeological site in the Environmental Heritage Schedule of draft LEP 2008 in this area, being Lot 6 DP 249113 and Lots 13-16 DP 252072, be deferred to draft LEP 2010.  (Note: amendments to draft Penrith DCP 2008 will be made requiring less onerous archaeological investigations).


Submission No. 326; 910-948 and 850-882 Mulgoa Road, Mulgoa

Proposed Recommendation:  No change to draft Penrith LEP 2008 is recommended. 


Submission No. 413a; Lot 2 Lapstone Place, Leonay

Proposed Recommendation:  That an area of approximately 2ha in the vicinity of Lapstone railway station, as proposed in the submission, be zoned E3 Environmental Management, with the remainder of Lot 2 DP 242718 zoned E2 Environmental Conservation.


Submission No. 413b; 25-27 Old Bathurst Road, Emu Heights

Proposed Recommendation:  No change to the draft LEP or DCP is recommended.


Submission No. 421; 2–24 St Thomas Road, Mulgoa

Proposed Recommendation: No change to the draft LEP is recommended.


Submission No. 438; Mulgoa Creek

Proposed Recommendation: No change to the draft LEP is recommended.


Submission No. 440; 1006 Mulgoa Road, Mulgoa

Proposed Recommendation: No change to the draft LEP is recommended.


Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa

Proposed amended recommendation:

1. That the areas shaded dark green (conservation area), light green (passive regeneration area) and light blue (assisted regeneration area) in Figure 2 of the Vegetation and Fauna Management Plan be zoned E2 Environmental Conservation, with the remainder of the land zoned E3 Environmental Management.

2. That the site not be included in Schedule 1 of the LEP.

3. That both Lot 1 DP 996994 and Lot 1 DP 1035490 be listed in the Environmental Heritage Schedule of draft LEP 2008.

4. That the southern leg of St Thomas Road be retained in the Environmental Heritage Schedule of draft LEP 2008.

5. That Lot 2 DP 570484, 121-131 St Thomas Road, Mulgoa be zoned E3 Environmental Management.


Submission No. 591; ‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa

Proposed Recommendation: 

1. That the riparian complex of River Flat Eucalypt Forest and Swamp Oak Floodplain Forest be zoned E2.

2. That the area circled in blue in figure 4 be zoned E2.

3. That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land.

4. That the area circled in red in figure 4 be zoned E3.

5. That the remainder of the site, not identified in the areas above, be zoned E3.

   (Note:  Figure 4 refers to the figure on page 42 of Chapter 1 of the Discussion Paper enclosed to Policy Review Committee meeting report of 13 July 2009).


Submission Nos. 63; 192; 230-231; 277; 282; 292; 298; 300-301;  303-308; 313-316; 318; 320; 322; 344; 349; 353; 359-361; 372; 384-386; 391-393; 400; 412; 416; 419-420; 432; 445; 452; 458-460; 464; 474; 488; 511; 549-550; 553; 561; 569-570; 572-573; 578-581; 593-594; 623-624 (total 67 object) and 328-334; 346; 369; 414; 436-437; 444; 551; 576-577 (total 16 support); E4 Zone – Castlereagh & Cranebrook

 

Proposed amended recommendation:

1. That area of Castlereagh and Cranebrook proposed to be zoned E4 Environmental Living be deferred from draft LEP 2008, to determine the most appropriate location for the zone boundary.

2. Investigate including the corridor land zoned RE1 along South Creek and Ropes Creek in Schedule 1 to allow agriculture with consent, for exhibition in Stage 2 of the draft LEP.


Submission Nos. 366; 367; 450;   Chain-O-Ponds Rd, Mulgoa

Proposed Recommendation:  No change to draft Penrith LEP 2008 is recommended.


Submission No 448; 2075-2113 The Northern Road and 1-29 Bradley St Glenmore Park

 

Proposed amended recommendation: That the land zoned E4 along The Northern Road Glenmore Park be deferred from the draft Plan and reinserted into draft Local Environmental Plan 2010 (Stage 2) without a change in the zoning.


Submission No. 575; 1348-1350 Mulgoa Rd, Mulgoa

Proposed Recommendation:  No change to the draft LEP.


Submission No. 1; Rural and Environmental zones

Proposed Recommendation:  No changes be made to the draft LEP for schools, tertiary institutions, places of public worship or child care centres.


Submission No. 312

Proposed Recommendation:  That:

1. Further discussions take place with the Department of Planning to determine whether workplace training centres, private colleges and community colleges are covered by the definition of ‘educational establishment’ or whether changes can be made in the next review of the standard LEP template.

2. Controls, relevant legislation, background information and figures be inserted/amended in the relevant sections of Chapter D5 of the DCP as indicated in the table above.

3. The Local Plan Team continue to work with Development Services to determine whether the following controls should be included in the draft DCP:

a) Minimum frontage and site area for places of public worship;

b) Requirements for residential accommodation associated with places of public worship; and

c) Buffer zones for telecommunications facilities.

 

The definition of ‘accumulative building footprint’ should also be clarified.

 


Chapter 2 Rural subdivision

Submission No.s 190; 205; 290; 293; 461 and 545; Crane Place, Cranebrook

Proposed Recommendation:  Further liaison be undertake between the landowners, Council officers, Sydney Water and the Department of Planning to determine whether the landowners are willing to undertake the necessary studies and therefore whether further subdivision in this area can be serviced or supported. 

No change to the plan is recommended. 


Submission No. 405; 155A Vincent Rd, Cranebrook

Proposed Recommendation:  No change to the draft LEP. 


Submission No. 454; Riverside Road, Emu Heights

Proposed amended recommendation: That the minimum lot size map be varied to permit the proposed subdivision.


Submission No. 158; Lots 12-45 Littlefields Rd, Mulgoa

Proposed RecommendationNo change to the draft LEP.


Submission No. 194; 255-279 Fairlight Road, Mulgoa

Proposed Recommendation: No change to the draft LEP


Submission No. 456; 842-848 Mulgoa Road, Mulgoa

 

Proposed recommendation: Retain the proposed zoning for Site A (842-848 Mulgoa Road, Mulgoa – Lot 201 of DP804405 & Lot 22 of DP537922), but amend the minimum lot size map for the site to 20-hectares.  No changes to the draft plan are required with respect to Site B (752A Mulgoa Road, Mulgoa – Lot 28 of DP752044).


Submission No. 468; 126-130 Littlefields Road, Mulgoa

Proposed Recommendation:  No change to draft Penrith LEP 2008.


Chapter 3  Rural land – other issues

Environmentally Sensitive Land Cranebrook / Castlereagh

Submission Nos. 16-17; 23; 33; 63; 146-148; 156; 161; 165; 189; 192; 201-202; 214- 218; 230-231; 277; 282; 285; 287-288; 292; 295; 298; 300-301; 303-310; 313-316; 319-320; 322; 341; 344-345; 349; 353; 359-361; 372; 376; 382; 384-386; 393; 408; 412; 415-416; 419-420; 432; 445; 452; 458; 464-465; 474; 488; 511; 532; 549-550; 553; 561-562; 572-573; 578-581; 593-594; 623-624 (total 93);

 

Proposed amended recommendation:

That part of Castlereagh and Cranebrook proposed to be zoned E4 Environmental Living be deferred from draft Penrith LEP 2008,  to allow the most appropriate location for the zone boundary to be determined. 

 

Proposed amended recommendation:  That the extent of ESL hatching on land at 83 Taylor Road be amended.

 


1-4 Old Bathurst Road, Emu Plains

Submissions received: 6, 7, 8, 11, 22, 26, 27, 166, 200, 203, 204, 206, 233, 269, 270, 274, 275, 276, 278, 279, 280, 284, 291, 297, 350, 404, 422, 455, 495

 

Proposed amended recommendation: That portion of the site proposed to be zoned E4 Environmental Living be deferred from draft LEP 2008 to allow for completion of the flood modelling, and an appropriate zoning regime be exhibited as part of draft LEP 2010.


Flood Planning Land

Proposed Recommendation:  That:

1. Flood planning land maps be revised as part of Stage 2 of the LEP process, to address inclusion of all land known to be flood affected, and apply a freeboard of 0.5 m.

2. Draft Penrith DCP 2008 be amended to include a map of flood liable land (all land affected by the probable maximum flood). 


Requests rezoning to mix of RU5, B4, E4 and IN1 zones

Submission No. 390

Proposed Recommendation: No change be made to the draft LEP at this time. 


Wallacia Golf Club

Submission No. 249; Corner Mulgoa Road and Park Street, Wallacia

Recommendation:  No change be made to the draft LEP.


Llandilo Fruit and Vegetable Store

Submission Nos. 336-338, 469 and 482; 312 Third Avenue, Llandilo

Proposed amended recommendation:  That Schedule 1 of draft LEP 2008 be modified to remove the listing for this site.


Rural Truck Keeping

Submission No.s 379, 380, 387, 388, 425 – 431, 483, 493, 494, 546, 548, 552, 554, 555, 557 – 560, 564, 570, 583 – 588, 590, 598 – 601, 603, 626 – 632, 634 and 635

Proposed Recommendation:  Schedule 2 Exempt Development be amended to include the keeping of up to two trucks or plant in the RU1, RU2, RU4, E3 and E4 zones. 


Dual Occupancy in Mt Vernon and Capitol Hill

Submission Nos. 463, 568, 582, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622 (total 22)

 

Proposed amended recommendation: No change to the draft LEP.  Draft DCP 2008 be amended to ensure that they are consistent with draft LEP 2008 with regard to dwellings on land affected by the 25 ANEF contour. 


Fernhill Estate, Mulgoa

Submission No. 470; Fernhill Estate, Mulgoa

 

Proposed amended recommendation:

1. Amend the boundary between the E2 and E3 zones on Lot 2 DP 211795, Lot 12 DP 610186, Lots 1-4 DP 260373 and Lot 31 DP 237163 as shown in Figures 2 and 3 of Attachment 4 to the Policy Review Committee meeting report of 21 October 2009.

2. Amend the minimum lot size map to restore subdivision rights currently available under SREP 13.

3. Consider any adjustments to the environmentally sensitive land map, the scenic and landscape values map and the heritage map when further detailed studies are provided for the “holistic heritage and land release proposal for Fernhill”.

4. Ensure Lot 5 DP 23781 near the corner of Mayfair Road and Mulgoa Road is not included in the curtilage for Fernhill.


Chapter 5 Heritage Items

Archaeological Site, Castlereagh Township

Submission No’s 18, 282, 353, 363, 412, 419, 464 & 553

Proposed Recommendation:  No change is recommended to the heritage listing of the Castlereagh Township as an archaeological site, but amendments, to the draft Penrith DCP 2008, that require less onerous archaeological investigations for this area are recommended.


Submission No 159; Winbourne, Mulgoa

Proposed Recommendation:  Schedule 5 of the draft LEP 2008 should be amended to identify this item as having ‘Local Significance’ only.


Submission No’s 168, 198, 248 and 268; Mulgoa Irrigation Scheme (Dam & Irrigation Channels)

Proposed Recommendation: The property located at Lot 7 DP1046980 should be removed from the Environmental Heritage Schedule, whilst all of the other properties should be retained.


Submission No. 421 – Mulgoa Valley

Final Recommendation: That the listing of Cox’s Cottage, Mulgoa within the draft LEP 2008 is extended to include Lot No. 4 of DP241971 (2-24 St Thomas Road).


Submission No. 476: Former Mulgoa Road Alignment

Proposed Recommendation: The local heritage listing is retained - assisting the Council in meeting its commitment to support the conservation and enhancement of the heritage of the City.


Submission No 656: Cox’s Cottage, Mulgoa

Proposed Recommendation: That the listing of this item within the draft LEP 2008 is extended to include Lot No’s 2 and 4 of DP241971 (1012-1026 Mulgoa Road and 2-24 St Thomas Road respectively).


Submission No. 636: Department of Education & Training

Proposed Recommendation: No changes to the draft LEP 2008 are required.



Ordinary Meeting

30 November 2009

A Leading City

 

 

 

3

Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Matthew Rose, Temporary Senior Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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

Draft Amendment No. 1 to Local Environmental Plan 1991 (Environmental Heritage Conservation) (LEP1991) was exhibited during October-December 2008 as part of the suite of Stage 1 Planning documents.  The proposed amendment brings the plan in line with the heritage provisions in the Department of Planning’s Standard Local Environmental Plan Template and updates the schedule of listed heritage items, heritage conservation areas and archaeological sites to reflect the findings of the draft Heritage Study 2007 (the Study).

 

Council’s draft Heritage Study (prepared between 2004 and 2007) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in LEP1991.  The amendment lists a total of 149 Heritage Items, 5 Heritage Conservation Areas and 5 Archaeological Sites.  This amendment, if gazetted, will ensure that heritage conservation provisions are consistent across the City and that all significant items, conservation areas and archaeological sites are protected.

 

One of the more contentious issues that arose from the exhibition of the draft amendment is the proposed listing of 14, 16 and 18 Pages Road, St Marys.  The property owners have made a number of submissions in response to the exhibition of the draft plan and have addressed Council meetings with their concerns.

 

The current recommendation to list 14, 16 & 18 Pages Road within LEP1991 is strongly supported by the available heritage information and the independent heritage assessments commissioned by Council.  The studies and assessments confirm that the properties are all significant because they help to demonstrate the early phases of the development of St Marys with the construction of outlying working class cottages presumably associated with one of the number of industries located in St Marys.  The heritage significance of the properties is strengthened by their existence as part of a group of similar buildings.

 

Whilst the property owners have, on a number of occasions, questioned the process that has led to the recommended listing of the properties, they have not provided any heritage-based evidence that suggests that the properties are not worthy of listing.  It is therefore recommended that the proposed listing of the properties is retained in the draft amendment to LEP1991.

Background

At its meeting of 21st October 2009, the Policy Review Committee considered a report on the submissions received in response to the exhibition of draft Penrith Local Environmental Plan 2008 (LEP2008) and draft Amendment No.1 to Penrith Local Environmental Plan (Environmental Heritage Conservation) (LEP1991).  At this meeting the Committee resolved to defer a number of matters to allow for further briefing.  These matters were:

1.   All land within draft LEP2008 proposed to be zoned E3 Environmental Management;

2.   All land within draft LEP2008 proposed to be zoned E4 Environmental Living;

3.   The Llandilo Fruit and Vegetable Shop;

4.   The proposed listing of Castlereagh Township as an Archaeological Site;

5.   The proposed listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items;

6.   The extent of the Scenic and Landscapes Values Mapping on land at Elizabeth Drive, Badgerys Creek.

 

A separate report in this business paper discusses items 1 through to 4 and 6, as these items are part of draft LEP2008.  The proposed listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items is discussed below. 

Introduction

Council’s draft Heritage Study (prepared between 2004 and 2007) (the Study) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in Council’s draft LEP2008 or the draft Amendment to LEP1991.

 

The authors of the Study followed the Local Government Heritage Guidelines (2002) (the Guidelines) provided by the Department of Planning’s Heritage Branch.  The Study examined both existing and potential new items.  The recommendations within the Study are based on facts and the robust and consistent assessment of items against the criteria listed in the Guidelines.  The Study consists of three volumes:

 

1.   The Study Report

2.   Thematic History

3.   Locality Profiles

 

The Thematic History Volume is structured on the themes established by the Department of Planning’s Heritage Branch and provides the context within which the heritage significance of an item can be understood, assessed and compared.

 

Council exhibited draft LEP2008 and the draft amendment to LEP1991 between October and December 2008, with submissions formally accepted until 30 January 2009.  A number of submissions were received in response to the proposed listing of heritage items, heritage conservation areas and archaeological sites.  The submissions either objected to or supported the listings proposed in the exhibited draft documents.  The content, and therefore the strength, of the submissions varied and included opinions, anecdotal evidence, clarification of certain issues and heritage based evidence. 

 

Although detailed reports from professional heritage consultants accompanied some of the submissions, it was not necessary for property owners to commission such reports to argue against the listing of a property.  In some cases Council also needed to corroborate the information provided by some of the submissions and commissioned an independent heritage consultant to conduct a review of the information and reassess the significance of the proposed item.

 

Council Officers presented the results of the exhibition of the draft plans to Councillors as a series of briefing sessions that culminated in the presentation of the Discussion Paper to the Policy Review Committee at its meeting on 13 July 2009.  A number of property owners addressed this meeting, restating their concerns with the proposed listings.  The Policy Review Committee resolved to defer its consideration of the draft plans to allow Council Officers to carry out a further consultation exercise with the people who addressed the meeting.

 

Between July and October 2009 Council Officers met with the people who addressed the Policy Review Committee Meeting to discuss their outstanding concerns and allow the consideration of any further information they wished to provide.  The Policy Review Committee’s decision to defer consideration of the draft plans also allowed time to commission further professional and independent reviews of the significance of a number of the proposed items. 

 

Council Officers presented the results of the further consultation exercise and reviews to the Policy Review Committee at its meeting on 21 October 2009.  The number of property owners that addressed this meeting with outstanding concerns about the listing of items within the draft plans had significantly reduced.  This reduction highlights the effectiveness of the further consultation exercise and the robustness of the further reviews.  The listing of 14, 16 and 18 Pages Rd, St Marys is now the only outstanding issue in relation to draft Amendment 1 to Penrith LEP 1991 (Environmental Heritage Conservation).

The Proposed Listing of 14, 16 and 18 Pages Road, St Marys, as Heritage Items

Council received a submission from the owner of 14 Pages Rd, St Marys and a submission from the owners of 16 and 18 Pages Rd, St Marys.  The submissions objected to the proposed listing of the properties as heritage items within LEP1991.  The owners of 16 and 18 Pages Road addressed the July Policy Review Committee Meeting, restating their concerns with the proposed listing of the two properties. 

 

Council Officers met with the owners of the properties during September 2009 in an attempt to resolve any outstanding concerns.  All three of the properties were also subject to a further, independent review by a heritage consultant who found they had a level of heritage significance and recommended that the properties were worthy of listing in LEP1991.

 

Despite the efforts of Council Officers to resolve the property owner’s concerns during the September meetings and the results of the independent review, the family that owns 16 and 18 Pages Road made an additional submission objecting to the proposed listing of the two properties.  Council received this submission on the morning of the October Policy Review Committee Meeting, well outside of the timeframe Council had set for responses to the exhibition of the draft amendment to LEP1991.  The owners of all three properties also addressed the October Policy Review Committee Meeting raising a series of questions.

 

The remainder of this report addresses the questions raised by the property owners that are directly relevant to the proposed listing of 14, 16 and 18 Pages Road, and which have not already been answered in the reports presented to Council’s Policy Review Committee at its July and October meetings.  Answers to the questions are grouped into the following themes:

·    Assessing the significance of the properties;

·    Property values;

·    The cost of owning a heritage item;

·    Perceived restrictions on owners of heritage items;

·    Comparison of the two properties with other heritage items;

·    Conservation of the two properties; and

·    Consideration of recent development applications to demolish proposed heritage Items.

 

Assessing the Significance of the Properties: The current recommendation to list 14, 16 & 18 Pages Road within LEP1991 is strongly supported by the available heritage information and the independent heritage assessments commissioned by Council.  The available information includes the draft Heritage Study 2007 (three volumes); a review of the initial heritage assessment (which was provided by the draft Heritage Study), 2009; and the St Marys Industrial Heritage Study, 1987.

 

The studies and assessments confirm that the properties are all significant because they help to demonstrate the early phases of the development of St Marys with the construction of outlying working class cottages presumably associated with one of the number of industries located in St Marys at that time.  The heritage significance of the properties is strengthened by their existence as part of a group of similar buildings.

 

The draft Heritage Study and the review of the heritage significance of the three properties were undertaken by independent consultants who have based their work and the recommendation to list the properties on the general context of what is known about the development of St Marys and the physical evidence expressed in the architecture of the buildings.  The consultants have interpreted this information using both their skills and experience.

 

At the time of writing this report, none of the submissions currently before Council have included heritage-based evidence that suggests that the properties are not worthy of listing in LEP1991.

 

Property Values: The property owners have stated that the listing of the properties will reduce their value.  There are, however, a number of studies available that demonstrate that property values are not negatively affected by heritage listing (that is, the impact has been neutral or positive).  The research carried out for the studies suggests that other factors such as location, general amenity, level of ethnicity, crime and the condition of a dwelling are greater influences on property value than heritage designation.

 

The Cost of Owning a Heritage Item: The property owners have advised that they consider the cost of maintaining, repairing and insuring the properties will increase in response to the heritage listing.  The information available to Council suggests that this is not the case.

 

The draft amendment to LEP1991 does not require property owners to maintain and repair the heritage items listed within it.  The minimum standards of maintenance and repair listed in the Heritage Act 1977 only apply to heritage items listed on the State Heritage Register.  The properties are not proposed to be listed on the State Heritage Register.

 

A representative of the Insurance Council of Australia has advised that insurers are obliged to consider a heritage item in the same light as any other property, that is an ‘assessment of risk’.  Insurance premiums are calculated on the risk of claims, so the age, construction and condition of buildings determine the premium, regardless of whether the building is listed or not.  Put simply, if a building is not maintained properly, it is a poor risk and will have a high premium.

 

Although full Land Tax and Local Rates will be levied on any properties that are listed in LEP1991, the owners of listed properties can request (from the Valuer-General) a ‘heritage adjusted valuation’ for the purpose of land tax and local rates.  Such valuations are designed to ensure that any valuation of a property is made on an existing development basis rather than on any presumption of future development.  The process of applying for a heritage-adjusted valuation is not a process that documents property devaluation, but rather an option that an owner of a heritage item can take as an incentive for maintaining the property in its current or restored condition.

 

Perceived Restrictions on Owners of Heritage Items: The property owners are concerned that the listing of the properties within LEP1991 will impose restrictions on the use or alteration of a heritage item.  This is not the case. LEP1991 does not impose restrictions on the use or alterations of a heritage item.  Instead, it provides the regulatory framework within which any change must be assessed, requiring development consent for, amongst other things demolishing or moving a heritage item; altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior; and altering a heritage item that is a building by making structural changes to its interior.

 

LEP1991 requires the consent authority to consider, before granting consent to development affecting a heritage item, the effect of the proposed development on the heritage significance of the heritage item concerned.  Council already considers a number of matters when determining development applications, for example transport, infrastructure, environmental considerations, amenity etc. In the case of any proposed works to a heritage item, this consideration of matters will extend to include the effect of the proposed development on the heritage significance of the heritage item.  If Council determines that an application has sufficient merit, there is no reason for consent to be withheld.

 

The listing of a heritage item does not preclude the redevelopment or adaptive re-use of a heritage item.  Nor does it prevent the demolition of a heritage item.  Not only is there a separate process in place whereby a property owner can apply for the removal of a heritage item from a local environmental plan, the demolition of a property can also form part of any development application.

 

Chapter 5: Heritage of the Discussion Paper (Pages 11-12) provides a bullet point list of the benefits of a heritage listing.  One of the points highlights the flexible use of heritage items for any purpose, including those not ordinarily permitted within the underlying land use zone or outside of the normal development controls applying to the land.  The draft amendment to LEP1991, based on the Department of Planning’s Standard Local Environmental Plan Template, contains a specific clause giving effect to this benefit.

 

Comparison of the two Properties with other Heritage Items: The additional submissions provided by the owner of 16 & 18 Pages Road raise concerns that other properties with similar characteristics to 18 Pages Road are not being listed in LEP1991.  These properties include 55 Brougham Street, Emu Plains and 227 Seventh Avenue, Llandilo.

 

Whilst the physical description of 55 Brougham Street, Emu Plains is similar to 18 Pages Road, St Marys, the listing of a heritage item is not made solely on the basis of its physical condition.  There are a number of documents available that provide the context for the heritage of St Marys, these include the draft Heritage Study – Volume 2: Thematic History (2007) and the St Marys Industrial Heritage Study (1987).  The information within these documents has been used to support the listing of 18 Pages Road, St Marys despite its current condition.  The same information is used to support the listing of 14 and 16 Pages Road.   

 

In addition, the heritage significance of 18 Pages Road, St Marys is strengthened because it forms part of a group of 19th Century cottages (14, 16, 18 and 31-33 Pages Road, St Marys) that, as a group, are rare in the local area.  55 Brougham Street, Emu Plains is an individual property. 

 

The proposed recommendation to remove 227 Seventh Avenue, Llandilo from Penrith Local Environmental Plan 2008 (Stage 1) is based on the deterioration in its condition since the draft Heritage Study 2007 was completed.  Although the Heritage Study reported that the property was in ‘fair condition’ in 2006, the submission provided by the property owner in 2008 demonstrated that the condition of the property had changed from ‘fair’ to ’very poor’ because of severe and chronic termite attack, weathering and vandalism.

 

Consideration of Recent Development Applications to Demolish Proposed Heritage Items: The owners of 16 and 18 Pages Road have raised concerns that Council is removing proposed items from the draft amendment to LEP1991 to allow it to grant development consent for demolition.

 

The proposed recommendation to remove 108 Forbes Street, Emu Plains from the draft Amendment to Local Environmental Plan 1991 is a result of Council’s determination to grant consent for the demolition of the property.  The proposed heritage item has not been removed from the draft amendment to LEP1991 to allow consent to be granted.

 

Council seeks to retain and, where necessary, improve heritage items that are subject to a development application through the use of the heritage incentive clause.  However, if Council considers a development application that will result in the demolition of a heritage item to have sufficient merit, then Council can approve that application. 

Conservation of the Properties: The Australia International Council on Monuments and Sites (ICOMOS) charter for the conservation of places of cultural significance (the Burra Charter) states, at Article 9, that:

 

The physical location of a place is part of its cultural significance.  A building, work or other component of a place should remain in its historical location.  Relocation is generally unacceptable unless this is the sole practical means of ensuring its survival.

 

Some buildings, works or other components of places were designed to be readily removable or already have a history of relocation.  Provided such buildings, works or other components do not have significant links with their present location, removal may be appropriate.

 

If any building, work or other component is moved, it should be moved to an appropriate location and given an appropriate use.  Such action should not be to the detriment of any place of cultural significance.

 

As mentioned previously, Council seeks the retention and, where necessary, the improvement of heritage items through the use of the heritage incentive clause.  Only when the options to redevelop the site using the heritage incentive clause are exhausted, would Council consider the merits of relocating or demolishing the properties.  This issue is a matter that would require more detailed consideration at a stage when re-development of the site is being proposed.

Next Steps

The listing of 14, 16 and 18 Pages Rd, St Marys is the final outstanding issue from the public exhibition of draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).  Once the recommendation included in this paper is adopted, the final changes to draft Amendment No.1 to LEP1991 can be made.

Conclusion

Responding to the issues raised in the public exhibition of the draft amendment to LEP1991 has been a significant task that, in combination with the issues raised in response to draft LEP2008, has taken ten months to complete.  The issues raised were often complex, and in several cases generated significant controversy within the community.  It is important to remember that because of the range of the area and the issues covered by the two plans, there will always be issues which are not resolved to the satisfaction of all parties.  Council has an obligation to plan for the future community as well as current residents, and as such needs to make decisions on sound reasoning.  The recommendations that are now before Council attempt to resolve the community’s relevant outstanding concerns.  The thorough, iterative process outlined in this report, which considered a large amount of evidence from a number of sources, forms the basis of the recommendations in relation to this plan and Council can now be confident with the decisions it takes.

 

The draft Amendment to LEP1991, in combination with the draft LEP2008 represents the implementation of the draft Heritage Study 2007 (the Study).  The Study provides a comprehensive review of the heritage items and places within the City, is based on specific facts and the robust assessment of items and places against a strict and consistent set of criteria and provides the information needed for the decisions on whether heritage items or places should be included in LEP1991 or LEP2008.  These two plans, along with the City Centre LEP2008, list most of the heritage items, heritage conservation areas and known European Archaeological sites in the City.

 

Listing heritage items, heritage conservation areas and archaeological sites recognises their heritage significance and importance as elements in our cultural landscape.  It is a mark of the community value that acknowledges the contribution they make to the evidence of the history of the Penrith Local Government Area.  Heritage items, areas and sites document who we were, who we are now, and tell us about what we may become.  Buildings and other places are the spaces in which cultural change happens.  They also provide material evidence of technological and social change through the way they are built, the way their spaces are arranged and the people who have used them.  It is the Council’s role to represent the community’s interests, determining which items, areas and sites are afforded the proper level of protection.

 

The draft Amendment to LEP1991 cannot progress until this final outstanding issue is resolved.  Elsewhere in this Business Paper is a report which recommends that the changes foreshadowed by the recommendations are made to the draft amendment, and that it is subsequently submitted to the Department of Planning with a request that the Minister make the plan.

 

The detailed and independent assessments that Council has commissioned, which are supported by the information provided within two separate studies, provide confirmation that the three properties are worthy of listing in the draft Amendment to LEP1991.  There is no heritage-based evidence before Council that suggests that the properties are not worthy of listing in LEP1991.  The consideration of all of the relevant issues raised by the owners of the properties also demonstrates that there will be little impact on the owner’s enjoyment or use of the properties.

 

It is therefore recommended that 14, 16 and 18 Pages Road, St Marys are listed in Schedule 1: Environmental Heritage, of draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation).

 

RECOMMENDATION

That:

1.     The information contained in the report on Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received.

2.     House Numbers 14, 16 and 18 Pages Rd, St Marys, be retained in Schedule 1 of draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

4

Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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 resolved to exhibit amended provisions for the Twin Creeks estate in Luddenham on 7 September 2009.  The key effect of these provisions was to include a known Priority Conservation Area within the E2 Environmental Conservation zone; increase the permissible lot yield for the site, reduce the minimum lot size in some areas and clarify the area where lots under 1500 sqm would be permitted.  Four submissions were received in response to the exhibition, two from State Government Departments, one on behalf of the developer and one on behalf of an individual landowner. 

 

Minor changes to the plan are recommended to incorporate the comments from the government departments and the developer.  The private landowner is seeking to subdivide his land into 1500sqm lots, even though his block is not within the area where it was intended to permit smaller lots.  It is not recommended that this submission be supported. 

Background

The land knows as Twin Creeks estate at Luddenham was included in the public exhibition of draft LEP 2008.  The exhibited provisions proposed to zone the land E4 Environmental Living, with a maximum yield of 222 lots.  Lot sizes varied from 1500sqm in the centre of the estate, with 4000sqm across the majority of the estate and much larger lots in the south west.  Submissions to the plan regarding these provisions from residents within the estate objected to the reduction in lot size to 1500sqm, on the basis that they had bought into the estate with the understanding that all lots would be 4000sqm or larger.  A number of submissions were received from the developer, the most recent requesting that the requirement for larger lots in the south west of the estate be removed, and that the overall lot yield limitation be either removed completely, or raised to 285.  The submission also requested that a number of additional uses be listed in Schedule 1, to make them permissible on this site. 

 

On 7 September, 2009 Council considered a report on amended planning controls Twin Creeks.  These provisions had the effect of:

a)    increasing the overall permissible number of lots in the estate to 285; and

b)    imposing a minimum lot size across the estate of 4000sqm, except within a defined area close to the proposed community facilities where lots sizes can be reduced to 1500sqm; and

c)    requiring that lots that have boundaries with rural properties consider the interface between those rural properties and the rural residential estate, and the potential for land use conflict; and

d)    making development for the purposes of hotel and motel accommodation, neighbourhood shops and recreation facilities (outdoor) permissible with consent.

e)    rezoning land within the estate identified as a Priority Conservation Area to E2 Environmental Conservation

 

The minimum lot size map applying to the estate was also modified to clarify exactly where the 1500sqm lots were to be located.  This was in accordance with the wishes expressed by several residents and landowners, who wanted to be sure that there would be no additional 1500sqm lots over and above the 54 permitted by the originally exhibited provisions. 

 

At the meeting of 7 September Council resolved to defer part of this estate from draft Penrith Local Environmental Plan 2008 to allow the amended provisions to be exhibited.  The exhibition commenced on Tuesday 22 September 2009 and concluded on Tuesday 20 October 2009. 

Results of public exhibition

A total of four submissions were received in response to the exhibition, two from Government Departments, one on behalf of the developer and one from a landowner within the estate.  Each submission is discussed below:

 

Department of Industry and Investment – Mineral and Energy Division

The requirement for lots in the southern part of the Twin Creeks estate to have a minimum area of 4ha stemmed in part from a concern from the then Department of Primary Industry that a denser settlement pattern would impact on potential extractive resources in this area.  Accordingly, they were specifically requested to comment on the draft LEP which reduces the lots sizes in this area. 

 

The Department of Industry and Investment – Minerals and Energy Division is the organisation now responsible for primary industry, including extractive industry.  Their submission raised no objection to the draft LEP, stating that the “Minerals Division does not anticipate that the proposed modifications to provisions relating to the Twin Creeks estate will restrict mining or quarrying operations in the region.”  The submission did, however, note that any residential development near potential odour sources, such as poultry farms, should be designed based on an odour impact analysis to minimise land use conflict. 

 

The exhibited changes to the draft LEP include a requirement that the size and layout of lots which adjoin rural land consider the potential for land use conflict.  There are no uses in the area adjoining where it is proposed to reduce the minimum lot size that are likely to cause significant amenity issues.  Any future proposed uses will need to be assessed in the context of the existing development.  No changes to the exhibited provisions of the draft LEP are considered necessary. 

 

Department of Environment, Climate Change and Water

The Department of Environment, Climate Change and Water is responsible, amongst other things, for issues related to biodiversity conservation.  They provided comment in relation to the proposed change to the E2 Environmental Conservation zone which was exhibited as part of the changes to the draft LEP.  Under the re-exhibited provisions, an identified priority conservation area is proposed to be rezoned from E4 Environmental Living to E2 Environmental Conservation.  Generally, DECCW supports the changes to the draft LEP, on the grounds that they “appear to better align the E2 zoned land with existing vegetated areas”

 

The submission does, however, raise concern that the modified E2 boundary increases the edge to area ratio of the conservation zone.  Conservation areas with high edge to area ratios are generally more difficult to maintain, as they are more vulnerable to weed invasion and other impacts.  DECCW therefore suggests that for those areas proposed to be zoned E2 which will have a high edge to area ratio, Council considers either modifying the zone boundary to minimise the edge to area ratio, or applying the Environmentally Sensitive Land hatching to the adjoining E4 zoned land. 

 

There are two areas of land proposed to be zoned E2 which have a particularly high edge to area ratio, both of which are in the south of the estate.  These areas both incorporate known Priority Conservation Areas, thus it seems reasonable to retain the proposed E2 zoning.  It is proposed, therefore, to modify the Environmentally Sensitive Land Map to provide a small buffer around the proposed E2 zone.  This will serve to better control potentially threatening land uses in close proximity to the E2 areas. 

 

Urbis

A submission was received from planning consultants Urbis on behalf of the developer of the estate.  This submission requested that the draft LEP be modified to allow strata subdivision:

“to ensure that development consent can be granted for the strata subdivision of approved development on the site and particularly relating to the hotel and motel accommodation and other approved resort related development.”

 

Under the current provisions of draft LEP 2008 strata subdivision is not permitted in the E4 zone.  Although the submission specifically references the resort and related development, if strata subdivision is listed as an additional permissible use under Schedule 1 it would apply to all development on the site.  This would not be appropriate as it could lead to strata subdivision of residential land, including secondary dwellings.  It is therefore recommended that strata subdivision be permitted on the site, but only for the resort development.   

 

Cityscape Planning

A submission was received from Cityscape Planning, on behalf of an individual landowner within the estate.  This submission objects to the exhibited changes, as it would prohibit a proposed subdivision of his land into three 1500sqm lots.  When draft LEP 2008 was exhibited in late 2008 / early 2009, the area in which it was intended the 1500sqm lots would be located was not specifically defined.  As a result, this particular landowner lodged a Development Application to subdivide his 5030sqm lot into three lots.  This application has not yet been determined, but is not permissible under either the current LEP or the re-exhibited provisions.  It would, however, be permissible under the originally exhibited provisions, provided the overall lot yield for the estate did not exceed the maximum specified in the plan.  The submission requests that the draft plan be amended to include this site within the area subject to a minimum lot size of 1500sqm.

 

It should be noted that the developer of the estate has also submitted subdivision applications based on the draft plan.  These applications are for 15 and 26 lots respectively.  An application for 13 lots of 1500sqm was approved on 14 July 2009, as these lots could be approved without exceeding the maximum lot yield specified under Penrith LEP 201.  This gives a total of 57 x 1500sqm lots which have either been approved or are the subject of pending development applications. 

 

The landowner’s representatives have presented the following arguments in support of their submission:-

·    If the draft LEP is amended to accommodate just this lot, then the LEP provisions will prevent any other landowners (apart from the developer) applying to subdivide their land, thus there can be no concerns regarding precedent;

·    The land is close to the area where the 1500sqm lots are proposed to be permitted;

·    The land has a pleasant outlook across a pond to the north, which would be visible from all three lots;

·    As the lot is the first in the row, there is only one neighbour affected, not two;

·    The circumstances of this case are unique, as the development application was lodged prior to the map being redrawn to clarify the location of the 1500sqm lots;

·    There is no reason why only the developer should benefit from a smaller lot size. 

 

Twin Creeks is an isolated pocket of rural residential development which was originally approved as the Luddenham Equestrian Estate.  Strict design guidelines and lot limitations have been applied to the site in order to minimise its conflict with the surrounding area.  The fact that the entire estate has been master planned around the golf course has always been a significant strength, and a point of difference which justifies the increase in density from the surrounding area.  The lots proposed in this submission deviate from that masterplan. 

 

Residential development within Twin Creeks is subject to strict design guidelines imposed by the developers and council.  Before an application for a dwelling is lodged with Council, it must first be approved by the Twin Creeks body corporate.  This ensures that applications submitted to Council are consistent with the design guidelines.  One of the key concerns from residents when the smaller lots were originally exhibited was that the smaller lot sizes would result in a drop in the quality of development in the estate, thus causing a drop in land values for the existing landowners.  To combat this, the design guidelines applying to the 4000sqm lots have been modified to be appropriate for the smaller lot sizes, and these will be applied to the 1500sqm lots. 

 

The submission and associated Development Application from Cityscape Planning does not address issues on built forms on the proposed lots.  It is possible that they would agree to impose design guidelines on these lots, however as these lots would not have to go through the same process it would be more difficult to ensure compliance.  With regard to the equity of only the developer benefitting from reduced lot sizes, the developer has borne the cost of providing roads and services (including the effluent treatment plant) as well as the planning investigations and development of the design guidelines to support the development of the original estate and this subsequent application for smaller lots.  This landowner has not contributed more than any other to these costs. 

 

In addition, this landowner would have made his decision to buy into the estate based on the knowledge that subdivision was not permissible, and was not planned for the area.  This plan does not therefore disadvantage him, or remove any expectation or potential for subdivision which was present when he purchased the land.  This is essentially an opportunistic application which goes against the overall principles of developing this estate. 

 

The submission to allow the subdivision into 3 lots is thus not supported. 

Conclusion

Amended provisions for Twin Creeks were exhibited from 22 September 2009 to 20 October 2009.  Four submissions were received.  Minor changes to the exhibited provisions are recommended to respond to the issues raised by the Department of Environment, Climate Change and Water and the developer.  The request by a private landowner to allow subdivision of his lot into three is not supported.

 

The next step is to reinsert the provisions for Twin Creeks into draft Penrith LEP 2008.  As draft LEP 2008 has not yet been forwarded to the Minster, this can occur prior to the plan being made.  If this occurs, Twin Creeks will no longer be a deferred matter.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham be received.

2.     The Environmentally Sensitive Land Map be modified to include land immediately surrounding the areas of land zoned E2 Environmental Conservation in the south east of the site.

3.     Schedule 1 be amended into make hotel and motel accommodation, neighbourhood shops, recreation facilities (outdoor) and strata subdivision of the approved resort development permissible with consent.

4.     The provisions for Twin Creeks, as amended, be reinserted into draft Penrith Local Environmental Plan 2008 before it is forwarded to the Department of Planning to be made by the Minister.

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

5

Proposed amendments to draft Penrith Local Environmental Plan 2008   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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

This report presents the changes proposed to draft Penrith Local Environmental Plan 2008 which have arisen from the public exhibition process held from October 2008 to January 2009, and subsequent consultation.  Major changes which have been recommended are:

·    Deferral of:

1.   Land in Castlereagh and Cranebrook (north of Cranebrook Rd) which was exhibited as E4 Environmental Living;

2.   Land in Luddenham which was exhibited as E3 Environmental Management;

3.   Land in Londonderry which was exhibited as E2 Environmental Conservation, and is the subject of a land claim by the Deerubbin Local Aboriginal Land Council;

4.   Land in Caddens Road, Orchard Hills known as ‘The Knoll’, which is owned by Landcom and was exhibited as RU4 Rural Small Holdings;

5.   Land in Jamisontown within the Riverlink Precinct which was exhibited as RU4 Rural Small Holdings;

6.   That part of Lot 4 DP 574650 on the corner of Russell Street and Old Bathurst Road, Emu Plains, which was exhibited as E4 Environmental Living;

7.   Land along The Northern Road and Bradley Street, Glenmore Park, which was exhibited as E4 Environmental Living;

·    Altering the minimum lot size for land proposed to be zoned E2 Environmental Conservation so that it is consistent with the requirements for adjoining land;

·    Increasing the range of commercial uses permissible in Londonderry, Luddenham and Kemps Creek;

·    Restricting the application of clause 6.12 Mulgoa Valley to land which is currently subject to the provisions of SREP 9;

·    Including a provision in Schedule 2 Exempt Development which allows the keeping of up to two trucks on rural land;

·    Including ‘bulky goods retailing’ as an additional permissible use for all land proposed to be zoned IN2 where it is a permissible use under the current instrument;

·    Modifying clause 6.17 Development in St Marys to require a minimum lot width of 24m, instead of a minimum area of 1200sqm.

 

Changes are also recommended that are the result of negotiations with the Department of Planning and other authorities, and that correct minor errors or anomalies in the plan.  A detailed list of changes is provided as Attachment 1.  This report recommends that the amended plan be forwarded to the Department of Planning with a request that the Minister make the plan. 

Background

Council resolved to prepare a new, comprehensive Local Environmental Plan for the City November 2005.  This plan was to be prepared in stages.  Stage One of this plan, draft Penrith Local Environmental Plan 2008, was forwarded to the Department seeking a certificate to exhibit the plan in October 2007 and underwent public consultation from October 2008 through to January 2009.  Close to 700 submissions were received in response to the public consultation period, which raised issues with virtually all aspects of the plan, from citywide concerns to requests to vary controls at an individual block level.

 

Council has considered the responses to the public exhibition of draft Penrith LEP 2008 at several meetings and briefing sessions, including the Policy Review Committee Meetings of 13 July 2009 and 21 October 2009.  At this second meeting, changes recommended in response to the exhibition were endorsed for much of the City.  A report considered earlier in tonight’s Business Paper recommends endorsement of the final outstanding matters. 

Key changes

There are a number of key changes which have been endorsed or recommended to draft LEP 2008 to respond to the issues raised in the exhibition.  These are listed below.

 

Deferred areas

Deferral of an area from the draft plan allows Council more time to investigate outstanding issues.  The current planning controls remain in force until such time as Council resolves to either change the controls or continue with the exhibited controls.  Critically, all controls proposed to be introduced by the new plan are deferred, not just those which require additional investigation.  For example, if land is deferred to investigate a zone change, then all other controls, including environmentally sensitive land and minimum lot size controls are also deferred.    Deferral of land usually occurs when the exhibited controls are likely to require substantial change, or when there is a need to delay the introduction of the new controls without delaying the entire plan. 

 

It has been recommended that the following areas be deferred from draft LEP 2008:

1.   Land in Castlereagh and Cranebrook (north of Cranebrook Road) which was exhibited as E4 Environmental Living;

2.   Land in Luddenham which was exhibited as E3 Environmental Management;

3.   Land in Londonderry which was exhibited as E2 Environmental Conservation, and is the subject of a land claim by the Deerubbin Local Aboriginal Land Council;

4.   Land in Caddens Road, Orchard Hills known as ‘The Knoll’, which is owned by Landcom and was exhibited as RU4 Rural Small Holdings;

5.   Land in Jamisontown within the Riverlink Precinct which was exhibited as RU4 Rural Small Holdings;

6.   That part of Lot 4 DP 574650 on the corner of Russell St and Old Bathurst Road, Emu Plains, which was exhibited as E4 Environmental Living;

7.   Land along The Northern Road and Bradley St, Glenmore Park, which was exhibited as E4 Environmental Living

 

It should be noted that land known as the Twin Creeks Estate in Luddenham, previously deferred from the plan, is the subject of a separate report in tonight’s Business Paper, which recommends this land be reinserted into the plan with amended planning provisions. 

 

Minimum lot size for land zoned E2 Environmental Conservation

The exhibited provisions of draft LEP 2008 set a minimum lot size of 40 hectares for all land proposed to be zoned E2 Environmental Conservation.  On closer investigation, it became clear that this would create difficulties for lots where there is a split zoning, and the minimum lot sizes for each zone are not consistent.  Accordingly, it was recommended that the minimum lot size for land proposed to be zoned E2 be consistent with the minimum lot size of the adjacent zone.  This change does not create any additional subdivision entitlements, but will make design and implementation of subdivision on lots with a split zoning much simpler. 

 

Commercial uses in rural villages

A limited range of commercial uses are permitted in the RU5 Rural Village zone, with specific areas identified in Mulgoa and Wallacia where a greater range of commercial uses are allowed.  It has been recommended that this wider range of uses be extended to the existing commercial areas of Londonderry and Luddenham, with a more limited range of additional commercial uses also being permitted in the commercial area of Kemps Creek. 

 

Application of clause 6.12 Mulgoa Valley

The exhibited version of draft Penrith LEP 2008 showed clause 6.12 as applying to both the Mulgoa Valley and parts of Luddenham.  As this clause was drafted to replicate key provisions of Sydney Regional Environmental Plan 13 (Mulgoa Valley) it is reasonable to restrict its application to those parts of the City that are currently subject to SREP 13.  The boundary of the application of this clause will therefore be modified. 

 

Rural Truck Keeping

The keeping of trucks in rural areas has been a contentious issue for some time.  Although it is recognised that larger rural blocks are ideal for truck drivers as they provide the space for truck parking and maintenance, the amenity impacts from large truck depots can be significant.  Council has therefore sought to allow the keeping of a limited number of trucks and / or plant on rural blocks, while requiring large depots to locate in industrial areas. 

 

Under the definitions contained in the Standard Instrument, ‘truck depot’ does not place a limit on the number of trucks that can be kept on a lot, so it was not considered appropriate to make truck depots permissible in rural areas.  This approach, however, also prohibited smaller scale truck keeping which is reasonable.  Accordingly, it has been recommended that a provision allowing the keeping of up to two trucks be included in Schedule 2 Exempt Development.  This provision will include measures required to limit amenity impacts.

 

Bulky goods retailing in the IN2 Light Industrial zone

Due to the limited range of industrial zones in the Standard Instrument and the mandatory objectives and permissible uses which apply to the Business zones, the majority of Penrith’s industrial land is zoned IN2 Light Industrial.  This zone does not permit bulky goods retailing.  A number of owners of land where bulky goods retailing is currently permissible objected to this change, and it was not Council’s intention to remove bulky goods retailing from these areas.  Accordingly, it has been recommended that the plan be amended to include ‘bulky goods retailing’ as a permissible use in the IN2 zone for all land where bulky goods retailing is currently permissible. 

 

Development in St Marys

Clause 6.17 of draft Penrith LEP 2008 included a requirement that lots in St Marys have a minimum area of 1200sqm prior to redevelopment.  More detailed investigation has shown that a minimum lot width of 24m will be more effective than a minimum area in promoting development with sufficient flexibility to meet requirements relating to solar access, overshadowing, pedestrian amenity etc.  Accordingly, it has been recommended that the clause be modified to require a minimum lot width of 24m prior to redevelopment. 

 

 

In addition to the key changes above, a number of minor changes are also recommended.  In some cases these correct mapping or typographical errors.  In other cases, they modify controls relating to individual parcels of land.  A full listing of all recommended changes appears as Attachment 1 to this report. 

 

In addition to the above, the Department of Planning has recently released a new version of the Standard Instrument.  These changes will have to be reflected in the draft plan.  As the new Standard Instrument was released (without exhibition) on Friday, 20th November there was not time prior to finalising this report to determine whether any of the changes will impact on this plan.  A memo will be provided to Councillors which outlines the changes made and their implications for both draft Amendment 1 to LEP 1991 and draft LEP 2008. 

Next steps

The next step in this process it to make the changes to the written instrument and maps which are outlined in Attachment 1, then submit the draft LEP to the Department of Planning with a request that the Minister make the plan.  Prior to making the submission to the Department, a report under section 68 of the Environmental Planning and Assessment Act will need to be prepared to accompany the plan.  Once submitted, the plan will be assessed by the Department’s Legal Branch and Parliamentary Counsel, to ensure the plan can be legally made.  It is hoped that if the plan can be submitted in early December, then referrals to other areas of the Department may occur before Christmas.  Overall, it is expected to take a minimum of two months from when the plan is submitted to when it is published.  It may, of course, take longer. 

 

Any outstanding issues with draft Penrith LEP 2008 need to be resolved before draft Penrith LEP 2010 can be finalised.  Accordingly, it is not proposed to present draft Penrith LEP 2010 to Council for an endorsement to send to the Department until the final details of draft Penrith LEP 2008 are known.  This may not mean a delay until LEP 2008 is gazetted, but it does require that Legal Branch and Parliamentary Counsel have, as a minimum, considered the plan and raised no significant concerns.  It is anticipated that this will have occurred by February or March 2010, meaning that draft LEP 2010 can move forward in the first quarter of next year. 

Conclusion

Council has endorsed all the changes to the written instrument and maps of draft Penrith Local Environmental Plan 2008 shown in Attachment 1 either on 9 November 2009 (as part of the minutes from the Policy Review Committee of 21 October) or earlier tonight.  These changes have begun to be incorporated into the plan, as is shown by the draft amended zoning maps which have been provided as a separate enclosure.  A detailed list of all proposed changes is provided as Attachment 1.  Once all changes have been made, the plans can be forwarded to the Department for gazettal. 

 

Gazettal of the plan will be a significant step in the implementation of the Rural Lands Strategy, Employment Lands Strategy, the St Marys Town Centre Strategy and Heritage Strategy.  It will also enable the content of draft Penrith LEP 2010 (Stage 2) to be finalised, so that plan can be presented to Council. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed amendments to draft Penrith Local Environmental Plan 2008 be received.

2.     The changes to the written instrument and maps of draft Penrith Local Environmental Plan 2008 shown in Attachment 1 be made.

3.     Following the changes, draft Penrith Local Environmental Plan 2008 be forwarded to the Minister for Planning under section 68 of the Environmental Planning and Assessment Act, with a request that the Minister make the plan. 

 

ATTACHMENTS/APPENDICES

1. View

Summary of Changes to LEP

11 Pages

Appendix

  


Ordinary Meeting

30 November 2009

Appendix 1 - Summary of Changes to LEP

 

 

 

 

 

 

Attachment 1

 

Summary of Proposed changes to

draft Penrith Local Environmental Plan 2008

 

 


Ordinary Meeting

30 November 2009

Appendix 1 - Summary of Changes to LEP

 

 

 

Introduction

The following pages show the proposed changes to draft Penrith Local Environmental Plan 2008 which have been either endorsed at the Ordinary Meeting of 9 November 2009 (following on from the Policy Review Committee of 21 October 2009) or are recommended to be endorsed at the Ordinary Meeting of 30 November 2009.  The changes are divided into changes to the text and changes to the maps.  Changes to the text are set out in the order in which they will appear in draft LEP 2008.  Changes to the maps are set out according to individual map title. 

 

To assist Councillors and the community to determine how the proposed changes respond to the exhibition, headings have been included which either show the issue the change relates to, the submission number or both.  These headings will not form part of the changes to the plan. 

 

In addition to the specific changes listed below, a number of other changes need to be made to the plan.  These include:-

·    Correction of clear typographical errors

·    Correction of clause numbering in Part 6 - Additional local provisions

·    Any necessary corrections to property descriptions in Schedules 1, 4 and 5

·    Any changes to Schedules 2 and 3 resulting from the SEPP on Exempt and Complying Development

·    Any changes resulting from recently gazetted changes to the Standard Instrument.

 

In addition, many of the changes outlined have flow on changes required to other maps or clauses.  For example, a recommendation to change the Land zoning map to increase the area of E3 Environmental Management zone will also require a change to the Minimum lot size map to reflect the change in zone.  Similarly, deferring an area from the plan is listed only under changes to the Land Application Map, but will necessitate changes to all other maps which are included in this area.  In the majority of cases, these secondary changes are not listed below.  The exception is the heritage items, where changes are listed both under Schedule 5 and under the Heritage map. 

 


Proposed changes to the written instrument

Part 1 - Preliminary

Submission No. 574; Urban Taskforce

Review the aims of the plan to ensure that they accurately reflect both the role of the draft plan and council’s adopted policy positions. 

Submission No. 655; Department of Water and Energy

Include a specific reference to the protection and restoration and enhancement of waterways, riparian corridors, wetlands, groundwater and groundwater dependent ecosystems in the aims of the plan.


Part 2 – Permitted or prohibited development

Submission No. 574; Urban Taskforce

Review the objectives of all zones to ensure that they accurately reflect both the role of the draft plan and council’s adopted policy positions. 

RU4 Rural Small Holdings zone

Permit ‘turf farming’ with consent.

Prohibit ‘Public administration buildings’.

E2 Environmental Conservation zone

Amend the objectives of the E2 Environmental Conservation zone to include the protection and enhancement of ‘riparian corridors, wetlands, groundwater resources and dependent ecosystems’.


Part 3 – Exempt and complying development

Submission No. 655; Department of Water and Energy

Retain the exclusions detailed in subclause 3.3(2A) to apply to exempt and complying development beyond the SEPP (Exempt and Complying Development),


Part 4 – Principle development standards

There are no changes proposed to Part 4 Principle Development Standards


Part 5 – Miscellaneous provisions

Submission 652; 128-132 Samuel Marsden Road, Orchard Hills

Amend the table in Clause 5.1 to include land zoned E2 and marked as “Regional Open Space”.


Part 6 – Additional local provisions

General

All clauses or objectives drafted by Council be modified to refer to ‘waterways’ rather than ‘watercourses’

Clause 6.1 Sustainable Development

Amend Clause 6.1 Sustainable development to include the words “and promotion of active living” at the end of clause (2) (i).

Clause 6.3 Flood planning land

Clause 6.3 to be reviewed to make reference to either the ARI (Average Recurrence Interval) or the AEP (Average Exceedence Probability) as a means of measuring flood events.  This clause also be reviewed in consultation with DECC and DWE. 

Clause 6.4 Development on environmentally sensitive land

Review this clause in conjunction with the Department of Planning and DECCW and amend if there is no significant reduction in the strength or application of the clause. 

Clause 6.8 Minimum lot size for a dwelling in Llandilo

Add the two identified land locked lots to the list in subclause (1).

Clause 6.17 St Marys

The exhibited Clause 6.17 (which proposed that development within the St Marys Town Centre requires a minimum lot size of 1200m2 before it be approved by Council under draft Stage 1 LEP) be replaced with a clause which recommends a lot width of 24 metres for redevelopment (outside key landmark sites).

Clause 6.18 Second Sydney Airport

Council officers to negotiate with the Department of Planning regarding altering clause 6.18 of draft LEP 2008, including referring to the Australian Noise Exposure Forecast (ANEF) zones.

Subdivision of land at Kingswood Rd, Orchard Hills

Insert a new local provision that will apply to Lot 1 DP 239091 which allows either:

·   the approved subdivision, with no further subdivision being allowed over the 13.48 ha residue lot; or

·   subdivision of the land into a minimum of 2ha lots consistent with surrounding land.

Rehabilitation of extractive industry sites

Insert a new local provision into either draft LEP 2008 or draft LEP 2010 which will apply to current mining leases and require measures to assist in rehabilitation of the site to be identified prior to extractive industry commencing. 

Prohibition of Child Care centres on regional roads and existing and proposed classified roads

Insert a new local provision which will prohibit child care centres on all unclassified regional roads and all existing and proposed classified roads. 


Schedule 1 – Additional permitted uses

Submission No. 253; Kemps Creek Village

Include child care centres, kiosks, markets, neighbourhood shops, recreation facilities (indoor) and restaurants as permissible uses in the existing commercial area.

Submission No. 409; Zoning of retail/business premises and Village Areas, Luddenham

That the land containing any existing retail and commercial uses in Luddenham and Londonderry be included in Schedule 1, to permit the same range of retail and commercial uses as in the Mulgoa and Wallacia village centres.

Submission No. 487; Clifton Avenue, Kemps Creek

List ‘extractive industry’ and ‘waste disposal facility’ as additional permissible uses for this site.

Submission No. 633; 158 The Northern Rd, Berkshire Park

Modify Item 1, clause (2) to read:

“(2)  Development for the purpose of monitoring pollution caused by the previous use of the site is permitted without consent.”

Llandilo Fruit shop

Delete this item from Schedule 1.

Bulky goods retailing

Extend the additional permitted use of bulky goods premises identified in Schedule 1 to include those areas proposed to be zoned IN2 in which bulky goods retailing is currently permissible.

Submission No. 9; Corner Blaikie and Mulgoa Roads, Jamisontown

Investigate options to list those uses currently existing on this site as additional permissible uses for this site.

Submission No. 566; St Marys Leagues Club

Amusement centre; child care centre; food and drink premises and hotel or motel accommodation be included in Schedule 1 for land proposed to be zoned RE2 Private Recreation


Schedule 2 – Exempt development

Rural Truck Keeping

Include the keeping of up to two trucks or plant in the RU1, RU2, RU4, E3 and E4 zones as exempt development, subject to provisions relating to setbacks, maximum hardstand area, visual and acoustic screening and similar measures to protect the amenity of adjacent properties.

Submission No. 595; Outdoor trading and eating areas

Delete ‘outdoor eating areas’ and ‘outdoor trading areas’.


Schedule 3 – Complying development

There are no changes proposed to Schedule 3 Complying Development.


Schedule 4 – Classification and reclassification of Public Land

There are no changes proposed to Schedule 4 Classification and reclassification of public land.


Schedule 5 – Environmental Heritage

Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa

Include both Lot 1 DP 996994 and Lot 1 DP 1035490 in Schedule 5 .

Submission No 159; Winbourne, Mulgoa

Amend Schedule 5 to identify this item as having ‘Local Significance’ only.

Cox’s Cottage, Mulgoa

Extend the listing of Cox’s Cottage, Mulgoa to include Lot 2 and Lot 4 of DP241971 (1012-1026 Mulgoa Road and 2-24 St Thomas Road respectively).

Delete from the schedule:

1) 706 – 752 Mamre Rd, Kemps Creek

2) McMaster Field Station and associated brick farmhouse

3) Lot 7 DP 1046980  (Mulgoa Irrigation Canal)

4) 319-325 Luddenham Rd, Orchard Hills

5) 227 Seventh Ave, Llandilo

6) Dunheved Conservation Area.

 


Proposed changes to the maps

Submission No. 489; Carinya Ave, St Marys

The mapping error on tile 19 (including the location of zone descriptions and street names) to be corrected.


Land application map

Defer the following areas from the plan:

1) Land proposed to be zoned E4 in Castlereagh and Cranebrook (north of Cranebrook Road)

2) Land proposed to be zoned E4 along The Northern Road, Glenmore Park

3) Lot 2107, DP 263159, Caddens Rd, Kingswood (“The Knoll”)

4) That part of Old Bathurst Rd (Lot 4 DP 574650) proposed to be zoned E4 Environmental Living

5) All land within the Riverlink Precinct

6) Deerubbin Local Aboriginal Land Council land holdings proposed to be zoned E2 Environmental Conservation

7) Land in Market St and the South Creek Corridor owned by the Department of Planning

8) That part of Luddenham proposed to be zoned E3 Environmental Management.


Clause application map

Modify the application of clause 6.12 Mulgoa Valley to conform to the boundary of SREP 13.


Land zoning map

Rezone two sections of Crown Land currently used for extractive industry and located outside of DECC’s Priority Conservation Areas from E2 to RU1 Primary Production.

Submission No. 213; Department of Defence

Rezone land owned by the Department of Defence ‘SP2 Defence’. 

4 Geebung Close, Agnes Banks

Modify the boundary of the E2 Environmental Conservation zone to exclude this site.

Lot 2 Lapstone Place, Leonay

Rezone an area of approximately 2ha in the vicinity of Lapstone railway station to E3 Environmental Management, with the remainder of Lot 2 DP 242718 zoned E2 Environmental Conservation.

Mulgoa Park

Rezone Mulgoa Park to RE1 Public Recreation.

Submission No. 596; Sydney Catchment Authority

Change the annotation on all Sydney Catchment Authority infrastructure from ‘SP2 (Water Pipeline)’ to ‘SP2 (Water Supply System)’.

Rezone Lot 1 DP 10537 to E3 Environmental Management.

St Thomas Anglican Church, St Thomas Road, Mulgoa

The areas shaded dark green (conservation area), light green (passive regeneration area) and light blue (assisted regeneration area) in Figure 2 of the Vegetation and Fauna Management Plan be zoned E2 Environmental Conservation, with the remainder of the land zoned E3 Environmental Management.

Zone Lot 2 DP 570484, 121-131 St Thomas Road, Mulgoa to E3 Environmental Management.

 ‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa

That the riparian complex of River Flat Eucalypt Forest and Swamp Oak Floodplain Forest, shaded green in figure 4, be zoned E2.

That the area circled in blue in figure 4 be zoned E2.

That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land.

That the area circled in red in figure 4 be zoned E3.

That the remainder of the site, not identified in the areas above, be zoned E3.

Submission Nos. 271, 446, 467; 1783-1789 Elizabeth Drive, Badgerys Creek

The extent of the E2 Environmental Conservation zone be applied to the creek channel and to land along the creek to a distance of 40m measured from the top of the bank.  The land beyond this is to be zoned RU2 Rural Landscape with environmentally sensitive lands hatching applied to a width of 10m on the RU2 zone along the boundary with the E2 zone.

Submission No. 470; Fernhill Estate, Mulgoa

Amend the boundary between the E2 and E3 zones on Lot 2 DP 211795, Lot 12 DP 610186, Lots 1-4 DP 260373 and Lot 31 DP 237163 as shown in Figures 2 and 3 of Attachment 4 to the Policy Review Committee meeting report of 21 October 2009.

Submission No. 566; St Marys Leagues Club

Modify the boundary of the E2 Environmental Conservation zone so that it forms an area with a consistent width of 80 m along the eastern boundary of the site.

Submission No. 210; Department of Primary Industries

Rezone areas of current extractive industry RU1 Primary Production where they are currently proposed to be zoned E2 Environmental Conservation.

Submission No. 251; Sydney Water

The Land zoning map be modified in accordance with the following table:

Approx. Address

Asset

Exhibited Zone

Proposed Zone

Windsor Rd, Londonderry

Toorah Reservoir & Water Treatment Works

RU4: Rural Small Holdings

SP2: Infrastructure (Water Supply)

Snow St, Cranebrook

Castlereagh Elevated Reservoir

E4: Environmental Living

SP2: Infrastructure (Water Supply)

Castlereagh Rd, Penrith

2 x Sewage Pumping Stations & Sewage Treatment Plant

IN1: General Industrial

SP2: Infrastructure (Water Supply)

Castle Rd, Orchard Hills

Orchard Hills Reservoir x 2

RU4: Rural Small Holdings

SP2: Infrastructure (Water Supply)

 

Submission No 347; Department of Planning, Office of Strategic Lands

Changes be made to the zoning map and Land Reservation and Acquisition Map as requested. 

Rezone listed properties along Smith St, Castlereagh to reinstate a dwelling right, pending confirmation from the Department that these lands are not required to facilitate public access to the Nepean River.

Submission No. 640; Roads and Traffic Authority

Changes be made to the land zoning and land acquisition map, as requested.


Lot size map

Submission No. 456; 842-848 Mulgoa Road, Mulgoa

Amend the minimum lot size map to show a minimum lot size for Lot 201 DP 804405 and Lot 22 DP 537922 of 20 hectares.

Submission No. 454; Riverside Road, Emu Heights

Amend the minimum lot size map to show a minimum lot size of 1 ha.

Submission No. 209; Kingswood Rd, Orchard Hills

That Lot 500 DP 1105757, 312-356 Wentworth Road, be included on the Lot Size Map with a minimum lot size of 1,000 ha to prevent its further subdivision.

Minimum lot sizes in E2 zone

Amend the minimum lot size map along riparian/biodiversity corridors to reflect the minimum lot size of the adjoining land.

Submission No. 470; Fernhill Estate, Mulgoa

Amend the minimum lot size map to restore subdivision rights currently available under SREP 13.

Submission No. 566; St Marys Leagues Club

Reduce the minimum lot size for the RE2 zone to 2000sqm for that part of the site not occupied by the club and sports grounds.

Submission No. 638; 158 – 174 Old Bathurst Road

Modify the Minimum Lot Size Map to require 6000 square metre lots along Old Bathurst Road to a depth of 100 metres, with the remainder of the land having a minimum lot size of 2000 square metres.


Environmentally sensitive land map

‘Roscrea’ 1364-1366 Mulgoa Road, Mulgoa

That the area circled in purple in figure 4 be zoned E3 and hatched as environmentally sensitive land.

Submission No. 5; 51 Galvin Road, Berkshire Park

The boundaries of the ESL hatching be amended to correspond with the northern boundary of the Galvin Road properties (Nos. 43-81), the northern boundary of No. 448-454 Llandilo Road, the eastern boundary of No. 43-49 Galvin Road and the southern boundary of Spence Road.

Submission Nos. 31; 323; 325; 342; 379-380; 387-388; 406; 411; 425-431; 483; 493-494; 546; 548; 552; 554-560; 563-564; 570; 583-590; 598-601; 603; 626-632; 634 and 635; Various lots, Berkshire Park / Llandilo

The currently proposed hatching be removed from the draft plan.

Submission 663; Lot 3 and Lot 4 Ninth Avenue, Llandilo

Amend the environmentally sensitive land hatching on Lot 3 and Lot 4 DP 24272 Ninth Avenue to more closely reflect the existing development.

Submission No. 9; Corner Blaikie and Mulgoa Roads, Jamisontown

Review the extent of the Environmentally Sensitive Lands overlay applied to this lot and adjoining lots to more closely reflect the pattern of existing development and native vegetation.


Flood planning land map

No changes are proposed to the Flood planning land map. 


Heritage map

All items listed below are to be deleted from Schedule 5, and will therefore also be deleted from the Heritage Map.

1) 706 – 752 Mamre Rd, Kemps Creek

2) McMaster Field Station and associated brick farmhouse

3) Lot 7 DP 1046980  (Mulgoa Irrigation Canal)

4) 319-325 Luddenham Rd, Orchard Hills

5) 227 Seventh Ave, Llandilo

6) Dunheved Conservation Area.

Submission No. 476; St Thomas Anglican Church, St Thomas Road, Mulgoa

Lot 1 DP 996994 and Lot 1 DP 1035490 be listed in Schedule 5 Environmental Heritage Schedule of draft LEP 2008.

Submission No. 470; Fernhill Estate, Mulgoa

Lot 5 DP 23781 near the corner of Mayfair Road and Mulgoa Road is to be excluded from the curtilage for Fernhill.


Scenic and Landscape Values map

Submission Nos. 439, 441, 442, 471, 480; Factory Road, Regentville

Review the scenic and landscape values map and controls for land in Factory Road, Regentville to ensure they effectively minimise the visual impact of urban uses from main roads.

Submission No. 566; St Marys Leagues Club

The Forrester Road boundary of the St Marys Leagues Club site to be included in the Scenic and Landscape values map.


Land reservation acquisition map

Submission 652; 128-132 Samuel Marsden Road, Orchard Hills

For the land identified in this submission, amend the Land Reservation Acquisition Map to include the E2 portion of property proposed to be zoned E2 for acquisition.

For land in the South Creek/Ropes Creek Corridors, where those properties have been identified for land acquisition, amend the Land Reservation Acquisition Map to include those parts of these properties to be zoned E2, for acquisition.

Submission No 347; Department of Planning, Office of Strategic Lands

Changes be made to the zoning map and Land Reservation and Acquisition Map as requested. 

Submission No. 640; Roads and Traffic Authority

Changes be made to the land zoning and land acquisition map, as requested


Height of buildings map

Submission No. 225; Boral Recycling Pty Ltd

The Height of Buildings Map be amended to show a maximum height of 19m for that portion of the subject site zoned IN1.


Floor space ratio map

There are no changes proposed to the Floor Space Ratio map.


 


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

6

Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)   

 

Compiled by:                Allegra Zakis, Local Plan Team Leader

Matthew Rose, Temporary Senior Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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

Draft Amendment No. 1 to Local Environmental Plan 1991 (Environmental Heritage Conservation) (LEP1991) was exhibited during October-December 2008 as part of the suite of Stage 1 Planning documents.  The proposed amendment brings the plan in line with the heritage provisions in the Department of Planning’s Standard Local Environmental Plan Template and updates the schedule of listed heritage items, heritage conservation areas and archaeological sites to reflect the findings of the draft Heritage Study 2007 (the Study).

 

Council’s draft Heritage Study (prepared between 2004 and 2007) provides a comprehensive review of the heritage items and places within the City, providing the information needed for decisions on whether items should be included (or not) in LEP1991.  The amendment lists a total of 149 Heritage Items, 5 Heritage Conservation Areas and 5Archaeological Areas.  This amendment, if gazetted, will ensure that heritage conservation provisions are consistent across the City and that all significant items, conservation areas and archaeological sites are protected.

 

Council received one-hundred-and-eighty-four submissions in response to the public exhibition of the draft Amendment to LEP1991 (164 of these were in response to the proposed retention of the St Mary Magdalene Church, St Marys in the draft plan).  These submissions have resulted in a number of changes being recommended to the draft plan – these changes clarify listings or correct property details.  It is also recommended that four items are removed from the draft amendment to reflect a change in their heritage significance or to allow a further review of their heritage significance.  These properties include:

 

·    The Crushing Plant, Old Castlereagh Road, Castlereagh;

·    40 River Road, Emu Plains;

·    Mountain Mists (formerly Rodley Farm), Vista Street, Penrith; and

·    108 Forbes Street, Emu Plains.

 

The next step in this process is to submit the draft amendment to the Department of Planning with a request that the Minister make the plan.  This will enable the provisions of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) to be incorporated into the draft Penrith Comprehensive Local Environmental Plan 2010 as a gazetted instrument. 

Background

Council has been undertaking a strategic planning program to support the preparation of a single Local Environmental Plan for the City for a number of years.  The public exhibition of the Stage 1 Planning Documents was a major step forward in this process.  The key documents exhibited were draft Penrith Local Environmental Plan 2008 (Stage 1), draft Development Control Plan 2008 and draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation). 

 

Draft Penrith LEP 2008 has been prepared in accordance with the Standard Instrument, which includes mandated heritage provisions.  In order to ensure that heritage provisions are consistent for all items across the City, an amendment to Penrith LEP 1991 was prepared which both brought the heritage provisions for the urban and commercial areas of the City in line with those in the Standard Template and updated the schedule of listed items and conservation areas to reflect the findings of the draft Penrith Heritage Study 2007.  Together, draft Penrith LEP 2008 and the draft amendment to LEP 1991 cover all heritage items in the City.

Public exhibition

Draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) was exhibited together with the draft Heritage Strategy as part of the Stage 1 Planning Documents.  The exhibition ran from 27 October 2008 to 24 December 2009, with information available and submissions accepted until 30 January 2009.  Council received One-hundred-and-eighty-four submissions in response to the exhibition of the draft plan.  The main concerns are:

 

·    St Mary Magdalene Church: The primary issues related to the perceived expansion of the heritage listing beyond the church and cemetery to cover other buildings on the site, and the implications this had for their future use and maintenance; and the assessed ‘State’ level of significance.  This issue was resolved by clarifying what the listing would actually mean for the maintenance and future development of the Church; and, that the assessed level of significance did not mean that the property would be listed on the State Heritage Register.

·    14, 16 and 18 Pages Rd, St Marys: Although Council only received two submissions relating to the proposed listing of these properties during the exhibition process, they raised significant issues.  These issues, in combination with a number of subsequent submissions, required further investigation.  A separate report in this Business Paper outlines the listing of these three properties, the concerns raised by the owners and the additional investigation and assessment and review of their heritage significance that has been undertaken.  That report recommends that these properties continue to be listed as heritage items in LEP 1991. 

·    40 River Road, Emu Plains & Mountain Mists, Vista Street, Penrith: The owners of these properties have raised concerns with the proposed listings because of the significant modifications made to the properties and the imposition of a financial burden on the owners.  These items have been removed from the draft plan to allow a review of their heritage significance to take place.

 

The other two properties that are proposed to be removed from the draft plan are the Crushing Plant on Old Castlereagh Road, Castlereagh, because it has been demolished; and 108 Forbes Street, Emu Plains to reflect Council’s recent decision to grant consent for the demolition of the property.

Proposed changes to the plan

Following both the public exhibition process and Council’s review of the draft plan and submissions, a number of changes are proposed.  These are divided into changes to the plan, and corrections to the plan, and are set out below.

Changes:

·    Removal of 40 River Road, Emu Plains from Schedule 1: Environmental Heritage and associated map;

·    Removal of Mountain Mists, Vista Street, Penrith from Schedule 1: Environmental Heritage and associated map;

·    Removal of 108 Forbes Street, Emu Plains from Schedule 1: Environmental Heritage and associated map;

·    Removal of the Crushing Plant, Old Castlereagh Road, Castlereagh from Schedule 1: Environmental Heritage and associated map; and

·    Removal of Castlereagh Road Alignment, Castlereagh as it is proposed to be listed in the Comprehensive Local Environmental Plan 2008.

Corrections:

·    Correction to the ‘Property Description’ for the War Memorial located in Emu Park, Emu Plains to ‘Lot 7051 DP1055094’

·    Correction to the ‘Item Name’ for the heritage item located at 142 High Street, Penrith to ‘Kelvin Brae - Federation house’

·    Correction to the ‘Property Description’ for the heritage item located at 142 High Street, Penrith to ‘Lot 1 DP1127355’

·    Correction to the ‘Item Name’ for the heritage item located at 359 High Street, Penrith to ‘Australian Arms Hotel’

·    Correction to the ‘Item Name’ for the heritage item located at 329-333 Great Western Highway, St Marys to ‘Mourilyan’

·    Correction to the ‘Significance’ appointed to St Mary Magdalene Church, St Marys from ‘State’ to ‘Local’

·    Correction to the ‘Property Description’ for the heritage item located at 565 Great Western Highway, Werrington to ‘Lot 565 DP1121207’

·    Correction to the ‘Item Name’ for the Archaeological Site located on Saddington Street, St Marys to ‘Former Andrew Thompson Tannery Site’

 

A copy of draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation), that incorporates the above changes and corrections, and a copy of the associated maps are provided as a separate enclosure.

 

In addition to the above, the Department of Planning has recently released a new version of the Standard Instrument.  As the heritage provisions included in the amendment to draft LEP 1991 are based on the Standard Instrument, any changes to the heritage provisions within that instrument will have to be reflected in the draft LEP.  As the new Standard Instrument was released (without exhibition) on Friday, 20 November there was not time prior to finalising this report to determine whether any of the changes will impact on this plan.  A memo will be provided to Councillors which will outline the implications of the changes to the template for both draft Amendment 1 to LEP 1991 and draft LEP 2008, and any other minor corrections to the plan. 

Next steps

Council was granted delegation under section 69 of the Environmental Planning and Assessment Act 1979 to submit the plan to the Minister.  Accordingly, the next step is to refer the draft amendment to the Department of Planning with a request that the Minister make the plan.  Given current workloads and resourcing, it is intended that this will occur prior to Christmas.  The Department has not provided a timeframe for publishing, but it is reasonable to expect that it will be within the first quarter of 2010. 

Conclusion

Draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) will combine with draft Penrith Local Environmental Plan 2008 to implement the draft Penrith Heritage Study.  The draft plan was exhibited for over three months, with an extensive consultation process occurring both during and after the exhibition.  This process has resulted in a number of changes and corrections to the plan.  Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) will ultimately be incorporated into draft Penrith Local Environmental Plan 2010.  In the meantime, its gazettal is a key part of implementing Councils ongoing strategic program.  Endorsing the plan for submission to the Department represents the final stage in an ongoing, robust planning and consultation process that recognises the value of heritage in Penrith. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received.

2.     The changes and corrections listed in this report be made to draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation).

3.     Following the changes, draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation), (except for any amendments arising from the changes to the Standard Instrument) be forwarded to the Department of Planning with a request that the Minister make the plan. 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

7

2009 National General Assembly of Local Government   

 

Compiled by:                Stephen Pearson, Executive Services Officer

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 National General Assembly of Local Government (NGA) is the most significant event on the national local government calendar. The NGA is attended by Mayors, Councillors and senior Council officers from across Australia.

 

The 2009 NGA was held in Canberra from 21-24 June 2009. A number of important issues were debated at the 2009 NGA in relation to future local government financing, funding for infrastructure and managing the effects of climate change.

 

Penrith City Council submitted two motions to the NGA under the ‘Climate Change” theme. Both of these motions were amalgamated into composite motions, as they were similar to motions submitted by other councils.  Both composite motions were carried as Resolutions 1 and 3.

 

The Australian Local Government (ALGA) Board has since resolved to support both Resolutions and convey them to the Australian Government to seek the Government’s comments and response.

Background

The Australian Local Government Association’s (ALGA) policies are determined at its Annual General Meeting and by a National General Assembly of Local Government. The General Assembly has a wide brief to consider policy directions and convey the views of councils to the Annual General Meeting and National Executive.

 

This year’s General Assembly was held in Canberra from 21-24 June 2009.

 

Council’s delegates to the National General Assembly were the then Mayor, Councillor Jim Aitken OAM (voting delegate) and the Deputy Mayor, Councillor Ross Fowler OAM (observer), supported by the General Manager - Alan Stoneham and the Group Manager Leadership - Ruth Goldsmith.

 

Councillor Karen McKeown and the Community & Cultural Development Manager - Erich Weller, attended the National Awards for Local Government Award Presentation on 24 June.

National General Assembly Program

The theme of the 2009 National General Assembly was “Rising to the Challenge – Infrastructure, Climate Change and Financing” and a number of high profile political and expert speakers addressed delegates on this theme.

 

In his opening address, Councillor Geoff Lake, ALGA President, addressed the three parts of the Conference theme:

 

·    Infrastructure – welcomed the Federal Government’s $800 million for community infrastructure as part of the Government’s Stimulus Package, stated that it is critical that the local government sector expands and improves its engagement, presence and focus at the national level in regard to infrastructure, and that the sector needs to influence how things happen by interfacing with the Federal Government.

 

·    Climate Change –stated that local government is an important tool in the whole of government response to climate change because it is a regulator of land use planning and building controls and because councils are major employers, and by virtue of the scale of councils, major emitters in most communities. It must be the priority of local government to work with the Australian Government to make sure the very best research is available to local government, within appropriate planning and response timeframes to support understanding of the projected impacts of climate change at a regional level.

 

·    Financing - emphasised the importance of local government showing leadership and initiating its own reforms to improve its efficiency and financial effectiveness, as part of demonstrating the case to other levels of government of the need for an increase in funding. Also advocates reform to inter-governmental funding arrangements by reviewing the provision of Australian Government general purpose grants to local government.

 

Keynote political speakers included:

 

The Hon Anthony Albanese, Minister for Infrastructure, Transport, Regional Development and Local Government

 

Senator Bob Brown, Leader of the Australian Greens

 

The Hon Greg Combet AM, MP, Minister Assisting the Minister for Climate Change

 

Senator The Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy

 

The Hon Warren Truss, Leader of the Nationals, Shadow Minister for Trade, Transport, Regional Development and Local Government

 

The Hon Malcolm Turnbull, Leader of the Opposition

 

Keynote expert speakers included:

 

Professor George Williams, Anthony Mason Professor of Law and Foundation Director of the Gilbert & Tomin Centre of Public Law, University of New South Wales.                              

                  

Dr Peter Abelson, Managing Director, Applied Economics

 

Mr Stephen Alchin, General Manager, Infrastructure Australia

 

Elisa DeWit, Partner, Deacons Law Firm

 

Scott Lennon, Economic Advisor, PricewaterhouseCoopers

 

Frank McGuire, Strategist & Community Leader

 

Robert Ray, Special Counsel, CPR Communications & Public Relations

 

Professor Will Steffen, Executive Director, ANU Climate Change Institute

 

Rebecca Durdev, Project Manager, Gold Coast City Council Climate Change Strategy

 

Sarah Gardner, Executive Co-ordinator, Gold Coast City Council Environment and Infrastructure Unit

 

John Stevens, Group Manager Asset Management, Clarence City Council, Tasmania

Outcome of Motions submitted by Council

Council has a very successful track record in past years of influencing the development of national local government policy.

 

Penrith City Council submitted the following two motions:

 

MOTION 1

 

Modelling impacts of Climate Change on Local Govt & provide info to councils for best practice adaptation & mitigation

 

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

 

MOTION 2

 

A Package to Reduce Carbon Emissions, Create Jobs and Support Economic Development

 

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

 

These two motions were both compiled by the ALGA into composite motions covering the substance of motions submitted by a number of councils as follows:

 

 

MOTION 1 (COMPOSITE)

 

That this National General Assembly calls upon the Australian Government to work closely with the State and Territory Governments and local government to develop appropriate legislative policy and implementation frameworks, together with the necessary technical guidance on mitigation and adaptation (including planning and development) to enable the effective and consistent management of the range of potential climate change impacts likely to affect communities, economies and the environment of Australia.

 

(covers the substance of motions submitted by Pittwater Council NSW, Penrith City Council NSW, Murrindindi Shire Council VIC, Gosford City Council NSW, Lake Macquarie City Council NSW, Maroondah City Council VIC, Mid-Western Regional Council NSW, Warringah Council NSW, Knox City Council VIC, Shoalhaven City Council NSW and Port Stephens Council NSW).

 

This MOTION was CARRIED as Resolution 1 with the inclusion of the words “and funding” after the words “technical guidance” appearing on the fourth line.

 

MOTION 2 (COMPOSITE)

 

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

 

(covers the substance of motions submitted by Penrith City Council NSW, City of Whittlesea VIC and City of Kingston VIC).

 

This MOTION was CARRIED as Resolution 3.

 

ALGA Board assessment of Resolutions

 

The ALGA Board has subsequently assessed these two Resolutions to determine whether they are consistent with existing ALGA policy and the policies of state and territory associations. ALGA also considers the resource implications of adopting the resolutions and how the proposed course of action fits with ALGA’s existing priorities.

 

The ALGA has advised that the Board met on 23 June 2009 to consider the resolutions from the National General Assembly and to determine the most appropriate way to pursue them.

 

In relation to Resolutions 1 & 3, the Board felt that as climate change is a relatively new and evolving policy area at the national level, it is important to:

·     support it in principle and convey all of the resolutions to the Australian Government to provide them with an understanding of the NGA delegate’s views on the range of matters considered; and

·     seek the Government’s comments and response to each of these motions.

 

Following the receipt of the Government’s response to these resolutions, the ALGA Board will further consider its national policy position and the most appropriate way to progress local government’s interest in these important policy areas.

Conclusion

The National General Assembly of Local Government provided delegates with the opportunity to identify and share information on key issues facing local government in Australia.

 

All resolutions emanating from the NGA can be referenced on the web at http://nga.alga.asn.au/business/resolutions/2009/

 

 

RECOMMENDATION

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

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

8

Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions   

 

Compiled by:                Glen Tuckwell, Project Co-ordinator

Mal Ackerman, Supply Co-ordinator

Authorised by:             Hans Meijer, City Works 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

To advise Council on the outcome of a Tender for the Manufacture, Supply and installation of Office Work stations and associated loose furniture for the Civic Centre Extensions. The tender also included a requirement to dismantle and remove existing work stations.

 

A total of 8 tenders were received for the above project. The tender specified a number of mandatory criteria that the tenderers were required to meet. This included; attendance at the Tender briefing/site inspection, Work stations and loose furniture to be GECA Certified (Good Environmental Choice Accreditation), Compliance with all relevant Australian Standards, ISO9000 Quality Certification or equivalent.

Of the 8 submissions 5 of these were excluded from the next stage of the evaluation as they did not meet one or a number of the mandatory criteria.

 

The remaining 3 tenderers were assessed against the evaluation criteria and were also subjected to a physical inspection of the products offered along with independent financial analysis and referee checks.

 

Based on the evaluation criteria, site inspections, independent risk analysis and best overall value for money, the evaluation panel is recommending that the contract for Manufacture, Supply and Installation of Work stations and loose furniture (including dismantling and removal of existing workstations) be awarded to Zenith Interiors Pty Ltd for the lump sum fixed cost of $546,124 (Excluding GST).

Background

As part of the Civic Centre Office Extensions tenders were called for the supply and installation of Office Work Stations and loose storage units.

 

Early in 2009 a panel of selected senior staff, including Council’s OH&S officer, reviewed a number of alternate work station solutions through various site visits. Prior to advertising tenders Consultants DEM Pty Ltd were engaged to prepare designs and specifications reflecting the preferred style and type of work stations.

 

Tenders for the Manufacture, Supply and Installation of Office Work Stations and Loose Furniture were advertised in the Penrith Press, Sydney Morning Herald and placed on the e tendering web site on 6th October 2009 and closed on Tuesday, 27 October 2009.

 

It was proposed in the Tender documents that Council will select one preferred Contractor to perform all of the specified works.

 

All prospective tenderers were required to attend a pre-tender briefing and site inspection on Thursday, 15th October 2009.  Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

 

The technical specifications for this project were prepared by Independent Consultants DEM Australia Pty Ltd. The scope of works for the project included the following;

 

·    Manufacture, supply and installation of new work stations and loose furniture for Level 1 as specified.

·    Dismantling and removal of existing work stations.

 

One of the mandatory criteria that tenderers had to comply with was that their work stations and loose furniture had Good Environmental Choice Accreditation (GECA). GECA is a not for profit organisation that provides the community, industry and government with a simple way to identify environmentally preferable products. A GECA certification is awarded to products that meet strict standards for environmental impact, social responsibility and fitness for purpose in a wide range of product categories.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Mal Ackerman (Supply Co-ordinator), Glen Tuckwell (Building Projects & Maintenance Co-ordinator) and Geoff Payne (Occupational Health & Safety Co-ordinator).

 

Evaluation Process

The process for the evaluation of tenders was as follows:

 

1.   Initial review of tenders to determine compliance with the Mandatory Criteria this included;

o Attendance at the Tender briefing/site inspection

o Work station and loose furniture to be GECA Certified (Good Environmental Choice Accreditation)

o Compliance with all relevant Australian Standards.

o ISO9000 Quality Certification or equivalent

2.   Assessment against the evaluation criteria to determine ability in meeting the specified requirements.

3.   Assessment of costs based on the prices tendered.

4.   Determination of a short list based on the best rankings from 2 & 3 above

5.   Further evaluation of the short listed companies through:

·    Site visits to inspect the products offered for acceptability

·    Independent Financial Risk Analysis

·    Independent Referee Checks

 

Tender Evaluation Criteria (Tenderer’s Capability)

The tenders submitted were initially assessed in accordance with the Mandatory criteria specified in the tender documents. The selection criteria specified and used in determining the best overall value tender were as follows:

·    Demonstrated ability in the supply and installation of similar projects.

·    Relevant industry experience

·    Project Completion times.

·    Demonstrated Compliance with Specified Requirements

·    Product Guarantees

·    Project Cost –The Lump Sum Tender Price

·    Other Cost impacts

·    Removal cost or credit for existing workstations

·    Financial viability.

·    Business record

·    Industrial relations

·    Safety record.

·    Occupational Health & Safety and Public Liability Management.

·    Quality Assurance System.

·    Environmental Management System.

 

Summary of Tenders Received

A total of 8 responses were received as follows (Alphabetical Order)

 

Complete Office Supplies Pty Ltd

Maxton Fox Furniture Systems Pty Ltd

Office Furniture Systems Pty Ltd

OfficeMax Australia Ltd

Pago Designs Australia Pty Ltd

Rockdale Office Furnishers

Schiavello Systems NSW Pty Ltd

Zenith Interiors Pty Ltd

 

Evaluation of Offers

The tenders submitted by Complete Office Supplies Pty Ltd, Office Furniture Systems Pty Ltd and Zenith Interiors Pty Ltd met the mandatory criteria and progressed to be assessed against the remaining evaluation criteria specified in the tender documents.

 

The following Tenderers did not meet the Mandatory Criteria and therefore were not further considered.

 

Maxton Fox Furniture Systems Pty Ltd (No GECA Certification)

OfficeMax Australia Ltd (No GECA Certification)

Pago Designs Australia Pty Ltd (No GECA Certification)

Rockdale Office Furnishers (No Quality Accreditation)

Schiavello Systems NSW Pty Ltd (No GECA Certification)

 

Capability Assessment

All companies evaluated demonstrated the capacity and capability in providing the specified equipment. The details of the products offered by each of the short listed tenderers are covered in more detail under the Site Inspection review comments.

 

 

 

Compliance with Specified Requirements

Based on the written submissions, all short listed tenderers generally demonstrated compliance to the specifications.  Further analysis was carried out of the products offered at the physical site inspections. General comments on the written proposals are as follows;

 

Complete Office Supplies Pty Ltd

They submitted a joint proposal whereby they intend to sub contract the manufacture of the workstations to Australian Work Station Manufacturers (AWM) based in Alexandria and provide all of the loose furniture directly themselves. The workstations as presented met the specified requirements however; some of chairs offered were not as specified. They also did not submit an offer for Hot Desks.

 

Office Furniture Systems Pty Ltd

They proposed in their tender to offer a partly imported work station with a percentage of elements manufactured in Sweden by Kinnarps with all loose furniture to be of Australian Manufacture. They offered for all items but indicated that the type of work station specified and offered was not available for review but they would develop a prototype for review at the site inspection. The chairs offered only have a 3 year warranty against a specified requirement of 5 years.

 

Zenith Interiors Pty Ltd

All components and loose furniture is manufactured by them at their premises in Darlinghurst, Sydney and in Melbourne.

 

Their tender submission demonstrated full compliance with the specified requirements.

 

Price Evaluation

The following table shows the tendered lump sum prices from lowest to highest.

Complete Office Supplies Pty Ltd did not submit a price for Hot Desks although they are able to supply this item; they also failed to submit a cost for the dismantling and removal of the existing workstations. On this basis a comparison of prices was made across all 3 remaining tenderers excluding these items as well as an overall total.

 

 

 

Item

Item Description

Office Furniture Systems Pty Ltd

Complete Office Supplies Pty Ltd

Zenith Interiors Pty Ltd

1

General Workstations

159,300

181,731

197,644

2

Supervisor Workstations

109,620

113,718

108,165

3

Manager Workstations.

34,800

47,762

50,653

4

Hot  desks

7,320

No Quote 

10,833

5

Loose Furniture

174,025

171,490

173,189

 

6

Dismantle & Remove existing Work stations

0

No Quote 

5,640

 

Overall Total Excluding Items 4 and 6

477,745

514,701

529,651

 

 

 

 

 

 

Overall Total -All items

485,065

N/A

546,124

 

Site Inspections and review of Tenderers facilities/products offered

Zenith Interiors Pty Ltd

Workstations

The workstation system presented by Zenith Interiors to Penrith City Council and DEM was the general workstation system complete with the storage wall element. Zenith Interiors are the manufacturer and supplier of their workstation systems. The workstations offered by Zenith Interiors items were viewed at Zenith Interior's showroom located at 200 Crown Street, Darlinghurst. The detailing throughout the system was excellent with careful consideration to details such as the locking cylinder neatly and discreetly mounted and hidden away on the side of the fixed pedestal unit to avoid potential OHS issues, concealed finger pulls in-lieu of handles were neatly detailed, screen thickness of 35mm light and securely fixed with a well resolved clamp bracket device, fixed pedestal quality smooth drawer runners, consideration for power and data reticulated were all very well thought about and conveyed throughout the workstation.

 

The quality rectangular splayed leg support with 150mm adjustment answered the specified requirements and would not pose to be problematic should someone of substantial weight sit on the edge of the workstation. The A4 paper trays offered were white powder coated aluminium. The joinery store unit included metal adjustable levelling feet for uneven floor surfaces and a quality underslung slide-out and pivoting PC storage device.

 

Zenith Interiors have completed numerous projects with installation of the workstation system and storage wall element, too many to list. Zenith Interior's manufacturing facility is located in Melbourne and is available for viewing if required. The product offered is 100% manufactured and assembled n Australia.                                                             

 

Loose Furniture

The loose furniture and storage unit supplied by Zenith Interiors were well presented and well certified on all accounts and conveyed good quality distributed throughout all loose furniture items. All products are well manufactured and the quality is consistent across all loose furniture. All products meet PCC's OH & S requirements.

 

Complete Office Supplies Pty Ltd (COS)

Workstations

The workstation system presented by COS to Penrith City Council and DEM was a hotdesk system. The items were viewed at AWM's showroom located at 634 Botany Rd Alexandria which confirmed that COS would sub-contract all workstations to AWM. The hotdesk system presented well with good detailing evident in the way the aluminium extrusions neatly abutted adjacent surfaces. Whilst the workstation screen fabric was not the correct specification, COS/AWM confirmed they could install as per specification. Similarly whilst the PC storage shown was a "caddy on wheels" AWM advised they could install what was confirmed as an addendum in the tender this would most likely incur additional cost. The A4 paper trays were white powder coated aluminium.

 

COS/ have indicated that they have installed the workstation system in the past at Westpac and ANZ , however they need to confirm if the storage wall element also has been tried and tested in a commercial fit out of similar PCC size. The leg supports were fully imported whilst the joinery elements such as the worktops and storage wall elements were made and assembled in their Alexandria warehouse in Sydney.

 

Loose Furniture

COS tender for the supply of loose furniture clearly did not answer the brief set by DEM. All loose furniture presented by COS was found to be sub-standard and of poor quality. The offices chairs in particular did not comply with Council’s OH&S ergonomic requirements.

 

Office Furniture Systems Pty Ltd (OFS)

Workstations

The workstation system presented by OFS to Penrith City Council and DEM was the general workstation system complete with the storage wall element. The items were viewed at Kinnarp's showroom located at 144 Pacific Highway, North Sydney which confirmed that OFS would sub-contract all workstations to Kinnarps. The system presented well with Kinnarps confirming that they had specifically produced a prototype in 5-6 days for further consideration. The workstation screen however was chunkier (thicker) than specified, slide-out pivoting underslung PC storage was not as good a quality fitting as expected, store wall joinery element was neatly produced, however the clamp on screen device to the work surface was poorly resolved as the end of the thread screw fixed to the underside of the work surface had no pvc/rubber end cap to prevent further damage to the underside of the work surface, the cylinder locking device was mounted on the front right corner face which would/could pose further OH & S issues in the future, the leg support was an 'A' frame support which under the circumstances may be considered if an imported leg would not be an issue, the adjustment in the leg support sleeve clearly would be issue when a person with substantial weight sat on the end of the workstation further collapsing the leg and whilst concealed flush finger pulls were specified, OFS installed surface mounted 'd' pull handles to the fixed pedestal.

 

Loose Furniture

The loose furniture and storage unit supplied by OFS were well presented with an attempt to convey good quality furniture distributed throughout all loose furniture. The task chair was unstable with too much back curvature on the chair to provide more of an upright posture for the end user. The visitor chair provided a polypropylene frame to the seat which the mesh was adequately bound into the polypropylene frame.

 

Although the back mesh material was bound into the polypropylene back side sections of the chair, the top and bottom sections of the back of the chair were not bound securely into the frame and the mesh material could easily be damaged in the future. As OFS offer a 3 year warranty on the chairs this did not meet the specified 5 year requirement. The task chair and visitor chair also do not meet PCC's OH & S.

 

Summary

From the site inspections carried out the total solution offered by Zenith Interiors Pty was far superior in quality and compliance when compared to the products offered by either of the other two (2) competitors.

 

Whole of Life Costs

The mandatory requirement for Good Environmental Choice accreditation (GECA) ensures that the products manufactured incorporate a high degree of sustainability and recycled content. Based on the 15 year structural guarantee on the workstations and the 5 year guarantee for the office chairs the maintenance/replacement costs of the recommended solution is expected to be very minimal. The life expectancy for the workstations is a minimum of 20 years. At present the only significant maintenance cost to Council is for the repair and or replacement of existing office chairs, the cost for the previous financial year being $5,016. However, it should be noted that the existing chairs are aged and in need of replacement.

 

Financial Analysis

Third party financial analysis checks were conducted for all short listed tenderers. There were no adverse findings and all tenderers demonstrated satisfactory financial capacity to undertake the works.

 

Referee Checks

Third party referee checks were carried out on the short listed companies. In all cases reports indicate a very good to superior level of performance and customer satisfaction.

 

Financial Services Manager’s Comments

The Civic Centre extensions fit-out project has a budget allocation of $1.55m which incorporates fit out design, electrical work, additional offices and meeting rooms including relocation of services, kitchen upgrades, work stations and loose furniture. To date $267,050 has been spent on the fit-out design and electrical work for power, phone and data. The original estimate for the installation of office workstations and loose furniture included under this tender was in the order of $700,000. The tender process has produced a good result with the preferred tender from Zenith Interiors Pty Ltd coming in at $546,124 leaving a balance of $736,826 to complete the remaining work.

 

Conclusion

From the short listed companies the only fully complete tenders were submitted by Zenith Interiors Pty Ltd and Office Furniture Systems Pty Ltd. It was evident from the site inspections that the products offered by Complete Office Supplies were not in accordance with the specified requirements. The standard and quality of products offered by Zenith Interiors Pty Ltd were far superior to those offered by Office Furniture Systems Pty Ltd. (OFS) also the chairs offered by OFS do not comply with the specified 5 year warranty.  The tender submitted by Zenith Interiors Pty Ltd represents the best overall value to Council and are recommended on the following basis.

·    Superior quality

·    Superior OH&S and ergonomic compliance

·    Full compliance with specified requirements

 

Comment by Tender Advisory Group (TAG).

A Tender Advisory Group consisting of the Group Manager City Infrastructure, Group Manager ~ Legal and Governance and the Acting Executive Officer discussed the tender process and believe that it is a fair assessment against the essential criteria that was established for assessing the merits of the tenders received. Questions have been raised whether the mandatory criteria requiring tenderers to have Good Environmental Choice Accreditation (GECA) may have been too stringent.

In subsequent discussions with the Council’s Project Co-ordinator the TAG has been advised that in initial discussions with the Consultant DEM prior to going to design and documentation for the tender, questions were raised by DEM about the Council’s commitment to the environment. The Consultant was advised that the Council is committed to the purchase of sustainable products and GECA fulfils this requirement.

We were advised that in recent fit-outs to the first floor additions the Council has already shown its commitment to purchasing environment friendly products such as carpets, lighting, paint and vinyl that comply with GECA.  The TAG were of the view that the continued commitment by the Council to products that are endorsed GECA is prudent and the TAG support the recommended tenderer.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions be received.

2.     A contract for the Manufacture, Supply and installation of office workstations and associated loose furniture including dismantling and removal of existing work stations be awarded to Zenith Interiors Pty Ltd for the lump sum cost of $546,124 (excluding GST).

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

9

Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors   

 

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

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year.  Section 253 of the Act requires that the Council must give at least 28 days public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial.

 

Council’s staff have reviewed various guidelines from the Department of Local Government (DLG -now called the Division of Local Government] for any suggested amendments that Councils should incorporate within their Section 252 Policies. These changes were amalgamated within a Report to the Policy Review Committee Meeting held on 14 September 2009, where a decision was made to advertise the Council’s draft Section 252 Policy to the public for their comments, as required under the Act.

 

At the time when the matter was before the Council’s Policy Review Committee Meeting, the Council requested that a late motion be forwarded to the Local Government Associations Annual Conference to compensate Councillors for attending training and conferences. This Late Motion was referred to the Executive Committee of the Association.

 

No submissions have been received from the public following the advertising of the Council’s draft Section 252 Policy. The Report recommends that the Council adopts the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

 

Background

 

Council received advice from the Department of Local Government through DLG Circular 08-03 which provided guidelines on a number of changes Councils should consider when reviewing their Section 252 Policy. This Circular was based on a review of a number of Council’s 252 policies that was undertaken by the DLG in 2007 and feedback from various councils which provided a series of recommendations relating to section 252 policies.

 

The changes that were made in response to this Circular were highlighted in a report presented to the Policy Review Committee on 14 September 2009. A copy of the previous report is appended.

 

Council must comply with these provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy. Accordingly Council advertised its intention to adopt the Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors in the Penrith Press on 6 October 2009 for a period of 28 days.

 

The report to the Council’s Policy Review Committee Meeting recommended that Council’s current Policy be amended to ensure that it is  consistent with the Guidelines issued by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

Current Situation

 

The notification period for advertising the draft Section 252 policy has now concluded and no submissions were received.

 

After the Council advertised its 252 Policy, the DLG issued a further Circular 09-36 providing guidelines on Councillor expenses and facilities. This Circular was an extension of the previous DLG Circular 08-03 dealing with the same issues that had been used by staff in reviewing the Council’s Section 252 Policy.

 

Council’s staff have reviewed the guidelines provided in the latest DLG Circular and are of the opinion that the Council’s draft Section 252 policy that it resolved to advertise on 14 September 2009 is consistent with the recommendations made by the Department. At the time when the matter was before the Council’s Policy Review Committee Meeting, the Council requested that a late motion be forwarded to the Local Government Associations Annual Conference to compensate Councillors for attending training and conferences. This Late Motion was referred to the Executive Committee of the Association, and Council’s staff will monitor the Association’s deliberations on the motion.

 

Council is required to submit its adopted Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors to the Division of Local Government by 30 November 2009. Council’s staff have advised the DLG that the Council’s draft Section 252 policy will be presented to the Council’s Ordinary Meeting held today, and if adopted, a copy will be forwarded to the DLG directly after this meeting.

 

Conclusion

 

The Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors is required to be reviewed within 5 months of the end of each financial year. It is considered that the draft policy has now gone through a thorough consultative process and has met all legislative requirements in terms of notification.

 

Given that there were no submissions received during the notification period of the Council’s draft Section 252 policy and that the draft policy is consistent with the recommendations from the DLG contained in the latest Circular, it is considered that the policy should be adopted by the Council.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.     Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors to the DLG.

 

ATTACHMENTS/APPENDICES

1. View

PRC Report 14 September 2009

5 Pages

Appendix

  


Ordinary Meeting

30 November 2009

Appendix 1 - PRC Report 14 September 2009

 

 

 

 

 

1

Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors   

 

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:

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year.  Section 253 of the Act requires that the Council must give at least 28 days’ public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial.  Council must comply with these provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy.

 

Council has received advice from the Department of Local Government through DLG Circular 08-03 which provides guidelines on a number changes Councils should consider when reviewing their Policy. The changes that have been made are provided in Attachment 1 (Colour copies will be provided separately to Councillors) and are highlighted as follows:

 

1.   Existing policy largely consistent with the Guidelines are in normal text

2.   Proposed deletions are in red text

3.   Proposed additions are in green text

 

The report highlights the proposed changes that have been made in response to the information provided by the DLG such as, no general allowance is to be provided, changes to the reconciliation and reimbursement process, strengthening of carer expenses, disallowing private benefit. In addition several changes have been suggested by Council’s staff and Councillors such as travel arrangements and expenses and class of air travel.

 

A Reference Group was held on 31 August 2009 to discuss the proposed changes to the Council’s draft Policy on the Payment of Expenses and the Provision of Facilities.  As a result, Council staff are now preparing correspondence to the DLG and a late motion to the Local Government Association’s Annual Conference requesting that consideration be given to providing an allowance to Councillors to enable them to attend conferences and training related to their civic functions to cover loss of income due to absence from their work.

 

This report recommends that Council’s current Policy be amended to ensure that it is  consistent with the Guidelines issued by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

 

Council officers will review the draft Policy again after the notification period has concluded, and when further information is received from the DLG and as a result of the late motion to the Local Government Association Conference.

Current Situation

Council adopted its current Policy at the Ordinary Meeting of 15 October 2007, upon a recommendation of the meeting of the Policy Review Committee held on 8 October 2007. 

 

The Act provides that the Director General of the DLG may issue Guidelines in relation to the review and adoption of Councils’ Section 252 Policies.  The DLG issued Guidelines in January 2008 to assist Councils in reviewing their Section 252 Policies. In addition, the DLG reviewed 45 Council’s 252 Policies (including Penrith City Council’s Policy in August 2007) and feedback was provided to the Council from the review of our 252 Policy. Council’s staff were waiting on a revised Guideline to be issued by the DLG before a review of the Council’s 252 Policy was undertaken. However, as the DLG advised Council’s staff that a timeframe for revised Guidelines was not available, Council’s staff commenced a review of the Council’s 252 Policy taking into consideration the advice provided by the DLG.

 

The Guidelines and the findings from the review have been examined to identify how they may affect Council’s current policy.  A draft Policy that complies with the Guidelines and the DLG review can be found in Attachment 1 (Colour copies provided separately) to tonight’s business paper.  The provisions of Council’s existing 252 Policy are largely consistent with the Guidelines and are in normal text, proposed deletions are in red text, and proposed additions are in green text. The proposed changes are not seen to be major additions to the existing Policy. Some of the more significant changes will be discussed in this report, the remainder are highlighted in the attachment but are considered minor. 

 

Changes made as a direct result of DLG guidelines

 

·    Council’s 252 Policy was not to provide for a general allowance. This has been included within the draft Policy at 9.1.1.Limits were to be placed for all expenses and facilities. This has been included in section 9.2.3.1 as well as 11.2.1. The DLG have suggested that the limits on sustenance should be based on the Australian Tax Office’s determination. This issue has been catered for in the revised draft Policy.

·    Clarification of the process for the approval, reconciliation and reimbursement of expenses and facilities was to be included. While the Council’s existing Policy reflected the comments made by the DLG, the Policy has been strengthened and this has been included within section 9.1.5.

·    Councillor expenses / facilities may not be used to support attendance by Councillors at political fund raising functions. This has been included within 9.1.8 of the draft Policy.

·    Councils were to state in their Policy that the Policy would apply if an Administrator was appointed to the Council’s area. This has been included within 9.1.9 of the draft Policy.

·    Policies should extend to the provision of expenses for carer expenses. This has been included within 9.2.6 of the draft Policy.

·    Policies need to clarify that gifts and benefits given by a Councillor should be of token value. This has been included within section 12.6 of the draft Policy.

·    Policies reviewed by the DLG identified that Councils may be at risk of paying inappropriate legal expenses for Councillors. The DLG have suggested appropriate words to address this issue and these are included within section 9.2.8 of the draft Policy.

·    Policies should disallow private benefit for Councillors. This has been included within section 13 of the draft Policy.

Furthermore there were several other issues which were raised for consideration by Council’s staff or Councillors to ensure the Policy remains contemporary. The following points highlight the changes proposed:

·    In the draft Policy (attached) the provisions relating to the use by Councillors of their own private motor vehicle have been streamlined to reflect the Council’s current practice. In the draft Policy it is proposed that if a Councillor has approval to attend a meeting / Conference and that it will take less than three hours to drive, that a Councillor is authorised to use their private motor vehicle.  Where a Councillor has authority to attend a meeting / Conference and the expected travel time by motor vehicle is greater than three hours, a Councillor is able to receive the lesser of the cost of an economy air fare or the cost according to the “rates applicable under the relevant State Award” if they choose to use their private motor vehicle to travel to the meeting / Conference.

·    Currently Councillors are able to travel by air (economy class) for all official air travel, “with the exception that business class may be used for air travel to Western Australia; the Northern Territory, Tasmania, destinations in Queensland north of Brisbane and destinations overseas”. Due to the recent introduction of premium economy air fares on domestic air travel and international travel, it is considered appropriate that when available this option should be utilised.

Next Steps

On 31 August 2009, a Reference Group was held with all available Councillors invited to attend to discuss the proposed changes to the Council’s current 252 Policy. At the Reference Group the issue of costs incurred by Councillors in attending conferences was discussed. The specific issue raised was that the DLG were encouraging Councillors to undertake training, but a Councillor may not have sufficient leave from their work to enable them to attend a training course which may impact on the Councillor’s ability to attend a training course. This issue had been previously raised by a Councillor and Council officers wrote a letter to the DLG in April 2009 requesting the Department’s views on providing an amount of money to Councillors to enable them to attend conferences and training related to their civic functions to cover loss of income due to absence from their work. The DLG replied to Council advising that “In the Department’s view it is therefore inappropriate to provide a payment to a councillor, such as you describe in your correspondence, either as a fee or as an expense in a councillor expenses and facilities policy”.

The Reference Group asked that Council Officers prepare further correspondence to the DLG requesting reconsideration of this issue. In addition, the Reference Group requested that a motion be put forward to the Local Government Association’s Annual Conference as follows:

Subject: Reimbursement of income loss due to Councillors attendance at training and conferences

 

Motion:

 

That the Local Government Association make representations to the Department of Local Government requesting that provision be made in the Section 252 Policy on Payment of expenses and provision of facilities for a daily amount of money to Councillors to enable them to attend conferences and training related to their civic duty to cover their loss of income.

 

Note from Council:

 

Penrith City Council is committed to providing all Councillors with the opportunity to attend as many training courses and conferences as required to ensure Councillors can carry out their civic duty as best as possible.

 

The DLG have strongly advocated that Councillors should receive adequate training opportunities to enable them to effectively and efficiently discharge their responsibilities of being a Councillor. Penrith City Council recognises that some Councillors may be disenfranchised by not being able to attend essential training courses, attend peak Conferences due to their own work commitments and subsequent financial limitations. The motion attempts to encourage more Councillors to attend training courses and conferences by providing reimbursement for the loss income by way of a daily payment, with a capping on the number of days that a Councillor can access this allowance.

 

Conclusion

 

Given that the Council’s 252 Policy must be reviewed within 5 months of the end of each financial year and that Council must give at least 28 days’ public notice of its intention to adopt or amend its Policy, it is considered prudent that Council approves the draft policy, and then a 28-day public exhibition period will commence. Once further information has been received from the Department of Local Government or the outcome of the motion to the Local Government Association Conference, a further report will be submitted to the Council.

 

In the event that proposed amendments are made at the Meeting by Councillors to the draft 252 Policy, these will be included prior to advertising the document. A further report, detailing any submissions received within the 28-day public exhibition period will be submitted to a future Policy Review Committee Meeting.

 


Ordinary Meeting

30 November 2009

Appendix 1 - PRC Report 14 September 2009

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.     Council advertise for 28 days’ a public notice of its intention to adopt the amended Policy

3.     Council write to the Department of Local Government, requesting reconsideration of the issue of costs incurred by Councillors in attending training courses and conferences and the provision of a daily payment to reimburse Councillors for lost income.

4.     A motion be put forward to the Local Government Association Conference requesting that provision be made in the Section 252 Policy on Payment of expenses and provision of facilities for a daily payment to Councillors to enable them to attend conferences and training related to their civic duty to cover the loss of income.

 

ATTACHMENTS/APPENDICES

1.  

Draft Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors

18 Pages

Attachment

 


Ordinary Meeting

30 November 2009

A Leading City

 

 

 

10

Copenhagen Climate Change Conference 2009   

 

Compiled by:                Carmel Hamilton, Sustainability Co-ordinator

Bernadette Riad, Senior Sustainability Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

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

In December 2009, representatives from governments from across the world will meet in Copenhagen to decide a new global climate treaty.  These talks follow on from the UN climate talks held in Bali during 2007, at which governments agreed to start work on a new global agreement to follow on from the Kyoto Protocol which ends in 2012. Technically known as the 15th Conference of the Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC), the Copenhagen Climate Change Conference marks the deadline for completing these negotiations and agreeing on a framework to fight climate change in the post-2012 period.

 

This report aims to provide a background to these talks, and the advocacy work of local government associations in ensuring that the new climate treaty recognises the contributions of local government in responding to climate change.

 

Letters advocating the importance of the role of local government and Council’s support for any post-2012 agreement to retain an acknowledgement of this role have been written to the Federal Minister for Climate Change and Water, the Lord Mayor of the City of Sydney and the Chief Executive Officer of ICLEI Oceania who will be attending Copenhagen and participating in the formal negotiations and other related events.

Background

The international political response to climate change began with the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992. The UNFCCC sets out a framework for action aimed at stabilising atmospheric concentrations of greenhouse gases to avoid ‘dangerous anthropogenic interference’ with the climate system. The UNFCCC came into force on 21 March 1994 and now has 192 parties.

 

Since 1995, the signatory states (called Parties to the Convention) have been meeting annually in Conferences of the Parties (COP) to assess progress being made in dealing with climate change.

 

A product of the UNFCCC, the Kyoto Protocol is an international agreement that sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions against 1990 levels over the five-year period 2008-2012. Adopted in Kyoto, Japan, on 11 December 1997, the protocol came into force on 16 February 2005, and has been ratified by 184 parties. 

 

The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialised countries to stabilize GHG emissions, the Protocol commits them to do so.

 

Australia has ratified the Convention, and is bound to comply with its obligations, having signed the instrument of ratification of the Kyoto Protocol on 3 December 2007. Australia has committed to meeting its Kyoto Protocol target, and has set a target to reduce greenhouse gas emissions by 60% on 2000 levels by 2050.

 

At the UN climate talks held in Bali in December 2007, the international community committed to develop a new, long-term, approach for global cooperation on climate change, to be agreed in Copenhagen in December 2009. This is known as ‘the Bali Roadmap’.

The Bali Roadmap has two main objectives: to agree new targets for developed countries to follow on from the current Kyoto Protocol targets which conclude in 2012; and to agree on a new framework for action by all countries as part of a comprehensive post-2012 outcome.

 

The 15th Conference of the Parties (COP15) being held in Copenhagen from 7 to 18 December 2009 is expected to see negotiators, ministers and world leaders reach agreement on all of the essential elements of a comprehensive, fair and effective deal on climate change that sets clear, legally binding greenhouse gas emission reduction targets as a matter of urgency.

The Role of Local Government

Through their relationship with local communities, their operational activities, and their planning powers, local governments play a significant role in reducing greenhouse gas emissions and in helping communities adapt to the impacts of climate change. However at present, the UNFCCC and the Kyoto Protocol do not recognise cities and local or regional governments as relevant partners with national governments to help combat climate change.

 

If genuinely empowered and resourced, local governments have the potential to achieve substantial emission reductions in their local areas. Thus, they can be essential actors/partners with national governments to help ensure that global emission reduction targets are being met. As such, local government associations from across the globe see the development of a new international climate deal and the consequent agreement-seeking process, as an opportunity for the necessary empowerment and recognition of cities and local governments in a UN post-2012 framework on climate change.

 

While local government representatives do not have a direct role in the COP15, local government associations representing communities from around the world have been advocating for a strong post-2012 climate deal which recognises the crucial role of cities and local governments in climate protection.

 

Key to this advocacy work is the Local Government Climate Roadmap. This Roadmap was launched at the Local Government Climate Sessions held parallel to COP13 in Bali in 2007, and was designed to accompany the international negotiations leading up to COP15 in Copenhagen.

 

Representatives from Penrith City Council, including Councillor Karen McKeown and former Sustainability Unit Coordinator, Louise Petchell, attended the Local Government Climate Sessions in Bali in 2007.

 

A major component of the Local Government Climate Roadmap is the intensive advocacy work facilitated through bilateral meetings with national delegations such as those held during the Bonn Climate Change talks in March/ April 2009, June 2009, and August 2009, and at events such as the Local Government Climate Change Leadership Summit held in Copenhagen in June 2009 which saw 700 representatives from municipalities and regions from more than 60 countries engage in national-local dialogues.

 

One of the most significant outcomes of this summit was the ‘Local and Regional Governments Call to the Parties in Copenhagen’ outlining 23 specific requests for consideration during the negotiations at the COP15 in December 2009. A copy of this document is included as an attachment to this report.

 

As a result of these efforts, the current draft negotiating text for the post-Kyoto agreement includes more than 100 references to the involvement of local government, acknowledging its role in long-term cooperative action, adaptation, mitigation, and action on financing, technology and capacity building.

 

In continuation of this advocacy work, the C40 Large Cities Climate Leadership Group, the City of Copenhagen, and ICLEI will be hosting The Copenhagen Climate Summit for Mayors from 14-17 December 2009, and the Local Government Climate Lounge at the Bella Center, the COP15 official venue. Involving 100 mayors from cities such as New York, Tokyo, Bangkok, Shanghai, Paris, Moscow, Seoul, Nairobi, Lagos, Mumbai, and Sao Paolo, as well as Sydney and Melbourne, the Mayors Summit will work to ensure that new international climate change agreements do not repeat the omissions of the Kyoto Protocol in terms of the crucial role that cities and local government play in setting policy and taking action to combat climate change.

The Response from Penrith City Council

The position of local government associations such as United Cities and Local Governments, ICLEI – Local governments for Sustainability, World Mayors Council on Climate Change, C40 – Climate Leadership Group, Metropolis, is outlined in the Local and Regional Governments Call to the Parties in Copenhagen, and advocates that;

 

1.   Agreements are inclusive, recognising the contribution and value of all levels of government in the planning, implementation and monitoring of climate change initiatives.

 

2.   The role and experiences of local authorities be recognised in the development and implementation of National Climate Change Strategies and Action Plans.

 

3.   Local authorities are supported and empowered with the capacity and resources required to take action at the local level.

 

4.   Local and regional governments be included as key partners in the planning, implementation and monitoring of nationally appropriate mitigation actions (NAMAs) and national adaptation programme of actions (NAPAs).

 

Council has written to the Federal Minister for Climate Change and Water, Senator Penny Wong, the Lord Mayor of the City of Sydney, Councillor Clover Moore, and the Chief Executive Officer of ICLEI Oceania, Steve Gawler, advocating the importance of the role of local government in any post-2012 climate agreement. Council has also offered its support and encouragement to Steve Gawler and Councillor Clover Moore as representatives of Australian local governments at Copenhagen in December.

 

 

 

RECOMMENDATION

That the information contained in the report on Copenhagen Climate Change Conference 2009 be received.

 

ATTACHMENTS/APPENDICES

1. View

Local and Regional Governments Call to the Parties in Copenhagen

4 Pages

Appendix

  


Ordinary Meeting

30 November 2009

Appendix 1 - Local and Regional Governments Call to the Parties in Copenhagen

 

 

 





Ordinary Meeting

30 November 2009

A Leading City

 

 

 

11

Summary of Investments and Banking as at 31 October 2009   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

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

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

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

       

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 October 2009 to 31 October 2009, and a reconciliation of invested funds at 31 October 2009. The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

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

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 October 2009.

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.   The information contained in the report on Summary of Investments and Banking as at 31 October 2009 be received.

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

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

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

 


Ordinary Meeting

30 November 2009

Appendix 1 - Summary of Investments

 

 

 




 


 

 

 

 

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A City of Opportunities

 

Item                                                                                                                                       Page

 

12      2009 Community Assistance Program Planned Component  

 

13      Mayoral Forum - Housing Opportunities for Older People

 

14      Contracts of Employment for Senior Staff

 

15      Seniors Week 2010

 

16      Tender 14-08/09 for the Supply & Delivery of Child Care Consumables

 

 



Ordinary Meeting

30 November 2009

A City of Opportunities

 

 

 

12

2009 Community Assistance Program Planned Component     

 

Compiled by:                Nerida Silver, Casual Community Development Officer

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 is to inform Council of the applications received in the 2009 Planned Component of the Community Assistance Program (CAP).

 

Council has an annual Community Assistance Program, through which small grants are allocated to non–profit organisations and community based groups to meet local community needs. The maximum grant available under the program is $1,200.00.

 

The funding round was extensively advertised and promoted in local papers, on Council’s web page and through a range of networks and interagencies.

 

A total of 68 applications were received from a diverse range of organisations which provide services to residents across all areas within the Penrith LGA. 63% of the applications have been recommended for either full or part funding.

 

The report recommends that Council approve the applications and amounts recommended for funding as outlined in this report.

 

CAP – Planned and Rolling Components

There are two components of the Community Assistance Program. These are the Planned Component and the Rolling Component. The Planned Component of the program is undertaken once a year in September/October and is widely advertised and promoted. The Planned Component enables Council to assist local community organisations with funds for programs and activities that are planned to be undertaken in a particular financial year. The majority of funds are allocated under the Planned Component.  Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program.

All Planned and Rolling Component applications are assessed against the CAP eligibility and assessment criteria.

 

Eligibility and Assessment Criteria

There are three eligibility criteria for applications under the Community Assistance Program. All projects must satisfy these criteria to be eligible for funding:

 

·    Community based non-profit organisations providing one off activities.

·    Direct benefit to, and participation by, Penrith City residents;

·    Project and project management in line with Council’s Access and Equity Policy.

 

Fundraising programs or organisations whose main job it is to fundraise are not eligible.

 

All CAP applications are assessed for priority against the Assessment Criteria adopted by Council as part of the CAP Policy. Recommendations to fund or not fund are made according to the criteria listed below:

 

·        Whether the applicant for community assistance already receives significant Government funding, and whether the CAP request is more properly seen as a core responsibility of that Government funded program;

·        The size of the organisation or group, and its capacity to access alternative resources;

·        The possibility of access to other sources of funding for the request;  

·        The willingness of the applicant to work collaboratively with residents and other community groups;

·        The level of participation and direct benefit for residents of Penrith LGA;

·        Whether the proposal addresses the priority needs and issues of Penrith LGA residents, as identified through social planning processes;        

·        Whether the proposal is realistic;

·        The cost effectiveness of the proposal;

·        The beneficiaries of the project, ensuring that funds are distributed to diverse groups right across the Penrith LGA.

Budget Allocation and Expenditure to Date

The total annual budget of the combined Planned Component and Rolling Component is $46,000 with $39,000 available for the Planned Component and $7,000 for the Rolling Component.

 

Table 1 below presents the budget allocation to the Planned and Rolling components as well as expenditure to date.

 

Table 1 – Budget Allocation and Expenditure 2009/10

 

 

Allocated

Expenditure to Date

Committed

Available

Planned Component

$39,000

              0

0

$39,000

Rolling Component

        $7,000

500             

0

$6,500      

Total annual funds

$46,000

0        

0

$45,500      

 

Planned Component

The funding round for the 2009 Planned Component opened on 21st September and closed on 19th October. The funding round was advertised in local papers, on Council’s web page, and was also promoted through a range of local interagencies and networks. There is $39,000 available in 2009 for the Planned Component.

 

Applicants were required to complete an  application form, identifying their project objectives, population target groups, budget and benefits to the local community.

 

The promotion of the 2009 Planned Component followed the Community Development Support Expenditure Scheme (CDSE) funding round in March, and precedes the Community Builders funding in November (formerly known as Western Sydney Area Assistance Scheme funding.)

 

2009 Planned Component Applications

A total of 68 applications were received, requesting a total of $72,432. Of the 68 applications received, 43 have been recommended for funding for either all of the requested amount, or an adjusted amount in light of the merit of the project. In 2008/09, Council received 85 applications totalling $91,796.05.

 

Appendix 1 to this report provides the list of 43 applications recommended for funding, including details of each project and the rationale. Where there is a recommendation for funding, that is not the full amount requested, the reason for part funding is given in the information for each project. In general, the quality of project applications was high.

 

The total amount of projects recommended is $39,261, slightly higher than the budget available. The additional $261.00 is proposed to be taken from the Rolling component budget allocation.

 

There are 25 applications that are not recommended for funding through the 2009 Community Assistance Program Planned Component. A rationale is provided why each of these projects is not recommended for funding. Details of these 25 applications are provided at Appendix 2.

 

Table 2 below is a summary of all projects recommended for funding.  Note that recommended projects have also been allocated to their particular population target groups. Please note that the CALD target group refers to culturally and linguistically diverse communities.

 

Table 2 - Recommended List

 

No

Target group

Organisation

Project Name

Amount Requested

Recommended Amount

1

CALD

“Olympus” Greek Senior’s Group

Mother's Day Lunch and Picnic Day                          

The Mothers Day Lunch will be for 40 local elderly residents of Greek and other cultural backgrounds. Music and dancing will be a feature. The picnic day will be on the Nepean River for up to 40 people and will enhance social inclusion to isolated elderly residents.