19 February 2010

 

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 22 February 2010 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 - 1 February 2010.

Extraordinary Council Meeting - 15 February 2010.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 1 February 2010.

 

9.           DELIVERY PROGRAM REPORTS

 

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

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


 

ORDINARY MEETING

 

Monday 22 February 2010

 

table of contents

 

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

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.

 


 

 


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                          

                
          

 
   


2010 MEETING CALENDAR

February 2010 - December 2010

(adopted by Council 9/11/09)

 

 

 

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 Meeting

7.30pm

1

 

 

3v

 

12

9#

6ü

11¨

8#

13

(7.00pm)

22#

22

19

24#

21*

 

 

27^

(7.00pm)

 

29

 

Policy Review Committee

7.30pm

15

8

 

10

 

 

16

13@

 

15

 

 

29@

 

 

28

19

30

 

18

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

31

 

 

 

 

 

 

 

 

 

v

Meeting at which the Draft Operational Plan for 2010/2011 is adopted for exhibition

*

Meeting at which the Operational Plan for 2010/2011 is adopted

#

Meetings at which the Operational Plan quarterly reviews are presented

@

Delivery Program progress reports

^

Election of Mayor/Deputy Mayor

ü

Meeting at which the 2009/2010 Annual Statements are presented

¨

Meeting at which any comments on the 2009/2010 Annual Statements are presented

-                 Extraordinary Meetings are held as required.

-                 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 Acting Executive Officer, Glenn Schuil.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 1 FEBRUARY 2010 AT 7:50PM

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 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 - 14 December 2009

1  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the minutes of the Ordinary Meeting of 14 December 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 17 - Development Application No. 09/0609 Alterations and Additions to Existing Restaurant at Lot 16 DP 583184 (No. 2/91) Great Western Highway Emu Plains. Applicant: Rob McGuinness;  Owner: Jim Aitken, Marlene Aitken, James Aitken and David Reeves          DA09/0609

as he is a shareholder of the property.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 16 -  Development Application DA09/0901 for the operation of a Red Rooster restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Nicholas Kousparis and Christopher Kousparis DA09/0901 as two of the tenants in the area are clients of his. Councillor Ross Fowler OAM indicated that he would leave the room during discussion of the item.

 

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Less than Significant Conflict of Interest in Item 17 - Development Application No. 09/0609 Alterations and Additions to Existing Restaurant at Lot 16 DP 583184 (No. 2/91) Great Western Highway Emu Plains. Applicant: Rob McGuinness;  Owner: Jim Aitken, Marlene Aitken, James Aitken and David Reeves DA09/0609 as one of his staff is an owner of a property adjacent to the property in question.

Councillor Kath Presdee declared a Non-Pecuniary Less than Significant Conflict of Interest in Item 3 - Development Applications Determined during the Council's 2009-2010 Christmas/New Year Recess as one of the applicants is a medical practitioner who she was a patient of. 

 

Councillor Kath Presdee declared a Non-Pecuniary Less than Significant Conflict of Interest in Item 13 - Tender Reference 04-09/10 for the provision of Cleaning Services to Child Care Centres as she is a member of the Parent Advisory Committee at Werrianda Children’s Centre.

 

Councillor Ben Goldfinch declared a Pecuniary Interrest in Item 16 - Development Application DA09/0901 for the operation of a Red Rooster restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Nicholas Kousparis and Christopher Kousparis DA09/0901 as he exchanged preferences at the last Local Government elections with a tenant of the shopping centre which is in proximity of the development site. Councillor Ben Goldfinch indicated he would leave the room during discussion of the item.

 

His Worship the Mayor, Councillor Kevin Crameri OAM declared a Non-Pecuniary Less than Significant Conflict of Interest in Item 4 - Grants approved under the NSW Community Building Partnership Program as the report makes reference to Llandilo Hall and he is the Public Officer of this Hall. His Worship the Mayor, Councillor Kevin Crameri OAM reserved his right to take part in discussion of this item.

 

His Worship the Mayor, Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 15 - Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo. Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205 as he lives in the Llandilo area.

 

His Worship the Mayor, Councillor Kevin Crameri OAM declared a Non-Pecuniary Less than Significant Conflict of Interest in Item 16 - Development Application DA09/0901 for the operation of a Red Rooster restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Nicholas Kousparis and Christopher Kousparis DA09/0901 as he exchanged preferences at the last Local Government elections with a tenant of the shopping centre which is in proximity of the development site. His Worship the Mayor, Councillor Kevin Crameri OAM reserved his right to take part in discussion of the item.

 

SUSPENSION OF STANDING ORDERS

2  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:53pm.

 

Mr John Wakeling

 

Item 14 - Development Application DA09/0445 - Proposed Subdivision Lot 31 DP 772196 and Lot 1 DP 259360 (No. 102, 114 - 116) Factory Road, Regentville. Applicant: Mr J & Mrs H Wakeling;  Owner: Mr J & Mrs H Wakeling DA09/0445

 

Mr John Wakeling, the applicant spoke in support of the recommendation and stated that the boundary adjustment is vitally important for the continuation of their tourist operation and that the adjustment simply allows more space at the top of the slipway facility for everyday operation and especially in times of emergencies, such as flooding and bushfires.

 

Ms Barbara Roberts

 

Item 14 - Development Application DA09/0445 - Proposed Subdivision Lot 31 DP 772196 and Lot 1 DP 259360 (No. 102, 114 - 116) Factory Road, Regentville. Applicant: Mr J & Mrs H Wakeling;  Owner: Mr J & Mrs H Wakeling DA09/0445

 

Ms Barbara Roberts, a neighbour spoke against the recommendation claiming that over the past 37 years of living in the area there have been several issues with the operation and that any further changes by the applicant will change the environment in this rural area. Ms Roberts raised environmental concerns from fumes and increased traffic, and also the potential for the vulnerable foreshores to be damaged by increased operations. Ms Roberts also stated that the road system in the area is not sufficient enough to handle increased traffic from vehicles attending the site. Ms Roberts concluded by asking for the item to be deferred as she believed there was not an appropriate notification period to allow other residents to prepare a submission for tonight’s meeting.

 

Mr Stephen Joyce

 

Item 15 - Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo. Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205

 

Mr Stephen Joyce, the applicant spoke in support of the recommendation and highlighted that there is a strong need for this School as currently they are sending many students a long distance each day. Mr Joyce stated that they have undertaken consultation with neighbours and have worked with Council for a good outcome for all stakeholders including designing a development sympathetic to the surrounding area. Mr Joyce concluded by asking Councillors for their support. 

 

 

Ms Lisa Xuereb

 

Item 15 - Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo. Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205.

 

Ms Lisa Xuereb, affected neighbour, spoke on behalf of the Berkshire Park Community Action Group in opposition to the recommendation stating that the development does not suit the area. Ms Xuereb raised concerns that the School will not integrate into the local community as very few students from Llandilo will actually attend the School. Ms Xuereb also asked that if the school is permitted that the rural zoning should be broadened to allow residents to build two storey sheds on their properties also. Ms Xuereb concluded by asking for the decision to be deferred to allow other residents to obtain more information about the development and further consultation to take place.

 

RESUMPTION OF STANDING ORDERS

3  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 8:12pm.

 

Mayoral Minutes

 

1        2010 Australia Day celebrations

          Councillors Ross Fowler OAM, Jim Aitken OAM, Ben Goldfinch, Tanya Davies, Jackie Greenow, Kath Presdee and Karen McKeown congratulated the Council’s staff and Volunteers for a successful Australia Day.                                                                                                                       

4  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on 2010 Australia Day celebrations be received.

 

2        The passing of Peter Goodfellow

          Councillors Ross Fowler OAM, Jim Aitken OAM and Karen McKeown responded to the Mayoral Minute.

          His Worship the Mayor, Councillor Kevin Crameri OAM then asked that the Meeting observe one minute’s silence in memory of Peter Goodfellow.

5  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on The passing of Peter Goodfellow be received.

 

3        Three Bin Waste Service

          A number of Councillors took the opportunity to discuss the Three Bin Waste Service    and requested that a number of different options be investigated for discussion at      Council’s special workshop to be held on the 8th February 2010.

6  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Three Bin Waste Service be received.

 

 

Councillor Marko Malkoc left the meeting, the time being 9:19pm.

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Urban Development Institute of Australia National Congress 2010                               

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

That:

1.     The information contained in the report on Urban Development Institute of Australia National Congress 2010 be received.

2.     Councillors Tanya Davies, Ben Goldfinch, Mark Davies, and Jim Aitken OAM be Council’s delegates to attend the National Congress of the Urban Development Institute of Australia in Sydney from 8-10 March, 2010 and leave of absence be granted as appropriate.

 

2        Council Property - Dedication of Roadway and Lot Consolidation Charles Hackett Drive St Marys                                                                                                                                  

8  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Council Property - Dedication of Roadway and Lot Consolidation Charles Hackett Drive St Marys be received.

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

 

3        Development Applications Determined during the Council's 2009-2010 Christmas/New Year Recess                                                                                                                                 

9  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the information contained in the report on Development Applications Determined during the Council's 2009-2010 Christmas/New Year Recess be received.

 

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

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

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 amendment of the projects for the Regional and Local Community Infrastructure Program Round 2 2009-10 as follows: Berkshire Park Hall Precinct $184,470; University of the Third Age $36,530; New and Replacement Park Play Equipment Program $145,000; Great River Walk Decks $75,000; Children’s Services Playground Upgrades $140,000; Great River Walk Deck and Steps $140,000 – totalling $721,000.

 

7        Audit Committee                                                                                                                 

11  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the information contained in the report on Audit Committee be received.

 

9        Pecuniary Interest Returns                                                                                                

12  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the information contained in the report on Pecuniary Interest Returns be received.

 

11      Summary of Investments for the period 1 December to 31 December 2009                  

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

That:

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

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

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

4.     The Agency Collection Methods as at 31 December 2009 be noted.

 

4        Grants approved under the NSW Community Building Partnership Program                

14  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Grants approved under the NSW Community Building Partnership Program be received.

2.     The additional matching funding required for the Jamison Park Shared Pathways project  be sourced  from the District Open Space s94 plan $35,000, and $19,700 from the Road Resheeting/Resealing budget.

 

6        Electricity Update

His Worship the Mayor Councillor Kevin Crameri OAM indicated that he wished to speak during discussion of Item 6 – Electricity Update and vacated the Chair, the time being 9:26pm.

 

Deputy Mayor Councillor Ross Fowler OAM, took the Chair for discussion of the Item, the time being 9:26pm.

 

Councillor Marko Malkoc returned to the meeting the time being, 9:31pm.

 

15  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

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

2.             A submission be made to IPART expressing Council’s concerns that the tariffs that have been passed on are not fair or justified.

3.             A further report be brought back to Council outlining the potential uses of any savings realised from the new proposed electricity tender.

 

The Deputy Mayor, Councillor Ross Fowler OAM, vacated the Chair the time being 9:51pm.

 

His Worship the Mayor Councillor Kevin Crameri OAM, returned to the Chair the time being 9:51pm.

 

8        2010 Local Government Remuneration Tribunal Review                                                

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

That the information contained in the report on 2010 Local Government Remuneration Tribunal Review be received.

 

10      Australian Local Government Women's Association 2010 NSW State Annual Conference   

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

That:

1.     The information contained in the report on Australian Local Government Women's Association 2010 NSW State Annual Conference be received

2.     Councillors Karen McKeown, Prue Guillaume, Kath Presdee, Kaylene Allison and Jackie Greenow be Council’s delegates to attend ALGWA’s 57th Annual NSW State Conference, to be held in Moree from 4 to 6 March 2010, and leave of absence be granted as appropriate.

 

A City of Opportunities

 

12      Grant Application - Community Builders Funding Program 2009/10                               

18  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on Grant Application - Community Builders Funding Program 2009/10 be received.

2.     Council endorse the grant application for the Penrith Women Community Capacity Building Project for funding under the 2009/10 State Government Community Builders Program.

 

13      Tender Reference 04-09/10 for the provision of Cleaning Services to Child Care Centres    

19  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on Tender Reference 04-09/10 for the provision of Cleaning Services to Child Care Centres be received.

2.     A contract for the provision of child care cleaning services for a period of two (2) years with an option to extend the agreement for a further one (1) year period (with provision for rise & fall) subject to satisfactory performance be awarded to Four J's Enterprises Pty Trading as Total Cleaning Services for the annual cost of $309,265.45.

 

A Green City

 

14      Development Application DA09/0445 - Proposed Subdivision Lot 31 DP 772196 and Lot 1 DP 259360 (No. 102, 114 - 116) Factory Road, Regentville. Applicant: Mr J & Mrs H Wakeling;  Owner: Mr J & Mrs H Wakeling                                                                    DA09/0445

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

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

That:

1.      The information contained in the report on Development Application DA09/0445 - Proposed Subdivision Lot 31 DP 772196 and Lot 1 DP 259360 (No. 102, 114 - 116) Factory Road, Regentville be received

 

2.      The objection pursuant to State Environmental Planning Policy No. 1 in relation to Clause 11(2)(b) for subdivision within zone 1(b) under the provisions of LEP 201 Rural Lands be supported

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

 

Standard Conditions

2.1     A001 – Approved plans that are architecturally drawn

A015 – Site to be registered allotment

M008 – Linen plan

M009 – 88b instrument

M014 – Surveyor’s Certificate

Q008 – Subdivision Certificate

 

Special Conditions

 

2.2     This approval is granted for the subdivision of the land only.  Any further development application for Class 1, 2 and 3 buildings as identified by the Building Code of Australia must be subject to separate application under section 79BA of the Environmental Planning and Assessment Act, 1979 and address the requirements of ‘Planning for Bush Fire Protection 2006’

 

2.3     Lot 132 (the lease lot) shall only be used for the purposes of repair, servicing and support of commercial tourist river craft operation.  Lot 132 (the lease lot) cannot be used for residential purposes and a dwelling house cannot be erected on the lease lot

 

2.4     A current lease over the slipway located on the adjoining Council land (Lot 1 DP s566392) shall run concurrently with Lot 132 (the lease lot).  The linen plan of subdivision shall be supported by an 88B instrument creating a restriction as to user or easement in this regard.  Council shall be nominated as the only authority permitted to modify, vary or rescind this restriction as to user

 

2.5     A driveway, with a minimum 3.5m wide and sealed with a 2-coat hot bitumen seal, shall be provided along the access handle along the 5m Right-of-Carriageway and easement for services for the proposed lease lot 132

 

2.6     Prior to the Commencement of Works

 

Work on the subdivision shall not commence until:

 

(a)     A Construction Certificate (if required) has been issued, and

(b)     A Principal Certifying Authority has been appointed for the project, and

(c)     Any other matters prescribed in the development consent for the subdivision and the Environmental Planning and Assessment Act and Regulation have been complied with

 

A Notice of Commencement is to be submitted to Penrith City Council two (2) days prior to commencement of engineering works or clearing associated with the subdivision

 

2.7     Prior to the issue of a Subdivision Certificate, the following service authority clearances, stating that services are available to all development lots, shall be obtained and submitted to Penrith City Council:

 

·        Section 73 Compliance Certificate under the Sydney Water Act 1994 ; and

·        Notification of Arrangement from Integral Energy; and

·        Provisioning Certificate from the telecommunications service provider

 

2.8     Prior to the issue of the Subdivision Certificate the original subdivision plan and ten (10) copies shall be submitted to the Principal Certifying Authority

 

All necessary easements, restrictions and covenants shall be included on the subdivision plan and accompanying 88B Instrument

 

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

 

·        The location of all buildings and/or other permanent improvements

·        The location of all services

 

2.9       Prior to the issue of a Subdivision Certificate an 88B instrument shall be submitted to the Principal Certifying Authority with the subdivision plan.  The 88B instrument shall incorporate but not be limited to the following:

 

a)       Restriction as to user to the effect that no habitable building will be permitted on proposed lot 132

 

Details of non standard wording can be obtained from Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works

 

Council shall be nominated as the only authority permitted to modify, vary or rescind the above restrictions, covenants and easements

 

2.10     Prior to the issue of a Subdivision Certificate a Surveyors Certificate shall be submitted certifying that all services (including stormwater) are located wholly within the proposed lots or are within existing easements or proposed easements indicated on the subdivision plan

 

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

 

4.         The applicant be advised of the issue raised by one of the submitters in relation to boundary fence and it shall be open-style rural nature in accordance with section 4.9 Rural Development Penrith Development Control Plan 2006.

 

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

 

For

Against

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Robert Ardill

 

Councillor Ross Fowler OAM

 

Councillor Kaylene Allison

 

Councillor Jim Aitken OAM

 

Councillor Kevin Crameri OAM

 

Councillor Prue Guillaume

 

Councillor Jackie Greenow

 

Councillor Kath Presdee

 

 

15      Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo. Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd                                            DA08/1205

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

Having previously declared a Pecuniary Interest in Item 15, His Worship the Mayor, Councillor Kevin Crameri OAM, left the meeting the time being 9:56pm.

The Deputy Mayor Councillor Ross Fowler OAM, took the Chair for consideration of the Item, the time being 9:57pm.

21  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo be received.

2.     The item be deferred for consideration at the next Ordinary meeting.

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

For

Against

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Robert Ardill

 

Councillor Ross Fowler OAM

 

Councillor Kaylene Allison

 

Councillor Jim Aitken OAM

 

Councillor Prue Guillaume

 

Councillor Jackie Greenow

 

Councillor Kath Presdee

 

 

His Worship the Mayor, Councillor Kevin Crameri OAM, returned to the meeting and took the Chair the time being 9:59pm.

 

The Deputy Mayor Ross Fowler OAM, left the Chair and having previously declared a Pecuniary Interest left the meeting, the time being 10:00pm.

 

Having previously declared a Pecuniary Interest, Councillor Ben Goldfinch left the meeting, the time being 10:00pm.

 

16      Development Application DA09/0901 for the operation of a Red Rooster restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County. Applicant: Red Rooster Foods Pty Ltd;  Owner: Nicholas Kousparis and Christopher Kousparis                       DA09/0901

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

 

22  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Development Application DA09/0901 for the operation of a Red Rooster restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County be received

2.     The item be deferred for consideration at a future Ordinary meeting after further consultation is undertaken.

3.     An extended notification be given to residents that attend the swim centre at the Werrington Swim School.

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

For

Against

Councillor Mark Davies

 

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Robert Ardill

 

Councillor Kaylene Allison

 

Councillor Jim Aitken OAM

 

Councillor Kevin Crameri OAM

 

Councillor Prue Guillaume

 

Councillor Jackie Greenow

 

Councillor Kath Presdee

 

 

Councillor Ben Goldfinch returned to the meeting, the time being 10:03pm.

 

Having previously declared a Pecuniary Interest in Item 17, Councillor Jim Aitken OAM left the meeting, the time being 10:03pm.

 

17      Development Application No. 09/0609 Alterations and Additions to Existing Restaurant at Lot 16 DP 583184 (No. 2/91) Great Western Highway Emu Plains. Applicant: Rob McGuinness;  Owner: Jim Aitken, Marlene Aitken, James Aitken and David Reeves                                                                                                                           DA09/0609

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

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

          That:

 

1.      The information contained in the report on Development Application 05/1320 for alteration and additions to Shop No. 2 at Lot 16 DP 583184 (No. 91) Great Western Highway, Emu Plains be received.

 

2.      Development Application 05/1320 for alterations and additions to Shop No.2 at Lot 16 DP 583184 (No. 91) Great Western Highway, Emu Plains be approved by way of a Deferred Commencement Consent becoming operational subject to the Condition in Schedule A being satisfied and subject to the conditions in Schedule B as follows:

 

Schedule A

 

Special Condition

 

2.2        A Draft Voluntary Planning Agreement as requested in the submission from Innovation Planning received by Council 18 November 2009 is to be prepared and notified for 28 days in accordance with Section 93E of the Environmental Planning and Assessment Act, 1979, for the provision of 8 parking spaces within Council’s adjoining car park and detailing the cost implications for the developer. The agreement is to be entered into within six (6) months of the date of this consent.

 

 

 

Schedule B

 

Standard Conditions

 

2.1                 A02F        Approved DAs

A008        (first sentence only), Works to BCA requirements

A012        Food Shop

A026        (application for adverting signs), Advertising sign

A029        (Monday to Sunday 11am to 10 pm), Hours of Operation and          Delivery Times

A039        Graffiti

A046        Obtain Construction Certificate before commencement of works

D001        Implement approved sediment and erosion control measures

D009        Covering of waste storage areas

D014        Plant and equipment noise

E001        BCA Compliance

E002        BCA Issues to be addressed

· - The external columns that are less than 3 metres from the side boundary should have an Fire Resistance Level as specified in Table 5 of Specification C1.1,

· - Emergency lighting and illuminated exit signs are required in alfresco dining area in accordance with Clauses E4.2, E4.5 and E4.6;

· - Fire Fighting equipment is required in accordance with Part E1; and

· - A 1 metre wide clear path of travel is required from the rear exist door of the existing restaurant through the alfresco dining area in accordance with Clause D1.6.

E003        Structural Alterations

E006         (delete “and sanitary facilities”), Disabled access and facilities

H001        Stamped plans & erection of site notice

H002        All forms of construction

H011        Engineering plans and specifications

H022        (damp-proof course level), Survey

H025        Construction of garbage rooms

H041        Hours of work (other devt)

Q01F       Notice of Commencement and appointment of PCA2

Q006        (delete after NSW Fire Brigades). Occupation certificate for class 2-9

Special Conditions

2.2        Refer to Schedule A

 

2.3        The building shall not be occupied until all the conditions of consent DA04/0357 dated 6 September 2004 and all conditions of this consent are satisfied.

 

2.4        Details of lights, alarms and cameras to enable clear and direct movement through the building and monitor unauthorised access to non-public spaces are required to be submitted prior to the issue of the Occupation Certificate.

 

2.5        The applicant shall consult with Council to determine the type of lighting required to illuminate the public car parking area to the rear of the site. All lighting shall be installed at the applicants cost prior to the issue of an Occupation Certificate

 

2.6        Live entertainment is to be restricted to the internal areas of the restaurant

 

2.7        Audio systems are to be monitored externally to maintain noises levels at a maximum of 5 dBa above natural background levels.

 

2.8        The entrance gate must always remain open at all times that the building is occupied to allow unimpeded egress from the building in the event of fire.

 

2.9        The alfresco area is restricted to a maximum of 24 patrons.

 

2.10    Deleted

 

2.11    The rear gate is to be opened for customer access to the restaurant during operating hours. The entrance is to be sign posted, lit and manned appropriately throughout business.

 

3.   The Draft Voluntary Planning Agreement be subject of a further report to Council.

 

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

 

For

Against

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Robert Ardill

 

Councillor Kaylene Allison

 

Councillor Kevin Crameri OAM

 

Councillor Prue Guillaume

 

Councillor Jackie Greenow

 

Councillor Kath Presdee

 

 

Councillors Jim Aitken OAM and Ross Fowler OAM returned to the meeting, the time being  10:07pm.

 

18      Partnership application between Blacktown City Council and Penrith City Council for Managed Aquifer Recharge Project Funding

Councillor Greg Davies left the meeting, the time being 10:08pm.                                                     

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

That:

1.     The information contained in the report Partnership Application between Blacktown City Council and Penrith City Council for Managed Aquifer Recharge Project Funding be received.

2.     Council endorse the submission of the Manager Aquifer Recharge Feasibility funding to the National Water Commission (NWC) for $60,000 under the MAR in Urban Cities and Towns of Australia program, Stage 2.

3.     Council support the submission of the Blacktown City Council and Penrith City Council Managed Aquifer Recharge Project proposal to the Department of Environment, Water, Heritage and the Arts to secure the opportunity for 50% of the $3.8M Penrith component and a combined total project of $8.25M.

 

19      Memorandum of Understanding between the Collaborative Research Centre for Irrigations Futures and Penrith City Council                                                                                       

25  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown

That:

1)   The information contained in the report on Memorandum of Understanding between the Collaborative Research Centre for Irrigations Futures and Penrith City Council be received.

2)   Council endorse the Memorandum of Understanding between Cooperative Research Centre for Irrigation Futures (CRC IF) and Penrith City Council.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      My First School Childcare - Requesting Pedestrian Crossings                             

Councillor Tanya Davies requested Council officers investigate the possibility of installing pedestrian crossings in two locations outside My first School Childcare centre, on Pages Road and Putland Street, as there is a high volume of pedestrian traffic from toddlers, school children and the elderly in the area.

 

Councillor Greg Davies returned to the meeting, the time being 10:11pm.

 

QWN 2      Repair of Damaged Green Bin                                                                                

Councillor Tanya Davies requested Council to investigate why after 5 attempts a resident in St Clair has still not had her green lidded bin repaired, and requested a memo reply to all Councillors on the communication channels and register of complaints with the waste contractor.

 

QWN 3      Bus Stop - Roper Road and Carlisle Avenue, Colyton                                           

Councillor Tanya Davies requested Council officers investigate the possibility of a bus shelter and appropriate foot paving being constructed in this location as currently a bus stops in this location but it is poorly signed and there is no cement footpath, or safe place to cross to the residential side of the street

 

QWN 4      Western Sydney Academy of Sport - " A Night with the Stars"                            

Councillor Robert Ardill requested that an amount of $1,000 be allocated equally from all 3 wards voted works to pay for the cost of purchasing a table at the WSAS – “ A Night with the Stars” Fund Raiser.

26 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as an urgent matter.

 

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

 

27 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Jim Aitken that an amount of $1000 be allocated equally from all 3 wards voted works to pay for the cost of purchasing a table at the WSAS – “ A Night with the Stars” Fund Raiser.

 

QWN 5      Penrith Mazda                                                                                                           

Councillor Greg Davies requested a report to Council on why approval was granted for an “in only”  access to the property on Mulgoa Road, Penrith known as Penrith Mazda.

 

QWN 6      Penrith Panthers BMX Club - Hosting Regional BMX Event                               

Councillor Greg Davies requested that an amount of $5500 be allocated equally from all 3 wards voted works to assist Penrith Panthers BMX Club host a regional BMX event.

28 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the matter be brought forward and dealt with as an urgent matter.

 

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

 

29 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that an amount of $5500 be allocated equally from all 3 wards voted works to assist Penrith Panthers BMX Club host a regional BMX event.

 

QWN 7      Penrith Panthers BMX Club - Grant Assistance                                                    

Councillor Greg Davies requested Council officers urgently investigate possibilities to assist Penrith Panthers BMX Club with an application for funding to the NSW Sport and Recreation Facility Grant Program for canteen improvements and lighting of the BMX track. Also the possibility of contributory funding opportunities.

 

QWN 8      Glenmore Park Soccer Club - Canteen                                                                    

Councillor Prue Guillaume requested a report to Council investigating ways Council can assist Glenmore Park soccer club after their canteen burnt down, including the possibility of providing a mobile canteen unit.


 

Committee of the Whole

 

30  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:20pm.

 

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Ben Goldfinch seconded Councillor Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

A Leading City

 

2        Commercial Matter - Leasing of Parts of "Community" Land under Council's Plan of Management                                                                                                                       

 

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.

 

The meeting resumed at 10:28pm and the General Manager reported that the Committee of the Whole met at 10:20pm on 1 February 2010, 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        Commercial Matter - Leasing of Parts of "Community" Land under Council's Plan of Management                                                                                                                       

 RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

CW2 That:

1.     The information contained in the report on Commercial Matter - Leasing of Parts of "Community" Land under Council's Plan of Management be received.

2.     Council grant a five (5) year Licence Agreement to Depagi Pty Ltd, trading as Nepean Belle and Penrith Platypus on Open Space land being Part Lot 1, D.P. 566392 off Factory Road, Regentville in accordance with the Licence Fee outlined in the summary of the report for the purposes of a slipway and mooring area.

3.     The Property Development Manager be authorised to sign the Licence Agreement on behalf of Council.

 

ADOPTION OF Committee of the Whole

 

31  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the recommendation contained in the Committee of the Whole and shown as CW1 & CW2 be adopted.

 

 

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


UNCONFIRMED MINUTES

 OF THE EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 15 FEBRUARY 2010 AT 7:37PM

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 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.

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

His Worship the Mayor, Councillor Kevin Crameri OAM read a statement to open the meeting, which acknowledged the concerns the three bin waste system has raised for residents. The Mayor thanked the residents for their contributions to the community and to Council, and highlighted the importance of working with the community to move the system forward.

SUSPENSION OF STANDING ORDERS

32  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 7:45pm.

 

Mr John Kliese

 

Item 1- Domestic Waste Service - Three Bin System

 

Mr John Kliese, spoke to amend the recommendations and highlighted that while the education programs that took place were extensive, the intended message was lost in the process. Mr Kliese stated that the reduction in capacity of the residual red lid bin was not clearly communicated when the new garbage system was being introduced, and also spoke of concerns that the recycling bin capacity has not increased in over ten years, despite a greater emphasis on recycling by the community. Mr Kliese raised concerns that the green organics bin has a greater capacity than the other two bins put together yet it is not being fully utilised. Mr Kliese questioned whether residents in urban areas are subsidising residents in rural areas, due to the differing nature in garbage services provided. Mr Kliese asked three questions relating to the three bin garbage service, and these were addressed by the Council’s Group Manager – City Presentation.

 

33  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that an extension of time be granted to Mr John Kliese, the time being 7:51 pm.

 

 

Mr Kliese questioned the methods that were used to conduct audits and how they did not recognise the potential problems, however he thanked Council for their productive Workshop held on 8 February 2010. Mr Kliese was happy to support the recommendations with the following amendments:

 

 

Mr Kliese concluded by thanking all other residents and Facebook users for their support.

 

Mr Ian Macgregor

 

Item 1- Domestic Waste Service - Three Bin System

 

Mr Ian Macgregor, spoke against the recommendation and discussed a document on Council’s Website titled “Waste Services Information and Facts for Students and the Community”  which offered  a free second recycling bin for those who took up a small bin service, and questioned why this offer wasn’t available now. Mr Macgregor spoke of Lismore Council that offers their residents a 360L recycle bin and believes Council should consider the option of a second recycling bin as this is a service that is utilised highly. Mr Macgregor also asked why Council is not setting an example by providing recycle bins in other public areas in the local government area. Mr Macgregor concluded by questioning the methods used for justifying the implementation of the organics bin, and believes that a free weekly red lid bin should be provided for those residents with legitimate health needs. Mr Macgregor requested that a review is undertaken within 2-3 months to monitor the changes implemented.

 

RESUMPTION OF STANDING ORDERS

34  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 8:04pm.

  


 

DELIVERY PROGRAM REPORTS

 

A Green City

 

1        Domestic Waste Service - Three Bin System

          A number of Councillors took the opportunity to discuss the three bin waste system and offered several topics to be raised and considered by the newly created Waste Services Committee. Councillors acknowledged that so far the implementation of the service has not been as successful as it could have been, however they extended their gratitude to their Councillor colleagues in working together to find workable solutions with the community.

          Furthermore Councillors thanked the wider community for their input and cooperation in bringing their experiences and concerns to Council and engaging with Council over the past few weeks. Finally, Councillors expressed their thanks to the Council staff, in particular the Waste Services call centre staff, for the hard work and professional manner that they have conducted themselves during a difficult time.                                         

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

That:

1.     The information contained in the report on Domestic Waste Service - Three Bin System be received.

1.         Council acknowledges that the implementation of the three bin waste service has not been as successful to date as it could have been.

2.         An optional weekly 140L red lid residual waste bin to all households on the three bin service be provided at an additional cost, on request.

3.         Biodegradable bags in accordance with AS 4736 (for the kitchen organics bin) for the storage of food waste prior to placement in the organics bin be provided to all households using the three bin system as detailed in the report.

4.         An enhanced communication and education program be developed and implemented as detailed in this report.

5.         A Waste Services Committee including community members be formed for the purpose of confirming the communications strategy and overseeing the roll out of the enhanced three bin waste program.

 

6.         The identified funding for the implementation of biodegradable bags, subsidy for additional weekly collections and education and communication programs, as identified in the report, be funded from the Domestic Waste Reserve for the balance of the 2009/10 financial year and a further report be submitted to Council, via the Waste Services Committee, on options for funding these initiatives from 2010/11 onwards.

7.         Further reports be submitted to Council, via the Waste Services Committee on the following matters:

·        An optional additional yellow lid recycle bin (fortnightly collection) or other workable alternatives be provided at a reduced cost for residents on the three bin waste service

·        Reviewing the design of the bin lids

·        Enhancing the communication and education program to the community

·        Odour control and the use of suitable insecticide products

·        Investigating the option of providing additional collection services at Christmas time

·        To investigate options for the collection of medical waste

 

There being no further business the Chairperson declared the meeting closed the time being 8:37pm.

 


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 persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

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                                                       

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on  1 February 2010

 

 



Ordinary Meeting

22 February 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 February, 2010

 

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), The Mayor – Councillor Kevin Crameri OAM, Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy AM – Representative for the Member for Londonderry, Constable Bill Pearson – Penrith Police, Senior Constable Mark Elliott – St Marys Police, Senior Constable Steve Peach – St Marys Police, David Lance - Roads and Traffic Authority, Kerrie Donlan – Representative for the Member for Penrith, David Yee – A/Design & Technical Advice Manager, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Wayne Mitchell – Group Manager City Infrastructure, Peter Shahatit – Trainee Engineer.

 

IN ATTENDANCE

Ron Watson – Westbus, Darrell Boggs – Ranger

 

APOLOGIES

Councillor Jackie Greenow, Ruth Byrnes - Senior Traffic Officer, Sergeant Natasha Crawford – Penrith Police.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 December 2009

That the minutes of the Local Traffic Committee Meeting of 7 December 2009 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Welsh Place Carpark, Penrith - Proposed Modification to Parking Space Lengths       

RECOMMENDED

That:

1.     The information contained in the report on Welsh Place Carpark, Penrith - Proposed Modification to Parking Space Lengths be received.

2.     The existing 12 parking spaces on the on-ramp of the Welsh Place Carpark be reduced to ten spaces by providing two x 5.4m unobstructed end spaces and eight internal 6.3m spaces in accordance with Australian Standards.

3.     The resident be advised of Council’s resolution.

 

 

2        Reserve Street, Penrith - Proposed Provision of 'No Stopping' Restrictions                 

RECOMMENDED

That:

1.     The information contained in the report on Reserve Street, Penrith - Proposed Provision of 'No Stopping' Restrictions be received.

2.     ‘No Stopping’ restrictions be implemented in Reserve Street, Penrith, adjacent to the entrance driveway at Nepean Centro Shopping Centre, for a distance of 15m south-east and 5m north-west of the driveway.

3.     A ‘No Stopping’ zone be implemented on the southern side of Reserve Street, 10m from Woodriff Street.

4.     Nepean Centro Shopping Centre be advised of Council’s resolution.

 

 

 

3        Carpenter Street, St Marys - Proposed Relocation of 'No Parking - Australia Post Vehicles Excepted' Restriction                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Carpenter Street, St Marys - Proposed Relocation of 'No Parking - Australia Post Vehicles Excepted' Restriction be received.

2.     The existing ‘No Parking’ restriction on Carpenter Street, St Marys be relocated to Day Street, 10m from the intersection of Carpenter Street for a distance of 6m.

3.     The existing ‘No Parking’ zone on Carpenter Street be replaced with timed 30-minute parking to match the existing signage.

4.     Australia Post, affected shop owners and shopkeepers be advised of Council’s resolution.

 

 


 

4        Forbes Street, Emu Plains - Request for 'No Stopping' Zone                                          

RECOMMENDED

That:

1.     The information contained in the report on Forbes Street, Emu Plains - Request for 'No Stopping' Zone be received.

2.     The double-barrier lines to the west of the marked footcrossing, adjacent to Emu Plains Public School on Forbes Street, be reduced to 20.0m, with the existing adjoining 30.0m of double-barrier lines to be changed to L1 lane‑marking lines.

3.     The double-barrier lines to the west of the marked footcrossing, fronting Our Lady of the Way Primary School on Forbes Street, be reduced to 20.0m, with the existing adjoining 29.5m of double-barrier lines to be changed to L1 lane‑marking lines.

4.     Consultation be conducted with affected residents regarding the extension of existing 'No Stopping' zones and the installation of timed ‘No Stopping’ zones on the southern side of Forbes Street adjacent to Emu Plains Public School and fronting Our Lady of the Way Primary School.

5.     Subject to no substantial objections from affected residents, the existing 'No Stopping' zone, along the southern side of Forbes Street at the western departure of the crossing adjacent to Emu Plains Public School, be extended a further 11.0m west of the crossing.

6.     Subject to no substantial objections from affected residents, approximately 30.0m of timed ‘No Stopping’ zone (8:00am to 9:30am and 2:30pm to 4:00pm Monday to Friday) be installed adjacent to the full-time 'No Stopping' zone on the western departure of the marked footcrossing on Forbes Street fronting Emu Plains Public School.

7.     Subject to no substantial objections from affected residents, approximately 30.0m of ‘No Stopping’ signage be installed in extension to the existing 21.0m of ‘No Stopping’ signage on the eastern approach to the marked footcrossing on Forbes Street fronting Our Lady of the Way Primary School.

8.     Subject to no substantial objections from affected residents, approximately 29.5m of timed ‘No Stopping’ zone (8:00am to 9:30am and 2:30pm to 4:00pm Monday to Friday) be installed adjacent to the existing 24.5m of ‘No Stopping’ zone on the western departure of the marked footcrossing on Forbes Street fronting Our Lady of the Way Primary School.

9.     Emu Plains Public School’s Principal and P&C Association be advised of Council’s resolution.

10.   Our Lady of the Way Primary School's Principal be advised of Council's resolution.

11.   The resident be advised of Council’s resolution.

 

 

 

5        Soper Place Carpark - Request for Provision of Motorcycle Parking Zone                   

RECOMMENDED

That:

1.     The information contained in the report on Soper Place Carpark - Request for Provision of Motorcycle Parking Zone be received.

2.     A motorcycle parking area be designated at Soper Place Carpark, in the corner area located near the entrance of the carpark on Lawson Street, with a total of five spaces to be linemarked.

3.     Two ‘Motorcycles Only’ parking signs be provided at each end of the designated motorcycle parking area.

4.     The resident be advised of Council’s resolution

 

 

 

6        Nepean Hospital - Review of Restricted Parking Area Scheme                                     

RECOMMENDED

That:

1.     The information contained in the report on Nepean Hospital - Review of Restricted Parking Area Scheme be received.

2.     A Restricted Parking Area Scheme be implemented on:

a.   Barber Avenue between The Northern Road and Colless Street to house no.38 on both sides.

b.   Lethbridge Street between The Northern Road and Colless Street to house no. 28 on both sides.

3.     The current Restricted Parking Area Scheme within Derby Street be extended:

a.   To the eastern direction of Parker Street to property number 108 on both sides.

b.   To the western direction to Hargrave Street on both sides.

4.     The current Restricted Parking Area Scheme within Orth Street be extended on the southern side only, to property boundary between number 2 and the reserve.

5.     Any substantial objections that are received at the end of the consultation period be referred back to Local Traffic Committee.

6.     Extensions to the Restricted Parking Area Scheme in Hope Street, Stafford Street and Rodgers Street not be supported at this time.

7.     All affected residents be advised of Council’s resolution.

 

 

 

7        Bennett Road, Colyton- Proposed Bus Stops                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Bennett Road, Colyton- Proposed Bus Stops be received.

2.       New bus stops be approved on Bennett Road, Colyton, for the following locations:

(i)      House no. 10

(ii)      Opposite house no. 10

(iii)     The common boundary of 99a and 47-49 Carpenter Street

(iv)     Corner shop on Carpenter Street, 20m from the intersection on Bennett Road.  Should vehicles continue to park in this location once the bus stop is provided, a full-time bus zone shall be installed.

3.     Westbus be advised of Council’s resolution.

 

 

 

8        Feather Street & Naoli Place, St Clair - Installation of BB Linemarking                       

RECOMMENDED

That:

1.     The information contained in the report on Feather Street & Naoli Place, St Clair - Installation of BB Linemarking be received.

2.     The provision of double-barrier linemarking not be supported.

3.     Residents near the intersection be provided with “Report It Don’t Ignore It” kits, together with information on how to report “hoon” behaviour.

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

 

 

 

9        Cox Avenue, Kingswood - Proposed Changes to Parking Restrictions                          

RECOMMENDED

That:

1.     The information contained in the report on Cox Avenue, Kingswood - Proposed Changes to Parking Restrictions be received.

2.     The existing 54m of ‘No Parking - Emergency Service Vehicles Excepted’ restrictions be removed from outside number 99 Cox Avenue, Kingswood with the space reverted to unrestricted parking.

3.     The Rural Fire Service be advised of Council’s resolution.

 

 

 

10      Evan Street, Penrith - Request for Provision of 'Bus Stop'                                             

RECOMMENDED

That:

1.     The information contained in the report on Evan Street, Penrith - Request for Provision of 'Bus Stop' be received.

2.     Provision of a ‘Bus Stop’ be approved on Evan Street, Penrith outside house number 138 near the intersection of Smith Street.

3.     Westbus be advised of Council’s resolution.

4.     Councillor Guillaume be advised of Council’s resolution.

 

 

 

11      High Pedestrian Activity Area Scheme - Endorsement of Design Plans                         

RECOMMENDED

That:

1.     The information contained in the report on High Pedestrian Activity Area Scheme - Endorsement of Design Plans be received.

2.     Community consultation be conducted with all shop owners, shopkeepers and stakeholders affected by the proposals, and any substantial objections be referred back to the Local Traffic Committee.

3.     Subject to no substantial objections, design plan ref, 0652..01.C01 Issue A Henry Street, 0652..02.C01 Issue B High Street, 0652..03.C01 Issue B Henry Street, 0652..04.C01 Issue A Station Street, 0652..06.C01 Issue A Henry Street, 0652..08.C01 Issue B High Street, 0652..10.C01 Issue B High Street, 0652..11.C01 Issue A Henry Street, 0652..13.C01 Issue A Henry Street by RJR Developments, be finalised and endorsed for construction.

4.     A Stage 3 Road Safety Audit be conducted on all plans prior to construction and any recommendations as part of the audit be addressed or implemented as required.

 

 

12      Glenmore Parkway, Glenmore Park - Accidents at Bend 100m from The Northern Road      

RECOMMENDED

That:

1.     The information contained in the report on Glenmore Parkway, Glenmore Park - Accidents at Bend 100m from The Northern Road be received.

2.     Option 1 – Provide Road Narrowing Blister Islands & Transverse Lines be entered into Council’s Traffic Facilities Prioritisation Process and when it receives priority when ranked against other projects in the system, it be referred to Council’s City Works Department for design and construction.

3.     The Police be requested to carry out enforcement on Glenmore Parkway, Glenmore Park at the bend 100m from The Northern Road.

 

 

GENERAL BUSINESS

 

GB 1          Desborough Road, St Marys –  Works Related to Pedestrian Crossing Review  (Raised Council)   

The Local Traffic Committee Meeting, at its meeting on 3 August 2009, considered a report on 'Desborough Road, St Marys – Pedestrian Crossing Review'.  Council, at its Ordinary Meeting on 24 August 2009, resolved on the recommendation of the Committee that:

 

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

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

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

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

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

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

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

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

 

Council's Design Section have completed design plans for the works as per Council's recommendations.  The report recommends that the design be finalised and endorsed for construction.

 

RECOMMENDED

That:

 

1.   Design Plan AD122, for improvements to pedestrian facilities on Desborough Road, St Marys be finalised and endorsed for construction.

 

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

 

 

GB 2          Homestead Road & Kingswood Road, Orchard Hills – Median Island Stop Treatment  (Raised Council)                                                                                                                          

The Local Traffic Committee Meeting, at its meeting on 3 August 2009, considered a report on safety issues in the Orchard Hills rural area.  Council, at its Ordinary Meeting on 24 August 2009, resolved on the recommendation of the Committee (in part) that:

 

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

 

Council’s Design Section have completed design plans for the works as per Council's recommendations.  The report recommends that the design be finalised and endorsed for construction.

 

RECOMMENDED

That:

 

1.   Design Plan AK 52, for the provision of a Median Island Stop Treatment be finalised and endorsed for construction.

 

2.   Costs associated with the construction of the facility be funded from the 2009-2010 Urgent Local Traffic Committee facilities budget.

 

 

 

GB 3          Glenmore Parkway, Glenmore Park – Speeding Vehicles & Anti-Social Behaviour  (Raised Penrith Police)                                                                                                               

The Penrith Police representative raised concerns on behalf of a resident regarding speeding vehicles and anti-social behaviour on Glenmore Parkway, Glenmore Park, between Muru Drive and Surveyors Creek Road.

 

Residents in Bundeluk Crescent, which runs parallel to Glenmore Parkway, report that they have had vehicles run off Glenmore Parkway and smash into their properties.

 

RECOMMENDED

That the matter be investigated.

 

 

GB 4          The Northern Road, South Penrith – Illegal U-Turns  (Raised Penrith Police)    

The Penrith Police representative raised concerns regarding vehicles making illegal U-turns on The Northern Road, South Penrith.  Police have advised that vehicles exit Tukara Road onto The Northern Road, then make a U-turn (at the ‘No U-Turn’ sign) to head in the opposite direction down The Northern Road.

The Police requested that the Roads and Traffic Authority consider extending the existing linemarking and install a concrete barrier to stop motorists from carrying out the illegal U-turns.

RECOMMENDED

That the Roads and Traffic Authority be requested to investigate the matter and respond to Council and Penrith Police.

 

GB 5          Greygums Road, Cranebrook – Request for Traffic Survey  (Raised Mayor Crameri)  

The Mayor, Councillor Crameri OAM raised concerns regarding vehicles speeding in Greygums Road, Cranebrook, near Antonia Crescent, and requested that speed checks be carried out at this location.

RECOMMENDED

That the matter be investigated.

 

GB 6          Galvin Road/Barnes Road, Llandilo – Request for Provision of Speed Limit Signs & Pavement Markings (Raised Mayor Crameri OAM)                                                                 

The Mayor, Councillor Crameri OAM advised that the speed limit signs on Galvin Road/ Barnes Road, Llandilo have been removed and requested that they be replaced.  In addition, the Mayor requested that speed limit pavement markings be provided on this road.  Council’s Road Network Services Engineer advised that the matter has been referred to the Roads and Traffic Authority’s Speed Management Section for consideration.

RECOMMENDED

That the Committee note the information.

 

There being no further business the Chairperson declared the meeting closed, the time being 10:50am.

 

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 February, 2010 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        2009-10 Operational Plan - December Quarter Review

 

2        Abandonment of Sundry Debts

 

3        NSW Local Infrastructure Fund

 

4        Support for Earth Hour 2010

 

5        Summary of Investments for the period 1 January to 31 January 2010

 

A City of Opportunities

 

6        Youth Week 2010 - Proposed Activities and Funding

 

A Green City

 

URGENT

 

11      Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo  . Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205

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

 

A Liveable City

 

7        Draft Local Development Contributions Guidelines

 

8        Tender Reference 30-09/10A Supply & Installation of Heating & Ventilation Plant at Ripples Aquatic Centre

 

9        NSW Communities - Sport and Recreation Facility Grant

 

A Vibrant City

 

10      Annual Reporting on Energy and Water Consumption at Council Facilities for 2008-09

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                       Page

 

1        2009-10 Operational Plan - December Quarter Review

 

2        Abandonment of Sundry Debts

 

3        NSW Local Infrastructure Fund

 

4        Support for Earth Hour 2010

 

5        Summary of Investments for the period 1 January to 31 January 2010

 

 



Ordinary Meeting

22 February 2010

A Leading City

 

 

 

1

2009-10 Operational Plan - December Quarter Review   

 

Compiled by:                Geraldine Brown, Budget Accountant

Andrew Moore, Financial Services Manager

Ken Lim, Management Planning Co-ordinator

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

Alan Stoneham, General 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

The December Quarter review covers the first 6 months of progress against the 2009-10 Operational Plan. It also forms part of the first year’s instalment of Council’s (4 Year) Delivery Program and Strategic Plan 2031 adopted in June 2009. 

 

Councillors have received as part of the Ordinary Meeting business paper, a separately attached “Services Performance and Financial Review Summary” report. 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 45 services for the six month period to 31 December 2009, has resulted in a 50.15% achievement of the yearly program as recorded in the adopted 2009-10 Operational Plan which is consistent with the half yearly target. Council’s Performance Planning System indicates that of Council’s 572 Tasks, Key Performance Indicators (KPIs) and Capital and Operating Projects that 560 are either on target or have been completed.  Details of the remaining 12 items and the challenges they are facing have been included in this report and in the separately attached “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 required a number of difficult decisions to be made in order 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 to date no capacity has been identified to reinstate any of these items.

 

The cumulative budget result for the year as at December is a deficit of $289,020.  This result is made up of a number of both positive and negative variations to the original budget, with the most notable being the establishment of an operational budget for Glenmore Park Child and Family Precinct ($94,400) which has been offset by additional Development Related Income ($71,500). The review also identifies Salary Savings for the December quarter ($141,730) that are proposed to be transferred to the Employee Leave Entitlements (ELE) Reserve.

 

This report recommends that the revised budget estimates identified in the report be adopted.

Background

In accordance with the Local Government Act 1993, the Operational Plan progress report for the period ending 31 December 2009 is presented tonight for Council’s consideration. This is the second quarterly review of Council’s 2009-2010 Operational Plan which in turn contributed to the delivery of Council’s (4 Year) Delivery Program and Strategic Plan 2031, both of which were adopted in June last year.

 

This 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 was 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 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 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 Tasks with defined target dates) represents 100% completion.

 

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

 

·        Completed Tasks and Projects

In the 2009-10 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 December Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report.

 

·        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 December Quarter is provided later in this report and also in the Services Performance and Financial Review Summary Report.

 

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 March 2010.  The format of these reports is still to be finalised.

 

 

2.       Financial Position

The financial position of Council for the quarter is 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 December Quarter

Council’s Performance Planning System indicates that the combined effort of all services for the six month period ending on 31 December 2009, has resulted in a 50% achievement of the yearly program as recorded in the adopted 2009-10 Operational Plan.

 

This result is encouraging demonstrating that Services are being delivered to plan at this stage of the year. The contributing factors to this result are summarised in the table below.

 


Table 2 : Services Performance Summary for December Quarter 2009

 

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

(Attention Required)

RED

(At Risk)

Totals

SERVICES OVERALL (excluding Controlled Entities)

 

45

(100%)

-

-

45

 

·     Tasks

3

(2%)

156

(96%)

2

(1%)

1

(<1%)

162

·     Key Performance Indicators (KPIs)

 

190

(97%)

3

(2%)

2

(1%)

195

·     Capital Projects

39

(32%)

78

(66%)

2

(2%)

-

119

·     Operating Projects

12

(13%)

82

(85%)

1

(1%)

1

(1%)

96

Totals

54

506

8

4

572

 

Analysis of Results

Table 2 shows that all 45 Council services performed well and were “On Target” as at 31 December 2009. This result is due to:

·        98% of Tasks Completed or On Target

·        97% of KPIs were On Target

·        98% of Capital Projects were Completed or On Target, and

·        88% of Operating Projects were Completed or On Target.

 

It is encouraging to report that for the second quarter in the Operational Plan year that the vast majority of key reporting elements show that progress is “on track” especially given that the large number of projects phased for completion in the remaining six months of the financial year. It is also encouraging to see so many completed tasks and projects in this half of the year.

 

Completed Task and Projects

A positive result coming from Table 2 is the identification of 54 tasks and capital and operating projects that were completed in the 6 months to 31 December 2009 of which 25 were completed within the 2nd quarter. Some of the key projects and tasks completed in the December quarter are listed below:


 

Key Task or Project Completed

Commentary

Tree Replacement - Nicholii 5 Year Program

This program forms part of the Tree Management Strategy adopted by Council in 2008-09 which was designed to strengthen the management of trees in the City’s streets and parks that posed a physical risk to the public or which were no longer fit for purpose. This strategy identified over 940 trees which were to be removed over the next 5 years. A total of 245 nicholii trees were removed in the first and second quarters from across the Penrith LGA. In all cases, tree stumps were ground and the mulch delivered to Council’s nursery. This result completes the program for this financial year.

Rural Roads Resealing Program

The annual Rural Roads Resealing program was completed in December with works carried out in East Wilchard Road, Cranebrook (Church Street to end of road), and Nutt Road, Londonderry.(Spence Road to Torkington Road).

Active Penrith Event

Active Penrith has made a positive impact, developing opportunities and improving links for the community to access sporting clubs and organisations. It increased the usage and awareness of Council’s recreation facilities. In addition it has made Council more visible to the community in its quest to promote healthy living and active lifestyles and sporting opportunities.

Over 5,000 people attended 20 different sports/activities and events during October that were provided free, and 58 participants gained training and qualifications. Some of the major events included Penrith Swimming Centre Open Day, Activate, St Clair Leisure Centre Open Day, Cranebrook Skate Park official opening and these were complemented by come and try sessions for disability sports, BMX, softball, rugby union and tennis among a number of sports. There was also a healthy eating campaign during the month and sports seminars. In addition to sports clubs and associations other key partners included the PCYC, Penrith Panthers, and the Cancer Council, the Active After Schools program and the NSW Department of Sport and Recreation.

Activate Australia Promotion

Activate was held on Sunday 25 October at the International Regatta Centre. Organised in partnership with the International Regatta Centre, a wide range of recreational and sporting activities were scheduled for the day also as part of the Active Penrith Month. This year the event also held a free 5km Fun Run. The day attracted over a thousand people despite the inclement weather.

Mayoral Charity Ball

The Ball held in November was a major success with over 270 guests attending a Rock ‘n’ Roll themed night in keeping with Penrith City’s 50th anniversary celebrations that saw $25,000 raised for the two recipient charities, The Thorndale Foundation and Little by Little Inc. - the philanthropic arm of Kurambee Special School.

Customer Satisfaction Survey

The 2009 biennial city-wide customer survey was completed in August with the results reported to Council on 19 October and posted on Council's website and the Intranet. The survey is the 4th Council survey of 600+ residents across the City where results about importance and satisfaction with Council's external services were received. The results show that :-

n 87% of residents are satisfied  with the overall performance of Council

n 75% of residents said that the services and facilities provided by Council represented value for the rates they pay.

n 82% of residents who had contact with staff over the last 12 months, rated overall satisfaction with staff as 'high' and 10% of residents rated satisfaction with staff as 'medium'. Only 8% of residents rated overall satisfaction with staff as 'low'.

Penrith Valley Cultural Precinct (PVCP) Refurbishments

$1.8 million worth of major refurbishment works at the PVCP were completed this quarter. Capital works included the full refurbishment of the St Marys Memorial Hall, landscaping and the construction of the Community Square and additional car parking.

St Marys Memorial Hall works included a new stage area, repainting, state of the art lighting, the renovation of the backstage dressing rooms, new AV equipment installed, a new substation built and connected to building and full renovatation of the toilets. Extensive bookings have already been taken to use the hall once operational.

Other external work completed included the construction of a Community Square (for performance, exhibitions, markets etc), landscaping (including seating and lighting), a new external disabled toilet for the precinct and a new car park, east of the Community Centre and car parking in Swanton and Collins Streets, St Marys.

The official opening is planned for May 2010. Liaison with the community is continuing through the Community Reference Group.

Penrith Swim Centre Quarterdeck Disability Access

The project to upgrade the Quarterdeck to provide access for people with disabilities was completed within budget and the timeframes set in the Federal Government's funding agreement. The official opening of the accessible facilities took place on 10 October. Permission was sought, and has been granted by the Federal Government to install a shade structure at the Quarterdeck with the remaining grant allocation. This work has been completed.

National Black Spot Program

$1.7 million of works were completed including pedestrian crossings, roundabouts, fencing, guardrails, signage and lighting improvements in 5 locations across the City. All projects were completed within timeframes set by the RTA. The details are provided below:

n Bringelly Road, Kingswood – Orth Street installation of a raised pedestrian crossing and upgrade street lighting and install fencing, to direct pedestrians to a safe crossing point.

n St Marys Road, Berkshire Park - the provision of lighting and guardrail installation to treat roadside hazards such as trees, poles and drainage infrastructure. The works included the upgrade to road shoulders and hazardous drainage headwalls / culverts.

n Luddenham Road, Luddenham - the provision of lighting and guardrail installation to treat roadside hazards such as trees, poles and drainage infrastructure.

n Evan Street, Penrith – Stafford Street installation of a single lane roundabout and extended length of raised median with additional signage on the most hazardous approach to the intersection.

n Castlereagh Street, Penrith  – Lethbridge Street installation of a single lane roundabout and extended length of raised median with additional signage on the most hazardous approach to the intersection.

Cook Park Soccer Fields Spectator Seating

This project now completed provides 363 undercover seats at Cook Park Soccer Fields. 153 seats have been installed in the Grandstand and three seating units have been installed at various spectator vantage points around the ground.  The annual subsidy allocated to Cook Park for facility upgrade and grounds maintenance has been used as a contribution to the project in addition to the $100,000 grant sourced from the Commonwealth Department of Health and Ageing ~ Sport and Recreation Facilities Program.

Ridge Park Hall Refurbishments

This project was funded under the Regional and Local Community Infrastructure Program (Federal Government) and included refurbishments to the hall and backyard area. The internal work included refurbishment of the toilets, installation of a commercial oven and installation of air conditioning. The external work included laying turf in the backyard fenced area, minor landscaping, and installation of a shade structure. Works completed to the value of $106,000.

Out Of School Hours (OOSH) Centres Bus Fleet Replacement

Each of Children's Services out of school hours centres, a total of 9, has a bus for the transportation of children to and from school. Each centre contributes funds to a pool for bus fleet replacement which occurs on an annual cyclical basis based on the age of the vehicle with two new buses generally purchased each year. Grays Lane (Cranebrook) and Kindana (St Clair) Children's Centres received new vehicles during the December quarter.

 


Exception Reporting

A total of 12 Tasks, KPIs and Projects in 10 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

Bushland Management

AMBER

(Attention Required

KPI:

Number of active Bush care /Land groups

7

8

Recruitment, retention and coordination of volunteers is an ongoing challenge. The anticipated group for this quarter did not eventuate. Recruitment strategies for improving this situation are being worked on. There are currently between 60-80 active volunteers.

City Parks

RED

(Not achieved)

KPI:

All tree preservation order (TPO) inspections carried out within 10 working days

52%

100%

The volume of TPO applications has doubled since 2008-09 with up to 7 applications received each day with only limited resources to clear this backlog. Priority is given to urgent requests. Currently the average response time is 15 working days. A review of work practices is being carried out to provide additional support to this area.

City Planning

RED

(Not achieved)

Task:

Progress the Penrith Planning Strategy

20%

50%

The draft Penrith Planning Strategy currently includes Council's adopted strategies relating to the Penrith City Centre and St Marys Town Centre, Rural Lands Strategy, Employment Planning Strategy, Biodiversity Strategy and PITLUS. The draft Penrith Planning Strategy was publicly exhibited together with the Stage 1 LEP planning documents. No submissions were received in relation to the draft Penrith Planning Strategy. The draft Strategy will be updated to include the Urban Study and Strategy when that is endorsed by Council. It is unlikely that this Strategy will be updated in the current year.

Civil Construction and Maintenance

AMBER

(Attention Required)

Capital Project: Dedication - Drainage Works.  -

15%

50%

326 metres of new drainage pipes and 18 new drainage pits have been dedicated to Council on the first half 2009-10 in Claremont Meadows.

Design and Project Management

AMBER

(Attention Required)

Capital Project:

Penrith Station Commuter Carpark

10%

50%

Tenders will be called following the finalisation of the DoD/Landcom land sale. The Federal Government has reviewed the scope of the project and made some alterations. The design plans and tender documentation are being revised to reflect these changes. Tenders are expected to be called in the 3rd Quarter.

Fleet and Plant Management

AMBER

(Attention Required)

Task:

Develop a database and maintain records on E10 usage and replace vehicle with E10 capacity

20%

50%

The new Fleet Management program is awaiting full implementation of the Building Asset Management part of the program to be completed before the Fleet component can be progressed. Research indicates that E10 may not be the preferred fuel alternative. Investigations continue to ensure the best financial and environmental outcomes for Council.

RED

(Not achieved)

KPI: More than 85% of plant utilisation based on the operational hours per vehicle

29.6%

>85%

The current KPI is being reviewed as it does not accurately reflect seasonal variations. Plant utilisation was expected to decline due to staff on leave during the Christmas holidays and also the impact of the drought on the parks and reserves during this period. Plant utilisation is expected to increase in the 3rd Quarter. The new Fleet Management program currently being implemented will allow for a better analysis of plant utilisation.

Neighbourhood Facilities Management

AMBER

(Attention Required)

KPI:

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

72.6%

>85%

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.

The results of these two KPIs were previously reported in the September Quarter Review as the data was sourced from the city-wide Customer Survey conducted in July 2009. As this survey is only conducted every 2 years there will be no changes to the result nor the AMBER ratings, therefore these KPI exceptions will not be required to be reported again in the next 2 quarters.

Recreation & Leisure Facilities Management

AMBER

(Attention Required)

Operating Project:

Penrith Valley Regional Sports Centre (PVRSC)

25%

50%

PVRSC are managing the project to refurbish the facility and have received tenders for the proposed work. The tenders have been reviewed by Council's quantity surveyor and have asked PVRSC's architects to clarify a number of matters. A funding agreement, between Council and PVRSC, in relation to the expenditure of the $850,000 has been drafted. To complete the funding agreement PVRSC are required to provide a finalised scope of work and project program

Risk Management

AMBER

(Attention Required)

Task:

Continue to improve safety risk and injury management by implementing self Insurance practices

40%

50%

Transition of existing Safe Work Method Statements to the prescribed format required for self insurance is progressing and will be completed  by June 2010.

Traffic Management, Parking and Road Safety

RED

(Not achieved

Operating Project:

Penrith CBD Traffic Study

5%

50%

PROPOSED REVOTE

Delays in this project have occurred however briefs are currently being prepared to issue to consultants. The consultant will be engaged to undertake the Transport Management Study for Penrith City Centre and St Marys Town Centre once the parking locations are determined.

A revote of 75% of the budget is proposed in the December Review as the study is now anticipated to commence later in the financial year and will continue in 2010-11 year with completion expected in late 2010.

 

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

 

 

 

 

September Quarter Variations 

(262.5)

 

December Review Variations

(26.5)

 

Revised Surplus/(Deficit)

(289.0)

 

 

 

 

 

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

                                                                                                                           $000’s

Net Salary Savings

141.7

F

Development Application Income

71.5

F

Valuation Fee

23.9

F

Emergency Services Management

21.8

F

Transfer to ELE Reserve

(141.7)

U

Glenmore Park Child and Family Precinct- Operational Budget

(94.4)

U

 

 

 

 

The predicted cumulative result for the year as at December is a deficit of $289,020 after the recommended variations for the quarter. These adjustments together with proposed minor variations, revotes, and reserve movements are detailed in Attachment 1 (2009-10 Operational Plan – Services Performance and Financial Review Summary).  Commentary is provided below on the more significant issues in the review.

Net Salary Savings - $141,730 and transfer to ELE Reserve

During the second quarter of 2009-10 salary savings have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled.  It is being recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects.  It is proposed that the balance of these salary savings, totalling $141,730, be transferred to the Employee Leave Entitlements (ELE) Reserve.

 

At 30 June 2009, the Reserve held the equivalent of 15.7% of entitlements. 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 had identified salary savings resulting in savings of $227,292 which were transferred to the ELE Reserve to accelerate this strategy. The further salary savings identified in the December review of $141,730 are proposed for transfer to the ELE Reserve bringing the total transfer to $569,022 for 2009-10.  Following these transfers the ELE Reserve is estimated to hold approximately 18.12% of projected leave entitlements at 30 June 2010.

 

Development Application Income – $71,500 increase (7%)

Development activity in the release areas has begun to show signs of renewed interest which has increased the volume of subdivision applications, a trend that could continue, together with greater confidence in residential development.

 

Valuation Fee - $23,946 decrease (9.1%)

The estimate for the annual valuation fee payable by Council was increased by $33,409 in the September Review from an original budget of $230,000.  It is now proposed to reduce this fee by $23,946 to $239,463 in line with actual costs. This revised estimate represents a net increase from the original budget of $9,463 (4%).

 

Emergency Services Management

The 2009-10 allocation advice from the RFS has now been received and included budget variations in the following areas:

Reimbursement from NSW Rural Fire Service - $66,532 increase in income

The 2009-10 allocation includes an increase in the reimbursement to Council from the NSW RFS.  This increase in income is partly offset by the contribution levels now being made to Emergency Services.

Contribution to Emergency Services- $44,697 increase in expenditure

Emergency Management NSW collects contributions on behalf of NSW Fire Brigades, the NSW Rural Fire Service, and the State Emergency Service under the provisions of the Fire Brigades Act 1989, the Rural Fires Act 1997, and the State Emergency Services Act 1989.  Councils are required to pay 11.7% of the Estimated Expenditure Applicable in the Local Government Area. Penrith Council's contribution for 2009-10 is $1.4m representing an increase of $44,967 on original budget estimates.

 

Glenmore Park Child and Family Precinct Operational Budget - $94,400 increase (no original budget)

At Council’s Ordinary Meeting of 9th November 2009 a report was presented on the operational matters for the Glenmore Park Child and Family Precinct. This report reiterated that budget modelling for the Child and Family Centre, which allowed for a Coordinator, skeleton staff to establish the facility, enrolment projections and hire of the professional service rooms indicated that the centre will not be able to operate on a cost recovery basis for at least the first 12-24 months. This is not uncommon when establishing a new centre and these discussions had been included in the planning process.

 

It was also highlighted that during the establishment phase (of at least 24 months) of operation, Council will maintain operational responsibility for the services to build community interest and commitment to the facility and ensure the full potential of the centre can be realised. As this is a unique model, in that it offers both child and family programs, consideration will need to be given to the ongoing management of the facility with a possible transition to the Children’s Services Cooperative at the end of the two year establishment phase.

 

The finalisation of this budget, following the completion of the construction project and commencement of operations, has resulted in a shortfall of $94,400.

 

 

Other variations with no impact on Surplus

 

Road Reconstruction – Woodlands Drive (Oriole St to Fairywren Place) - $105,000

 

Savings on this project were achieved due to the reuse of waste material from this project  on other Council projects which reduced disposal fees.  In addition, less “mill and fill” work was required due to the state of the road being in better condition than originally estimated.

 

It is proposed to transfer these savings to the Road Resealing/Resheeting program to ensure that this program has the capacity to deliver all the planned projects including the $19,700 contribution to the shared pathway being constructed at Jamison Park as part of the NSW Community Building Partnership Program as endorsed by Council at the 1 February 2010 Ordinary Meeting.

 

 

RFS Zone Headquarters - $66,835

A report to Council on 7 September 2009 provided advice to Council on funding arrangements for the establishment of the new Cumberland Zone Rural Fire Service Headquarters at Jeanette Street, Regentville.  The report advised Council of grant funding of $400,000 available from the NSW RFS to be combined with contributions from Blacktown and Fairfield City Councils for the construction of the Cumberland Zone Rural Fire Service Headquarters.

 

The site in Regentville, adjacent to the NSW Fire Brigade and the Regentville RFS Brigade Station, was formerly used by the NSW Police, and will complement the use of these properties for emergency services facilities. The overall budget allocation from the RFS for the construction of the Zone Headquarters is $800,000 and is apportioned between Blacktown, Fairfield and Penrith City Council with Penrith’s allocation being  $400,000.

 

Since this report, additional funding has been received from Fairfield City Council ($5,000) and Blacktown City Council ($24,750).  In addition, $5,025 has been allocated from the reserve for design costs increasing the budget to $834,775.

 

Further additional funds are now proposed to be allocated to this project as follows:

·    $16,835 from additional reimbursement received from NSW Rural Fire Services to be used for part funding of replacing aging air-conditioning units with a ducted system.

·    $50,000 grant funding from the NSW RFS is propose to be transferred from the RFS – Purchase Local Items project. This funding related to Spray Bars which are no longer required and has been approved by the funding body to be transferred to this project.

 

The revised project budget for the RFS Zone Headquarters is $901,610.

 

Road and Footpath Restorations Expenditure/Income $50,000

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.

Penrith Commuter Car Park Reserve – Interest Income - $50,000

Additional interest income allocated to the Penrith Commuter Car Park Reserve in 2009-10 which was not allowed for in the original budget. The funding for these grant monies is held in a separate bank account as per the conditions of the grant.

Property Development (Reserve)

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

 

Capital Expenditure – net decrease of $60,000

 

§ Collins Street, St Marys - This property only became available for purchase in December. The purchase of the property has been successful in consolidating Council’s community land within the Penrith Valley Community Precinct.

 

§ GWH Emu Plains, Old Post Office – the refurbishment of the existing Old Emu Plains Post Office has been deferred until 2010-11 as the funding application from the Federal Government’s Jobs Fund Heritage stream was not successful.

 

Income – net increase of $223,000

 

§ Union Lane Strata Road Closure – The sale of the strata below road level within Union Lane has not commenced as Council has not received an application relating to road closure. This budget has now been deferred to 2011-12.

 

§ Former Council Library /Henry Street Penrith – This variation includes an estimate of compensation to be received from the Attorney General’s Department following the lease expiry over the former Council Library building in Henry Street, Penrith. The amount represents the cost required to reinstate the premises to the condition that existed prior to the commencement of the existing lease.

 

§ Station Road Closure – This estimate relates to the proposed road closure and sale of Station Lane off Union Road. Negotiations are continuing with the adjacent owner and will be the subject of a report to Council when complete.

 

 

2013 Bicentenary Celebrations – First Crossing of the Blue Mountains $30,000

 

In 2013 the Bicentenary of the First Crossing of the Blue Mountains will occur.  There has been no source of funding identified for these celebrations and it is anticipated that they will require a significant investment by Council along with other levels of government and the two other relevant Councils – Blue Mountains and Lithgow, whose local government areas incorporate the route taken by the original explorers.

 

In order for the effective delivery of this event, it would be prudent to create a 2013 Bicentenary Reserve and allocate $30,000 from the Events Operational Budget each year until 2013 to form a pool of funds to be able to undertake community celebrations appropriate for a community event of this stature. This would allow for an amount of $120,000 in 2013-14 for this event.

 

It is recommended that $30,000 be allocated from Events Operational Budget for four years commencing 2009-10.  Consideration will also be given to allocating any unexpended funds from this annual operational budget to the reserve each year.

 

 

Hubworks – Children’s Services Software $54,000 (Reserve)

 

Hubworks is a new financial management system for Children’s Services that has recently been acquired.  This software package which supersedes Star Care has been purchased at a total cost of $54K funded from pooled Children’s Services Reserves.  Implementation of this software across Penrith Council’s 40 Children’s Services is scheduled to occur in early February.  It is anticipated that Hubworks will provide greater opportunities for streamlining services and centralising information and more readily interface with Council’s financial system.

 

 

Bus Shelters  - $29,000 (s94 Reserve)

 

The bus shelters were originally to be constructed as part of the Jane Street construction works but were deferred pending potential reconfiguration of the interchange by RailCorp.  This delayed the design and subsequent construction.

 

The initial costings were based on designs which were subsequently amended to provide enhanced finishes (stainless steel) and there were additional costs associated with the installation method that were not contemplated initially.

 

These costs are considered reasonable and the work has now been completed to a very high standard.  The provision of the shelters is an integral part of the road upgrading and is funded by the Civic Improvement S94 Plan.

 


Revotes

 

There is one adjustment to a planned Operational Project funded that is proposed for adoption this quarter:

Penrith CBD Traffic Study - $168,000 (funded by $84,000 EEP Reserve, $84,000 General Revenue)

Delays in this project have occurred however briefs are currently being prepared to issue to consultants. A revote of 75% of the budget is proposed in the December Review as the study is now anticipated to commence later in the financial year and will continue in the 2010-11 financial year with completion expected late 2010.

 

Conclusion

The 2009-10 Operational Plan December 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 - December Quarter Review be received.

2.     The 2009-10 Operational Plan Review as at 31 December 2009, including the revised estimates identified in the recommended budget, be adopted.

 

ATTACHMENTS/APPENDICES

1.  

Services Performance and Financial Review Summary ~ Progress to 31 December 2009

45 Pages

Attachment

  


Ordinary Meeting

22 February 2010

A Leading City

 

 

 

2

Abandonment of Sundry Debts   

 

Compiled by:                Hank Noort, Chief Rates Clerk

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

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

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

     

 

Executive Summary

This report provides Council with details of seven separate debts deemed irrecoverable and to seek Council’s approval for the abandonment of these debts.  Council approval must be sought prior to abandoning Sundry Debts with a value greater than $2,000. It is recommended that the debts outlined in this report, totalling $26,851.75, be written off.

 

Council has instigated recovery action on each account but full payment has not been obtained for various reasons.

 

Below are brief details of each account:

 

Name

Debt Type

Amount

Reason For Requested  Abandonment

Mitacare Funeral Services

Unpaid Burial Fees

$2,242.20

Business deregistered

Hills Concert Productions Pty Ltd

Cancellation of Contract

$8,188.20

Company under external administration

Ray & Cathy McLean

Hall Hire

$4,403.50

Unable to locate debtors

Michael Farnham

Child Care Fees

$3,239.55

Unable to locate debtor

Marcia Neil

Child Care Fees

$2,475.31

Debtor is bankrupt

Tuainekore P Tepai

Child Care Fees

$2,643.24

Unable to locate debtor

Buildwest Constructions Pty Ltd

Dishonoured Cheques For Development Application

$3,659.75

Company under external administration

 

TOTAL

$26,851.75

 

Background

This report contains seven separate debtor accounts recommended for abandonment and follows attempts to recover the debts in accordance with Council’s debt recovery procedures. Recovery action is carried out in the following manner:

 

·    Initial invoices are sent, followed by monthly statements and telephone contact if possible.

·    If no payments or arrangements are made a Notice Prior to Summons is issued.

·    An evaluation is made determining whether recovery action should continue based on cost viability and the likelihood of successful recovery.

·    If further action is required then recovery action through the courts is initiated in the following order:

 

1.   Statement of Claim

2.   Default Judgment

3.   Writ of Execution, Garnishee Order or Company Windup.

 

The debtor accounts listed below have been subject to the above procedures and have been deemed irrecoverable.  The total value of these debts is $26,851.75 and this amount is recommended for abandonment.

 

SD57484    Mitacare Funeral Services   Unpaid Burial Fees                $2,242.20

This debt relates to invoices raised in 2004 for Burial fees.  A Statement of Claim was served 22 June 2005 and Default Judgement was entered on 14 October 2005.

 

Subsequently, Council attempted numerous times to locate the company owners to no avail.  The company ceased trading and no contact name or numbers were available. A company search in April 2009 revealed the business has been deregistered and the company subject to wind up proceedings by the court.

 

No further recovery options are available.

 

SD58986    Hills Concert                          Cancellation of main    $8,188.20

                   Productions Pty Ltd               stage contract

Penrith City Council engaged Hills Concert Productions Pty Ltd to provide the temporary stage, sound and production requirements for the Australia Day 2008 celebrations at Sydney International Regatta Centre.

 

Penrith City Council paid a deposit to this company of $7,425.00 on 22 August 2007.    Shortly after the deposit was paid, Hills Concert Productions advised they could not supply the requirements as quoted and agreed upon. Council requested a refund of the deposit and the Company Director refused to do so. After numerous telephone conversations with the Company Director, Council was unable to get an agreement from him to pay the amount. 

 

A Statement of Claim was served on 5 June 2008 and Default Judgement was entered on 7 August 2008.  A company search revealed the company is now under external administration and no longer trading. A proof of debt was issued on 18 February 2009 to Murray Roderick Godfrey c/- RMG Partners (appointed liquidator).

 

No further recovery options are available as windup proceedings can not take place due to the company being under external administration.

 

SD58892    Ray & Cathy McLean Hall Hire                       $4,403.50

                                                                   Cambridge Park

                                                                   Community Hall

This debt relates to the hiring of Cambridge Park Community Hall on numerous dates between August 2005 and December 2006 for the purpose of teaching karate.

 

The sundry debt was raised at Council on 16 October 2007 and a Statement of Claim was issued for service on 1 November 2007.  The process server was unable to serve the documents at the address provided as Mr & Mrs McLean had been renting the property and had since relocated.

 

Council has exhausted all avenues to locate Mr and Mrs McLean. Contact numbers and email addresses are disconnected.  Mr McLean is believed to be living in Queensland but can not be located.

 

SD58450    Michael Farnham         Child Care Fees           $3,239.55

This debt relates to outstanding childcare fees for three children at Jamisontown Children’s Centre for the period 15 May 2006 to 18 August 2006.

 

Mr Farnham is unemployed and in receipt of the supporting parent pension.  Numerous arrangements have been made to pay the overdue amount but not adhered to.  No payments have been received.

 

Council instigated legal action and a Statement of Claim was served on 18 November 2006.  Default Judgment was lodged with the Local Court on 29 August 2007.  Council lodged a Writ of Execution with the Court on 3 March 2008 and attended the given address for Mr Farnham but could not contact him. A further Writ was lodged on 7 May 2008.  The Sheriff attended the property and was informed by the occupant that Mr Farnham no longer lives there and the property is rented.

 

All contact telephone numbers have been disconnected and Council is unable to locate Mr Farnham to proceed with legal action to recover this debt.

 

SD59654    Marcia Neil                  Child Care Fees           $2,475.31

This debt relates to outstanding childcare fees for one child at Koala Corner Children’s Centre for the period 22 September 2008 to 23 December 2008.

 

Ms Neil made numerous payment arrangements with the Centre but did not adhere to them.  The debt was referred to Council in December 2008 for recovery action to proceed.  A Notice of Intention to Commence Legal Action was issued and a Statement of Claim served on 28 February 2009. Council received notification from ITSA on 27 March 2009 that Marcia Neil is bankrupt.  Council is listed as a Creditor.

 

No further recovery action can be taken.

 

SD58611    Tuainekore P Tepai     Child Care Fees           $2,643.24

This debt relates to outstanding childcare fees for two children at Stepping Stones Children’s Learning Centre for the period 9 October 2006 to 18 December 2006.

 

The debt was referred to Council on 31 January 2007 and a Statement of Claim was served on 25 March 2007.  Default Judgment was entered on 27 April 2007. An arrangement was made on 10 May 2007 to pay $50.00 per week from 16 May 2007.  No payments were received. On 16 June 2007 a Writ of Execution was lodged with the Local Court and the Sheriff attended the property.  It was found to be vacant and goods could not be seized.

 

Council then issued a Garnishee order to Ms Tepai’s employer “Hogs Breath Café”, the order was served but Ms Tepai ceased working there.

 

Various other methods were instigated to locate the debtor however all home and mobile numbers are disconnected. Council can not locate a place of residence or employer.

 

No further recovery action can be taken.

 

SD58762    Buildwest Constructions P/L Unpaid DA Fees           $3,659.75

This debt relates to development application fees for DA02/2429.  The debt has been outstanding since 2005.  Payment was originally made by way of two cheques in October 2005, however both cheques were returned to Council due to insufficient funds being available.

 

The original applicant was a company known as Kenmick Developments.  However, the company changed its name to Buildwest Constructions Pty Ltd in May 2005 but Council was not notified.  The information was only found after Council ordered a Company Search.

 

In December 2007 an agreement was reached between Council’s Solicitor Stephen Britten and a solicitor acting for Buildwest Constructions Pty Ltd.  The outstanding amount was to be paid once properties owned by the company directors were sold.  This arrangement was not adhered to and a Company Search has revealed that Buildwest Constructions Pty Ltd is now under external administration.  Brian Raymond Silvia and Andrew John Cummins of BRI Ferrier (NSW) Pty Ltd were appointed on 24/04/09 as receivers.

 

No further recovery action can be taken.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Abandonment of Sundry Debts be received.

2.     These debts totalling $26,851.75 are irrecoverable as outlined above and should be written off accordingly.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 February 2010

A Leading City

 

 

 

3

NSW Local Infrastructure Fund   

 

Compiled by:                Ray Richardson, Grants Support Officer

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

On 24 August 2009 Council endorsed a submission from Penrith City Council to the Department of Planning for an interest-free loan of $4,566,000 repayable over a period of ten years, to bring forward construction of improvements to roads that provide access to the Caddens Release Area to stimulate development of this urban growth precinct.

 

The submission was supported by Landcom.

 

Council has been advised that the submission was successful and that a loan for the full amount requested has been approved.

Background

In June 2009 the NSW Department of Planning announced a $200 million Local Infrastructure Fund to provide interest free loans to local government to bring forward infrastructure projects otherwise delayed due to a lack of funding.

 

The project that most closely met the eligibility criteria was the construction of improvements to roads that provide access to the Caddens Release Area to stimulate development of this urban growth precinct.

 

A submission for the loan was lodged on 31 August 2009.

 

The approved project includes the following elements:

 

Project item

Purpose

Collector Road upgrade to O’Connell St (east)

Full reconstruction of the 750m length of road is required to upgrade from a rural road to an urban road. This requires significant changes to the vertical alignment which cannot be done in a piecemeal manner. Electrical lead in services are also required to follow the new alignment.

Collector Road upgrade to O’Connell Lane

Full construction of 700m length of road is required as this is an unformed road. The road will also contain new water main service feeding the whole of the WELL Precinct and the electrical feeder main servicing a large portion of Caddens release area. It is critical this infrastructure is delivered up front however no funding is available at the early stages of Caddens.

Collector Road upgrade to Caddens Rd west of WELL Precinct

Full reconstruction of the 450m length of existing rural road is required to improve access to the development and improve road safety in the area. Funding through Section 94 will only become available at the end of development where as the infrastructure is required in the early period to manage road safety.

 

The submission proposed the repayment schedule included in the Report to Council on 24 August 2009.

 

Major Projects Manager’s comments

 

Discussions have been held with Landcom to coordinate the designs with the estate development work that they have done to date. Landcom have agreed to assign any preliminary design for these roads to Council. This will shorten the overall design period for the project.

 

Landcom have also had discussions with the various service providers regarding the provision of services to the estate. Whilst the cost of these services is not part of the grant, their construction will need to be coordinated with the roadworks.

 

It is a condition of the grant that construction commences before the end of this financial year and that the works are completed before the end of the next financial year. The completion date is easily achieved, however, the start date will be challenging.

 

Landcom have also agreed to dedicate their land for road widening to facilitate the road construction.

 

Financial Services Manager’s comments

 

The approved NSW Infrastructure Fund loan commits Council to the repayment of $4,566,000 over ten calendar years commencing 2010. The loan repayment schedule submitted with the application, which has been approved, will require the following repayments to be made by 31 December each year.

 

Year

Repayment

2010

                $100,000

2011

                $100,000

2012

                $100,000

2013

                $100,000

2014

                $100,000

2015

                $100,000

2016

                $100,000

2017

             $1,250,000

2018

             $1,250,000

2019

             $1,366,000

 

It is proposed that these repayments would be funded through the WELL Precinct Development Contributions Plan.

The projected balance of this Plan at 30 June 2010 is a deficit of $5,552. It is anticipated that the plan will continue to be in deficit for the first few years of the loan and then return to surplus once the accelerated development commences. It is noted that a number of larger balloon repayments have been scheduled for the final years of the loan, the timing of these repayments is expected to match the projected development and corresponding section 94 contributions. Should the projected section 94 contributions not coincide with the final balloon repayments Council will need to refinance the interest free loan externally or borrow against Council reserves.

 

Conclusion

 

The approval by the Department of Planning of an interest free loan of $4,566,000 to enable Council to undertake the construction of roads that provide access to the Caddens Release Area will stimulate development of this urban growth precinct. As detailed above, the repayment by the Council of the interest free loan is from the WELL Precinct Development Contributions Plan, which although is currently projected to be in deficit as at 30 June 2010, it is envisaged that the projected development, and the associated section 94 contributions will off-set Council’s loan contributions as they fall due.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Local Infrastructure Fund be received

2.     That Council delegate the General Manager to sign the Department of Planning’s agreement for the loan of $4,566,000.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 February 2010

A Leading City

 

 

 

4

Support for Earth Hour 2010   

 

Compiled by:                Krystie Race, Sustainability Research Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager  

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

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

       

 

Executive Summary

Earth Hour is a project being run by WWF (formerly known as the World Wildlife Fund) to engage the community in action to combat climate change.

 

Climate change is increasingly recognised as a major global problem with local consequences and responsibilities. Through its greenhouse gas reduction plan, Carbon Neutral, Penrith City Council has demonstrated its commitment, and has set goals, to achieve a reduction of both its own corporate emissions and City emissions.

 

This report recommends that Council participate in promoting Earth Hour to the City in 2010 and build on the success of the event in 2009.

Background

A program of actions is underway to address these objectives, with significant organisational results already being achieved as a result of the Energy Performance Contract put in place at the Civic Centre and the Queen Street Centre and other measures including the installation of energy efficient appliances, such as heat pump hot water systems, within Council facilities.

 

An understanding of the issues surrounding climate change and support for greenhouse action is increasingly apparent in our community. The present report addresses a particular action which is felt to be worthy of support.

Earth Hour 2010

WWF Australia (formerly known as the World Wildlife Fund) and Fairfax Media initiated a project in 2007 called ‘Earth Hour’. Earth Hour was developed to educate and involve the community in taking action to combat climate change and is being run again in 2010 to build on its success. Council supported Earth Hour in 2007, 2008 and 2009 by switching off the lights for the designated one hour period at several of our major facilities, and also by undertaking a broader education and promotion campaign to the community.

 

It is proposed that Council continue to support Earth Hour in 2010 and use this opportunity to gain commitment from organisations and individuals across the City to make small changes in their habits and routines which will result in reduced greenhouse gas emissions.

This year Earth Hour will focus on the broader aspects of sustainability, giving everyone something to do beyond the hour of darkness on Saturday 27 March, with the theme ‘Earth Hour, Every Hour’.

 

As in previous years, the main highlight of the campaign revolves around a designated one hour period on Saturday 27 March when households, businesses, organisations and schools are encouraged to commit to turn their lights off between 8.30-9.30pm.

 

Earth Hour 2010 is set to switch off the globe. With hundreds more cities expected to sign up to switch off in the coming months, Earth Hour 2010 is setting the platform for an unprecedented global mandate for action on climate change.

 

Switching off lights is a symbolic gesture and gives a highly visible signal to the wider community of an organisation’s or individual’s commitment to reducing their greenhouse gas emissions and tackling climate change. Participants are then encouraged to continue this commitment throughout the year and make small changes in their homes and workplaces to achieve a reduction in energy use over this period.

Proposed Participation in Earth Hour

Earth Hour provides a clear opportunity for Council to support the event in its role as a community leader, as the aims of the project align closely with Council’s own goals for corporate and community emissions reductions.

 

It is proposed that Council participate directly, where this poses no risk to safety and does not disadvantage any community or customer services required at the facilities. Within these limits, Council would commit to turning off all lights, other than essential security lighting, within appropriate Council facilities, for the one hour period between 8:30pm - 9:30pm on Saturday, 27 March 2010.

 

The following facilities have, at this stage, been identified by management as able to participate in Earth Hour. This will be subject to any bookings for relevant facilities, which will if received take precedence over the Earth Hour arrangements:

·    Civic Centre

·    Queen Street Centre

·    Council’s Depot

·    Joan Sutherland Performing Arts Centre

·    St Clair Recreation Centre

·    Visitor Information Centre

·    Ripples

·    Penrith Swim Centre

·    Penrith Whitewater Stadium

 

Participating in the event will also provide Council with an excellent opportunity to advocate for greenhouse gas reduction, by encouraging local businesses and individuals to also participate and make changes to reduce their emissions.

 

Promotion and education within the community will be able to be undertaken in the lead up to Earth Hour, with an emphasis on the simple things that can be done in the average home or business, to address climate change without negatively impacting on lifestyle and convenience.

 

Along with seeking to leverage the broader promotion of Earth Hour which is undertaken by the main event organisers, Council will undertake a local promotions program which will include:

·    media releases;

·    display materials within Council facilities;

·    promotion through the Council website;

·    fact sheets;

·    letters to schools and business groups; and

·    distribution of information to staff and participating businesses and households.

 

A link with the event coordinator, WWF Australia, will also be established to share information and resources and ensure that any local promotions are consistent with the broader promotions being undertaken.

 

Investigations to include Council’s neighbourhood facilities and children’s centres in Earth Hour were also undertaken last year. Due to the number, range and location of these facilities as well as the fact that they are generally not staffed at this time of night it was ruled impractical to be able to commit them to Earth Hour. Therefore, it is once again not considered practical to include these facilities in Earth Hour 2010.

 

To overcome this, it was suggested that the relevant facility managers work with Council’s Sustainability Unit and other relevant departments in the future to establish baseline information on sustainability at these facilities. Children’s Services has already commenced such an audit. This work will identify opportunities for improving sustainability, with regard to lighting and security lighting which will then make it possible to develop a coordinated plan for implementation of agreed actions. The plan will thereby identify those facilities which are, over time, able to participate in future initiatives such as Earth Hour.

Conclusion

Given the increasingly critical nature of the issue of climate change and global warming within Australia and across the globe, it is imperative for Council and our City to be at the forefront of efforts to combat climate change. Earth Hour is one initiative which is very timely in this regard. Council’s participation again in Earth Hour and promotion to the community is in keeping with both its policy commitments and leadership role.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Support for Earth Hour 2010 be received

2.     Council participate in and promote Earth Hour 2010 in the terms indicated in the report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 February 2010

A Leading City

 

 

 

5

Summary of Investments for the period 1 January to 31 January 2010   

 

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

       

 

To provide a summary of investments for the period 1 January 2010 to 31 January 2010 and a reconciliation of invested funds at 31 January 2010. 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 January 2010.

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments for the period 1 January to 31 January 2010 be received

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2010 to 31 January 2010 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2010 be noted.

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

4 Pages

Attachment

   


A City of Opportunities

 

Item                                                                                                                                       Page

 

6        Youth Week 2010 - Proposed Activities and Funding

 

 



Ordinary Meeting

22 February 2010

A City of Opportunities

 

 

 

6

Youth Week 2010 - Proposed Activities and Funding   

 

Compiled by:                Katerina Tahija, Youth 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

National Youth Week 2010 will be celebrated between 10 and 18 April. Youth Week is an opportunity to celebrate the contributions of young people in the community. Youth Week is funded jointly by the NSW Commission of Children and Young People and local councils. The 2010 budget available for Youth Week in Penrith City is $6,150.

 

The theme for 2010 is “Live It Now - Respect”. Organisations applying for funds to hold a Youth Week activity are asked to incorporate the theme into their funding application.

 

The 2010 Youth Week funding opportunity is promoted widely across Penrith City, with organisations and community groups invited to apply.

 

Youth Week aims to provide opportunities for participation from a diverse range of young people and organisations are required to outline how they will promote their proposed activity.

 

This report provides information about Council’s 2010 Youth Week funding round and makes recommendations on funding amounts for applications received. The report recommends that Council receive the report and approve the 2010 Youth Week grants to the 7 eligible projects.

Background

National Youth Week is an opportunity to celebrate young people in the local community. Youth Week activities and events are jointly funded by the NSW Government and local councils.  Activities funded are provided in the community with the opportunity to focus on the positive contributions that young people make and can make to society. In 2010 Youth Week will be held between 10 and 18 April. This year Youth Week will also coincide with school holidays.

 

Program initiatives can be extremely broad whilst still maintaining the theme and objectives as outlined by the NSW Government.  The range of activities encourages a large cross section of young people and the community to be involved.

 

Youth Week targets young people aged 12 to 24 years of age and is designed to offer a range of activities that focus on the issues and concerns of young people in the local area. The theme for Youth Week 2010 is “Live It Now”, with a local theme of “Respect”.

 

This year, Council received $3,075 (excluding GST) from the Commission of Children and Young People.  As a requirement of receiving these funds, Council matches the amount on a dollar for dollar basis.  The total budget for 2010 Youth Week activities is $6,150.

 

Youth Week Grants Program

Council allocates funds each year, through the Youth Week Grants Program, to community-based groups (including youth and community groups, churches, social/interest groups, training and employment agencies), to assist with organising activities, events and programs in conjunction with young people across the LGA.

 

The Youth Week aims will be achieved through young people’s active involvement in activities which:

 

·    Raise issues, ideas and concerns of young people;

·    Develop strategies to address the issues important to young people;

·    Increase the community’s awareness of young people and the issues which are important to them;

·    Promote young people’s contribution to the community;

·    Demonstrate the involvement of young people in the planning of activities;

·    Demonstrate access to activities from a broad range of young people.

 

For Youth Week 2010, organisations are required to demonstrate what strategies they will employ to address any transport issues, and how the proposed activity will be advertised and promoted to a diverse range of young people. The NSW Government guidelines encourage involvement of a broad and diverse range of young people including:

 

·    Young Aboriginal and Torres Strait Islander people

·    Young people with disabilities

·    Young people that are geographically isolated

·    Young people from non-English speaking backgrounds

·    Young people disadvantaged by their socio-economic background

·    Young people who have left school early or are at risk of leaving school early

·    Young women

·    Young offenders

·    Young gay, lesbian, bisexual and transgendered people.

 

Organisations are also asked to demonstrate how young people will be involved in planning and implementing the activities.

 

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

 

Successful applicants are required to acknowledge Penrith City Council and the NSW Commission of Children and Young People as funding contributors on any promotional material.

 

Successful applicants are required to submit an evaluation report to Council following the event.

 

The opportunity to apply for Youth Week funds in 2010 was widely advertised, including through Penrith Youth Interagency, the Mayoral column, Council’s website and through extensive email networks.

 

Funding Applications for 2010

 

Council has received funding applications from a broad range of organisations, with 3 organisations applying for the first time.

 

A total of nine applications have been received from 6 separate organisations, with the requested amount totalling $17,216 excluding GST. Applications totalling $6,150, the 2010 Youth Week budget, have been recommended for funding. Seven applications are recommended for either full or part funding.  Two applications were withdrawn.

 

Applications Recommended for Funding

1. Rumbek United Football Club “Youth Week Soccer Games”

 

This activity proposes to bring together soccer clubs to play a friendly competition during Youth Week. The application also requested funds to purchase equipment for an ongoing football club. Council will provide funds to the Rumbek Club to run soccer games during Youth Week. Council will assist the group in exploring other opportunities to fund purchase of equipment. This project will prioritise engaging with African young people.

 

Funding amount requested: $2,010

Recommendation: $425

 

2. Family Planning NSW - The Warehouse Youth Health Centre “Respect: Healthy Relationships Young People’s Art Exhibition and Resource”

 

This activity proposes to produce a resource for young people focussing on healthy relationships.  Funds were also requested to hold an event during youth week to promote healthy relationships. Council will provide funds to hold a range of health promotion activities and displays during Youth Week. The Warehouse will promote healthy relationship messages through a variety of promotional materials available to young people from across Penrith City. The Warehouse will also promote Youth Week using Facebook.

 

Funding amount requested: $5,000

Recommendation: $1,000

 

3. Hawkesbury Church - “Strong Man”

 

This activity proposes to promote positive male role models through interactive cross-generational activities. Community leaders from the Hawkesbury Church will facilitate sports and other activities as well as discussion groups with young men in the community. The groups will also share lunch and discuss what it means to be a strong man and be respectful today and in the future. The activity will be held in Cranebrook in a local park weather permitting. The event will also be broadly promoted in the Penrith Northern Rural areas.

 

Funding amount requested: $600

Recommendation: $550

 

4. SPYNS Inc - “Kingswood Park Parkour”

 

This activity proposes to take 15 young people from Kingswood Park to Penrith PCYC to participate in a Parkour session. A bus will be provided to transport young people to PCYC to develop the basics in Parkour. This project will prioritise young people in the Kingswood Park and surrounding suburbs.

 

Funding amount requested: $775

Recommendation: $775

 

5. SPYNS Inc - “Cranebrook Respect Yourself”

 

This activity proposes to run a 2 day music workshop with 15 young people to write, rehearse and record their own songs. Artists from Street Unive rsity will facilitate the workshop, encouraging young people to express themselves through lyrics that explore the meaning of ‘Respect’. Young people will also have hands on experience of using recording equipment, helping to broaden skill development. Participation of Aboriginal young people will be a priority for this project.

 

Funding amount requested: $851

Recommendation: $440

 

6. Sydney Christian Outreach Centre- Penrith – “Skills for Work”

 

This activity proposes to assist young people to experience interviewing and skill development in the retail sector. Young people will have the opportunity to develop knowledge and skills in a retail service, working through a realistic demonstration of a work day in a business. Young people will also have the opportunity to develop communication and interview skills. Industry trainers will run through work and communication techniques with young people in Cranebrook, providing one to one assistance in a fun atmosphere. Unemployed young people will be prioritised for participation in this activity.

 

Funding amount requested: $460

Recommendation: $460

 

7. Sydney Christian Outreach Centre- Penrith – “Arts and Culture Festival”

 

This activity proposes to bring together arts and culture to young people in Penrith. The activity will take place in Cranebrook and will include hip hop music classes, t-shirt screen painting sessions, and art board production along with lunch. The day will end with a showcase of art, culture and music. The theme of the day will be ‘Respect Live Now- what’s your voice saying?’. Other organisations in Cranebrook will be invited to participate in this activity.

 

Funding amount requested: $2,500

Recommendation: $2,500

 

The following applications were withdrawn during the assessment phase of the funding process:

 

8. Sydney Christian Outreach Centre- “Rock the Riff”

 

This project proposed to develop a music program ending in a festival. This project was withdrawn due to changes in priority areas. This group was successful with two other applications being recommended for funding earlier in this report.

 

Funding amount requested: $3,820

Recommendation: $0 The application was withdrawn.

 

9.  Philippine Language and Cultural Association – “ A Rigodon Affair”

 

This activity proposed to run a cultural dance event with young people and community leaders. The application was withdrawn due to changes in the availability of volunteers for recruitment of participants.

 

Funding amount requested: $1,200

Recommendation: $0. This application was withdrawn. 

 

Youth Week Program Promotion

One of the key strategies to a successful Youth Week program is promotion and advertising.  A detailed program of events for 2010 will be developed and promoted once all arrangements for events and activities are finalised.  Promotional material will be placed throughout neighbourhood and community centres, local schools, shopping centres and local media.  The program will also be posted on Council’s website. The Youth Week program will incorporate a range of activities including those outlined above as well as self-funded activities by other services and youth organisations.

 

Council will also hold a Youth Week cheque presentation for the successful applicants.

 

Summary

 

National Youth Week 2010 is an opportunity to celebrate the contributions of a diverse range of young people in our community. The theme for Youth Week 2010 is ‘Live It Now- Respect’. In 2010 Council received $3,075 from the NSW Commission for Children and Young People to fund Youth Week activities.  Council is required to match this contribution. The funding round is promoted to a broad range of services, organisations and groups. A total of $6,150 is available for distribution to eligible community organisations.

 

This year, Council received nine funding applications from six organisations, with requested funds totalling $17,216. The recommendations for funding are summarised in the following table:

 

 

 

 

 

Youth Week 2010 Recommended Activities and Funding Amounts- Table 1

 

 

Applicant

Organisation

 

 

Activity

Description

 

Funding

Requested

 

Funding Recommended

1. Rumbek United Football Club

 

“Youth Week Soccer Games”

$2,010

$425

2. Family Planning NSW- The Warehouse Youth Health Centre

 

 

“Respect: Healthy Relationships Young People’s Art Exhibition and Resource”

 

$5,000

$1,000

3. Hawkesbury Church

 

“Strong Man”

$600

$550

4. SPYNS Inc  

 

“Kingswood Park Parkour”

 

$775

$775

5. SPYNS Inc  

 

“Cranebrook Respect Yourself”

 

$851

$440

6. Sydney Christian Outreach Centre  Penrith 

 

“Skills for Work”

$460

$460

7. Sydney Christian Outreach Centre Penrith

 

“ Arts and Culture Festival”

$2,500

$2,500

8. Sydney Christian Outreach Centre Penrith

“Rock the Riff”

$3,820

Application withdrawn

9. Philippine Language and Cultural group

“ A Rigodon Affair”

$1,200

Application withdrawn

 

 

Total Requested $17,216

Total Recommended

$6,150

 

Council will develop a calendar of events and other material to assist in promoting Youth Week events. Council will also hold a cheque presentation for successful applicants.

 

Successful applicants are required to acknowledge Penrith City Council and the NSW Commission of Children and Young People as funding contributors and submit a final evaluation report of their event to Council.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Youth Week 2010 - Proposed Activities and Funding be received

2.     That Council endorse the recommended projects and funding amounts as outlined in Table 1 of this report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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A Green City

 

Item                                                                                                                                       Page

 

URGENT

 

11      Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo  . Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205

 

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

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Liveable City

 

Item                                                                                                                                       Page

 

7        Draft Local Development Contributions Guidelines

 

8        Tender Reference 30-09/10A Supply & Installation of Heating & Ventilation Plant at Ripples Aquatic Centre

 

9        NSW Communities - Sport and Recreation Facility Grant

 

 



Ordinary Meeting

22 February 2010

A Liveable City

 

 

 

7

Draft Local Development Contributions Guidelines   

 

Compiled by:                Anthony Milanoli, Senior Environmental Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs

Strategic Direction: The City’s infrastructure responds to community needs, and is provided when we need it

       

 

Executive Summary

Development contributions provide for the creation of new infrastructure to meet the additional demand of new residents and new development.

 

The purpose of this report is to describe the implications for Council of the Department of Planning’s (DoP) recently released draft Development Contributions Guidelines. The report details the noteworthy aspects of the draft Guidelines and outlines key elements of a proposed submission from Council.

 

Council’s current approach to Contributions Plans and Planning Agreements – their nature and scope – is largely consistent with the proposed guidelines and legislative changes. However, the changes proposed will require Council to review all its plans over the next 18-20 months and either amend and adopt new plans or rescind the plans. This timeframe is considered to require flexibility on the Department’s part due to the extent of work involved.

 

Another major issue for Council in relation to the draft guidelines relates to the proposal to limit the timing of indexing of plans to an annual basis and the selected index being the Consumer Price Index (CPI) – rather than land value – which risks introducing financial shortfalls in plans.

 

Other aspects of the draft guidelines of concern relate to:

·    the ambiguity surrounding the requirement for Council to assess the “affordability” impacts of new plans on development ;

·    the absence of an explanation for the basis of criteria used for describing what limited types of infrastructure can be included in plans and the rates at which such infrastructure should be provided

·    the implications for processing times for contributions plans when Departmental and Ministerial oversight and reporting is to be increased.

 

This report proposes highlighting to the DoP the implications for Council of these and other elements of the draft guidelines. A proposed response to the draft guidelines is presented for adoption by Council.

Background

Over the past 2 years various Ministers of Planning have expressed concern regarding the implications of Contributions Plan levies on residential affordability in Sydney. This led to a proposed capping of contributions for residential development at $20,000 per new additional lot or dwelling, along with a review of the legislation and guidelines applying to the Contribution Plan process.

 

The proposed changes to Contributions Plan legislation (contained in Part 5B of the Environmental Planning & Assessment Act) is expected to be gazetted in March / April 2010. Community input was not sought in relation to this new legislation. The “Draft local development contributions guidelines” associated with the new legislation were released by the Department of Planning (DoP) in December 2009 and comments from the community have been sought. The deadline for submissions on the draft guidelines is 26 February 2010.

 

Purpose of draft Guidelines and Review

As outlined in the Department of Planning’s exhibited material, the purpose of the draft guidelines is :

“to assist councils, other planning authorities, developers, applicants and the community in understanding the issues and the legislative framework of Part 5B of the Environmental Planning and Assessment Act 1979 (EP&A Act) which relates to development contributions and the provision of public infrastructure by developments. The guidelines also provide both guidance and information on the NSW development contributions system including:

·    a description of the system;

·    those concepts which are central to a council’s involvement in the system;

·    important considerations regarding the choice between contributions plans or

planning agreements;

·    the relationship between contributions (both State infrastructure and affordable

housing) and contributions plans and planning agreements”.

 

Changes to The Environmental Planning & Assessment Act

 

As outlined in the draft guidelines, in 2008 the provisions for development contributions were essentially re-written. There is now a clear recognition of the principle that contributions must be reasonable and accountable. Part 5B of the EP&A Act now sets out the legislative provisions for the levying of development contributions by local councils by:

·    Establishing a strategic framework for the Minister, Department, councils and other

planning authorities by setting out key considerations for determining, collecting

and spending contributions.

·    Allowing councils to take contributions for community infrastructure, subject to

the new accountability requirements.

·    Establishing a two-tier system for local contributions. Councils can continue to levy

for key community infrastructure without approval from the Minister. However,

councils require Ministerial approval to obtain a contribution, or enter into a

planning agreement, for any other kind of community infrastructure (called

additional community infrastructure). A council must demonstrate that a

legitimate case exists for the extra contribution with a business plan and an

independent assessment of the proposal.

·    Preventing double dipping between subdivision approval and the grant of

development consent for a subsequent dwelling or other development. Councils

will still be able to seek from a development a direct contribution, or an indirect

contribution, but not both.

·    Allowing for indirect contributions to be varied where justified. While an indirect

contribution will generally remain limited to 1 per cent of the development cost,

councils can seek a higher rate from the Minister in the same way as for additional

community infrastructure (i.e. by submitting a business plan for approval).

·    Allowing for improved reporting of development contributions, collection and

spending.”

 

Key components of the draft guidelines relevant to Penrith City

Rather than summarising the entire draft guideline, this report will highlight those aspects that are likely to impact on new development in Penrith City and the management of associated contributions by Council. These matters are outlined and the implications for Council are addressed below :

 

Key considerations for development contributions

The draft guidelines key considerations for contributions are :

·    Can the public infrastructure to be funded by a development contribution be provided within a reasonable time?

·    What will be the impact of the proposed contribution on the affordability of the proposed development?

·    Is the proposed contribution based on a reasonable apportionment of demand for

public infrastructure to be created by the proposed development?

·    Is the proposed contribution based on a reasonable estimate of the cost of the proposed public infrastructure?

·    Are the estimates of demand for each item of public infrastructure reasonable?

 

Key principles of nexus, apportionment and reasonableness have underpinned the preparation of contributions plans for decades. The draft guidelines add to these requirements by introducing the issues of impact on affordability and costing of infrastructure.

 

Our primary concern regarding the key considerations is the ambiguity as to what constitutes “affordability” in determining the impacts of contributions on new development. Failure to quantify or define this term leaves all councils open to challenge by the Department or developers as to the suitability of the plan. Our submission suggests clarification of the guidelines regarding this issue.

 

Automatic repeal of contributions plans

 

All existing contributions plans will need to be repealed and either extinguished or redrafted and re-made within 18 months from the commencement of the changes to Part 5B of the EP&A Act (which addresses contributions). Council currently has 18 contributions plans that will need to be reviewed by approximately September 2011. Staff have commenced scoping the extent of this exercise and the resources required. It is considered, however, that reviewing and re-making 18 plans – as well as any new plans - within 18 months may prove problematic. Additionally, the specialists / consultants who are sometimes required to inform aspects of contributions plans through background studies will be thinly stretched if all Councils are required to review all their plans within the same time frame – further slowing the review process.  In light of this, our submission suggests flexibility in deadlines for councils such as Penrith with large numbers of plans (some councils with numerous release areas have up to 47 plans). A staggered approach might be adopted, as has occurred with DoP expectations for councils’ LEPs, where responses and timeframes are prioritised.

 

Continuation of existing plans and planning agreements

 

Existing contributions plans will continue to operate (eg contributions may be taken, indexed and contributions expended) until they are repealed. 

 

Existing planning agreements will continue to have effect for the term of the Agreement

 

All contributions plans and planning agreements that have been publicly exhibited will be able to be finalised under the un-amended legislation

 

Impacts on existing Development Consents

 

All existing conditions (from contributions plans) or obligations (from planning agreements) requiring some form of development contribution will apply for the life of the relevant development consent if the consent was granted before the commencement of Part 5B changes.

 

$20,000 threshold and Ministerial Direction

 

The current Ministerial Direction used to create the $20,000 threshold will be reviewed in light of the Part 5B proposals. The existing Ministerial Directions will be brought forward into the new system

 

Introducing the concept of “key” and “additional” community infrastructure

 

A key change in the draft guidelines and legislative changes is introducing the idea of “key” infrastructure. This is infrastructure which is regarded as essential or fundamental to the effective functioning of the development and its associated residents or occupants. The list of key infrastructure includes:

·    Open space/recreation facilities (such as playing fields, play grounds, etc);

·    Community facilities (such as libraries – excluding books - neighbourhood centres, etc);

·    Stormwater management facilities

·    Traffic and transport facilities (such as roads, intersection treatments, car parks, bus shelters);

·    Emergency services facilities (such as Rural Fire and State Emergency Services facilities); and

·    Contribution plan preparation and administration costs.

 

The draft guidelines elaborate on the nature of these key facilities and suggests rates at which they may apply. Provided a council’s plans do not exceed this range of key infrastructure it will retain authority over the adoption of the plan. If a draft contributions plan proposes infrastructure beyond the key list – i.e. additional facilities, it will need to be accompanied by Business Plans justifying the proposed facilities, their impacts on affordability and the council’s ability to maintain the infrastructure once infrastructure has been completed. A Contribution Plans proposing “additional” infrastructure will also require Ministerial authorisation before it may take effect.

 

Nearly all of Council’s existing plans comply with the list of “Key” infrastructure at rates consistent with those contained in the guidelines and hence Council would not require Ministerial endorsement if these plans were remade. However, the District Open Space Facilities Plan and the Library Facilities Plan do propose some items which would be additional. These Plans are currently the subject of independent review associated with earlier Ministerial overview and will be reported to Council in March/April 2010. In general though, the range of infrastructure limitations proposed in the legislation and guidelines would not require any variation to our current approach.

 

Direct and Indirect Contributions Plans

 

Councils will have the option of preparing either Direct or Indirect Contribution Plans.

 

Direct Contribution Plans are comparable with the Section 94 plans which are currently adopted by Council. This form of plan is likely to continue to apply in Penrith City and be the basis for most new infrastructure related to new development. Direct Contribution Plans will require analysis to determine a direct link or nexus between the facilities and development. The plans will need to include accurate facility costing, apportionment according to the requirements of new development, timeframes for expenditure and demonstration of reasonableness.

 

Indirect Contribution Plans do not require a direct link or nexus between the facilities proposed and the new development on which they are levied. These plans are currently called section 94A plans. Council has not adopted any s94A Plans for Penrith City. Indirect plans apply a 1% levy to all new development specified by Council unless the Minister agrees to levying a higher rate. Contributions are in a financial form only – i.e. they cannot accept payment in kind such as by way of the provision of a facility. As these plans usually apply to older established suburbs and rural settings with less development, they are unlikely to be used in Penrith City. These plans typically raise considerably less than Direct Contributions Plans. The new legislation and guidelines propose that a Council can only levy an Indirect Contribution after a Direct Contribution has been paid if demand for additional community infrastructure will be created.

 

Planning Agreements

 

Council has negotiated 5 Planning Agreements for new urban release areas over the past 3 years. The amended legislation continues to provide for the preparation of Planning Agreements between councils and developers. It is likely Council will continue to negotiate Planning Agreements in relation to development of new urban areas or very large scale development applications which have major impacts. The guidelines make clearer the roles of all parties is ensuring probity is maintained throughout these negotiations but some further instruction is required.

 

The draft guidelines provide clearer instruction on the negotiation of planning agreements in relation to preparation of draft planning proposals (towards concluding local environmental plans). A particular instruction is that “a council should only contemplate a Planning Agreement after it has made the decision to commence the rezoning process by preparing a planning proposal”. While this instruction generally applies, in some instances, a planning proposal or draft LEP would only have merit if the item included in the Planning Agreement (such as funds to generate jobs for new residential development, as happens in Penrith City) is paid. This scenario needs to be addressed in the guidelines. Moreover, the draft guidelines do not provide instruction on appropriate processes in a scenario where the developer refuses to sign the Agreement before the LEP or planning proposal is adopted by Council.

 

Indexing Contribution Plans

 

The draft guidelines propose that a consistent index (the All Groups Sydney CPI) will be used for contributions plans (land and capital) and conditions of consent.  The draft guidelines also propose that indexing is to occur at 1 July for the 12 months to March of that year.

 

These aspects of the draft guidelines are considered unacceptable due to the major adverse impact they would have on Council’s finances and ability to deliver infrastructure. Land is a significant component in many of Council’s Contributions Plans, particularly those for new urban areas. Indexing plans according to the CPI is likely to mean that insufficient funds will be collected to acquire the land required to build new infrastructure for facilities such as open space, community facilities, roads and stormwater management facilities. By way of example, inflation (CPI) rose by 2% in 2009, whereas land values across Sydney averaged 12% increases. If the land components of the plans are not linked to land price movements, the shortfall in income would need to be met by Council through general revenue (amounting to millions of dollars) or the list of facilities would need to be reduced each year. Moreover, indexing plans by applying the CPI, which does not include a land component amongst the basket of goods it measures, is not reasonable and hence may leave the application of the plans open to legal challenge under section 123 of the EP&A Act, since “reasonableness” is a key requirement for all plans.

 

Increases in land values could still be captured through re-exhibition and re-adoption of any contribution plan. However, since the guidelines recommend use of CPI, there is likely to be industry objection to increase beyond the index. Additionally, the review process is a resource intensive exercise (in terms of staff labour and time) that the current system does not necessitate.

 

Additionally, the draft guidelines propose that indexing only occur annually, whereas many of Council’s current plans index quarterly in order to capture the growth in land values that occurs and minimise risk of financial shortfall. The annual indexation proposed is therefore considered inappropriate.

 

In light of the above, our draft submission to the DoP strenuously opposes the use of the CPI for land value components of Contribution Plans. Our alternative is the use of either the ABS House Price Index – Established House Prices (Sydney) or another land price related index. Our submission also suggests that indexation should be permitted as frequently as quarterly if a council considers this necessary.

 

Plan administration costs cannot be a fixed percentage of the contribution

Under the current process, most councils – including Penrith City - apply a flat percentage of the total contribution cost to fund management of the plans. This cost covers staff, studies and consultants used in preparing and maintaining contribution plans in accordance with regulatory requirements. Under the new legislation and guidelines, all such costs will need to be quantified, described and included in the plan in more precise terms. This will require amended practice for Penrith City’s plans, but is considered reasonable and manageable and is not considered likely to reduce funds allocated to the preparation and management of the plans.

 

Use of unspent contributions in repealed plans

The draft guidelines advise that in those repealed plans where works have not been carried out due to various circumstances, the unspent funds should be put “towards the same public purpose for which they were paid in the first place”. For example unspent funds collected for road works should be put towards some other relevant road works. This guidance is welcome, appropriately flexible and provides Council with a framework for decision-making in relation to the 18 plans that will be reviewed over the next 18 months.

 

Clarification on Riparian lands

Riparian land is land along creeks and waterways. This land is often the location of proposed recreation and water management devices. Under the legislative changes and draft guidelines a definition will be provided for Riparian Corridors that will identify that stormwater facilities and systems, pedestrian/cycleways and land for passive open space are considered to be key community infrastructure even if they are located within a riparian corridor.  The Minister will be able to approve the dedication of land for riparian corridors through a planning agreement. This issue has not proved problematic for Council in the past and the direction is considered acceptable.

 

Performance monitoring/reporting and potential for processing delays

Councils will be asked to provide reports on infrastructure works and expenditure, apportionment, committed funds, retained balances, borrowings and interest.  Council’s existing management of Contribution Plans addresses these matters and hence these new requirements are not considered onerous.  However, as noted throughout this report, in addition to the above reporting, in several instances Direct and Indirect Contributions Plans and Planning Agreements will require the review and authorisation of the Department / Minister. Given these overview requirements, unless the DoP is provided with additional staff resources, there is a risk that the reviews will delay processing of Contribution Plans and Agreements and possibly delay development.

 

Proposed submission

In response to the draft DoP guidelines staff have prepared a draft response which is shown as Attachment A to this report. The major concerns raised in our proposed response, include:

·    Rejecting  the CPI indexing of contributions for land components of plans;

·    Suggesting the legal status – and hence enforceability of the guidelines be strengthened and made mandatory;

·    Encouraging better definition of “affordability” (in terms of assessing the impacts of contributions on development costs);

·    Suggesting the research for criteria on key infrastructure and its associated rates of application be cited and be more rigorous;

·    Suggesting more precision in recommending the thresholds at which infrastructure should be delivered in order to ensure equity of provision across the State;

·    Recommending excluding some items from suggested infrastructure lists (such as golf courses and high level provision of swimming pools) due to cost implications both within the contributions plans and in terms of councils’ ongoing maintenance costs

·    Recommending further instructions be included in the guidelines regarding negotiating Planning Agreements where infrastructure provision and the merit of the rezoning are linked.

·    Highlighting that the timeframe for completing review of all plans within 18 months may be unreasonable, especially for councils such as Penrith which have multiple plans.

 

Next steps

If Council endorses the draft submission contained at Attachment A to this report the next steps are as follows:

·    Forwarding the Council submission to the DoP by 26 February 2010

·    The Department reviews submissions and amends the guidelines where it thinks relevant

·    Amendments to the EP&A Act and Regulations relating to contributions plans is enacted

·    Reviewing, amending, repealing and where relevant re-making the 18 existing Contributions Plans applying across Penrith City over the 18 months following enactment of the amended legislation.

 

Conclusion

The amendments to the legislation and guidelines applying to Contributions Plans and Planning Agreements is essentially refining rather than revolutionising the system that currently applies. The proposed amendments are largely unexceptional, however certain aspects, such as those applying to indexing of plans, the ambiguity of affordability implications, the timeframe for reviewing existing plans and the basis of infrastructure criteria require reconsideration. The draft submission to the DoP attached to this report seeks review of these and other aspects of the draft guidelines in order that adverse implications for Penrith City are avoided or minimised. In light of the above, this report recommends adoption of the submission at Attachment A to this report.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Local Development Contributions Guidelines and regulation changes be received

2.     Council adopt the submission to the draft Local Development Contributions Guidelines shown at Attachment A to this report and that it be forwarded to the Department of Planning by 26 February 2010

 

ATTACHMENTS/APPENDICES

1.  

Submission to Department of Planning regarding draft Development Contribution Guidelines

10 Pages

Attachment

  


Ordinary Meeting

22 February 2010

A Liveable City

 

 

 

8

Tender Reference 30-09/10A Supply & Installation of Heating & Ventilation Plant at Ripples Aquatic Centre   

 

Compiled by:                Graham Howe, Building Projects Co-ordinator

Authorised by:             Hans Meijer, City Works Manager   

Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs

Strategic Direction: Council’s assets are based on ‘whole of life’ planning and costs

       

 

Executive Summary

This report advises Council on the outcome of a Tender for Supply and Installation of Heating and Ventilation Plant for Ripples Aquatic Centre.

 

A total of five tender responses were received and following a review of the tenders by the Evaluation Panel a determination was made to recommend the tenderer that would represent the best value for money to Council. The companies that submitted a response to the tender were as follows;

 

Airfast Air Conditioning Pty Ltd, Arctic Air Conditioning NSW Pty Ltd, Clark & Wootten Pty Ltd, Crest Air Conditioning Pty Ltd and Haden Engineering Pty Ltd.

 

Based on the evaluation criteria, independent risk analysis and best overall value for money, the Evaluation Panel is recommending that the contract for the Supply and Installation of Heating and Ventilation Plant for Ripples Aquatic Centre be awarded to Crest Air Conditioning Pty Ltd for a lump sum fixed cost of $523,667 (ex GST).

Background

Council allocated funds for major asset renewal works at Ripples Aquatic Centre, which included the upgrading of the heating and ventilation system.

 

Tenders for the Supply and Installation of Pool Water Heating Equipment for Ripples Aquatic Centre were advertised in the Penrith Press, Sydney Morning Herald and placed on the e-tendering web site on 12 January 2010. Tenders closed on Tuesday, 9 February 2010.

 

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, 21 January 2010.  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 Stephenson & Associates. The scope of works for the project included the removal of existing equipment, supply and installation of new heating and ventilation plant, all associated building works, pipe work, ducting, cabling, valves and fittings, painting and labelling, client operator training, testing, commissioning and provision of an installed drawings and operator manuals.

 

Within the specifications for the Tender, prospective tenderers were advised “Where brand names have been stated in the specification tenderers may offer an equivalent product. Tenderers offering an equivalent are required to provide substantive evidence that the specifications and performance is equal or better than the stated brand name”.

 

All tenders received were submitted on the basis of the brand names specified within the specifications of the tender.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Mal Ackerman (Supply Co-ordinator), Graham Howe (Building Projects Coordinator) and Louise Dawson (Acting General Manager-Ripples).

 

Tender Evaluation Criteria

The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents. The selection criteria advertised and used in selecting the successful tenderers were as follows:

·    Demonstrated ability & experience in the supply and installation of similar projects.

·    Project Completion times.

·    Demonstrated Compliance with Specified Requirements

·    Product Guarantees

·    Project Cost –The Lump Sum Tender Price

·    Other Cost impacts

·    Occupational Health & Safety and Public Liability Management.

·    Industrial Relations

·    Quality Assurance System.

·    Environmental Management System.

 

Summary of Tenders Received

A total of 5 submissions were received in response to the advertised tender as follows:

 

·    Airfast Air Conditioning Pty Ltd

·    Arctic Air Conditioning NSW Pty Ltd

·    Clark & Wootten Pty Ltd

·    Crest Air Conditioning Pty Ltd

·    Haden Engineering Pty Ltd

 

Evaluation of Offers

Technical Compliance

All tenders were assessed against the evaluation criteria based on their written submissions; all tenders submitted met all of the technical requirements.

 

 

Tenderer’s Capability

Airfast Air Conditioning Pty Ltd

They have been operating for over seven years and have undertaken numerous projects in the public sector. Although they have not undertaken work in an aquatic centre they would be capable of satisfactorily completing the specified works.

 

Arctic Air Conditioning NSW Pty Ltd

They have been in operation since 1999 and have completed several projects for the City of Sydney including work at the Cook & Phillip Park aquatic facility. This company would also be capable of satisfactorily completing the specified works.

 

Clark & Wootten Pty Ltd

They have been in operation since 2001 and have completed numerous commercial projects, although they have not undertaken work in an aquatic centre they would be capable of satisfactorily completing the specified works.

 

Crest Air Conditioning Pty Ltd

They have been in operation since 1980 and are a privately owned company based in NSW. They have undertaken several similar projects which include Springwood Aquatic & Fitness Centre, Blacktown Leisure Centre and PLC Croydon Indoor pool. They have demonstrated that they would be capable of satisfactorily completing the specified works.

 

Haden Engineering Pty Ltd

They have been in operation since 1969 and employ over 900 staff in Australia. They have completed numerous commercial projects and would be capable of satisfactorily completing the specified works. Haden currently maintains the air conditioning units on numerous Penrith City Council sites.

 

Price Evaluation

The following table shows the tendered lump sum prices from lowest to highest.

 

Tenderer

Lump Sum Tendered Price Excluding GST

Crest Air Conditioning Pty Ltd

$523,667

Arctic Air Conditioning NSW Pty Ltd

$528,893

Haden Engineering Pty Ltd

$556,186

Airfast Air Conditioning Pty Ltd

$556,536

Clark & Wootten Pty Ltd

$631,520

 

Summary

Although all companies demonstrated their capability in completing the specified works in accordance with the requirements, the tender submitted by Crest Air Conditioning Pty Ltd represents the best overall value for money to Council and is recommended for acceptance.

They have a proven track record in the industry and submitted the lowest tender.

 

 

Lifecycle Costs and Sustainability Improvements

The existing pool water heating system is at the end of its serviceable life and it was identified in Council’s Energy Savings Action Plan 2007 as requiring replacement due to utilisation of old technology and high energy consumption. The Energy Savings Action Plan recommended that more energy efficient heat pumps be used with estimated annual savings of $23,000 and 234tonnes of greenhouse gases.

 

The indicative maintenance costs are being developed with the manufacturer and are based on a 15 year lifespan for the equipment as specified in the technical specification. These costs will be appropriately reflected in Ripples’ operational budget and in Council’s Asset Management System and long term budget plans for this facility.

 

Financial Analysis

A third party financial analysis check was conducted for the recommended tenderer. There were no adverse findings and the tenderer demonstrated strong financial capacity to undertake the works.

 

Referee Checks

Third party referee checks were carried out on the recommended tenderer. In all cases reports indicated a very good to superior level of performance and customer satisfaction.

 

Comment by Tender Advisory Group (TAG)

The Council’s Legal and Governance Group Manager and the Acting Executive Officer met to review the tender in question. Further information was requested from members of the Evaluation Panel in respect of the specifications required within the tender, given the significant price variations from the tenders submitted. At this stage we were advised that all tenders submitted a tender based on providing and supplying the brand names of products that was specified within the specifications that all tenderers were required to comply with.

Based on the methodology used by the Evaluation Panel, the TAG supports the recommendation made within the Report to award the contract to Crest Air Conditioning Pty Ltd.

Financial Services Manager’s Comments

Council has allocated $1.5m for the building asset renewal of Ripples in the 2009-10 Operational Plan. The supply and installation of the Heating and Ventilation Plant at Ripples can be funded from the 2009-10 allocation and is within the remaining budget for this project.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 30-09/10A Supply & Installation of Heating & Ventilation Plant at Ripples Aquatic Centre be received

2.     A Contract for the Supply and Installation of Heating & Ventilation Plant be awarded to Crest Air Conditioning Pty Ltd for the lump sum fixed cost of $523,667 (ex GST)

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 February 2010

A Liveable City

 

 

 

9

NSW Communities - Sport and Recreation Facility Grant   

 

Compiled by:                Andrew Robinson, Recreation Manager

Authorised by:             Andrew Robinson, Recreation Manager  

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: Our neighbourhood, recreation and leisure facilities and programs meet community needs

       

 

 

Executive Summary

The report recommends that the development of an amenities building at Rance Oval and the construction of a playing field at Roper Road soccer field be identified as the subject of Council initiated submissions to NSW Communities – Sport and Recreation Facilities Grant Program.  The report provides a scope of works for these projects and identifies that matching funding is required in order to make the grant applications. It is proposed that Section 94 Developer Contributions from the Local Open Space Action Plan are utilised as the source of this matching funding.

 

The report also provides details of a grant application being proposed by Penrith Panthers BMX Club for floodlights at the BMX track at South Creek. Council at its meeting on 1 February 2010 requested that Council Officers investigate possible contributory funding opportunities in order for the club to be able to match fund an application for a $72,500 grant with the total cost of the project estimated at $145,000.

 

The report also advises that Council Officers are aware that other clubs and sporting associations from within the Penrith LGA have initiated and funded their own grant applications to the Facilities Program. Those that Officers have been advised of are:

 

-        Development and refurbishment of cricket practice nets at Jamison Park – Nepean

          District Cricket Association.

-        Construction of club facilities – Penrith Aero Modelling Club

-        Stadium Refurbishment – Penrith Valley Regional Sports Centre

 

The report recommends that a further report will be submitted to Council on the successful grants and proposed matching funding requirements.

 

Background

Communities NSW – Sport and Recreation released details of the Facility Grant Program in late December 2009 and initially published that grant applications could be made from 21st December until 5pm on 16th February 2010.  The application deadline has subsequently been extended until 5pm on 2nd March. The Facility Grant Program objectives are to:

1.   Increase regular and on-going participation opportunities in sport, recreation, or structured physical activity in a sustainable manner.

2.   Improve access for people from groups that traditionally find it difficult to access sport.

3.   Improve safety at sport and recreation facilities.

4.   To develop environmentally sustainable sport and recreation facilities.

5.   Assist people from identified groups that face barriers to participating in sport and recreation.

Grants are available from $500 - $200,000. The grant amount requested cannot be more than 50% of the project cost and organisational contribution can include voluntary labour. NSW incorporated, community based not-for-profit organisations and NSW Local Government Authorities are eligible to apply.

Current Situation

Since the announcement of the grant criteria Council Officers have considered the opportunities for applications from Penrith City Council and have progressed funding submissions for two projects. The proposed projects are:

1.       The development of amenities and changing facilities at Rance Oval.

Penrith District Grade Cricket Club uses Rance Oval for 5th Grade Cricket. The public toilets and changing facilities in the park are currently inadequate to service players, spectators and the general public and there is inadequate storage and shade facility in the park. Furthermore, the location of the existing amenities has historically attracted a degree of anti-social behaviour.

Council’s Local Open Space Action Plan identifies that the development of a new amenities facility is required in the Park. A project has therefore been designed which, if developed, will:

-        Provide an amenities facility which will serve the needs of the existing user group    but will also ensure that the Oval has the potential to be utilised by other sports.

-        Remove the need for the existing facility with the new amenities building to be        located on the eastern side of the oval with improved passive surveillance. The         identified location will provide facilities for;

-        the public using the local shops,

-        participants in sport and recreation activities in the park, including users of a proposed Universal Designed playground at the facility should Council adopt the Rance Oval Master Plan when it is submitted.

The draft Master Plan for Rance Oval, in its present state, would require the construction of two accessible toilets in the precinct with one being for the cricket pavilion and one adjacent to the playground. It is envisaged that the project proposed for the grant application will provide accessible toilet facilities that will serve both cricket and the playground saving the cost of providing two separate toilets. 

The scheme, as currently developed will cost approximately $450,000. The Local Open Space Action Plan identifies a $250,000 allocation for the project. It is therefore proposed that an application for the maximum grant of $200,000 is submitted to NSW Communities – Sport and Recreation Facilities Grant Program and that, should the application be successful, the budget identified in the Local Open Space Action Plan is allocated to the project.

Financial Services Manager’s comment

 

The develop of a new amenities block at Rance Oval, incorporating public and accessible toilets as well as changing facilities and club accommodation has been identified in the Local Open Space Developer Contributions Plan. The Council contribution of $250,000 required as part of this grant application could be funded from the allocation within the Plan. The budgeted closing balance of this plan as at 30 June 2010 is a deficit of $386,334. Therefore it would be proposed that should this application, along with others funded by this plan, be successful that external borrowings, repaid by the plan, should be considered for inclusion in the 2010-2011 Operational Plan to address any increased deficit.

 

2.       The development of a soccer field at Roper Road.

 

Concept plans for the construction of two playing fields at Roper Road have been developed, however the costs involved in construction and land rehabilitation significantly exceed current funds available. Therefore a project has been developed to fit within a $250,000 budget which could be achieved if a grant application to NSW Communities is successful for $125,000 and Council chooses to contribute $125,000. Council’s $125,000 match funding is currently identified in the Local Open Space Action Plan for the project.

 

The $250,000 will be expended on:

 

-        Rehabilitation of land and earthworks $100,000

-        Floodlighting consistent with the Australian Standard for sports training $50,000

-        Automated sub soil irrigation system $40,000

-        Installation of a 30mm growing medium and turf $40,000

-        Temporary storage and contingency $20,000

 

Sports that utilise this facility will use the existing car park and amenities located at Roper Road Playing Fields to the north of the site.

 

This project was previously unsuccessful in a submission for NSW Community Building Partnership Funds. Council previously endorsed $125,000 matching contribution from the Local Space Open Plan (borrowed against future balance) when the scheme was submitted for the Partnership Funds.

 

Financial Services Manager’s comment

 

The provision of an additional field on this site is included in Local Open Space Plan.  Council’s contribution of $125,000 is within the allocation of the Plan. The budgeted closing balance of this plan as at 30 June 2010 is a deficit of $386,334. Therefore it would be proposed that should this application, along with others funded by this plan, be successful that external borrowings, repaid by the plan, should be considered for inclusion in the 2010-2011 Operational Plan to address any increased deficit.

 

Penrith Panthers BMX Application

 

In addition to the grant applications proposed by Council, Penrith Panthers BMX will be submitting a grant application for the installation of floodlights at the South Creek track. The revised estimated cost of this project is $145,000 and the club have indicated that they are likely to be able to contribute $10,000. For a grant submission to be made to NSW Communities – Sport and Recreation matching funding of $75,000 is required. Therefore there is a shortfall of $62,500 between the club’s contribution and the matching funding required.

 

The club’s proposed project is to install floodlights at the track and a lighting design has been prepared by a specialist lighting company. The design advocates for the installation of a ‘green generation lighting system’ which provides both power savings and reductions in greenhouse gas emissions compared with traditional systems.

 

The club have provided examples of how the installation of floodlights will benefit the club and the facility in their grant application, a copy of which has been provided to Councillors under a separate cover. In summary, the club, which currently has 125 members has hosted a number of major BMX events, and has supported Council by participating in initiatives such as Active Penrith Month, and believes that floodlights will enable them to:

 

-        Increase regular and on going participation opportunities.

-        Improve access for people from groups that find it traditionally difficult to access sport.

-        Improve safety conditions at the facility.

-        Contribute to developing a sustainable sport and recreation facility.

 

In response to Council’s request, at its Ordinary Meeting on 1 February 2009, Council Officers have investigated possible sources of matching funds.  The evaluation has identified the Recreation Reserve as a potential budget source.

 

$64,000 has currently been ‘loaned’ from the Recreation Reserve to the project to redevelop Cranebrook Park. The redevelopment of this Park has a budget allocation in the Waterside Section 94 Plan however the total amount of required contributions were not available to support the first stage of development at the Park. To progress the first stage of development Council endorsed that the Recreation Reserve supplement the existing Section 94 contributions collected.

 

Financial Services Manager Comment

A funding source for Council’s contribution to this project has not been identified to date. Council’s Recreation Reserve, formerly the Tennis Court Reserve, was established to act as a source of funds when urgent repairs to Tennis Courts and to facilitate the provision and planning of recreation and leisure facilities throughout the City.  The Reserve receives an annual contribution from Tennis Court operations and in recent years has made contributions to fund the provision of turf wickets at Jamison Park No 5 and Dukes Oval practice wickets ($66,000), the commissioning of the Sportsground Management Strategy ($71,310), Healthy Eating promotions at Active Penrith Events 2009 ($12,000) and Venue upgrades for World Masters Games – Baseball ($11,730). The projected balance of the Recreation Reserve as at 30 June 2010 is $7,666. The 2009-10 Operational Plan provided a contribution of $64,000 from the Recreation Reserve to redevelop Cranebrook Park.  This contribution was to be repaid from the Waterside Section 94 Plan once funds were available.  It is projected that the Waterside Section 94 Plan will have the capacity to repay this contribution in the 2010-11 financial year.  Given that the likely commencement of this project is 2010-11 Council could consider allocating $62,500 from the Recreation Reserve in 2010-11 as the Council Contribution.  Should this grant application be successful and this funding source used, after taking into account the proposed repayment of the contribution to the redevelopment of Cranebrook Park for the Waterside Section 94 Plan, the projected balance of the Recreation Reserve as at 30 June 2011 would be $20,677.   The use of this funding source could limit Council’s capacity to respond to any other priorities that may emerge for the Recreation reserve of the next 18 months.

 

3.       Externally initiated grant applications

 

Finally, Council Officers are aware of three other grant applications being made. The Nepean District Cricket Association has developed a scheme to upgrade the cricket practice nets at Jamison Park, Penrith Valley Regional Sports Centre are submitting an application to assist with the redevelopment of the facility, and the Penrith Aero Modelling Club are seeking to construct club facilities at the site that they currently use in Emu Plains. No requests have been made to Council Officers for financial assistance with these projects. There may be other projects being submitted by sports organisations in the City but information about these has not been received by Council Officers.

 

Conclusion

The NSW Communities – Sport and Recreation Facilities Grant Program provides an opportunity for both Council and community sports clubs and associations to apply for funds to develop facilities that currently do not have the full budget allocation to complete the project. It is anticipated that the announcement of successful grant applications will be made in June 2010.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Communities - Sport and Recreation Facility Grant be received

2.     Council endorse the submission of the grant applications to NSW Communities – Sport and Recreation Facilities Grant program for the development of an amenities building at Rance Oval and a playing field at Roper Road.

3.     A further report will be submitted to Council on the successful grants and proposed matching funding requirements

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Vibrant City

 

Item                                                                                                                                       Page

 

10      Annual Reporting on Energy and Water Consumption at Council Facilities for 2008-09

 

 



Ordinary Meeting

22 February 2010

A Vibrant City

 

 

 

10

Annual Reporting on Energy and Water Consumption at Council Facilities for 2008-09   

 

Compiled by:                Krystie Race, Sustainability Research Planner

Authorised by:             Paul Grimson, Sustainability & Planning Manager   

Strategic Objective: We encourage sustainable production and technologies

Strategic Direction: We will reduce our ecological footprint by using sustainable methods of production, consumption and technologies

       

 

Executive Summary

This report provides an update on the status of Council’s energy and water consumption for the 2008-09 reporting period. Penrith City Council actively manages it’s consumption of energy and water through the implementation of Council’s water and energy action plans, Water Way and Carbon Neutral, as well as our Energy Savings Action Plan and Water Savings Action Plan.

 

Together, these plans provide a coordinated framework to target our highest consuming facilities, improve our overall resource management and identify additional areas for improvement.

 

Background

The management of energy and water resources is an integral part of Council operations, with

Council’s Strategic Plan 2031 calling for a leadership role to be exercised in terms of responsible resource management, energy and water conservation and sustainable consumption and procurement.

 

In keeping with these objectives, Council has been progressing energy and water conservation measures through the adoption and implementation of Council’s overarching water and energy action plans, Water Way and Carbon Neutral.

 

In addition to these broad plans Council also has more specialised plans for our top energy and water consuming facilities, the Energy Savings Action Plan (ESAP) and Water Savings Action Plan (WSAP). These plans were developed in response to legislation gazetted by the NSW State Government in 2006 and complement our water and energy action plans and align closely with them.

 

As part of the process of developing our ESAP and WSAP Council was required to undertake a review of our management practices to ensure water and energy efficiency is incorporated into existing management practices of the organisation and accountabilities are identified. This process involved key facility managers from across the organisation and established the Facilities Managers Team.

 

The Team meets on a six monthly basis, bringing all of the key players together to discuss issues, progress and plans associated with Council’s water and energy consumption and management.

                                                        

At the meetings Facility Managers are provided with updates on the WSAP and ESAP, Council’s Data Management System, projects undertaken through the Sustainability Revolving Fund, and any other relevant projects. These meetings also provide an opportunity to discuss new and proposed sustainability initiatives taking place across the organisation and to share ideas and experiences. The last Facility Managers Meeting was held 23 November 2009, with the annual reports on both the ESAP and WSAP presented at this meeting, along with an update of Council’s water and energy consumption for the 2008-09 financial year.

 

Water Consumption 2008-09

During the 2008-09 reporting period Council consumed 178,644 kilolitres of water across all of Council facilities. While this represents a 3.92% increase in water consumption from 2007-08, this is still an overall reduction of 37.4% in water consumption from the 2001-02 baseline year. This result surpasses the 15% water consumption reduction goal set by Council in its Water Way plan.

 

These savings have been achieved through a broad range of water savings initiatives, including the installation of rainwater tanks at Council’s depot, children’s centres, community buildings and swimming centres, as well as improved irrigation practices at our parks and playing fields, and the adoption of water efficient technologies and practices.

 

Water management has also improved significantly and in April 2009, Council was officially recognised as having an accredited 5-Star Water Management System under the Sydney Water Every Drop Counts Business Program, confirmed through an independently verified Water Management Audit.

 

Information on community water consumption is not yet available for the 2008-09 financial year from Sydney Water; however it is important to note that previous years have seen excellent water savings implemented by the community as a whole. The 2007-08 period saw community water consumption fall by 28% against our base year (2001-02), again exceeding Council’s reduction goal for the community.  This is a significant achievement, particularly as these figures do not take into account the growth that has been experienced in both residential and non-residential sectors over that period of time.

 

These reductions are attributed to a range of factors both internal and external to Council, including mandatory water restrictions, an increase in the installation of rainwater tanks and other water saving devices through the provision of rebates, a rise in greywater re-use, effective water conservation education programs, and changed attitudes within the community towards water use and water conservation. Council has played a role in informing and educating the community on water issues, and in promoting available rebates and water saving technologies.

 

WSAP Annual Report

Council’s third WSAP Annual Report (for the reporting period 1 July 2008 to 30 June 2009) was submitted to NSW Department of Environment, Climate Change and Water (DECCW) on 30 September 2009 and was approved on 16 October 2009.

 

This report highlighted Council’s success in achieving significant water reductions at our highest water using facilities through a program of retrofits and upgrades. During the 2008-09 reporting period Council facilities contained in the Water Savings Action Plan have collectively reduced their potable water consumption by 50% since the baseline year (2001-02) (Table 1).

 

Table 1: Consumption of Council’s WSAP water intensive facilities.

 

 

Original Rank

 

New Rank

 

Facility

Baseline Water Consumption

2001-02 (kL)

2008-09

Water

Consumption

(kL)

 

%

Change

1

1

Ripples Leisure Centre

29,575

24,085*

-18.6%

2

3

Civic Centre

25,173

7,198*

-71.4%

3

11

Parker St Reserve

10,035

3,827

-61.9%

4

15

Community Connections/Top One Restaurant

10,001

3,327*

-66.7%

5

12

Mark Leece Sporting Oval

9,694

3,761

-61.2%

6

2

Penrith Swim Centre

9,618

8,197*

-14.8%

7

6

Peppertree Reserve

9,527

5,138

-46.1%

8

10

Penrith Whitewater Stadium

7,108

4,039

-43.2%

9

21

Andromeda Dr Reserve

6,781

2,493

-63.2%

10

64

Nepean Rugby Park

Andrews Rd Cranebrook

6,665

590*

-91.1%

11

26

Joan Sutherland Performing Arts Centre

5,887

1,989*

-66.2%

12

31

Greygums Oval

5,492

1,711*

-68.6%

13

9

Lemongrove Gardens Hostel

5,443

4,395*

-19.3%

14

22

Banks Dr Reserve

5,351

2,470

-53.8%

TOTAL

146,350

73,220

-50.0%

*Figure extracted from Planet Footprint Data and Every Drop Counts

 

The main highlights from the Annual Report included:

·    All facilities in the WSAP (as shown in Table 1) have reduced their water consumption in 2008-09 compared to baseline levels;

·    10 of the 14 facilities have reduced their consumption to a point where they no longer qualify for a position on the list (i.e. water consumption is now less than 5,000 kL per annum), an additional three facilities since 2007-08;

·    The significant reduction in consumption at Nepean Rugby Club and Greygums Oval can be attributed to the utilisation of recycled water for the irrigation of these parks; and

·    Several actions, deemed to be cost effective, remain outstanding and scheduled for completion in the 2009-10 reporting period.

 

It is worth noting that since the baseline (2001-2002) four new facilities, including Cook Park, Mt Pleasant Shopping Centre, Penrith Valley Sports Stadium and Blair Oval Athletic Amenities are now captured in Council’s top 10 water consumers in 2008-09. These facilities will need to be investigated in an attempt to identify potential causes for the high water consumption at these sites, along with strategies to address these issues and any additional savings that may be possible.  These sites are likely to be included in the next version of the WSAP, which is due for completion in September 2010.

 

WSAP Actions

In 2008-09 Council implemented a range of actions resulting in a saving of 1009kL of potable water per annum. This reduction in water consumption can be attributed to the following actions:

·    Retrofitted an additional 8 toilets with 5L cisterns at Civic Centre;

·    Replaced an additional 3 cisterns with dual flush cisterns in Community Connections Building;

·    Replaced 15 cisterns with dual flush in Top One Family Restaurant;

·    Installation of a return to base irrigation monitoring system to program irrigation plans from desktop PC at Mark Leece Sporting Oval;

·    Installation of automatic moisture sensor to irrigation system at Nepean Rugby Club; and

·    Installation of automatic moisture sensors to irrigation system and rain sensor at Greygums Oval.

 

Overall Council has reduced potable water by 7329 kL per annum from actions implemented since the Plan was adopted in 2006.

 

The remainder of the consumption reduction that has been realised is believed to be due to greater Council commitment to water conservation, changing consumption behaviours within the organisation and the introduction of water restrictions in 2006.


Energy Consumption 2008-09

In regards to energy consumption, during the 2008-09 reporting period Council consumed 80,545 gigajoules (GJ) of energy across all Council facilities resulting in greenhouse gas emissions of approximately 22,802 tonnes of CO2-e.  This represents a 10% decrease in energy consumption from the 2007-08 reporting period.

 

Several projects were implemented outside of the ESAP actions that resulted in savings in the 2008-09 period. These projects included the installation of:

§ heat reflective roof paint at Community Connections;

§ daylight saving control units at Judges Car Park;

§ variable speed drives to air conditioning water pump at the Civic Centre; and

§ solar panels at Kingswood and Floribunda Neighbourhood Centres.

 

Collectively, this has resulting in a reduction of 126 tonnes of CO2-e and a saving of 428 GJ of energy per annum.

 

It should also be noted that Council’s use of accredited green electricity has avoided the emission of 129 tonnes of CO2-e in the 2008-09 reporting period.

 

ESAP Annual Report

Council submitted the second Annual Report for the ESAP (for the reporting period 1 July 2008 to 30 June 2009) to NSW Department of Environment, Climate Change and Water (DECCW) on 31 October 2009. This report highlighted Council’s success in achieving energy reductions at our highest energy using facilities through a program of retrofits and upgrades.

 

During the 2008-09 reporting period Council facilities contained in the ESAP (Table 2) have collectively reduced their energy consumption by 3.4% from the 2007-08 reporting period, with a 2% increase since the baseline year (2005-06). 

 

As demonstrated in the table, six facilities contained in the ESAP (Table 2) have reduced their consumption from baseline (2005-06) levels, however Street Lighting, the Queen Street Centre, Ripples and Community Connections have shown an increase in energy consumption over this period of time.

 

Table 2:  Consumption of Council’s ESAP energy intensive facilities

 

 

Original Rank

 

New Rank

 

Facility

Baseline Energy Consumption 2005-06 (GJ)

2008-09 Energy Consumption (GJ)

 

% Change

1

1

Street Lighting

30,567

32,779*

+7.2%

2

4

Penrith Whitewater Stadium

11,495

9,267*

-19.4%

3

2

Ripples Leisure Centre

11,256

12,838

+14.1%

4

3

Civic Centre

10,217

10,156

-0.6%

5

5

Penrith Memorial Swimming Pool

2,988

2,913

-2.5%

6

8

Joan Sutherland Performing Arts Centre

1,829

1,678*

-8.2%

7

7

Queen Street Centre

1,540

1,867

+21.2%

8

12

Works Depot

900

587

-34.7%

9

9

Community Connections

834

995

+19.3%

10

15

St Clair Recreation Centre

461

412

-10.6%

TOTAL

72,087

73,492

+2%

*Figure extracted from Planet Footprint Data and Webgraphs

 

The Queen Street Centre and Community Connections will be investigated in an attempt to identify potential causes for the increase in consumption at these sites, along with strategies to address these issues and any additional savings that may be possible. 

 

Ripples are in the process of making significant progress towards addressing their increased energy consumption through the recent order of pool blankets, and currently have a tender out for the supply and installation of pool water heating equipment to replace the existing inefficient system.  These initiatives should see substantial improvements in the following reporting period.

 

Finally, Street Lighting continues to be a major user of energy with limited opportunities for potential savings as the City continues to expand and demands for services increase. 

 

It is also worth noting that two facilities contained in the ESAP, the Works Depot and St Clair Recreation Centre, have reduced their consumption to a point where they no longer qualify for a position in the top 10 energy intensive sites. These facilities have been replaced with Lewers Art Gallery and Judges Place Carpark. The facilities will need to be investigated in an attempt to identify any additional savings that may be possible. 

 

ESAP Actions

In 2008-09 Council implemented a range of actions identified under the ESAP resulting in a saving of 1452 GJ of energy and 427 tonnes of CO2-e per annum.  This reduction in energy can be attributed to the following actions:

·    lighting upgrades at several facilities;

·    adjustments to the Building Management Systems at the Civic Centre and the Joan Sutherland Performing Art Centre to ensure efficient operations;

·    reduced pump usage and replacement of the Power Factor Correction unit at Penrith Whitewater Stadium;

·    installation of Power Factor Correction units at Penrith Memorial Swimming Centre and Ripples Leisure Centre;

·    replacement of an air conditioning chiller at the Civic Centre;

·    installation of timers on hot water boilers and PABX ventilation fan connected to a thermostat at the Queen Street Centre; and

·    installation of a heat pump hot water system at the Joan Sutherland Performing Art Centre.

 

The remainder of the consumption reduction can be attributed to active energy management and ongoing monitoring and evaluation of electricity usage to identify opportunities to conserve energy.

 

Overall Council has reduced energy consumption by 2605 GJ and 758.9 tonnes of CO2-e per annum from actions implemented since the Plan was adopted in 2007.

 

Conclusion

Council has made significant progress on actions outlined in the Water and Energy Savings Action Plans. This has reduced potable water consumption by 7329 kL per annum from actions implemented under the WSAP and 2605 GJ of energy and 758.9 tonnes of CO2-e per annum from actions implemented under the ESAP.

 

While significant progress has been achieved in water and energy management there are still some outstanding actions in the WSAP and ESAP identified in the Annual Reports. These actions should be addressed in 2009-10 to avoid ongoing reporting of non-compliance.

 

Energy consumption remains an ongoing issue for Council as we continue to expand our services and facilities. In order to reduce our emissions from our baseline year a number of significant projects will be required to be implemented, along with an assessment of the potential for the application of renewable energy technologies to reduce our reliance on the electricity network.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Annual Reporting on Energy and Water Consumption at Council Facilities for 2008-09 be received

2.     The outstanding cost effective actions outlined in the Energy and Water Savings Action Plans are implemented in the 2009-10 financial year.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                       Page

 

11    Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo  . Applicant: Stephen E Joyce;  Owner: Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd DA08/1205

 

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

 

 



Ordinary Meeting - Urgent Report

22 February 2010

A Green City

 

 

 

 

Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo    Applicant:  Stephen E Joyce;  Owner:  Meadowbank Education Incorporated (MET) Kellyville Campus Pty Ltd    

DA08/1205

Compiled by:                Allison Cattell, Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption

Strategic Direction:  We respond to the impacts of climate change, and support the principles of sustainability

      

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

 

Executive Summary

Council is in receipt of a development application for a Proposed Educational Establishment (School) comprising three buildings (a single storey primary school building, a two storey secondary school building with basement level car parking and a single storey hall) with associated agricultural studies area, landscaping, car parking, sewerage and demolition of existing dwelling at 227 Seventh Avenue Llandilo.

 

The subject development application proposes use of three lots for the purposes of a private school catering for a maximum intake of 150 students. The site is currently zoned 1(A) – General Rural under Penrith Local Environmental Plan No.201 – Rural Lands and the proposed “educational establishment” is a permissible use in this zone subject to Council consent. Under Penrith draft Local Environmental Plan 2008, the site is proposed to be zoned RU4 – Rural Smallholdings with the proposed development being classified as a “school” which is a permissible use subject to Council consent.

 

A private sewer line is proposed to connect the site to the western side of The Northern Road. The proposed route of this infrastructure from the site is Third Avenue, Eighth Avenue, Terrybrook Road, Ninth Avenue and across The Northern Road. A Private Pipeline Agreement is to be entered into with Penrith Council to arrange for the precise location and management of this line.

 

The key issues raised throughout the assessment include provision of services, sewerage infrastructure and likely impacts pertaining to rural character, landscaping, heritage, the scale of the development, traffic and car parking, acoustic performance, privacy and the compatibility of the proposed development with the surrounding community. It has been demonstrated that the likely impacts will be mitigated to be reasonable.

 

This matter was reported to Council 1 February 2010 where it was resolved to defer the item for consideration at the next Ordinary meeting, subject to further consultation with the community. A public meeting was held 16 February 2010 with the community, Councillors and Council staff representatives. Issues raised are addressed throughout this report.

 

In accordance with the following development assessment report, the application is recommended for approval, subject to recommended conditions of consent.

Background

A pre-lodgement meeting was held at Council on 6 May 2008 addressing permissibility, applicable planning instruments, rural character, consolidation of lots, proposed student intake, landscaping, traffic generation and parking, security and safety, waste management (both operations and construction), drainage and on site detention of stormwater, private sewerage, water quality, accessibility, and acoustic performance.

 

A further meeting was held 17 November 2008 for a review of plans and information in response to the above prior to the lodgement of a development application. This was to discuss the completeness of necessary documentation in response to identified issues.

Site and surrounds

The subject site is approximately 3.04 hectares in area and is situated on the northern side of Seventh Avenue, Llandilo (See Locality Plan - Appendix No.1). The three (3) subject lots are approximately 1.1 kilometres east of Terrybrook Road and approximately 50 metres east of the intersection of Third and Seventh Avenues, Llandilo.

 

Llandilo Public School is located on Seventh Avenue Llandilo, approximately 450 metres east of the proposed development. The surrounding area is characterised predominantly with rural land uses. Adjoining properties are approximately one (1) hectare in area with single detached cottages with associated outbuildings clustered in close proximity to each other and the road frontage.

The Proposed Development

The application proposes the following:

 

·    Use of the site as an educational establishment for a maximum of 150 students

·    Operating hours from 7am to 6pm Monday to Friday

·    Occasional evening use

·    Occasional Saturday use for daytime functions

·    Demolition of an existing cottage identified as having heritage significance within the Draft Local Environmental Plan 2008 (currently on exhibition)

·    Consolidation of three lots

·    Construction of three buildings comprising a separate primary (single storey) and secondary school (two-storey) building and a hall

·    Construction of a lift in the secondary school building for accessibility purposes

·    Basement level car parking for 27 spaces and outdoor car parking for 15 spaces in the front setback (each car park with an accessible space)

·    2.7 km of private sewerage from the subject site to an entry point to Sydney Water’s sewer main on the western side of The Northern Road (See proposed sewer location - Appendix No.2)

·    On Site Detention (OSD) of stormwater comprising four (4) tanks with three (3) being for re-use with the car parking tank being treated prior to release into Council’s existing stormwater system

·    Construction of a fence surrounding communal areas for acoustic purposes

·    Construction of boundary fencing comprising black cyclone mesh fence to a height of 1.8 metres with security fencing and gates along the street frontage

·    Use of remaining site for agricultural study purposes

·    Protection of majority of existing trees and additional landscaping.

 

The following reports and plans form part of the development application:

 

·    Statement of Environmental Effects prepared by PGH Environmental Planning (No. SEE 08-0284)

·    Preliminary Environmental Site Assessment prepared by Aargus Australia

·    Environmental Site Assessment prepared by Aargus Australia

·    Statement of Heritage Impact prepared by Archnex Designs

·    An opinion from a Heritage Consultant of NBRS (Noel Bell Ridley Smith) + PARTNERS

·    Noise Assessment prepared by RSA Acoustics, report No.3688

·    Acoustic Response prepared by RSA Acoustics

·    BCA details including Part J, referenced 4487bcadet, prepared by Dutaillis Architects

·    Accessibility Report prepared by Peter Simpson and associated clarifying document

·    Assessment of Traffic and Parking Implications prepared by Transport and Traffic Planning Associates, reference 07160

·    Proposed Car Parking Plan prepared by Dutaillis Architects

·    Asbestos Materials Assessment prepared by Aargus Australia

·    Plans of proposed drainage, file number 59118

·    Landscape plan numbered 1993, prepared by Monaco Designs

·    Detailed survey prepared by Freeburn Surveying reference 31150

·    Site plan, Basement Plan, Ground floor plan, first floor plan, elevations, sections, dimensioned plans and roof plan (4487-13-03 to 4487-13-12 respectively) prepared by Dutaillis Architects

·    Shadow diagrams (4487-11-02)

·    Feasibility Report by Sydney Water

·    Flora and Fauna Impact Assessment prepared by Keystone Ecological reference PCC 08/-213

·    Tree Survey Summary prepared by About Trees.

 

The sewer location, site, ground floor, first floor, basement and elevation plans are attached for reference (Appendix No.2 to Appendix No.7 – A3 copies will be provided to Councillors under separate cover).

Planning Assessment

The development has been assessed in accordance with the Environmental Planning and Assessment Act 1979, and the following issues have been identified for further consideration:

Environmental Planning and Assessment Act, 1979

Section 5A – Significant effect on threatened species, populations or ecological communities, or their habitats

Existing stands of vegetation and associated understorey is proposed to be retained on the site with development being located on an existing cleared portion of the site within the proposed property boundaries of Lots 227, 227A and 228. Following review of the development application by Council’s Senior Environmental Health Officer, a Flora and Fauna Impact Assessment was requested to be provided to assess the significance of any flora and fauna along the proposed sewer line.

 

This was prepared by Keystone Ecological and included a ‘test of significance’ (7-Part Test) undertaken for relevant flora and fauna as established from literature review, guidelines and site survey. The survey of the site identified one endangered ecological community, Cumberland Plain Woodland and one threatened flora species, Grevillea juniperina subspecies juniperina within the subject site. However, the following conclusion and recommendations were made:

 

“The assessment of likely impact under the New South Wales TSC [Threatened Species and Conservation] Act (1995) concluded that a significant impact is not likely to occur upon any state listed threatened species, populations or endangered ecological communities. Therefore, a Species Impact Statement is not recommended to be prepared for the proposal”.

 

The report recommends actions to minimise impact upon the identified flora and likely fauna species and communities. This includes active control of weeds, avoidance of foreign soil within the sewerage trench, location of sewer line as close as possible to the road reserve and outside the drip line of trees, excavation methods during construction of the proposed sewer line, implementation of landscaping that is sympathetic to the locality and avoidance of nectar-producing plants.

 

Council’s Environmental Health Department reviewed the report and raised no objections subject to recommended conditions that adopt the recommendations of the report (Standard Condition A001 and Special Condition 2.2).

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

State Environmental Planning Policy (SEPP) No.55 – Remediation of Land

A consent authority must not grant consent to the carrying out of any development on land unless it has considered whether the land is contaminated, suitable for the proposed use and whether remediation is required.

 

In accordance with Table 1 of “Managing Land Contamination: Planning Guidelines SEPP 55 – Remediation of Land” the site is identified as having been used for farming purposes. As such, a preliminary environmental site assessment was submitted by the applicant upon lodgement of the development application. This report provided the following conclusion:

 

“It is recommended that a Phase 2 environmental site assessment (ESA) be undertaken to determine if contamination has occurred within the site…”

 

The applicant was requested to provide a detailed investigation given the conclusion within the preliminary environmental site assessment. The findings of the ESA include:

 

“Based on the results of this investigation it is considered that the risks to human health and the environment associated with soil contamination at the site are low in the context of the proposed use of the site as a school. The site is therefore considered to be suitable for the proposed use”.

 

Both the preliminary and the detailed environmental site assessment reports were referred to Council’s Environmental Health Department where no objection was raised to the proposed development, subject to recommended conditions (Special Condition 2.3).

State Environmental Planning Policy (SEPP) 2007 (Infrastructure)

This policy states that development for the purpose of educational establishments may be carried out with consent on land in a prescribed zone, which is the case for the subject site.

 

In accordance with Clause 104, this policy classifies the proposed development as ‘Traffic-Generating Development’ as the proposed school proposes more than fifty (50) students. The application was referred to the Roads and Traffic Authority’s (RTA) Sydney Regional Development Advisory Committee (SRDAC) and they have advised that the RTA have reviewed the development application and raise no objection to the proposed development subject to recommended conditions of consent (Special Condition 2.4).

 

In accordance with the policy, the following is noted:

 

·     The site is accessible for both required vehicles and pedestrians;

·     The need for travel by car to the site has been minimised through the provision of mini-bus pick-up and drop-off arrangements;

·     Traffic safety, road congestion and car parking has been assessed as satisfactory and conditions are recommended to provide for this outcome.

It is recommended that a copy of any determination made for this development application be sent to the Roads and Traffic Authority within 7 days.

Sydney Regional Environmental Plan (SREP) N0.20 – Hawkesbury/Nepean River

The aim of this policy is to “protect the environment of the Hawkesbury Nepean River system by ensuring that the impacts of future land uses are considered in a regional context”.

 

Clause 5 requires that consideration be given to the aims of the plan, the strategies listed in the Action Plan of the Hawkesbury Nepean Environmental Planning Strategy, whether there are any feasible alternatives to the development, the relationship between the different impacts of the development/proposal and the environment and how those impacts will be addressed and monitored.

 

A key strategy is to protect the environment of the Hawkesbury-Nepean River system by ensuring the impacts of future land uses are considered in a regional context. The proposal provides for planting of native vegetation of local provenance, retention and management of existing vegetation, stormwater management including reuse for irrigation purposes, and effluent disposal via a private sewer line as opposed to being applied to the land.

 

Although there is not an alternate site in which to construct the proposed development, alternative systems for environmental performance of the site were considered. Particularly, the private sewer line is above the minimum requirement for effluent disposal.

 

The applicant has confirmed that the areas shown to be used on plans for agricultural study purposes are not intended to be used intensively for this use advising that it is a permitted land use and does not require consent. Given the scale of the proposed school and based on the confirmation that the use will not be intensive, it is reasonable to conceive that ancillary agricultural studies will be of a small scale where consent is not warranted. To secure this intention, conditions of consent are recommended to provide for confirmation of the agricultural activities and associated management within an Operational Management Plan (OMP) (Special Condition 2.5).

 

The application is consistent with the general planning considerations (Clause 5), the specific planning policies and strategies (Clause 6), development controls (Clause 11) and the aim of the policy.

Penrith Local Environmental Plan No.201 (Rural Lands) (LEP 201)

The subject site is zoned 1(A) – General Rural zone under the provisions of Penrith LEP No.201. The proposal is defined as an ‘educational establishment’ which is permissible within the zone subject to development consent.

 

The relevant aims and objectives of both the LEP and the 1(A) – General Rural zone are:

 

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

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

c)    To protect productive agricultural and horticultural land which supplies produce to the Sydney Markets; and

d)    To protect valuable deposits of extractive materials, and

e)    To ensure that development does not create unreasonable demands, now or in the future, for provision or extension of public amenities or services, and

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

g)    To ensure that the form, siting and colours of buildings, building materials, and landscaping complement the natural scenic quality of these localities, and

h)    To ensure that where development is to be located on or near ridgetops, it will not significantly intrude into the skyline or detract from the scenic amenity of the locality, and

i)     To ensure that views from main roads and the rural character of the locality will not be adversely affected; and

j)     To ensure that the development will not lead to excessive soil erosion or run-off.

 

The following aspects of the proposal secure these objectives:

 

·    The site is to be landscaped in accordance with the landscape plan which provides for native planting and screening opportunities particularly along the southern (front) and eastern (side) boundaries of the property;

·    The existing vegetation on site will be retained and embellished. Conditions of consent are recommended to provide for their implementation, protection and maintenance (Standard Condition L001 to L003, L005 to L008 and L012);

·    There is a large proportion of the site that will not be subject to any building work. This land is not prevented from being used for horticultural activities subject to any necessary approvals and/or licenses for that use being obtained;

·    There are no known deposits of extractive materials on the site;

·    Public amenities and services are not required as a result of this application. A private sewer line is proposed to service the school to remove the need to dispose of effluent on the land. In response to questions pertaining to use of community facilities, the applicant has advised that “the school provides both outdoor and indoor areas for use by students for sporting and recreational activities. Should additional facilities be required it is anticipated that the school will access such external facilities (e.g. for swimming carnivals) and pay for the use of that facility”;

·    The proposed development was reviewed by the RTA’s SRDAC for traffic generating development purposes, RTA for works beneath a classified road, Council’s Traffic Engineer and Development Engineer with no objection being raised to the proposal subject to recommended conditions of consent (Special Condition 2.4 and 2.6);

·    The proposed school and associated structures are of a scale proportionate to the size of the lot. The built form will be sited to provide for adequate buffers to the road frontage and other boundaries of the property. Verandah and courtyard elements have been incorporated into the design to complement the existing rural character and established built form in the area. A mixture of vineyards and native screening are proposed along the elevations visible from the street which are sympathetic to the rural character.

·    Building materials such as concrete panel walls, colourbond roof, aluminium windows and powder-coated steel fencing have been nominated on the plans. The proposed colour selections are supported with natural beige and grey tones being proposed;

·    The proposed development will not be located on a ridge top;

·    The site will be more adequately landscaped than it is currently which will provide an effective vegetative buffer between the built form and the street frontage. A 1.8 metre high cyclone mesh fence is proposed around the property on the western, eastern and northern elevations.  The powder-coated security fence is proposed to be set back 15 metres from the southern property boundary which will allow for screen planting between the road and the fence.

·    Conditions of consent are recommended to reduce soil erosion and runoff and to adopt the satisfactory erosion plan provided (Standard Condition D001 and D002).

 

The site is not identified as being a scenic protection zone. The design of the building has responded to the topography and proposed a built form, selection of materials and building elements to reflect the existing rural character. It is currently vegetated along the north-western boundaries. The south-eastern, south-western and southern elevations propose screen planting as demonstrated in the landscape plan provided. This will protect and enhance the scenic quality of the site as viewed from surrounding properties and public road frontages. Although concern was raised suggesting that the proposed two-storey development is not consistent with the rural character of the area, this has been addressed in the design of the proposed development.

 

Based on the above, the proposed development is not inconsistent with the surrounding rural character and the proposed development is consistent with the aims and objectives of both the LEP and the zone itself.

 

Tree preservation (Clause 17)

The existing vegetation, for the most part will be retained. As previously discussed, conditions are recommended to provide for the retention, management and embellishment of existing vegetation.

 

Flood Liable land (Clause 20)

The site is not identified as being prone to flooding.

 

Provision of services (Clause 21)

This provision states that Council shall not grant consent to the carrying out of development on land to which this plan applies unless:

 

a)    evidence is furnished to the Council’s satisfaction that adequate support services and utilities are or will be available within a reasonable time; and

b)    where the Council thinks it is appropriate, arrangements satisfactory to the Water Board have been made for the amplification and reticulation of water services to the land unless no such arrangements are required.

 

The applicant advises arrangements will be made with service providers to arrange for electricity, telecommunications and gas services required for the proposed use of the site as a school.

 

A Feasibility Report issued by Sydney Water was submitted with the development application. This report advised the site can be serviced with water and sewerage subject to relevant approvals being sought and further applications to them being made. Given the proposed use and that sewerage services are not currently available in the location, upgrades to the existing water connection and a private sewer line will be necessary. Sydney Water has indicated that there is capacity to cater for the proposed development.

 

The private sewer line is 2.7km in length and the connection point of the proposed private sewer line is located on the western side of The Northern Road, Cranebrook.

 

Conditions of consent are recommended to provide for appropriate licensing and approvals to be obtained for required services at relevant times following the issue of any consent (Special Condition 2.7 and Standard Conditions A004, G002 and G004). It is recommended to stage the development such that the sewerage is approved, constructed and certified prior to other works being undertaken.

 

Waste disposal (Clause 33)

The proposed development includes the construction of a private sewer line to service the site. In consultation with officers from other Departments within Council, a Private Pipeline Agreement is to be submitted for consideration and approval by Council prior to the issue of any Construction Certificate. Conditions are recommended to secure these outcomes (Special Condition 2.8). It is recommended that Council’s Common Seal be affixed to the Private Pipeline Agreement once it has been submitted and assessed as satisfactory.

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

Penrith Draft Local Environmental Plan 2008 (Draft LEP) applies to the site. At the time the application was submitted, this instrument had been publicly exhibited for community consultation in accordance with Section 65 of the Environmental Planning and Assessment Act, 1979.

 

Under the draft LEP, the site is proposed to be zoned RU4 – Rural Smallholdings with the proposed development being classified as a “school” which is a permissible use subject to Council consent.

 

There is a draft Development Control Plan 2008 proposed to accompany the Draft LEP 2008 however this has no status for consideration as part of this development application.

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

Penrith Development Control Plan 2006 for the City of Penrith

Chapter 2.1 – Contaminated land

Refer to SEPP 55 assessment.

 

Chapter 2.2 – Crime Prevention through Environmental Design (CPTED)

The application was referred to Council’s Community Safety Officer and the following comments were made:

 

“The application appears to address relevant CPTED principles, including surveillance, access control, space management, and territorial reinforcement measures.

 

Given the location of the school within a primarily rural area, the area may be isolated, particularly at night, which minimises opportunities for passive surveillance. It is therefore important that CPTED measures are conditioned on this development to reduce the risk of crime such as break and enter and malicious damage to property”.

 

To mitigate the potential for illegitimate access and opportunity for crime, conditions of consent relating to lighting, vegetation, access and surveillance, signage, fencing, security, the storage and removal of waste, management responsibilities and removal of graffiti are recommended (Special Conditions 2.9 to 2.16 inclusive and Standard Condition A039).

 

Chapter 2.5 – Heritage Management

There is an existing cottage located on Lots 227 and 227A of the subject site. It is not identified in any environmental planning instrument or development control plan as being of heritage significance. However the draft LEP 2008 proposes to list the cottage as an item of heritage significance.

 

A Statement of Heritage Impact prepared by a Heritage Consultant of Archnex Designs was submitted for consideration with the development application. The applicant also provided a Review of the Statement of Heritage Impact by NBRS Partners. Both the Statement and the Review find the cottage to have negligible heritage value and support the demolition of the cottage.

 

Both the Statement and the Review were referred to Council’s Heritage Advisor for comment with no objection being raised to its demolition subject to a recommended condition of consent requiring an archival recording being undertaken (Standard Condition C002).

 

Chapter 2.6 – Landscape

The landscape plan submitted with the development application demonstrates a distance of 2 metres from the eastern boundary that is clear of vegetation. It is reasonable that this area be increased to a minimum of five (5) metres from the drip line to the boundary of adjoining properties for maintenance purposes. In order to provide for the privacy and protection of the adjoining property to the east, the proposed species for planting between the building and property boundaries have an estimated height at maturity between three (3) and five (5) metres with feature planting proposed intermittently at an estimated height exceeding ten (10) metres. Intermittent plantings not exceeding a height at maturity of seven (7) metres such as the fraxinus griffithii are proposed as one planting option. The landscape plan provided proposes buffer vegetation along the eastern, southern and western elevations.

 

It is therefore recommended that an amended landscape plan be provided prior to the issue of a Construction Certificate that is consistent with the recommendations of the Flora and Fauna Report as well as advice given by Council’s Community Safety Officer relating to passive surveillance (see Special Condition 2.10). Expected height at maturity and species confirmation is to be provided for the proposed species that achieves their nominated function. A condition is recommended to provide for these outcomes (Special Condition 2.17) and previously recommended conditions will provide for implementation, maintenance and protection of existing and proposed vegetation.

 

Chapter 2.9 – Waste Planning

A Waste Management Plan (WMP) for the demolition, construction and the on-going use stages of the development providing for recycling opportunities was submitted and assessed as satisfactory subject to recommended conditions of consent that adopt the WMP and provide for management of waste during construction (Standard Conditions D009 and D010).

 

Chapter 2.11 – Car Parking

Council’s Car Parking Code does not specify car parking rates for the use of the site as a School. As such, the applicant provided an assessment of traffic and parking implications specific to the proposed development. This report used the criteria that one (1) car space is required for every full-time employee and one (1) car space for every ten (10) year 11 and 12 students.

 

Given there will be 18 full-time staff on the site at any one time and 25 students of driving age, a total car parking demand of 21 spaces is generated by the proposed development. A total of 43 parking spaces have been provided.

 

Additional to the car parking provided on site, it is proposed to have a total of four (4) minibus vehicles delivering students to school.

 

The application was referred to Council’s Traffic Engineer for assessment and referral to the RTA’s SRDAC was required. No objection was raised to the proposal on car parking or traffic grounds.

 

Chapter 2.12 – On site sewage management

The proposed development relies on the provision of 2.7 km of private sewerage pipeline to service the site. The system involves effluent collection holding tanks and pumping via a private pipeline to Sydney Water’s system.

 

Chapter 4.9 – Rural Development

The objectives of the DCP are the same as the aims and objectives of the Penrith Local Environmental Plan 201 (Rural Lands) which the proposal has been assessed to meet (refer to Section 79C(1)(a)(i) – Penrith LEP No.201 (Aims and objectives) for assessment). 

 

For the assessment of the development application against the applicable provisions of this chapter, refer to the compliance table Appendix No. 8.

Rural amenity, design, services and traffic development controls within Part E (Non-agricultural development) have been addressed earlier in this report.

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

The section is not relevant for this development application.

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

The following provides comments in relation to issues identified during the assessment process:

Roads Act 1993

The proposed development, for the most part, is within the boundaries of local roads. However, it has been indicated that the final destination of the proposed sewer line will be on the western side of The Northern Road, Cranebrook which involves tunnelling beneath the classified road.

 

Under this Act, a person must not erect a structure or carry out a work in, on or over a public road otherwise than with the consent of the appropriate roads authority. In accordance with Clause 7 (Roads Authorities) of this policy, Council is the roads authority for all public roads within the area, other than:

 

(a)  any freeway or Crown road, and

(b)  any public road for which some other public authority is declared by the regulations to be the roads authority.

 

Council remains the roads authority for the proposed development, subject to concurrence being obtained from the Roads and Traffic Authority in accordance with Section 138(2) of the Roads Act 1993.  This is due to the proposed construction of a private sewerage line under a section of The Northern Road (a classified road). The development application was referred to the Roads and Traffic Authority (RTA) for review and has granted concurrence subject to Council’s approval of the development and the following requirements being met:

 

1.   The proposed sewer line under The Northern Road must be installed by road under boring and located at least a minimum depth of 1.2m below the Road.

2.   The proposed sewer line (and its installation) must most affect the existing traffic signal facility at the intersection of The Northern Road/Ninth Avenue.

3.   Prior to the commencement of the works associated with the under boring of The Northern Road the contractor for the works will be required to contact the RTA’s Project Engineer, External Works – Suppiah Thillai on Ph: 8849 2114 or Fax: 8849 2766 for a Road Opening Permit.

4.   Any proposed temporary/partial road closures will required the applicant to apply for a Temporary Road Occupancy License by contacting the Transport Management Centre’s Planned Incidents Unit on (02) 8396 1513 during office hours (8am to 4pm) or 131 700 after hours.

5.   All works associated with the sewer line installation as well as the proposed development are to be at no cost to the RTA.

 

It is recommended the above be conditioned to ensure the above concurrence terms are adopted and complied with during the planning and construction of the private sewer line (Special Condition 2.6).

 

Operational matters

Construction

Demolition of existing structures and construction of new building work is proposed. Conditions of consent are recommended to provide for requirements prior to, during and following construction (Standard Conditions A019, A046, B001 to B006, H001, H002, H011, H041, Q001 and Q006).

 

To mitigate damage that may occur as a result of any earthworks, a condition is recommended to provide for appropriate measures to preserve and protect buildings on adjoining land (Standard Condition H002). To minimise impacts during construction, the applicant has advised that sewerage pipes will be bored beneath driveway crossovers.

 

A report that addresses the requirements of the Building Code of Australia (BCA) and a document that reports on the findings of an Asbestos Material Assessment accompanied the development application. Conditions of consent are recommended to provide for the implementation of the actions and recommendations of these reports (Standard Condition A001) as well as compliance with relevant Australian Standards and BCA requirements (Standard Conditions E01A, E002, E006 and E009).

 

Staged development, as previously recommended, will provide for relevant authorities, approvals and agreements to be issued for the proposed private sewer line prior to the construction of the sewer and prior to the construction of the remaining works (the school) on the site (Standard Condition A004).

 

Operational Management Plan (OMP)

To provide for the ongoing operations of the site, it is recommended the applicant provide an OMP. This will detail responses to prevent impact arising from the accumulation of rubbish, nuisance lighting, after hour access and, emergencies and evacuations, surveillance, security, agricultural activities and general site maintenance. A condition is recommended to provide for this prior to the issue of any construction certificate (Special Condition 2.5).

 

Use

It is proposed that a total number of students of no more than 150 students in addition to full-time staff be on site at any one time. The consent authority can only consider the aspects of the development as proposed. Any change to that which is approved would require development consent and/or compliance action. A condition is recommended to permit the use of the building and the site for school purposes to cater for a maximum intake of 150 students and 18 full-time staff at any one time only (Special Condition 2.26). As a canteen component is proposed, a condition is recommended to provide for compliance with the requirements of the Food Act 2003 and Food Regulation 2004 (Standard Condition A012).

 

The hours of operation considered within the Noise Report include 7:30am to 4pm for students and 7am to 6pm for teachers. The Noise Report considers there will be four (4) parent teacher evenings each year and two (2) management meetings each month consisting of twelve (12) personnel held at night. A maximum of four (4) activities each year on a Saturday held between 8am and 4pm is consistent with the Noise Report. Use of the site on a Sunday will not occur. A condition of consent is recommended to provide for these hours of operation and provision of car parking on site (Special Condition 2.27).

 

It is also noted within the submission that it is not the intention to hold concerts in the hall. A condition of consent is recommended to provide for this outcome (Special Condition 2.28).

Compatibility and scale

There is adequate separation between the proposed buildings and adjoining properties. There is potential for screening of the teacher’s courtyard on the secondary school building and the applicant is willing to provide for this where necessary. There is also screening opportunity for the eastern elevation to have privacy treatment for windows on the ground floor level. Vegetation is proposed in these locations which will satisfactorily screen these areas and minimise cross-viewing opportunities.  The high windows on the first floor and the absence of windows from the proposed hall assist in minimising privacy concerns.

 

The basement drops in elevation which will provide screening from any headlights. The location of adjoining dwellings being set back from the street removes the opportunity of direct light from vehicles presenting a nuisance.

 

The buildings are positioned on the south eastern portion of the site where the land is the lowest and the second storey component of the building is set back in excess of thirty (30) metres from the eastern boundary which increases the opportunity for any views of rural landscape. Positioning the building more centrally would compromise the design, acoustic performance, height of the building and opportunity for basement car parking.

Traffic

The Assessment of Traffic and Parking Implications report accompanying this development application modelled the Kellyville campus of the proposed operators to indicate the expected vehicular movements entering and exiting the site both in the morning and afternoon peak demand time periods. In the morning, forty (40) vehicles are expected to enter the site with sixteen (16) vehicles leaving, and in the afternoon, fourteen (14) vehicles are expected to enter the site with thirty-four (34) vehicles exiting. It is projected forty percent (40%) of vehicles accessing the site will move along Third Avenue (south), ten percent (10%) along Third Avenue (north), thirty percent (30%) along Seventh Avenue (east) and twenty precent (20%) along Seventh Avenue (west).

 

The additional traffic movements were added to the existing recorded movements at the intersections of Seventh and Third Avenues and Seventh and Second Avenues respectively. The operational performance of these intersections was modelled using these results which found traffic conditions in the area to be satisfactory. These results have been reviewed by the RTA’s SRDAC, with no objection being raised to the proposed development on traffic grounds.  Council’s Senior Traffic Engineer has raised no objection subject to the inclusion of the SRDAC’s recommended conditions of consent. Refer to above Section 79C (1)(a)(i) – SEPP (Infrastructure) 2007 for additional traffic assessment.

Drainage

Refer above to Section 79C(1)(a)(iii) – Penrith DCP 2006 (Chapter 4.9 - Rural Development) assessment.

Vegetation

Refer above to Section 79C(1)(a)(iii) – Penrith DCP 2006 (Chapter 4.9 – Rural Development) assessment.

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

The three (3) hectare site area is adequate to accommodate the built form proposed with suitable buffers and separation distances to adjoining land uses. The applicant has advised the location of the proposed buildings was dependant upon site constraints, topography, consideration of the surrounding land uses and relevant environmental planning policy. Specifically, the location of the hall is ideal as there will be no windows on the eastern elevation, there will be vegetation along the eastern elevation for screening purposes and there will be acoustic barrier treatment along the northern and southern elevations. The assembly hall prevents cross-viewing opportunity between the subject and the adjoining property to the east.

 

The proposed development complies with the relevant policy provisions. The proposal has satisfactorily demonstrated that the site can cater for its ongoing use as a school (as proposed) with operations being managed for minimal environmental impact.

 

Therefore, the site has been demonstrated to be suitable the proposed use as a school.

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

Referrals

The application was referred to the following Council Departments, Committees and Consultants for comment:

 

·    Deerubbin Local Aboriginal Land Council;

·    Traffic Engineers for assessment of traffic generation and possible referral to the NSW RTA and SRDAC;

·    Environmental Planning Department with respect to the implications of the draft Local Environmental Plan 2008 on the proposed development;

·    Health and Building Surveying for assessment of proposed building and construction;

·    Environmental Health for assessment including waste generation and treatment, acoustic performance, contamination and agricultural activities;

·    Development Engineers for assessment including drainage, stormwater, works in road reserves and car parking;

·    Disability Access Committee for receipt of proposed design and response to accessibility requirements;

·    Community Safety Unit for assessment for Crime Prevention Through Environmental Design; and

·    Heritage Advisor for advice on existing cottage dwelling given draft status of heritage significance as referred in draft LEP 2008.

 

Comments from the above officers and Departments have been integrated throughout this assessment report.

Community Consultation

The application was notified to residents and occupiers of properties fronting the proposed sewer line, located at the nearest intersection and those within 200 metres of the site. The proposed development was advertised in the Penrith Press and notified to surrounding land holders and occupiers with the exhibition period between 3 December and 17 December 2008 in accordance with Chapter 2.7 (Notification and Advertising) of the Penrith Development Control Plan 2006. A plan is attached for reference indicating the extent of notification (Appendix No.9).

 

Council notified 80 residences in the area and has received 6 submissions in response, one of which was made on behalf of a community group. Those making submission were advised on 19 August 2009 that the matter will be reported to Council whilst simultaneously being notified of additional information available for inspection. The application was re-exhibited between 24 August and 7 September 2009 with the original and additional information that had been submitted to support the development application. One (1) submission was received in response.

 

The following issues were raised in the submissions received and have formed part of the assessment:

 

Issue raised

Reference in report

 

Compatibility and scale

 

·    Loss of view

·    Future complaints against existing intensive agricultural uses

·    Potential for alternate locations of the proposed hall, screening treatments to the proposed teachers courtyard and along the windows and openings of the eastern and western elevations and mitigation of impacts resulting from use of the proposed driveway

·    Potential to relocate the proposed buildings further west

 

 

Section 79C(1)(b) – Compatibility and scale

 

Crime Prevention

 

·    Prevent illegitimate access between sites. 

 

 

Section 79C(1)(a)(iii) – Chapter 2.2 (CPTED

 

Community Consultation

 

·   Extent of neighbour notification

 

 

Section 79C(1)(d) – Community Consultation

 

Rural Development

 

·    Impact of two storey development upon the rural character

 

 

Section 79C(1)(a)(i) – Penrith LEP 201 (Rural Lands)

 

Operational matters

 

·    Concerns for expansion from 150 students in the future

·    Potential to restrict any further development of the site

·    Damage resulting from any proposed earthworks

·    Concern regarding maintenance of vegetation, rubbish and noise

 

 

Section 79C(1)(b) – Operational matters

 

 

Heritage

 

·    Impact upon existing buildings of heritage significance

 

 

Section 79C(1)(a)(iii) – Chapter 2.5 (Heritage) of Penrith DCP 2006)

 

 

Traffic

 

·    Potential traffic impact upon the local community

 

 

Section 79C(1)(a)(i) – SEPP 2007 (Infrastructure), Section 79C(1)(a)(iii) – Chapter 2.11 (Car parking) of Penrith DCP 2006 and Section 79C(1)(b) – Roads Act 1993

 

 

Stormwater

 

·    Proposed stormwater and drainage discharge not to collect or be directed to adjoining properties

 

 

Section 79C(1)(a)(iii) – Drainage section of Chapter 4.9 (Rural Development) of Penrith DCP 2006)

 

 

Development contributions, infrastructure and community benefit

 

·    Whether the school will serve the local community, the potential impact of the proposed development upon local services and recompense from the school for the use of funding and existing public facilities

·    Whether the intake of students can be restricted to a 10 kilometre radius

·    Upgrades to Wilson Park, Seventh Avenue and the intersection of Llandilo and Richmond Road and  provision of  pedestrian links to join all three nearby schools

·    Connection to proposed sewerage for properties adjoining the proposed line

 

 

Section 79C(1)(e) – Public Interest)

 

In response to queries as to whether applications for the same use have been made in the Ropes Crossing Area, the applicant advises they have no knowledge of any plans to have located the proposed school in that area.

 

A public meeting was held within the hall at Llandilo Public School on 16 February 2010 with members of the community, Councillors, Council Staff and the applicant being present. The following is a response to address matters relating to the development application raised at the public meeting additional to those already addressed in the above Table:

 

Infrastructure

 

This issue is addressed under Section 79C(1)(e) – Public Interest (Developer Contributions), The proposed development does not place any significant increase in demand on the provision of public infrastructure, including footpaths. An aerial analysis of the land between the proposed site and Llandilo Public School on Seventh Avenue indicates a distance of 455 metres. The width being 1.5 metres, the provision of 682.5 m2 at a rate of $99.68 per m2 would cost $68,000. (The site being unseen by Council’s Asset’s Department, this does not include adjustments to any utility service lids/manholes or earthworks that may be required to adjust footway levels).

 

Traffic

 

Additional reference has been made to quantify the additional traffic movements made to and from the site on a daily basis during peak drop-off and pick-up times of operation. Refer to Section 79C(1)(b) – Likely impacts (Traffic). The existing system is able to absorb the projected traffic generation. However, conditions are recommended to provide localised treatment of the road immediately in front of the site (Standard Condition I004).

 

Sewerage and sewage treatment

 

The recommended Private Pipeline Agreement will provide for the on-going management of the pipeline. Additional conditions are recommended to include provision for additional detail of the sewerage system and an Operational Management Plan for the sewerage, addressing response to any emergency (Special Condition 2.29 and 2.30).  This requirement will complement Special Condition 2.8.

 

Concern was expressed about the on-site sewage treatment tank emitting odour. As such, a condition is recommended to prevent the detection of offensive odour, as defined under the Protection of the Environment Operations Act (PoEO) 1997, generated from the proposed development beyond the boundaries of the property (Special Condition 2.31). A further condition is recommended to ensure compliance with requirements from Sydney Water which will include odour control from the flow received from the private sewerage system (Special Condition 2.32).

 

Stormwater

 

The proposed method of stormwater disposal involves On-site Detention and re-use of stormwater to maintain post development flows to pre-development flows as specified in Appendix 8 – Drainage section of the compliance table for Chapter 4.9 (Rural Development) of Penrith DCP 2006. This section also recommends standard conditions of consent to provide for the installation, certification and maintenance of water tanks (Standard Conditions H036, H038 and H039 as amended). Standard condition H036 has been amended to require structural certification of the rainwater tanks.

 

Rural character

 

The proposed development is predominantly single storey and has been designed to provide a basement level to provide car parking whilst reducing the expanse of parking visible from the street frontage. This will mitigate potential for kerbside parking (which normally occurs with school use) with demand being catered for on site.

 

The proposed fencing (see Special Condition 2.13) responds to concerns raised in submissions and advice during the assessment of the development application over potential intruder access to the site and adjoining properties after hours. In balancing the use of the site for the purpose of a school, location in a rural area with security objectives, the proposed fencing is satisfactory.

 

The proposed landscaping plan requires minor amendment and additional detail to be provided prior to the issue of a Construction Certificate as referred in Section 79C(1)(a)(iii) – Penrith DCP 2006 (Chapter 2.6 – Landscape). The landscape plan demonstrates olive trees and other native plantings in the front setback, vegetation along the boundaries of the property and embellishment of existing vegetation in the north-west corner of the site.  This will contribute to the rural character of the site and provide relief from direct visibility of the building where necessary. These elements will remain in any amended landscape plan submitted to Council for final approval.

 

Bush fire safety

 

The proposed site is not identified as being prone to bushfire attack. There is no requirement to refer the development application to the Rural Fire Service for comment and/or approval. The development is subject to compliance with relevant provisions of the Building Code of Australia including fire safety which are demonstrated prior to the issue of a Construction Certificate.

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

Accessibility

The development application was supplemented by an Access Report that addresses the performance of the site against the relevant legislative requirements. Council’s Building Surveyor reviewed the development application and this report and raised no objection to the proposal, subject to recommended conditions of consent.

 

The development application was reported to Council’s Access Committee meeting of 3 December 2008 and the following concerns were raised:

 

a)   There appears not to be a ramp to the junior school covered outdoor learning area (COLA);

b)   The northern side of Lobby 2 will require a ramp of suitable grade given the change in grade.

 

The applicant was advised of the above concerns and provided an addendum to the original Access Report that provided clarification of the above issues. This advised that:

 

·     “the required accessible path of travel for a person with a disability to (and subsequently within) the junior school COLA is from the primary school building directly to the COLA area and then to the associated primary school areas in that location; and

·     changes to the finished floor levels at the entrance doorways is proposed to now meet the requirements of the applicable Australian Standard.”

 

Conditions of consent are recommended to ensure the application and resultant built form reflects these intentions (Standard Condition A001 and E006).

 

Development contributions and infrastructure

There is no requirement for the proposed development to provide community services or assets nor is there a requirement to contribute financially towards their provision or embellishment.

 

The applicant has advised that the site provides all necessary services and where required, the hire of facilities off-site will be arranged.

 

The proposed development does not trigger major infrastructure upgrades to address existing traffic or pedestrian conditions. Localised road widening and pavement provision have been recommended as conditions of consent where the proposed development has been assessed as having a direct impact (Standard Condition I004).

 

A private sewer line is proposed as the preferred method of effluent disposal. The responsibility and cost of installation, maintenance and repair is borne by the applicant (and not Council or Sydney Water). As such, it is not able to service other sites.

 

Community benefit

There is a history of Council support for schools in rural areas. This is largely due to the requirement of schools to have large areas of land, the challenges faced with providing such uses in established residential areas and the community benefit they offer including schooling choice, employment opportunities, site improvements and social support to the immediate community.

 

The proposed school is a Christian-based school that has the potential to attract students, parents and teachers that contribute to the economy of the region. There will be employment opportunities involved during the planning, construction and on-going operations of the school.

 

It is unnecessary and unreasonable to restrict the areas in which students are sourced. Equally, it is unnecessary and unreasonable to restrict local residents from attendance should they pursue this option with the operator. The proposed school proposes site improvement, and will offer choice and diversity in education in the Penrith area.

 

 

Conclusion

The proposal has been assessed to be consistent with the aims, objectives and provisions of all relevant statutory planning instruments and policies. In particular, the proposal is consistent with the underlying general planning considerations pertaining to threatened species and within the Roads Act 1997, SEPP No.55 (Remediation of land), SEPP Infrastructure, SREP No.20 – Hawkesbury Nepean River, Penrith Local Environmental Plan 201 (Rural Lands) and Draft LEP 2008.

 

The site is suitable for use as a school at the scale proposed for reasons including the large amount of land available, adequate separation from adjoining rural residential uses and existing established vegetation providing visual and acoustic screening. The site provides satisfactory access and there is capacity in surrounding service roads to cater for the proposed use without the need for major infrastructure upgrades.

 

The proposed school is likely to benefit the community given the diversity of education choice, employment opportunities, site improvements and social support it is capable of providing.

 

The proposal has been considered by State, Regional and Local authorities, all of whom have raised no objection to the proposal subject to recommended conditions of consent.

 

As outlined in the above assessment report and subject to the following recommended conditions of consent, the application is worthy of support.

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA08/1205 Proposed Educational Establishment (School) for 150 Students with Associated Agricultural Studies Area, Landscaping, Car Parking, Sewerage and Demolition of Existing Dwelling at Lot 227, 227A & 228 DP 2147 (No. 227) Seventh Avenue, Llandilo   be received

2.     The development application be approved subject to the following conditions of consent:

Standard conditions

          Note: These can be accessed on Council’s website by visiting                 http://www.penrithcity.nsw.gov.au/uploadedFiles/Website/Your_Council/Publications/2005standardconditions.pdf

2.1     A001 – Approved plans and recommendations within listed reports

A004 – Staged Construction

§ Stage 1

a)    Written approval from water and electricity service providers

b)    Private Pipeline Agreement for the proposed private sewer line

c)    Roads Act Approvals and Engineering Construction Certificate for the private sewer line

d)    Construction and certification of the private sewer line

No works (including demolition) are to be undertaken on the site, except as necessary for the above referred private sewer. 

§ Stage 2

a)    Engineering Construction Certificate for drainage on the site of 227, 227A and 228 in DP 2147

b)    Construction Certificate for remaining works

c)    Construction and Certification of works

          A011 – Engineering Works DCP

          A012 – Food shop (for the canteen component)

          A014 – Consolidation of Lot 227, 227A and 228 in DP 2147

          A019 – Occupation Certificate 

          A026 – Advertising 

A039 – Removal of Graffiti

          A046 – Obtain a Construction Certificate

A Construction Certificate is not to be issued for any work other than the construction of the private sewer line until the private sewer line construction is completed and certified as satisfactory

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

          B002 – Demolition and disposal of approved landfill

          B003 – Asbestos

          B004 – Dust

          B005 – Mud/Soil

          B006 – Hours of work

          C002 – Archival Recording 

          D001 – Sediment and erosion control measures

          D002 – Spray grass

          D005 – No filling without prior approval

          D006 – No fill without validation certificate

          D009 – Covering of waste storage area

          D010 – Appropriate disposal of excavated or other waste

D013 – Acoustic Level (refer to Report No. 3688 prepared by RSA Acoustics as recorded on 24 October to 31 October 2009 and additional information provided by RSA Acoustics on the 29th of April 2009)

          D026 – Liquid wastes

          E01A – BCA compliance for Class 2-9

          E002 – BCA issues to be addressed

§ In the Senior School, there should not interconnection between 3 storeys in accordance with Clause D1.12 and there should be separation of ascending and descending flights in Stair 1 in accordance with Clause D2.4

§ Documentary evidence to indicate compliance with the energy efficiency provisions of Section J is required

          E006 – Disabled access and facilities

§ In this regard, disabled persons access must be provided between the Junior and Senior Schools and to the staff courtyards of the Senior School

          E009 – Annual Fire Safety

          G002 – Section 73 Certificate (Sydney Water)

          G004 – Integral Energy

          H001 – Stamped plans and erection of site notice

          H002 – All forms of construction

          H003 – Traffic Management

          H041 – Hours of work

          H011 – Engineering plans and specification

          H036 – Rainwater tanks (as amended)

The rainwater tank(s) is to be:

·   structurally sound and constructed in accordance with AS/NZS 3500 1.2-1998: National Plumbing and Drainage - Water Supply - Acceptable Solutions,

·   Certified by a suitably qualified structural engineer attesting to the adequate construction of the tank for its proposed use;

·   fully enclosed and all openings sealed to prevent access by mosquitoes,

·   fitted with a first flush device,

·   provided with an air gap, and

·   installed by a licensed plumber in accordance with Sydney Water's “Plumbing requirements Information for rainwater tank suppliers and plumbers April 2003” and the NSW Code of Practice: Plumbing and Drainage.

 

Before a rainwater tank(s) can be used, a certificate or suitable document is to be submitted to the Principal Certifying Authority stating that the rainwater tank has been installed in accordance with:

 

·   the manufacturer's  specifications, and

·   Sydney Water and NSW Health requirements.

 

This certificate or documentation is to be provided by the licensed plumber who installed the rainwater tank on the property, and is to be submitted prior to the issue of the Occupation Certificate.

 

          H038 – Connection of rainwater supply

          H039 – Rainwater tank pumps

          I003 – Roads Act Approval 1

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

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

          I004 – Roads Act Engineering

a)   Provision of  heavy-duty vehicular footway crossings with minimum width to AS2890.2 for heavy rigid vehicles allowing for left turn movements to and from the site without crossing the nominal centreline in Seventh Avenue

b)   Provision for 2.5m road widening, kerb & gutter, drainage and verge regrading on the northern side of Seventh Avenue for a minimum of 90m west of the eastern boundary to allow for 5.5 m of pavement from the nominal centreline to the proposed face of kerb.  The pavement shall be designed for 5 x 105 ESA’s

c)   Provision of localised pavement widening to achieve a basic right turn treatment on the southern side of Seventh Avenue opposite the proposed entry driveway

d)   Provision of necessary upgrades and overlay to the full width of Seventh Avenue road pavement for 90m west of the eastern boundary for to achieve a pavement design life of 5 x 105 ESA’s and a uniform finish

e)   Provision of a concrete footpath 1.5m wide on the northern side of Seventh Avenue to correspond with the extent of proposed kerb and gutter works

f)   Provision of drainage tail-out and table drain regrading in Seventh Avenue

g)   Provision of line marking and kerbside restrictions subject to separate approval

K002 – Works-as-executed plans

K025 – Pavement Seal (sealed with bituminous pavement)

K027 – Car parking provision (43 car spaces)

§ Any disabled parking needs to be as close as possible to the main building and separate paths and pram ramps need to be provided to link the disabled bay to the main buildings

K036 – Performance Bond

K037 – Maintenance Bond

K039 – Road Safety Audit

K040 – Line marking and sign posting

L001 – Landscape Plan (refer to plan provided by Special Condition 2.17)

L002 – Landscape Construction

L003 – Report Requirement (Implementation and Maintenance)

L005 – Planting of plant material

L006 – Australian Standard

L007 – Tree Protection Measures

L008 – Tree Preservation Order

L012 – Existing landscaping to be retained and maintained

P001 – Costs

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

Q001 – Notice of commencement and appointment of PCA

(delete last paragraph)

          Q006 – Occupation Certificate (delete after NSW Fire Brigades)

Special Conditions

2.2     The development is to comply with and implement any recommendations outlined in the Flora and Fauna Impact Assessment prepared by Keystone Ecological dated January 2009

2.3     The development is to comply with and implement any recommendations outlined in the Environmental Site Assessment prepared by Aargus Australia dated January 2009

2.4     The following is required in accordance with advice received from the Sydney Regional Development Advisory Committee:

a)   The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) is to be in accordance with AS2890.1-2004 and AS2890.2-2002 fir heavy vehicles

b)   Bicycle parking and associated facilities need to be provided on the site

c)   The site should be able to cater for a 12.5m bus turning circle to cater for any sporting events, school excursions or for the public school bus system should the need arise in the future. This would also cater for waste removal should it ever need to occur on site

d)   A dedicated delivery area is to be provided on site catering for at least an 8.8m service vehicle. If the drop off area is to be used for this purpose then deliveries are to occur outside of school pick up and drop off times

e)   Clear signage is to be provided on site to adequately control the entry and exit points and to guide vehicles and pedestrians to appropriate locations throughout the site

f)    The required site lines to pedestrians or other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials

g)   School zones must be installed along all roads with a direct access point (either pedestrian or vehicular) from the school. School Zones must not be provided along roads adjacent to the school without a direct access point

h)   The Roads and Traffic Authority (RTA) is responsible for speed management along all public roads within the state of New South Wales. That is, the RTA is the only authorised organisation that can approve speed zoning changes and authorise installation of speed zoning traffic control devices on the road network within New South Wales

Therefore, the Developer must obtain written authorisation from the RTA to install the School Zone signs and associated pavement markings and/or remove/relocate any existing Speed Limit sings

To obtain authorisation the Developer must submit the following, at least six (6) weeks prior to student occupation of the site, for review and approval by the RTA:

A)  A copy of Council’s development conditions of consent

B)  The proposed school commencement/opening date

C)  Two (2) sets of detailed design plans showing the following:

§ School property boundaries

§ All adjacent road carriageways to the school property

§ All proposed school access points to the public road network and any conditions imposed/proposed on their use

§ All existing and proposed traffic control devices and pavement markings on the adjacent road network (including School Zone signs and pavement markings)

§ All existing and proposed street furniture and street trees

i)    School Zone signs and pavement marking patches must be installed in accordance with RTA’s approval/authorisation, guidelines and specifications

j)    All School Zone signs and pavement markings must be installed prior to student occupation of the site

k)   All School Zone signs and pavement markings are to be installed at no expense to the RTA

l)    The developer must maintain records of all dates in relation to installing, altering, removing traffic control devices related to speed

m)  Following installation of all School Zone signs and pavement marking the Developer must arrange an inspection with the RTA for formal handover of the assets to the RTA. The installation date information must also be provided to the RTA at the same time. Note: Until the assets are formally handed-over and accepted by the RTA, the RTA takes no responsibility of the School Zones/assets

n)   All works /regulatory signposting associated with the proposed development are to be at no cost to the RTA

2.5     An Operational Management Plan (OMP) is to be provided for Councils consideration and approval that details the following:

a)    After hour access, security and surveillance measures

b)    Response to emergencies including evacuation

c)    Small scale agriculture proposed on the site including numbers and types of animals and trees to be located on site

d)    Animal management practices including, but not limited to, care (particularly in times where the school is not operating), feeding, emergency response

e)    Site maintenance including rubbish collection

f)     Measures employed to reduce the impact from lighting

 

2.6     The following is required in accordance with the terms of concurrence issued by the NSW Roads and Traffic Authority:

a)    The proposed sewer line under The Northern Road must be installed by road under boring and located at least a minimum depth of 1.2m below the Road

b)    The proposed sewer line (and its installation) must most affect the existing traffic signal facility at the intersection of The Northern Road/Ninth Avenue

c)    Prior to the commencement of the works associated with the under boring of The Northern Road the contractor for the works will be required to contact the RTA’s Project Engineer, External Works – Suppiah Thillai on Ph: 8849 2114 or Fax: 8849 2766 for a Road Opening Permit

d)    Any proposed temporary/partial road closures will required the applicant to apply for a Temporary Road Occupancy License by contacting the Transport Management Centre’s Planned Incidents Unit on (02) 8396 1513 during office hours (8am to 4pm) or 131 700 after hours

e)    All works associated with the sewer line installation as well as the proposed development are to be at no cost to the RTA

 

2.7     Written confirmation is to be submitted to Council for consideration and approval prior to the issue of any Construction Certificate from relevant service providers including energy and water that confirms connection and capacity to cater for the proposed development

2.8     A Private Pipeline Agreement is to be entered into with Penrith Council. This is to include, but is not limited to, location of construction within Council’s road allocation, certification requirements, road opening permits, ongoing management and any other detail required by Council. The development and any agreements shall be at no cost to Council

2.9     Entrances/exits to all buildings, walkways, car park and the gated entry/exit must be well lit to clearly illuminate these areas that make up the public domain areas of the school

          Lighting must be:

a)   Consistent in order to reduce the contrast between shadows and illuminated areas

b)   Vandal resistant

c)   Contained within the property boundary and no light should be projected upwards

2.10   The following vegetation is to be avoided:

a)   Vegetation with top to bottom foliage. Low ground cover or high canopied vegetation is to be utilised as this type of planting allows clear lines of sight

b)   Medium height (under 2 metres) planting as it provides places of concealment

c)   Vegetation that hinders sightlines to car parks, walkways, playgrounds and playing fields.  Use low shrubs or ground covers

2.11   Teaching staff must have clear vision to the entry of all classrooms and the office staff must be able to have clear vision to the school entrance and car park areas.  Similarly, visitors to the school must be able to clearly identify the administrative office of the school

Entrances to all student/adult toilet blocks must be clear of all screening to allow surveillance by students and staff

2.12   Signage for the facility should be clearly identified to ensure easy location by emergency services

2.13   Fencing must be black and made of a material that is easy to see through to promote surveillance opportunities and secure the school after hours. Mesh fencing is not supported

2.14   The following security measures are to be implemented:

b)   All doors and windows must be fitted with security locks

c)   Rooms containing computer and other electronic equipment must have additional security treatments including security screens on windows and alarms

d)   After hours random security patrols must be conducted on a regular basis. Additional patrols are to be implemented during school holiday periods

e)   Sensor lights must be installed to detect movement around the property after hours

2.15   All waste must be secured within the property. Bins will need to be stored within a secure position and not at risk of vandalism

2.16   School Management will be available at a mutually convenient time, at the invitation of Penrith City Council and/or the NSW Police, to discuss and action agreed Community Safety and Security issues in conjunction with other local stakeholders in the area should the need arise

2.17   An amended landscape plan is to be provided prior to the issue of any Construction Certificate that demonstrates, to Council’s satisfaction, the following:

a)   Consistency between the recommendations within the Flora and Fauna Report referred in Standard Condition A001

b)   Compliance with Special Condition 2.10

c)   The drip-line of vegetation is to be setback a minimum of 5 metres from adjoining property boundaries

d)   The screen planting proposed between building and property boundary along the eastern elevation is to be amended to provide for plants not exceeding a height at maturity of three (3) to five (5) metres with intermittent feature plantings not exceeding a height at maturity of seven (7) metres

e)   The height at maturity and species of all proposed vegetation is to be nominated on the plan. Vegetation forward of the building line is not to include vegetation capable of attaining a height at maturity greater than one (1) metre

2.18   Prior to the issue of an Occupation Certificate signage which is clearly visible from the public road shall be placed within the development site. The signage shall indicate that the western vehicular access is to be used for ingress purposes only and appropriately signposted "Entry Only".  The eastern vehicular access is to be used for egress purposes only and appropriately signposted "No Entry"

2.19   In the event of on-going noise complaints relating to the development being received by Council, the owner and/or occupier of the school and related development may be 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

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

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

(b)   On-site detention system

(c)   Stormwater drainage

(d)   Stormwater pre-treatment system

(e)   Earthworks

(f)    Car park

(g)   Retaining walls

(h)   Paving works

(i)    Access roads

(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

 

2.21   Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the site drainage and on-site detention system has been designed generally in accordance with the concept plans lodged for development approval, prepared by Lean Lackenby & Hayward, drawing no. 59118 DR, rev C dated 4/06/2009 and drawing no. 59118 EW, rev B dated 4/06/2009 and Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works

The drainage system directing flows to the on-site detention system shall be designed to convey 1 in 100 year flows and to ensure the entrapment of gross pollutants prior to entry to the storage system

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

2.22   Prior to the issue of an Occupation Certificate the Certifying Authority shall ensure that:

·   The on-site detention system has been constructed in accordance with the details approved by the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and conditions of development consent

·   Any variations to the approved design are satisfactory or that suitable remedial works have been undertaken

·   The on-site detention system 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 completed on-site detention system shall be provided as part of the works-as-executed drawings

2.23   Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the on-site detention system 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 format as described in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works

2.24   The water quality treatment system as indicated on the drainage concept plan prepared by Lean Lackenby & Hayward, drawing no. 59118 DR, rev C dated 4/06/2009 shall be operated and maintained in accordance with the manufacturers specifications

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

2.26   The use of the building and the site is for the use as a school to cater for a maximum intake of 150 students and 18 full-time staff at any one time only

2.27   The hours of operation are from 7:30am to 4pm for students and from 7am to 6pm for teachers Monday to Friday. A maximum of four (4) parent teacher evenings each year and two (2) management meetings each month consisting of twelve (12) personnel are permitted to be held at night only. A maximum of four (4) activities associated with the approved use of the site as a school are permitted each year on a Saturday and are to be held between 8am and 4pm. At these functions all vehicles are to be accommodated on site. Use of the site on a Sunday is not permitted

2.28   The assembly hall must not be used as a place of public entertainment, a place of entertainment or to hold concerts without the prior consent of Council

2.29   Prior to the issue of any Construction Certificate and the issue of an operational approval for the pumping station and associated infrastructure by Penrith City Council, a detailed operation management plan for the sewage management system is to be submitted and approved by Council. The operation management plan is to contain at minimum:

-      A detailed emergency response procedure for any failures in the system and/or sewer line.

-      A response mechanism to any excessive or offensive odour caused by the system

-      Details of all maintenance and servicing requirements for the system

-      Emergency contact details

-      System specifications

-      Details of the sewer agreement with Sydney Water

-      Any other relevant details that ensures the system operates in accordance with the relevant standards and legislation.

The approved plan is to be complied with at all times

2.30   Prior to the issue of any Construction Certificate, details of the sewer pumping station and associated infrastructure are to be provided and approved by Council. Those details must include:

-   The location of the pumping station and associated infrastructure (including tanks and pumps); and

-   The design specifications of the pumping station and associated infrastructure (including tanks and pumps).

The pumping station and associated infrastructure (including tanks and pumps) must be designed and located so that it does not create offensive odour and noise as defined under the Protection of the Environment Operations Act 1997

2.31   Offensive odour, as defined by the Protection of the Environment Operations Act 1997, from activities and infrastructure that form part of the development are not to be detected beyond the boundaries of the property. This includes the sewerage system

2.32   The sewer line and associated pumping station is to comply with Sydney Water Requirements at all times

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Sewer connection

1 Page

Appendix

3. View

Site plan

1 Page

Appendix

4. View

Ground floor plan

1 Page

Appendix

5. View

First floor plan

1 Page

Appendix

6. View

Basement floor plan

1 Page

Appendix

7. View

Elevations

2 Pages

Appendix

8. View

Compliance Table for Chapter 4.9 Penrith DCP 2006

4 Pages

Appendix

9. View

Extent of notification

1 Page

Appendix

  


Ordinary Meeting

22 February 2010

Appendix 1 - Locality Map

 

 

 


Ordinary Meeting

22 February 2010

Appendix 2 - Sewer connection

 

 

 


Ordinary Meeting

22 February 2010

Appendix 3 - Site plan

 

 

 


Ordinary Meeting

22 February 2010

Appendix 4 - Ground floor plan

 

 

 


Ordinary Meeting

22 February 2010

Appendix 5 - First floor plan

 

 

 


Ordinary Meeting

22 February 2010

Appendix 6 - Basement floor plan

 

 

 


Ordinary Meeting

22 February 2010

Appendix 7 - Elevations

 

 

 



Ordinary Meeting

22 February 2010

Appendix 8 - Compliance Table for Chapter 4.9 Penrith DCP 2006

 

 

 

 

Penrith DCP 2006, Chapter 4.9 (Rural Development), Part B  – Development Issues

1. Setbacks

A fifteen (15) metre setback from a public road is required and has been provided to the commencement of the proposed front security fence. A total front setback of thirty-three (33) metres is provided from the front boundary to the building.

2. Services

The proposed water reuse reduces potential demand on water supply. Nevertheless, separate approval is required from service providers. The applicant has provided written correspondence from Sydney Water that confirms that:

Water

a)   The existing water main will serve the planned school; and

Sewer

b)   There is capacity to cater for the proposed development.

As previously discussed, the applicant states that provision of electricity to the site will be made with an energy provider and it is recommended that the proposed development is staged to ensure relevant authorities provide certain written approval for the provision of services to the site ahead of any works being undertaken.

This will provide for the construction of the proposed private sewer line as well as a Private Pipeline Agreement to be arranged prior to any other work associated with the proposed development. Conditions are recommended to provide for this outcome (Special Condition 2.7 and 2.8 and Standard Conditions A004 as staged, G002 and G004).

3. Flooding

The site is not identified as being prone to flooding.

4. Access

To provide a satisfactory level of service consistent with the volume and nature of traffic generated by the proposed development, conditions are recommended to provide for compliance with relevant Australian Standards, localised pavement widening, line marking, clear signage, school zones and pavement treatment (Standard Condition I004 and Special Condition 2.18).

5. Tree preservation

The proposal includes the removal of some minor and dead trees however the majority of existing native vegetation will be retained and maintained.

6. Aboriginal Archaeological Surveys

The development application was referred to the Deerubbin Local Aboriginal Land Council (DLALC) and an assessment of Aboriginal Cultural Heritage was undertaken by a DLALC representative.

No objection is raised to the proposed development on the grounds of Aboriginal cultural heritage.

7. Advertising

No advertising is proposed. It is recommended a separate application be lodged in the future for any advertising or directional signage (Standard Condition A026).

8. Car Parking

 Refer to above car parking discussion.

9.   Noise generation and control

A Noise Assessment was conducted for the site between the dates of 24 and 31 October 2008. A noise logger recorded noise between these dates which were then used to provide the basis for the background noise levels of the site. The potential noise sources were then identified primarily to be from children playing in the outdoor areas, vehicles entering and exiting outdoor car park and the basement, mechanical (such as air conditioning units) and traffic noise from any additional vehicle movements. These sources were then analysed and modelled using noise recordings during peak times from another existing school operated by the same client whom the applicant represents.

The report found that noise criteria would be achieved at the boundaries of the property without special construction requirement subject to:

“acoustic barriers being provided on the perimeter of the outdoor areas of the school so that these areas are enclosed on the east and western perimeters and with partial returns on the northern perimeter”.

The Noise Report has assumed particular days and hours of use of the site and a maximum intake of students and staff. The applicant has advised that teachers will be on site between 7am and 6pm Monday to Friday which is consistent with the Noise Report. Hours of operation that have not been considered in the Noise Report are not supported.

The Noise Report provided for the proposed development has been reviewed by Council’s Environmental Health Department. The information provided is satisfactory and no objections were raised to the report subject to recommended conditions of consent. These conditions provide for the adoption of recommendations within the Acoustic Report (Standard Condition D013) and on-going noise management (Special Condition 2.19).

By adopting the recommendations of the acoustic report, providing adequate setbacks to all boundaries and acoustic barriers as proposed, it is likely the noise from the site will be mitigated satisfactorily.

10. Drainage

The site has been surveyed and observed to have a natural high point around the mid-western portion of the site which falls to the rear, the west and the south-western corner of the site.

The drainage solution for stormwater that is derived from the building work is proposed to be directed into an underground water tank system. This water is proposed for irrigation and fire control purposes. Overflow from the proposed tanks is shown to be directed into a series of permanent level spreaders, stabilised swales and in some cases, the existing table drain. This drainage solution is shown to maintain the site to pre-development flows. A condition is recommended to provide for clean disposal of stormwater (Standard condition D026).

Given this and the scale of the proposed development, the application was referred to Council’s Development Services Engineers for comment where no objection to the proposal was raised subject to adequate service provision, consideration and inclusion of advice from SRDAC and conditions pertaining to rainwater tanks being included by other relevant Council departments.

Conditions of consent were then recommended for inclusion in any consent providing for construction guidelines (Standard Condition A011), consolidation of lots (Standard Condition A014), traffic management (Standard Condition H003), Roads Act approvals (Standard Condition I003 and I004), construction certificates (Special Condition 2.20), hydraulic design verification and executed plans (Special Conditions 2.21 and 2.22 and Standard Condition K002), positive covenant for the proposed on-site stormwater detention system (Special Condition 2.23), water quality treatment system (Special Condition 2.24), adequate treatment and provision of car parking areas (Standard Conditions K025, K027 and K040), road safety (Standard Condition K039) and payment of bonds and fees where appropriate (Standard conditions K036, K037, P001 and P002).

Council’s Building Surveyors have recommended conditions of consent pertaining to the installation, certification and maintenance of the water tanks proposed (Standard conditions H036 (amended), H038 and H039).

11. Landscaping

In addition to an amended landscape plan as previously referred, conditions of consent are recommended to provide for the retention, protection, implementation and maintenance of existing and proposed vegetation where relevant (Standard Conditions L001 to L003, L005 to L008 and L012).

12. Regional Environmental Plans (REP’s)

Refer to above referred assessment of SREP 20 – Hawkesbury Nepean River

13. Soil Erosion and Sedimentation

A Plan of Proposed Earthworks and Soil and Water Management accompanied the development application. Cut to an approximate depth ranging from between 2.5 and 4.7 metres is proposed to accommodate the basement level proposed for the high school building component of the development application. This is warranted and has been demonstrated to be adequate in this instance given the proposed use. Conditions of consent are recommended to provide for adequate treatment of cut and fill products (Standard Conditions D005 and D006) and verge areas to be turfed at the completion of works (Special Condition 2.25).

 


Ordinary Meeting

22 February 2010

Appendix 9 - Extent of notification

 

 

 

 



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday February 22 2010

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                          1

 

2        Council Property - Option Lease of Shop 7 at Allen Arcade, 140-142 Henry Street, Penrith

 

3        Council Property - Lease of Shop 6, Allen Arcade, 140-142 Henry Street, Penrith

 

 


Ordinary Meeting

22 February 2010

A Leading City

 

 

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed:

·                         prejudice the commercial position of the person who supplied it; or

 

·                         confer a commercial advantage on a competitor of the Council; or

 

·                         reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                 matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·        a motion, based on the recommendation below, is moved and seconded

·        the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·        if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·        if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

A Leading City

 

2        Council Property - Option Lease of Shop 7 at Allen Arcade, 140-142 Henry Street, Penrith

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

 

3        Council Property - Lease of Shop 6, Allen Arcade, 140-142 Henry Street, Penrith

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

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS   

 

 

Date of Meeting:          Monday 22 February 2010

Delivery Program:       A Leading City

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

Report Title:                2009-10 Operational Plan - December Quarter Review

Attachments:                Services Performance and Financial Review Summary ~ Progress to 31 December 2009



Ordinary Meeting

22 February 2010

Attachment 1 - Services Performance and Financial Review Summary ~ Progress to 31 December 2009

 

 

 

 

 

 

 

Please contact Financial Services for a Copy

 

 

 

2009-10 Operational Plan - December Quarter Review

 

 

 

Services Performance and Financial Review Summary ~ Progress to 31 December 2009

 

45 Pages

 



 

ATTACHMENTS   

 

 

Date of Meeting:          Monday 22 February 2010

Delivery Program:       A Leading City

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

Report Title:                Summary of Investments for the period 1 January to 31 January 2010

Attachments:                Summary of Investments



Ordinary Meeting

22 February 2010

Attachment 1 - Summary of Investments

 

 

 





 

ATTACHMENTS   

 

 

Date of Meeting:          Monday 22 February 2010

Delivery Program:       A Liveable City

Issue:                            Our physical infrastructure is adaptable, and responds to changing needs

Report Title:                Draft Local Development Contributions Guidelines

Attachments:                Submission to Department of Planning regarding draft Development Contribution Guidelines



Our Ref:

Contact:         Anthony Milanoli

Telephone:     4732-8073

                                                                                                                              23 February 2010

 

Mr Andrew Jackson

Executive Director

Strategy & Infrastructure Planning

Department of Planning

GPO Box 39

SYDNEY  NSW  2001

 

Dear Mr Jackson

 

Consultation on the Draft Local Development Contributions Guidelines

 

Thankyou for your recent invitation to comment on the draft Local Development Contributions Guidelines issued on 4 December 2009.

 

Staff have reviewed the guidelines and this response was presented to and adopted by Council at its meeting of 22 February 2010.

 

The Department is to be congratulated for the thoroughness of its review and its efforts to provide enhanced clarity and certainty for local government, the community and the development industry through the new guidelines. The draft guidelines contain several new initiatives or clarifications that will improve the contribution planning process and help ensure plans can achieve the objective of providing appropriate and affordable facilities for new communities into the future.

 

Council’s current approach to Contributions Plans and Planning Agreements – their nature and scope – is largely consistent with the proposed guidelines and legislative changes. However, the changes proposed do have significant implications for Council. Our primary concerns in relation to the draft guidelines are as follows :

 

·    Indexation method and frequency – Use of the CPI as the indexation method and limiting it to an annual event is inappropriate and unreasonable and likely to risk financial shortfalls in plans. The CPI does not measure land value changes, which is a key component of plan costs. We suggest alternative indices which better reflect the land and infrastructure funded by the plans;

 

·    The ambiguity surrounding the requirement for Council to assess the “affordability” impacts of new plans on development is likely to lead to interpretive problems and possible legal challenges. This issue needs further definition in the guidlelines ;

 

·    The criteria for describing the types of infrastructure that can be applied to contributions plans and the rates at which such infrastructure should be provided needs justification / citation as to the research or evidence upon which it is based;

 

·    The implications for processing times for contributions plans when Departmental and Ministerial oversight and reporting is to be increased needs to be recognised by way of DoP staff resourcing if undue delays are not to occur.

 

·    The 18 month timeframe for Council to review its existing 18 plans would prove extremely difficult for Council to meet. We request a more flexible timeframe that recognises each council’s circumstances, akin to that which applies to preparation of new LEPs

 

·    The section on Planning Agreements needs to recognise the complexity of negotiations on planning proposals / rezonings. On occasions, a planning proposal will only have merit if the sustainability benefits accruing from the planning agreement are included – e.g. payments for affordable housing, job creation.

 

More detailed analysis of the draft guidelines is presented in Appendix A attached to this letter.

 

We look forward to the Department’s consideration of these matters and would be happy to discuss any issues further.

 

If you require further information regarding our submission please contact Anthony Milanoli of 4732-8073.

 

Yours faithfully

 

 

 

Paul Grimson

Sustainability and Planning Manager


Appendix A:  Detailed Comments / Observations on the draft guidelines

 

Page No.

Comments

title

The title should be amended to reflect the scope of the Guidelines covers Planning Agreements.

 

6-7

The introduction should clearly outline the purpose of contributions, being the provision of infrastructure essential for the effective functioning of  new development and the community for which it is created. The introduction should further state that the contributions need to be fair, reasonable and affordable.

 

8

The role/legal status of the guidelines has always been ambiguous. Rather than “not constituting legal advice”, perhaps the guidelines should be formalised in status to be a Ministerial Direction. This would provide all stakeholders with greater certainty regarding the role of the guidelines and achieve greater consistency in the preparation and application of plans across the State.

 

11, 1st dot point

The term “State Contribution Area” should be included in the glossary of terms as it is first used in this section (and subsequently throughout the guidelines), but never defined or explained.

 

12, 3rd dot point

State infrastructure (and hence the associated levy) is often not determined at the time Council has concluded its Contributions Plans (e.g. in Penrith City’s case, the WELL Precinct , Glenmore Park stage 2). In the absence of this certainty regarding State levies, councils would not be able to define all rates and their impact on affordability before concluding their contributions plans. This section should be amended to reflect this fact.

 

12, 6th dot point

Clarification is sought as to those occasions “the council is the Minister” as described in this point

 

13

Reference in the first paragraph to “Table 2” should be changed to “Table 1”

 

13, Table 1, 3rd dot point, row 1

Rather than referring to priorities for provision of infrastructure, it may be clearer to describe this as “proposed staging thresholds for infrastructure ”.

 

13, Table, row 2

 “affordability” of development and whether it will be “uneconomic” is a vague exploration of a criticial issue. Given this issue has been a key concern of the State government in relation to its review of contribution planning, clearer direction on this matter should be provided in the guidelines.Affordability and economic development should be either defined or descriptions as to a process for deducing these outcomes should be included in the guidelines.

 

14, Table, last row

Estimating demand for some public infrastructure such as open space and community facilities is very difficult due to the absence of industry accepted standards. This reflects an absence of solid research on the issue. In this regard, the Guidelines inclusion of sieve criteria is a welcome starting point, however it does not appear to be based on any accepted / recognised research. The basis for the criteria needs to be cited. This will be especially useful in the event of legal challenge.

 

Additionally, the criteria are suggested rather than enforceable or mandatory standards. The guidelines would be even more useful if they included industry accepted standards for application where relevant.

 

15, 2.3.2

The first paragraph is inappropriate as opening text and the section would flow better if it was relocated later in this section.

 

15, Note box

Text contains a typo and should read “…only have one contributions plan…”.

 

15

Direct Contributions – this section should open with a summary of what a Direct Contribution is rather than commence with conditions associated with them. Additionally, this whole section on Direct Contributions reads very legalistically, is not transparent and needs to be made simpler and clearer to be useful to the reader.

 

16, 2.3.3

The key community infrastructure described in the draft guidelines’ sieve criteria in Appendix B exceed those described here on page 16 in the description of clause 31A(1) of the EP&A Regulations – e.g. shared pathway facilities and transport facilities like LATMs are in the sieve criteria but not the Regulations clause. Consistency is required.

 

19

Reference to “Table 3” on the second last line should read “Table 2”.

 

23, Figure 2

The Figure describing the process for preparing and implementing a contributions plan does not include any content detailing the necessary  analysis of the specific needs of new development based on its particular characteristics/needs. This key aspect of the process should be included in the figure.

 

24, 3.5, 2nd para

This section should offer clearer instruction on appropriate thresholds for delivery of certain infrastructure such as open space or community facilities, especially for new urban release areas. Given there have been numerous new release areas in recent decades it should be possible to ensure consistency in timing provision of playing fields, neighbourhood centres, quantum of passive open space etc, according to certain population/dwelling numbers. Applying standard provision rates will help ensure equitable access to infrastructure in new communities across the State.

 

26, 3.6.4, 1st para

Suggest softening this paragraph to read “trade-offs may be made if contributions are not to be unreasonable”, as some outer-ring LGAs have communities which do not typically insist on unreasonable facilities provisions.

 

29, 3.9

1st dot point contains a typo and should read “…within 14 days after its approval..”

2nd dot point contains a typo and should read “…the notification of a plan’s effect…”

 

31

1st dot point – A causal nexus is as much about “why” as it is about “what” – suggest the text be amended to reflect this “why” component of causality.

 

The sentence commencing “To have addressed nexus…” mid way down the page contains a typo and should conclude “…prepared by the council should consider..”

 

37

Example 1 – describes “application of the above occupancy assumptions” but does not describe those occupancy assumptions in preceding text.

 

39

The formula uses the numerals (i) and 1 – does this need to be rectified to made consistent ?

 

40, 2nd para

The structure of new contributions plans should be mandatory in order to achieve consistency across the state and simplify the process, as occurs with the new LEP Standard Instrument. Once a mandatory structure is imposed the new template for plans might expedite their preparation (thereby minimising cost of preparation). Comparison between plans would be made easier (particularly for occasional review by State agencies such as the DoP as well as in the Land and Environment Court), inappropriate anomalies between plans would be made clearer and there might be more scope for plans to be prepared in-house by councils. Industry users such as developers would also find interpreting plans from different LGAs easier and more  efficient due to familiarity with a State-wide template.

 

43, 5.3.3 2nd para

The last sentence states that the contributions plan must specify the index to be used. Does this suggest that councils will have discretion regarding the index and indirect plans will not need to apply the ABS CPI ?

 

43, 5.3.4, 3rd para

Reference to Table 4 should be amended to read “Table 3”, as per the table following it.

 

44, 5.4, 2nd para

As per direct contributions plans, it is suggested that the structure for indirect plans should be made mandatory in the interest of State-wide consistency, expediting plan preparation time and cost, and enabling ready comparison between plans by agencies, the courts and the development industry.

 

45

The section on Planning Agreements, especially the content on how the consideration of Agreements should relate to examination of the merit of planning proposals and Development Applications, provides some guidance and is welcome. However, the guidelines are less clear in suggesting how a Council manages a rezoning or planning proposal in which the rezoning only has merit if it is accompanied by the benefits included in a planning agreement. For example, if achieving a sustainable development can only occur if payments are made for affordable housing or jobs to be provided elsewhere within the LGA to balance the impacts of the new development. Additionally, guidance needs to be provided to councils regarding how to manage situations in which a rezoning is endorsed without a signed planning agreement but the developer / landowner subsequently refuses to sign the agreement since the rezoning they sought is underway.

 

46, 6.4.2

Planning Agreement structures and broad parameters, as well as probity constraints should be mandated at the State level, rather than each Council considering developing “its own specific policy for the negotiation and preparation of planning agreements”. This will ensure consistency and no excuse for breaches of probity due to locally devised approaches. A State-wide mandated approach will also avoid the need for councils to inefficiently duplicate resources towards this effort.

 

49, 6.4.12, 2nd para

The text refers to Figure 4, but the Figure is identified as Figure 5. Consistency required

 

50, Figure 5

Step 7 – should read as Public Notification, as exhibition implies a right of public comment

 

Step 8 – Our understanding of public notification of Planning Agreements is that the notification is not an opportunity for public submissions, merely alerting the public to proposed agreements (this appears to be confirmed in section 6.8 of the Draft Guidelines themselves).

 

New Step 9 -  Signature from both parties

 

New Step 10/11 – Notify Director General in writing of conclusion of agreements after signature

 

51, 3rd para

The reference to “formal public participation” is at odds with the statutory requirement for public notification – as described later in the draft Guidelines at section 6.8. What right does the notification provide the public to provide submissions/involvement, as suggested in this paragraph ?

 

54

The opening sentence and the 3rd dot point do not make grammatical sense and need correcting. Suggest embedding the 3rd dot point in the subsequent paragraph describing the nature of public notice.

 

56, 2nd last para

Suggest amending the phrase “a planning agreement…should not take effect until a development consent or project approval is granted or within a designated period from the date of gazettal of an LEP …”. This recognises that many planning agreements relate to planning proposals and being able to specify a date after which land will be transferred or payments made, etc, enables councils to manage projects (such as programming funding for affordable housing initiatives or coordinating associated public works in the vicinity of affected sites)

 

63, 7.5.2,

2nd dot point - Suggest this dot point text be simplified to read “ A council : Is to keep a contributions plan under review and review the plan by the review date stated in the plan.

3rd dot point – review of land cost should be able to be accommodated via annual indexation and not necessitate a formal review, as this would add to the resources associated with ongoing plan management.

 

64, 1st para

The guidance on use of unspent funds from repealed plans is welcome and appropriately flexible. It recognises the practical problems that can occur with plans that extend over many years and numerous facilities paid for by often hundreds of development applications. Permitting use of unspent funds on related works that benefit the new development is endorsed.

 

64, 65 - 7.6.1 and 7.6.2

Indexation of Contributions through application of the ABS Consumer Price Index – as proposed in the draft Guidelines - would make the plan unreasonable (and hence potentially subject to legal challenge) and more resource intensive for councils to maintain.

 

This section of the draft Guidelines correctly states that “the indexing of contributions is important given the effects of inflation and the adverse effects of land value escalation over time”. Indexation ensures that a plan and its associated facilities cost is reasonable – i.e. the plan has a reasonable likelihood of being able to meet its commitment to deliver the infrastructure described in the plan because the index used relates to the infrastructure items being costed. It is therefore grossly inappropriate that the ABS Sydney CPI is used as the index for updating land and facility costs in the plan. As described in the ABS “Guide to the Consumer Price Index, 2005”, the CPI measures a basket of household goods and services. The categories measured are Food, Alcohol and Tobacco, Clothing and Footwear, Housing, Household Contents and Services, Health, Transportation, Communication and Recreation and Education. None of  these categories, including  the Housing category (which does not measure land cost movements) relate to capital or land costs that are items in Contribution Plan facilities costs. Practical demonstration of the inappropriateness of using the CPI can be seen in the fact that through 2009 average house and land prices in Sydney increased by 12%. Through the same period, the CPI was 2% .

 

In the case of a recently adopted  contributions plans for the urban release area of the WELL Precinct in Penrith City, land component costs for water management facilities and open space represent between 54% and 65% respectively and amounted to $13.5 million and $30 million in each case for land acquisition. If the CPI (at say 3%) rather than land price movements (at 12%) was used to index these costs, the shortfall in the first year would be $1,215,000 for water facilities land acquisition and $2.7 million for open space land acquisition. Repeating this exercise for multiple new release areas would therefore represent up to $10 million variation in shortfall through this indexing method.

 

The quarterly ABS Housing Price Index – Established House Prices (Sydney) would be a more appropriate index for land values in Contributions Plans (for metropolitan Sydney). The CPI could then be applied to other non-land infrastructure items in contributions plans. This would ensure Contribution Plans remain current and that limited Council resources do not need to be allocated to formal reviews of plans to ensure no shortfalls occur.

 

It should be noted too that Council has applied the ABS House Price Index in its plans to date and never been subject to challenge by the development industry or the Land and Environment Court as to its reasonableness.

 

We also suggest that indexation be permitted as frequently as quarterly (rather than annually as proposed in the guidelines). Quarterly review occurs at present and recognises the growth in land cost that occurs in Metropolitan Sydney. Annual indexation would lead to financial shortfalls in the plan and the need for these to be met by general revenue, thereby creating a subsidy of the new infrastructure by existing residents. Such a subsidy is considered unreasonable and inequitable.

 

66, 7.7.1

The section Heading appears to contain a typo and should read “Deferred or periodic payment”

 

69, 3rd para

Offsetting contributions against other categories where a contribution for one category is greater than it needs be runs the risk of leading to a category shortfall. Suggest this transfer option be deleted from text of the draft guidelines.

 

70, 7.9.1, 5th para

The opening sentence contains a typo and should read “The full cost of any discount granted…”

 

76, 2nd para

The 2nd sentence introduces a technical road condition classification without explaining it. The text would be clearer if it read “,,,such as Level of Service (LOS) C, which indicates a satisfactory level of service.”

 

79, 7th para

Sentence contains a typo and should read “Where development is carried out by the public sector in a profit-making…”

 

88

The guide to key and additional infrastructure is described as being “a guide only”. Whilst the table provides welcome direction, it is suggested that in the interest of achieving standardisation and consistency across the State, the infrastructure should have mandatory minimum infrastructure standards. A mandatory template for basic infrastructure would enable not only comparison of plans but also provide a  welcome degree of certainty with respect to expectations of all stakeholders (the eventual occupants, councils and developers planning new projects/estates and State agencies). The infrastructure list could be updated if industry perceptions of “key” or “desirable” evolve over time or are refined by further research. This is especially necessary given the State recently expressed concern about the nature of some facilities being included in existing Contribution Plans. Given this concern, the State should be prepared to commit to those facilities it considers appropriate.

 

It is inappropriate to identify golf courses  as a key piece of infrastructure needed to be provided by the public given the land area and cost involved. Including golf courses would have a dramatic impact on contribution rates and hence on affordability. This item should be removed from the table as they can be provided by private clubs at private expense.

 

The source or basis of the material contained in the “Key infrastructure Appendix” table should be cited as this would make it more defensible or at least enable analysis of its suitability/merit.

 

91

Sieve Criteria for Infrastructure – The criteria is to be applauded as an attempt to standardise an approach to this issue. The criteria would be more valuable, however,  if its basis/source was cited. Given the source of this material is unknown it is difficult to have confidence in the content. The Commonwealth Government’s Crawford report  into Sport and Recreation (Nov 2009) confirmed the absence of accurate data on sporting participation levels and appropriate rates of recreation facility provision. The rationale for the criteria contained in the table is therefore critical in ensuring it provides a well founded basis for infrastructure provision in Contribution Plans and Planning Agreements.

 

94

Swimming Pools Criteria – A rate of 1 swimming pool per 17,500 residents would be an extraordinarily high level of provision for most metropolitan LGAs and would significantly impact on contribution rates. Ongoing Council maintenance costs for such facilities would also be unmanageable. This rate of pool provision may only be applicable to Sydney City Council, where land is scarcer, residential densities are considerably higher and other active recreation options are more limited due to spatial constraints. Suggest reviewing this swimming pool criteria rate.

 

98

Rural Fire Service and State Emergency Services rates  - Consider adding a note that contributions may only be taken for these at a local government level where the site and building will be in the ownership of the council.

 

99

The heading states that this is a “Sample Structure”, but then states under Executive Summary “this must be contained in every contributions plan”. Suggest reconsideration of wording to achieve consistency in intent.

 

Executive Summary, 6th dot point –The meaning of the term “Fundamental elements” is unclear.  Suggest clarifying or deleting.

 

Suggest including a section entitled “How to use this Plan”.

 

100

Before “Community Infrastructure and Contributions” there should be a section entitled something like “Development Growth and Change Analysis”, that would describe and analyse the development growth projected, profiles of the incoming population that will demand the new infrastructure/facilities, etc.

 

102

The section is headed “Sample structure …” but then the Executive Summary states “this must be contained in every contributions plan”. Suggest reconsideration of wording to achieve consistency in intent.

 

103

Before “Development forms to which the plan applies” there should be a section addressing the issue of “Development Growth and Change Analysis”, and describing and analysing the growth projected and profiles of the incoming population that will demand the new infrastructure/facilities, etc.

 

Timeframe for plan review

The suggested 18 month timeframe for reviewing all plans after legislative changes are enacted is considered unrealistic given the resources available to councils and the contributions plan industry. Penrith has 18 plans that will require review, along with the preparation of numerous additional plans over that 18 month period. We suggest that differences amongst councils be recognised and more flexible, council-specific timeframes be adopted by the Department, as occurs with the new LEP process. 

 

Plan processing times when Departmental/ Ministerial oversight is required

If the Department and Minister are to be involved in reviewing and authorising contribution plans to the extent described in various parts of the guidleines and legislation, this is likely to increase the time involved in finalising plans. This needs to be recognised in terms of allocating sufficient staff numbers at the DoP level to ensure plan fi