17 March 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 March 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 - 22 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

Access Committee Meeting - 3 February 2010.

Local Traffic Committee Meeting - 1 March 2010.

Policy Review Committee Meeting - 8 March 2010.

Waste Services Committee Meeting - 24 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 March 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 22 FEBRUARY 2010 AT 7:34PM

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, 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

32  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that the apology from Councillor Robert Ardill be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 1 February 2010

33  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that that the minutes of the Ordinary Meeting of 1 February 2010 be confirmed with the following amendment, in respect of Mayoral Minute 3: 

 

 “An AMENDMENT  was moved by Councillor Greg Davies seconded Councillor Prue Guillaume. His Worship the Mayor ruled that according to Bluett’s Guide to Local Government amendments do not need to be accepted and ruled that the amendment not be accepted.”

 

 

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 15 February 2010

34  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc that the minutes of the Extraordinary Council Meeting of 15 February 2010 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor, Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 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 as he lives in the area.

Councillor Ross Fowler OAM declared a Pecuniary Interest in the Committee of the Whole Item 3 - Council Property - Lease of Shop 6, Allen Arcade, 140-142 Henry Street, Penrith as he is the Auditor of the proposed lessee of the property.

 

SUSPENSION OF STANDING ORDERS

35  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kaylene Allison that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:57pm.

 

Mr Stephen Joyce

 

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.

 

Mr Stephen Joyce, the applicant spoke in support of the recommendation and highlighted that it is proposed that the school would be small scale with only 150 students. Mr Joyce stated that they have undertaken consultation with neighbours, including two resident meetings, and have worked with Council for a good outcome for all stakeholders including designing a development sympathetic to the surrounding area. Mr Joyce spoke of the School’s willingness to integrate with the local community, and outlined actions taken to minimise the impact on the local community. Mr Joyce concluded by asking Councillors for their support for the proposal.

 

Ms Lisa Xeureb

 

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.

 

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 highlighted that there are very few quiet rural areas around any more and that this School will change the rural landscape.

 

 

 

 

Mr Nicholas Gatt

 

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.

 

Mr Nicholas Gatt, affected neighbour spoke in opposition to the recommendation stating that the choice of the locals in the area is very important, and they do not want this development. Mr Gatt believes the increase in traffic has the potential to cause accidents and injury in the local area. Mr Gatt claimed there is no need for a School in the area as there are already sufficient ones in place and that the area does not want to change.

 

Mr Ray Madden

 

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.

 

Mr Ray Madden, affected neighbour spoke in opposition to the recommendation and highlighted that the original notification of the application was not sufficient for residents to comment. Mr Madden stated that the area is one of the few rural areas that have remained untouched and is steeped in history. Mr Madden claimed that while the zoning allows for the development there are other more favourable zonings which would suit the site.

 

36  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kath Presdee that an extension of time be granted to Mr Ray Madden, the time being 8:15 pm.

 

Mr Madden continued, claiming that the buildings proposed for the School are non rural in character and raised concerns as to how long the number of students will remain at 150. Mr Madden also expressed concerns about the sewage line and whether it will be sufficient and appropriate given the landscape and usage.

 

RESUMPTION OF STANDING ORDERS

37  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that Standing Orders be resumed, the time being 8:18pm.

 

Reports of Committees

 

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

38  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume 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

 

Procedural Motion

 

39  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that Item 11 be moved and dealt with first on the agenda.

 

 

A Green City

 

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

His Worship the Mayor, Councillor Kevin Crameri OAM having previously declared a Pecuniary Interest left the meeting the time being 8:19pm.

The Deputy Mayor, Councillor Ross Fowler OAM, took the Chair for consideration of the item, the time being 8:19pm.

40  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 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 2.5m 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 the building and property boundary along the eastern elevation is to be amended to provide for mature trees, that do not exceed a height 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 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

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 Ross Fowler OAM

 

Councillor Kaylene Allison

 

Councillor Jim Aitken OAM

 

Councillor Prue Guillaume

 

Councillor Jackie Greenow

 

Councillor Kath Presdee

 

 

A Leading City

 

1        2009-10 Operational Plan - December Quarter Review

          His Worship the Mayor, Councillor Kevin Crameri OAM returned to the meeting and took the Chair the time being 8:36pm.

41  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Prue Guillaume

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.

 

2        Abandonment of Sundry Debts                                                                                          

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

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.

 

3        NSW Local Infrastructure Fund                                                                                        

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

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.

3.     The Council write a letter to the Minister for Planning thanking the Minister    for the loan made available to the Council.

 

4        Support for Earth Hour 2010                                                                                             

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

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.

 

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

45  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 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.

 

 

A City of Opportunities

 

6        Youth Week 2010 - Proposed Activities and Funding                                                      

46  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc

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.

 

 

A Liveable City

 

7        Draft Local Development Contributions Guidelines

Councillor Kath Presdee left the meeting, the time being 8:56pm.

Councillor Kath Presdee returned to the meeting, the time being 8:58pm.                                         

47  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch

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.

3.      A copy of the report be sent to local members of Parliament making strong representations that the use of CPI rather than land value is not appropriate, and asking them for their comment and what they are doing with respect to the Development Contributions Plan.

4.      A copy of the report be sent to the Local Government Association and the National Growth Centres Alliance to ensure that those organisations understand the concerns Council has and seeking their support for Council’s position.

5.      A copy of the report be sent to the NSW State Premier.

6.      The Council officers be congratulated for the report.

 

 

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

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

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)

 

9        NSW Communities - Sport and Recreation Facility Grant                                              

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

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

 

 

 

 

 

 

 

 

 

A Vibrant City

 

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

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

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.

3.     A further report be prepared detailing the potential reasons for the major consumption variations and the cost implications of these variations.

 

The Mayor made a statement regarding his proposed membership of the Local Government Party.

 

His Worship the Mayor, Councillor Kevin Crameri OAM raised an urgent matter relating to a grant application made by the Council to the State Government in respect of Chameleon Drive, Erskine Park. The Mayor indicated that a Report had been presented to the Council's Ordinary Meeting of 1 February 2010 regarding the grant application, but at the time the Council had not resolved to allocate funds to match the grant funds of $13,000 towards the path paving at Chameleon Drive, Erskine Park.

 

The Mayor advised the Meeting that the funding authority required a resolution of the Council that it would match the grant funds of $13,000 received, and therefore the Mayor declared the matter was urgent.

 

His Worship the Mayor, Councillor Kevin Crameri OAM called for a MOTION that Council resolve to accept the grant of $13,000.00 from the Community Building Partnership for path paving at Chameleon Drive, Erskine Park, with matching funds drawn by forward funding from Council’s 2010-11 Path Paving Construction Program.

 

The MOTION was PUT by Councillor Jim Aitken OAM and Seconded Councillor Tanya Davies that Council resolve to accept the grant of $13,000.00 from the Community Building Partnership for path paving at Chameleon Drive, Erskine Park, with matching funds drawn by forward funding from Council’s 2010-11 Path Paving Construction Program.

 

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

 

51  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies that Council resolve to accept the grant of $13,000.00 from the Community Building Partnership for path paving at Chameleon Drive, Erskine Park, with matching funds drawn by forward funding from Council’s 2010-11 Path Paving Construction Program.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Public Access to Regatta Centre                                                                             

Councillor Ross Fowler OAM  requested a report be brought back to Council regarding public access to the Regatta Centre.

 

QWN 2      Refurbishment works to male toilets at Kingsway Fields                                       

Councillor Jackie Greenow  requested a memo reply concerning the condition of the male toilets at Kingsway fields outlining what work is required to bring it up to an acceptable standard.

 

QWN 3      Code of Meeting Practice - Standing Orders                                                          

Councillor John Thain requested a memo reply to all Councillors regarding the Council’s  Code of Meeting Practice and Standing Orders.

 

QWN 4      Waste Services Committee meeting - Agenda Item                                               

Councillor John Thain requested that an item be placed on the next Waste Services Committee to discuss polystyrene packaging from supermarkets. Councillor Thain suggested that Council staff might raise this matter with WSROC.

 

QWN 5      Three Bin Waste System information update                                                         

Councillor Greg Davies requested that Council advise residents through the Council website and social media outlets that Council have agreed to supply a weekly residual service on request at cost. The logistics of supplying that service be addressed at the Waste Services Committee on Wednesday 24 February 2010. Additionally, Clr Davies requested that information as to the supply of that additional service be available on Thursday 25 February 2010.

 

QWN 6      Requests for Assistance                                                                                           

Councillor Greg Davies requested that an amount of $200.00 be allocated equally from each wards voted works to assist with the running of the annual Fishfest event. Councillor Greg Davies also requested that in future this amount be allocated in the annual budget.

52  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

53  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that an amount of $200.00 be allocated equally from each wards voted works to assist with the Fishfest event.

 

 

Councillor Greg Davies requested that Hall hire fees be allocated from North Ward Voted works for the use of Castlereagh hall for the usage by the Local P&C.

 

54  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

55  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that hall hire fees for Castlereagh Hall be allocated from North Ward voted works to assist the local P&C with usage.

 

Councillor Greg Davies requested a report be brought back to Council on the request from the Nepalese community for a fee reduction on the hire of a Council Hall, after the Mayor discusses the matter with representatives of the Nepalese community.

 

QWN 7      Naming of Mini Rugby League Fields at Peppertree Reserve - Erskine Park    

Councillor Greg Davies requested consideration be given to naming the new mini rugby league fields at Peppertree reserve in honour of Mr Bill Borg for recognition of his hard work and involvement with local junior rugby league over many years. It was agreed that a report on this matter will be presented to the Council’s Meeting on 22 March 2010.

 

QWN 8      Footpath - Coreen Avenue and Train Station                                                          

Councillor Greg Davies  requested a report to Council on footpath access from Coreen Avenue to Penrith Station, this report to include costings and a timeframe on any rectification works.

 

QWN 9      Development Applications Review - Llandilo                                                         

Councillor Kath Presdee requested a report to Council reviewing the Development Applications processed in Llandilo for housing and sheds, providing figures of numbers of applications, delegated approvals and refusals for 2007, 2008 and 2009 and also providing details regarding connectivity within Llandilo and infrastructure links such as bike paths.

 

QWN 10    Impact of New Fair Work Act                                                                                  

Councillor Kath Presdee requested a report to Council addressing the impact on Council’s controlled entities in relation to the introduction of the new Fair Work Act and modern awards.

 

QWN 11    Options for E-Waste disposal                                                                                   

Councillor Kath Presdee requested a report to the Waste Services Committee outlining the options for disposal of E-Waste such as computers and other electrical items.

 

QWN 12    Traffic Issues – Muru Drive and Surveyors Creek Road                                      

Councillor Prue Guillaume requested a report to the Local Traffic Committee to investigate accidents on Glenmore Parkway, between Muru Drive and Surveyors Creek Road, and strategies to prevent future accidents.

 

QWN 13    Padre Pio Parish – Congratulations                                                                         

Councillor Prue Guillaume requested that Council congratulate the Padre Pio Parish at Glenmore Park on the completion of the new church.

 

QWN 14    Bus Stop - Evan Street                                                                                             

Councillor Prue Guillaume requested that the Local Traffic Committee be thanked for resolving to approve a bus stop on Evan Street, near Smith Street and asked to be kept informed in respect of the erection of the bus stop.

 

 

Committee of the Whole

 

56  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:36pm.

 

 

1        Presence of the Public

 

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

 

 

A Leading City

 

2        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.

 

 

 

The meeting resumed at 9:39pm and the General Manager reported that the Committee of the Whole met at 9:36pm on Monday, 22 February 2010, the following being present

 

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, 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        Council Property - Option Lease of Shop 7 at Allen Arcade, 140-142 Henry Street, Penrith  

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

CW2 That:

1.     The information contained in the report on Council Property - Option Lease of Shop 7 at Allen Arcade, 140-142 Henry Street, Penrith be received

2.     Council grant the first 3 year option period lease to Australian Hearing Services at Shop 7, Allen Arcade, 140-142 Henry Street, Penrith in accordance with the terms and conditions as outlined in the report.

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

 

3        Council Property - Lease of Shop 6, Allen Arcade, 140-142 Henry Street, Penrith

          Having previously declared a Pecuniary Interest, Councillor Ross Fowler OAM left the meeting the time being 9:39pm.                                                                                                                

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Prue Guillaume

CW3 That:

1.     The information contained in the report on Council Property - Lease of Shop 6, Allen Arcade, 140-142 Henry Street, Penrith be received

2.     Council grant Nepean Independent Living Committee Incorporated a 3 year lease with a 3 year option over Shop 6 at Allen Arcade, 140-142 Henry Street, Penrith in accordance with the terms and conditions as outlined in the report.

 

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

Councillor Ross Fowler OAM, returned to the meeting the time being 9:39pm.

 

ADOPTION OF Committee of the Whole

 

57  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Prue Guillaume that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 & CW3 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:42pm.

 

 

 

 


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


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        The passing of Alf Randell OAM

 

2        Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President

 

3        Council staff response to emergency situation

 

 



Ordinary Meeting

22 March 2010

A Vibrant City

 

Mayoral Minute

The passing of Alf Randell OAM

 

Mr Stephen (Alf) Randell OAM, one of Council’s 2002 Wall of Achievement Award recipients, passed away last month aged 86 years. Alf was a long term resident of Penrith City and will be sadly missed by all who knew and worked with him.

 

Alf was passionate about this area and its people. He volunteered a huge amount of time, energy and expertise to various local activities and organisations. He was awarded a Medal of the Order of Australia in June 1999 for service to people with disabilities, particularly through the St Marys Arts and Crafts Association, and to the community.

 

A war veteran who spent time in Singapore’s infamous Changi Prison Camp, Alf moved to St Marys in 1957 with his late wife Billie, and they quickly became active in the local community. They were founding members of the Henry Lawson Club as well as the St Marys RSL, Band Club, Historical Society, Football Club and the St Marys Spring Festival which they organised for more than 20 years.

 

In 1975 Alf co-founded the St Marys Community Arts Centre which is still going strongly providing connection, skills and enjoyment to many in the community. He continued as an executive member and later President for many years. He also taught arts to adults and children including those with disabilities for over 20 years at the centre.

 

Alf returned to his roots in the Hunter Valley after his wife passed away in 2002, but his passing is a sad loss to our region. On behalf of Council I offer our deepest sympathy to his family and to his many friends and colleagues.

 

In recognition of Alf and Billie’s commitment to the local community, I am pleased to endorse through this Mayoral Minute a suggestion by Councillor Greg Davies that Council erect a plaque in their memory at the former St Marys Council Chambers. The plaque could be unveiled as part of the official opening of the St Marys Corner Community and Cultural Precinct in May.

 

 

Cr Kevin Crameri OAM

Mayor

 

RECOMMENDATION

            That:

1.   The Mayoral Minute on The passing of Alf Randell OAM be received.

 

2.   Council erect a plaque in memory of Alf and Billie Randell at the former St Marys Council Chambers, to be unveiled at the official opening of the St Marys Corner Community and Cultural Precinct on 29 May 2010.

 

 


Ordinary Meeting

22 March 2010

A City of Opportunities

 

Mayoral Minute

Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President

Strategic Objective: Our capacity and wellbeing is enhanced through the support of collaborative networks and partnerships

           

 

On Saturday March 6, Councillor Karen McKeown was re-elected unopposed as President of the Australian Local Government Women’s Association’s New South Wales Branch. Councillor Jackie Greenow and Council staff members Bev Spearpoint (149 Certificate Clerk) and Helen Cooper (Corporate Planning Officer) were also re-elected to the Executive Committee despite strong competition from council representatives across the state.

 

The Australian Local Government Women’s Association (ALGWA) is the peak body representing the interests of women in local government as officers or elected members. The elections were held at the ALGWA NSW State Conference and Annual General Meeting in Moree.

 

This is a tremendous honour, not only for Cr McKeown, but also for Penrith City Council which has for many years financially supported Councillors and officers in attending such state and national conferences. Cr McKeown’s appointment is also evidence of this Council’s commitment to women in Local Government and equal opportunity for councillors and staff at all levels.

 

I think it is very worthwhile that our City’s elected representatives are able to expand their knowledge, experience and networks through such forums and I’m aware that not all councils offer their representatives the same support. Attending these conferences and taking on these voluntary roles demands a lot of the individual’s time.

 

Our long term involvement with ALGWA has been very beneficial to Penrith and I am sure our residents and staff appreciate such an obvious commitment to equal opportunity.

 

I would like to congratulate Cr McKeown, Cr Greenow, Bev Spearpoint and Helen Cooper on their appointments and reiterate Council’s support for ALGWA.

 

 

 Cr Kevin Crameri OAM

 Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President be received.

 

 

 


Ordinary Meeting

22 March 2010

A Liveable City

 

Mayoral Minute

Council staff response to emergency situation

Strategic Objective: The risk from emergency events to our communities is minimised

           

 

 

 I would like to commend and thank Council’s staff for their swift action in helping the community in a potentially dangerous incident in the early hours of Friday morning.

 

At 4.45 am on 19 March Council staff were alerted to an emergency situation in Kareela Avenue Penrith where a resident’s vehicle with gas cylinders on board had caught fire.

 

The New South Wales Fire Brigade were concerned about residents’ safety and evacuated the surrounding houses.

 

While a number of the residents went to nearby friends and relatives, there were a number who needed shelter and Council was asked to provide a local evacuation centre.

 

Within 45 minutes Council staff had opened a nearby hall with a supply of light refreshments. A volunteer from the local Rural Fire Service (RFS) drove the Council RFS bus to the area to collect and take the 10 residents, including children, who required assistance to the hall.

 

At 7.00 am the all clear was provided by the New South Wales Fire Brigade and Council returned residents to their homes.

 

Council’s Local Emergency Management Officer has regular contact and works closely with the local emergency services and key Council staff to ensure when these situations arise we can help.

 

Council is proud of the efficient and professional assistance that Council’s staff gave such prompt assistance to the Penrith local community last Friday.

 

 

 

Cr Kevin Crameri OAM

 Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Council staff response to emergency situation be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 3 February 2010

 

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

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 8 March 2010

 

4        Report and Recommendations of the Waste Services Committee Meeting held on 24 February 2010

 

 



Ordinary Meeting

22 March 2010

A City of Opportunities

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 3 February, 2010

 

 

 

PRESENT

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

 

IN ATTENDANCE

 

Graham Howe, Acting Building Project and Maintenance Coordinator; Joe Ibbitson, Community Programs Coordinator; Ben Felten, Disability Access Officer; Hans Meijer, City Works Manager; David Burns, Recreation Operations Officer; Vanessa Muscat, Environmental Health and Building Surveyor; Erich Weller, Community and Cultural Development Manager; Steve Barratt, Regulation and Compliance Unit Coordinator; Peter Wood, Development Assessment Coordinator; Ruth Robinson, Physical Disability Council of NSW; Kevin Finlayson, Physical Disability Council of NSW.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 2 December 2009

The minutes of the Access Committee Meeting of 2 December 2009 were confirmed.

 

Councillor Ardill acknowledged Councillor Greenow’s selection as a finalist in the 2009 National Disability Awards as she was not in attendance at the last Access Committee meeting when the Mayoral Minute was read out.  Councillor Greenow advised that Joe Ibbitson and Ben Felten had attended the award ceremony with her and she thanked everyone.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

1        Physical Disability Council of NSW - Penrith Community Consultation                         

Councillor Greenow welcomed the guests from the Physical Disability Council of NSW to the meeting.

 

Ruth Robinson, Executive Officer of the Physical Disability Council of NSW, introduced herself and Kevin Finlayson from the Board of Management.  Kevin Finlayson attended the Access Committee meeting as a representative of the Penrith community.

 

Ruth Robinson explained that the Physical Disability Council of NSW was established in 1995 and is the peak body for people with a disability in NSW, with a life long physical disability.  The Disability Council is not involved in service provision.  Ruth Robinson spoke about the Physical Disability Council of NSW and she provided information about the consultation held in Penrith in November 2009.

 

Ruth Robinson spoke to her PowerPoint presentation which included the following points:

 

·    people with a disability are ordinary people trying to live ordinary lives

·    the constitution of the Physical Disability Council aims to:

·    educate, inform and assist people with a physical disability

·    develop the capacity of people with physical disabilities

·    educate and inform all stakeholders about the needs of people with physical disabilities.

·    a document was produced at the end of the consultation held in Penrith in November 2009 and a copy was provided to the meeting

·    people can:

·    think inclusively

·    lead the community

·    work collaboratively.

 

Issues discussed by the Committee included:

 

·    linkage between two retail shopping centres in the Penrith City Centre

·    Penrith Inclusion Plan – People with Disability 2009-2013

·    whether the jobs in the industrial areas were accessible.

 

Councillor Greenow thanked Ruth Robinson for her presentation.

 

RECOMMENDED

          That:

 

1.      The information contained in the report on Physical Disability Council of NSW - Penrith Community Consultation be received.

2.       Ruth Robinson and Kevin Finlayson be thanked for their presentation.

 

Ruth Robinson and Kevin Finlayson then left the meeting.

 

2        International Day of People with Disability 2009                                                             

Erich Weller informed the meeting that there were a number of Councillors and Committee Members at the IDPwD celebrations held on 3 December 2009.  The Penrith Inclusion Plan – People with Disability 2009-2013 and the Sunnyfield “Frizzle” sculpture were launched at the celebration.

 

The “Frizzle” sculpture will be displayed in the Council Civic Centre in March or April this year.

 

The Disability Art and Cultural Forum held at the Penrith Regional Gallery after the Mayoral Morning Tea was discussed in detail.  A recommendation from the Forum is to establish a Penrith Art and Cultural Working Group Network.  Accessible Arts NSW has indicated support for the establishment of the network in Western Sydney for interested organisations to come together.

 

Accessible Arts NSW is also looking for support in seeking funding for further development of art and cultural opportunities for people with disability in the Penrith area.

 

Committee members discussed features of the day which they thought valuable, particularly those listed below:

 

·    Golden Stave improvised drumming performance

·    the afternoon group sessions which considered possible networks for people with disability

·    Camden Creative Studios

·    Club Wild Video Presentation from Melbourne

·    the Sizzle Festival run by Penrith Regional Gallery.

 

RECOMMENDED

          That:

1.     The information contained in the report on International Day of People with Disability 2009 be received.

2.     Letters be forwarded to Council’s community partners acknowledging their contribution to the success of IDPwD 2009.

3.     Council write a letter of support for Accessible Arts NSW to assist its advocacy to Ageing Disability and Home Care, Department of Human Services NSW in seeking additional funding for the development of art and cultural opportunities for people with disability in the Penrith Local Government Area.

 

A Green City

 

3       Referrals to the Access Committee                                                                                   

 

Peter Wood spoke to the report, stating that it was timely in view of the adoption of the Penrith Inclusion Plan and presentation from Ruth Robinson earlier in the meeting.

 

The report summarised the existing situation and also presented a recommended list which is a reduction in the types of development applications that are referred to the Committee.  Table 2 in the report summarises strategies and actions under the Penrith Inclusion Plan.

 

Table 3 highlights in bold the applications considered most critical to be referred to the Access Committee.  Assessment of applications is usually against the BCA and the DDA.  The highlighted classes of buildings included department stores, shopping centres, libraries, museums, public halls, community buildings and public swimming pools.

 

There are a range of applications that are expected to be determined in a short timeframe under the new legislation.

 

The Committee discussed the following issues:

 

·    the timing of development applications and the reports to the Access Committee

·    the possibility of the Access Committee meeting monthly

·    disability access training for Councillors

·    discussion of policy issues

·    the committee maintaining a balance between the DA process and the strategic process

·    improvement of transport

·    churches, assembly halls and clubs being added to the highlighted list in Table 3

·    shorter timeframes for processing of development applications

·    development of a policy to support enhanced access.

 

The report also covers the issue of training and the ongoing commitment of Council. Erich Weller advised that Development Services officers have had more extensive training and there is an improvement in identifying the access issues. 

 

Peter Wood proposed that it would seem more advantageous to bring applications to the Committee at the prelodgement stage before the development application is lodged with Council so that any issues could be addressed at the design stage.

 

Council will be required to assess applications in shorter timeframes.  Some applications will have to be assessed within two weeks.  Those changes are a requirement of the legislation and are putting pressure on Council to report quickly.

 

The Committee discussed the Developer’s Forum and the possibility of Committee members contributing to this event.

 

Discussion was held regarding development of a policy to support access to buildings.  Peter Wood advised that ideally the policy would be incorporated in the DCP.  Once the policy is part of the DCP it can be used as a reason for refusal of an application.

  

RECOMMENDED

          That:

 

1.     The information contained in the report on Referrals to the Access Committee be received.

2.     The Access Committee receive a further report on referrals to the Committee providing more information on:

 

i)      the changing legislative framework for assessment of applications

ii)     opportunities for the Committee to have input into the development of policies to support enhanced access through the work of the Development Services and Planning and Sustainability Departments

iii)     consideration of monthly meetings of the Access Committee

iv)    prelodgement and related matters

v)     enhanced descriptions of the buildings identified in bold in Table 3 in the report.

 

4       Development Application Referrals to the Access Committee                                        

DA09/1317     St Marys ADI Site Western Precinct Sales and Information Centre, Café and Car Parking

 

Peter Wood advised that the proposed Sales and Promotion Centre has a ground floor café as part of the centre.  There will be a temporary carpark to the north of the proposed town square.  There is an accessible parking space in the parking area.

 

Peter Wood advised that another application will be lodged that relates to the road work, town square and all of the earth works.

 

Issues discussed by the Committee included:

 

·    path of travel from the carpark area to the building

·    concern regarding gravel paths

·    circulation space

·    moveable seating

·    concern regarding the position of the toilet as when the door is opened the person would be in full view.

 

DA09/1299     Proposal for Sydney University Medical School situated next door to Medical Centre on Derby Street

 

Peter Wood introduced the Development Application Referral for the proposed clinical school in Derby Street, Kingswood.  The application is accompanied by an access report.

 

The school will incorporate learning areas for medical students with tutorial rooms.  The building will be accessible to the public off Derby Street.

 

Peter Wood advised that concerns about the public entry location were raised at the prelodgement meetings.

 

Issues discussed included:

 

·    crossing point from medical school to the hospital

·    drop off point

·    the driveway being the fourth leg of the roundabout.

 

Councillor Guillaume left the meeting at 7.15pm.

 

Peter Wood advised that the application would not be determined by Council but be reported to the Joint Regional Planning Panel in the near future.

 

Peter Wood explained that the Joint Regional Planning Panels were set up by the NSW Department of Planning.  There are a series of panels which determine applications with specific criteria including developments with a capital investment value over $10 million and certain developments over $5 million.  Council administers the whole process and does everything except make the decision.

 

Council has two representatives on any panel – in our case a Councillor and an officer, usually a director within Council. There are three non-Council representatives on the panel, making five altogether.

 

Peter Wood advised that there will be a briefing session held for this application to the Panel in a couple of weeks time.  Members of the community can make submissions and attend the Panel meeting.

 

Councillor Greenow asked how people know something is coming to the Joint Regional Planning Panel.  Peter Wood replied that all Regional Panel matters are advertised in the local press - Penrith Press, St Marys Star, Western Weekender and on the Council page.  Also neighbours are notified and a memo is sent to Councillors.

 

Reports to the Panel have a section on accessibility.  The application is also referred to any bodies within Council that will be affected.

 

Peter Wood agreed to bring a copy of the final assessment report and the outcome from the Joint Regional Planning Panel to the next meeting.

 

Councillor Robert Ardill left the meeting at 7.36pm.

  

RECOMMENDED

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

 

Late Report - Penrith Disability Sports Provision

 

David Burns presented a report about sports disability and physical activities forums facilitated by the NSW Department of Sport and Recreation; a pilot sports disability program run by the Police and Community Youth Club and a NSW Department of Sport and Recreation Disability Sports Assistance Program Grant workshop held at Council.

 

Denise Heath advised of an initiative from NADO, which was selected by the Department of Ageing and Disability and Sport and Recreation to run two teenage camps over Christmas.  The first was for 10 children aged 13 to 17 and the second for eight young people aged 13 to 17.  The activities included abseiling, canoeing and high ropes.  Sport and Recreation staff provided the tutoring and NADO staff provided the support.  The camps enabled families to have a break.  The priority is families particularly at risk of breakdown and with complex situations.  Siblings camps are planned for the future.

 

RECOMMENDED

That the information contained in the report on Penrith Disability Sports Provision be received.

 


GENERAL BUSINESS

 

GB 1          Tour of Facilities                                                                                                       

Councillor Greenow enquired if the Access Committee would be able to tour the Penrith Valley Cultural Precinct at St Marys.

 

Erich Weller advised that the Committee can tour the Penrith Valley Cultural Precinct and the Glenmore Park Child and Family Centre, which has an adventure playground.

 

David Burns advised that he is looking after Penrith pool and asked if anyone was interested in looking over the amenities building and the Quarterdeck.

 

Vanessa Muscat suggested organising a small bus.

 

There being no further business the Chairperson declared the meeting closed, the time being 7.50pm.

 

 

 

RECOMMENDATION

That the Recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 February, 2010 be adopted.

 

 

 


Ordinary Meeting

22 March 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 March, 2010

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy AM – Representative for the Member for Londonderry, Senior Constable Mark Elliott – St Marys Police, David Lance - Roads and Traffic Authority, Michael Kayello – Roads and Traffic Authority, Samantha Dawson – Representative for the Member for Penrith, David Yee – A/Design & Technical Advice Manager, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer, Wayne Mitchell – Group Manager City Infrastructure, Peter Shahatit – Trainee Engineer

 

IN ATTENDANCE

Ron Watson – Westbus, Steven Purvis – Ranger

 

APOLOGIES

Councillor Jackie Greenow.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 February 2010

The minutes of the Local Traffic Committee Meeting of 1 February 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Birmingham Road & Trent Street, South Penrith - Proposed Provision of "No Stopping" Restrictions                                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Birmingham Road & Trent Street, South Penrith - Proposed Provision of "No Stopping" Restrictions  be received

2.     “No Stopping” restrictions be implemented on the southern side of Birmingham Road, 10m either side of Trent Street.

3.     “No Stopping” restrictions be implemented on both sides of Trent Street, 10m from Birmingham Road.

4.     Councillor Tanya Davies and Councillor Fowler OAM and SPYNS Inc be advised of Council’s resolution.

 

 

2        Penrith City Festival - Amendment to Parade Route - Saturday, 20 March 2010          

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Festival - Amendment to Parade Route - Saturday, 20 March 2010 be received.

2.     The amended route for the Penrith City Festival to be held on Saturday, 20 March 2010 be endorsed.

3.     The Traffic Management Plan be amended accordingly by the Festival organiser.

4.     All relevant authorities be advised of the amended route by the Festival organiser.

5.     Penrith City Centre Association be advised of Council’s resolution.

 

 

3        Emu Plains Stabling Yard - Construction Traffic Management Plan                               

RECOMMENDED

That:

1.     The information contained in the report on Emu Plains Stabling Yard - Construction Traffic Management Plan be received.

2.     The Emu Plains Stabling Yard - Construction Traffic Management Plan be endorsed.

3.     The applicant forward a copy of access arrangements, turning path templates and individual Traffic Control Plans as part of the Traffic Management Plan to a Roads and Traffic Authority accredited professional for certification.

4.     Extensive advertising in local media be provided by the applicant advising motorists of the extent and duration of all applicable road closures and traffic impacts.  In addition VMS are to be placed advising motorists of the road closures prior to and during construction works.

5.     The applicant to advise public transport operators and emergency services of the proposal.

 

 

 

 

 

 

 

 

4        Regentville Road, Penrith - Outcomes of Community Consultation Regarding the Provision of 'No Stopping' Restrictions                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Regentville Road, Penrith - Outcomes of Community Consultation Regarding the Provision of 'No Stopping' Restrictions be received

2.     A ‘No Through Road’ sign be installed on Regentville Road (south) at the intersection of Batt Street, Penrith.

3.     ‘No Parking’ restrictions be provided around the cul-de-sac head of Regentville Road from tangent point to tangent point.

4.     Residents and businesses who made submissions be advised of Council’s resolution.

 

 

5        Buring Avenue, Leonay - Request for Extension of 'No Stopping' Zone                        

RECOMMENDED

That:

1.     The information contained in the report on Buring Avenue, Leonay - Request for Extension of 'No Stopping' Zone be received.

2.     The double-barrier lines to the east of the School Crossing, adjacent to Leonay Public School on Buring Avenue , be reduced to 35.0m, with the existing adjoining 35.0m of double-barrier lines to be changed to L1 lane‑marking lines

3.     Consultation be conducted with affected residents regarding the installation of a timed ‘No Stopping’ zone on the southern side of Buring Avenue adjacent to Leonay Public School.

4.     Subject to no substantial objections from affected residents, approximately 35m of timed ‘No Stopping’ zone (8:00am to 9:30am and 2:30pm to 4:00pm School Days) be installed adjacent to the full-time 'No Stopping' zone on the eastern approach to the School Crossing on Buring Avenue adjacent to Leonay Public School.

5.     The resident, Leonay Public School’s Principal and Council Rangers be advised of Council’s resolution.

 

 

6        Old Bathurst Road, Emu Heights - Proposed Provision of 'No Stopping' Restrictions  

RECOMMENDED

That:

1.     The information contained in the report on Old Bathurst Road, Emu Heights - Proposed Provision of 'No Stopping' Restrictions be received

2.     Full-time ‘No Stopping’ restrictions be provided on the northern side of Old Bathurst Road, Emu Heights, 10m to the west and 10m to the east of Dartmoor Lane.

 

 

 

GENERAL BUSINESS

 

 

GB 1          Castlereagh Road/Andrews Road, Penrith – Sight Distance at Service Road  (Raised Roads and Traffic Authority)                                                                                                      

The Roads and Traffic Authority representative raised concerns about sight distance for drivers using the service road at the Castlereagh Road/Andrews Road roundabout at Penrith.  The Committee was advised that the caryard at this location parks vehicles on the strip of land between the service road and Castlereagh Road, which reduces sight distance for drivers exiting the service road.  The Roads and Traffic Authority requested that Council investigate the matter and carry out enforcement as required.

RECOMMENDED that Council’s Rangers be requested to investigate vehicles parking illegally within the vicinity of Castlereagh Road and Andrews Road, Penrith.

 

GB 2          Great Western Highway, Oxley Park – Car Accident Resulting in Triple Fatality  (Raised St Marys Police)                                                                                                              

The St Marys Police representative advised that there was a triple fatality as a result of a single vehicle traffic accident on Great Western Highway at Oxley Park on 7 February 2010.  Investigations are ongoing as to the cause of the accident and a formal Fatal Incident Response Strategy Team (FIRST) report will be submitted on completion.

RECOMMENDED that the Committee note the information.

 

GB 3          Caddens Road/Gipps Street, Claremont Meadows – Traffic Safety at Intersection  (Raised St Marys Police)                                                                                                              

The St Marys Police representative raised concerns about traffic safety at the intersection of Caddens Road and Gipps Street, Claremont Meadows.  The Committee was advised that some drivers travelling east on Caddens Road are continuing straight through without stopping or giving way.

The Police representative requested the provision of B size signs for eastbound traffic and a ‘Stop Sign Ahead’ sign.

RECOMMENDED

That:

1.       The existing ‘Stop’ signage for eastbound traffic be increased to B size signs and a ‘Stop Sign Ahead’ B size sign be installed.

2.       Council investigate the intersection to determine if any further improvements are required.

 

 

GB 4          Mulgoa Road/Jamison Road, Penrith – Request for Update on the Intersection Upgrade  (Raised Representative for the Member for Penrith)                                                 

The representative for the Member for Penrith requested an update on the intersection upgrade being carried out by the Roads and Traffic Authority at the Mulgoa Road/Jamison Road roundabout at Penrith.

The Roads and Traffic Authority representative advised that these works are due for completion this financial year and works are currently ahead of schedule.

RECOMMENDED that the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9.48am.

 

 

 

RECOMMENDATION

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

 

 

 


Ordinary Meeting

22 March 2010

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 8 March, 2010

 

 

 

PRESENT

The Deputy Mayor, Councillor  Ross Fowler OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown and Kath Presdee.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 8 March 2010 to 10 March 2010 inclusive.

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 8 March 2010 to 10 March 2010 inclusive.

Leave of Absence was previously granted to Councillor Mark Davies for the period 8 March 2010 to 10 March 2010 inclusive.

Leave of Absence was previously granted to Councillor Tanya Davies for the period 8 March 2010 to 10 March 2010 inclusive.

 

APOLOGIES

Apologies were accepted from His Worship the Mayor, Councillor Kevin Crameri OAM and Councillor John Thain.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 7 December 2009 

The minutes of the Policy Review Committee Meeting of 7 December 2009 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

The Deputy Mayor, Councillor Ross Fowler OAM congratulated Councillor Karen McKeown on being re-elected as President of ALGWA, NSW Branch and to Councillor Jackie Greenow, Bev Spearpoint and Helen Cooper on being re-elected to the Executive of ALGWA.

 

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

RECOMMENDED that Item 3 be considered before any other item of business.

 

 

3        Penrith Business Alliance Limited Business Plan

Sustainability and Planning Manager, Paul Grimson, introduced the report and introduced Mr Paul Brennan, Chair of the Penrith Business Alliance Limited who gave a presentation.

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Business Alliance Limited Business Plan be received.

2.     Council agree to the 2009 – 2010 Penrith Business Alliance Limited  Business Plan.

3.     Council congratulate the Board and staff for the presentation and the completion of the Business Plan.

 

 

A Leading City

 

1        Rural Overland Flow Policy

Council’s Acting Design and Technical Advice Manager, Mr David Yee, gave a presentation to the report.

 

RECOMMENDED

That:

1.     The information contained in the report on Rural Overland Flow Policy be received.

2.     The Rural Overland Flow Policy be incorporated in a future amendment to Penrith DCP 2008.

3.     Council send a letter of thanks to the external representatives of the Penrith Flood Advisory Committee.

 

 

 

2        Waterside Estate - Acoustic Buffer                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Waterside Estate - Acoustic Buffer be received.

2.     Council amend the Waterside section of Draft Penrith Development Control Plan 2008 to include acoustic terrace housing as an option for providing the required acoustic buffer to industrial noise.

3.     The delivery of housing in the Waterside Estate is to accord with the phasing strategy identified in Acoustic Report Number 2088-24M, dated 11 June 2009, prepared by Day Design Pty Ltd.

4.     Stockland Developments, O-I Australia and Crane Metals be advised of Council’s decision.

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

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Greg Davies

 

Councillor Ross Fowler OAM

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

 

A City of Opportunities

 

A Green City

 

4        Swimming Pool Safety Awareness Programme                                                                 

RECOMMENDED that the information contained in the report on Swimming Pool Safety Awareness Programme be received.

 

 

 


 

CoNFIDENTiaL BUSINESS

 

The meeting closed to consider Confidential Business, the time being 8:32 pm.

 

1        Presence of the Public

 

8  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that the press and public be excluded from the meeting to deal with the following matter:

 

A Leading City

 

2        Council Property - Cranebrook Village Shopping Centre                                                

 

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 moved out of confidential session at 9.07 pm and the General Manager reported that after excluding the press and public from the meeting, the Policy Review Committee met in confidential session from 8:32 pm to 9:07 pm to consider a commercial matter.

 

The General Manager reported that while in confidential session, the Committee resolved the confidential business as follows:

 

CONFIDENTIAL BUSINESS

 

 

2        Council Property - Cranebrook Village Shopping Centre

Director and Chief Financial Officer, Barry Husking introduced the report and invited Mr Paul Allinson from AusPacific Property Group Pty Ltd to give a presentation.                                                               

RECOMMENDED

That:

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

2.     Council agree to the amended proposal in principle as outlined in the report and in the presentation submitted by AusPacific Property Group Pty Ltd.

3.     Council agree to the sale of the property in accordance with the terms and conditions outlined in the report.

4.     Council to commence the process of reclassification of part of the Neighbourhood Centre and Tamara Child Care Centre land which is also part of the land proposed to be transferred from Council to AusPacific Property Group Pty Ltd. from “Community” to ”Operational” in accordance with the Community Plans of Management.

5.     The Common Seal of the Council of the City of Penrith be placed on the boundary adjustment plans as required.

6.     Further detailed information be presented to Council as required, including waste management, a communications plan for the development and accessibility of the development.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being  9.10 pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 March, 2010 be adopted.

 

 

 


Ordinary Meeting

22 March 2010

A Green City

 

REPORT AND RECOMMENDATIONS OF THE
 Waste Services Committee MEETING

HELD ON 24 February, 2010

 

 

 

PRESENT

Councillors Kaylene Allison, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Karen McKeown, Kath Presdee and John Thain.

LEAVE OF ABSENCE

 

Leave of Absence was previously granted to the Mayor, Councillor Kevin Crameri OAM for the period 23 February 2010 to 26 February 2010 inclusive.

 

APOLOGIES

Apologies were received from Councillors Marko Malkoc, Jackie Greenow, Robert Ardill and Jim Aitken OAM.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Green City

 

1        Establishment of the Waste Services Committee

The Council’s Group Manager ~ City Presentation, Mr David Burns introduced the Report.

The Councillors agreed with the Terms of References as detailed within the Report with the inclusion of reviewing the disposal of e-waste and polystyrene packaging.

It was agreed that in respect of the Councillor representation on the Committee that this be determined by the Council on 22 March 2010.

In respect of the evaluation of the applications received from members of the community to join the Waste Services Committee it was agreed that the Mayor, Clr Kevin Crameri OAM, the Deputy Mayor, Ross Fowler OAM and Councillors Tanya Davies and John Thain will meet and assess the applications received and make a recommendation to the Council’s Ordinary Meeting held on 22 March 2010 on the four community representatives.

Councillor Prue Guillaume arrived at the Meeting, the time being 7.26 pm.

The Council’s Manager ~ Waste and Community Protection, Mr Barry Ryan advised the Meeting that:

·    there will be a progressive roll-out of the weekly service of the red lidded bins from 15 March 2010.

·    a survey letter will be issued to all residents of the Council’s local government area by 5 March 2010 asking residents if they wish to change their current residual red lidded bin service.

Councillor John Thain left the Meeting, the time being 7.55pm.

Councillor John Thain returned to the Meeting, the time being 7.57 pm.

The Council’s Group Manager ~ Information and Customer Relations, Mr Brian Steffen advised the Meeting that an enhanced education and communications plan was being prepared and would be provided to the Committee in the future. The communications plan will target a number of internal and external stakeholders and involve education teams visiting community events, shopping centres and schools as well as using social media channels. Education resources will be drawn from Council’s staff, SITA and Keep Australia Beautiful, NSW.

Mr Ryan also advised the Meeting:

·    that an order would be placed within a few days to purchase bio-degradable bags for the kitchen organics bin, and that there would be a 6 week turnaround from placing the order to delivery of the bags to residents. Mr Ryan also advised that an education program will be delivered in association with the delivery of the bio-degradable bags.

·    negotiations were continuing with our contractor VISY about the option of providing a 360 litre recycling bin to residents.

·    an audit has commenced on the bin lid design for both the green and red lid bins, and a report will be prepared on the outcomes of the audit at the next Waste Services Committee.

Councillor Tanya Davies enquired as to whether staff have investigated natural products to reduce the amount of fly strike in the garbage bins. Mr Ryan advised that staff will be undertaking research to see what environmental products are available.

Mr Burns advised that:

·    staff will be discussing with Contractors the option of providing additional collection services at Christmas time.

·    staff will bring material back to the Committee regarding the collection of medical waste.

It was agreed that the next Meeting of the Committee would be at 7.00 pm on 25 March 2010.

The General Manager thanked the staff for the efforts that have been made to-date with the proposed enhancements to the Council’s 3 bin domestic waste service.

Councillors John Thain, Tanya Davies and Greg Davies also congratulated the staff for the efforts that have been made since the last Council Meeting on progressing with the issues identified by the Council with respect to the Council’s 3 bin domestic waste service.

 

RECOMMENDED

That:

1.       The information contained in the report on Establishment of the Waste Services Committee be received.

2.       Councillors be nominated to the Waste Services Committee at the Council’s Ordinary Meeting of 22 March 2010.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:40pm.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 24 February, 2010 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

A Leading City

 

1        Legal Matter - Provision of Council's External Legal Services

 

2        2010 Australian Local Government Association (ALGA) National General Assembly of Local Government

 

3        Council Property - Road Closure - Part of Strathdon Road, Emu Heights

 

4        2009-10 Borrowing Program

 

5        Summary of Investments and Banking for the period 1 February to 28 February

 

URGENT

 

20      Proposed membership of Council's Waste Services Committee

 

A City of Opportunities

 

6        Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 

 

7        Grant Applications - Positive Ageing and St Marys Kitchen

 

A Green City

 

8        Housing NSW Green Street Program

 

9        Three successful environmental grants

 

10      Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park

 

11      Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area. Applicant: Lensworth Glenmore Park C/O Byrnes PDM Pty Ltd;  Owner: Lensworth Glenmore Park

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

 

12      Development Application DA09/0599  Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park. Applicant: Maderinn Group Pty Ltd;  Owner: Oen Zoan Castle Hill Property Investment  Group Pty Ltd DA09/0599

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

 

13      Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated). Applicant: North Western Surveys Pty Limited;  Owner: Twin Creeks Properties Pty Limited DA09/0197

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

 

14      Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision. Applicant: North Western Surveys Pty Limited;  Owner: Twin Creeks Properties Pty Limited DA09/0200

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

 

A Liveable City

 

15      Relocation of Llandilo Rural Fire Brigade Station

 

16      Naming of Mini Field at Peppertree Oval after Bill Borg

 

17      Request for Hall Hire Fee Reduction from Nepalese Community

 

18      Tender Reference 34-09/10 for the provision of Tree Removal Services

 

19      Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010

  

 


A Leading City

 

Item                                                                                                                                       Page

 

1        Legal Matter - Provision of Council's External Legal Services

 

2        2010 Australian Local Government Association (ALGA) National General Assembly of Local Government

 

3        Council Property - Road Closure - Part of Strathdon Road, Emu Heights

 

4        2009-10 Borrowing Program

 

5        Summary of Investments and Banking for the period 1 February to 28 February

 

URGENT

 

20      Proposed membership of Council's Waste Services Committee

 

 



Ordinary Meeting

22 March 2010

A Leading City

 

 

 

1

Legal Matter - Provision of Council's External Legal Services  

 

Compiled by:                Matthew Bullivant, Legal Officer

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: As a City, we expect responsible and ethical behaviour

       

 

Executive Summary

Council considered a report on the provision of Council’s external legal services in Committee of the Whole on 30 November 2009. That report addressed some developments that occurred in terms of the make up of the three firms on Council’s external panel.

 

The three firms originally appointed to Council’s panel in November 2007 for a period of 4 years were Cutler, Hughes and Harris Lawyers, Gadens Lawyers and DLA Phillips Fox Lawyers.

 

The role of the managing partner within each firm is a key role.  The managing partner provides the conduit to ensure that quality advice is provided to the organisation. The managing partner generally leads a team which develops an understanding of the needs of the Council and ensures that practical and timely advice is provided that optimises the position of the Council.

 

Given that the key managing partner has moved on from DLA Phillips Fox and that Cutler, Hughes and Harris has merged with another firm (now Playford, Thomson, Cutlers) Council’s officers consider it appropriate to call for new Expressions of Interest to provide external legal services. Through that process DLA Phillips Fox, Playford, Thomson, Cutlers and other external firms will have the opportunity to put forward bids for selection on Council’s external legal panel.

 

It is recommended that Council advertise for Expressions of Interest for up to two firms to be added (in addition to Gadens Lawyers) to Council’s external legal panel for a period of 2 years.

Background

At Council’s Ordinary meeting on 30 November 2009, Council considered a report in Committee of the Whole on the provision of Council’s external legal services. Council resolved that:

 

“1.  The information contained in the report on Provision of Council's external legal services be received.

2.     The recommendations in the report on the provision of Council’s external legal services be adopted.

3.     A further report be submitted to Council in the New Year on the provision of Council’s external legal services.”

 

The report in Committee of the Whole recommended that a further report be brought back to Council in the New Year (2010) on the future provision of Council’s external legal services.

 

On 5 November 2007, Council appointed the following 3 firms to Council’s panel for a period of 4 years:

 

1.       DLA Phillips Fox;

2.       Gadens Lawyers; and

3.       Cutler, Hughes and Harris.

 

The previous report to Council on 30 November 2009 informed Council of the merger of Cutler, Hughes and Harris with another firm to be known as Playford, Thomson, Cutlers. Certain lawyers put forward in the previous tender bid moved to DLA Phillips Fox with the head partner remaining with the newly formed Playford, Thomson, Cutlers. As a result the team put forward in the earlier tender bid has not remained intact. 

 

Some time ago Council Officers asked Playford, Thomson, Cutlers to put forward any new team that they might propose for Council’s legal panel. Such a submission has not been received. In discussions with a partner of the newly formed Playford, Thomson, Cutlers it has been indicated that Playford, Thomson, Cutlers accept they have no rights to be on Council’s Panel given the significant changes that have occurred. 

 

As was reported to Council previously, a partner of DLA Phillips Fox who was Council’s key managing partner and a partner that Council has relied upon for advice, has moved on from that firm. The remaining team at DLA Phillips Fox is different to what Council considered in the original tender.

 

There is a key person clause included in the agreement with DLA Phillips Fox. This means that if that key relationship partner was to leave DLA Phillips Fox for whatever reason then it is open to Council to terminate the agreement with DLA Phillips Fox.  It was based on this key person that the firm was included to the panel.

 

Current Situation

Given the recent departure of the key relationship partner from DLA Phillips Fox and the merger of Cutler, Hughes and Harris, Council’s officers are of the opinion that Expressions of Interest should be called. DLA Phillips Fox and Playford, Thomson, Cutlers will be able to compete in the new tender process by lodging bids should they wish to do so.

 

It is recommended that DLA Phillips Fox be advised that Council wishes to call for Expressions of Interest and that Council reserves its rights with respect to the key person clause in the current contract, should DLA Phillips Fox be unsuccessful in the bidding process. It is also recommended that the newly formed Playford, Thomson, Cutlers be advised that Expressions of Interest are being called.

 

Given that Council has two in-house Solicitors, there is less need for firms on the panel to undertake the more routine work. Accordingly, the Council’s need for external legal services is generally confined to specialised expert advice and therefore up to three firms is seen to be more than sufficient.

 

In relation to Gadens Lawyers, there has been no alteration to the composition or provision of advice provided by Gadens Lawyers since they were appointed to Council’s panel on 5 November 2007. The advice, representation and customer service provided by Gadens continues to be of high quality. Therefore, there is no reason or no legal right for Council to terminate or alter the arrangements in place with Gadens Lawyers. It is recommended that Gadens Lawyers continue to be included on Council’s panel.

 

Therefore, it is recommended that Council advertise for Expressions of Interest for up to two new firms to be added to Council’s legal panel for a period of 2 years. DLA Phillips Fox and Playford, Thomson, Cutlers will be informed that they can put forward an Expression of Interest in the new process if the recommendations of this report are adopted. Council in the past has nominated Councillors to assess the expressions received.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Legal Matter - Provision of Council's External Legal Services be received.

2.     Council officers advertise for expressions of interest for up to two firms to be added (in addition to Gadens Lawyers) to Council’s legal panel for a period of 2 years.

3.     The contractual arrangements with Gadens Lawyers continue in accordance with the terms of the contract already in place between Council and Gadens Lawyers.

4.     DLA Phillips Fox and Playford, Thomson, Cutlers be advised that Council is to advertise for Expressions of Interest for two firms to be added to Council’s legal panel, for a period of two years and that they may lodge an Expression of Interest within that process should they wish to do so.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Leading City

 

 

 

2

2010 Australian Local Government Association (ALGA) National General Assembly of Local Government   

 

Compiled by:                Stephen Pearson, Executive Services Officer

Authorised by:             Glenn Schuil, Acting Executive Officer  

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction: As a City, we expect responsible and ethical behaviour

       

 

Executive Summary

The 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held in Canberra from 14-17 June 2010.

 

Penrith City Council is entitled to have one voting delegate at each plenary session and it is Council’s practice to send additional Councillors as observers to the Assembly.

 

Presentations will be given at the Conference from key political leaders.

 

Council should nominate its voting delegate to attend the Assembly as well as observers, and grant leave of absence as appropriate.

 

Motions for the Assembly under three themes (Population, Productivity and Participation)       need to be submitted to the ALGA by no later than Friday 9 April 2010. It is recommended that a further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 29 March 2010.

 

Background

The 2010 National General Assembly of Local Government will be held in Canberra from 14–17 June 2010.

 

The National General Assembly, which is sponsored by the Australian Local Government Association (ALGA), will have as its theme, “Population, Participation and Productivity”.

 

Speakers on the Provisional Program include:

·      The Hon Kevin Rudd MP, Prime Minister

·      The Hon Anthony Albanese MP, Leader of the House and Minister for Infrastructure, Transport, Regional Development and Local Government

·      The Hon Tony Abbott MP, Leader of the Opposition

·      The Hon Warren Truss MP, Leader of the Nationals

·      Senator Bob Brown, Leader of the Australian Greens

 

Delegates

Each Council is entitled to have one voting delegate at each plenary session.

 

In the past, in addition to selecting its voting delegate, Council has elected to send additional Councillors as observers.

 

In 2009, Council’s voting delegate to the National General Assembly was the Mayor, Councillor Jim Aitken OAM, and the additional observer was the Deputy Mayor, Councillor Ross Fowler OAM.

 

Submitting Motions

To enhance the quality of outcomes from this year’s National General Assembly, and to ensure that motions are relevant to local government nationally, the ALGA Board is calling for motions on the three core themes of the 2010 Assembly, namely:

·      Population

·      Productivity

·      Participation

 

These three core themes address key priority areas for the Australian Government to develop policy under and are areas which complement and build on existing ALGA and local government positions.

 

To be eligible for inclusion in the National General Assembly Business Papers motions must:

1.   fall under one of these themes – population, productivity or participation;

2.   be relevant to the work of local government nationally; and

3.   complement or build on the policy objectives of state or territory associations.

 

Motions that are carried by the National General Assembly become Resolutions. These Resolutions are then considered by the ALGA Board when setting national local government policy and will also feed into the Australian Council of Local Government processes.

 

Motions need to be submitted to the ALGA by no later than Friday 9 April 2010.

 

Given the timing of Council meetings in March/April 2010 and in order to meet the ALGA deadline for submission of motions (which is two weeks earlier this year), it is proposed to:

·      report on draft Motions to the Policy Review Committee on 29 March 2010

·      submit Motions recommended from the Policy Review Committee to the ALGA by the deadline of 9 April 2010

·      seek ratification of the Motions recommended from the Policy Review Committee by Council on 19 April 2010

·      advise ALGA on 20 April 2010 if there are any changes to the submitted Motions 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government be received.

2.     Council nominate its voting delegate for the 2010 National General Assembly of Local Government.

3.     Council nominate those Councillors that will attend as observers at the 2010 National General Assembly of Local Government.

4.     Leave of Absence be granted to all Councillors attending the 2010 National General Assembly of Local Government to be held in Canberra from 14-17 June 2010.

5.     A further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 29 March 2010.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Leading City

 

 

 

3

Council Property - Road Closure - Part of Strathdon Road, Emu Heights  

 

Compiled by:                Peter Blazek, Property Officer - Management

Authorised by:             Brian Griffiths, Property Development Manager

Vicki O’Kelly, Group Manager - Finance   

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

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

       

 

 

Executive Summary

Mr Marcus McLeish, owner of 16 Riverside Road, Emu Heights, has requested a permanent road closure over part of Strathdon Road, Emu Heights adjoining his property.  Mr McLeish has further requested the purchase of this land from Council as shown on the attached plan.  The consolidation of this part of  Strathdon Road would expand his land area appreciably, as this existing road reserve currently encroaches severely adjacent to his land and restricts the current and future use of the property.

 

The Property Development Department has investigated this request in conjunction with City Infrastructure Group and various service authorities to determine feasibility of closing the subject part of Strathdon Road as requested.  There were no objections from other Council Departments or Service Authorities to the permanent closure of part of this road reserve and subsequent sale to Mr McLeish. 

 

This report seeks an interim approval from Council to submit a permanent road closure of part of the subject road reserve via an application to NSW Land & Property Management Authority (LPMA) formerly known as Department of Land under the existing Memorandum of Understanding (MOU).

 

Background

Marcus McLeish owns 16 Riverside Road, Emu Heights (Lot 245 DP 16501) which is located at the intersection of Riverside and Strathdon Roads, Emu Heights. This is a 689 m2 block of land with a 2 storey brick residence.

 

Strathdon Road encroaches markedly against this dwelling and prevents the resident from being able to erect a side fence to enjoy a nominal land clearance from the dwelling to the fence line.

 

Accordingly Mr McLeish has requested Council’s assistance in applying on his behalf to have part of Strathdon Road closed adjoining his property as outlined in the attached map and then to be able to purchase this land from Council at a negotiable market price.

 

Other relevant Council Departments including Asset Management and Design & Technical Advice were notified of the request and asked to investigate and comment on the suitability of Council applying for part road closure of Strathdon Road with NSW Land & Property Management Authority (LPMA).  No objections were received from any Council Departments in respect of this request and nor were any received from service providers concerning requirement of easements within the subject road reserve.

 

The road closure will not affect the size of the public road or footpath area as this particular junction is broader than the rest of the street and the road boundaries will remain a uniform size throughout the street if this part of the road reserve is closed and sold.

 

Summary

Mr McLeish has requested Council’s assistance to investigate the possibility of closing part of the road reserve adjoining his property. Council officers could not find any objections to closing part of this road reserve and accordingly recommend that Council approve an application to LPMA for a permanent road closure.

 

Under the existing Memorandum of Understanding (MOU) Council has with LPMA for future permanent road closure processes, it is necessary for Council to follow strict guidelines relating to public advertising of the proposed road closure, objections received from the public relating to the road closure and amicable resolutions of public objections.

 

Following an official approval for a permanent road closure by LPMA, then a further report will be submitted to Council outlining the sale of the land and final road closure process.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Road Closure - Part of Strathdon Road, Emu Heights be received.

2.     Council approve an initial road closure application to be submitted to Land & Property Management Authority of NSW as outlined in the report.

3.     A further report be submitted to Council if the road closure application is approved by Land & Property Management Authority of NSW, in regard to agreed sale negotiations with the adjoining owner.

 

ATTACHMENTS/APPENDICES

1. View

Commercial Matter - Road Closure Request - Part of Strathdon Road, Emu Heights

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Commercial Matter - Road Closure Request - Part of Strathdon Road, Emu Heights

 

 

 

 


Ordinary Meeting

22 March 2010

A Leading City

 

 

 

4

2009-10 Borrowing Program   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

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

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

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

       

 

Executive Summary

The purpose of this report is to discuss the 2009-10 borrowing program adopted in the 2009-10 Operational Plan. Council’s 2009-10 borrowing program includes the annual borrowing of $3,200,000 to fund new infrastructure and a further $913,000 which represents the third year of the ten year program to fund the general revenue contribution to the Asset Renewal Established Areas Strategy (AREAS). 

 

This report recommends that Council borrow the amount of $4,113,000 on a 10 year repayment schedule.

 

Current Situation

Approval is now sought from Council to borrow the $4,113,000 of new money on a 10 year repayment term. 

 

The loans will be drawn down prior to 30 June 2010. In view of recent rises in interest rates, it is considered prudent to monitor financial market movements over coming weeks to determine the optimum date to draw down the borrowings.

 

Loan Application Process

A number of banks and financial institutions will be contacted and asked to submit preliminary quotations for this year’s borrowing allocation. The responses will be reviewed and fixed quotations obtained.  The lenders traditionally quote an interest rate firm for 24 hours. Council needs to accept the most favourable quote within this time frame. This process does not allow sufficient time for these rates to be referred to Council for decision.  Council has in the past approved the borrowings and provided delegation to the General Manager to negotiate and accept the final terms of the borrowings.

 

Details of the quotations received, the evaluation undertaken and the final rates and terms accepted are then reported to Council once the contracts are finalised. This report recommends following the same process for this year’s program.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009-10 Borrowing Program be received.

2.     Council borrow the amount of $4,113,000 on a 10 year repayment schedule.

3.     Council’s General Manager be authorised to negotiate appropriate loan terms in accordance with this report and resolution.

4.     The Common Seal of the Council of the City of Penrith Seal be affixed to those documents that are necessary to finalise these borrowings.

5.     The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Leading City

 

 

 

5

Summary of Investments and Banking for the period 1 February to 28 February   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

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

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

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

       

 

Executive Summary

To provide a summary of investments & banking for the period 1 February 2010 to 28 February 2010 and a reconciliation of invested funds at 28 February 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 28 February 2010.

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 February to 28 February be received

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2010 to 28 February 2010 be noted and accepted.

3.     The graphical investment analysis as at 28 February 2010 be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix


Ordinary Meeting

22 March 2010

Appendix 1 - Summary of Investments

 

 

 




 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                       Page

 

6        Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 

 

7        Grant Applications - Positive Ageing and St Marys Kitchen

 

 



Ordinary Meeting

22 March 2010

A City of Opportunities

 

 

 

6

Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009    

 

Compiled by:                Joe Ibbitson, Community Programs Co-ordinator

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Objective: We have access to what we need

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

       

 

Executive Summary

This report provides information on the allocation of 2009-10 Rolling Component Community Assistance Program funds under delegated authority during the period July – December 2009.  The report recommends that the information be received.

 

Background

Through the Community Assistance Program, Council makes small grants to non-profit organisations and community-based groups to help meet local community needs.  The maximum grant is $1,200.

 

There are two components of the Community Assistance Program - the Planned Component and the Rolling Component. The Rolling Component allows for one-off requests to be brought before Council at any time during the year.  This provides a flexible supplement to the Planned Component of the program, which is undertaken each year around October.

 

At the Policy Review Committee meeting on 10 September 2007, Council adopted the 2007 Community Assistance Program (CAP) policy and included it in Council’s Policy Register. The policy identifies that ‘a report will be provided every six months informing Council of successful Rolling Component applications for the relevant period.

 

This report provides information on the 2008-09 CAP Rolling Component projects that have been approved under delegated authority to the General Manager during the six month period July to December 2009.

 

Projects Approved Under Delegation

The following table summarises details of the project approved during the July to December 2009 period:

 

Project

Organisation

Amount

Art Exhibition Celebrating Mental Health Week HASI (Housing Accommodation Support Initiative) 

Richmond Fellowship

$500.00

TOTAL

$500.00

 

A total of $ 500.00 has been approved under delegated authority in the period from July to December 2009.

 

The total amount available for CAP Rolling Component projects during the 2009-2010 financial year is $ 7,000.00.

 

There is currently $6,500.00 remaining in the budget which is available for Rolling Component projects in the January to June 2010 period.  Because the Planned Component is held in the first half of the financial year, there are usually less Rolling Component requests in this period.

 

 

RECOMMENDATION

That the information contained in the report on Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A City of Opportunities

 

 

 

7

Grant Applications - Positive Ageing and St Marys Kitchen   

 

Compiled by:                Diane Boyde, Community Development Officer - Older People

Joe Ibbitson, Community Programs Co-ordinator

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Objective: We have access to what we need

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

       

 

Executive Summary

This report seeks retrospective endorsement for two funding applications submitted under the State Government’s Positive Ageing Grants program and the 2009/10 non-recurrent Home and Community Care (HACC) funding program.

 

Council is applying for funds under the NSW Positive Ageing grants program to undertake the ‘Growing Older in St Marys’ creative initiative and also for capital funds under the 2009-10 Home and Community Care funding program to upgrade the kitchen in the St Marys Senior Citizens Centre.

 

The report recommends the information be received and that Council retrospectively endorse the two grant applications summarised in the report.

Background – Planning for an Ageing Community

At the Policy Review Committee meeting on the 27 July 2009, Council adopted the Draft ‘Planning for an Ageing Community’ strategy for placement on Public Exhibition. A report on the outcomes of the Public Exhibition process recommending the adoption of the final documentation will be presented to Council at the Ordinary meeting on 19 April 2010.

 

The draft strategy identifies Council’s response in planning and preparing for the future impact of a growing proportion of older people in the community. The strategy is built around encouraging an active and healthy lifestyle and supporting older people to be able to ‘age in place’. 

NSW Positive Ageing Grants Program

‘Positive Ageing’ grants are provided through Ageing, Disability and Home Care (ADHC) in the NSW Department of Human Services. The aim of the funding is to support creative projects that promote active ageing, opportunities for lifelong learning and ageing as a positive experience.  Funding is available for a range of creative projects, from theatre, music and multimedia to literature, dance, the visual arts and story telling.

 

The Positive Ageing grants program is underpinned by the NSW Principles for Positive Ageing that align with the United Nations Principles for Older Persons.  They relate to the independence, participation, care, self-fulfilment and dignity of older people.

 

These principles are consistent with the approach in Council’s Planning for an Ageing Community strategy. The draft strategy articulates a range of actions around the broad themes of participation and support for active ageing and healthy lifestyles.

Funding Application – Growing Old in St Marys

A funding application has been submitted under the NSW 2009-10 Positive Ageing grants program to assist in the implementation of the Planning for an Ageing Community strategy.

 

The project ‘Growing Old in St Marys’ will be an inclusive, story telling, personal and social history recording, learning and developing new skills project. It will promote the diverse cultural background of older people in St Marys and engage them in ‘unearthing’ the rich tapestry of experience of growing old in their neighbourhood. It will involve a variety of traditional and contemporary media – creative writing, digital recording and photography, publishing and broadcasting.

 

An additional component of the project will be the sharing of the ageing experiences of the older people in St Marys with the younger generation in their families. Many young people are only briefly connected with the older relatives in their families and this project will enable a process of engagement through which they can learn about the experience of ageing from their older relatives. This will help to strengthen their relationship and bring a new quality to the understanding of the lives of older relatives by the younger members of these families. 

 

The objectives of the project are:

 

-     To engage older people from St Marys in creative processes to explore and document the experience of growing old in their community;

 

-     To provide opportunities for intergenerational exchange and learning about what it is like to grow old in St Marys; 

 

To promote positive images and documentation of the experience of ageing in St Marys;

 

-     To promote positive ageing stories and images using different media including digital technology and the holding of an event at the newly refurbished St Marys Corner Community and Cultural Precinct to disseminate and celebrate the outcomes of the project.

 

The total budget for the project is $56,640.00.

 

Council is seeking $41,640.00 in funding under the NSW 2009-10 NSW Positive Ageing Grants program. Council will also contribute $10,000.00 of in-kind resources, primarily in staff time and use of equipment. Partner support from the University of Western Sydney and local organisations in St Marys will contribute the remaining $5,000.00.

2009/10 Non-recurrent Home and Community Care (HACC) Program Funding

Each year Ageing, Disability and Home Care (ADHC) in the NSW Department of Human Services 2009/10 coordinate a HACC funding program which provides funding assistance for the provision of capital items that do not require a recurrent commitment.

 

Council officers from the Public Domain Amenity and Safety and Community and Cultural Development Departments, in conjunction with the St Marys Senior Citizens Centre, have identified the need for an upgrade to the Centre kitchen. Because this kitchen is used by a Home and Community Care Service, the ethnic aged day care service from Nepean Migrant Access, Council can apply for funds from the HACC capital program for refurbishment of the kitchen.  Grants are up to $70,000. Regular user groups, including the St Marys Combined Pensioners and Superannuants Association, were also consulted over the design of the kitchen to ensure that the proposed upgrade meets their requirements. Council’s Building Maintenance Section coordinated the quotation for the upgrade.

 

The total budget for the project is $70,560.00 (excl GST).

 

Council officers have applied for $70,000.00 in funding under the 2009/10 Non-recurrent Home and Community Care (HACC) Program.  If the application is successful the remainder of the cost will be met by existing building maintenance funds.

Conclusion

This report summarises two grant applications that have been forwarded to Ageing, Disability and Home Care in the NSW Department of Human Services. The first application requests $41,640.00 in funding from the NSW Positive Ageing Grants Program to undertake a range of creative initiatives in greater St Marys and focussing on positive ageing. The second requests $70,000.00 from the same government agency to upgrade the kitchen at St Marys Senior Citizens Centre. The report seeks retrospective endorsement of the two applications.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Grant Applications - Positive Ageing and St Marys Kitchen be received.

2.     Council retrospectively endorse the two grant applications summarised in this report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Green City

 

Item                                                                                                                                       Page

 

8        Housing NSW Green Street Program

 

9        Three successful environmental grants

 

10      Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park

 

11      Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area. Applicant: Lensworth Glenmore Park C/O Byrnes PDM Pty Ltd;  Owner: Lensworth Glenmore Park

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

 

12      Development Application DA09/0599  Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park. Applicant: Maderinn Group Pty Ltd;  Owner: Oen Zoan Castle Hill Property Investment  Group Pty Ltd DA09/0599

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

 

13      Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated). Applicant: North Western Surveys Pty Limited;  Owner: Twin Creeks Properties Pty Limited DA09/0197

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

 

14      Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision. Applicant: North Western Surveys Pty Limited;  Owner: Twin Creeks Properties Pty Limited DA09/0200

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

 

 



Ordinary Meeting

22 March 2010

A Green City

 

 

 

8

Housing NSW Green Street Program   

 

Compiled by:                John Gordon, Parks Manager

Authorised by:             John Gordon, Parks Manager   

Strategic Objective: Our natural habitats are healthy

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

       

 

Executive Summary

Penrith City Council has been approached by Housing NSW to participate in the Green Street Program. The purpose of this report is to seek Council’s support of the program and to endorse Council’s participation in the program. 

 

The Green Street Program is a new Housing NSW program designed to improve the environment around many public housing areas across NSW. The program sets out to plant 15,000 advanced (300 litre) street trees designed to green up social housing estates. These plantings will be associated where possible with neighbourhood parks and improvements to adjoining tenant gardens. The emphasis of the program is on soft landscaping with a view to improving the environmental footprint, improving the appearance of housing areas, reducing social sigma and to provide opportunities for tenant engagement, employment and training.

 

As the proposed street trees will be located predominately on Council owned land, agreement is required from Penrith City Council to enable the project to proceed. Housing NSW proposes to commence the project in four streets in Cranebrook. The trees will be established and maintained by Housing NSW for a 12 month period. At the conclusion of this period the trees will become part of Council’s Street Tree Assets. Housing NSW will undertake significant tenant and residential consultation prior to the commencement of the project.

Background

In November 2009, the Green Street Program was launched as a new Housing NSW initiative to improve the environment around many public housing areas across NSW. This $30 million program will be delivered over the next three and a half years and result in the planting of 15,000 advanced trees and associated landscaping works in a range of public housing communities across New South Wales. A key element of the project is the planting of street trees in selected main streets and neighbourhood parks.

 

The program was launched in Bidwell (Blacktown City Council) in 2009, with the 1.5km launch project in Bidwill nearing completion. The next stage of this project is 10.5km of street tree planting from Luxford to Bidwill. The program also included a 50/50 plant giveaway of 4 plants to public housing tenants for their front gardens.

 

Over time, Housing NSW, in partnership with local councils, will extend the Green Street Program to more streets in public housing areas across NSW.

 

Planting street trees has many advantages, not only for the main street but for the whole community. Some of these advantages include:

1. Planting trees will reduce carbon dioxide (CO2) in the atmosphere and clean the air because trees absorb carbon dioxide during the day and let out oxygen at night;

2. Planting trees will create shady streets. This makes it more comfortable for all residents, and reduces the heat island effect;

3. Planting trees will improve the look and environment of the area. Residents will enjoy living in an area if it looks inviting;

4. More trees encourage wildlife to an area.

 

Cranebrook has been identified as the first location in which the program will be implemented within the Penrith City Council local government area. The suburbs of Kingswood and St Marys have been identified as future possible project locations.

 

Project Description

It is proposed that the project will incorporate sections of the following streets in Cranebrook:

 

·    McHenry Rd (between Greygums Rd and Sherringham Rd) – 500 metres (m)

·    Sherringham Road (from Borrowdale Way to Ironbark Drive) – 1250m

·    Pendock Rd – 600m

·    Pensax Rd – 600m

 

In addition to the planting of street trees it is proposed to offer plants to adjoining public housing tenants for planting in their front garden, complementing the aesthetic and environmental outcomes achieved through the street tree planting program.

 

Species Selection

All street trees will be supplied by Housing NSW as advanced stock. The specific species and size will be determined by Housing NSW in consultation with Penrith City Council. No trees will be planted without the approval of Penrith City Council. Species will be selected that complement the existing landscape, do not impact on any existing services or infrastructure, or negatively impact on street lighting or community safety. The opportunity exists to plant a range of native vegetation within the streetscape and adjoining parks that will attract a range of native fauna and provide suitable habitat.

 

Planting within Housing NSW properties does not require approval from Council, however it is planned to link this component of the program with Council’s annual residential plant give away program.

 

Locations

Four specific streets (see above) have been identified. A landscape concept plan has been developed by Housing NSW which is currently being reviewed by Council staff. Prior to the final selection of locations for planting, onsite meetings will be held between Council Officers and Housing NSW to identify appropriate locations. Housing NSW will also undertake significant tenant and residential consultation prior to the commencement of the project.

 

Prior to any planting being undertaken a detailed service check will be undertaken in all proposed tree planting locations by qualified and experienced service location providers, thus reducing the potential for long term infrastructure damage.

 

Planting, Maintenance and Replacement

All planting will be undertaken in accordance with planting specifications provided to Housing NSW by Penrith City Council.

 

Housing NSW will be responsible for the maintenance of all newly planted trees. Specifically they will undertake:

·    The watering of all new street trees in accordance with agreed watering guidelines. Any proposed variation to this program will require the approval of Penrith City Council. Generally watering is expected to be only over a 3 month establishment period, however longer watering periods may be required if planting occurs during the warmer months;

·    General maintenance including pruning, disease, pest or weed control for a 12 month establishment period from the time of planting or re-planting;

·    Replacement of any trees damaged or vandalised beyond reasonable recovery and in line with arboricultural industry standards for tree maintenance for a 12 month period from the time of planting or re-planting.

 

Following the 12 month tree establishment period the trees will become part of Council’s Street Tree assets and Council will then take on responsibility for the ongoing maintenance in line with current service standards.

 

Housing NSW has targeted not-for-profit organisations and aboriginal builders to plant the trees in the program. Provision is made in the program for training and employment opportunities for indigenous people, public housing tenants and other disadvantaged members of their communities.

 

Conclusion

The Green Street Program has the potential to significantly increase the aesthetic, environmental and social qualities of public housing communities throughout the area serviced by Penrith City Council. The costs associated with the implementation of the program will be met by Housing NSW, including tree purchase, planting and establishment.

 

Council will inherit a long term maintenance liability for street trees established on its land, however the net increase in the total number of our tree assets as a result of this program is negligible and can be managed within existing operational budgets.

 

The proposed program will be managed by the Parks Department, with input from specialist areas within Council as required. The Green Street program has the potential to deliver a range of positive short and long term outcomes for the community and the environment.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on the Housing NSW Green Street Program be received.

2.     Council agree to participate in the Housing NSW Green Street Program, commencing in selected streets in Cranebrook.

 

3.     A further report be presented to Council evaluating the community and environmental outcomes achieved through program implementation in Cranebrook.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Green City

 

 

 

9

Three successful environmental grants   

 

Compiled by:                Janet Rannard, Bushland Management Officer

Authorised by:             John Gordon, Parks Manager   

Strategic Objective: Our natural habitats are healthy

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

       

 

Executive Summary

The purpose of this report is to advise Council of the successful application for three environmental grants.

Background

1.   In 2007 the NSW Environmental Trust awarded Council a three year grant to the value of $58,000 for the Rehabilitation of a section of Jamison Creek. This project has now been completed with a final report being prepared for the Trust. A further three year Environmental Trust grant to the value of $60,000 has been approved entitled Jamison Creek rehabilitation – stage 2 under the Restoration and Rehabilitation program. This funded work will commence in April 2010 for a further three years. All works undertaken will be consistent with the actions identified in the Jamison Creek Plan of Management.

 

2.   The Department of Lands has approved a grant of $6,500 for the control of noxious weeds on Crown land at Jamison Creek. This funded work will commence in April 2010.

 

3.   Penrith City Council in conjunction with the community group Friends of Ropes Creek have been offered Community Action Grant funding of $17,818.18 (GST exclusive) for Grey Box Woodland Rehabilitation and Community project under the Australian Government’s Caring for our Country initiative. This funded work will commence shortly.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Three successful environmental grants be received.

2.     The grant funding offered to Penrith City Council be accepted.

3.     Council write to the three funding bodies accepting the grants, thanking them for the opportunity to access important environmental funding to assist with improving Penrith’s natural environment.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Green City

 

 

 

10

Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park   

 

Compiled by:                Mark Bakker, Team Leader - Building Approvals

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

       

 

Executive Summary

The purpose of this report is to inform Council of fire safety issues in relation to a property identified by the NSW Fire Brigade and to seek approval to issue compliance procedures.

 

Council has previously been advised of the fire safety requirements contained in the Environmental Planning & Assessment Act 1979. Council has resolved that when a report is received from the NSW Fire Brigades in regard to the fire safety of a premises, procedures shall be implemented by Council staff ahead of the matter being reported to Council, so that the provisions of the Act may be complied with in a timely manner.

 

Council Responsibilities

When Council receives advice from the NSW Fire Brigade that it has inspected a premises under Section 118L of the Environmental Planning & Assessment Act 1979 (the Act), Council must, under Section 121ZD (2) (a) of the Act, table any report and recommendations it receives to a meeting of the Council and determine whether or not it will exercise its powers under the Act to give an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of the New South Wales Fire Brigade.

 

When giving reports to Council under Section 118L of the Act, the Brigade tend to concentrate on general fire safety issues and those matters that concern them directly, such as hydrants, sprinklers, evacuation systems and the like.  The Brigade is not necessarily assessing the entire building and it is therefore important that a fire safety audit of the building be carried out, either by a suitably qualified building consultant or by a Council Building Surveyor

 

In this case however, the subject premises is an integrated housing development, comprising attached and detached dwellings. These residential buildings are relatively simple as the basic fire safety components are the fire walls that separate the dwellings and the smoke alarms provided in the dwellings, both of which do not require regular inspection. The on-site fire hydrant (to allow for potential NSW Fire Brigade operations) was required due to the size of this development and the distance of the furthest dwellings from the street hydrant. This property has now been listed on Council’s data base as requiring an Annual Fire Safety Statement for the hydrant but a fire safety audit is not required.

 

The details of the Brigade’s and Council’s requirements for the subject premises are summarised in the following Table:

 

Address of Premises

NSW Fire Brigade Required Work

Council Requirements

Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park

Owner: Neighbourhood Association of DP 270142

On site pillar hydrant requires bollards to prevent parked vehicles obstructing fire fighting access.

 

An annual fire safety statement is to be submitted to Council for the on-site pillar hydrant.

Conclusion

All fire safety issues identified by the Brigade and Council will need to be addressed by the owner of the premises.  In this regard, it is recommended Council send the owner a notice of its intention to serve a fire safety order.  

 

Council will need to write to the Brigade advising them on the action taken by Council.  A copy of the notice of intention will be included in the correspondence to the Brigade.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Fire Safety Assessment of Integrated Housing Development, Lot 1 DP 270142 (No. 41) Regentville Road, Glenmore Park be received.

2.     Council prepare Notices of Intention to Serve an Order No. 6 under Section 121B of the Act, incorporating all items identified by the Brigade and Council.

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

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

22 March 2010

A Green City

 

 

 

11

Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area  Applicant:  Lensworth Glenmore Park C/O Byrnes PDM Pty Ltd;  Owner:  Lensworth Glenmore Park    

 

Compiled by:                Jonathon Wood, Trainee Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

       

 

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

Executive Summary

Part 6.44 of Penrith Development Control Plan 2006 requires that for Glenmore Park Stage 2, a concept plan setting out proposals for the development of a precinct is required to be lodged and endorsed by Council prior to, or with, the first subdivision development application for each precinct.

 

Council has now received a concept plan for Precinct B of the Glenmore Park Stage 2 release area. The concept plan accompanies the first subdivision development application for the precinct. The concept plan is the first for Stage 2 of Glenmore Park and provides guidance to the future development of the precinct. The concept plan also aims to demonstrate that the critical elements contained within the development control plan can be achieved.

 

The concept plan has been examined and found to be satisfactory when considered against the relevant criteria in Part 6.44 of Penrith Development Control Plan 2006. The concept plan is considered appropriate and it is recommended that it is supported.

 

Council is also in receipt of four (4) development applications for Precinct B that seek to subdivide the precinct in accordance with the provisions of the concept plan. These applications have been assessed in detail and found to be in accordance with Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009, and Penrith Development Control Plan 2006. However, these applications cannot be determined until such times as agreement is reached between the Department of Planning and the developer regarding the provision of public infrastructure through a S.I.C (State Infrastructure Contribution) under a VPA (Voluntary Planning Agreement).

 

Site and Surrounds

The Glenmore Park Stage 2 Release Area is situated on part of the land previously utilised by Mulgoa Quarries as an extractive industry. The majority of the release area has been disturbed in the past through the operations of the old clay/shale mining site. The exception to this is the eastern fringe of the release area and the southern most portion of the site, which have been used predominantly for agricultural purposes. 

 

The Glenmore Park Stage 2 release area comprises eight (8) development precincts, identified alphabetically in precincts A-H. The release area is bordered by Ridgetop Drive, Rosecrea Court, Parakeet Grove, and Mulgoa Nature Reserve to the north, Mulgoa landfill and Mulgoa Nature Reserve to the west, rural properties to the south, and rural properties to the east - with the Northern Road approximately 300m from the eastern boundary of the release area.

 

Precinct B, being the location of the current concept plan, is 23 hectares in area and is located in the north-eastern corner of the release area. Precinct B is bounded by the proposed riparian corridor to the west and south-west, existing residential development to the north and east, and Bradley Street to the south - with Bradley Street serving as the key entry point into the release area.

 

Precinct B is zoned predominantly for urban purposes, with additional provision for the development of Jacaranda Park, which will serve as a key recreation area within the precinct, as well as enabling the establishment of the riparian corridor along the western edge of the precinct.

 

Refer to the Locality Plan at Appendix No. 1 for further details.

 

Comment from Release Area Team

 

The Glenmore Park Southern Expansion release area was endorsed by the NSW Government for inclusion in the Metropolitan Development Program in 2002, with the Minister for Planning declaring the study area as a release area in July 2003 and naming the area as Glenmore Park Stage 2. After this process, Council engaged EDAW Pty Ltd to prepare a detailed Local Environmental Study (LES) relating to the release area to enable Council to prepare a detailed Local Environmental Plan (LEP) for the area. The LES incorporated nine key (9) key elements, including:

 

1.   Biodiversity;

2.   Environmental Analysis;

3.   Bushfire Management;

4.   Culture and Heritage;

5.   Visual Environment;

6.   Connectivity and Accessibility;

7.   Physical Infrastructure;

8.   Economy and Employment;

9.   Social and Community Services.

 

These studies provided direction in Council’s preparation of a comprehensive LEP for the release area. Considerable work was undertaken by Council planners over the last few years, with a draft LEP, DCP and Development Contribution Plan being publicly exhibited and adopted for the release area.  A Planning Agreement between Council and the various landowners for contributions towards affordable housing and employment was also negotiated.

 

The thrust of submissions and the subsequent amendments to the draft plans were tabled to the 5 November 2007 Ordinary Meeting of Council. In addition, detail was provided in relation to the Planning Agreement negotiated between the Landowners Group and Council. Council resolved at that meeting to formally adopt the LEP, DCP, and Contributions Plan and to provide the LEP to the Department of Planning for formal gazettal. Council also resolved at that meeting to endorse the finalisation and signing of the Planning Agreement.

 

Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009 was gazetted on 8 May 2009, and concurrently Part 6.44 of Penrith Development Control Plan 2006 (Glenmore Park Stage 2) came into force. The LEP rezoned 225 hectares of land to permit a range of urban, commercial, conservation and recreational uses. The overall release area contains a total of eight (8) precincts that are labelled Precincts A-H.

 

As mentioned previously, Council has also entered into a Planning Agreement with the landowners within Glenmore Park Stage 2 that make provision for:

·    monetary contributions towards affordable housing and employment;

·    the dedication of land for biodiversity conservation;

·    works in kind for trunk drainage; and

·    biodiversity corridor planting within the release area.  

 

The concept plan submitted for Precinct B has been reviewed by the Release Area Team and is supported.

 

Concept Plan

The requirement for the submission of a concept plan for this precinct of the release area stems from the provisions of Part 6.44 of Penrith Development Control Plan 2006. Section 1.9 of the DCP outlines:

 

A Concept Plan setting out proposals for the development of each precinct or site is required to be lodged and approved by Council prior to, or with, the first subdivision development application for each precinct.

 

A Concept Plan shall demonstrate:

·     Proposed urban structure and public domain elements, including Landscape Masterplan.

·     Delivery of required dwelling yield and diversity targets set out in Table 1.

·     Distribution of lot types and housing forms to suit a variety of lifestyles, household types and financial capacities.

·     Road hierarchy, sections and details.

·     The location and design of open space networks.

·     The location of pedestrian and cycle paths.

·     The Northern Road viewshed analyses where required.

·     Development Staging.

·     Infrastructure Delivery Strategy.

 

The concept plan is to serve as a guide for future development of the precinct and as such it is a broad brush approach to the indicative layout of the precinct. The concept plan provided by Stockland for Precinct B is outlined in Appendix No. 2 and has been provided to Councillors under separate cover and should be viewed in conjunction with this report. It is important to note that the concept plan also provides detail on the development of Precinct A, however this is provided for context only. A future concept plan will be required to be considered as part of the development of Precinct A.

 

Each element required to be detailed in the concept plan is discussed in turn.

 

1. Proposed urban structure and public domain elements, including Landscape Masterplan

The urban structure is clearly defined in the documentation submitted, and also provides detail on the public domain elements - most significantly in relation to Jacaranda Park. The detailed documentation relating to the public domain elements, such as street furniture and the like, will be submitted with future development applications. The Landscape Masterplan submitted provides the indicative street landscaping elements, and seeks to create a diversity of character and reinforce the legibility of the street hierarchy. Discussions were held with Council’s Landscape Architect who agreed that the concept reinforces the functions of the various streets, particularly the main collector road which will be a landscaped boulevarde with the most significant tree plantings. The species to be utilised within the street network will be finalised throughout the assessment of the development applications in consultation with the developer.

 

2. Delivery of required dwelling yield and diversity targets set out in Table 1

Table 1 is located in Section 2.5 of the DCP, and provides for the minimum delivery of different dwelling types within the precinct. In relation to Precinct B, the table outlines:

 

Table 1: Dwelling Diversity

DWELLING TYPE

Precinct

Apartments and Studios

Terraces / Live-Works and

Semi- Detached

Built to Boundary

Detached

Precinct Total

B

15

20

70

160

265

 

The concept plan submitted for consideration provides detail on the lot mix and layout and is consistent with Table 1 by providing the following:

 

DWELLING TYPE

Precinct

Apartments and Studios

Terraces / Live-Works and

Semi- Detached (corner lot)

Built to Boundary

Detached

Precinct Total

 

 

(230-600m2)

(280-400m2)

(450-1000m2)

 

B

0*

25

85

208

318

                                                                                                         * Discussed further below

 

In relation to the requirement for 15 apartments and studios to be delivered, the developer has nominated residue allotments that cover a total area of some 10,500 square metres and has outlined in writing that the total number of apartments delivered will exceed the minimum dwelling yield of 15.

 

In summary, it can be seen that the precinct will deliver in excess of the minimum dwelling yield. Comments received from Council’s Sustainability and Planning Department have confirmed that this is the case.

 

3. Distribution of lot types and housing forms to suit a variety of lifestyle, households types, and financial capacities

This element is interrelated with the delivery of the required lot yield discussed previously. The diversity of lot sizes and built forms is sufficient in being able to suit a variety of lifestyle, household types and financial capacities.

 

4. Road hierarchy, sections and details.

The concept plan outlines the proposed road hierarchy, sections for the collector road and details on the other minor local roads. Of most importance is the departure from the prescribed DCP road layout, in that the main collector road is located further to the east. Discussions held with Council’s Sustainability and Planning Department have indicated that this has been discussed at length, and it was generally agreed that the relocation of the collector road provides greater address to Jacaranda Park whilst retaining the functionality prescribed in the DCP. Therefore the modified location of the collector road is worthy of support.

 

The developer has outlined that the precinct will generally adopt the road dimensions for local roads, minor local roads, and laneways. The detail on these roads will be considered with the development applications for the precinct. There is currently discussion with the developer on their proposed blister treatments and landscape beds on the main collector road. This detail can be worked through as part of current development applications. The details submitted in relation to the road hierarchy, sections and details are sufficient at concept stage.

 

5. The location and design of open space networks

The concept plan submitted provides significant detail on Jacaranda Park, which will be the key open space element within Precinct B. It will provide connectivity to the existing park that straddles the boundary of the current release area and the existing established parts of Glenmore Park. For greater context, detail has been provided in terms of the open space to be situated in Precinct A. The location and design of open space networks are consistent with the provisions of the DCP. Discussions have also been held on the detailed design elements of Jacaranda Park, with a development application to be lodged within the coming weeks.

 

6. The location of pedestrian and cycle paths

The concept plan submitted contains documentation showing the location of pedestrian and cyclist paths/routes. The location and type of both pedestrian and cycle paths remains consistent with the provisions of the DCP and will enable linkages to other precincts with the release area.   

 

7. The Northern Road viewshed analyses where required.

The provisions of Section 3.1.6 identify those areas within the release area that have potential to adversely impact on the existing viewshed from the Northern Road towards the Blue Mountains. Precinct B is not identified as an area where a viewshed analysis is required. Therefore the concept plan is not required to be supported by a viewshed analysis.

 

8. Development Staging

The concept plan, through the lot mix and layout, provides some detail on the staging of the precinct. Supporting documentation has been received that clarifies the timing of each stage within the precinct.

 

The detail provided is sufficient at concept stage, and gives an indication on the delivery of the precinct, with an anticipated ‘finish’ towards the end of 2013. This will be subject to market consideration and sales. The development applications for the precinct will have to detail the logistics of facilitating the release of subdivision certificates to enable the sale of individual lots.

 

9. Infrastructure Delivery Strategy

The concept plan outlines the location and types of infrastructure required to service the precinct, in terms of initial lot creation through to the servicing of individual dwellings. The timing of infrastructure delivery will be dealt with under the current development applications.

 

Status of Current DA’s

Council is currently in receipt of four (4) development applications within Precinct B that deal with the delivery of all lots within the precinct. The development applications currently submitted are as follows:

 

·    DA09/1202- 43 Lot subdivision and associated road work

·    DA09/1203- 58 Lot subdivision and associated road work

·    DA09/1237- 162 Lot subdivision and associated road work

·    DA09/1238- 38 Lot subdivision and associated road work

 

Council is currently undertaking detailed assessments of these proposals, and for the most part, they are deemed to be in accordance with the provisions of the LEP and DCP. Detailed discussions are currently being held with the developer regarding the proposed treatments to the main collector road which depart from the provisions of the DCP.

 

Once these details are agreed upon the applications will be in a position to be finalised. However, Council is unable to determine the applications until the Voluntary Planning Agreement is finalised between the landowners and the State Department of Planning. This stems from the provisions of Clause 6.1(2) of Penrith LEP (Glenmore Park Stage 2) 2009, which provides:

 

6.1 Arrangements for designated State public infrastructure

(1)The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

 

(2)Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

 

This clause is required under the standard planning instrument and as such Council must wait until such time as the Director-General certifies in writing that satisfactory arrangements have been made to contribute to the provision of state public infrastructure, i.e. the State Voluntary Planning Agreement (VPA). Consultation with staff at the Department of Planning has indicated that there is uncertainty surrounding the timeframe for the finalisation of the State VPA. It is Council’s understanding that it may be up to three (3) months away. For this reason, and to enable the timely and orderly development of the precinct, it is proposed that these development applications be determined under delegated authority as they must be consistent with the concept plan endorsed by Council. 

 

Section 94 Contributions & Council Planning Agreement

The four (4) development applications are subject to the following Section 94 Contribution Plans and Section 93f Planning Agreement: 

 

·    Cultural Facilities;

·    District Open Space;

·    Glenmore Park Stage 2; and

·    Glenmore Park Stage 2 Planning Agreement.

 

Cultural Facilities and District Open Space are citywide contribution plans, whilst Glenmore Park Stage 2 is a plan formulated specifically for the release area. The Glenmore Park Stage 2 plan requires monetary contributions, or agreed upon works in kind, toward the following elements in the release area:

 

·    Community Facilities;

·    Local Open Space; and

·    Road & Traffic Works.

 

A planning agreement has been entered into by the owner of the precinct and as such the owner is required to provide payments/land/works as stipulated within the planning agreement. The planning agreement relates to the provision of:

 

·    Affordable Housing;

·    Employment Contributions;

·    Trunk Drainage Works;

·    Biodiversity Corridor Planting Works;

·    Dedication of Land.

 

The monetary value attributed to the four (4) developments applications for Section 94 contributions is approximately $9.6 million. The developer has indicated that they will pursue a works in kind agreement with Council for the bulk of the Section 94 elements. The timing of the Section 94 payments, or the completion of the works in kind, is tied to the issue of subdivision certificates. In essence, the developer cannot obtain subdivision certificates until such times as Section 94’s are paid, or until the works in kind are conducted. This will ensure that appropriate infrastructure can be in place within the release area. 

 

The monetary contributions associated with affordable housing are broken into two (2) instalments. It is important to note that the planning agreement relates to the total land holdings of each owner, in this case Lensworth Glenmore Park, and does not provide for an incremental approach to monetary payments for each stage of developments. The payments associated with the affordable housing component are as follows:

 

Instalment

Monetary Value

Date Payable

First Interim

$74,769.24 (subject to indexation)

Date of issue of 1st subdivision certificate

Second Interim

$109,053.17 (subject to indexation)

Anniversary date of first interim instalment.

Residual

$115,254.54 (subject to indexation)

Prior to issue of last subdivision certificate

Total

$299,076.95 (subject to indexation)

 

 

The monetary contributions associated with employment are broken into four (4) instalments. It is important to note that the planning agreement relates to the total land holdings of each owner, in this case Lensworth Glenmore Park, and does not provide for an incremental approach to monetary payments for each stage of developments. The payments associated with the employment component are as follows:

 

Instalment

Monetary Value

Date Payable

First Interim

$59,815.39 (subject to indexation)

Date of issue of 1st subdivision certificate

Second Interim

$87,242.54 (subject to indexation)

Anniversary date of first interim instalment.

Third Interim

$87,242.54 (subject to indexation)

Later date of:

·     2nd anniversary of first interim instalment; or

·     Date on which a subdivision certificate is issued that relates to the 200th residential lot

Fourth Interim

$87,242.54 (subject to indexation)

Later date of:

·     3rd anniversary of first interim instalment; or

·     Date on which a subdivision certificate is issued that relates to the 100th residential lot created after the creation of the first 200 lots (effectively 300th lot)

Residual

$156,980.11 (subject to indexation)

Prior to issue of last subdivision certificate.

Total

$478,523.12 (subject to indexation)

 

 

The trunk drainage works and biodiversity corridor planting works contained within the planning agreement are required to be carried out prior to the issue of a subdivision certificate for the 250th residential lot.

 

The dedication of land to Council relates to the dedication of the Surveyors Creek biodiversity corridor, which is tied to the required trunk drainage works and the biodiversity corridor planting works. The land dedication is to be carried out no earlier than two years after the date of completion of the last outstanding item of the trunk drainage works and biodiversity corridor planting works, and to be no later than the Surveyors Creek Corridor Dedication Date.

 

Conclusion

The Precinct B concept plan submitted in conjunction with the first subdivision application for the precinct satisfies the provisions of Section 1.9 of Part 6.44 contained within Penrith Development Control Plan 2006. The plan provides direction to the future development of the precinct and gives Council comfort that the relevant provisions of the DCP are able to be achieved. The concept plan is worthy of Council’s endorsement.

 

The current four (4) development applications are close to being finalised by Council Officers, however they cannot be determined until such time as documentation is received from the Director-General indicating that satisfactory arrangements have been made in terms of state public infrastructure. Because of the uncertainty on the timing of this component, it is recommended that the current development applications be determined under delegated authority.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Concept Plan for Precinct B in the Glenmore Park Stage 2 Release Area be received.

2.     The Precinct B Concept Plan be endorsed by Council.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Concept Plans

10 Pages

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

22 March 2010

Appendix 2 - Concept Plans

 

 

 











Ordinary Meeting

22 March 2010

A Green City

 

 

 

12

Development Application DA09/0599  Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park  Applicant:  Maderinn Group Pty Ltd;  Owner:  Oen Zoan Castle Hill Property Investment  Group Pty Ltd    

DA09/0599

Compiled by:                Deepa Randhawa, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

       

 

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

Executive Summary

Council is in receipt of a Development Application from Moderinn Group Pty Ltd for demolition of the existing dwellings and construction of nine (9) attic style villas at Lot C DP 432667 and Lot 2 DP 214825 (No. 69 and 67) Brisbane Street Oxley Park.

 

The site is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed development is defined as a “multi unit development”, which is permissible with the consent of Council. The proposed development has been advertised in the local newspapers and notified to nearby and adjoining residents. Council received 2 submissions in response to the proposal.

 

An assessment of the proposal, including the submissions received by Council, under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The following key issue has emerged as a result of this assessment process:

 

·    The proposal is noncompliant with the rear setback requirement of 6m, a requisite of Local Environmental Plan 1998- Urban Land and is reliant upon approval pursuant to a SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) objection seeking a variation from Council’s development standard.

 

The application is reported to Council for determination as required by the Department of Planning Circular PS08-014 of 14 November 2008 “Reporting Variations to Development Standards” as the proposed development involves variation to a development standard exceeding 10%.

 

Having regard to the variation and all of the relevant matters discussed in detail in the report and notwithstanding the issues raised in the submissions, the subject Development Application is satisfactory and is recommended for approval, subject to the imposition of conditions.

Background

On 26 June 2009, Council received a development application for the demolition of the existing dwellings on the site and construction of 10 villas including removal of trees and associated landscaping.

 

The applicant had not had a pre-lodgement meeting with Council and as a result of the assessment a letter was issued to the applicant on 24 August 2009, requesting them to address a range of issues to comply with LEP and DCP requirements.

 

Council received amended plans and amended documents on 29 September 2009. One dwelling was deleted under the revised proposal. The amendment proposal was satisfactory except for the concerns raised by Council’s Engineers in relation to turning manoeuvres for vehicles.

 

Council received further amended plans on 4 January 2010. The amended proposal meets the requirements of the LEP 1998 and DCP 2006 subject to a SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) objection seeking variation from a 6m to a 4m rear setback for part of the subject site.

 

The application was placed on public exhibition in the local newspapers and the owners and occupiers of the adjoining properties were notified between 8th July and 22nd July 2009 in accordance with Council’s Notification and Advertising Development Control Plan. Council received two (2) submissions in relation to the proposal.  The issues are discussed later in this report.

Site and Surrounds

The site is located on the northern side of Brisbane Street bounded by Braddon Street to the east and Sydney Street to the west (see Locality Map- Attachment 1).

 

The subject site consists of two lots - Lot C DP 432667 and Lot 2 DP 214625. The combined site area is 2292.26 m2 with a frontage of approximately 38.81m. The site falls 1.2m from the front (south-east) to the rear (north-west).  There are existing dwellings and outbuildings erected on the site. The existing trees on the site are not significant specimens.

 

The surrounding area is characterised by a mix of low-density (single-storey detached dwelling-houses) and medium density (multi-unit housing) residential development.

The Proposed Development

The proposed development now includes the following aspects:

 

·    Construction of  9 villas comprising: 

§ Eight (8) attic style villas (Unit No.1-4 and 6-9)

§ Unit No. 5 is a single storey villa consisting of 4 bedrooms.

·    Two parking spaces for each unit in the form of 1 single garage with 1 uncovered  car space

·    2 visitor’s parking spaces accessed by central driveway

·    Four existing trees to be removed

·    Associated landscaping and drainage works

·    Provision of a bin storage area at the front of the site

 

The following reports and plans form part of the development application:

 

·    Statement of Environmental Effects prepared by Chalmers Paige Pty Ltd dated June2009.

·    Plans of proposed drainage, file number 09HR260- Dwg No. 1 and 2

·    Landscape plan numbered 1993, prepared by Monaco Designs

·    Detailed survey prepared by Watson Buchan Surveying reference 03/1244

·    Site plan, Ground floor plan, first floor plan, elevations, sections, area calculations, car parking and turning circle diagrams (Job No. 9103 DA1001- 1010 rev D) prepared by Moderinn Group Pty Ltd

·    Shadow diagrams (Job No. 9103 DA1011- 1013 rev A)

·    The BASIX Certificate ( 232558M-03) and a NaTHers Certificate

·    Waste Management Plan

 

(A Site plan, Elevation & Section plan are included as Appendix No. 2).

Planning Assessment

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

 

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

State Environmental Planning Policy No. 1 – Development Standards (SEPP No.1)

The aim of State Environmental Planning Policy No.1- Development Standards is to provide:

 

‘flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in Section 5 (a)(i) and (ii) of the Act’.

 

The Department of Planning’s Guidelines for the Use of the State Planning Policy No.1 (DOP Circular No.B1) states that:

 

“As numerical standards are often a crude reflection of intent, a development which departs from the standard, may in some circumstances achieve the underlying purpose of the standard as much as one which complies. In many cases the variation will be

numerically small and in other cases it may be numerically large, but nevertheless be consistent with the purpose of the standard…

 

In deciding whether to consent to a development application the Council should test…whether the proposed development is consistent with the State, regional or local planning  objectives for the locality, and in particular the underlying objective of the standard”.

 

If the development is not only consistent with the underlying purpose of the standard, but also with the broader planning objectives of the locality strict compliance with the standard would be unnecessary and unreasonable”.

 

The proposed development is non-complaint with Council’s development standard relating to the rear boundary setback requirement. Clause 12(4) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that the building must be set back at least 6m from the rear boundary or in case of a single storey  building at least 4m from the rear boundary of the site. The subject site consists of two lots - Lot C DP 432667 and Lot 2 DP 214825. Lot C achieves a rear setback of 6.8m which is compliant; however development on Lot 2 proposes a rear setback of 4 m representing a variation from the relevant development standard of 33%.

 

Section 4(1) of the Environmental Planning and Assessment Act 1979 defines development standards as follows:

 

development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of:…

 

(c) the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of a building or work,…

 

Based on this definition, Council’s requirements relating to the rear setback of a building can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

 

The objectives of the rear setback control are to:

 

“(a)      achieve site responsive development at a scale which is compatible with existing    housing in the locality by controlling visual impacts relating to height and bulk;          and

  (b)       minimise the impact of loss of privacy, overshadowing and loss of views; and

  (c)       achieve an appropriate separation between buildings and site boundaries and                  preserve private open space corridors along rear fence lines; and

  (d)       protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.”

 

Part of the rear setback of the site forms part of the side setback of proposed villa No.6 which achieves a 4m setback.

 

The applicant has written an objection to the development standards contained in Clause 12(4) of Penrith LEP 1998 (Urban Land) under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1).

 

The applicant submits that strict compliance with the development standard is unreasonable or unnecessary due to (in summary):

 

·        The proposed development is consistent with the bulk and scale of the adjoining development and is not likely to cause any detrimental impacts; 

·        The site is irregular in shape creates a stepped configuration not envisaged by the Clause 12 requiring a standard 6m setback;

·        Unit 6 is set back 4m to the rear boundary where as the rest of the development is setback is 6m, this boundary could be considered as a side boundary;

·        The units on the adjoining sites also contravene the minimum rear boundary setback, the proposal therefore compliments the rear streetscape as seen from the parkland.

 

The irregular, stepped arrangement of the rear of Lot 2 DP 214825 (No.69) does restrict design and setback opportunities to some extent, however it is not agreed that the boundary adjacent to Villa No. 6 could be considered as a side boundary.  Nonetheless, the building layout generally reflects the shape of the allotment. 

 

Villa No. 6 provides an external wall height of 3.2m and achieves a single storey appearance for the majority of the 4m rear setback. This is in keeping with the objective of the development standard.

 

The proposal does not impact on the solar access to living areas and private open space of the development and the adjoining residences due to north–south orientation of the site. Villa No.6 provides adequate setback from the boundaries to achieve an appropriate separation between buildings and site boundaries and preserve private open space corridor along rear fence. 

 

A landscaped area is available to the rear of the consolidated land. This will provide a good buffer between properties to minimise the impact of loss of privacy or loss of views.

 

The non-compliance does not compromise the intent of the development standard in term of achieving a site responsive development which is compatible with existing housing in the locality. The proposed development is consistent with the bulk and scale of the adjoining development and is not likely to cause any detrimental impacts (See Locality Map - Appendix No. 1).

 

The development satisfies the objectives of the SEPP 1, and Clause 12(4) of LEP 1998 (Urban Land).  In the circumstances of this case, it is considered that strict compliance with the clause is unnecessary and unreasonable.  The SEPP 1 submission in relation to Clause 12(4) rear setback is supported.

 

State Environmental Planning Policy No. 55 (SEPP No. 55)

According to clause 7 of SEPP No. 55 Council may not consent to the carrying out of any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out.

 

The site has been continuously used for residential purposes. The possibility of contamination associated with industrial process is considered to be low.  Therefore Council is satisfied that the site is suitable for the proposed villas.

 

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

This Policy ensures the implementation of the BASIX scheme that encourages sustainable residential development. It requires certain kinds of residential development to be accompanied by a list of commitments to be carried out by the applicants.

 

A BASIX Certificate No. 232558M_03 is submitted with the development application.  A standard condition is imposed in the consent to ensure the commitments shown on the Certificate are maintained for the life time of the villas.

 

Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River (No. 2 – 1997)

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context.  Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality, particularly as that relates to recreation and aquatic ecosystems.

 

The stormwater design involves the collection of roof water into the pits in the courtyards and the driveways collected in an on-site detention basin and then dispersed to the street drainage system.  It is expected that the drainage proposal will not have an adverse cumulative impact on the Hawkesbury Nepean River catchment. 

 

Appropriate erosion and sediment controls by way of standard conditions are recommended to be installed to prevent disturbance of soils so as to reduce impacts on water quality during construction.

 

The proposal is subject to the recommended conditions, consistent with the objectives of Part 2 of SREP 20, particularly in relation to total catchment management water quality.

 

Penrith Local Environmental Plan 1998 (Urban Land)

The subject site is zoned 2(c) Residential (Low Medium Density) under Penrith LEP 1998 (Urban Land).  The proposed development is defined as multi unit housing, which is permissible with the consent of Council.

 

The following zone objectives are relevant to the proposed villas:

 

 (i)     to reinforce the importance of the natural landscape settings and areas with

          heritage conservation value, and

(ii)     to protect the character of traditional cottage development and streetscapes, and

(iii)    to consolidate population and housing densities, and

(iv)    to expand housing choices by allowing multi-unit housing with a single storey

          appearance, and

(v)     to promote a variety of housing types or forms upon the site of each proposed

           development

 

The proposal is consistent with the objective of protecting the character of traditional cottage development and streetscapes, consolidating population and housing densities and promotes a variety of housing types.

 

Development Standards

Clause 11 Site controls for multi unit housing – 2(c) Zone

Min area

800m2

2291.94m2

Yes

Min width

15m

38.81m

Yes

 

Clause 12 Building envelope, height, landscaped area, rear setback – 2(c)

Building envelope

1.8m

Achieved

Yes

Max wall height

3.5m

3.2m

Yes

Landscaped area

40%

40.07%

Yes

Rear setback

6m

No. 69 -6.8m

No. 67 - 4m

Yes

No – see SEPP 1 (Section 97(c)(1)(a)(i)

 

Clause 13 Provisions for environmental performance in development generally

 

Clause 13(2) states that the windows of the living areas of the proposed dwelling and the neighbouring property must receive a minimum three (3) hours of sunlight between 9am and 3pm on 21 June.  Furthermore, a minimum R3.0 thermal rating of insulation must be provided to the roof and minimum R1.5 thermal rating of insulation to the walls.

The north-south orientation of the subject land ensures that the living areas and the private open space of the units within the development receive a minimum of three hours of sunlight. 

The shadow diagrams demonstrate no adverse shadow impact on the living areas and private open space within the development and the private open space of neighbouring properties.  

 

The BASIX Certificate and a NaTHers Certificate that accompanies the application indicate the commitments that achieve the above environmental performance. 

 

In view of the above, Council is satisfied that the proposal complies with Council’s environmental performance subject to conditions.

 

Clause 14 Provision for design principles in development generally

 

It is stated that council must not consent to development unless the proposed development

has taken into account the following:

 

(a)       reinforcement and protection of local topography and setting,

(b)       reflection of the forms, features or qualities of traditional residential neighbourhoods across Penrith local government area,

(c)       consistency or compatibility with the scale, design and amenity of neighbouring development,

(d)       contribution to attractive streetscapes through the diversity of building forms and landscaped areas that can be seen from any public place nearby,

(e)       provision for contemporary standards of amenity within each dwelling and the associated private open space,

(f)        preservation and enhancement of any significant vista that currently might be available from a public place nearby.

 

As stated previously in the report, the streetscape of Brisbane Street is in transition and developments in the area consist of a mix of dwelling houses and multi-unit housing of different architectural styles and external finishes. 

 

It is considered that the proposed villas are sympathetic to the surrounding developments in terms of scale, form and external finishes and colours.  The proposed villas are also designed to comply with a majority of the numerical standards including setbacks, solar access, landscaping and the demand for outdoor recreation in the LEP to ensure the residential amenity of the occupiers of the villas and the privacy of the occupiers of the villas and the adjoining properties.

 

The development provides a 6.8m setback to the parkland at the rear of the site which maintains an attractive rear streetscape as seen from the parkland.

 

In view of the above assessment, the proposal is consistent with the aims and objectives of LEP 1998 (Urban Land) and complaint with the numerical standards.

  

2.   Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

Draft Local Environmental Plan 1998 (Urban Land) (Amendment No. 17)

The Department of Planning issued a circular on 13 November 2008 advising that from 1 March 2009, draft environmental planning instruments that were exhibited prior to 1 March 2006 and which have not yet been gazetted should not be considered pursuant to Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979. Draft Penrith Local Environmental Plan 1998 (Urban Land) Amendment No. 17 satisfies this criterion and therefore does not require consideration with regard to the subject Development Application.

 

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

Penrith Development Control Plan 2006

Section 2.2 Crime Prevention Through Environmental Design

Crime Prevention through Environmental Design (CPTED) aims to ensure development is appropriately designed to reduce the likelihood of crimes being committed. By introducing measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management, it is anticipated that this will assist in minimising the incidence of crime and contribute to perceptions of increased public safety.

 

All villas have either the living areas or the kitchen facing the street and/or driveway which allows for passive surveillance and presentation to the street. The front fence allows filtered views and concealment opportunities have been minimised.

 

All uncovered car spaces including the two visitor’s car parking spaces are accommodated along the central driveway in public’s view which ensures protection against graffiti and theft. Landscaping and courtyard walls and the letterbox ensure that entrances are defined and provide a sense of place.

 

This plan seeks to provide a safe and secure development with adequate lighting, passive surveillance and visual access.

 

 

Section 2.4 Erosion and Sediment Control

The proposed development includes provision for appropriate strategies to manage and minimise erosion and sedimentation during the course of the development works.

 

Section 2.6 Landscape

The application has been accompanied by a detailed landscape plan for the site which will provide for the high-quality embellishment of the site by suitable ground covers, shrubs and trees which, at maturity, will complement the height, scale, design and function of the proposed development. Four existing trees are to be removed and the application was referred to Council’s Tree Management Office, who has raised no objections to the removal as these trees are not significant or worthy of retention.

 

Section 2.9 Waste Planning

The application has been accompanied by a waste management plan and it suitably describes the likely waste generation of the proposal and identifies appropriate action to manage the generation, storage and disposal of wastes. Standard conditions have been recommended to ensure waste disposal is carried out in accordance with Council’s requirements.

 

Section 2.11 Car Parking

According to Council’s DCP, a total of twenty (20) spaces are required for the villas at a rate of two (2) parking spaces per dwelling.  In addition, one (1) visitor space is required at a rate of one (1) space per five (5) dwellings. 

 

A total of 20 car spaces are provided in the form of one (1) garage and one (1) car parking space for each villa.  Two (2) visitor parking spaces are also provided in accordance with Council’s parking requirement.  The applicant has also nominated villa No. 5 as an adaptable villa and a 3.2m wide garage suitable for a person with a disability. The proposed development provides for adequate on-site parking provision and would have minimal impact on local parking conditions.

 

Section 4.4 Residential – Villa Style Development

The proposal is consistent with the following objective of this section of the DCP:

 

(a)       Provides additional dwellings that are suited to projected housing needs, and are located close to shops, stations, established community services and infrastructure;

(b)       Adopts the form and character of traditional established neighbourhoods;

(c)       Ensures the development does not detract significantly from the quality of existing dwellings and private gardens, and that new dwellings and gardens achieve a quality and safety that is reasonable within medium or mixed-density residential environments.

 

Design and Numerical Requirements

An assessment of the proposed villa development against the numerical standards of the DCP is in Attachment 3. The compliance table shows that the proposal complies with a majority of the numerical standards.

 

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

The likely impacts of the proposed development upon the surrounding area are discussed as follows:

 

Existing Character

Existing surrounding development is noted to contain a mix of low-density (single‑storey detached dwelling-houses) and medium density (multi-unit housing) residential development. The zoning of the immediate area is 2(c) Residential (Low‑Medium Density). It is anticipated that the proposed development will reflect Council’s vision for this zone to provide opportunities for a mixture of housing stock from single dwelling-houses to multi-unit housing. The proposal ensures that it will be consistent with the existing residential streetscape whilst ensuring that the desired future character of the area will not be diminished as outlined in Council’s LEP.

 

The north-south subdivision pattern of Brisbane Street and the locality ensures No. 67 and 69 Brisbane Street receive three (3) hours of sunlight. The submitted shadow diagrams also demonstrate the proposal would have minimal overshadowing impact on the neighbouring properties.

 

Built Form

The proposed development is consistent with the existing residential amenity of the surrounding area and will maintain a consistent bulk and scale with adjoining development. Appropriate building treatments are to be incorporated into the design of the proposed development through varied rooflines, horizontal and vertical proportions, building articulation and a suitable mix of external building materials. These measures will ensure that the proposed development will be compatible within the existing residential environment.

 

The issue related to the departure from the maximum 6m rear setback requirement has been addressed in SEPP 1 above and it is concluded that the bulk and scale of the proposed villas are sympathetic to the existing built form and would have minimal impact on the streetscape or the neighbouring properties.

 

Landscaping will be provided as part of the proposal. A number of advanced planting ground covers, shrubs and trees as well as grass covers will be provided within the site in order to ensure that the proposed development will contribute to the embellishment of the established garden character of the street.

 

Traffic generation

The proposal will generate approximately fifty (50) trips in a day and five (5) trips in peak hour. The increase is minimal and will have a negligible impact on the current traffic volumes of the area. A total of 20 car parking spaces are provided with two (2) parking spaces provided for each dwelling. The proposed colour scheme for the dwellings is considered to be suitably characteristic of surrounding dwellings.

 

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

The site attributes are considered conducive to the development proposal. It is also considered that the proposal has been designed in a manner consistent with the character of the locality.

 

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

Referrals

The application was referred to Council’s Acting Development Engineer, Team Leader - Building Approvals and Tree Management Officer and their comments have formed part of the assessment:

 

Referral Body

Comments Received

Acting Development Engineer

No objection is raised to the proposal subject to

Conditions

Team Leader - Building Approvals

No objection is raised to the proposal subject to conditions

Tree Management Officer

No objection is raised to the removal of trees  

Waste Services

The proposal is satisfactory

Community Consultation

In accordance with Section 2.7 Notification and Advertising of the Penrith Development Control Plan 2006, owners and occupiers of adjoining properties were notified of the development proposal and invited to inspect the proposal from 8 July 2009 to 22 July 2009.  Council received one (2) submissions. One submission requested the removal of a tree on the subject site.

 

The following issues were raised in the submissions received and have formed part of the assessment.

Removal of a tree requested

The tree in question is a Camphor Laurel and is proposed to be removed as part of the application.

Traffic generation and related noise from vehicular traffic

The proposal is estimated to produce approximately fifty (50) additional trips in a day, which is a minor increase in local traffic flow. It is acknowledged that the introduction of nine (9) new dwellings will result in a degree of increase in general noise, however this will always be the case with new infill development. No circumstances have been identified to indicate that this proposal would generate specific noise levels which would warrant refusal, or modification of the proposal.

Unruly future residents/tenants

There is no evidence to support the claim that the proposed form of housing will necessarily be exclusively occupied by younger people or that younger people are more likely to generate greater noise impacts.

Loss of biodiversity

The subject site has limited vegetation. The application has been accompanied by a detailed landscape plan for the site which will provide for the high-quality embellishment of the site by suitable ground covers, shrubs and trees which, at maturity, will complement the height, scale, design and function of the proposed development. 

Loss of views

The proposed development is generally compliant with the height and siting controls contained in Council’s LEP and DCP and therefore the resulting loss of views has been minimised as much as possible.

 

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

The site is suitable for the proposed development given the reduction in villas proposed. Multi-unit housing is permissible in the 2(c) Residential (Low-Medium Density) zone and the proposal meets the aims and objectives of the relevant environmental planning instruments. The proposed development is likely to improve the overall appearance of the site.

 

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

Section 94 Contributions

The following Section 94 calculations apply to the proposed development

 

(a)       Penrith City District Open Space Facilities Development Contributions Plan - $27,199.00

(b)       Penrith City Cultural Facilities Development Contributions Plan - $1,498.00

(c)       Penrith City Local Open Space Development Contributions Plan 2007 - $9,845.00

(d)       Penrith City Section 94 Contribution Plan - Footpath Construction in the Established Residential Areas of the City - $1,064.00

 

The contributions have been applied via conditions of consent.

 

Conclusion

The proposed villas are appropriately located within a 2(c) Residential (Low-Medium Density) under the provisions of the Penrith Local Environmental Plan 1998 (Urban Land) and the development is consistent with the aims and objectives of the Local Environmental Plan and Development Control Plan.

 

Further, the development performs adequately in terms of its relationship to the surrounding built and natural environment, particularly in relation to likely impacts upon surrounding properties. 

 

The concerns raised by the submitters are acknowledged, however, on balance, the proposed development is satisfactory and the grounds of objection are not sufficient to justify refusal of the Development Application. The proposed development is in accordance with the relevant provisions of the environmental planning instruments and DCP pertaining to the land. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed development and the proposal is in the public interest as it meets the overall objectives of the Local Environmental Plan.

 

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The proposed development is therefore considered to be worthy of Council’s support.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA09/0599  Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park be received.

2.     The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to the rear setback provisions under Clause 12(4) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.     Development Application DA09/0599  Multi Unit Housing - Demolition of existing dwelling and Construction of Nine Attic Style Villas 67-69 Brisbane Street, Oxley Park be approved subject to the following conditions:

       Standard Conditions

3.1       A001          Approved plans

A008           Works to BCA requirements

A009           Residential works DCP

A011                    Engineering works DCP

A014                    Lot consolidation

A019                    Occupation Certificate

A038                    Lighting locations

A039                    Graffiti

A046                    Obtain Construction Certificate before commencement of                  works

B001                    Demolition of existing structures

B002                    Australian Standard for demolition and disposal to                              approved landfill site

B003                    Asbestos

B004                    Dust

B005                    Mud/soil

B006                    Hours of demolition work

C003                    Uncovering relics

D001          Implement approved sediment and erosion control          measures

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

E001                     BCA compliance

E006                     Disabled access and facilities for Villa No.5

G002                    Section 73

G004                    Integral Energy

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

H002                    Provision of site facilities prior to commencement of                  construction works

H006                    Implement waste management plan

H025                    Construction of garbage rooms

H033                    Clothes drying facilities

H036                    Rainwater tank

H037                    Safe supply of water from catchment areas

H038                    Connection of rainwater tank supply

H039                    Rainwater tank pumps

H041                    Hours of construction work

I003                      Roads Act approval

K001                    Engineering Construction Certificate

L001                     Approved landscaping plans

L002                     Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

M013          Street trees

N001          Cultural Facilities - $1,498.00

N002                    District Open Space - $27,199.00

N003                    Footpath - $1,064.00

N004                    Local Open Space - $9,845.00

P001                     Costs

P002                     Fees associated with Council land

Q01F                    Notice of commencement and appointment of PCA

Q010                    BASIX Certificate

          Special Conditions

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

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

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

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

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

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

(a)      On-site detention system

(b)     Car park

 

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

 

3.8     Stormwater drainage from the site shall be discharged to the:

(a)     Penrith City Council’s trunk drainage system behind the property

 

The proposed stormwater drainage system shall be designed to ensure no adverse impact on adjoining properties by the diversion or concentration of stormwater flows.

 

The proposed method of stormwater discharge shall be detailed in the Construction Certificate issued by the Certifying Authority

 

3.9     On-site detention shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Moderinn Group, reference number 09HR260 D02 revision C, dated 18/06/09.

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

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

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

 

3.11             Prior to the issue of a Construction Certificate the Certifying     Authority shall ensure that the foundations of proposed structures         adjoining the drainage and/ or services easement have been designed         clear of the zone of influence.

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

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

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

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

3.16   Prior to the issue of an Occupation Certificate, the Principal      Certifying Authority shall ensure that all works within the road    reserve and Council’s easement have been inspected and approved by          Penrith City Council.

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

3.18             Prior to the issue of an Occupation Certificate the Certifying     Authority shall ensure that the on-site detention systems:

 

o Has been constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Construction Certificate conditions of development consent.

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

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

 

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

 

3.19   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 wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

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

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site Plan, Elevations & Sections

3 Pages

Appendix

3. View

Development Controls

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

22 March 2010

Appendix 2 - Site Plan, Elevations & Sections

 

 

 




Ordinary Meeting

22 March 2010

Appendix 3 - Development Controls

 

 

 

 

Development Controls

Requirement

Compliance

5.2 Urban Form

§ Each building block no longer than 20m.

 

§ Provide a 4m wide open corridor across the site for separated dwellings.

§ No – one building (21m). Non-compliance considered negligible.

§ No (3m). Non-compliance    considered negligible.

 

5.3 Front and Rear Setbacks

§ Front setback to match adjoining   developments or 5.5m minimum.

§ Rear setback 6m for 2-storey and      4m for single-storey

§ Yes (7.5m).

 

 

§ No = No.67 - No 4m

§ Yes =No.67 – 6.8m

5.4 Driveways and   Parking

Resident Parking:

§ 1 space per 1 bed unit.

§ 1.5 spaces per 2 bed unit.

§ 2 spaces per 3 bed unit or more

 

Visitor Parking:

§ 1 space per 5 units.

 

§ 1 x 2 bed villa = 1x1.5 = 1.5 spaces

 

§ 6 x 3 bed villas = 6x2  = 12 spaces

§ 2 x 4 bed villas = 2x2  = 4 spaces

 

§ 9 ÷ 5 = 1.8

 

TOTAL: 19.3 car spaces required; 20 car spaces provided.

5.5 Landscaped Area

40% of site area.

§ Yes (40.7%).

5.6 Building Envelope and Side Setbacks

§ Maximum ground floor level 1m above ground level.

§ Maximum 500mm cut and fill.

§ Minimum 2m side setbacks.

§ Yes

 

§ Yes (> 500mm).

§ Yes ( 4m )

5.7 Solar Planning

§ 3 hours solar access to living  areas

§ 3 hours solar access to 40% of  private open space

§ Yes

 

§ Yes

6.3 Building Design – Dormer Windows

§ Hipped or gabled roofs.

§   Below the main roof ridgeline.

§ Predominantly glazed.

§ Vertical proportion.

§ Maximum 25% of roof 

elevation.

§ Sit above roof plane.

§ Yes

§ Yes

 

§ Yes

§ Yes

§ Yes

 

6.5 Design of Dwellings and Private Courtyards

§ Minimum 25m² courtyards.

§ Minimum dimensions 5m x 4m.

§ Yes

§ Yes

6.9 Fences and Retaining Walls

§ Maximum 1.8m high fencing 

     (2.4m on sloping sites).

§ Maximum 1.2m high fencing

     forward of building line.

§ Yes (1.8m)

 

§ Yes

 

6.10 Visual and Acoustic Privacy and Outlook

§ Minimum 3m separation

between facing windows.

§ Courtyards to have screening

measures.

§ Bedrooms designed away from

noisy rooms.

§ Active and passive living areas separated.

Each dwelling has adequate separation, dividing fences and landscaping to maintain adequate levels of privacy and acoustic amenity.

6.12 Accessibility and Adaptability

Dwellings must be capable of being accessible and adaptable for seniors and persons with a disability.

§ Yes Villa No.5

 


Ordinary Meeting

22 March 2010

A Green City

 

 

 

13

Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated)  Applicant:  North Western Surveys Pty Limited;  Owner:  Twin Creeks Properties Pty Limited    

DA09/0197

Compiled by:                Gordon Williams, 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 on Council’s assets and workplaces

       

 

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

Executive Summary

Council is in receipt of a development application for the subdivision of an existing lot into 15 residential lots ranging in size from 1500m² to 2115m². The application seeks a variation to the maximum lot density of 1 lot per 2 hectare under Penrith Local Environmental Plan No.201 (LEP 201) by way of an objection under State Environmental Planning Policy No.1 “Development Standards” (SEPP 1).  In accordance with the new reporting requirements of the Department of Planning, the matter is forwarded to Council for determination. The report recommends that the objection to the development standard be supported and the application be approved under delegation subject to the Department of Planning concurrence to the SEPP1 Objection.

Background

The subject site was original rezoned by amending LEP 201 to enable the site to be developed as a rural/residential housing estate including a golf course, golf country club and a community facility for 180 rural/residential lots. A revised Development Control Plan (DCP) according with the LEP amendment was approved for the site and adopted by Council on 3 March 2001.

 

Development Consent No.01/2722 was subsequently granted in 2003 for the Stage 1 community titled subdivision.  A number of consents have followed for the golf course and its club house, a sewage treatment plant for the development and community facilities including a meeting room, tennis courts, barbeque facilities, children’s play area and associated car parking and landscaping have been constructed.  The LEP does not set a minimum lot size. Development Consent No.08/1338 granted approval for 13 lots of 1500m² in May 2009 this where 13 lots of 4000 m² were reconfigured. This application did not exceed the overall lot density requirement of one lot per 2 hectares however for the entire site under LEP 201and was deemed suitable deemed suitable for the site.

 

Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan 2008 considered proposed amendments to the land known as Twin Creeks Estate at Luddenham. The amendments involves an increase in the overall lot yield to 285 lots and imposing a minimum lot size of 4000 m² with a reduced lot size of 1500m² in nominated areas close to the Community Facilities. This has been identified as Area 3 in Penrith Draft Local Environmental Plan 2008 (see Appendix No. 3).

 

The applicant has submitted this application prior to the gazettal of Penrith Draft Local Environmental Plan 2008 (DLEP) which permits the increase in density proposed. Given the time period estimated for gazettal of the draft LEP, the applicant has requested that the application be considered at this time due to economic pressures, hence a SEPP 1 objection to the current standard is required.

Site and Surrounds

The subject site is situated on the south western side of Medinah Avenue and is located approximately 120 meters from the intersection of Twin Creeks Drive (refer to Locality Plan at Appendix No. 1). It is 3.62 hectares in area, orientated in a north south direction and has a gentle slope from north to south across the site.

The site is currently vacant with scattered vegetation. The surrounding area is characterised by rural/residential development of lots varying in area from 1500 m² to greater than 4000 m² together with the golf course natural vegetation and landscaping.

The Proposal

Proposed is a Torrens Title subdivision of one into 15 residential lots (refer to proposed Plan of Subdivision Appendix No. 2). The proposed residential lots will have areas ranging from 1500m2 to 2115 m2 and lot widths ranging from approximately 25m to 43m. The proposed lots will be provided with vehicular access from the existing constructed road system and drainage is available to connect into the existing system.

 

The proposed lots have adequate area and flexibility for the siting of a dwelling with building envelopes greater than 500 m² which will not impact on existing vegetation. As discussed earlier, an objection under State Environmental Planning Policy No.1 - Development Standards (SEPP No.1) has been submitted with the application in regard to the lot density provision of the LEP as an average overall lot density of one dwelling per 1.6 hectares proposed instead of the 1 per 2 hectare objective.

 

The application was accompanied by:

 

- Proposed Plan of Subdivision prepared by North West Surveys dated 30 January 2008;

 

- Statement of Environmental Effects incorporating a SEPP 1 objection prepared by Urbis dated March 2009;

 

- Bushfire Assessment Report prepared by Advanced Bushfire Performance Solutions dated    February 2009.

 

 

Planning Assessment 

The development has been assessed in accordance with the relevant matters for consideration under the Environmental Planning and Assessment Act 1979, and the following relevant considerations identified:

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

Penrith Local Environmental Plan No.201 – Rural Lands (LEP 201)

The subject site is zoned 1(c) Rural-Residential under LEP201. The proposed development is defined as Torrens Title subdivision, which is permissible with the consent of Council.

 

The proposal subdivision is consistent with the zone objectives as it:

 

·    Provides for an integrated rural/residential development and is consistent with the development control plans.

·    The development is compatible with the environmental capabilities of the land.

·    The provisions for rural/residential development in Penrith which is consistent with the existing natural landscape qualities of Twin Creeks estate.

·    The development will not impact on any views from main roads and other vantage points in the locality.

·    The development will utilize the existing on site sewerage package plant to ensure that adequate provision has been made for the disposal of effluent.

·    The development will not create unreasonable demands, now or in the future, for provision or extension of public amenities or services. The development will be required to pay the necessary Section 94 contributions and provide adequate on site community facilities.

·    The development will use the existing road network and will adversely affect the safety and efficiency of the local roads system.

 

Clause 35 of LEP 201 is the enabling provision which permits the Twin Creeks development. The objectives of the Clause additional to the zone objectives are:

 

(a) to allow rural/residential development at an average density for the area of

      land to which this clause applies of not more than one dwelling per 2

      hectares; and

(b) to protect the existing vegetation, especially along creek lines and on ridges;

      and

(c) to protect localities of Aboriginal archaeological significance; and

(d) to protect downstream land from further flooding as a result of additional

      stormwater run off from the development; and

 

(e) to ensure that development of the land is consistent with the aims and

      objectives of Sydney Regional Environmental Plan No. 9 - (Extractive

            Industry) in relation to potential extractive industry in adjoining areas.

 

Clause 35 also outlines a series of criteria to be satisfied in order for Council to grant consent. These relate to the provision of services, siting of dwellings, existing flood constraints, water quality, views and rural character, compatible lot sizes, heritage and being satisfied that the

development is part of a comprehensive and integrated development proposal which includes a golf course, golf country club, community facility and other associated recreation facilities.

 

The proposed development satisfies each of the relevant objectives and development criteria of Clause 35 of the LEP with the exception of the one dwelling per two hectare density objective outlined above. The applicant has submitted an objection pursuant to State Environmental Planning Policy No.1 - Development Standards to support the variation to this current density.

 

State Environmental Planning Policy No.1-Development Standards (SEPP No1)

As previously discussed in the report Council has already given its in principle support to the increase in lot density to a maximum of 285 as part of the Draft LEP Stage 1 process.

 

The applicant has chosen to lodge an objection to the existing lot density provision in order for Council to determine the application rather than waiting for the gazettal of the Draft PLEP

2008. In support of the SEPP1 application the applicant has made the following arguments:

 

·    The site is located in an urban fringe area where there ids increased proximity and accessibility to physical and human infrastructure suitable to accommodate the needs of an increased resident population;

·    The site has no environmental or other constraints (including potential aircraft noise) that impede the ability to provide increased housing on the site;

·    The ongoing financial viability of the Twin Creeks development requires increased residential development;

·    The resident population of Twin Creeks has better access to the provision of support services to the rural residential community located to the south where there is a higher dwelling density of1 lot per hectare of site area;

·    Increase residential development can be provided on the site while maintaining the large lot, semirural character of the master planned estate;

·    Increase in density will result in more families and consequently a greater critical mass to sustain demand for new community facilities.

 

Comment:

Twin Creeks is an isolated pocket of rural residential development which was originally approved as the Luddenham Equestrian Estate. Strict design guidelines and lot limitations have been applied to the site in order to minimise its conflict with the surrounding area.  The fact that the entire estate has been master planned around the golf course has always been a significant strength, and a point of difference which justifies the increase in density from the surrounding area. Residential development within Twin Creeks is subject to strict design guidelines imposed by the developers and council.

 

The density provision are a development standard and under the provisions of SEPP1 can be varied with the concurrence of the Department of Planning.

 

The application was referred to the Department of Planning and discussions were held with Council officers regarding the application. The Department has indicated that it will further consider applications for concurrence once Council resolve its position on the variation proposed.

 

The proposed development is consistent with the relevant provisions contained in the draft PLEP2008 as they relate to the Twin Creeks Estate. 

 

The development maintains the prevailing settlement pattern as the development will almost be imperceptible in the local landscape from both adjacent road corridor and existing rural residential development to the west. 

 

A planning assessment of the proposed development reveals that although the subdivision provides lots at greater density allowed under the relevant zone provision, it is considered to still satisfy the underlying development standard and the dwelling density of the broader zone and consistent with the adopted draft PLEP2008 provisions.

 

As a result it is considered that in this circumstance strict compliance with the development standard is both unreasonable and unnecessary based on the above discussions and the imminent gazettal of Draft PLEP2008.

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

Draft Penrith Local Environmental Plan 2008 (Draft LEP 2008)

Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan 2008 considered proposed amendments to the land known as Twin Creeks Estate at Luddenham. The amendments involves an increase in the overall lot yield to 285 lots and imposing a minimum lot size of 4000 m² with a reduced lot size of 1500m² in an area close to the Community Facility.

 

In December 2009, Council sent draft LEP 2008, including the amended provisions for Twin Creeks, to the Department of Planning to be made by the Minister.

 

The proposed subdivision is consistent with the provisions of draft LEP 2008 as they relate to Twin Creeks Estate.

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan

Penrith Development Control Plan 2006 (DCP 2006)

Part 6.1 Luddenham Equestrian Estate (Twin Creeks) of the Development Control Plan sets the objectives and development requirements for Density and Allotment Design for Subdivision.

 

The proposal subdivision is consistent with the objectives and provisions contained in the DCP chapter for Twin Creeks.

 

The width and depth of the proposed lots provide suitable area for the location and siting of dwelling. So as to provide adequate setbacks and separation provided from existing dwellings in the surrounding area. The development has created its own identity with the golf course and community established and distinctive landscaping throughout the estate.

 

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

Built and Natural Environment

The existing built form is controlled by a design code for the estate any future buildings will be required to be in accordance with the code. The design code includes guidelines for landscaping so that the landscaping is consistent throughout the estate. These provisions will apply to the future buildings that will be erected on the proposed lots. The subdivision will not will not impact on the existing built or natural environment.

 

The public domain and the public/private interface

The location of future dwellings on the proposed lots will not impact on views from the surrounding roads which will ensure that the public/private interface currently associated with the site is retained.

 

Urban design matters

The design of the future dwelling will be expected to project a form that is predominantly consistent with the character of the locality. The estate has a design book that sets a standard for the build form and a review panel to ensure the estate has a compatible built form throughout. 

 

Access, traffic and transportation impacts

The proposal will have a negligible impact on the existing road network as a result of additional traffic movements generated.

 

Site management requirements

The lots will be serviced by the existing approved and operational sewage treatment system which has the capacity to accommodate the additional lots proposed. The site has access to all other necessary services subject to arrangements with the authorities.

 

Social and Economic

The additional lots created by the proposal will ensure the ongoing development of Twin Creeks. The proposed lots are appropriately situated in proximity to community facilities and such that they will not impact on the character and setting of existing established larger lots in the estate.

 

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

As mentioned, the new lots will be located close to the community facilities and complement the existing golf club resort. The site attributes are conducive to the development being a pocket within existing residential allotments. The location provides for the lot sizes proposed to be visually in keeping with the semi rural character and amenity of the area. The lots are located well within the estate and will not be visible from Luddenham Road.

 

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

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was placed on public exhibition from 18 March 2009 and 1 April 2009. Council notified ten (10) residences in the area and received no submissions in response.

The application is an Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act 1997 and was referred to NSW Rural Fire Service by the NSW Rural Fire Service. The NSW Rural Fire Service has issued a bush fire safety authority under section 100B of the Rural Fires Act1997. Should approval be granted to the development application, they will form part of the conditions of consent.

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

The proposed development will enable greater diversity and flexibility in lot area which will result in appeal to a greater sector of the housing market. The additional lots will add to the economic viability of the estate and its further establishment for existing and future residents. Assessment of the proposal has not identified any matters that would impact adversely upon any neighbouring properties in terms of potential future amenity impacts. The proposal is therefore in the public interest.

Section 94 Contributions

Section 94 contributions are applicable to the proposal for the 15 additional new lots with the City wide Plans for District Open Space, Local Open Space and Cultural Facilities. The contribution amounts are calculated on a population rate of 3 persons for each additional lot/dwelling for the Cultural Facilities Plan and 3.1 persons for each additional lot/dwelling for the District and Local Open Space Plans.

 

Facilities

Quantity

Rate

Amount

Cultural Facilities

45

$107.00

$4,815.00

District Open Space

46.5

$1619.00

$75,284.00

Local Open Space

46.5

$586.00

$27,249.00

Total

 

 

$107,348.00

Conclusion

The proposed subdivision will create 15 additional lots ranging from 1500 m2 to 2115 m2 .  The lots are in accordance with the minimum lot area and total lot yield for the estate in the Draft LEP however they will create a density greater than that prescribed under LEP 201 of 1 lot per 2 hectares. The applicant’s SEPP 1 objection to the standard is supported given the immanent gazettal of Draft LEP2008, the objectives of the zone are still achieved and that the proposed development satisfies the other development standards in the LEP. The proposed lot dimensions and configuration will be in character with development in the surrounding area. The application requesting a variation to the lot density provision in the LEP is supported in these circumstances. 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated) be received.

2.     The State Environmental Planning Policy No.1 objection to the Development Standard lot density be supported.

3.     The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions.

4.     Upon receipt of concurrence from the Department of Planning Development Application DA09/0197 at Lot 131 DP 270417 (No. 8-10) Medinah Crescent, Luddenham for Torrens Title Subdivision 15 Lots (Integrated) be determined under delegation authority as applicable at the time by the appropriate council officer.

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Subdivision Plan

1 Page

Appendix

3. View

Area 3

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Locality Map

 

 

 


Ordinary Meeting

22 March 2010

Appendix 2 - Subdivision Plan

 

 

 


Ordinary Meeting

22 March 2010

Appendix 3 - Area 3

 

 

 


Ordinary Meeting

22 March 2010

A Green City

 

 

 

14

Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision  Applicant:  North Western Surveys Pty Limited;  Owner:  Twin Creeks Properties Pty Limited    

DA09/0200

Compiled by:                Gordon Williams, 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 on Council’s assets and workplaces

       

 

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

Executive Summary

Council is in receipt of a development application for the subdivision of an existing lot into 26 residential and 2 residue lots ranging in size from 1500m² to 1973m². The application seeks a variation to the maximum lot density of 1 lot per 2 hectare under Penrith Local Environmental Plan No.201 (LEP 201) by way of an objection under State Environmental Planning Policy No.1 “Development Standards” (SEPP 1).  In accordance with the new reporting requirements of the Department of Planning, the matter is forwarded to Council for determination. The report recommends that the objection to the development standard be supported and the application be approved under delegation subject to the Department of Planning concurrence to the SEPP1 Objection.

Background

The subject site was original rezoned by amending LEP 201 to enable the site to be developed as a rural/residential housing estate including a golf course, golf country club and a community facility for 180 rural/residential lots. A revised Development Control Plan (DCP) according with the LEP amendment was approved for the site and adopted by Council on 3 March 2001.

 

Development Consent No.01/2722 was subsequently granted in 2003 for the Stage 1 community titled subdivision.  A number of consents have followed for the golf course and its club house, a sewage treatment plant for the development and community facilities including a meeting room, tennis courts, barbeque facilities, children’s play area and associated car parking and landscaping have been constructed.  The LEP does not set a minimum lot size. Development Consent No.08/1338 granted approval for 13 lots of 1500m² in May 2009 this where 13 lots of 4000 m² were reconfigured. This application did not exceed the overall lot density requirement of one lot per 2 hectares however for the entire site under LEP 201and was deemed suitable deemed suitable for the site.

 

Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan 2008 considered proposed amendments to the land known as Twin Creeks Estate at Luddenham. The amendments involves an increase in the overall lot yield to 285 lots and imposing a minimum lot size of 4000 m² with a reduced lot size of 1500m² in nominated areas close to the Community Facilities. This has been identified as Area 3 in Penrith Draft Local Environmental Plan 2008 (see Appendix No. 3).

 

The applicant has submitted this application prior to the gazettal of Penrith Draft Local Environmental Plan 2008 (DLEP) which permits the increase in density proposed. Given the time period estimated for gazettal of the draft LEP, the applicant has requested that the application be considered at this time due to economic pressures, hence a SEPP 1 objection to the current standard is required.

Site and Surrounds

The subject site is situated on the western side of Twin Creeks Drive and adjoins the golf clubhouse building, tennis courts and outdoor barbeque and children’s play areas (refer to Locality Plan at Appendix No. 1). It is located approximately 800 metres from the intersection of Twin Creeks Drive and Luddenham Road. It is 25.74 hectares in area, orientated in a north south direction and has a gentle slope to the golf course adjoining the estate to the west.

The site is currently vacant with scattered vegetation. The surrounding area is characterised by rural/residential development of lots varying in area from 1500 m² to greater than 4000 m² together with the golf course natural vegetation and landscaping.

The Proposal

Proposed is a Torrens Title subdivision of one into 26 residential lots and two residue lots (refer to proposed Plan of Subdivision Appendix No. 2). The proposed residential lots will have areas ranging from 1500m2 to 1973 m2 and lot widths ranging from approximately 25m to 51m. The proposed lots will be provided with vehicular access from the existing constructed road system and drainage is available to connect into the existing system.

 

The proposed lots have adequate area and flexibility for the siting of a dwelling with building envelopes greater than 500 m² which will not impact on existing vegetation. As discussed earlier, an objection under State Environmental Planning Policy No.1 - Development Standards (SEPP No.1) has been submitted with the application in regard to the lot density provision of the LEP as an average overall lot density of one dwelling per 1.6 hectares proposed instead of the 1 per 2 hectare objective.

 

The application was accompanied by:

 

- Proposed Plan of Subdivision prepared by North West Surveys dated 30 January 2008;

 

- Statement of Environmental Effects incorporating a SEPP 1 objection prepared by Urbis dated March 2009;

 

- Bushfire Assessment Report prepared by Advanced Bushfire Performance Solutions dated    February 2009.

 

Planning Assessment 

The development has been assessed in accordance with the relevant matters for consideration under the Environmental Planning and Assessment Act 1979, and the following relevant considerations identified:

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

Penrith Local Environmental Plan No.201 – Rural Lands (LEP 201)

The subject site is zoned 1(c) Rural-Residential under LEP201. The proposed development is defined as Torrens Title subdivision, which is permissible with the consent of Council.

 

The proposal subdivision is consistent with the zone objectives as it:

 

·    Provides for an integrated rural/residential development and is consistent with the development control plans.

·    The development is compatible with the environmental capabilities of the land.

·    The provisions for rural/residential development in Penrith which is consistent with the existing natural landscape qualities of Twin Creeks estate.

·    The development will not impact on any views from main roads and other vantage points in the locality.

·    The development will utilize the existing on site sewerage package plant to ensure that adequate provision has been made for the disposal of effluent.

·    The development will not create unreasonable demands, now or in the future, for provision or extension of public amenities or services. The development will be required to pay the necessary Section 94 contributions and provide adequate on site community facilities.

·    The development will use the existing road network and will adversely affect the safety and efficiency of the local roads system.

 

Clause 35 of LEP 201 is the enabling provision which permits the Twin Creeks development. The objectives of the Clause additional to the zone objectives are:

 

(a) to allow rural/residential development at an average density for the area of

      land to which this clause applies of not more than one dwelling per 2

      hectares; and

(b) to protect the existing vegetation, especially along creek lines and on ridges;

      and

(c) to protect localities of Aboriginal archaeological significance; and

(d) to protect downstream land from further flooding as a result of additional

      stormwater run off from the development; and

 

(e) to ensure that development of the land is consistent with the aims and

      objectives of Sydney Regional Environmental Plan No. 9 - (Extractive

            Industry) in relation to potential extractive industry in adjoining areas.

 

Clause 35 also outlines a series of criteria to be satisfied in order for Council to grant consent. These relate to the provision of services, siting of dwellings, existing flood constraints, water quality, views and rural character, compatible lot sizes, heritage and being satisfied that the

development is part of a comprehensive and integrated development proposal which includes a golf course, golf country club, community facility and other associated recreation facilities.

 

The proposed development satisfies each of the relevant objectives and development criteria of Clause 35 of the LEP with the exception of the one dwelling per two hectare density objective outlined above. The applicant has submitted an objection pursuant to State Environmental Planning Policy No.1 - Development Standards to support the variation to this current density.

 

State Environmental Planning Policy No.1-Development Standards (SEPP No1)

As previously discussed in the report Council has already given its in principle support to the increase in lot density to a maximum of 285 as part of the Draft LEP Stage 1 process.

 

The applicant has chosen to lodge an objection to the existing lot density provision in order for Council to determine the application rather than waiting for the gazettal of the Draft PLEP

2008. In support of the SEPP1 application the applicant has made the following arguments:

 

The site is located in an urban fringe area where there ids increased proximity and accessibility to physical and human infrastructure suitable to accommodate the needs of an increased resident population.

The site has no environmental or other constraints (including potential aircraft noise) that impede the ability to provide increased housing on the site

The ongoing financial viability of the Twin Creeks development requires increased residential development.

The resident population of Twin Creeks has better access to the provision of support services to the rural residential community located to the south where there is a higher dwelling density of1 lot per hectare of site area.

Increase residential development can be provided on the site while maintaining the large lot, semirural character of the master planned estate.

Increase in density will result in more families and consequently a greater critical mass to sustain demand for new community facilities.

 

Comment:

Twin Creeks is an isolated pocket of rural residential development which was originally approved as the Luddenham Equestrian Estate. Strict design guidelines and lot limitations have been applied to the site in order to minimise its conflict with the surrounding area.  The fact that the entire estate has been master planned around the golf course has always been a significant strength, and a point of difference which justifies the increase in density from the surrounding area. Residential development within Twin Creeks is subject to strict design guidelines imposed by the developers and council.

 

The density provision are a development standard and under the provisions of SEPP1 can be varied with the concurrence of the Department of Planning.

 

The application was referred to the Department of Planning and discussions were held with Council officers regarding the application. The Department has indicated that it will further consider applications for concurrence once Council resolve its position on the variation proposed.

 

The proposed development is consistent with the relevant provisions contained in the draft PLEP2008 as they relate to the Twin Creeks Estate. 

 

The development maintains the prevailing settlement pattern as the development will almost be imperceptible in the local landscape from both adjacent road corridor and existing rural residential development to the west. 

 

A planning assessment of the proposed development reveals that although the subdivision provides lots at greater density allowed under the relevant zone provision, it is considered to still satisfy the underlying development standard and the dwelling density of the broader zone and consistent with the adopted draft PLEP2008 provisions.

 

As a result it is considered that in this circumstance strict compliance with the development standard is both unreasonable and unnecessary based on the above discussions and the imminent gazettal of Draft PLEP2008.

Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

Draft Penrith Local Environmental Plan 2008 (Draft LEP 2008)

Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan 2008 considered proposed amendments to the land known as Twin Creeks Estate at Luddenham. The amendments involves an increase in the overall lot yield to 285 lots and imposing a minimum lot size of 4000 m² with a reduced lot size of 1500m² in an area close to the Community Facility.

 

In December 2009, Council sent draft LEP 2008, including the amended provisions for Twin Creeks, to the Department of Planning to be made by the Minister.

 

The proposed subdivision is consistent with the provisions of draft LEP 2008 as they relate to Twin Creeks Estate.

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan

Penrith Development Control Plan 2006 (DCP 2006)

Part 6.1 Luddenham Equestrian Estate (Twin Creeks) of the Development Control Plan sets the objectives and development requirements for Density and Allotment Design for Subdivision.

 

The proposal subdivision is consistent with the objectives and provisions contained in the DCP chapter for Twin Creeks.

 

The width and depth of the proposed lots provide suitable area for the location and siting of dwelling. So as to provide adequate setbacks and separation provided from existing dwellings in the surrounding area. The development has created its own identity with the golf course and community established and distinctive landscaping throughout the estate.

 

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

Built and Natural Environment

The existing built form is controlled by a design code for the estate any future buildings will be required to be in accordance with the code. The design code includes guidelines for landscaping so that the landscaping is consistent throughout the estate. These provisions will apply to the future buildings that will be erected on the proposed lots. The subdivision will not will not impact on the existing built or natural environment.

 

The public domain and the public/private interface

The location of future dwellings on the proposed lots will not impact on views from the surrounding roads which will ensure that the public/private interface currently associated with the site is retained.

 

Urban design matters

The design of the future dwelling will be expected to project a form that is predominantly consistent with the character of the locality. The estate has a design book that sets a standard for the build form and a review panel to ensure the estate has a compatible built form throughout. 

 

Access, traffic and transportation impacts

The proposal will have a negligible impact on the existing road network as a result of additional traffic movements generated.

 

Site management requirements

The lots will be serviced by the existing approved and operational sewage treatment system which has the capacity to accommodate the additional lots proposed. The site has access to all other necessary services subject to arrangements with the authorities.

 

Social and Economic

The additional lots created by the proposal will ensure the ongoing development of Twin Creeks. The proposed lots are appropriately situated in proximity to community facilities and such that they will not impact on the character and setting of existing established larger lots in the estate.

 

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

As mentioned, the new lots will be located close to the community facilities and complement the existing golf club resort. The site attributes are conducive to the development being a pocket within existing residential allotments. The location provides for the lot sizes proposed to be visually in keeping with the semi rural character and amenity of the area. The lots are located well within the estate and will not be visible from Luddenham Road.

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

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was placed on public exhibition from 18 March 2009 and 1 April 2009. Council notified ten (10) residences in the area and received no submissions in response.

The application is an Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act 1997 and was referred to NSW Rural Fire Service by the NSW Rural Fire Service. The NSW Rural Fire Service has issued a bush fire safety authority under section 100B of the Rural Fires Act1997. Should approval be granted to the development application, they will form part of the conditions of consent.

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

The proposed development will enable greater diversity and flexibility in lot area which will result in appeal to a greater sector of the housing market. The additional lots will add to the economic viability of the estate and its further establishment for existing and future residents. Assessment of the proposal has not identified any matters that would impact adversely upon any neighbouring properties in terms of potential future amenity impacts. The proposal is therefore in the public interest.

Section 94 Contributions

Section 94 contributions are applicable to the proposal for the 26 additional new lots with the City wide Plans for District Open Space, Local Open Space and Cultural Facilities. The contribution amounts are calculated on a population rate of 3 persons for each additional lot/dwelling for the Cultural Facilities Plan and 3.1 persons for each additional lot/dwelling for the District and Local Open Space Plans.

 

Facilities

Quantity

Rate

Amount

Cultural Facilities

78

$107.00

$8346.00

District Open Space

80.6

$1,619.00

$130,491.00

Local Open Space

80.6

$586.00

$47,232.00

Total

 

 

$186,069.00

Conclusion

The proposed subdivision will create 26 additional lots ranging from 1500 m2 to 1973 m2 and 2 residue lots.  The lots are in accordance with the minimum lot area and total lot yield for the estate in the Draft LEP however they will create a density greater than that prescribed under LEP 201 of 1 lot per 2 hectares. The applicant’s SEPP 1 objection to the standard is supported given the immanent gazettal of Draft LEP2008, the objectives of the zone are still achieved and that the proposed development satisfies the other development standards in the LEP. The proposed lot dimensions and configuration will be in character with development in the surrounding area. The application requesting a variation to the lot density provision in the LEP is supported in these circumstances. 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision be received.

2.     The State Environmental Planning Policy No.1 objection to the Development Standard for lot density be supported.

3.     The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions.

4.     Upon receipt of concurrence from the Department of Planning Development Application DA09/0200 at Lot 48 DP 270417 (No. 336-348) Luddenham Road, Luddenham for proposed 26 residential and 2 residual allotments subdivision  be determined under delegated authority as applicable at the time by the appropriate Council officer.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Subdivision Plan

1 Page

Appendix

3. View

Area 3

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Locality Map

 

 

 


Ordinary Meeting

22 March 2010

Appendix 2 - Subdivision Plan

 

 

 


Ordinary Meeting

22 March 2010

Appendix 3 - Area 3

 

 

 

 


A Liveable City

 

Item                                                                                                                                       Page

 

15      Relocation of Llandilo Rural Fire Brigade Station

 

16      Naming of Mini Field at Peppertree Oval after Bill Borg

 

17      Request for Hall Hire Fee Reduction from Nepalese Community

 

18      Tender Reference 34-09/10 for the provision of Tree Removal Services

 

19      Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010

 

 



Ordinary Meeting

22 March 2010

A Liveable City

 

 

 

15

Relocation of Llandilo Rural Fire Brigade Station   

 

Compiled by:                Laurie Cafarella, Co-ordinator Community Protection

Authorised by:             Barry Ryan, Waste and Community Protection Manager   

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: The risk from emergency events to our communities is minimised

       

 

Executive Summary

The report provides advice to Council on the status of the review of Rural Fire Service brigade stations being undertaken by the NSW Rural Fire Service and a proposal to relocate the Llandilo Rural Fire Service Brigade Station.  The report identifies a suitable site for the new brigade station and funding that has been applied for. The report recommends that Council approve in principle the relocation of the Llandilo Rural Fire Brigade Station as proposed, and also recommends that a further report be presented to Council providing an estimated cost to complete the project and an appropriate funding model.

 

Background

The NSW Rural Fire Service (RFS) is undertaking a review of RFS brigade stations within the Cumberland Zone. The issues being considered in the review of the brigade stations include the adequacy and location of existing brigade stations and numbers of staff/volunteers necessary to meet the current and future demands of the Service and urban growth in the City.

 

As Council may be aware, the RFS brigades currently operate from Council owned facilities, some of which (Orchard Hills and Berkshire Park) have been upgraded recently. However, some buildings, which are more than twenty years old, require substantial upgrading to meet contemporary RFS building specifications and standards in terms of vehicle garaging requirements and training needs for volunteers.

 

In recent discussions with NSW RFS staff, Council has been advised that volunteer numbers generally in the Zone are not increasing and brigades find it difficult to attract new members. The NSW RFS have further advised that by providing facilities and equipment that are both of a high and contemporary standard for use by the brigades, there is likely to be an increased opportunity of retaining existing volunteers and attracting and recruiting new local volunteers.

 

Current Situation

A condition audit of the brigade stations in Penrith was conducted in late December in conjunction with RFS staff. In this audit, several brigade stations in the City were identified as requiring significant building upgrades for them to meet contemporary RFS standards.

 

However, an accurate costing for the works required and the number of brigade stations to be upgraded will not be known until the review by the RFS has been finalised. This will be the subject of a further report to Council.

 

One issue of concern that has been raised with the RFS by Council staff and volunteers during the Service’s review of brigade stations is the viability of the Llandilo Brigade Station.

 

The Llandilo Brigade had plans for redevelopment of its site in 2002. The site redevelopment proposal was for the addition of a vehicle bay to the existing site. However, the size of the land was not adequate for this purpose. The Brigade sought assistance from Council and in December 2003 Council resolved to acquire an additional 160 sq m of land adjacent to the station to allow for the future addition of an additional vehicle bay. This land was acquired and partly used to accommodate a septic tank. As brigade members further developed their planning for additions and alterations to the existing brigade station, it was recognised that there were significant shortcomings with the size and location of the existing site, so the provision of the additional vehicle bay did not proceed. The recent review of brigade stations carried out by the RFS also confirmed that the Llandilo Brigade Station does not meet contemporary RFS standards in terms of access, vehicle garaging, car parking for members and training facilities.

 

Discussions have been held with Council’s Property Development Manager regarding the relocation of this brigade to a more suitable location on a Council owned property on the south-eastern corner of Ninth Avenue and The Northern Road.

 

These discussions coincided with the receipt of advice from the RFS that the brigade station would provide additional benefit to the community if it were relocated to a more strategic location.  In its advice to Council, the RFS identified the Council owned property on the south-eastern corner of Ninth Avenue and The Northern Road as the preferred location for the Llandilo Brigade. The RFS further advised that this location would provide better access to service the village of Llandilo and the outer rural areas and would provide for a rapid response to any fire events in the new regional park within the former ADI land.

 

The proposed site on the corner of Ninth Avenue and The Northern Road is affected by State Environmental Planning Policy – (Infrastructure) 2006 under which Policy the establishment of emergency services facilities (including a building or place used for the purpose of  a fire station, rural fire service) is permissible with the consent of the RFS Commissioner, as the consent authority.

 

We are currently investigating the potential to situate the new brigade station in the north-eastern portion of the site with vehicular access from Ninth Avenue. This section of the site is part of a road reserve that was made redundant when the Ninth Avenue intersection with The Northern Road was realigned. Early advice from Council’s Property Development Department indicates that this redundant road reserve may need to be acquired by Council from the Department of Lands under a road closure process.

 

Some earthworks will also be required to make this portion of the site suitable for the development proposal. A detailed site investigation will be required to provide total project costs including site earthworks, road closure/land acquisition costs and subdivision costs. 

 

Given that this site is a visually prominent major entry point into Penrith from both Castlereagh and Llandilo, the proposed building will need to be sited and constructed in a manner that will ensure that the facility will have a high visual quality, will compliment the existing landscape and ensure that the building location will not limit or restrict any further development of the site by Council.

 

Funding for a new brigade station is dependent upon the new facility complying with RFS three bay design and construction standards. In this regard, early advice from Council’s Architect indicates that construction of a brigade station to the RFS standard may cost in the order of $800,000 excluding any site earthworks, and ancillary development or land acquisition costs.

 

One source of funding available to Council for the construction of the new Llandilo Brigade Station is the annual funding received from the NSW Rural Fire Service (RFS). The process requires Council to provide an estimate of the funding required for the provision of fire fighting equipment, purchase and maintenance of vehicles, and maintenance/upgrading of brigade stations in the following year. Council is required under the provisions of the Rural Fires Act to make a contribution towards the annual RFS allocation.

 

In addition to the normal operational funding required from the RFS, an amount of $500,000 has been included in this year’s estimate bid for the relocation of the Llandilo Brigade Station. However, given the preliminary cost estimate for construction of the new brigade station, it is anticipated that there would be a funding shortfall in the order of $300,000 for the building works. Reimbursement of this amount will be sought through the NSW RFS budget estimates process.

 

Property Development Manager’s Comment

The site that has been identified for the proposed relocation of the Llandilo Rural Fire Brigade Station is at No 1042 The Northern Road, Llandilo, described as Lot 10 DP 802822 that contains an area of 9,422 square metres. This parcel of land is separated through the centre by Ninth Avenue which meets the main intersection of The Northern Road. The land located on the south-eastern side of Ninth Avenue plus land defined as roadway adjoining Lot 10 could be the most suitable position that abuts the ADI site. A plan attached to this report shows the general location of the site in dark shading.

 

Council is the owner of Lot 10 and it is classified as “Operational” land in accordance with the Local Government Act 1993 and will eventually encompass future development in conjunction with the former ADI site that will be developed by Delfin Lend Lease. Council’s land in this location on the corner of Ninth Avenue and The Northern Road is strategically located and will eventually be a dominant position and the proposed location of the RFS should be further away from the corner on part of the land that is an existing roadway that needs to be legally administered and transferred to Council as title to the land to improve the site.

 

There is no real objection to the proposed location of the RFS site on the understanding it is accommodated away from the actual T intersection with The Northern Road, with the balance of land having a future potential for other development. Further investigation will be required in terms of services, easements, subdivision, road closure and other ancillary procedures to implement the proposed location of the Llandilo Rural Fire Brigade Station provided Council is agreeable in principle as outlined in the report.

 

Financial Services Manager’s Comment

The relocation of the Llandilo RFS brigade station provides an opportunity for the facility to be upgraded to a more contemporary station that will be better equipped to service the growing needs of the surrounding area.  This relocation, to a site within Council’s property portfolio, will facilitate the existing site being sold. Initial estimates indicate that funding for the relocation can be accommodated within the annual RFS grant over the next four years.  This funding arrangement would require that an internal loan, across Council’s internal reserves, be established to address these cash flows.  The use of the RFS grant will require Council to make a contribution totalling 11.7% of the project cost.  This contribution can be provided from a combination of the sale proceeds of the existing site and Council’s annual contribution to the RFS.  Once the project cost has been finalised a further report will be provided to Council detailing the proposed funding model.

 

Conclusion

The review being undertaken by the RFS is a comprehensive one that will address the needs of the Service well into the future. Some brigade stations will most likely require extensive upgrading to meet the new brigade station standards that have been adopted by the RFS. The outcome and recommendations of this review will be the subject of a further report to Council.

 

The Llandilo Brigade Station has been identified in this review as being an important asset that would provide more benefit to the local community if it were moved to a more strategic location such as the site proposed in this report.

 

Whilst there is a significant cost involved in the proposed relocation of the Llandilo Brigade, there is an opportunity for Council to obtain funding for this purpose through the RFS annual funding process at minimal cost to Council.

 

Council’s approval of the overall concept in principle at this stage will enable the Property Development Manager to commence the necessary road closure procedure and provide an opportunity to carry out a detailed site investigation, including preparation of design plans for the development of a cost estimate for the project. 

 

When the project costing has been finalised a further report will be provided to Council identifying an appropriate funding model.

 

This report recommends that Council approve in principle the relocation of the Llandilo Rural Fire Brigade Station as proposed.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on the Relocation of Llandilo Rural Fire Brigade Station be received.

2.     Council approve, in principle, the relocation of the Llandilo Rural Fire Brigade Station as proposed in this report.

3.     A further report be presented to Council providing an estimated cost to complete the project and an appropriate funding model.

 

 

ATTACHMENTS/APPENDICES

1. View

Proposed location for new Brigade Station

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix

  


Ordinary Meeting

22 March 2010

Appendix 1 - Proposed location for new Brigade Station

 

 

 


Ordinary Meeting

22 March 2010

Appendix 2 - Site Plan

 

 

 


Ordinary Meeting

22 March 2010

A Liveable City

 

 

 

16

Naming of Mini Field at Peppertree Oval after Bill Borg   

 

Compiled by:                Lyndall Ryman, Parks Secretary

Authorised by:             John Gordon, Parks Manager 

Requested By:             Councillor Greg Davies

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: We have safe and well-maintained parks, that encourage healthy activity and community wellbeing

       

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the naming of the newly constructed mini field at Peppertree Reserve, Swallow Drive, Erskine Park as “The Bill Borg Mini Field”. The report recommends that the information be received and that Council consider naming the mini field informally.

Background

A request has been received from Councillor Greg Davies and the St Clair Comets Rugby League Club to name the mini field located at Peppertree Reserve, Swallow Drive, Erskine Park in recognition of the contribution made to the community by Bill Borg.

 

The naming of public parks and reserves can generally be undertaken in one of two ways.

 

The first of these is through the Geographical Names Board (GNB), which requires that naming proposals meet the following criteria:

 

·    The use of a person’s name for park names should normally only be given posthumously;

·    Names of Aboriginal origin or with an historical background are preferred;

·    Council agrees to the proposed name;

·    If considered appropriate, the names of eminent persons may be perpetuated, particularly those of early explorers, settlers, naturalists.

 

The second option enables Council (by Council resolution) to endorse the name of a park informally and signpost the park.

 

Given the requirement of the GNB that park names only be given posthumously, the naming of the mini field after Bill Borg needs to be undertaken informally.  

 

Proposed Name

Bill Borg has been the Secretary of the St Clair Comets Rugby League Club since 1990 and for the past 20 years has dedicated a large part of his life to encouraging children to be active members in team sports. As a long time member of the Comet’s Executive Committee, Mr Borg has been instrumental in the Club’s growth and plays a vital role in the day to day operations of one of the largest Rugby League clubs in the Penrith district with an annual playing roster of almost 700 players.

 

Mr Borg’s achievements throughout his career include:

·    2007 – Made a life member of the Penrith District Junior Rugby League Club, becoming the only non Penrith Junior Rugby League member to achieve this honour

·    2008 – Centenary of Rugby League Medal

·    2008 – Penrith City Council Sports Achievement Award for services to Rugby League

·    Mr Borg has also received an ‘ING Volunteer of the Year’ award

 

Bill has also managed to raise a family and run a successful business in the local area employing a number of staff and now he has a grandson playing for the club.

 

Mr Borg was behind the move initially to Peppertree Reserve and he has had a hand in many major improvements to the ground amenities, including canteen, change rooms improvements, fencing the fields and most recently the introduction of the new mini playing field.

 

Mr Borg is a highly respected local identity not only within the Comets but throughout the Penrith Local Government Area. It would be a fitting tribute to have the mini field named in Mr Borg’s honour as a reward for his many years of service to the community.

 

Conclusion

Given the contribution made by Bill Borg to the local sporting community of Penrith and his tireless efforts in the implementation of the new mini field at Peppertree Reserve, it is considered appropriate that the mini field be named in his honour. It is understood that the St Clair Comets Executive Committee has agreed unanimously to this proposal and Mr Borg is unaware of the request.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of Mini Field at Peppertree Oval after Bill Borg be received.

2.     Council endorse the naming of the mini field at Peppertree Reserve as the “The Bill Borg Mini Field”.

3.     A new sign reflecting the name of the mini field be installed.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Liveable City

 

 

 

17

Request for Hall Hire Fee Reduction from Nepalese Community   

 

Compiled by:                Judy Cobb, Neighbourhood Facilities Co-ordinator

Authorised by:             Yvonne Perkins, Public Domain Amenity and Safety Manager  

Requested By:             Councillor Greg Davies

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

At the Ordinary Meeting of 22 February 2010, Councillor Greg Davies asked that a report be brought back to Council regarding a request from the Nepalese Community of Western Sydney (NCOWS) Inc to waive the hall hire fees for two (2) Nepali community celebrations per year on an ongoing basis.

 

This report provides Council with details regarding NCOWS previous use of Council’s neighbourhood facilities and advice on when a framework will be developed for the assessment of future requests to waive hall hire fees.

 

The report recommends that the information contained in the report be received.

Background

Since 2005 the Nepalese Community of Western Sydney (NCOWS) Inc has approached Council with requests to waive the hall hire fees for its cultural/community celebrations.  Since March 2005, NCOWS have had seven (7) hall hires of which two (2) have been paid by Council. 

 

For each booking, a standard requirement for hall hire is a payment of a bond irrespective of how the hire fee is covered.  NCOWS is required to pay the refundable bond on all occasions.

 

Current Situation

On 20 January 2010, Council received a request from NCOWS to waive the fees for the two community celebrations currently planned for 2010.  These events include the celebration of Nepali New Year 2067 (Nepali New Year calendar) on Saturday 17 April 2010 at Harold Corr Community Hall and the Nepali Dasain Festival on Saturday 23 October 2010 at Arthur Neave Memorial Hall. 

 

On 15 February 2010, the President of NCOWS wrote to all Councillors individually requesting their support to waive the hall hire fees for the Nepali community to celebrate two functions a year on an ongoing basis.

 

The venues and dates requested by NCOWS for 2010 are available and have been tentatively booked. The cost to hire Harold Corr Community Hall for 17 April 2010 will be $400.  NCOWS will be required to pay the bond fee which is $250.

 

A review of the 2010-2011 fees and charges is currently being undertaken as part of the development of the 2010/2011 Operational Plan.  It is likely that the hire fee for the October function at Arthur Neave Memorial Hall will result in a minimal increase.

 

Conclusion

Currently there is no adopted procedure for the assessment of requests to waive hall hire fees and to date they have been addressed through Councillor Voted Works. As discussed at Council’s meeting on 22 February 2010, a report recommending a procedure to address future requests will be presented to Council at the Policy Review Committee meeting to be held on 10 May 2010.

 

In the interim, Council may wish to consider allocating Councillor Voted Works for the 17 April 2010 request for Harold Corr Hall, at a cost $400.00, and give further consideration to the request from NCOWS for the October 2010 event, following the presentation of the report to the Policy Review Committee meeting in May 2010.

 

Discussions with the NCOWS

Discussions have taken place with a representative of NCOWS advising them that this matter was being reported to Council at tonight’s meeting.

 

 

RECOMMENDATION

That the information contained in the report on Request for Hall Hire Fee Reduction from Nepalese Community be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Liveable City

 

 

 

18

Tender Reference 34-09/10 for the provision of Tree Removal Services   

 

Compiled by:                Lindsay Clarke, Parks Coordinator

Authorised by:             John Gordon, Parks Manager   

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: Council’s assets are managed to ensure risks are minimised

        

 

Executive Summary

The current Parks work program includes the removal of 250 Corymbia Maculata (Spotted Gum) trees from various streets within the Penrith Local Government Area.

 

Tenders were advertised on 9 February 2010 and closed on 2 March 2010.

 

The report advises Council of the outcome of the tender process and recommends that a Contract be awarded to Bolans Tree Service Pty Ltd.

 

All complying tenders were assessed against the evaluation criteria specified in the tender documents. A total of 8 responses were received, of these, the tender received from Advanced Arbor Services Pty Ltd was excluded from the evaluation as no prices were submitted.

 

All remaining tenderers demonstrated their capability in performing the specified works. However, the most cost effective tender was received from Bolans Tree Service Pty Ltd and are therefore recommended as the preferred Contractor for the lump sum fixed cost of $100,000 plus GST.

Background

A 5 year program for the removal of spotted gum street trees was established by Council in 2008. This is the 2nd year of the program and a number of high priority trees in various neighbourhoods throughout the Penrith LGA have been identified for removal during the 2009-2010 financial year.

 

Under normal circumstances, written quotations are generally sought for the provision of this service. However, as the extent of the program was estimated to exceed the required threshold for when public tenders are to be called, it was determined that the current project would be issued for Public Tender.

 

Tenders for the provision of Tree Removal Services for a pre-determined number of trees, based on indicative rates for the removal of these trees and the available budget, were advertised on 9 February 2010 and closed on 2 March 2010.

 

Tender Documentation

It was proposed in the Tender documents that Council would select one preferred contractor to complete the entire program.

 

The scope of Tree Removal services included the removal and stump grinding of 250 Spotted Gum street trees in the following areas.

 

Suburb                           No of Trees

Cambridge Gardens                 12

Cranebrook                             45

Werrington County                   20

Jamisontown                            37

South Penrith                            58

St Clair                                    78

 

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.

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Mal Ackerman (Supply Coordinator); Lindsay Clarke (Parks Coordinator) and Greg Butchard (Parks Superintendent).

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful Tenderers were:

·    Demonstrated ability in meeting the supply of services required

·    Compliance to specified requirements

·    Project Completion time

·    Conformance to standards

·    The rates and unit prices for the services specified

·    Environmental Management System

·    Industrial Relations

·    Occupational Health & Safety and Public Liability Management

·    Quality Control

Summary of Tenders Received

A total of 8 responses to the Tenders were received as follows

Active Tree Services

Advanced Arbor Services Pty Ltd

Bolans Tree Service Pty Ltd

Citywide Solutions Pty Ltd

Plateau Tree Service Pty Ltd

Sydney Metro Tree Services Pty Ltd

Top Cut Tree Services

Utility Services Corporation

 

The tender received from Advanced Arbor Services Pty Ltd did not include any prices and was therefore not given any further consideration.

 

 

Criteria Evaluation

Following the evaluation of the remaining 7 tenders the Tender Evaluation Committee determined that all remaining tenderers demonstrated their capability and compliance with each of the evaluation criteria.

All tenderers were deemed to have the capacity and capability in carrying out the proposed works.

Price Evaluation

The table below lists the tenderers in order from lowest to highest. All tendered amounts exclude GST.

 

Tendering Entity

Total $ Ex- Gst

Bolans Tree Service Pty Ltd

$100,000.00

Utility Services Corporation

$156,811.71

Top Cut Tree Services

$183,500.00

Plateau Tree Service Pty Ltd

$190,048.00

Sydney Metro Tree Services Pty Ltd

$199,900.00

Active Tree Services

$209,200.00

Citywide Solutions Pty Ltd

$279,202.80

 

 

Based on the compliance and costs rankings, the tender received from Bolans Tree Service Pty Ltd is recommended by the Evaluation Committee as the preferred Contractor.

 

Whilst their tender price appears very low when compared to the other submissions received, upon contacting the company’s General Manager we were assured that the Company fully understands the scope of requirements, are capable of performing all of the specified services and that each of the work sites were fully inspected prior to submitting their tender.

 

Bolans Tree Service Pty Ltd

The Company is based in Berowra and have been established for over 15 years providing Arborist Services. They have a wide range of equipment including their own Crane, Stump Grinders, large capacity chippers and Trucks to satisfactorily meet all of the tender requirements. The Company employ 24 staff and have performed the same type of work for a number of Local Government Councils including; Ku-ring-gai Municipal Council, Hornsby Council, Wyong Shire Council and Gosford City Council, Newcastle City Council and Port Stephens Council. The Company is also Quality Certified to ISO 9001.

 

The Company has an Enterprise Agreement in place and pays its staff in accordance with this agreement.

 

Referee Checks

Referee checks have been carried out with three Councils where Bolans Tree Service Pty Ltd  has completed high value contracts.

 

Newcastle City Council - Approximately $150,000 per annum since 2001

Port Stephens Council - Approximately $250,000 per annum since 2004

Wyong Shire Council - Approximately $120,000 per annum since 1998

 

All referees gave very positive feedback regarding this Company. None had experienced any problems with the contracts completed. All rated the Company reliable with a very good safety record especially when working on busy roads with traffic control and working near power lines.

 

Bolans Tree Service was rated much higher by Wyong Shire Council for emergency response than it was rated by Port Stephens Council. This is understandable given the Company is based in Berowra.

 

According to the referees, each Council will continue to use Bolans Tree Service for future contracts subject to price.

 

Based on the referee checks, price submitted and a review of the documentation submitted by other tenderers, there was no advantage to Council further considering any of the tenders other than the one submitted by Bolans Tree Service.

 

Tender Advisory Group Comments

The Council’s Group Manager ~ Legal and Governance and the Acting Executive Officer met to discuss the Tender Report and were of the opinion that the methodologies, assessment and recommendation made was sound.

 

Financial Services Manager Comments

The tender submitted by Bolans Tree Service Pty Ltd of $100,000 represents significant value for money.  This tender can be accommodated within the budget allocation for the tree replacement program in the 2009-10 Operational Plan. Reference checks carried out indicated no adverse findings and that Bolans Tree Service will have the capacity to complete the tendered works.  Once the 2009-10 program has been completed it is recommended that any savings be carried forward to partly fund the 2010-11 tree replacement program.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 34-09/10 for the provision of Tree Removal Services be received.

2.     A Contract be awarded to Bolans Tree Service Pty Ltd for the lump sum fixed price $100,000 plus GST to complete the works program for the removal of 250 spotted gum street trees as specified.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

22 March 2010

A Liveable City

 

 

 

19

Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010   

 

Compiled by:                Michael Alderton, Road Network Services Engineer

Authorised by:             David Yee, Acting Design and Technical Advice 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

The purpose of this report is to consider the Traffic Management Plan for the Athletic Association of the Great Public Schools (AAGPS) Head of the River to be held at the Sydney International Regatta Centre (SIRC) on Saturday, 27 March 2010. The report recommends that the Traffic Management plan be endorsed.

Background

Council has received a request from the Sydney International Regatta Centre (SIRC) for approval to hold the Athletic Association of the Great Public Schools (AAGPS) NSW Head of the River event on the morning of Saturday, 27 March 2010 (10:00am–12:15pm).  This rowing competition is a significant historic event on the calendar of some schools in NSW, such as Newington College, the Kings School, Shore School, Sydney Grammar School, St Josephs College, Scots College, St Ignatius College (Riverview), and Sydney High School. 

 

The event has been held annually on the Nepean River in Penrith for decades, however since the construction of SIRC, the event has been held there for the past six years. 

 

Due to the timing of the event and the submission of the Traffic Management Plan by the event organiser, this event was not referred to the Local Traffic Committee as in previous years, however the organiser has still been in discussions with NSW Police and the Roads and Traffic Authority (RTA).

Current Situation

The AAGPS event is conducted totally within the grounds of the SIRC, and is expected to attract up to 18,000 patrons, predominantly high school students and associated family members from the eight participating schools.  It is anticipated that there will be approximately 1,500 cars and up to 150 charter buses conveying patrons to the event, with all vehicles (subject to suitable weather conditions) being accommodated on site.

 

There are a number of key agencies that have been involved in the planning and implementation of this event, including:

 

·    The event organiser, AAGPS Rowing Convenor, who is responsible for all operations involved with competition management, as well as catering to the VIPs.

·    The Venue Manager of SIRC, Department of the Arts, Sport and Recreation (NSWSR), who is in charge of co-ordinating all traffic and emergency services on-site for the day.  The SIRC has also arranged for placement of Variable Message Boards (VMS), amendments to the Roads and Traffic Authority signage along Old Castlereagh Road, and placement of signage on-site to aid in directing vehicles and pedestrians.  The SIRC is also in charge of all site organisation and administration, including event staff, co-ordinating parking and route maintenance.

·    Penrith Police, who have been involved in the planning of the event, and will assist with traffic during ingress and egress.  Highway Patrol will be located at the roundabout on Old Castlereagh Road/Andrews Road, as well as monitoring traffic along main roads such as Mulgoa Road, The Northern Road and Old Castlereagh Road.  In addition, there will be 22 police officers on-site including Pushbike Police and General Duties Police.

·    The RTA, who will be responsible for monitoring traffic on both Mulgoa Road and The Northern Road.  This is especially significant during the peak traffic movement hours of 8:00am to 10:00am, and 12:00pm to 1:30pm.  All ingress traffic will be directed to utilise The Northern Rd, while egress traffic will use both The Northern Road and Mulgoa Road.

 

The intended main ingress route for the majority of patrons will be via the M4 motorway, exiting via The Northern Road and turning left at Andrews Road, proceeding through the roundabout and onto Old Castlereagh Road.  Buses, and those vehicles with parking permits or accessibility passes, will enter the Regatta Centre through Gate A, with all other general entry through Gate B and Gate C.  Police will direct patrons to Gate B if delays are experienced at Gate C.  Gate D may be opened for ingress to relieve pressure off the external roads or if the venue fills.

 

During egress for the AAGPS, the full width of the internal roads will be used and only Gate C will be opened for vehicles to turn left onto Old Castlereagh Road.  Buses will be directed out of Gate A. 

 

Parking

There will be sufficient on-site parking for all vehicles, including buses.  Buses will park in parking area P3/P4 and spectators will be in P5, P6 and P7, if required.  Those with parking permits, such as officials, event managers and staff, as well as those with mobility Parking Permits, will be parked in P1.

 

Emergency vehicles will have full access and parking wherever required.  An emergency plan has been developed so that if access along Old Castlereagh Road is not available, they may gain access off Cranebrook Road and through Gate E.

 

In the case of inclement weather in the week leading up to the event, a decision will be made by the Venue Management as to whether parking will be on-site or at a contingency location.  If the state of the grass carparks within the venue is such that parking will not be permissible, an alternative plan will be made on the morning of Wednesday, 24 March 2010.

 

The wet weather contingency parking will allow the first 800 vehicles to park at the venue in addition to 150 buses and 200 vehicle permit holders. The remaining vehicles will be directed to the Penrith Whitewater Stadium (PWS) and the carpark on the northern side of Penrith Railway Station.  SIRC traffic marshals would be deployed to this location to direct vehicles and pedestrians.  If this is required, ten buses will be organised to run a continuous shuttle service between the venue (SIRC) and the off site parking.  In addition to this, the four internal shuttle buses, planned to transport patrons around the SIRC, will also be diverted to this route.

 

If the parking at the SIRC were to reach capacity, vehicles would be directed to the carparks as outlined above, however over the past ten years, overflow parking has not been required.

 

Advertising Traffic Management Arrangements

As there are no alterations to normal traffic arrangements, such as road closures, for this event, there is no need for advertisements to be placed in the local press.  Suggested traffic routes have been outlined to the participating school groups prior to the event, and will appear in the event program that is distributed to visitors on the day.

 

A number of VMS have been arranged for the day.  There will be a VMS located at the roundabout on Old Castlereagh Road providing directions to which gate patrons need to enter, and informing them of a $10 parking fee.  This VMS will be utilised should there be a need to direct patrons to the contingency parking location. Another VMS will be located on Andrews Road, facing eastbound traffic.  The purpose of this VMS will be to encourage bus drivers to utilise the left bus turning lane from Andrews Road to The Northern Road.  This VMS will be moved to the southern side of Coreen Avenue on The Northern Road should the contingency parking be required.  If the contingency parking is activated in the week preceding the event, an additional VMS will be arranged for the southern side of the Museum of Fire on Mulgoa Road. In addition a VMS will be located on Old Castlereagh Road between Gate D and C providing information to buses.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Athletic Association of the Great Public Schools NSW Head of the River - Saturday, 27 March 2010 be received.

2.     The Transport Management Plan for the event be endorsed.

3.     The Sydney International Regatta Centre submit the Transport Management Plan for the event to the Roads and Traffic Authority for approval prior to the event.

4.     The applicant be advised of 2 and 3 above.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

A Vibrant City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                       Page

 

20      Proposed membership of Council's Waste Services Committee

 

 



Ordinary Meeting - Urgent Report

22 March 2010

A Leading City

 

 

 

20

Proposed membership of Council's Waste Services Committee   

 

Compiled by:                Glenn Schuil, Acting Executive Officer

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

       

 

Executive Summary

At an Extraordinary Council Meeting held on 15 February 2010, Council resolved to establish a Waste Services Committee which would include four (4) community members.

 

The proposed membership of the Committee was discussed at the inaugural meeting of the Waste Services Committee on 24 February 2010. At the meeting, it was agreed that an advertisement would be placed in a local newspaper calling for four nominations from members of the public to join the Committee. Nominations closed on 15 March 2010 and eleven (11) nominations were received.

 

At the Waste Services Committee Meeting it was also agreed that a sub-Committee of the Committee should be formed comprising the Mayor, Councillor Kevin Crameri OAM and Councillors Ross Fowler OAM, Tanya Davies and John Thain. The sub-Committee’s purpose would be to review the nominations received from members of the community, and make a recommendation to Council’s Ordinary Meeting on 22 March 2010 on the proposed four community members.

 

This report recommends that Patricia Ryan; Trevor Robey; Andrew Wilcox and John Kliese be appointed as community members on the Council’s Waste Services Committee. The report also recommends that in the event that one or more of the nominated representatives declines their nomination that a reserve list be established with an order of preference as follows; Dianne Darlington and Gina Thomas.

 

The report also seeks nominations from Councillors to be members of the Waste Services Committee.

 

Current Position

The Mayor, Councillor Kevin Crameri OAM, and Councillors Ross Fowler OAM, Tanya Davies and John Thain discussed the applications received from the following persons to be members of the Waste Services Committee: Trevor Robey, Andrew Wilcox, John Kliese, Patricia Ryan, Ian Macgregor, Janelle Bissaker- Downs, Fidan Erdogan, Dianne Darlington, Susan Day, Anthony Robinson and Gina Thomas.

The members of the Sub-committee of the Waste Services Committee considered the assessment criteria and the responses made in the applications received, and were of the opinion that the following four applications should be endorsed by Council to be members on Council’s Waste Services Committee: Patricia Ryan; Andrew Wilcox; Trevor Robey and John Kliese. In addition, the sub-Committee agreed that in the event that a nominated representative declines their nomination that a reserve list be established with an order of preference as follows: Dianne Darlington and Gina Thomas.

In addition to the proposed four members from the community, the Waste Services Committee also agreed that the Council would nominate Councillors to be on the Committee.

Once a decision is made on the number of Councillor representatives to be on the Committee, then administratively there will be certainty as to the quorum required for future Waste Services Committee Meetings.

Conclusion

The Waste Services Committee agreed that the next meeting of the Committee would be held on Thursday 25 March 2010 at 7.00pm. If Council agrees with the recommendations of the sub-Committee of the Waste Services Committee for the appointment of the four community representatives, a letter will be issued to those persons advising them of Council’s decision and requesting their attendance at the next Waste Services Committee on 25 March 2010.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed membership of Council's Waste Services Committee be received.

2.     The Council endorses the applications from Patricia Ryan, Andrew Wilcox, Trevor Robey and John Kliese to be community members on the Waste Services Committee; and that a reserve list with an order of preference of  Dianne Darlington and Gina Thomas be established in the event that a nominated representative declines their nomination.

3.     The Council send a letter of appreciation to all unsuccessful applicants that nominated to be a member on the Waste Services Committee.

4.     Councillors nominate for membership to the Waste Services Committee.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday March 22 2010

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                          1

 

2        Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre

 

3        Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct

 

 


Ordinary Meeting

22 March 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        Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre

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

 

3        Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct

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.

 

 

 


 

 

 

 

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