14 April 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 19 April 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 March 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

Penrith Press Article of 26 March 2010.

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Waste Services Committee Meeting - 25 March 2010.

Policy Review Committee Meeting - 29 March 2010.

Local Traffic Committee Meeting - 12 April 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 19 April 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

 

 

NOTICES OF MOTION

 

 

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 MARCH 2010 AT 7:37PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies (arrived at 8:05 pm), Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

 

APOLOGIES

58  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow that the apology be accepted for Councillor Jim Aitken OAM, and that an apology be accepted from Councillor Mark Davies for his late arrival at the meeting.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 February 2010

59  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc that the minutes of the Ordinary Meeting of 22 February 2010 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor, Councillor Kevin Crameri OAM, declared a Non-Pecuniary Interest – Significant in Item 15 – Relocation of Llandilo Rural Fire Brigade Station, as he is a Deputy Captain of this Brigade.  Councillor Crameri stated that he would vacate the Chair during consideration of and voting on this matter.

 

 

 

 

 

 

 

Mayoral Minutes

 

1        The passing of Alf Randell OAM

Councillors Greg Davies, Jackie Greenow, John Thain and Ross Fowler OAM responded to the Mayoral Minute.

 

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

            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.

 

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

Councillors Ross Fowler OAM, Kath Presdee, John Thain, Greg Davies, Tanya Davies and Jackie Greenow responded to the Mayoral Minute.

         

61  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Cr Karen McKeown re-elected as Australian Local Government Women's Association NSW Branch President be received.

 

3        Council staff response to emergency situation

Councillor Mark Davies arrived at the meeting, the time being 8:05 pm.

Councillor John Thain acknowledged the efforts of Council staff in response to a fire at Dunheved Road, St Marys on 20 March 2010.

 

62  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the Mayoral Minute on Council staff response to emergency situation be received.

 

Reports of Committees

 

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

63  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Robert Ardill that the Recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 February, 2010 be adopted.

 

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

64  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 March, 2010 be adopted.

 

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

65  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Prue Guillaume that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 March, 2010, wit the exception of Item 2 – Waterside Estate – Acoustic Buffer,  be adopted.

 

Report and Recommendations of the Policy Review Committee Meeting held on 8 March 2010 – Item 2 – Waterside Estate – Acoustic Buffer

 

66  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Karen McKeown that the recommendation contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 March, 2010, in relation to Item 2 – Waterside Estate – Acoustic Buffer, be adopted.

 

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 Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc                          

 

Councillor Kevin Crameri OAM

 

 

 

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

67  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marko Malkoc 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

 

A Leading City

 

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

68  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch

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.

 

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

69  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch

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.

 

4        2009-10 Borrowing Program                                                                                              

70  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch

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.

 

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

71  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Ben Goldfinch

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.

 

 

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

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

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 Councillor Ross Fowler OAM as its voting delegate for the 2010 National General Assembly of Local Government.

3.     Council nominate Councillors Jim Aitken OAM, Marko Malkoc and Karen McKeown to 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.

 

 

 

 

20      Proposed membership of Council's Waste Services Committee                                     

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

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 Marko Malkoc, Tanya Davies, Greg Davies, Kath Presdee and His Worship the Mayor, Kevin Crameri OAM be appointed as members to the Waste Services Committee.

 

 

A City of Opportunities

 

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

74  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the information contained in the report on Community Assistance Program Rolling Component - Projects Approved Under Delegation - July - December 2009 be received.

 

7        Grant Applications - Positive Ageing and St Marys Kitchen                                           

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

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.

 

 

 

 

 

 

 

 

 

A Green City

 

8        Housing NSW Green Street Program                                                                               

76  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Robert Ardill

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.

 

9        Three successful environmental grants                                                                             

77  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM

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.

4.     Council write to the relevant Ministers thanking them for the grants provided, and also to the Local Members thanking them for their support in obtaining these grants.

 

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

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

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.

 

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  

79  RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Tanya Davies

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.

3.     A separate report be presented to Council outlining the form of playing fields intended to be included in Glenmore Park Stage 2 Release Area, including details of Council’s ongoing asset management.

 

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 Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc                          

 

Councillor Kevin Crameri OAM

 

 

 

 

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

80  RESOLVED on the MOTION of Councillor Kaylene Allison seconded Councillor Marko Malkoc

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.

 

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 Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc                          

 

Councillor Kevin Crameri OAM

 

 

 

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

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

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.

 

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 Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc                          

 

Councillor Kevin Crameri OAM

 

 

 

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

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

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.

 

 

 

 

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 Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc                          

 

Councillor Kevin Crameri OAM

 

 

 

A Liveable City

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 15, His Worship the Mayor, Councillor Kevin Crameri OAM vacated the Chair and left the meeting, the time being 8:22 pm

 

The Deputy Mayor, Councillor Ross Fowler OAM then took the Chair for consideration of Item 15.

 

15      Relocation of Llandilo Rural Fire Brigade Station                                                           

83  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor John Thain

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.

4.     Investigations be carried out to ascertain the possibility of partnerships with local industries in providing materials for this Brigade Station.

 

The Deputy Mayor, Councillor Ross Fowler OAM then vacated the Chair and His Worship the Mayor, Councillor Kevin Crameri OAM returned to the Chair, the time being 8:24 pm.

 

 

 

16      Naming of Mini Field at Peppertree Oval after Bill Borg                                                

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

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 (with appropriate formalities).

 

17      Request for Hall Hire Fee Reduction from Nepalese Community                                  

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

That:

 1.    The information contained in the report on Request for Hall Hire Fee Reduction from Nepalese Community be received.

 2.    Council allocate $400, in equal amounts, from each Ward’s voted works, to the cost of hiring Harold Corr Hall, to enable celebrations for Nepali New Year.

 3.    The report to be presented to the Policy Review Committee meeting of 10 May 2010 include guidelines and details on what other funding opportunities  may be available in order to address similar requests for funding.

 

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

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

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.

 

 

 

 

 

 

 

 

 

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

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

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.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Seventh Avenue, Llandilo - Footpath and Kerb Extension                                     

Councillor Ross Fowler OAM requested that an amount of $18,610 be allocated from North Ward voted works towards extending the existing kerb and gutter and footpath in the vicinity of Llandilo Primary School in Seventh Avenue, Llandilo.

His Worship the Mayor, Councillor Kevin Crameri OAM, declared a Non-Pecuniary Conflict of Interest – Less Than Significant in this item given that he is a long-term resident of the area.

 

88  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the matter be brought forward and dealt with as an urgent matter.

 

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

 

 

89  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that an amount of $18,610 be allocated from North Ward voted works towards extending the existing kerb and gutter and footpath in the vicinity of Llandilo Primary School in Seventh Avenue, Llandilo.

 

 

QWN 2      Amenities Block - Rugby League Grounds at Kingsway, St Marys                      

Councillor Jackie Greenow requested that an amount of $2,900 be allocated equally from each Ward’s voted works to provide tiling in the toilets at the Rugby League Grounds at Kingsway, St Marys.

 

90  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc 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.

 

91  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that an amount of $2,900 be allocated equally from each Ward’s voted works to provide tiling in the toilets at the Rugby League Grounds at Kingsway, St Marys.

 

QWN 3      Penrith Panthers BMX Club                                                                                    

Councillor Prue Guillaume requested that a comprehensive report be presented to the next Ordinary Meeting of Council, investigating ways that the Penrith Panthers BMX Club can be supported to obtain adequate lighting and canteen facilities for their grounds at Blair Oval, with this report to include all available grants and options for relocating the facility.

 

QWN 4      Trimming of trees near power lines                                                                         

Councillor Prue Guillaume requested a memo reply addressing the cutting of trees next to Integral Energy lines, due to reports of the middle of trees being cut out.

 

QWN 5      Andrews Road – Sporting Facility                                                                            

Councillor Greg Davies requested a memo reply concerning the status of the toilets and dressing sheds at the Andrews Road sporting facility.

 

QWN 6      Dunheved Industrial Estate – Link Road                                                                

Councillor Ross Fowler OAM requested a report to Council concerning progress with discussions with Delfin Lend Lease in respect of Link Road, Dunheved, and that Council write to the Minister for Planning, raising concerns at the limited access to the Dunheved Industrial Estate.

 

QWN 7      Masterplan for Dunheved Industrial Estate                                                           

Councillor Mark Davies had previously called for a report on the preparation of a Masterplan for the Dunheved Industrial Estate and requested a report to update progress made with the Masterplan.

 

Committee of the Whole

 

92 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:42 pm.

 

 

 

 

 

1        Presence of the Public

 

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

 

 

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.

 

 

The meeting resumed at 8:45 pm and the General Manager reported that the Committee of the Whole met at 8:42 pm on 22 March 2010, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre                                                                                                                                             

RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown

CW2 That:

1.     The information contained in the report on Commercial Matter - Assignment of Lease of Shop 4 at Cranebrook Village Shopping Centre be received.

2.     Council grant an assignment of lease from Luxinvest Pty Ltd to Sen Khun & Boyanmolika Kong over Shop 4 at Cranebrook Village Shopping in accordance with the terms and conditions outlined in the report.

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

 

3        Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct                                                                                                                   

RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

CW3 That:

1.     The information contained in the report on Council Property - Leasing of Coffee Shop/General Store within the Glenmore Park Child & Family Precinct be received.

2.     Council grant a 10 year Lease with a 5 year option to Dean James McAlister 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.

 

 

ADOPTION OF Committee of the Whole

 

93  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:46 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

It should be noted that 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


Notices Of Motion

 

Item                                                                                                                                       Page

 

1        Penrith Press Article of 26 March 2010

 

 



Ordinary Meeting

19 April 2010

A Leading City

 

1          Notice of Motion

Penrith Press Article of 26 March 2010               

 

 

 

Councillor Greg Davies TO MOVE:

 

That an urgent report be brought to the next full meeting of Council addressing the following questions arising from the front page article that appeared in the Penrith Press 26 March 2010:

 

1.       Who arranged the interview for the article and why?

2.       Was there any liaison with Council media officers prior to the interview?

3.       Are the statements attributed to the Mayor correct?

4.       Has the Mayor been privy to private briefings re the budget that other Councillors have not?

5.       Are the comments “Pools are at great risk” and “We have to start opening later and closing earlier” correct?

6.       If so, why was that not raised at the recent budget briefing.

7.       Has the confidentiality of the Councillor budget briefing been compromised?

8.       What action is to be taken to rectify the situation and to alleviate the fears generated in the eyes of the staff and the community?

 

 

 

 

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Waste Services Committee Meeting held on 25 March 2010

 

2        Report and Recommendations of the Policy Review Committee Meeting of 29 March 2010

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 12 April 2010

 

 



Ordinary Meeting

19 April 2010

A Green City

 

REPORT AND RECOMMENDATIONS OF THE
 Waste Services Committee MEETING

HELD ON 25 March, 2010

 

 

 

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Greg Davies (arrived at 7.13 pm), Tanya Davies, Ross Fowler OAM, Marko Malkoc (arrived at 7.12 pm) , Kath Presdee, and community representatives John Kliese, Trevor Robey, Patricia Ryan and Andrew Wilcox.

 

IN ATTENDANCE

 

Alan Stoneham - General Manager, Barry Husking - Director/Chief Financial Officer, Vicki O’Kelly - Group Manager Finance, David Burns - Group Manager - City Presentation, Barry Ryan - Waste & Community Protection Manager, Geoff Brown - Waste Services Coordinator, Brian Steffen - Group Manager Information & Customer Relations, Emma Whale - Communications Officer, Carl Spears - Media Liaison Officer, Stephen Britten - Legal & Governance Manager, Glenn Schuil – Acting Executive Officer.

 

 

APOLOGIES

There were no apologies. 

 

 

The Mayor, Councillor Kevin Crameri OAM opened the meeting at 7.05pm by welcoming the community representatives - John Kliese, Trevor Robey, Patricia Ryan and Andrew Wilcox and thanking them for nominating to be on this Committee.  Councillor Crameri then introduced Councillors and staff present at the Meeting to the community representatives.

 

 

CONFIRMATION OF MINUTES - Waste Services Committee Meeting - 24 February 2010

The minutes of the Waste Services Committee Meeting of 24 February 2010 were confirmed.

 

 

Councillor Tanya Davies queried a statement made in the Business Paper for the Meeting that the Terms of Reference for the Committee would be presented at Council’s Ordinary Meeting of 22 March 2010 for adoption. Councillor Tanya Davies advised that the Terms of Reference were not included in the Minutes of the Waste Services Committee held on 25 February 2010. David Burns advised that the Terms of Reference were discussed at the previous Meeting and that they would be discussed again tonight and included in the Minutes of today’s Meeting.

 

Councillor Marko Malkoc arrived at the Meeting, the time being 7.12pm.

 

David Burns tabled and discussed the Terms of Reference for the Waste Services Committee and advised that they will be included in the minutes of today’s meeting.

 

Councillor Kath Presdee queried the issue of medical waste from the initial meeting.  David Burns advised that this is covered in 1 of the Terms of Reference and that e-waste and polystyrene packaging had also been added.

 

There was discussion on the list of recommendations and Cr Tanya Davies suggested that for clarity they be included in Item 1 so that they are kept together.

 

 

Terms of Reference for the Committee

 

 

1.   To oversee and endorse reports to the Council on the implementation of the recommendations emanating from the Council Meeting of 15 February 2010.

 

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

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

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

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

§ Reviewing the design of the bin lids

§ Enhancing the communication and education program to the community

§ Odour control and the use of suitable insecticide products

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

§ To investigate options for the collection of medical waste, e-waste and foam packaging.

 

2.   To review and consider enhancements to the waste services currently delivered to both the rural and multi unit development.

 

3.   To review waste disposal and resource recovery initiatives in the commercial and industrial sectors within the Council’s area.

 

4.   To review waste disposal and resource initiatives in public places within the Penrith LGA.

 

 

 

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

A Green City

 

1   Waste Management Services                                                                                               

Barry Ryan spoke to the report and provided an update to the Committee members on where the Council is up to.

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

Barry Ryan advised as follows:-

·    Letters were sent to all residents on the 3 bin service on 4 March 2010 and weekly services commenced on 15 March 2010.

·    A bin stickering program has been implemented for identifying those bins that are on the weekly service.

·    Council has received approximately 2,360 notifications for requests for a weekly red lid bin service, in addition to those weekly services already being provided; and approximately 2,000 letters have been sent out giving details on the commencement of the weekly service.

Councillor Greg Davies arrived at the Meeting, the time being 7.16pm.

Councillor Tanya Davies queried the percentage of ratepayers requesting a weekly service and was advised that it is approximately 5-6%.

John Kliese queried if a tenant could pay Council directly for the extra cost to have a weekly service if an owner did not want to allow for this service for their tenant.  Vicki O’Kelly advised that Council was looking at this option but was only aware of one issue of this being a problem for a tenant.

The Mayor, Councillor Kevin Crameri OAM raised the process of advising ratepayers of the charges for differing service options that will come into effect from 1 July 2010.  It was suggested that this be provided annually and would be a chance for ratepayers to review their options at this time as their personal circumstances may have changed. 

Vicki O’Kelly advised that flyers could go out with the rates notice providing this information and that new fees and charges are advertised and are on public exhibition before being adopted by Council. Additionally, the meeting was advised that information could also be included in Council’s newsletter that goes out with the rates notice and in the Mayor’s column in local newspapers.

Patricia Ryan suggested that the waste services collections fridge calendar should be larger so that it is easier to read.

 

 

 

Provision of biodegradable bags in accordance with AS 4736 (for the kitchen organics bin) for the storage of food waste prior to placement in the organics bin be provided to all households using the three bin system

Barry Ryan discussed biodegradable bags and tabled as an example a package of bags (that comply with Australian Standard 4736) that included an A5 size information sheet.

The meeting discussed an appropriate name for the bags such as kitchen organics bin bag. 

The meeting discussed the number of bags to be provided (3 per week per household) and there was recognition that some households may need more bags and some may need less. On this matter, the meeting was advised that an order has been placed for a 3 month supply of bags, and that additional bags will be available to the community at no additional cost.

The meeting was also advised that delivery of the bags has been delayed (now due mid-May 2010) due to toxicity tests being undertaken on the ink and colour to be used on the bags.

Provision of an optional additional yellow lid recycle bin (fortnightly collection) or other workable alternative be provided at a reduced cost for residents on the three bin waste service

Barry Ryan discussed the provision of optional additional recycling services and advised that negotiations are continuing with Visy on this issue.

A 360 litre recycling bin was displayed and Barry Ryan discussed the cost implications of changing vehicle lifters to empty this size of bin.  Apart from the cost the meeting was advised that there are implications for a possible future roll-out of 140L recycling bins for those people who have requested such a service because if the lifters were changed they could only pick up 360L or 240L bins.  At this stage, the meeting was advised that on-going negotiations with Visy would concentrate on the provision of an optional second fortnightly recycling bin at cost.

David Burns advised that future education messages on recycling will include the message that crushing items will allow more items to fit into the recycling bin.

Reviewing the design of the bin lids

Barry Ryan discussed the findings of the bin lid audit that was undertaken.

Councillor Greg Davies left the meeting, the time being 7.59pm.

Councillor Greg Davies returned to the meeting, the time being 8.00pm.

There was discussion on the age of some of the organics bins; the need for their replacement and for a replacement program for old bins to be developed.

Odour control and the use of suitable insecticide products

Barry Ryan discussed the insecticide product “Bin Kill” and advised that he had requested a risk assessment on the product to further inform the Committee.

Investigating the option of providing additional collection services at Christmas time

Barry Ryan advised the meeting that he has had discussions with Visy about the possible provision of extra recycling services over the Christmas/New Year period. 

 

 

Councillor Greg Davies suggested that Council should investigate the provision of supervised recycling drop off points in strategic locations throughout the City during the busy Christmas/New Year and Easter periods.

Investigate options for the collection of medical waste and e-waste

David Burns advised that there had been no progress made to-date with the investigation of options for the collection of medical waste and e-waste.

The household chemical collection program provided by the Department of Environment Climate Change & Water was discussed, including the possibility of such a program being expanded to include e-waste.

Enhancing the communication and education program to the community

Brian Steffen gave an overview of the enhanced communication and education program and confirmed the need for an increase in the budget to provide for an on-going educational program.

The provision of education packs being provided to schools was discussed as well as the education that has been provided to schools to-date. Barry Ryan advised that all schools in the Penrith LGA have been invited to participate in waste education. 

Patricia Ryan advised the meeting that the Department of Education has declared this year as the year of sustainability and suggested that posters on sustainability should be sent to all schools.

Barry Ryan advised the meeting that investigations are being undertaken on recycling in public places. Additionally, research is being conducted on contamination levels where this service is provided. 

Contamination management

Barry Ryan discussed the delay of the commencement (at Council’s request) of Sita’s contamination management program.  The meeting was advised that contractual issues about the contamination management program will be presented to the next Council’s Ordinary Meeting Committee of the Whole.

Barry Ryan advised the meeting of the proposed notification system to residents and further education that will be provided with the implementation of this new system.

Councillor Tanya Davies queried the strategy for informing people of non-English speaking backgrounds on the proposed notification system. Brian Steffen advised the meeting that staff are working closely with staff from the Council’s Cultural and Community Development Department on strategies to provide translations for NESB.

Councillor Ross Fowler OAM suggested that there should be a reward for residents who are doing the right thing with recycling.  Brian Steffen advised that staff are looking at incentives that can be implemented.

Councillor Greg Davies suggested that the contamination management program should not commence until after the roll-out of the organics kitchen tidy bin bags.  David Burns advised that there were contractual issues associated with this matter and that these matters would be reported to an Ordinary Meeting of Council.

 

 

Barry Ryan discussed the topic of gross contamination where an organics bin had its lid up with plastic bags overflowing. Barry Ryan advised that if this bin was picked up it would send the wrong message out to the community. In this situation the bin would have a sticker placed on it and it would not be collected until the contamination was removed.

Barry Ryan advised the meeting that e-waste will be an agenda item for the next meeting of the Waste Services Committee.

RECOMMENDED

          That:

1.      The information contained in the report on Waste Management Services be received.

2.      The additional funding of $70,000 for the implementation of further education and communications programs, as identified in the report, be funded from the Domestic Waste Reserve.

 

 

General Business

Trevor Robey thanked Barry Ryan and David Burns for a comprehensive report.

John Kliese asked when the date of the next Waste Services Committee would be held and he was advised that it would be 7.00 pm on Thursday, 6 May 2010.

 

 

 

There being no further business the Chairperson declared the meeting closed, the time being 8.51 pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 25 March, 2010 be adopted.

 

 

 


Ordinary Meeting

19 April 2010

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 29 March, 2010

 

 

 

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies (at 7.32 pm), Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 March 2010

The minutes of the Policy Review Committee Meeting of 8 March 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

Councillor Greg Davies arrived at the meeting, the time being 7.32 pm.

 

DELIVERY PROGRAM REPORTS

 

A VIBRANT CITY

 

8    Penrith Performing and Visual Arts Ltd - Annual Report and Board of              Directors

The Chairperson of the Penrith Performing and Visual Arts Ltd (PPVA), Peter Anderson AM gave a brief overview of the performance of PPVA during the financial year and introduced the CEO of the PPVA John Kirkman who gave a presentation that highlighted the performances of the various divisions of the PPVA. The Chief Financial Officer of the PPVA, John Reed gave a presentation about the financial position of the PPVA.                              

RECOMMENDED

That:

1.    The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report and Board of Directors be received.

2.   Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd until the presentation to Council of the Penrith Performing and Visual Arts Ltd Annual Report for 2009/2010.

 

 

 

 

a liveable city

 

7    City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd -    Annual Report and Board of Directors

Councillor Greg Davies introduced the report and introduced Erik Henricksen, General Manager of the Penrith Regional Indoor Aquatic and Recreation Centre Ltd who gave a presentation.

RECOMMENDED

That:

1.     The information contained in the report on City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd until the presentation to the Council of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd Annual Report for 2009/2010.

3.     A report be brought to a Policy Review Committee Meeting that reviews the cash handling and security arrangements at all of the Council’s entities.

 

 

Councillor Greg Davies left the meeting, the time being 8.50 pm.

 

Councillor Greg Davies returned to the meeting, the time being 8.51 pm.

 

A Leading City

 

4        National Growth Areas Alliance - Status Report

The Council’s Director, Craig Butler gave a presentation to the report.

RECOMMENDED

That:

1.     The information contained in the report on National Growth Areas Alliance - Status Report be received.

2.     Council write to and brief local Members of Parliament about the outcomes NGAA is seeking and request their support.

 

 

Councillor Mark Davies left the meeting, the time being 9.05 pm.

 

Councillor Mark Davies returned to the meeting, the time being 9.08 pm.

 

 

 

 

 

1        Proposed Amendments to Infrastructure Restoration Fees                                            

RECOMMENDED

That:

1.     The information contained in the report on Proposed Amendments to Infrastructure Restoration Fees be received.

2.     The proposed changes to the Infrastructure Restoration Fees be included in the Draft 2010-11 Fees and Charges for consideration.

 

 

2        Delivery Program 2009-2013 - Progress Report to December 2009                               

RECOMMENDED that the information contained in the report on Delivery Program 2009-2013 – Progress Report to December 2009 be received.

 

3        Revised Code of Meeting Practice                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Revised Code of Meeting Practice be received.

2.     The Draft Code of Meeting Practice be placed on Public Exhibition for a period of 28 days.

 

 

5        2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions

Councillor Greg Davies advised that the Council had previously raised a matter that was to be included as a Motion to the ALGA and this matter should be included within the Motions forwarded by the Council. Councillor Greg Davies also suggested that a Motion be included about exploring the Very Fast Train to Canberra.

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

 

6        International Links Program 2010                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on International Links Program 2010 be received.

 

2.     The offer for the Mayor, a nominated Council officer and an interpreter to attend the International Sister City Community Construction Seminar in June 2010 in Xicheng District be accepted and that Council meet the difference of $2,098 between economy and premium economy airfares.

 

3.   A delegation comprising the Mayor, a Councillor nominated by the Council and two Council officers nominated by the General Manager visit the City’s international partners in Asia during October / November 2010 to participate in a range of initiatives occurring at that time.

 

4.   A further report be presented to the next Council Meeting regarding the composition of the delegation referred to in Recommendation 3 taking into account the business and cultural components of the visit.

 

 

A Green City

 

9        Nomination for the Office of Hawkesbury Nepean                                                          

RECOMMENDED

That:

1.     The information contained in the report on Nomination for the Office of Hawkesbury Nepean be received.

2.     Councillor John Thain be nominated for the Stakeholder Committee and recommended to Council.

 

  

 

There being no further business the Chairperson declared the meeting closed the time being 9.34 pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 29 March, 2010 be adopted.

 

 

 


Ordinary Meeting

19 April 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 12 April, 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, Constable Bill Pearson – Penrith Police, David Lance - Roads and Traffic Authority, Samantha Dawson – Representative for the Member for Penrith, Daniel Davidson – Road Safety Co‑ordinator, Ruth Byrnes - Senior Traffic Officer, Wayne Mitchell – Group Manager City Infrastructure, Peter Shahatit – Trainee Engineer, Alyce Kliese – Trainee Engineer

 

IN ATTENDANCE

Ron Watson – Westbus, Steven Purvis – Ranger

 

APOLOGIES

David Yee – A/Design & Technical Advice Manager, David Drozd – Senior Traffic Engineer, Councillor Jackie Greenow, Sergeant Natasha Crawford – Penrith Police

 

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

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

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Second Avenue, Kingswood - Proposed Provision of 'Bus Zones'                                   

RECOMMENDED

That:

1.     The information contained in the report on Second Avenue, Kingswood - Proposed Provision of 'Bus Zones' be received.

2.     Subject to no substantial objections from affected residents, a ‘Bus Zone’ be implemented on Second Avenue, 30m east of Morphett Street, for a distance of 20m from the existing ‘No Stopping’ sign located 10m from the intersection of Morphett Street, to the property driveway at 81 Second Avenue, Kingswood.

3.     Subject to no substantial objections, a ‘Bus Zone’ be implemented on Second Avenue, opposite Morphett Street, Kingswood for a distance of 30m west from the ‘Bus Stop’ sign.

4.     Any substantial objections received as part of the community consultation process be referred to the Local Traffic Committee for consideration.

5.     Penrith City Council Rangers be advised of Council’s resolution.

6.     Westbus be advised of Council’s resolution.

7.     Residents who made submissions regarding the provision of a ‘Bus Zone’ in Second Avenue, Kingswood be advised of Council’s resolution.

8.     The University of Western Sydney be requested to advise students of the changes to parking restrictions via their student newsletter.

 

 

2        Penrith CBD 40km/h High Pedestrian Activity Area Scheme - Road Safety Audit Findings  

RECOMMENDED

That:

1.     The information contained in the report on Penrith CBD 40km/h High Pedestrian Activity Area Scheme - Road Safety Audit Findings be received.

2.     The corrective actions in Table 1 of the report be endorsed.

3.     Marked pedestrian crossings be installed at Site 2 High Street near Riley Street, Site 8 High Street between Woodriff Street and Castlereagh Street, and Site 11 Henry Street east of Lawson Street .

4.     Marked pedestrian crossings not be installed on Site 4 Station Street north of Henry Street and Site 5 Station Street between Union Lane and Union Road.

5.     A raised or at grade threshold at Site 1 High Street existing pedestrian signals not be supported.

6.     The existing pavement markings and proposed facility in High Street between Station Street and Henry Street be amended to provide one westbound travel lane and two parking lanes.

7.     Penrith City Centre Association and the Roads and Traffic Authority be advised of Council’s resolution.

 

 

3        Roper Road, Colyton - Proposed Provision of Pedestrian Refuge near Young Street   

RECOMMENDED

That:

1.     The information contained in the report on Roper Road, Colyton - Proposed Provision of Pedestrian Refuge near Young Street be received.

2.     The Committee note the information.

 

 

 

4        Erskine Business Park - Blanket 4.6m High Vehicle Route Approval                           

RECOMMENDED

That:

1.     The information contained in the report on Erskine Business Park - Blanket 4.6m High Vehicle Route Approval be received.

2.     All roads in the Erskine Business Park accessed by either Lenore Lane or James Erskine Drive; and Roper Road between Great Western Highway and Carlisle Avenue be approved for 4.6m high vehicle access routes.

3.     The Roads and Traffic Authority be advised of this matter accordingly, and be requested to publish a notice in the Government Gazette in accordance with the “Route Assessment Guidelines for Restricted Access Vehicles (2002)”, indicating approval to use the aforementioned roads as 4.6m high vehicle access routes.

 

 

GENERAL BUSINESS

 

GB 1          Victoria Bridge, Great Western Highway, Penrith – 40km/h Speed Limit on Victoria Bridge  (Raised Mayor Crameri)                                                                                                 

For some time there has been concern in regard to pedestrian safety on Victoria Bridge.

 

There have been ongoing investigations and discussions with the Roads and Traffic Authority (RTA) in regard to possible long-term solutions.  In the interim, it is requested that the RTA investigate the reduction of the speed limit to 40km/h on the bridge. 

 

RECOMMENDED that the Roads and Traffic Authority be requested to investigate reduction of the speed limit on Victoria Bridge to 40km/h.

 

 

GB 2          Woodriff Street, Penrith – Provision of a New ‘Bus Stop’ & ‘Bus Zone’  (Raised Council)   

Westbus have requested Council’s endorsement of a new ‘Bus Stop’ and approval for a new ‘Bus Zone’ to be located opposite 90-92 Woodriff Street, Penrith.  The request is in response to a new regional network that commenced in October 2009, and subsequent consultation between Westbus, NSW Transport & Infrastructure (NSWTI) and residents.

 

The proposed route (S13) will consist of a high frequency bus service that runs into the Mountainview Retirement Village, then back out onto Mulgoa Road and back to Penrith Railway Station via Woodriff Street, Derby Street, and Station Street.  Westbus have advised that “This amended route will give a higher level of service for the residents of the Village by giving a direct service to and from Centro without the residents having to cross Station Street if the bus was to simply operate to the station directly via Ransley and Station Street”

 

Investigations have revealed that the proposed location of the new ‘Bus Zone’ near Stafford Street is not best suited for buses to safely pick up and drop off patrons.  It is proposed that the new ‘Bus Stop’ and ‘Bus Zone’ be implemented opposite 98 Woodriff Street, adjacent to the entrance driveway to the First Choice liquor store.  The ‘Bus Zone’ is to be 15m in length from the existing driveway entrance of the liquor store to the ‘No Stopping’ sign opposite 98 Woodriff Street, Penrith.

 

RECOMMENDED

That:

 

          1.       The new ‘Bus Stop’ opposite 98 Woodriff Street, Penrith be approved.

 

2.      A ‘Bus Zone’ be implemented at the location of the new bus stop, opposite 98 Woodriff Street, Penrith, for a distance of 15 metres from the existing entrance to the First Choice liquor store, to the ‘No Stopping’ sign opposite 98 Woodriff Street, Penrith

.

          3.       Westbus be advised of Council’s resolution.

 

GB 3          Civic Centre Carpark – Pedestrian Safety  (Raised Council)                                

Council’s Occupational Health & Safety Committee has raised concerns about pedestrian safety in the Civic Centre Carpark, and has requested an investigation into the provision of a marked pedestrian crossing on the raised hump near the turning circle.  Traffic and pedestrian counts have been carried out and the Roads and Traffic Authority warrant for provision of a marked pedestrian crossing was not met.  The OH&S Committee has subsequently requested the provision of a 10km/h ‘Shared Zone’.

RECOMMENDED

That:

1.       A 10km/h ‘Shared Zone’ be implemented and signposted in the Civic Centre Carpark

2.       Provision of a marked pedestrian crossing on the raised hump not be supported.

 

GB 4          Jindalee Place, Glenmore Park – Proposed Provision of ‘No Stopping’ & ‘No Parking’ Restrictions  (Raised Council)                                                                                                    

Council’s Road Network Services Engineer advised of a proposal to implement ‘No Stopping’ and ‘No Parking’ restrictions in the newly developed Jindalee Place, Glenmore Park.

Jindalee Place is a local road that will provide pedestrian access to Glenmore Park Primary School.

On other similar roads in the Local Government Area, there are significant traffic issues during school pick up and drop off times.  The provision of signage is a proactive measure to improve traffic when the road is open to the public.

 

 

 

RECOMMENDED

That:

1.       Full-time ‘No Stopping’ be provided at the hammer head near lots 205 and 209 Jindalee Road, Glenmore Park.

2.       Full-time ‘No Stopping’ restrictions be provided around the kerb returns at the intersection of Kukundi Drive and Jindalee Road, Glenmore Park.

3.       ‘No Parking 8.00-9.30am & 2.30-4.00pm School Days’ be provided in Jindalee Place, west side, fronting Lots 206, 207, 208 and 209.

4.       ‘No Stopping 8.00-9.30am & 2.30-4.00pm School Days’ be provided in Jindalee Place, east side, fronting Lots 202, 203, 204 and 205.

 

 

GB 5          Old Bathurst Road, Smith Street, Emu Plains – Proposed Provision of Signs & Linemarking  (Raised Council)                                                                                                   

Council’s Road Network Services Engineer advised of a proposal by NSW Transport & Infrastructure (NSWTI) to carry out improvements at the intersection of Old Bathurst Road and Smith Street, Emu Plains.  This work is part of the NSWTI upgrade of the commuter carpark on the north side of Emu Plains Railway Station.  Prior to commencing works, NSWTI will be required to apply for Roads Act approval, which has currently not been issued. However this item is to endorse the provision of signs and linemarking associated with these improvements, subject to Roads Act approval.

RECOMMENDED that the provision of signs and linemarking associated with intersection improvements at Old Bathurst Road and Smith Street, Emu Plains be endorsed subject to Roads Act approval.

 

 

GB 6          Derby Street, Penrith – Request for Provision of Bus Shelters  (Raised Mayor Crameri)                  

Council’s Road Network Services Engineer raised concerns on behalf of Mayor Crameri, requesting provision of bus shelters in Derby Street, Penrith, near the hospital to assist elderly passengers waiting for buses.

RECOMMENDED that the matter be investigated.

 

 

GB 7          Galvin Road, Llandilo – Request for Provision of Speed Limit Pavement Markings  (Raised Mayor Crameri)                                                                                                              

Further to General Business Item 6 raised at the Local Traffic Committee meeting on 1 February 2010, requesting the provision of speed limit pavement markings on Barnes Road/Galvin Road, Llandilo, the Roads and Traffic Authority has provided the pavement markings on Barnes Road only.

The Mayor requested that the pavement markings also be provided on Galvin Road, Llandilo.

 

RECOMMENDED

That:

1.       The Roads and Traffic Authority be requested to provide speed limit pavement markings on Galvin Road, Llandilo.

2.       Mayor Crameri be advised of Council’s resolution.

 

 

GB 8          Speed Limit Review by Roads and Traffic Authority  (Raised Council)               

Council’s Road Network Services Engineer advised of information received from the Roads and Traffic Authority following a speed limit review on the Penrith Bypass and some roads in the Londonderry area.

The RTA has advised that it is proposed to change the speed limits as follows:

·    Jane Street/Belmore Street/North Street (between Castlereagh Road and Lawson Street), Penrith to 50km/h.

·    Bennett Road, Londonderry to 70km/h

·    Carrington Road, Londonderry (from 100m east of Milford Road to The Northern Road) to 70km/h

·    Leitch Road, Londonderry to 70km/h

·    An extension of the current 50km/h speed zone on Carrington Road, Londonderry by approximately 250m to 100m east of Milford Road.

RECOMMENDED that the Committee note the information.

 

 

GB 9          Second Avenue, Kingswood – Sight Distance at UWS Driveway  (Raised Councillor McKeown)

Councillor McKeown raised concerns, on behalf of a UWS staff member, about sight distance for vehicles exiting the UWS driveway in Second Avenue, Kingswood, near Anthony Crescent due to vehicles parking on both sides of the driveway.

There is a further problem when cars coming out of Pearson Street (directly opposite the entrance) also turn right into Second Avenue.  The staff member has suggested that if vehicles turning right out of the campus used the other entrance where there is a roundabout, it would cause less congestion and be less of a safety issue.  Provision of ‘No Right Turn’ signage from this entrance into Second Avenue has been requested.

 

RECOMMENDED that the matter be investigated.

 

 

GB 10        Castlereagh Road/Andrews Road, Penrith – Sight Distance at Service Road  (Raised Council)   

At the Local Traffic Committee meeting on 1 March 2010, the Roads and Traffic Authority representative raised concerns about sight distance for drivers using the service road at the Castlereagh Road/Andrews Road roundabout.

Council’s Ranger today advised that Rangers have visited this area and made the businesses aware of the problem.  Further patrols have been carried out at this location, with no problems being identified.

RECOMMENDED that the Committee note the information.

 

 

GB 11        M4 Motorway, Penrith – Fatal Accident  (Raised St Marys Police)                      

The St Marys Police representative advised of a fatal accident which occurred on the M4 motorway, westbound, near The Northern Road exit on Saturday morning, 10 April 2010.  The accident involved a number of cyclists and a truck, and Police are currently investigating the matter.

RECOMMENDED that the Committee note the information.

 

 

GB 12        Queen Street, St Marys - ANZAC Day March on Sunday, 18 April 2010  (Raised St Marys Police)                                                                                                                                

The St Marys Police representative advised that there will be an ANZAC Day March on Sunday, 18 April 2010 in Queen Street, St Marys.

The march will be the same as in previous years, with no problems occurring in the past.

RECOMMENDED that the Committee note the information.

 

 

GB 13        Penrith CBD - ANZAC Day March on Sunday, 18 April 2010  (Raised Penrith Police)

The Penrith Police representative advised that there will be an ANZAC Day March on Sunday, 18 April 2010 in the Penrith CBD and a Girl Guides ANZAC March at Emu Plains.

The Marches will be the same as in previous years, with no problems occurring in the past.

RECOMMENDED that the Committee note the information.

 

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:05am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 12 April, 2010 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        NSW Local Infrastructure Fund

 

2        Regional and Local Community Infrastructure Program Round 2

 

3        Amendments to 2010 Meeting Calendar

 

4        International Links Program 2010

 

5        22nd Women, Management and Work Conference - 29 to 30 July 2010

 

6        Australian Local Government Women's Association (ALGWA) NSW Branch State Conference

 

7        NSW Government Metropolitan Transport Plan

 

8        Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods

 

A City of Opportunities

 

9        Penrith City Council 'Planning for an Ageing Community' Strategy

 

10      Mobile Playvan Annual Report

 

11      Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys

 

A Green City

 

12      Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives

 

13      Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo. Applicant: Planning Options Australia Pty Ltd;  Owner: Anna Maria W Pennings, Kristine Joanne Monsieur & Paul Anthony Monsieur DA09/0148

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

 

 

 

 

 

14      Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith. Applicant: Cityscape Planning & Projects;  Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd DA07/1570

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

 

15      Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood. Applicant: Tim Harrington;  Owner: Paul Blissett & Lynda Conroy DA10/0034

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

 

16      Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington. Applicant: Phillip Neville;  Owner: Teldraw Pty Ltd and Paul Burgess DA09/1225

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

 

17      Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows. Applicant: Jahangir Shamsabad and Charlene Shamsabad;  Owner: Jahangir Shamsabad and Charlene Shamsabad DA10/0026

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

 

18      Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith . Applicant: Freeburn Surveying;  Owner: Mr & Mrs Nielsen & Ms I Georgakopoulos DA09/0960

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

 

19      Section 96 Application DA06/1014.05 for the Retention of the Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook. Applicant: Catholic Education Office;  Owner: Trustees of the Roman Catholic Church DA06/1014.05

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

 

20      Review of Development Applications Processed in Llandilo

         

 

 

 

 

A Liveable City

 

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

 

22      Great River Walk Stage 7 Grant Application (2010)

 

23      Tender Reference 32-09/10 for the provision of Hired Plant and Equipment

  

 


A Leading City

 

Item                                                                                                                                       Page

 

1        NSW Local Infrastructure Fund

 

2        Regional and Local Community Infrastructure Program Round 2

 

3        Amendments to 2010 Meeting Calendar

 

4        International Links Program 2010

 

5        22nd Women, Management and Work Conference - 29 to 30 July 2010

 

6        Australian Local Government Women's Association (ALGWA) NSW Branch State Conference

 

7        NSW Government Metropolitan Transport Plan

 

8        Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods

 

 



Ordinary Meeting

19 April 2010

A Leading City

 

 

 

1

NSW Local Infrastructure Fund   

 

Compiled by:                Andrew Moore, Financial Services Manager

Authorised by:             Andrew Moore, Financial Services Manager   

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

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

       

 

Executive Summary

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

 

It was reported to the Ordinary Meeting of Council held on 22 February 2010 that Council has been advised that the submission was successful and that a loan for the full amount requested has been approved.  At that time the loan agreement had not been finalised with a number of key milestones needing to be agreed upon. 

 

This report recommends that the Common Seal of the Council of the City of Penrith be affixed to the loan agreement.

 

Current position

This process has now been completed and the loan agreement has been received by Council for execution.  A review of the loan agreement has been completed by Council’s Group Manager Legal and Governance, Group Manager City Infrastructure and Financial Services Manager and is recommended for execution.

 

The Department of Planning is requiring the Common Seal to be placed on the loan agreement. This report recommends that the Common Seal of the Council of the City of Penrith be affixed to the loan agreement.

 

RECOMMENDATION

That:

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

2.     The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings of $4,566,000.

 

ATTACHMENTS/APPENDICES

1. View

Report to Ordinary Council Meeting - 22 February 2010

3 Pages

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Report to Ordinary Council Meeting - 22 February 2010

 

 

 




Ordinary Meeting

19 April 2010

A Leading City

 

 

 

2

Regional and Local Community Infrastructure Program Round 2   

 

Compiled by:                Ray Richardson, Grants Support Officer

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

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

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

       

 

Executive Summary

Council has been advised that projects submitted to the Department of Infrastructure, Transport, Regional Development and Local Government for the $721,000 allocation to Penrith City Council under the Regional and Local Community Infrastructure Program (RLCIP) Round 2 have been approved and the funding agreement for the acceptance of the funds totalling $721,000 has been signed.

 

Council must commence construction of the projects before 30 June 2010 and all projects must be completed and grant funds expended by 31 December 2010.

Background

Council will recall that on 9 November 2009 and 1 February 2010 reports were made to Council regarding the submission of projects for approval by the Department of Infrastructure, Transport, Regional Development and Local Government for the $721,000 allocation to Penrith City Council under the RLCIP Round 2.

Current Situation

Advice has been received that the revised projects endorsed by Council on 1 February 2010 were approved.

As works on these six projects will commence before 30 June 2010, the funding will be allocated over the two financial years - 2009-10 and 2010-11.

 

The following table includes the projects as approved by the Department, including the sub-projects detailing individual sites for playground and childcare centre improvements:

Project

Ward

Electorate

Mgr

Grant

Penrith 101: Construction of Playgrounds in Penrith

Works at Grassmere Street, Fantail and Whistler Reserve and Arundel Park Drive Reserve include construction of playgrounds approximately 150 square metres in size involving site preparation, supply and installation of equipment and soft fall. Works at Berkshire Park involve supply and installation of a shade structure.

Grassmere Avenue, South Penrith

South

Lindsay

PM

$50,000

Fantail and Whistler Reserve, Erskine Park

East

Prospect

PM

$50,000

Arundel Park Drive Reserve, St Clair

East

Prospect

PM

$45,000

Berkshire Park Shade Structure

North

Greenway

PM

$26,000

Penrith 102: Upgrade of Childcare Centres in Penrith

Strauss Road Children’s Centre works include installation of soft fall surrounding playground equipment, a dry creek bed to prevent future erosion, seating, landscaping and an amphitheatre. Emu Village works includes relocation of playground equipment, installation of new sandpit and retaining wall. Works at Stepping Stones Early Learning Centre include installation of playground, soft fall, landscaping and storage.

Strauss Road Children’s Centre, St Clair

East

Prospect

CSM

$40,000

Stepping Stones Early Learning Centre, St Clair

East

Prospect

CSM

$50,000

Emu Plains Village OOSH

North

Lindsay

CSM

$50,000

Penrith 103 Upgrades along the Great River Walk in Emu Plains

Works involve site preparation and construction of two decking structures along the Nepean River, a 7 square metre deck to be constructed at River Road Reserve and an 8 square metre deck in Regatta Park to provide access to the water.

South

Lindsay

MPM

$75,000

Penrith 104 Construction of a Lookout along the Great River Walk

Works include construction of a lookout at the top of the river embankment consisting of a steel structure approximately 30 square metres in size and stairs descending approximately 7 metres.

South

Lindsay

MPM

$140,000

Penrith 107 Upgrades at Berkshire Park Hall

Upgrades include installation of solar panels, a 10,000 litre rain water tank, air conditioning units, new internal energy efficient light fittings, accessible toilet, fixed storage cupboards, accessible ramp to the main entry, a pathway from the car park to the main entrance of the building and sustainable landscaping.

North

Greenway

PDASM

$158,470

Penrith 108 Upgrades at the University of the Third Age Building in Penrith

Works include construction of a disabled access ramp at the entrance to the building and energy and water efficiency upgrades.

South

Lindsay

CWM

$36,530

 

The Parks Manager has advised that the construction of each playground facility will incorporate the provision of appropriate shade and seating. Where practical, the playground structures will be located in proximity to existing shade trees. If no natural shade is available the planting of additional advanced shade trees will occur. All playground developments will incorporate any existing seating. If no seating is currently provided, two additional seats will be installed. The costs associated with the provision of the additional trees and seats will be met within the existing Parks maintenance budget.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Regional and Local Community Infrastructure Program Round 2 be received.

2.     Council endorse acceptance of the $721,000 grant funds.

3.     The Minister for Infrastructure, Transport, Regional Development and Local Government be thanked for the grant.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

3

Amendments to 2010 Meeting Calendar   

 

Compiled by:                Stephen Pearson, Executive Services Officer

Authorised by:             Glenn Schuil, Acting Executive Officer  

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

Strategic Direction:  We champion responsible and ethical behaviour

       

 

Executive Summary

The report proposes amendments to the 2010 Meeting Calendar which was adopted at the Ordinary Council Meeting of 9 November 2009.

 

The report recommends that:

·      the Ordinary Council Meeting scheduled for 12 July 2010 be changed with the Policy Review Committee Meeting on 19 July 2010; and

·      the Ordinary Council Meeting scheduled for 9 August 2010 be changed with the Policy Review Committee Meeting on 16 August 2010.

Background

A request has been received from the Financial Services Manager to put back the date of the Ordinary Council Meeting in August by one week from 9 August 2010 to 16 August 2010 to allow sufficient time to present the June review to Council.

Current Situation

The current 2010 Meeting Calendar (from 21 June to 6 September) is as follows:

 

Jun 21

Jun 28

Jul 12

Jul 19

Aug 9

Aug 16

Aug 30

Sep 6

OM

PR

OM

PR

OM

PR

PR

OM

     OM – Ordinary Council Meeting                     PR – Policy Review Committee Meeting

Proposed Situation

The change sought by the Financial Services Manager would mean that if the Ordinary Council Meeting were to be held one week later on 16 August 2010, the Policy Review Committee Meeting scheduled for 16 August 2010 would instead he held on 9 August 2010.

 

This change would then result in a five (5) week gap between the Ordinary Council Meetings on 12 July 2010 and 16 August 2010.

 

However, this could be overcome by also putting back the date of the Ordinary Council Meeting in July by one week from 12 July 2010 to 19 July 2010. This would mean that the Policy Review Committee Meeting scheduled for 19 July 2010 would instead he held on 12 July 2010.

 

The changes would result in a four (4) week gap between the Ordinary Council Meetings on 21 June 2010 and 19 July 2010 and a four (4) week gap between the Ordinary Council Meetings on 19 July 2010 and 16 August 2010.

 

The proposed 2010 Meeting Calendar (from 21 June to 6 September) incorporating these changes is as follows:

 

Jun 21

Jun 28

Jul 12

Jul 19

Aug 9

Aug 16

Aug 30

Sep 6

OM

PR

PR

OM

PR

OM

PR

OM

     OM – Ordinary Council Meeting                     PR – Policy Review Committee Meeting

 

The changes to the meeting calendar have been discussed with the relevant Managers and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of Operational Plan Quarterly Reviews, 2010-2011 Operational Plan, Delivery Program Progress Reports and 2009-2010 Financial Statements.

 

An amended 2010 Meeting Calendar (full year) incorporating these two changes is set out overleaf for Council’s consideration.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Amendments to 2010 Meeting Calendar be received.

2.     The 2010 Meeting Calendar be altered as follows:

·      the Ordinary Council Meeting scheduled for 12 July 2010 be changed with the Policy Review Committee Meeting on 19 July 2010; and

·      the Ordinary Council Meeting scheduled for 9 August 2010 be changed with the Policy Review Committee Meeting on 16 August 2010.

 

 

ATTACHMENTS/APPENDICES

1. View

2010 Revised Meeting Calendar - Proposed for Adoption by Council on 19 April 2010

1 Page

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - 2010 Revised Meeting Calendar - Proposed for Adoption by Council on 19 April 2010

 

 

 


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

4

International Links Program 2010   

 

Compiled by:                Geoff Shuttleworth, City Marketing Manager

Authorised by:             Brian Steffen, Group Manager - Information & Customer Relations   

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

Strategic Direction: We demonstrate our leadership, and encourage innovation

       

 

Executive Summary

A further report was requested following the Policy Review Committee meeting of 29 March 2010 regarding the composition of the delegation to visit the City’s international partners in Asia in October/November 2010, taking into account the business and cultural components of the visit.

 

This report indicates that it is feasible to separate the visit into two parts and recommends that Council consider Councillor participation in the visit.

Background

At the Policy Review Committee meeting of 29 March 2010 a proposed Penrith City delegation visit to the City’s five international partners in Asia during October/November 2010 was considered.

 

In part the recommendation adopted at the meeting stated that the Mayor and a Councillor nominated by Council participate in the visit.

 

A further report was requested regarding the composition of the delegation, taking into account the business and cultural components of the visit.

 

Current Situation

A review of the itinerary indicates that it is feasible to separate the visit into two parts comprising the component visiting the City’s international partners in China and Korea accompanied by a business delegation arranged by the Penrith Business Alliance and a component visiting the City’s international partners in Japan accompanied by a community delegation organised by the Penrith International Friendship Committee.

 

In the circumstances Council may consider it appropriate to view the delegation in two discrete parts and take this into account when nominating its delegates. 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on International Links Program 2010 be received.

 

2.     Council consider Councillor participation in the delegation to visit Council’s international relations partners in Asia in October/November 2010.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

5

22nd Women, Management and Work Conference - 29 to 30 July 2010   

 

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 22nd Women, Management and Work Conference will be held in Sydney from 29-30 July 2010.

 

The Conference is conducted by the Council of the Macquarie University’s Labour-Management Studies Foundation and the theme is “Women as Leaders – Navigating the Maze”.

 

The report recommends that the information be received and that Council consider the attendance of interested Councillors at the Conference.

 

Background

“Women as Leaders – Navigating the Maze” is the theme of this year’s Council of the Macquarie University’s Labour-Management Studies Foundation “Women, Management and Work Conference”.

 

The Conference is to be conducted at the Sofitel Sydney Wentworth Hotel, 61-101 Phillip Street, Sydney from 29-30 July 2010.

 

Conference Program

Conference sessions will include the following topics:

·      New Directions in the World of Work

·      Leadership Development for Women (Roundtable Discussion)

·      Exploring Leadership for Women (Workshops)

·      Leadership Opportunities – Navigating the Leadership Maze

·      Balancing the Risks and Rewards

·      Finding the Right Reward

·      Getting to the Top: The profile of a Successful Female Leader (Lunchtime Seminar)

·      Leadership Success Stories

 

Leading speakers include:

·      Mia Freedman, Journalist, Columnist, Author and Media Consultant

·      Christine Nixon APM, Chair, Victorian Bushfire Reconstruction & Recovery Authority

·      The Hon Tanya Plibersek MP, Minister for Housing; Minister for the Status of Women

·      Professor Barbara Pocock, Director, Centre for Work + Life, University of South Australia

·      Heather Ridout, Chief Executive, Australian Industry Group

·      Brigadier Simone Louise Wilkie AM, Director General Training, Headquarters Force Command, Victoria Barracks

 

The Key-Note Dinner Address, “Wearing a fake moustache to get into the boy’s club”, will be given by Cal Wilson, Comedienne and Show Host on NOVA Radio. Cal Wilson is known for her Melbourne International Comedy Festival shows and she is a regular cast member on Channel 10’s comedy sketch show, ‘Skithouse’. She is also a panel member on ‘The Glasshouse’, and regularly appears as a guest on ‘The Panel’ and ‘Rove Live’.

 

An indication is sought from Councillors who may wish to attend the Conference.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 22nd Women, Management and Work Conference - 29 to 30 July 2010 be received.

2.     Council consider the attendance of interested Councillors at the 22nd Women, Management and Work Conference.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

6

Australian Local Government Women's Association (ALGWA) NSW Branch State Conference   

 

Compiled by:                Sharon Blevin, Executive Assistant

Authorised by:             Glenn McCarthy, Public Officer   

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

Strategic Direction: We demonstrate our leadership, and encourage innovation

       

 

Executive Summary

Council has maintained a long term involvement with the Australian Local Government Women’s Association (ALGWA) as the peak body representing the interests of women in local government as officers or elected members. This report provides information on the outcomes of the recent ALGWA Annual Conference. The report recommends that the information be received.

Current Situation

The Australian Local Government Women’s Association (ALGWA) NSW Branch, 2010 State Conference was held in Moree from 4-6 March 2010.  The Conference was attended by approximately 178 delegates from all parts of New South Wales.

 

As in previous years, Penrith Council staff members also attended the Conference as a development opportunity, two of whom have provided the following comments regarding the Conference:

 

Cindye Russell, Administration Officer, Development Engineering Unit:

 

“I have worked at Penrith City Council for the past 16 years and I have never attended an ALGWA Conference before.  The conference was very inspirational and the women speakers very interesting on their particular topics.  Moree Plains Shire Council made everyone feel welcome, and I thoroughly enjoyed the Conference and have now become a member of ALGWA. 

 

It was a fantastic opportunity to mix and meet with some of Penrith’s Councillors, and also other Council Representatives whom I would not normally have had the opportunity to meet.  I look forward to attending more of these conferences in the future.

 

I would like to take this opportunity to thank Penrith City Council for allowing me as a staff member to attend and also the support of my supervisor, Eric Hausfeld.”

 

Tracy Leahy, Community Programmes Co-ordinator, Community Development Team:

 

“I found the conference inspiring both professionally and personally. I felt very honoured to meet so many professional women working in Local Government. The conference gave me the opportunity to meet and discuss various issues with Mayors, Councillors and General Managers. I was especially interested in sharing experiences of rural councils and Moree was a perfect place to discuss these. The speakers were very informative and interesting and I felt very privileged to meet some of them. The atmosphere of the conference was very supportive, encouraging the sharing of knowledge, skills and experience especially with the younger delegates. I enjoyed this networking opportunity and made some useful contacts.

 

The conference also gave me the opportunity to get to know Penrith Councillors who attended the conference in a professional capacity and on a more personal level during the social events. I was also able to meet Council officers from different departments who I would normally not come into contact with.  I will certainly continue to look for opportunities to continue to develop these relationships.

 

I would like to thank Penrith City Council for supporting my attendance at the ALGWA conference. It was very apparent that Penrith Council supported the largest number of staff to attend the conference and this was applauded by other Councils even to the point where we were affectionately known as the “Penrith Thirteen”. I can say that I felt very proud to be an employee of Penrith Council.”

 

The theme of the Conference was ‘Women Making a Splash in Local Government’ and looked at issues challenging women in the Year of Women in Local Government 2010.  Topics included:

 

·    Life in Local Government – Promoting Diversity and Leadership

·    Leadership – Walking in Two Worlds

·    Year of Women in Local Government

·    It’s all about making the most of those opportunities

·    Women in local government – ‘web-thinking’ can build a more sustainable and engaged community

·    The Superwoman Complex – being all we can be, but not destroying ourselves in the process

·    Basic media skills

·    Rentafarmhouse Scheme

 

Speakers included:

 

Hon Linda Burney MP, Minister for the State Plan, Minister for Community Services and Member for Canterbury spoke of her role as the first Aboriginal Australian elected to the NSW Parliament and also her role as Minister for Women, which was added to her portfolio in September 2009.

 

Major Gillian Baker, Staff Officer to Commander Joint Logistics spoke about her career over the last 20 years, highlighting a number of elements including leadership, networking, motivation, attitude and adversity that have been of influence.

 

Penny Holloway, General Manager North Sydney Council spoke of the important role women have in local government and examined the distinguishing factors in male and female leadership in local government.

 

Nerida Saunders, Director of Aboriginal Cultural & Heritage spoke of her experience as an Aboriginal working in the public sector over the past 19 years.  Nerida, who was born in Moree, is currently the Executive Director for Aboriginal Affairs & Reconciliation Division of the Department for Premier and Cabinet.

 

The Hon Barbara Perry MP, Minister for Local Government, Minister Assisting the Minister for Planning, Minister Assisting the Minister for Health (Mental Health) spoke of her roles in government and the importance of addressing the needs of working families and building strong and harmonious communities.  Minister Perry also answered questions from delegates on completion of her presentation.

 

Dr Maree Smith, Laboratory Manager, Port Macquarie Hastings Council spoke of her passion for science and how making the most of an opportunity has led to her securing her current position.  Dr Smith is also an Ambassador for the 2010 Year of Women in Local Government.

 

Jan Strom, Lecturer at Southern Cross University spoke of how ‘web-thinking’ can build a more sustainable and engaged community.  She spoke of how women’s natural ability to use ‘web-thinking’ could provide women in local government with an opportunity to build a stronger and more sustainable community.

 

Kelli Mills, Managing Partner of Mills-Eaton Training, who has been nominated as Telstra Businesswoman of the Year on several occasions, gave an ‘amazing’ presentation about how women have lost who we are in the quest to be all things to all people, to do everything that is available to us, excel in everything and feel and look fabulous at the same time.

 

Kerry-Anne Walsh, Director K-A Communications spoke of her career in media in roles such as the press advisor and speech writer to a Hawke cabinet minister and chief political correspondent for News Limited and Fairfax papers.  Kerry-Anne is now a consultant.

 

Christene Weston, Rentafarmhouse Scheme spoke of how successful the scheme has been in helping the local community of Cumnock.

 

The AGM was held on Saturday, 6 March 2010 to elect office bearers for the ensuing year and consider motions for adoption as ALGWA policy. 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 and Helen Cooper were also re-elected to the Executive Committee despite strong competition from council representatives across the state. Motions on the following topics were passed:

 

·    ALGWA continue to support the rights of midwives to work in their own right and a woman’s right to self‑determination of healthcare.  ALGWA is to write to the Minister for Health, Nicola Roxon, regarding its position regarding Federal Government legislation and intervention which will undermine the ability of midwives to be able to legitimately practise and for mothers who decide where and with whom they give birth.

 

·    ALGWA request that the Division of Local Government provide information on initiatives that Councils are undertaking regarding climate change.

 

·    ALGWA urgently write to the Premier and Minister for Planning seeking support to include Councils in consultation when planning legislation is developed, amended and introduced.

 

·    ALGWA lobby the Minister for Planning to improve disability access in the planning legislation in order to develop standards which ensure residential/commercial premises consistently achieve equity access for all.

 

·    ALGWA does not support the appointment of volunteer drivers to replace professional ambulance drivers in rural and regional centres in NSW.

 

 

RECOMMENDATION

That the information contained in the report on Australian Local Government Women's Association (ALGWA) NSW Branch State Conference be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

7

NSW Government Metropolitan Transport Plan   

 

Compiled by:                Walter Sinnadurai, Transportation Planner

Authorised by:             David Yee, Acting Design and Technical Advice Manager   

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

Strategic Direction: We work together to grow Penrith as a Regional City

       

 

Executive Summary

On 21 February, 2010 the State Government released the Metropolitan Transport Plan –Connecting the City of Cities’ (MTP) and has invited submissions by 30 April, 2010.  The MTP sets out the State Government’s strategy to link Sydney’s land use planning with its transport network.

 

The MTP is a 25-year transport plan supported by a 10-year funded package of transport infrastructure for the Sydney metropolitan area.  It is the government’s intention to integrate the MTP with the review of the Metropolitan Strategy and, following consultation, the two plans will be consolidated into one Metropolitan Plan which is intended to be released in the second half of 2010.

 

The Metropolitan Transport Plan (MTP) seeks to achieve the objectives of:

 

·      Commuting to work easily and quickly;

·      Transport and services accessible to all members of the community;

·      An efficient, integrated and customer focused public transport system; and

·      Revitalised neighbourhoods with improved transport hubs.

 

These objectives are to be delivered through a range of planning, land use and infrastructure mechanisms.

 

The report outlines the key elements of the MTP and provides comments on the issues that are considered necessary to be resolved in developing an integrated transport and land use plan for Sydney.  In particular, how this affects the planning and funding of transport infrastructure and services required to support the development of Penrith in its role as a regional city.  The comments in the report will form the basis of Council’s submission to the government.

 

The report seeks Council’s endorsement of a submission on behalf of Council to the Metropolitan Transport Plan.  The report recommends that the information be received and the Acting Design and Technical Advice Manager be authorised to finalise the submission and forward it to the State Government.

Current Situation

The Metropolitan Transport Plan –Connecting the City of Cities’ (MTP) is based on the following four objectives:

 

·      Commuting to work easily and quickly;

·      Transport and services accessible to all members of the community;

·      An efficient, integrated and customer focused public transport system; and

·      Revitalised neighbourhoods with improved transport hubs.

 

The MTP seeks to deliver these objectives through the following mechanisms:

 

Funded Infrastructure Projects

The MTP proposes to deliver a 10-year $50.2 billion funding guarantee package of transport infrastructure.  The 10-year funding guaranteed transport infrastructure projects are set out in the table below:

 

Scheme

Project

10-Year Expenditure

(Billion)

Total Project Cost (Billion)

New express rail services for Western Sydney

·     City Relief Line (Eveleigh to Wynyard) Enabling works

$4.530

$4.530

Rail to match the demands of growth

·     North West Rail Link

·     South West Rail Link

·     Chatswood to St Leonards Quadruplication

$2.759

$9.551

Light rail in the CBD

·     Dulwich Hill to Lilyfield

·     Circular Quay via Barangaroo to Haymarket

·     Enabling road works and infrastructure

$0.500

$0.500

Freight Projects

·     Construction of Enfield Intermodal Terminal

·     Enfield Staging facility, expansion, marshalling and augmentation

·     Cooks River to Botany  freight line duplication

$0.483

$0.483

Better bus connections

·     Bus priority measures

·     New buses

·     Replacement buses

·     New bus depots

$2.878

Ongoing

Getting Sydney Moving

·     Sydney Metropolitan Strategic Cycle Network Missing Links

$0.158

$0.158

Sydney’s Iconic Ferries

·     Replace 6 Lady and Supercat vessels

·     Ferry capital works and renewal

$0.225

$0.709

Better Customer Experience

 

·     Electronic Ticketing

·     Continuing the Commuter Parking Interchange Program

·     Commuter Infrastructure Funds

·     Clearway and Station Enhancement

·     Stabling, Engineering and Capital Works

·     Rolling Stock

$16.244

Ongoing

Road Network

·     Sydney Motorway Network (essential works)

·     Great Western Highway

·     Hume Highway

·     Pacific Highway

·     Princes Highway

·     Sydney Roads Upgrades

·     State Wide Road Upgrades

·     Works and Maintenance

$21.850

 

Ongoing

Planning the Future Transport Network

 

·     Planning for future mass transit development and corridor reservations

·     Motorway planning corridor reservation and land acquisition

$0.536

Ongoing

 

Total

$50.163

 

 

The MTP also identifies projects that are beyond the 10 year funding guarantee that could be brought forward if additional funding becomes available. Those projects include the M5 duplication, the M4 East extension, the Parramatta to Epping rail link, the F3 to M2 link, further enhancement to the dedicated freight network and the commencement of Sydney’s Metro network.

 

Sydney Metropolitan Development Authority

The Government is proposing to establish the Sydney Metropolitan Development Authority (SMDA).  The SMDA will be responsible for delivering the outcomes proposed by the consolidated Metropolitan Plan.  It will focus on transit oriented development in urban renewal areas and centres, identifying options for funding necessary infrastructure, including value uplift and private sector investment and where necessary act as a development proponent on State owned land. 

 

The SMDA will also act as a development proponent on State–owned land to expedite development and provide local economic benefits.  The Department of Planning is preparing an Urban Renewal State Environmental Planning Policy (SEPP) to consolidate and streamline the rezoning process for areas that are defined as urban renewal precincts. The SEPP will:

 

·      streamline the rezoning approach for designated precincts where there is urban renewal opportunity associated with public transport;

·      promote mixed use and appropriate higher intensity uses within walking distance of public transport infrastructure;

·      achieve a sustainable centre structure and built form via consistency with an adopted precinct plan prepared using urban design guidelines; and

·      be simple, rapid and able to deliver land use certainty.

 

Comment

Coordinating land use and transport planning is integral to the creation of accessible, sustainable and desirable urban environments that encourage and support socially inclusive communities.  Currently these functions are fragmented across government and the creation of a single entity with the mandate to co-ordinate these functions and the responsibility to create, operate, improve and expand an integrated transport network for Sydney is supported.  However, it is essential that State Agencies, Local Government and the broader community are engaged and consulted in the preparation of the proposed State Environmental Planning Policy. 

 

North Penrith Urban Area

The MTP suggests developing the North Penrith defence site as an “element of the city centre for business”.

 

Comment

This site is currently being investigated as a potential state significant site by the Department of Planning under Part 3A of the Environmental Planning and Assessment Act 1979. The proposal submitted to the Department includes residential, village centre, open space, and industrial uses. The site presents a significant opportunity to develop activities complementing, rather than competing with, development envisaged for the Penrith City Centre commercial core. Penrith City Centre has significant development capacity to meet the city’s future commercial and retail needs in one accessible location south of the railway. An elaboration of the business activities and the point of difference to the City Centre need to be demonstrated and how it complements opportunities in the City Centre needs to be ascertained.

 

New Western Express Rail Service

New express train services are proposed from Richmond, Penrith, Blacktown and Parramatta, with improved seating capacity.  The express service will deliver travel time savings of ten minutes from Penrith to the City and 5,000 extra seats from Parramatta in the peak hour. These service improvements are to be delivered by:

 

·    constructing eight new platforms between Redfern and Wynyard (no commencement dates nominated);

·    constructing a new 5klm city centre relief line from Eveleigh to Wynyard (commencing in 2015); and

·    undertaking engineering works on the existing network, such as the removal of cross-overs and merging or lane changing.

 

Comment

The proposed New Express Rail Service is consistent with the goals and objectives of the Penrith Integrated Transport and Land Use Strategy (PITLUS).

 

However, the MTP proposes only a 10 minute saving in travel time between Penrith and Sydney City.  Duplication of the western line corridor between St Marys and Penrith would relieve already ‘at capacity’ infrastructure and may contribute to more meaningful time savings for Penrith commuters.  Duplication of the rail line between St Marys and Penrith should be included the Government’s 10-year funding guaranteed transport infrastructure program.

 

North West and South West Rail Links

The MTP proposes:

 

·    Planning and commencement of construction of the North West Rail Link from Epping to Rouse Hill. This work includes the provision of six new underground stations at Franklin Road (Cherrybrook), Castle Hill, Hills Centre, Norwest Business Park, Burns Road and Rouse Hill.  Quadruplication of the existing main northern rail line will be carried out between Chatswood and St Leonards to facilitate connection of rail services from the north west to the existing rail network.

·    Completion of the South West Rail Link from Glenfield to Leppington, via Edmondson Park by 2016. This would include new stations and commuter car parks at Leppington and Edmondson Park and a new train stabling facility.

 

Comment

Construction of the heavy North West and South West Rail Links is required to service the developing North West and South West Growth Centres and is strongly supported. Construction of the South West Rail Link has commenced, however no timeframe has been indicated for the commencement of construction of the North West Rail Link.  Considerable growth has occurred in this region and construction of this rail link should commence as soon as possible.

 

The MTP rail network is heavily focused on radial transport connections to the Sydney CBD rather than connecting the five Regional Cities of Sydney that were identified in the Metropolitan Strategy.  Consideration should be given to reservation of strategic transport corridors to connect the five Regional Cities to ensure land is available to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

 

In particular, a strategic transport corridor should be reserved connecting the North West and South West Rail Links through the Western Sydney Employment Area (WSEA) and the Western Sydney Employment Lands Investigation Area (WSELIA).  These employment lands have the potential to deliver 100,000 additional jobs in the region and strengthen the vibrant and dynamic economy of Western Sydney.  Identification and reservation of this corridor should be included in the current review of the Metropolitan Strategy.

 

The MTP has recognised the construction of the Parramatta – Epping heavy rail link beyond the 10 year guaranteed funded programs could be brought forward if additional funding becomes available.  The Parramatta – Epping heavy rail link is a critical rail connection between Western Sydney and north shore employment centres (North Sydney, Chatswood & Macquarie Business Park) and should be included in the Government’s 10-year infrastructure funding program.

 

Better Bus Connections

The Metropolitan Strategy identified 43 strategic bus corridors for the Sydney region.  The MTP states that 31 of these strategic bus corridors have been fully or partially implemented to date.  Two of these strategic bus corridors link Penrith and Blacktown via St Marys and Mount Druitt and were implemented in October 2009.

 

The MTP proposes:

 

·    1,000 new buses;

·    new bus priority measures;

·    more frequent bus services and reduced journey times;

·    more bus services where people want to go including connections to our rail and ferry networks and centres; and

·    a public transport information and priority system to improve average bus speeds.

 

The MTP also identifies two future strategic bus corridors linking Penrith and Leppington, via The Northern Road and Penrith and Prairiewood, via St Clair and the Western Sydney Employment Hub.

 

Comment

The strategic bus corridors predominantly use existing roads networks and are the only north – south transport links between the Growth Centres and Penrith.  As mentioned previously, consideration should be given to reservation of strategic transport corridors between regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

 

In 1998 the NSW Government released ‘Action for Transport 2010’. That document identified the construction of a Rapid Bus Only Transitway (T-Way) between Penrith and St Marys, through the St Marys release area by 2008.  However, the T-Way has not proceeded. The T-Way would provide public transport services to the St Marys, Waterside and Penrith Lakes release areas, which have a potential for up to 9,000 dwellings.

 

The provision of adequate transport connections between residential communities, retail and commercial centres, sport centres and industrial and employment areas is fundamental to the creation of connected and socially inclusive new incoming communities within these urban release areas.  Well located urban release areas and adequately serviced public transport is critical to the proper functioning of these estates. The T-Way should be included in the Government’s 10-year infrastructure funding program.

 

The Western Sydney Employment Area (WSEA) has experienced considerable growth over the last 7 years and has now been expanded by the State Government to provide more than 2,200 hectares of employment land that has the potential to support 40,000 jobs.  Adequate public transport services are critical to the proper functioning of this area.  However, limited public transport services have been provided to date.  An express bus service should be immediately established to connect the employment area with the Main Western Rail line

 

Getting Sydney Moving

The NSW State Plan has set a target of 5% travel by bike across Sydney by 2016 for all trips less than 10 kilometres. The MTP seeks to achieve this goal through:

 

·      development of  a new NSW BikePlan in 2010;

·      additional programs to encourage cycling in Sydney;

·      construction of the missing links in the Sydney Metropolitan Strategic Cycle Network; and

·      new partnership opportunities with local government and business.

 

Comment

Whilst the 5% target is ambitious, development of the new NSW Bike Plan 2010 is supported as it will encourage cycling in Western Sydney.

 

The construction of the missing links in the Sydney Metropolitan Strategic Cycle Network will provide key bicycle routes on State roads that will link with many of the local routes identified in Council’s ‘Penrith Bike Audit 2009’.  It will also go a long way to promoting bicycle use for recreational and commuting purposes in this Region, as recommended in the PITLUS. 

 

Increasing the efficiency of the road network

The MTP recognises the importance of the road network to the movement of freight, commuting to work and recreational trips.  The MTP proposes:

 

·    an extra lane in each direction on the M5 and M2 Motorway;

·    a definition of the boundaries for a future Outer Sydney Orbital and commencement of work to preserve corridors for the Orbital;

·    the roll out of a motorway management system which optimises the existing system with off load ramps, electronic message signs, CCTV, incident detection systems and variable speed limits;

·    continued upgrades to key arterial roads;

·    a “pinch point” program to relieve bottlenecks on the road system and reduce congestion; and

·    funding to improve our connection roads across the State.

 

Comment

The importance of the road network to the creation of connected and socially inclusive communities is acknowledged.

 

The Penrith Regional City Infrastructure Strategy and PITLUS recommend a number of key actions to address inefficiencies in the existing road network to meet forecast growth within the Penrith LGA. Specifically, measures to relieve congestion in peak periods on the M4 freeway, M2 motorway and the broader arterial road network across Western Sydney.  There is also a backlog of road improvements, predominantly along the north/south routes located in the central area of the LGA that need to be addressed.  These works consist of widening and intersection improvements to Castlereagh Road, Cranebrook Road, Gipps Street and Mamre Road.  Planned growth of the City will also require road improvements predominantly along arterial routes through the City, including sections of Andrews Road, Dunheved Road, The Northern Road, Christie Street, the Werrington Arterial and Lenore Lane.  The infrastructure needs identified in the Penrith Regional City Infrastructure Strategy and PITLUS should be included in the Government’s 10-year infrastructure funding program.

 

Freight Projects

Currently freight trains have to share tracks with passenger trains on the main rail lines into and out of Sydney.  This competition for track space has led to use of curfews during which freight trains are barred or limited in operation while passenger trains are given priority.  

 

The MTP proposes:

 

·    dedicated rail freight routes through Sydney including the Southern Sydney Freight Line and the Northern Sydney Freight Line, with associated benefits for the passenger rail system;

·    improvements to the Botany and Enfield Rail yards (already funded) to support increased movement of containers from Port Botany by rail in line with the State Plan target of 40 per cent of containers by rail;

·    an investigation into time of day differential access charging reflecting the noise, vibration and pollution levels of locomotives;

·    improved roads to support efficient freight movement; and

·    closer liaison with local government, industry and the Australian Government to ensure supply chain efficiency.

 

Comment

The impact of freight movements on the efficiency of the passenger rail network is acknowledged and measures to address this conflict are supported. 

 

The Western Sydney Employment Area is a principal logistics and distribution centre for Sydney and together with the proposed Western Sydney Employment Lands Investigation Area has the potential to accommodate up to 140,000 jobs.

 

The south west rail line should be extended from Leppington to service these emerging precincts.  This should also extend to the main western rail line, providing a more effective passenger and freight service for the region.  Planning of the rail system should also include the provision of an Intermodal Freight Terminal to shift freight movements from road to rail. This infrastructure should be identified and included in the current review of the Metropolitan Strategy.

 

A Better Customer Experience

The Government is introducing MyZone ticketing products in April 2010 which is an improvement to the current ticketing situation.  The MyZone ticketing system provides a simple fare structure to make it easier to travel in and out of Sydney by private, government buses and ferries.  However, the MyZone system is still considered to be cumbersome, with the user having to calculate the best fare combination.

 

The MTP proposes:

 

·    new rolling stocks over and above the 626 Waratah carriages already committed;

·    improved access to the transport network for all passengers regardless of age or ability;

·    the roll out of an integrated electronic ticketing system, starting from 2012;

·    improved transport info 131 500 passenger communication system;

·    continued roll out of the commuter car parking program and improved passenger connections between buses and trains through upgrades to essential interchanges, at a cost of over $400 million;

·    a $57 million Commuter Infrastructure Fund to support upgrades and improvements to stations through easy access upgrades and more awnings and shelter at rail stations; and

·    increased passenger safety through Automatic Train Protection.

 

Comment

The proposed ‘MyZone’ ticketing product is an improvement which allows users the same tickets on private and Government buses.  The ‘MyZone’ system is considered to be cumbersome, with the user having to consider the best fare combination zone bands to use.  With an integrated ticketing system, the user activates the system then the system determines the price based on trip, zone, distance and frequency.

Planning the Future Transport Network

The MTP proposes:

 

·    to obtain all necessary concept and development approvals for the Sydney light rail system, the construction of the North West and South West Sydney rail links and the vital approvals for the City Relief Line;

·    in the medium term, planning for future mass transit options such as rail capacity through the CBD and across the harbour, as well as corridor protection for metros and future high capacity and freight transport options for Sydney;

·    in the long term, consideration for projects such as:

-    very fast rail

-    radial connections to centres

-    further development of dedicated freight rail network

-    regional connections.

 

Comment

There is a need for a long term MTP for Sydney that promotes affordable, efficient, customer focused and accessible public transport. That MTP should inform and be informed by the current review of the Sydney Metropolitan Strategy and updated to coincide with the reviews of the State Plan and State Infrastructure Strategy.

 

It is noted that the NSW State Plan has set an ambitious target of increasing the share of commuter trips made by public transport to and from Penrith CBD during peak hours to 25% by 2016.  The 2006 Census Data shows that 8.2% of commuter trips to Penrith CBD are made by public transport.   The MTP does not provide any insight on how this is to be achieved, delivered or funded.

 

Consideration for future planning for identifying transport corridors, radial connection to centres, regional connection and dedicated freight rail networks are consistent principles for future planning for the Sydney metropolitan area. As mentioned previously, WSEA and the WSELIA lands have the potential to deliver 100,000 additional jobs in the western region. Therefore, consideration should be given to reservation of strategic transport corridors between regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities (bus transit ways and light/heavy rail).

Conclusion

The MTP is considered to be a high level strategy rather than a detailed plan.  It provides a broad overview and 10 year funding commitment for nominated regional transport investment.  

 

The report outlines the key elements of the Metropolitan Transport Plan – ‘Connecting the City of Cities’ and provides comments on the issues that are considered necessary to support the development of Penrith in its role as a regional city.  The comments in the report will form the basis of Council’s submission to the government.

 

The report seeks Council's endorsement of a submission on behalf of Council to the Metropolitan Transport Plan.  The report recommends that the information be received and the Acting Design and Technical Advice Manager be authorised to finalise the submission and forward it to the State Government.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on the NSW Government Metropolitan Transport Plan be received.

 

2.     Council’s Acting Design and Technical Advice Manager be given the delegated authority to finalise Council’s submission on the Metropolitan Transport Plan – ‘Connecting the City of Cities’ to the State Government in terms of the comments outlined in the report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A Leading City

 

 

 

8

Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

Authorised by:             Andrew Moore, Financial Services Manager   

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

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

       

 

Executive Summary

To provide a summary of investments and banking for the period 1 March 2010 to 31 March 2010, a reconciliation of invested funds at 31 March 2010 and Agency Collection Methods as at 31 March. The report recommends that the information contained in the report be received.

 

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 March 2010.

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments for the period of 1 March to 31 March 2010 and Agency Collection Methods be received.

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

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

4.     The Agency Collection Methods as at 31 March 2010 be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

2. View

Agency Collection Methods

1 Page

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Summary of Investments

 

 

 





Ordinary Meeting

19 April 2010

Appendix 2 - Agency Collection Methods

 

 

 

 

 

 

The following is an update of the methods to make payments to Council through various agencies.

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                       Page

 

9        Penrith City Council 'Planning for an Ageing Community' Strategy

 

10      Mobile Playvan Annual Report

 

11      Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys

 

 



Ordinary Meeting

19 April 2010

A City of Opportunities

 

 

 

9

Penrith City Council 'Planning for an Ageing Community' Strategy   

 

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

Joe Ibbitson, Community Programs Co-ordinator

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

Strategic Objective: We have access to what we need

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

     

 

Executive Summary

At the Policy Review Committee meeting on 27 July 2009, Council resolved to adopt the draft ‘Planning for an Ageing Community’ strategy for placement on public exhibition for a period of 28 days.  A presentation on the draft ‘Planning for an Ageing Community’ strategy was made at the meeting and a copy of the draft documentation including the detailed strategies and actions was made available to Councillors. Council also resolved at the meeting to receive a further report on the outcomes of the public exhibition and any proposed changes to the draft documentation. A full copy of the strategy, incorporating any additions to the action plan, will be provided to Councillors after the adoption of the final strategy.

 

The purpose of the ageing strategy is to guide Council policies and identify priorities for action to best meet the needs of an ageing population.  The ‘Planning for an Ageing Community’ strategy will build on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents.

 

At the Policy Review Committee meeting where the strategy was presented, Councillors raised issues regarding the value of volunteering for older residents. Council has worked in partnership with the Nepean Community College to address this issue. Further to this, Councillors raised issues with regard to appropriate housing for older residents. A forum was held in September 2009 with a range of interested organisations and providers to promote housing opportunities for older residents in Penrith.

 

Sixteen written submissions have been received in response to the public exhibition process which was held between Monday 17 August and Monday 15 September 2009.  The respondents included individual local residents (5), representatives of government agencies (3) and aged care service providers (6) and local seniors groups (2). Details of individual submissions are contained in Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’.

 

Overall the response to the public exhibition reflected positive feedback to the ageing strategy. The majority of comments have been incorporated in the existing actions and strategies. Two comments have resulted in some minor amendments and additions to the actions.

 

The report recommends adoption of the draft strategy incorporating the proposed amendments and additions. A further recommendation proposes that a communications strategy be finalised and implemented to ensure the wide dissemination of the final report.

Background – Planning for an Ageing Community Strategy

The draft ‘Planning for an Ageing Community’ strategy is the culmination of an extensive research, investigation and consultation process.

 

By 2021, the number of Penrith residents aged over 65 years is expected to nearly double to 24,130 people, or 11.5% of Penrith’s population.   This rate of increase in Penrith will be faster than in many parts of New South Wales.  While Penrith City does not face a crisis concerning population ageing now, there is nevertheless a clear need for long term planning. 

 

The development of the strategy has followed a comprehensive consultation process with Council’s community and government stakeholders.  The strategy will also continue to build on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents. 

 

A presentation on the draft strategy was made at the Policy Review Committee meeting on 27th July 2009. At the meeting, Councillors highlighted a number of issues that were included in the strategy. These issues included the role of volunteering for older people in the community, housing opportunities for older residents and the need for a communications strategy to promote the final report.

 

Since that time, Council has collaborated with the Nepean Community College on a mini conference focusing on volunteering ‘If Only I knew….’ which was held in September 2009. In addition, a series of volunteer workshops have been developed by the college to support organisations using volunteers. The draft report includes further actions and strategies around providing more opportunities and support for volunteering by older people.

 

A Mayoral Forum, Housing Opportunities for Older People in Penrith City, was held in September 2009. The forum engaged a range of interested organisations, developers and aged housing providers to discuss the opportunities, challenges and the way forward in responding to the housing needs of older people in Penrith City.

 

The draft ‘Planning for an Ageing Community’ strategy documentation includes sections on the purpose, background and context for the development of the strategy as well as the Action Plan component comprising the actions and strategies to be implemented over the next 10+ years.

 

Public Exhibition

The draft ‘Planning for an Ageing Community’ strategy was placed on public exhibition between Monday 17 August and Monday 14 September 2009.  In addition to public displays at the Penrith Civic Centre and the St Mary Business Centre, the public exhibition process was advertised in the local press and promoted in the Mayoral column.  The exhibition material was also placed on Council’s website.   Information leaflets were sent to all local aged care organisations and individuals who participated in the community consultation process and to an extensive mailing list including the members of the Penrith Community Care Forum.

 

In response to the public exhibition process and follow up with key contacts in the aged care sector, sixteen (16) written submissions were received from five (5) individual residents, three (3) representatives of government agencies and eight (8) aged care organisations. The high level of response to the public exhibition process is indicative of the level of interest in the community about the development of the ageing strategy by Council.

 

Assessment of Submissions

Overall, the response to the public exhibition was very positive and supportive of the draft strategy.  Respondents appreciated the opportunity to comment on the strategy and congratulated Council on the recognition of the impact of a growing older population and the overall development of the strategy.  A letter of acknowledgement has been forwarded to all respondents to the public exhibition process.

 

Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’ identifies individual responses to the public submission and presents a summary of the issues raised with comments and responses. Appendix 1 indicates that the majority of matters raised in individual submissions have been assessed as being effectively addressed under appropriate actions and strategies in the Action Plan. The relevant action or strategy is identified in Appendix 1.

 

The scope of submissions was very broad, covering a diverse range of issues with transport and housing identified as the most common concerns. These issues were identified in the development of the draft strategy and have been addressed through a number of actions in the plan.

 

The following two issues were identified by representatives from the two government agencies (Sydney West Area Health Service and Ageing Disability and Home Care) as important matters in relation to the draft strategy:

 

·    The impact of climate change on vulnerable groups including older people

·    Social isolation and the development of domestic squalor 

 

Climate Change

Older people are identified in the draft strategy as a potentially vulnerable group. Council has recently undertaken the preparation of a ‘Climate Change Risk Assessment & Adaptation Action Plan’. The plan suggests that the elderly are particularly vulnerable to the impacts of climate change. The plan highlights the importance of planning and design in reducing these potential impacts and it is proposed that the incorporation of shade be considered in the planning and design of public places and facilities. Table 1 below presents the proposed addition of shade to action 4.1.3 in the draft Action Plan.

Social Isolation

The importance of identifying groups at risk of social isolation has been clearly identified in the draft strategy. These groups include people living alone, in rural communities, older people with disabilities, ageing carers and older people from CALD (culturally and linguistically diverse) backgrounds as well as older Aboriginal and Torres Strait Islander people. This is becoming a concern in a growing number of local government areas with several metropolitan councils commencing pilot studies and surveys about the issue.

It is proposed that an additional strategy responding to issues of social isolation in the community is included in the endorsed ‘Planning for an Ageing Community’ strategy. Table 1 below presents the proposed additional action in the draft Action Plan. It should be noted that action (currently 4.4.2) in the plan provides for Council to ‘enhance support to community organisations working with isolated older people’.

 

Table 1:     Planning for an Ageing Community - Proposed Additions to Action Plan

Penrith principle 5 – Build on the characteristics of ecosystems in the development and nurturing of a healthy and sustainable city

 

Objective 5 (i) Our built environment supports well communities

 

Priority Theme 4:  Create local communities that support active ageing

 

Strategy

Actions

Service/external partnership

Responsible Manager

Timeframe

C/s/m/l

4.1 Develop and implement strategies and policies that support age-friendly built environments

4.1.3  Explore incorporation of seating, shade, resting places and Stop and Drop zones in the design of public spaces and facilities within the Penrith City Centre

Service

DTAM/MPM

C

4.4 Promote social interaction and sense of community for older people through neighbourhood design and facilities

New Action

4.4.2 Monitor the impact of social isolation amongst older people in the community

External partnership

CCDM/EHM

C

Legend:   C=current, s=short-term (1-2 years), m=medium-term (2-5 years) and l=long-term (5-10 years)

 

Some further investigations are being undertaken by Council in response to specific requests and suggestions made in individual submissions. These are identified in Appendix 1 - ‘Draft Planning for an Ageing Community Strategy – Summary of Responses to Public Exhibition’ A detailed response to each submission will be prepared following the adoption of the final strategy and the outcomes of these investigations.

 

It is proposed that the draft report with the identified additions and amendments be adopted by Council and that a communications strategy be finalised and implemented to ensure the wide distribution of the final strategy. This will include a Mayoral launch of the strategy.

 

Summary

 

The draft ‘Planning for an Ageing Community’ strategy is the culmination of an extensive research, investigation and consultation process. The strategy builds on the current work that Council undertakes in supporting older people and promoting an active and healthy lifestyle for Penrith’s growing number of older residents. 

 

Council received sixteen written submissions following the public exhibition of the draft documentation in late 2009. The majority of responses were very positive and supportive of the draft strategy. Two minor amendments and additions have been made to the draft documentation in response to suggestions about the impact of climate change and potential social isolation in relation to older people.

 

The report recommends the adoption of the draft strategy with the identified minor amendments and additions. The report further recommends the development of a communications strategy to ensure the wide distribution of the final report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith City Council 'Planning for an Ageing Community' Strategy be received.

2.     The draft ‘Planning for an Ageing Community’ Strategy be adopted with the amendments and additions as identified in the report.

3.     A communications strategy be developed and implemented to ensure the wide distribution of the final strategy report.

 

ATTACHMENTS/APPENDICES

1. View

Draft Planning for an Ageing Community Strategy - Summary of Responses to Public Exhibition

5 Pages

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Draft Planning for an Ageing Community Strategy - Summary of Responses to Public Exhibition

 

 

 






Ordinary Meeting

19 April 2010

A City of Opportunities

 

 

 

10

Mobile Playvan Annual Report   

 

Compiled by:                Amanda Collins, Mobile Playvan Co-ordinator

Authorised by:             Janet Keegan, Children's Services Manager Operations   

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 operation of the Mobile Playvan service during 2009.

The report recommends that the information be received and that Mobile Playvan staff be congratulated on the outcomes achieved. 

 

Background

The Mobile Playvan service has been in operation since 7 June 1982.  This valuable and unique service offers families a free play session facilitated by trained early childhood professionals. The Mobile Playvan is an important service for families in the Penrith LGA, and provides families with a free activity to attend on a regular basis. The service distributes essential information to families and is a soft entry service that enables families to have a positive experience with a children’s service, gain parenting information and support, and building informal social networks with other families in their local community.

 

The service provides a hub of information, including referral and specialist information, parenting support, community services information, and health and development information. The service empowers parents to be proactive in the care and education of their children. The Playvan service supports parent health and wellbeing and is a service that is managed internally by the Children’s Services Department.

 

Venues in 2009

The Mobile Playvan visited seven different locations around the Penrith LGA on a weekly basis during 2009. The venues that were serviced are listed below:

 

Monday

9.30am

Wallacia - Fowler Reserve, Silverdale Road

Tuesday

9.30am

Cranebrook - Andromeda Drive Community Centre, opposite Corpus Christi Primary School   

 

12.30pm

Claremont Meadows - Cedar Park, between Primrose Circuit and Sunflower Drive

Wednesday

9.30am

North St Marys -  North St Marys Neighbourhood Centre Debrincat Avenue

 

12.30pm

Glenmore Park  - Public Reserve, between Glengarry Drive and Torquay Terrace

Thursday

9.30am

Glenmore Park - The Public Reserve, Muru Drive

Friday

9.30am

Claremont Meadows  - Community Centre Sunflower Drive

 

Future venues for the Mobile Playvan service will be determined through a planning process in 2010.  The service does not guarantee to stay in a particular location for any length of time and this is determined by utilisation, other services developing and operating, demand in new release areas, etc.

 

 

 

 

 

 

 

 

 

 

Outcomes for the service

The service aims to fulfil the following outcomes:

1.   Assist families (both parents and children) to develop social networks;

2.   Support families in parenting role (including positive parent child interactions);

3.   Improve access to parenting information;

4.   Promote positive learning experiences for children;

5.   Support transition to school and other children’s services.

 

These outcomes are regularly evaluated through indicators, data gathering tools, staff evaluation and photographic evidence.

 

Council officers have reported positive outcomes for parents through improved parenting skills and increased positive interactions with children.  This has been evident through informal conversations and staff observations.

 

Parent education packs were distributed on topics such as numeracy and literacy, starting school, language development, guiding behaviour and developing healthy eating habits. Monique Desmarchelier, Council’s Healthy People Partnership Officer, attended two Playvan sessions to assist with education on choosing healthy snacks and meals for children.

 

Each new family to the service is given a welcome bag on arrival to the service which includes a range of information on services in the community, childcare services, and topics such as sun protection, parenting groups and road safety. During 2009 over 143 welcome packs were distributed to new families.

 

 

 

 

 

 

 

 

 

 

 

Utilisation in 2009

During 2009 strong attendance patterns continued, some sessions grew considerably while others remained stable. During the year, 237 sessions were held with an average of 13 parents and 17 children attending each session. This includes figures from Children’s Week activities held at our regular sessions where staff noted a significantly higher attendance during that week. Over 240 individual families have attended the sessions throughout the year

 

Mobile Playvan Staff

Council officers attended a range of professional development opportunities in 2009.  All staff were able to attend an annual conference specifically designed for mobile services, which was held in Rooty Hill for three days. This conference gave the staff the opportunity to network with other services across NSW and share information and resources from a mobile service perspective.

 

Partnerships with other organisations

Council officers have maintained strong links with Mission Australia who have continued to provide a worker on a fortnightly basis to the session at North St Marys. In 2009 a worker was also available from Mission Australia to attend Claremont Meadows on a weekly basis to support families and assist staff as this can be one of the largest sessions. This partnership has given the families in both areas access to a range of family services and training and also allows the parents to connect directly with this service.

 

Staff were also involved with the Paint the Town REaD promotions and attended two events to assist with the promotion of this beneficial initiative showing support through the provision of activities at Oxley Park and South St Marys.

 

The Mobile Playvan Coordinator has continued to attend groups such the Nepean Child and Family Forum and the Claremont Meadows service provider group.  Both of these groups enable staff to keep up-to-date with services and with current issues that are relevant to families in the LGA. It also assists Council officers in keeping up-to-date with new initiatives in the LGA that are beneficial for families.

 

 

 

 

 

 

 

 

 

 

Involvement in events in the LGA

Children’s Week

The Mobile Playvan staff team were involved in delivering Children’s Week activities across the LGA during this national event on 26-30 October. During this week over 320 children and their families took part in the celebration.

 

A diverse range of community services were involved in Children’s Week events. These services included:

 

Community Access Care Pair               Brighter Futures/Community Services (formerly DoCS)

Community Health                                The Sustainability Unit

Playgroups NSW                                 Mountains to Meadows Mobile Preschool

Connecting Cranebrook/SPYNS          TAFE NSW

Penrith City Council Library services – toy library and story time staff

Penrith City Council Healthy People Partnership Officer

 

 

 

 

 

 

 

 

 

Events and activities for children and families were held in the following locations:

      

Monday            -        Wallacia – (cancelled due to rain) - rescheduled and held on Monday 23 November

             Tuesday            -        Cranebrook shopping centre

                                                St Marys Library

Wednesday       -        Civic Centre in front of Joan Sutherland Centre              

             Thursday -        Glenmore Park – Blue Hills

             Friday               -       Claremont Meadows     

 

Due to rain the Wallacia event was postponed, and staff held a fun day for families on 23   November to ensure families experienced similar activities including a farm for their session. The local primary school attended with kindergarten children, which was a great opportunity for families to connect with their local school.

 

Council Family Fun Day

The Mobile Playvan staff were involved in planning and setting up the area for Children’s Services which was highly successful with many families taking part in the planned activities and accessing information about Council’s children’s services. Staff distributed story books to families to encourage literacy at home and foster positive early reading habits with parents and children. Several bilingual books were distributed to families who spoke more than one language. The day proved to be very successful for the promotion of Council’s children’s services.

 

Rock at the Weir

Playvan staff attended the Rock at the Weir celebrating the centenary and 50th anniversary of Penrith as a city, providing a range of activities for children. Staff were able to promote Council’s children’s services and engage with the community in an atmosphere that was family friendly and enjoyed by all who attended.

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary

 

The outcomes achieved by the Mobile Playvan service in 2009 is the culmination of a lot of hard work by Council staff involved in the service. The service builds on the work that the Children’s Services Department undertakes in supporting families with young children and promoting the importance of the early years.  

 

RECOMMENDATION

That:

1.      The information contained in the report on Mobile Playvan Annual Report be received.

2.       The Mobile Playvan staff be congratulated on outcomes achieved in 2009.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

19 April 2010

A City of Opportunities

 

 

 

11

Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys   

 

Compiled by:                Katerina Tahija, Youth Development Officer

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

Strategic Objective: We have access to what we need

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

       

 

Executive Summary

The Don Bosco Youth and Recreation Centre, St Marys has a long history of providing activities for young people and the community of Penrith. Council has been a long standing supporter of the Centre since its inception. 

 

The Don Bosco Centre is a well utilised facility and continues to be very well attended offering a broad range of activities for young people and the community. The facility attracts a diverse range of community and school groups, including disability groups, sports groups and youth groups.

 

The Centre provides Friday night and weekend activities which are very well attended by young people. The Centre’s 2009 Audit Report demonstrates that the facility is well utilised and continues to be a popular site for young people. This information is supported by recent engagement activities with young people and families that has confirmed the Centre as an important asset in the St Marys community. 

 

This report recommends continuation of Council’s funding contribution for the Don Bosco Youth and Recreation Centre. This report recommends a further 5 years of funding and a renewal of the terms of the current partnership contract between Council and the Salesians of Don Bosco.

 

Council’s ongoing financial contribution to the Don Bosco Centre supports the continued delivery of accessible recreation activities to young people and the community.

Background

In 1992 Council leased land in Mamre Road, St Marys to the Salesians of Don Bosco to build a centre aimed at meeting the recreational and social needs of young people in the Penrith area.  Conditions of the lease, in relation to the provision of service to the community, included that the proposed centre be accessible and affordable to the community. The land was offered at a token rent for 75 years and Council agreed to pay any land rates for the site.

 

In addition to this Council provided a lump sum of $100,000 towards the construction of the Don Bosco Youth and Recreation Centre.

 

Also in 1992, Council agreed to make an indexed annual contribution for five years of $25,000 towards running costs and equipment.  The conditions of this deed of agreement related to how the payment would be indexed, paid and reviewed by Council.  The deed outlined that Council, following an agreed upon procedure, may increase, decrease or cease any such payments following a review.

 

This contribution has been reviewed in both 1996 and 2004, with Council receiving information on the ongoing operation of the Centre. In 2004, Council endorsed the continuation of the contribution followed extensive investigation of possible alternative funding arrangements or a differential fee arrangement for local residents.

 

The results of the investigation found that alternative ongoing funding sources were not available as funds were already fully committed to other projects, were of a short term nature or a one off contribution only.  The introduction of a differential fee system would be in addition to already operating fee structures and would be against the Salesian Society philosophy of providing a service for all young people in an equitable way.

 

The high utilisation, the popularity of the Centre amongst young people and the extensive use of the Centre by schools, disability/community groups supported that Council continue to provide funding. 

 

The 2004 report recommended that Council continue to provide a funding contribution to the Don Bosco Centre for a further 5 years. In addition, it was recommended that the new agreement would take the form of a new legal contract with provisions that allowed the changing of terms if either party had reason to do so.

 

Following the reporting of the results to Council, the 2002-03 annual recurrent financial contribution to the Don Bosco Centre ($33,113.21, exclusive of GST) was adopted as the base contribution for this five year agreement. Council’s ongoing financial contribution to the Don Bosco Centre supports continued delivery of accessible recreation activities to young people and the community. This agreement is now expired and ready for renewal.

 

Don Bosco Centre Current Operation

The Don Bosco Centre continues to be a highly utilised and popular service. Located on Mamre Road, St Marys and part of the St Marys Corner Community and Cultural Precinct, the Don Bosco Centre is well placed to assist with the continued activation of this area.

 

The Centre provides both individual and team activities, involving families and a wide range of residents.  The philosophy of the Centre is to enrich the lives of all young people, with a focus on those most in need. The aim is to provide a range of interesting, healthy and enjoyable activities to build confidence and self esteem.

 

A representative from the Centre currently participates in the St Mary’s Corner Community and Cultural Precinct Reference Group and it is envisaged that there will be ongoing opportunities for the Don Bosco Centre to engage in precinct activities.

 

Representatives from the Centre are also active in the youth sector, participating in a number of networks including Penrith Youth Interagency, a monthly forum convened and resourced by Council’s Youth Development Officer. The Centre also participates in joint activities with other youth organisations to provide activities for young people.

 

Activities of the Centre

The Don Bosco Youth and Recreation Centre is a purpose built facility that provides a broad range of activities. Activities provided include trampolining, soccer (indoor/outdoor), tennis, table tennis, volley ball, basketball, skateboard/scooters, billiards, cricket, indoor games and movies.

 

The Centre provides free Friday night drop in for young people which attract approximately 200 participants per session.

 

The Centre also provides weekend family activities and school holiday programs for the community. Feedback from residents and young people during recent Neighbourhood Renewal Activities in St Marys has indicated a high level of knowledge of the Centre and engagement in Centre activities. Many young people indicate that the Don Bosco Centre is something they value about St Marys.

 

Centre Usage

As recorded in the Centre’s 2009 Audit Report, the usage of the facility for the 2009 calendar year was as follows:

 

1.   Young People - approximately 70,000 for the year, averaging 1346 per week.

 

2.   Groups - there were 118 groups using the Centre including primary schools, high schools, youth groups, disability groups, vacation care, sports groups and business groups. Many groups use the Centre on a weekly basis.

 

3.   Private parties - there were over 300 birthday parties.

 

These numbers reflect the high usage of the Don Bosco Centre, with the Centre reporting that the majority of young people and groups come from within the Penrith LGA.

 

Current Youth Recreation Services Funding Environment

There has been very little change in funding availability for youth recreation services in the past few years. The small amounts of available grants are often one off amounts only and are highly competitive. Most importantly, new funding generally does not fund ongoing existing core services.

 

There has been a substantial refocus of Federal Government funding for youth projects which has impacted on the provision of recreation based services across the City. The Department of Education, Employment and Workplace Relations (DEEWR) that previously funded the YouthLinx program, funding that contributed to both the Glenmore Park Youth Service and the South Creek Mobile Youth Service, no longer exists. The focus for Federal funding has turned to education and training support. A memorandum was sent to Council on 24th December 2009 informing Council of this change.

 

This memorandum provided a context to the refocus of funding from recreational based programs to education based programs. In the COAG (Council of Australian Governments) National Partnership Agreement on Youth Attainment and Transition, there is a National Youth Participation Requirement that young people are required to continue education, employment or training activities until age 17.

While there is a need for young people to have additional support to attain their Higher School Certificate, engage in training or commence employment, this refocus of funding has further cut back access to recreational services for young people.

 

The need for accessible recreation activities is often identified during consultations with young people. Both the Penrith City Council Youth Summit 2009 and the Penrith Youth Interagency Action Plan 2010 clearly identified and prioritised the need for accessible, affordable and appropriate recreational activity.

 

The continued funding of the Don Bosco Youth and Recreation Centre is in accordance with data that identifies the need for ongoing recreational activities for young people. Further to this, the Don Bosco Centre is often a point of contact for young people and a place of safety and connection to the local community.

 

Council’s Funding Contributions toward other Youth Projects

Council provides funding contributions to 7 identified youth services to support ongoing recreational services to young people, as reported to the Ordinary Meeting of Council on 1st June 1998.

 

This funding is provided as a reimbursement for school holiday program costs and must be applied for by individual services.  There have been significant changes to the funding and operation of these youth services in recent months. Therefore a review is being undertaken by Council of the school holiday program contributions to identify the most equitable and sustainable way to support the provision of recreational activities for young people in the City.

 

Council also provides accommodation for a number of youth services and provides assistance with utility payments and building maintenance.

 

Council’s Future Funding Contributions

Council has supported the Don Bosco Youth and Recreation Centre since its start in 1992. Council’s ongoing support has been significant and has contributed to the ongoing accessible and affordable programs that are available through the Centre. The programs provided at the Centre are highly popular and attract a broad range of young people from across the City.

 

It is recommended that Council commence discussion with representatives of the Don Bosco Youth and Recreation Centre to initiate a further five year funding contribution similar to that already in place.

 

Council’s ongoing financial contribution to the Don Bosco Youth and Recreation Centre will play a significant role in supporting the continuing provision of recreational services to young people in Penrith City.

 

In the renewal of a funding agreement with Don Bosco, there is a requirement that an annual report including data on usage be submitted to Council prior to that years contribution being processed.

 

Council can at any time request further information to do with the use of the funding contribution if required.

 

Financial Services Manager’s Comment

Council has a long history of providing funding to the operations of the Don Bosco Youth and Recreation Centre. Usage statistics for the 2009 calendar year demonstrate that the centre is well utilised, providing an essential youth and recreation venue for the area. Council’s annual contribution forms part of the base budget and accordingly funding of $33,200 (ex GST) for the 2009-10 contribution is included in the 2009-10 Operational Plan.  Future Operational Plans will continue to include this contribution as part of the base budget.

 

Conclusion

The Don Bosco Youth and Recreation Centre, St Marys has a long history of providing activities for young people and the community of Penrith City. Council has been a long standing supporter of the Centre since its start in 1992-93.

 

Council’s ongoing financial contribution to the Don Bosco Centre supports the continued delivery of accessible recreation activities to young people and the community.

 

The Don Bosco Centre is a well utilised facility and continues to be very well attended and offers a broad range of activities for young people and the community. The facility attracts a diverse range of community and school groups, including disability groups, sports groups and youth groups.

 

The Centre provides Friday night and weekend activities which are very well attended by young people. The Centre’s 2009 Audit Report demonstrates that the facility is well utilised and continues to be a popular site for young people.

 

A financial contribution of $33,200 is included in the Operational Budget for this financial year. Future Operational Plans will continue to include this contribution as part of the base budget.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Funding Contribution for Don Bosco Youth and Recreation Centre, St Marys be received.

2.     Council commence negotiations with the Don Bosco Youth and Recreation Centre at St Marys to renew the partnership service deed of agreement that clearly outlines the annual reporting requirements of the Don Bosco Centre, and that this agreement be for the period 2009-10 to 2014-15.

3.     The annual recurrent financial contribution to the Don Bosco Centre of $33,200 (exclusive of GST) be adopted as the base contribution for this five year agreement.

 

 

4.     The new agreement continue to include a clause stating that Council’s financial contribution can be reviewed, following an agreed upon procedure, at any time and may increase, decrease or cease following the review.

5.     The renewed agreement be developed consistent with this report to the satisfaction of Council’s Community and Cultural Development Manager and Legal Officer.

6.     The Common Seal of Penrith City Council be affixed to all necessary documents.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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A Green City

 

Item                                                                                                                                       Page

 

12      Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives

 

13      Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo. Applicant: Planning Options Australia Pty Ltd;  Owner: Anna Maria W Pennings, Kristine Joanne Monsieur & Paul Anthony Monsieur DA09/0148

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

 

14      Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith. Applicant: Cityscape Planning & Projects;  Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd DA07/1570

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

 

15      Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood. Applicant: Tim Harrington;  Owner: Paul Blissett & Lynda Conroy DA10/0034

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

 

16      Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington. Applicant: Phillip Neville;  Owner: Teldraw Pty Ltd and Paul Burgess DA09/1225

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

 

17      Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows. Applicant: Jahangir Shamsabad and Charlene Shamsabad;  Owner: Jahangir Shamsabad and Charlene Shamsabad DA10/0026

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

 

18      Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP73768 (No. 101) Ladbury Avenue, Penrith . Applicant: Freeburn Surveying;  Owner: Mr & Mrs Nielsen & Ms I Georgakopoulos DA09/0960

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

 

19      Section 96 Application DA06/1014.05 for the Retention of the Existing Southern Access Driveway at Corpus Christi Primary School at Lot 1 DP 1144668 (No. 86 - 94) Andromeda Drive, Cranebrook. Applicant: Catholic Education Office;  Owner: Trustees of the Roman Catholic Church DA06/1014.05

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

 

20      Review of Development Applications Processed in Llandilo

 

 


Ordinary Meeting

19 April 2010

A Green City

 

 

 

12

Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives   

 

Compiled by:                Anthony Price, Acting Environmental Health Manager

Adrian Estreich, Team Leader (Environment)

Authorised by:             Anthony Price, Acting Environmental Health Manager   

Strategic Objective: Our natural habitats are healthy

Strategic Direction: The City’s catchments are healthy

       

 

Executive Summary

Funding for the Londonderry and Agnes Banks Sewerage Scheme was announced in March 2009 under the Sydney Water Priority Sewerage Program (PSP).

 

Work on the Scheme commenced in July 2009 and it is estimated that connections will be available to residents in rural villages in Agnes Banks from July 2010 and in Londonderry from December 2010.

 

Council actively implemented incentives to encourage property owners to connect to the previous Mulgoa and Wallacia PSP Scheme. Following on from the high success and connection rates of 94% experienced in that Scheme, it is once again proposed that a number of incentives be implemented by Council to encourage property owners to connect to the Londonderry and Agnes Banks Scheme. These include:

 

1.   Council offering residential property owners within the Scheme area the final pump out of existing septic tank free of charge  provided the sewer is connected within 12 months of it becoming available (this is required as part of the decommissioning of the old on-site system prior to connection to the Scheme).

 

2.   Discontinuing of the current subsidy for sullage collection (pump out) services after the sewerage Scheme has been available to a property for 12 months.

 

The Londonderry and Agnes Banks Scheme will provide the community with significant environmental health and social benefits. Historically, on-site sewage management systems in rural villages have greater potential to pose environmental and public health risks (i.e. from system failures and illegal discharges where untreated effluent enters the stormwater system, waterways or impacts on adjoining residential properties). The connection of properties to the Scheme in Londonderry and Agnes Banks rural villages will result in improved environmental and public health outcomes for the community.

 

This report recommends the adoption of incentive measures to encourage residents to connect to the Scheme.

Background

Funding for the Londonderry and Agnes Banks Sewerage Scheme was announced in March 2009 under the Sydney Water Priority Sewerage Program (PSP). This area was given priority under this program because of its location within the Hawkesbury Nepean Catchment. In addition, the Scheme will have significant environmental health and social benefits to be achieved by the reduction in potential for untreated effluent entering waterways or being disposed of inappropriately.

 

The Scheme represents a significant investment in improving the quality of the environment and reflected the committed effort of Council in lobbying for the inclusion of this area in the Priority Sewerage Program.

 

A ‘Pressure System’ is being delivered by Sydney Water for this Scheme, which is different to the ‘Gravity System’ used in the Mulgoa and Wallacia rural villages. The pressure system relies on a small in-ground tank installed on each property which collects and feeds the effluent into the main sewer line under pressure. The in-ground tank, otherwise known as a pressure sewerage system holding tank, is installed and maintained by Sydney Water. The property owner is only responsible for the works from the in-ground tank to the house (and associated plumbing upgrades if required). As such, this type of system provides a cheaper alternative to the residents than a traditional ‘Gravity System’.

Update on Construction Works

Sydney Water is currently completing the main sewage pipes and boundary connection points for Agnes Banks. This work is due to be completed within the next few months. Work on the main sewage pipes and boundary connection points for Londonderry is due to commence in March 2010. (See attached maps of the Scheme area - colour copies will be provided to Councillors under separate cover).

 

It is estimated that the installation of the individual pressure sewerage system holding tanks in Agnes Banks will commence in the next 6 to 8 weeks with connections to the Scheme being available by July 2010.  The individual pressure sewerage system holding tanks for Londonderry will commence around August 2010 with connections to the Scheme being available by December 2010.

 

There will be a period of time between the installation of the pressure sewerage system holding tanks and connections becoming available on each property. Approximately 2.5 cubic metres of soil will be generated by excavations on individual properties. This material will typically be retained in an appropriate location on properties for future use in the decommissioning (filling in) of old tanks. If contaminants are identified in the soil they will be removed and disposed of by Sydney Water.

 

Council officers have been involved in meetings with Sydney Water (PSP) representatives to address any temporary impacts that may be experienced during construction works. In addition, the Environmental Health Department is involved in plumber and community information sessions when they are arranged by Sydney Water.

Encouraging Early Connection

Council has recently experienced a high level of success with connections to the Mulgoa and Wallacia Sewerage Scheme. The connection rate in those suburbs was 94%, which is considerably higher then those experienced in other Schemes. This success was due to Council’s commitment to work with Sydney Water and the community to encourage early connection. Incentives implemented as part of that Scheme included Council providing residents with a free final pump out of their existing septic tank. In addition, Council advised residents that it would discontinue the subsidy for sullage collection (pump out) services after the sewerage Scheme had been available to a property for a period of 12 months.

 

It is proposed to implement similar incentives to encourage early connections for properties to the Londonderry and Agnes Banks Scheme. These include:

 

1.   Council covering the costs of the final pump out (including solids removal) for the existing septic tank on residential premises connecting to the Scheme within the first 12 months of connections being made available. This service will be offered during the normal business week. The costs for these pump outs are expected to be in the order of $398 per premises. This pump out is required before Sydney Water will approve connection to the sewer. It is estimated that the total cost of these pump outs will be $55,000. This initial cost will be covered through Council’s Sullage Reserve and will be recovered by the future savings if Council discontinues the subsidies discussed in the following point.

 

2.   Withdrawal of the current subsidy for sullage collection (pump out) services after the sewerage scheme has been available to a property for 12 months. Council currently provides a substantial subsidy of approximately $2,036 per annum for each property that requires a pump out service. The withdrawal of this subsidy will make connection to the Scheme the best remaining economical option.

 

3.   Council Environmental Health Officers continue to work with Sydney Water’s Community Communication Officers and residents to encourage connection to the Scheme.

Waste and Community Protection Manager’s Comment

The final pump out of septic tanks (residential) under the Mulgoa and Wallacia Sewerage Scheme was performed by Council’s contractor Remondis at an agreed rate. Remondis have again offered a discounted rate ($398 per service for 1.25 hours on site plus $92/hour thereafter) to perform the services in Agnes Banks and Londonderry provided Council is invoiced directly (in lieu of property owners) for this service. Council’s effluent disposal facility adjacent to the sewerage treatment plant in Castlereagh Road Penrith will be used to dispose of the septic waste. Sydney Water has granted conditional approval for the disposal of septic solids at this facility while the free pump out service is available.

Financial Services Manager’s Comment

Council received a special rate variation of 1.32% in 2004-05 to subsidise those households not having access to sewerage services. The purpose of the subsidy was to redress inequity of access to sewerage services and also to assist in limiting the amount of potential environmental damage caused by illegal pump outs. Funding provided for sullage services in villages not connected to sewer for the special rate rise in 2004-05 is increased annually by the Ministerial rate rise.  As more households are connected to the sewer the subsidy required will decrease. Following discussions with the Department of Local Government it was determined that Council would retain the current special rate rise and redirect any savings to the Sullage Reserve to fund environmental enhancement projects across the city.

 

The Sullage Reserve is estimated to have a closing balance of $145,037 at the end of June 2010 and $77,113 as at June 2011.  Each year the Reserve is increased to maintain the subsidy and funds are allocated from the Reserve to environmental enhancement projects that had previously been funded from general revenue.  Sufficient funds are available in the Reserve to cover the cost of the final pump out for the existing septic tanks on residential premises which is estimated to be a minimum of $55,000.  However, based on 10-year projections for the Sullage Reserve the funding of final pump outs from the Reserve as proposed in this report may require a review of those projects currently funded from the Reserve in future years.

Conclusion

The Londonderry and Agnes Banks Priority Sewerage Scheme will provide the community with significant environmental health and social benefits. Historically, on-site sewage management systems in rural villages have greater potential to pose environmental and public health risks (i.e. from system failures and illegal discharges where untreated effluent enters the stormwater system, waterways or impacts on adjoining residential properties). The connection of properties to the Scheme in Londonderry and Agnes Banks rural villages will result in improved environmental and public health outcomes for the community.  The proposed connection incentives are considered an essential component to ensure the success of the Scheme.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Sydney Water Priority Sewerage Program (Londonderry & Agnes Banks) and Proposed Scheme Connection Incentives be received.

2.     Council cover the cost of the final pump out of septic tanks (including solids removal) at the rates quoted by Remondis. The free service for final pump outs provided to residential premises connecting to the Scheme within the first 12 months of connections be made available by Sydney Water, with funding for this service to be provided from the Sullage Reserve.

3.     The current subsidy for sullage collection services (pump out) be withdrawn after the sewerage Scheme has been available for connection to properties for a period of 12 months.

 

ATTACHMENTS/APPENDICES

1. View

Maps of the Scheme Area

2 Pages

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Maps of the Scheme Area

 

 

 



Ordinary Meeting

19 April 2010

A Green City

 

 

 

13

Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo  Applicant:  Planning Options Australia Pty Ltd;  Owner:  Anna Maria W Pennings, Kristine Joanne Monsieur & Paul Anthony Monsieur    

DA09/0148

Compiled by:                Ashlee Cutter, Trainee Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

       

 

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

Executive Summary

Council is in receipt of a development application for the subdivision of an existing lot into two Torrens title lots. There is an existing detached dual occupancy located on the site and the proposal would result in a single dwelling remaining on each proposed lot. The site is identified as bush fire prone and the application was referred to the Rural Fire Service (RFS) in accordance with Section 100B of the Rural Fires Act 1997.

 

The application seeks a variation to the lot size requirement within under Penrith LEP 1991 (Rural Lands) from the minimum of 40 hectares to 2.15h and 2.6h, by way of an objection under State Environmental Planning Policy No.1 “Development Standards” (SEPP 1).

 

As the proposal seeks a variation to the development standard that is greater than 10%, the application is to be reported to in accordance with the NSW Government Department of Planning’s Planning Circular (reference No. PS 08-014). 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.

The applicant has chosen to lodge an objection to the minimum lot size in order for Council to determine the application rather than wait for the gazettal PLEP 2008.

Site and Surrounds

The subject site is situated on the northern side of Fourth Avenue at its intersection with Mayo Road, Llandilo. The site is triangular in shape and approximately 4.75 hectares in area.

The site is currently occupied by a detached dual occupancy development as approved under delegated authority on 13 April 2002 in consent No. 02/0449. That application involved the construction of a single storey 4 bedroom home located approximately 80m from the existing dwelling. These residential dwellings currently have separate driveways which gain access off Mayo Road, Llandilo.

A transmission easement approximately 15 metres wide is located along the western boundary. (See Locality Plan in Appendix No. 1)

 

The surrounding area is characterised by low density rural residential development comprising single residential dwellings.

The Proposed Development

A Torrens title subdivision of Lot 4 DP 571754 (No 14) Fourth Avenue Llandilo to form two lots is proposed (refer to plan of subdivision Appendix No. 2). Proposed Lots 41 and 42 are to be serviced by existing separate driveways fronting Mayo Road. The proposed area of the lots is as follows:

 

Lot No

Area

Minimum Lot Size

% Variation

41

2.15 Hectares

40 Hectares

94.6

42

2.6 Hectares

40 Hectares

93.5

 

The proposed lots would accommodate the existing dwellings each on a separate lot. An objection under State Environmental Planning Policy No.1 - Development Standards (SEPP No.1) has been submitted with the application in regard to the 40 hectare minimum lot size under the LEP.

 

The application was accompanied by:

 

-   Proposed Plan of Subdivision prepared by Planning Options Australia dated January 2009;

 

-   Statement of Environmental Effects incorporating a SEPP 1 objection prepared by Planning Options Australia dated January 2009;

 

-   Bushfire Assessment Report prepared by Abel Ecology dated 30 June 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)

Penrith Local Environmental Plan No. 201 (Rural Lands)

The subject site is zoned 1(a) (Rural “A” Zone – General) under Penrith Local Environmental Plan (LEP) 1991 (Rural Lands.  The proposed development is defined as Torrens Title subdivision, which is permissible with the consent of Council.

 

The relevant objectives of the 1(a) (Rural “A” Zone – General) are:

 

(a)     to protect and enhance the scenic quality and rural character of the locality; and

 

(b)     to ensure that development is compatible with the environmental capabilities of the

land and to encourage the conservation and enhancement of natural resources by

means of appropriate land management techniques; and

 

(e)     to ensure that development does not create unreasonable demands, now or in the

future, for provision or extension of public amenities or services; and

 

(f)      to ensure that traffic generating developments are suitably located so as not to

adversely affect the safety and efficiency of roads; and

 

(i)      to ensure that views from main roads and the rural character of the locality will not be adversely affected; and

 

Comment:

The proposed subdivision is consistent with the zone objectives. The development is compatible with the environmental capabilities of the land will not impact on any views from main roads and other vantage points in the locality. The subdivision will merely result in a formal recognition of separate titles on the site.

 

The development is not considered to create unreasonable demands on public amenities or services as it will use the existing services and road network.

 

Clause 11

Clause 11 of the LEP states that each allotment to be created by subdivision is not less than 40 hectares in the case of land zones within 1(a). The proposed development involves the subdivision of lot 14 into 2 lots with minimum lot size of 2.15 Hectares and 2.6 Hectares and the application is accompanied by a SEPP 1 objection.

 

State Environmental Planning Policy No. 1 – Development Standards

The proposed development does not comply with Council’s development standard relating to the minimum lot size. In this regard, Clause 11 of Penrith Local Environmental Plan (LEP) 1991 (Rural Lands) stipulates that in the 1(a) (Rural “A” Zone – General) zone the minimum lot size to be created by subdivision is 40 Hectares. The proposed development involves the subdivision of lot 14 into 2 lots with minimum lot size of 2.15 Hectares and 2.6 Hectares, representing a proposed variation from the relevant development standards of 94.6% and 93.5% respectively.

 

The application was supported with a written objection to the development standard contained in Clause 11 of Penrith LEP 1991 (Rural Lands) under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Councils to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

 

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:…

 

(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, or the distance of any land, building or work from any specified point,…

 

Based on this definition, it is considered that Council’s requirements relating to the minimum lot size of a site can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

 

Minimum Lot Size

The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum lot size of a site in the 21(a) (Rural “A” Zone – General) zone is reproduced below.

 

§ The site is located on the fringe of the village of Llandilo between a range of allotments which have areas similar to those which are being created by this application;

§ The site has not been identified as being within an area that has any cultural, heritage, aesthetic or environmental significance;

§ The site is located within an area that is generally rural residential in character with single dwellings on separate parcel of land being the predominant feature of the landscape;

§ The proposal will not create any new allotments on which single dwellings can be erected;

§ The proposed development will provide an opportunity for the continued development of affordable housing within the suburb of Llandilo and surrounding locality; and

§ The reduced lot size would be consistent with the present use of the site.

 

Comment:

The minimum lot size provisions are a development standard and under the provisions of SEPP1 may be varied with the concurrence of the Department of Planning. The concurrence of the Director – General is required because the proposal involves new allotments with greater than 10% departure from the development standard.

 

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.

 

A planning assessment of the proposed development reveals that although the proposed subdivision provides lots below the minimum lot size allowed under the current zone provision it is considered to meet the objectives of the 1(a) zone under Penrith Local Environmental Plan No. 201 (Rural Lands). Although the application does not comply with the relevant development standard, the SEPP 1 objection submitted by the applicant demonstrates the proposal is consistent with the objectives of the zone and that the development standard is not compromised.

 

The lot sizes proposed are not inconsistent with the lot pattern in the general locality with most lots being of similar size. Contextually, the proposal is not inconsistent with the general character of the immediate area.

 

It is noted that under Draft Penrith Local Environmental Plan 2008 the minimum lot size will be 2 hectares for this site. The proposed development is consistent with the relevant provisions contained in Draft PLEP 2008 as they relate to the minimum lot size.

 

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.

 

In accordance with Clause 7 of SEPP 1, it is considered the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3 in that compliance with the standard would be unreasonable and unnecessary. In this regard, appropriate separation is maintained between the existing dwellings and the development maintains the prevailing settlement pattern in the local landscape from both the adjacent road and the surrounding existing rural residential development.

 

In summary, the SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum landscaped area would be unreasonable and unnecessary in the circumstances of the case.

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

Draft Penrith Local Environmental Plan 2008 (Draft PLEP 2008)

Council on the 7 September 2009 and 30 November 2009 in considering the Draft Penrith Local Environmental Plan (PLEP) 2008 considered proposed amendments to the land Llandilo. The amendments provides for a resultant minimum lot size of 2 hectares on the subject site.

 

In December 2009, Council sent draft PLEP 2008 to the Department of Planning to be made by the Minister.

 

The subject site is included in the Draft PLEP 2008 and is proposed to be zoned RU4 Rural Small Holdings. The Rural Small Holdings zoned under this LEP has a minimum lot size of 2 hectares under draft clause 4.1.

 

The proposed subdivision is consistent with the provisions of draft PLEP 2008.

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan

Penrith Development Control Plan 2006 (DCP 2006)

Part 4.9 Rural Development of Penrith Development Control Plan sets the objectives and development requirements for density and allotment design for subdivision.

 

The DCP states that subdivision is to be in accordance with Clause 11 of Penrith Local Environmental Plan 201. Given the SEPP 1 objection to this clause is supported, a variation to the DCP requirement is also supported.

 

The proposed subdivision has satisfactory arrangements for access and servicing and maintains the rural character of the area.  The proposal subdivision is consistent with the objectives and provisions contained in the DCP chapter for Rural Development.

 

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

Built and Natural Environment

Clause 34 of Penrith LEP 1991 (Rural Lands) permits dual occupancy development although this is not the subject of this application, potential exists to create a dual occupancy development on each of the proposed lots 41 and 42, possibly resulting in a total of 4 dwellings on the site.

 

The public domain and the public/private interface

The pebbly domain will remain unchanged as part of this development. The proposed subdivision is a formal recognition of separate titles on the lot and will not affect the public/private interface.

 

 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 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

The location provides for the lot sizes proposed to be visually in keeping with the semi rural character and amenity of the area.

 

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 22 July 2009 and 5 August 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. 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 additional new lot 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

3

$107.00

$321.00 Cultural Facilities

District Open Space

3.1

$1619.00

$5,018.00 District Open Space

Local Open Space

3.1

$586.00

$1,817.00 Local Open Space

Total

 

 

$7156.00

Conclusion

The proposed subdivision will create 2 lots below the minimum 40 hectare requirement prescribed under LEP 201. The applicant’s SEPP 1 objection to the standard is supported given the imminent 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 DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo be received.

2.     The State Environmental Planning Policy No.1 objection to the Development Standard 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 DA09/0148 at Lot 4 DP 571754 (No 14) Fourth Avenue, Llandilo for Torrens Title Subdivision of one lot into two lots be determined under delegated authority as applicable at the time by the appropriate Council officer.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Plan of Subdivision

1 Page

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

19 April 2010

Appendix 2 - Plan of Subdivision

 

 

 


Ordinary Meeting

19 April 2010

A Green City

 

 

 

14

Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith  Applicant:  Cityscape Planning & Projects;  Owner:  J Cowan, D Crossman, Coffey Engineering Group Pty Ltd    

DA07/1570

Compiled by:                Pukar Pradhan, 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 Section 96 (S96) modification to development consent DA07/1570 to:

 

·    Convert the fourth floor residential units to commercial floor space (in the same configuration as the floor below)

·    Include a variable width pedestrian walkway on the first, second, and third floors that will link the two buildings

·    Alter the internal layout of the building to incorporate the new layout

·    Increase the commercial floor space of the development by 3835 m

·    Alter the external elevations of the two buildings to incorporate the addition commercial floor space

 

The property is sited within Zone B4 – “Mixed Use” in Penrith City Centre Local Environmental Plan 2008 with the proposal being permissible with Council consent. The proposed development has been notified to nearby and adjoining property owners/and occupants and was exhibited in the local newspaper.  Two submissions were received in response to the proposed modification of development consent.

 

Section 96 of the Environmental Planning and Assessment Act 1979 requires Council to form the view that the proposal, as modified, is “substantially the same development” as that originally approved.  Council consented to a mixed use development application on the subject site on the 15th December 2008.  The original proposal is outlined in more detail in later section of this report. 

 

The key issues to emerge in the assessment process are;

 

·    Satisfying the Section 96 considerations

·    The design merit of the proposed changes

·    The extent of variation to development standards sought

·    The likely traffic and parking implications

 

The subject application has been assessed pursuant to Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979. Regard has been given to the relevant matters including design by seeking commentary from the Design Review Panel which was set up to oversee the merits of the original proposal, on site parking by requiring Section 94 payments for the car parking shortfall, traffic generation by referral to the Roads and Traffic Authority and ensuring Council’s statutory obligations have been properly considered.

 

The proposed modification is considered to be reasonable and of an acceptable design that is unlikely to have adverse environmental impact.  Given that the approved development was determined by Council, this matter is reported to Council for determination.

Background

Council granted development approval for the construction of a Mixed Use Development comprising retail, commercial and residential units with basement car parking having access from Union Lane, to be constructed in 3 Stages on 15 December 2008.

 

That approved proposal involved the following:

 

Stage 1:           8 storey mixed use development fronting High Street – ground level retail, two commercial levels, 5 residential levels providing 26 apartments; and 2 basement levels with 147 parking spaces;  lift access to all levels.

 

Stage 2:           8 storey mixed use development fronting High Street – ground level retail, two commercial levels, 5 residential levels providing 23 apartments, 2 basement levels with 65 parking spaces, lift access to all levels. A pedestrian link from High Street to Union Lane was proposed. 

 

Stage 3:           Concept of 2 buildings of 6 storeys each at southern section of the property (Union Road) – ground level retail and SOHO (small office/home office) frontages to the through-site link, with a total of 29 apartments, 2 basement levels with 82 parking spaces, lift access to all levels.  

 

The 3rd stage of the development was approved as a conceptual plan only and would be subject to a separate development application. 

 

The development has not proceeded to construction to date due in part to the impact of the Global Financial Crisis and because of the difficulties in the current residential real estate climate.  The applicant now seeks to amend the design by way of modification to the consent under Section 96 of the Environmental Planning and Assessment Act, 1979 to increase the commercial floor space component in order to have more scope for tenancy take up.

Site and Surrounds

The allotment has a total area of 6351m2; the northern section has an area of 4715m2 and the southern section an area of 1636m2.  The property has street frontages to both High Street and Union Road and it is also bisected by Union Lane.  The land is level and cleared of vegetation, previously being used by a motor showroom and car storage area since the 1950s.

 

To the south is a residential flat building, and other medium density residential developments in Union Road.  To the west is a motor showroom which is located at the corner of Mulgoa Road and High Street. To the east is a new 3 storey office building under construction, leading to the Centrelink Office, and the main section of the Penrith City Centre.   Directly to the north, is Westfield Penrith Plaza and Joan Sutherland Performing Arts Centre.   The site is located approximately 500m from Penrith Railway Station.  (See Appendix No. 1 – Locality Plan).

The Proposal Amendment

The application now proposes to redesign the fourth floor of the buildings of Stage 1 and 2 from the approved residential apartments to commercial floor space.  Stage 1 and 2 are to be constructed concurrently.

 

The proposal seeks approval for 4 levels of commercial/retail floor space having a podium height of 16.20m along High Street, where the original proposal had 3 levels with a height of 13.0m.

 

The two buildings will be linked by way of a high level pedestrian link access, 2.5m in width and 8.0m in length located at a central part of the two buildings on the first, second and third levels. This is a new element added to the design that was not part of the original approved design. The original application provided 49 residential units this Section 96 application proposes to reduce the residential units to 39.

 

A numerical comparison table showing the approved and proposed development of Stage 1 and 2 in terms of floor space and car parking spaces on site is provided below:

 

Land use

Approved Development

Proposed amendments

Extent of variation

Retail/Bistro/Gym

2680m2

2170m2

-510m2

Commercial

7764m2

11,349m2

+3585m2

Residential

6,031m2 (49 units)

4,968m2 (39 units)

-1063m2

Total Floor space Stage 1 & 2 buildings

16,475m2

18,487m2

+2012m2

Number of dwellings

49

39

Deletion of 10 dwellings

Parking spaces

263 spaces

263 spaces

0

 

The development also includes several internal alterations and is outlined below:

 

The modifications involve the following changes to the original approved development:

 

Basement levels:

          No changes proposed.

 

Ground floor

·    Replacing a portion of the existing of approved retail floor space with commercial floor space (approximately 874m2)

·    Internal alterations to include a retail/health club, mail room and Bistro. This area was shown on the approved plans as retail and bistro back of house

·    Minor reconfigurations to common lobby which is now partly open retail space, lobby and stair access

 

The total floor area of the ground floor as shown on the approved plans does not change with the proposed amendments.

 

First & Second level

·    Construction of a pedestrian walkway link 2.50m wide variable between Stage 1 & Stage 2 buildings

 

Third level

·    Increasing the approved commercial floor area from by extending the existing approved footprint to match with the lower floor’s footprints

·    The conversion of the approved 8 residential units, pool, courtyard and health club gym to commercial floor space which results in an additional 3155m2 of commercial floor space for the development

·    Construction of a pedestrian walkway link 2.50m wide variable between Stage 1 & Stage 2 buildings

 

Fourth level

·    Internal reconfiguration of the floor layout to provide for 10 residential units, sauna and change room.  The approved plans provided for 11 residential units

·    Relocation of the swimming pool and courtyards as shown on the approved third floor plan

 

Fifth and sixth levels

·    No changes to the approved plan

 

Seventh Level

·    Increase in plant room floor area approximately 20m2

 

Elevations

·    Increase in the building footprint of level three to align with the lower levels

·    Increase in height of the podium part of the building by 3.60m

·    Design of the new commercial floor area at level three in a similar architecture as the approved lower levels of the buildings

 

Level -7

·    Enlarged plant room

·    Reconfigured apartment layout

 

Roof Plan

·    Enlarged plant area

 

Details of the amended plans and elevations are attached in Appendix No. 2 – Site Plans & Elevations.

Planning Assessment

The proposal has been assessed with due regard to relevant legislation and planning instruments cited as follows: -

 

·    Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979

·    Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River

·    State Environmental Planning Policy (SEPP) 2007 – Infrastructure

·    SEPP 65 - Design Quality of Residential Flat Development

·    Penrith City Centre Local Environmental Plan No.2008 (PCCLEP 2008)

·    Penrith City Centre Development Control Plan 2007

·    Penrith City Council Civic Improvement Plan 2008

 

The following key issues have been identified for discussion:

 

·    Whether or not the proposal represents substantially the same development

·    Statutory consideration – variation to development standards and the role of the Director General

·    Design Suitability

·    Traffic and parking

·    Impacts on adjoining properties

 

Environmental Planning and Assessment Act, 1979 (EP&AA)

 

The applicant has lodged the application relying on S96(1A) of the EP&AA to modify development consent 07/1570.

 

The provisions of S96(1A) are as follows:

 

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)     it is satisfied that the proposed modification is of minimal environmental impact, and

(b)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)    it has notified the application in accordance with:

(i)      the regulations, if the regulations so require, or

(ii)     a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)     it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

In order to assess the application under S96 (1A) of the Environmental Planning and Assessment Act (EP&AA) Council must be satisfied that the proposed modification is of minimal environmental impact. In this regards it is considered that the proposed modification will have an environmental impact that would not be considered minimal. As a result the application can not be considered under S96(1A).

 

However, Council has the ability to consider the application under S96(2) of the EP&AA notwithstanding the particular provision the applicant purports to rely on.

 

An assessment under S96(2) of the EP&AA of the proposed amended plans and development is discussed below.

 

Pursuant to Section 96(2) of the EP&AA a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: -

 

(a)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

(b)     it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

(c)    it has notified the application in accordance with:

(i)      the regulations, if the regulations so require, or

(ii)      a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)     it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Comments:

 

The main changes to the ground floor involve the conversion of part of the previous approved retail space to commercial space and a health club and mail room. These changes however, maintain the external appearance of the ground floor same as originally approved.

 

The first and second levels have been amended by the provision of an elevated pedestrian bridge that links the Stage 1 and 2 buildings. The bridge link is set back 24m from High Street, and gives pedestrian connection is itself 3 storeys linking 3 levels by an glass enclosed walkway.  This link is located in the middle of the buildings. Whilst the walkway is a significant new element it considered that it does not change the essential nature and function of the development.

 

The third level involves the most significant alteration to the approved development. The alterations to this level involve increasing the floor area from approximately 1160m2 to 3155m2 (including the lobby area) an increase of 1995m2. This increase in floor area is achieved by increasing in the size of the floor plate for this level so as to match the floors below, rather than being set back on a different floor plate as it was when it matched the residential floors above.

 

The conversion of the third level from residential to commercial and conversion of part of the ground floor retail area to commercial increases the total commercial floor space of the development by 3585m2, which represents an increase of 46% in commercial floor space alone  but a 19.40% increase of the total floor area including retail, commercial and residential.

 

The fourth level amendments involve internal reconfiguration of the residential units and the relocation of the pool and the courtyards from the approved third level floor plan. These works does increase the building envelope of the approved level to the external wall of the third floor level. This amendment involves relocating the approved third level residential floor plan to the fourth level. These amendments would result in the exterior appearance of the building remaining in a similar architectural design and external appearance.

 

The RTA and Council’s senior transportation planner have examined the amended plans to gauge the traffic impact from the additional commercial floor area and both concluded that “as a result the increased impact of this application is minimal”.

 

Council has received written advice from the Department of Planning indicating that the Council can assume the Director General’s concurrence for Clause 26(4) & (5) in relation to Architectural Design Competition and Clause 32(4)(b) to vary the development standard.

 

The application was notified to adjoining and nearby properties and was advertised in the local newspaper for 14 days in accordance with Council’s Penrith Development Control Plan 2006 –Notification and Advertising Policy.

 

Three submissions were received objecting to the proposed modification.  The issues raised in the submissions are addressed later in the report.

 

It is noted that the proposal would increase a large commercial area on level three and convert part of the retail area on the ground level area to commercial area.  There is noticeable change externally by the additional bulk at level 3, and the inclusion of the 3-level pedestrian link. However, the street elevation along the ground level and the buildings remain generally similar appearance, and maintain a changed mix of commercial, retail and residential land use. The essential nature of the development remains the same. The external presentation of the buildings remain the same except for those changes to level 3 of the Stage 1 building and the pedestrian link.  Whilst these changes are noticeable there is not a significant change to the development which renders the development markedly different to that approved.  As such these changes would maintain intent of the original development.

 

S96 requires that the council be satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.  In light of the above, the new proposal with the proposed amendments is considered to be “substantially the same development” as the development for which the consent was originally granted.

 

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

 

In determining an application for modification of a consent under Section 96 of the

Environmental Planning and Assessment Act, 1979, the consent authority must take into consideration such of the matters referred to in Section 79C as are of relevance to the development the subject of the application.

Penrith City Centre Local Environmental Plan 2008 (PLEP 2008)

PLEP applies to the Penrith City Centre and the aims which are most relevant to the subject development proposal are:

 

(a)     to strengthen the regional position of the Penrith City Centre as a multifunctional and innovative centre that encourages employment and economic growth,

(c)     to promote employment, residential, recreational and leisure, cultural, social and tourism opportunities within the Penrith city centre,

(d)     to respond to the economic and social needs of the region by providing centrally located services and facilities,

(e)     to facilitate new commercial and residential development in the Penrith city centre that is consistent with the desired future character of the area as described in the Penrith City Centre Development Control Plan 2007,

 (g)    to encourage development that contributes to the provision of alternative and sustainable access to the city centre,

(h)     to enhance access to the city centre, particularly by public transport, walking and cycling,

(i)      to facilitate the development of building design excellence appropriate for a regional city and improve the quality of urban design and ensure the public domain is safe and attractive,

(j)     to encourage responsible management, development and conservation of resources and to ensure that the Penrith city centre achieves sustainable social, economic and environmental outcomes,

 

The development will provide for a mix of commercial, retail and residential premises located close to the city centre and with easy access to transport network. The building has been designed to maximise environmentally sustainable outcomes in their structure, facilities and fixtures.  It will facilitate new development in the city west mixed use precinct and contribute to the economic and social needs of Penrith. 

 

The property is zoned B4 Mixed Use and the proposed development is permissible with Council’s consent. The amended development proposal can still satisfy the objectives of the zone.

 

Principal Development Standards 

The following development standards are relevant to the development assessment. 

 

Clause 21   Height of buildings

 

The Height of Buildings Map attached to PLEP 2008 identifies a 24 metre height limit for the site. The approved building height of the Stage 1 and 2 buildings was 29.9 metres and Council supported this variation at the time of granting approval. 

 

The overall height of the modified building will not change. 

 

Clause 24   Floor Space Ratio (FSR)

 

The maximum floor space ratio as shown on the Floor Space Ratio Map for this property is 3:1. The previously approved development exceeded the maximum FSR and the applicant made a formal request to vary this control to 3.1:1which Council supported.

 

This amended design will now provide additional total 1629m2 of floor space to the building area.  This will now result in a FSR of 3.4:1.  

 

The objectives of this Plan for the control of floor space ratios are as follows:

 

(1)      (a)    to ensure that proposals for new buildings are assessed with due regard to the design excellence and built form provisions of this Plan,

(b)    to provide sufficient floor space for high quality development,

(c)    to regulate density of development and generation of vehicular and pedestrian traffic.

 

(2)     The floor space ratio of a building on any land is not to exceed the maximum floor space ratio shown for the land on the Floor Space Ratio Map.

 

The modified development proposal has been the subject of a further peer review by the Design Review Panel set up originally. The Panel has now formally advised Council that the proposed amended design has achieved a satisfactory design outcome consistent with the original design. The amended design will be complementary in scale and quality to other buildings in the precinct. The matter is discussed in more detail later in the report.

 

As a result, the objectives of the floor space ratio for buildings having regard to design excellence and built form has been achieved by the amended design which proposes an increase in the previous approved FSR for the development. The additional floor spaces proposed does not significantly alter the bulk or scale of the development when compared to the approved design and will result in no increase in the overall height of the buildings.

 

The traffic and pedestrian generation for the additional floor space has been discussed in the report and is considered to be satisfactory.

 

While the modified development has increased the approved FSR control, the objectives of the control has been satisfied and the further variation to the FSR is justified and supported in this circumstance.

 

Council has received written advice from the Department of Planning (DoP) confirming Council can assume the concurrence of the Director-General for the variation to development standards in accordance with Planning Circular PS08-003 which was released to all councils from the Director about concurrence procedures. 

 

Clause 25   Minimum building street frontage

 

This clause requires a minimum street frontage of 20 metres to at least one street frontage in the B4 Mixed Use zone.  The subject site has a frontage to High Street of 82.84 metres and a frontage to Union Lane of 30.85 metres, satisfying this standard.

 

Clause 26   Design excellence

 

This clause applies to development involving the construction of a new building or external alterations to an existing building. Clause 26(4) and (5) are particularly relevant to this application which states that;

 

(4)      Consent must not be granted to the following development to which this Plan applies unless an architectural design competition that is consistent with the City Centre Development Control Plan has been held in relation to the proposed development:

 

(a)      development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act,

(b)      development in respect of a building that is, or will be, greater than 24 metres or 6 storeys (or both) in height,

(c)       development having a capital value of more than $1,000,000 on a key site, being a site shown edged heavy black and distinctively coloured on the Key Sites Map,

(d)       development for which the applicant has chosen to have such a competition.

 

(5)     Subclause (4) does not apply if the Director-General certifies in writing that the development is one.

 

As the original application was assessed prior to the gazettal of the City Centres LEP the application did not undergo an architectural design competition.  However, a Design Review Panel was established which oversaw the design merits of the original application and concluded that development was of acceptable design and had also supported the variation to over all building height and the FSR variation.

 

The applicant has made the following submission to Council in respect to this Clause and the need for a design competition.

 

“Clause 26 of Penrith LEP 2008 would typically require a Design Competition be undertaken as part of the design and planning assessment stage.

 

However, as part of the original Development Application the Director General certified in writing that the competing criteria could be varied by convening and chairing a Design Review Panel.

 

This panel was subsequently convened and reviewed the original design having regard to all stated design excellence criteria. The ultimate outcome of this process, inclusive of significant development redesign resulted in that panel declaring that the approved development demonstrated design excellence.

 

The modified proposal embodies all the same design elements as that of the originally approved development. As such it is considered that the subject modified proposal also demonstrates design excellence.

 

Accordingly, it is our view that there is no need to undertake an architectural design competition or obtain additional written advice from the Director General pursuant to Clause 26(5) of the LEP.

 

Further, there is also some argument that the requirement for an architectural design competition is in fact a development standard. Therefore clause 32 of Penrith LEP 2008, which allows for variations to a development standard, can be applied in this instance.

 

This letter therefore represents a written request to vary that development standard. For the reasons outlined previously, it is considered that we have adequately demonstrated that:

 

·    Compliance with the standard is both unreasonable and unnecessary in the circumstances of the case

·    There is sufficient environmental planning grounds to justify contravening the development standard”

 

Clause 26(4) is considered to be a development standard as discussed later in the report in matters relating to Clause 32. Council has written to the Director-General seeking written certification that no architectural design competition is required in accordance with Clause 26(5).

 

As part of the design assessment process for this modification it was deemed necessary for the original Design Review Panel to provide commentary on the merits of the changes proposed.  The Design Review Panel have examined the amended plan and advised that:

 

“the proposal has achieved a satisfactory design outcome consistent with the original design assessed by this panel in 2008 and that the amended development will be complementary in scale and quality to the other buildings in the civic precinct.”

 

The Design Review Panel has raised no objections to varying of the FSR development standard.  They have however recommended that the development could be further improved by increasing the height of the pedestrian passage under the building to two storeys and making the linking element between the two buildings more substantial and lightly wider.  This has been recommended to be incorporated as an additional condition of consent.

 

Not withstanding the amended application was not subject to a design competition the application was peer reviewed in the same manner as the original development application through the Design Review Panel. 

 

As a result the need for an architectural design competition is seen as unreasonable and unnecessary in this circumstance for the reasons outlined above.  At the time of drafting this report, no advice had been received from the Director-General regarding Clause 24(5) but regardless, based on the requirement being deemed a development standard, Council is able to determine the application as it can apply Clause 32 as discussed later.

 

Clause 27   Car Parking

 

This clause aims to provide sufficient car parking generated by a development. The parking requirements under PLEP 2008 are as follows:

 

·    Minimum 1 parking space per 60m2 to be provided for commercial tenancies

·    Minimum 1 space per 30m2 for retail tenancies

 

In respect to the Penrith City Centre DCP 2007 the following rates also apply:

 

·    Maximum 1 space per one or two bedroom apartments

·    Maximum 1.5 spaces per three bedroom apartments

·    Maximum 1 visitor space per 20 apartments

·    Maximum 1 spacer per 50 units for service vehicles and car washing bays, up to 4 spaces

 

The proposal provides two levels of basement car parking for both Stages 1 & 2 and then 3 stages, accessed via Union Lane and Union Road.  Temporary at grade car parking, providing 51 spaces, will be provided on the Union Road section of the land until the construction of Stage 3.  

 

The table below outlines the number of parking spaces proposed for the current S96 application for Stages 1 and 2.

 

Stage 1 and 2

Parking required

Parking provided

shortfall

4 x 1 brm

4 spaces

4 spaces

 

19 x 2 brm

19 spaces

19 spaces

 

16 x 3 brm

16 spaces

16 spaces

 

Visitor space 1/20

2 spaces

2 spaces

 

Retail/ 2172 m2@1/30 m2

73 spaces

73 spaces

0

Commercial 11349 m2 @1/60 m2

190 spaces

149 spaces

41

Parking on stage 3 lot

 

51 spaces

 

Total parking spaces

304 spaces

263 spaces

41 spaces

 

The above calculations ensure that every dwelling within the complex will have at least one on site car parking space. This complies with the intent of the DPC where it requires a maximum number of spaces to be provided as opposed to a minimum. The original application created the possibility that some residential dwellings may not be provided with on site car parking.

 

Given that the application now seeks to amend the blend and composition of the entire development it is considered appropriate to look at the implications of these changes across the entire development. There is ample evidence to suggest that dwellings that are not provided with car parking spaces will prove difficult to market.

 

The shortfall of 41 on site parking spaces for both Stages will be captured by way of a monetary contribution.  New conditions will be incorporated into the amended consent.

 

Appropriate conditions had already been already imposed requiring the followings:

 

·    The commercial and retail car parking to be clearly allocated and marked

·    Submission of a parking management plan to control the use of the spaces between the tenancies, and the proposed stacked parking and visitor/tenant parking arrangements

·    Provision of clear directional signage have been required at the entrance to the basement car park and also clear signage about the users of the temporary at grade car park

·    That car parking spaces are not sub-let and are retained for users of the complex only

 

This development ensures that all residential units will have at least one parking space on site.

 

Clause 28   Ground floor development within Zones B3 and B4

 

This clause requires that the ground floor of any development has an active street frontage and be used for commercial or retail activities.  Exceptions are provided where lobbies, vehicle and fire service access is required.

 

The ground floor of Stages 1 and 2 of proposed development primarily consists of retail activities, and some commercial activities, the exact nature of which will be determined via future development applications.  The majority of the High Street frontage will still be retail premises with the commercial area limited to the north-eastern corner and internal walkway of the Stage 1 building.

 

The pedestrian link will still remain and will provide the public thoroughfare and connectivity to and through the site.  It will by its very nature bring about activation and meeting place. 

 

The development satisfies the requirements of this clause. 

 

Clause 29   Building separation

 

A separation between the subject buildings and the neighbouring buildings is required to maintain amenity and reduce adverse privacy and shadow impacts between properties as much as possible in a city centre location.  The distance requirements from neighbouring buildings and between separate parts of the same building are identified in the Penrith City Centre DCP.

 

The building separation for Stages 1 and 2 buildings was agreed to by the Design Review Panel and they have also endorsed these late modifications.

 

It is considered that the design satisfies the intent of this clause.

 

Clause 30   Ecologically sustainable development

 

This Clause requires consideration of ecologically sustainable development (ESD), based on a “whole of building” approach.  Some of the measures that the residential design incorporates to achieve these levels are as follows:

 

·    Rainwater/stormwater tank for use in toilet flushing and irrigation of common area and private gardens

·    Provision of water efficient appliances, tap ware, fittings and fixtures throughout the building

·    Provision of energy efficient gas and electric appliances in kitchen, laundries

·    Solar gas boosted hot water system

·    Indoor clothes lines provided

·    Double glazed windows with overhangs and shading

 

A BASIX certificate was also provided for the residential component of the development.

 

The building design achieves a 4 Green Stars and an ABGR rating of 4.5 stars (Australian Building Greenhouse Rating Scheme).

 

The requirements of BASIX are to meet targets of 40% water reduction and 30% energy reduction.  The proposal achieves 42% water reduction and 33% in energy reduction. 

 

The development satisfies the intent of this Clause.

 

Clause 32   Exceptions to development standards

 

The objectives of this Clause are:

 

(a)           to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

(b)           to achieve better outcomes for and from development by allowing flexibility in particular circumstances. 

 

Council may grant consent where a development standard is contravened, provided a written request from the applicant has been received justifying the contravention and demonstrating

 

(a)           that compliance with the standard is unreasonable or unnecessary in the circumstances of the case and

(b)           that there are sufficient environmental planning rounds to justify contravening the development standard. 

 

In addition, the development must be in the public interest, be consistent with the objectives of the particular standard and the zone objectives.  

 

Section 4(1) of the EP&AA defines development standard 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 forgoing, requirements or standards in respect of…

 

(b) The proportion or percentage of the area of a site which a building or work may occupy

 

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

 

(e) The intensity or density of the use of any land, building or work”

 

Based on this definition it is considered that Council’s requirement relating to the FSR and the need to undertake an architectural design competition are development standards. Council is therefore able to consider Clause 32 in approving exceptions to development standards.

 

The proposed development exceeds the FSR stated in the Clause 24 and the applicant has made submission with justification requesting Council seeking variation to that standard and provides the following commentary in support:

 

“The approved development proposal had a FSR of 3.1:1 and the proposed modified proposal increases the FSR by 9%. This increase is relatively minor and causes no adverse impact in terms of view loss or overshadowing.

 

The contravention of the standard would not cause any inconsistency with any State or Regional environmental planning instrument.

 

The development will represent a significant urban renewal of the Penrith CBD in a

manner that is entirely consistent with that contemplated by the vision, aims and objectives of the Penrith City Centre Strategy.

 

The development also demonstrates outstanding sustainability outcomes that if delivered would represent a new benchmark for sustainability within the LGA.

Failure to provide flexibility in the application of the standard would therefore jeopardise the realisation of those urban renewal and sustainability outcomes.

 

Given that the development does not cause any inconsistency with any relevant zone or standard objectives, it is considered that there is no public benefit achieved by maintaining the standard.

 

The applicant also states that as the Director General has already supported the FSR variation and as the variation of 9% in FSR is of minor nature, it is considered that no further concurrence to vary this development standard is necessary.”

 

The proposed design is still considered to be of a high standard and in keeping with the original architecture and unlikely to have significant adverse impact. This view has also been confirmed by the Design Review Panel.  As a result the proposed amendments are considered to meet the objectives of Clause 32 and variation to that standard is considered to be reasonable and worthy of support in this circumstance based on a merit assessment.

 

Planning circular PS08-003 advises Council of the arrangements where the Director General’s concurrence may be assumed.  The Department of Planning in relation to the issue of concurrence required by Clause 32(4)(b) has indicated the following:

 

“the department considers that Clause 32 – Exception to development standards of Penrith City Centre Local Environmental Plan (LEP) 2008 clearly meets the description in the circular.  Therefore in the case of the NEO development standard the Council can assume the director general’s concurrence in respect to Clause 32.”

 

The variation to development standard for the Floor Space Ratio of 3.4:1 as opposed to 3:1 and the need for an architectural design competition as required by Clause 26(4) can be assumed and the approval granted.

 

State Environmental Planning Policy (SEPP) 2007 - Infrastructure

 

The objective of this planning instrument is to ensure that the Roads and Traffic Authority (RTA) is made aware of and given an opportunity to make representations in respect of traffic generating developments.

 

The proposed amended development now will contain over 10,000m2 of commercial area which falls under Schedule 3 development pursuant to the SEPP. A traffic and transport impact assessment has been submitted with this application which has been referred to the RTA for comments.  After examining the application they have advised that the proposed amendments would not have adverse traffic impact. No objections have been raised to the development by the RTA subject to some additional conditions as they had commented for the original application.

 

The application has also been examined by Council’s senior transportation planner who advised that the increase in the commercial floor area is unlikely to have significant adverse impact on the local traffic and the area.

 

State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development

 

The previous approved development was considered under the provisions of SEPP 65. The amended plans do not significantly change or alter the residential layout and floor plan when compared to the approved plans.

 

The amended application has been reviewed by the Design Review Panel and the following advice has been provided;

 

“that the amendments to the design are consistent with the original design and will be complementary with the scale and quality of the other developments in the area and is satisfactory.”

 

Accordingly, it is considered that the modified proposal satisfies the relevant design quality criteria of SEPP 65.

 

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

Draft SEPP 66 – Integration of Land Use and Transport 

The development is consistent with the objectives of the Draft SEPP 66, being located in the City Centre, close to transport connections, pedestrian networks and ample bicycle parking is available.  Employment opportunities will be available during construction and after occupation, reducing the demand for travel to other centres.

 

However, the Draft has been in its current form since 2001 and is unlikely to be gazetted for some time. 

 

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

 

Penrith City Centre DCP 2007

 

This Plan came into effect on 1 February, 2008 in conjunction with the Penrith City Centre LEP 2008 discussed above.  The relevant sections of the DCP which are applicable to this proposal are presented below.

 

Clause 1.9  City Centre Character Areas

 

The subject property is located within the City West Mixed Use area which advocates that the area should have a live-work character promoted through the developed of mixed use buildings. The DCP promotes activation at street level through a combination of café and retail activities.

 

The proposed development will suit the desired future character of this precinct.

 

Clause 2.    Street Frontage Heights

 

For this site, at the street frontage, the height of the building is required to be between 16m and 20m and then a 5m setback to upper levels. 

 

The proposal now provides a height of 16.2m at the High Street frontage, and an 18m setback to upper residential levels, providing the podium level open space areas.

 

The design outcome has been accepted by the Design Review Panel.

 

Clause 2.3  Building depth and bulk

 

The Design Review Panel accepted the design merit of the proposal, inclusive of building depth, bulk and design of the development. 

 

 

 

 

Clause 3.1  Existing and Desired Links

 

Except for the pedestrian link proposed above ground floor to connect the two buildings of Stage 1 & 2, this application does not change the existing and desired links proposed in the original approved plan.

 

Clause 6     Residential Development Controls

 

This section of the DCP requires consideration of the requirements of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development and this has been discussed earlier in the report. 

 

Clause 6.1 requires a mix of living styles, sizes and layouts within each residential development.  The mix of housing styles provided in the development is considered appropriate and satisfactory.

 

Penrith City Centre Civic Improvement Plan

 

This Plan is one of the four City Centre plans prepared jointly by the Department of Planning a Council.  The Plan outlines the framework for contributions to be made towards funding and provision of infrastructure in association with development in the City Centre. 

 

This Plan came into effect on 5 December, 2008 and applies to the subject site with respect to developer contributions.   The Plan outlines City Centre projects and the following rates contribute towards those projects. 

 

Contributions payable by the subject development application are discussed later in this report.

 

3        Penrith Development Control Plan 2006

 

Part 2.2      Crime Prevention through Environmental Design

 

This matter has been examined in the original approved development in detail. It is considered that the proposal can satisfy the objectives and provisions of this part of DCP 2006.

 

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

 

Environmental Planning and Assessment Regulation 2000

 

Clause 50 of the Regulation provides that a development application for a residential flat development, lodged on or after 1 December, 2003, must be accompanied by a design verification statement from a qualified designer that confirms that:

 

(a)     he or she has designed, or directed the design, of the residential flat development, and

(b)     the design quality principles set out in Part 2 of the Environmental Planning Policy No 65 – Design quality of Residential Flat Development area achieved for the residential flat development. 

 

This statement has been received from Watermark Architecture and Interiors Pty Ltd satisfying the Regulation.  The architect’s associated report pursuant to SEPP 65, as discussed earlier in this report, has also been submitted satisfying the Regulation.

 

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

 

Built and Natural Environment

 

These have been considered in the original assessment of the application and found to be satisfactory.

 

Social and Economic Impacts

 

As a major development for the City Centre, this proposal is considered to have positive social and economic impacts such as:

 

·    The development provides for large floor plate, environmentally friendly office space, to attract and retain businesses for a regional city

·    Significant opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies

·    The complex also has the potential to allow employees of the CBD to reside close to their place of employment

·    Housing choice within the City

·    The provision of retail and dining facilities close to Penrith’s cultural precinct will enable the complex to have high level activation through the day and into evening periods

·    Connections through the site to tother residential areas will provide new and enhanced public domain areas

 

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

 

As discussed in the earlier part of the report and confirmed by the Design Review Panel, the bulk, scale and design of the proposal are considered to be satisfactory in that location and will contribute positively to the existing streetscape and the area.

 

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

 

Referrals

 

The development application was referred to the Roads and Traffic Authority.

 

Comments:

 

They have advised that “as a result the increased impact of this application is minimal”.

 

The application was also referred to the following Council officers - Senior Building Surveyor, Senior Development Engineer, Urban Designer, and Senior Traffic Engineer:

 

Comments:

 

They have raised no objections to the proposed amendments and any recommended conditions have been recommended as an additional condition to the original consent.

 

Community Consultation

 

In accordance with Part 2.7 Notification and Advertising of DCP 2006, the proposed amended application was placed on public advertising and notification from 17 February to 3 March, 2010. Three submissions were received objecting to this modification and the issues raised are summarised below along with comments in relation to each matter raised.

 

i.    The proposal is a radical change and is not substantially the same as approved development. The application cannot be considered under Section 96(1A).

 

Comments:

 

These matters have been previously addressed in the report. For reasons explained in the report,

·    It is open to the council to form the requisite satisfaction that the development is still substantially the same as approved, and

·    The council has the ability to deal with the application under s96(2) even though the applicant purports to rely on s96(1A).

 

ii.   Variation to Floor Space Ratio (FSR) – Significant departure from the FSR contained in the Penrith LEP 2008 (Penrith City Centre).

 

Comments:

 

This matter has previously been discussed in the report and the variation is justified and supported for the reasons outlined in the report.

 

iii.  Introduction of pedestrian link of building 1 & 2 will impede the through vision of the development between the two buildings.

 

Comments:

 

The modified design has been peer reviewed by the Design Review Panel. The Panel has raised no objections to the pedestrian link subject to the level 1 link being removed. This will provide a partial through vision between the buildings.

 

iv.  The development is not located within an ‘accessible location’ relative to other parts of the city centre.

 

Comments:

 

The site:

·    Is located in an area that is close to the City Centre

·    Has good road access and is serviced by public transport (trains/buses)

 

 

 

v.   No concurrence granted from the Director General for variation to development standard.

 

Comments:

 

This matter has been discussed in the report and the Department of Planning has confirmed in writing that Council can assume the Director-General’s concurrence for the variations to the development standards.

 

vi.  The proposal is considered inconsistent with the primary objectives of the DCP for the “City West Precinct” as it proposes more commercial floor area than the approved application.

 

Comments:

 

The site is located within the City West Mixed Use character area which is to encourage a live-work character, which is promoted through the design and layout of residential buildings and the location of compatible commercial and retail uses at the street level. The development provides for a combination of commercial, retail and residential uses. The development provides for street and pedestrian connection which meets the planning intent of this area.

 

vii. The proposed loading dock area for the development along the northern side of Union Lane does not represent ‘separate service provision’ for the commercial and residential activities within the building.

 

Comments:

 

This aspect has not changed from the approved development.

 

viii.    There is no clear separation between the residential and commercial entries and lobby areas, particularly for the Stage 1 building.

 

Comments:

 

The modified development provides for separate lift and area of entry for commercial and residential components of the building.  Stage 1 now provides a separate entry to the commercial and residential components.

 

ix.  The modified pedestrian site link (extending from High Street to Union Lane) will be inconsistent with Council’s control requiring ‘open-air for its full length’. It will be partially enclosed by an internalised connection on levels 1-3 above.

 

Comments:

 

The pedestrian link is located in the central part of the building between Stage 1 & 2 buildings.  The 2 buildings will still be separated throughout except at the middle part of the two buildings where a narrow 2.50m wide pedestrian access is proposed at levels 2 & 3. The Design Review Panel has recommended that the level 1 link be removed.

 

x.   No revised ‘safety by design’ assessment in accordance with CPTED principles appears to have been provided as required for large scale retail and commercial development with a GFA of over 5,000m2.

 

Comments:

 

This has been discussed in the report.

 

xi.  The application is not accompanied by a revised accessibility report from an accredited access consultant.

 

Comments:

 

The accesses were examined in the original application and found to be satisfactory. The modified plans do not change the access to all levels of the building.

 

xii. The application fails to adequately assess the modified proposal against the related provisions of Section 5.0 of the DCP, particularly in regards to energy efficiency & conservation, water conservation, maximising liveability & longevity, resource consumption, waste minimisation and sustainable management measures.

 

Comments:

 

The buildings have been designed to achieve a 5 Star rating under the Australian Building Greenhouse Rating Scheme and all residential elements will conform with the BASIX approved in the original development. Appropriate conditions were imposed on the consent and will remain.

 

xiii.    No owner’s consent was provided.

 

Comments:

 

Consent letter signed on 9 March 2010 by all three owners has now been submitted to Council.

 

xiv.    Concern of noise from commercial area facing Union Lane from Stage 3 and in general.

 

Comments:

 

The trading hours of retails outlets will be assessed on its merit at the time of the individual applications are submitted to Council. 

 

xv. Description of the property is incorrect on the application.

 

Comments:

 

The site is identified as Lot 1 DP 884193 and is known as 614 – 632 High Street, Penrith on Council’s property records. While the site also has frontage to Union Road the proposed modification only involves Stages 1 & 2 buildings which are located on the portion of land between High Street and Union Lane and not the portion of land that faces Union Road which is Stage 3 and not part of this application.

 

 

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

 

Access

The approved development had been designed to satisfy the Building Code of Australia and the relevant Australian Standards in relation to access requirements and can satisfy the requirements of the Disability Discrimination Act 1992

 

It was found that compliance with statutory requirements, pertaining to site access, common area access, accessible parking and accessible sanitary facilities can be readily achieved. 

Section 94 Contributions  

A number of Section 94 plans apply to this development, primarily the Civic Improvement Plan 2008, which took effect from 3 December, 2008; and also the City wide plans relating to residential development, in this case District Open Space (DOS), Cultural Facilities and Library Facilities.  As the Civic Improvement Plan 2008 lists projects which include footpaths and local open space, the Footpath Construction and Local Open Space S94 Plans do not apply.  

 

It is reiterated that in accordance with the Civic Improvement Plan 2008, car parking contributions only apply to spaces not provided on site for commercial floor space.  The shortfall in residential car parking that applies to this development cannot be levied.

 

Assessment of the applicable Section 94 contributions for the first two stages of the proposal is shown in the following tables: 

 

Plan

Stage 1 - Rate

 

Total

Stage 2 - Rate

 

Total

CIP 2008

m2 / units

 

m2 / units

 

Multiple dwg

21 @ 8,105

$ 170,205

18 @ 8,105

$ 145,890

Commercial

3834 @ 155

$ 594,270

7515@ 155

$ 1,164,825

Retail

732 @ 90

$ 65,880

1440 @ 90

$ 129,600

Commercial Parking

23 @ 18,404

$ 423,292

18 @ 18,404

$ 331,272

 

Citywide S94

Stage 1 - Rate

Total

Stage 2 - Rate

Total

DOS*

40pers @ 1633

$ 65,320

36 pers @ 1633

$ 58,788

Cultural*

47.4pers @ 108

$ 5,119

43.2 pers @ 108/per

$ 4,666

Library

47.4 per @ 304

$ 14,410

43.2 per @ 304

$ 13,133

 

Totals

 

Stage 1

$1,338,496

 

Stage 2

$1,848,174

*credit for existing lot applied to Stage 1 only

 

Summary of above tables:

 

Total monetary contributions for Stage 1 and 2 for original development                          $1,960,102

Total monetary contributions for Stage 1 and 2 for modified development                       $3,186,670

Additional monetary contribution because of S96 modification                                        $1,226,568

 

The increase in monetary contributions is due to a combination of:

·    Additional car parking

·    Increase in commercial floor area

·    The original monetary amounts being adjusted by CPI

 

All rates are subject to indexing on a quarterly basis and the adjustments to the payable contributions are made at time of payment.  Contributions are required to be paid prior to the issue of a Construction Certificate. The amounts of S 94 contributions outlined above have been adjusted in the relevant conditions of original consent.

Conclusion

The assessment of the subject application has been made in accordance with Section 79C and Section 96(2) of the Environmental Planning and Assessment Act 1979. The development proposal as amended represents a significant proposal for Penrith City Centre. The development is considered to provide:

 

·    Significant opportunities for employment during construction of the building and after occupation of the retail and commercial tenancies

 

·    The potential to allow employees of the CBD to reside close to their place of employment

 

·    Excellent level of housing choice is present in this design, eventually providing 68 apartments which range from executive penthouse style to affordable studio type housing, as well as accessible and adaptable housing and will provide positive social benefits

 

·    Mixed retail outlets and commercial close to Penrith’s cultural precinct will enable the complex to have high level activation through the day and possibly into evening periods

 

The variation to the Floor Space Ratio of 3.4:1 and requirement for architectural design competition as outlined in Clause 26(4) are development standards and pursuant to Clause 32 Council has the ability to vary these requirements and has the assumed concurrence of the Director-General.

 

After detailed consideration of all matters, the proposed amendments are considered to be substantially the same as previously approved development and will not result in having significant environmental impact.

 

The report is presented Council for information and determination.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA07/1570 Section 96 Proposed Mixed Use Development over three stages Lot 1 DP 884193 (No. 614 - 632) High Street and (No. 83 - 85) Union Road, Penrith be received.

2.     Council in accordance with provisions of Clause 32 vary the requirement for the design competition under Clause 26 (4).

3.     Council vary floor space ratio to the proposal under Clause 26(6) of Penrith City Centre LEP 2008.

4.     The application to modify Consent DA 07/1570 pursuant to Section 96 of the Environmental Planning and Assessment Act for the approved mixed use development consisting of Stage 1 & 2 at Lot 1 DP 884193 (No. 614 -632) High Street, Penrith, and 83-85 Union Road, Penrith be approved subject to the following amended and added conditions as follows:

Condition No.1 be amended to reflect the modified plan and to read as:

The development must be implemented substantially  in accordance with architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated February 2010, and numbered  A001, A002, A003 Issue 3: A098 Issue 3; A099 Issue 3; A100 Issue 3; A101 Issue 3; A102 Issue 3; A103 Issue 3; A104 Issue 3; A105 Issue 3; A106 Issue 3; A500 Issue 3; A501 Issue 3; A502 Issue 3; A600 Issue 3; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G, and L02, Issue F; hydraulic plans prepared by Steve Paul and Partners, numbered SY070033-SW-001-PR-01, dated 4 September, 2008, and as amended by the following plans

 

Condition No. 49 - Car parking spaces are to be provided and allocated in the following way:

·    Both Stage 1 & Stage 2 - 149 spaces for commercial and 73 spaces for retail; 41 spaces residential;

·    Should residential spaces be reallocated from commercial/retail spaces, a contribution for car parking will be applied as per the applicable rate in the Civic Improvements Plan 2008, unless otherwise approved by Council.  

·    All off-street parking spaces are to be provided, paved, line marked and maintained generally in accordance with the approved schedule of external finishes.

·    The parking space dimensions and manoeuvring areas are to comply with AS2890.1, the Building Code of Australia and the Commonwealth Disability Discrimination Act.

 

Condition Nos. 69 to 80 of original consent inclusive relating to S94 contributions and Condition No. 49 relating to car parking of original consent shall be amended to read as follows which will reflect the amended areas and number of residential apartments.

 

Condition No. 69 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - Multiple Dwellings.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $170,205.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 70 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - commercial office use.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $594,270.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 71 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - retail use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $65,880.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 72 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for District Open Space.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $65,320.00 (including administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for District Open Space may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 73 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for Cultural Facilities.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $5,119.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Cultural Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 74 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for Library Facilities.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $14,410.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Library Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 75 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - Multiple Dwellings.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $145,890.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 76 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - commercial office use.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $1,164,825.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current           quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 77 - This condition is imposed in accordance with Penrith City Council's Civic Improvement Plan 2008 - retail use. Based on the current rates detailed in the accompanying schedule attached to this Notice, $129,600.00 (including 1% administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Civic Improvement Plan 2008 may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 78 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for District Open Space.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $58,788.00 (including administration) is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for District Open Space may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 79 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Cultural Facilities.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $4,666.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Cultural Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 80 - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Library Facilities.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $13,133.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Library Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

4.1      The following new conditions be imposed:

 

Condition No. 80a - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Commercial Car Parking. Based on the current rates detailed in the accompanying schedule attached to this Notice, $331,272.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 2 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Commercial Car Parking may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 80b - This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan for Commercial Car Parking.  Based on the current rates detailed in the accompanying schedule attached to this Notice, $423,292.00 is to be paid to Council prior to a Construction Certificate being issued for STAGE 1 of this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Commercial Car Parking may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

Condition No. 20a - Amended elevations incorporating vertical architectural elements/fenestrations along the High Street elevations that are in similar nature as proposed along the Stage 2 building elevation in order to reduce the visual impact of horizontal dominance and improve the street elevation.  Details are to be submitted to Council for consideration and approval along with Construction Certificate.

 

Condition No. 20b - The pedestrian link at level 1 is to be deleted from the plan in order to improve the height of the pedestrian passage under the building to two storeys and making the linking element between the two buildings more substantial and its width to be made lightly wider.  Details of this are to be shown on the amended plans and elevations and shall be submitted with the Construction Certificate.

 

Condition No. 20c - The parking restrictions for all roads fronting the development should be reassessed to ensure that the restrictions suit the post development usage. Any changes to current parking arrangements need to be endorsed by the local traffic Committee.

 

5.     All those who have made submissions be advised of Council’s determination.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2.  

Plans

11 Pages

Attachment

  


Ordinary Meeting

19 April 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

19 April 2010

A Green City

 

 

 

15

Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood  Applicant:  Tim Harrington;  Owner:  Paul Blissett & Lynda Conroy   

DA10/0034

Compiled by:                Christopher Hawkins, Graduate Environmental Health & Building Surveyor

Authorised by:             Paul Lemm, Development Services Manager  

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

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

       

 

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

Executive Summary

Council is in receipt of a development application for the construction of a first floor addition to an existing dwelling. The application seeks to vary the maximum external wall height requirement of Penrith Local Environmental Plan 1998 (Urban Lands). The application is supported by an objection under State Environmental Planning Policy No. 1 to the development standard.

 

The proposed development comprises a first floor addition, which is to include a rumpus room, bathroom and two bedrooms. The site is located on Joseph Street, opposite Joseph Street Reserve.

 

The SEPP 1 objection has demonstrated that full compliance with the maximum external wall height requirements is unreasonable due to the ability of the development to meet the objectives of the planning instrument and it is consistent with other buildings in the immediate locality. The development is unlikely to have any significant impacts on the amenity of the locality.

 

In accordance with the reporting procedures required by the Department of Planning, the matter is forwarded to Council for determination. The report recommends that the SEPP1 objection be supported and the development application be approved.

Site and Surrounds

The subject site is located on Joseph Street, with the primary frontage facing Joseph Street Reserve. The site is 581m² in area and has a southerly orientation. It has an approximate fall of 2m from the rear boundary to the street frontage. The site is currently occupied by a single storey brick veneer dwelling with an attached carport on the Western side (see Appendix No. 1).

 

The surrounding area is characterised by a mixture of single and two storey dwellings of varying scale.

The Proposed Development

The proposed development includes the following:

 

·    The construction of a first floor addition including a rumpus room, bathroom and two bedrooms. (see appendix 2)

 

The development application was accompanied by:

 

·    An objection under the State Environmental Planning Policy No. 1 to Clause 12 of Council’s Local Environmental Plan 1998 Urban Land.

·    Statement of Environmental Effects

·    Site and Building Plans

·    BASIX certificate

·    Waste Management Plan

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

a) State Environmental Planning Policy No 1—Development Standards

An objection to development standards within LEP 1998 (Urban Lands) has been lodged. The variation is regarding the maximum external wall height requirement as shown in the following table.

 

 

Maximum required under LEP

Proposed

Maximum External Wall Height

3.5m

5.15m

 

SEPP 1 seeks to provide flexibility in the application of planning controls where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives stated in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act. These objectives relate to the proper management of resources to promote the welfare of the community and environment, and, to promote the orderly and economic use of development of the land.

Variation of Maximum External Wall Height

The SEPP 1 objection has been lodged in relation to the provisions of Clause 12 of Council’s Local Environmental Plan 1998 – Urban Lands, and in particular the provisions of Clause 12(3). The relevant clause states:

 

The council must not grant consent to development that involves the erection of a building in Zone No. 2(a1), 2(a), 2(b), 2(c), 2(d) or 2(e) unless the building is wholly within the building envelope, and does not contravene the maximum external wall height or minimum landscaped area.

 

The SEPP 1 objection seeks approval for the construction of dwelling which proposes an external wall height of 5.15m. The maximum external wall height specified is 3.5m. This variation proposes a departure of 47.1% from the development standard.

Assessment of SEPP 1 Objections

The applicant submitted a SEPP 1 objection providing justification to vary the maximum external wall height. The submission included the following:

 

1) Development Standard

The SEPP 1 objection is required to demonstrate that compliance with the aims and objectives of the relevant planning instrument and zone can still be achieved regardless of the variation to the development standard.

 

The objectives for Zone 2(c) Residential (Low – Medium Density) are as follows: 

 

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

 

The proposed dwelling does not require the removal of any vegetation for the construction of the new dwelling. A corridor at the rear of the site is provided for landscaping and private open space.

 

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

 

The proposed addition will not have any adverse affect on the character of the streetscape, and is consistent with the adjoining development, particularly the two-storey development at No. 39 Joseph Street and No. 106 Victoria Street. Articulation of the front façade and building materials are compatible with those of surrounding dwellings.

 

“(iii) to consolidate population and housing densities,”

 

The proposed development will have no significant impacts on the population and housing density.

 

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

 

Multi-unit housing is not proposed.

 

“(v) to promote a variety of housing types or forms upon the site of each proposed development, and”

 

The proposed development will contribute to the variety of housing form within the street whilst maintaining the street’s existing character.

 

 

“(vi) to allow a range of compatible non-residential uses.”

 

The proposed dwelling is for habitable purposes.

 

The objectives for Section 12 of LEP 1998 Urban Lands are as follows:

 

“a) Achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk.”

 

There is an existing older style two-storey dwelling at 39 Joseph Street, adjacent to the subject site, of a of similar height to that being proposed. The dwelling at No. 35 Joseph Street is also considerably higher than the existing dwelling on the subject site. The adjoining developments are older styled established residences and both have similar encroachments into the building envelope as that proposed.

 

As such the proposed development will not have any significant additional visual impacts on the streetscape and is compatible with adjoining development.

 

The Joseph Street road reservation is around 10m wide, with a 20m wide pavement. The two storey development will have little impact on the wide streetscape which is enhanced by the public reserve directly opposite the site.

 

The proposed first floor addition is smaller than the existing building footprint, and is situated towards the rear. This will ensure the extension has a stepped back appearance when viewed from the street. The proposed window placement and roof form provide articulation and minimises the apparent bulk of the structure.

 

“b) Minimise the impact of loss of privacy, overshadowing and loss of views.”

 

Potential impact on the privacy of adjacent properties has been considered in the design. Neither the eastern nor western façade of the proposed addition will contain any windows; therefore there will be no impacts on the privacy of adjacent dwellings.

 

Due to the orientation of the allotment, there will be no significant overshadowing of adjacent properties.

 

The site and surrounds are relatively flat and the proposed development will not cause any loss of significant views for surrounding properties.

 

“c)Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear lines.”

 

The proposed first floor development does not affect the separation between buildings and boundaries. By extending vertically, private open space is preserved. This could not be achieved with a ground-level extension. The proposal maintains the setbacks required by the planning controls.

 

“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.”

 

This objective is achieved extending vertically rather than encroaching on the rear setback. The existing landscaped area is retained, and the hydrology of the site is maintained, allowing infiltration of stormwater and no additional stormwater generation.

 

The dwelling allows for adequate side setbacks from the site boundaries and appropriate separation between the neighbouring dwellings. The rear yard will maintain a private open space corridor of 6m to the rear boundary, consistent with the LEP requirements and the adjoining properties.

 

As a result of the applicants SEPP1 objection justifying the variation to the maximum external wall height the objection may be considered on the premise that the development standard is unreasonable and unnecessary on the following basis:

 

·    The proposed development does not hinder the attainment of the objectives of the Environmental Planning and Assessment Act.

·    The proposed dwelling is reasonable development for the site.

·    A number of recently constructed two storey dwellings exist within the area.

·    The extent of the increased external wall height is consistent with the surrounding area.

 

2) Section 5 - Environmental Planning and Assessment Act 1979

Assessment of the SEPP 1 objection also needs to be considered against the objectives stated in Section 5(a) (ii) of the EP&A Act which is as follows:

 

“(ii) the promotion and co-ordination of the orderly and economic use and development of land

 

It is considered that the proposed dwelling addition and associated external wall height will ensure attainment of the objectives of section (ii) and refusal would be unreasonable in this regard for the following reasons:

 

·    The proposed development does not hinder the attainment of the objectives of Section 5(a) of the Environmental Planning and Assessment Act.

·    The dwelling is reasonable development for the site.

·    The proposal satisfies the objectives of the zone.

 

3) Department of Planning Circular No. B1

The Department of Planning’s Circular No. B1 specifies other matters which should be considered by Council in its consideration of SEPP 1 objections including:

 

1) Clause 8 – is the Development standard inappropriate in general terms and should Council review its planning controls? Draft instruments may also be impacted upon if SEPP 1 is repeatedly used on a clause which may be affected.

 

2) Clause 9 – the likelihood of similar applications being made and the cumulative effect of similar approvals.

 

3) Clause 11 – dealing with applications to extend non-conforming development by more than 10%.

 

Development applications for additions on residential properties in Penrith Local Government Area often result in pressure being placed on the external wall height provisions.  In the instance of 37 Joseph Street the proposal involves a site which has an existing dwelling, with the first floor addition to be constructed within the constraints of the existing development on the property.

 

It is considered that the maximum external wall height provisions retain their validity and are consistently applied and enforced on greenfield sites across the Council area. As such, it is recommended the SEPP 1 objection be supported and the development application be approved subject to conditions.

 

b) Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 aims to protect the environment of the Hawkesbury-Nepean River, by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the potential impact on residential development and water quality. The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. The dwelling addition will not be visible from the riverine corridor. Stormwater will be controlled and directed to a rain water tank. The proposal is in keeping with the objectives of the SREP.

 

c) Penrith Local Environmental Plan 1998 (Urban Land)

Under the terms of Penrith Local Environmental Plan 1998 (Urban Land) the land is zoned as Zone No 2(c) Residential (Low to Medium Density). The proposed development is defined as a dwelling, which is permissible with the consent of Council.

 

The proposed development meets the objectives of the zone as described in the above SEPP 1 assessment.

 

Development Standards

Section 12 of Penrith Local Environmental Plan 1998 (Urban Lands) provides requirements for building envelopes, heights of buildings, landscape areas and rear boundary setbacks for development that requires consent.

 

Building Envelope and Maximum External Wall Heights

See discussion in SEPP 1 assessment.

 

Landscaped Area

Under Clause 12(3) of the LEP a building is required to have a minimum landscaped area of 40%. The proposal will result in no further reduction in landscaped area as the addition will occur over the existing building footprint.

 

Rear Boundary Setback

The rear setback is compliant with the requirements of Local Environmental Plan 1998.

 

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

Penrith DCP 2006 Part 4 Section 4.2 – “Residential Single Dwellings” is applicable to the site and the following sections are relevant to assessment process of the proposal.

 

a) Clause 4.4 Preferred Configurations for New Dwellings

The objective is to ensure new dwellings adopt key features of established suburban design. These include entrances, windows to main living rooms, private courtyards facing the street or the rear boundary, and garages architecturally integrated within building forms. The development is considered to comply with these objectives and will also maintain a green corridor along the rear boundary.

 

b) Clause 5.2 Urban Form

The objective is to ensure new buildings show characteristics of established suburban neighbourhoods. Dwellings should be oriented to face the street, building forms should be stepped or articulated and relate to the shape of their surrounding garden areas.

The proposed design measures include articulated building forms and facades. The stepping back of the addition and the hipped roof create an interesting structure which compliments the existing dwelling and enhance the amenity of the area.

 

c) Clause 5.3 Front, Side and Rear Setbacks

The objective is to ensure setbacks reflect the character of established garden suburbs, and provide for development of flora and fauna corridors.

The proposed setback will not change as the addition will occur on the first floor. The existing front and rear setbacks are compliant with the requirements under Penrith Local Environmental Plan 1998.

 

d) Clause 5.4 Landscaped Area and Parking

The objective is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation, and provide reasonable separation between neighbouring dwellings.

The sites landscape area will not be altered as the addition will occur over the existing building footprint.

 

e) Clause 5.5 Solar Planning

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. Due to the orientation of the lot, only minor overshadowing impacts are likely to occur.

 

The applicant has demonstrated that the dwelling ensures a minimum of 3 hours sunlight between 9am and 3pm on the 21st June, to living zones and that the neighbouring and proposed private open spaces receive minimum 3 hours sunlight between 9am and 3pm.

 

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

 

 

f) Clause 6.1 Significant Landscapes

The objective is that in areas of particular significance to natural conservation or high environmental character, new development should demonstrate detailed design measures to protect that conservation significance or character.

 

 In this regard the proposed dwelling maintains natural topography, environmental character and requires no tree to be removed as part of the development.

 

g) Clause 6.3 Building Design

The objective is that dwellings be surrounded by private gardens, their facades should display a variety of materials and shading structures and garages should be integrated within the overall architectural form and design.

 

The existing dwelling has a 7.49m front setback which is inline with the adjoining two properties. This setback will remain unaltered as the addition will occur over the existing dwelling. The first floor addition will be stepped back approximately 3m, reducing the impact of the addition and breaking up the front building facade. The existing carport will remain un-altered.

 

h) Clause 6.4 Energy Efficiency

The development proposal is compliant with the requirements of the BASIX legislation.

 

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

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

 

Stormwater is to be directed to the street via a rainwater tank, minimising impacts on adjoining properties.

 

Appropriate conditions are to be included relating to site management during construction. An appropriate waste management plan has been provided. Hours of work and construction noise will also be subject to consent conditions.

 

The proposed dwelling additions are located and designed to make the most economic use of the site and provide minimal adverse impacts to the subject site and adjoining properties.

 

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

The site is suitable for the construction of a new residential dwelling. Whilst there is a variation required for the proposed development, the proposal is considered to address and satisfy the objectives of the relevant planning documents.

 

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

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents. No submissions were received.

Conclusion

The proposed development the objectives of Local Environmental Plan 1998 Urban Lands to reinforce the importance of natural landscape settings, protect the character or development and streetscapes and to promote a variety of housing types and forms upon the site of each proposed development.

 

The subject development application seeks approval to construct a first floor addition over an existing residential dwelling and is supported by a SEPP 1 objection seeking a variation of the maximum external wall height requirement.

 

The SEPP 1 objection is supported as it has been demonstrated that the maximum external wall height requirement is unreasonable in this case and that the attainment of the objectives of Clause 5(a) of the Environmental Planning and Assessment Act will not be hindered by the proposal.

 

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

 

The maximum external wall height variation and the proposed dwelling additions are unlikely to have any significant impacts on the amenity of the locality.

 

Whilst the proposed development application requires a variation to the maximum external wall height, it is considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive dwelling is considered to have been achieved.

 

As such, it is recommended the SEPP 1 objection be supported and the development application be approved subject to the attached conditions.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA10/0034 proposed first floor dwelling addition at Lot D DP 398660 (No. 37) Joseph Street, Kingswood be received.

2.     The SEPP 1 objection relating to the maximum external wall height be supported.

3.     Development Application10/0034 seeking consent for the construction of a First Floor Addition at 37 Joseph Street, Kingswood be approved subject to the attached conditions:

Standard Conditions

3.1       A001 -  Approved Plans

          A008 – Works to BCA requirements

A009 – Residential Works DCP

A043 - Air Conditioner for existing dwelling

D009 – Covering Waste Storage area

D010 – Waste disposal

E001 – BCA compliance

E005 – Smoke Alarms

H01F – Stamped plans and erection of site notice

H002 -  All forms of construction

H011 – Engineering plans and specifications

H013 – Further details of building components

H015 – Termite protection

H017 – Loads on existing buildings

H022 - Survey

H030 – Roof colours

H041 – Hours of work

K016 – Stormwater

L008 -  Tree Preservation Order

L012 – General landscaping

P001 – Costs

P002 - Fees

Q001 – Notice of commencement and appointment of PCA

Q005 -  Occupation Certificate

 

 

ATTACHMENTS/APPENDICES

1. View

Site Plan

1 Page

Appendix

2. View

Site & Elevation Plans

2 Pages

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Site Plan

 

 

 


Ordinary Meeting

19 April 2010

Appendix 2 - Site & Elevation Plans

 

 

 



Ordinary Meeting

19 April 2010

A Green City

 

 

 

16

Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington  Applicant:  Phillip Neville;  Owner:  Teldraw Pty Ltd and Paul Burgess    

DA09/1225

Compiled by:                Robert Craig, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

      

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

 

Executive Summary

Council is in receipt of a Development Application for the construction of a multi-unit housing development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington. The proposed development consists of 1 x 1 bedroom and 2 x 3 bedroom attic‑style villas.

 

The subject proposal involves a 26.9% variation to Council’s development standard relating to the minimum lot width for multi-unit housing. The Development Application is therefore reported to Council for determination. The NSW Department of Planning now requires that proposed variations to development standards grater than 10% be determined by full Council.

 

The site is zoned 2(c) Residential (Low-Medium Density) under Penrith Local Environmental Plan 1998 (Urban Land). The proposed development is defined as “multi-unit housing”, 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. A site notice was also placed on the site. Council notified 79 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

 

An assessment of the proposal under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The following key issues have emerged as a result of this assessment process:

 

·    The applicant’s SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) objection seeking a variation from Council’s development standard relating to the minimum lot width for multi-unit housing.

·    Tree removal.

 

These matters are discussed in detail in the report.

 

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 unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed development and the proposal is not contrary to the public interest. The proposal is therefore worthy of Council’s support.

 

This report recommends that the application be approved subject to recommended conditions of consent.

 

Site and Surrounds

The subject site is located at the southern end of Judith Close. Judith Close is a short cul‑de‑sac road which intersects with Albert Street in Werrington. The site is situated approximately 200m to the north of the western railway line. Refer to the Locality Plan at Appendix No. 1 for further details.

 

The site is an irregular shaped allotment and has a land area of 858m2. The property width at the front boundary is 10.97m. The property fans out from this point to a width of 30.48m at the rear boundary. The depth of the site is variable and ranges from 35.05m to 47.24m. The site is orientated in a north-south direction from front to rear.

 

The site is currently occupied by an existing duplex and carport as well as 10 existing trees and plants, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, 2 monterey pines and a swamp mahogany eucalypt. The site is predominantly flat and has a gentle cross-fall to Judith Close.

 

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 includes the following aspects:

 

·    Demolition of the existing duplex and carport located on the site.

·    Construction of a multi-unit housing development consisting of 1 x 1 bedroom and 2 x 3 bedroom attic-style villas. Each dwelling contains a single car garage, lounge room, dining room, kitchen, bathroom, laundry and 1 or 3 bedrooms. Each dwelling has also been provided with private open space in the form of private courtyards.

·    The external building materials of the proposed dwellings will be a mix of fibrous cement panels with a cement render finish (ground floor level), painted weatherboard cladding (dormer faces) and metal roofing.

·    Removal of 9 existing trees and plants from the site, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, a monterey pine and a swamp mahogany eucalypt.

·    Related landscaping and stormwater drainage works.

 

Refer to Appendix No. 2 for A4 copies of the site plan, elevations and perspectives submitted with the application.

 

The Development Application has been accompanied by the following related documents:

 

·    Statements of Environmental Effects – Concise Architectural Drafting Designs.

·    SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) Objection – Concise Architectural Drafting Designs.

·    DCP (Development Control Plan) Variation – Concise Architectural Drafting Designs.

·    Landscape Report – Bio Engineered Solutions.

·    Tree Report – About Trees.

·    Waste Management Plan – P. Neville and R Cassidy.

 

Planning Assessment

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 having regard to those matters, the following issues have been identified for further consideration.

 

1.       Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument

Penrith Local Environmental Plan 1998 (Urban Land)

Permissibility

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

 

LEP and Zone Objectives

The proposed development is consistent with the aims and objectives of the LEP. The particular objectives of the 2(c) Residential (Low-Medium Density) zone are as follows:

 

(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, and

(vi) to allow a range of compatible non-residential uses.

 

The site is not located in a heritage conservation area. The proposed development will maintain the existing character of the streetscape based on the proposed single-storey design. The proposal provides for urban consolidation and a suitable variety of housing products. The proposed development therefore satisfies each of the relevant objectives of the 2(c) zone.

 

Development Standards

The proposed development has been assessed against the relevant development standards contained in the LEP relating to multi-unit housing and development generally in the 2(c) Residential (Low-Medium Density) zone, as detailed below.

 

Development Standards

Requirement

Compliance

Clause 11(4) – Lot Size

800m2

Yes (858m2).

Clause 11(4) – Lot Width

15m

No (10.97m). Refer to discussion regarding SEPP 1.

Clause 12(3) – Building Envelope

1.8m from property boundary and 45o height plane.

Yes.

Clause 12(3) – External Wall Height

3.5m

Yes (3.35m).

Clause 12(3) – Landscaped Area

40%

Yes (392m2/858m2 = 45.7%).

Clause 12(4) – Rear Setback

4m for single-storey.

Yes (4m).

Clause 13(2) – Solar Access

§ 3 hours direct sun to living areas.

§ 3 hours direct sun to neighbouring living areas.

§ Ceiling insulated to R3.0.

§ Walls insulated to R1.5.

§ Shading devices.

§ Yes.

 

§ Yes.

 

§ Energy efficiency requirements addressed via BASIX Certificate.

 

Clause 14 – General Design Principles

The proposed development is consistent with the general design principles detailed in this clause and relating to protection of local topography, streetscape and character, compatibility with the scale and design of neighbouring development and provision of contemporary standards of amenity within dwellings and open space areas.

 

Clause 28 – Tree Preservation

The proposed development necessitates the removal of 9 existing trees and plants from the site, including 3 weeping bottlebrushes, 2 jacarandas, 2 lemon scented gums, a monterey pine and a swamp mahogany eucalypt. An existing monterey pine situated at the rear centre of the site is proposed for retention. It is noted that the site is not mapped as containing any remnant endangered ecological communities as identified under the Threatened Species Conservation Act 1995.

 

The application has been accompanied by a Tree Report prepared by About Trees. The report recommends that Tree 1 and Trees 3 to 10 be removed and that Tree 2 be retained. The proposed development makes provision for the retention of Tree 2 in accordance with the recommendations of the Tree Report. The proposed level of tree removal is therefore appropriate in the circumstances of the case. The landscape plan for the site will more than compensate for the removal of these trees.

 

State Environmental Planning Policy No. 1 – Development Standards

The proposed development does not comply with Council’s development standard relating to the minimum lot width for multi-unit housing. Clause 11(4) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that in the 2(c) Residential (Low‑Medium Density) zone, the minimum lot width for multi-unit housing is 15m. The subject site has a lot width of 10.97m at the front property boundary, representing a proposed variation from the development standard of 26.9%.

 

The applicant has accompanied the application with a written objection to the minimum lot width requirement for multi-unit housing under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Council to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

 

Section 4(1) of the Environmental Planning and Assessment 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:

 

(a) the area, shape or frontage of any land, the dimensions of any land [emphasis added], buildings or works, or the distance of any land, building or work from any specified point…

 

Based on this definition, Council’s requirement relating to the minimum lot width for multi‑unit housing can be categorised as a development standard. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

 

The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum lot width requirement for multi-unit housing is reproduced in part below.

 

As per the LEP 1998, Clause 11(4), this site at 3 Judith Close, Werrington has a front boundary of only 10.975m on the arc. At the 7.5m front setback an arc is achievable of 15.410m … also the rear boundary is 30.480m in length. This site does meet the minimum site area as per the LEP. This site is an irregular shape being at the end of a cul-de-sac, all other boundaries are far greater than the minimum 15.0m required …

 

The proposed new residence has been designed in conjunction with the owners to blend with the existing surrounding neighbourhood, and to be aesthetically pleasing, with this in mind we are asking Penrith City Council to waiver … the LEP 1998 for minimum boundary length … This multi-unit development will only add to the streetscape of the area.

 

The applicant’s proposed variation to the minimum lot width requirement for multi-unit housing must be assessed against the objectives of the standard. The objectives of the development standard are discussed below.

 

(a)  Allow development that promotes housing choice.

 

The proposed development incorporates 1 x 1 bedroom and 2 x 3 bedroom attic-style villas and therefore makes suitable provision for housing choice.

 

(b)  Preserve available development potential for multi-unit housing.

 

The proposed development seeks approval for the construction of multi-unit housing and therefore satisfies this objective.

(c)  Achieve an appropriate separation between buildings and site boundaries.

 

The site is an irregular shaped allotment. The property width at the front boundary is 10.97m. The property fans out from this point to a width of 30.48m at the rear boundary. The property width at the 7.5m front building setback is 15.41m. Appropriate separation has therefore been achieved between the proposed dwellings and site boundaries.

 

In accordance with Clause 7 of SEPP 1, the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3. The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum lot width for multi-unit housing would be unreasonable and unnecessary in the circumstances of the case.

 

State Environmental Planning Policy No. 55 – Remediation of Land

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) aims to provide a framework for the assessment, management and remediation of contaminated land throughout the state. Clause 7(1) of SEPP 55 prevents Council from consenting to a development unless it has considered whether the land is contaminated, and 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.

 

There is no evidence to suggest that the subject land has previously supported any activities which may have resulted in land contamination. This information is sufficient to conclude that a Stage 1 Preliminary Site Investigation is not warranted. Accordingly the provisions of SEPP 55 have been satisfied.

 

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

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (REP 20) integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment. The plan applies to all parts of the catchment in the Sydney region (15 local government areas, including Penrith), except for land covered by Sydney Regional Environmental Plan No. 11 – Penrith Lakes Scheme. The REP is supported by an Action Plan, which includes actions necessary to improve existing conditions.

 

The proposed development is in accordance with the general planning considerations set out in Clause 5 of the REP and the relevant specific planning policies and related recommended strategies set out in Clause 6. In particular, provision will be made for adequate erosion and sediment control measures to ensure sediment as a result of the development is not deposited in the Hawkesbury-Nepean River via the stormwater system.

 

Stormwater run-off from the proposed development will be directed to 3 x 3,500 litre rainwater tanks. Stormwater overflow from the rainwater tanks will be directed to Council’s existing stormwater drainage system in Judith Close. Council’s Development Engineer has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

 

2.   Section 79C(1)(a)(iii) – The Provisions of 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. The proposed development is considered to be of a safe and satisfactory design which promotes crime prevention in its existing environment.

 

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.

 

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 actions to mange the generation, storage and disposal of wastes. Suitable provision has been made for the storage of waste and garbage and recycling bins on the site.

 

Section 4.4 Residential – Villa-Style Development

The proposed development has been assessed against Council’s development controls for villa-style development. The following table summarises the key development controls applicable to the proposed development and the proposal’s compliance with these 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.

§ Yes (9.1m).

 

§ Yes (6.3m).

 

5.3 Front and Rear Setbacks

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

§ Rear setback 4m for single-storey.

§ Yes (7.5m).

 

 

§ Yes (4m).

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.

 

Visitor Parking:

§ 1 space per 5 units.

 

§ Yes (Unit 1: 2 car spaces).

 

§ Yes (Unit 2: 2 car spaces; Unit 3: 2 car spaces).

 

§ Yes (1 visitor car space).

5.5 Landscaped Area

§ 40% of site area.

§ 2m minimum dimension.

§ Yes (45.7%).

§ Yes.

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.

 

§ No. Minor point encroachments only (Units 1 & 3).

5.7 Solar Planning

§ 3 hours solar access to living areas.

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

§ Yes.

 

§ No (Unit 3), but courtyard larger than minimum required area.

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.

§ No. Minor point encroachments only

§ Yes.

§ No. Horizontal proportion required to improve dwelling amenity and solar access.

§ 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.

§ Maximum 1.2m high fencing forward of building line.

§ Maximum 500mm high retaining walls.

§ Yes.

 

§ No (condition).

 

 

§ 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.

 

3.   Section 79C(1)(a)(iv) – The Provisions of the Regulations

Subject to the imposition of conditions of consent, Council’s Building Surveyor has raised no objection to the proposed development regarding fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

 

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

Context and Setting

The proposal is consistent with the existing character of other development in the locality.

 

The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area.

 

The proposal will have no adverse impacts on the natural environment.

 

Access, Parking and Traffic

While the proposal will produce a minor increase in local traffic flow, no adverse traffic generation impacts are expected as the local road network has adequate spare capacity to cater for this increase.

 

Provision has been made for appropriate access arrangements to the site and the required number of on-site car parking spaces for residents and visitors to the site.

 

Water and Energy

Introduced by the NSW Government, BASIX, the Building Sustainability Index, ensures dwellings are designed to use less potable water and be responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for houses and units. BASIX applies to all residential developments throughout NSW with a total estimated cost of works of $50,000 or more.

 

BASIX is an online program whereby the user (usually the building designer) enters data relating to the house or unit design (e.g. location, size, building materials, etc) into the BASIX tool. BASIX analyses this data and determines how it scores against the water and energy targets. The design must pass specific targets (which vary according to location and building type) before the user can print the BASIX Certificate.

 

The BASIX Certificate lists all the commitments the user has agreed to. The proposed development satisfactorily incorporates the commitments nominated by the BASIX Certificate for the Development Application stage of the proposal. The Principal Certifying Authority (PCA) will check these and the other BASIX commitments at the various stages of construction of the development.

 

 

Social and Economic Impacts

The proposed development poses no potential adverse social or economic impacts.

 

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

The site attributes are conducive to the development proposal. 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

Community Consultation

In accordance with Section 2.7 Notification and Advertising of Penrith Development Control Plan 2006, the proposed development was advertised in the local newspapers and notified to the owners and occupiers of adjoining and nearby properties. The exhibition period for the proposal was from 9 December to 23 December 2009. A site notice was also placed on the site. Council notified 79 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

 

Referrals

The table below summarises the results of internal referrals in relation to the proposal.

 

Referral

Comments

Building Surveyor

No objection, subject to standard conditions.

Development Engineer

No objection, subject to Special Conditions 2.2 to 2.15.

 

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

The site is suitable for the proposed development. 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. 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 contributions are applicable to the proposed development:

 

Contributions Plan

Contribution

Cultural Facilities

$321.00

Penrith City District Open Space Facilities

$5,019.00

Footpath Construction in the Established Residential Areas of the City

$228.00

Penrith City Local Open Space

$1,817.00

Total Contributions

$7,385.00

Conclusion

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 site is suitable for the proposed development and the proposal is in the public interest. The proposal is therefore worthy of Council’s support.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington be received.

2.     The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to Council’s development standard relating to the minimum lot width for multi-unit housing under Clause 11(4) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.     Development Application DA09/1225 for a Multi-Unit Housing Development at Lot 3 DP 551445, (No. 3) Judith Close, Werrington be approved subject to the following conditions:

          Standard Conditions

3.1     A001          Approved plans

            A008          Works to BCA requirements

            A009          Residential works DCP

A019                    Occupation Certificate

A038                    Lighting locations

A039                    Graffiti

A043                    Air conditioning unit

A046                    Obtain Construction Certificate before commencement of                  works

B001                    Demolition of existing structures

B002                    Australian Standard for demolition and disposal to          approved landfill site

B003                    Asbestos

B004                    Dust

B005                    Mud/soil

B006                    Hours of demolition work

D001          Implement approved sediment and erosion control          measures

D002          Spry grass

D005                    No filling without prior approval

D006                    Validation of fill material

D007                    Filling of land

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E001                     BCA compliance

F006                     Water tank and nuisance

G002                    Section 73

G004                    Integral Energy

G005                    Rainwater tank plumbing

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of                  construction works

H005                    Ancillary matters

H006                    Implement waste management plan

H022                    Survey Certificate

H024                    Glass installations to comply with AS 1288

H033                    Clothes drying facilities

H036                    Rainwater tank

H037                    Safe supply of water from catchment

H038                    Connection of rainwater tank supply

H039                    Rainwater tank pumps

H041                    Hours of construction work

K027                    Car parking

L001                     Approved landscaping plans

L002                     Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L008                     Tree preservation order

L010                     Tree protection measures

N001                    Section 94 contributions (Cultural Facilities) - $321

N003                    Section 94 contributions (District Open Space) - $5,019

N004                    Section 94 contributions (Footpath Construction) - $228

N005                    Section 94 contributions (Local Open Space) - $1,817

P001                     Costs

P002                     Fees associated with Council land

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Q010                    BASIX Certificate

Special Conditions

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

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

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

(a)  Provision of a heavy-duty vehicular crossing.

(b)  Provision of private drainage connection to Council’s road drainage system.

(c)  Removal of redundant vehicular crossings and reinstatement of kerb and gutter.

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

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

(f)   Replacement of damaged kerb and gutter for the full property frontage.

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

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

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

(a) Stormwater drainage.

(b) Paving works.

(c) Sealed pavement for all areas of vehicular access.

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

3.6     Stormwater drainage shall be discharged to:

(a) The existing site drainage system.

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

3.7     Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that vehicular access, pedestrian access, car parking and manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS 2890.2 and Penrith City Council’s Development Control Plan.

3.8     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.

3.9     Prior to the commencement of works, a dilapidation report of all Council owned infrastructure fronting the development in Judith Close is to be submitted to Penrith City Council. The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

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

3.11   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.

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

3.13   Prior to the issue of an 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.

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

3.15   Prior to the issue of an Occupation Certificate, a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed. The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site Plan, Elevations and Perspectives

4 Pages

Appendix

  


Ordinary Meeting

19 April 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

19 April 2010

Appendix 2 - Site Plan, Elevations and Perspectives

 

 

 





Ordinary Meeting

19 April 2010

A Green City

 

 

 

17

Development Application DA10/0026 for Alterations and Additions to an Existing Child Care Centre at Lot 1164 DP 713808 (No. 35) Sunflower Drive, Claremont Meadows  Applicant:  Jahangir Shamsabad and Charlene Shamsabad;  Owner:  Jahangir Shamsabad and Charlene Shamsabad    

DA10/0026

Compiled by:                Robert Craig, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

      

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

 

Executive Summary

Council is in receipt of a Development Application for alterations and additions to an existing child care centre at Lot 1164 DP 713808, (No. 35) Sunflower Drive, Claremont Meadows. The purpose of the intended alterations and additions is to enable the child care centre to accommodate an additional 10 children aged 2 to 6 years. The child care centre currently accommodates 14 children in this age group.

 

The subject proposal involves a 28.3% variation to Council’s development standard relating to the minimum landscaped area of a site. The Development Application is therefore reported to Council for determination. The NSW Department of Planning now requires that proposed variations to development standards grater than 10% be determined by full Council.

 

The site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan 1998 (Urban Land). The proposed alterations and additions relate to a previously approved child care centre which is a permissible form of development in the 2(b) zone with the consent of Council. The proposed development has been notified to nearby and adjoining residents. Council notified 24 property owners and occupiers in the surrounding area and received no submissions in relation to the proposal.

 

An assessment of the proposal under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken. The following key issues have emerged as a result of this assessment process:

 

·    The applicant’s SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) objection seeking a variation from Council’s development standard relating to the minimum landscaped area of a site

·    Access, parking and traffic

·    Noise impacts

 

These matters are discussed in detail in the report.

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 unlikely to have a negative impact on the surrounding environment. The site is suitable for the proposed development and the proposal is not contrary to the public interest. The proposal is therefore worthy of Council’s support.

 

This report recommends that the application be approved subject to recommended conditions of consent.

Background

Development Application No. DA07/1027 for a child care centre at No. 35 Sunflower Drive, Claremont Meadows was approved by Council under delegated authority on 13 December 2007. The approved child care centre included the following components:

 

·    Conversion of an existing single-storey dwelling house into to a child care centre accommodating a maximum of 14 children aged 2 to 6 years and serviced by 2 staff members. The approved hours of operation were from 7am to 6pm, Monday to Friday

·    Construction of a new 6m wide driveway off Sunflower Drive

·    Construction of a car park in the front building setback area to Sunflower Drive accommodating 4 visitor car spaces and 2 staff car spaces

 

An Occupation Certificate for the child care centre was issued by Council on 15 August 2008. The child care centre commenced operations on 3 September 2008 and is known as the Sunflower Childcare Centre.

Site and Surrounds

The subject site is located on the north-eastern corner of the intersection of Sunflower Drive and Carnation Avenue in Claremont Meadows. The site is situated approximately 135m to the south of the Great Western Highway, although there is no direct vehicular access from the Claremont Meadows estate to the Great Western Highway. Refer to the Locality Plan at Appendix No. 1 for further details.

 

The site is 795m2 in area, 31.175m wide, 22m deep and is orientated in a south-west/north-east direction from front to rear. The site is predominantly flat and has a gentle cross-fall to Carnation Avenue.

 

The site is currently occupied by an existing single-storey dwelling house which has been converted into a child care centre with related car parking to the Sunflower Drive frontage and outdoor play areas in the rear yard. There is no significant vegetation located on the property, although there are two existing street trees in the nature strip surrounding the property.

 

The surrounding area is characterised by low-density (single dwelling) residential development.

The Proposed Development

The proposed development includes the following alterations and additions to the existing child care centre:

·    Modifications to the existing internal floor layout including the extension of the children’s activity room, relocation of the kitchen/staff respite area and the addition of a shower and children’s water closet (w.c.) pan in the children’s toilet area

·    Removal of the existing garage door fronting Sunflower Drive and replacement with a new window commensurate with the expanded area of the children’s activity room. The area below the new window will be timber clad and painted brown to match the existing external building materials

·    Construction of a small external storage shed in the outdoor play area

·    Construction of a new verandah off the south-east side of the building to provide additional shaded outdoor play area

·    Construction of 2 additional on-site stacked car spaces for use by staff members only. The expanded car park will accommodate 5 visitor car spaces and 3 staff car spaces

 

The purpose of the proposed alterations and additions is to enable the child care centre to accommodate a maximum of 24 children aged 2 to 6 years and 3 staff members. The hours of operation will remain unchanged.

 

Refer to Appendix No. 2 for A4 copies of the site plan, floor plan and elevations submitted with the application.

 

The Development Application has been accompanied by the following related documents:

 

·    Statements of Environmental Effects – Vista Design Architects

·    SEPP 1 (State Environmental Planning Policy No. 1 – Development Standards) Objection – Vista Design Architects

·    Noise Statement – Pollution Control Consultancy and Design

Planning Assessment

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 having regard to those matters, the following issues have been identified for further consideration.

 

1.       Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument

Penrith Local Environmental Plan 1998 (Urban Land)

Permissibility

The subject site is zoned 2(b) Residential (Low Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposed alterations and additions relate to a previously