30 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 3 May 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 - 19 April 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 Ė Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.†††††††††† ADDRESSING THE MEETING

 

6.†††††††††† MAYORAL MINUTES

 

7.†††††††††† NOTICES OF MOTION

8.†††††††††† ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Valley Community Safety Partnership Meeting - 31 March 2010.

Access Committee Meeting - 7 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 3 May 2010

 

table of contents

 

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITYíS ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

Weíve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in natureís gifts

Of beauty rich and rare;

In historyís page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

Weíll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those whoíve come across the seas

Weíve 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 Cityís

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

 

 

 

ďSovereign 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.Ē

 

 

 

 

 


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 on 9/11/09 and amended by Council on 19/4/10)

 

 

 

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

 

19

16#

6Ł

11®

8#

13

(7.00pm)

22#

22

19

24#

21*

 

 

27^

(7.00pm)

 

29

 

Policy Review Committee

7.30pm

15

8

 

10

 

 

9

13@

 

15

 

 

29@

 

 

28

12

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

Ł

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 19 APRIL 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 Cityís Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 March 2010

94† RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 22 March 2010 be confirmed.

DECLARATIONS OF INTEREST

Councillor Kaylene Allison declared a Pecuniary Interest in Item 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† as she is employed by the Catholic Church.† Councillor Allison stated that she would not take part in discussion on this matter and would leave the Chamber.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 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 as he is a† Director of a company of which the applicant is also a Director.† Councillor Fowler OAM stated that he would not take part in discussion on this matter and would leave the Chamber.

 

 

 

His Worship the Mayor, Councillor Kevin Crameri OAM, declared a Non-Pecuniary Conflict of Interest Ė Less than Significant in Item 20 Ė Review of Development Applications Processed in Llandilo as he is a resident and landowner of Llandilo.

 

Councillor Jim Aitken OAM Ė† refer to declaration preceding† Item 5 in Committee of the Whole - Commercial Matter.

Councillor Ross Fowler OAM Ė† refer to declaration preceding† Item 5 in Committee of the Whole - Commercial Matter.

 

 

SUSPENSION OF STANDING ORDERS

95† RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ben Goldfinch that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:43 pm.

 

Mr Spencer Buchanan

 

Item 13 Ė Development Application DA09/0148 Torrens title Subdivision of one into two lots at Lot 4 DP 571754 (No. 14) Fourth Avenue, Llandilo

 

Mr Buchanan, applicant and consultant to the owner, spoke in support of the application.† Mr Buchanan outlined the reasons for the SEPP1 objection and in particular the circumstances relating to property tenure.† Mr Buchanan requested Council to support the proposal for subdivision on the basis of circumstances.

 

 

Mr Vince Hardy

 

Item 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

 

Mr Hardy, applicant and urban planning consultant, spoke in support of the recommendation and stated that the proposed development would provide much needed mixed use development for the Penrith CBD.† Mr Hardy then thanked Council officers for their timely consideration of the application.

 

 

Mr David Workman

 

Item 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

 

Mr Workman, a consultant acting on behalf of an objector, spoke against the recommendation for approval of the application, stating that the objection was in regard to the modification only, in that the objector considered it would represent a significant departure from that originally approved, particularly in terms of land use composition.† Mr Workman stated that the objector had concerns relating to potential view loss, safety, sustainability, pedestrian amenity and accessibility.† Mr Workman concluded by requesting that the application be refused or determination deferred until such time as all issues raised have been adequately addressed.

 

 

Mr Jonathan Moody

 

Item 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

 

Mr Moody, an applicant/spokesperson, spoke in opposition to the recommendation for refusal of the application.†† Mr Moody provided a brief history of the property, and stated that he required a release from the strata title to Torrens Title to enable him to undertake improvements on his home.

 

 

Mr Peter Laybutt

 

Item 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

 

Mr Laybutt, spokesperson for the applicant,† spoke in support of the recommendation for approval.† Mr Laybutt stated the access driveway was important to the school to provide emergency access for student safety as well as ongoing effective maintenance of the school.† Mr Laybutt commended the report and recommendations, noting that key issues raised such as noise impacts, privacy, sunlight access, safety, security and crime prevention have been addressed by the applicant.† Mr Laybutt then answered questions regarding the consultation process and the ongoing concerns of residents.†

 

 

Mr Donald Barnes

 

Item 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

 

Mr Barnes, an affected neighbour, spoke in opposition to the recommendation for approval, stating that the school already has adequate emergency access in Cassar Crescent, Cranebrook.† Mr Barnes was concerned that the southern access driveway did not include an adequate buffer zone between the student access and houses.† Mr Barnes raised other issues of concern such as traffic congestion due to the driveway being two-way; the existing fence needs to be built higher, and conditions not being enforced after hours.† Mr Barnes concluded by reiterating that the access driveway does not need to be retained as there is access off Cassar Crescent.

 

 

RESUMPTION OF STANDING ORDERS

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

 

Notices Of Motion

 

1††††††† Penrith Press Article of 26 March 2010††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Greg Davies requested that this Motion be WITHDRAWN, as the questions raised have been answered in a memo to all Councillors and in advertisements placed in local newspapers.

 

Reports of Committees

 

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

97† RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 25 March, 2010 be adopted.

 

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

98† RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 29 March, 2010 be adopted.

 

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

99† RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies 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

 

A Leading City

 

1††††††† NSW Local Infrastructure Fund††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

100† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies

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.

 

3††††††† Amendments to 2010 Meeting Calendar††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

101† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies

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.

 

 

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

102† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies that the information contained in the report on 22nd Women, Management and Work Conference - 29 to 30 July 2010 be received.

 

 

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

103† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies that the information contained in the report on Australian Local Government Women's Association (ALGWA) NSW Branch State Conference be received.

 

 

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

104† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies

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.

 

2††††††† Regional and Local Community Infrastructure Program Round 2††††††††††††††††††††††††††††††††††

105† RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Prue Guillaume

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.

 

 

4††††††† International Links Program 2010†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

106† RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill

That:

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

 

2.†††† His Worship the Mayor, Councillor Kevin Crameri, OAM and Councillor Mark Davies attend Stage 1 to China and Korea, accompanied by a business delegation arranged by the Penrith Business Alliance, and Councillor Kevin Crameri OAM attend Stage 2 which is a visit to the Cityís international partners in Japan accompanied by a community delegation organised by the Penrith International Friendship Committee.

 

7††††††† NSW Government Metropolitan Transport Plan

Councillor Marko Malkoc left the meeting, the time being 8:29 pm and did not return.

†††††††††

107† RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jim Aitken OAM

That:

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

 

2.†††† Councilís Acting Design and Technical Advice Manager be given the delegated authority to finalise Councilís submission on the Metropolitan Transport Plan Ė ĎConnecting the City of Citiesí to the State Government in terms of the comments outlined in the report.

 

 

3.†††† Council write to the current local representatives for our State requesting their support to work with the Council to ensure that key omissions in the Metropolitan Transport Plan Ė ĎConnecting the City of Citiesí are brought back on the agenda, including an immediate prioritisation of the transport corridors, and measures to improve security and safety on trains.

 

A City of Opportunities

 

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

108† RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jim Aitken OAM

That:

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

2.†††† The draft ĎPlanning for an Ageing Communityí Strategy be adopted with the amendments and additions as identified in the report, and with an addition to Table 1 at 4.4.2 to expand the action with the following words:† ď... and co-ordinate with agencies ways to overcome the impact of social isolationĒ .

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

 

10††††† Mobile Playvan Annual Report†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

109† RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jim Aitken OAM

That:

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

2.††††† The Mobile Playvan staff and the Childrenís Services Manager, Ms Janet Keegan,† be congratulated on outcomes achieved in 2009.

 

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

110† RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown

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 Councilís 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 Councilís Community and Cultural Development Manager and Legal Officer.

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

7.†††† A further report be presented to Council detailing the issue of indexation of funding for the Don Bosco Youth and Recreation Centre.

8.†††† Council thank the Don Bosco Youth and Recreation Centre for the considerable recreational activities it provides for youth in the St Marys area.

A Green City

 

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

111† RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

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.

 

 

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

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

That:

1.†††† The information contained in the report on Development Application DA09/0148 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.

 

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 Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

 

Having previously declared a Pecuniary Interest in Item 14, Councillor Ross Fowler OAM left the meeting, the time being 8:58 pm.

 

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

 

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

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 Councilís determination.

 

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 Jackie Greenow

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:59 pm.

 

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

114† RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Prue Guillaume

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 Ė Works to BCA requirements

A009 Ė Residential Works DCP

A043 - Air Conditioner for existing dwelling

D009 Ė Covering Waste Storage area

D010 Ė Waste disposal

E001 Ė BCA compliance

E005 Ė Smoke Alarms

H01F Ė Stamped plans and erection of site notice

H002 -† All forms of construction

H011 Ė Engineering plans and specifications

H013 Ė Further details of building components

H015 Ė Termite protection

H017 Ė Loads on existing buildings

H022 - Survey

H030 Ė Roof colours

H041 Ė Hours of work

K016 Ė Stormwater

L008 -† Tree Preservation Order

L012 Ė General landscaping

P001 Ė Costs

P002 - Fees

Q001 Ė Notice of commencement and appointment of PCA

Q005 -† Occupation Certificate

 

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 Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

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

 

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

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 Ė Development Standards to Councilís 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 Councilís 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 Housingís ďManaging Urban Stormwater: Soils and ConstructionĒ 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 Councilís 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 Councilís 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 Councilís 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 Councilís 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 Councilís 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 Housingís ďManaging Urban Stormwater: Soils and ConstructionĒ 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 Councilís drainage system, an inspection is to be carried out by Penrith City Councilís Development Engineering Unit. A fee will be charged in accordance with Councilís 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 Councilís 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.

 

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 Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

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

 

116† RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

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

2.†††† The objection pursuant to State Environmental Planning Policy No. 1 Ė Development Standards to the landscaped area development standard under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.†††† 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 be approved subject to the following conditions:

Standard Conditions

2.1†††††† A001††††††††† Approved plans

A008††††††††††††††††††† Works to BCA requirements

A009††††††††††††††††††† Residential works DCP

A011††††††††††††††††††† Engineering works DCP

A012††††††††††††††††††† Food shop

A019††††††††††††††††††† Occupation Certificate

A020††††††††††††††††††† Use of building

A021††††††††††††††††††† Business registration

A026††††††††††††††††††† Advertising sign

A029††††††††††††††††††† Hours of operation

A039††††††††††††††††††† Graffiti

A043††††††††††††††††††† Air conditioning unit

A046††††††††††††††††††† Obtain Construction Certificate before commencement of †††††††††††††††† works

B002††††††††††††††††††† Australian Standard for demolition and disposal to †††††††††††††††††† ††††††††† approved landfill site

D001††††††††† Implement approved sediment and erosion control †††††††† measures

D005††††††††††††††††††† No filling without prior approval

D009††††††††††††††††††† Covering of waste storage area

D010††††††††††††††††††† Appropriate disposal of excavated or other waste

D014††††††††††††††††††† Plant and equipment noise

E001A††††††† BCA compliance (Class 2-9)

E002†††††††††††††††††††† BCA issued to be addressed

E006†††††††††††††††††††† Disabled access and facilities

E009†††††††††††††††††††† Annual fire safety Ė essential fire safety (Class 2-9 †††††††††††††††††† ††††††††† buildings)

F022†††††††††††††††††††† Commercial kitchens (kitchen exhaust system)

H001††††††††††††††††††† Stamped plans and erection of site notice

H002††††††††††††††††††† Provision of site facilities prior to commencement of †††††††††††††††† construction works

H006††††††††††††††††††† Implementation of waste management plan

H013††††††††††††††††††† Further details of building components

H024††††††††††††††††††† Glass installations to comply with AS 1288

H041††††††††††††††††††† Hours of construction work

K016††††††††††††††††††† Stormwater

K025††††††††††††††††††† Pavement seal

K027††††††††††††††††††† Car parking

L001†††††††††††††††††††† Approved landscaping plans

L002†††††††††††††††††††† Landscaping construction

L003†††††††††††††††††††† Landscaping report requirements

L005†††††††††††††††††††† Planting of plant material

L006†††††††††††††††††††† Australian Standard landscaping requirements

L007 ††††††††††††††††††† Tree protection measures

L008†††††††††††††††††††† Tree preservation order

L012†††††††††††††††††††† Existing landscaping

P001†††††††††††††††††††† Costs

P002†††††††††††††††††††† Fees associated with Council land

Q01F††††††††††††††††††† Notice of commencement and appointment of PCA

Q006††††††††††††††††††† Occupation Certificate

Special Conditions

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

(a)† The new window that will replace the garage door, in addition to all existing windows and doors, shall have suitable locks installed to avoid vulnerable break and enter points

(b)† The new external storage shed shall be well secured

(c)† All existing gates to side or rear access points shall be lockable

(d)† The new landscaping in the form of shrubs to the front of the car parking area shall be low in height. Dense vegetation with concentrated top to bottom foliage shall be avoided. The use of low vegetation will improve surveillance, provide clear lines of sight and avoid concealment areas along the frontage of the site

(e)† The existing planting adjoining the front fencing to Sunflower Drive shall remain in place to minimise opportunities for graffiti and malicious damage. The vegetation shall be wall hugging to avoid opportunities for concealment

(f)†† The existing external lighting facing the driveway area shall have a wide beam of illumination which reaches to the beam of the next light, or the perimeter of the area being traversed (i.e. the car parking area)

(g)† Lighting shall be directed towards access/egress routes to illuminate potential offenders as well as the areas where people are most vulnerable

(h)† Lighting shall be contained within the property boundary and no light shall be projected upwards

(i)†† Where appropriate, movement sensitive and diffused lights shall be used

(j)†† All lighting shall be vandal resistant where practical

2.3†††† Prior to the issue of a Construction Certificate, a detailed landscape plan for the development shall be submitted and approved. The landscape plan shall be designed by a landscape professional listed in Council's Approved Landscape Consultants Register as suitable to design category 2 landscape works. The landscape plan shall be in accordance with the relevant provisions of Section 2.6 (Landscape) of Penrith Development Control Plan 2006. The landscape plan shall make provision for additional shrub planning in front of car space 8

2.4†††† Prior to the issue of a Construction Certificate, a waste management plan for the development shall be submitted and approved. The waste management plan shall be in accordance with the relevant provisions of Section 2.9 (Waste Planning) of Penrith Development Control Plan 2006

2.5†††† The child care centre alterations and additions shall comply with the requirements of the Childrenís Services Regulation 2004 and shall be appropriately licensed by Community Services (formerly DoCS) prior to the commencement of operation

2.6†††† The child care centre shall accommodate a maximum of 24 children aged 2 to 6 years and 3 staff members at any one time

2.7†††† The stacked car parking spaces shall be for ďstaff parking onlyĒ and shall signposted or marked accordingly

2.8†††† Appropriate sight lines shall be maintained from the driveway in accordance with AS 2890.1 (2004)

2.9†††† The car parking area design shall comply with the provisions of AS 2890.1 and AS 2890.2

2.10†† The recommendations relating to the development contained in the Noise Statement dated 16 January 2010 prepared by Pollution Control Consultancy and Design shall be satisfactorily implemented. Certification from a suitably qualified acoustic consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of an Occupation Certificate

2.11†† The construction of the new stud wall in the existing garage shall comply with the following requirements:

(a)† Weepholes and flashing shall be provided at the base of the cavity

(b)† Flashing shall be provided between the inside of the engaged piers and the internal wall linings

2.12†† The front exit door shall be capable of being opened by a single-handed downward action without the need to resort to a key in accordance with Clause D2.21 of the Building Code of Australia, at all times that the building is occupied

2.13†† 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 Councilís Development Control Plan

2.14†† A designated hand wash basin must be supplied within the food preparation area for hand washing only. It must be supplied with warm water through a common spout in compliance with AS 4674-2004 and Food Safety Standard 3.2.3. The hand wash basin must also be supplied with soap and paper towel. The hand wash basin must be hands free as required by AS 4674-2004

2.15†† Where an external garbage bay will be operated, the garbage area must be constructed and maintained in accordance with the requirements of Food Safety Standard 3.2.3 and the Protection of the Environment Operations Act 1997. Specifically, external garbage storage areas are to be paved, graded, drained to a waste disposal system and provided with a hose tap to facilitate cleaning

2.16†† To ensure the dishwasher is effectively able to sanitise food utensils and equipment, it must be capable of reaching 80oC for 2 minutes, 75oC for 10 minutes or 70oC for 15 minutes in the rinse cycle as required by AS 4674-2004

2.17†† As required by AS 4674-2004, mechanical ventilation shall be provided in accordance with AS 1668, Parts 1 and 2, to the dishwasher if it vents steam into the surrounding area to the extent that there is, or likely to be, condensation collecting on walls and ceilings. If required, the installer of the exhaust system shall certify and submit appropriate documentation to Council prior to the issue of the Occupation Certificate that the system has been installed in accordance with AS 1668

2.18†† All floors within the food business are to be constructed, finished and appropriately coved in accordance with AS 4674-2004

2.19†† All walls within the food business are to be of solid construction and finished in accordance with AS 4674-2004

2.20†† The ceiling is to be constructed in accordance with AS 4674-2004. Please note drop-in panels are not permitted

2.21†† The premises shall be proofed against the entry of pests in accordance with AS 4674-2004

2.22†† In addition to the hand wash basin located in the food preparation area, a hand wash basin with warm water through a common spout in compliance with AS 4674-2004 and Food Safety Standard 3.2.3 must be installed within or immediately adjacent to the toilet. This hand wash basin must also be supplied with soap and paper towel. All hand wash basins must be hand free as required by AS 4674-2004.

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 Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

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

117† RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that consideration of this matter be deferred and a further report be presented to Council.

 

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

 

For

Against

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

 

 

Having previously declared a Pecuniary Interest in Item 19, Councillor Kaylene Allison left the meeting, the time being 9:03 pm.

 

 

 

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

118† RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that consideration of this matter be deferred until an on-site meeting has been held.

 

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

 

For

Against

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Kevin Crameri OAM

 

 

His Worship the Mayor, Councillor Kevin Crameri OAM, reiterated his previous declaration of† a Non-Pecuniary Conflict of Interest Ė Less than Significant in Item 20 Ė Review of Development Applications Processed in Llandilo as he is a resident and landowner of Llandilo.

 

 

20††††† Review of Development Applications Processed in Llandilo

Councillor Robert Ardill left the meeting, the time being 9:06 pm.

Councillor Kaylene Allison returned to the meeting, the time being 9:06 pm.

Councillor Robert Ardill returned to the meeting, the time being 9:07 pm.

119† RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain that the information contained in the report on Review of Development Applications Processed in Llandilo be received.†

 

 

A Liveable City

 

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

120† RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel for the period October 2009 Ė March 2010 be received.

 

 

 

 

 

 

 

 

22††††† Great River Walk Stage 7 Grant Application (2010)†††††††††††††††††††††††††††††††††††††††††††††††††††††††

121† RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.†††† The information contained in the report on Great River Walk Stage 7 Grant Application (2010) be received.

2.†††† Council endorse the lodgement of the application for the 2010 Metropolitan Greenspace Program grant for the Great River Walk Stage 7 (2010).

 

 

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

122† RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Tanya Davies

That:

1.†††† The information contained in the report on Tender Reference 32-09/10 for the provision of Hired Plant and Equipment be received.

2.†††† The tenders received from Action Cranes Pty Ltd, Allards Plant Hire Pty Ltd, Aqua Assets Pty Ltd, Australian Grader Hire, Barry Bros. Specialised Services Pty Ltd, Centenary Cranes Pty Ltd, CivworX, Coates Hire Operations Pty Limited, Cockerill Contracting Pty Ltd, Conplant Pty Ltd, Debner Cranes Pty Ltd, Down Under Pipeline Surveys Pty Ltd, E&B Tipper Hire, Edson Tilt Tray Service, Envirocivil Pty Ltd, Everwilling Cranes Pty Ltd, Groundforce Excavations & Earthmoving P/L, Harley Cranes Pty Ltd, J Fairall Earthmoving Pty Ltd, Kennards Hire Pty Ltd, Kingston Plant Hire Pty Ltd, Level - N - Load Plant Hire Pty Ltd, Mace Plant Hire Pty Ltd, Maxhire , Morag Bray & Noel Bray, Mozaf Pty Ltd, On Line Pipe & Cable Locating, P & M Galea Pty Ltd, Penrith City Cranes Pty Ltd, Premiair Compressor Services Pty Ltd Trading as Premiair Hire, R D Works Pty Ltd, Raygal Pty Ltd, Road Construction, SBH Australia Pty Limited, Sharpe Bros (Aust) Pty Ltd, Spyder Excavations Pty Ltd, Stanton Corporation Pty Ltd, SydneyWide Pipe Cleaning Pty Ltd, The Watercart Specialists Pty Ltd, Total Drain Cleaning Services Pty Ltd, Transpacific Industrial Solutions Pty Ltd, Tresfold Pty Ltd and Veolia Water Network Services for offer to hire plant and equipment be accepted for a period of twenty four (24) months commencing 1 July 2010 and the tenderer with the required equipment meeting the selection criteria of price (including transport costs), availability, suitability for work, age and condition of plant and equipment and past performance be hired as and when required.

 

 

 

 

 

Procedural Motion Ė Item 9 of Report and Recommendations of the Policy Review Committee Meeting held on 29 March 2010

 

Councillor Jackie Greenow referred to a memo, dated 19 April 2010, from Councilís Environmental Health Manager about the nomination of a Councillor representative to the Office of the Hawkesbury Nepean Stakeholder Committee.

 

123RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that Councillor John Thain be nominated as Councilís representative to the Office of Hawkesbury Nepean Stakeholder Committee (as referred to in Item 9 of the Report and Recommendations of the Policy Review Committee Meeting held on 29 March 2010).

 

 

Councillor John Thain left the meeting, the time being 9:21 pm.

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1††††† M4 Cycling Safety - Erskine Park Off Ramp†††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Greg Davies requested that consideration be given by the Local Traffic Committee to the provision of a verge or other modifications to the off ramp from the M4 at Erskine Park Road, to improve safety for cyclists.

 

QWN 2††††† Noise from Waste Collection Service - Sainsbury Street, St Marys†††††††††††††††††††††

Councillor Greg Davies requested a memo reply to all Councillors concerning complaints of noise from waste collection trucks, prior to 6.00 am, in the area of Sainsbury Street, St Marys.

 

Councillor John Thain returned to the meeting, the time being 9:23 pm.

 

QWN 3††††† Rejection of application for Use of St Marys Community Hall††††††††††††††††††††††††††††††

Councillor Greg Davies requested an urgent memo reply as to the reasons for the rejection of a New Yearís Eve hiring application of the St Marys Community Hall for an Anglo-Indian cultural celebration.

 

Councillor Greg Davies left the meeting, the time being 9:24 pm.

 

 

QWN 4††††† Referral of Item to Committee of the Whole††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor John Thain requested consideration of a commercial matter in Committee of the Whole as the matter 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.

 

 

 

 

QWN 5††††† Alternative and Supplementary Electricity Supply to Residents†††††††††††††††††††††††††††

Councillor John Thain requested a comprehensive report to Council looking at models and ways of attracting partners in alternative and supplementary electricity co-generator plants etc as a way of supplying electricity to residents.

 

QWN 6††††† Parking Issues - Preston Street, Jamisontown††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Prue Guillaume requested that the Local Traffic Committee investigate and report back on parking issues on Preston Street, Jamisontown that are affecting Dunn & Farrugia employees and customers.

 

QWN 7††††† Speeding Issues - St Andrews Drive, Glenmore Park††††††††††††††††††††††††††††††††††††††††††††

Councillor Prue Guillaume requested a memo reply as to the possibility of adding St Andrews Drive, Glenmore Park to the roster for the mobile speed unit.

 

Councillor Greg Davies returned to the meeting, the time being 9:27 pm.

 

QWN 8††††† Tree Planting at Surveyors Creek Softball Facility††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Prue Guillaume requested a memo reply concerning the shade trees being planted at the Surveyors Creek Softball Facility.

 

QWN 9††††† Traffic Calming Devices ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Kevin Crameri OAM requested an urgent report to Council concerning the use of traffic calming devices within the City that are being mistakenly used as pedestrian crossings.

 

QWN 10††† Mayo Road, Llandilo††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Kevin Crameri OAM requested a report to Council considering the possibility of renaming part of Mayo Road, Llandilo.

 

QWN 11††† Nordoff-Robbins Foundation Charity Event††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Ross Fowler OAM requested that an amount of $950 be allocated equally from each Wardís voted works towards purchasing a table for 10 at the Nordoff-Robbins annual charity ball to be held on 1 July 2010.

 

124† RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as an urgent matter.

 

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

 

125† RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an amount of $950 be allocated equally from each Wardís voted works towards purchasing a table for 10 at the Nordoff-Robbins annual charity ball to be held on 1 July 2010.

 

QWN 12††† Leukaemia Foundation Charity Ball††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor John Thain requested that an amount of $550 be allocated equally from each Wardís voted works towards hire of St Marys Memorial Hall for the Leukaemia Foundationís Charity Ball to be held on 20 August 2010.

 

126† RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow 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.

 

127† RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that an amount of $550 be allocated equally from each Wardís voted works towards hire of St Marys Memorial Hall for the Leukaemia Foundationís Charity Ball to be held on 20 August 2010.

 

 

 

Committee of the Whole

 

128RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Jim Aitken OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:31 pm.

 

Councillors Greg Davies, Robert Ardill and Prue Guillaume left the meeting, the time being 9:31 pm.

 

Councillor Tanya Davies left the meeting, the time being 9:31 pm and did not return.

 

1††††††† Presence of the Public

 

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

 

 

A Leading City

 

2††††††† Commercial Matter - Leasing of Part of Council Depot at 44-59 Copeland Street, Kingswood to Great Community Transport Incorporated†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

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.

 

 

 

 

A Green City

 

3††††††† Commercial Matter - Organics Processing/Treatment Contract†††††††††††††††††††††††††††††††††††††

 

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

 

 

4††††††† Penrith Recycled Water Scheme Stage 2†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

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.

 

 

5††††††† Commercial Matter

 

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

 

 

The meeting resumed at 10:05 pm and the Acting General Manager reported that the Committee of the Whole met at 9:31 pm on 19 April 2010, the following being present

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

CONFIDENTIAL BUSINESS

 

2††††††† Commercial Matter - Leasing of Part of Council Depot at 44-59 Copeland Street, Kingswood to Great Community Transport Incorporated

Councillor Greg Davies returned to the meeting, the time being 9:34 pm.†††††

 

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kaylene Allison

CW2 That:

1.†††† The information contained in the report on Commercial Matter - Leasing of Part of Council Depot at 44-59 Copeland Street, Kingswood to Great Community Transport Incorporated be received.

2.†††† Council grant Great Community Transport Incorporated a 5 year Licence Agreement with a 5 year option over part of 44-59 Copeland Street, Kingswood in accordance with terms and conditions as outlined in the report.

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

 

3††††††† Commercial Matter - Organics Processing/Treatment Contract

Councillor Robert Ardill returned to the meeting, the time being 9:35 pm.

Councillor Prue Guillaume returned to the meeting, the time being 9:36 pm.††††††††††††††††††††††††††††††††††††††

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

CW3 That:

1.†††† The information contained in the report on Commercial Matter - Organics Processing/Treatment Contract be received.

2.†††† Council authorises both the Group Manager Ė Legal & Governance and the Manager Waste & Community Protection to sign the contract variation agreement to the Organics Processing/Treatment Contract as detailed in this report.

3.†††† A memo be provided to all Councillors on the contamination strategy, including timeframes and the proposed warning steps to minimise contamination.

 

 

 

 

 

 

 

 

 

4††††††† Penrith Recycled Water Scheme Stage 2†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

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

††††††††† CW4 That:

1.†††† The information contained in the report on Penrith Recycled Water Scheme Stage 2 be received.

2.†††† Council continue discussion with Panthers with the aim of securing their commitment to the proposed Scheme.

3.†††† Council formally request DEWHA to structure the grant and funding agreement to:

a.††† Allow a first round allocation of $250,000 for Council to undertake the required detailed design and risk assessment;

b.††† Include a clause within the funding agreement where progression of the project is subject to costs being confirmed within the grant allocation of $2.7 million and a satisfactory risk assessment.

Councillors Jim Aitken OAM and Ross Fowler OAM declared an interest in Item CW5 as they are shareholders in a newspaper circulating within Councilís area, and left the meeting, the time being 9:54 pm and did not return.

 

5††††††† Commercial Matter

 

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee

††††††††† CW5 That the matters raised by Councillor John Thain be received and noted.

 

ADOPTION OF Committee of the Whole

 

129† RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3,† CW4 and CW5 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:09 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:

 

ďI (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 meetingĒ.

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

††† Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


Mayoral Minutes

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

1††††††† The passing of Hawkesbury City Councillor Rex Stubbs OAM

 

2††††††† Council wins Local Government Cultural Award 2010

 



Ordinary Meeting

3 May 2010

A Leading City

 

Mayoral Minute

The passing of Hawkesbury City Councillor Rex Stubbs OAM

 

It is with sadness that I advise that Hawkesbury City Councilís longest serving Councillor and former mayor Councillor (Dr) Rex Stubbs OAM passed away on Saturday 24 April, aged 60 years. He had been battling ill health since 2009 but continued performing his civic duties until recently.

 

Cr Stubbs was a descendant of six generations of Hawkesbury families and was a much loved and passionate advocate for the Hawkesbury area, in particular its heritage, history, cultural life and agricultural industry.

 

Cr Stubbs was first elected to Hawkesbury City Council in 1983 and went on to serve for over 26 years, including an amazing 10 terms as Mayor and one term as Deputy Mayor. He was awarded for this outstanding service by the Local Government Association of NSW.

 

Rex was actively involved in many committees and played a valuable role in a wide range of projects. He was also a general practitioner and a member of the Hawkesbury Historical Society for nearly 30 years. For his many contributions and achievements, he was awarded an OAM in 2001 for service to local government and the Hawkesbury community.

 

Rexís passing is a sad loss to this region, and on behalf of Council I offer our deepest sympathy to his family, his many friends and colleagues. I have written to the Mayor of Hawkesbury City Council to convey our sincere condolences to the Council and staff.

 

 

 

Councillor Kevin Crameri OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on The passing of Hawkesbury City Councillor Rex Stubbs OAM be received.

 


Ordinary Meeting

3 May 2010

A City of Opportunities

 

Mayoral Minute

Council wins Local Government Cultural Award 2010

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

†††††††††††

 

I am proud to advise that Penrith City Council recently won the category Integrated Cultural Policy Implementation for Magnetic Places: Communities Making Creative Spaces at the 2010 Local Government Cultural Awards. These prestigious awards recognise innovation and excellence in cultural development.

 

Magnetic Places is an initiative led by Penrith City Councilís Neighbourhood Renewal Program, which has been recognised as a leader in its field. Penrith City Council was proud to invest $35,000 funding in the community for these Magnetic Places events and programs. The program has transformed public spaces into magnetic, creative and meaningful places for people to meet.

 

Importantly, it has been local residents who have created the activated spaces through working with professional artists, local businesses, schools and community organisations. The projects have brought public spaces to life, increased pride and belonging, and helped communities to tell their stories about where they live.

 

Projects have been held across the City including in St Marys, Oxley Park, Erskine Park, St Clair, Kingswood Park, North St Marys, Llandilo, Penrith and Cranebrook.

 

I would like to thank and congratulate Jeni Pollard, Cali Vandyk-Dunlevy, Heather Chaffey and Erich Weller from the Community and Cultural Development Department, and all the artists, community partners and communities involved in Magnetic Places for achieving this outstanding result.

 

The awards were hosted by the NSW Local Government and Shires Association at Parliament House, Sydney on 29 April. †In recognition of the award Council received a unique hand made silk wall hanging, commissioned by the Society of Arts and Crafts of NSW.

 

Councillor Karen McKeown, Community and Cultural Development Manager, Erich Weller, Community and Cultural Development staff and creator of the One Move One Voice project Dante Barcoma attended and accepted the award on our behalf.

 

††

 

Councillor Kevin Crameri OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Council wins Local Government Cultural Award 2010 be received.


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


Reports of Committees

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

1††††††† Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 31 March 2010

 

2††††††† Report and Recommendations of the Access Committee Meeting held on 7 April 2010

 



Ordinary Meeting

3 May 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
Penrith Valley Community Safety Partnership MEETING

HELD ON 31 March, 2010

 

 

 

PRESENT

Councillor Karen McKeown; Councillor Kaylene Allison; Kylie Chang, St Marys Local Area Command; Grant Healey, Penrith Local Area Command; Olivia Kidon, Penrith Council; David Burns, Penrith Council; Yvonne Perkins, Penrith Council; Gina Field, Penrith Valley Chamber of Commerce; Gladys Reed, Penrith City Centre Association; Alison Pearson, Penrith Council; Linda Baumgartner, Penrith Local Area Command; Julie Passau, Penrith Local Area Command; Jeni Pollard, Penrith Council; John Moir, RailCorp Security Division.

 

APOLOGIES

His Worship the Mayor, Councillor Kevin Crameri OAM; Anthony Holton, St Marys Local Area Command; Ray Filewood, St Marys Local Area Command; Ben Feszczuk, Penrith Local Area Command; Wendy Herne, St Clair-Erskine Park Community Safety Association; Susan Page, Glenmore Park Action Group; Mary Cook, Glenmore Park Action Group; Tracy Leahy, Penrith Council; Murray Halls, Penrith Council.

 

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 25 November 2009

The minutes of the Penrith Valley Community Safety Partnership Meeting of 25 November 2009 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

Prior to the commencement of the meeting, David Burns welcomed and introduced Olivia Kidon as the new Community Safety Coordinator, replacing Allison Kyriakakis whilst she is on 12 months maternity leave.

 

1††††††† Penrith Valley Community Safety Plan 2007-2011 -† Key Strategy Development†††††††††

1.†† Alcohol Free Zones and Alcohol Free Areas

Yvonne advised that following the submission of a report to Councilís Ordinary Meeting in November 2009, an additional 10 Alcohol Free Zones and 2 Alcohol Free Areas have been established at identified locations across the Penrith Local Government Area.

The signage will be reviewed in conjunction with existing signage to coincide with the four (4) year review period which ends 30 June 2013.

A number of additional Alcohol Free Zones and Alcohol Free Areas have been proposed as follows:

 

Alcohol Free Zone:

∑†††† Wainwright Lane, Kingswood.

 

Alcohol Free Area:

∑†††† Public space and reserve surrounding Werrington County Childrenís Centre and Namatjira Neighbourhood Centre located on John Bateman Avenue and Henry Lawson Avenue, adjacent to Werrington County Primary School;

∑†††† Woodriff Gardens, Penrith, located on the corner of the Great Western Highway and Castlereagh Road;

∑†††† The ďGreen SpaceĒ located between the Joan Sutherland Performing Arts Centre, Westfield Penrith and the Civic Centre (12 months only);

∑†††† Reserve located off Pendock Road next to Progress Way, Cranebrook.

David advised that a report will be prepared and submitted at Councilís Ordinary Meeting in May seeking support for the establishment of additional Alcohol Free Areas and Alcohol Free Zones at the above identified locations.

Yvonne advised that the Partnership monitors requests for Alcohol Free Areas and Alcohol Free Zones on a quarterly basis. Evidence is currently being obtained through the collection and recording of drug and alcohol paraphernalia at identified locations by Parks Maintenance Crews and Public Domain Maintenance staff.

Yvonne further advised that a request has been received regarding the Alcohol Free Area at Victoria Park, St Marys. Currently, the Alcohol Free Area is time limited between 10.00pm and 8.00am. There has been a request to prohibit the consumption of alcohol in this location 24 hours per day.

2.†† NSW Attorney Generalís Projects

ĎPlate Safeí Program

Olivia advised that since the November 2009 Partnership meeting the delivery of the Plate Safe program has been amended and re-submitted to the Department of Justice and Attorney General NSW.† The amended program was submitted to the Department in November 2009 and has since been approved, with the program being extended to December 2010.

Olivia further advised that the anti theft screws will be fitted to vehicles at public fitting sessions. If residents are unable to make a fitting session, alternative fitting sessions will be available throughout 2010 by contacting Council.

Public fitting sessions will be conducted at three locations within the Penrith City Local Government Area as follows:

1. † Saturday 24 April 2010

††††† 10.00am Ė 1.00pm

††††† Penrith City Council, Civic Centre Car Park

††††† 601 High Street, PENRITH

 

2. † Saturday 22 May 2010

††††† 10:00am - 1:00pm

††††† St Marys Shopping Centre Car Park

††††† Charles Hackett Drive, ST MARYS

 

3. † Saturday 19 June 2010

††††† 10:00am - 1:00pm

††††† Penrith Swimming Centre Car Park

††††† Station Street, PENRITH

 

Olivia advised that promotional materials are almost complete and will be sent to the Department of Justice and Attorney General NSW early next week for approval.

 

Jane Street Car Park Crime Prevention Through Environmental Design (CPTED) Project

 

David advised that the Jane Street CPTED project has not yet commenced. Council has been advised that the CPTED project has been rolled into a much larger maintenance project involving upgrades by RailCorp at Penrith and St Marys transport interchanges.

 

David further advised that the contract has been let by RailCorp and is due to commence in May and completed by December 2010. David added that this timeframe does not fit in with the Attorney Generalís agreed completion date and Council is seeking a meeting with RailCorp to progress the Jane Street CPTED project to enable completion by June 2010.

 

3. † Closure of land between Reddington Avenue and Diamantina Close, St Clair

David advised that the parcel of land between Reddington Avenue and Diamantina Close, St Clair has now been closed and gated.

There were some initial problems experienced with people still trying to access the space as a thoroughfare by kicking in existing colorbond fencing to pass through. This behaviour resulted in the installation and extension of additional fencing whilst Councilís Property Development Department looks at rezoning and dividing the land prior to disposal.

4.†† Domestic Violence Resource Project

Olivia advised that the first stage of the project, Training Needs Analysis, is well underway. A consultant has been appointed to engage with local non Government Organisations (NGOís) to establish training needs.

A survey was developed seeking feedback from NGOís about their experiences, skill shortages and training and development needs around domestic violence. To date, more than 100 surveys have been completed. In addition to the completion of the surveys, two (2) focus groups have been held to further explore findings from the surveys.

Olivia also advised that interviews will be conducted with Job Network providers and an Aboriginal and Torres Straight Islander worker to identify further training and development needs.

Upon conclusion of all consultations a report will be compiled detailing the results and outcomes of the Training Needs Analysis.

Olivia further advised that the second stage of the project, the provision of training to the NGO sector, is yet to be decided on the best way forward.

5.†† Cranebrook Street Lighting Enhancement Project

Yvonne advised that the Cranebrook Street Lighting Enhancement project is taking longer than anticipated in the design stage.

Integral Energy has now given approval and a contractor has been engaged for the construction of lighting.

6.†† Draft Code of Practice Ė Public Spaces CCTV Program

Yvonne advised that a draft Public Spaces CCTV Program Code of Practice report was prepared and proposed to be submitted to Council early next month. Yvonne further advised that this has been delayed in light of the CCTV Directions Forum, hosted by the International Security Management and Crime Prevention Institute. The conference will be held in May and Council sees this as an opportunity to further develop and inform the existing Draft Code of Practice policy.

7.††† Citywide Graffiti Minimisation Strategy

Warner Group Graffiti Education Program

Olivia advised that Warner Group has commenced delivery of the final phase of the Graffiti Education program for 2009/2010.

Olivia further advised that since the commencement of the program in July 2008, 235 performances have been delivered to 119 Primary School and 45 Secondary Schools across the Penrith City Local Government Area reaching approximately 8085 primary school students and 4919 secondary school students. Many of the schools have received the program a number of times.

Council has received a number of calls from other Councils seeking advice and information on the program.

Yvonne added that if anyone would like to sit in on a performance please let her know and arrangements will be made.

Graffiti Contractor

David advised that Council underwent a tender process at the end of 2009 for a new graffiti removal contractor. 1800 NO GRAFFITI was appointed as the successful applicant entering into a two year contract with an option to extend for another one year.

Lukes Lane Reserve Ė Green Screening Project

David advised that a Green Screening project is being implemented in Lukes Lane, St Clair similar to the green screening project that was implemented at Ched Towns Reserve, Glenmore Park some years ago.

In addition to the green screening project, a number of other strategies have also been implemented to minimise other issues impacting on the space including the establishment of Alcohol Free Areas and the installation and refurbishment of bollards.

It is anticipated works will be completed by the end of the financial year.

 

Graffiti Action Day

David advised that a meeting was held with the CEO from Keep Australia Beautiful to discuss the Graffiti Action Day initiative programmed for May.

The Graffiti Action Day is a partnership between Keep Australia Beautiful and the NSW Government.

As a result of the meeting that took place with Keep Australia Beautiful CEO, David advised that Council will offer six sites within the Penrith City Local Government Area to remove graffiti with the assistance of volunteers.

David advised that Council staff will be supervising graffiti removal teams at each location. Council staff will also provide site inductions, OH&S procedures and hazard identification.

Keep Australia Beautiful will be supplying products to assist with graffiti removal. A new product that will be used is gel based and suitable for graffiti removal on almost any surface. David further advised that using this product will be a good opportunity to trial the effectiveness of the product for possible use by Councilís Graffiti Removal Crews.

The Graffiti Action Day will be held on Sunday 2 May 2010.

Early Indications of a Reduction in Graffiti

Statistics on graffiti removal have shown that although the number of graffiti incidents reported have not decreased, there has been a reduction in the total square metres of the graffiti removed.

David advised that it is proposed to submit a detailed report on the graffiti minimisation strategy to the June Partnership meeting. Yvonne also added that Diane Cook from Warner Group will be invited to the meeting to provide feedback and commentary on the progress of the Graffiti Education Program to date.

Yvonne advised that staff audits are also reflecting lower findings of graffiti across the City.

RECOMMENDED that the information contained in the report on Penrith Valley Community Safety Plan 2007-2011 -† Key Strategy Development be received.

 

Regular Items

 

A) Police Statistics

 

Penrith Local Area Command Crime Statistics

 

November Ė December 2009 - January Ė February 2010

 

Crime Category

Nov

Dec

Jan

Feb

Assault

93

91

90

83

Robbery

0

5

7

4

Break & Enter

66

64

52

69

Stealing

174

228

156

176

Steal Motor Vehicle

48

45

46

53

Malicious Damage

131

112

114

112

Drug Detection

26

24

20

13

Traffic Offences

647

697

515

565

Motor Vehicle Accident

75

54

67

58

 

St Marys Local Area Command Crime Statistics

 

November Ė December 2009 - January Ė February 2010

 

Crime Category

Nov

Dec

Jan

Feb

Assault

124

103

107

131

Robbery

12

9

9

11

Break & Enter

50

54

59

66

Stealing

108

110

126

120

Steal Motor Vehicle

35

40

36

40

Malicious Damage

133

159

150

128

Drug Detection

21

9

17

8

Traffic Offences

632

816

513

465

Motor Vehicle Accident

69

50

51

54

 

 

B) Whatís in the Media?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


GENERAL BUSINESS

GB 1††††††††† Young Offenders Graffiti Removal Program ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

A discussion was held regarding opportunities to refer young offenders into graffiti removal tasks as part of their outcome plan following conference sessions. Currently, Police are referring offenders to volunteer graffiti removal programs at Blacktown, facilitated by Blacktown City Council.

An outcome plan is an agreed plan between the young offender and Police and must be completed within six months to avoid a court appearance and sentencing. As part of the plan young offenders are required to achieve four (4) to twelve (12) hours of community service.

The outcome plan could also include tasks such as litter collection or participation in an education program.

It was agreed that Council would explore the feasibility of running supervised graffiti removal/litter collection sessions that would include young offenders. Council will contact Blacktown City Council to discuss their current program that involves young offenders.

 

GB 2††††††††† Installation of music speakers High Street, Penrith

Gladys advised that the installation of music speakers along High Street, part of Station Street and Woodriff Lane, is now complete.

The speakers commenced operation last Monday with a variety of music played on a loop. There have been some mixed responses to the project from a small number of CBD retailers and Gladys advised there are some difficulties being experienced with trying to program the night time music.

Gladys also advised that a modulator has been installed along with the system. This is designed to adjust noise levels with street noise and road noise. In addition, individual speakers can be turned down to assist with noise levels.

 

GB 3††††††††† Cranebrook Green Street Project††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

David advised that Housing NSW will be implementing their Green Street project in Cranebrook. The project is designed to improve the amenity of an area with the installation of super advanced street trees and the supply of plants for local residents to plant in front gardens.

 

GB 4††††††††† Anti Social Behaviour Ė Glenmore Park††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Councillor Karen McKeown advised she has received advice of anti social behaviour occurring in Glenmore Park. She requested that a Report it, Donít Ignore It kit be sent to a local resident in response to his complaint.

 

There being no further business the Chairperson declared the meeting closed the time being 8.00pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 31 March, 2010 be adopted.

 

 


Ordinary Meeting

3 May 2010

A City of Opportunities

 

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 7 April, 2010

 

 

 

PRESENT

Councillor Prue Guillaume (Chair), Councillor Jackie Greenow, John Farragher, Denise Heath, Michael Morris (5.26pm).

 

IN ATTENDANCE

 

Schandel Jefferys, Principal Planner North; Joe Ibbitson, Community Programs Coordinator; Robyn Brookes, Disability Services Officer; Grant Collins, Recreational and Cultural Facilities Planner; Ben Felten, Disability Access Officer; Jeni Pollard, Acting Community and Cultural Development Manager; Victoria Patterson, Landscape Architect; John Gordon, Parks Manager; Steve Barratt, Regulation and Compliance Unit Coordinator; Hans Meijer, City Works Manager; Adam Byrnes, Stockland (5.20pm); Robyn Thompson, Access Associates (5.20pm); Anton James, JMD Design (5.20pm).

APOLOGIES

Apologies were received from Sherille Stephens, Ronda Hopkins, Councillor Robert Ardill and Graham Howe.

CONFIRMATION OF MINUTES - Access Committee Meeting - 3 February 2010

The minutes of the Access Committee Meeting of 3 February 2010 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

 

A Green City

 

3††††††† Development Application Referrals to the Access Committee††

 

DA10/0299†††††††† Jacaranda Park, 93-131 Ridgetop Drive, Glenmore Park Stage 2 Release Area

The guest speakers for the Jacaranda Park Development Application - Adam Byrnes, Robyn Thompson and Anton James arrived at the meeting 5.20pm.

 

Adam Byrnes, from Stockland Pty Ltd, advised that there will be two large extensions to the Glenmore Park suburb in the Stage 2 release.† Stockland has two large land parcels to be developed with 600 homes in Precinct B which abuts Glenmore Park Stage 2.† A DA has been lodged for Jacaranda Park and four DAs have been lodged for subdivision of the land.

 

The park is location driven but already partly built.† It is on a ridge top with fantastic views to the Blue Mountains.

 

Anton James, JMD Design, advised that a site visit and investigation had been carried out.† It is a beautiful site with views to the west and remnant trees.† The site is steep with over 6m cut on the western and southern side of the park.† There is a 1:5 grade slope on two sides of the park.† A series of walls will be introduced with an open grass hill top, utilising the north facing aspect.

 

Michael Morris arrived at the meeting at 5.26pm.

 

Anton James also advised the following features would be included in the park:

 

∑††† the amphitheatre which is located at the northern end of the park

∑††† portions of the circulation route to the eastern side of the park will be maintained with access to the top of the hill

∑††† there is an open viewing area at the top of the hill and some seating provision

∑††† the playground for toddlers to age 12 is located at the bottom of the park

∑††† the top of the park is a passive open grass area

∑††† an arbour which will be planted with deciduous vines

∑††† three terrace long seating walls

∑††† two blocks of paving with seating at the top.

 

Robyn Thompson, Access Associates advised that an accessible parking space is located near the entry to the play equipment. There is a hard stand path into the play area with 1:33 grade.† A circulation path is provided around the play area.† There are seats with backs and bins and bubblers located near the path of travel at the entry. The existing path is 1:12 and paths are wide enough for two wheelchairs to pass.

 

Issues discussed by the Committee included:

 

∑††† the distance from the footpath to the top of the hill

∑††† one accessible park space is not considered to be adequate

∑††† the footpaths do not connect

∑††† not enough relief seating is provided

∑††† kerb and guttering

∑††† difficulty determining contrast between stainless steel and concrete

∑††† the walls are knee height and will have an edge that you can go along with a cane

∑††† lack of barbecue and toilet facilities

∑††† toilet facilities at sporting fields are locked because of vandalism.

 

Councillor Guillaume thanked the guests for their presentation on Jacaranda Park in Glenmore Park.

 

Adam Byrnes, Anton James and Robyn Thompson left the meeting at 5.44pm.

 

Lengthy discussion was held regarding the lack of toilet facilities in parks across Glenmore Park.† John Gordon undertook to investigate the opportunity to have some of the toilets at the sporting fields open through the day.† Jeni Pollard advised that the new Glenmore Park Child and Family Precinct toilets will be day time accessible.

 

Councillor Guillaume requested a report come back to the Committee regarding access to toilet facilities in Glenmore Park.

 

The Committee also further discussed the following issues:

 

∑††† the need for an accessible path of travel

∑††† the need for more than one carpark space

∑††† lighting in the park.

 

Issues identified in relation to providing further toilet facilities were:

 

∑††† the need to have a uniform policy across all parks

∑††† equity of provision across the City

∑††† opening hours and use of existing toilet facilities at sporting fields

∑††† the possibility of undertaking an audit

∑††† the population using the park

∑††† maintenance of the facilities

∑††† the development of a policy for provision of toilet facilities in parks.

 

DA10/0203†††††††††††††††††† Proposed Medical Centre, 36-40 Henry Street, Penrith

 

Michael Morris apologised for arriving late to the meeting and for not attending the February meeting.

 

The meeting held a supper break at 6.10pm and reconvened at 6.16pm.

 

Schandel Jefferys spoke to the development application for a proposed medical centre located in Henry Street next door to the existing 7-Eleven store.† The existing building will be demolished to build a single story medical centre.† Twenty-eight car parking spots will be provided with two accessible parking spaces near the entry of the building.† There is pedestrian and vehicular access to the building with a 1:14 ramp.† Male and female amenities are provided and the staffroom is located at the back of the building.

 

An Access Report was prepared and submitted with the application.† It is recommended that tactile ground surface indicators be incorporated into the conditions of consent.

 

Issues discussed by the Committee included:

 

∑††† the provision of examination tables with adjustable height

∑††† the layout of the waiting area to include circulation space for wheelchairs and prams

∑††† the grade of the parking spaces for people with disabilities

∑††† direct path of travel from carpark spaces to the entrance of the building.

 

Councillor Greenow reiterated that the Committee requests extra accessible carparking spaces in two different locations at the new Jacaranda Park.

 

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

 

 

A City of Opportunities

 

1††††††† Universal Design Playground††††††††

 

Grant Collins gave a presentation on universal design including the background to Rance Oval, Werrington, the chosen site for the universal design playground in Penrith.

 

Schandel Jefferys left the meeting at 6.25pm.

 

Grant Collins advised that the universal design playground would be located in the north-eastern corner of the site.† The delivery of the playground will be in stages.† Stage 1 is development of an amenities building.† Stage 2 is accessible pathway connections, vehicular access and a safe drop off point.† Stage 3 is the development of the universal design playground after funding becomes available.

 

John Gordon advised that $250,000 is available from Section 94 for Stage 1.† An application for additional funds of $200,000 from NSW Sport and Recreation was lodged a few months ago.

 

Grant Collins advised he is applying for an Australian Research Council ARC Linkage Project to conduct a PhD project to build knowledge in social sustainability (universal design).

††

RECOMMENDED

 

That:

 

1.†††† The information contained in the report on Universal Design Playground be received.

2.†††† The Access Committee endorse the draft Master Plan for the Rance Oval site.

 

2††††††† Disability Policy and Programs - Federal and NSW Context†††††

 

Joe Ibbitson introduced Robyn Brookes, the new Disability Services Officer, to the Access Committee and welcomed her to her first meeting.† Robyn Brookes will be supporting the Access Committee and liaising with people regarding reports and other matters.

 

Joe Ibbitson reported some of the key highlights in developments in Federal and State government disability policy and programs over the past few years.

 

Victoria Patterson left the meeting at 6.59pm.

 

Denise Heath enquired about the NSW State Plan and the figure $2.26 billion to increase care and respite support on page 8 of the report.† Joe Ibbitson replied that he would look into it and report back.†

††

RECOMMENDED

 

That:

 

1.†††† The information contained in the report on Disability Policy and Programs - Federal and NSW Context be received.

2.†††† A further report be prepared on the Disability Standards for Access to Premises.

 

GENERAL BUSINESS

GB 1††††††††† Promotion of the Access Committee††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Michael Morris initiated discussion regarding improving community access to Committee members.† It was suggested to host a community forum twice a year with specific issues to be addressed.

 

Joe Ibbitson drew attention to some initiatives in the Penrith Inclusion Plan, including the breakfast forum with business leaders, and suggested bringing some ideas back to the next meeting for consideration.

 

Discussion was held around promotion of the Access Committee on Councilís website, advertising and a forum to raise the profile of the Committee.† Other suggestions were to include some information on the Access Committee in the Mayoral column, speak to the Media Liaison Officer or to bring a report back to the Committee on this issue.†

 

Steve Barratt advised there could be a media release regarding the Nepean Private Hospital with an opportunity to show the sort of improvements that have occurred and how businesses will come on board to change things if they are aware of access issues.† It was considered this was a good opportunity to promote the Committee and how it is working on behalf of the community.

 

Joe Ibbitson undertook to write a report regarding how to engage the community and raise awareness of the community representatives on the Access Committee through media outlets.

 

GB 2††††††††† Frizzle Sculpture Launch Ė 12 April 2010††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Joe Ibbitson advised that the Frizzle sculpture would be launched in Councilís Civic Centre foyer at 12noon on Monday 12 April 2010.† The Frizzle sculpture will be on display at Council for six weeks.† Joe Ibbitson asked that Committee members reply to the invitation to the launch if they hadnít already responded.

 

GB 3††††††††† Site Tour of Facilities††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Joe Ibbitson advised that site visits have been organised for Tuesday afternoon 20 April 2010 to Penrith Pool, St Marys Corner (Penrith Valley Cultural Precinct) and Glenmore Park Child and Family Centre.† Councilís Wheelchair Access Bus has been booked to travel to the sites.† Each site visit will last approximately 1Ĺ hours with a representative from each facility acting as a guide.

 

 

GB 4††††††††† Nepean Disability Expo††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Denise Heath advised that the Nepean Disability Expo Steering Committee had commenced planning for the 2010 Expo which will be held on 22 and 23 October 2010.† The last Nepean Disability Expo was held in 2008.† There are 12 people on the steering committee with representatives from Blue Mountains City and Hawkesbury City Councils.† There will be a sporting theme for the Expo this year.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.17pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 7 April, 2010 be adopted.

 

 

††



DELIVERY PROGRAM REPORTS

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

A Leading City

 

1††††††† Public Exhibition of draft Community Strategic Plan 2031,† draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011†

 

2††††††† Audit Committee

 

3††††††† 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions

 

4††††††† Cultural Planning Partnership

A City of Opportunities

 

5††††††† Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village

A Green City

 

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

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

 

7††††††† Development Application DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park . Applicant: Westminster Building Co. Pty. Ltd;† Owner: Preetpal Singh DA10/0235

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

 

8††††††† Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (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.

A Liveable City

 

9††††††† Proposed Additional Alcohol Free Zones and Alcohol Free Areas

††


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


A Leading City

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

1††††††† Public Exhibition of draft Community Strategic Plan 2031,† draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011†

 

2††††††† Audit Committee

 

3††††††† 2010 Australian Local Government Association (ALGA) National General Assembly of Local Government Motions

 

4††††††† Cultural Planning Partnership

 



Ordinary Meeting

3 May 2010

A Leading City

 

 

 

1

Public Exhibition of draft Community Strategic Plan 2031,† draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011††††

Compiled by:††††††††††††††† Geraldine Brown, Budget Accountant

Ken Lim, Management Planning Co-ordinator

David McIllhatton, Business Systems Co-ordinator

Tanya Jackson, Strategic Planning Co-ordinator

Allegra Zakis, Strategic Planning Co-ordinator

Authorised by:†††††††††††† Alan Stoneham, General Manager ††

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

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

†††††††

 

 

Executive Summary

∑†† The Local Government Amendment (Planning and Reporting) Act 2009 commenced on 9 October 2009.† This requires Council to prepare and adopt the Community Strategic Plan and associated documents by 30 June 2010.

 

∑†† Over the past 10 months the adopted Community Strategic Plan 2031 (CSP) and Delivery Program have been modified to meet new legislative requirements.† A draft Community Engagement Strategy (CES), draft Resource Strategy and† draft Operational Plan 2010-2011 have been prepared.† Council has been briefed on several occasions on the progress of the new documents.

 

∑†† It is proposed to exhibit the draft documents during May.† The CES details the methods proposed to engage with the community in developing and reviewing the Community Strategic Plan 2031 and accompanying documents during exhibition.

 

∑†† An ongoing difficult economic climate has presented challenges to preparing a balanced budget for 2010-11.† Adjustments have again been made which will not have significant impact on identified programs, but which are not sustainable in the long term.

 

∑†† Feedback from the 15 March Operational Plan Workshop, along with the initiatives proposed has been incorporated into the base budget providing for a current deficit of $113,000.

 

∑†† The Long Term Financial Model has been updated based on information gathered during budget preparation.

 

∑†† This report seeks Councilís endorsement to publicly exhibit the draft Community Strategic Plan and associated documents.

 

Background

The new Local Government Amendment (Planning and Reporting) Act 2009 requires all councils to prepare a Community Strategic Plan, Delivery Program, Community Engagement Strategy, Resource Strategy and Operational Plan.† As Penrith is a nominated ĎGroup 1í Council, the new Community Strategic Plan and its accompanying documents must be adopted by 30 June 2010.

 

On 29 June 2009, Council adopted the Penrith Regional City Strategic Plan 2031, Delivery Program 2009-2013 and 2009-10 Operational Plan.† This followed a comprehensive engagement process and enabled Council to continue working within a strategic planning framework, as it has done for around 20 years.† It was acknowledged, in endorsing the Ďinterimí Strategic Plan 2031 and Delivery Program 2009-2013 , that the framework of the documents would be revised over the following twelve months to ensure that it met the requirements of the new planning and reporting legislation.†

 

At the Briefing Session of 21 September 2009, Councillors were provided with an update on our progress in developing the new Strategic Plan and Delivery Program framework.† Further Briefings on the 15 March 2010 and 12 April 2010 provided Councillors with a further update on the Strategic Plan, Delivery Program 2009-2013, Resource Strategy and† Operational Plan 2010-2011 development including a background to the current challenges being experienced and measures being proposed to deliver a draft budget position.

 

The development of all three documents was the result of a comprehensive program of engagement which involved a range of workshops, briefings with Councillors, key stakeholders and partners through the ĎCity Futuresí Forum.† Council staff were also involved through a targeted survey.† The extensive engagement process has provided a robust basis on which to review the documents themselves, and the planning and reporting framework that links them, to ensure they meet the requirements of the legislation.

 

The draft Operational Plan 2010-2011 provides for the delivery of the second instalment of Councilís four-year Delivery Program within its Strategic Plan 2031.

 

Development and preparation of the draft Operational Plan has also taken place over these past few months and has involved extensive discussions with Council through a series of briefing sessions and reports.

 

The draft documents are presented tonight for Councilís consideration. The draft documents have been provided under separate cover and a summary of each follows.

Draft Community Strategic Plan 2031

The draft Community Strategic Plan 2031 identifies the priorities of the Cityís communities, and outlines long term strategic responses for achieving these goals.† It describes the Cityís future through five key themes (leading, opportunities, green, liveable and vibrant) which focus attention on the broad range of issues and activities that are important for our City and communities.

 


The draft Community Strategic Plan includes two key elements:

 

Community Outcomes

The Community Outcomes express the many ideas, messages and aspirations provided by our communities and stakeholders through the ĎCity Futuresí Forum, surveys, workshops and focus group sessions.† The Community Outcomes address issues in the City, and also Council as an organisation.

Some Community Outcomes are wholly within Councilís role to deliver, and some can be addressed in partnership with others.† Several Community Outcomes are beyond Councilís role and responsibilities.† They are issues on which Council can advocate, inform and influence, but are not within Councilís direct control.

Strategic Responses

The Strategic Responses outline what individuals, City partners, and Council can do towards achieving the Community Outcomes.†

The Strategic Responses that Council will deliver are clearly specified.† Council has two areas of focus in delivering Strategic Responses Ė one relates to what it does as an organisation, and the other relates to what it does in the City.† Council has a number of defined roles in working towards a sustainable future City Ė leader, advocate, custodian, facilitator, educator, regulator and service provider.† The roles relevant to each group of Strategic Responses are specified.

 

Appendix A indicates where to find key issues (such as Ďtransportí or Ďjobsí) in the draft Community Strategic Plan and draft Delivery Program.

 

The draft Community Strategic Plan 2031 is provided as Enclosure 1 to this report.

Draft Delivery Program 2009-2013

The draft Delivery Program 2009-2013 is the strategic document that guides Councilís work program over four years.† It sets out the strategic responses that Council will implement to contribute to the long term community outcomes.† The draft Delivery Program 2009-2013 identifies Ďpriorityí actions, and outlines all of Councilís programs.† It is currently nearing the end of the first year of the four year program.† The revised draft Council Delivery Program 2009-2013 is provided as Enclosure 2 to this report.

 

The first section uses the same framework as the draft Community Strategic Plan to clearly demonstrate the links between the documents.† The second section provides more detail on each of Councilís programs.† The draft Delivery Program includes three key elements:

 

Councilís Strategic Responses

The Councilís Strategic Responses outline those responses that Council will deliver.† These will contribute, with the responses of others, towards achieving the Community Outcomes.

Priorities

The Councilís Priorities highlight the actions that Councillors, our communities and our partners felt were particularly important.† These are the actions on which Council should focus, whilst continuing to deliver its ongoing programs.

Council Programs

Each Council program consists of one or more services.† The first section of the draft Delivery Program highlights the Key Council Programs that are primarily responsible for delivering each of the Strategic Responses.† Other programs may also contribute, or provide organisational support.

The second section of the draft Delivery Program provides details for each program on its strategic links, the ongoing activities for each service within that program, tasks that will be undertaken in specific years, and the annual program budgets.† Group Managers are responsible for the implementation of Council Programs.

 

The draft Delivery Program, in the second section of the document, shows ongoing activities (š) and tasks that will be completed within a specific year (Ā).† It identifies (in bold text) the priorities within each of the programs.† This reinforces that each of the priorities sit within a broader Council program, all of which needs to be delivered.† Unfunded or partly funded activities or tasks are also noted (in italics).† These will not be included in the relevant year/s of the Operational Plan unless the necessary funding becomes available.

Draft Community Engagement Strategy

The draft Community Engagement Strategy outlines how Council has engaged with its communities and relevant stakeholders in developing and finalising Strategic Plan 2031, and how the consultation process for the revised documents will be undertaken.† It will provide information on the proposed exhibition process for all draft documents.† The draft Community Engagement Strategy is included as Enclosure 3 to this report.

 

A range of community engagement activities are proposed as part of the public exhibition of the documents.† Further information on the public notification and consultation program is detailed in the ĎPublic Consultationí section to this report.

 

The exhibition will include information on the implications of a Special Rate Variation (SRV) from 2011-12, as the beginning of a full 12 months of consultation with our communities on this issue.† This does not commit Council to applying for a SRV, it simply provides an opportunity to explain to our communities the reasons why an SRV may be necessary.† The draft documents to be exhibited, particularly the Delivery Program which identifies unfunded and partially funded tasks, provide an ideal context for discussion around the potential costs and benefits of a SRV.

 

When this current strategic planning process has been finalised, it is intended that the Community Engagement Strategy will be enhanced by incorporating a longer term and regular consultation and engagement program with our communities.† Comments received during this process will assist in guiding our future comprehensive program.

Draft Resource Strategy

The Council Resource Strategy includes three key elements - a long-term Financial Plan, an Asset Management Plan and a Workforce Plan.† This is a critical link in translating the Community Outcomes into actions.† Preparation of the draft Resource Strategy has required a specific review of Councilís existing services, current priorities, and capacity.† It includes consideration of the Councilís long term financial standing, the sustainability of its workforce, and an understanding of how assets will be managed in the long term.

 

Assets

The Asset Management Plan primarily focuses on the need to improve the information Council has about the state of our assets and the expenditure that will be required to maintain them.† Detailed work has been done on the road network, however other asset categories Ė drains, parks, fleet and buildings Ė do not have a similarly comprehensive rating system or information base.† The key message which has emerged so far is the need to ensure that assets are maintained in a financially responsible manner, and that a balance needs to be found between community expectations and available resources.

 

People

The Workforce Plan identifies key actions that Council needs to do to ensure its Delivery Program can be resourced and implemented.† Current challenges include attracting and retaining staff, skills shortages (in areas such as planning, engineering and early childhood teaching) and an ageing workforce.† It outlines policies and programs needed to address these issues, as well as responding to changing workforce needs now and in the future.

 

The Workforce Plan aims to guide the development of Councilís workforce in the future based on sustainability, wellbeing and governance.† Together these address issues of supporting staff through changes in lifecycle and career, physical and mental health of staff, and efficient, effective and ethical staff management.†

 

Finance

The final chapter of the Resource Strategy contains a Long Term Financial Model, with associated information around assumptions and implications of the model.† Three scenarios are presented Ė conservative, planned and optimistic.† These scenarios form part of the sensitivity and risk analysis relating to the outcomes of the model.† Councilís financial status is monitored regularly, and the Long Term Model provides an opportunity for Council to identify potential financial issues at an early stage and gauge their effect in the longer term.† It is the point at which long term community aspirations are tested against financial reality.† At times, alternative ways of delivering those aspirations may be needed.

 

The draft Resource Strategy is included as Enclosure 4.

Indicators

For several years now, Council has shaped its strategic planning documents, including the Annual Report, around Penrithís Principles for a Sustainable City.† The Principles underpin each theme in the draft Community Strategic Plan (leading, opportunities, green, liveable and vibrant).† This approach has been continued, as it establishes clear links between the strategic planning documents to measure our progress.

 

The new integrated planning and reporting legislation requires Council to measure two elements Ė Ďoutcomesí (how it is progressing towards the long-term Community Outcomes) and Ďperformanceí (how well it is implementing its programs and services).† The two elements are clearly linked where the implementation of Councilís programs and services are focused on achieving the agreed Community Outcomes.

 

The Strategic Plan must include measures that show how Council is progressing towards achieving the Community Outcomes.† The Delivery Program must measure progress towards outcomes as well as performance.† The Operational Plan measures performance.† The different elements include:

 

Objectives

There are one or more Objectives for each of the Principles, which underpin the themes in the Community Strategic Plan.

Strategic indicators

The Community Strategic Plan includes Strategic indicators, which will measure our progress towards achieving the agreed Community Outcomes.

Program indicators

Councilís Delivery Program includes program indicators, which will measure Councilís progress towards achieving the Community Outcomes and implementing the agreed priorities and programs.

Service indicators
(Key Performance Indicators - KPIs)

Councilís Operational Plan includes service indicators, which will measure Councilís performance and progress in delivering its services.

 

Council has been using indicators to measure its performance for some time.† A broad range of sustainability indicators (27 City indicators, and 52 Council/organisation indicators, making a total of 79 indicators) was endorsed by Council four years ago as a basis for the comprehensive Annual Report.† At the more detailed level, Council has been reporting progress against Key Performance Indicators in the Operational Plan for several years.

 

The introduction of the integrated planning and reporting legislation created an opportunity to review our existing indicators and ensure they were meaningful, focussed at the Ďright levelí, and could be reported against.† The indicators review was based on the premise that a limited number of quality indicators would be effective in measuring our progress providing they could be measured, and provided information on matters of importance to our communities.

 

The review process has been successful in identifying the most significant and relevant indicators.† Those that are proposed to be deleted are generally covered by legislation, very similar or the same as other indicators, or Council has not been able to access the information needed over the past three years of reporting.† A number of the City indicators (PC2, PC3, PC5, PC8, PC11, PC14, PC16, PC19, PC21, PC22, and PC25) have been slightly reworded to ensure the language is consistent.† The proposed changes are summarised below.

 

City Indicators
the City Indicators were developed by Council, and are referenced by ĎPCí

existing

27

proposed to be deleted

5

proposed to be added

2

new total

24

 

 

Council Indicators
the Council Indicators are drawn from the international Global Reporting Initiative (GRI), and are referenced by ĎGRIí

existing

52

proposed to be deleted

24

proposed to be added

0

new total

28

 

Details of the proposed changes to the existing indicators are provided at Appendix B.

Operational Plan 2010-2011 Ė Key Objectives

Council has previously confirmed the following key objectives that the Plan will seek to achieve. These are to:

∑†††† Address essential operating costs, including significant variations due to external factors

∑†††† Maintain existing service provision at current levels, except as may be directed by Council

∑†††† Maintain the priority given to asset management and continue to increase allocations in this area to meet the identified needs of the City

∑†††† Comprehensively and effectively address the requirements set out by Council in its Strategic Plan and four-year Delivery Program.

Based on these objectives, the draft Operational Plan has been drawn up to:

∑††††††† Deliver Councilís annual program of works for 2010-2011; and

∑††††††† Through the Councilís 48 services, deliver the directions laid down by Councilís Strategic Plan and four-year Delivery Program.

The draft† Operational Plan 2010-2011 is provided at Enclosure 5.

Financial Considerations

The Budget, Revenue Policy and Commentary are contained in Part A of the draft Operational Plan. The commentary highlights significant changes and provides information on Councilís Budget Policies and Financial Position.†

 

The draft budget has been prepared on the basis of continuing existing service levels, adding new projects, removing one-off items, and adjusting for expected changes in costs from 2009-10 to 2010-11.† Following the Public Exhibition process, the budget may be amended prior to being adopted as Councilís Original 2010-11 Budget. These changes may include amendments due to public submissions, or due to additional information becoming available that results in a revision of expenditure or income estimates. Notwithstanding this, the draft Budget provides a clear indication of Councilís intentions and priorities for 2010-11 and is ready to be placed on Public Exhibition.

 

As discussed at Finance Working Parties in January and March of 2010, and Councillor Briefings in March and April 2010, significant challenges have been faced in producing a balanced budget for 2010-11.† This has meant that the development of the draft 2010-11 Budget involved intensive scrutiny of Councilís budget resulting in adjustments to a number of programs and items of expenditure. Further information on these measures and the initiatives undertaken are provided later in this report.†

 

At the first Operational Plan 2010-2011 Workshop on 15 March 2010 it was indicated to Council that there was a likelihood that a small surplus would eventuate once all changes were taken into account and this would allow for funding of the highest priority project from the 2010-11 High Priority Unfunded list. The highest priority project was deemed to be the upgrade and redesign of Councilís website and an amount of $350,000 has been provided in the draft 2010-11 Budget for this project.

 

The 2010-11 draft Budget estimates expenditure of $166.2m, including $21.9m of Capital Works and a predicted deficit of $113,000.† In the event that amendments required through the Public Exhibition stage result in a budgeted surplus position it is proposed to reserve this amount until some of the unconfirmed areas are known.† Areas that may vary in 2010-11 include the Financial Assistance Grant (currently estimated to increase by 3%), Government Levies, Award negotiations, any effects of the review of developer contributions, and potential changes to paid maternity leave provisions.

 

Significant Changes to Expenditure from 2009-10

∑††††††† Employee Costs - $2.4m increase

Employee costs include direct salaries and wages, long service leave, gratuities, superannuation, workers compensation premiums and fringe benefits tax and are the largest single area of expenditure for Council. Even a relatively small percentage increase in costs has a large impact on the total budget.†

 

Total employee costs are predicted to increase overall by $2.4m (3.4%) from the original 2009-10 Budget. This includes an increase for salaries and wages based on a projected 2.0% award increase, increased super contributions and an allowance for progression through the salary system.

 

Current claims estimates, combined with the Work Cover calculation factor, have resulted in a forecasted decrease in the workers compensation premium estimate to $1.5m (17%) for 2010-11. Council is currently investigating alternative models for workers compensation insurance which could produce significant savings.

 

The minimum level of superannuation for employees who are not members of the Local Government Superannuation Scheme (LGSS) Defined Benefit scheme will continue to be 9% of wages. For a number of years Council had benefited from the combination of a contribution ďholidayĒ and a period of reduced contributions for members of the Defined Benefits scheme.† In 2008-09 Councilís contribution returned to the full rate. In March 2009 the LGSS advised that the scheme had been impacted by the Global Financial Crisis and that an increased contribution rate would be required for the next ten years.† This increase currently equates to an additional $1.6m per annum until 2019-2020 for Council.

 

The total superannuation expense for 2010-11 is estimated to be $6.9m which represents an increase of $214,000 (3%) on the 2009-10 original estimate.† Of this amount, $1.2m relates to Childrenís Services staff. Councilís annual superannuation expense is impacted by a combination of general wage increases, salary system progression, position regrading/market forces reviews and the increased calculation rates for employees covered by the Defined Benefits Scheme.

 

∑††††††† Insurances - $170,000 increase

It is proposed that where possible the premium increases identified in the preparation of the 2010-11 draft budget are funded from the Insurance Reserve and future savings in insurance premiums are returned to the Reserve.

 

Public Liability/Professional Indemnity Insurance is estimated to increase by $90,000 to $990,000 in 2010-11, representing an increase of 10%. Westpool group insurance is affected by global market forces which are expected to continue to improve in 2010-11. Penrith City Councilís proportional contribution will fluctuate as a result of theses forces as well as the claims made against Council as a proportion of claims made against all Westpool members. Westpool is currently reassessing its premium calculation method to ensure there are no radical fluctuations, with the view to a maximum change of 20% in any one year.

 

Premiums for ISR (property) insurance are expected to increase by $38,970 to $428,670 in 2010-11, which is approximately a 10% increase over the original 2009-10 budget.

 

The estimated annual fleet insurance premium increases from $216,000 in 2009-10 to $236,100 in 2010-11, an increase of 9%. In order to stabilise the cost of premiums Westpool moved from a bulk purchase scheme to a self-insurance program in 2009-10.† This increase in premium for 2010-11 represents the actuarial estimates required for self-insurance and reflects the increased cost of parts and repairs. Some of these increased costs will be recouped from drivers of the light vehicle fleet and plant hire rates.

 

Nonetheless the motor vehicle insurance premium compared to private comprehensive insurance (average of $1,000) remains favourable, with the insurance cost, per passenger vehicle, increasing from $455 in 2009-10 to approximately $480 in 2010-11 The Risk Management Coordinator continually reviews this area with the aim of implementing measures to minimise claims.

 

An allowance has been made for a new policy for principal controlled insurance. This type of cover provides additional protection for Council where an unforeseen exposure arises from works being completed by contractors. This has seen the premium for Other Insurance increase by $21,000 from $14,000 in 2009-10 to $35,000 in 2010-11 representing a 150% increase.

 

Insurance excess budgets are expected to remain unchanged for 2010-11.

 

∑††††††† Contribution to other Organisations -† $134,000 increase

At this time of the budget preparation process not all information regarding contributions to authorities is available and a 3.0% increase has been applied to most contributions. The exceptions to this assumption are contributions to Emergency Management Services (2009-10 actual plus 5%) and to Blacktown Dog Pound (5%).

 

∑††††††† Electricity and Street lighting - $189,000 increase

Energy Australia is the current provider for Councilís major sites with the contract due to expire on 30 June 2010. A new contract is expected to be in place from 1 July 2010 and as a result the new rates that will be applicable for 2010-11 are at this stage unknown.

 

An analysis of existing electricity budgets has been undertaken. This revealed that Councilís usage, after allowing for estimates for new and refurbished facilities including the Penrith Valley Cultural Precinct, Civic Centre Extensions and the Glenmore Park Child and Family Precinct, is estimated to increase in 2010-11 by $225,000 (30%). While the new contract rates are unknown at this stage, a saving of $60,000 (8%) has been factored into the draft 2010-11 budget due to predicted contract pricing and further reductions in consumption through sustainability initiatives.† Further savings may eventuate due to the recent deferment of the Federal Governmentís Emissions Trading Scheme. The combination of these factors has resulted in an estimated increase of $165,000 (22%) for 2010-11.

 

In relation to street lighting the current contract arrangements negotiated with Energy Australia will expire in June 2010.† It is expected that the new tender will bring about some reduction in the Street Lighting electricity supply component of approximately 8% for 2010-11. Overall street lighting rates for 2010-11 are predicted to have a net increase of $24,000 which is based on a 8% reduction in supply ($55,200) offset by a 5% increase ($79,200) for asset maintenance and service charges (including an allowance for an increase in street lighting assets of $40,000).

 

∑††††††† Loan Repayments - $68,000 net decrease

The cost of interest and capital repayments for Councilís 2009-10 and 2010-11 borrowing programs has been estimated. While repayments for existing loans are known, the recent interest rate changes will impact on the rate achieved for the 2009-10 program.† Additional loan borrowings for asset renewal programs have been included in these estimates.

 

The current estimate of loan repayments included in the draft budget for 2010-11 is $3.9m of interest and $6.6m of principal repayments including the full cost of repayments following the completion of the $4m accelerated footpath paving program. This represents a $482,000 (7%) decrease in principal repayments and $402,000 (9%) decrease in interest repayments from the previous year which is partly offset by a corresponding decrease of $816,000 in funding from Section 94 Reserves and the Property Development Reserve with loan repayments for the Civic Centre Extensionís and Penrith Valley Cultural Precinct returning to General Revenue.

 

∑††††††† Borrowings - $4.1m in total

Councilís current approved base borrowing program of $3.2m is included in the draft 2010-11 Budget. Borrowings to advance the Asset Renewal strategy have added $0.9m to the program, taking total infrastructure borrowings for the 2010-11 year to $4.1m.

 

∑††††††† Asset Renewal† and Established Areas Strategy† (AREAS) - $124,000 increase

In line with the AREAS special rate initiative funding for this program will increase by the approved Ministerial Rate increase of 2.6%. This will result in road asset renewal increasing by $53,000, building asset renewal by $23,000 and established areas revitalisation by $48,000 from the 2009-10 levels. The special rate increase which commenced in 2006-07 funds the bulk of this program, with loan funds of $913,000 per annum funded by general revenue providing the balance.

 

∑††††††† The Environmental Enhancement Program, Economic Development and Community Safety and Neighbourhood Renewal† - $71,908 increase

Projects funded from the special 10-year rate increase approved in 2002 are increased by the amount of the Ministerial Rate Increase. The Environmental Enhancement Program, Economic Development and Community Safety and Neighbourhood Renewal programs are all budgeted to increase by 2.6%.

 

 

Significant Changes to Revenue from 2009-10

∑††††††† Rates - $3.14m† increase

Each year the Minister for Local Government sets the percentage variation by which all Councils can increase rates for the following year. The Minister has announced that the general variation for 2010-11 is 2.6%.† However, while the Minister has announced a general rates increase of 2.6% for 2010-11, Penrith City Councilís increase is anticipated to be 2.748%. The additional increase of 0.148% relates to an allowance for income lost in 2009-10 due to the 20% increase capping for Farmland properties.

 

An increase of $3.14 million for rates income has been included in the draft budget which is based on the Ministerial increase for rates and also factors in growth of $1.5 million, including $812,000 in non-residential rates

 

∑††††††† Financial Assistance Grant - $147,600† increase

As reported to Council on 7 September 2009, the actual Financial Assistance Grant allocated to Penrith for 2009-10 was $178,047 below the 3% estimate included in the original 2009-10 budget. This amount was an increase of only 1.3% on the actual 2008-09 allocation to Council. As part of the 2010-11 budget process a 3% increase has been applied to the actual 2009-10 Grant. This increases the Grant by $147,592, of which $40,850 relates to the roads component and is added to the roads budget according to Council policy.

 

∑††††††† Development Related Income - $22,000 net increase

Development activity continues to be influenced by the current economic climate which has impacted on all aspects of development related income. It is anticipated that the residential market will remain cautious in the short term. As the market conditions improve it would be expected that development activity in Council release areas will increase.  Income from development activity in the commercial and industrial areas has been consistent and is likely to remain so.

 

The draft 2010-11 Budget factors in a net increase in income in this area of $22,020 (1.6%). This includes predicted increases in DA income of $75,000 (7.6%), and in Occupation and Complying Development Certificates of $30,000 (56%).† These increases are offset by a reduction in expected income from Compliance Certificates of $30,000 (11%) due to a significant proportion going to private certifiers, and the removal of income from Basix Assessments $33,480 (100%) as the fee can no longer be charged.

 

∑††††††† Interest on Investments - $200,000 increase

Councilís portfolio is expected to remain between $50m and $60m during 2010-11. The funds will continue to be invested in the optimum mix of fixed and floating rate securities.† At this time the target rate of return on the portfolio is 6.0%. Despite recent fluctuations in financial markets which saw the cash rate fall to a record low of 3% in 2009, the Reserve Bank is gradually raising interest rates as Australia begins its recovery from the global financial crisis. Therefore expected interest on investments for 2010-11 is estimated at $1.4m which represents an increase of $200,000 (17%) above the original estimate for 2009-10, and is based on the general revenue portion of the portfolio of $20m and an interest rate of 6.0%.†

 

∑††††††† Fees and Charges

As part of the draft Operational Plan process, fees and charges have been reviewed with the proposed increases in the fees set directly by Council being generally in the vicinity of the estimated CPI increase.† This category of income is estimated to be $51.6m, which is 34% of Councilís total estimated operating revenue for 2010-11.

 

Childrenís Services fees have been incorporated into the fees and charges document at the amounts recommended by the Board of the Penrith Childrenís Services Cooperative.† The fees and charges for the Controlled Entities fees are set and published by those organisations.† Fees set by regulation are included at the current rates, but are subject to change when the regulations change.

 

∑††††††† Waste Management

Residential properties in the Penrith City Council area are required to be charged for domestic waste services under the provisions of the Local Government Act. All non-vacant single and dual occupancy properties in the urban area of the City will be provided with an organics, recycling, and residual garbage service in 2010-2011. All non-urban properties, including multi-unit dwelling properties, will be provided with a garbage and recycling service.  The Domestic Waste function is required to be self-funding and annual charges are calculated to cover operational costs and to provide a contribution towards the funding of future waste services and technologies. The Fees and Charges section of the Operational Plan includes different service combinations, which create individual Domestic Waste sub-charges for each property.

 

The 3-bin collection service was introduced in the urban area to assist in achieving the waste-to-landfill diversion rates set by the State Government and other environmental issues associated with waste disposal.  In 2009, the State Government introduced a new waste levy structure targeting landfill disposal rates with the aim of creating greater diversion and resource recovery practices.  A proportion of the waste levy paid by Council is returned annually via the Waste and Sustainability Improvement Payments (WaSIP) program provided that Council satisfies the criteria set by the State Government.  The criteria include, but are not limited to, the development and implementation of waste avoidance and resource recovery strategies and associated services.  New criteria is set by the Department of Environment and Climate Change (DECC) each year and Council must comply with all previous criteria and any new criteria that are developed.

 

The Fees and Charges section of the draft Operational Plan 2010-2011 provides for different service combinations. A summary of the main services expected to be utilised is summarised in the following table:

 

 

 

 

 

 

 

 

Domestic Waste Service

Annual Charge

$

Est. number of Services

 

Vacant Land

 

 

27.20

 

Waste Management Services

Domestic Waste Ė Sustainable Service

Domestic Waste Ė Reduced Organics

Domestic Waste Ė Large Service

Domestic Waste Ė Weekly Red Service

Domestic Waste Ė 2 Bin Service

 

249.00

225.00

299.00

320.00

253.00

 

42,194

1,487

1,749

3,338

9,044

 

 

2004-05 Special rate variation

Council holds a special rate variation of 1.32%, approved in 2004-05, to subsidise the sullage collection for those households not having access to sewerage services. The special rate variation will continue to provide a subsidy for those residents in villages without access to sewerage schemes.

 

Each year funding for the sullage services is increased by the Ministerial Rates rise, however as more households connect to the sewer the subsidy required will decrease.† As part of the development of the 2007-08 Management Plan it was agreed that Council would retain the current special rate variation and apply any surplus funds to environmental projects throughout the City with these funds to be retained in the Environment/Sullage Reserve. The 2010-11 draft budget includes funding of a number of previously general revenue funded projects from this Reserve where the projects have been identified as having an environmental basis.

 

New Initiatives and Changes to Funding Arrangements

As previously mentioned, it was evident from an early stage that the development of the Operational Plan 2010-2011 would again require tough financial measures to ensure that a balanced budget was achieved.† The two main initiatives proposed are:

 

∑††††††† Removal of CPI Increases for Asset Maintenance and Contribution Items (savings of $485,125)

Council has a policy of applying CPI increases to a number of programs and services. It is proposed in the draft 2010-11 Budget that the 3.5% CPI increase removed in 2009-10 be returned to these line items and that no additional CPI for 2010-11 be applied. As the actual CPI for 2009-10 is predicted to be approximately 2.5% this would effectively result in a net CPI increase of 1% on these line items for 2010-11.† As outlined at the first Operational Plan workshop in March, modelling has shown that even after allowing for no indexation in 2010-11 the Ďrealí value of these budgets has remained consistent over the last five years.

 

Items that will not be indexed include:-

o†† Materials for Maintenance budgets for the Depot, Parks, Car Parks, Bus Shelters, Skate Parks, Public Toilets, Buildings, Plant, Drains, Roads and Street Sweeping

o†† International Links project, Civic Events, Subsidies to Cricket associations and Voted Works

o†† Subsidy to Penrith Performing and Visual Arts Ltd

 

∑††††††† Adjustments to Projects (savings of $868,797)

Extensive consultation with management and Council during the development of the draft† Operational Plan 2010-2011 identified a number of projects which were able to be deferred for one year, or decreased, without impacting on either quality of service or overall asset condition in the short term.† These proposed amendments to projects are as follows:

 

 

Project/Service Description

 

2010-11 Savings

$

 

Comment

Roads Resealing/Resheeting

301,204

Once-off decrease to projects in 2010-11

Community Safety NH Renewal

27,193

Library Resources

25,000

Community & Civic Events

22,400

Childrenís Week

4,000

Artfiles

2,000

Kerb & Gutter

175,000

Deferral of projects in 2010-11

Urban Drainage

100,000

Additional Playground Equipment

37,000

Credit Rating Standard & Poors

40,000

Landscape Character Strategy

20,000

Companion Animals Act Education

10,000

Skills & Knowledge Assessment

10,000

Ongoing reduction in line with actual costs

Investment Portfolio Management

20,000

Membership of External Organisations

7,000

Rural Intersection Mowing

40,000

Library Computer Facilities

23,000

Provided in operational budget

Childrenís Services Scholarship

5,000

Transferred to Children's Services Cooperative

Total Savings

868,797

 

 

Entities

The Council subsidy required by all entity budgets is now known and the overall impact of the Controlled Entities at this stage on the proposed budget is discussed below. The first Workshop proposed that all contributions to Entities (other than Penrith Whitewater Stadium) were to remain at 2009-10 levels. During 2009-10 financial assistance of $398,498 was provided for the first time to Penrith Whitewater Stadium in relation to their increased workers compensation premium caused by the requirement to be grouped with Council.

Accordingly the draft budget includes the following subsidies:

∑†††††† Ripples - $660,000

∑†††††† Penrith Performing and Visual Arts† - total of $1.46m

∑†††††† Penrith Whitewater Stadium - $90,000 to be allocated towards an estimated increased workers compensation premium.

∑†††††† Childrenís Services Cooperative - On 25 February 2010 the Childrenís Services Cooperative Board accepted the proposed budgets for 2010-11 with the total Council contribution of $219,891 which represents an overall increase of $10,769 (5%) from the base subsidy provided in 2009-10. This subsidy includes funding the cost of the Inclusion Support program not met by government funding.

 

Reserves

Details of Councilís reserves are also included in Part A of the draft Operational Plan.† These are amounts held for specific purposes. The reserves are divided into internal reserves (set up to apply Council policy) and external reserves (required by law). Some reserves are set up to ensure that Councilís policies with regard to a particular outcome are safeguarded, while others provide funds for a particular expressed purpose some time in the future.

 

Voted Works

Also included in the reserves is an allocation to ďVoted WorksĒ.† Council policy is that an amount of $53,000 is allocated to each of the three Wards each year. These funds are normally applied to particular purposes of an urgent nature, in one or more of the Wards, by resolution of Council. Voted Works also provides an opportunity to allow some discretionary funding for items that arise unexpectedly during the year, and when all other funding in the annual program has been allocated.† It is Council policy that any unexpended amounts in Voted Works are revoted to the following year.

Section 94 Program of Works

A central feature of the draft Plan is the inclusion of a program of infrastructure works and community facilities, funded by Section 94 contributions in 2010-11. These projects are outlined below and are included in the Capital and Operating Projects section of Part A of the draft documents.

 

A summary of the proposed Section 94 program capital works expenditure for 2010-11 under each relevant Plan is provided below.

 

 

Section 94 Plan

 

Project

Proposed 2010-2011 Expenditure

$

Glenmore Park

†Community Initiatives

††††††††††† 10,000

Library Facilities

†Library Resources

†† 192,557*†

Penrith City Local Open Space

Parks Improvements Ė older areas

†††††††††† 150,000

TOTAL

 

†††††††††† 352,557

*This expenditure represents the current balance of the Library Facilities Section 94 Plan.† The current Section 94 Plan ceased operation on 7 June 2009.

Capital and Operating Projects

At the Operational Plan Workshop of 12 April 2010, Council endorsed a proposed list of Capital and Operating Projects to be included in the draft Operational Plan. These projects include the following categories:

 

1.†††††† Established annual works programs, encompassing a number of specific projects or capital works, which by policy have a Ďnotionalí funding level assigned in the initial preparation of the draft Plan, which may then be approved or varied by Council (further commented on below)

2.†††††† Continuation of the 10-year Special Rate Variation programs for Enhanced Environmental Program (EEP), Community Safety Development and Neighbourhood Renewal and Economic Development which commenced in 2002-03

3.†††††† Continuation of the 10-year Asset Renewal and Established Areas Strategy (AREAS) Special Rate Variation programs for road and building asset renewal and established areas revitalisation which commenced in 2006-07 and are included in the Capital and Operating Projects lists and Service budgets within Part A of the draft Operational Plan presented tonight.

 

Established Capital Works Programs

Funding for the established annual works programs, noted above, is drawn from Councilís general revenue (which can be applied to priorities at Councilís discretion), grants (normally Ďtiedí to a particular purpose), Section 94 contributions (required to be used for works proposed in the relevant S94 Plan), and reserves.

 

In each case, specific projects or works within the particular Program are recommended to Council for the coming year. Council has the opportunity, according to its contemporary priorities, to adjust the program either in its funding level or by the addition or deletion of particular components.

 

Projects may be added to these Programs in the preparation of the draft Operational Plan, or by later Council decisions reflecting consideration of the annual Operational Plan through Revotes, through re-allocation of savings in the Quarterly Reviews, or Voted Works allocations.

 

These Programs and their proposed funding levels for 2010-2011 include:†

∑†††††† Road Resealing/Resheeting -$4.2m (part Asset Renewal Special Rate Variation funded)

∑†††††† Roads Reconstruction - $2.0m

∑†††††† Path Paving - $150,000

∑†††††† Building Asset Renewal -$1.6m†

∑†††††† Urban Drainage Construction - $490,000†

∑†††††† Kerb & Guttering - $238,000

∑†††††† Traffic & Transport Facilities - $390,000

∑†††††† Rural Roads Resealing - $59,500

∑†††††† Construction of Bicycle Facilities - $60,000

∑†††††† Parks Asset Renewal program (10 year) - $250,000

∑†††††† Tree Replacement Program (5 year) - $304,000

∑†††††† Public Amenity Replacement Program (10 year) - $150,000

∑†††††† Desktop Hardware/Software - $340,000

∑†††††† Library Resources - $816,407

 

There are three further established programs which receive funding through the ten year Special Rate Variation sought and obtained by Council in 2002. These are:

∑†††††† Enhanced Environmental Program ($2.21m - projects are shown under various Service areas but are all labelled ĎEEPí for identification)

∑†††††† Community Safety and Neighbourhood Renewal ($326,000)

∑†††††† Economic Development and Tourism (support of the independent Penrith Business Alliance - $297,000). The total contribution is $624,000.

 

In addition, the Federal Government-funded Roads to Recovery program ($1,038,529) is separately identified in the Operating Projects listing (as these works are considered to be additional asset maintenance and not new infrastructure).

 

Long Term Financial Model†

As part of the Council Resource Strategy each council must prepare a Long Term Financial Plan (LTFP) for a minimum of ten years which is to be updated at least annually as part of the development of the Operational Plan. The aim of the LTFP is to ensure that councils identify financial issues at an early stage and review their effect on future activities.† The LTFP must be reviewed in detail as part of the four yearly review of the Community Strategic Plan.

 

The long-term financial model shows expected expenditure and revenue over the next 10 years and currently uses 2009-10 as the base year. The expectations regarding available funds presented in the base scenario rely on various assumptions. When predicting available funds over a long period of time estimates can change significantly as assumptions are revised, particularly when they relate to larger items such as employee costs or rates. For this reason the new reporting framework requires that all assumptions in the LTFP are documented in a Planning Assumptions Statement that accompanies the Operational Plan. This Statement also identifies those factors/assumptions that will have moderate to significant impact on the Plan and financial modelling should be undertaken to cover at least three scenarios e.g. planned, optimistic and conservative.

 

In the base/planned scenario the Model indicates a deficit from 2011-12 onwards as shown in the following graph including the reinstatement of the 2010-11 adjustments.

 

 

Financial modelling provides Council with an indication of the level of flexibility within the LTFP and how much latitude there exists within various projects and scenarios. Councilís Long Term Financial Model has been updated with the most current information and in accordance with agreed Council policies to meet the reporting requirements and to assist Council in its financial planning decisions. The Model and associated Planning Assumptions Statement are included in the draft Resource Strategy.

 

The base/planned scenario forecasts an ongoing budget deficit.† It does not mean that Council is planning for a budget deficit and the development of each yearís Operational Plan will endeavour to deliver a balanced budget.† This scenario is, however, a reasonable estimate of what will occur if future funding challenges are not addressed.

 

Future Funding Challenges

The new Delivery Program (2009-2013) includes identified priorities that are currently either not resourced or are under-resourced.† The three key priorities emerging as funding challenges are: asset renewal (parks assets, buildings and public amenities); service enhancements (shared pathways, enhanced public domain maintenance and neighbourhood renewal action plan implementation); and Regional City Infrastructure (key City Centre improvements and additional library resources).† At current service levels, long term financial modelling indicates there is no capacity available to accommodate these emerging priorities.

A number of funding options are available to provide additional funding for these key priorities including changes to existing service levels, new revenue sources, increased loan borrowings, property sales or a Special Rate Variation (SRV). To enable Council to consider a SRV for the 2011-12 Operational Plan the intention needs to be included in the Community Engagement Strategy and the Operational Plan 2010-2011 document.† To facilitate this investigation and consideration the following task has been included under Financial Services in the draft† Operational Plan 2010-2011 and Delivery Program documents:

ďPursue alternative funding options to deliver Council services and facilities, including consideration of a Special Rate Variation, following community consultation and engagement.Ē

 

Operational Plan Structure and Format

The draft Operational Plan documentation presented for Councilís consideration tonight is the result of the changes identified from Councillor Workshops held on 15 March and 12 April. This structure and format is almost identical to the previous Plan and meets all the current statutory requirements in the Local Government Act 1993.

 

The draft Operational Plan consists of 2 parts.

 

∑†††††††††† Part A-† Services and Budget

This volume provides details of each of Councilís specified services, including service objectives, the ongoing activities, tasks and service improvement initiatives to be undertaken and the service budget. This essential direction for the organisation and its services is the basis for performance reporting by Managers in the coming year.

 

The Operational Plan also includes an overall Budget and funding summary, the Capital and Operating Projects identified and confirmed by Council for 2010-2011, together with other required statutory statements.

 

∑†††††††††† Part B† -† Operational Plan - Fees and Charges

This part provides full details of all Council fees and charges for 2010-2011. This document is sorted by service titles alphabetically.

 

Service Plans for 2010-2011

The largest portion of Part A is devoted to the annual ďService PlansĒ for each of Councilís specified services. There are 48 identified services, however only 45 Services Plans are provided in the draft Plan for Councilís consideration. This is because the three controlled entities are governed under separate reporting requirements to Council.

 

What is a Service Plan?

A Service Plan is an annual Operational Plan for a single service. It is a one page summary of what a service is and does and includes:

∑†††††††††† Service Title - the name of the service. (Note that the Service Plans are ordered, based on the alphabetically sort of Service titles A to Z)

∑†††††††††† Responsible Officer - the Manager tagged with the responsibility for delivering this service

∑†††††††††† Service Description - briefly covers what a service does and includes all the main activities

∑†††††††††† Service Levels Ė provides a picture of the scope of work or outputs delivered by the service.

∑†††††††††† Service Budget - how much it costs to run the service and details the planned operating expenditure, the capital expenditure and the revenue expected to be received by this service. The result is the estimated net cost of running this service for 2010-2011.

∑†††††††††† Delivery Program Link - (Group) shows which of 21 programs listed with the four-year Delivery Program, this service contributes to. (The Group is the internal Group Manager responsible for program delivery)

∑†††††††††† Tasks - annual deliverables which a service is to complete and report progress on. The majority of these tasks reflect what must be done in the second year of the Delivery Actions identified in current Delivery Program (2009-2013).

∑†††††††††† Projects - significant capital or operating (funded) projects or programs which this service is to deliver within the year.

∑†††††††††† Key Performance Indicators (or KPIs) provide a means by which service performance can be measured. In most cases, a KPI is designed to reflect the achievement towards an outcome or service standard in the form of a statistic or percentage measuring cost, time, quality, efficiency or effectiveness. The frequency of measurement and reporting will depend heavily on the availability of data and the phasing of activity required to be measured.

Performance Assessment and Reporting

The organisationís performance in delivering the annual Operational Plan is reviewed, under the Local Government Act, as part of quarterly and annual reviews of the Plan.

 

Performance will be measured principally by progress towards the achievement of the tasks and projects stated in the draft Plan, as well as performance measures for ongoing services provided by Council.

 

In terms of reporting, an exception report will be provided to Council as part of the normal business paper within 8 weeks after each quarter at an Ordinary Meeting of Council. The report will contain a summary traffic light report on all services highlighting where areas of performance may require attention (ie. red traffic lights) and any variances to budget.

 

Timetable

Council is to consider the following timetable for the public notification, exhibition and consultation on the draft Community Strategic Plan 2031, draft Delivery Program 2009-2013, draft Resource Strategy, draft Community Engagement Strategy and the draft Operational Plan 2010-2011.

 

Step/Action

Dates

∑†† Public Exhibition and Submissions

Monday 10 May to Tuesday 8 June

∑††† Public Meeting and Consultative Forum (7.00pm, Civic Centre) incorporating presentation and consultation on the draft† Community Strategic Plan 2031, draft Delivery Program 2009-2013, draft Resource Strategy, draft Community Engagement Strategy and† draft Operational Plan 2010-2011

Monday 31 May

∑††† Consideration of Community Strategic Plan 2031, Delivery Program 2009-2013, Resource Strategy, Community Engagement Strategy and Operational Plan 2010-2011 for adoption

Ordinary Meeting

Monday 21 June

Public Consultation

Section 405(3) of the Local Government Act 1993 states that Council must give public notice of its draft Operational Plan after it is prepared and that the period of Public Exhibition ďmust not be less than 28 daysĒ. Subject to Councilís adoption of the draft Plan tonight, it is proposed that the exhibition period be 30 days, beginning on Monday 10 May and ending on Tuesday 8 June 2010. Within this period, copies of the document will be accessible at the Civic Centre, Queen St Centre, all Libraries, Youth Centres, Neighbourhood Centres, Councilís Childrenís Centres and Recreation Centres.

 

The draft Strategic Plan 2031, draft Delivery Program 2009-2013, draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan 2010-2011 will all be available to view or download on Councilís website.

 

A program of public notification and consultation is provided below. This largely follows the model established in recent years.

 

The main features of the publicity and consultation program include:

∑††††††† A Public Meeting, presentation and forum

∑††††††† Briefing of media and other publicity elements such as the regular Mayoral column

∑††††††† Comprehensive advertising in local newspapers

∑††††††† Displays in the Penrith and St Marys Civic Centres and libraries

∑††††††† Flyers in all neighbourhood centres and childcare centres

∑††††††† Online submission form with electronic lodgement

∑††††††† Establishment of a dedicated telephone information line and email address for enquiries

∑††††††† Use of other established community meetings and forums to advertise the draft Plan and its content

∑††††††† Provision of a specifically-designed community consultation website for the exhibition period; an on-line community forum via the ĎBang the Tableí platform.

 

Details of specific components of the program are provided below.

 

Public Notification

∑††††††† Local Newspapers

It is intended to notify the community of the draft Operational Plan exhibition through all local newspapers. In the case of weekly newspapers, advertisements will be placed in the first week of the exhibition and the issue immediately preceding the Public Meeting. Monthly local newspapers (Mulgoa Gazette, Glenmore Gazette etc.) will also be utilised wherever practicable.

 

The notice will include a brief indication of the importance and content of the draft Plans and Strategies, information about the Public Meeting and opportunities for the community to make submissions on the draft Plan and Strategies.

 

Consultative Meetings

Council has the practice of consulting with the Community, in addition to the general exhibition and submission opportunity, through a Public Meeting (including a formal presentation by the Mayor) covering the key themes identified with the Strategic Plan 2031. Apart from the general public, key stakeholders include businesses, other government agencies and community groups.

 

∑††††††† Public Meeting and Forum (Monday 31 May)

The Community and Council Plan Public Meeting and Consultative Forum will be held from 7.00pm on Monday 31 May 2010 in the Civic Centre. This will largely follow the arrangements used in recent years. A comprehensive presentation will be made on the draft Plans and Strategies for those attending by the Mayor and relevant council officers, followed by the opportunity for a number of smaller targeted workshops/consultation groups across the range of the social, cultural, environmental, economic and infrastructure programs. These groupings can be tailored to the interests identified by attendees who register for the evening.

 

Members of the public will be invited to the Public Meeting through the advertising program outlined above, as well as through direct invitations in response to all enquiries made on the draft Plans and Strategies. In addition, invitations will be issued to a large number of community and interest groups who are normally advised of the Forum. Arrangements for child minding and transport for persons with disabilities will be provided and promoted.

 

According to Councilís established practice, all comments and questions from members of the public at the public meeting will be accepted as submissions. The opportunity will be available for attendees to follow up questions or issues identified with relevant officers following the Forum itself.

 

The Childrenís Services Forum previously held on a separate date as part of the normal consultation process will now be combined with the Public Meeting and Consultative Forum to be held on 31 May. Parents and guardians of children attending Councilís Childrenís centres will be invited as part of the usual advertising to the public.

 

∑††††††† Other Meetings and Forums

It is intended, in addition to the formal consultation mechanisms, to utilise other established meetings and forums with the community and stakeholders over the exhibition period to promote the draft Plans and Strategies and opportunities for the community to provide comment.

 

Online Community Consultation

Council will give the public the opportunity to have their say Ďon-lineí through Councilís web page and an on-line discussion forum.

 

∑††††††† Council Web page

Council has for some years utilised its own website to promote and extend community and stakeholder engagement and consultation for purposes including the draft Strategic Plan, Delivery Program and Operational Plan. This has generally been through the provision of information and key documents, contact details and the opportunity for emailed queries, comments and submissions. This will again be in place for the coming process and formal submissions by email (including through a website link) or by an online feedback form will be available to all internet users.

 

∑††††††† On-line Discussion Forum Ė ĎBang The Tableí (BTT) website

For the last two years, an additional form of on-line consultation was used to broaden the range of community engagement initiatives. The introduction of the on-line, externally hosted, discussion ďblogĒ website was extremely successful and this forum will continue.

 

The ďBang the TableĒ website platform will again be used to generate additional awareness of, interest in and comments on Councilís draft plans and strategies. This Ďdiscussioní website is externally hosted and operated independently by the consultants at Ďarms lengthí from Council (but with any inappropriate/offensive comments immediately removed). Council officers monitor the site and have the opportunity to clarify statements of fact or respond to issues which arise. Members of the public browse the website or register to provide comments, add new topics of discussion, respond to comments made by others or download Council documents. The feedback received will be considered, in the context of the submissions which were made, as part of the overall public response to the draft Plans and Strategies. The results from this forum will be included in the report back to Council on the overall results of the public exhibition.

 


The following table demonstrates its effectiveness of the On-Line Discussion Forum in reaching the on-line community over the last two public exhibition periods.

 

Usage Statistics

2008-2009

2009-2010

Number of visits

396

547

Number of unique visitors

245

445

Number of page views

3,219

3,620

Average number of unique visitors per day

8.3

7.5

Average stay time

6.4 minutes

6.8 minutes

Most popular entry point

Roads, Footpaths & Drainage

Operational Plan 2009-2010

Visitors who viewed Council documents

69

174

Number of Council documents downloaded

141

401

 

Consideration of Submissions

Public submissions on the draft Community Strategic Plan 2031, draft Delivery Program 2009-2013, draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan 2010-2011 will be able to be received through:

 

∑††††††† Completed online feedback forms (from a link from Councilís website)

∑††††††† Emails

∑††††††† Standard mail or faxes

∑††††††† Verbal and written comments received at public meetings or forums

 

In accordance with the Act, Council must consider all submissions and matters arising from them and make any appropriate adjustments to the Plans and Strategies prior to adoption.

 

Depending on the nature and complexity of each submission, Council may choose to amend any of the draft Plans and Strategies, or consider a submission but defer any changes to the documents until a subsequent period. Once the Operational Plan is adopted, Council can then make its rates and charges and fix its fees for the coming year.

 

In keeping with Councilís normal practice, all submissions received on all of the draft plans and strategies will be individually acknowledged and a detailed response provided by appropriate officers as soon as possible, reflecting Councilís established policy or following Councilís determination of the particular issue. A full report on public submissions will be made as part of the report to Councilís Ordinary Meeting on 21 June which will seek formal adoption of the Strategic Plan 2031, Delivery Program 2009-2013, Resource Strategy, Community Engagement Strategy and the Operational Plan 2010-2011.

 

Conclusion

The preparation of the Community Strategic Plan, Delivery Program, Community Engagement Strategy, Resource Strategy and Operational Plan represents a substantial body of work.† The preparation of these documents, combined with the work on the budget, will ensure that Council can deliver a high level of works and services to the City within Councilís available means.†

As in any year, proposals for expenditure on projects and programs of merit will outstrip the organisationís capacity to achieve them. Achieving that balance is the essence of public sector management and the budget process.

 

Subject to any amendments arising from Councilís consideration of the draft Community Strategic Plan 2031, draft Delivery Program 2009-2013, draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan 2010-2011 at tonightís meeting, each is now submitted for Councilís endorsement for public exhibition in accordance with the Local Government Act, 1993 and Local Government (General) Regulation 2005.

 

 

 

RECOMMENDATION

That:

1.†††††††† The information contained in the report on the Public Exhibition of draft Community Strategic Plan 2031,† draft Delivery Program 2009-2013, draft Community Engagement Strategy, draft Resource Strategy and draft Operational Plan 2010-2011† be received.

2.††††††††† In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan 2010-2011 including any amendments made at tonightís meeting, for public exhibition.

3.††††††††† In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and draft Operational Plan†† 2010-2011 be placed on public exhibition for 30 days, commencing on Monday 10 May 2010 and closing on Tuesday 8 June 2010.

4.†††††††† Submissions from the public on the draft Community Strategic Plan 2031, draft Delivery Program (2009-2013), draft Resource Strategy, draft Community Engagement Strategy and† draft Operational Plan 2010-2011be invited and the public consultation arrangements as detailed in this report be implemented, including a public meeting and forum to be held on Monday 31 May 2010 in the Civic Centre.

 

 

ATTACHMENTS/APPENDICES

1. View

Key Issues

1 Page

Appendix

2. View

Indicators Summary by Principle

1 Page

Appendix

††


Ordinary Meeting

3 May 2010

Appendix 1 - Key Issues

 

 

 

Appendix A - Key Issues

 

a Leading City

-††††† Regional City

-††††† Leadership

-††††† Climate Change

-††††† Finance

-††††† Workforce

-††††† Governance

-††††† Strategic Planning

a City of Opportunities

-††††† Community Engagement

-††††† Advocacy

-††††† Economy

-††††† Jobs

-††††† Housing

a Green City

-††††† River

-††††† Bushland

-††††† Rural lands (viable agriculture, fresh food)

-††††† Resource management (energy, water, waste)

a Liveable City

-††††† Sport and Recreation

-††††† Community Facilities

-††††† Parks

-††††† Asset Management

-††††† Transport

-††††† Roads

-††††† Parking

-††††† Pathways

-††††† Community Safety

a Vibrant City

-††††† Neighbourhood Renewal

-††††† Health

-††††† Heritage

-††††† Cultural activities

-††††† Community Participation

-††††† Development

 


Ordinary Meeting

3 May 2010

Appendix 2 - Indicators Summary by Principle

 

 

 

Appendix B - Summary of changes

Ref

Indicators

Comment

Group

EC4

Significant financial assistance received from government

Delete Ė covered by EC1

Finance

EN4

Indirect energy consumption by primary source

Delete Ė covered by EN3

Leadership

EN5

Energy saved due to conservation and efficiency improvements

Delete Ė covered by EN18

Leadership

EN7

Initiatives to reduce indirect energy consumption and reductions achieved

Delete Ė covered by EN18

Leadership

EN11

Location and size of land owned, leased, managed in, or adjacent to, protected areas area areas of high biodiversity value outside protected areas

Delete Ė covered by EN13

People and Places

EN14

Strategies, current actions, and future plans for managing impacts on biodiversity

Delete Ė covered by EN13

People and Places

EN15

Number of IUCN Red List species and national conservation list species with habitats in areas affected by operations, by level of extinction risk

Delete Ė cannot measure, and not very relevant

People and Places

EN26

Initiatives to mitigate environmental impacts of products and services, and extent of impact mitigation

Delete Ė covered by legislation

Leadership

EN28

Monetary value of significant fines and total number of non-monetary sanctions for non-compliance with environmental laws and regulations

Delete Ė covered by SO8

Governance

HR1

Percentage and total number of significant investment agreements that include human rights clauses or that have undergone human rights screening

Delete Ė covered by legislation

Governance

HR3

Total hours of employee training on policies and procedures concerning aspects of human rights that are relevant to operations, including the percentage of employees trained

Delete Ė covered by legislation

Workforce

LA3

Benefits provided to full-time employees that are not provided to temporary or part-time employees, by major operations

Delete Ė doesnít contribute much

Workforce

LA4

Percentage of employees covered by collective bargaining agreements

Delete Ė covered by legislation

Workforce

LA5

Minimum notice period(s) regarding operational changes, including whether it is specified in collective agreements

Delete Ė covered by legislation

Workforce

LA8

Education, training, counselling, prevention, and risk-control programs in place to assist workforce members, their families, or community members regarding serious diseases

Delete Ė covered by LA11

Workforce

LA9

Health and safety topics covered in formal agreements with trade unions

Delete Ė covered by legislation

Workforce

LA10

Average hours of training per year per employee by employee category

Delete Ė covered by LA11

Workforce

PR2

Total number of incidents of non-compliance with regulations and voluntary codes concerning health and safety impacts of products and services during their life-cycle by types of outcomes

Delete Ė not very relevant

Governance

PR6

Programs for adherence to laws, standards, and voluntary codes related to marketing communications, including advertising, promotion and sponsorship (CIE)† GRI Ė PR6

Delete Ė not very relevant

Information & Customer Relations

PR9

Monetary value of significant fines for non-compliance with laws and regulations concerning the provision and use of products and services

Delete Ė not very relevant

Governance

SO3

Percentage of employees trained in organisation's anti-corruption policies and procedures

Delete Ė covered by SO4

Governance

SO6

Total value of financial and in-kind contributions to political parties, politicians, and related institutions by country

Delete Ė covered by legislation

Governance

SO7

Total number of legal actions for anti-competitive behaviour, anti-trust, and monopoly practices and their outcomes

Delete Ė not very relevant

Governance

PC10

Reduction in the size of the Cityís ecological footprint

Delete Ė cannot measure, and covered by other indicators

Leadership

PC21

Increased proportion of residents who feel a sense of community in the City and their local neighbourhood

Delete Ė cannot measure

People and Places

PC24

Increased number of community networks that are visible, accessible and expanding

Delete Ė cannot measure

People and Places

PC26

Increased proportion of Penrith households and businesses who are more sustainable, including using recycled water, green power, and recycling waste

Delete Ė cannot measure

Leadership

PC27

Increased proportion of the Cityís businesses and organisations that have committed to ethical practices

Delete Ė cannot measure

Governance

 


Ordinary Meeting

3 May 2010

A Leading City

 

 

 

2

Audit Committee†††

Compiled by:††††††††††††††† Peter Browne, Internal Auditor

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

Strategic Objective: We demonstrate accountability, transparency and ethical conduct

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

†††††††

 

Executive Summary

The report provides information on the meeting of the Councilís Audit Committee held on
31 March 2010 and recommends that the information be received.

Background

The Audit Committee is comprised of the Mayor, three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.† The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council three times, the most recent being on 4 May 2009.

 

The NSW Local Government Internal Audit Guidelines (issued 14 October 2008) provide that:

 

An audit committee plays a pivotal role in the governance framework. It provides councils with independent oversight and assistance in the areas of risk, control, compliance and financial reporting.

Current Situation

The Audit Committee met on 31 March 2010 and adopted the draft minutes of the prior meeting (as provided to Council on 9 December 2009) without alteration.† The Committee spent the bulk of the meeting discussing progress on the implementation of recommendations of audit reports.†

 

In accordance with the Committeeís Charter, the draft minutes of the Audit Committee meeting of 31 March 2010 are appended to this report.†

 

 

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

 

ATTACHMENTS/APPENDICES

1. View

Minutes of the Audit Committee 31 March 2010

3 Pages

Appendix

††


Ordinary Meeting

3 May 2010

Appendix 1 - Minutes of the Audit Committee 31 March 2010

 

 

 

UNCONFIRMED MINUTES

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

ON WEDNESDAY 31 MARCH 2010 AT 8:00AM

 

 

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillor Jim Aitken OAM, Councillor Ross Fowler OAM, Frank Gelonesi, Jayant Gulwadi and Councillor Kath Presdee. 

 

 

Alan Stoneham (General Manager), Peter Browne (Internal Auditor),

Barry Husking (Director), Stephen Britten (Group Manager Legal and Governance), Vicki OíKelly (Group Manager Finance), Andrew Moore (Financial Services Manager) and Dennis Banicevic (External Auditor Ė PricewaterhouseCoopers).

 

CHAIRPERSON

Peter Browne commenced the meeting at 8:00am by advising that Robert Coombes (the Committee Chairperson) had sent his apologies for non-attendance.  Peter advised the Committee would therefore need to select a Chairperson for the meeting. 

 

AUC 1 RESOLVEDon the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee that Frank Gelonesi chair the meeting.

 

Frank Gelonesi assumed the chair.

 

 

APOLOGIES

Apologies for non-attendance were received from Robert Coombes.

 

AUC 2 RESOLVED on the MOTION of His Worship the Mayor Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the apology be accepted.

CONFIRMATION OF MINUTES - Audit Committee Meeting - 9 December 2009

AUC 3 RESOLVED on the MOTION of His Worship the Mayor Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the minutes of the Audit Committee of 9 December 2009 be confirmed.

 

DECLARATIONS OF INTEREST

 

Nil

 

 

 

 

 

††DELIVERY PROGRAM REPORTS

 

A Leading City

 

1††††††† Audit Committee Standing Items†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Peter Browne introduced the report and advised of recent audit operational matters.  It was noted that an I.T. Audit is underway and that the Ombudsman had included one of Councilís Childrenís Services Centres in a state-wide review of complaint handling.  It was noted that the General Manager is now meeting routinely with each of the Group Managers to discuss progress on audit recommendations related to their areas. Stephen Britten spoke of some recent minor thefts and plans for governance training.  Councillor Presdee asked questions on the acknowledgement of training by staff and ensuring staff actually did understand their governance obligations.

AUC 4 RESOLVED on the MOTION of Councillor Kath Presdee seconded Jayant Gulwadi that the information contained in the report on Audit Committee Standing Items be received

 

2††††††† Records Management††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Peter Browne advised the committee of progress in managing Councilís records.  At the previous Audit Committee meeting, a review of the Audit Conclusions of the Records Management had been requested.  State Records has now reviewed the Audit Report.  State Records, Council management and the original auditor share a general view of where improvements should be made but have different views on the importance of these issues and have different emphasis on possible strategies to address them.  Council is developing a Records Management Improvement Plan that addresses the issues and this is progressing well.  There was extensive discussion of the reports.  It was suggested that the original auditor should be invited to a future Audit Committee meeting where the finalised Records Management Improvement Plan would be tabled.

 

AUC 5   RESOLVED on the MOTION of Jayant Gulwadi seconded His Worship the Mayor Councillor Kevin Crameri OAM

That:

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

2.     A further report be brought to the Audit Committee on the Records Management Improvement Plan.

 

3††††††† Progress on implementing Audit Recommendations††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Peter Browne led the Committee through the progress being made on Developer Contributions, Credit Cards, Development Approvals, Payroll and Stores resulting from audits on these areas.

No fraudulent activity has been found in regard to payroll and credit cards however some controls were relatively weak and in need of strengthening.  It was noted that pay office staff do a lot of work ensuring everyone is paid correctly and that changes are being implemented to move responsibility for some checking to the departmental managers.  This is expected to both reduce risk and increase productivity.  Likewise moving of workloads in checking credit cards has occurred and is expected to both reduce risk and increase productivity.  Improvements to documenting procedure is a common recommendation in the reports.

Councillor Ross Fowler OAM asked questions in regard to s94 procedures where a reduction in contributions is requested by charities or community groups.

 

AUC 6   RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jim Aitken OAM that the information contained in the report on Progress on implementing Audit Recommendations be received.

 

GENERAL BUSINESS

 

The Committee briefly discussed the possible issues for future meetings and considered what Audit Committees of other organisations do.  The discussion included:

∑††† What are the 10 top risks for Council and how are they managed? 
Councilís Audit Program is risk based but some Audit Committees receive quarterly updates on the top 10 risks.

∑††† Is the Internal Audit function adequately resourced and how often should the Committee be updated on whether the program will be completed?
Councilís Audit Program is ambitious and some carryover of work into next year is expected.  Progress is reported periodically but current practice not to detail this to every meeting.  Resources were increased a couple of years ago to facilitate some contracting out of work.  It was noted that some Councils have two or three officers in Internal Audit.

∑††† Are we checking compliance with all legislation?
At present Managers are responsible for compliance within their areas and there is no centralised checklist or across the board routine check on compliance.

∑††† Should the Committee have a Deputy Chair?
The Committee was uncertain as to whether it required a Council resolution to establish this position.  The matter will be discussed at the next meeting.

 

There being no further business the Chairperson declared the meeting closed the time being 9:50am.

 

 

 

 


Ordinary Meeting

3 May 2010

A Leading City

 

 

 

3

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

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

This report advises Council of a proposed motion for the Australian Local Government Association (ALGA) National General Assembly to be held in Canberra from 14Ė17 June 2010, and seeks endorsement from Council to submit the motion, as detailed, to the Assembly.

 

The proposed motion covers the subject ĎPartnership Approach to the National Population Strategyí.

 

The report recommends that:

 

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

 

2.†† Council confirm the action taken in forwarding the Motion detailed in the report on ĎPartnership Approach to the National Population Strategyí for inclusion in the 2010 Australian Local Government Association National General Assembly Business Paper.

Background

A report was submitted to the Policy Review Committee on 29 March 2010 on a proposed motion for the 2010 National General Assembly of Local Government to be held in Canberra from 14-17 June 2010 on the ĎPreparation of Structure Plans for the Major Citiesí. After considering the report, the Policy Review Committee did not agree to forward this motion to the National Assembly, but instead, resolved to receive the report.

 

It was indicated in the report that motions needed to be submitted to the ALGA by no later than Friday 9 April 2010. However, the ALGA has since extended this deadline and it will now accept motions up until Friday 30 April 2010.

 

In view of the extension of time in which to submit motions, Councilís Director, Craig Butler, in consultation with Ruth Spielman, Executive Officer of National Growth Areas Alliance, have identified another possible issue under the theme of ĎPopulationí for which a motion could be framed for debate at the Conference.

 

Having regard to the limited time remaining to submit motions, and the fact that the next Ordinary Council meeting does not occur until 3 May 2010, the proposed motion, titled ĎPartnership Approach to the National Population Strategyí, has been circulated to all Councillors for review by memo dated 23 April 2010 from Councilís Acting Executive Officer. Councillors were asked in the memo to contact the Acting Executive Officer by Thursday 29 April 2010 if they did not support this motion going forward to the National General Assembly.

 

At the time of writing this report, no objections have been raised by Councillors to submitting this motion. If there are are no objections raised by Councillors by 5pm on Thursday 29 April 2010, then it is proposed to submit the following motion to the National General Assembly on Friday 30 April 2010.

Motion to Conference

 

Short Title of Motion

 

Partnership Approach to the National Population Strategy

 

Suggested Theme

 

Population

 

Summary of Key Arguments

 

Background

 

The Australian Federal Government has recently appointed a Minister for Population who will be responsible for the development of a National Population Strategy.† Population growth and its consequences fundamentally impacts on local government and local communities and Local Government should therefore be involved from the outset in the development of such a strategy.

 

Overarching Issue

 

Management of population growth is already an issue for many local governments, with deficits in service and infrastructure provision creating significant environmental, economic and social consequences. Additional growth will exacerbate this unless it is well planned and serviced.†

 

Relevance to Local Government

All spheres of Government will need to be involved for any Population Strategy to be successful.

 

Need

 

The need for Local Government to be involved in the development of the National Population Strategy is to ensure that the on the ground experience of managing growth and the ideas of what needs to happen in the future for sustainability are captured.

 

Conclusion

Local Government should be a key partner in the development of the National Population Strategy.

 

National Objective

 

The objective of this motion is to ensure Local Government is actively involved as a partner in the development of a National Population Strategy.

 

Motion

 

That this National General Assembly:

a)††††† commends the Australian Federal Government for its decision to appoint a Population Minister and develop a National Population Strategy.†

b)††††† calls on the Australian Federal Government to involve Local Government as a key partner in the development of its National Population Strategy from the initial scoping stages to its completion, via the Australian Council for Local Government (ACLG) and seeking direct input from relevant Local Government groupings.††

 

 

RECOMMENDATION

That:

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

2.†††† Council confirm the action taken in forwarding the Motion detailed in the report on ĎPartnership Approach to the National Population Strategyí for inclusion in the 2010 Australian Local Government Association National General Assembly Business Paper.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 May 2010

A Leading City

 

 

 

4

Cultural Planning Partnership† ††

Compiled by:††††††††††††††† Craig Butler, Director

Authorised by:†††††††††††† Craig Butler, Director††

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

Penrith City Council has gained a reputation of being forward looking.† The City has been subject to growth over a sustained period, and this will continue.† One of the more tangible expressions of our innovation is in the planning approach taken to deal with this growth, and to therefore shape the form and function of the City.

 

Too often, growth areas take or have imposed upon them atypical planning concepts and methods.† As a result, Australian growth cities have become indistinguishable from one another.

 

Through an outstanding partnership with the Museum of Contemporary Art, Councilís officers have been alerted to a new, more creative approach to planning cities, or key urban elements therein.

Background

Typically, cities have been planned based upon tried and proven spatial and land use planning principles.† In Australia, this approach has created cities which are generic, as opposed to having points of difference and opportunity.

 

While in many respects by international and national benchmarks the Cityís standards and amenities are adequate, there are also deficiencies.† In a fast changing world it is questionable whether planning, which very often still draws its references from the past, can adequately equip us for the future or recognise and confront existing deficiencies and deal with them.

 

Cities of the future will need to move away from vulnerability and towards resilience.† Resilient cities are strongly networked, visionary, grounded in the strengths of their place and their people and working actively on their inadequacies.† They can compete in a global world.† They are creative places.

 

Creativity has in the past been perceived to be the domain of galleries, universities, museums and the like.† Increasingly, however, organisations are recognising the need for creativeness to be embodied in their culture and functioning if they are to survive in a changed future.† What if a City were to take a similar approach to its planning?† What if a City conducted itself as a creative unit?

 

Through an innovative partnership with the Museum of Contemporary Art, Sydney, the Penrith Performing and Visual Arts, Penrith Panthers and others, an opportunity has arisen to pilot a new approach to the planning of key urban elements within Penrith. †The project involves a collaboration with the international consultancy Campement Urbain (CU) who specialise in work on the edges of cities where they experience that the opportunities are significant.†

 

CU propose a study of the nature of this place and its people and from that the identification of an alternate future.† This is to be known as The Penrith Story.† The second part of the project involves the identification of an appropriate site on which the principles within the story can be expressed as that site develops.

 

The Penrith Story

 

Since 2006, Council has been involved in an initiative which brings together, in a cultural partnership, the MCA Sydney, Campbelltown Arts Centre, Casula Powerhouse and PP&VA.† Known as C3West, it explored and delivered a range of projects in Western Sydney for artists to extend their practice beyond the gallery.† The projects involved a collaborative process which brought together businesses, artists and communities.

 

In Penrithís case, one of the artists was Sylvie Blocher and Campement Urbain (CU).† CU was founded by Sylvie Blocher and the Urban Planner and Architect, Francois Daune.† CU is a collective which creates artistic devices through which new concepts of urban spaces are experienced.† Their work is typically on the periphery of large cities and mostly involves extensive participation by the local population.†

 

CUís recent experience in relation to planning of Penrith occurred in their project ďThe Panthers of the Future Ė The Future of Panthers Part 1Ē.† In this project, CU visited Panthers Penrith clubhouse and premises over a period of time.† They critically examined the nature of the place and the experience and, through interviews, the attitudes of visitors to those premises.† They acknowledged the bonds which Panthers had developed with the local community but recognised that this had the potential to become increasingly fragile if they transformed themselves into business enterprises to the abandonment of the broader role they may play in sociability.

 

CU proposed that they take their findings further and express those by offering guidance as to how the Penrith Panthers site might be alternatively and innovatively developed in the future.† It was recognised, however, that in some respects the challenges confronting Panthers through redevelopment of their land might be recognised as atypical for the City.

 

CUís proposal was subsequently amended so that the next step would now involve an analysis of Penrithís future from a creative perspective.† The project that has been developed comprises:

 

1.†††††† The Penrith Story

2.†††††† The Pilot Project

 

The Penrith Story involves the telling of the unique story of what it is to be a ďPenrithiteĒ, the history of this place and its landscape and Penrithís future.

 

The Penrith Story will articulate the idea of what Penrithís future could be when approached from the entirely different perspective of creative analysis and planning.† The proposal is outlined in the attachment.

 

The Pilot Project will involve the selection of a site/s on which the Penrith Story can be expressed.† The site will be determined through the course of development of the Penrith Story.† It will be one which:

 

∑††† is ready and viable for development within the near future

∑††† experiences the challenges facing the City today; and

∑††† can express the preferred future outlined in the Penrith Story

 

The project will cost approximately $122,000 of which Councilís contribution is $50,000.† The remainder of the funding will be drawn from partners, who currently include the MCA, PP&VA and other private sector groups.

 

Broader Benefits

 

Council has recognised that the management and leadership of this Regional City requires effective collaborations and partnerships with a range of key players.† One of the most successful relationships, currently, is that with the MCA.

 

Benefits thus far include:

 

∑††† Extensive coverage has been given to Penrith in articles by the Sydney media (print and radio).

∑††† Elizabeth Ann McGregor, the MCAís Director, has spoken about Penrith and the Panthers (their role in sport and community) at various forums, including the Prime Ministerís symposium at the beginning of his tenure, and a U.N. Conference in New York.

∑††† A proposal for the Australian Ballet to perform at CUA Stadium is a direct result of the C3 West project which drew together the PPVA, the MCA and Council.

∑††† The MCA is working constantly with the PPVA to grow the quality and diversity of cultural experiences within the City and to take that to a much broader audience (both from Penrith and beyond).

∑††† Opportunity presented for Councilís Director, Craig Butler, to address the Minister for Finance, Lindsay Tanner, one‑on‑one as to Penrithís potential and aspirations as a Regional City.

∑††† Penrith was promoted to a national audience when John Kirkman and Craig Butler spoke about the C3 West Project at the MCAís October 2009 ĎThe Art of Engagementí Symposium.

 

This latest project represents just another potential step in advancing Penrithís profile, in partnership with the MCA.

 

Financial Services Managerís comment

 

This project has only recently emerged and provides a significant opportunity for Council to take an innovative approach to future planning.† While this project is not included in the 2009-10 Operational Plan salary savings within Development Services could be utilised to fund this consultancy. The project will inform the nature of future development in the City and so it is considered that an appropriate nexus exists with the proposed funding source. In addition, it is noted that given the project has other financial partners that Councilís contribution provides significant value for money.

 

Conclusion

 

The planning of key precincts or localities in this City has typically been based upon references to past tried and proven approaches.† Too often the references are not founded from within the City.† There is, however, an essential context for this place which influences how the City currently functions and could function into the future.† Traditional planning practices have not necessarily been sufficiently alert to this context.

 

Perhaps a more enquiring or creative approach is required.† The project which is the subject of this report proposes such an approach and the piloting of that on a development site.

 

The partnership which Council has formed with the MCA, and which continues to grow, has already reaped significant benefit to Penrith.† There has been extensive media focus on Penrith and our profile has been lifted within Government (at the State and Commonwealth level) and within creative institutions.† It is anticipated that this project will be an important element in the branding of the City into the future Ė both by way of the international standing of CU and through consideration of the unique approach to City planning which they suggest.

 

It is recommended that Council partner with others who are equally interested in creativity and innovation to pilot this alternate planning approach.

 

 

RECOMMENDATION

That:

1.†††† The information contained in the report on Cultural Planning Partnership be received

2.†††† $50,000 be allocated to this project in 2009-10 Operational Plan as outlined in this report.

 

 

ATTACHMENTS/APPENDICES

1.

Campement Urbain Proposal

15 Pages

Attachment

††


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


A City of Opportunities

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

5††††††† Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village

 



Ordinary Meeting

3 May 2010

A City of Opportunities

 

 

 

5

Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village†††

Compiled by:††††††††††††††† Jade Bradbury, Children's Services Business Co-ordinator

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

Strategic Objective: We have access to what we need

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

†††††††

 

Executive Summary

To advise Council on the outcome of a Tender for the provision of ĎGround and Lawn Maintenance for Child Care Centres and Lemongrove Villageí.

 

A total of 14 tender responses were received, and of these, the Tender received from Group 4 Securities did not include a completed price schedule and was therefore considered to be ďinvalidĒ. Following the evaluation criteria assessment and review of the tendered prices, the list was reduced to two (2) prospective tenderers.† The companies short listed were;

Star Property Maintenance Pty Ltd and GJ & K Leadbeatter (Trading as Carefree Cleaning Services).

 

The two (2) short-listed tenderers were then subjected to further checks including referee and financial health checks.

 

Independent referee checks indicated the short-listed companies had a good to superior level of performance and customer satisfaction. The independent financial analysis checks on the two short-listed companies showed no adverse findings and both demonstrated satisfactory financial capacity to undertake the works required by the tender.

 

Based on the detailed evaluation, independent risk analysis and best overall value for money, the Evaluation Panel is recommending that the contract for provision of Ground and Lawn maintenance for Child Care Centres and Lemongrove Village be awarded to Star Property Maintenance Pty Ltd at a cost of $86,180.00 per annum for a contract period of two years with an option to extend the contract for a further one year period (with provision for rise & fall) subject to satisfactory performance.

Background

The existing service agreement for the provision of Lawn and Ground Maintenance services for child care services expired on 31 December 2009. The current provider of the service (Stardel Total Services Pty Ltd) has agreed to continue the arrangements on a month by month basis until a new tender could be finalised.

 

Tenders for the provision of Ground and Lawn Maintenance for a two (2) year period with an option to extend for a further one (1) year period allowing for rise & fall provisions were advertised in the Penrith Press, Sydney Morning Herald and placed on the e tendering web site on 12 January 2010 and closed on 9 February 2010.

 

Tender Documents

It was proposed in the tender documents that Council would select a preferred contractor capable of providing the required services.

 

The tender specification also included the provision of Ground and Lawn Maintenance for Lemongrove Village; this was not previously under any contract arrangement.

 

All prospective tenderers were required to attend a pre-tender briefing held on 19 January 2010. Tenderers were invited to undertake their own site inspections of the various premises and all were instructed that the inspections were to be carried out externally to minimise disruption to the daily operation of the child care centres. A full site inspection was held for Lemongrove Village as part of the tender briefing.

 

The scope of work specified in the tender documents included a detailed list of standard tasks required at regular intervals for each centre. Tenderers were required to submit a fixed weekly cost for each centre covering all listed tasks including monthly, quarterly and annual tasks.

 

Tender Evaluation

Evaluation Panel

The tender evaluation panel comprised the following members:

Jade Bradbury (Childrenís Services Business Coordinator) Sue Gorst (Lemongrove Village Coordinator) Carmel OíFarrell (Childrenís Services Coordinator) and Mal Ackerman (Supply Coordinator).

 

Evaluation Criteria

The evaluation criteria specified in the tender documents included:

Tendererís capability

 

∑††† Demonstrated ability in meeting the supply services required

∑††† Compliance to specified requirements

∑††† Establishment & Response times

∑††† Conformance to relevant standards

 

Management and Administration

∑††† Resources and Personnel

∑††† Quality Assurance Systems

∑††† Environmental Management Systems

∑††† Industrial Relations

∑††† Occupational Health & Safety

∑††† Safety Record

 

 

Tenders Received

A total of 14 responses were received. Of these, the tender received from Group 4 Securities did not include a completed price schedule and was therefore considered to be ďinvalidĒ. Below is a list of the remaining 13 tender responses in alphabetical order.

 

Adept Civil Pty Ltd

Churchills Mowing

Contract Integrated Services Pty Ltd/Nu Era Cleaning Pty Ltd

DCT Property Services

GJ & K Leadbeatter (Trading as Carefree Cleaning Services)

GJ's Property Management

Horticultural Services Australia

O Landscapes

Rogue Property Maintenance Pty Ltd

Star Property Maintenance Pty Ltd

Stardel Total Services Pty Ltd

Stu's Concreting Australia Pty Ltd (Trading as Majestic Lawn Maintenance)

The Luckie Company P/L (Trading as the Garden Maintenance Company)

 

Evaluation of Remaining Tenderers

The remaining tenderers were further assessed for Capability and Cost.

 

Capability Assessment

Following the capability assessment against the evaluation criteria it was determined by the evaluation panel that all tenders submitted met the specified requirements and all demonstrated their capability in providing the services.

 

Cost

The annualised cost for each of the remaining tenderers is shown in the following table (lowest to highest).

 

Tenderer

Annual Cost-All Centres

Star Property Maintenance Pty Ltd

$86,180.00

GJ & K Leadbeatter (Trading as Carefree Cleaning Services)

$91,032.12

Stardel Total Services Pty Ltd

$97,558.00

Churchills Mowing

$104,810.00

Stu's Concreting Australia Pty Ltd (Trading as Majestic Lawn Maintenance)

$132,328.00

Horticultural Services Australia

$159,798.95

Rogue Property Maintenance Pty Ltd

$163,936.00

Adept Civil Pty Ltd

$165,957.00

The Luckie Company P/L (Trading as the Garden Maintenance Company)

$225,919.64

Contract Integrated Services Pty Ltd/Nu Era Cleaning Pty Ltd

$244,951.00

DCT Property Services

$282,690.00

GJ's Property Management

$285,660.00

O Landscapes

$319,955.00

 

Short listed Tenders

The range of prices for this service were extensive. The current annual cost to provide this service is approximately $98,000. Following the evaluation criteria and cost assessment, the evaluation panel determined that the tenders received from Star Property Maintenance Pty Ltd, GJ & K Leadbeatter (Trading as Carefree Cleaning Services) be short listed for further evaluation including;

 

∑††† Independent Financial Risk analysis

∑††† Independent Referee Checks

∑††† Interviews

 

The evaluation panel determined that there was no advantage to Council in considering the remaining higher priced tenders.

 

Profile of short listed Tenderers

GJ & K Leadbeatter (Trading as Carefree Cleaning Services)

They are based in Woodbine NSW and have been performing similar services to a number of clients over a period of 10 years. They have extensive experience with multiple sites including 250 sites for the Department of Housing throughout Western Sydney and a number of Western Sydney sub stations and office sites for Transgrid. They are well equipped to perform the specified services. They are paying staff in accordance with the Horticultural Industry (State) Award (378).

 

Star Property Maintenance Pty Ltd

They are based in Green Valley NSW and have been performing similar services to a number of private clients over a period of 6 years. Current services include lawn and ground maintenance for St George Community Housing, Mastercorp, Risco and Clean Green Strata.

They are also well equipped to perform the specified services. They are paying staff in accordance with the Horticultural Industry (State) Award (378).

 

Interviews with Short listed Tenderers

Following the interviews with the two (2) short-listed tenderers, it was determined that Star Property Maintenance Pty Ltd demonstrated a higher level of understanding of the requirements of the tender along with the resources and superior capability to deliver the level of service required.†

 

The hours allocated by GJ & K Leadbeatter to complete the works to a superior standard were not realistic (especially completing the required scope of work at Lemongrove Villages). The significantly lower number of hours of work as well as the staff allocated to complete the work proposed by GJ & K Leadbeatter would not be adequate to ensure a high quality standard that is required at each of the centres.

 

Financial Analysis

Third party financial analysis checks were conducted for all short listed tenderers. There were no adverse findings and all tenderers demonstrated satisfactory financial capacity to undertake the works.

 

Referee Checks

Third party referee checks were carried out on both short listed companies. In all cases, reports indicate a good to very good level of performance and customer satisfaction.

 

Financial Services Managerís Comments

The annual cost of $86,180 submitted in the tender of Star Property Maintenance represents the best value for money of the submitted tenders. The tendered cost can be accommodated within the existing operational budgets of the Centres.

 

Comment by Tender Advisory Group (TAG)

The Councilís Group Manager, Legal and Governance ~ Stephen Britten and the Councilís Acting Executive Officer, Glenn Schuil met to discuss the merits of the recommendation made in the Report. The methodologies used to assess the tender in question appear sound and accordingly the recommendation is supported.

 

Conclusion

Based on the detailed evaluation, and independent risk analysis, the tender that represents the best overall value for money to Council was received from Star Property Maintenance Pty Ltd. They demonstrated through their interview that they have a higher understanding of the specified requirements. Their methodology and approach was far superior to the methodology provided by GJ & K Leadbeatter (Trading as Carefree Cleaning Services).† This is an extremely important aspect of the requirements, as there are a number of multiple sites to be serviced over a minimum period of time. Work can only be performed at Child Care Centres during close down periods.

 

RECOMMENDATION

That:

1.†††† The information contained in the report on Tender Reference 33-09/10 for the provision of Lawn Maintenance Services to Child Care Centres and Lemongrove Village be received.

2.†††† A contract for the provision of Child Care lawn and ground maintenance and Lawn Ground Maintenance for Child Care Centres and for Lemongrove Village be awarded to Star Property Maintenance Pty Ltd for the annual cost of $86,180.00 for a period of two (2) years, with an option to extend the agreement for a further one (1) year period (with provision for rise & fall).

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


A Green City

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

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

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

 

7††††††† Development Application DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park . Applicant: Westminster Building Co. Pty. Ltd;† Owner: Preetpal Singh DA10/0235

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

 

8††††††† Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (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.

 



Ordinary Meeting

3 May 2010

A Green City

 

 

 

6

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

DA09/0901

Compiled by:††††††††††††††† Deepa Randhawa, Senior Environmental Planner

Authorised by:†††††††††††† Paul Lemm, Development Services Manager ††

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

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

†††††††

 

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

†††††

Executive Summary

Council is in receipt of a Development Application for the use of an existing retail unit to operate a Red Rooster restaurant. The proposal includes fit out of the existing unit, construction of a new driveway, a drive-through facility and associated signage.

 

The site is zoned 3(d) Special Business (Highway Service Area) under Interim Development Order No. 27 Ė City of Penrith. The proposed development is defined as a ďrefreshment roomĒ which is a permissible form of development with the consent of Council. The proposed development was notified to the owners and occupiers of adjoining and nearby properties. Council notified 22 property owners and occupiers in the surrounding area and received six submissions including two petitions signed by 120 local residents. The issues raised in the submissions relate to traffic, parking and safety impacts, business viability and competition with other similar businesses in the complex.

 

The application was referred to the Local Traffic Committee to consider the traffic issues in relation to the whole retail complex. The Local Traffic Committee and Councilís Traffic Engineering Department have raised no objections to the approval of the development application subject to conditions.

 

This matter was reported to the Council Meeting of 1 February 2010 where it was resolved to defer the matter for consideration at the next Ordinary meeting, subject to further consultation with the community. A public meeting was held on site on 4th March 2010 with the community, the applicant, Councillors and Council staff representatives. The following key issues were raised at the meeting:

 

ß Traffic conflict at the northern end of Lavin Crescent for cars entering the site from Lavin Crescent and exiting the proposed drive- through;

ß Traffic conflict for cars merging from the Dunheved Road entry and cars circulating back into the traffic flow from the drive-through;

ß Pedestrian safety within the site;

ß Safety and vandalism issues on site;

ß Whether or not the drive- through encroaches on Council land.

The applicant has submitted amended plans and additional information to address these issues.

The amended plans were notified to the previously notified owners and occupiers of nearby properties and those who had made a submission in relation to the original proposal. Council notified 262 property owners and occupiers and received no submissions.

 

A further assessment of the issues raised on site has been undertaken under Section 79C of the Environmental Planning and Assessment Act 1979 and the amended application is recommended for approval, subject to recommended conditions of consent.

Background

The applicant attended a pre-lodgement meeting on 20 May 2009 and the following key issues were identified by Council:

 

ß Visual Impact Ė The proposal will involve the removal of some of the landscape area along Lavin Crescent. The application will need to provide details to demonstrate that the visual impact caused by the loss of potential landscape area is acceptable. The remaining landscape area between the boundary and the drive-through access is to be provided with suitable landscaping to screen the access driveway and provide an appropriate streetscape.

 

ß Car Parking Ė The current building provided car parking at a rate of 1 space /26 m2 of floor area. The car park rate for a restaurant is 1 space for every 5.5m2 of seating area or 1 space for every 4 seats whichever is the greater. If the car parking requirement exceeds the spaces allocated to the existing shop, the applicant will need to demonstrate that the car parking on site is adequate for the proposed development and the other businesses operating in the centre.

 

ß Traffic Ė The proposed drive-through exit adjacent to the entry point for the site is to be designed to prevent vehicles turning left from the drive thru and having potential conflict with vehicles entering the site. Suitable traffic management devices such as kerbs are to be provided and shown on the plans to divert vehicles leaving the drive-thru to only turn right. Suitable signage should also be used and shown on the plans.

 

ß Building Code of Australia Ė If new lighting and air conditioning proposed the development must comply with section J energy efficiency provisions. Toilet facilities for employees to be provided separate to the toilets provided for the customers. Travel distances need to comply with the BCA.

 

ß Accessibility Ė The application is to be accompanied by an Access Report prepared by a qualified person and the matter will be referred to Councilís Access Committee for comments before the application is determined.

 

ß Signage - The proposed signage is to be provided with the application. A separate pylon sign will not be supported but any signage should be incorporated into the existing pylon sign along Dunheved Road.

 

The preceding issues have been addressed as part of this Development Application, as outlined later in this report.

Site and Surrounds

The subject site is situated on the southern side of Dunheved Road in Werrington County, approximately 100m to the west of the intersection of Dunheved Road and Henry Lawson Avenue. The site is bounded by Lavin Crescent to the west and south and has an area of 4,059m2.

 

The site contains a retail unit complex containing 5 retail units with the provision of 49 car spaces. The subject retail unit complex is a relatively new development which was approved by Council in January 2005 and was completed in June 2006. The site has dual frontage and can therefore be accessed via either Dunheved Road or Lavin Crescent.

 

The surrounding area is characterised by a mix of land uses, including open space to the west, low density residential development to the north and south and recreational and retail uses to the east. (See Appendix No. 1 Ė Locality Plan).

The Proposed Development

The application seeks development approval to:

 

ß Fit out part of the existing building for a Red Rooster restaurant;

ß Provide a ďdrive-throughĒ facility and;

ß Provide associated signage.

 

(See Appendix No. 2 Ė amended Site Plan)

 

Fit out:

 

Existing Building 1 has a gross floor area of 360.3m2 and will be divided into two (2) separate tenancies as follows:

 

Tenancy

Area

Tenant

1

227.6

Red Rooster

2

133.0

Vacant

 

It is not proposed to extend or increase the existing building footprint or the gross floor area.

 

Tenancy 1 will be modified both externally and internally to bring it in line with latest design concepts for all new red Rooster stores and will include:

 

ß Seating area for 36 persons;

ß Internal partitioning creating new servery, office, cool rooms (x2) freezer, dry store, staff room and preparation areas;

ß Two (2) new openings (windows) to the western wall to serve the drive- thru customers;

ß Combined toilets for staff and customers;

ß New ďdrive- thruĒ canopies at service windows.

 

Drive ĖThru Facility:

 

ß A 3 m wide drive thru facility is proposed to be provided in the existing western side setback from Lavin Crescent;

ß Existing landscape will be removed and new landscaping will be provided in the remaining area between the drive-thru and Lavin Crescent.

ß The drive- thru facility will provide two service windows and canopies will be provided over these service windows;

ß These canopies will be an extension of the existing fascia, approximately 2.5m wide and setback approximately 2m from Lavin Crescent boundary and supported by a feature screen with aluminium grill inset;

ß Vehicles entering the drive-thru will be directed to turn right by-

-††††† specially designed curbing and directional signage

-††††† directional signage.

 

Associated Signage:

 

ß Extend the existing pylon sign to a total height of 7m with internally illuminated corporate logo sign of 2.92m in width x 1.7m in height;

ß Three (3) illuminated Red Rooster corporate signs to fascias of the existing building, the sizes vary as follows:-

-†† 6.75m wide x 1.5m high (Dunheved Road north fascia)

-†† 6.75m wide x 1.5m high (south elevation fascia)

-†† 4.05m wide x 0.9m high (internal side elevation)

ß Three (3) internally illuminated directional signs;

ß One (1) non-illuminated directional sign;

ß Two (2) external menu boards;

ß One (1) height clearance sign for the drive- through.

 

Business Operation & Management:

 

ß The Red Rooster restaurant will be operated and managed by a franchisee owner;

ß The expected number of staff include 4 full time employees, 10-15 casual and up to 10 part time staff;

ß The proposed hours of operation are 9am to 12 am (midnight) seven days a week.

 

Amended Proposal

The above proposal was amended by the applicant as a result of concerns raised at the site visit and advice from Councilís Senior Traffic Engineer to include the following:

 

ß Closure of the access driveway at the northern end of Lavin Crescent;

ß Provision of dual access from Dunheved Road and the southern end of Lavin Crescent;

ß Provision of a triangular concrete island at the Dunheved Road entry point to guide entering traffic and to prevent conflict;

ß The provision of a pedestrian crossing across the carpark;

ß Low level landscaping at southern boundary to improve sight distances especially around pedestrians;

ß The amended hours of operation are from10am to 10pm seven days a week.

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) Ė Any Environmental Planning Instrument

Sydney Regional Environmental Plan No. 20 Ė Hawkesbury-Nepean River (No. 2 Ė 1997) (SREP 20)

SREP 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 proposal will have minimal impacts and is considered to not compromise the water or scenic qualities of the river environment as no major constructions works are involved except minor site works including removal of landscaping and construction of a 3m wide concrete driveway. Conditions of consent have been recommended to ensure erosion and sediment control measures are employed prior to the commencement of any site works.

 

A waste management plan has been submitted to detail out the waste management objectives of the store including waste minimisation; waste separation at source, recycling and regular collection of litter in the car park and surrounding area. These measures will ensure that quality of water from the site has no adverse impact on the existing environment of the Hawkesbury-Nepean River system.

Interim Development Order No. 27 Ė City of Penrith (IDO 27)

 

The subject site is zoned 3(d) Special Business (Highway Service Area) under Interim Development Order No. 27 Ė City of Penrith. The proposed development is defined as a ďrefreshment roomĒ, which is permissible with the consent of Council:

 

ďRefreshment RoomĒ means a restaurant, cafť, tea-room, eating-house or the like.

 

Clause 8 requires any development application for the consent of the Council to have consideration:-

 

(a) †††† to the carrying out of work or to the use of land within view of or adjacent to any road, public reserve or proposed reserve, the Council shall take into consideration the probable aesthetic appearance of such development or work when used for the proposed purpose and viewed from such road, public reserve or proposed reserve;

(b) †††† to the carrying out of any other development likely to cause increased vehicular traffic on any road in the vicinity thereof, the Council shall take into consideration whether, having regard to the proposed use of any such building or development has Ė

(i)†††††† adequate vehicular exits and entrances to the site have been provided so that vehicles using such entrances and exits will not endanger persons and vehicles using any such road;

(ii) †††† space, sufficient to provide for the parking or standing of such number of vehicles as the Council may determine, is provided on the site or on land adjoining the site not being a public road;

(iii) ††† any representations made by the Police Department (Traffic Branch) and by the Department of Main Roads have been met; and

(iv)†††† adequate space has been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

 

The proposed development is to use an existing retail unit. The existing unit is part of a recently built contemporary building in a commercial complex which has been designed to integrate with the amenity and visual quality of the surrounding area and the Dunheved Road interface.

 

External works proposed include a 3m wide concrete driveway for the drive-through facility, new signage and changes to the entry and exit access from Dunheved Road and Lavin Crescent to improve the existing traffic situation and prevent any traffic conflicts. It is not proposed to extend or increase the existing building footprint or the gross floor area.

 

The proposal is consistent with the existing commercial character of the locality and is consistent with the above aims and objectives.

 

There are no development standards under IDO 27 applicable to the proposed development.

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

 

There are no draft environmental planning instruments which are relevant to the subject site and/or the proposed development.

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

Penrith Development Control Plan (DCP) 2006

Section 2.1 Contaminated Land

The site was previously used as a service station from 1984 to 1998 and then as a car sales yard. Remediation and validation of the site was undertaken as part of DA03/1107 for the construction of the complex now on the site.

Section 2.2 Crime Prevention Through Environmental Design

The design of the development optimises safety and security, both internal to the development and from the public domain. Safety and security has been considered in accordance with Crime Prevention Through Environmental Design (CPTED) principles of surveillance, access, territorial reinforcement and space management. The safety of the public is enhanced by the design of the proposal which improves casual surveillance of the street during the day and night by orientating seating areas to each street frontage.

 

Issues were raised in relation to safety and security measures particularly vandalism and pedestrian safety within the site during the site meeting by the local residents.

Councilís Community Safety Manager reviewed the proposed development and recommended matters to be addressed including:

 

ß Security on the site to include a ďback to baseĒ alarm system and installation of Close- Circuit Television cameras to survey the rear car park area, the entrance and exits door of the premises;

ß The lighting system to ensure uniform lighting across the car parking areas;

ß All bins to be locked up at night and litter to be collected regularly in the car park area and immediate surrounds;

ß Soft landscaping mulch or material to be used in the landscape beds, no pebbles or such like materials shall be used for landscaping;

ß Pedestrian crossing to be provided on site.

 

Amended site and landscape plans have been submitted by the applicant to address these issues by providing a new pedestrian crossing marked across the car park and replacing existing landscaping along the southern boundary of the site to address site lines and pedestrian safety.

 

The applicant has also provided additional information with regard to the operational matters which include:

 

ß Hours of operation will be from 10am to 10pm seven (7) days a week;

ß Existing lighting for the car parking area consists of 3 x 400w floodlights installed and maintained by Integral Energy's Nightwatch program which are located on power poles and light up the entire southern car park area (rear) of the site. A 500w floodlight connected to house power and 25 lights in the awning covering the pathways and shop entrances; 

ß All bins will be located in the rear service area and locked up at night and Red Rooster staff will regularly collect litter in the car park area and immediate surrounds as detailed in our Waste Management Plan; and,

ß Security on the site will include a ďback to baseĒ alarm system and installation of three (3) CCT cameras.

 

To mitigate any opportunity for vandalism, conditions of consent relating to lighting, vegetation, access and surveillance, signage, fencing, security, the storage and removal of waste, management responsibilities and removal of graffiti are recommended (Special Conditions 2.12 to 2.16 inclusive and Standard Condition A039).

 

Section 2.7 Notification and Advertising

In accordance with Section 2.7 Notification and Advertising of Penrith DCP 2006, the proposed development was notified to nearby residents and tenants of the other retail units in the subject retail complex with the exhibition period from 17 September to 1 October 2009.

Council notified 22 residents and tenants in total and in response received six (6) submissions including two (2) petitions letters signed by 120 residents. The issues raised in the submissions are discussed later in this report.

Section 2.9 Waste Planning

A waste management plan has been provided with the application and it suitably describes the likely waste generation of the proposal and identifies appropriate actions to manage the generation, storage and disposal of wastes.

Section 2.11 Car Parking

This matter is discussed later in this report.

 

Section 3.1 Advertising Signs

 

The proposed signs are compatible with the scale and proportion of the building and the subject site. The existing pylon sign is to be extended to 7m in height with internally illuminated corporate logo sign. The development also proposes three (3) illuminated Red Rooster corporate sign to fascias of existing building, one facing Dunheved Road a number of directional signs and menu boards.

 

The proposed signs are appropriate for the site and the illumination of the proposed signs will not result in unacceptable glare affecting the safety for pedestrians, vehicles or detract from the amenity of residences.

 

The proposed signage meets the objectives and is consistent with the provisions of the development Control Plan.

4.†† Section 79C(1)(a)(iv) Ė The Regulations

 

Councilís Building Surveyor has raised no objection to the proposal regarding fire safety considerations.

5.†† Section 79C(1)(b) Ė The Likely Impacts of the Development

Context and Setting

The proposal is consistent with the existing character of other development in the locality and is compatible with the surrounding and adjacent land uses. The proposal will have no adverse impacts on the natural environment and will only involve the removal of some of the landscape area along Lavin Crescent. The proposed landscaping plan demonstrates that the remaining landscape area between the boundary and the drive thru access provides suitable landscaping to screen the access driveway and provide an appropriate streetscape.

Carparking

The entire complex includes a total of 47 on-site car spaces, which represents an overall surplus of 6 car spaces across the site based on the car parking requirements of Councilís DCP. The site is not strata titled and therefore the car spaces are not strictly allocated to each unit within the complex.

 

The amended application along with the traffic report submitted with the application was referred to Councilís Senior Traffic Engineer who has raised no objection to the new proposal based on parking issues and provided the following comments:

 

ďThe retail complex, which contains two existing buildings with 5 tenancies, has 47 on-site parking spaces.

 

Penrith DCP 2006 requires the provision of on-site car parking for restaurants at a rate of 1 space per 5.5m2 or 1 per 4 seats, whichever is greater.† This equates to 41 spaces based on the floor area calculation.††

 

For this takeaway restaurant, a more appropriate rate is contained within RTA Guide to Traffic Facilities which requires drive-through restaurants to provide parking at a rate of 1 space per 2 seats (internal) or 1 space per 3 seats (internal and external), which equates to 18 spaces.†

 

Penrith DCP 2006 requires car parking for restaurants at a rate that equates to 41 spaces based on the floor space of this proposal; whereas the RTA Guide to Traffic Facilities requires 18 spaces for this proposal, based on the seating capacity for drive-through restaurants.  The variation between documents is noted, however, the RTA rate is applicable in this instance as the land use category is more specific to the client stay of proposed use (i.e. short term stay + drive through), rather than a restaurant (usually longer term).†

A drive-through queuing facility is also required.†††††††††††

 

The proposal for Tenancy 1 provides 18 parking spaces, which satisfies the RTA Guide.† In addition, queuing for 4 cars is to be available from the ordering point.

 

This allows for 31 spaces available for the other 4 tenancies on site.† Based on any future retail uses of these tenancies, parking will be available at a rate of 1 space per 26m2, being 26 spaces.

 

As the proposed use will not exceed the car parking rate previously determined adequate for the site; the proposed car parking arrangements are satisfactory.Ē

Access and Traffic

The site has dual frontage and can be accessed via either Dunheved Road or Lavin Crescent.

 

Councilís Traffic Engineer has reviewed the revised proposal with regard to access, transport and traffic and has provided the following comments:

 

ďAccess into the car parking area of the existing retail complex is via the slip lane off Dunheved Road, or alternatively via Lavin Crescent (north).† Exiting the car park is via Lavin Crescent (east). This arrangement was approved under the original DA for the complex.

 

A site meeting was held on 4 March, 2010 between the Mayor, Councillors, residents, staff and the applicant primarily to discuss traffic matters. As a result of concerns raised, amended plans were received demonstrating revised access arrangements.

The amended plans have been assessed and considered satisfactory to address the concerns raised at the site meeting.† Detailed design of these works is required prior to Construction Certificate.

 

The proposed 3m wide drive-through for the restaurant is proposed between the eastern side of the building and the boundary. Vehicles exiting the drive-through will turn right by specifically designed kerb and directional signage.

 

Traffic Generation

 

The RTA Guide to Traffic Generating Developments estimates that based on a similar take-away food chain, evening peak hour vehicle rates are expected to be 100 vehicles per hour/average.† This could vary from weekdays to weekends and be up to approx 150v/h on weekdays.††

 

It is therefore considered that the restaurant will produce an increase in local traffic flow during the restaurant operating hours. However, given the location of the restaurant on a regional road, no adverse traffic generation impacts are expected from the development and it is anticipated that the local road network has adequate spare capacity to cater for this increase.Ē†

 

While the originally proposed access arrangements were satisfactory it is acknowledged that the new arrangements proposed as a result of the site meeting will result in an improved outcome for the whole development on site. A detailed design of the amended access arrangements, including the required triangular concrete island at the Dunheved Road entry point as required by Councilís Traffic Engineer has been recommended as a Condition of consent. See Special Condition No 2.17.

 

Local Traffic Committee

At Councilís Ordinary Meeting of 12 October 2009, Councillor John Thain requested that the traffic issues surrounding the proposed Red Rooster development at Dunheved Road be investigated by the Local Traffic Committee for consideration.

 

The change of use for a Red Rooster Restaurant at Lavin Crescent did not require a referral to the Local Traffic Committee under State Environmental Planning Policy 2007 (Infrastructure) as Dunheved Road is not a classified road, but a regional road and is under control/management of Council.

 

However, the matter was reported to the Local Traffic Committee to consider the traffic issues in relation to the whole retail complex and the feasibility of a ďNo Right TurnĒ restriction from Lavin Crescent into Dunheved Road.

 

The report took into consideration that the right hand turn manoeuvre from Lavin Crescent into Dunheved Road is difficult due to traffic volumes on Dunheved Road, traffic turning right into Lavin Crescent and the potential of pedestrians crossing.† The report therefore recommended that Council commence a Traffic Management Plan process to investigate the feasibility of a right hand turn ban at this intersection.

 

Following the recommendations of the Local Traffic Committee, a Traffic Management Plan has been prepared by Council to consider a ďNo Right TurnĒ restriction (3pm-7pm) on Lavin Crescent at its intersection with Dunheved Road, Werrington. This plan has been referred to the Roads and Traffic Authority for its consideration prior to public exhibition/notification. The lodgement of the subject development application did not trigger the requirement for this Traffic Management Plan process to occur.  The intersection has been known to Council as having a difficult right turn manoeuvre and subsequent vehicle delays.  It is acknowledged that traffic generated by the proposed development would have some impact on the current efficiency of the intersection, however, the Traffic Management Plan process has been carried out whether the development proceeds or not.

 

As discussed the proposed access arrangements, parking layout and the surrounding road network will be able to cater for the traffic generated by the proposed development.

Accessibility

The application was accompanied by an Accessibility Statement prepared by Bio-Building Design. The Accessibility Statement certifies that subject to the implementation of a series of recommendations, the proposal will meet the intent of Australian Standard 1428.1 for new building work. There is an existing accessible car space in the complex.

 

The proposal was reported to Councilís Access Committee at its meeting of 7th October 2009. At that meeting the Committee discussed the following issues:

Ė††† provision of unfixed seating

Ė††† access to the restaurant from existing accessible carparking space on the site

Ė††† the width of accessible carparking space

Ė††† traffic flow within the complex and potential conflict

Ė††† the height of the awning over the drive-thru.

 

In response to these matters, the applicant submitted a supplementary statement addressing the matters raised:

 

߆ The seating and tables in the booth area which is located immediately to the right hand side following entry to the restaurant is fixed (ie 3 tables & 6 seats);

߆ All remaining tables are fixed but seating can be moved; and

߆ The height clearance sign (refer signage plans) for the proposed drive-thru will be set at 2.5m clearance.

In addition standard and special conditions are recommended to address the issues raised by the Access Committee (see Special Condition Noís. 2.2, 2.4, 2.7, 2.8 and 2.9).

Noise Impacts

Any potential noise impacts from the proposed development are associated with mechanical plant/ equipment the drive-through and car park (people and vehicles). The closest dwellings are approximately 50m to the south and 60m to the north of the site. It is considered that the distance between the two land uses and proposed landscaping along the site boundaries including the drive-through driveway and the existing landscaping buffer provided to the south within the transmission easement will ameliorate any potential noise impacts from the development.

 

A standard condition has been recommended to ensure that noise from the mechanical plant / equipment shall not exceed 5dB (A) above the background noise, when measured at the boundary of the lot and that the provisions of the Environmental Protection Act, 1997 apply to the development.

 

Subject to conditions, the proposal will not result in any significant noise impact to adjoining areas, in particular, the dwellings to the north and south of the site.

Social Impacts

The proposal poses no potential adverse social impacts. Community benefits will be provided through the provision of a drive Ėthrough restaurant to the local community.

Economic Impacts

Employment opportunities will be created for a total of 6-8 staff and the operation of the Red Rooster will assist to activate the overall complex which is currently only partially tenanted.

6.†† Section 79C(1)(c) Ė The Suitability of the Site for the Development

 

The proposal is considered to be compatible with the surrounding and adjacent land uses. The site attributes are considered conducive to the proposal.

7.†† Section 79C(1)(d) Ė Any Submissions made in relation to the Development

Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

 

Referral Body

Comments Received

Building Surveyor

No objection, subject to conditions

Development Engineer

No objection, subject to conditions

Public Health

No objection, subject to conditions

Traffic officer

No objections raised

Community Consultation

In accordance with Section 2.7 Notification and Advertising of Penrith DCP 2006, the proposed development was notified to nearby residents and tenants of the other retail units in the subject retail complex. The original application was exhibited between 17 September and 1 October 2009.

 

Council notified 22 residents and tenants in total and in response received six (6) submissions including two (2) petitions letters signed by 120 residents in response. The issues raised in the submissions relate to traffic, parking and safety impacts, including the business viability and competition with other similar business in the complex. These matters were:

 

ß Access and egress from Lavin Crescent to Dunheved Road

ß Pedestrian Safety within the car park

ß The development will directly compete with other take away business within the shopping centre and therefore could potentially jeopardise their viability.

 

Further community consultation took place as part of the public meeting and the issues raised at the meeting have been addressed throughout the report and as follows:

 

 

 

ß Councilís Traffic Officer has reviewed the traffic impacts, the access and egress and car parking arrangement on site and is satisfied with the traffic arrangement of the amended proposal as addressed under Section 5 of this report.

 

ß The proposal for a restaurant is a permitted use under the zoning of the site and in this context this is not a valid planning consideration.

 

ß Low level landscaping at southern boundary to improve sight distances especially around pedestrian access and a pedestrian crossing is provide on site.

 

ß The hours of operation have been amended to operate from 10am to 10pm seven (7) days a week. Security on the site will include a ďback to baseĒ alarm system and installation of three (3) CCTv cameras.

 

ß The applicant has submitted a survey plan showing the distance between the existing building and property boundary to Lavin Crescent of Lot 21 DP 1085064. The setback ranges 5.09m to 5.13m which is adequate to accommodate the proposed 3m drive- through and provide for 2m of landscaping. The proposed drive-through is therefore located within the property boundary and not on Council land.

 

(See Appendix No. 3 Ė Survey Plan)

 

The amended plans were notified to the public between 14 April 2010 and 21 April 2010. Council notified 262 residents and tenants in total and received no submissions including two in response to the amended proposal.

8.†† Section 79C(1)(e) Ė The Public Interest

 

The site is suitable for the proposed development. Restaurants are permissible in the 3(d) Special Business (Highway Service Area) zone and the proposal meets the aims and objectives of the relevant environmental planning instruments. It is considered that improvements to competition could have positive flow-on effects for consumers through greater choice and competitive product prices. The development will promote a competitive business environment, for the consumerís benefit and creation of jobs.

Section 94 Contributions

There are no Section 94 contributions applicable to the proposed development.

Conclusion

The revised proposal is consistent with the underlying planning considerations and intent of IDO No. 27- City of Penrith, SREP No.20 Ė Hawkesbury Nepean River and Penrith Development Control Plan 2006. It is compatible with the adjoining retail units in the commercial complex and is consistent with the objectives of the Environmental Planning and Assessment Act in so far as it promotes the co-ordinated and orderly economic use and development of the land.

 

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. Matters raised in submissions have been addressed by amended plans and conditions of consent which now provides for an improved outcome. The site is suitable for the proposed development and the proposal is in the public interest. The proposal is therefore worthy of Councilís support.

 

 

RECOMMENDATION

That:

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

2.†††† Development Application DA09/0901 for the operation of a Red Rooster Restaurant at Lot 21 DP 1085064 (No. 21) Lavin Crescent, Werrington County be approved subject to the following conditions:

Standard Conditions

2.1†††† A001††††††††† Approved plans

A008†††††††††† Works to BCA requirements

A012††††††††††††††††††† Food shop

A019††††††††††††††††††† Occupation Certificate

A021††††††††††††††††††† Business registration

A026††††††††††††††††††† Advertising Signs

A027††††††††††††††††††† Hours of operation

A039††††††††††††††††††† Graffiti

A046††††††††††††††††††† Obtain Construction Certificate before commencement of †††††††††††††††† works

B002††††††††††††††††††† Australian Standard for demolition and disposal to †††††††† approved landfill site

D001††††††††† Implement approved sediment and erosion control †††††††† measures

D010††††††††††††††††††† Appropriate disposal of excavated or other waste

D014††††††††††††††††††† Plant and equipment noise

E01A††††††††††††††††††† BCA compliance (Class 2-9)

E002†††††††††††††††††††† BCA issues to be addressed

o† †††† Exit travel distances must comply with Clause D1.4; and

o† The provision of sanitary facilities for patrons and

o† staff must comply with Clause F2.3.

E006†††††††††††††††††††† Disabled access and facilities

E009†††††††††††††††††††† Annual fire safety

F022†††††††††††††††††††† Commercial kitchens exhaust system

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

H002††††††††††††††††††† Provision of site facilities prior to commencement of †††††††††††††††† construction works (a, b & d)

H041††††††††††††††††††† Hours of construction work

L001†††††††††††††††††††† Approved landscaping plans

L002†††††††††††††††††††† Landscaping construction

L003†††††††††††††††††††† Landscaping report requirements

L005†††††††††††††††††††† Planting of plant material

L006†††††††††††††††††††† Australian Standard landscaping requirements

Q01F††††††††††††††††††† Notice of commencement and appointment of PCA

Q006††††††††††††††††††† Occupation Certificate

Special Conditions

2.2†††† Directional signage and pavement arrows are to be installed to ensure that all traffic exiting the drive- through lane turn right into the existing car park

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

(a)††††† Line marking and signage

(b)†††† Internal road way (drive thru lane)

(c)††††† Stormwater drainage

 

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

 

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

 

2.5†††† Prior to commencement of works a Traffic Control Plan including details for pedestrian management, shall be prepared in accordance with AS1742.3 ďTraffic Control Devices for Works on RoadsĒ and the Roads and Traffic Authorityís publication ďTraffic Control at WorksitesĒ and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller

 

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

Note:

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

 

2.6†††† 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 Councilís Design and Construction ††† Guidelines and Construction Specification for Civil Works, and ††† relevant conditions of the development consent

 

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

 

2.8†††† All car parking and manoeuvring shall be in accordance with AS ††††††† 2890.1 (2004) and Councilís requirements. One accessible car space shall be located closest to the entrance to the building

 

2.9†††† Provision shall be made for unfixed seating accessible to and usable †† by people with disabilities. Details of the seating arrangements are to ††† be provided prior to the issue of a Construction Certificate

 

2.10†† All external plant and equipment is to be suitably screened with compatible materials and finishes. Details are to accompany the application for Construction Certificate

 

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

 

2.12†† Entrances/exits to the building, walkways and the car park must be †††††††††††† well lit to clearly illuminate these areas:

††††††††† Lighting must be:

a)†† Consistent in order to reduce the contrast between shadows and illuminated areas

b)†† Vandal resistant

c)†† Contained within the property boundary and no light should be projected upwards

2.13†† The following vegetation is to be avoided:

a)†† Vegetation with top to bottom foliage. Low ground cover or high canopied vegetation is to be utilised as this type of planting allows clear lines of sight

b)†† Medium height (under 2 metres) planting as it provides places of concealment

c)†† Vegetation that hinders sightlines to car parks and† walkways,

d)†† Use of pebbles and such like material for garden beds.

2.14† The following is required in order to maintain pedestrian safety on ††††† site:

a)†† Clear signage is to be provided on site to adequately control the entry and exit points and to guide vehicles and pedestrians to appropriate locations throughout the site

b)†† The required site lines to pedestrians or other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials.

†††††††††††††††††††††††††††† 2.15†† Security on the site must include a ďback to baseĒ alarm system and †††††††††††††††††††††††††††††† ††††† installation of CCTV cameras to monitor the entrances and exits of †††††††††††††††††††††††††††††††††††††††††††† the building including the loading dock and the car parking areas.

†††††††††††††††††††††††††††† 2.16†† CCTV signage shall be erected on site outlining that a CCTV system †††††††††††††††††††††††††††††††††††††† is in place 24 hours.

2.17†† Detailed design of the amended access arrangements, including the ††† required triangular concrete island at the Dunheved Road entry ††††††††† point are required to be submitted and approved to Penrith Council prior to † the issue of the Construction Certificate.

 

3.†††† The individuals who made a submission to be advised of Councilís decision and of the consideration given to their concerns.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Proposed Site Plan

1 Page

Appendix

3. View

Landscape Concept Plan

1 Page

Appendix

4. View

Survey Plan

1 Page

Appendix

††


Ordinary Meeting

3 May 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

3 May 2010

Appendix 2 - Proposed Site Plan

 

 

 


Ordinary Meeting

3 May 2010

Appendix 3 - Landscape Concept Plan

 

 

 


Ordinary Meeting

3 May 2010

Appendix 4 - Survey Plan

 

 

 


Ordinary Meeting

3 May 2010

A Green City

 

 

 

7

Development Application DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park ††Applicant:† Westminster Building Co. Pty. Ltd;† Owner:† Preetpal Singh †††

DA10/0235

Compiled by:††††††††††††††† Stephen Krimmer, Environmental Health and 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 on Councilís assets and workplaces

††††††

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

 

Executive Summary

Council is in receipt of a development application for the construction of a single storey dwelling. The application seeks to vary the minimum rear setback requirement of Penrith Local Environmental Plan No. 188. The application is supported by an objection under State Environmental Planning Policy No. 1 to the development standard.

 

The proposed development comprises a single storey dwelling, which is to include four bedrooms, two bathrooms, kitchen, family room, lounge room and double garage. The site is located at the end of a cul-de-sac on Jirramba Cour t. The irregular shaped lot has a narrow street frontage and increases in width towards the rear boundary.

 

The SEPP 1 objection has demonstrated that full compliance with the minimum rear setback requirement is unreasonable and unnecessary due to the ability of the development to meet the objectives of the planning instrument and itís consistency 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 at the end of a cul-de-sac on Jirramba Court. The relatively level site is 450m≤ in area and has a north-south orientation. The site is currently vacant and surrounded by a mixture of single and two storey dwellings. The adjoining property to the west is currently vacant. (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 single storey dwelling including four bedrooms, two bathrooms, kitchen, family room, lounge room and double garage. (see Appendix No. 2)

 

The development application was accompanied by:

 

∑††† An objection under the State Environmental Planning Policy No. 1 to Clause 16 of Councilís Local Environmental Plan 188.

∑††† 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) Ė Any Environmental Planning Instrument

a) State Environmental Planning Policy No 1óDevelopment Standards

An objection to development standards within Penrith LEP 188 has been lodged. The variation is regarding the minimum rear setback requirement as shown in the following table.

 

 

Minimum required under LEP

Proposed

Minimum Rear Setback

4.0m

2.1m

 

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 Minimum Rear Setback

The SEPP 1 objection has been lodged in relation to the provisions of Clause 16 of Penrith Local Environmental Plan 188, and in particular the provisions of Clause 16(1)(a). The relevant clause states:

 

ďThe council must not grant consent to the erection of a dwelling on land in Zone No 2 (Urban Zone) that is shown hatched on the map unless a rear building setback of 4 metres minimum is achieved Ė in the case of a single storey dwellingĒ.††

 

The SEPP 1 objection seeks approval for the construction of dwelling which proposes a minimum rear setback of 2.1m to one corner of the dwelling only. The minimum rear setback specified is 4.0m. This variation proposes a departure of 47.5% from the development standard for the affected portion of the development.

Assessment of SEPP 1 Objection

The applicant submitted a SEPP 1 objection providing justification to the proposed variation to the minimum rear setback. The submission is considered as follows;

 

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 No. 2 (Urban Zone) are as follows:†

 

(a) to provide a flexible framework for the promotion of growth and development in the South Penrith Urban Release Area;

 

(b) to enable the council to provide more detailed guidelines about preferred land use distribution and development issues in a development control plan; and

 

(c) to ensure that development is carried out in a manner which achieves appropriate provision of or funding for major infrastructure works that are a necessary prerequisite for urban development generally in the area.

 

The dwelling achieves these objectives by providing a site responsive development that compliments the surrounding area and minimises impacts on adjoining properties. The irregular shaped lot has a narrow street frontage and increases in width towards the rear boundary. As a result of the narrow street frontage, the dwelling is required to be setback towards the wider area at the rear.

 

The proposed dwelling will not have any adverse affect on the character of the streetscape and is consistent with the adjoining development, particularly in relation to rear setbacks.† Articulation of the front faÁade and the proposed building materials are compatible with those of surrounding dwellings.

 

As a result of the applicants SEPP1 objection justifying the variation to the minimum rear setback, 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 due to the narrow street frontage restricting the ability of the dwelling to be located further forward.

∑††† The encroachment within the 4.0 minimum rear setback requirement relates to the rear corner of the dwelling only and consists of an area of the building of 4.5 square metres. This means the encroachment relates to approximately 2.5% of the entire floor area of the dwelling.

∑††† Due to the configuration of the lots, most surrounding dwellings have similar encroachments within the minimum rear setback.

∑††† The extent of the rear setback encroachment minimal and is consistent with the surrounding area.

∑††† Provision of adequate landscaped area and separation between buildings is achieved by the design.

 

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:

 

ď(ii) the promotion and co-ordination of the orderly and economic use and development of landĒ

 

It is considered that the proposed dwelling and associated rear setback 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 Planningís Circular No. B1 specifies other matters which should be considered by Council in its consideration of SEPP 1 objections including:

 

1) Clause 8 Ė 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 Ė the likelihood of similar applications being made and the cumulative effect of similar approvals.

 

3) Clause 11 Ė dealing with applications to extend non-conforming development by more than 10%.

 

Development applications for dwellings on residential properties in Penrith Local Government Area often result in pressure being placed on the minimum rear setback provisions.† In the instance of 15 Jirramba Court, the proposal involves an irregular shaped site which is surrounded by existing single and two storey dwellings with similar rear setback encroachments.

 

For reasons already discussed, the SEPP 1 objection be supported.

 

b) Sydney Regional Environmental Plan No 20óHawkesbury-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 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 188

Under the terms of Penrith Local Environmental Plan 188 the land is zoned as Zone No 2 (Urban Zone). 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.

 

2.†† Section 79C(1)(a)(iii) Ė Any Development Control Plan

Penrith DCP 2006 Part 4 Section 4.2 Ė ďResidential Single DwellingsĒ is applicable to the site and the following sections are relevant to the assessment 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 dwelling and the hipped roof create an interesting structure which compliments the surrounding dwellings and enhances 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 front and side setbacks comply this clause and are consistent with the surrounding dwellings. The rear setback variation has been addressed above in the SEPP1 assessment.

 

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 proposed landscape area is 52% and exceeds the minimum 40% landscape area requirement.†

 

 

 

 

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 and single storey nature of the dwelling, 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 proposed dwelling has a 9.49m front setback which is consistent with the adjoining dwellings. The garage is required to be stepped forward from the remainder of the dwelling due to the narrow lot frontage. The garage setback also allows the dwelling to be located further away from the rear boundary. Surrounding developments have similar garage setbacks further forward than the remainder of the dwelling.

 

h) Clause 6.4 Energy Efficiency

The development proposal is compliant with the requirements of the BASIX legislation.

 

3.†† Section 79C(1)(b) Ė 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 stormwater easement 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 is 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) Ė The Suitability of the Site for the Development

The site is suitable for the construction of a new residential dwelling. Whilst there is a rear setback 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) Ė 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 Ė Notification and Advertising, the proposed development was notified to nearby and adjoining residents. No submissions were received.

Conclusion

The subject development application seeks approval to construct a single storey dwelling and is supported by a SEPP 1 objection seeking a variation to the minimum rear setback requirement.

 

The SEPP 1 objection is supported as it has been demonstrated that the minimum rear setback 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 minimum rear setback variation and the proposed dwelling are unlikely to have any significant impacts on the amenity of the locality.

 

Whilst the proposed development application requires a variation to the minimum rear setback, 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 DA10/0235 Proposed single storey dwelling at Lot 1143 DP 1107623 (No. 15) Jirramba Court, Glenmore Park† be received.

2.†††† The SEPP 1 objection relating to the minimum rear setback be supported.

3.†††† Development Application 10/0235 seeking consent for the construction of a Single Storey Dwelling at 15 Jirramba Court, Glenmore Park be approved subject to the attached conditions:

Standard Conditions

3.1†††††† A001 - Approved Plans

††††††††† A008 Ė Works to BCA requirements

A009 Ė Residential Works DCP

A046 Ė Obtain Construction Certificate

D001 Ė Sediment and Erosion Control Measures

D007 Ė Filling of Land

D009 Ė Covering Waste Storage area

D010 Ė Waste disposal

E001 Ė BCA compliance

E005 Ė Smoke Alarms

F006 Ė Water Tank

G005 Ė Rainwater Tank - Plumbing

H01F Ė Stamped plans and erection of site notice

H002 -† All forms of construction

H011 Ė Engineering plans and specifications

H013 Ė Further details of building components

H014 Ė Slabs/Footings

H015 Ė Termite protection

H022 Ė Survey

H024 Ė Glass Installation

H030 Ė Roof colours

H036 Ė Rainwater Tank

H037 Ė Safe Supply of Water

H038 Ė Connection of Rainwater

H039 Ė Rainwater Tank Pumps

H041 Ė Hours of work

I003 Ė Road Act Approval

K016 Ė Stormwater

L008 - Tree Preservation Order

P001 Ė Costs

P002 - Fees

Q001 Ė Notice of commencement and appointment of PCA

Q005 - Occupation Certificate

 

 

 

 

 

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map (No. 15) Jirramba Court, Glenmore Park

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix


Ordinary Meeting

3 May 2010

Appendix 1 - Locality Map (No. 15) Jirramba Court, Glenmore Park

 

 

 


Ordinary Meeting

3 May 2010

Appendix 2 - Site Plan

 

 

 


Ordinary Meeting

3 May 2010

A Green City

 

 

 

8

Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (No. 101) Ladbury Avenue, Penrith† Applicant:† Freeburn Surveying;† Owner:† Mr & Mrs Nielsen & Ms I Georgakopoulos †††

DA09/0960

Compiled by:††††††††††††††† Gordon Williams, Environmental Planner

Authorised by:†††††††††††† Paul Lemm, Development Services Manager ††

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

Strategic Direction: †We respond to the impacts of climate change, 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

At the 19 April Ordinary meeting a report for the above development application seeking approval to change the titles of the existing lots from Strata to Torrens Title. The application seeks a variation to the minimum Torrens Title lot size under Penrith Local Environmental Plan No.1998 (Urban Lands) (LEP 1998) was deferred. The application relies on Council allowing a departure from itís minimum lot size for subdivision. An objection under State Environmental Planning Policy No.1 ďDevelopment StandardsĒ (SEPP 1) to this development standard has been made.

 

The report of 19 April 2010 recommended the application be refused based on the assessment of the SEPP No.1 objection, existing lot character, and circumstances of the case. A copy of the report is appended (Appendix No. 3).†

 

Council resolved the following;

 

ďthat the consideration of this matter be deferred and a further report be presented to CouncilĒ.

 

This report responds to this recommendation.

 

The Proposal

The development involves the conversion of the existing Strata Title lots to Torrens Title allotments. The proposed lots will have areas of 487m2 and 600m2 and lot widths of 18.345m and a variable width up to 22.775m. The existing vehicular and pedestrian access from Captains Rd remains unchanged.

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 key issues relevant to the application are identified below:

 

Compliance with the subdivision controls contained in Penrith Local Environmental Plan No.1998 Ė (Urban Lands) (PLEP1998).

The property is zoned 2(a) Residential (Urban and Landscape Protection).

The proposed development is defined as Torrens Title subdivision, which is permissible under this zoning. The subdivision controls set minimum area and width requirements indicated in the Table 1 below:†

 

Table 1 General Subdivision Controls

Zone No

Standard lot

Internal lot

Minimum area

Minimum width

Minimum area

†Minimum width

2(a)

600 m2

15 m

700 m2

20 m

 

The proposed development does not satisfy the minimum lot area requirements as outlined the Table 2 below:

 

 

Table 2 Ė Minimum Area Requirements

Lot No

Required lot area

Proposed lot area

Complies

Variation

1

600 m2

606 m2

yes

Nil

2

600 m2

487 m2

no

19%

 

The planning assessment for the proposal which was presented to Council on 19 April 2010 is outlined in Appendix No. 3.

Section 94 Contributions

Section 94 contributions plans which apply to the land do not apply to this proposed subdivision of existing dwellings. A contribution has already been paid in respect of those dwellings under the relevant plans as a condition of the dual occupancy and strata subdivision consent.

 

Conclusion

Should Council consider that the development application warrants approval then the following matters would need to form part of that decision.

∑††† The State Environmental Planning Policy No.1 objection to the Development Standard for minimum lot area be supported.

∑††† The following Standard Conditions:

A001 Ė Development carried out in accordance with Approved plans

G002 - Section 73 Cert

M008 - Linen Plan

Q008 - Subdivision Certificate

 

 

 

 

RECOMMENDATION

That the information contained in the report on Development Application DA09/0960 for proposed Torrens Titled Subdivision of existing Strata Titled Dual Occupancy at Lot 1 & 2 SP 73768 (No. 101) Ladbury Avenue, Penrith be received.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Proposed Subdivsion Plan

1 Page

Appendix

3. View

Previous Council Report 19 April 2010

10 Pages

Appendix

††


Ordinary Meeting

3 May 2010

Appendix 1 - Locality Plan

 

 

 


Ordinary Meeting

3 May 2010

Appendix 2 - Proposed Subdivsion Plan

 

 

 


Ordinary Meeting

3 May 2010

Appendix 3 - Previous Council Report 19 April 2010

 

 

 











 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


A Liveable City

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

9††††††† Proposed Additional Alcohol Free Zones and Alcohol Free Areas

 



Ordinary Meeting

3 May 2010

A Liveable City

 

 

 

9

Proposed Additional Alcohol Free Zones and Alcohol Free Areas†††

Compiled by:††††††††††††††† Olivia Kidon, Community Safety Co-ordinator

Authorised by:†††††††††††† Yvonne Perkins, Public Domain Amenity and Safety Manager ††

Strategic Objective: Our public spaces encourage safe and healthy communities

Strategic Direction: We feel safe in our neighbourhoods, and proud of our public spaces and local centres

†††††††

 

Executive Summary

At Councilís Ordinary Meeting held on 1 December 2008, Council adopted the recommendation of the Policy Review Committee Meeting of 17 November 2008 to adopt the Alcohol Free Public Spaces Policy as a framework for the implementation and/or suspension of designated areas within the Penrith Local Government Area where the consumption and/or possession of alcohol is prohibited.

 

The Policy details the procedures to be followed for the implementation of Alcohol Free Zones and Alcohol Free Areas in accordance with New South Wales Ministerial Guidelines and legislation under Sections 632 and 644 of the Local Government Act 1993.

 

Since the Alcohol Free Public Spaces Policy was adopted, Council has established a number of Alcohol Free Zones and Alcohol Free Areas across the Penrith Local Government Area for a four (4) year period until 30 June 2013.

 

The Penrith Valley Community Safety Partnership, at its meeting of 31 March 2010, agreed to submit six (6) additional alcohol free public space locations for Councilís consideration and these are detailed further in this report.† The locations were identified based on consultations with Penrith and St Marys Police and key community stakeholders through the Penrith Valley Community Safety Partnership.† The report recommends that Council support the progression of the consultation process for the establishment of additional Alcohol Free Zones and Alcohol Free Areas at each of the locations proposed by this report and that a further report be submitted to Council on completion of the advertising and consultation period.

 

Procedure for establishing Alcohol Free Zones

Council is required to follow the procedures documented in Ministerial guidelines for the establishment of Alcohol Free Zones.

 

The procedures include:

 

1.†† Advertising of the proposed locations and requesting community comment

2.†† Advising holders of liquor licenses adjacent to intended zones

3.†† Advising Local Police Commanders

4.†† Consultation with community groups

5.†† Advising the Anti-Discrimination Board of the intention to establish the zones

6.†† Consideration of any representations made in respect of the establishment of the zones.

 

Following Councilís approval to progress with the above mentioned procedure, advertisements will be placed in local media inviting community comment on the proposed zones. Correspondence will also be sent to local licensed venues adjacent to the proposed zones, community groups, and the Anti-Discrimination Board seeking comment.

 

Alcohol Free Zones are in operation 24 hours per day seven (7) days per week and can be installed for a period of one (1) to four (4) years.

 

Proposed location/s for the establishment of Alcohol Free Zones

 

1. Wainwright Lane, Kingswood from Somerset Street to Bringelly Road being a public road.

 

2.† Civic Centre Car Park, 601 High Street, Penrith being a public Car Park (refer to††††† comments later in this report).

 

Procedure for establishing Alcohol Free Areas

Under the Local Government Act 1993, Alcohol Free Zones can only be established in public roads, car parks and footpaths. In other open public spaces such as parks, reserves and sporting ovals, Council can make it illegal to consume or possess alcohol by erecting a notice in accordance with Section 632 of the Local Government Act Ė Acting Contrary to Notices. These areas are referred to as Alcohol Free Areas.

 

Alcohol Free Areas can be time limited, to prohibit alcohol consumption in a location at certain times of the day.† Previous locations have been recommended to be enforced between the hours of 10:00pm to 8:00am, seven (7) days per week.† Local Police have requested that in some locations, an Alcohol Free Area should be enforced for a 24-hour period to deter alcohol-related antisocial behaviour that may be occurring at all times of the day. Community feedback will also inform the proposed time frames that Alcohol Free Areas will be enforced and signage will clearly denote this information.

 

Whilst legislative requirements differ for the establishment of Alcohol Free Areas and Alcohol Free Zones, under its Alcohol Free Public Spaces Policy, Council has adopted a consistent approach to the establishment of both to ensure appropriate community consultation and to synchronise the review process.

 

Signage will clearly denote the times that the Alcohol Free Areas will be enforced. Subject to Council approval, Alcohol Free Areas will be established at the following locations for the designated timeframes as shown below:

 

Location

Hours of Operation

7 days per week

1.†† The public space and reserve between and surrounding the Werrington County Childrenís Centre and the Namatjira Neighbourhood Centre, bounded by Henry Lawson Avenue and John Batman Avenue and the adjoining Werrington County Public School.†

24 hours

2.†† Woodriff Gardens, Penrith bounded by the railway line, High Street (Great Western Highway) and Castlereagh Road

24 hours (see further comments in this report)

3.† The Civic Arts Space (also known as the Green Space or by young people as ďThe MondoĒ) bounded by the Civic Centre, Westfieldís Plaza and the Joan Sutherland Performing Arts Centre.

24 hours per day for a one year period (see further comments in this report)

4.†† Reserve located off Pendock Road next to Progress Way, Cranebrook.

24 hours

 

These locations have been under review for the past several months. Statistics collected on drug and alcohol paraphernalia collected over the past few months indicates a growing trend of alcohol consumption resulting in antisocial behaviour in these areas.

 

Rationale for inclusion of the Civic Arts Space and Woodriff Gardens†††

Activation of the Green Space

Youth activities facilitated by local Youth Services continue to be conducted as does activation of the space for organised events such as Youth Week activities, Domestic Violence Family Fun Days, Farmers Markets and the Activate 2750 art installation.† As a further action to activate the Civic Arts Space, a sound system has also been installed on the northern side of the JSPAC to allow music to be played into the area.†

 

These initiatives continue to operate successfully, however, the issue of highly visible alcohol consumption and the resulting behaviour is impacting negatively on the communityís perception of this high profile public space.

 

Community Safety Initiatives and Issues

In mid 2009 a CCTV system was installed, also on the northern side of the JSPAC, to cover the Civic Arts Space.† This system is managed by the Public Domain Amenity & Safety Department and will be incorporated into Councilís Public Spaces CCTV Program.† A report will be presented to Council in the near future with a draft Public Spaces Closed Circuit Television (CCTV) Program Code of Practice.††

 

The proposed inclusion of the Civic Arts Space as an Alcohol Free Area has been a result of ongoing concerns regarding alcohol consumption at all times of the day which has led to antisocial behaviour impacting on the general public, and in particular staff and patrons of the Joan Sutherland Performing Arts Centre (JSPAC).† The JSPAC have reported that patronage is becoming affected as a number of parents are relucent to allow children to attend the centre due to the real and perceived antisocial behaviour that is occurring in this space.

 

Antisocial behaviour in this space is persistently raised by Penrith Police at both the Community Safety Precinct Committee meetings, facilitated by Penrith & St Marys Police, and the Penrith Valley Community Safety Partnership, a committee of Council.† It is considered by Penrith Police that a proportion of the behaviour in this space is as a result of alcohol consumption.

 

To date four (4) requests to view CCTV footage has been received from Penrith Police, although these Police requests may or may not have been to investigate incidents that have resulted from alcohol consumption.†

 

Since the commencement of data collection in October 2009, 948 alcohol bottles and cans have been collected in the Civic Arts Space.

 

As there are longer term plans in place for the ongoing development of the Civic Arts Space, it is proposed that this location be included as an Alcohol Free Area and reviewed in 12 months time.†

 

Alcohol consumption is also impacting on the general public and patrons at the Captain Cook Tennis Complex at the nearby Woodriff Gardens.† Since the collection of data in October 2009 at this location, 1501 alcohol bottles and cans have been collected.† Penrith Police advise that there is evidence that there are clear links between the alcohol consumption in the two spaces.

 

As it is proposed that both the Civic Arts Space and Woodriff Gardens be made Alcohol Free Areas, the Civic Centre Car Park located between these two areas and directly adjacent to the Civic Arts Space, should be made an Alcohol Free Zone.

 

As stated in the Alcohol Free Public Spaces Policy, requests may be made for the suspension of an Alcohol Free Zone or Area and groups such as the Farmersí Markets, who may for example have wine tasting stalls in operation from time to time, can apply for an exemption under the policy.† The Farmersí Market, the JSPAC and Westfield Plaza will be contacted during the consultation phase and will be made aware of the exemption conditions of the policy.

 

All locations proposed are to be installed until June 2013 with the exception of the Civic Arts Space that is proposed to be reviewed after a one (1) year period.

 

Community Consultation

As mentioned earlier in this report, Councilís Alcohol Free Public Spaces Policy outlines the steps required for the establishment of Alcohol Free Zones and Alcohol Free Areas in accordance with the New South Wales Ministerial Guidelines and legislation under Section 632 and 644 of the Local Government Act 1993.† Following approval to progress with the consultation process to establish Alcohol Free Zones and Alcohol Free Areas, advertisements will be placed in the local media inviting community comment on the proposed locations. Correspondence will also be sent to local licensed venues adjacent to the proposed locations seeking comments. A further report will be submitted to Council at the end of the consultation period.

 

 

RECOMMENDATION

That:

1.†††† The information contained in the report on Proposed Additional Alcohol Free Zones and Alcohol Free Areas be received.

 

2.†††† Council support the progression of the consultation process for the establishment of additional Alcohol Free Zones and Alcohol Free Areas at each of the locations proposed by this report.

3.†††† A further report be submitted to Council on completion of the advertising and consultation period.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


 

 

A Vibrant City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 3 2010

 

Item†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page

 

1††††††† Presence of the Public††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 1

 

2††††††† Council Properties - Permanent Road Closure of Ballah, Coolibah & Korimul Lanes, South Penrith and Sale of Land to Adjoining Owners

 


Ordinary Meeting

3 May 2010

A Leading City

 

 

 

1††††††† Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed:

                         prejudice the commercial position of the person who supplied it; or

 

                         confer a commercial advantage on a competitor of the Council; or

 

                         reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                 matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)††††††† advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

        a motion, based on the recommendation below, is moved and seconded

        the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

        if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

        if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

A Leading City

 

2††††††† Council Properties - Permanent Road Closure of Ballah, Coolibah & Korimul Lanes, South Penrith and Sale of Land to Adjoining Owners

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.

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK† INTENTIONALLY


 

ATTACHMENTS†††

 

 

Date of Meeting:††††††††† Monday 3 May 2010

Delivery Program:†††††† A Leading City

Issue:††††††††††††††††††††††††††† We demonstrate leadership, and plan responsibly for now and the future

Report Title:††††††††††††††† Cultural Planning Partnership

Attachments:††††††††††††††† Campement Urbain Proposal



Ordinary Meeting

3 May 2010

Attachment 1 - Campement Urbain Proposal