Agenda of Ordinary Meeting

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 24 MAY 2010 AT 7:34PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by 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 (arrived at 7:35 pm), Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 3 May 2010

146 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 3 May 2010 be confirmed, subject to an amendment to Item 8, to now read as follows:

“142 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM:

That:

1. 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.

2. The objection to clause 10 of Penrith LEP1998 not be supported.

3. The 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 of existing strata titled Dual Occupancy be refused for the following reasons:

Reasons of Refusal

1 Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act, 1979 the proposed development does not satisfy the objectives of the 2(a) Residential (Urban and Landscape Protection) and is inconsistent with Part 4 Clause 10 (1) (c) of Penrith Local Environmental Plan No.1998 (Urban Lands)

SEPP 1 objection not supported as it does not justify why compliance with the development standard is unreasonable;

2 Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 the proposal is not in the public interest as the proposal would set a precedent that could result in applications of a similar type in the surrounding area and in other residential zoned areas of the LEP;

3 The proposal does not satisfy the objectives of the zone.

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 Marko Malkoc
Councillor Kevin Crameri OAM.”

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - United Independent Pools Service Providers – Tender as he was a member of the evaluation panel for this tender.

Councillor Jim Aitken OAM declared a Pecuniary Interest in:

Item 17 – Development Application DA09/1038 Staged Subdivision at Part Lot 2 DP 1145043, Lots 11, 12 DP 719600 and Lot 2 DP 864084 (No. 73-155) Caddens Road, Kingswood. Applicant: Landcom; Owner: Land Commission of NSW;

Item 18 – Development Application DA10/0291 Proposed two storey dwelling at Lot 126 DP 1108846 (No. 4) Springdale Street, Claremont Meadows. Applicant: Clarendon Homes (NSW) Pty Ltd; Owner: Mr & Mrs McPherson; and

Item 19 - Development Application DA09/1037 Staged Subdivision at Part Lot 2 DP 1145043 (No. 73-105) Caddens Road, Kingswood Caddens Road Kingswood. Applicant: Landcom; Owner: Landcom,

as he is a landowner in this area.

SUSPENSION OF STANDING ORDERS

147 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:42 pm.

Mr Stacey Fishwick

Item 2 – Planning Proposal – Panthers Penrith Site

Mr Fishwick, a proponent, spoke in support of the planning proposal, outlining the advantages of such a development for the Penrith City area. Mr Fishwick went on to emphasise the proposal’s substantial investment for Penrith in job opportunities and a boost to the local economy. Mr Fishwick also stated that the proposal illustrated the substantial on-going role of the Panthers Club in the local community and added that extensive consultation with local business groups will continue to occur as part of the planning process.

Ms Lynne Docherty

Item – 26 – Facility Development at South Creek Park BMX Track, St Marys

Ms Lynne Docherty, the President of Penrith Panthers BMX Club, spoke in support of the recommendation and emphasised the popularity of this sport in the Penrith area, with riders representing Penrith in Australian Championship events. Ms Docherty stated that the sport helped to inject money into the Penrith area when events are held locally and hosted by the Club. Ms Docherty also expressed the gratitude of the Club for the use of the grounds at South Creek Park as it provides an important local sporting facility for the community.

Procedural Motion

148 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that Ms Docherty be granted an extension of time to complete her address, the time being 7:53 pm.

Ms Docherty went on to note that the poor lighting and lack of facilities at the venue has prevented adequate training as riders need to be able to train under floodlights, noting that the Club has been able to continue some progress in this area, through their fundraising efforts and seeking Council’s support and assistance in planning for the future of the Club.

Councillor Jim Aitken OAM congratulated the Club for raising the amount of money towards the upgrade to their facility.

RESUMPTION OF STANDING ORDERS

149 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM that Standing Orders be resumed, the time being 7:57 pm.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 10 May 2010

150 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 May, 2010 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 10 May 2010

151 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 May, 2010, with the exception of Item 1 – Waterside Estate – Acoustic Buffer, be adopted, with the deletion of the reference to the Councillor Division in Item 3 – Paid Maternity Leave from the Committee’s recommendations to Council, but inclusion of the Councillor Division in the complete minutes of the Committee meeting.

Report and Recommendations of the Policy Review Committee Meeting held on 10 May 2010 – Item 1 – Waterside Estate – Acoustic Barrier

152 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 May, 2010, in relation to Item 1 – Waterside Estate – Acoustic Barrier, be adopted.

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

For	Against
Councillor Kaylene Allison
Councillor Prue Guillaume
Councillor Karen McKeown
Councillor Kath Presdee
Councillor Greg Davies
Councillor John Thain
Councillor Jackie Greenow
Councillor Jim Aitken OAM
Councillor Ross Fowler OAM
Councillor Robert Ardill
Councillor Mark Davies
Councillor Ben Goldfinch
Councillor Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

Procedural Motion

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

That:

1. Consideration of Item 15 - Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa. Applicant: Cityscape Planning and Projects; Owner: Jamison Investments be deferred until after consideration of Committee of the Whole items.

2. Consideration of Item 26 - Facility Development at South Creek Park BMX Track, St Marys be brought forward to be considered as the first item.

DELIVERY PROGRAM REPORTS

Councillor Mark Davies left the meeting, the time being 8:12 pm.

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

A LIVEABLE CITY

26 Facility Development at South Creek Park BMX Track, St Marys

154 RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Marko Malkoc

That:

1. The information contained in the report on Facility Development at South Creek Park BMX Track, St Marys be received.

2. $24,361 be allocated from the Recreation Reserve in 2010-2011 for the purpose of supporting a submission, by Penrith Panthers BMX Club, to NSW Communities Sport and Recreation Facilities Grant Program for the provision of 300 Lux floodlights at South Creek BMX track.

3. Council’s Grants Officer research any other grant opportunities that may be available to provide floodlights at this location and provide a memorandum back.

Councillor Marko Malkoc left the meeting, the time being 8:19 pm.

Councillor Prue Guillaume left the meeting, the time being 8:21 pm.

A Leading City

Councillors Marko Malkoc and Prue Guillaume returned to the meeting, the time being 8:23 pm.

1 2009-2010 Operational Plan - March Quarter Review

Councillor Ross Fowler OAM congratulated the staff for compiling the Report.

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

That:

1. The information contained in the report on 2009-2010 Operational Plan - March Quarter Review be received.

2. The 2009-10 Operational Plan Review as at 31 March 2010, including the revised estimates identified in the recommended budget, be adopted.

2 Planning Proposal - Panthers Penrith Site

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

That:

1. The information contained in the report on Planning Proposal - Panthers Penrith Site be received.

2. In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council sponsor the enclosed Planning Proposal and submit it to the Department of Planning seeking the issue of a Gateway Determination to begin the exhibition and LEP making process.

3. In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council commence the consultation program with State Agencies and the community in accordance with the gateway determination.

4. A further report be presented to Council following the public exhibition of the Planning Proposal advising of the outcomes of the community and State Agency consultation and make further recommendations relating to the adoption of the final Planning Proposal to make the LEP.

5. Should a specific brand outlet centre definition not be permitted by the Department of Planning at any stage during the gateway process the planning proposal is to be amended to include only the 12,500m² maximum retail permissibility on the site.

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 Marko Malkoc
Councillor Kevin Crameri OAM

3 Metropolitan Strategy Review: Sydney Towards 2036

157 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Mark Davies

That:

1. The information contained in the report on Metropolitan Strategy Review: Sydney Towards 2036 be received, with the following amendments to be made to the report:

- Recommendations 4.1 to 4.5 being renumbered 4.1 to 4.6, and Recommendation 4.3 (corrected numbering) to be amended by adding, at the end of the recommendation, the sentence “This should include the appointment of a relevant senior person as a single point of contact within Government to liaise with all relevant external parties and to co-ordinate and advance the development of Penrith Lakes”.

- Recommendation 7.2 to be amended to read “The Metropolitan Plan acknowledge and include measures to respond to the short term difficulties in delivering higher density residential development in outer Western Sydney and the need to provide leadership in delivering an appropriate diversity of housing”.

- Recommendations 10.1 to 10.5 being renumbered 10.1 to 10.6, and Recommendation 10.5 (corrected numbering) to be amended to read “Council propose a Penrith Health and Education Precinct around Nepean Hospital and the UWS Precinct as projects that could benefit from involvement of the proposed MDA in partnership with the Penrith Business Alliance, Council and other key agencies and stakeholders.”

- In relation to Matter 1 in the report ‘Planning for a growing population’, the submission to be forwarded to the State Government acknowledging that the environmental footprint of Sydney’s residents has increased from 6.67 to 7.21 hectares per person in the 5 years to 2004.

2. Council’s Sustainability and Planning Manager be given the delegated authority to finalise and forward Council’s submission on the Metropolitan Strategy Review: Sydney Towards 2036 in terms of the comments outlined in the report, and resolution (1) above, with Council to request that an addendum to this submission be permitted to be forwarded if needed.

3. A copy of Council’s submission be provided to all Councillors upon its completion under separate cover.

4. A copy of Council’s submission be forwarded to all candidates in the Penrith State By-election.

5 2010 Local Government Remuneration Tribunal Determination

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

That:

1. The information contained in the report on 2010 Local Government Remuneration Tribunal Determination be received.

2. The fees payable to the Mayor and Councillors for 2010-2011 be set at the maximum level permitted.

6 Expansion of Membership - Westpool and United Independent Pools

159 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the information contained in the report on Expansion of Membership - Westpool and United Independent Pools be received.

7 Liability and Property Insurance Renewal 2010-11

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

That:

1. The information contained in the report on Liability and Property Insurance Renewal 2010-11 be received.

2. Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $923,000 to Westpool for liability cover.

3. Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $365,000 to United Independent Pools.

8 United Independent Pools Service Providers - Tender

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

That:

1. The information contained in the report on United Independent Pools Service Providers - Tender be received.

2. Willis Group be appointed to United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

3. Claims Management Australasia be appointed as claims manager for United Independent Pools, Westpool and Metro Pool for five years as outlined in the tender specifications.

9 Workers Compensation

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

That:

1. The information contained in the report on Workers Compensation be received.

2. Council endorse the lodgement of the application with WorkCover to be accepted into the Burning Cost Model for 2010-11.

10 Annual GST Compliance Certificate

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

That:

1. The information contained in the report on Annual GST Compliance Certificate be received.

2. The Mayor, Deputy Mayor, General Manager and Group Manager - Finance / Responsible Accounting Officer sign the 2010 GST Compliance Certificate.

12 Electricity Tender

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

That:

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

2. Council enter into contracts for the supply of electricity to major sites and Street Lighting as detailed in the report.

13 2009-10 Borrowing Program

165 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that the information contained in the report on 2009-10 Borrowing Program be received.

14 Summary of Investments & Banking for the period 1 April to 30 April 2010

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

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 April to 30 April 2010 be received.

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2010 to 30 April 2010 be noted and accepted.

3. The graphical investment analysis as at 30 April 2010 be noted.

4 Revised Code of Meeting Practice

Councillor John Thain left the meeting, the time being 8:51 pm.

Councillor John Thain returned to the meeting, the time being 8:52 pm.

167 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Greg Davies

That:

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

2. The draft revised Code of Meeting Practice be adopted.

11 2010 Local Government Association Conference

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

That:

1. The information contained in the report on 2010 Local Government Association Conference be received.

2. Council nominate Councillors Ross Fowler OAM, Marko Malkoc, Ben Goldfinch, Greg Davies, Kaylene Allison, Karen McKeown and Robert Ardill as its voting delegates to attend the 2010 LGA Conference to be held in Albury from 24 – 27 October 2010.

3. Council nominate Councillors Kath Presdee and John Thain as its observers to attend the 2010 LGA Conference.

4. Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2010 LGA Conference.

A Green City

16 Development Application DA09/1231 Proposed two Storey Dwelling and Swimming Pool at Lot 803 DP 1068323 (No. 10-15) Belleview Ave Mt Vernon. Applicant: Joe Molluso; Owner: Joe Molluso DA09/1231

169 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor John Thain

That:

1. The information contained in the report on Development Application DA09/1231 Proposed two Storey Dwelling and Swimming Pool at Lot 803 DP 1068323 (No. 10-15) Belleview Ave Mt Vernon be received.

2. The terms of clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 803, DP 1068323, be varied as follows as it applies to Lot 803 only:

(b) All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan/Site Analysis, Drawing No DA-09 for Project Number 0902.

3. The Common Seal of Penrith City Council be affixed to the necessary documentation.

4. Development Application No DA09/1231 for the construction of a two Storey dwelling and Swimming Pool be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

4.1 A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

F010 – Septic distance from house

H001 – Stamped plans and erection of site notice

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H034 – Bushfire roof sarking

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

I003 – Roads Act approval

J001 – Excavated material removal

J002 – Fencing when water in pool

J004 – Pool fence - residential

J010 – Pool board/sign

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

4.2 The development must be implemented substantially in accordance with the plans drawn by Fortey and Grant Architecture for Project Number 0902, dated 14.11.09 and 19.2.10, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions

4.3 All boundary fences are to be low profile, open style and rural in character.

4.4 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council as follows;

All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan/Site Analysis, Drawing No DA-09 for Project Number 0902.

4.6 Cut and fill operations on the property are only permitted in conjunction with the building works and shall be strictly limited in depth and extent to that detailed on the approved plans and specifications

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment

If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference.

{Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

4.7 All house sewer and plumbing work shall be carried out in accordance with Sydney Water's requirements or the Local Government (Water, Sewerage and Drainage) Regulation 1993

a) Penrith City Council is both the consent authority and certifying authority for the installation of the On Site Sewage Management System (OSSM), otherwise known as a septic tank system. It is your responsibility to contact Council's Building Approvals and Environment Protection Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection:

· All internal and external drainage lines and septic tanks before they are backfilled/covered

· On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system

A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority

i. The septic tank, drainage lines and effluent disposal area shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered

ii. There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves

iii. There shall be available all year round, adequate water supply that is available to the property

4.8 The effluent disposal area shall have a minimum area of 1500m² and shall be prepared in accordance with the “Environmental and Health Protection Guidelines On Site Sewage Management for Single Households” and AS1547:2000

Prior to the issue of the Occupation Certificate and the issue of an operational licence for the OSSM system by Penrith City Council, the effluent disposal area shall be:

· Prepared/ landscaped in accordance with the stamped - approved plans

All stormwater and seepage shall be diverted away from the disposal area by using an agricultural drain or earthen bund and dish drain

4.9 Prior to the commencement of construction works:

a) Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

· A standard flushing toilet connected to a public sewer, or

· If that is not practicable, an accredited sewage management facility approved by the council, or

· Alternatively, any other sewage management facility approved by council

4.10 Prior to the issue of a construction certificate a positive covenant shall be registered over the land to which the development relates. The positive covenant shall be in terms approved Penrith City Council and specify that in the event that the airport at Badgery’s Creek becomes operational, the works identified in the report by Koikas Acoustics Pty Ltd report No. 1825 dated 14th September 2009 will be required to be installed in the development.

Alternatively, the recommended construction details to reduce aircraft noise intrusion to meet indoor design sound levels, as detailed in the report prepared by Koikas Acoustics Pty Ltd report No 1825 and dated 14 September 2009 are to be undertaken during construction. As the recommended construction details are carried out and on completion of the development, a qualified acoustic consultant shall certify that the development has been constructed to meet the indoor design sound levels in accordance with the approved acoustic report.

4.11 Roof and surface water shall be disposed of in accordance with the approved drainage design. Overflow from the existing in-ground rainwater tank is to be disposed of via a level spreader system.

4.12 The existing trees to the perimeter of the property shall be retained and duly protected during the construction of the development. Tree protection measures shall be installed before any works can commence on site including the clearing of site vegetation

4.13 A landscape plan is to be submitted for the development indicating the provision of additional landscaping to the entrance, driveway and tennis court areas. The plan is to be prepared by a suitably qualified person and is to be submitted for approval prior to the issue of a construction certificate for the development.

4.14 An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation of the dwelling. The commitments listed in the BASIX Certificate are to be completed prior to the issue of the Occupation Certificate

The Certificate shall not be issued if any conditions of this consent, but not the conditions relating to the operation of the development, are outstanding. This includes submitting the following documentation to the Principal Certifying Authority:

a) Written documentation or Compliance Certificate from Penrith City Council certifying to the satisfactory completion of works approved under the Roads Act 1993

b) Written documentation or certification attesting to the satisfactory installation of, and the Licence to Operate the on site sewage management system issued by Penrith City Council

c) Certification from a qualified acoustic consultant certifying that the development has been constructed in accordance with the approved acoustic report/to meet the indoor design sound levels in accordance with the approved acoustic report

4.15 A copy of the Occupation Certificate and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. In the event that a Compliance Certificate was issued by the Principal Certifying Authority certifying compliance that all conditions of the development consent required to be met has in fact been met as well as any documentation stated above, shall be submitted to Penrith City Council if Council is not the Principal Certifying Authority.

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 Marko Malkoc
Councillor Kevin Crameri OAM

Having previously declared a Pecuniary Interest in Items 17, 18 and 19, Councillor Jim Aitken OAM left the meeting, the time being 8:57 pm.

17 Development Application DA09/1038 Staged Subdivision at Part Lot 2 DP 1145043, Lots 11, 12 DP 719600 and Lot 2 DP 864084 (No. 73-155) Caddens Road, Kingswood. Applicant: Landcom; Owner: Land Commission of NSW DA09/1038

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

That:

1. The information contained in the report on Development Application DA09/1038 Staged Subdivision at Part Lot 2 DP 1145043, Lots 11, 12 DP 719600 and Lot 2 DP 864084 (No. 73-155) Caddens Road, Kingswood be received.

2. Development Application DA09/1038 Staged Subdivision at Part Lot 2 DP 1145043, Lots 11, 12 DP 719600 and Lot 2 DP 864084 (No. 73-155) Caddens Road, Kingswood, be determined under delegation upon receipt of the certification from the Director-General stating satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure.

3. Those making submissions are notified of the 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 Prue Guillaume
Councillor Karen McKeown
Councillor Kath Presdee
Councillor Greg Davies
Councillor John Thain
Councillor Jackie Greenow
Councillor Ross Fowler OAM
Councillor Robert Ardill
Councillor Mark Davies
Councillor Ben Goldfinch
Councillor Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

18 Development Application DA10/0291 Proposed two storey dwelling at Lot 126 DP 1108846 (No. 4) Springdale Street, Claremont Meadows. Applicant: Clarendon Homes (NSW) Pty Ltd; Owner: Mr & Mrs McPherson DA10/0291

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

That:

1. The information contained in the report on Development Application DA10/0291 Proposed two storey dwelling at Lot 126 DP 1108846 (No. 4) Springdale Street, Claremont Meadows be received.

2. The SEPP 1 objection relating to the minimum rear setback be supported.

3. Development Application 10/0291seeking consent for the construction of a two Storey Dwelling at 4 Springdale Street, Claremont Meadows be approved subject to the attached conditions:

Standard Conditions

3.1 A001 - Approved Plans

A008 – Works to BCA requirements

A009 – Residential Works DCP

A046 – Obtain Construction Certificate

D001 – Sediment and Erosion Control Measures

D007 – Filling of Land

D009 – Covering Waste Storage area

D010 – Waste disposal

E001 – BCA compliance

E005 – Smoke Alarms

F006 – Water Tank

G005 – Rainwater Tank - Plumbing

H01F – Stamped plans and erection of site notice

H002 - All forms of construction

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slabs/Footings

H015 – Termite protection

H022 – Survey

H024 – Glass Installation

H030 – Roof colours

H034 – Bushfire-Proof Sarking

H036 – Rainwater Tank

H037 – Safe Supply of Water

H038 – Connection of Rainwater

H039 – Rainwater Tank Pumps

H041 – Hours of work

I003 – Road Act Approval

K016 – Stormwater

L008 - Tree Preservation Order

P001 – Costs

P002 - Fees

Q001 – Notice of commencement and appointment of PCA

Q005 - Occupation Certificate

Special Conditions

3.2 HSpecial – Alfresco Area Privacy Screen

LSpecial - Street Tree Removal and Replacement

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

For	Against
Councillor Kaylene Allison
Councillor Prue Guillaume
Councillor Karen McKeown
Councillor Kath Presdee
Councillor Greg Davies
Councillor John Thain
Councillor Jackie Greenow
Councillor Ross Fowler OAM
Councillor Robert Ardill
Councillor Mark Davies
Councillor Ben Goldfinch
Councillor Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

19 Development Application DA09/1037 Staged Subdivision at Part Lot 2 DP 1145043 (No. 73-105) Caddens Road, Kingswood Caddens Road Kingswood. Applicant: Landcom; Owner: Landcom DA09/1037

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

That:

1. The information contained in the report on Development Application DA09/1037 Staged Subdivision at Part Lot 2 DP 1145043 (No. 73-105) Caddens Road, Kingswood Caddens Road Kingswood be received.

2. Development Application DA09/1037 Staged Subdivision at Part Lot 2 DP 1145043 (No. 73-105) Caddens Road, Kingswood Caddens Road Kingswood, be determined under delegation upon receipt of the certification from the Director-General stating satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure.

3. Those making submissions are notified of the 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 Prue Guillaume
Councillor Karen McKeown
Councillor Kath Presdee
Councillor Greg Davies
Councillor John Thain
Councillor Jackie Greenow
Councillor Ross Fowler OAM
Councillor Robert Ardill
Councillor Mark Davies
Councillor Ben Goldfinch
Councillor Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

Councillor Jim Aitken OAM returned to the meeting, the time being 9:00 pm.

20 Development Application DA09/0317 Torrens title Subdivision of one into four lots at Lot 2 DP 551446 (No. 31) Tadmore Road, Cranebrook. Applicant: Freeburn Surveying; Owner: Steven Edward and Rita Jean Thompson DA09/0317

173 RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Kath Presdee

That:

1. The information contained in the report on Development Application DA09/0317 Torrens title subdivision of 1 lot into 4 lots at Lot 2 DP 551446 (No.31) Tadmore Road, Cranebrook be received.

2. The State Environmental Planning Policy No.1 objection to the minimum lot size development standard under Clause 12 of LEP201 be supported.

3. The application be referred to the Department of Planning for concurrence in accordance with Clause 7 of SEPP No1.

4. Upon receipt of concurrence from the Department of Planning, Development Application DA 09/0317 at Lot 2 DP 551446 (No. 31) Tadmore Road, Cranebrook for Torrens title subdivision of 1 lot into 4 lots be determined under delegated authority.

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 Marko Malkoc
Councillor Kevin Crameri OAM

A Liveable City

21 Development Contributions Plans Review

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

That:

1. The information contained in the report on Development Contributions Plans Review be received.

2. The amended Penrith City District Open Space Facilities Contributions Plan provided under separate cover to this report be adopted by Council.

3. The adopted amended Penrith City District Open Space Contributions Plan, the independently prepared Business Plan for Open Space and District Cultural Facilities Review and the amended Contributions Plans for Werrington Enterprise Living and Learning (WELL) Precinct, Glenmore Park Stage 2 (provided under separate cover) and Claremont Meadows Stage 2, adopted by Council on 17 August 2009 be forwarded to the Minister and he be requested to make the Plans without their re-exhibition.

4. Given the recent plan reviews undertaken by Council, the Minister be requested to exempt the Contribution Plans listed in Recommendation 3 above from the review of all Contributions Plans required to be undertaken.

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 Marko Malkoc
Councillor Kevin Crameri OAM

23 Request to Rename Victoria Street Community Cottage

175 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Request to Rename Victoria Street Community Cottage be received.

2. The Victoria Street Community Cottage be renamed Werrington Community Cottage.

25 Penrith Valley Sports Hub - Redevelopment of Penrith Park and Howell Oval

176 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Penrith Valley Sports Hub - Redevelopment of Penrith Park and Howell Oval be received.

2. The overall direction and scope of work for the remaining projects in the Penrith Stadium Master Plan be reviewed and prioritised and be subject of a further report to Council when finalised.

22 Dunheved Business Park - Update on Revitalisation Investigations and Initiatives and North Dunheved Link Road

177 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robert Ardill that the information contained in the report on Dunheved Business Park - Update on Revitalisation Investigations and Initiatives and North Dunheved Link Road be received.

24 2010 Graffiti Forum - Brisbane Queensland

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

That:

1. The information contained in the report on 2010 Graffiti Forum - Brisbane Queensland be received.

2. Council agree to the attendance of Councillor Aitken OAM at the 2010 Graffiti Forum in Brisbane Queensland from 7 June to 9 June 2010.

QUESTIONS WITHOUT NOTICE

QWN 1 Traffic Issues - Sunflower Drive, Claremont Meadows

Councillor Tanya Davies requested that the issues of speeding and poor view at the bend adjacent to 78 Sunflower Drive, Claremont Meadows, heading south, be referred to the Local Traffic Committee for investigation in view of several accidents which have occurred in the vicinity, and the Local Traffic Committee be requested to view the damage to the tree in front of 88 Sunflower Drive, Claremont Meadows.

QWN 2 Access Issue – Phillip Street, St Marys

Councillor Tanya Davies requested a memo reply concerning access issues on the corner of Phillip and Lethbridge Streets, St Marys, as a resident parks over the footpath area and mobility scooters cannot gain access to the footpath and have to travel on the road in this vicinity.

QWN 3 Telstra Service Pits - Brisbane Street, St Marys

Councillor Tanya Davies requested a memo reply concerning the damaged Telstra service pits between 125 & 141 Brisbane Street, St Marys.

QWN 4 Durham Street, Oxley Park

Councillor Tanya Davies requested that the Local Traffic Committee further investigate the condition of the Durham Street bridge as there is a significant gap in the expansion joint.

QWN 5 Provision of Guardrail in Melbourne Street, Oxley Park

Councillor Tanya Davies requested that the Local Traffic Committee investigate the possibility of installing a guardrail or other barrier in front of houses in the vicinity of 39 Melbourne Street, Oxley Park as there have been several vehicle accidents in the locality.

QWN 6 M4 Off Ramp - Russell Street, Emu Plains

Councillor John Thain requested a memo reply to all Councillors outlining what representations have been made to the RTA regarding measures to alleviate evening traffic congestion at the M4 off ramp at Russell Street, Emu Plains.

QWN 7 Bus Shelter - Cooper Street, Penrith

Councillor John Thain requested a memo reply concerning the provision of a bus shelter in Cooper Street, Penrith.

QWN 8 James Erskine Public School, Erskine Park

Councillor Greg Davies requested that an amount of $3,600 be allocated from East Ward voted works to extend the existing pathway and kerb and guttering at James Erskine Public School in the drop off zone.

179 RESOLVED on the MOTION of Councillor Greg Davies 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.

180 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that an amount of $3,600 be allocated from East Ward voted works to extend the existing pathway and kerb and guttering at James Erskine Public School in the drop off zone.

QWN 9 Peppertree Oval, Erskine Park

Councillor Greg Davies requested a report to Council on the substantial works required to repair Peppertree Oval at Erskine Park.

Councillor Greg Davies left the meeting, the time being 9:18 pm.

QWN 10 Cambridge Park Junior Rugby League Football Club – Construction of Dug-out at Allsopp and Patterson Ovals, Cambridge Park

Councillor Kath Presdee requested that an amount of $1,200 be allocated from North Ward voted works to construct a dug-out at the home ground of the Cambridge Park Junior Rugby League Football Club at Allsopp and Patterson Ovals, Cambridge Pa rk.

181 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain that the matter be brought forward and dealt with as an urgent matter.

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

182 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain that an amount of $1,200 be allocated from North Ward voted works to construct a dug-out at the home ground of the Cambridge Park Junior Rugby League Football Club at Allsopp and Patterson Ovals, Cambridge Park.

QWN 11 Outstanding Money resulting from Construction of Dug-out for Cambridge Park Junior Rugby League Football Club

Councillor Kath Presdee requested a report to Council to deal with any outstanding money resulting from the construction of a dug-out for Cambridge Park Junior Rugby League Football Club.

QWN 12 Request for Leave of Absence

Councillor Karen McKeown requested Leave of Absence from 3 June 2010 to 8 June 2010 inclusive.

183 RESOLVED on the MOTION of Councillor Karen McKeown 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.

184 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Karen McKeown from 3 June 2010 to 8 June 2010 inclusive.

Councillor Greg Davies returned to the meeting, the time being 9:20 pm.

QWN 13 Delfin Lend Lease land known as the Pan Handle

Councillor Kevin Crameri OAM requested a report to Council on the opportunities for conservation of the Delfin Lend Lease land known as the Pan Handle land around Xavier College and the nature corridor in Llandilo.

QWN 14 Berkshire Park Oval

Councillor Kevin Crameri OAM requested a report to Council outlining ways of preventing cars from driving on Berkshire Park Oval, causing substantial damage to the Oval.

Committee of the Whole

185 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:22 pm.

Councillor Tanya Davies left the meeting, the time being 9:22 pm.

Councillor Ben Goldfinch left the meeting, the time being 9:22 pm, and did not return.

1 Presence of the Public

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

A Leading City

2 Commercial Matter - Council Property - Permanent Laneway Closure of Driver Lane, Wallacia and Sale of Land to Adjoining Owner

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.

3 Commercial Matter - 2009-10 Borrowing Program

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

4 Legal Matter - Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa. Applicant: Cityscape Planning and Projects; Owner: Jamison Investments DA09/0737

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

The meeting resumed at 9:30 pm and the General Manager reported that the Committee of the Whole met at 9:22 pm on 24 May 2010, the following being present

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

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

CONFIDENTIAL BUSINESS

2 Commercial Matter - Council Property - Permanent Laneway Closure of Driver Lane, Wallacia and Sale of Land to Adjoining Owner

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

CW2 That:

1. The information contained in the report on Commercial Matter - Council Property - Permanent Laneway Closure of Driver Lane, Wallacia and Sale of Land to Adjoining Owner be received.

2. Council approve the sale price for this land to Mr and Mrs Light as outlined in the report.

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

Councillor Tanya Davies returned to the meeting, the time being 9:24 pm.

3 Commercial Matter - 2009-10 Borrowing Program

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

CW3 That:

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

2. Council endorse the amended 2009-10 Borrowing Program as detailed in this report on 10 or 15 year repayment schedules.

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

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

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

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

CW4 That the information contained in the report on Legal Matter - Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa be received.

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

For	Against
Councillor 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 Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

ADOPTION OF Committee of the Whole

186 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

15 Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa. Applicant: Cityscape Planning and Projects; Owner: Jamison Investments

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

That:

1. The information contained in the report on Development Application DA09/0737 for a 56 Place Child Care Centre at Lots 12-13 & 43-45 DP 2721, (No. 341a) Littlefields Road, Mulgoa be received.

2. DA09/0737 for a 56 place child care centre be refused for the following reasons:

2.1 The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matters prescribed by Sydney Regional Environmental Plan No.13 – Mulgoa Valley:

1. Clause 3(2)(c)& (e)& (f) & (g)- Aims, objectives etc

2. Clause 8 (3)- Zone Objectives, particularly objectives (a), (b),(c) & (e)

3. Clause 12- Development consent criteria (c), (g), (k), (m), (o), (p), (q)& (r)

2.2 The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matters prescribed by Sydney Regional Environmental Plan No.20 – Hawkesbury Nepean River:

1. Clause 6(4)(b)- ensuring stormwater runoff does not significantly change.

2.3 The application is not satisfactory for the purpose of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal is identified as a prohibited use in the E3 Environmental Management zone under the provisions of Draft Penrith Local Environmental Plan 2008.

2.4 The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as the proposed site is not suitable for the development.

2.5 The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest as it would set an undesirable precedent and undermine the current and future planning outcomes in the locality.

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 Tanya Davies
Councillor Marko Malkoc
Councillor Kevin Crameri OAM

There being no further business the Chairperson declared the meeting closed the time being 9:37 pm.

*Ordinary Meeting*	*21 June 2010*
*A Liveable City*

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 7 June, 2010

PRESENT

David Drozd – A/Road Network Services Engineer (Chairperson), Adam Wilkinson – Engineering Services Manager, Pat Sheehy AM Emeritus Mayor – Representative for the Member for Londonderry, Senior Constable Mark Elliott – St Marys Police, The Mayor – Councillor Kevin Crameri OAM, Daniel Davidson – Road Safety Co‑ordinator, Ruth Byrnes – Senior Traffic Officer, Wayne Mitchell – Group Manager City Infrastructure, Alyce Kliese – Trainee Engineer.

IN ATTENDANCE

Ron Watson – Westbus, Steven Purvis – Ranger.

APOLOGIES

Councillor Karen McKeown – Representative for the Member for Mulgoa, Councillor Jackie Greenow, Michael Alderton – Road Network Services Engineer, Sergeant Natasha Crawford – Penrith Police, David Lance – Roads and Traffic Authority.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 10 May 2010

The minutes of the Local Traffic Committee Meeting of 10 May 2010 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

A Liveable City

1 Forbes Street, Emu Plains - Proposed Provision of 'No Stopping' Zone

RECOMMENDED

That:

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

2. The Committee note the results of resident consultation with no alteration to the Committee’s recommendations of 1 February 2010.

2 High Street, Penrith - Proposed Changes to Existing Raised Thresholds

RECOMMENDED

That:

1. The information contained in the report on High Street, Penrith - Proposed Changes to Existing Raised Thresholds be received.

2. The two existing raised thresholds in High Street, between Station Street and Woodriff Street, Penrith be linemarked and signposted as full-time pedestrian crossings.

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

3 Greendale Road, Wallacia - Reduction of Speed Limits

RECOMMENDED

That:

1. The information contained in the report on Greendale Road, Wallacia - Reduction of Speed Limits be received.

2. The Committee note the information.

4 Christie Street, Miller Street, Racecourse Road, South Penrith - Proposed Installation of "Give Way" Treatments

RECOMMENDED

That:

1. The information contained in the report on Christie Street, Miller Street, Racecourse Road, South Penrith - Proposed Installation of "Give Way" Treatments be received.

2. “Give Way” signage be installed on Miller Street at the intersection of Christie Street, and a holding line be positioned at the apex of the left-hand kerb for the northbound approaches in Miller Street.

3. “Give Way” signage be installed on Christie Street at the intersection of Racecourse Road, and a holding line be positioned for the westbound approaches in Christie Street.

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

5 St Marys Community Fun Run/Walk - Sunday, 24 October 2010

RECOMMENDED

That:

1. The information contained in the report on St Marys Community Fun Run/Walk - Sunday, 24 October 2010 be received.

2. The route of the event, as proposed, be approved.

3. The organisers submit a Traffic Management Plan to Council and to the Police for approval a minimum of six weeks prior to the event.

4. The organisers be requested to advertise the proposed Fun Run/Walk in the local papers at least one week prior to the event.

5. All participants be requested to utilise the footpath areas along the route and not encroach onto road carriageways.

6. The organisers contact Westbus regarding the weekend bus services.

7. The organisers obtain separate Police approval.

8. The organisers follow Police directions.

9. The organisers provide marshals where required.

10. The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

11. The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

12. All documentation required by these conditions be submitted to Council for information purposes at least one week prior to the event.

13. The event organisers be advised of Council’s resolution.

6 St Marys Spring Festival Fun Run/Walk - Sunday, 26 September 2010

RECOMMENDED

That:

1. The information contained in the report on St Marys Spring Festival Fun Run - Sunday, 26 September 2010 be received.

2. The route of the event, as proposed, be approved.

3. The organisers submit a Traffic Management Plan to Council and to the Police for approval a minimum of six weeks prior to the event being held.

4. The organisers be requested to advertise the proposed Fun Run/Walk in the local papers at least one week prior to the event.

5. All participants be requested to utilise the footpath areas along the route and not encroach onto the road carriageways.

6. The organisers contact Westbus regarding the weekend bus services.

7. The organisers obtain separate Police approval.

8. The organisers follow Police directions.

9. The organisers provide marshals where required.

10. The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

11. The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

12. The organisers provide documentary evidence that the event fully complies with the NSW Occupational Health and Safety Act 2000 and the NSW Occupational Health and Safety Regulations 2001.

13. All documentation required by these conditions be submitted to Council for information purposes at least one week prior to the event.

14. The event organisers be advised of Council’s resolution.

7 Carinda Drive, South Penrith - Proposed Provision of Double-Barrier Linemarking

RECOMMENDED

That:

1. The information contained in the report on Carinda Drive, South Penrith - Proposed Provision of Double-Barrier Linemarking be received.

2. Double-barrier linemarking be provided on both approaches to the bend, in Carinda Drive and Stevenson Street, South Penrith for a minimum total distance of 50m.

3. Curve warning signs (W1-3A) be installed on both approaches to the subject bend.

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

8 Pages Road & Putland Street, St Marys - Request for Provision of Pedestrian Crossing Facility

RECOMMENDED

That:

1. The information contained in the report on Pages Road & Putland Street, St Marys - Request for Provision of Pedestrian Crossing Facility be received.

2. Council’s Design Co-ordinator be requested to prepare a design plan of a pedestrian refuge facility on the southern leg of the Pages Road and Putland Street roundabout at St Marys, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

3. The queuing effects on the nearby Saddington Street/Pages Road intersection be addressed as part of the design plan finalisation and endorsement report to the Local Traffic Committee.

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

9 Station Street, Between Union Lane & Union Road, Penrith - Penrith CBD 40km/h Pedestrian Activity Area Scheme Review

RECOMMENDED

That:

1. The information contained in the report on Station Street, Between Union Lane & Union Road, Penrith - Penrith CBD 40km/h Pedestrian Activity Area Scheme Review be received.

2. A full-time marked pedestrian crossing with appropriate linemarking and signage be installed at the existing Station Street pedestrian refuge between Union Lane and Union Road, Penrith.

3. A 16m ‘Bus Zone’ be provided on the western side of Station Street, Penrith 10m north of the Union Lane intersection, subject to consultation with affected businesses.

4. Councillor Crameri OAM be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 Lockwood Road, Erskine Business Park – Request for Provision of “No Stopping” Restrictions (Raised Council)

A request has been received for the provision of “No Stopping” restrictions in Lockwood Road, Erskine Business Park, for a distance of 30m, opposite the main entrance to the Rondo premises, known as 57-99 Lockwood Road, Erskine Park. The complex caters for semi-trailer and B-Double vehicles which require large swept paths to enter and exit the complex.

Lockwood Road has a 13m carriageway within the Erskine Business Park. The applicant has submitted swept paths to illustrate the turning of vehicles in the street and these demonstrate that vehicles should be restricted from parking in that area of the street, opposite the main driveway.

RECOMMENDED

That:

1. “No Stopping” restrictions be provided for a distance of 30m, opposite the main entrance to the premises at 57-99 Lockwood Road, Erskine Park.

2. The applicant be advised of Council’s resolution and be requested to fund the installation of the signage.

GB 2 School Part-Time Parking & Part-Time ‘Bus Zone’ Signage – Blanket Approval in Penrith LGA (Raised Council)

Throughout the Penrith LGA there are school locations with part-time school parking and ‘Bus Zone’ signage that displays times and/or wording inconsistent with School Zone hours/days. It is proposed to provide blanket approval to standardise part-time school signage to be consistent with 40km/h School Zone times and days.

The proposal is for all inconsistent part-time school parking and ‘Bus Zone’ signage to be changed as follows:

· Part-time school ‘No Parking’ & ‘No Stopping’ signs to display times and wording as ‘8.00am-9.30am & 2.30pm-4.00pm School Days’

· Part-time school ‘Bus Zone’ signage to display times and wording as ‘8.00am-9.30am & 2.30pm-4.00pm School Days’

LTC Comment

The Westbus representative indicated that some schools require bus zones for times that differ from the standard RTA hours (ie, 8.30am to 3.30pm), due to school sports and excursion pick up/drop off. The Westbus representative was advised that all affected schools would be consulted with in regard to any proposed changes to signage prior to replacement.

RECOMMENDED

That:

1. Council’s Road Network Services Engineer be given delegated authority to replace inconsistent part-time school ‘No Parking’, ‘No Stopping’ and ‘Bus Zone’ signs to show ‘8.00am-9.30am & 2.30pm-4.00pm School Days’.

2. All affected schools be advised of the proposed changes to signage prior to replacement.

GB 3 St Marys Railway Station Carpark – Temporary Removal of Three Accessible/Disabled Parking Spaces (Raised Council)

Council’s A/Road Network Services Engineer advised that the Transport Infrastructure Development Corporation (TIDC) is currently carrying out works on St Marys Railway Station Commuter Carpark. As part of these works, the TIDC will be temporarily reducing the number of existing disabled parking spaces from six to three (which would still meet the current guidelines) in order to take possession of land required for the completion of the multi-deck carpark. The reduction of disabled parking spaces will be in place until completion of the carpark (approximately six months) at which point there will be a greater provision of disabled parking spaces.

RECOMMENDED that the existing six disabled parking spaces at St Marys Railway Station Carpark be temporarily replaced with three disabled parking spaces until works are completed on the multi-deck carpark.

GB 4 Seventh Avenue, Llandilo – Request for Provision of Parking Restrictions (Raised Mayor Crameri OAM)

The Mayor requested the provision of parking restrictions in Seventh Avenue, Llandilo, near the shops and Post Office. It was advised that some drivers are parking all day in front of the shops while attending school functions at Llandilo Primary School, which leaves no parking availability for customers wanting to access the shops and Post Office.

RECOMMENDED that the matter be investigated and the results be brought back to the Local Traffic Committee for consideration.

GB 5 Tadmore Road, Cranebrook – Speeding Vehicles (Raised Mayor Crameri OAM)

The Mayor raised concerns about vehicles speeding in Tadmore Road, Cranebrook.

RECOMMENDED that the matter be investigated and the results be brought back to the Local Traffic Committee for consideration.

There being no further business the Chairperson declared the meeting closed, the time being 10:00am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 June, 2010 be adopted.

*Ordinary Meeting*	*21 June 2010*
*A Leading City*

Adoption of the Community Strategic Plan 2031, the Delivery Program 2009-2013, the Operational Plan 2010-2011, the Resource Strategy and the Community Engagement Strategy

Compiled by: Ken Lim, Management Planning Co-ordinator

Geraldine Brown, Budget Accountant

Tanya Jackson, Strategic Planning Co-ordinator

Allegra Zakis, Strategic Planning Co-ordinator

Authorised by: Barry Husking, Director

Strategic Objective: We have a say in our future

Strategic Direction: Our communities engage through processes that are structured, consistent, clear and inclusive

Executive Summary

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

· The draft documents were endorsed by Council for public exhibition on 3 May 2010 and subsequently exhibited between 10 May 2010 and 8 June 2010. A number of engagement strategies, detailed in this report, were used to ensure that our communities had opportunities to comment.

· A total of 20 formal submissions were received (8 written/emails directly to Council and 12 received from the public meeting held 31 May).

· The submissions are fully addressed in Attachment 1, however generally the changes required to the plans are minor, as most issues are addressed through existing tasks and strategic directions.

· There was one major change to the budget during the exhibition period with the decision to pursue the Burning Cost Workers Compensation Model for 2010-11. Council’s acceptance to this scheme has now been confirmed and will result in substantial savings which are recommended to be transferred to Reserve. Other smaller adjustments have resulted in a revised budget deficit of $18,327.

· This report seeks Council’s adoption of the draft Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy and Community Engagement Strategy.

Background

As part of the NSW Government’s commitment to a strong and sustainable local government system, the Local Government Amendment (Planning and Reporting) Act 2009 was assented to 1 October 2009. As a result all NSW Councils were to adopt and implement a new Integrated Planning and Reporting framework. As Penrith is a nominated ‘Group 1’ Council, the new Community Strategic Plan and its accompanying documents must be adopted by 30 June 2010.

Penrith City Council’s proactive contribution to and involvement in the formulation of the practice guidelines allowed Council to respond to and comply with the legislation for a truly integrated planning and reporting framework ahead of many other councils.

Development of Council’s key planning documents covering the next 20 years, the next 4 years and the next financial year (2010-2011) has involved an extensive program of community consultation. Council’s draft Community Engagement Strategy, which was exhibited, details the extent of that consultation process starting as far back as June 2008. At that time, a Community Aspirational Survey assisted in setting a research base for the development of the current draft Community Strategic Plan and the draft Delivery Program 2009-2013.

The comprehensive program of engagement has also included workshops and briefings with Councillors, key stakeholders and partners through the ‘City Futures’ Forum and with staff through a targeted survey. Over the last 8 months development of Council’s Resource Strategy, the Community Engagement Strategy and the Operational Plan 2010-2011 also took place. 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.

Council endorsed the public exhibition of the five documents (the draft Community Strategic Plan 2031, the draft Delivery Program 2009-2013, the draft Operational Plan 2010-2011, the draft Resource Strategy 2010-2020 and Community Engagement Strategy 2010) at its Ordinary Meeting of 3 May 2010.

Public Exhibition

The public exhibition process encouraged community feedback on all five documents. A number of engagement strategies were used to ensure that our communities had maximum opportunities to comment on the draft plans during the exhibition. These approaches were supported by advertisements and information in the Council News section of all local papers, and included:

· An online forum, which was run throughout the exhibition period by ‘Bang the Table’, providing the opportunity for informal comment and discussion

· Copies of all the documents available on the internet, through www.ourfuture.com.au which could be accessed directly, or through Council’s main website

· Copies of the documents in the libraries and main Council offices, and the general stores at Mulgoa, Wallacia, Luddenham, Llandilo, Londonderry and Castlereagh

· A public meeting held on 31 May, and presentations made at local events and forums (the Werrington Festival and Community Networking Breakfast). Over 600 key organisations, individuals and community groups were provided information on how to access the documents and inviting them to the public meeting.

Comments on each of these approaches are provided below.

Council Website

As part of an overall approach to improve engagement www.ourfuture.com.au was set up and advertised as a specific engagement website. This site acted as both the key site for downloading documents and as the landing site for the online discussion forums. The website was well used, with 445 visits over the exhibition period, and a total of 2,513 page views. Combined with the ‘Bang the Table’ (BTT) website, 416 documents were downloaded.

The www.ourfuture.com.au website will continue to be available for future engagement processes over the next 12 months. It is intended that this webpage will remain part of Council’s ongoing engagement processes with our communities, as it can be adapted to suit individual consultation activities.

Bang the Table – On-Line Discussion Forum

As part of the community engagement process an on-line discussion forum was available to the public. This is the third year that this approach has been used. On the BTT forum website, internet visitors were given the opportunity to join in on a discussion thread or comment on, view or download the draft documents.

This online forum continues to be a valuable means of generating awareness of, and comment on, exhibitions and the importance of specific issues. This approach provides opportunities for members of our communities (including young people and those not easily reached through more traditional forms of consultation) to engage more extensively with the process and Council’s planning for the City. Council Officers monitored the site and had the opportunity to clarify some statements of fact. The ‘Bang the Table’ website was available throughout the exhibition period.

The value of this form of consultation has been reinforced by the above results. An important outcome of BTT for Council has been the dissemination of information about Council documents and feedback processes.

Exhibition points

Copies of all the documents, as well as summary flyers, were set up in various locations around the City, including the Civic Centres at Penrith and St Marys, all libraries and the general stores in Mulgoa, Wallacia, Llandilo, Luddenham, Londonderry and Castlereagh. It is difficult to gauge how much these exhibition points were used, however it is considered that they remain an important part of the overall engagement approaches, particularly for people who do not have access to, or who are not comfortable using, computers.

Meetings and Events

A public meeting was held on 31 May 2010 to present the documents, and provide people with opportunities to comment or raise questions. The meeting was attended by 21 members of the public, representing local organisations and businesses, government departments and as individuals. The public meeting included a presentation by the Mayor, Councillor Kevin Crameri OAM, on the Vision for Penrith, followed by explanations of the documents on exhibition, and the submission process. A more detailed presentation of the proposed program and the budget for 2010-2011 was also provided. The public were invited to ask questions or raise issues at the presentation session, or directly with Council officers at a forum held immediately after the formal presentations.

In addition to this meeting, Council officers attended the Werrington Festival in May, providing a contact point for festival goers to look at the documents, collect information and ask questions. Council officers also presented to the Community Networking Breakfast on 3 June, again providing information on the documents and answering questions. Both of these consultation opportunities were highly successful, with over 50 community sector representatives attending the Breakfast and over 30 local residents making enquiries at the Werrington Festival.

Submissions Received

A total of 20 submissions were received in response to the exhibition. Twelve of these were made at the public meeting with the rest received through mail and email. As would be expected, given the documents on exhibition, the submissions covered a range of issues and varied significantly in detail. Some related to specific issues or requests for information, while others were broader in nature, relating to the overall themes of transport, jobs and economic development.

A full list of submissions and responses is provided in Attachment 1. For ease of discussion, the submissions have been divided into those which related to the Community Strategic Plan and Delivery Program, and those which related to the Operational Plan. No submissions directly raised concerns with the Resource Strategy or Community Engagement Strategy.

Submissions to the Community Strategic Plan and Delivery Program

The key issues raised in relation to the Community Strategic Plan and Delivery Program, and associated comments, are set out below.

Affordable housing initiatives

Representatives from the Department of Housingeinquired about Council’s actions to increase affordable housing in the City.

Comment:

Council is not a housing provider, thus direct contribution to affordable housing in the City is difficult. The need for affordable housing is recognised under the ‘opportunities’ theme in the Community Strategic Plan, and is being addressed through a number of initiatives including the redevelopment of the Glossop St Precinct in St Marys, the provision of a diversity of lots and housing types in release areas, and a cash contribution for affordable housing in Glenmore Park Stage 2 and the Caddens Release areas. Council’s submission to the review of the Metro Strategy also suggests that the State Government could pursue broader affordable housing opportunities within established suburbs (not just within 400m of transport nodes).

It is not considered that any changes need to be made to the Community Strategic Plan in response to this submission.

Economic development and investment in the City

A number of submissions raised issues relating to economic development, both generally and in relation to specific sites at Blaikie Road and Penrith Panthers.

Comment:

Council is involved in a number of initiatives to encourage economic growth in the City, and has established the Penrith Business Alliance (PBA) with the principal objective of attracting new investment and employment opportunities. Council has also indicated that it would support working in partnership to establish a Health and Wellbeing Precinct around Nepean Hospital and examine future renewal opportunities around UWS.

The State Government seeks to support Penrith as a Regional City by entering into Regional City Partnerships and the preparation of a Regional Transport Strategy. These initiatives seek to deliver infrastructure improvements and identify necessary funding arrangements. Council is pursuing the development of several key sites for residential, mixed use and employment opportunities that complement land uses in the City Centre and contribute to development and employment. In addition, on 24 May 2010 Council endorsed a planning proposal for the Panthers site which will now proceed to the Department of Planning as part of the new gateway process for draft LEPs. This proposal will represent a significant investment and create both construction and ongoing employment opportunities.

Economic development and investment in the City is addressed in both the ‘opportunities’ and ‘liveable’ themes in the Community Strategic Plan. It is not considered that any changes are necessary to better address these issues.

Return of library services to South Penrith

Two submissions requested that Council investigate the re-instatement of library services in South Penrith.

Comment:

The South Penrith Library in the Southlands Shopping Centre closed in December 2008 to enable a major refurbishment of the entire shopping centre. Due to a combination of factors it was not feasible to reopen this library, so Council is currently investigating options for alternate library locations elsewhere in the South Ward of Penrith City. This report is due to be presented to Council shortly.

Given the above, the South Penrith Library staff were re-allocated to extend the opening hours at the St Clair Library branch. This has been a major success, with both visitor and borrowing figures rising substantially, including usage of in-house online services, such as access to internet and word processing PCs.

Council is currently reviewing and planning the future directions of its library services, taking into account future residential growth and redevelopment and the rapid development in technology. This longer term planning will include community input and comment, as well as the development of a sustainable long term financial model.

Transport issues, including public transport and bike paths

A number of submissions raised issues relating to transport, particularly public transport and bike paths. Submissions tended to focus on access to the City’s Centres, either through additional rail services, alternate public transport (including trams) and provision of more bike paths and associated facilities in the Centres.

Comment:

Transport is a key issue for the City, which falls primarily within the ‘liveable’ City theme, but is also relevant for ‘a green City’ and ‘a City of opportunities’.

Transport, particularly improving public transport services, is one of the key lobby issues Council pursues with the State Government. Council has made detailed submissions in relation to rail service times and improvements. NSW Transport is developing a State Transport Plan for Penrith Regional City, to which Council will respond.

With regard to parking and access to Penrith City Centre, a number of responses are underway. Parking in the City Centre presents a challenge to both provide sufficient all day parking for employees within the Centre and short term parking for shoppers and visitors. Council has introduced limited parking durations to accommodate the shoppers and visitors, and discourage all day parking by employees. There is a need, however, to provide all day parking for employees. Council is currently investigating other options including managing current parking spaces to operate more efficiently, connecting future all day parking to a shuttle bus, and allocating the top decks of future parking stations for all day use as these are the least attractive for shoppers and visitors. The study into the potential for a shuttle bus service to operate around the City Centre is underway, and will be submitted to the Ministry for Transport for consideration when finalised.

In relation to bike paths, Councillors were recently briefed on the outcomes of a detailed audit of the bike path plan, which was conducted by a specialist consultant in bike paths. The results of the audit will be used to develop a new bike path/shared path strategy which is targeted to go on public exhibition later this year. The document identifies key routes with links to the regional bike paths and the City’s Centres.

The State Government has released a NSW Bike Path Plan that includes elements that links Colyton to Emu Plains (Great Western Highway) and links Jamison Road to Regentville. A key focus for future projects is the development of new bike paths, both on-road and off-road. New cycleways have also been built recently in Jamison Park and Cranebrook.

Protection of the Mulgoa Valley

Council received two submissions from the Mulgoa Progress Association, one at the public meeting and one in writing. These submissions raised similar issues surrounding the importance of protecting the unique character and heritage of the Mulgoa Valley.

Comment:

The Mulgoa Valley is a key element of the City’s heritage. The Valley was included in the Penrith Local Environmental Plan (LEP) 2010 (Stage 1) which was presented to Council late last year. The planning provisions included in this draft LEP have reflected, as closely as possible, the current planning controls in Sydney Regional Environmental Plan No 13, which recognise the unique values of the Mulgoa Valley. Finalising this draft LEP is an identified task in the draft Delivery Program.

Minor Changes to the Community Strategic Plan and Delivery Program

There have also been a number of changes suggested by Council staff, which correct errors, clarify the intent or timing of tasks and activities, or simplify the information. These include changes to diagrams, pictures, and the wording of tasks and activities.

None of these changes affect the intent or key messages of the documents. Details of the proposed changes, other than changes to formatting, photographs or typographical errors, are included in Attachment 2.

Submissions to the draft Operational Plan 2010-2011

A summary of the matters raised in each public submission on the draft Operational Plan has been provided in Attachment 1. Managers were able to provide responses, based on Council’s current policy positions, to most of the matters raised in the public forums or in writing.

Based upon the public exhibition, a number of changes are proposed to both Part A and Part B of the draft Operational Plan 2010-2011.

Changes to Part A ~ Introduction, Service Plans and Special Initiatives

During the exhibition period the opportunity has been taken to review the Introduction, Service Plans and Special Initiatives sections of the Operational Plan for changes such as:

· correcting formatting, removing duplications and typographical errors

· updating Service Accountabilities and Service Levels

· updating budget figures

· adding projects and tasks where relevant

· amending the wording of tasks.

A detailed list of all proposed changes to the Part A ~ Introduction, Service Plans and Special Initiatives are provided in Attachment 3.

Changes to Part A: Budget Adjustments

The financial estimates included in the exhibited draft Operational Plan were based on the best information that was available at the time. During the exhibition period, further budget adjustments have been required as a result of Council decisions or as additional information has emerged.

The exhibited draft Operational Plan 2010-2011 presented a deficit of $113,041. During the exhibition period a small number of adjustments have been made to reduce this deficit to $18,327, if Council chooses to adopt all the proposed recommendations contained in this report.

At the Ordinary Meeting on 24 May 2010, Council adopted the 2009-2010 March Quarterly Review which included revotes totalling $5.6million for capital works and $1.1million for operational works. The Operational Plan 2010-2011 now incorporate these revotes.

There have only been a small number of resolutions made by Council during the exhibition period that have had a financial impact on the 2010-11 budget position. In particular, resolutions by Council on 24 May 2010 adopted a recommendation for acceptance of an electricity tender and advice received regarding annual insurance premiums that have resulted in savings to Council of $44,000 and $84,700 respectively for 2010-11. The final 2010-11 budget will also be adjusted to reflect the outcomes of any Council resolutions that may be made tonight.

Provided in Attachment 4 is a complete list of all budget changes that have occurred during the exhibition period. The more significant changes to the budget not previously reported to Council are detailed below with their impact on the budget surplus, with the impacts – favourable (F) or unfavourable (U) – indicated where applicable.

· Workers Compensation (No Effect)

The results of an investigation into alternative models for workers compensation insurance were reported to Council on 24 May 2010. At this meeting Council endorsed a move towards the alternative Burning Cost Model and the lodging of an application with WorkCover for acceptance of Council into the Burning Cost Model for the 2010-2011 year. Advice was received 9 June 2010 that Council’s application has been successful. Further details of the Burning Cost Model are provided in another report to tonight’s meeting.

The draft 2010-2011 Budget included an allocation for Worker Compensation Insurance of $1.5m (excluding entities). Estimates of the deposit premium under the Burning Cost Model for 2010-11, with a $350,000 claims cap, have been indicatively provided at approximately $670,000 (excluding entities). It was advised in the 24 May 2010 Council report that the implementation of this Model will require an additional staff member in Injury Management and additional costs associated with an annual $3.5m Bank Guarantee (with each guarantee being maintained for 5 years at a total estimated cost of $52,500 across the 5 years). After these additional costs are taken into consideration it is estimated that net savings of up to $700,000 could be realised by Council in 2010-2011. It is proposed that these projected savings be placed in the Workers Compensation Reserve to provide funding for any adjustments to the premium in years 2-5. These adjustments to workers compensation and associated costs have now been included in the Operational Plan 2010-2011.

· Insurance Premiums ($84,700 F)

Original premium estimates for 2010-11 had resulted in increases over the 2009-10 premiums, with $149,070 of this being funded by a transfer from the Insurance Reserve. Positive claim management trends, a change in contribution calculations, and the recent expansion of Westpool, have resulted in a reduction against the original estimates for Council’s insurance premiums, as reported to Council on 24 May 2010. The 2010-11 annual premiums included in the draft Operational Plan have now been revised, with a reduction of $90,000 for PL/PI and $128,670 for ISR to reflect the agreed annual premiums. In addition, a further savings of $15,100 for motor vehicle/plant insurance has also been achieved. These reductions total $233,770 and it is proposed that $149,070 of these savings be transferred back to the Insurance Reserve and the remaining $84,700 be returned to General Revenue.

· Transfer to Insurance Reserve ($150,000 F)

As part of the Draft budget it was considered prudent to provide an allocation of $150,000 to the Insurance Reserve to ensure that capacity was present to respond to any emerging issues and continue the development of an alternative model for Worker Compensation insurance. Given the outcomes achieved for Workers Compensation and the return of $149,700 through reduced insurance premiums it is considered that this transfer is no longer required in 2010-11 and is recommended that it be returned to General Revenue.

· Electricity ($44,000 F)

The contract for the supply of Electricity for Major Sites and Unmetered Street Lighting, currently held by Energy Australia through a NSW Department of Commerce contract will expire on 30 June 2010. As reported to Council on 24 May 2010, an opportunity existed for Council to enter into a group tender with other NSW Local Councils administered by Local Government Procurement (LGP). The LGP tender ran concurrently with the Department of Commerce tender and provided an additional option for Council. Through this combined approach to the market it was estimated that savings of 8-10% could be achieved compared to the 2009-10 contract rates for the supply of electricity. These anticipated savings were factored into the exhibited draft Operational Plan 2010-2011.

As reported to Council, the result of both tender processes concluded that the LGP tender provided the lowest cost. On this basis Council approved the recommendation to enter into a three year contract with Energy Australia for the supply of electricity for major sites and Origin Energy for Street Lighting. The additional estimated savings of $44,000 under the LGP contract for 2010-2011 financial year has now been included in the Operational Plan 2010-2011.

· Employee Costs ($154,300 U)

During the exhibition period a number of reviews have continued into departmental structures, salary levels, and refinement of the staff establishment in order to reflect the programs and services to be provided in 2010-11. The net effect of these reviews has been the allocation of an additional $154,300 to employee costs from General Revenue.

· Visitor Information Centre - Lease Agreement ($22,500 U)

A new 5 year lease agreement, to commence 1 October 2010, has recently been signed for the Visitors Information Centre at Panthers. The lease is $22,500 in 2010-11 and then $30,000 p.a. for 2011-12 onwards. Previously the annual operating expenses of the Visitor Information Centre had not included a lease expense as it was operating under an agreement with Appalachian Log Homes, who supplied the kit home originally at a discounted price of $80,000 and with whom ownership of the building remains. The 2010-11 budget has now been adjusted to include this annual lease expense. Additional information on the arrangements will be provided to Council prior to the commencement of the lease.

· Domestic Waste (No Effect)

Two elements of the Domestic Waste Services budget have been revised to reflect current information.

The first variation is for the strategically focussed Communications Plan that is currently being implemented to enhance our communities’ understanding and awareness of Council’s three-bin domestic waste collection system. A separate project for the Waste Education Communication Program has been created, with a budget of $153,000 funded from an allocation from the Waste Education Budget ($60,000) and the Domestic Waste Reserve ($93,000). This new project will provide staffing and resources for an enhanced education and communications program in 2010-11.

The second variation to the Domestic Waste Budget relates to increased tipping charges that have now been advised. Waste Services NSW (WSN) recently advised that the Alternative Waste Technologies (AWT) facility proposed in the draft agreement with Council was not expected to be implemented until well into the future. Based on this, WSN will be withdrawing their reduced waste disposal charge, with the increased price applying from 1st July 2010. The impact of this is an increase of $453,114 in Tipping Contractor charges, which is offset by an increase in the transfer from the Waste Reserve. In addition, the 2010-11 disposal charge for cleanup disposal at SITA’s waste disposal facility has now been advised and represents an increase of $4,500 to be funded from the Waste Reserve.

· CUA Stadium Stage 3 - Grant Income (No Effect)

The draft 2010-11 budget included the expected receipt of $4.5 million in relation to the CUA Stadium Stage 3 project, as $500,000 was expected in 2009-10 with total grant income over the 2 years of $5 million. During the exhibition period, grant income of $1 million has been received requiring the balance of the grant due for 2010-11 to be reduced by the additional $500,000 received this year.

· Property Development Model (No Effect)

The Property Development Model has continued to be updated during the exhibition period to incorporate the most current information with all changes offset by transfers to or from the Property Development Reserve. Variations proposed to the Property Development Model for 2010-11 are as follows:

§ Capital Expenditure – net increase of $184,000

The capital costs associated with the acquisition, development, and disposal of properties for 2010-11 has been reviewed, with an overall increase of $184,000 being allocated to such activities as consultancies, refurbishment, survey and other development costs.

§ Operational Expenditure – net decrease of $67,000

Predicted operating expenditure on a number of rental properties has been reviewed to reflect tenancy agreements and the period of occupation during 2010-11 resulting in a decrease of $67,000.

§ Income – increase $149,659

A small number of laneway closures are proposed, and rental income has been reviewed and increased to reflect current rental agreements with tenants.

· Regional and Local Community Infrastructure Program -Round 2 (No Effect)

As reported to Council on 9 November 2009 and 1 February 2010, Council has been allocated $721,000 under the Regional and Local Community Infrastructure Program (RLCIP) Round 2. This funding will be expended on the approved projects over 2009-10 and 2010-11, with $499,460 representing the balance to be included in the Operational Plan 2010-2011. Projects funded under this program include parks play equipment and Children’s Services playground upgrades, Great River Walk deck and steps, and accessible amenities for University of the Third Age.

· Website Upgrade (No Effect)

The draft Operational Plan 2010-2011 included the allocation of $350,000 for the development of an enhanced web presence for Council, which had been identified during the budget development process as the highest priority project. A ‘needs analysis’, which has now been completed, details the planned implementation process and ongoing resource requirements.

The $350,000 provided in 2010-11 covers the estimated once-off capital component and one year of salaries (2 full-time staff) for this project. Recruitment for the two staff required for both the implementation stage and the ongoing maintenance of the new website is expected to be completed by mid-August 2010. It is recommended that an amount of $212,600 p.a. be included from 2011-12 onwards to provide for the ongoing costs of two full-time positions and software maintenance costs associated with this project.

· Other

Other minor variations totalling $7,186 (unfavourable) produce a revised deficit of $18,327 for 2010-2011.

Changes to Part A: Rating Information

The following table replaces the table on Page 55 of the draft Operational Plan 2010-2011 due to a correction required to the amount shown in the “Ad Valorem Rate in $” column for the Farmland category.

Category	Ad Valorem Rate in $	Minimum Rate	Anticipated Revenue	Increase	Number of Properties
Category	Ad Valorem Rate in $	$	$’000s	$	Number of Properties
Residential	0.0037792	714.20	55,365	19.10	60,988
Farmland	0.0018896	714.20	1,066	19.10	402
Business	0.0065738	913.80	14,510	24.40	2,640
Business - Penrith CBD Rate	0.007523	913.80	2,436	24.40	413
Business - St Marys Town Centre Rate	0.0101458	913.80	682	24.40	235
		Total	74,059		64,618

The Making of Rates and Charges

This matter is addressed in a separate report in tonight’s business paper.

Changes to Part B ~ Fees and Charges

A number of changes to the draft 2010-2011 Fees and Charges have been proposed during the exhibition period. Provided in Attachment 5 is a complete list of all proposed changes to the draft Operational Plan 2010-2011 Part B ~ Fees and Charges. As the majority of these changes relate to Domestic Waste, more detail is provided below.

Changes to the Domestic Waste component of the 2010-11 Fees and Charges are mainly amendments to words, and a reduction in the charge for an extra recycling service. In detail, these include:

· References to the ‘small’ residual 140L fortnightly service have been changed to ‘standard’

· References to the ‘medium’ residual 240L fortnightly service have been changed to ‘large’

· References to the ‘standard’ residual 240L Non-Urban Residential & Multi-Unit Dwelling (2 bin service) section service have been changed to ‘large’

· References to the ‘small’ residual 140L Non-Urban Residential & Multi-Unit Dwelling (2 bin service) section service have been changed to ‘standard’

· Extra recycling services, as reported to the Waste Services Committee have been reduced from $38.70 per service per year to $28 per service per year.

An error has also been corrected in the Non-Urban Residential & Multi-Unit Dwelling (2 bin service) section of the Fees and Charges document where charges for between 45 and 80 services had been incorrectly shown.

Next Steps

As Penrith City Council is nominated as a ‘Group 1’ Council under the Integrated Planning and Reporting legislation, the Community Strategic Plan and associated documents must be adopted by 30 June 2010. The next step is therefore to seek Council’s adoption of the draft documents (with changes outlined in this report and the associated attachments) and formally notify the Division of Local Government that this has occurred. The finalised and adopted documents will be placed on Council’s website.

In addition, all who made submissions to the exhibition will be notified in writing of the adoption of the documents, and provided with responses to the issues raised in their submissions. Summaries that highlight the key messages from the strategic documents will also be prepared, to support ongoing engagement and information processes. These will be developed over the next month.

Conclusion

The public exhibition of the draft Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy and Community Engagement Strategy has been able to capture and present comments and feedback received from our communities and stakeholders during an extensive engagement program. The documents provide a clear commitment to a shared vision for our City’s future and provide a solid foundation that will be built upon in subsequent reviews.

After consideration of the submissions made in respect of these strategic planning documents and the budget variations proposed to the draft Operational Plan for 2010-2011, Council’s consideration and adoption of the documents is requested, to comply with the legislative requirements under the Local Government Act 1993, Local Government (General) Regulation 2005 and Local Government Amendment (Planning and Reporting) Act 2009.

RECOMMENDATION

That:

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

2. The proposed changes to the exhibited draft documents detailed in the report, including variations to the draft budget, Fees and Charges, staff establishment and tasks, be endorsed

3. In accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Local Government Amendment (Planning and Reporting) Act 2009, Council adopt the Community Strategic Plan 2031, Delivery Program 2009-2013, Operational Plan 2010-2011 (including the Fees and Charges), Resource Strategy and Community Engagement Strategy, incorporating amendments detailed in this report

4. Council approve for expenditure the budget as detailed in the Operational Plan 2010-2011, and on that basis formally vote these funds for the 2010-2011 financial year

5. Individuals and organisations who made submissions on Council’s draft Community Strategic Plan 2031, Delivery Program 2009-2013, Operational Plan 2010-2011, Resource Strategy and Community Engagement Strategy be thanked for their comments, provided with a response, and advised of Council’s decision.

6. Those projects in the Operational Plan 2009-2010, which were approved by Council in the March Quarter Review 2010 to be carried forward, are included in the adopted Operational Plan 2010-2011.

ATTACHMENTS/APPENDICES

1.	Public Submissions Received	23 Pages	Attachment
2.	Proposed changes to the Strategic Plan and Delivery Program	5 Pages	Attachment
3.	Proposed changes to the 2010-2011 Operational Plan	5 Pages	Attachment
4.	Proposed changes to the 2010-2011 Budget	1 Page	Attachment
5.	Proposed changes to the 2010-2011 Fees and Charges	4 Pages	Attachment

*Ordinary Meeting*	*21 June 2010*
*A Leading City*

Changes by the State Government to Development Contributions

Compiled by: Paul Grimson, Sustainability & Planning Manager

Authorised by: Ruth Goldsmith, Group Manager - Leadership

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

Strategic Direction: We build our future on the principles of sustainability, and understand and respond to the effects of climate change on our region

Executive Summary

§ On 4 June 2010, the Premier of NSW announced changes to the Development Contribution planning process which are outlined in this report. Two of the key changes include:

o capping development contributions at $20,000 per new lot/dwelling; and

o enabling council’s to seek exemption from the $20,000 cap from IPART, but being required to meet those additional costs from its own current revenue base or by means of Special Rate Variations.

§ Penrith City has 5 contributions plans which, when applied separately or in conjunction with other plans, will be impacted by the announced changes. Future contributions plans (for areas such as Penrith Lakes and North Penrith Urban Area) will also be affected.

§ The financial and physical implications for Council of the changes include:

o the serious financial shortfall in delivering the facilities described in the contribution plans (estimated at approximately $268 million)

o the financial impact of levying additional rates on existing ratepayers to fund the plans’ financial shortfalls (estimated at approximately 39% increase on an average rate levy of $941 per lot)

o the extremely significant rate increase for new residents in the urban release areas, if the plan shortfalls were to be met solely within those areas, would be between $1,000 and $2,400 (108% – 250%) every year for 20 years, depending on the release area

o the reduction in essential infrastructure and facilities if the Contributions Plan were not to exceed the $20,000 cap;

§ The changes create situations of inequity for residents as detailed in this report;

§ Whilst the changes are effective immediately, information on the required processes is not yet available and it is anticipated that approval from IPART for special rates would take some months to process. This leaves Council’s current Development Contributions plans, in part, without a guaranteed source of funding;

§ This report explains the recent changes brought in by the NSW Government to the Development Contribution planning process, and identifies the implications for Council’s effective financial and physical planning for the City.

Background

Section 94 of the Environmental Planning and Assessment (EP&A) Act empowers councils to impose contributions (in cash or in kind) upon new development in order to provide public facilities and services required by that new development.

The announcement by the Premier on 4 June 2010 that development contributions are to be capped at $20,000 has its genesis in May 2009. At that time, the then Minister for Planning announced her intentions to enhance housing affordability by introducing a ‘threshold’ on development contributions of $20,000 per new dwelling/lot. On 31 May 2009, the Minister directed Council to undertake a review of its contribution plans which exceeded $20,000 per lot (including independent review of open space related aspects of Contribution Plans). The Ministerial Direction provided guidelines for actioning savings and requested a progress report from Council by the end of August 2009.

On 17 August 2009 Council resolved to amend the contributions plans for the WELL Precinct and Glenmore Park Stage 2. In the case of Glenmore Park Stage 2, reductions ranged from $3,873 to $4,566. The WELL Precinct Contribution Plan had scope for reducing contributions by between $3,700 and $9,975. These reductions were considered feasible without compromising the fundamental facilities required for the area. The Claremont Meadows Stage 2 Plan was considered to be so advanced in development staging that to reduce contributions would adversely affect delivery of infrastructure to the required standard and be inequitable for owners / developers who had paid earlier.

In considering the report Council resolved, amongst other things, that:

1. A progress report be submitted to the Minister, advising of the outcomes of the review of the WELL Contributions Plan, Glenmore Park Stage 2 Contributions Plan and the Claremont Meadows Stage 2 Contributions Plan.

2. The Minister be requested to make new Contributions Plans for WELL and Glenmore Park Stage 2 including the revised amounts detailed in this report.

3. The Minister be requested to remake Claremont Meadows Stage 2 Contributions Plan in accordance with the plan adopted by Council on 13 December 2004.

In a progress report dated 26 August, 2009 the Minister was advised of Council’s resolution and our proposed approach to the Review. The Minister advised Council of her acceptance of these aspects of the review. Staff then commenced those aspects of the review relating to an independent assessment of the Open Space and District Facilities Contributions Plan, looking at the apportionment of the facilities contained in that plan and the nexus with new development. The review included examination of the open space elements of locality-specific existing plans applying to new urban release areas. The original Ministerial direction also required preparation of a business plan for those facilities considered to be ‘additional community infrastructure’.

An independent review of and business plan for open space related plans, complemented by staff analysis, was completed in March 2010. On 24 May 2010 Council resolved to amend the District Plan by removing 5 facilities. This amendment had the effect of reducing contributions by 53%. The Council-adopted the amended District Plan and the independent business plan prepared by the consultant which were forwarded to the Department of Planning (DoP) on 26 May 2010. To date Council has not received a formal response from the DoP, although at a meeting with senior DoP officers Council staff were verbally advised by DoP officers that they were impressed with the thoroughness of the review and Council’s commitment to addressing the Ministerial requirements. It should be noted that the consultant cost for carrying out the independent review was approximately $50,000 and staff costs involved in the exercise are likely to have been $70,000 – $100,000. At this stage, the status of these reviewed plans is not clear.

Current Issue

On 4 June 2010 the NSW Premier announced:

§ A hard cap of $20,000 per residential lot/new dwelling for council-imposed s94 contributions on new development. This cap took effect on 7 June 2010;

§ Retaining rate pegging, but setting the rate through an Independent Pricing and Regulatory Tribunal (IPART) determination. To do so, IPART will develop a Local Government Cost Index;

§ Tasking IPART to determine special rate variation requests by councils, including variations for essential and community infrastructure;

§ As well as the $20,000 cap, councils will need to limit contributions in their Section 94 plans to essential infrastructure that is necessary for the development to happen, such as land for open space and community facilities, road works and stormwater management;

§ All contributions plans – above or below the $20,000 cap are to be reviewed by IPART;

§ While Councils will be able to apply to IPART for an increase in Contributions Plans above the $20,000 fixed cap, it would then be the council that is required to fund the difference above the $20,000 cap.

As stated, the object of the initiatives was “to increase housing affordability and kick start housing construction”. Linked to the Premier’s announcement – also on 4 June 2010 – the Minister for Planning issued a Direction which formalised that announcement in a legal context and revoked the previous s94 contributions planning-related Direction (to which Penrith City Council was subject). The Direction regarding contribution levy capping does not apply to:

§ section 94 contribution conditions imposed before 7 June 2010;

§ voluntary planning agreements;

§ monetary contributions required under section 94A (fixed percentage levies) of the EP&A Act;

§ section 94F (affordable housing contributions) of the EP&A Act;

§ conditions requiring the dedication of land free of cost (section 94(1)(a)); and

§ the ability of councils to accept the dedication of land or provision of material public benefits in lieu of monetary contributions (section 94(5)).

This advice was provided to councils in a 2 page Circular and a 1½ page Direction. Guidelines to assist councils regarding the new provisions are described in the Circular as being released in “coming months”.

The Premier also announced that $5 million will be made available to fast-track local development contribution plans which will then be assessed by the Independent Pricing and Regulatory Tribunal. Along with the contribution planning changes, announcements were made regarding accelerating local planning approvals, achieving comprehensive housing supply and achieving enhanced DoP coordination of planning, however these initiatives are not the subject of this report.

Implications of the changes

Penrith City has 5 plans which, when applied to new residential development separately or in conjunction will exceed $20,000 per new lot or dwelling. The subject plans are:

§ Glenmore Park Stage 2

§ Claremont Meadows Stage 2

§ Werrington Enterprise Living and Learning (WELL) Precinct

§ Cultural Facilities

§ District Open Space Facilities (the District Plan).

In addition to the above plans, future contributions plans for several other development sectors (such as North Penrith Urban Area) will ultimately be affected by the State government announcements and thus have been included in our analysis.

In summary, the changes to the contribution planning process announced on 4 June 2010 will have serious and adverse impacts on the prudent financial and physical management of Penrith city, its assets and its community. The financial and physical implications for Council of the changes include:

§ The serious financial shortfalls that would arise in delivering facilities described in the contribution plans if the cap is applied and these costs were to be borne from general revenue (estimated at approximately $268 million);

§ The additional rates levies that would be borne by existing ratepayers if the plans’ financial shortfalls were to be spread across existing residents (estimated at approximately a 39% increase on an average rate levy of $941 per lot – measured across 20 years);

§ The extremely significant rate increase that would need to be borne by specific urban release areas if the plan shortfalls were to be met within those release areas would be between $1,000 and $2,400 (108% – 250%) every year for 20 years, depending on the release area;

§ The need to slash the range of facilities incorporated in the Contributions Plan to ensure it did not exceed the $20,000 cap resulting in significantly under-serviced and unsupported new communities in respect of essential infrastructure;

§ The potential need to redirect how infrastructure is delivered by placing the onus on property developers through conditions of consent;

§ The possible need for much greater detail in Council’s Integrated Planning process to demonstrate to IPART Council efficiently manages its finances and delivers appropriate infrastructure.

These matters are explored in further detail below.

Financial impact on general revenue

The imposition of a $20,000 cap on the five existing plans, together with plans for another two urban release areas in the City, would result in a funding shortfall of approximately $268 million.

In the simplest analysis, if Council remained committed to delivering all these facilities without burdening existing or new ratepayers or reallocating some of the physical infrastructure works through conditions in development consent, this would mean the cost of the works would have to be borne by general revenue. Since there are insufficient funds in general revenue to cover this amount, the result would be a loan paid back over a specified period. The impact of meeting the interest bill on a loan at this amount would be an additional annual budgetary burden that Council could not sustain.

Financial burden on existing ratepayers

The changes to the contribution planning process include scope for increases in rate levies to be sought by Council via IPART in order to meet the contribution costs which exceed $20,000 per lot.

Assuming Council resolved to seek an increase and it was granted by IPART, if the financial shortfalls in the 5 affected plans and two emerging plans were to be met by existing ratepayers the impact on an average rate payment (currently $941) would be an increase of 39% or $367 per lot/household (measured across 20 years).

This raises the issue of equity for existing ratepayers, who it might be argued have already paid the contributions for facilities in their suburb and are now being asked to ‘subsidise’ new urban areas. In some of the older established areas, residents would be asked to pay for facilities in new urban areas where they don’t have those facilities (eg footpaths) themselves.

Financial burden on Urban Release Area ratepayers

If Council resolved to meet the plans’ financial shortfall on a ‘user-pays’ basis and apply the costs to landowners within the new urban release areas, the impact on these landowners’ rates would be very significant and probably unmanageable. In the case of new residents in the WELL Precinct, their annual rates levy would be an additional 252% over the average rate levy of $941 (that is, $3,314 per annum, as against $941 per annum, measured across 20 years). In the case of Glenmore Park Stage 2, the additional plan specific rates burden would be an additional 108% over the average residential rates (that is, $1,959 as distinct from $941), measured across 20 years.

Reducing the range of facilities

Another response to the announcements would be to reduce the range of infrastructure and facilities covered in the plan(s). This response would involve Council determining which essential facilities will no longer be provided. For example in the case of residential development in the WELL Precinct, removing the acquisition of land and its embellishment for local open space (such as playing fields, parks, etc) would reduce the average contribution rate by approximately $20,778. Alternatively, if Council resolved to remove drainage land and works, the reduction would be approximately $12,092 or removing community facilities (e.g. neighbourhood centres), which would reduce contribution rates by $1,443. All these facilities would readily satisfy the DoP’s own draft guidelines regarding essential base/basic infrastructure for new communities. On this basis, a decision to delete what are essential facilities to meet an arbitrary financial cap would result in an inequitable City, with some locations offering potentially no open space or less efficient drainage or no community meeting facilities.

Option for property developers to deliver infrastructure

Another means of addressing the financial shortfalls in the plans would be for Council to revert to earlier estate development practices whereby the developer undertook delivery of most of the facilities as conditions of consent. Under this arrangement a condition of consent is imposed on the new development requiring the provision of roads, drainage and selected other infrastructure by the developer in accordance with the relevant Development Control Plan. Only those facilities such as open space and community facilities – which are common and typically not located on the lot to which the development relates – are provided by way of the Contributions Plan. Preliminary analysis reveals that this would be largely feasible – particularly for Glenmore Park Stage 2 and Claremont Meadows Stage 2, and largely for the WELL Precinct.

The implication of taking such an approach would be that developers would be required to coordinate fundamental works such as roads and drainage amongst all affected property owners. Since there would be no overarching instrument that has involved costing, sizing and location of some of these facilities, the rate of delivery of the estate is likely to be slower than presently occurs. There will also be no mechanism to enforce compliance and no perception of an independent broker in facilitating/liaising the desirable development outcome. Council currently serves this coordinating, integrating and overarching implementation role for fundamental, underpinning infrastructure.

IPART requirements for Integrated Planning and Reporting Process

Amongst the details provided in the changes to contribution planning announced is a requirement for Council’s contributions plans and its requests for rates and plan cap variations to be reviewed and endorsed by IPART. A consequence of this is that “Council will need to demonstrate to IPART that they are efficient and that they have managed their finances and that infrastructure plans do reflect the needs and aspirations of the local community.” The Integrated Planning and Reporting process has only recently been undertaken by Council (as with all other Group 1 councils). Councils that nominated to meet the Group 2 or 3 timeframes will not yet have commenced the integration of their new Strategic Plan, Delivery Program, Operational Plan, Resource Strategy and Community Engagement Strategy.

Understandably, as with all new processes, the planning and management of our infrastructure is a work in progress, and reflects our limited resources to take strategic approaches to infrastructure suitability. Council is still developing its expertise and knowledge, particularly in the area of asset management and maintenance. Our current capacity to respond effectively to our long-term asset management obligations may limit the likelihood of Council achieving IPART endorsement even if it believed this was desirable.

Finance Manager’s Comments

The changes announced recently by the State Government to cap Developer Contributions to $20,000 per lot, as discussed by this report, will have a significant financial impact on Council and the ratepayers of Penrith. The shortfall of funding for infrastructure that would have been delivered under Council’s section 94 Contribution Plans has been estimated at $268m. The Government has proposed that this shortfall, if for essential infrastructure, could be funded through an application to IPART to increase the assessed contribution per lot and recover the amounts above $20,000 by an increase to Rates. This increase in Rates may be over the entire LGA or just the Release Area concerned. The potential increase to Rates is significant and has been modelled below over 20 years with the percentage increase in rates being compared to the average rate of $941.29 for 2010-11. This initial modelling has been based on funding the infrastructure delivery through external borrowings over a term of 20 years with the loan repayments being funded by the increased rating income.

The above modelling demonstrates that funding the infrastructure shortfall from increased Rates is unrealistic and may require reconsideration of the infrastructure proposed in the Plans.

Recently Council signed an agreement for an Interest Free Infrastructure Loan for $4.6m with the Department of Planning (DoP) to forward fund Infrastructure works that had been included in the WELL Precinct Contributions Plan. This loan is due to be drawn down by 30 June 2010 and Council Officers are currently in discussions with the DoP as this plan would now have a funding shortfall of $52.6m and that it is unlikely that all of the items in the Plan can be delivered. The outcome of these discussions will be reported to Council.

Liaising with other affected Councils and LGA-representative groups

Since the announcement regarding the development contributions changes Council has been liaising with other neighbouring and affected local councils, as well as Council representative bodies such as the National Growth Area Alliance. Comparable neighbouring growth area councils such as Camden, Liverpool and The Hills Shire are likely to be even more direly affected by the changes than Penrith City. As a consequence, these neighbouring councils have taken more immediate and significant steps to address their concerns, including – in the case of Liverpool and Camden – advising that they will not be approving further residential development in their growth areas due to the overwhelming financial exposure they face due to plan shortfalls.

In a meeting with growth area Councils at the Hills Shire on 8 June 2010, approaches such as lobbying media outlets and discussing the issues with the property industry to highlight the significant adverse implications faced by councils, were discussed.

As highlighted earlier in this report, there is a lack of detail available about the announced changes to the contribution planning process. The DoP’s Circular on the matter advises that guidelines on the amendments are not expected for some months. There is no direction about situations where the Development Contributions plans are in deficit, as Council has forward funded the infrastructure and pays the loans with contributions from the plan(s).

There are specific issues relating to development applications that are currently being assessed. In particular, Council is currently assessing a number of significant subdivision applications that would attract contributions in excess of $20,000 per new lot in Glenmore Park, Caddens and Claremont Meadows. Should consents for these applications be issued under the new arrangements, Council would be subject to a significant gap in funding essential facilities. Council officers are currently liaising with the relevant developers to discuss ways in which the intent of the current contributions plans could be met and development consents issued. It should be noted that requiring the payment of the contributions commits Council to providing the full range of infrastructure for which the contributions are being collected. Therefore, it is considered unwise to issue any development consents in these circumstances until greater clarity on Council’s position is available.

This leaves Council ‘in limbo’ with plans that are in force, but cannot be funded.

These changes appear to be creating inequities across metropolitan Sydney since established suburbs in the eastern half of the metropolis typically have contribution rates significantly lower than $20,000 per lot and greater infrastructure provision. With the six growth councils providing for 40% of Sydney’s growth, these changes shift those costs onto Western Sydney residents.

The new urban areas in Penrith and elsewhere on the urban fringe which would be affected by the announced s94 changes typically already suffer from poorer public transport and access to major facilities. The changes would therefore further entrench the disparities across Sydney, to our residents’ disadvantage.

Conclusion

The recent State government announcements regarding changes to the development contribution planning process have potentially major adverse implications for Penrith City. Given the scale of these implications, the State government and its representatives should be made aware of the impact of the changes, and alternatives discussed.

RECOMMENDATION

That:

1. The information contained in the report on Changes by the State Government to Development Contributions be received.

2. Council endorse participation in a media campaign to ensure that the NSW Government, media, the property and development industries, and residents understand the full implications of the introduced changes.

3. Council meet with local State members to advise them of the serious financial implications that would impact on Council and its community as a consequence of these initiatives.

4. Council endorse deferring the issue of development consents for development applications where Development Contributions in excess of $20,000 would otherwise be charged.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

*Ordinary Meeting*	*21 June 2010*
*A Green City*

Development Application DA 10/0039, Proposed Split Level Dwelling, Indoor Swimming Pool and Tennis Court at Lot 806, DP 1068323 (No. 27-29) Belleview Avenue, Mt Vernon Applicant: Design Corp Australia Pty Ltd; Owner: Joumana Kalach-Warda

Compiled by: Julie Condon, Development Enquiry Unit Coordinator

Authorised by: Paul Lemm, Development Services Manager

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

Strategic Direction: We respond to the impacts of climate change on Council’s assets and workplaces

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

Executive Summary

Council is in receipt of a development application for the construction of a split level dwelling and associated outbuildings. The application seeks to vary the restrictive covenant applying to the property imposed on the original subdivision and identifying a site specific building envelope. The proposal is generally in accordance with LEP and DCP requirements.

The request seeks to vary the restriction in order to relocate the building envelope to accommodate a new dwelling house and to allow for construction of a tennis court outside the building envelope.

It has been demonstrated that the relocation of the building envelope is unlikely to have any significant impacts on achieving the outcomes intended by the planning and subdivision controls for the property. The report recommends that the request to vary the restriction to user pursuant to section 88b of the Conveyancing Act 1919 be supported and the Development Consent be issued subject to conditions.

Background

Council approved subdivision application DA 01/2345 for the creation of seventeen (17) new allotments for rural residential purposes in Belleview Ave Mt Vernon in June 2004. As part of that approval, restrictive covenants under Section 88B of the Conveyancing Act 1919 were imposed.

The restriction on the use of land, fourthly referred to in the subject deposited plan, states in section (b):

“all development erected on the subject lots will be in accordance with the ‘Siting Plan including Landscape Plan’ as indicated on the Plan Reference Pittenridge Shinkfield Bruce numbered LO1E and dated 20^th November 2002. The plan is held by Penrith City Council.”

Penrith City Council is nominated as the authority whose consent is required to release, vary or modify, the terms of the restriction.

The Siting Plan referred to in the restrictive covenant, nominates individual building envelopes for each site. It was applied to the subdivision to maintain separation between buildings, and provide for preservation of established landscaping to the perimeters of the allotments. (See Siting Plan in Appendix 2)

The building envelopes were created to reinforce subdivision controls which sought to provide varying setbacks and depth to frontage ratios; in order to avoid a monotonous and uniform streetscape. The location of the building envelopes also seeks to minimise excavation and filling needed by following the natural contours of the site.

The applicant has requested the above restriction be varied, proposing a new building envelope which is the same size as the original one but has been relocated on the property. The revised building envelope retains similar side setbacks to the original one, and increases the setback from the street and rear boundaries.

Site and Surrounds

The subject site is a 1ha allotment situated in the semi-rural locality of Capitol Hill at Mount Vernon. The surrounding area is characterised by rural/residential development in a parkland type setting. The property slopes with a cross fall from the North to the South of the site. Some landscaping exists to the rear and side of the site which was implemented as part of the subdivision and now forms a partial screen of established trees to the proposed development.

A cul-de-sac provides the main access to the rural residential properties, which are characterised by gently sloping grassy sites, with significant landscaping provided to the property boundaries. (See Locality Map in Appendix No. 1)

The Proposal

The proposed development includes the following aspects:

· Construction of a predominately single storey, five (9) bedroom brick veneer dwelling with attached nine (9) car garage and two storey portion

· Construction of an indoor swimming pool

· Construction of a Tennis Court

· Landscaping and site improvements

· Installation of an Onsite Sewerage Management System

The development application was accompanied by the following;

· Statement of Environmental Effects

· Statement of Design Intent

· Onsite Wastewater Assessment

· BASIX Certificate

· Site and Soil Analysis

· Submission requesting variation to positive covenant

· Waste Management Plan

· An Acoustic Report

Plans and elevation perspectives of the proposed development are contained in Appendix No. 3 and 4.

Assessment of Issues Relating to Positive Covenant

The following table contains an outline of the requirements of the relevant planning controls, and a comparison of the existing and proposed building envelopes. A plan of the existing and proposed building envelopes is attached in Appendix No 5.

Existing Building Envelope	Proposed Building Envelope	DCP Setback Requirements
Front Setback 7m from street frontage	Front Setback 22.644m	Front setback 15m
Rear Setback 5m approximately	Rear Setback 25.28m	Rear setback 10m
Side Setbacks 8m (eastern side) and 15m (western side)	Side Setbacks 11.3m eastern side (to wall of house) and 17.3m western side (to wall of house)	Side setback 5m
Area 3700m²	Area 3200m²	N/A

The table demonstrates that the proposed building envelope complies with all of Council’s minimum requirements for building setbacks as required by the Development Control Plan.

The building envelope on the adjoining property to the west is located 20m from the side boundary and the building envelope to the east is located 15m from the boundary. The proposed envelope will achieve a minimum 30m separation between buildings on adjacent properties.

The subject site is irregular in configuration with a slightly curved frontage to the street. The applicant requests reconfiguration of the building envelope to achieve a wider area of the site that can be developed toward the rear of the property. The proposed location of the building envelope allows greater flexibility in the design of the dwelling without impacting on side setbacks or separation between adjoining dwellings. The size and shape of the proposed envelope allow for a lower profile building form which will integrate the large scale residential development more naturally in the landscape.

Location of a tennis court outside of the building envelope is not considered unreasonable as it does not result in any built form. Landscaping will be required to be provided to the tennis court area as a condition of consent. Lighting of the court will also be controlled by a condition of consent.

Due to the above issues, and the nature of the variation requested, it is considered that a variation of the building envelope, as proposed, would have minimal impacts visually or on the amenity or streetscape of the locality and will not prevent the establishment of a streetscape character reflective of the rural setting with varied setbacks and open space and landscaping around the dwellings.

Assessment of Development Application

Planning Assessment

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

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

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

The provisions of SREP 20 apply to the property. 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 water quality.

The development application involves an onsite sewerage management system. The system proposed is an Advance Wastewater Management System UCS Model CT20 with subsurface drip irrigation, there is ample site area and the design and functionality of the system will have negligible impact on the receiving environment.

The compliance of the proposal with the general planning considerations, specific planning policies, and recommended strategies specified in Sections 4, 5 and 6 of Part 2 of SREP 20, has been assessed, and it is considered that the development application for the construction of a dwelling and outbuildings and the installation of the proposed On Site Sewerage Management System meets these requirements.

Local Environmental Plan 201 – Rural Lands

The subject site is zoned No 1(c) Rural “C” Zone – Rural/Residential under LEP 201. The proposed development is defined as a dwelling house and associated structures, which are permissible with the consent of Council.

Zone Objectives

The objectives of zone No 1(c) Rural “C” Zone – Rural/Residential are;

“

(a) to provide the opportunity for the development of integrated rural/residential development: and

(b) to promote an innovative approach to rural/residential development; and

(c) to ensure that development is compatible with the environmental capabilities of the land and to encourage the conservation and enhancement of natural resources by means of appropriate land management techniques; and

(d) to assist in meeting the demand for rural/residential development in Penrith where it is consistent with the conservation of rural, agricultural, heritage and natural landscape qualities; and

(e) to ensure that attractive views from main roads and other vantage points are protected and enhanced; and

(f) to ensure that adequate provision has been made for water and disposal of effluent; and

(g) to ensure that development does not create unreasonable demands, now or in the future, for the provision or extension of public amenities or services: and

(h) to ensure that traffic generating developments are suitably located so as not to be adversely affect the safety and efficiency of roads; and

(i) to ensure that development will not lead to excessive soil erosion or run-off; and

(j) to ensure that the form, siting and colours of buildings, building materials, and landscaping complement the natural scenic quality of these areas.”

The proposed development meets the objectives for the provision of rural residential development, which have been carefully considered in the construction of the subdivision. There is adequate provision of services and the onsite disposal of effluent is considered to be satisfactory.

The development, while large, comprises articulation and design features to break up any apparent bulk. The development will be well screened by the established and proposed perimeter landscaping to the site. The proposal is consistent with the existing landscape qualities and will not be visible from any main road.

The dwelling is designed in a contemporary style which incorporates some rural elements. The finishes are chosen from a pallet of earthy colours. The dwelling is large, however its design is considered in keeping with other development in the area in terms of bulk and scale.

The proposed development is considered to be in keeping with the objectives for development in the zone.

Development Standards

a) Minimum Lot Size

The site and locality is subject to minimum lot size and density controls. These were considered in the assessment of the subdivision proposal and the subject property complies with the minimum lot size requirement of 1Ha to permit the construction of a dwelling house.

b) Aircraft Noise

The site is located within the 20-25 Australian Noise Exposure Forecast contour line attached to the draft environmental impact statement for the Second Sydney Airport. As such, it is subject to the provisions of Clause 31 of the LEP, and the dwelling is required to be designed so that interior noise levels will meet Australian Standard 2021 “Aircraft Noise Intrusion – Building Siting and Construction”. A report, prepared by RSA Acoustics has been submitted in support of the application, and demonstrates that the dwelling will meet these requirements if constructed in accordance with the Acoustic Report.

Council has recently been in contact with the Director General of the Department of Planning NSW in regards to the proposed airport at Badgery’s Creek. The Department of Planning have required that Draft Penrith Local Environmental Plan (LEP) 2008 incorporates the criteria for the Australian Noise Exposure Forecast (ANEF), in accordance with Section 117 of the Environmental Planning and Assessment Act.

The Federal Government has made a number of announcements that the Badgery’s Creek Airport is not the preferred second airport location in Sydney. The inclusion of these Clauses in Councils LEP brings a statutory obligation to consider the issue ahead of granting development consent to new buildings.

In light of the above, Council has introduced a procedure for development in those areas. This requires that the acoustic report to be submitted up front but then allows the applicant to elect whether they will install the noise reduction measures in the building during construction or take out a positive covenant over the property which requires them to be fitted retrospectively in the event the airport is ever constructed. See draft Special Condition 4.10

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

Penrith Development Control Plan 2006 – Part 4, Section 4.9 – Rural Development

DCP Objectives

“

(a) to provide a framework which will encourage development to observe sound environmental planning principles;

(b) to promote rural/residential development where it is consistent with the conservation of the rural, agricultural, heritage and natural landscape qualities of the area;

(c) to minimise the cost to the community of fragmented and haphazard development of rural land by ensuring that development does not create unreasonable demands for the provision or extension of public amenities and services now or in the future;

(d) to ensure that traffic generating developments are suitable located so that the safety and efficiency of roads is not adversely affected by development on adjacent land; and

(e) to control development in areas subject to flood hazard;

(f) to maintain and improve water quality of the watercourses within and part of the catchments of the city.”

As stated above in respect to the zone objectives the development is considered to satisfy the DCP objectives.

Design and Numerical Requirements

Part B – Development Issues

Setbacks – A minimum setback of 15m is required. The setback proposed is a minimum of 22.644m, which complies, and is considered suitable for the site and locality.

Services – Reticulated water supply and electricity are available to the site. Effluent disposal is to be via an onsite sewerage management system (see section on Effluent Disposal below).

Access – The proposed driveway will substantially follow the natural contours. Minimal additional site works will be required. The driveway is to be curved and landscaped and will enhance the development of the site.

Tree Removal – Tree removal is not proposed to facilitate the dwelling construction.

Car Parking – A nine car garage under the main roof of the dwelling is proposed as part of the development. The garages have been designed to face the side of the property and will not be visible from the street.

Drainage – The site contains a 50,000 litre in-ground rainwater tank as a part of its infrastructure. This tank serves as onsite detention for the development. All roof water, overflow, and surface water, are required to be to be directed into this rainwater tank. An additional tank has been proposed to supply all toilets and clothes washers, which will be free of surface water.

Landscaping – The site contains some existing landscaping. The development proposes to retain this landscaping and provide substantial additional landscaping. The landscaping plan is attached in Appendix No 6 in the areas adjacent to the dwelling, swimming pool and access driveway.

Part C – Housing

Building Design – The objectives of the LEP and DCP, as well as this section of the DCP require that dwellings are to be designed, sited and landscaped so as to compliment and conserve the natural, rural and agricultural character and scenic quality of the area.

The proposed dwelling being predominately single storey incorporates significant articulation of the walls, with design features to the all elevation. The roof design contains a number of variations in height and direction as the dwelling incorporates different wings into the design. The second storey portion and sky lights add interest and provide visual relief to the expanse of the building. (See Appendix No 4).

Fencing – The DCP states that only rural style fencing is permitted. That is fencing of an open rural nature, in character with that normally found in rural areas. A condition of consent is to be imposed requiring any fencing to be rural in character and in compliance with the city of Penrith Rural Development Control Plan.

Penrith Development Control Plan Part 6, Section 6.26 – Land in the Vicinity Horsley Road/Mount Vernon Road Kemps Creek

Relevant DCP Objectives

“

a) To protect and enhance the scenic quality and rural character of the area;

b) To ensure that development is compatible with the environmental capabilities of the land and to encourage the conservation and enhancement of natural resources by means of appropriate land management technique;

c) To ensure that adequate provision has been made for the disposal of effluent;

d) To ensure that adequate consideration has been given to landscaping and the form, siting, building materials and colours of any proposed buildings;

e) To ensure that allotments are compatible in size and shape with the physical nature of the land , adjoining land uses and the likely use of land in the future”

As discussed above the development is considered to be in keeping with the objectives and design and numerical requirements of the DCP.

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

The proposed development would be likely to have minimal impacts in terms of access, traffic, public domain, utilities, heritage, or the use of agricultural land. It would result in provision of a further dwelling in an area already characterised by larger rural residential homes.

· The development has been designed to be responsive to the site. Site disturbance/excavation and filling are minimized.

· Minimal vegetation removal is proposed. Additional landscaping will be provided to the areas surrounding the dwelling, swimming pool, driveway and tennis court;

· Reticulated water, electricity and telephone services are available to the site. The development includes a proposal to capture and reuse rainwater on the premises. An Onsite Sewerage Management System is proposed;

· The proposal will have minimal impact on the local road system. Residential traffic only will be generated by the development;

· Effluent Disposal – The application proposes the installation of an on site sewerage management system. The site has a minimum size of 10,000m². The effluent Management Area proposed is 1660m² and will contain 840m² of subsurface drip irrigation. The system is deemed to satisfy with council’s Onsite Sewerage Management Strategy. Conditions of consent will be applied to ensure the installation maintains compliance with the relevant requirements;

· The proposed development will have minimal impact on the amenity of the area and is in keeping with the surrounding and adjacent land uses;

· The proposal to construct a dwelling in the rural/residential subdivision will have no adverse social or economic impacts in the locality;

· The development will comply with BASIX legislation for conservation of water and energy;

· The development is not subject to bushfire risk or flooding.

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

The proposed development fits the locality. Adequate separation is provided between developments on adjoining properties.

Adequate services are available to the site. On site disposal of effluent is proposed.

The site is not nominated as bushfire prone. It is not subject to flooding, contamination or slip. The site attributes are conducive to the proposal.

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

Community Consultation

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was notified to the adjoining property owners. No submissions were received in response.

Conclusion

The assessment of the application for the dwelling and ancillary structures, including variation to building envelope applying to the property demonstrates that it accords with all the LEP and DCP requirements.

Assessment of the application to vary the terms of Restrictive Covenant, fourthly referred to in the 88B Instrument attached to Lot 806, DP 1068323, has demonstrated that the proposal is unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this property.

The proposed variation will not compromise the character or amenity of the locality, and will not cause a significant reduction in the spatial separation, and perceived setbacks of development on the streetscape.

RECOMMENDATION

That:

1. The information contained in the report on Development Application DA 10/0039, Proposed Split Level Dwelling, Indoor Swimming Pool and Tennis Court at Lot 806, DP 1068323 (No. 27-29) Belleview Avenue, Mt Vernon be received.

2. The terms of clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 806, DP 1068323, be varied as follows as it applies to Lot 806 only:

(b) All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan, Drawing No J06 for Reference Number 2009-143, prepared by Design Corp. This clause does not preclude the construction of a tennis court outside the nominated building envelope.

3. The Common Seal of Penrith City Council be affixed to the necessary documentation.

4. Development Application No DA10/0039 for the construction of a Split Level Dwelling, Swimming Pool and Tennis Court be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

4.1 A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

F010 – Septic distance from house

H001 – Stamped plans and erection of site notice

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

H034 – Bushfire roof sarking

I003 – Roads Act approval

J009 – Backyard Pool Safety

J010 - Pool Board/Sign

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

4.2 The development must be implemented substantially in accordance with the plans drawn by Design Corp, reference No 2009-143, Drawings No J01 – J07, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions

4.3 All boundary fences are to be low profile, open style and rural in character. The front fence is not to exceed 1.5m in height. The brick dwarf wall is not to exceed 350mm above natural ground level at any point.

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council as follows;

All development erected on the subject lot will be in accordance with the proposed building envelope indicated on the Site Plan, Drawing No J06 for Reference Number 2009-143.. This clause does not preclude the construction of a tennis court outside the nominated building envelope.

4.5 The dwelling is not to be used or converted for use as a dual occupancy.