APOLOGIES

257  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that the apology from Councillor Marko Malkoc be accepted.

CONFIRMATION OF MINUTES - Ordinary Meeting - 19 July 2010

258  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 19 July 2010 be confirmed.

SUSPENSION OF STANDING ORDERS

259  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:39 pm.

RESUMPTION OF STANDING ORDERS

260  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor John Thain that Standing Orders be resumed, the time being 8:10 pm.

1        Visitor Centre wins gold in Greater Sydney Tourism Awards

Councillor Greg Davies returned to the meeting, the time being 8:15 pm.

261  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Visitor Centre wins gold in Greater Sydney Tourism Awards be received.

Councillor Jim Aitken congratulated the team for winning the Award and suggested that the Mayor held an afternoon tea for all the staff and volunteers involved with the Visitor Information Centre.

2        Local doctor retires after 43 years outstanding service to our community                     

262  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Local doctor retires after 43 years outstanding service to our community be received.

3        Helen Brownlee OAM honoured                                                                                       

263  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Helen Brownlee OAM honoured be received.

4        The Passing of the Hon. Roy Smith MLC                                                                        

264  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on The Passing of the Hon. Roy Smith MLC be received.

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 30 June 2010                                                                                                          

265  RESOLVED on the MOTION of Councillor Kaylene Allison seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 30 June, 2010 be adopted.

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

266  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 August, 2010 be adopted.

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 August 2010                                                                                                                                     

267  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 August, 2010 be adopted.

Procedural Motion

268  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the order of business be altered to allow consideration of  Item 4 before any other debate.

4        Development Application DA09/0525 - Three (3) Lot Torrens Title Subdivision - Lot 98 DP 238269, Lot 100 DP 591759, Nos. 27 & 45 Greenhaven Drive, Emu Heights. Applicant: Werrington Trust Pty Ltd;  Owner: Tresaire Pty Ltd                                     DA09/0525

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

That:

1.     The information contained in the report on Development Application DA09/0525 - Three (3) Lot Torrens Title Subdivision - Lot 98 DP 238269, Lot 100 DP 591759, Nos.27 & 45 Greenhaven Drive, Emu Heights be received.

2.     Development Application DA09/0525 - Three (3) Lot Torrens Title Subdivision - Lot 98 DP 238269, Lot 100 DP 591759, Nos.27 & 45 Greenhaven Drive, Emu Heights be refused for the following reasons:

2.1     The proposed development is inconsistent with the objectives of the 7(e) Environmental Protection zone under the Penrith Local Environmental Plan No.226 in that the proposed development would cause a significant detriment to the visual character and scenic value of the Blue Mountains Escarpment, lack of consideration of drainage and poor urban design outcomes from the proposed dwelling (Section 79C(1)(i) of the Environmental Planning and Assessment Act 1979).

2.2     The proposed development does not meet the provisions outlined in Clause 12 - Subdivision within Zone No. 7(e) of the Penrith Local Environmental Plan No.226 as it is considered that subdivision was not contemplated for the site (Section 79C(1)(i) of the Environmental Planning and Assessment Act 1979).

2.3     The proposed development is inconsistent with Clause 6 - Specific planning policies and recommended strategies of the Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River (No.2 - 1997) in respect to consideration relating to: 

·  Insufficient information to conduct a detail and accurate assessment of water quality and water quantity, impacts;

·  Deficient information relating to impacts of flora and fauna;

·  Significant impact to the riverine scenic quality as a result of vegetation removal;

·  Inconsistency with the prescribed subdivision pattern outlined in the applicable planning instruments.

(Section 79C(1)(i) of the Environmental Planning and Assessment Act 1979).

2.4     The proposed development is inconsistent with the objectives of the E2 Environmental Conservation Zone of the Draft Penrith Local Environmental Plan 2008 in respect of the consideration of the existing vegetation and scenic value of the area (Section 79C(1)(ii) of the Environmental Planning and Assessment Act 1979).

2.5     The proposed development is inconsistent with Clause 4.1 – Minimum Subdivision Lot Size of the Draft Penrith Local Environmental Plan 2008 in that the proposed development would not achieve the Development Standard (Section 79C(1)(ii) of the Environmental Planning and Assessment Act 1979).

2.6     The proposed development does not meet the provisions outlined in Section 6.8 – Blue Mountains Eastern Escarpment Siting Design and Management of the Penrith Development Control Plan 2006 as it is considered that subdivision was not contemplated for the site and the proposal would result in poor urban design outcomes to adjoining development (Section 79C(1)(iii) of the Environmental Planning and Assessment Act 1979).

2.7     The proposed development has not provided sufficient information to conduct a detailed and accurate assessment of the impacts to flora and fauna associated with the site (Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979).

2.8     The proposed development would add pressure to the bushland areas to the west as a consequence of clearing and encroachment of urban development and would provide adequate amenity to existing development to the east of the site (Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979).

2.9     The proposed development would cause a significant impact to the Blue Mountains Escarpment as the removal of trees to accommodate development would diminish the visual and environmental buffer established at the site (Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979)..

2.10   The site is unsuitable for the proposed development having regard to the substantial constraints that apply to the site that results poor urban design, visual amenity and ecological outcomes (Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979).

2.11   The proposed development would be inappropriate having regard to the submissions received in response to the proposed development (Section 79C(1)(d) of the Environmental Planning and Assessment Act 1979).

 2.12  The proposal would create an undesirable precedent for inappropriate subdivision and development which is not in the public interest (Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979).

3.     Those making a submission be notified of Council’s recommendation.

4.     A further report come to Council regarding a request to the NSW Government and Opposition to support incorporation of all the forested land on the Eastern Escarpment into the World Heritage listed Blue Mountains National Park.

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

1        2009-2010 Operational Plan - June Quarter and Year End Review                                

270  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 - June Quarter and Year End Review be received.

2.     The 2009-10 Operational Plan Review as at 30 June 2010 be adopted, subject to adjustment of the Employee Leave Entitlements Reserve to 20%, in accordance with Council’s policy  by 30 June 2011.

3.     The voting of funds and estimates of income for 2009-10 be amended to reflect the revised estimates, expenditures and revotes as detailed in the Operational Plan Review

4.       Council revote the works as detailed in the Recommended Revoted Works Lists for inclusion in the 2010-11 Operational Plan.

2        Council Property - Easement to Drain Water over Lot 25 DP 31478, Nos. 16-18 Collins Street, St Marys                                                                                                                 

271  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Council Property - Easement to Drain Water over Lot 25 DP 31478, Nos. 16-18 Collins Street, St Marys be received.

2.     Council grant an easement to drain water over Open Space land on Lot 25 DP 31478, Nos. 16-18 Collins Street, St Marys to benefit proposed Lot 11 in the subdivision of Lot 1 DP1031030 at No. 27 Monfarville Street, St Marys.

3.     Payment of compensation by the applicant to Council in the amount of $20,000 be required for the grant of the easement over Lot 25 DP 31478, Nos. 16-18 Collins Street, St Marys.

4.     The applicant be responsible for all drainage costs, survey, legal and registration costs associated with the creation of the easement.

5.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement.

3        Summary of Investments & Banking for the Period 1 July to 31 July 2010                   

272  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Summary of Investments & Banking for the Period 1 July to 31 July 2010 be received.

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

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

7        RTA 2010/2011 Road Funding Grants                                                                              

273  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on RTA 2010/2011 Road Funding Grants be received.

2.    The RTA 2010/11 Program Funding Block Grant in the amount of $986,000 be accepted.

3.     Council accept the grant of $250,000, offered under the 2010/2011 Roads and Traffic Authority REPAIR Program, for the reconstruction of Forrester Road, North St Marys, between 200m north of Commonwealth Crescent and Christie Street.

4.    The Supplementary Road Component in the amount of $156,000 be allocated to the resurfacing of Second Ave, Llandilo (between Third Ave and Mayo Road).

5.     The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2010/2011”.

10      Urban Sustainability Project Grant Report                                                                       

274  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch that the information contained in the report on Urban Sustainability Project Grant Report be received.

5        NSW Communities - Sport and Recreation Facilities Grant Program Results               

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

That:

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

2.     Council accept the grant from NSW Communities - Sport and Recreation Facilities Grant Program Results Program of $100,000 to develop a playing field at Roper Road.

3.     Council thank the Member for Mulgoa, the Hon. D Beamer MP, for her support for the grant funds received for the development of a playing field at Roper Road.

6        Federal Government 2011/2012 "Auslink Black Spot Program" Submissions              

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

That:

1.     The information contained in the report on Federal Government 2011/2012 "Auslink Black Spot Program" Submissions be received.

2.     Council endorse the six projects listed under Table 1 of this report for submission to the Roads and Traffic Authority for funding under the Federal Government 2011/2012 “Auslink Black Spot Program”.

3.     The Roads and Traffic Authority be requested to investigate traffic safety on roads under its jurisdiction at locations indicated in Table 2 of this report.

8        Desborough Road, St Marys - Review of Pedestrian Safety near St Marys South Public School                                                                                                                                  

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

That:

1.   The information contained in the report on Desborough Road, St Marys - Review of Pedestrian Safety near St Marys South Public School be received.

2.   Council write to St Marys South Public School Principal providing copies of this report together with the two previous Local Traffic Committee reports (3 August 2009 and 1 February 2010).

3.   This matter be further investigated by the Local Traffic Committee including direct consultation with the local community.

9        New cricket practice nets, Jamison Park

Councillor Mark Davies returned to the meeting, the time being 9:10 pm.

278  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

That:

1.  The information contained in the report on New cricket practice nets, Jamison Park be received.

2.   The $10,000 shortfall be met equally from each Ward’s voted works.

11      Parks and Leisure Association 2010 National Conference                                              

279  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Parks and Leisure Association 2010 National Conference be received.

2.     Council nominate Councillor Ben Goldfinch and any other interested and available Councillors to attend the Parks and Leisure Association Annual National Conference.

12      Ninth Avenue, Llandilo - Xavier College Walkathon - Friday 3 September, 2010         

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

That:

1.       The information contained in the report on Ninth Avenue, Llandilo - Xavier College Walkathon - Friday 3 September, 2010 be received.

             2.       The Class 3 Special Event for the Xavier College Walkathon on Friday, 3                      September 2010 be endorsed subject to the following conditions:

(a)      All emergency service authorities and Westbus be advised by the       organiser prior to the event.

(b)     The organiser ensure that participants obey all Police directions and    road rules during the event.

(c)      The organiser indemnify Council against all claims for damage or        injury which may result from conducting the event.

(d)     A copy of the Public Liability Insurance of $10 million be forwarded to Council’s Risk Management Co-ordinator.

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

13      Request for Sponsorship of the 2010 NSWRL U16 Youth Development Cup               

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

That:

1.     The information contained in the report on Request for Sponsorship of the 2010 NSWRL U16 Youth Development Cup be received

2.     Sponsorship assistance of $3,000 be provided from the City Marketing Budget.

14      Request for sponsorship of Formula One boat race series in Penrith Valley                 

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

That:

1.     The information contained in the report on Request for sponsorship of Formula One boat race series in Penrith Valley be received.

2.     Sponsorship funding of $10,000 be approved from the City Marketing Budget.

15      Development Application No. DA09/0810 Alterations and Additions and adaptive re-use of Heritage building for commercial purposes at Lot 11 DP 1056135 (No. 113) Great Western Highway, Emu Plains. Applicant: Hubert Architects Pty Ltd;  Owner: Penrith City Council                                                                                                                           DA09/0810

Councillor Karen McKeown returned to the meeting, the time being 9:19 pm.

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

That:

1.     The information contained in the report on Development Application No. DA09/0810 Alterations and Additions and adaptive re-use of Heritage building for commercial purposes at Lot 11 DP 1056135 (No. 113) Great Western Highway, Emu Plains be received.

2.     Development Application No. DA09/0810 Alterations and Additions and adaptive re-use of Heritage building for commercial purposes at Lot 11 DP 1056135 (No. 113) Great Western Highway, Emu Plains be approved subject to the following conditions:

          Standard Conditions

2.1   A001 – Approved Plans

A011 – DCP Construction

A026 – Advertising Sign

A039 - Graffiti

A046 – Construction Certificate

B002 – As for demolition and disposal to approved landfill site

B003 – Asbestos

C003 – Uncovering relics

D001 – Erosion and Sediment Control

D002 – Spray Grass

D009 – Covering of waste storage area

E01A – BCA Compliance (class 2-9)

E006 – Disabled access and facilities

E009 – Annual fire safety statement – essential fire safety (class 2 -9)

H001 – Stamped plans and erection of site notice

H002 (a)&(b) – All forms of construction

H003 – Traffic Safety during construction

H041 – Hours of work (other development)

H036 – Rainwater tank

H037 – Safe supply of water from catchment areas

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

I003 – Roads Act Approval 1

(b)     Provision of a heavy-duty gutter crossing 7.4m wide.

(e)    Provision of a heavy-duty vehicular footway crossing 6.0m wide.

(f)     Reinstatement of concrete footpath 1.2m wide in the Great Western Highway for the full property frontage.

(g)     Reinstatement of redundant gutter and vehicular crossings.

(h)    Opening of the road reserve for the provision of services including stormwater.

(i)     Placing of hoardings, containers, waste skips, etc. in the road reserve.

K002 - WAE

K009 – On Site Detention

K014 – Flood Proofing RL26.5 AHD

K019 – Connection to Council’s System

K025 – All land required for vehicular access and parking is to be concreted or sealed with a bituminous pavement.

K027 – Car Parking

L002 – Landscape Construction

L005 – Planting of plant material

L008 – Tree preservation order

L010 – Retain existing trees

P001 – Applicants Cost

P002 – Council Fees – Amended

Prior to the issue of a Construction Certificate, all fees associated with Penrith City Council-owned land and infrastructure shall be paid to Council.  These fees include Road Opening fees and Infrastructure Restoration fees.

Q01F – Certification

Special Conditions

2.2     All car parking and manoeuvring must be in accordance with AS 2890 and Council’s requirements. Accessible spaces are to be located closet to the entrance to the building. Full details demonstrating compliance must be submitted with the Construction Certificate.

2.3     The proposed future use is not to attract a parking rate higher than 1 space per 40m² floor area, unless additional on-site parking spaces are provided.

2.4     All vehicles are to enter and exit the development in a forward direction.

2.5     Subject to consultation with Blue Mountains Bus Company, arrangements are to be made with Council’s Building Projects Coordinator to relocate the existing bus shelter further to the south, in an appropriate position that does not hinder sight distances from the new driveway. A plan showing the new location shall be submitted to Council’s Traffic Section.

2.6     The required sight lines to pedestrians and vehicles around the driveway entrance are not to be comprised by landscaping, signage, fencing or display materials, or the relocated bus shelter.

2.7     A separate development application shall be submitted to, and approved by Council for uses of the building other than professional offices. Details of any proposed professional office use are to be submitted to Council prior to commencement of the use. Council may require a separate development application depending on the nature and scale of use.

2.8     A detailed structural engineer’s report on the structural adequacy of the buildings shall be submitted with the Construction Certificate application. The report shall specify all the works required to make the building structural adequate and to enable the issue of a certificate of structural adequacy for the buildings on completion of the works. A copy of the structural engineer’s certificate of adequacy for the building shall be submitted to Council.

2.9     The first floor of the main building shall only be used for storage purposes and shall not be used as a habitable room.

2.10   The existing well shall remain sealed to prevent access by any persons.

2.11   The design and construction of the proposed new driveway on Great Western Highway shall be in accordance with AS2890.1 – 2004 and the RTA’s requirement (6m wide at the kerbline).

  The redundant driveway along the Great Western Highway frontage of the site shall be removed with kerb and gutter reinstated to the RTA’s requirements.

Details of further requirements of the proposed driveway and kerb & gutter can be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta (ph: 02 8849 2144).

A certified copy of the design plans (driveway, kerb & gutter) shall be submitted to the RTA for consideration and approval prior to the release by Council of construction certificate(s) for the development or commencement of any works.

2.12   The No Stopping restrictions on the south western side of the Great Western Highway at the traffic signals at Old Bathurst Road are to be extended to the end of the existing kerb and gutter to allow traffic to pass vehicles that are stopped waiting to turn right into the driveway. The restriction should be implemented prior to the commencement of any works relating to the proposed development. Prior to the installation of the parking restrictions the applicant is to contact the RTA’s Traffic Management Services on phone 8849 2294 for a works instruction.

2.13   The bus shelter and bus zone signage are to be relocated in consultation with the bus company and Council’s Local Traffic Committee.

2.14   The bus shelter is to be located/designed so as to not restrict sight distance for vehicles leaving the proposed driveway.

2.15   All vehicles are to be clear from the edge of carriageway and footpath before being required to stop.

2.16   The vehicle and pedestrian sightlines on the Great Western Highway shall be maintained for vehicles exiting the driveway and conform to the requirements of AS2890.1 – 2004.

2.17   Council shall ensure that post development storm water discharge from the subject site into the RTA drainage system does not exceed the pre-development application discharge.

Should there be changes to the RTA’s drainage system then detailed plans and hydraulic calculations of the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works.

Details should be forwarded to:

The Sydney Asset Management

Roads and Traffic Authority

PO Box 973

Parramatta CBD 2124

A plan checking fee will be payable and a performance band may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

2.18   All works/regulatory signage associated with the proposed development are to be at no cost to the RTA.

2.19   All demolition and construction vehicles and activities are to be contained wholly within the site as a work permit will not be approved along the Great Western Highway.

2.20   A construction certificate for the provision of engineer works (on-site detention system and car park) is to be approved by the certifying authority. Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design.

2.21   You are advised that Council’s adopted flood level for this location is RL 26.0 AHD. Use of this building should reflect the flood risk.

2.22   A landscape plan prepared by a qualified landscaping consultant reflecting the conservation management plan is to be submitted to and approved by Council with the Construction Certificate.

2.23   All recommendations in the arborists report by Australian Tree Consultants Pty Ltd dated 18 December 2009 are to be adopted with details included with the Construction Certificate application.

2.24   The protection of trees is to be undertaken in accordance with AS4970-2009 and must be erected prior to any site works.

2.25   Within the Tree Protection Zone prior to construction certificate, the area is to be treated with osmocote and 10kg of composted/pelletised chicken manure spread evenly over the area. The area must then be mulched to a depth of between 50-75mm with ‘no fines’ leaf mulch. The area is to be maintained until completion of works and issue of occupation certificate.

2.26   No incursions into the Tree Protection Zone are permitted without consultation from the Council Tree Management Officer.

2.27   Four suitable replacement trees as approved by Councils Tree Management Officer are to be planted on property prior to issue of Occupation Certificate.

2.28   An excavation permit is to be sought from the NSW Heritage Council under section 140 of the Heritage Act 1977 prior to the issue of a Construction Certificate.

2.29   Prior to issue of Construction Certificate the following items are to be provided to Council for approval:

(i)       Strategy for pest/termite control for underfloor inspections.

(ii)      Boundary fencing, including front fence 1:20 details to be provided.

(iii)       Front Verandah to be split sandstone in lieu of brick paving. Details at 1:20 scale to be provided.

2.30   All conservation and restoration works shall be undertaken in   accordance with the following guidelines and reports:

·        Australian ICOMOS Charter for the conservation of Places of Cultural Significance – The Burra Charter.

·        Otto Cserhalmi & Partners Pty Ltd – Specification of material and workmanship for the restoration of an adaption of Former Post Office, Emu Plains, July 1984.

·        Otto Cserhalmi & Partners Pty Ltd – Specification of material and workmanship for the restoration of an adaption of Former Post Office, Emu Plains, July 1986.

·        Otto Cserhalmi & Partners Pty Ltd – Specification of material and workmanship for the restoration of an adaption of Former Post Office, Emu Plains, July 1987.

·        Hubert Architects Pty Ltd – Former Emu Plains Post Office Conservation Management Plan, 25 October 2002.

·        Hubert Architects Pty Ltd – Former Emu Plains Post Office Schedule and Specification of Works for DA, 18 August 2009.

·        Hubert Architects Pty Ltd – Former Emu Plains Post Office Schedule of Finishes, 20 August 2010.

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

16      Development Application DA08/1327 - Proposed erection of a Shopping Centre comprising of a Supermarket and Speciality Shops at Lots 1, 2 & 3 DP 504928, Lot E, F & G DP 390228 and Lot 3 DP 214333 (No. 1) Park Road, Wallacia. Applicant: Vasilios Gouriotis;  Owner: Effie Gouriotis &  Andrew Gouriotis                                                               DA08/1327

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

That:

1.     The information contained in the report on Development Application DA08/1327 - Proposed erection of a Shopping Centre comprising of a Supermarket and Speciality Shops at Lots 1, 2 & 3 DP 504928, Lot E, F & G DP 390228 and Lot 3 DP 214333 (No. 1) Park Road, Wallacia be received.

2.     DA08/1327 be granted a Deferred Commencement Consent with the following conditions:

Schedule A – Deferred Commencement

A.        A Section 140 permit under the NSW Heritage Act 1977 is to be obtained prior to any excavation of the site. A copy of this permit shall be submitted to Council including relevant documentation which supports this permit.

B.        The recommendations outlined in the Historical Archaeological and Impact Assessment prepared by Archaeological & Heritage Management Solutions Pty Ltd dated December 2008 shall be completed and details of provision within the development for interpretation of the site’s heritage values are to be submitted to Council for consideration and approval.

                          Schedule B – Conditions of Consent

2.1     A003       Approved plans that are architecturally drawn as amended by Schedule 1

2.2     A014       Lot consolidation

2.3     A017       DA for use

2.4     A019       Occupation Certificate

2.5     A026       Advertising sign (not for residential)

2.6     A032       Goods in buildings

2.7     A038       Lighting locations

2.8     A039       Graffiti

2.9     A046       Construction Certificate

2.10   B001       Demolition of existing structures

2.11   B002       AS for demolition and disposal to approved landfill site

2.12   B003       Asbestos

2.13   B004       Dust

2.14   B005       Mud/Soil

2.15   B006       Hours of work

2.16   C001       Employment of conservation architect

2.17   C002       Archival recording

2.18   C003       Uncovering relics

2.19   D001       Implement approved sediment & erosion control measures

2.20   D005       Approval required prior to any filling

2.21   D006       No filling without prior approval

2.22   D009       Covering of waste storage area (Applies to building works/demolition)

2.23   D010       Appropriate disposal of excavated or other waste

2.24   D013       Noise (Environmental Noise Impact Assessment prepared by Renzo Tonin and Associates dated 19 December 2008),

2.25   D014       Plant and equipment noise

2.26   E01A      BCA compliance for Class 2-9

2.27   E006       Disabled access and facilities 

2.28   G003       Section 73 Certificate

2.29   G004       Integral Energy

2.30   H001       Stamped plans & erection of site notice 1 (Class 2-9)

2.31   H002       All forms of construction

2.32   H041       Hours of work

2.33   H011       Engineering plans & specifications

2.34   H022       Survey

2.35   H025       Construction of garbage rooms

2.36   L001       General landscaping (Applies to most building works, not fitouts)

2.37   L002       Landscape construction        

2.38   L003       Report requirement

2.39   L005       Planting of plant material

2.40   L006       AS requirements

2.41   L008       Tree Preservation Order

2.42   Q01F      Notice of Commencement & Appointment

2.43   Q006      Occupation Certificate for Class 2-9

2.44   Crime Prevention through Environmental Design (CPTED) shall be addressed by incorporating the following elements and details submitted to Council prior to issue of a Construction Certificate: -

Outdoor plaza area

·    Suitable gates/grills shall be installed to restrict public access to the area after hours. The type of fencing used should be open in style to enable passive surveillance of these areas.

Lighting

·    Outdoor lighting in the public domain shall be installed in accordance with CPTED principles.

Car parking

·    The basement car park shall be fitted with lockable security gates to restrict access to vehicles/persons outside of operational hours.

·    Signs shall be installed to clearly state the opening/closing times for the car park.

·    All surfaces of the basement car park shall be painted in light coloured paint or finished in light grey concrete to reflect light.

·    Adequate lighting and mirrors shall be installed near potential blind areas including under stair cases, wide columns and blind corners.

·    The plant room/storage area and waste bin/recycling areas of the basement car park shall be restricted from public access.

·    Emergency phone/help points shall be provided in the basement car park.

·    The lift doors shall be transparent and fitted with appropriate safety features, including emergency stop buttons, alarms and telephones, in accordance with Australian Standards.

·    Signage advising customers to lock their vehicles and remove valuables shall be installed in the car parks

Security

·    High quality CCTV shall be installed in conjunction with quality lighting to cover all areas accessible by the public including shop entrances and both car parks.

·    Each store shall be fitted with security fittings and alarm system.

·    Rear entry points to shops shall be locked at all times and access restricted to staff only.

Toilets

·    Entrances to toilets shall be clear of any screening to allow sufficient passive surveillance.

·    Toilet cubicle doors should open outward to allow access in an emergency. Doors should also have spring-opening hinges to allow doors to remain open when not in use.

·    Rear of toilet doors should have hooks located half way down to ensure handbags cannot be accessed over the top of the door.

·    Doors shall be installed to a sufficient gap between the floor and ceiling.

·    Avoid creating areas where items such as drug paraphernalia can be hidden (e.g. suspended ceilings)

·    Toilet fittings shall be installed flush to walls to avoid tampering or stashing of items.

Graffiti

·    Graffiti resistant paints/surfaces shall be used on the external surfaces to minimise opportunities for graffiti vandalism.

·    Any graffiti to the building should be reported to Police and removed rapidly to discourage repeat incidents.

Landscaping

·    Dense vegetation and shrubs with top to bottom foliage shall be avoided with low ground cover or high canopied vegetation being preferred to enable clear sightlines and maintain visibility.

·    Public seating shall be of a sturdy material and shall be treated with anti-graffiti coatings to deter graffiti and vandalism.

Waste

·    All bins shall be well secured with lockable lids.

Building Identification & Signage

·    All shops shall be clearly identified by signage that is large and clearly visible.

2.45   All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

2.46   All road works, drainage works utility adjustments, regulatory signage and dedications, required to effect the consented development shall be undertaken at no cost to Penrith City Council or the Road & Traffic Authority (RTA).

2.47   Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

2.48   Stormwater runoff from parking, uncovered paved areas shall be directed to stormwater pre-treatment systems.  The treatment devices shall be designed to remove the following pollutant loadings:

·    90% Litter

·    85% Suspended Solids

·    65% Phosphorous

·    45% Nitrogen

·    90% Oil & grease

Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate:

(a)   Specifications & installation details of the stormwater pre-treatment systems.

(b)   The approval of an operation and maintenance manuals/ programmes for the proposed devices.

A copy of the approved operation and maintenance manuals/ programmes shall be submitted to Penrith City Council with notification of the Construction Certificate issue.

2.49   The swept path of the longest vehicle (including semi-trailers) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with the requirements of Austroads. In this regard, a plan shall be submitted to Council for approval, which demonstrates that the proposed development complies with this requirement.

2.50   Prior to the issue of a Construction Certificate for building works the Principal Certifying Authority and/or Certifying Authority shall ensure that a Roads Act application, including the payment of appropriate fees for the following works, has been lodged with, and approved by Penrith City Council.

·    Provision of a new kerb inlet pit and piped drainage under the kerb and gutter in Park Road, connecting to the existing kerb inlet pit outside the golf club. The new kerb inlet pit shall be constructed clear of the golf club’s driveway.

·    Provision of road pavement construction in the form of a deceleration / left turn lane on the approach to the Park Road access driveway in accordance with Australian Standards and the RTA Road Design Guide including kerb and gutter, drainage and pedestrian ramps both sides of the vehicular access.

·    Provision of a double width access driveway in Park Road in accordance with the requirements of AS2890

·    Provision of a new pedestrian refuge island and line marking in Park Road. Pedestrian and vehicle sight distance (in particular sight distance to the new pedestrian refuge) shall be maximised in accordance with the Australian Standard. The pedestrian refuge island and pram ramps shall be relocated to a position mid way between the pathway from the New Speciality Shop 1 and the pathway from Car Parking Area 2 the footway shall be fenced with an appropriate style of fence to direct pedestrians to the pedestrian refuge.

·    Provision of a new pram ramp on the southern side of Park Road to line up with the new pedestrian refuge island.

·    Removal of the refuge islands, pram ramps and connecting pathways in Park Road at the eastern and western ends of the site and on both sides of Park Road.

·    Line marking and signage

·    Provision of new path paving for the full property frontage.

·    Provision of private drainage connection to Council’s road drainage system.

·    Removal of redundant vehicular crossings and reinstatement of kerb and gutter.

·    Opening the road reserve for the provision of services including stormwater.

·    Placing of hoardings, containers, waste skips, etc. in the road reserve.

·    Replacement of damaged kerb and gutter for the full property frontage.

·    Landscaping in the road reserve.

Pedestrian and vehicle sight distance (in particular sight distance to the new pedestrian refuge in Park Road) shall be maximised and in accordance with Australian Standards and the RTA Road Design Guide.

Penrith City Council shall approve all works completed on the footway area.  Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

2.51   Certified copies of the civil design plans of the proposed deceleration/left turn lane, new pedestrian refuge/median island, pram ramps and access driveways off Mulgoa Road and Park Road shall be submitted to the RTA for consideration and approval prior to the release of the construction certificate (Roads Act Approval) by Council and any commencement of road works.

The design plans shall be in accordance with the RTA’s Road Design Guide and other Australian Codes of Practice and shall be endorsed by a suitably qualified and chartered Engineer (i.e. who is registered with the Institute of Engineers Australia)

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

(a)     Stormwater drainage

(b)     Stormwater pre-treatment system

(c)     Earthworks

(d)     Car park

(e)     Retaining walls

(f)      Sealed pavement for all areas of vehicular access.

(g)     Line marking and signage

Civil design drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

2.53   Stormwater drainage from the site shall be discharged to the street drainage systems in Mulgoa Road and Park Road.

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

The drainage design shall ensure that post development stormwater discharge from the subject site draining into the RTA drainage system does not exceed the pre-development discharge.

Investigation shall be undertaken to ensure that the existing street drainage has the capacity to accept the discharges from the subject site in the one in five year storm event.

Detailed design plans and hydraulic calculations of the stormwater drainage system shall be submitted to the RTA and Council for approval prior to the commencement of any works.

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

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

2.55   All vehicles shall enter and leave the site in a forward direction.

2.56   The vehicle manoeuvring design shall ensure that all vehicles, including semi-trailers, are able to be wholly contained within the site before being required to stop.

2.57   Prior to the issue of any Construction Certificate a performance bond is to be lodged with Penrith City Council for civil works in Mulgoa Road and Park Road.

The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

Note:

Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

2.58   A Road Safety Audit (RSA) shall be undertaken on the proposed road works by an accredited auditor who is independent of the design consultant. A copy of the RSA shall accompany the design plans submitted with the Construction Certificate application.

Prior to the issue of the Construction Certificate, the Certifying Authority shall ensure that the recommendations of the RSA have been addressed in any plans approved with the Construction Certificate.

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

2.60   Prior to commencement of works a Traffic Control Plan including details for pedestrian management,  shall be prepared in accordance with AS1742.3 “Traffic Control Devices for Works on Roads” and the Roads and Traffic Authority’s publication “Traffic Control at Worksites” and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller.

Traffic control measures shall be implemented during the construction phase of the development in accordance with the certified plan.  A copy of the plan shall be available on site at all times.

Note: 

A copy of the Traffic Control Plan shall accompany the Notice of Commencement to Penrith City Council.

2.61   Prior to the Commencement of Works a dilapidation report of all Council owned infrastructure fronting the development in Park Road and Mulgoa Road is to be submitted to Penrith City Council.  The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

2.62   Work on the site shall not commence until:

·    a Construction Certificate has been issued,

·    a Principal Certifying Authority has been appointed for the project, and

·    any other matters prescribed in the development consent have been complied with.

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

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

2.64   All existing (aerial) and proposed services for the development are to be located or relocated underground in accordance with relevant authority’s regulations and standards.

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

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

2.67   Prior to the issue of any Occupation Certificate Lot/s 1, 2 & 3 in Deposit Plan 504928, Lots E, F & G in Deposited Plan 390228 and Lot 3 in Deposited Plan 213444 are to be consolidated as one lot via registration of a plan with the Land and Property Information division of the Department of Lands.

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

2.69   After completion of all civil works, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

An original set of works-as-executed drawings marked in red on a copy of the stamped Construction Certificate drawings, signed, certified and dated by a registered surveyor or the design engineer together with copies of compliance documentation shall be submitted to Penrith City Council with notification of the issue of the Occupation Certificate where Council is not the Principal Certifying Authority.

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

2.71   Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the stormwater pre-treatment systems, shall be registered on the title of the property.  The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

2.72   Prior to the issue of an Occupation Certificate any damage to Council infrastructure not identified in the dilapidation report, as a result of the development shall be restored under the supervision of Penrith City Council.  Any rectification works within Mulgoa Road and Park Road will require a Roads Act application.  The application is to be submitted and approved by Penrith City Council prior to such works commencing.

2.73   Prior to the issue of an Occupation Certificate and installation of regulatory / advisory line marking and signage, plans are to be lodged with Penrith City Council and approved by the Local Traffic Committee.

Notes:

1.     Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 for further information on this process.

2.     Allow eight (8) weeks for approval by the Local Traffic Committee.

2.74   Prior to the issue of a Construction Certificate, marked pedestrian crossings shall be provided on the site having regard to pedestrian desire lines.

2.75   Prior to the issue of a Construction Certificate, convex mirrors shall be installed in locations where sight distance is restricted particularly for :

1.    Vehicle movements from the basement car park area into the basement ramp from Park Road.

2.    Vehicle movements from the ground level car park to the basement ramp from park Road.

2.76   Prior to the issue of an Occupation Certificate, signage which is clearly visible from the public road shall be placed within the development site.

The signage shall indicate that the exit ramp from the underground loading dock into Mulgoa Road be signposted "No Entry Exit Only”.

2.77   Prior to the issue of an Occupation Certificate directional signage and line marking shall be installed on the site indicating directional movements and the location of customer parking to the satisfaction of the Principal Certifying Authority.

2.78   Prior to the issue of the Occupation Certificate a maintenance bond is to be lodged with Penrith City Council for footpaving.

The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

Note:

Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

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

a) Positive covenant for water quality control systems

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

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

2.80   Prior to the issue of an Occupation Certificate a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed.

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

2.81   All plant and equipment associated with the development shall not be in view from the public domain. Should any additional plant and equipment is to be installed, all steps shall be taken to ensure it is visually and acoustically screened.

2.82   Conditions outlined in correspondence issued from the Sydney Regional Development Advisory Committee dated 23 December 2009 shall be adhered to at the relevant stages of the development.

2.83   Prior to issuing of the construction certificate an acoustic compliance report is to be provided and approved by Council addressing the noise associated with the chosen mechanical plant and equipment associated with the development. The mechanical plant and equipment is to be designed and installed so that it complies with the noise criteria’s set out in the Environmental Noise Impact Assessment prepared by Renzo Tonin and Associates dated 19 December 2008. Should any noise mitigation measures be required to ensure compliance with the relevant noise criteria, these measures are to be approved by Council before implementation.

2.84   The loading dock shall be restricted to the following hours only: -

            7:00am to 10:00pm -  Monday to Saturday and

            8:00am to 8:00pm   -  Public Holidays and Sunday

            Any alterations to the above hours will require further consent from Penrith City Council.

3.     Delegated authority be provided to Council’s Development Services Manager to enable the issue of an operative Development Consent on receipt of satisfactory information as outlined in Schedule A of the Deferred Commencement Consent. 

4.     Persons who have made a submission be notified of Council’s decision.

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

17      Section 96 Application DA09/0221.01 for Modifications to a Proposed Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lots 5 and 6 DP 250412 (No. 49) First Street, Kingswood. Applicant: Mission Australia;  Owner: Mission Australia                                                                                                                      DA09/0221.01

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

That:

1.     The information contained in the report on Section 96 Application DA09/0221.01 for Modifications to a Proposed Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lots 5 and 6 DP 250412 (No. 49) First Street, Kingswood be received.

2.     Section 96 Application DA09/0221.01 for Modifications to a Proposed Community Facility at Lots 7, 8 and 9 DP 247158 (No. 46) Bringelly Road and Lots 5 and 6 DP 250412 (No. 49) First Street, Kingswood be approved subject to the following amended and additional conditions:

Amend Condition 1 to read as follows:

2.1     The development must be implemented substantially in accordance with the following plans stamped approved by Council, 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.

                                      NOTE: The landscape plans and stormwater drainage plans shall be                      amended to reflect the site layout on the approved site plan.

Amend Condition 28 to read as follows:

2.2     The residential units in the Family Accommodation Centre shall only be used for short to medium-term accommodation of families who are homeless or at risk of homelessness. Should it be intended to use or sell the residential units as private long-term tenancies as part of a future Development Application, Council will at this time levy for the payment of any applicable Section 94 contributions. Prior to the issue of an Occupation Certificate, a positive covenant in these terms shall be registered on the land title of proposed Lot 2 in accordance with Section 88E of the Conveyancing Act 1919.

Amend Condition 68 to read as follows:

2.3     An Engineering Construction Certificate for the provision of engineering works for the on-site detention systems is to be approved by the Certifying Authority. Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006, Part 2.3 Engineering Works, and the Guidelines for Engineering Works for Subdivisions and Developments, Part 1 - Design.

Add new Condition 70A as follows:

2.4     Where the disposal of drainage involves the provision of drains across lot boundaries, drainage easements shall be provided. The width of the drainage easement is to be in accordance with Penrith City Council’s Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments, Part 1 – Design and Part 2 – Construction.

                   The easement shall be registered with the Land and Property                       Information Division of the Department of Lands prior to the issue of                    an Occupation Certificate. A copy of the registered easement for              drainage is to be submitted to the Certifying Authority and Penrith                  City Council, if Council is not the Certifying Authority.

Amend Condition 71 to read as follows:

2.5     On-site detention systems shall be provided on each lot to restrict stormwater discharges from each site to pre-development flows. The systems are to provide for all storms up to and including the 1% AEP event. In addition, positive covenants shall be registered on each lot for the on-site detention systems before an Occupation Certificate is issued for the development.

                   Engineering details and supporting calculations for the on-site                       detention systems are to be prepared by a qualified                                           Hydrologic/Hydraulic Engineer and are to accompany the                                     Construction Certificate application for the development in the form            of an Engineering Construction Certificate.

                                      {Note: If Penrith City Council is the Certifying Authority for the                                       Construction Certificate for the entire development on the site, the                                  Construction Certificate application fee shall include the fee for the                                 On-Site Detention System.}

                                      On-site detention system levels are critical and should be carefully                                   checked prior to construction to ensure they are built in accordance                                with approved plans and will have the required volume of storage.

                                      Submission of WAE plans

                                      On completion of the on-site detention systems, Works-As-Executed                                       (WAE) plans, prepared by a registered surveyor or the design                                        engineer, are to be submitted to the Principal Certifying Authority. If                                Penrith City Council is not the Principal Certifying Authority, a copy                               of the WAE plans is to be submitted to Council prior to occupation.                                The WAE plans are to be certified by the designer of the system and                              are to clearly make reference to:

§ the works having been constructed in accordance with the approved plans, and

§ the actual storage volumes and orifice sizes provided, and

§ any variation to the approved design and required remedial works, and

§ the anticipated performance of the system with regard to the design intent.

                                      Registration of Positive Covenant

                          Before an Occupation Certificate is issued for the development,                                      positive covenants shall be registered on each property for the on-site                             detention systems in the following terms…

Amend Condition 79 to read as follows:

2.6     The blind aisle for the residential garages shall be amended to include a 1m extension for turning manoeuvres in accordance with the requirements of AS 2890.1. Single garages within each lot shall comply with Penrith Development Control Plan 2006 for full door opening (i.e. 3.2m x 5.4m).

Add new Condition 89A as follows:

2.7     Prior to the issue of a Subdivision Certificate, the original linen plan of subdivision and ten (10) copies shall be submitted to the Principal Certifying Authority.

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

                   All dedications of roads/drainage are to be undertaken at no cost to             Penrith City Council.

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

·      The location of all buildings and/or other permanent improvements shall comply with any statutory boundary clearances or setbacks as defined by the Building Code of Australia and Council’s resolutions.

·      All existing services are wholly contained within the lot served and/or covered by an appropriate easement.

Add new Condition 89B as follows:

2.8     Prior to the issue of a Subdivision Certificate, an 88B Instrument in accordance with Section 88B of the Conveyancing Act 1919 shall be submitted to the Principal Certifying Authority with the linen plan of subdivision. The 88B Instrument shall address all necessary easements, restrictions and covenants.

                   Where appropriate, Council shall be nominated as the only authority            permitted to modify, vary or rescind relevant easements, restrictions             and covenants.

Add new Condition 89C as follows:

2.9     Prior to the issue of a Subdivision Certificate, the following service authority clearances shall be submitted to the Principal Certifying Authority:

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

·      A letter from Integral Energy stating that satisfactory arrangements have been made for electricity supply to all proposed allotments in the subdivision, including any necessary easements; and

·      A letter from an approved telecommunications service provider that satisfactory arrangements have been made for underground telephone services to all proposed allotments in the subdivision, including any necessary easements.

Add new Condition 89D as follows:

2.10   A Subdivision Certificate is to be obtained prior to the release of the linen plan of subdivision. The Subdivision Certificate will not be issued if any relevant conditions in this consent are outstanding.

Amend Condition 93 to read as follows:

2.11   The commitments listed in the BASIX Certificate for the dwellings (Certificate No. 236929M_02, dated 24/3/10), and forming part of the development consent, are to be implemented and maintained during the life of the dwellings. Where the commitments require replacement, the replacement must be identical to or at a higher star rating to that listed in the BASIX Certificate.

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

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

Councillors Tanya Davies and Mark Davies abstained from voting on this matter.

18      Development Application DA10/0667 - Proposed Music Event to be held 18 September 2010 and annually for a five (5) year period - Sydney International Regatta Centre - Lot 21 DP 1092147 (No. 152-233) Old Castlereagh Road, Castlereagh. Applicant: Q-Dance Australia;  Owner: Department of Planning                                                                      DA10/0667

286  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Jim Aitken OAM

    That:

1.   The information contained in the report on Development Application DA10/0667 - Proposed Music Event to be held 18 September 2010 and annually for a five (5) year period - Sydney International Regatta Centre - Lot 21 DP 1092147 (No. 152-233) Old Castlereagh Road, Castlereagh is received.

2.   Development Application 10/0667 seeking consent for a Music Event to be held on 18 September 2010 and annually for a five (5) year period at Development Application DA10/0667 - Proposed Music Event to be held 18 September 2010 and annually for a five (5) year period - Sydney International Regatta Centre - Lot 21 DP 1092147 (No. 152-233) Old Castlereagh Road, Castlereagh be approved subject to the following conditions:

2.1       The development must be implemented substantially in accordance with the stamped-approved plans issued by Penrith City Council, the application form  and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

2.2       This consent permits the running of a one day annual music event to be held in September for a period of five (5) years. This consent is limited to a period of 5 years from the date to which the consent operates.  Should the applicant wish to continue beyond this number, a separate application for development approval, demonstrating compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

2.3       At least sixty (60) days prior to the event occurring on an annual basis updated and site plans, management plans, structural certificates and other supporting documentation are to be submitted for Council’s consideration.

2.4       All entertainment and trading including the operation of a PA and speaker system is to cease at 11:00pm on the day of the event (to allow background noise levels to be achieved prior to midnight).

2.5       The development shall comply with the provisions of the Building Code of Australia at all times, with respect to smoke and flame index of materials, emergency lighting, exit signs and fire fighting facilities.

2.6        The development shall comply with the Environmental Planning and Assessment Act, 1979 at all times.

2.7        The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

2.8        Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the sites. This is to apply to parking areas, access roads and within the event site.

2.9       Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and action agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

2.10     All emergency services and key agencies involved in providing services for this event should also be provided with a copy of the site plan at least two (2) weeks prior to the event. This includes local Police, Fire, Ambulance, Hospital and transport providers.

2.11     Access and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”.

2.12     The temporary tent structures and stages, when erected, are to fully comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council prior to the event, certifying the structural adequacy of the structures.

2.13     Emergency lighting and illuminated exit signs shall be provided in the tent in accordance with Australian Standard AS 2293.1–2005, with certification submitted to Council prior to the event.

2.14     All electrical services shall comply with Clause NSWH102.14 of the Building Code of Australia with certification submitted to Council prior to the event.

2.15     The event structures are to be inspected by Penrith City Council at least 48 hours before the event operates for the public. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

2.16     Further details of the Emergency Management Plan shall be submitted to Council prior to the event. The details are to include a list of the Wardens for the event, the chain of command and interaction with the emergency services who will be present for the event, and a sequence of events to detail the actions that would be taken in the event of an emergency.

2.17     The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

2.18     Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001, with certification submitted to Council prior to the event.

2.19     Two NSW Rural Fire Service Category 1 fire trucks are to be provided on the site, one at the eastern end and the other at the western end.

2.20     Access to the site for the NSW Fire Brigades is to be made available from the eastern end and from the western end of the site, to the satisfaction of the Brigades.

2.21     A sign is to be displayed in a prominent position in the tent that specifies the following:

            -     The maximum number of persons, as specified in the development consent, that are permitted in any part of the building used as a place of public entertainment;

            -     The name, address and telephone number of the council of the area in which the building is located.

Penrith City Council

Civic Centre

601 High Street

Penrith NSW 2750

PO Box 60

Penrith NSW 2751

(02) 4732 7777

2.22     Emergency vehicle access to the site through McCarthys Lane is maintained at all times.

2.23     Notification to the relevant bodies of any changes in current planned usage of pyrotechnics.

2.24     Notification to the relevant bodies of any changes to planned sphere of operations of the helicopter, including refuelling.

2.25     Bins are to be provided at Penrith Station and removed at the conclusion of the event. The area utilized by the event at Penrith Station is to be satisfactorily cleaned to that of pre-event conditions.

2.26     Appropriately places barriers are to be used to direct the pedestrians towards the bus entry point at Penrith Station.   

Transport Management

2.27     The Transport Management Plan for the class 2 event be endorsed subject to the event obtaining appropriate Roads and Traffic Authority and Police Approval, with subsequent Traffic Management Plans being resubmitted to the Local Traffic Committee a minimum of three months ahead of each annual event.

2.28     Sydney International Regatta Centre submit the Transport Management Plan for the event to the Roads and Traffic Authority for approval prior to the event.

2.29     The organisers submit a final Traffic Management Plan to Council, the Roads and Traffic Authority and Police for information purposes a minimum of six weeks prior to the event being held.

2.30     The organisers obtain separate Roads and Traffic Authority approval.

Infrastructure

2.31     Prior to the event commencing a performance bond is to be lodged with Penrith City Council annually for the existing pavement and associated civil infrastructure along the access road from the roundabout at Coreen Avenue to the development site.

2.32      The value of the bond is to be $5000 and will be administered in accordance with Penrith City Council’s Bond Policy.

2.33      Note:

2.34      Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

2.35     Prior to the event commencing a dilapidation report of all Council owned infrastructure along the access road from the roundabout at Coreen Avenue to the development site is to be submitted to Penrith City Council annually.  The report is to include, but not limited to, kerb and gutter, pavement, street trees, sign posts and any civil infrastructure associated with the access road.  The dilapidation report is to be undertaken in consultation with Penrith City Council.  Please telephone Council’s City Works Department on 4732 7777 to arrange an inspection prior to compilation of the dilapidation report.

2.36     Prior to the refund of the performance bond, any damage to Council infrastructure not identified in the dilapidation report, as a result of the development shall be restored under the supervision of Penrith City Council.  An inspection is to be undertaken by Penrith City Council’s City Works Department prior to commencement of restoration works.  Please telephone Council’s City Works Department on 4732 7777 to arrange an inspection.

Toilets

2.37     Temporary sanitary facilities shall be provided for the event, with the number of facilities in addition to the permanent facilities available in the buildings, determined in accordance with Table F2.3 of the Building Code of Australia.

2.38     The provisions of toilets to the event are to comply with Supplementary information from Anna Christie dated 9th August 2010.

2.39     An adequate supply of potable water must be supplied with respect to toilet, shower and refreshment facilities (non-potable water should not be used without prior approval).

2.40     Entrances to toilets should be well lit and clear of all screening to allow surveillance by the public, staff and security. This increases patrons’ sense of safety and decreases the likelihood of inappropriate activities occurring in the toilets (e.g. drug trafficking and use).

2.41     All toilets including portable toilets are required to be cleaned as appropriate.

2.42     Ensure that the effluent from the portable toilets is removed off the site to an appropriate facility to accept such waste. The waste shall be transported and disposed of by appropriately licensed facilities.

2.43     Portable toilets are to be provided at Penrith Station.

Noise

2.44     Noise levels from the premises shall not exceed the relevant noise criteria detailed Sound Management Investigation and Sound Management Plan 2010 Defqon 1 Festival – Issue E - prepared by Auditoria dated 06 August 2010. The recommendations provided in the above-mentioned acoustic report shall be implemented and incorporated into the design, construction and the conducting of the event. Prior to the event, a certificate is to be obtained from a qualified acoustic consultant certifying that the event has been designed and constructed to meet the noise criteria in accordance with the approved acoustic report. This certificate is to be submitted and approved by Council three (3) days prior to the event.

2.45     In addition to the noise monitoring positions outlined in section B.9.1 of the and Sound Management Plan 2010 Defqon 1 Festival – Issue E - prepared by Auditoria dated 06 August 2010, an additional noise monitoring position is to be located to the east of the site.

2.46     Sound limiter equipment is to be used for all sound amplification systems used as part of the event. The sound limiter equipment is to be set and locked by a qualified acoustic consultant at a level which ensures that the compliance criteria set in the Sound Management Plan 2010 Defqon 1 Festival – Issue E - prepared by Auditoria dated 06 August 2010 are met at all times.

2.47     Noise monitoring is not to cease until the end of the soft close period at 11pm.

2.48     Noise generated by the activity after 10pm is not to exceed the Sleep Disturbance Criteria provided in the Environmental Protection Authorities Industrial Noise Policy. In the event that the continuous noise monitoring detects any exceedance, the noise levels are to be reduced immediately.

2.49     A noise complaint hotline by the event organisers is to be made available to the surrounding area in case noise nuisance occurs. Any complaints are to be reported to the event manager and where necessary action is to be taken to resolve the noise nuisance. The event manager if so required by an authorised officer, the acoustic consultant or the NSW Police Force, must have the authority to order the reduction of noise level produced.

2.50     The services of a suitably qualified consultant is to be engaged to conduct noise testing during the event and provide an Event Acoustic Report to be submitted to Penrith City Council within sixty (60) days of the event.

2.51     The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise, New South Wales Environment Protection Authority Industrial Noise Source Policy 2000 and the Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009.

2.52     Noise testing is to be conducted and included in the Event Acoustic Report provided to Penrith City Council at specified testing locations as outlined in Sound Management Plan 2010 Defqon 1 Festival – Issue E - prepared by Auditoria dated 06 August 2010.

2.53     Noise testing is to be conducted during the event at the receiver locations used to determine the Rating Background Levels for Mt Riverview, Yellow Rock, Cranebrook – Residential, Cranebrook – Rural, Waterside Estate, Emu Heights.

2.54     This monitoring is to be undertaken a minimum of twice during the daytime period and twice during the evening period at each of those locations. Daytime and Evening are periods as defined by the NSW Industrial Noise Policy. In addition the noise testing is to have consideration to Amenity and Intrusive Noise as defined in the Industrial Noise Policy.

2.55     Should the noise testing identify any amenity and/or intrusive noise related concerns, then these are to be communicated to the event organiser as soon as possible and immediate action must be taken to resolve these concerns. Details of this compliance noise testing and any concerns raised and action taken are to be included in the Event Acoustic Report.

2.56     The noise readings are to be measured at all points in accordance with the New South Wales Environment Protection Authority Industrial Noise Source Policy 2000 and Sound Management Investigation and Provisional Sound Management Plan – prepared by Auditoria dated 11 August 2009. The readings are to additionally comply with Australian Standard AS1055.2 Acoustics- Description of measurement of environmental noise.

Helicopter Flights

2.57     The Helicopter Flights are to be conducted over a period of no longer than specified hours of operation being within 10am and 5pm on the day of the event.

2.58     The Helicopter Flights are to undertaken in accordance in the letter from recommendations from HeliAust reference (Defqon1 18/9/10) received 6/9/10 and must comply with all the relevant Legislation and Australian Standards. Any changes to the approved flights are to be provided to Council for consideration.

Food Safety

2.59     To comply with Clause 4 of Food Safety Standards 3.2.2 each temporary food business is to notify food business details to the NSW Food Authority prior to the commencing any food handling operations.  This may be completed on the Food Authority website (www.foodauthority.nsw.gov.au)

2.60     To ensure that the temporary food business meet with the requirements of Food Safety Standards 3.2.2 and 3.2.3, the food stall operators are to comply with the requirements of the NSW Food Authority’s guidelines “Food Handling Guidelines for Temporary Events.”

2.61     All temporary food outlets must complete and return Council’s “Application to Sell Food” form at least 48 hours prior to operating.

2.62     Solid and liquid waste storage and disposal must be carried out in accordance with the Local Government Act 1993 and Protection of the Environment Operations Act 1997.

2.63     Food premises, stalls or food vending vehicles must have hand washing facilities supplied with warm water, with liquid soap and paper towel.  Potable water must be used for hand washing.

2.64     Food premises, stalls or food vending vehicles must have a temperature measuring device onsite that is capable of measuring to +/-1°C.

2.65     Food products are required to be stored in vermin and insect proof storage areas. All foods are to be protected and covered.

Safety and Security

2.66     The final Crowd Management Plan is to be provided to Council prior to the event.

2.67     During bump in and bump out periods that occur prior to and following the event, the applicant should ensure all equipment and staging materials are appropriately secured to reduce opportunities for malicious damage and theft.

2.68     The applicant must provide a combination of security personnel and paid Policing for the duration of the event. This includes 365 security guards on the island, in addition to the development of a security and crowd management plan for the Penrith Bus Interchanges and adjoining precincts.

Drug and Alcohol Management

2.69     ‘Sniffer dogs’ should be provided as proposed to assist in drug detection at the event. Training should also be provided for security and event staff to assist in the detection of drug-induced intoxication.

2.70     The guidelines contained in the Alcohol Management Plan must be adhered to by security and event staff to promote responsible consumption of alcohol and minimise opportunities for alcohol-related antisocial behaviour to occur.

2.71     Security personnel must be provided at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

2.72     Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

2.73     Eskies shall not be permitted into the event.

2.74     Bags shall be searched upon entry in accordance with the ‘Entry Patron Search’ procedures provided by the applicant.

2.75     Alcohol must not be brought in to the event, but must only be purchased on site from the licensed vendors.

2.76     Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

2.77     Free water must be provided at all bar areas and bottle refilling stations.

2.78     All staff must be RSA trained and all appropriate lighting signage must be displayed at all bar areas.

Crowd Management

2.79     The Crowd Control procedures provided in the Security Management Plan must be adhered to by security and event staff throughout the event.

2.80     Event organisers must be able to communicate with the crowd both for public announcements and in emergencies.

Major and Medical Incidents

2.81     The ‘Medical Major Incident Plan’ and ‘Medical Plan’ provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency. 

2.82     Records should be kept of all incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken. 

Emergency Response Plan

2.83     The ‘Emergency Response Plan’ provided by the applicant must be followed by all event staff and as indicated, circulated to key emergency services for comment. In addition to the plan, a scenario planning workshop has been scheduled and should be conducted annually prior to the event. It will provide an opportunity to consider logistics and the interplay of various operational teams – security, medical, event management, traffic and the police.

Temporary Fencing

2.84     Temporary fencing around the perimeter of the lake edge should be staffed by security personnel, as proposed by the applicant, to minimise the risk of people entering or throwing objects into the water.

2.85     If security gates are proposed to control access, emergency service providers such as Police, Fire Brigade and Ambulance will need to be liaised with to ensure they can gain access.

2.86     Fencing design should maximise natural surveillance to reduce the likelihood of crime being committed.

Lighting and Power

2.87     Lighting is to be provided within the car park at Penrith Station for the duration of the event.

2.88     Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stages.

2.89     Generators should be installed to provide light in a power outage and to power the public address system. The latter may permit directions to be given to spectators in a power failure, thereby alleviating panic.

2.90     Access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies.

2.91     A team of certified electricians must be available on-site for the event.

2.92     Adequate lighting is provided so as to enable Police, Security and

2.93     Medical staff to monitor activities and respond where required during the event.

Signage

2.94     Clear signage should be displayed throughout the event to clearly indicate entry/exit points, public transport locations, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

2.95     All signage associated with the event shall be removed upon completion of the event.

3.     Those persons who have made a submission be advised of the determination.

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

RR 1          Bus Shelter - Mulgoa Road & Fairlight Road, Mulgoa                                         

Councillor Tanya Davies requested a report to the Local Traffic Committee investigating the location of a bus shelter at the corner of Mulgoa and Fairlight Roads, Mulgoa, as there are concerns about the shelter being situated in a less than safe location.  Councillor Davies also requested that an onsite meeting be held with Council officers, residents and herself at approximately 8.20 am to view the situation.

RR 2          Access to Penrith Mazda site from Mulgoa Road, Penrith                                    

Councillor Greg Davies requested an update on a previously requested report on reasons for allowing access to the Penrith Mazda site on Mulgoa Road, Penrith.

RR 3          Wireless Towers – Internet Broadband Access                                                      

Councillor Prue Guillaume requested a report to Council investigating how many wireless towers may have to be built in the Penrith LGA, to accommodate internet broadband access, if the Coalition wins the Federal Election on 21 August 2010, and who would act as the consent authority for such development.

UB 1           Leave of Absence                                                                                                     

Councillor Karen McKeown requested Leave of Absence for the period 17 August 2010 to 21 September 2010 inclusive.

287  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as an urgent matter.

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

288  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that Leave of Absence be granted to Councillor Karen McKeown for the period 17 August 2010 to 21 September 2010 inclusive.

UB 2           Leave of Absence                                                                                                     

Councillor Ross Fowler OAM requested Leave of Absence for the period 3 September 2010 to 21 September 2010 inclusive.

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

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

290  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Leave of Absence be granted to Councillor Ross Fowler OAM for the period 3 September 2010 to 21 September 2010 inclusive.

UB 3           Passing of Ruth Hutchens and Sister Mary Louise’s mother                                

Councillor Jackie Greenow advised the meeting of the passing of Ruth Hutchens and Sister Mary Louise’s mother and requested that letters of condolence from the Mayor be sent to their families.

UB 4           Fundraising Event for Guide Dogs Society                                                             

Councillor Jackie Greenow requested that an amount of $550  be allocated, in equal amounts from each Ward’s voted works to cover the cost of hiring the St Marys Memorial Hall for the fundraising dance for the Guide Dogs Society to be held on 10 September 2010.

291  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as an urgent matter.

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

292  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM that an amount of $550 be allocated, in equal amounts from each Ward’s voted works to cover the cost of hiring the St Marys Memorial Hall for the fundraising dance for the Guide Dogs Society to be held on 10 September 2010.

UB 5           Fundraising Event - Penrith Carer Car                                                                    

Councillor Ross Fowler OAM requested that an amount of $1,000 be allocated, in equal amounts from each Ward’s voted works to cover the cost of a table of 8 at the Rotary Club of Nepean’s fundraising event for the Penrith Carer Car, to be held at Penrith Paceway on 28 October 2010.

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

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

294  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an amount of $1,000 be allocated, in equal amounts from each Ward’s voted works to cover the cost of a table of 8 at the Rotary Club of Nepean’s fundraising event for the Penrith Carer Car, o be held at Penrith Paceway on 28 October 2010.

UB 6           Letter of Condolence – Bill Ball                                                                               

Councillor Greg Davies advised the meeting of the passing of Bill Ball and requested that a letter of condolence from the Mayor be sent to his family.

2        Commercial Matter - Sale of Lemongrove Gardens Hostel and Lemongrove Retirement Village                                                                                                                                 

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

CW2 That:

1.     The information contained in the report on Commercial Matter - Sale of Lemongrove Gardens Hostel and Lemongrove Retirement Village be received.

2.     Council agree to the sale in accordance with the figures and conditions as outlined in the report.

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

3        Legal Matter - Permanent Road Closures of Malabine, Nardu & Baronesa Lanes, South Penrith to Adjoining Owners                                                                                              

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

CW3 That:

1.     The information contained in the report on Legal Matter - Permanent Road Closures of Malabine, Nardu & Baronesa Lanes, South Penrith to Adjoining Owners be received.

2.     Council approve the sale of land to the adjoining owners of Malabine, Nardu & Baronesa Lanes South Penrith as outlined in the table contained within the report.

3.     Council finalise the permanent road closures of Malabine, Nardu & Baronesa Lanes, South Penrith.

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

Ordinary Meeting

6 September 2010

A City of Opportunities

RECOMMENDATION

That the Mayoral Minute on St Marys Children's Centre wins Business Award 2010 be received.

Ordinary Meeting

6 September 2010

A Liveable City

RECOMMENDATION

That the Mayoral Minute on Ripples St Marys Leisure Centre wins Business Award 2010 be received.

Ordinary Meeting

6 September 2010

A Green City

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillor Greg Davies, community representatives John Kliese, Trevor Robey, Patricia Ryan and Andrew Wilcox

IN ATTENDANCE

Alan Stoneham – General Manager, Barry Husking – Director/Chief Financial Officer, David Burns – Group Manager, Brian Steffen – Group Manager Information & Customer Relations, Emma Whale – Communications Officer, Andrew Moore – Financial Services Manager and Amanda Morahan – Waste Education Officer.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kath Presdee for the period 11 July 2010 to 15 July 2010 inclusive.

APOLOGIES

An apology from Councillor Tanya Davies was accepted.

CONFIRMATION OF MINUTES - Waste Services Committee Meeting - 13 May 2010

The minutes of the Waste Services Committee Meeting of 13 May 2010 were confirmed.

1        Waste Management Services                                                                                            

The Council’s Group Manager – City Presentation, Mr David Burns introduced the Report and opened the meeting.

Patricia Ryan asked about the site visit to the SITA Facility at Kemps Creek. Amanda Morahan responded by saying that a booking has been tentatively made for Tuesday 27 July 2010 at 9am.  This will be confirmed by email to Committee members.

1.      Provision of an optional weekly 140L red lid residual waste bin service.

The provision of the optional weekly service commenced on 12 March 2010.  Requests for the weekly service has slowed down considerably with 8.4% of residents taking up this option and 4.3% opting for the larger fortnightly option instead.

Cr Davies asked if the change to weekly service was remaining at a stable rate.  Amanda Morahan responded that it was and that since the rate notices had gone out there has been about a dozen households changing back to the fortnightly 140L red lid bin service.

2.       Provision of Biodegradable bags

Council’s delivery contractor, PMP, completed the delivery of the initial 3 month supply of the biodegradable bags with some minor problems with the distribution.  PMP was unable to deliver to all households, and as such 1,985 bags were posted out at a cost of $5160.00.

Issues arising include:

·    To date, 301 households (0.6%) phoned to get the bags as they were not delivered to them and out of these 170 bags were posted at a cost of $448.00.

·    Some residents have noted that the bags were too small for the kitchen tidy bin – (the bags were passed around the table so that the committee could see the size difference in the current bag and the bags that will be delivered over the next twelve months, commencing in September.)

·    Shrinkage when fitted to the kitchen tidy bin

·    Bag collapses in the kitchen tidy bin

·    Insufficient number of bags delivered (three bags per week)

John Kliese enquired if the bags would be increased in number to residents in the warmer weather.  David Burns advised that when the new supply of bags is delivered, residents will be provided with 80 bag packs each quarter.

Andrew Wilcox enquired if the sample was of the thicker bag. David Burns responded that after the evaluation panel tested the two strengths, there was no notable difference in the bags and the bags to be supplied will be 18mm thick.

Tender for Supply and Distribution of Bio Degradable Bags.

Tenders for an additional 12 months supply of biodegradable bags are currently being considered and will be reported to Council’s Ordinary Meeting of 19 July 2010.

David Burns advised that the preferred tender for supply is Because We Care Pty Ltd, and distribution by PMP Limited.  He also explained that it may be 6-8 weeks for the manufacturer to produce the order and to provide certification for the bags to pass the Worm Toxicity Test. In this time the Council will negotiate the distribution process. The initial cost of these bags is $972,000 for supply and $90,000 for distribution.

Supplies of additional bags are being provided to residents who have run out of bags previously distributed, through Libraries and Council offices.

Barry Husking advised that a true figure of the cost of supply and distribution of the bags could be done by a further report to the committee at a later stage.

John Kliese asked if there was an opportunity for outside retailers to sell the bags to residents after the initial 12 month supply by Council.

David Burns replied saying at this stage the only bags available for use will be through Council and this is due to the fact that SITA at this stage only recognise the colour and print on the bags at their SAWT facility and have added additional labour to the facility to manage these bags.  He has also looked into the Target bags and even if they do comply with the worm toxicity test and AS 4736, at this stage should only be used in the red bin, because they cannot be identified at the SAWT facility and they are of a large size. There is potential for the supplies of Council’s approved bag, or other suppliers to market the bags through local retailers.

3.       Reviewing the Design of Bin Lids

David Burns reported that McGregor Environmental Services were engaged to conduct an audit on the condition of the red and green lids.  The red-lidded residual bins were new, whereas the old garbage bins were retro-fitted with green lids.

A random sample of 300 residual bins and 2000 organics bins was conducted.  The audit was conducted over a four day period and needed to address the issue of whether the bin lid seal was compromised, resulting in fly strike.

The audit identified five different brands of bins, including Schaefer, Waste Master with the most common being the Sulo brand where the retro-fitting of lids was performed. There were no issues with the red-lidded bins and the lids sealed properly.  The green lidded organics bin lids produced a 5.2 percentage of bins in a condition that could potentially increase fly strike.

Funding is available in this financial year to replace damaged Schaefer and Waste Master bins.

Trevor Robey asked what do residents have to do to get a bin replaced.  Amanda Morahan responded they call the Waste Hotline number and bins should be replaced within a week.

4.       Odour Control and the use of suitable insecticide products

David Burns advised the committee that Bin Kill is being used by Lismore City Council.  Council had a toxicology report done by a toxicologist from the University of Western Sydney and detailed the dangers of the Bin Kill product.

The toxicology report noted that if Council were to endorse this product there would be a list of recommendations relating to the product that would need to be provided. The product is currently readily available for purchase from retailers.

 It was therefore determined that Council should not promote this product.

5.       Extra Services at Christmas time.

David Burns advised the committee that discussions have taken place with both contractors, SITA and Visy, and suggestions have been made on ways that additional services could be provided during the Christmas period.

There is potential for both the garbage and recycling collection contractors to provide additional bin collections for residual waste and recyclables during the week after Christmas Day.  The following issues need to be taken into consideration:

·    The majority of residual waste collections and recycling collection services are performed fortnightly and in order to give everyone the opportunity to receive the benefit of an additional service it will need to be performed over two weeks in the “off” week period only.  This would mean, however, that the additional collection for some residents would not occur until the week after Christmas.

·    The contractors have two options logistically that need to be considered to perform this service.  Once the normal service has been completed the entire fleet would then be utilised to perform services for those residents in the “off” week of the fortnightly program.  This would require the service to be performed outside the hours nominated under the contract. 

·    Drivers who have completed one shift would not be permitted to perform another (due to occupational health and safety issues); therefore, additional staff would have to be sourced and trained to carry out this work. 

·    The disposal of waste and recyclables may be an issue, given that the disposal facilities may not be open during the time of the second shift.  Both garbage and recycling trucks perform around two to three loads per shift. 

·    A rough estimate on the cost to perform the additional services would be based on double the weekly transport and disposal costs.  The total transport cost is estimated to be approximately $90,000 and a disposal cost of around $80,000, depending on the amount of waste generated.

·    To save on costs, a reduced number of vehicles could be utilised to perform the double-shift program, this depends on the number of residents participating in the service.

Andrew Moore noted that the cost of this would cost approximately $3.50-$4.00, which would need to be added to the domestic waste charge next financial year. This financial year would have to be covered by the waste reserve.

Drop Off Centres

At least two drop off centres would need to be provided, ideally one in Penrith and the other in St Marys.

Use of large bulk bins would be required to receive waste.

Each site would need to be secure and provided with 24 hour monitoring to control incidents of illegal dumping, and would need to be strategically located and controlled, taking into consideration, traffic, noise, odour and occupational health and safety issues. Residents would also have to separate their waste and have separate collection points in the drop off centre for the collection of the three streams of waste.

Cr Davies commented that the drop off centres may result in dumping by residents and preferred to have the extra pickups at a small cost to residents.

Patricia Ryan commented that they would probably need to run the drop off service over a one month period over Christmas, and the need to look at the cost effectiveness of both options.

To look at either of these proposals the contractors would need four to six months lead time in order to source additional plant and labour. 

A motion was put forward by Trevor Robey to liaise with contractors to put these options in place as soon as possible. 

6.         Investigate options for the collection of medical, e-waste and foam packing.

On 5 November 2009 the Federal Government released its National Waste Policy.  Some key elements of the Policy include product stewardship and development of a National Waste Report.

Governments have agreed that televisions and computers will be the first products to be covered under the co-regulatory arm of the framework legislation with householders able to drop off used televisions and computers for recycling free of charge at designated drop of centres. 

The framework legislation and the television and computer product stewardship arrangements are expected to be operational in 2011. David Burns recommended that Council’s policy be modelled on this framework.

Some Councils have initiated their own collection programs for e-waste.  Baulkham Hills, for example, has conducted four programs where residents can drop off their unwanted televisions and computers (e-waste) and these programs have been conducted at an approximate cost of $20,000 to $30,000 per event.  Baulkham Hills advise that up to 95% of the e-waste recovered was recycled.

John Kliese commented that it cost Blacktown $1000 per tonne and that last year they collected 44 tonnes.

Alan Stoneham commented that some retailers like Harvey Norman and Bing Lee ran a promotion to take old TVs and they received 40 pallet loads. Utilising a national e-waste scheme will see the cost borne by the manufacturers instead of Penrith City Council.

7.       Communications and education program for the community.

Advertising

Brian Steffen commented on communication and advertising over the last three months.  He said that the advertising was themed as follows:

May Contamination

          “Let’s Kick Goals”

Contamination focus – what goes in your green-lidded bin?

Bin Audit – Green Organics Bin

Media Releases

June Bio Degradable Bags

                   “How to Use Your Kitchen Organics Bags”

July Green Bin - Organics

                   “Leave Your Green Bin Out Weekly”

Brian Steffen advised the communications department have organised Media Releases about the progress Council was making as well as other events such as the ACT Minister’s visit to Penrith Council. Brian Steffen also advised of information for residents being promoted in Mayoral columns and also internally to staff through updates from the General Manager to all staff by email.

The communications department will continue to promote the three bin service and positively reinforce residents with their efforts in the opportunities that arise. 

Shopping Centre Visits and Community Events

Amanda Morahan discussed the progress she has made visiting schools and community events.

Education activities at major shopping centres within the City - enquiries about waste service options have decreased, as have issues associated with the biodegradable bags.  The reduction in the number of enquiries from the community about waste service options and biodegradable bags is also supported through the number of enquiries being received at Council.  Public reaction has swung from some outrage and high dissatisfaction to indifference and satisfaction with their waste service.

More focus on delivering information to the community will be done through events and festivals in the coming months, including St Marys Spring Festival and other community events.  Community activities will be conducted during August and September to coincide with the next delivery of biodegradable bags.

School Education programmes – Keep Australia Beautiful were engaged in visits to 18 local primary schools in the local area and have run their Waste Watchers program with 1755 local primary school students.

School students were educated on issues associated with sorting their waste correctly into the three bin system, in addition to other waste education issues.

SITA and Council’s education staff have visited 5 after school childcare centres, 3 preschools and 2 school groups have attended SITA Education Centre for SAWT tours.

There has been a shift in the enquiries received by the public attitude from dissatisfaction and angry to satisfied and willing to give the 3 bin system a go.

Public are generally happy with the biodegradable bags and phone calls have decreased to the Waste Area. 

Patricia Ryan congratulated Amanda Morahan on an excellent job.

Brian Steffen said he is getting an assistant in advertising to review information and market research and is hoping to do a phone survey to see if there are any gaps in the three bin system.   Brian Steffen is also looking at doing this soon as it is 12 months since the three bin service was introduced.

Patricia Ryan suggested to hold of until the summer months.  Brian Steffen responded that this will be done late August early September.

Barry Husking said that this is done to gauge an understanding of the public reaction and awareness to the three bin service, and build on this in the lead in to the summer months.

Clr Greg Davies suggested that when the Mayor is out and about that he should be aware of what is happening with the organic material that has been used and where it is to be used next to promote himself and Council.

7.       Contamination Management

Organics Bin

The contamination management program involves the kerbside inspection of organics bins to identify whether the wrong material is being placed in these bins.  This was conducted over 20 different areas – one per day, five per week. Bins are inspected three times over a 12 week period.  When a bin is identified to have contaminated material a sticker is left on the bin and a letter is provided to the resident advising them of the contamination.  This process is conducted again in 4 weeks time and if contaminated another sticker is placed on the bin and a letter explaining the contamination is left in the letterbox. On the third time if the bin is still contaminated the bin is not emptied until the resident removes the contaminated material.

Stage 3 of this program commenced on Monday, 28 June 2010, with encouraging results.  In the first four weeks of the program 1,919 bins were stickered. To date in Stage 3 of the program, only 42 bins have not been emptied due to contamination.

The contamination management program to this stage has only covered part of the City area in areas considered to have higher contamination rates.

SITA has advised that from visual examination of the organics processed at the SAWT facility there would appear to be no significant change in contamination.  This, however, may be deceiving given the reduced volume of garden organics being produced at this time of the year. 

SITA, however, intend to conduct an audit of the organics in the coming few weeks to determine the contamination level.

Trevor Robey asked what happens if the bin is not emptied.

Amanda Morahan stated that the resident will need to remove the contamination and call the Waste Hotline to have the bin collected. If they do not do this and the bin remains at the kerbside, Council will work through the contamination and bin issues on a case by case basis to achieve a solution.

Clr Greg Davies suggested a cost to resident for not doing the right thing be approximately

$10-00.

Residual Waste Bin

David Burns reported that the current negotiations with WSN to build an AWT facility in Seven Hills is unlikely to proceed. WSN agreed to provide tipping fees at Eastern Creek at rates less than the full rate.  These rates, however, will increase over the next three years until they reach the full rate.  Council legal advice has been that we cannot accept this offer and continue this relationship.

Therefore, Wright Corporate Strategy has been engaged to develop tender documents for the processing, treatment and/or disposal of waste generated from the residual bin.  This will include all residual waste from the two and three bin systems throughout the City.  It is anticipated that tenders will be called in September 2010.

Since the original tender in 2007, there have been significant changes in the waste industry. David Burns outlined these changes as follows:

·    Seven of the fourteen facilities that are operating with municipal waste are said to be struggling to meet technical performance expectations and there are indications of contractual stresses; i.e., half of the municipal waste of alternative waste treatment facilities are under some form of duress and not delivering on expectations.

·    in less than ten years from now putrescibles landfill capacity in Sydney will be exhausted.

·    Both Eastern Creek and Woodlawn landfill facilities have recently exceeded their annual tonnage caps for waste receival on more than one occasion.

·    The sale of WSN presents a major uncertainty in the market with concerns about the timing for completion of the sale, the identity of the buyers and the intention of the buyers in dealing with assets.

·    There has been a delay in the full production capacity at the WSN Jacks Gully mixed waste processing facility; i.e., the only provider capable of supplying both the disposal and beneficial processing services has been removed from the market and this situation is unlikely to change in the foreseeable future.

·    The SITA facility at Kemps Creek has merchant capacity that remains unfilled after the letting of the Liverpool and Penrith contracts, thought to be in the order of 35,000 – 50,000 tonnes per annum.  This merchant capacity is for accommodation of both source separated organics and mixed waste and will be allocated by SITA on a first-come, first-served basis; i.e., it is highly probable that source separated organics feed stocks may be favoured over mixed waste feed stocks. It is expected that SITA will be a prospective tenderer.

·    The GRL facility at Eastern Creek is thought to have remaining merchant capacity in the order of 20,000 – 30,000 tonnes per annum, which additional capacity is unlikely to come on-stream without some capital injection;  i.e., GLR is unlikely to be a supplier of mixed waste processing in the short term.

·    The approved waste processing facility for Woodlawn is unlikely to commence whilst caps exist on landfill receivals and with the Clyde transfer station for this facility at capacity; i.e., in the short term Veolia is unlikely to fill the gap vacated by WSN as a supplier of both disposal and processing capabilities.

These issues present a high probability for Council to secure short-term waste disposal options at landfill of five years or less.  Under the State Government’s Waste Avoidance and Resource Recovery Strategy and in accordance with the Waste and Sustainability Improvement Payments program, councils must not enter into long-term arrangements (not exceeding five years) for the landfilling of its mixed waste. David Burns noted that depending on where the waste is taken for disposal or treatment may impact on the cartage costs paid to SITA under the current transport tender of the residual waste. David Burns will report back to Council as this issue proceeds.

A question was raised concerning the current tonnage of residual waste to landfill. Geoff Brown will report back to the next meeting of the Committee with this figure.

RECOMMENDED that the information contained in the report on Waste Management Services be received.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 15 July, 2010 be adopted.

Ordinary Meeting

6 September 2010

A City of Opportunities

APOLOGIES

Apologies were accepted from Councillor Prue Guillaume, John Farragher, Tricia Hitchen and Ben Felten.

CONFIRMATION OF MINUTES - Access Committee Meeting - 2 June 2010

The minutes of the Access Committee Meeting of 2 June 2010 were confirmed with the following amendment:

“GB2  Memo from Parks Manager regarding Glenmore Park Toilets

A memo from the Parks Manager which referred to issues discussed at the April meeting was handed out.  Members of the Access Committee were concerned that the memo did not provide additional information about the accessibility of toilets in Glenmore Park.”

Request that the matter be pursued with the Parks Manager.

1        Disability, Arts and Culture                                                                                               

Robyn Brookes spoke to the report and advised that it outlines the primary focus areas and describes the strategies and activities undertaken by Council.  The report also outlines the National Arts and Disability Strategy.

Since the Disability Arts and Culture Forum was held at the International Day of People with Disability 2009 celebrations a distribution list for a Penrith Disability Arts and Cultural network has been established.  A capacity building workshop was held on 29 July which was facilitated by Professor Helen Armstrong from the Centre for Cultural Research at UWS.  A survey has also been conducted to identify gaps and ideas for the future.

Some matters discussed at the Workshop included:

·    a music map for the area;

·    the possibility of space at neighbourhood centres and opportunities for partnerships;

·    quite a lot of organisations take people out of the area to arts and cultural venues;

·    transport is a key issue.

A meeting will be held next week to look at the outcomes for further progress and also a possible funding submission.

RECOMMENDED that the information contained in the report on Disability, Arts and Culture be received.

2        Productivity Commission Inquiry - National Disability Long Term Care and Support Scheme                                                                                                                                             

Robyn Brookes spoke to the report and advised that at the last meeting a summary of the issues paper was circulated.  The report identifies the key issues to form the basis for the development of Council’s submission to the inquiry.

Joe Ibbitson advised that the dot points on page 5 of the report are the key areas that have been identified at this stage in terms of Council’s submission.

The closing date for final submissions is 16 August 2010.

RECOMMENDED that the information contained in the report on Productivity Commission Inquiry - National Disability Long Term Care and Support Scheme be received.

3        Access Committee 2008-10 - End of Term Highlights                                                      

Joe Ibbitson presented his report on the Access Committee’s achievements over the past two years.  Page 8 of the business paper lists the key highlights during the period 2008-2010.  The primary achievement of the Committee is the completion of the Penrith Inclusion Plan – People with Disability 2009-2013 which incorporates over 80 actions to make Penrith more accessible and inclusive.  Another highlight was the selection of Councillor Greenow as a finalist in the Local Government category of the National Disability Awards in 2009.  Additional funding was received from the Department of Local Government to establish the new Disability Services Officer position.

Committee members advised other achievements included the ramp at the University of the Third Age (U3A) building and the entrance door to the Passadena Room in the Council Civic Centre.

RECOMMENDED that the information contained in the report on Access Committee 2008-10 - End of Term Highlights be received.

GB 1          Ageing, Disability and Home Care (ADHC) Consultation                                     

Robyn Brookes spoke to a letter received from The Hon Peter Primrose, Minister for Ageing, Disability Services, Volunteering and Youth.  The Minister hosted a series of consultations regarding the next stage of Stronger Together, which is being reviewed to see how it is progressing and suggestions for the future.  The document was circulated at the consultation and is available on the front page of the ADHC website.

GB 2          Draft National Disability Strategy                                                                           

Robyn Brookes advised that the draft National Disability Strategy has been released.

Erich Weller advised that the Access Committee made a brief submission about 12 months ago.  Erich Weller advised that the material will be reviewed and reported at the next meeting.  If the closing date is before the next Access Committee meeting members will be emailed.

GB 3          Pram Ramp on Marsden Road                                                                                

Ronda Hopkins raised the question of the footpath in Marsden Road and advised that to date nothing has been done.  It has been advised that it is illegal to use a pram ramp for a driveway.

Councillor Greenow asked Ronda Hopkins to email Joe Ibbitson the information regarding this matter so he can forward it on to the relevant department.

GB 4          Low Hanging Trees on Derby Street                                                                       

Sherille Stephens advised that on Derby Street between Castlereagh Street and Evan Street the trees hang low over the footpath.  The trees block out the light so that it is dark and difficult to see.

GB 5          Policy Review Committee meeting                                                                                     

Councillor Greenow advised that a report detailing the achievements of the Access Committee is presented to Council’s Policy Review Committee at the end of each term. Council officers write the report but usually one of the Committee members presents it to Council.  The Committee members also have dinner with Councillors.

Erich Weller advised that a report is likely to be presented to either the 30 August or 13 September Policy Review Committee meeting.

Councillor Greenow asked members to think about coming to the dinner and meeting and advise Council officers of their attendance.  It is a way to profile the Access Committee as well as letting people know what is happening.

Joe Ibbitson will send information out to Access Committee members before the Policy Review Committee meeting.  Erich Weller advised that the press would also be present at the meeting.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 4 August, 2010 be adopted.

Ordinary Meeting

6 September 2010

A Leading City

APOLOGIES

Apologies were received for Councillor Jim Aitken OAM and Councillor John Thain.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 August 2010

The minutes of the Policy Review Committee Meeting of 9 August 2010 were confirmed.

1        Paint the Town REaD

Children’s Services Development Officer, Karen Van Woundenberg introduced the report and invited Barbie Bates & Julie Jasprizza-Laus from Mission Australia, who gave a brief presentation on the initiative and sought Council’s support in partnering the program.                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Paint the Town REaD be received

2.     Council support the initiative “Paint the Town REaD” within existing resources available including the Annual Reading Day.

2        Youth Action Plan 2010-2013 - Outcome of Further Consultations

Community Programmes Co-ordinator, Tracy Leahy gave a brief introduction to the report and took questions from the Councillors.                                                                                                        

RECOMMENDED

That:

1.     The information contained in the report on Youth Action Plan 2010-2013 - Outcome of Further Consultations be received

2.     Council endorse the Youth Action Plan 2010–2013 at Attachment 1 for implementation.

3        Draft Public Spaces Closed Circuit Television (CCTV) - Code of Practice                    

RECOMMENDED

That:

1.     The information contained in the report on Draft Public Spaces Closed Circuit Television (CCTV) - Code of Practice be received.

2.     Council adopt the Draft Public Spaces Closed Circuit Television (CCTV) Program Code of Practice.

3.    All CCTV cameras under the ownership and operation of Penrith City Council be operated in accordance with the Public Spaces Closed Circuit Television (CCTV) Program Code of Practice.

4.   A further report be prepared detailing the:

·    Current annual cost of the existing Public Space CCTV Program.

·    Cost of the relocation of hard-drives, used to record and store camera footage to a central location within the Civic Centre, including upgrade of system infrastructure.

·    Feasibility of, and costs involved, with the retention of all CCTV camera footage from all sites.

·    Possibility of further sites in the Penrith LGA, including cameras at the War Memorial sites, determine costs and develop a prioritised implementation program.

·    Use of Mobile CCTV Cameras at identified hot spots.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 30 August, 2010 be adopted.

Ordinary Meeting

6 September 2010

A Leading City

1

Draft 2009-10 Financial Statements   

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that manages its finances, services and assets effectively (4)

Strategic Response

Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

Rates And Charges Written Off

$

General Rates

198,145.75

Extra Charges

7,774.80

Domestic Waste

$4,836.41

TOTAL

210,756.96

Pensioner Rebate Abandonments

$

General Rates     - Statutory

1,716,284.34

Domestic Waste - Statutory

511,968.64

TOTAL

2,228,252.98 

Sundry Debtor Abandonments

 $

Sundry Debtor

49,908.71

TOTAL

49,908.71

Stores & Materials Written Off

$

Stores and Tools

6,548.43

..43

TOTAL

6,548.43

RECOMMENDATION

That:

1.     The information contained in the report on Draft 2009-10 Financial Statements be received.

2.     Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The financial statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Code requires a phasing in of the new accounting requirements

b.   Apart from the non-recognition of land under roads as required by the phasing process, the statements comply with Australian Statements of Accounting Concepts

c.   The financial statements present fairly the Council's financial position as at 30 June 2010 and the operating result for the year then ended

d.   The statements are in accord with Council's accounting and other records.

3.     Pursuant to clause 215 of the Local Government Financial Management Regulation it is the Council's opinion that:

a.   The accompanying Special Purpose Financial report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The financial statements present a modelled scenario for comparative purposes. They do not report an actual result.

4.     Council confirms its endorsement of the budget in the knowledge that some of its business activities are not making commercial returns. The existence of notional subsidies represents Council’s commitment to its community service obligations.

5.     The Statements be forwarded to Council's Auditors.

6.     Abandonments for 2010 as detailed be written off.

7.     The balance of stores and materials be adjusted in the stores and materials registers in accordance with the various write-offs.

Ordinary Meeting

6 September 2010

A Leading City

2

2010 Local Government Association of NSW Annual Conference   

RECOMMENDATION

That:

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

2.     Council nominate its voting delegate to replace Councillor Robert Ardill.

3.     The two late motions on

·      ‘Privatisation of electricity providers’; and

·      ‘Tendering with respect to elected local government organisations’

be submitted for inclusion in the 2010 Local Government Association NSW Conference Business Paper.

4.     Council seek the support of Hunters Hill Council in respect to the proposed late motion on ‘Tendering with respect to elected local government organisations’ if this motion is included on the 2010 Local Government Association Conference agenda.

5.     Council note the foundations established for the formation of the One Association for local government arising from the One Association Convention held on 16 August 2010. 

1. View

Report to Ordinary Meeting of 1 February 2010

7 Pages

Appendix

2. View

Foundations of One Association Convention - 16 August 2010

8 Pages

Appendix

Ordinary Meeting

6 September 2010

Appendix 1 - Report to Ordinary Meeting of 1 February 2010

Ordinary Meeting

6 September 2010

Appendix 2 - Foundations of One Association Convention - 16 August 2010

Ordinary Meeting

6 September 2010

A City of Opportunities

3

Community Assistance Program 2010 - Rolling Component Projects Approved Under Delegated Authority  January - June 2010   

RECOMMENDATION

That the information contained in the report on Community Assistance Program 2010 - Rolling Component Projects Approved Under Delegated Authority  January - June 2010 be received.

Ordinary Meeting

6 September 2010

Development Applications

4

Development Application No. 10/0178 - Proposed detached dual occupancy at Lot 736 DP 717440 (No.1) Mount Close, Cranebrook   Applicant:  Mr R & Mrs H Davies;  Owner:  Mr R & Mrs H Davies    

DA10/0178

Clause 11

Minimum allotment size

650sqm

808sqm

Yes

Clause 12(3)

Building envelope

Unit A – two storey dwelling

Unit B – single storey dwelling

No (see comments below)

Yes

Clause 12(3)

Maximum external wall height

6.5m

Unit A = 5.5m

Unit B = 2.7m

Yes

Yes

Clause 12(3)

Landscaping

50%

57%

Yes

Clause 12(4)

Rear setback

Single storey = 4m

Unit B ranges from 0.93m to 5.58m

No (see SEPP 1)

Clause 5.2 (4) Articulation of external walls

Suggest a maximum length of 5m walls but it is flexible subject to design

Unit A – front 8.25m, rear 11m

Unit B – side (south) 14.5m and rear 7m

No (see comments below)

No (see comments below)

Clause 5.6 (4) Cut and Fill

Maximum 500mm

700mm

No (see comments below)

Clause 6.4 (6) Overhanging eaves

Minimum 450mm wide

Nil

No (see comments below)

RECOMMENDATION

That:

1.      The information contained in the report on Development Application No. 10/0178 - Proposed detached dual occupancy at Lot 736 DP 717440 (No.1) Mount Close, Cranebrook be received.

2.      The submitted SEPP 1 be supported.

3.      Development Application No DA10/0178 for the removal of trees, demolition of an existing dwelling and construction of a detached dual occupancy and associated landscaping be approved subject to the following proposed conditions:

Standard Conditions

3.1     A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A019 – Occupation Certificate

A043 - Air conditioner for existing dwelling

A046 – Issue of Construction Certificate

B001 - Demolition of existing structures

B002 - AS for demolition and disposal to approved landfill site

B003 - Asbestos

B004 - Dust

B005 - Mud/Soil

B006 - Hours of work

D001 – Sedimentation and Erosion Controls

D005 - No filling without prior approval

D006 - No filling without prior approval

D009 – Covering Waste Storage area

D014 - Plant and equipment noise

G003 - Section 73 Certificate

G004- Integral Energy

H001 – Stamped plans and erection of site notice

H002 - All forms of construction

H010 - Fill details (no cut)

H022 - Survey

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

L001 – General landscaping

L002 - Landscape construction

L003 - Report requirement

L004 - Bond for landscape works

L005 - Planting of plant material

L006 - AS requirements

L007 - Tree protection measures–no TMP with DA

L008 – Tree preservation order

L010 - Retain existing trees (no tree bond required

N003 - Section 94 contribution

N004 - Section 94 contribution

N005 - Section 94 contribution

N006 - Section 94 contribution

Q001F – Notice of Commencement & Appointment of PCA

Special Conditions

3.2     Reposition the stormwater line connecting Unit A to the street drainage system to avoid encroachment and damage to the critical root zone of the Poplar tree on the nature strip.

3.3     All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

3.4     All drainage works and works in the road reserve required to effect the consented development shall be undertaken at no cost to Penrith City Council.

3.5     Retaining walls higher than 900mm shall be designed, the construction supervised and certified by a suitably qualified structural engineer.

3.6     Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

3.7     The stacked carparking space for Unit B shall comply with the Australian Standard (AS2890.1-2004) for longitudinal grade of 5%. Evidence of compliance with AS2890 shall be submitted for approval prior to the issue of a Construction Certificate.

3.8     Prior to the issue of a Construction Certificate a Roads Act application, including payment of appropriate application and inspection fees shall be lodged with  Penrith City Council, as the Roads Authority, for the following works:

(a)     Provision of 2 vehicular crossings.

(b)     Provision of private drainage connection to Council’s road drainage system.

(c)     Removal of redundant vehicular crossings and reinstatement of kerb and gutter.

(d)     Opening the road reserve for the provision of services including stormwater.

(e)     Placing of hoardings, containers, waste skips, etc. in the road reserve.

(f)      Replacement of damaged kerb and gutter for the full property frontage.

All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve.  Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

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

(a)     Stormwater drainage

(b)     Sealed pavement for all areas of vehicular access.

Civil design drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

3.10   Stormwater drainage from the site shall be discharged to the street drainage system.

The ground surface in the courtyard of Unit B has a trapped low point in the vicinity of the rear sliding door of Unit B. The ground surface shall be graded to fall to the east and south or shall be drained with pit and pipe so as not to cause ponding.

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

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

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

3.12   The garage for Unit A shall comply with Council’s Development Control Plan – 2006 in that the double garage shall have a clear internal dimension free from obstruction of 5.8m.

3.13   The garage for Unit B shall comply with Council’s Development Control Plan – 2006 in that the single garage shall have a clear internal dimension free from obstruction of 3.2m.

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

3.15   Prior to commencement of works a Traffic Control Plan including details for pedestrian management,  shall be prepared in accordance with AS1742.3 “Traffic Control Devices for Works on Roads” and the Roads and Traffic Authority’s publication “Traffic Control at Worksites” and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller.

Traffic control measures shall be implemented during the construction phase of the development in accordance with the certified plan.  A copy of the plan shall be available on site at all times.

Note:  A copy of the Traffic Control Plan shall accompany the Notice of Commencement to Penrith City Council.

3.16   Prior to the Commencement of Works a dilapidation report of all Council owned infrastructure fronting the development in Waterfall Crescent and Mount Close is to be submitted to Penrith City Council.  The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

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

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

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

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

3.21   Prior to the issue of an Occupation Certificate any damage to Council infrastructure not identified in the dilapidation report, as a result of the development shall be restored under the supervision of Penrith City Council.  Any rectification works within Waterfall Crescent and Mount Close will require a Roads Act application.  The application is to be submitted and approved by Penrith City Council prior to such works commencing.

3.22   The footways shall be turfed for the full frontage of the site.

1. View

Locality Map

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix

3. View

Landscape Plan

1 Page

Appendix

4. View

Shadow Diagram

1 Page

Appendix

Ordinary Meeting

6 September 2010

Appendix 1 - Locality Map

Ordinary Meeting

6 September 2010

Appendix 2 - Site Plan

Ordinary Meeting

6 September 2010

Appendix 3 - Landscape Plan

Ordinary Meeting

6 September 2010

Appendix 4 - Shadow Diagram

Ordinary Meeting

6 September 2010

A City of Opportunities

5

Development Application DA09/1122 - Proposed (6) x Attic Style Villas at Lot 101 DP 243599 (No. 27) Hobart Street , Oxley Park  Applicant:  Ultra Design and Engineering;  Owner:  Sam Hassan