4 November 2011

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 7 November 2011 at 7:30PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Mark Davies - 10 October 2011 to 8 November 2011 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 10 October 2011.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Valley Community Safety Partnership Meeting - 28 September 2011.

Access Committee Meeting - 5 October 2011.

Local Traffic Committee Meeting - 10 October 2011.

Policy Review Committee Meeting - 31 October 2011.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 7 November 2011

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                           

                
          

 
Seating Arrangements

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Greg Davies
East Ward

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                          

                
          

 
   


B&WHORIZ

2011 MEETING CALENDAR

January 2011 - December 2011

(adopted by Council on 29 November 2010, amended by Council on 28 February 2011, revised March 2011)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

7

 

11v

2

 

 

15#@

5ü

10

7

12

(7.00pm)

 

28#@

21

 

30#*

27

18

 

19^

(7.00pm)

 

21#

 

Policy Review Committee

7.30pm

 

 

14

4

9

6

4

1

 

 

14

5

31

21

 

 

 

 

 

22

26

31

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

 

Wed

4

 

 

 

 

 

 

 

 

 v

Meeting at which the Draft Operational Plan for 2011-2012 is adopted for exhibition

 *

Meeting at which the Operational Plan for 2011-2012 is adopted

 #

Meetings at which the Operational Plan quarterly reviews are presented

 @

Delivery Program progress reports

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2010-2011 Annual Statements are presented

 

Meeting at which any comments on the 2010-2011 Annual Statements are presented

-           Extraordinary Meetings are held as required.

-           Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Senior Governance Officer, Glenn Schuil.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 10 OCTOBER 2011 AT 7:37PM

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor Councillor Greg Davies read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

256  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Mark Davies for the period 10 October 2011 to 8 November 2011 inclusive.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 19 September 2011

257  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 19 September 2011 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Prue Guillaume declared a Pecuniary Interest in Item 9 – Community Assistance Program Planned Component 2011/12 as she is employed by Multiple Sclerosis Limited, which is an applicant for Community Assistance Program funding.

 

Councillor Karen McKeown declared a Non Pecuniary Conflict of  Interest – Less than Significant  in Item 10 - Proposed "Caddens" Suburb Name in the Caddens Release and surrounding area Applicant: MBWA Consulting;  Owner: Landcom Pty Ltd as she is a Board member of State Records, that made a submission to this item.

 

 

Councillor Tanya Davies declared a Non Pecuniary Conflict of  Interest – Less than Significant  in Item 4 - 2011 Community Building Partnership Program as she is the Member for Mulgoa and represents that electoral district.

 

Councillor Tanya Davies declared a Non Pecuniary Conflict of  Interest – Less than Significant  in Item 9 - Community Assistance Program Planned Component 2011/12 as the church she attends is an applicant for the Community Assistance Program funding.

 

Councillor Tanya Davies declared a Non Pecuniary Conflict of  Interest – Less than Significant  in Item 10 - Proposed "Caddens" Suburb Name in the Caddens Release and surrounding area Applicant: MBWA Consulting;  Owner: Landcom Pty Ltd as her parents reside near the area which is the subject of the report.

 

Councillor Robert Ardill declared a Non Pecuniary Conflict of  Interest – Less than Significant  in Item 9 - Community Assistance Program Planned Component 2011/12 as he regularly attends activities of one of the applicants for the Community Assistance Program funding.

 

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 10 - Proposed "Caddens" Suburb Name in the Caddens Release and surrounding area Applicant: MBWA Consulting;  Owner: Landcom Pty Ltd as he resides in the area adjacent the subject area.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 9 - Community Assistance Program Planned Component 2011/12 as he is the auditor of various applicants, successful and unsuccessful, for the Community Assistance Program funding.

 

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 26   September, 2011         

258  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 26 September, 2011 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        2010-11 Financial Statements                                                                                           

259  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that that the information contained in the report on 2010-11 Financial Statements be received.

 

 


 

2        Pecuniary Interest Returns                                                                                               

260  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the information contained in the report on Pecuniary Interest Returns be received.

 

 

3        Claremont Meadows Development Contributions Plan - Proposed Works in Kind Agreement and Transfer of Land. Applicant - Investa Residential Group Pty Ltd   

261  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Claremont Meadows Development Contributions Plan - Proposed Works in Kind Agreement and Transfer of Land. Applicant - Investa Residential Group Pty Ltd be received.

2.     Council enter into a Works in Kind Agreement with Investa Residential Group Pty Ltd for works relating to Caddens Road Park that include earthworks, half roadworks and drainage works.

3.     A Works in Kind credit of $1,457,717 be issued to Investa Residential Group Pty Ltd on satisfactory completion of works and terms referred to in this report.

4.     Council accept the transfer of the South Western Precinct Neighbourhood Park and Caddens Road Park sites for the payment of $3,353,492 to Investa Residential Group Pty Ltd.

 

 

5        Permanent Road Closure of Part of Station Lane, Penrith                                           

262  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Permanent Road Closure of Part of Station Lane, Penrith be received.

2.     Council approve continuance of the permanent road closure of part of Station Lane, Penrith.

3.     A report be submitted to Council for any future disposal action, should any request be received for adjoining owners.

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

 

 

 

 

8        Summary of Investments and Banking for the period 1 September 2011 to 30 September 2011 and Agency Collection Methods                                                                              

263  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 September 2011 to 30 September 2011 and Agency Collection Methods be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2011 to 30 September 2011 be noted and accepted.

3.     The graphical investment analysis as at 30 September 2011 be noted.

4.     The Agency Collection Methods as at 30 September 2011 be noted. 

 

 

 

4        2011 Community Building Partnership Program                                                           

264  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on 2011 Community Building Partnership Program be received.

2.       Council endorse the following four projects to be developed into applications by the deadline on 31 October 2011.

·      Penrith electoral district:  Parker Street Reserve, Resurfacing of three playing fields: 1, 2 and Athletics. Grant request $50,000. Source of matching funds: Parks Asset Renewal Program.

·      Londonderry electoral district:  Wattle Avenue Reserve Playground upgrade. Grant request $25,000. Source of matching funds: Parks Asset Renewal Program.

·      Mulgoa electoral district: Ripples Leisure Centre Shade Structure and Water Slide. Grant request $18,900. Source of matching funds: Ripples Operational Budget.

·      Smithfield electoral district: Erskine Park Hall kitchen upgrade. Grant request $30,000. Source of matching funds: Building Asset Renewal Program.

 

 


 

6        Bennett Wagons                                                                                                                 

265  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc

That

1.         The information contained in the report on Bennett Wagons be received.

2.         The amount of $8,000 be allocated equally from each Ward’s voted works to enable restoration works to the medium and small Bennett wagons owned by Council.

3.         A further report be presented to Council on options for housing of the Bennett wagons.

 

7        Abandonment of Sundry Debts                                                                                       

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

That:

1.     The information contained in the report on Abandonment of Sundry Debts be received.

2.     These debts totalling $24,693.85 are irrecoverable as outlined above and should be written off accordingly.

 

 

A City of Opportunities

 

Having previously declared a Pecuniary Interest in Item 9, Councillor Prue Guillaume left the meeting, the time being 7:49 pm.

 

 

9        Community Assistance Program Planned Component 2011/12                                    

267  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Community Assistance Program Planned Component 2011/12 be received.

2.     Council approve funding the applications and amounts totalling $30,000.00 from the Planned Component of the 2011 Community Assistance Program and $2,306.00 from the Rolling Component as outlined in Table 3 of this report.

 

Councillor Prue Guillaume returned to the meeting, the time being 7:50 pm.

 


 

11      Ageing Disability & Home Care Funding - St Marys IT Project and Volunteer Research  

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

That:

1.     The information contained in the report on Ageing Disability & Home Care Funding - St Marys IT Project and Volunteer Research be received.

2.     Council endorse the receipt of 2009-12 non-recurrent Home and Community Care grant funds from Ageing, Disability and Home Care in the NSW Department of Family and Community Services for the two projects identified in the report.

 

 

12      Event sponsorship proposal                                                                                              

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

That:

1.     The information contained in the report on Event sponsorship proposal be received.

2.     An amount of $3,000 be approved to be paid from the City Marketing budget to sponsor the Mamre Homestead 100 mile Dinner on Saturday 29 October 2011.

 

Having previously declared a Pecuniary Interest in Item 10, Councillor Jim Aitken OAM  left the meeting, the time being 7:51 pm.

 

10      Proposed "Caddens" Suburb Name in the Caddens Release and surrounding area Applicant: MBWA Consulting;  Owner: Landcom Pty Ltd                                         

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

That:

1.     The information contained in the report on Proposed "Caddens" Suburb Name in the Caddens Release and surrounding area be received.

2.     Council endorse the name “Caddens” as the proposed suburb name for the area on the plan at Appendix 1 to this report.

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

 

 


A Liveable City

 

13      Draft Penrith City Centre Car Parking Strategy                                                           

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

That:

1.     The information contained in the report on Draft Penrith City Centre Car Parking Strategy be received.

2.     The Penrith City Centre Car Parking Strategy be adopted.

 

14      NSW Bike Plan 2010 - Funding Offer from Roads and Traffic Authority for Year 2 Program

Councillor Jim Aitken OAM returned to the meeting, the time being 7:54 pm.                          

272  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on NSW Bike Plan 2010 - Funding Offer from Roads and Traffic Authority for Year 2 Program be received.

2.     Council accept the funding offer of $1.55m from the Roads and Traffic Authority for the NSW Bike Plan 2010, subject to the following conditions:

(a)     Council’s contribution towards the Year 2 (2011/12) project be $500,000, including support through design and project management

(b)     Council’s acceptance of funding is for Year 2 only and any future funding associated agreements are separate and discrete from Year 2 funding

(c)     Council’s acceptance of Year 2 project does not bind Council to acceptance of future funding/program agreements.

 

3.         Council write to the Minister for Roads and the Local Members expressing      appreciation of the funding offer.

4.         A report be presented to Council on the possibility of providing a footpath/cycleway linking St Marys and Penrith centres.

 

15      A Review of Tennis Court Provision and Management in Penrith LGA                     

273  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc

That:

1.         The information contained in the report on A Review of Tennis Court     Provision and Management in Penrith LGA  be received.

2.     An amount of $20,000 be allocated from the Recreation Reserve to appoint insideEDGE to undertake the review.

 

 

16      Floodplain Management Association of NSW 52nd Annual Conference - 21 February 2012 to 24 February 2012                                                                                                          

274  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Floodplain Management Association of NSW 52nd Annual Conference - 21 February 2012 to 24 February 2012 be received.

2.     Council nominate Councillor Kevin Crameri OAM and Councillor Jim Aitken OAM, and any other available Councillors, as its delegates to the 2012 Floodplain Management Association Conference and Workshops, to be held at Batemans Bay from 21 February 2012 to 24 February 2012.

 

 

17      Appointment of a Director to the Board of Ripples                                                       

275  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Appointment of a Director to the Board of Ripples be received.

2.     Marlene Shipley be appointed as a Director to the Board of the  City of Penrith Regional Indoor Aquatic and Recreation Centre Limited.

 

 

A Vibrant City

 

18      Penrith City and Lachlan Shire Partnership                                                                  

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

That:

1.     The information contained in the report on Penrith City and Lachlan Shire Partnership be received.

2.     Penrith City Council support the “On the Road” cultural program for the next three years with a commitment of $3,000 per year subject to the continuing support of other partners and successful grant applications.

 

 


 

19      St Marys Spring Festival                                                                                                   

277  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies

That:

1.     The information contained in the report on St Marys Spring Festival be received.

2.     The model of the St Marys Development Committee engaging an external event manager to deliver the festival, working in close consultation with both the Committee and the St Marys Town Centre Association, be endorsed as the best option to deliver future St Marys Spring Festivals.

3.     Council send letters of thanks to the St Marys Development Committee, St Marys Town Centre Association, Council officers and all organisations involved in successfully delivering this year’s St Marys Spring Festival.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1          Passing of Gordon Vandervord                                                                              

Councillor Kevin Crameri OAM informed the meeting of the recent passing of Gordon Vandervord who was associated with archery in the Penrith area for many years and requested that the Mayor send a letter of condolence to Mr Vandervords’s widow.

 

RR 2          Oxley Park Primary School Christmas Concert                                                   

Councillor John Thain requested that the Principal of Oxley Park Primary School be contacted by Council officers with a view to Council providing the school with a stage or similar option to enable them to hold the School’s Christmas Concert this year.

 

RR 3          Seating and Pathway to Bridge Link - Boronia Park and Whalan Reserve,

                   North St Marys

Councillor John Thain requested a report to Council investigating the possibility of providing a pathway link to the bridge at Boronia Park and Whalan Reserve, North St Marys. 

 

UB 1          Support of Charity Events                                                                                      

Councillor Karen McKeown requested that Council purchase up to 6 tickets for the Race Night at Penrith Paceway to be held on 27 October 2011, and also purchase up to 6 tickets to support the Christmas Foundation Ball to be held on 2 December 2011, in support of the Ross Hutchison Foundation,  and that these tickets be paid for equally from each Ward’s voted works.

 

278  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM  that the matter be brought forward and dealt with as an urgent matter.

 

His Worship the Mayor, Councillor Greg Davies, ruled that the matter was urgent and should be dealt with at the meeting.

 

Councillors Ross Fowler OAM declared a Non Pecuniary Conflict of Interest – Less than Significant in this matter as he is the honorary auditor of the Ross Hutchison Foundation.

 

Councillor Jim Aitken OAM declared a Non Pecuniary Conflict of Interest – Less than Significant in this matter as he is a Patron of the Penrith Carer Car.

 

279  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM that Council purchase up to 6 tickets for the Race Night at Penrith Paceway to be held on 27 October 2011, and also purchase up to 6 tickets to support the Christmas Foundation Ball to be held on 2 December 2011, in support of the Ross Hutchison Foundation,  and that these tickets be paid for equally from each Ward’s voted works.

 

 

UB 2          Destination 2036 Workshop                                                                                    

Councillor Karen McKeown requested that Council write to the Chief Executive of the Local Government Division, proposing to revisit the timeframes and deadline for submissions regarding the Action Plan from the Destination 2036 Workshop as the current timeframe is too tight to enable Councils to properly consult with communities. 

Councillor Kevin Crameri OAM left the meeting, the time being 8:26 pm

 

280  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown that the matter be brought forward and dealt with as an urgent matter.

 

His Worship the Mayor, Councillor Greg Davies, ruled that the matter was urgent and should be dealt with at the meeting.

 

281  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch that Council write to Mr Ross Woodward, advising of Council’s objection to the timeframe for submissions on Destination 2036 as it does not provide adequate time for community consultation, and that this matter also be submitted to this year’s Local Government Association Conference as a Late Motion.

 

RR 4          Clean Energy Finance Corporation - Funding                                                     

Councillor Karen McKeown requested a report to Council investigating any projects it may have available to be funded under the Federal Government’s recently established Clean Energy Finance Corporation.

 

Councillor John Thain left the meeting, the time being 8:29 pm.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:30 pm.


 

RR 5          Restoration works to Nature Strips                                                                        

Councillor Kath Presdee requested a memo to all Councillors concerning the condition of nature strips within the local area, after utilities have been carrying out various works, in particular damage to turf which is causing pedestrian hazards, and outlining what approach Council is taking to ensure these Companies fulfil their obligations to the community in restoring pathways and nature strips.

 

Councillor John Thain returned to the meeting, the time being 8:31 pm.

 

 

Committee of the Whole

 

282  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:31 pm.

 

1        Presence of the Public

 

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

 

 

A Leading City

 

2        Council Property - Leasing of Suite 2 at 134-138 Henry Street Penrith to Kapsis & Associates Solicitors                                                                                                                             

 

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

 

3        Senior Staff Matters                                                                                                          

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:40 pm and the General Manager reported that the Committee of the Whole met at 8:31 pm on Monday 10 October 2011, the following being present

 

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

 

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

 

CONFIDENTIAL BUSINESS

 

2        Council Property - Leasing of Suite 2 at 134-138 Henry Street Penrith to Kapsis & Associates Solicitors                                                                                                           

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc  

CW2 That:

1.     The information contained in the report on Council Property - Leasing of Suite 2 at 134-138 Henry Street Penrith to Kapsis & Associates Solicitors be received.

2.     Council grant Kapsis & Associates a new 3 year lease in accordance with the terms and conditions as outlined in the report.

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

 

 

3        Senior Staff Matters                                                                                                          

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

CW3 That:

1.     The information contained in the report on Senior Staff Matters be received.

2.     The recommendation of the Senior Staff Recruitment Review Committee be adopted.

 

 

ADOPTION OF Committee of the Whole

 

283  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:41 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649  


 

 

 

 

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Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Council wins prestigious award for risk management excellence

 

2        Sydney Architecture Festival in Penrith a success

 

3        Councillor Karen McKeown re-elected to Local Government Association of NSW

 

4        Outstanding Service Awards

 

5        Honouring Lance Corporal Luke Gavin

 

 



Ordinary Meeting                                                                                             7 November 2011

A Leading City

Mayoral Minute

Council wins prestigious award for risk management excellence

Strategic Objective: A Council that behaves responsibly and ethically (5)

            

 

Council recently received a Risk Management Excellence Award at the United Independent Pool’s (UIP) 2010-11 Annual General Meeting.  UIP was founded by members of Westpool and Metropool to spread the risks, share resources and stabilise premiums. UIP comprises 16 councils.

 

The annual Risk Management Excellence Award recognises initiatives taken by UIP  member councils to manage and reduce risk. Council won the prestigious award for developing a flood mitigation action plan and process to protect Council buildings. The process is being applied by members of UIP and the action plan is being refined and implemented at Council and reduces flood risk exposure.

 

Penrith City Council has previously won a number of Westpool Local Government Risk Management Excellence Awards. In 2009 Council won for an independent review of Development Application processes; in 2007 for service risk assessments as part of enterprise risk management and in 2005 for a tree replacement strategy.

 

Contributors to the flood mitigation action plan were:

·    Ken Muir (Project leader)

·    Branden Haywood

·    Adam Worthington

·    Ratnam Thilliyar

·    Ari Fernando

·    Hamish Dodson

·    Elias Ishak

·    Laurie Cafarella

·    Mehdi Hassani (FM Global)

·    Rachel Muir (illustrations)

I would like to acknowledge and commend all who contributed to this project.  I would also like to acknowledge the service and commitment of Councillor Ross Fowler OAM who has been re-elected as Chair of UIP for a third consecutive year. Cr Fowler has also been Chairman of Westpool since 1994.

 

Councillor Greg Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Council wins prestigious award for risk management excellence be received.

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

Mayoral Minute

Sydney Architecture Festival in Penrith a success

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

           

 

Penrith City Council hosted the Sydney Architecture Festival in the Joan Sutherland Performing Arts Centre on Saturday 22 October. This was the first time the Festival had been presented in Penrith City.  More than 75 local residents attended talks by renowned architects and speakers and then joined bus tours of heritage sites at Penrith Lakes.

 

The Festival activities began in early October when younger residents of Penrith City met in the Library to build their ‘Penrith City of the Future’. These successful future architects were innovative and imaginative and the most outstanding were presented with prizes by myself and the Member for Penrith, Stuart Ayres MP during the official festival program at the Joan Sutherland Performing Arts Centre.

 

I would like to acknowledge the following people who contributed to the success of the day:

Kate Doyle, Registrar of the NSW Architects Registration Board

Bob Meyer, Cox Richardson

Craig Butler, Penrith City Council

Simon Parsons, PTW Architects

Peter Monckton, HASSEL Studio

Ian Brodie, Jackson Teese

Dani Drewry, Penrith Lakes Development Corporation.

 

October has been a month for looking forward and imagining what Penrith could be in the future. The Campement Urbain project, ‘The Future of Penrith, Penrith of the Future’, previewed at Lewers Gallery and was officially launched by the Premier of NSW, the Hon. Barry O’Farrell MP at the Sydney Opera House as part of the Sydney Architecture Festival. This has been a groundbreaking artistic and urban design approach to working with our community and revealing their vision for our future City.

 

Thank you to the staff who worked to ensure the great success of the Sydney Architecture Festival 2011, I know they are already talking with the Architects Registration Board and planning for next year’s event.

 

Councillor Greg Davies

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Sydney Architecture Festival in Penrith a success be received.

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

Mayoral Minute

Councillor Karen McKeown re-elected to Local Government Association of NSW

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

            

 

I would like to congratulate Councillor Karen McKeown on her re-election to the Executive of the Local Government Association (LGA) of NSW.

 

Cr McKeown was one of 20 delegates elected to the executive at the Local Government Association of NSW conference in Nowra on 25 October 2011. Cr McKeown was first elected to Council in 2004, and served as Deputy Mayor in 2006-07.

 

Cr McKeown has advocated for greater participation of women in local government through her role as member of the Joint Ministerial Advisory Council on Women in Local Government and as past president and member of the Australian Local Government Women’s Association NSW.

 

Her passion and dedication to preserving the environment saw her appointed as Council’s Sustainability Champion in 2005, and she has been representing Council and the City on environmental topics since this time.

 

I would like to offer my congratulations to Cr McKeown. Her reappointment to the LGA is evidence of the respect she has among her local government peers.

 

 

Councillor Greg Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Councillor Karen McKeown re-elected to Local Government Association of NSW be received.

 

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

Mayoral Minute

Outstanding Service Awards

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

            

 

At the Local Government Association of NSW (LGA) conference one of our most distinguished colleagues, Councillor Ross Fowler OAM, received an Outstanding Service Award acknowledging his 20 years service to local government.

 

Cr Fowler was first elected to Penrith City Council in 1991 as a South Ward Councillor, he served the city as Mayor from 1995 to 1996 and one term as Deputy Mayor from 2008 to 2009.

 

Cr Fowler is a third generation representative in Local Government, following in the footsteps of his late father Bernie, a former Alderman and Mayor of Penrith City and grandfather John, who was an Alderman on the Mulgoa Municipal Council.

 

Cr Fowler represents Council on a range of Boards and Committees, including his role as Chairman of Penrith Whitewater Stadium and as Chairman of Westpool, a position he has held since 1994.

I would like to congratulate Cr Ross Fowler on this well deserved recognition, and thank him for his service to Council and for his ongoing contribution to the community of Penrith.

 

 

 

Councillor Greg Davies

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Outstanding Service Awards be received.

 

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

Mayoral Minute

Honouring Lance Corporal Luke Gavin

Strategic Objective: A Regional City that provides our jobs, education, services and entertainment (1)

           

 

At only 29 years of age the death of St Clair resident Lance Corporal Gavin is a tragic loss to his friends, loved ones, our community and to his country. 

 

On behalf of our community, Council would like to extend our sincere condolences to his family and friends, especially his wife Jacky and three children, Joshua, Holly and Olivia.

 

Lance Corporal Gavin was a highly respected member of the Australian Army. He had a distinguished career, being promoted to Lance Corporal in January 2009. Our nation is indebted to his service during missions in Afghanistan and earlier in East Timor.

 

Lance Corporal Gavin was a true local and part of the fabric of our Penrith City community. He loved his sport and played for both the St Clair Junior Rugby League Club and the Penrith Basketball Association.  

 

Lance Corporal Gavin’s courage and professionalism will not be forgotten, nor will his contributions to our community and country.

 

[pause for a minute’s silence]

 

Lest we forget.

 

DAVIES GREG signature 2

 

Councillor Greg Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Honouring Lance Corporal Luke Gavin be received.

 

 

  


 

 

 

 

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Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 28 September 2011

 

2        Report and Recommendations of the Access Committee Meeting held on 5 October 2011

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 10 October 2011

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 31 October 2011

 

 



Ordinary Meeting                                                                                             7 November 2011

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Penrith Valley Community Safety Partnership MEETING

HELD ON 28 September, 2011

 

 

 

PRESENT

His Worship the Mayor Councillor Greg Davies; Councillor Karen McKeown; Allison Kyriakakis, Penrith City Council; Olivia Kidon, Penrith City Council; Louise Maher, Nepean Hospital Needle and Syringe Program; Julie Page, Nepean Hospital Needle and Syringe Program; Vesna Kapetanovic, Penrith City Council; Kylie Chang, St Marys Local Area Command; Michael Bourke, St Marys Local Area Command; Julie Passau, Penrith Local Area Command; Grant Healey, Penrith Local Area Command; Rob Critchlow, Penrith Local Area Command; David Burns, Penrith City Council; Yvonne Perkins, Penrith City Council; Erin Davidson, Penrith City Council.

 

 

APOLOGIES

Councillor Kaylene Allison; Gina Field, Penrith Valley Chamber of Commerce; Ray Filewood, St Marys Local Area Command; Ben Feszczuk, Penrith Local Area Command; Murray Halls, Penrith City Council; Tracy Leahy, Penrith City Council; Ken Innes, Glenmore Park Action Group; Gladys Reed, Penrith City Centre Association; Glenn Cooper, University of Western Sydney; Jeni Pollard, Penrith City Council.

 

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 29 June 2011

The minutes of the Penrith Valley Community Safety Partnership Meeting of 29 June 2011 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

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

David Burns chaired the meeting and welcomed everyone. David also welcomed the Mayor Councillor Greg Davies and congratulated him on being elected Mayor.

 

David advised that the focus of tonight’s meeting would be on the second report, the Development of a new Community Safety Plan (2012 – 2015).

 

David advised that an update of current projects had been provided in the first report and provided an opportunity for Partnership members to discuss items of interest and/or raise questions regarding particular projects. Projects included:

 

·    Solar Lighting Project

·    Portable CCTV Camera Trial

·    Citywide Graffiti Minimisation Strategy

·    The Mondo Community Safety Project

·    Domestic Violence Resource Project

·    Physical Closure of Identified Pedestrian Laneways

·    Operation Bounce Back

·    Red Cross Park Lighting Project

·    Update on NSW Attorney General’s Department Funded Projects

·    Update on additional Alcohol Free Zones and Alcohol Prohibited Areas

·    Development of a New Community Safety Plan.

 

No questions were raised.

 

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

 

 

2        Development of a new Community Safety Plan (2012-2015)                                         

Olivia Kidon advised that earlier this year the NSW Department of Justice and Attorney General indicated that new guidelines would be introduced for the development of Community Safety Plans. However, recent advice has indicated that changes to this process are still unconfirmed.

 

Previously, a Community Safety Plan was required to be endorsed by the NSW Department of Justice and Attorney General to be eligible to apply for grant funding.

 

Pending further advice from NSW Department of Justice and Attorney General, Olivia Kidon advised that Council will still continue to develop a new Community Safety Plan for 2012 – 2015 as part of Council’s strategic planning process.

 

Olivia Kidon and Allison Kyriakakis facilitated discussion regarding a new Community Safety Plan with a power point presentation.

 

A number of questions and topics were discussed and reviewed to determine a way forward in developing the new Community Safety Plan 2012-2015 and to determine the role of the PVCSP in the development of the new Plan. Discussion was focused around the following topics:

 

·  Community perception – What is the community telling us about their perception of crime and safety?

·    Revision of priority areas from the current Community Safety Plan 2007-2011

·  Police commentary on current priority areas from the current Community Safety Plan 2007-2011

·  What does the Penrith Valley Community Safety Partnership perceive as crime and safety issues for the Penrith Local Government Area?

·  What are new and emerging crime and/or safety trends in the Penrith Local Government Area?

·    What sections of the community are these issues impacting on?

·    Crime reporting – are people reporting crime?

·    Potential partnerships – Expanding the membership of the Partnership

·  Proposed working group to address community engagement and consultation of the new Community Safety Plan 2012-2015, and to review the Penrith Valley Community Safety Partnership.

RECOMMENDED  that the information contained in the report on Development of a new Community Safety Plan (2012-2015) be received.

 

 

 

Regular Items

 

A)  Police Statistics

 

Penrith Local Area Command Crime Statistics

 

June 2011 – August 2011

 

 

June

July

August

Assault

88

97

87

Robbery

5

6

4

Break & Enter

42

34

37

Stealing

137

132

153

Steal Motor Vehicle

26

21

36

Malicious Damage

100

102

105

Drug Detection

26

18

21

Traffic Offences

475

554

613

Motor Vehicle Accident

69

63

99

 

 

 

 

 

 

 

 

 

Penrith Crime Statistics – June 2011 – August 2011

 

 

St Marys Local Area Command Crime Statistics

 

June 2011 – August 2011

 

Crime Category

June

July

August

Assault

102

89

107

Robbery

9

5

10

Break & Enter

76

66

57

Stealing

110

119

125

Steal Motor Vehicle

29

35

29

Malicious Damage

103

118

110

Drug Detection

21

31

24

Traffic Offences

602

605

629

Motor Vehicle Accident

68

69

76

 


 

St Marys Crime Statistics – June 2011 – August 2011

 

 

 

 

What’s in the Media?

 

 

July to September 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GENERAL BUSINESS

 

GB 1          National Binge Drinking Strategy Grant                                                               

The National Binge Drinking Strategy funding round is currently open. Olivia advised that Council would like to submit an application.

 

As applications close on 28 October, Olivia proposed a small working group be established with members of the PVCSP to discuss potential project ideas.

 

Grants of up to $300,000 are available for projects of up to two years duration from single applicants. For partnership applications, the maximum amount that can be sought for projects of up to two years duration is $500,000.

 

GB 2          Community Safety Week                                                                                         

A local Penrith Community Safety week will be held during the last week in November. Council’s Community Safety staff will be looking at promoting current projects during this time.

 

GB 3          Domestic Violence Resource Project                                                                      

An afternoon tea will be held prior to the next Penrith Valley Community Safety Partnership meeting to thank and acknowledge all of the trainers that have been involved in the Domestic Violence Resource Project. The afternoon tea will also feature the launch of the Workers Resource Kit that has been developed to provide workers with a consistent referral process for clients dealing with domestic and family violence issues. The recently revamped www.dvhelppenrithregion.com.au online website will also be launched.

 

GB 4          White Ribbon Day                                                                                                   

Councillor Karen McKeown asked if Council staff had been successful in organising a White Ribbon Day event in partnership with Penrith Panthers.

 

Council staff have been in contact with Penrith Panthers and a meeting is scheduled for next Wednesday, 12 October, to discuss project details.

 

Council is hoping to run a corporate event in partnership with Penrith Panthers at Howell Oval, Penrith including a breakfast BBQ and the signing of a giant white ribbon in recognition of undertaking the White Ribbon Oath. It is envisaged that an invitation would be extended to Council staff, Councillors and Panthers staff and players with a focus on men as the White Ribbon Day message is primarily aimed at a male audience.

 

There being no further business the Chairperson declared the meeting closed the time being 8.35pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 28 September, 2011 be adopted.

 

 


Ordinary Meeting                                                                                             7 November 2011

A City of Opportunities

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 5 October, 2011

 

 

 

PRESENT

Deputy Mayor, Councillor Jackie Greenow (Chair), Michael Morris, David Currie, Denise Heath, Ronda Hopkins, Councillor Prue Guillaume (arrived 5.15pm).

 

IN ATTENDANCE

 

Joe Ibbitson, Community Programs Coordinator; Ben Felten, Disability Access Officer; John Gordon, Parks Manager; Jeni Pollard, Acting Community and Cultural Development Manager; Vanessa Muscat, Environmental Health and Building Surveyor; Colin Wood, Building Approvals Team Coordinator; Adam Wilkinson, Engineering Services Manager; Peter Wood, Development Assessment Coordinator; Walter Sinnadurai, Transportation Planner; Ruth Byrnes, Senior Traffic Engineer; Tamara Rasmussen, Lend Lease; Rebecca Ho and Emma Husar, Touched by Olivia Foundation.

 

APOLOGIES

Apologies were accepted from Councillor Robert Ardill, John Farragher, Farah Madon, Erich Weller, Hans Meijer, Graham Howe and Robyn Brookes.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 3 August 2011

The minutes of the Access Committee Meeting of 3 August 2011 were confirmed.

 

DECLARATIONS OF INTEREST

 

Denise Heath declared a Non Pecuniary Interest – Significant in Item 4Development Application Referrals to the Access Committee – DA11/0946 Minor alterations to an existing building used as a community facility, 10 Macquarie Avenue, Penrith as she is employed by Nepean Area Disability Organisation (NADO), the organisation located in this building.  Denise Heath indicated she would leave the room for consideration of this item.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

5        All Abilities Playground Proposal - Jordan Springs                                                       

Councillor Greenow welcomed Tamara Rasmussen, Rebecca Ho and Emma Husar, guest presenters, to the meeting.

 

John Gordon introduced the presenters and advised that the presentation is regarding the establishment of an “all abilities” playground at Jordan Springs.

 

Councillor Prue Guillaume arrived at the meeting at 5.15pm.

 

Tamara Rasmussen advised that the initial first cut design and costings should be available by December.  By March 2012 the design should have been fully costed.  The aim is to lodge the development application next June.  Construction is planned towards the end of 2012 with the opening around Easter 2013.  A great deal of community and stakeholder engagement will be undertaken during this process.

 

John Gordon advised that the playground proposal would come back to the Access Committee a number of times through the process. 

 

Tamara Rasmussen, Emma Husar and Rebecca Ho left the meeting at 5.35pm.

 

Michael Morris asked if the Jordan Springs proposal would impact on the Werrington site.  John Gordon advised that these are separate projects and this proposal is not a replacement for Werrington.

 

RECOMMENDED that the information contained in the report on All Abilities Playground Proposal - Jordan Springs be received.

 

BUSINESS ARISING FROM MINUTES OF 3 AUGUST 2011

 

GB 6          Penrith Stadium                                                                                                       

Colin Wood advised that the inspection of the Penrith Stadium had been completed.  It was suggested that the Access Committee visit the site on 1 February 2012 at 3.00pm, before the Access Committee meeting.

 

Colin Wood will investigate if there is a suitable location at the Penrith Stadium where the Access Committee meeting could be held that day.

 

GB 7          12 Marsden Road, St Marys                                                                                   

Colin Wood advised that bollards have been installed at this location.  The occupants have been given a letter to complete which will be followed up with a notice of intention. 

 

GB 9          Councillor Briefing – Disability Access to Premises – Building Standards         

Colin Wood advised that he and Vanessa Muscat inspected all three Council owned polling places.  The buildings inspected were Mulgoa Hall, Berkshire Park Hall and Melrose Hall at Emu Plains. Some basic recommendations were made.  This information will be finalised in the next two to three weeks and be sent through to Glenn Schuil.  A report will be presented to the next Access Committee meeting.

 

It was suggested that when the Council owned premises are advertised a disability symbol be placed next to them.

 

A Liveable City

 

6        Draft Penrith Accessible Trails Hierarchy Strategy                                                       

Adam Wilkinson presented the report regarding the Draft Penrith Accessible Trails Hierarchy Strategy (PATHS).  This exciting project is for the establishment of a comprehensive shared cycleways network across the City.

 

The Committee discussed the following issues:

 

·    the Strategy was well received and any improvements to connectivity are most welcomed

·    no footpath linkage to the start of the path at Cranebrook

·    the footpath program is separate to PATHS

·    a child up to 12 years of age is able to ride on a footpath as is an adult accompanying a minor

·    in some other local government areas the kilometres are shown on the paths

·    the timing of the construction of the path from St Marys to Penrith

·    proposal to place a map on the website showing how to get around the suburbs off road

·    the current priority is the connection to Mulgoa Road

·    the frequency of accessible buses.

 

RECOMMENDED that the information contained in the report on Draft Penrith Accessible Trails Hierarchy Strategy be received.

 

The meeting held a supper break at 6.12pm.

 

Ruth Byrnes left the meeting at 6.12pm. Adam Wilkinson and Walter Sinnadurai left the meeting at 6.13pm.

 

The meeting reconvened at 6.23pm.

 

A City of Opportunities

 

1         No Boundaries Project and International Day for People with Disability 2011         

Joe Ibbitson spoke to the No Boundaries Project report which is an initiative around participation of people with disability in arts and culture activities.  The report gives the background and history of the project. 

 

The proposal is for a large scale art project, produced by artists and people with disability, to be projected onto the Joan Sutherland Performing Arts Centre building. The project will be developed with Cindi Drennan from Illuminart Productions.  It will provide people with disability a way to access the broad community.

 

Funding applications have been lodged with Arts NSW and the Australia Council for the Arts Community Partnership program.  Sponsorship opportunities are being pursued with a number of organisations.

 

Joe Ibbitson advised that the detail of the project has not been developed.  Work is being undertaken to plan the process for development of the content and the sound accompaniment.  The launch night may include a live performance. 

 

RECOMMENDED that the information contained in the report on No Boundaries Project and International Day for People with Disability 2011 be received.

 

2        Disability Access Improvement Program 2010-2011 Expenditure and Budget Proposal for 2011-2012 Financial Year                                                                                                 

Ben Felten reported on the summary of expenditure for the Disability Access Improvement Program for the 2010/11 financial year and the proposed projects for the 2011/12 financial year.

 

The Committee discussed training for Council staff and mental health issues in the workplace.

 

Discussion was also held around increasing the budget allocation for the Disability Access Improvement program and the possibility of submitting a project bid for increased funds.

 

RECOMMENDED

That:

 

1.     The information contained in the report on Disability Access Improvement Program 2010-2011 Expenditure and Budget Proposal for 2011-2012 Financial Year be received.

2.     The list of proposed projects identified in the report be included in the 2011-2012 Disability Access Improvement Program.

 

3        Community Information Session and Celebration: Penrith Inclusion Plan - People with Disability 2009-2013                                                                                                           

Ben Felten reported that Council will host an afternoon tea on Thursday 27 October 2011 to provide the community with information on the Penrith Inclusion Plan progress and achievements during the first year of implementation.  The afternoon tea will give an opportunity to network.  Over 100 individuals and organisations have been invited to the afternoon tea.

 

David Currie and John Farragher will give a brief presentation explaining the role of the Access Committee.  A live performance by people with disability will conclude the session.

 

RECOMMENDED that the information contained in the report on Community Information Session and Celebration: Penrith Inclusion Plan - People with Disability 2009-2013 be received.

 

4        Development Application referrals to Access Committee                                              

DA11/0946       Minor alterations to an existing building and use as a community facility, 10 Macquarie Avenue, Penrith

Peter Wood advised that the development application is accompanied by an access audit report which made a series of recommendations relating to the upgrade of the existing building and site area, accessible parking spaces, internal paths of travel within the building, accessible toilet provision, tactile signs, luminescence contrast and lighting.

 

Colin Wood recommended straightening out the entry to the bathroom to gain better access.

Peter Wood advised that further discussions with the applicant can resolve the issue of the extended bathroom.

 

Discussion was held regarding the step ramp:

 

·    step ramps are steeper than standard ramps – 1:10

·    a step ramp is like an entry ramp – the difference in height can only be a maximum of 190mm

·    step ramps have a maximum length and cannot change direction.

 

Having previously declared a Non Pecuniary Conflict of Interest – Significant, Denise Heath left the meeting for discussion of this item, the time being 7.00 pm.

 

Further issues discussed regarding the entry included:

 

·    difficulty to swing into the gateway

·    the crossfall at the entry

·    it is a heritage conservation area

·    all the external approaches are paved.

 

Denise Health returned to the meeting at 7.07pm.

 

DA11/0746       Existing gym, 4/30-32 Leonay Parade, Leonay

 

Peter Wood advised that the development application is for alterations and additions to the building which has transformed more into a gym than squash courts over the years.

 

The ground floor is proposed to house separate male and female weights areas, a children’s crèche, an office and male and female change rooms including toilets and a unisex disabled toilet.

 

The first floor will accommodate spin facilities, a fitness area, stretch training space, offices and a toilet.

 

The hours of operation are Monday to Sunday 5.30am to 10.30pm.

 

Peter Wood highlighted the key access issues:

 

·    accessible path of travel

·    chair lift or lift from ground floor to first floor

·    unisex accessible toilet on the ground floor

·    an accessible shower will be required

·    accessible parking adjacent to the main entry

·    access to the first floor is the main issue.

 

The Committee also discussed the following issues:

 

·    the entry into the toilet facilities itself – the path of travel and making sure there is enough turning room

·    the chairlift could have possible BCA implications.

 

Colin Wood expressed a concern over the level of unauthorised development and the side-stepping of access requirements.  Peter Wood advised that the compliance on the plans can be reviewed.  If it is a new construction certificate it may be possible to have a lift in the building.  Colin Wood advised he would have a look at the premises and report back to the Planner with additional comments.

 

Councillor Greenow pointed out that the information provided did not advise the name of the applicant and the owners.  This is important so that members can declare an interest if necessary. Peter Wood apologised for the omission.

 

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

 

GENERAL BUSINESS

 

GB 1          Penrith Interchange                                                                                                 

Joe Ibbitson advised that Railcorp has notified Council that improvement works to the taxi rank at Penrith Interchange have been delayed and are now proposed for next financial year.

 

RECOMMENDED that the Access Committee request the Mayor to raise the issue of the Railcorp delays with the local member.

 

GB 2          NADO Carer wins Award                                                                                      

Denise Heath advised that Brigette Krstanoski, a parent/carer associated with NADO, won a carer’s award for the Penrith local government area.

 

GB 3          Grant Collins leaves Council                                                                                   

Ben Felten advised that Grant Collins has gained employment with Ageing, Disability and Home Care, the department working with group homes.  Grant Collins sent his thanks to the Access Committee for their support for universal design initiatives.

 

GB 4          Global Games Awards                                                                                             

Michael Morris advised that Karo Leo, a local swimming athlete with disabilities, won two individual gold medals and a team gold medal at the Global Games in Italy.

 

GB 5          NSW Water Safety Award                                                                                      

Michael Morris advised that the Samuel Morris Foundation won an award at the 2011 NSW Water Safety Awards last week.

 

 

GB 6          Neighbourhood Renewal Program - Consultation with People with Disabilities

Jeni Pollard advised that the Neighbourhood Renewal Program is planning a consultation with a range of people in the Penrith suburb including people with disabilities.

 

GB 7          Farah Madon                                                                                                            

Councillor Greenow advised that Farah Madon had sent an email sharing the good news that she has been given the post of Secretary of the Association of Consultants in Access Australia (ACAA).

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.28pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 5 October, 2011 be adopted.

 

 

 


Ordinary Meeting                                                                                             7 November 2011

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 10 October, 2011

 

 

 

PRESENT

David Drozd – Senior Traffic Engineer (Chairperson), Wayne Mitchell – Group Manager - City Infrastructure, David Lance - Roads and Traffic Authority, Sergeant Matthew Shirvington – Penrith Police, Constable Bill Pearson – Penrith Police, Senior Constable Mark Elliott – St Marys Police, Ross Grove – Representative for the Member for Penrith, Mark Holmes – Representative for the Member for Mulgoa, Michael Creed – Representative for the Member for Londonderry, Daniel Davidson – Road Safety Co‑ordinator, Ruth Byrnes - Senior Traffic Officer.

 

IN ATTENDANCE

Steven Purvis – Senior Ranger, Phil Davies – Westbus.

 

APOLOGIES

Apologies were accepted from the Deputy Mayor, Councillor Jackie Greenow, Adam Wilkinson – Engineering Services Manager, Michael Alderton - Road Network Services Engineer, Jacob Strong – Trainee Engineer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 September 2011

The minutes of the Local Traffic Committee Meeting of 5 September 2011 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Guideline for Traffic Management for Special Events                                                  

LTC Comment

The RTA representative advised that “the Guide” referred to in the report is a document produced jointly by the Roads and Traffic Authority, emergency services and Councils, and should not be prefixed by “the RTA’s Guide to….”

RECOMMENDED

That:

1.     The information contained in the report on Guideline for Traffic Management for Special Events be received.

2.     Council’s “Guideline for Traffic Management for Special Events” be endorsed and adopted.

3.     Event applicants that were advised as part of the consultation process be advised of Council’s resolution.

 

2        Nepean Hospital - Review of Restricted Parking Area Scheme                                    

LTC Comment

Council’s Senior Ranger advised that the Waste & Community Protection Manager has requested that their Department be involved in the process in terms of any future extensions of the Scheme, as the extensions of the Scheme have a bearing on their resourcing.

RECOMMENDED

That:

1.   The information contained in the report on Nepean Hospital - Review of Restricted Parking Area Scheme be received.

2.   All affected residents be consulted, and any substantial objections that are        received at the end of the consultation period be referred back to the Local          Traffic Committee.

3.     A Restricted Parking Area Scheme be implemented on:

a.   Hope Street, between Parker Street and Colless Street (subject to consultation with the Roads and Traffic Authority)

b.   Stafford Street, between Parker Street and house number 21

c.   Rodgers Street, between Somerset Street and Bringelly Road.

4.     The current Restricted Parking Area Scheme be extended:

a.   to the western direction in Barber Avenue to Colless Street

b.   to the western direction in Lethbridge Street to Colless Street

c.   to the western direction in Derby Street to Colless Street and the eastern direction in Derby Street to Bringelly Road

d.   to the southern direction in Hargrave Street to Derby Street

e.   to the eastern direction in Orth Street to Bringelly Road

f.    to the northern direction in Somerset Street to Rodgers Street on the eastern side of the road only, and to the southern direction in Somerset Street to Jamison Road.

5.     Painted chevrons be marked in Derby Street, Kingswood between driveways to property numbers 21A and 23, and in Somerset Street, Kingswood between driveways to property numbers 35 and 37.

6.     Council’s Rangers be advised of Council’s resolution.

 

 

3        Penrith City Festival - Saturday, 17 March 2012                                                           

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Festival - Saturday, 17 March 2012 be received.

2.     The event applicant be advised that this is partly a Class 2 Event and partly a Class 4 Event under the Roads and Traffic Authority’s “Guide to Traffic and Transport Management for Special Events”, and that the conditions specified below must be complied with prior to the event:

(a)                The Transport Management Plan submitted by event applicant detailing the proposed temporary road closures for the event to be held on Saturday, 17 March 2012 be endorsed.

(b)       Approval be given for the temporary closure of:

·        High Street, between Castlereagh and Henry Streets

·        Woodriff Street, between High and Tindale Streets

·        Station Street, between Henry Street and Union Road

·        Riley Street, between High and Henry Streets

·        Union Lane, between Station and Woodriff Streets

            on Saturday 17 March 2012, from 3.00am to 9.00pm for the duration of the event.

                             (c)     Approval be given for the temporary closure of:

·        The Broadway, from Judges Park to Station Street

·        High Street, between Castlereagh Street and Lawson Street

·        Castlereagh Street, between High Street and Tindale Street

·        Union Road, eastbound lane, from Station Street to first Union Road Car Park entry

            on Saturday 17 March 2012, from 12:30pm to 1.15pm for the duration of the Parade event.

(d)       The Parade Event be run under the direct supervision of NSW Police.

(e)       A Transport Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Traffic Authority for concurrence, prior to the event.  A copy of the Roads and Traffic Authority concurrence must be submitted to Council prior to the event.

(f)        A Risk Management Plan be lodged with Council by the event applicant prior to the event.

(g)       The event applicant obtain separate approval from NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

(h)       The event applicant submit to Council a copy of Public Liability Insurance (usually a certificate of currency) of minimum $10 million, prior to the event.  In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

(i)        A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Traffic Authority and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum of a 4.0m emergency lane is maintained during the event.

(j)        The event applicant arrange to place barricades and provide Traffic Controllers where required by the approved Transport Management Plan.  Where the Traffic Management Plan and Traffic Control Plan indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Traffic Authority certification.

(k)       The event applicant must provide advice to Council prior to the event that the event fully complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(l)        The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the RTA’s Technical Direction TDT2010/07.

(m)      The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.

(n)       Signposting advising the date and time of all closures be provided by the event organiser two weeks prior to the event.

(o)       The event organiser notify the Ambulance Service of NSW, fire brigades (NSW Fire Brigade and RFS) and SES of the proposed event and submit a copy of the advice to Council prior to the event.

(p)       The event applicant notify private bus companies four weeks prior to the proposed event and submit a copy of the advice to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses prior to, and during, the event.

(q)       Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Transport Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

(r)        The event applicant shall ensure that noise control measures are in place as required by the protection of the Environment Operations (Noise Control) Regulation 2000.

(s)        The event applicant is to ensure that competitors obey road rules and Police directions during the event.

(t)        All documentation conditioned be submitted to Council for information purposes at least 14 days prior to the event.

(u)       All works as part of this approval are conducted at no cost to Council unless agreed in writing.

                   3.       Penrith City Centre Association be advised that Council reserves the right                        to cancel this approval at any time.

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

 

 

4        Glenmore Parkway, Glenmore Park - 2011/2012 Nation Building Black Spot Road Safety Improvements                                                                                                                    

LTC Comment

The RTA representative advised that 6m of non-mountable kerb on both approaches to a pedestrian refuge facility is required under the Technical Direction.  Council agreed to implement this kerb for Concepts 2 and 3.

RECOMMENDED

That:

1.     The information contained in the report on Glenmore Parkway, Glenmore Park - 2011/2012 Nation Building Black Spot Road Safety Improvements be received.

2.     Improvements to the following three locations on Glenmore Parkway, and the associated concept design plans, be endorsed for construction with funding available under the 2011/12 Nation Building Black Spot Program:

a.   Concept Design 1 (dated 23 September 2011) – the eastbound approach to the roundabout at the intersection of Glenmore Parkway and Kenneth Slessor Drive (subject to Roads and Traffic Authority approval for installation of transverse markings)

b.   Concept Design 2 (dated 16 September 2011) – modifications to the pedestrian facility located approximately 190m south of the intersection of Glenmore Parkway and Allison Drive

c.   Concept Design 3 (dated 16 September 2011) – modifications to the pedestrian facility located approximately 370m south of the intersection of Glenmore Parkway and Allison Drive.

3.     Glenmore Park Action Group be advised of Council’s resolution.

 

 

5        Thurwood Avenue, Jamisontown - Proposed Extension of Timed "No Stopping" Restrictions at Jamisontown Public School                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Thurwood Avenue, Jamisontown - Proposed Extension of Timed "No Stopping" Restrictions at Jamisontown Public School be received.

2.     Consultation be conducted with affected residents regarding extension of the existing timed “No Stopping” (school hours) zone on the northern side of Thurwood Avenue, Jamisontown, opposite Jamisontown Public School.

3.     Subject to no substantial objections from affected residents, the existing timed “No Stopping” zone (8:00am to 9:30am & 2:30pm to 4:00pm School Days) along the northern side of Thurwood Avenue, Jamisontown, opposite Jamisontown Public School, be extended east for a further 52.0m.

4.     Jamisontown Public School’s Principal and P&C Association be advised of Council’s resolution.

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

 

 

6        Removal of Redundant Bus Stops - Various Locations                                                 

RECOMMENDED

That:

1.     The information contained in the report on Removal of Redundant Bus Stops - Various Locations be received.

2.     Consultation with Westbus be undertaken, and subject to no objections, the redundant signposted “Bus Stop” located on Sunflower Drive, Claremont Meadows, adjacent the Community Centre, and the redundant signposted “Bus Zone” located on Maxwell Street, South Penrith, near Tania Avenue, be removed.

3.     Consultation with Westbus be undertaken and subject to no substantial objections from Westbus, the existing “Transit Stops” listed in Table 1 in this report be rescinded and removed from the Department of Transport’s “Transit Stop Register”.

4.     Westbus and the Department of Transport be advised of Council’s resolution.

 

 

GENERAL BUSINESS

 

 

GB 1          Bringelly Road, Kingswood – Proposed Provision of “No Stopping” Signage  (Raised Council)    

The Local Traffic Committee, at its meeting on 5 September 2011, considered a report on “Removal of Redundant Bus Stops - Kingswood”.  This report considered rescinding the approval of several existing “Bus Stops” and “Bus Zones” located throughout Kingswood, as the stops are no longer on designated public bus routes.  Council, at its Ordinary Meeting on 19 September 2011, resolved on the recommendation of the Committee, that:

 

1.     “The information contained in the report on Removal of Redundant Bus Stops - Kingswood be received.

2.     The unused ‘Bus Zones’ and ‘Bus Stop’ signage located on Somerset Street (western side), Kingswood, near Orth Street, Bringelly Road (western side), Kingswood, near Rodgers Street and Bringelly Road (western side), Kingswood, near Stafford Street be removed.

3.     The existing “Transit Stops” listed as follows no longer be considered approved ‘Bus Stops’ and be removed from the Department of Transport, Transit Stop Register:

TSN

Address

2747-70

Somerset St, near Derby St (western side)

2747-71

Somerset St, near Derby St (eastern side)

2747-106

Somerset St, near Orth St (western side)

2747-107

Rodgers St, near Somerset St (northern side)

2747-108

Rodgers St, midway along its length (northern side)

2747-109

Rodgers St, near Bringelly Rd (northern side)

2747-110

Bringelly Rd, near Derby St (eastern side)

2747-114

Bringelly Rd, near Jamison Rd (eastern side)

2747-134

Bringelly Rd, near Stafford St (western side)

2747-135

Bringelly Rd, near Derby St (western side)

2747-136

Rodgers St, near Bringelly Rd (southern side)

2747-137

Rodgers St, midway along its length (southern side)

2747-138

Somerset St, near Orth St (eastern side)

2747-257

Bringelly Rd, near Rodgers St (western side)

 

4.     Westbus and the Department of Transport be advised of Council’s resolution.”

 

Currently, the “Bus Zone” located on Bringelly Road, Kingswood, near Rodgers Street, listed above as Transit Stop Number (TSN) 2747-257, is adjacent to “No Stopping” restrictions to the north, and half-hour parking restrictions to the south.  It is proposed that “No Stopping” restrictions replace the existing “Bus Zone” on Bringelly Road (western side) Kingswood, near Rodgers Street, which in effect is an extension to the existing “No Stopping” restrictions.

 

RECOMMENDED that “No Stopping” restrictions be provided on Bringelly Road (western side) Kingswood, approximately 25m north of Rodgers Street, for a distance of approximately 20m to replace the existing “Bus Zone”.

 

GB 2          Laycock Street, Cranebrook – Proposed Provision of Pedestrian Refuge Island  (Raised Council)                                                                                                                           

The Local Traffic Committee, at its meeting on 4 February 2008, considered a report on “Laycock Street, Cranebrook - Request for Provision of Pedestrian Crossing Facility”, and Council, at its Ordinary Meeting on 25 February 2008 resolved, on the recommendation of the Committee, that:

 

1.   “The information contained in the report on Laycock Street, Cranebrook - Request for Provision of Pedestrian Crossing Facility be received.

2.   A pedestrian refuge island be installed in Laycock Street, between Waterfall Crescent and Borrowdale Road, following endorsement of a detailed design of the facility by the Local Traffic Committee.

3.   Councillor David Bradbury and Karyn Paluzzano MP be advised.”

 

Council’s Design Section has now provided design plans for a single lane pedestrian refuge island in Laycock Street, Cranebrook, between Borrowdale Way and Waterfall Crescent.

 

This report seeks to endorse the signs and lines plan, and proposed devices as per Plan No. AL 138.  Council’s Design Section has advised that allowance has been made for bus swept paths, and all associated signage and linemarking is in accordance with relevant Austroads and Roads and Traffic Authority Technical Directions.

 

The project is funded from Council’s 2011/12 Major Traffic Facilities Program.  The proposal, together with the subject signs and linemarking plan, is submitted to the Committee for endorsement.

 

RECOMMENDED

That:

1.     Design Plan AL 138, for installation of a pedestrian refuge island in Laycock Street, Cranebrook, be finalised and endorsed for construction.

2.     Residents affected by the loss of on-street parking as a result of “No Stopping” requirements associated with the device be advised.

 

GB 3          Fatal Accidents in the Penrith Area  (Raised Penrith Police)                                

The Penrith Police representative advised that there have been two recent fatal traffic accidents in the Penrith area.  These accidents occurred at Richmond Road, Penrith and at the intersection of Great Western Highway/Old Bathurst Road, Emu Plains.  Police are currently investigating the cause of the accidents.

The Police representative also advised that they are looking at better methods of providing Council with crash information.  As part of this process, the Fatal Incident Response Strategy Team (FIRST) program may be reintroduced by Penrith Police in order to improve Council/Police co-operation on fatal incidents.

RECOMMENDED that the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:30am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 October, 2011 be adopted.

 

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 31 October, 2011

 

 

 

PRESENT

His Worship the Mayor, Councillor Greg Davies, Deputy Mayor, Councillor Jackie Greenow and Councillors Kaylene Allison, Robert Ardill, Tanya Davies (arrived at 7:38pm), Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 10 October 2011 to 8 November 2011 inclusive.

APOLOGIES

Apologies were received from Councillors Kevin Crameri OAM and Jim Aitken OAM.  

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 26 September 2011

The minutes of the Policy Review Committee Meeting of 26 September 2011 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

 DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

3        Penrith Whitewater Stadium - Annual Report and Board of Directors

Councillor Ross Fowler OAM introduced the report and invited Jack Hodge, Stadium Manager from Penrith Whitewater Stadium Ltd. to give a presentation.

 

Councillor Prue Guillaume left the meeting, the time being 7:42pm.

 

Councillor Prue Guillaume returned to the meeting, the time being 7:56pm.

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2011-12.

3.     Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Whitewater Stadium Ltd. 

 

A Vibrant City

 

Councillor Ross Fowler OAM left the meeting, the time being 8:02pm.

 

Councillor Ross Fowler OAM  returned to the meeting, the time being 8:04pm.

 

4        St Marys Town Centre Association - Annual Business Plan for 2011-12                     

Group Manager People and Places, Roger Nethercote introduced the report and invited Steve Perry from St Marys Town Centre Association to give a presentation.

RECOMMENDED

That:

1.     The information contained in the report on St Marys Town Centre Association - Annual Business Plan for 2011-12 be received and noted.

2.     Funding for the St Marys Town Centre Association be endorsed in the amount of $242,059 and be paid in instalments at the beginning of each quarter.

3.     A letter of appreciation be sent to Bryan Spencer and David Hill and a letter of thanks and congratulations be sent to the St Marys Town Centre Association.

 

 

A Leading City

 

Councillors Tanya Davies and Jackie Greenow left the meeting, the time being 8:27pm.

 

Councillor Tanya Davies returned to the meeting, the time being 8:28pm.

 

Councillor Jackie Greenow returned to the meeting, the time being 8:29pm.

 

1        Delivery Program 2009-2013 - Outcomes of the 2 Year Review

Councillor John Thain left the meeting, the time being 8:49pm.

Councillor John Thain returned to the meeting, the time being 8:50pm.                                      

RECOMMENDED

That the information contained in the report on Delivery Program 2009-2013 - Outcomes of the 2 Year Review be received and noted.

 

 

2        Reporting under the Public Interest Disclosure Act 1994

Councillor Kath Presdee left the meeting, the time being 8:51pm.

Councillor Kath Presdee returned to the meeting, the time being 8:53pm.                                  

RECOMMENDED

That:

1.     The information contained in the report on Reporting under the Public Interest Disclosure Act 1994 be received.

2.     The Public Interest Disclosure Act 1994 internal reporting system policy be adopted with the deletion of paragraph 5 on page 7 of the report.

 

 

A Vibrant City

 

5        Transportation of restricted solid waste to SITA landfill facility                                  

RECOMMENDED

That:

1.      The information contained in the report on Transportation of restricted solid waste to SITA landfill facility be received.

2.      Council write to the Premier of NSW, Leader of the Opposition and Local State Members of Parliament expressing Council’s continued opposition to receiving any waste from Hunters Hill at the Kemps Creek SITA landfill facility.

3.      A further Urgent Report be presented to an Ordinary Council Meeting detailing the State Government’s new proposal of transferring waste from Hunters Hill and how the waste will be processed at the SITA site at Kemps Creek.

4.      Council write a letter to Liverpool City Council advising the Council what Penrith City Council is proposing in relation to the transportation of restricted solid waste to the SITA landfill facility at Kemps Creek.  

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:26pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 31 October, 2011 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

A Leading City

 

1        Audit Committee

 

2        Impact of Carbon Tax on Council and Penrith LGA

 

3        Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility

 

4        2011 Local Government Association Annual Conference

  

A City of Opportunities

 

5        Caddens Voluntary Planning Agreement

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

 

6        Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair Applicant: Cityscape Planning and Projects;  Owner: F & L Russo Pty Ltd C/- Pullman Williams

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

  

A Liveable City

 

7        Sports Donations and Travel Assistance

 

8        Assessment for the proposed closure of Maurice Lane, St Clair

 

9        Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys

 

A Vibrant City

 

URGENT

 

10      Transportation of restricted solid waste to SITA landfill facility

  

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Leading City

 

Item                                                                                                                                                Page

 

1        Audit Committee

 

2        Impact of Carbon Tax on Council and Penrith LGA

 

3        Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility

 

4        2011 Local Government Association Annual Conference

 

 



Ordinary Meeting                                                                                             7 November 2011

A Leading City

 

 

1

Audit Committee    

 

Compiled by:               Peter Browne, Internal Auditor

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Base our decisions on research, evidence, and our responsibility to anticipate harm before it occurs (5.2)

        

 

Executive Summary

This report provides information on the meeting of the Council’s Audit Committee held on
5 October 2011.  The Audit Committee was advised of the outcome of the Contract Management Audit as well as discussing routine items and being brought up to date on governance matters.

Background

The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council four times, the most recent being on 19 July 2010.

 

The NSW Local Government Internal Audit Guidelines (issued September 2010) provide that:

 

An audit committee plays a pivotal role in the governance framework.  It provides councils with independent oversight and monitoring of the council’s audit processes, including the council’s internal controls activities.

Current Situation

The Audit Committee met on 5 October 2011 and adopted the draft minutes of the prior meeting (as provided to Council on 5 September 2011) without alteration.  The Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council and a copy of the draft minutes of the last meeting are attached to this report. 

 

 

RECOMMENDATION

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

 

ATTACHMENTS/APPENDICES

1.  

Audit Committee Unconfirmed Minutes 5 Oct 11

2 Pages

Appendix

  


Ordinary Meeting                                                                                               7 November 2011

Appendix 1 - Audit Committee Unconfirmed Minutes 5 Oct 11

 

UNCONFIRMED MINUTES

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

ON WEDNESDAY 5 OCTOBER 2011 AT 8:00AM

PRESENT

His Worship the Mayor Councillor Greg Davies, Councillor Ross Fowler OAM, Frank Gelonesi (Deputy Chair), and Jayant Gulwadi.

 

Alan Stoneham (General Manager), Peter Browne (Internal Auditor), Barry Husking (Director), Craig Butler (Director), Stephen Britten (Group Manager – Legal and Governance), Vicki O’Kelly (Group Manager – Finance).

 

 

APOLOGIES

Apologies were received from Robert Coombes (Chair), Councillor Jim Aitken OAM, Councillor Kath Presdee and Denis Banicevic (PricewaterhouseCoopers).

 

CONFIRMATION OF MINUTES - Audit Committee Meeting - 17 August 2011

AUC 42 RESOLVED on the MOTION of  Jayant Gulwadi seconded Councillor Ross Fowler OAM that the minutes of the Audit Committee Meeting of 17 August 2011 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

  

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Contract Management                                                                                                      

Peter Browne lead the Audit Committee through the Internal Audit report on Contract Management, including information on why each recommendation was made. 

As some of the issues in the governance report related to contract management, Stephen Britten provided the Governance Report.

 

AUC 43  RESOLVED on the MOTION of Jayant Gulwadi. Seconded Frank Gelonesi that:

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

2.          The Audit Committee be provided with a copy of the procurement guidelines after they are revised.

 

 

2        Standing Items                                                                                                                   

Stephen Britten provided some information on the status of legal challenges and changes related to s94.  Vicki O’Kelly answered questions on Councils financial position and in particular on the Financial Assistance Grant.

 

Vicki O’Kelly advised that there would be a report on risk management provided to the next Audit Committee meeting.

 

The Audit Committee determined to defer the election of the Audit Committee chairperson to the next meeting with the existing Chair and Deputy Chair to remain until that time.

The next meetings will be on 7 December 2011 and 7 March 2012.

 

AUC 44  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Frank Gelonesi that the information contained in the report on Standing Items be received.

 

 

3        Progress on implementing Audit Recommendations                                                      

Peter Browne provided a summary of progress on implementing audit recommendations.  Additional details are in the Audit Committee Business Paper.

AUC 45 RESOLVED on the MOTION of Jayant Gulwadi seconded Frank Gelonesi that the information contained in the report on Progress on implementing Audit Recommendations be received.

 

 

GENERAL BUSINESS

There was no general business.

 

There being no further business the Chairperson declared the meeting closed the time being 9:24am.

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

 

 

2

Impact of Carbon Tax on Council and Penrith LGA    

 

Compiled by:               Natalie  Benzie, Business Analyst

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Base our decisions on research, evidence, and our responsibility to anticipate harm before it occurs (5.2)

        

 

Executive Summary

The purpose of this report is to provide information on the likely impacts the proposed Carbon Tax will have on Council and the residents of Penrith LGA.

 

The proposed Carbon Tax was announced in July 2011 and is expected to commence on 1 July 2012 following the passing of the Carbon Tax bill by the lower house of federal parliament on 12 October 2011. The legislation is expected to be introduced to the Senate on 21 November 2011.

 

The carbon price will be fixed for three years starting at $23 per tonne in 2012-13 and increasing by 2.5% a year. From 1 July 2015 onwards, the price will be set by the market.

 

It is our understanding that Council will not be directly liable for the carbon price, however it will be impacted by flow-through costs to goods or services such as electricity, waste management and fuel, and will be indirectly impacted by potential increases in construction costs and road maintenance costs.

 

The impact of the carbon tax on residents of Penrith LGA is expected to be modest with the federal government estimating price increases of 0.7% over 2012-13. Compensation will be provided for low-to-middle income households to assist families to meet price increases.

Background

In July 2011 the Federal Government announced the introduction of a proposed Carbon Tax and released its Clean Energy Future (CEF) package.

 

The CEF package provides information on the proposed Carbon Tax, compensation packages for households, businesses and industry and a range of support packages to encourage programs in renewable energy, energy efficiency and land use.

 

Key elements of the CEF package include:

 

·    The Carbon Tax will commence 1 July 2012 and is a three year fixed scheme moving to a full Emissions Trading Scheme (ETS) in 2015-16;

·    The carbon price will start at $23 per tonne in 2012-13 and rise by 2.5% a year in real terms. From 1 July 2015 onwards, the price will be set by the market;

·    The aim of introducing a Carbon Tax is to cut pollution by at least 5% compared with 2000 levels by 2020, which will require cutting net expected pollution by at least 23% in 2020. By 2050 the aim is to cut pollution to 80% below 2000 levels;

·    Around 500 of the biggest polluters in Australia will be required to pay for their pollution under the carbon pricing mechanism. A threshold of 25,000 tonnes of carbon dioxide equivalent (CO2-e) per annum will apply for determining whether a facility will be covered by the carbon pricing mechanism. Liable businesses will need to buy and surrender to the Government a permit for every tonne of pollution they produce;

·    Around 60% of Australia’s carbon pollution will be covered by the carbon price, including pollution from electricity generation, some business transport, waste, industrial processes, and fugitive emissions (pollutant released into air from leaks in equipment, pipe lines, seals, valves etc). A carbon price will not apply to agricultural emissions or emissions from light on-road vehicles. While costs will rise for some products and services, households, smaller businesses and farmers will have no direct obligations under the carbon price;

·    The waste sector will be covered by the CEF package. Landfills that will be required to pay a carbon price will be those that exceed 25,000 tonnes of CO2-e per annum. Legacy waste (waste deposited prior to the scheme starting) emissions will be counted toward reaching the threshold, however the emissions from this waste will not have a carbon price applied;

·    Electricity generation will be covered by the CEF package. The Government has also indicated that 2000 megawatts of high polluting capacity will be closed across Australia. An Energy Security Fund will provide an approximate $5.5 billion to assist generators with the transition;

·    Light commercial vehicles (4.5 tonnes or less gross vehicle mass) and households will not face a carbon price. Other business transport will be subject to an equivalent carbon price, generally applied by reducing fuel tax credits.

The impact on Council

From the information presently available on the Carbon Tax, it appears Council as an entity will not be directly liable for the carbon tax. However, there will be flow-through cost impacts. The likely direct cost increases for Council include:

 

Energy Costs

Electricity prices (civic centres, swimming pools, street/public lighting etc) are likely to increase between 10-15% and gas prices to increase by 9%.

 

Council’s current electricity contracts with Energy Australia (major sites) and Origin Electricity (street lighting) expire on 30 June 2013, while the AGL contract (small sites) will expire on 30 June 2012. Although the price that Council pays for electricity is locked under these contracts, Council is liable for pricing changes that result from changes to legislation. When the current contracts are due for renewal, price increases that result from the carbon tax will be taken into account.

 

Fuel

Light commercial vehicles (4.5 tonnes or less gross vehicle mass) will not face a carbon price. Other business transport will be subject to an equivalent carbon price, generally applied by reducing fuel tax credits as per the following table:

 

 

 

 

Table 1 – Fuel Tax credit reductions

 

Fuel

2012-13

2013-14

2014-15

Petrol

5.52

5.796

6.096

Diesel and other liquid fuels

6.21

6.521

6.858

LPG

3.68

3.864

4.064

LNG & CNG

6.67

7.004

7.366

 

Fuel tax credits were introduced on 1 July 2006 for fuel used in heavy vehicles and in a range of business activities. The credits are for the fuel tax (excise or customs duty) included in the price of fuel used in business activities for vehicles with a gross vehicle mass of greater than 4.5 tonne.

 

Council claims fuel tax credits for emergency services vehicles that are registered to Council. In the 2010-11 financial year Council was eligible to claim $3,131.25 on these vehicles at a rate of 15.043 cents per litre.

 

It is expected that Councils will receive approximately 6 cents per litre less rebate in 2012-13.

 

Waste Management

The cost implication for landfill is unknown at this stage. The Australian Landfill Owners Association (ALOA) has produced a report that forecasts significant increases in landfill prices throughout Australia.

 

Waste and Community Protection Manager’s Comment

The carbon price ($23 a tonne) will apply to landfill facilities that produce more than 25,000 tonnes of carbon dioxide a year from next July. The carbon price will not apply to waste deposited at landfills before July 2012 but these emissions will count towards facility thresholds – that is, whether a landfill emits more than 25,000 tonnes of carbon dioxide. It will not apply to “legacy” waste in landfills closed before that date.  Penrith City Council no longer manages an active landfill.

 

Local Government is now considering alternatives to reduce carbon costs, such as expanding recycling and removing organic matter from landfill. Penrith Council is currently recognised as a leader in diversion of organics from landfill.

 

Initial indications are that carbon pricing will affect Council waste processing contracts, and whilst details are yet to be determined, Penrith’s exposure has been decreased due to the investment Council has made in processing its domestic waste through the SAWT facility - minimising its waste to landfill.

 

Council is aware that there may also be other impacts to the waste service resulting from the heavy vehicle fuel levy and the introduction of a carbon price.

 

 

 

Indirect Costs

Indirect costs can be attributed to the potential increase in the cost of goods and raw materials (such as steel, bitumen, concrete, timber etc).

 

To offset some of these costs the CEF package has a number of funding programs aimed at renewable energy and energy efficiency which will be available to Local Government. In particular, the Low Carbon Communities program has been expanded from $80 million to $330 million under the CEF package and will be available for councils to introduce energy efficiency schemes such as the transition to sustainable street lighting.

 

From the information currently available it is not possible to determine the total impact of the proposed Carbon Tax on Council.

 

Impacts on residents of Penrith LGA

According to the Federal Government the impact of the Carbon Tax for residents of Penrith LGA will be modest. It is estimated that the Carbon Tax will increase prices by 0.7% over 2012-13, as measured by the consumer price index (CPI).

 

The CEF package provides compensation for households with the focus on low-to-middle income households with approximately 50% of the revenue generated from the carbon tax to be used to compensate households. The key aspects of the household compensation proposal are:

 

·    An increase in the tax-free threshold rising to $18,200 in 2012-13 and further rising to $19,400 in 2015-16

·    Increase in family benefit payments, pensions and allowances to assist households meet cost increases

·    Households will be exempt from the carbon price on transport fuel use.

 

Current Situation

At this point in time, the full costs of the carbon tax are not quantifiable. For example, street lighting electricity expenditure combines network charges and electricity usage and it is not clear at this stage if the carbon price applies to both or only one of the electricity charge components. In preparing the 2012-13 original budget, costs for the Carbon Tax will be accounted for using all current information available at the time.

 

Conclusion

In July 2011 the Federal Government announced the introduction of a proposed Carbon Tax and released its CEF package. The Carbon Tax bill was passed by the lower house of Federal Parliament on 12 October 2011 and is expected to be introduced to the Senate on 21 November 2011.

 

Although Council as an entity will not be directly liable for the carbon price, there will be  flow-through cost impacts on areas such as fuel, building construction, road maintenance, energy and waste disposal costs. As a possible partial offset, there are increased grants to Local Government to help lower energy costs.

 

The impact of the carbon tax on residents of the Penrith LGA is expected to be modest with price increases of 0.7% over 2012-13. The CEF package provides compensation for low-to-middle income households to assist families to meet price increases.

 

Council will be updated as more information becomes available.

 

 

 

RECOMMENDATION

That the information contained in the report on Impact of Carbon Tax on Council and Penrith LGA be received and noted.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             7 November 2011

A Leading City

 

 

3

Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility    

 

Compiled by:               Peter Blazek, Property Officer - Management

Adam Wilkinson, Engineering Services Manager

Authorised by:            Brian Griffiths, Property Development Manager

Wayne Mitchell, Group Manager - City Infrastructure

Vicki O’Kelly, Group Manager - Finance   

 

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)

        

 

Executive Summary

Nepean Blue Mountains Local Health District (NBM LHD) has approached Council for consideration to lease Council vacant land being Lots 137, 138, 139 & part Lot 140 in DP14333 on the corner of Rodgers and Somerset Streets, Kingswood as a temporary car parking facility during extension works proposed over the next 4-5 years to the existing Nepean Hospital.

 

The temporary car parking will alleviate car parking shortfalls within the hospital grounds during these building works, as well as accommodating parking for construction workers presently occupying valuable kerbside parking.

 

It is proposed that Council will construct the temporary car parking facility within these properties on behalf of NBM LHD at their cost and the completed area will be fenced off and secured.

 

At the end of the leasing term the car parking facility will be removed by NBM LHD, the park will be restored to its natural state and additional embellishment works to enhance the park will be negotiated with NBM LHD as compensation to the local community.

 

It is recommended that Council approve leasing of this facility for a period of five years to NBM LHD in accordance with the terms and conditions set out in the report.

Background

Lots 137, 138, 139 and part of 140 in DP14333 on the corner of Rodgers and Somerset Streets, Kingswood are classified as “Community” land under Council’s Plans of Management (see attached map).

 

Leasing of this open space land was conducted under Section 47A of the Local Government Act 1993 – leases, licences and other estates in respect of community land – terms of 5 years or less.

To comply with the Act, the Council must advertise the proposed lease for a period of no less than 28 days in the local newspaper; send letters to adjoining owners and affix a sign on the subject land advertising the proposed leasing of this land.

 

As a result of this public advertising feedback has been received from one adjoining resident seeking consideration of stormwater flows from their adjoining property onto the subject land, an issue that is being addressed through the design of the carpark formation.

 

The land for the proposed car park has no trees or any other park or playground facilities.

 

Councillors would be aware of significant pressures on parking availability in the precinct around Nepean Hospital. This is primarily as a result of a number of construction projects occurring on the hospital site which have both displaced parking and attracted additional contractors and their vehicles to the site. In the order of 300 to 400 parking spaces from within the hospital grounds have been temporarily lost during this construction phase.

 

Plans are being developed for a new decked parking structure on the hospital site, but it is likely to be some time before its construction is complete. In discussions with the NBM LHD

Management, Council Officers have offered to assist them to alleviate the pressure on parking. A range of options are being progressed to help both staff and visitors to the Hospital, as well as the various building contractors. In addition to the proposed temporary carpark, Council Officers have also extended the formal Restricted Parking Area scheme around the hospital to better manage on-street parking, amended the timed parking restrictions in Barber Avenue and will soon be providing new bus shelters in Derby Street to encourage better utilisation of the high frequency bus service to the precinct. All of these measures in combination will help to improve parking and access to the hospital in the short term.

 

City Works Comment

It is proposed to construct a temporary parking area to accommodate approximately 100 cars which will be done using recycled road profile as a foundation material to minimise the cost. The surface will be sealed to minimise maintenance and line marking will be provided if deemed necessary.  Associated work will also include kerb crossing, minor drainage works and a boundary fence. A small buffer area will be maintained between the carpark and adjoining residential boundaries in Orth Street.

 

This work can commence as soon as a lease is entered into and the costs of the works are being met in full by NBM LHD. In has also been agreed that the cost of the restoration works, to remove the temporary carpark and rehabilitate the site at the end of the lease period, will also be met in full by NBM LHD.

 

To reinforce the temporary nature of this carpark, signage will be erected to advise the public of the temporary nature of the carpark and the associated timeframes.

 

 

 

 

 

 

 

Terms and Conditions of Lease

The terms and conditions of leasing of “Community” land to NBM LHD under Section 47A of the Local Government Act 1993 are as per the following:

 

Tenant:

Nepean Blue Mountains Local Health District

Use of Premises:

Temporary Car Parking Facility

Description of Land:

Lots 137, 138, 139 & part of 140 in DP14333 on the corner of Rodgers & Somerset Streets, Kingswood

Licence Term:

5 year term – under Section 47A of the Local Government Act 1993.

Licence Commencement Date:

TBA

Licence Termination Date:

TBA

Rental:                        

$1 per annum

Area:

Approx. 2,540 m2

Licensee Responsibility:

§ Pay Council to construct a temporary car parking facility on the designated land

§ Manage the car parking facility during the Licence term

§ Carry out all repairs & maintenance to the car parking facility during the Licence term

§ Maintain public liability insurance to the value of $20 million with Council noted as an interested party

§ Remove temporary car parking facility at the end of the Licence term

§ Carry out designated embellishment works as agreed with Council at the end of the period to improve the land following removal of temporary car park.

Licensor Responsibility:

§ To construct a temporary car parking facility over the designated “Community” land as agreed with Nepean  Blue Mountains Local Health District at their cost

§ To lease the car parking facility to NBM LHD for  a 5 year term under Section 47A of the Local Government Act 1993

§ NBM LHD to remediate the temporary car parking facility at the end of the Licence term to Council’s approval

§ To negotiate additional embellishment works over the land following removal of the car parking facility with NBM LHD. 

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility be received.

2.     Council approve leasing of Lots 137, 138, 139 & part of 140 in DP14333 on the corner of Rodgers & Somerset Streets, Kingswood to Nepean Blue Mountains Local Health District in accordance with the terms and conditions set out in the report.

3.     Council undertake construction of the temporary car park facility, with full cost of works being paid for by NBM LHD.

4.     NBM LHD ensure that a sign is erected on site, for the period of the lease, advising the public of the temporary nature of the carpark and the associated timeframes. Location and wording to be determined in consultation with Council.

5.     NBM LHD remove the car park and restore the land to its natural state at the end of the temporary leasing period at their cost.

6.     NBM LHD provide additional embellishment works on the “Community” land to enhance the land as compensation for use of the land.

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

 

ATTACHMENTS/APPENDICES

1.  

Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility

1 Page

Appendix

  


Ordinary Meeting                                                                                                            7 November 2011

Appendix 1 - Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility

 

 


Ordinary Meeting                                                                                             7 November 2011

A Leading City

 

 

4

2011 Local Government Association Annual Conference    

 

Compiled by:               Glenn McCarthy, Executive Officer

Authorised by:            Alan Stoneham, General Manager   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

        

 

Executive Summary

This report provides details of the proceedings of the 2011 Local Government Association (LGA) Conference held in Nowra from 23 to 26 October 2011.

 

Council submitted eight (8) motions to the Conference with the following result:

 

·      Three (3) motions were adopted as submitted

·      Five (5) motions were referred to the LGA Executive

 

Elections to the LGA Executive were conducted at the Conference. Councillor Karen McKeown was successful in being re-elected as a metropolitan representative on the LGA Executive committee.

Background

The Annual Conference of the Local Government Association of NSW is the forum at which the ongoing policies of local government in NSW are affirmed, amended and/or extended to address issues of concern for local government across the state. This year’s conference was held in Nowra, from 23 to 26 October 2011.

 

Council’s delegates to the conference were the Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Kevin Crameri OAM, Ross Fowler OAM, Ben Goldfinch, Karen McKeown and Marko Malkoc.   

 

The support team was led by General Manager, Alan Stoneham; Public Domain Amenity and Safety Manager, Yvonne Perkins; Executive  Officer, Glenn McCarthy and Aboriginal Liaison Officer, Carolyn Gartside.

 

As in previous years, Council also sponsored the attendance of representatives of the Deerubbin Local Aboriginal Land Council (DLALC) at the conference. This year, Chief Executive Officer, Kevin Cavanagh and Board Member, Donald Dodds attended as representatives of the DLALC. The attendance of the DLALC representatives continues to enhance and strengthen the relationship between the DLALC and Council. The advice and counsel of the DLALC representatives has enabled Council’s delegates to participate in the debate on matters raised at the Conference with a greater level of awareness of the issues than would otherwise be possible.

Outcome of Motions submitted by Council

Council has a very successful track-record in past years at influencing the development of state-wide LGA policy, particularly in the areas of children’s services funding, planning, the environment, community planning, fire and emergency services, roads and transport, and rating policy.

 

This year, Council submitted eight (8) motions, the results of which are set out below.

 

Five Category 2 Motions

(i.e. matters not covered by existing policy and matters involving change of policy)

 

Motion 26 – ADOPTED

 

Service delivery by local Government to people experiencing homelessness

 

That the Local Government Association promote Penrith City Council’s Protocol for Service Delivery to People Experiencing Homelessness as leading practice for working with and responding to homeless people within local Government areas in NSW.

 

Motion 28 – ADOPTED

 

COAG Early Childhood agreement review

 

That the Local Government Association request that the Australian Government review the language of the COAG Early Childhood agreement to provide 15 hours of early childhood care to every four year old in Australia to include the phrase “12-18 hours” of early childhood education.

 

Motion 36 – ADOPTED

 

Establishment of independent access accreditation system for tourist facilities

 

That the Local Government Association call on the Parliamentary Secretary for Disabilities and Carers, Senator the Hon Jan McLucas, to make representations to The Hon Martin Ferguson AM, MP Minister for Tourism, seeking the establishment of a national independent access accreditation system for tourist accommodation in Australia.

 

Motion 76 – REFERRED TO EXECUTIVE

 

Contributions Cap Imposed on local Government

 

That the Local Government Association call on the Premier to recognise the serious adverse financial and community equity implications of the previous State Government to impose a $30,000 per lot/cap on developer contributions for growth area councils, revoke the cap and commit to working with councils to deal with the problems of housing affordability in NSW.

 

 

 

Motion 98 – REFERRED TO EXECUTIVE

 

Compliance with accessibility requirements for bus stops

 

That the Local Government Association call on the Department of Transport and the Australian Human Rights Commission to clarify responsibilities in respect of compliance with requirements for the upgrading of infrastructure associated with new and existing bus stops to meet the requirements of “Guideline for promoting compliance of bus stops with the Disability Standards for Accessible Public Transport 2002” and the DSAPT.

 

Three Category 3 Motions

(i.e. those matters that are reaffirmations of existing policy and or issues of a specific local nature)

 

Motion 126 - REFERRED TO EXECUTIVE

 

Increased support to Councils & Pensioners

 

That the Local Government Association call on the Australian Government to: 

1.   Increase the percentage of subsidy provided to councils in providing pensioner rebates on council residential rates; and;

2.   Ensure that any increase in pensioner rebates be fully funded by the NSW and Australian Governments.

 

 

Executive Note

This is existing policy and the Associations will continue to make representations on the matter.

 

Motion 139 - REFERRED TO EXECUTIVE

 

Regional Structure Plans

 

That the Local Government Association call on the NSW Government to prepare Regional Structure Plans to detail the physical and social infrastructure required to meet the objectives of the State Plan respective Regional Strategies.

 

Executive Note

This is existing policy and the Associations will continue to make representations on the matter.

 

Late Motion L26 - REFERRED TO EXECUTIVE

 

Destination 2036 Action Plan

 

That the Local Government Association calls on the Division of Local Government to review the timeframe for the preparation of an Action Plan concerning the outcomes of the Destination 2036 workshop.

 

 

Other Motions

More than 150 new or amended items of policy were added to the LGA’s policy as a result of the deliberations of the conference. A full list of the outcomes of the Motions put before the conference will be provided to Councillors, under separate cover, when they become available from the LGA. 

Outstanding Service Award

Councillor Ross Fowler OAM was awarded the Local Government Association’s Outstanding Service Award in recognition of his 20 years’ service to local government.

Election of Executive Committee

Councillor Karen McKeown was nominated for election to one of the 20 positions on the Executive Committee and was declared elected on Tuesday 25 October 2011.

Conference Venue for 2013

While the Local Government Association and the Shires Association continue to work towards One Association to represent Local Government in NSW, the LGA have not called for nominations for the 2013 Conference.

 

The 2012 Conference will be hosted by Dubbo City Council.

Conclusion

Council was again successful in influencing NSW Local Government policy, and in advocating and lobbying for better outcomes that affect Penrith City and other local government areas across the State.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2011 Local Government Association Annual Conference be received.

2.     A letter of appreciation be sent by the Mayor to the Chairperson of the Deerubbin Local Aboriginal Land Council thanking the DLALC for their attendance and support at the 2011 Local Government Association Conference.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                                Page

 

5        Caddens Voluntary Planning Agreement

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

 

6        Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair Applicant: Cityscape Planning and Projects;  Owner: F & L Russo Pty Ltd C/- Pullman Williams

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

 

 



Ordinary Meeting                                                                                             7 November 2011

A City of Opportunities

 

 

5

Caddens Voluntary Planning Agreement    

 

Compiled by:               Anthony Milanoli, Senior Environmental Planner

Matthew Bullivant, Senior Legal Officer

Authorised by:            Paul Grimson, Sustainability & Planning Manager

Stephen Britten, Group Manager - Legal & Governance   

 

Objective

We have access to what we need

Community Outcome

A City with lifestyle and housing choice in our neighbourhoods (8)

Strategic Response

Encourage housing that provides choice, achieves design excellence, and meets community needs (8.1)

       

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

 

Executive Summary

The purpose of this report is to examine a proposal by Landcom to vary the Caddens Voluntary Planning Agreement. Landcom seeks to vary the date that they must pay the affordable housing contribution.

 

On 19 May 2009 Council and Landcom signed a Voluntary Planning Agreement (VPA) regarding the rezoning of Caddens Urban Release Area. Amongst the contents of the VPA was a requirement for Landcom to pay Council $337,000 towards the provision of affordable housing in Penrith City. Payment was to occur no later than 2 years from the date of gazettal of the Caddens LEP. Since the LEP was gazetted on 25 September 2009, Landcom’s affordable housing payment is now due.

 

On 5 September 2011 Landcom wrote to Council and requested that payment now be deferred. Landcom’s proposed new payment date is the latter of either: two years after consent has been issued for development of their estate; or upon the issuing of the Subdivision Certificate for the 100th residential lot. The reason for this deferred payment date is that Landcom’s development of Caddens has been delayed.

 

Council’s Community and Cultural Development Department and Senior Legal Officer have reviewed Landcom’s request and raise no objection to the amendment. The new VPA will however require minor amendments relating to indexing of the payment and incorporation of security regarding payment.

 

Given that demand for affordable housing will not be generated until Landcom’s Caddens DA is substantially commenced, there is considered to be no practical reason why a deferred payment date should not be accepted. This report recommends that Council enter into a revised Voluntary Planning Agreement with Landcom (as attached to this report) and commence the process for implementing the revised VPA.

Background

On 1 December 2008 Council examined the merit of rezoning the Caddens Urban Release Area.  Council’s Sustainability Blueprint contains the planning assessment criteria for urban release areas. The Blueprint requires that rezoning proponents address affordable housing issues which arise in the establishment of new urban areas. Landcom, as the rezoning proponent for Caddens, elected to address the affordable housing issue through payment of a contribution incorporated in the Caddens Voluntary Planning Agreement. Landcom proposed contributing $337,000 towards the provision of affordable housing, to be paid within two years of the date of gazettal of the Caddens Local Environmental Plan (LEP). On 1 December 2008 Council resolved to endorse the public notification, finalisation and signing of the Voluntary Planning Agreement (VPA) for Caddens. The VPA was signed by Council on 19 May 2009 and is now legally binding.

 

At the time that the Caddens VPA was prepared, it was expected that new housing within the estate would be significantly advanced at the time the affordable housing contribution was due. It was intended that Landcom’s contribution for affordable housing would be directed towards a community housing provider, which would use the contribution as a means of receiving Federal Government grants and loans for low-cost accommodation across Penrith City. The Landcom contribution was expected to achieve a “multiplier” effect, generating much larger investment in affordable housing than the sum alone would suggest. Specifying a date by which the Landcom’s contribution would be paid was expected to provide possible housing cooperatives with funding certainty and minimise the long housing delivery lead times.

 

The Caddens LEP was gazetted on 25 September 2009 and accordingly Landcom’s contribution towards affordable housing is now due.

 

Following gazettal of the Caddens LEP, Landcom submitted development applications to both Council and the Joint Regional Planning Panel to redevelop most of their land holdings within Caddens into 346 lots which have the potential to accommodate 371 new dwellings. Due to complexities arising from the imposition of the $30,000 cap on development contributions by the Minister for Planning, approval of Landcom’s proposal was delayed until September 2011. As a consequence of these delays, no housing development has occurred within Caddens and thus no demand for affordable housing has arisen. Under the conditions of the VPA however, Landcom’s affordable housing contribution remains due.

 

Present consideration – request by Landcom to amend the VPA

Landcom wrote to Council on 5 September 2011, and requested deferral of the payment dates for its affordable housing contribution. Landcom’s request proposes that payments be deferred and occur under the following arrangement:

 

“6.1 The original Developer under this Agreement, being Landcom, is to pay the

Affordable Housing Contribution to the Council no later than:

6.1.1 2 years after the date on which Development Consent is granted for the

creation of the 100th Trigger Lot on the Schedule 2 Land; and

6.1.2 the issuing of the Subdivision Certificate for the 100th Trigger Lot on the

Schedule 2 Land,

whichever is the earlier.”

 

Thus, we would pay Council the Affordable Housing Contribution prior to the release of the subdivision certificate for Stage 2. If we were delayed in completing Stage 2, we would pay the Contribution no later than 2 years after consent is issued for Stages 1 and 2. Our legal advice is that it is appropriate to set out the amendment in a Deed of Variation, and before entering into the Deed, it must be notified in accordance with s93G(1) of the Environmental Planning and Assessment Act 1979.”

 

It should be noted that the Caddens VPA also requires that Landcom transfer environmentally sensitive land within Caddens to Council. Landcom does not propose to amend this element

of the VPA.

 

Proposed new Voluntary Planning Agreement

While the payment date for Landcom’s affordable housing contribution has now passed, it is not considered appropriate that Council undertake legal action to enforce payment given the absence of Caddens-related demand. In light of theses circumstances, it is recommended that Council vary the VPA with Landcom to deliver the affordable housing contribution at the appropriate time. This will require amending the payment date for contributions contained in the VPA. Additionally, further amendments to the VPA will be required in relation to:

 

1.  Indexing the contribution rate – this will ensure the contribution rate remains current by indexing the payment owing according to the rates identified by the Australian Bureau of Statistics’ Housing Price Index – Established House Prices (Sydney). Landcom has agreed to the indexing of the contribution and ensuring the surety offered will also provide for the indexed affordable housing contribution;

 

2.  Ensuring appropriate security is provided – The Land and Environment Court recently ruled that it was necessary for VPAs to incorporate sufficient security to ensure the facilities and services described in the VPA would be delivered. The current Caddens VPA was prepared prior to this legal precedent and accordingly does not include such security. Accordingly, it will be necessary to amend the Caddens VPA to include security associated with the payment of $337,000, as indexed. Landcom has agreed to provide the required security by way of  Treasury Bonds;

3.   The Explanatory Note – This note seeks to explain the purpose of the VPA in Plain English and is included in the Public Notification of the VPA. The current explanatory note requires amending to address the revised payment date for Landcom’s affordable housing contribution.

Community and Cultural Development Manager’s Comments

The Community and Cultural Development Manager has examined Landcom’s request for deferred payment of the affordable housing contribution for the Caddens release and has no objection to the proposed amendment.  The rationale that the demand for affordable housing will not arise until the development of Caddens has begun is considered reasonable.  However, it is also suggested that the new VPA consider indexing the affordable housing contribution to ensure the value of the affordable contribution will be maintained.

 

As noted above, Landcom has agreed to the indexing of the affordable housing contribution proposed in the VPA.

 

 

Senior Legal Officer’s Comment

Council’s Senior Legal Officer has reviewed the proposal and advised that the proposal appears acceptable subject to :

-     achieving appropriate surety for the affordable housing contribution (in accordance with the findings of the recent Land & Environment Court ruling); and

-     considering the incorporation of an indexing of the affordable housing contribution.

 

The Senior Legal Officer also draws attention to the fact that Council’s acceptance of surety to date has related to Insurance Bonds or Bank Guarantees. Treasury Bonds are considered to offer an equally high level of financial security to Council in terms of recouping funds in the event of a default, but will need to be authorised by Council if this revised VPA is to be accepted. A recommendation to this effect is contained below.

 

Acting Financial Services Manager’s Comment

It is considered prudent that the affordable housing contribution be indexed to ensure the value of the contribution is maintained at its present value as the time of payment is reliant on other factors. The recent ruling from the Land and Environment Court requires Council to incorporate sufficient security into the Voluntary Planning Agreement to ensure facilities and services included in the agreement are provided. Landcom have agreed to provide Council with Treasury Bonds to the value of $370,700 ($337,000 and GST) and although Council has previously only accepted Bank Guarantees or Insurance Bonds it is felt that Treasury bonds offer the same level of financial security.   

 

The next steps

If Council resolves to enter into a revised VPA with Landcom regarding Caddens, the next steps in the process will be as follows:

1.   The redrafted VPA is placed on public notification for inspection for at least 28 days;

2. The exhibited VPA is signed by Landcom and Council – upon which date it takes effect;

3. The Director General of the Department of Planning and Infrastructure is notified of the new VPA;

4.   Landcom pays the affordable housing contribution on the date described in the VPA;

5. Council allocates the affordable housing contribution to the relevant housing agency to achieve delivery of low cost accommodation.

Conclusion

Landcom’s request to vary the date upon which payment of a contribution towards the provision of affordable housing should occur is considered reasonable. Given that no housing development has occurred in Caddens there has been no demand for low cost accommodation. This report recommends that the existing Caddens VPA should be revised to insert later contribution payment dates. In recognition of recent legal precedents and inflation, it is further recommended that the VPA be revised to:

 

-  introduce a requirement for financial security for the affordable housing contribution and the cost of embellishing the environmentally sensitive land to be transferred; and

-     index the contribution rates.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Caddens Voluntary Planning Agreement be received.

2.     Council enter into a Voluntary Planning Agreement with Landcom in relation to Caddens and subject to the negotiated arrangements for security.

3.     Council accept Treasury Bonds as a security for payments owing under this or any future Voluntary Planning Agreements or Development Consents.

4.     The revised Caddens Voluntary Planning Agreement be publicly notified for at least 28 days in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations 1979, as amended.

5.     Upon conclusion of the Notification period, the Voluntary Planning Agreement be entered into.

6.     The signed Voluntary Planning Agreement be forwarded to the Director General of Planning and Infrastructure for record keeping purposes.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             7 November 2011

A City of Opportunities

 

 

6

Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair  Applicant:  Cityscape Planning and Projects;  Owner:  F & L Russo Pty Ltd C/- Pullman Williams    

 

Compiled by:               Ashlee Cutter, Environmental Planner

Authorised by:            Peter Wood, Acting Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

A City with a strong local economy and access to jobs (6)

Strategic Response

Facilitate a diverse economy, sustainable businesses and secure employment base (6.1)

       

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

 

Executive Summary

Council has received a Section 96(1A) application to modify development consent no. 11/0235 proposing to remove Condition No. 2 which limited the consent to a trial period of 12 months.

 

The applicant has provided additional information as part of the application to address concerns previously raised by NSW Police Service - St Marys Local Area Command (LAC) regarding antisocial behaviour resulting from a bunching of liquor stores and proximity to potentially sensitive lands uses. In response to neighbour notification a total of one (1) written submission raised a number of concerns relating to the safety and security of the area, including the adjoining park, through anti-social behaviour.

 

Condition No. 2 of that consent was imposed as way of ensuring the potential security matters could be addressed should it become an issue during the first 12 months of operations of the liquor store.

 

Another condition (Condition No. 8) required a Security Management Plan to be submitted for Council’s consideration prior to the issue of Occupation Certificate. The Security Management Plan was required to contain systems in place pertaining to the use to ensure appropriate measures were in place to prevent alcohol-related antisocial behaviour. This information was not supplied during the assessment of the Liquor Store application and the time limited condition was imposed. The Security Management Plan has now been satisfactorily provided and removal of the time limited condition is appropriate.  

 

Pursuant to Section 79C and Section 96(1A) of the NSW Environmental Planning and Assessment Act 1979, an assessment of the subject application has been made. Having regard to the matters discussed in this report, the application is recommended for approval.

 

 

 

Site and Surrounds

The ‘Melville Street Centre’ is a retail and commercial centre accommodating approximately 12 tenancies and some 61 parking spaces on the corner of Melville Road and Moore Street, St Clair. Shops at the centre include a takeaway store, pharmacy, bakery, Chinese restaurant, pizza shop and tobacconist. A medical centre is located towards the northern end of the centre. The tenancies (Shop 10 and Shop 11) in question are currently vacant, but were previously occupied by ‘Video Ezy (See Appendix 1).

The proposed liquor store is located near the following potentially sensitive land uses:

 

Distance

Use

Address

20m

Kindana Out of School Hours Care

25 Moore Street, ST CLAIR

30m

Holy Spirit Primary School

7-17 Todd Row, ST CLAIR

80m

Melville Road Family Medical Centre

12/41 Melville Road, ST CLAIR

 

Background

DA11/0235 was approved under delegated authority on 30 June 2011 and included the following aspects (See Appendix 2):

-     Fit out of existing tenancy (trading as BWS) including a proprietary manufactured internal cool room, shelving, and some minor exterior alterations.

-     Hours of operation:      

§ 9am – 8pm Monday to Wednesday

§ 9am – 9pm Thursday to Saturday

§ 10am – 7pm Sunday

-     Number of staff to total 8 (3 full time and 5 casual).

-     Two (2) business identification signs fixed to the existing awning fascia and three (3) non illumined business identification signs fixed to the southern elevation of the building.

 

The consent included conditions requiring a Security Management Plan and restricting the operating period to 24 months to ensure the premises operated without causing unreasonable impacts to the locality in response to concerns raised.

 

The Proposed Development

The Section 96(1A) Modification application proposes to delete Condition No.2 of the development consent which currently reads as:

 

“This consent is limited to a period of 24 months from the date of this consent. Prior to the expiry date of this consent, the applicant will be required to submit an application for any continuance of the use.”

 

The applicant has now submitted a Statement of Impact and a Community Impact Statement in support of their liquor license application. They have also submitted a Security Management Plan to satisfy Condition No. 8, demonstrating that the use will actively improve safety and security through the use of cameras, lighting and passive surveillance (See Appendix 3).

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C and Section 96(1A) of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

1.   Section 96(1A) of the Environmental Planning and Assessment Act 1979

Under the provisions of Section 96(1A) of the Act, Council may in response to an application, modify a consent if the development as modified will achieve minimal environmental impact and be substantially the same development as originally approved.

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

Penrith Interim Development Order (IDO) No. 28

The subject site is zoned 3(c) – Neighbourhood Business under IDO No. 28 and the proposed development is defined as a shop. A shop is defined under the instrument as:

“Shop” means a building or place used or intended for use for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Order, or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause or for a roadside stall.

The proposed modifications do not diminish the approved development’s compliance with this definition.

The IDO does not define specific objectives for the 3(c) Neighbourhood Business zone, however the following is noted:

§ The proposal will provide opportunities appropriate to the surrounding neighbourhood and is consistent with the existing neighbourhood shops established in the centre;

§ It allows for sufficient commercial use to meet local needs and is of scale suitable to the area; and

§ It aids in consolidating retail and commercial activities around existing commercial uses.

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

Penrith Development Control Plan (DCP) 2010

Clause 1.2.5 of Part C1 Site Planning and Design Principles under the DCP outlines the principles of Crime Prevention Through Environmental Design (CPTED). The proposal to remove Condition No. 2 would need to adequately demonstrate that the design meets the requirements of CPTED and provides as far as possible limited opportunities for anti-social behaviour. The application was referred to Council’s Community Safety Officer and their comments are addressed under the following principles:

 

 

Principle 1: Natural Surveillance.

The proposal will be open after normal business hours until 9pm on most days of the week. The natural surveillance as a result of this shop being open these few additional hours will provide greater lighting in the car park and shop front area and increased security to the adjoining neighbourhood shops. The proposal will increase customer movements in this area after hours and therefore provide additional passive surveillance.

Principle 2: Access Control

The shop is clearly identified through the use of signage and the entrance is restricted to a single entrance fronting the car park. Condition No. 8 of the consent required a detailed Security Management Plan to be provided for Council’s consideration prior to the issue of Occupation Certificate.  The Security Management Plan is to detail:

-        Use of CCTV systems;

-        Use of an intruder alarm system;

-        Staff procedures to respond to an armed hold-up/robbery;

-        Use of CCTV systems;

-        Incident reporting and documentation of any occurrences of anti-social behaviour to ensure that the relevant authority is informed and to record what action was taken to prevent the incident’s reccurrence; and

-        Procedures to prevent alcohol-related antisocial behaviour and loitering around the outlet and adjacent car park and bus stop area.

 

The Security Management Plan has been provided as part of the application and details procedures to prevent alcohol-related anti-social behaviour. Should any safety and security matters arise out of the operations of the store, Condition No.12 provides for Council or NSW Police to take action:

 

“Store Management are to be available at a mutually convenient time, at the invitation of Penrith City Council and/or the NSW Police, to discuss and action community safety, security or other issues should the need arise.”

Principle 3: Territorial Reinforcement

The design of the store is clearly defined through an easily recognisable store entrance, visible signage and additional lighting enabling:

§ People to clearly observe the store before entering, and to enable persons inside the store (particularly staff) to observe persons outside the store entrance;

§ Internal areas to be well lit, utilising lighting after-hours to assist in surveillance of the store outside of operational hours;

§ Additional lighting around the store to enable clear vision for CCTV cameras. This will also provide for greater visibility for the patrons and passive surveillance of the store from neighbouring premises and/or nearby residential properties.

Principle 4: Space Management.

The additional information provided by the applicant in the Statement of Impact indicates that policies and procedures will be in place to help minimise the risk of alcohol related anti-social behaviour associated with this development.

Procedures to prevent alcohol-related antisocial behaviour and loitering around the outlet and adjacent car park area, bus stop and neighbouring reserve, particularly given that the shopping centre is located in a residential area should be implemented. In removing Condition No.2 there is minimal opportunity for Council to monitor and review the application should this become an issue and in accordance with NSW Department of Local Government’s Ministerial Guidelines on Alcohol Free Zones 2009,  Alcohol Free Zones only apply to streets and footpaths where indicated by signage, not parks.

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

The ‘Melville Street Centre’ hosts a number of local commercial premises servicing the needs of the adjoining residential area. The proposal represents an existing opportunity to expand this range of shops which will not adversely impact the current use of the site or adjoining sites and land uses.

 

The use is appropriately defined as a shop under IDO No.28 comprising retail business within a mix of other existing businesses. The development will not introduce liquor stores to the area for the first time with St Clair shopping centre located 800m to the east. It will merely allow for a conveniently located liquor store for the residents of St Clair as an alternative to that existing.

 

Concern was expressed by St Marys LAC as part of the original application regarding increased anti-social behaviour resulting from a bunching effect of licensed premises. The applicant has furnished Liquor Licensing data from the NSW Office of Liquor Gaming and Racing indicating an under–provision of licensed premises in the relevant trade area (LC) when compared to that of broader community of Penrith (BC) and that of New South Wales figures.

 

From the table above it can be seen that the trade area has a significantly lower number of liquor licences than the number of liquor licences per 100,000 population provided by the NSW Office of Liquor Gaming and Racing’s Social Profile Report which reviews outlet density.

 

The applicant has also provided information undertaken by Woolworths that, based on past experience, 84% of BWS customers are within the 25+ age group. The majority of customers to the site will not be within the age group of 18 to 24 years and therefore are not within the higher at risk age for alcohol related incidences.

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

The neighbourhood shop location is conducive to the proposed localised liquor store. The issues raised previously by the Police are valid and have been addressed through additional information. The applicant has provided evidence of the proposed operations which will mitigate the potential for anti-social behaviour to occur.  The proposed modifications would not diminish the suitability of the site for the development.

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

Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

Referral

Comments

Community and Safety

No objection to the removal of Condition No.2. The submitted Security Management Plan is satisfactory.

Council’s Community and Safety Coordinator advised St Marys Police LAC of the proposed modification and provided a date to which comments are to be received should the Police have any issues. Comments were not received and therefore it is taken that no issues were raised by St Marys Police LAC.

Community Consultation

In accordance with Clause 96(1A)(c) and the provisions of section 2.7 of Penrith Development Control Plan 2006, the application was re-notified to nearby and adjoining neighbours.

One (1) written submission was received objecting to the proposal during the assessment of the original application. A number of phone calls were also received, however most concerns raised verbally were mitigated by the imposition of the time limited condition.

The application to remove the time limited condition was notified between 13 September 2011 and 27 September 2011 to seventy two (72) residences in the area. This notification was double that of the original application to capture those who previously raised issues verbally.

As part of that notification, a further written submission was received from the resident who objected originally. This was the only submission received and raised objections to the proposed modification relating to alcohol consumption on and near the site, increased rates of anti-social behaviour after hours, waste management and risk to the surrounding neighbourhood.

These matters have been addressed in the Planning Assessment section of this report. The Security Management Plan has also now been provided which further addresses the issues raised in the submission.

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

The proposal remains consistent with the zoning under Penrith Interim Development Order No. 28 and the provisions of Penrith Development Control Plan 2006. The applicant has provided additional detail regarding the safety and security operations of the shop. The intention of Condition No. 2 has been satisfied by this additional information and the development is in the public interest.

Conclusion

The proposal has been assessed having regard to the provisions of Penrith Interim Development Order No. 28 and Penrith Development Control Plan 2006 and is satisfactory. The proposed development as modified remains substantially the same development as originally approved and would have an unlikely adverse impact upon surrounding development in the vicinity of the subject site. BWS is a large franchise run by Woolworths, and has indicated it will endeavour to provide the best possible security management practices on site. The concerns originally expressed by St Marys LAC have been addressed in the information provided as part of this modification and found to be satisfactory.

 

It is unlikely the proposed modifications would have a negative impact on the surrounding environment and it is in the interest of the public and is thus worthy of support.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair be received.

2.     The Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 be approved by deleting the following conditions:

·    Condition No.2. - This consent is limited to a period of 24 months from the date of this consent. Prior to the expiry date of this consent, the applicant will be required to submit an application for any continuance of the use.

 

·     Condition No.8. - Prior to the issue of Occupation Certificate, a detailed Security Management Plan is to be provided for Council’s consideration.

The Security Management Plan is to contain the following information:

 

·        The use of CCTV systems. CCTV cameras must be provided covering the entry/exit points and the internal and external layout of the outlet. Cameras should be of a high quality to enable facial recognition) in the event that footage is required for police/investigative purposes. Policies are to be in place in relation to the operation and maintenance of the cameras, retaining of footage/images captured, and response to police requests for footage. 

 

·        A back-to-base intruder alarm system must be installed in the premises.

 

·        Procedures to prevent alcohol-related antisocial behaviour and loitering around the outlet and adjacent car park and bus stop area.

 

·        Cash Handling procedures

 

·        Staff procedures to respond to an armed hold-up/robbery.

 

·        Incident reporting procedures to document any occurrences of anti-social behaviour, to ensure that the relevant authority is informed and to record what action was taken to prevent the incidents reoccurrence.

 

·        All incidents of crime and anti-social behaviour and/or suspicious behaviour are to be reported to the Police.

 

3.     Those who made submissions be notified of the determination.

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

Floor Plan & Elevations

1 Page

Appendix

3.  

Security Management Plan

6 Pages

Appendix

  


Ordinary Meeting                                                                                            7 November 2011

Appendix 1 - Locality Plan

 

 

 

 

 

 

 

Locality Plan

Section 96(1a) Modification to Development Consent 11/0235 to remove Condition No. 2


Ordinary Meeting                                                                                                            7 November 2011

Appendix 2 - Floor Plan & Elevations

 

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Ordinary Meeting                                                                                                            7 November 2011

Appendix 3 - Security Management Plan

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

A Green City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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A Liveable City

 

Item                                                                                                                                                Page

 

7        Sports Donations and Travel Assistance

 

8        Assessment for the proposed closure of Maurice Lane, St Clair

 

9        Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys

 

 



Ordinary Meeting                                                                                             7 November 2011

A Liveable City

 

 

7

Sports Donations and Travel Assistance    

 

Compiled by:               Megan Williams, Recreation Trainee

Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with active and healthy communities (19)

Strategic Response

Provide community facilities, and recreation and leisure programs, that encourage healthy activity (19.1)

        

 

Executive Summary

This report provides information to Council about donations made to ‘amateur sportspersons and/or representatives in the fields of art, music and culture for overseas and interstate travel’ for the period July 2011 – September 2011. In addition, this report includes results achieved by recipients of the travel assistance. The report recommends that the information in the report be received.

Background

Penrith City Council’s donation policy 2.2.10 states that contributions will be made:

“To assist amateur sportspersons and representatives in the fields of Art, Music, Culture for the purpose of encouraging participation in international or interstate events by residents of the Penrith LGA, members of clubs based in the Penrith LGA, and students of schools and educational establishments within the Penrith LGA who are representing the country of Australia or the state of New South Wales.”

The requests that Council has received and processed, in accordance with the Policy, for the period July 2011 – September 2011, are listed below. 

 

1) OVERSEAS DESTINATIONS ($200 NZ OR $300 overseas)

Donation $

 Recipient/Suburb

Event

Destination

Event Date

Sporting Organisation

$300

Michael Thomas - Erskine Park

World Championships for Beach Ultimate 2011

Italy

Aug-11

Australian Flying Disc Association Inc.

$300

Michael Jeffrey - Glenmore Park

2011 Donosti Cup

Spain/France

Jul-11

Football NSW

$300

Sergio Pinero - St Clair

2011 World Dragon Boat Championships

USA

Aug-11

Australian Dragon Boat Federation

$300

George Dimech - St Marys

2011 World Dragon Boat Championships

USA

Aug-11

Australian Dragon Boat Federation

$300

Rachel Mosen - St Clair

2011 World Dragon Boat Championships

USA

Aug-11

Australian Dragon Boat Federation

$300

Fiona Grey - Erskine Park

2011 World Dragon Boat Championships

USA

Aug-11

Australian Dragon Boat Federation

$300

Taylah Stevens - St Clair

2011 World Karate Championships

England

Jul-11

NSW Karate

$300

Kodie Amos - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Caitlin Burgress - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Zoe Carroll - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

George Clark - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Tim Drummond - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Celina Farrugia - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Kathryn Henderson - (student at Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China

Sep-11

Western Sydney Region

$300

Kim Redent - (student Nepean High School)

Invited to China to perform in Ningbo and Huangpu

China+

Sep-11

Western Sydney Region

$300

Angela Sciacchitono - Glenmore Park

2011 World Hip Hop Championships

USA

Jul-11

Australian Hip Hop

$300

Blake Fitzpatrick - Cranebrook

2011 World Hip Hop Championships

USA

Jul-11

Australian Hip Hop

$300

Shanai Alison - Glenmore Park

2011 World Hip Hop Championships

USA

Jul-11

Australian Hip Hop

$300

Yasmin Egan - Glenmore Park

2011 World Hip Hop Championships

USA

Jul-11

Australian Hip Hop

$300

Brandon Folsom - Glenmore Park

2011 World Hip Hop Championships

USA

Jul-11

Australian Hip Hop

 

2) INTERSTATE DESTINATIONS ($100 - QLD, VIC; $150 - SA, TAS; $200 - WA, NT)

Donation $

 Recipient/Suburb

Event

Destination

Event Date

Sporting Organisation

$150

Breanna Sampson - Claremont Meadows

School Sport Australia National Championships

Adelaide

Aug-11

NSW Combined High School Sports Association

$200

Austin Quast - Erskine Park

2011 School Sport Australia Championships

Darwin

Sep-11

NSW P.S.S.A

$100

Lou Shallis - St Marys

East Coast Challenge Cup

Queensland

Sep-11

The Greater Sydney Tenpin Bowling Association

$200 ($100 each)

Carol and David Stenstra - South Penrith

East Coast Challenge Cup

Queensland

Sep-11

The Greater Sydney Tenpin Bowling Association

$100

Emma Brown - Colyton

2011 National Youth Girls Championships

Queensland

Sep-11

AFL NSW/ACT

$200 ($100 each)

Alan and Leigh Shepard - St Marys

East Coast Challenge Cup

Queensland

Sep-11

The Greater Sydney Tenpin Bowling Association

$200

Janelle Gordon - Emu Plains

Women’s Australian Volleyball League Final Series

WA

Aug-11

Sydney Uni Volleyball Club

$100

Damien Busst - Penrith

East Coast Challenge Cup

Queensland

Sep-11

The Greater Sydney Tenpin Bowling Association

$100

Chole Cavanagh - Glenbrook

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$100

Ebene Montgomery - Emu Heights

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$100

Alicia and Jessalyn Brown - Glenmore Park

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$100

Andrew Simms - St Clair

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$100

Charli Goldman - Emu Heights

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$200 (100 each)

Jake and Laura Beatty - Blaxland (member of a LGA sport group)

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

$100

Taylah Heaney - Winmalee (member of a LGA sport group)

2011 Australian National Artistic Skating Championships

Victoria

Sep-11

Skate NSW

 

Highlights of Results/Outcomes Achieved by Recipients

Based on the current information, which has been provided by the recipients of grants for the period July 2011 – September 2011, the following is a summary of results achieved:

 

·    Charli Goldman – Placed 5th in primary girls’ figures, 6th in primary solo dance and 9th in primary girls’ free-skating at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Alicia Brown – Placed 15th in preliminary solo dance at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Jessalyn Brown – Placed 7th primary girls’ figures, 5th in primary girls’ free-skating and 5th in primary solo dance at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Andrew Simms – Placed 2nd in advanced solo dance at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Ebene Montgomery – Placed 6th in primary girls’ free-skating and 7th in primary girls’ solo dance at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Jake Beatty – Placed 3rd in cadet men’s free skating at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Laura Beatty – Placed 8th in juvenile girls’ figures, 9th juvenile girls’ free skating and 12th in juvenile solo dance at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Tanya Heaney – Placed 2nd in masters’ ladies free-skating at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Chole Cavanagh – Placed 12th in juvenile girls’ free skating at the 2011 Australian National Artistic Skating Championships which were held in Victoria during September 2011.

·    Breanna Sampson – NSW placed first at the School Sport Australia National Championships. Breanna has been selected as a reserve for the Australian School Girls’ Team that is travelling to the UK in January 2012.

·    Michael Thomas – Australia received the bronze medal at the World Championships for Beach Ultimate 2011 which were held Italy during August 2011.

 

 

RECOMMENDATION

That the information contained in the report on Sports Donations and Travel Assistance be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             7 November 2011

A Liveable City

 

 

8

Assessment for the proposed closure of Maurice Lane, St Clair    

 

Compiled by:               Allison Kyriakakis, Community Safety Co-ordinator

Authorised by:            Yvonne Perkins, Public Domain Amenity and Safety Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

        

 

Executive Summary

As a community safety initiative, pedestrian laneways across the Local Government Area are often monitored to address issues of concern raised by residents in local neighbourhoods. 

 

Maurice Lane, St Clair, has been the subject of a six (6) month monitoring period following representations to Council’s Community Safety staff requesting closure of the laneway due to ongoing incidents of malicious damage and antisocial behaviour.

 

This report will outline the results of the investigations undertaken for Maurice Lane in accordance with Council’s adopted Assessment Procedures for Requests for Closure of Pedestrian Laneways.

 

The report recommends that the information contained in the report on Pedestrian Laneways be received and that Maurice Lane, St Clair, be physically closed through the installation of suitable fencing and gates. Whilst there has been no initial interest shown from adjoining property owners for the purchase of this laneway, the option of sale to adjoining property owners will continue to be made available should interest be shown in the future.

Background

The Penrith Local Government Area has 327 pedestrian laneways, the majority of which provide safe and convenient access for local communities. In some laneways however, requests are received for closure, predominantly from adjacent property owners, as a result of ongoing incidents of antisocial behaviour, malicious damage and other issues impacting negatively on their property.

 

Before a laneway is considered for physical closure, residents are advised that a monitoring period of six (6) months is required. Residents are advised to report all incidents to local Police, including malicious damage and antisocial behaviour, so that accurate data can be gathered on the nature and frequency of incidents occurring in the laneway.  Council’s ‘Report It, Don’t Ignore It’ kits are distributed to local residents to assist with this process.

 

A monitoring period of six (6) months has been introduced to establish whether there is a continuing antisocial behaviour/crime trend or a “one off” event.  The information gathered over this six (6) month period assists in substantiating a recommendation for the physical closure of a laneway, particularly where incidents have been substantiated by Police. 

 

However, intermittent events and perceived concerns for safety by residents who live directly next door to laneways can have a negative social impact on the wellbeing of families. This impact is not able to be clearly demonstrated or measured like the other assessment criteria, (e.g. pedestrian counts, distance to an alternative pedestrian route or reports to Police). Social impacts identified in feedback from residents requesting closure are considered in the overall assessment process.

 

In some cases, where the issues relate more to noise complaints (e.g. trail bikes), investigations are conducted regarding suitability of community safety and Crime Prevention through Environmental Design (CPTED) treatments to deter illegitimate activity from occurring in the laneway. This may include the placement of contemporary bollard systems to deter motorbike and trail bike access to a laneway. The new style bollards also include signage to indicate the name of the laneway and provide emergency contact details to assist residents and pedestrians to report incidents in the laneway to local Police. The new-style bollards, designed to accommodate motorised wheelchairs and prams, have now been installed in a number of pedestrian laneways, with priority given to laneways with identified issues. Consultation with neighbouring residents has indicated that bollards have been effective in enhancing pedestrian safety and reducing noise in local neighbourhoods.

 

Other CPTED treatments to laneways remaining open include the installation of lighting which may improve visibility for pedestrians and deter illegitimate activity such as malicious damage, antisocial behaviour and drug use by enhancing passive surveillance. 

 

Solar lighting trials utilising LED solar lighting commenced at two (2) pedestrian laneways in August 2011. This type of lighting has been selected as a sustainable alternative to existing methods of lighting and has minimal light spillage to minimise glare to adjoining properties. It is anticipated that improvements to solar lighting technology will effectively provide the lighting levels required to enhance personal safety for users of these spaces at night time. Pending the effectiveness of solar lighting at these locations, solar lighting may be used as an energy-efficient form of lighting in other laneways in the future.

 

Whilst measures such as bollards and lighting can be effective in minimising issues at some pedestrian laneways, other laneways continue to be the subject of ongoing representations. For these laneways, further investigations are required regarding the suitability of the laneway for potential physical closure, in accordance with Council’s adopted procedures.

 

Assessment Procedures for request for closure of Pedestrian Laneways

The adopted procedure for assessing pedestrian laneways for physical closure involves the gathering of a significant amount of data including:

 

-     Total daytime pedestrian usage;

-     Age range of users including school age children;

-     Determination of peak usage times of the laneway;

-     Measurement of the length of detour if the laneway was to be closed;

-     Determination of the presence of an overland drainage flow path;

-     Presence of utility services, including lighting;

-     Direct consultation with adjoining property owners, including request to report all negative events to the local police;

-     Consultation with neighbourhood stakeholders including a letter to residents, to measure the level of support or otherwise for the closure of the laneway;

-     Consultation with the police to retrieve any relevant statistics concerning events associated with the laneways. 

 

Based on the results of the above assessment, the laneway can:

 

-     Be physically closed through the installation of appropriate security gates and fencing;

-     Remain open and continue to be treated with the appropriate CPTED initiatives via consultation with adjoining owners, including the option of constructing low level side fences along the laneway boundary between the building frontage and property boundary;

-     Following physical closure, the option of legal closure and sale be left open and subject to initiation by adjoining property owners.

 

Laneway currently under review

Maurice Lane, St Clair (linking Maurice Street with Francis Greenway Avenue), is the subject of investigations outlined in this report.

 

A map showing the location of the laneway is attached. Colour copies of the map have been issued to Councillors under separate cover.

 

Investigations have been in progress for Maurice Lane since February 2011. This includes a six (6) month monitoring period from March-April 2011 to September 2011. This has required the gathering of a significant amount of data, including pedestrian counts and surveys conducted at the identified laneway over two (2) weekdays and one (1) Saturday; distribution of letters to local residents to determine their support or otherwise for the proposed closure of the laneway and; a request to local Police for data to ascertain the nature and frequency of incidents reported in the laneway. 

 

Investigations for Maurice Lane have now been completed and findings are outlined below.

 

Summary of Assessment Findings

Laneway location and determination of alternative routes

Maurice Lane (refer to map of Maurice Lane, St Clair, in Attachment 1) provides pedestrian access from Maurice Street to Francis Greenway Avenue which links Chateau Crescent, St Clair.  The laneway is approximately 44 metres in length and four (4) metres in width and is located in a residential area between two properties. The laneway has a footpath and new style bollards with signage at either end to clearly identify the laneway and deter access for motor/trial bikes. One (1) streetlight is present at the Francis Greenway entry to the laneway.

 

Maurice Lane is included in the Public Domain Maintenance Service laneways maintenance program, and maintenance is conducted in the laneway on a six (6) weekly cycle. This includes mowing, litter removal and minor tree trimming. Requests for additional maintenance such as litter and graffiti removal are made by local residents if required.

Maurice Lane is not directly linked to other pedestrian laneways or transport networks and does not provide direct access to bus stops, key services, schools or community facilities. Community consultation does however indicate that the laneway is used by residents from adjoining streets, notably Denzil Avenue, as a convenient thoroughfare to Chateau Crescent and adjoining reserve which leads to Endeavour Avenue, St Clair High School, St Clair Shopping Centre, St Clair Public School and St Clair Recreation Centre.

 

The closest shopping centre to Maurice Lane is Melville Road Shopping Centre, which is an approximate walking distance of 695 metres from the laneway. The laneway does not provide a direct route for people walking to this shopping centre, although representations received from local residents indicate the laneway is used as access to these shops. 

 

If the laneway was to be closed, other alternative routes would be available to access local schools, shopping centres, bus services and community facilities. The distance of the detour from the end of the laneway starting at Maurice Street to the end of the laneway at Francis Greenway Drive is approximately 410 metres. This route would be via Denzil Avenue, St Clair Avenue and Francis Greenway Avenue. On average, this would add a maximum of approximately five (5) minutes to a pedestrian’s travel time.

 

Summary of Police Data and Community Reporting

A request to close this laneway was prompted by numerous representations to Council from neighbouring property owners regarding ongoing incidents and community safety concerns in the laneway and the impact of this on adjoining properties. This includes reports of damage to fences, graffiti to private property and vehicles, egg and rock throwing, discarded drug paraphernalia (including syringes) and other forms of vandalism. 

 

A request was made to St Marys Local Area Command of NSW Police for data relating to Maurice Lane and linking streets. Data has been provided over a two (2) year period from June 2009 to June 2011. An analysis of this data indicates that a number of reports have been made to Police in relation to Maurice Lane and surrounding streets (including Chateau Crescent, Denzil Avenue, Francis Greenway Avenue, Macarthur Drive, Maurice Street) particularly in relation to malicious damage. The data that has been provided to Council by St Marys Police for this period is summarised as follows:

 

Location

Number & Description of Incidents Reported to Police

Maurice Lane and Maurice Street

8 incidents (includes break and enter, malicious damage, person search, stealing, offence against the person).

 

Chateau Crescent

9 incidents (includes assaults, malicious damage, break and enter, stolen vehicle, domestic violence).

Denzil Avenue

13 incidents (includes malicious damage, assault, stealing, vehicle search, traffic offence, drug detection).

Francis Greenway Avenue

12 incidents (includes malicious damage, stealing, noise abatement)

Macarthur Drive 

7 incidents (includes break and enter, malicious damage, stealing)

 

Whilst not all of these offences are linked to Maurice Lane (notably traffic offences and domestic violence offences), anecdotal advice from St Marys Local Area Command  indicates that the laneway provides a concealment opportunity for offenders and has been used by offenders as a short cut and escape route for a spate of break and enter offences in the area.

 

As part of Council’s assessment procedures, Council also encouraged local residents to notify Council and the Police of all incidents occurring in the laneway. Below is a summary of incidents reported to Council for the six (6) month monitoring period.

 

Date Incident Reported

Incident Description

7 March 2011

Discarded syringes, graffiti and other forms of malicious damage to fences, empty alcohol bottles, litter and late-night gathering and antisocial behaviour

14 March 2011

Malicious damage to fences in the laneway

29 March 2011

Egging of vehicle parked outside the laneway

11 April 2011

Egging of vehicle parked outside the laneway

16 May 2011

Malicious damage to fence and vehicle

11 July 2011

Discarded syringe and empty alcohol bottles

18 July 2011

Malicious damage to fence and illegal motor bike activity

1 August 2011

Discarded household items thrown over laneway fence into neighbouring property

15 August 2011

 

Trespassing onto neighbouring property and climbing onto roof of neighbouring carport.

 

A number of additional reports were also made to Council after the conclusion of the six (6) month monitoring period and these are outlined in the table below:

 

Date Incident Reported

Incident Description

5 October 2011

Discarded syringes, discarded condoms, dumped shopping trolleys

20 October 2011

Illegal motor bikes in the laneway

24 October 2011

Vandalism to private vehicle parked adjacent to laneway

 

Photographs were also provided to Council on a number of occasions to substantiate the abovementioned reports.

 

Council is also able to monitor levels of graffiti in public spaces within the Penrith LGA (including pedestrian laneways) by assessing levels of community reporting to Council’s free-call Graffiti Hotline and the number of graffiti removal jobs that were completed as a result. Since the establishment of Council’s Graffiti Hotline in 2007, a total of 26 graffiti removal jobs totalling 156.5 square metres has been recorded for Maurice Lane. This is significantly higher than other pedestrian laneways within the vicinity of Maurice Lane, including Denzil Lane, Kemerton Lane, and Alexandra Lane, which recorded an average of six (6) graffiti removal jobs for the same period.

 

Community Consultation

At the commencement of the six (6) month monitoring period in March 2011, letters were sent to approximately 125 properties within the vicinity of the laneway inviting representations for their support or opposition for the laneway to be physically closed. A second letter was sent to the same properties at the conclusion of the assessment period in September 2011 to again invite comments regarding the proposal to close the laneway. This resulted in one (1) additional representation against closure which is included in following summary.

Responses were received from three (3) households in support of closure. These include neighbouring properties on either side of the laneway and a household on Maurice Street. A petition supporting laneway closure was also received by Council containing signatures from 22 residents of St Clair, with at least nine (9) of these residents indicating they reside within the vicinity of the laneway. Reasons given by residents in support of the proposed closure through correspondence and the petition are summarised as follows:

 

-     Ongoing incidents of malicious damage to property (including graffiti) such as fences

-     Incidents of discarded syringes found in the laneway and concerns for the health and safety of people using the laneway

-     Concerns that the laneway enables a concealment opportunity and quick escape route for offenders, and contributes to incidents of theft and stolen property

-     Incidents of antisocial behaviour and gathering in the laneway at night, including alcohol consumption, littering and ‘egging’ of nearby properties and vehicles

-     Impact of the laneway on the wellbeing and quality of life for neighbouring residents.

 

Responses were received from four (4) households in opposition to the closure. The residents opposed to the closure were from households in St Clair Avenue, Maurice Street and Olliver Crescent. A petition was also received with 14 signatures from local residents within the vicinity of the laneway (predominantly Denzil Avenue) who oppose the proposed closure. Reasons given by residents opposing the proposed closure are summarised as follows:

 

-     The laneway provides a short cut for residents walking to St Clair Shopping Centre, Public School and High School

-     The laneway provides a safer pedestrian route for school students and their parents, rather than using other busier roads

-     The laneway is used as a short cut for some residents walking to Melville Road Shopping Centre.

 

Pedestrian Counts and Surveys

To assist with accurately determining levels of pedestrian usage, peak usage times and age-range of users, Council engaged the services of a consultant to conduct a Pedestrian Traffic Study of the laneway proposed for closure.

 

The research objectives of this study were to:

-     Determine the peak times of main usage of the laneway;

-     Determine the gender and age range of users (i.e. children, teenagers and adults);

-     Determine the origin and destination as well as frequency of those using the laneway;

-     To assess the likely impact of and views of those using the laneway regarding the proposed closure.

 

Methodology

Fieldwork was conducted on the following dates:

-     Thursday 22 September 2011 between the hours of 7.00am and 6.00pm

-     Saturday 15 October 2011 between the hours of 9.00am and 3.00pm

-     Tuesday 18 October 2011 between the hours of 7.00am and 6.00pm.

 

There were two (2) key elements of the research:

-     A tally of all persons who walked through the laneway in half hour intervals, including an estimate of age;

-     An interview with willing participants to obtain more detailed information regarding their origin/destination, demographics, main use of the laneway, and personal views on the proposed closure.

 

Counts were conducted outside of school holiday periods and during fine weather conditions. The results of the pedestrian counts are summarised below.

 

Age Range of User/s

Tally for Day 1

Thursday 22.09.11

Tally for Day 2

Saturday 15.10.11

Tally for Day 3

Tuesday 18.10.11

TOTAL

For 3 Days

Male Adult

13

19

10

42

Female Adult

21

4

15

40

Male Child

8

5

13

26

Female Child

12

5

15

32

TOTAL

54

33

53

140

 

Of the 140 people counted walking through Maurice Lane over the three (3) days on which the surveys were conducted, a total of 60 people were interviewed.

Pedestrian Usage Patterns

Of those interviewed, forty-one (68%) of the respondents indicated that they use the laneway once a day or more, twelve (20%) of the respondents indicated that they use the laneway once a week, three (5%) of the respondents indicated that they use the laneway once a month, and a small number of respondents indicated that they were using the laneway for the first time on the day of the surveys.

With regard to times of the day that the laneway is used, the majority (60%) of the respondents indicated they used the laneway most often in the late morning/early afternoon between the hours of 10.00am and 1.00pm. The next most common time of the day indicated for laneway use was between the hours of 7.00am and 10.00am, with 38% of respondents indicating they most often used the laneway between these hours. This was followed by 1.00pm to 4.00pm (36%); 4.00pm to 7.00pm (18%); before 7.00am (8%) and after 7.00pm (5%). (Please note that some respondents indicated more than one time of the day they most often used the laneway, as reflected in the percentages).

Origin/Destination

Of those interviewed, twenty (33%) of the respondents indicated that they were walking to or from local shops (Melville Road Shops and St Clair Shopping Centre). Sixteen (27%) of respondents indicated they were walking to or from friends’ houses or enjoying a casual walk. Fifteen (25%) of respondents indicated that they were travelling to or from nearby schools (primarily St Clair High School and St Clair Public School). Five (8%) of respondents were travelling to or from work. Two (3%) of respondents were walking to or from local bus stops, and the remainder did not indicate their origin/destination.

 

 

Support/opposition for the proposed laneway closure

The majority (55%) of the 60 people interviewed walking through the laneway indicated that they would oppose the closure. The main reasons given for opposition to closure was inconvenience, and the laneway being used as a shortcut to local shopping centres, schools and bus stops. Whilst the closure would be likely to cause an inconvenience to those residents using the route on a regular basis, alternative routes are available to use. The distance of the detour from the end of the laneway starting at Maurice Street to the end of the laneway at Francis Greenway Drive is approximately 410 metres. This route would be via Denzil Avenue, St Clair Avenue and Francis Greenway Avenue. On average, this would add approximately five (5) minutes to a pedestrian’s journey.

Twenty-four (40%) of people interviewed were in support of the closure, with the remaining 5% indicating they were not concerned either way. The main reasons given for support for the proposed closure were concerns with levels of graffiti and vandalism in the laneway, noise complaints, and concerns for safety and fear of crime associated with the laneway providing an unsafe environment for people to gather (particularly at nights).

Conclusion

The data collected for Maurice Lane, St Clair, indicates that the laneway is used as a regular thoroughfare for a number of local residents who are accustomed to using the laneway on their daily travels to school, work, and shopping centres and as part of their daily leisure activities. However, whilst the laneway provides a short cut for residents, the laneway does not provide direct access to key services or facilities. If the laneway was to be closed, there are alternative routes available of a short distance, adding an average maximum of approximately five (5) minutes to a pedestrian’s travel time.

 

Consideration must therefore be given to the ongoing incidents of antisocial behaviour and malicious damage in and around the laneway that continue to be reported by neighbouring property owners and supported by data and anecdotal advice from St Marys Police. Since the   adoption of the procedures for the assessment of requests for the closure of laneways, Maurice Lane has the highest number of incidents of antisocial behaviour and malicious damage reported to NSW Police and Council than any other laneway previously assessed. 

 

The St Marys Police data for Maurice Lane over a two (2) year period has also indicated a higher number of incidents than any other laneway data provided over a similar period. Ongoing events of this nature and perceived concerns for safety by residents who live directly next door to the laneway can have a negative social impact on the wellbeing of families.

 

It is therefore recommended that Maurice Lane, St Clair, be physically closed through the use of appropriate security gates and fencing. The installation of gates and fencing will be carried out with direct consultation with adjoining property owners to minimise any adverse effects of the fencing to properties and to the visual aesthetic of the area.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Assessment for the proposed closure of Maurice Lane, St Clair be received.

2.     Maurice Lane be physically closed through the installation of suitable fencing and gates.

3.     The option of sale to adjoining property owners be made available should interest be shown in the future.

 

ATTACHMENTS/APPENDICES

1.  

Maurice Lane, St Clair

1 Page

Appendix

  


Ordinary Meeting                                                                                                            7 November 2011

Appendix 1 - Maurice Lane, St Clair

 

                                                                RGB-HORI

 

Map

Maurice Lane

 
4661539

 

Map Scale: 1:1,359

 

About this Document

Disclaimer

This map has been created for the purpose of showing basic locality information over Penrith City Council. Property boundary line network data is maintained by Council. Any errors should be reported to the GIS Section, Penrith City Council.

This map is a representation of the information currently held by Penrith City Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Any feedback on omissions or errors would be appreciated.

 


Ordinary Meeting                                                                                             7 November 2011

A Liveable City

 

 

9

Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys    

 

Compiled by:               Laura Schuil, Acting Supply Officer - Contracts

Glen Tuckwell, Project Co-ordinator

Joshua Martin-Lewis, Asset Co-ordinator

Authorised by:            Hans Meijer, City Works Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with infrastructure that responds to community needs (17)

Strategic Response

Provide well-maintained community buildings (17.1)

        

 

Executive Summary

A tender for the replacement of the mechanical ventilation and cooling system at 207209 Queen Street, St Marys to replace the existing DX cooling system with an air cooled chilled water system, was advertised on 5 August 2011 and closed on 8 September 2011.

This report advises Council of the outcome of the tender process and recommends that the tender from Haden Engineering Pty Ltd be accepted.

Background

Tenders were advertised in the Western Weekender and the e-Tendering website on 18 March 2011 and in the Sydney Morning Herald on 22 March 2011. As only one conforming tender was received, on 30 May 2011 the Council agreed with the Officer’s recommendation to invite fresh tenders. 

 

The Tender was readvertised in the Western Weekender and the e-Tendering website on 5 August 2011, and in the Sydney Morning Herald on 9 August 2011, for reliable and cost effective Mechanical Services Upgrade at 207209 Queen Street, St Marys to replace the existing DX cooling system with an air cooled chilled water system, and closed on 8 September 2011.

It was proposed in the tender documents that Council would select one approved contractor to perform the services.

 

The purpose of this request for tender was to seek a contractor with the proven ability to deliver works to Council’s specification.

 

The work involves the Upgrade of Mechanical Services at 207209 Queen Street, St Marys, which is a four level glass and concrete commercial office building constructed in the 1980s with a prominent East/West aspect.

 

The general scope of work comprises replacing existing DX cooling system with an air cooled chilled water system. All DX coils will be replaced with chilled water coils and existing evaporative condenser and compressors will be decommissioned and removed from the site. The existing air distribution system will be retained and a Variable Air Volume (VAV) system will control the supply of air to the floors. The existing motor control and pneumatic panels will be decommissioned and replaced. A new motor control centre (MCC) will be installed and rewiring will be required to provide power supply to the new chiller and all associated equipment and also existing equipment that will be retained.

 

The system has been designed by EnFact Pty Limited (mechanical consultants) to include new technologies and energy and water saving features that will provide improved comfort levels and reduced operational costs.

 

Supplementary air conditioning systems will be provided to the Local Radio facility and server room on level 1 which will reduce the building’s operational costs even further.

Tenderers were required to complete a price schedule setting out the unit rates.

 

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Glen Tuckwell (Building Projects and Maintenance Coordinator), Joshua Martin (Asset Co-ordinator) and Laura Schuil (Acting Supply Officer).

 

Tender Evaluation Criteria

The selection criteria advertised and used in assessing the tenders were:

Evaluation Criteria-Tenderer’s Capability

 

Company Information (not scored)

·    Tenderer profile

·    Company contact details

 

Commercial Requirements

·    Critical Assumptions

·    Conforming requirements

·    Conflict of Interest declaration

·    Insurances

·    Instrument of Agreement

·    Required Declarations

·    Compliance statement

·    Business References

 

Scope of requirements

·    Demonstrated Ability

·    Compliance to Specified Requirements

 

Cost / Price Category

·    Unit Rates

·    Financial viability

 

Management and Administration

·    Resources and Personnel

·    Employment Policies (Apprenticeships)

·    Environmental Management Systems

·    Industrial relations

·    Occupational Health & Safety

 

Summary of Tenders Received

Seven (7) responses were received by the closing time to the advertised tender for the lump sum price ex GST from AG Coombs (NSW) Pty Ltd for $680,149, Allstaff Air Conditioning $553,600, Arctic Air Conditioning $399,800, Crest Air Conditioning $683,422, Haden Engineering Pty Limited $523,465, Hirotec Maintenance Pty Ltd $648,000 and Maincom Pty Ltd $822,280.

 

Tenders received from Arctic Air Conditioning, Crest Air Conditioning and Hirotec Maintenance Pty Ltd were non conforming and were unable to be evaluated. The tenders submitted by these companies failed to address the mandatory requirements of the Request for Tender including, Tenderers Capability, Management Capability and Management and Administration criteria and therefore were unable to be assessed further.

 

Evaluation of the tender received from Haden Engineering Pty Limited showed that it met the requirements of Mechanical Specifications for the scope of works as designed. Haden Engineering Pty Limited is a long standing company in the air conditioning industry who have completed works of a similar nature and has also successfully completed similar projects in the past for Council including the replacement of the Air Conditioning at Penrith Senior Citizens Centre and the St Marys Senior Citizens and Community Centre and has been compliant with Council’s needs and requirements.

 

The tender received from Allstaff Air Conditioning offered a complying tender and an alternative option which was to provide an alternative chiller. The design consultants advised that the alternative proposal did not meet the specification and would not be as energy efficient as the specified chiller and would result in increased operational costs and the alternative option was not considered. The complying tender was assessed and as this was not as competitive as that submitted by Haden Engineering Pty Limited there was no advantage to Council in further considering this higher priced tender.

 

The tenders submitted by AG Coombs (NSW) Pty Ltd, and Maincom Pty Ltd demonstrated their ability to perform the works, however there was no advantage to Council in further considering these higher priced tenders.

 

Price Evaluation

Based on the prices submitted, Haden Engineering Pty Limited submitted a competitive lump sum price in comparison to the remaining conforming tenders. This price is within the estimated costing from EnFact, the Mechanical Design firm which designed the system.

 

Conclusion

This report advises Council of the outcome of the tender process and recommends that the tender from Haden Engineering Pty Ltd be accepted.

Tender Assessment Group (TAG)

 

The Tender Assessment Group (TAG) comprising the Legal and Group Manager, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the report for the replacement of the mechanical ventilation and cooling system at 207209 Queen Street, St Marys.

 

Based on the information contained within the report, the TAG agrees with the methodologies used by the Tender Evaluation Committee and supports the recommended tender submitted by Haden Engineering Pty Ltd.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys be received and noted.

2.     A contract be entered into with Haden Engineering Pty Ltd for the tendered lump sum price of $523,465 (ex GST) for the upgrade of Mechanical Services at 207209 Queen Street, St Marys.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Vibrant City

 

Item                                                                                                                                                Page

 

URGENT

 

10      Transportation of restricted solid waste to SITA landfill facility

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Urgent Reports

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                                Page

 

10      Transportation of restricted solid waste to SITA landfill facility

 

 



Ordinary Meeting - Urgent Report                                                                  7 November 2011

A Vibrant City

 

 

10

Transportation of restricted solid waste to SITA landfill facility    

 

Compiled by:               Graham Liehr, Environmental Health Manager

Authorised by:            Roger Nethercote, Group Manager - People and Places   

 

Objective

We build on our strengths, value our heritage, celebrate our cultural diversity, and foster creativity

Community Outcome

A City that promotes health and wellbeing (21)

Strategic Response

Encourage the wellbeing of our communities (21.1)

        

 

Executive Summary

Council considered a report at its Policy Review Committee Meeting of 31 October 2011 concerning the remediation of contaminated land at 7 and 9 Nelson Road, Hunters Hill and the transfer of contaminated material from this site to the SITA landfill facility in Kemps Creek.  The SITA site is the only site in NSW licensed by the Office of Environment and Heritage (OEH) to accept the waste that has been classified as “Restricted Solid Waste.”

 

It was resolved that a further urgent report be presented to Council detailing the State Government’s new proposal for transporting waste from Hunters Hill and how the waste will be processed at the SITA site at Kemps Creek.

 

This report provides further information on the waste classification process, the status of the development consents related to the SITA facility at Kemps Creek, and our understanding of the proposal for the transfer of waste from the Hunters Hill site recently outlined by the Minister for Finance and Services.

 

The report recommends that the information be received.

Background

The property at 7-9 Nelson Parade, Hunters Hill was the site of a commercial processing plant owned by the Radium Hill Company and used to extract radium from uranium ore between 1911 and 1916, when the company went bankrupt and vacated the site.

 

The radium was extracted for commercial purposes including medical applications and the manufacture of luminous watch dials. The uranium ore that was stockpiled on site occurs naturally, and was mined in South Australia.

 

The NSW Government acquired 9 Nelson Parade, Hunters Hill in 1978 and 7 Nelson Parade in 1983 in the interests of public health following the discovery of radioactive contamination. Since the Government’s acquisition of 7 and 9 Nelson Parade, there have been no buildings or human occupation on the site. 11 Nelson Parade Hunters Hill was acquired by the Government in 2009 and includes a large residence.

 

The site has been the subject of a number of contamination assessment studies, which have identified the presence of contaminants (both chemical and radiological) at concentrations that would preclude the site’s redevelopment for residential purposes in its current state. The residual radioactive material remains on the site from remnants of the stockpile of ore, and discarded tailings after the radium was extracted. Testing of neighbouring private and public property has been undertaken by the Australian Nuclear Science and Technology Organisation (ANSTO) and has identified some areas of elevated radiation levels (i.e. significantly above background levels).

 

In 2008 a Parliamentary Inquiry was held into the site investigating the radiological contamination. The Inquiry made 12 recommendations to the NSW Government in its report of September 2008 which included a proposal that the contaminated areas be remediated back to the background radiation level of the Hunters Hill area. The Government responded to the Inquiry in March 2009, largely supporting the recommendations. The Parliamentary Inquiry agreed with recommendations of DECC and NSW Health that the contaminated material should be removed from Nelson Road.

 

The NSW State Property Authority (SPA), as owner of the property, recommended to the former State Government that the site be remediated reasoning that a suitably licensed landfill site is a more appropriate place for contaminated material than for the material to remain in a residential area. The SPA reasons the property has significant potential capital value, which could be put to more effective use by the government.

 

At the briefing to Council in June 2010, Council was informed by the SPA the proposed remediation plan involved the removal of radioactive contaminated material and other chemical contaminants from the site and surrounding areas to an extent where the sites can be certified as suitable for residential use by an independent site auditor. The exact amount of material to be removed from the site will not be known until the site works are under way, but has been estimated at over 5,000 tonnes.

 

The remediation work is subject to an application made under Part 3 of the Environmental Planning and Assessment Act, 1979 by the State Property Authority which was lodged in November 2007. The Minister for Planning is the consent authority. Whilst the Director General’s requirements have been issued, an Environmental Assessment is yet to be lodged to advance consideration of the application.

 

The radioactive contaminated material on the site has been classified by an independent site auditor as “Restricted Solid Waste” and this classification was confirmed by the Department of Environment, Climate Change and Water (DECCW).  DECCW is now the Office of Environment and Heritage (OEH). The classification allows the material to be deposited in a suitably licensed landfill site. The Classification only relates to the radiological properties and the chemical contamination is subject to separate waste classification.

 

The OEH has confirmed that the SITA site in Kemps Creek is the only landfill site in NSW that is licensed by the OEH to accept the Restricted Solid Waste.

 

Following a report at Council’s Policy Review meeting 18 October 2010, letters were sent to

Premier Keneally and Mr Barry O'Farrell, Leader of the Opposition & Shadow Minister for Western Sydney. The letters registered Council’s strong opposition to the proposal and seeking the Remediation Action Plan include an alternative option for disposal of the waste.  A letter was also sent to Diane Beamer, Member for Mulgoa requesting representations supporting Council’s position. 

 

On 16 November 2010 Council received a response from Premier Keneally informing that the Premier had ruled out the use of the Kemps Creek facility to store the waste from Hunters Hill. The Premier also advised that she had instructed the NSW Land and Property Management Authority to examine alternative options for the storage of this waste, including transferring the waste interstate or overseas.

 

On 18 February 2011Council wrote to Premier Keneally seeking confirmation that the contract to dispose of the contaminated waste at Kemps Creek had been cancelled and seeking assurance that the proposal would not be reopened. A response has not been received to this request.

 

On the 13 April 2011 Council wrote to Premier O'Farrell seeking confirmation that the contract to dispose of the contaminated waste at Kemps Creek had been cancelled and seeking assurance that the proposal would not be reopened.  A letter was also sent to the Member for Mulgoa, Tanya Davies requesting representations to the Premier on Council’s behalf.  On the 20 April 2011 Council received a letter from the NSW Government Premier and Cabinet advising that Council’s letter has been forwarded to the Minister for Primary Industries, the Hon Katrina Hodgkinson.  A response to Council’s letter has not been received to date from the Minister.

 

Remediation Approval process

The Hunter’s Hill site was declared a remediation site under Division 3 of Part 3 of the Contaminated Land Management Act 1997 on 23 August 2007. The site is therefore defined as a remediation site under SEPP 55. The proposed remediation is classified as Category 1 remediation under SEPP 55, due to the site’s location in a foreshore scenic protection area under Hunters Hill Local Environmental Plan 1982.

 

Development for the purpose of remediation of land that is Category 1 remediation work pursuant to Clause 8 of State Environmental Planning Policy (State and Regional Development) 2011 is State Significant Development and the Minister (or as delegated to the Planning Assessment Commission) is the consent authority in accordance with Sections 89C and 89D of the Environmental Planning and Assessment Act, 1979.

 

Given these circumstances, a Major Project Application under Part 3A of the Environmental Assessment Act, 1979 was submitted by the SPA in November 2007. The Minister for Planning is the consent authority.

 

The Director General’s Requirements (DGR’s) were issued on 12 February 2008 however the applicant is yet to lodge an Environmental Assessment (EA) to enable the assessment process to continue. The Director General’s Requirements included that the EA must address:

 

“Details of the destination of the contaminated material, capability of the destination to accept and manage the contaminated soil, and contingency measures should alternative disposal or storage locations be required.”

 

It is our understanding that this application process would see the Environmental Assessment, once submitted, made available on public exhibition along with the relevant planning documentation. This would include the details of the proposed on-site waste processing and sorting procedures, as well as the requirements highlighted above. It is unlikely that the EA would be publicly available until February/March next year.

 

Current proposal by the Government

 

The Minister for Finance and Services, Greg Pearce, announced on 31 October 2011 that the remediation process for the Hunters Hill site would ensure no hazardous material is taken to the SITA facility at Kemps Creek. A copy of the Minister’s press release is at Appendix No. 1.

 

It is now intended that the waste will be removed from the Hunters Hill site under the supervision of the Federal Government’s Australian Nuclear Science and Technology Organisation (ANSTO). Material classified as “hazardous waste” would be identified, tested and isolated from the other material and then transported to a Government storage facility at Lidcombe. The hazardous waste would include any radioactive material with a specific activity of greater than 100 becquerels per gram of material.

 

Non-hazardous material will be sent to the SITA facility at Kemps Creek. This would include material with a lower radioactivity level and classified as “restricted solid waste”. At this stage, the other chemically contaminated material has not been classified and destination of disposal is unknown.

 

In relation to the transportation of the material to Kemps Creek, the SPA has advised:

 

“The route will be described in the Environmental Assessment, which has not yet been developed. The likely route is M2, M7 and Elizabeth Drive.

 

The material will be transported in sealed bins in line with ANSTO standards. Detail of the containers, vehicles and transportation methods will be covered in the Remediation Action Plan, which will be included in the Environmental Assessment and will be subject to public exhibition.”

 

A letter was sent on 26 October 2011 to the State Property Authority requesting confirmation of any communication of the State Property Authority relating to the remediation of 7-9 Nelson Parade, Hunters Hill with the current State Government and also of any decision.  The letter also requests in the event the proposal is to dispose of the contaminated waste to the SITA site:

 

·    Council be informed urgently as to the decision,

·    A copy of testing reports and the draft Remediation Action Plan be provided to Council,

·    Details on the approvals process, including timeframes for finalisation of the Remediation Action Plan and Environmental Assessment, when formal decisions are required to be taken including project approval and when public exhibition and consultation would be called,

·    Regular updates are provided to Council.

 

SPA has recently advised that it is in the process of finalising a response to these issues and that will be provided to Council shortly. Given the Minister’s announcement, we have written again to the SPA seeking additional clarification and further details on the current waste processing and disposal procedures announced by the Government, the current status of contractual obligations, the timing of the approval process and subsequent remediation works and the alternative options to the disposal of material at Kemps Creek. The SPA has advised that it would respond to these issues and that it is available to provide Council with a briefing on the current proposal.

 

SITA Waste Management Facility

Approval for landfill on the site was granted by Council on 18 September 1990.  The approved development involved extraction of materials for the brick and tile manufacturing industry and rehabilitation of the resultant void with non-putrescible waste. The applicant estimated that a void space of approximately 13 million cubic metres would be available for waste disposal. The conditions of consent specified that only non-putrescible solid waste, as defined by the Waste Management Authority, are to be accepted for disposal on the site.

 

The nature of the materials which can be classified as solid waste is quite broad. The current NSW Office of Environment and Heritage have issued Waste Classification Guidelines (2009) which identify six waste classifications, including general and restricted solid waste. These are summarised in Appendix No. 2.

 

In 2007 GHD Pty Ltd prepared a Preliminary EA for the Hunters Hill site which was commissioned by NSW Health.  The GHD report summarises the contamination status of the site including elevated levels of radium.  The report also indicates the site is contaminated with fill material containing polycyclic aromatic hydrocarbons (PAH) and total petroleum hydrocarbons (TPH) compounds, plus arsenic and lead, at concentrations well above the relevant (residential) land use criteria. At this stage in relation to the current proposal of separating waste material on the Hunters Hill site, it is not clear what the extent and nature of the contaminated material would be that is intended to be transported to the SITA site and whether this meets the intent of Council’s original approval for that waste management facility.

 

Council wrote to SITA on 21 October 2010 seeking clarification as to its position on accepting the contaminated waste from the Hunters Hill site. The letter also requested advice if there is an agreement that compels the transfer of waste material from the Hunters Hill site to the SITA facility for disposal. SITA has recently advised that it is in the process of responding to Council’s request.

 

We have also requested SITA’s advice in regard to what restricted solid waste has already been deposited at the facility, how the contaminated material from the Hunters Hill site would be processed and stored, and what measures would be taken to ensure there would be no cross contamination of the recycled organics supply used by Council, and the status of contractual arrangements with the State Government. SITA has indicated that it is currently responding to these issues.

Conclusion

Council has historically raised objection to inappropriate landfill proposals in the City, and has expressed concern over the perception that Penrith City should continue to receive a disproportionate share of Sydney’s waste. 

 

Council has conveyed its strong concerns over the proposal to dispose of contaminated waste from the Hunters Hill site at the SITA facility in Kemps Creek to the State Government on a number of occasions. This issue remains one of significant concern to the local community.

 

There are clearly a number of significant matters that the SPA will need to address in any Environmental Assessment and the remediation action plan for the Hunters Hill site. These include the health and environmental risks associated with the transportation, handling, landfill and ongoing security of the contaminated material after disposal, particularly radioactive waste.

 

We will provide further advice to Council once the current requests for information from both SPA and SITA are to hand.

 

 

RECOMMENDATION

That the information contained in the report on Transportation of restricted solid waste to SITA landfill facility be received.

 

ATTACHMENTS/APPENDICES

1.  

Media Release - Minister for Finance and Services

1 Page

Appendix

2.  

Summary of Waste Classification Guidelines

2 Pages

Appendix

  


Ordinary Meeting                                                                                                            7 November 2011

Appendix 1 - Media Release - Minister for Finance and Services

 

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Ordinary Meeting                                                                                                            7 November 2011

Appendix 2 - Summary of Waste Classification Guidelines

 

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