CONFIRMED MINUTES

 OF THE EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON WEDNESDAY 11 APRIL 2012 AT 7:38PM

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 Senior Governance Officer.

PRESENT

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

 

 

APOLOGIES

77  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that apologies be received from Councillors Jim Aitken OAM, Tanya Davies, Marko Malkoc and Robert Ardill.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 26 March 2012

78  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 26 March 2012 be confirmed.

 

DECLARATIONS OF INTEREST

Nil.

 

SUSPENSION OF STANDING ORDERS

79  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow a member of the public to address the meeting, the time being 7:42 pm.

 

 

 

 

Ms Suzie Wright

 

Item 1 - Jordan Springs Development Proposals DA11/0514, DA11/0515, DA11/0516 and DA11/0517 Lot 1127 DP1158660 (formerly Lot 1036 DP1149525) (No. 1070 - 1170) The Northern Road, Jordan Springs (formerly Llandilo)

 

Ms Wright, representing The Greens, spoke against the recommendation.  Ms Wright stated that the consultant’s report did not address the issues that had been raised by the Land and Environment Court.  Ms Wright also expressed the view that a qualified, independent ecological consultant should have undertaken the assessment of the development applications the subject of this report.

 

80  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that an extension of time be granted to enable the speaker to complete their address, the time being 7:49 pm.

 

Ms Wright concluded by stating that issues of public interest were not being taken into account, including the Cumberland Plain being destroyed by growth centres and that the vegetation buffer zone along creeks in the subject area was insufficient, resulting in the area not being fauna friendly.  Ms Wright requested that the development application be set aside and that an independent ecological assessment of the application be undertaken.

 

RESUMPTION OF STANDING ORDERS

81  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kath Presdee that Standing Orders be resumed, the time being 7:53 pm.

 

  

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

2        Suburban Jobs Program                                                                                                   

82  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on the Suburban Jobs Program be received.

2.     Council endorse participation in a consortium with the University of Western Sydney and the Penrith Business Alliance in making application to the Australian Government’s Suburban Jobs Program for funding to develop employment space on University land at Werrington.

3.     Council express its appreciation to the University of Western Sydney and the Penrith Business Alliance for their initiative and leadership in preparing the application to the Australian Government’s Suburban Jobs Program.

 

 

 

1        Jordan Springs Development Proposals DA11/0514, DA11/0515, DA11/0516 and DA11/0517 Lot 1127 DP1158660 (formerly Lot 1036 DP1149525) (No. 1070 - 1170) The Northern Road, Jordan Springs (formerly Llandilo) Applicant: Maryland Development Company Pty Ltd;  Owner: St Marys Land Ltd                                                            

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

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

That:

1.     The information contained in the report on Jordan Springs Development Proposals DA11/0514, DA11/0515, DA11/0516 and DA11/0517 Lot 1127 DP1158660 (formerly Lot 1036 DP1149525) (No. 1070 - 1170) The Northern Road, Jordan Springs (formerly Llandilo) be received.

2.    Development Application DA11/0514 for Subdivision of the Western Precinct, St Marys Release Area (Jordan Springs) – Lot 1127 DP1158660 (formerly Lot 1036 DP1149525), (Nos. 1070 - 1170) The Northern Road, Llandilo be approved subject to the following conditions:

 

2.1     A001        Approved plans

A005        Integrated approval authority’s consent

A042        Asset protection zones in bush fire areas

A044        Compliance with NSW Rural Fire Service GTAs

A046        Obtain Construction Certificate before commencement of works

B004        Dust

B005        Mud/soil

C003        Uncovering relics

D001        Sediment and erosion control measures

D002        Spray grass

D005        No filling without prior approval

D06A       Validation of fill material

D009        Covering of waste storage area

D010        Appropriate disposal of excavated or other waste

D013        Traffic noise and acoustic report

D014        Plant and equipment noise

G001        Installation of services and service clearances

G002        Section 73

G004        Integral Energy clearance

H01F       Stamped plans and erection of site notice

H002        Provision of site facilities prior to commencement of construction works

H012        Site classification

H041        Hours of construction work

K101        Works at no cost to Council

K201        Sediment and Erosion Control

K202        Roads Act

K205        CC for Subdivision Works

K206        Road Design Criteria Table

K207        Road Safety Audit

K213        Water Quality

K224        Inter-allotment Drainage

K225        Bus Stops

K301        Sediment & Erosion Control - Installation

K304        Matters to addressed prior to commencement of Subdivision Works

K401        Erosion and Sediment Control

K404        Services - Underground

K405        Street Lighting

K406        Drainage Connection

K407        Major Filling

K408        Soil Testing - Subdivisions

K503        Stormwater Compliance

K504        Restriction to User and Positive Covenant

K507        Line marking & Signage

K510        Street Signs

K511        Bond for Final Wearing Course

K513        Maintenance Bond

K514        Subdivision Compliance Documentation

L001        Approved landscaping plans

L002        Landscaping construction

L003        Landscaping report requirements

L005        Planting of plant material

L006        Australian Standard landscaping requirements

L007        Tree protection measures

L008        Tree Preservation Order

L009        Tree preservation order

M001       Prior to subdivision work

M007       Street lighting

M008       Linen plan

M009       88B Instrument

M011       Soil testing

M013       Street trees

M014       Surveyors Certificate

P001        Costs

P002        Fees associated with Council land

Q001        Notice of commencement and appointment of PCA

Q008        Subdivision Certificate

 

2.2     The following aspect in relation to Crime Prevention through Environmental Design (CTPED) principles should incorporated into the development:

 

Lighting

·    All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy, and in accordance with Integral Energy standards and requirements.

·    All pedestrian and cycle networks and bus stops shall be well lit in accordance with the abovementioned standards.

·    Lighting should take into account all vegetation and landscaping that may act as an entrapment spot or obscure the effectiveness of the lighting.

·    Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas.

·    Lighting should have a wide beam of illumination, which reaches the beam of the next light, or the perimeter of the site or area being traversed.

 

Landscaping

·    Street Tree planting and planting along pedestrian / cycle pathways should promote passive surveillance and clear lines of sight. Any trees should have a high canopy so as not to provide concealment opportunities. Dense shrubs and heavy undergrowth should be avoided along the pathways.

·    The pedestrian / cycle pathways will be marked and signposted to clearly delineate which portion of the pathway should be used by pedestrians, and which should be used by cyclists.

·    Trees within public reserve areas must also have a high canopy and minimal undergrowth to enable passive surveillance, promote clear lines of sight and reduce entrapment spots. Dense shrubs must be avoided.

 

Village Park

·    DA 11/0514 for the Stage 2A subdivision indicates that the layout of Village Park ensures that opposite/adjoining buildings overlook it. This is supported as this will enable increased casual surveillance of these areas.

 

2.3     The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined by Geotech Testing Pty Ltd in their correspondence dated 8 March 2010 (Ref: 7508/23-AA Final Revised) are also to be adopted and implemented as a part of the development.

 

2.4     The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

 

25      Dust suppression techniques are to be employed during construction to reduce any potential nuisances to surrounding properties.

 

2.6     All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

 

2.7     Corner lots need to be designed to ensure that the driveway is located a minimum of 6 metres from the tangent point of the intersection to comply with the Australian Standards 2890.

 

2.8     All sites are to be benched in the subdivision to limit cut and fill to be minimal on the site and negate the need for retaining walls.

 

2.9     Those proposed lots will zero allotments need to be identified in the 88B instrument. The lots need to be benched to ensure that no earthworks are required within the easement so that access for maintenance is not hindered by varying ground level. Alternatively, the dwellings need to be designed with dropped edge beams to contain the cut and fill and ensure that the easement remains at a natural ground level after the construction of a dwelling at zero allotment.

 

2.10   All RMS (formerly the RTA) conditions are to be applied received from the SRDAC reference ID 09M1255v10-11, ID 09M1255 v6-9 and ID 09M1255 vol 2 –SYD09/00603.

 

2.11   Pedestrian, bus and cycle facilities are to be consistent with the Development Control Strategy.

 

2.12   All bicycle path construction is to be in accordance with the relevant provisions of the RMS (formerly the RTA) NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

 

2.13   The conditions outlined in the Bush Fire Safety Authority issued by the NSW Rural   Fire Services dated 22 June 2011, shall be incorporated into the development where applicable.

 

2.14   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads & Maritime Services (formerly the RTA).

 

2.15   Temporary on-site detention and erosion and sediment control basins shall be provided generally on accordance with the concept plans lodged for the development approval prepared by J Wyndham Prince, reference number 9111, sheets DA0 – DA16, revision B, dated 17/05/2011.

 

Engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

 

An operation and maintenance manual shall be approved by the Certifying Authority as part of the Construction Certificate documentation.

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

2.16   Prior to the issue of a Construction Certificate a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

 

2.17   Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the design of the roundabout at the intersection of Road No’s 8 & 25 complies with Austroads guidelines.  The roundabout is to incorporate pedestrian refuge facilities and bicycle crossing facilities.  The provision of irrigation and drainage for landscaping is also to be incorporated.

 

2.18   Structural design certification by a suitably qualified engineer – NPER (Structural) of the bridge structure shall accompany any construction certificates issued for civil works.

 

2.19   Prior to the issue of a Construction Certificate detailed plans of the proposed culvert structure on Road No 8 are to be submitted to Penrith City Council.

 

2.20   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

 

2.21   Prior to the issue of the Subdivision Certificate street trees are to be planted in accordance with the street tree plan numbered WP V2a STP Issue C dated 06/05/2011.

 

Prior to the planting of street trees, the street tree plan, plant species and location are to be approved by Penrith City Council.  In this regard, please contact Council’s Development Services Unit on 4732 7777.

 

2.22   Prior to the issue of a Subdivision Certificate the ultimate signalised treatment of the intersection of The Northern Road / Jordan Springs Boulevard (refer to RTA correspondence reference ID 09M1255 Vol 2 – SYD09/00603 dated 12 May 2011) is to be implemented to the satisfaction of the Roads & Traffic Authority.

 

2.23   Prior to the issue of a Subdivision Certificate the timing for the delivery of the proposed traffic signals at the intersection of Road No’s 8, 20 & 21 is to be formally agreed to by Penrith City Council.  Any interim intersection arrangement is to be approved by the Local Traffic Committee.

 

2.24   The temporary on-site detention system and erosion and sediment control system shall be maintained by the person with the benefit of the development consent until development runoff is diverted into the ultimate water quality / detention system and the temporary system has been decommissioned.  A minimum 12 month maintenance period will apply to the ultimate water quality / detention system when completed.

 

2.25   The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

2.26   The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement, as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement.

 

2.27   An arborist report relating to the trees proposed to be retained shall be submitted and approved prior to the issue of a Construction Certificate.  The arborist report shall include consideration of the proposed extent of cut and fill works to confirm whether the trees can be retained on the site.  The report should also specify tree protection measures to ensure that the trees proposed for retention have the best possible chance of surviving the proposed works.  

 

2.28   The existing tree schedule (attached to the Tree Plan) provided with this application is to be updated to include justification to substantiate the proposed removal of all trees.  These further details must be submitted to Council for consideration and approval prior to the issue of a Construction Certificate. 

 

2.29   No remnant vegetation shall be removed from the land to be dedicated as Open Space without the prior approval of Penrith City Council

 

3.    Development Application DA11/0515 for Subdivision of the Western Precinct, St Marys Release Area (Jordan Springs) – Lot 1127 DP1158660 (formerly Lot 1036 DP1149525), (Nos. 1070 - 1170) The Northern Road, Llandilo be approved subject to the following conditions:

 

3.1     A001        Approved plans

A005        Integrated approval authority’s consent

A042        Asset protection zones in bush fire areas

A044        Compliance with NSW Rural Fire Service GTAs

A046        Obtain Construction Certificate before commencement of works

B004        Dust

B005        Mud/soil

C003        Uncovering relics

D001        Sediment and erosion control measures

D002        Spray grass

D005        No filling without prior approval

D06A       Validation of fill material

D009        Covering of waste storage area

D010        Appropriate disposal of excavated or other waste

D013        Traffic noise and acoustic report

D014        Plant and equipment noise

G001        Installation of services and service clearances

G002        Section 73

G004        Integral Energy clearance

H01F       Stamped plans and erection of site notice

H002        Provision of site facilities prior to commencement of construction works

H012        Site classification

H041        Hours of construction work

K101        Works at no cost to Council

K201        Sediment and erosion control

K202        Roads Act

K205        CC for Subdivision Works

K206        Road design criteria table

K207        Road Safety Audit

K213        Water quality

K224        Inter-allotment drainage

K225        Bus stops

K301        Sediment and erosion control - installation

K304        Matters to be addressed prior to commencement of subdivision works

K401        Erosion and sediment control – during construction

K404        Services - underground

K405        Street lighting

K406        Drainage connection

K407        Major filling

K408        Soil testing

K503        Stormwater compliance

K504        Restriction as to user and positive covenant

K507        Line marking and signage 

K510        Street signs

K511        Bond for final wearing course

K513        Maintenance bond

K514        Subdivision compliance documentation

L001        Approved landscaping plans

L002        Landscaping construction

L003        Landscaping report requirements

L005        Planting of plant material

L006        Australian Standard landscaping requirements

L007        Tree protection measures

L008        Tree Preservation Order

L009        Tree preservation order

M001       Prior to subdivision work

M007       Street lighting

M008       Linen plan

M009       88B Instrument

M011       Soil testing

M013       Street trees

M014       Surveyors Certificate

P001        Costs

P002        Fees associated with Council land

Q001        Notice of commencement and appointment of PCA

Q008        Subdivision Certificate

 

3.2     The following aspect in relation to Crime Prevention through Environmental Design (CTPED) principles should incorporated into the development:

 

Lighting

·    All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy, and in accordance with Integral Energy standards and requirements.

·    All pedestrian and cycle networks and bus stops shall be well lit in accordance with the abovementioned standards.

·    Lighting should take into account all vegetation and landscaping that may act as an entrapment spot or obscure the effectiveness of the lighting.

·    Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas.

·    Lighting should have a wide beam of illumination, which reaches the beam of the next light, or the perimeter of the site or area being traversed.

 

Landscaping

·    Street Tree planting and planting along pedestrian / cycle pathways should promote passive surveillance and clear lines of sight. Any trees should have a high canopy so as not to provide concealment opportunities. Dense shrubs and heavy undergrowth should be avoided along the pathways.

·    The pedestrian / cycle pathways will be marked and signposted to clearly delineate which portion of the pathway should be used by pedestrians, and which should be used by cyclists.

·    Trees within public reserve areas must also have a high canopy and minimal undergrowth to enable passive surveillance, promote clear lines of sight and reduce entrapment spots. Dense shrubs must be avoided.

 

3.3     The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined by Geotech Testing Pty Ltd in their correspondence dated 8 March 2010 (Ref: 7508/23-AA Final Revised) are also to be adopted and implemented as a part of the development.

 

3.4     The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

 

3.5     Dust suppression techniques are to be employed during construction to reduce any potential nuisances to surrounding properties.

 

3.6     All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

 

3.7     No work associated with this development is to be undertaken in the vicinity of the existing bitumen road located in the south east of the site until such time as an EPA Accredited Site Auditor has issued a Site Audit Statement for the area, it has been deemed suitable for its intended use, and the Site Audit Statement has been submitted to Council.

 

3.8     Corner lots need to be designed to ensure that the driveway is located a minimum of 6 metres from the tangent point of the intersection to comply with the Australian Standards 2890.

 

3.9     All sites are to be benched in the subdivision to limit cut and fill to be minimal on the site and negate the need for retaining walls.

 

3.10   Those proposed lots will zero allotments need to be identified in the 88b instrument. The lots need to be benched to ensure that no earthworks are required within the easement so that access for maintenance is not hindered by varying ground level. Alternatively, the dwellings need to be designed with dropped edge beams to contain the cut and fill and ensure that the easement remains at a natural ground level after the construction of a dwelling at zero allotment.

 

3.11   All RMS (formerly the RTA)  conditions are to be applied received from the SRDAC reference ID 09M1255v10-11, ID 09M1255 v6-9 and ID 09M1255 vol 2 –SYD09/00603.

 

3.12   Pedestrian, bus and cycle facilities are to be consistent with the Development Control Strategy.

 

3.13   All bicycle path construction is to be in accordance with the relevant provisions of the RMS’ (formerly the RTA)  NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

 

3.14   The conditions outlined in the Bush Fire Safety Authority issued by the NSW Rural   Fire Services dated 22 June 2011, shall be incorporated into the development where applicable.

 

3.15   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads & Traffic Authority.

 

3.16   Temporary on-site detention and erosion and sediment control basins shall be provided generally on accordance with the concept plans lodged for the development approval prepared by J Wyndham Prince, reference number 9111, sheets DA20 – DA27, revision E, dated 17/05/2011.

 

Engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

 

An operation and maintenance manual shall be approved by the Certifying Authority as part of the Construction Certificate documentation.

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

3.17   Prior to the issue of a Construction Certificate a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

 

3.18   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

 

3.19   Prior to the issue of the Subdivision Certificate street trees are to be planted in accordance with the street tree plan numbered WP V2b STP Issue C dated 19/05/2011.

 

Prior to the planting of street trees, the street tree plan, plant species and location are to be approved by Penrith City Council.  In this regard, please contact Council’s Development Services Unit on 4732 7777.

 

3.20   Prior to the issue of a Subdivision Certificate all subdivision works in Village 2A are to be completed to the satisfaction of the Principal Certifying Authority.

 

3.21   Prior to the issue of a Subdivision Certificate the ultimate signalised treatment of the intersection of The Northern Road / Jordan Springs Boulevard (refer to RTA correspondence reference ID 09M1255 Vol 2 – SYD09/00603 dated 12 May 2011) is to be implemented to the satisfaction of the Roads & Traffic Authority.

 

3.22   The temporary on-site detention system and erosion and sediment control system shall be maintained by the person with the benefit of the development consent until development runoff is diverted into the ultimate water quality / detention system and the temporary system has been decommissioned.  A minimum 12 month maintenance period will apply to the ultimate water quality / detention system when completed.

 

3.23   The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

3.24   The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement, as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement.

 

3.25   An arborist report relating to the trees proposed to be retained shall be submitted and approved prior to the issue of a Construction Certificate.  The arborist report shall include consideration of the proposed extent of cut and fill works to confirm whether the trees can be retained on the site.  The report should also specify tree protection measures to ensure that the trees proposed for retention have the best possible chance of surviving the proposed works.  

 

3.26   The proposed street tree planting plan is to be revised to incorporate an informal street tree arrangement.  Details are to be submitted and approved prior to the issue of a Construction Certificate. 

 

3.27   The existing tree schedule (attached to the Tree Plan) provided with this application is to be updated to include justification to substantiate the proposed removal of all trees.  These further details must be submitted to Council for consideration and approval prior to the issue of a Construction Certificate. 

 

3.28  No remnant vegetation shall be removed from the land to be dedicated  as Open Space without the prior approval of Penrith City Council

 

 

4.    Development Application DA11/0516 for Subdivision of the Western Precinct, St Marys Release Area (Jordan Springs) – Lot 1127 DP1158660 (formerly Lot 1036 DP1149525), (Nos. 1070 - 1170) The Northern Road, Llandilo be approved subject to the following conditions:

 

4.1     A001        Approved plans

A005        Integrated approval authority’s consent

A042        Asset protection zones in bush fire areas

A044        Compliance with NSW Rural Fire Service GTAs

A046        Obtain Construction Certificate before commencement of works

B004        Dust

B005        Mud/soil

C003        Uncovering relics

D001        Sediment and erosion control measures

D002        Spray grass

D005        No filling without prior approval

D06A       Validation of fill material

D009        Covering of waste storage area

D010        Appropriate disposal of excavated or other waste

D013        Traffic noise and acoustic report

D014        Plant and equipment noise

G001        Installation of services and service clearances

G002        Section 73

G004        Integral Energy clearance

H01F       Stamped plans and erection of site notice

H002        Provision of site facilities prior to commencement of construction works

H012        Site classification

H041        Hours of construction work

K101        Works at no cost to Council

K201        Sediment and erosion control

K202        Roads Act

K205        CC for subdivision works

K206        Road design criteria table

K207        Road safety audit

K213        Water quality

K224        Inter-allotment drainage

K225        Bus stops

K301        Sediment and erosion control - installation

K304        Matters to be addressed prior to commencement of subdivision works

K401        Erosion and sediment control – during construction

K404        Services - underground

K405        Street lighting

K406        Drainage connection

K407        Major filling

K408        Soil testing

K503        Stormwater compliance    

K504        Restriction to user and positive covenant

K507        Line marking and signage

K510        Street signs

K511        Bond for final wearing course

K513        Maintenance bond

K514        Subdivision compliance documentation

L001        Approved landscaping plans

L002        Landscaping construction

L003        Landscaping report requirements

L005        Planting of plant material

L006        Australian Standard landscaping requirements

L007        Tree protection measures

L008        Tree Preservation Order

L009        Tree preservation order

M001       Prior to subdivision work

M007       Street lighting

M008       Linen plan

M009       88B Instrument

M011       Soil testing

M013       Street trees

M014       Surveyors Certificate

P001        Costs

P002        Fees associated with Council land

Q001        Notice of commencement and appointment of PCA

Q008        Subdivision Certificate

 

4.2     The following aspect in relation to Crime Prevention through Environmental Design (CTPED) principles should incorporated into the development:

 

Lighting

·    All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy, and in accordance with Integral Energy standards and requirements.

·    All pedestrian and cycle networks and bus stops shall be well lit in accordance with the abovementioned standards.

·    Lighting should take into account all vegetation and landscaping that may act as an entrapment spot or obscure the effectiveness of the lighting.

·    Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas.

·    Lighting should have a wide beam of illumination, which reaches the beam of the next light, or the perimeter of the site or area being traversed.

 

Landscaping

·    Street Tree planting and planting along pedestrian / cycle pathways should promote passive surveillance and clear lines of sight. Any trees should have a high canopy so as not to provide concealment opportunities. Dense shrubs and heavy undergrowth should be avoided along the pathways.

·    The pedestrian / cycle pathways will be marked and signposted to clearly delineate which portion of the pathway should be used by pedestrians, and which should be used by cyclists.

·    Trees within public reserve areas must also have a high canopy and minimal undergrowth to enable passive surveillance, promote clear lines of sight and reduce entrapment spots. Dense shrubs must be avoided.

 

4.3     The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined by Geotech Testing Pty Ltd in their correspondence dated 8 March 2010 (Ref: 7508/23-AA Final Revised) are also to be adopted and implemented as a part of the development.

 

4.4     The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

 

4.5     Dust suppression techniques are to be employed during construction to reduce any potential nuisances to surrounding properties.

 

4.6     All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

 

4.7     No work associated with this development is to be undertaken in the vicinity of the existing bitumen road located in the south east of the site until such time as an EPA Accredited Site Auditor has issued a Site Audit Statement for the area, it has been deemed suitable for its intended use, and the Site Audit Statement has been submitted to Council.

 

4.8     Corner lots need to be designed to ensure that the driveway is located a minimum of 6 metres from the tangent point of the intersection to comply with the Australian Standards 2890.

 

4.9     All sites are to be benched in the subdivision to limit cut and fill to be minimal on the site and negate the need for retaining walls.

 

4.10   Those proposed lots will zero allotments need to be identified in the 88b instrument. The lots need to be benched to ensure that no earthworks are required within the easement so that access for maintenance is not hindered by varying ground level. Alternatively, the dwellings need to be designed with dropped edge beams to contain the cut and fill and ensure that the easement remains at a natural ground level after the construction of a dwelling at zero allotment.

 

4.11   All RMS (formerly the RTA) conditions are to be applied received from the SRDAC reference ID 09M1255v10-11, ID 09M1255 v6-9 and ID 09M1255 vol 2 –SYD09/00603.

 

4.12   Pedestrian, bus and cycle facilities are to be consistent with the Development Control Strategy.

 

4.13   All bicycle path construction is to be in accordance with the relevant provisions of the RMS’ (formerly the RTA) NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

 

4.14   The conditions outlined in the Bush Fire Safety Authority issued by the NSW Rural   Fire Services dated 22 June 2011, shall be incorporated into the development where applicable.

 

4.15   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads & Traffic Authority.

 

4.16   Temporary on-site detention and erosion and sediment control basins shall be provided generally on accordance with the concept plans lodged for the development approval prepared by J Wyndham Prince, reference number 9111, sheets DA40 – DA48, revision F, dated 17/05/2011.

 

Engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

 

An operation and maintenance manual shall be approved by the Certifying Authority as part of the Construction Certificate documentation.

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

4.17   Prior to the issue of a Construction Certificate a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

 

4.18   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

 

4.19   Prior to the issue of the Subdivision Certificate street trees are to be planted in accordance with the street tree plan numbered WP V2c STP Issue D dated 20/05/2011.

 

Prior to the planting of street trees, the street tree plan, plant species and location are to be approved by Penrith City Council.  In this regard, please contact Council’s Development Services Unit on 4732 7777.

 

4.20   Prior to the issue of a Subdivision Certificate all subdivision works in Village 2A &2B are to be completed to the satisfaction of the Principal Certifying Authority.

 

4.21   Prior to the issue of a Subdivision Certificate the ultimate signalised treatment of the intersection of The Northern Road / Jordan Springs Boulevard (refer to RTA correspondence reference ID 09M1255 Vol 2 – SYD09/00603 dated 12 May 2011) is to be implemented to the satisfaction of the Roads & Traffic Authority.

 

4.22   The temporary on-site detention system and erosion and sediment control system shall be maintained by the person with the benefit of the development consent until development runoff is diverted into the ultimate water quality / detention system and the temporary system has been decommissioned.  A minimum 12 month maintenance period will apply to the ultimate water quality / detention system when completed.

 

4.23   The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

4.24   The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement, as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement.

 

4.25   An arborist report relating to the trees proposed to be retained shall be submitted and approved prior to the issue of a Construction Certificate.  The arborist report shall include consideration of the proposed extent of cut and fill works to confirm whether the trees can be retained on the site.  The report should also specify tree protection measures to ensure that the trees proposed for retention have the best possible chance of surviving the proposed works. 

 

4.26   The proposed street tree planting plan is to be revised to incorporate an informal street tree arrangement.  Details are to be submitted and approved prior to the issue of a Construction Certificate. 

 

4.27   The existing tree schedule (attached to the Tree Plan) provided with this application is to be updated to include justification to substantiate the proposed removal of all trees.  These further details must be submitted to Council for consideration and approval prior to the issue of a Construction Certificate. 

 

4.28  No remnant vegetation shall be removed from the land to be dedicated  as Open Space without the prior approval of Penrith City Council

 

5.    Development Application DA11/0517 for Subdivision of the Western Precinct, St Marys Release Area (Jordan Springs) – Lot 1127 DP1158660 (formerly Lot 1036 DP1149525), (Nos. 1070 - 1170) The Northern Road, Llandilo be approved subject to the following conditions:

 

5.1     A001        Approved plans

A005        Integrated approval authority’s consent

A042        Asset protection zones in bush fire areas

A044        Compliance with NSW Rural Fire Service GTAs

A046        Obtain Construction Certificate before commencement of works

B004        Dust

B005        Mud/soil

C003        Uncovering relics

D001        Sediment and erosion control measures

D002        Spray grass

D005        No filling without prior approval

D06A       Validation of fill material

D009        Covering of waste storage area

D010        Appropriate disposal of excavated or other waste

D013        Traffic noise and acoustic report

D014        Plant and equipment noise

G001        Installation of services and service clearances

G002        Section 73

G004        Integral Energy clearance

H01F       Stamped plans and erection of site notice

H002        Provision of site facilities prior to commencement of construction works

H012        Site classification

H041        Hours of construction work

K101        Works at no cost to Council

K201        Sediment and erosion control

K202        Roads Act

K205        CC for subdivision works

K206        Road design criteria

K207        Road safety audit

K213        Water quality

K224        Inter-allotment drainage

K225        Bus stops

K301        Sediment and erosion control - installation

K304        Matters to be addressed prior to commencement of subdivision works

K401        Erosion and sediment control – during construction

K404        Services - underground

K405        Street lighting

K406        Drainage connection

K407        Major filling

K408        Soil testing

K503        Stormwater compliance

K504        Restriction to user and positive covenant

K507        Line marking and signage

K510        Street signs

K511        Bond for wearing course

K513        Maintenance bond

K514        Subdivision compliance documentation

L001        Approved landscaping plans

L002        Landscaping construction

L003        Landscaping report requirements

L005        Planting of plant material

L006        Australian Standard landscaping requirements

L007        Tree protection measures

L008        Tree Preservation Order

L009        Tree preservation order

M001       Prior to subdivision work

M007       Street lighting

M008       Linen plan

M009       88B Instrument

M011       Soil testing

M013       Street trees

M014       Surveyors Certificate

P001        Costs

P002        Fees associated with Council land

Q001        Notice of commencement and appointment of PCA

Q008        Subdivision Certificate

 

5.2     The following aspect in relation to Crime Prevention through Environmental Design (CTPED) principles should incorporated into the development:

 

Lighting

·    All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy, and in accordance with Integral Energy standards and requirements.

·    All pedestrian and cycle networks and bus stops shall be well lit in accordance with the abovementioned standards.

·    Lighting should take into account all vegetation and landscaping that may act as an entrapment spot or obscure the effectiveness of the lighting.

·    Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas.

·    Lighting should have a wide beam of illumination, which reaches the beam of the next light, or the perimeter of the site or area being traversed.

 

Landscaping

·    Street Tree planting and planting along pedestrian / cycle pathways should promote passive surveillance and clear lines of sight. Any trees should have a high canopy so as not to provide concealment opportunities. Dense shrubs and heavy undergrowth should be avoided along the pathways.

·    The pedestrian / cycle pathways will be marked and signposted to clearly delineate which portion of the pathway should be used by pedestrians, and which should be used by cyclists.

·    Trees within public reserve areas must also have a high canopy and minimal undergrowth to enable passive surveillance, promote clear lines of sight and reduce entrapment spots. Dense shrubs must be avoided.

 

5.3     The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined by Geotech Testing Pty Ltd in their correspondence dated 8 March 2010 (Ref: 7508/23-AA Final Revised) are also to be adopted and implemented as a part of the development.

 

5.4     The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

 

5.5     Dust suppression techniques are to be employed during construction to reduce any potential nuisances to surrounding properties.

 

5.6     All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

 

5.7     Corner lots need to be designed to ensure that the driveway is located a minimum of 6 metres from the tangent point of the intersection to comply with the Australian Standards 2890.

 

5.8     All sites are to be benched in the subdivision to limit cut and fill to be minimal on the site and negate the need for retaining walls.

 

5.9     Those proposed lots will zero allotments need to be identified in the 88b instrument. The lots need to be benched to ensure that no earthworks are required within the easement so that access for maintenance is not hindered by varying ground level. Alternatively, the dwellings need to be designed with dropped edge beams to contain the cut and fill and ensure that the easement remains at a natural ground level after the construction of a dwelling at zero allotment.

 

5.10   All RMS (formerly the RTA) conditions are to be applied received from the SRDAC reference ID 09M1255v10-11, ID 09M1255 v6-9 and ID 09M1255 vol 2 –SYD09/00603.

 

5.11   Pedestrian, bus and cycle facilities are to be consistent with the Development Control Strategy.

 

5.12   All bicycle path construction is to be in accordance with the relevant provisions of the RMS’ (formerly the RTA) NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

 

5.13   The conditions outlined in the Bush Fire Safety Authority issued by the NSW Rural   Fire Services dated 22 June 2011, shall be incorporated into the development where applicable.

 

5.14   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads & Traffic Authority.

 

5.15   Temporary on-site detention and erosion and sediment control basins shall be provided generally on accordance with the concept plans lodged for the development approval prepared by J Wyndham Prince, reference number 9111, sheets DA50 – DA56, revision B, dated 17/05/2011.

 

Engineering plans and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and shall accompany the application for a Construction Certificate.

 

An operation and maintenance manual shall be approved by the Certifying Authority as part of the Construction Certificate documentation.

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

5.16   Prior to the issue of a Construction Certificate a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

 

5.17   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

 

5.18   Prior to the issue of the Subdivision Certificate street trees are to be planted in accordance with the street tree plan numbered WP V2d STP Issue B dated 20/05/2011.

 

Prior to the planting of street trees, the street tree plan, plant species and location are to be approved by Penrith City Council.  In this regard, please contact Council’s Development Services Unit on 4732 7777.

 

5.19   Prior to the issue of a Subdivision Certificate all subdivision works in Village 2A are to be completed to the satisfaction of the Principal Certifying Authority.

 

5.20   Prior to the issue of a Subdivision Certificate the ultimate signalised treatment of the intersection of The Northern Road / Jordan Springs Boulevard (refer to RTA correspondence reference ID 09M1255 Vol 2 – SYD09/00603 dated 12 May 2011) is to be implemented to the satisfaction of the Roads & Traffic Authority.

 

5.21   The temporary on-site detention system and erosion and sediment control system shall be maintained by the person with the benefit of the development consent until development runoff is diverted into the ultimate water quality / detention system and the temporary system has been decommissioned.  A minimum 12 month maintenance period will apply to the ultimate water quality / detention system when completed.

 

5.22   The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

5.23   The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement, as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement.

 

5.24   An arborist report relating to the trees proposed to be retained shall be submitted and approved prior to the issue of a Construction Certificate.  The arborist report shall include consideration of the proposed extent of cut and fill works to confirm whether the trees can be retained on the site.  The report should also specify tree protection measures to ensure that the trees proposed for retention have the best possible chance of surviving the proposed works.  

 

5.25   The existing tree schedule (attached to the Tree Plan) provided with this application is to be updated to include justification to substantiate the proposed removal of all trees.  These further details must be submitted to Council for consideration and approval prior to the issue of a Construction Certificate. 

 

5.26   No remnant vegetation shall be removed from the land to be dedicated as Open Space without the prior approval of Penrith City Council.

 

6.     Those who made a submission be advised of Council’s decision.

 

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

For

Against

 

Councillor Kaylene Allison

Councillor Kevin Crameri OAM

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Ross Fowler OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Greg Davies

 

 

 

A Liveable City

 

Councillor Kath Presdee left the meeting, the time being 8:11 pm.

 

 

3        Tender Reference 11/12-12 - Roof Replacement and Rectification at Ripples Aquatic Centre                                                                                                                                 

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

That:

1.     The information contained in the report on Tender Reference 11/12-12 - Roof Replacement and Rectification at Ripples Aquatic Centre be received.

2.     A contract be entered into between Bermagui Constructions Pty Ltd and Penrith City Council for the roof replacement and rectification works at Ripples Aquatic Centre for a sum of $1,636,892.05 (ex GST).

 

 

 

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Cranebrook Road, Cranebrook - Speed Zone                                                      

Councillor John Thain requested that the Local Traffic Committee investigate and report on the possibility of providing 50 kph signs and ‘No U Turn’ signs along Cranebrook Road in the vicinity of Cranebrook Park.

 

Councillor Kath Presdee returned to the meeting, the time being 8:13 pm.

 

RR 2          Forrester Road, North St Marys - Traffic Signs                                                   

Councillor John Thain requested that the Local Traffic Committee investigate and report on whether a ‘No U Turn’ sign should be provided in the vicinity of Forrester Road, North St Marys to prevent traffic turning left out of Maple Street from doing u-turns at Griffith Street, causing congestion during morning peak hour.

 

RR 3          Northern Road, Llandilo                                                                                         

Councillor Kevin Crameri OAM requested that  the Local Traffic Committee investigate and report on the possibility of extending the double white lines on Seventh Avenue, Llandilo across Northern Road, further east to prevent u-turns occurring in the vicinity of the main road.

 

RR 4          Rural Fencing                                                                                                           

Councillor Kevin Crameri OAM requested a report to Council concerning rural fencing, in particular fencing surrounding houses in rural areas.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:15 pm.

 

 

 

I certify that these 25 pages are the Confirmed Minutes of the Extraordinary Meeting of Penrith City Council held on 11 April 2012.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date