CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 15 OCTOBER 2012 AT 7:33PM

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Mark 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 Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 25 September 2012 to 17 October 2012 inclusive.

Leave of Absence was previously granted to Councillor Tricia  Hitchen for the period 11 October 2012 to 19 October 2012 inclusive.

 

APOLOGIES

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 24 September 2012

311  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 24 September 2012 be confirmed, as amended, with Minute No. 291 to now read:  

 

“291  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that Council appoint Councillors Mark Davies and Ross Fowler OAM to the Joint Regional Planning Panel.”

 

 

 

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant  in Item 2 – 2012-13 Financial Assistance Grant, with regard to events proposed to be held in Llandilo, as he is a resident of this area.

 

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 6 -  Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains as he owns property in the vicinity of these properties.

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 of Report and Recommendations of the Policy Review Committee meeting held on 8 October, 2012, as he was a member of the Joint Regional Planning Panel that previously considered this matter.

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – Community Assistance Program Planned Component 2012-13, as he is the Auditor/Accountant of a number of organisations listed in this report.

 

  

Mayoral Minute

 

1        Congratulations Ruth Goldsmith - 2012 Public Service Excellence Award                 

312  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Congratulations Ruth Goldsmith - 2012 Public Service Excellence Award be received.

Councillors Ross Fowler OAM, John Thain, Greg Davies, Jim Aitken OAM and Jackie Greenow congratulated Ms Goldsmith on being presented with this prestigious award.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 8 October 2012                                                                                                                                     

313  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 8 October, 2012 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 8 October 2012                                                                                                                                     

314  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 October, 2012 be adopted, with the exception of Item

3 – Planning Proposal – Land at 1-4 Old Bathurst Road, Emu Plains.

 

 Item 3 - Report and Recommendations of the Policy Review Committee Meeting held on 8 October 2012 (Planning Proposal – Land at 1-4 Old Bathurst Road, Emu Plains)

315  A MOTION was moved by Councillor John Thain seconded Councillor Greg Davies

That:

1.     The information contained in the report on Planning Proposal - Land at 1-4 Old Bathurst Road, Emu Plains be received.

2.     In accordance with Sections 55 and 56 of the Environmental Planning and Assessment Act 1979, that the Planning Proposal prepared by Cityscape Planning and Projects dated September 2011, the original rezoning application dated February 2006 and supporting documentation, and the Department of Planning and Infrastructure’s 25 September 2012 Evaluation Report be forwarded to the Department of Planning and Infrastructure seeking a Gateway Determination.

3.     The Department of Planning and Infrastructure be requested to include in its Gateway Determination confirmation of the terms of reference that are identified in the Independent Evaluation Report, prepared by the Department of Planning and Infrastructure for an independent review of flooding matters and any other specific further investigations required under Section 56 of the Environmental Planning and Assessment Act 1979.

4.     The engagement of a suitably qualified consultant be agreed between Council and the proponent to conduct an independent review of flooding matters based on the terms of reference confirmed by the Department of Planning and Infrastructure’s Gateway Determination.

5.     Council officers be authorised to request the proponents to make any minor amendments to the Planning Proposal necessary to meet the Department of Planning and Infrastructure’s guidelines for the content and format for Planning Proposals.

An AMENDMENT was moved by Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that consideration of this matter be deferred to enable a site inspection by Councillors to take place, and that a Briefing be arranged for the Council on the matter.

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

 The AMENDMENT was PUT.

The AMENDMENT was LOST, the voting being:

 

For

Against

 

Councillor Michelle Tormey                     

Councillor Prue Car

Councillor Maurice Girotto

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Ross Fowler OAM

Councillor Jackie Greenow

Councillor Bernard Bratusa

Councillor Marcus Cornish

 

Councillor Mark Davies

 

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

The MOTION was PUT.

The MOTION was CARRIED, the voting being:

 

For

Against

 

Councillor Prue Car

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Maurice Girotto

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Jim Aitken OAM

Councillor Jackie Greenow

Councillor Ross Fowler OAM

Councillor Marcus Cornish

Councillor Bernard Bratusa

Councillor Mark Davies

                          

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

2        2012-13 Financial Assistance Grant                                                                                 

316  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on 2012-13 Financial Assistance Grant be received.

 

5        Pecuniary Interest Returns                                                                                               

317  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on Pecuniary Interest Returns be received.

 

6        Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains                                                                                                             

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

That:

1.     The information contained in the report on Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains be received.

2.     Owner’s consent be provided in relation to the lodgement of DA12/0194 in relation to a proposed alternative access over Council’s land Lot 3 DP234477 Billington Place, Emu Plains.

 

 

7        Summary of Investments and Banking for the period 1 September to 30 September 2012 

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

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 September to 30 September 2012 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2012 to 30 September 2012 be noted and accepted.

3.     The graphical investment analysis as at 30 September 2012 be noted.

4.     The Agency Collection Methods be noted.

 

 

1        2011-12 Financial Statements                                                                                           

320  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the information contained in the report on 2011-12 Financial Statements be received.

 

 

3        2012 Community Building Partnership Program                                                           

321  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on 2012 Community Building Partnership Program be received.

 

2.     Council endorse the submission of the following four projects to the 2012 Community Building Partnership Program:

Londonderry Electoral District: Install new floodlights at Parkes Avenue Reserve: grant request $30,000; Council contribution $42,000 from the Telecommunications Access Fund.

Mulgoa Electoral District: Upgrade canteen at Blair Oval amenities: grant request $30,000; matching funding from Building Asset Renewal Program; and Upgrade canteen at Ridge Park amenities: grant request $30,000; matching funding from Building Asset Renewal Program.

 

Penrith Electoral District: Replace shade awning for children’s pools at Penrith Swim Centre: grant request $25,000; matching funding from Pool operation/maintenance program.

 

Smithfield Electoral District: Install solar panels and upgrade lighting at Erskine Park Community Centre and upgrade lighting at Erskine Park Community Centre: grant request $15,634; matching funding from WaSIP.

 

 

4        Australian Local Government Women's Association 2012 National Conference        

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

That:

1.     The information contained in the report on Australian Local Government Women's Association 2012 National Conference be received.

2.     Council’s delegates to attend the Australian Local Government Women’s Association 2012 National Conference, to be held in Ipswich from 8 to 10 November 2012, be Councillors Jackie Greenow, Michelle Tormey, Karen McKeown and any other interested and available Councillors, with leave of absence being granted as appropriate.

 

 

15      Funding of Emergency Services - Discussion Paper                                                       

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

That:

1.     The information contained in the report on Funding of Emergency Services - Discussion Paper be received.

2.     Council lodge a submission to the Funding our Emergency Services – Discussion Paper as outlined in this report, with the following amendments:

(a)    that Penrith City Council not become an agency for the collection of the proposed  levy; and

(b)   that a flat rate levy across all property types not be supported.

 

 

A City of Opportunities

 

8        Community Assistance Program Planned Component 2012-13                                    

324  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Community Assistance Program Planned Component 2012-13 be received.

2.     Council approve funding the applications and amounts totalling $30,000.00 from the Planned Component of the 2012/2013 Community Assistance Program as outlined in Table 3 of this report.

 

 

9        Access Committee - Appointment of Community Members 2012-2014                       

325  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Car

That:

1.     The information contained in the report on Access Committee - Appointment of Community Members 2012-2014 be received.

2.     The following persons be appointed as community members on Council’s Access Committee for the two year term 2012-14:

Mrs Denise Heath

Ms Ronda Hopkins

Mr Michael Morris

Mrs Farah Madon

Mr David Currie

Ms Melanie Coid.

3.     A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Access Committee.

 

 

10      Draft NSW Long Term Transport Master Plan                                                            

326  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Ross Fowler OAM

That:

1.      The information contained in the report on Draft NSW Long Term Transport Master Plan be received.

2.      Council officers finalise a submission on the Draft NSW Long Term Transport Master Plan and lodge it with Transport for NSW by 26 October 2012.

3.      Copies of Council’s submission be sent to the local State Members seeking their support, particularly noting the necessity of providing additional trains between the City and Western Sydney, as well as the urgent need to upgrade the Jane Street and Mulgoa Road intersection.

 

 

 

 

 

 

 

 

 

A Liveable City

 

13      NSW Bike Plan River Cities Program - Funding Offer from Roads and Maritime Services for Year 3                                                                                                                           

327  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on NSW Bike Plan River Cities Program - Funding Offer from Roads and Maritime Services for Year 3 be received.

2.     Council accept the funding offer of $1.5m from the Roads and Maritime Services for the NSW Bike Plan – River Cities Program, subject to the following conditions:

(a)     Council’s contribution towards the Year 3 (2012/13) project be $500,000, including support through design and project management

(b)     Council’s acceptance of funding be for Year 3 only and any future funding associated agreements be separate and discrete from Year 3 funding

(c)     Council’s acceptance of Year 3 project 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.

 

 

11      North Penrith Commuter Car Park - Execution of Lease                                             

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

That:

1.     The information contained in the report on North Penrith Commuter Car Park - Execution of Lease be received.

2.     The Mayor and General Manager be authorised to execute the Lease for the North Penrith Commuter Car Park with Rail Corporation New South Wales.

3.     The Council seal be affixed to any necessary documentation.

 

 

12      Torkington Creek Flood Investigation                                                                            

329  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Torkington Creek Flood Investigation be received.

 

2.     The Draft Final Report on the Torkington Creek Flood Review be endorsed for exhibition.

3.     A public meeting be arranged at Londonderry to gain community input on the report.

4.     A further report be submitted to Council, following the exhibition, to adopt the Final Report.

 

 

A Vibrant City

 

14      Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook .  Applicant: John I Klinsic;  Owner: John I Klinsic    

 

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

That:

1.     The information contained in the report on Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook be received.

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

3.     Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook be approved subject to the following conditions:

Standard Conditions

          A001 -  Approved Plans

          A008 – Works to BCA requirements

          A009 – Residential Works DCP

                   A019 – Occupation Certificate

                   A046 – Issue of Construction Certificate

                   D001 – Implement Sediment and Erosion Control Measures

                   D007 – Cut and fill of land requiring Validation Certificate

                   D009 – Covering Waste Storage area

                   D010 – Waste disposal

                   E001 – BCA compliance

                   H001 – Stamped plans and erection of site notice

                   H002 – All Forms of Construction

                   H009 – Cut/Fill Details

                   H022 – Survey

                   H030 – Colours and finishes

                   H036 – Rainwater Tank

                   H037 – Safe Supply of Water From Catchment

                   H038 – Connection of Rainwater Tank Supply

                   H039 – Rainwater Tank Pumps

                   H041 – Hours of work

                   I003 – Roads Act Approval 1

                   K016 – Stormwater

                   K026 – Stabilised Access

                   K041 – Infrastructure Bond

                   L008 – Tree preservation order

                   P002 – Fees

                   Q01f – Notice of commencement and appointment of PCA

                   Q05f – Occupation Certificate.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow

                                                                  

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Garbage Collection Arrangements - Christmas 2012                                           

Councillor Marcus Cornish requested a memo reply concerning Council’s arrangements for the collection of garbage over the six-week Christmas period, particularly in regard to the red and yellow bins.

 

RR 2          Widening of Northern Road, Cranebrook                                                            

Councillor Kevin Crameri OAM requested an urgent report to Council on the widening of Northern Road to Andromeda Drive, Cranebrook, instead of to Borrowdale Way, as previously proposed.

 

RR 3          Bus Stop - Cnr Cambridge and Cam Streets, Cambridge Park                          

Councillor Kevin Crameri OAM requested that the Local Traffic Committee investigate the removal of the old bus stop on the corner of Cambridge and Cam Streets, Cambridge Park, as a new bus stop has now been provided. 

 

RR 4          Spectator Fee - School Swimming Programs                                                         

Councillor Kevin Crameri OAM requested a memo reply concerning the spectator fee charged to parents whose children are participating in school swimming programs.

 

RR 5          St Marys Development Committee – Hall Hire of St Marys Memorial Hall       

Councillor Jackie Greenow conveyed thanks from the St Marys Development Committee for Council’s assistance in paying the hire fee for the St Marys Memorial Hall, for an event which raised $2,700 for charity.

 

RR 6          Coal Seam Gas Wells

Councillor Michelle Tormey requested a report to Council on:  the potential environmental impact of the Menangle Park coal seam gas well on the Nepean River, the surrounding region and the Penrith LGA; the potential environmental impact of the Lake Burragorang coal seam gas well on the Nepean River and the Penrith LGA; and the environmental impact and structural integrity of the coal seam gas wells currently within the Penrith LGA, including:  ‘Wallacia 1’ and ‘Duncans Creek 1’, located in Wallacia; ‘Castlereagh 1’, located in Castlereagh; ‘North Castlereagh 1’, located in North Castlereagh; and ‘Cecil 1’, located in Erskine Park.

 

RR 7          Closure of Nepean Street, Cranebrook                                                                  

Councillor John Thain requested an urgent report recommending that the closure of Nepean Street, Cranebrook be deferred for 4-6 weeks to allow for engagement with the local community in order to provide a better understanding of the reasons for this closure, with local residents being informed by letter of the reasons for the closure.

 

RR 8          McHappy Day at McDonalds                                                                                  

Councillor Greg Davies requested an urgent report to Council outlining how Council has supported McHappy Day at McDonalds in previous years and seeking support for this year’s event.

 

 

RR 9          Safety Audit - St Marys Station Precinct                                                               

Councillor Greg Davies requested a report to Council, providing an update on the safety audit previously requested for  the St Marys Station Precinct.

 

RR 10        Nepean Hospital Car Park                                                                                      

Councillor Greg Davies requested a report outlining the details of the costs of construction of the car park at the Nepean Hospital.

 

RR 11        Safety Audit - St Marys Station Precinct                                                               

Councillor Prue Car requested that a safety audit of the St Marys Station Precinct be carried out.

 

RR 12        Road Safety Issues - Carpenter Street, Colyton                                                    

Councillor Prue Car requested that the matter of dangerous driving practices in the vicinity of No. 86 Carpenter Street, Colyton be referred to the Local Traffic Committee for investigation.

 

RR 13        Penrith Valley Men's Shed                                                                                      

Councillor Prue Car requested an urgent report to Council investigating ways that Council can assist the Penrith Valley Men’s Shed with the provision of any of the following items:  laptop computer ($576), photocopier ($400), whiteboard ($99.94), and office furniture ($891.59).

 

RR 14        Future of State Office Block, Station Street, Penrith                                            

Councillor Prue Car requested an urgent report to Council detailing the impact of the planned sale of the State Office Block in Station Street, Penrith, in particular addressing the impact on the tenure of Government Departments currently housed there.

 

RR 15        St Clair Shops - No Stopping Signs                                                                        

Councillor Greg Davies requested that the matter of no stopping signs outside St Clair shops be referred to the Local Traffic Committee for investigation, as concerns have been raised regarding an advertising truck parking in this area all day.

 

 

URGENT BUSINESS

 

UB 1          Leave of Absence                                                                                                     

Councillor Kevin Crameri OAM requested a Leave of Absence from 9 to 17 November 2012 inclusive.

331  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

332  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that Councillor Kevin Crameri OAM be granted Leave of Absence from 9 to 17 November 2012 inclusive.

 

 

UB 2          Leave of Absence                                                                                                     

Councillor Maurice Girotto requested a Leave of Absence from 20 November to 5 December 2012 inclusive.

333  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

334  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that Councillor Maurice Girotto be granted Leave of Absence from 20 November to 5 December 2012 inclusive.

 

 

Committee of the Whole

 

335 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Michelle Tormey that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:04 pm.

 

1        Presence of the Public

 

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

 

 

A Leading City

 

2        Commercial Matter - Council Property - Leasing of Shop 4 at Cranebrook Village Shopping Centre to Sen Khun & Boyanmolika Kong                                                                     

 

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

 

 

 

 

 

 

3        Commercial Matter - Council Property - Leasing of Cooinda Child Care Centre at 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993                                                                                                        

 

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

 

4        Legal Matter - Land and Environment Court proceedings: Dellara Pty Limited v Minister for Planning and Penrith City Council (123 Patons Lane, Orchard Hills)                         

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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

 

A City of Opportunities

 

5        Development Application DA09/0164 Legal Proceedings in relation to Hi Quality quarry and rehabilitation Lot 228 DP 221313 & Lot 229 DP 1134016 (No. 1513-1519) Elizabeth Drive, Kemps Creek Applicant: Hi Quality Quarry (NSW) Pty Ltd;  Owner: Tranteret Pty Ltd  

 

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

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

 

Councillors Prue Car and Michelle Tormey left the meeting, the time being 9:05 pm.

 

 

The meeting resumed at 9:26 pm and the General Manager reported that the Committee of the Whole met at 9:07 pm on 15 October 2012, the following being present

 

His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow, Karen McKeown, John Thain and Michelle Tormey.

 

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

 

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Council Property - Leasing of Shop 4 at Cranebrook Village Shopping Centre to Sen Khun & Boyanmolika Kong                                                    

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

CW2 That:

1.     The information contained in the report on Commercial Matter - Council Property - Leasing of Shop 4 at Cranebrook Village Shopping Centre to Sen Khun & Boyanmolika Kong be received.

2.     Council grant Sen Khun & Boyanmolika Kong a 3 year lease over Shop 4 at Cranebrook Village Shopping Centre in accordance with the terms and conditions set out in the report.

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

 

 

3        Commercial Matter - Council Property - Leasing of Cooinda Child Care Centre at 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993                                                                                                        

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

CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Leasing of Cooinda Child Care Centre at 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993 be received.

2.     Council grant a new 5 year Lease to Little Smarties Pty Ltd in accordance with Section 47A of the Local Government Act 1993 as outlined in the report.

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

 

Councillors Prue Car and Michelle Tormey returned to the meeting, the time being 9:08 pm.

 

 

 

 

 

 

 

 

 

 

4        Legal Matter - Land and Environment Court proceedings: Dellara Pty Limited v Minister for Planning and Penrith City Council (123 Patons Lane, Orchard Hills)                   

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

CW4 That:

1.     The information contained in the report on Legal Matter - Land and Environment Court proceedings: Dellara Pty Limited v Minister for Planning and Penrith City Council (123 Patons Lane, Orchard Hills) be received.

2.     Council not pursue an appeal against the decision of the Commissioners of the Land and Environment Court.

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow

                                                                  

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

 

5        Development Application DA09/0164 Legal Proceedings in relation to Hi Quality quarry and rehabilitation Lot 228 DP 221313 & Lot 229 DP 1134016 (No. 1513-1519) Elizabeth Drive, Kemps Creek. Applicant: Hi Quality Quarry (NSW) Pty Ltd;  Owner: Tranteret Pty Ltd                                                                                                                                       

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

CW5 That:

1.     The information contained in the report on Development Application DA09/0164 Legal Proceedings in relation to Hi Quality quarry and rehabilitation Lot 228 DP 221313 & Lot 229 DP 1134016 (No. 1513-1519) Elizabeth Drive, Kemps Creek be received.

2.     Council enter into a s.34 agreement whereby the Court be invited to grant an order upholding the applicant’s appeal and thereby approving the amended development application subject to the proposed conditions in this report.

3.     The site is not to be used as a transport terminal.

4.     A further report be presented to Council on the monitoring regime for facilities of this nature across the City.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow

                                                                  

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

 

ADOPTION OF Committee of the Whole

 

336  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:29 pm.

 

I certify that these 17 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 15 October 2012.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date