OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 19 NOVEMBER 2012 AT 7:34PM
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 (arrived 8:25pm), Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.
Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Planning Proposal for Penrith City-wide Local Environmental Plan of the Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 as he owns properties in the vicinity of the area subject to the report.
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Planning Proposal for Penrith City-wide Local Environmental Plan of the Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 as he is a Director, Auditor or Accountant of some properties in the area subject to the report.
His Worship the Mayor, Councillor Mark Davies declared a Pecuniary Interest in Item 5 - Public Exhibition of Environmental Assessment for Concept Plan for Mixed-Use Development Proposal and Stage 1 Project Application for Masters Home Improvement Store at Parkview Site, 164 Station Street, Penrith of the Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 as he has a commercial agreement with the Masters organisation. The Mayor indicated he would leave the room and vacate the chair for consideration of this item.
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Requests for Reports and Memorandums Item 4 - Clean Soil - Llandilo RFS as he is the Deputy Captain of the Llandilo RFS.
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360 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:55pm. |
Item 8 – Planning Proposal for Penrith City-wide Local Environmental Plan
Mr Keightley, an affected person, spoke against the recommendation and urged Council to consider the planning decisions made and the impact these have on both displaced fauna and the local volunteers. Mr Keightley spoke of the pressure that is placed on animals and that they will have their habitat destroyed and need to relocate, often to areas that are already urbanised.
Mr Keightley was particularly concerned that this development would seriously comprise a habitat which has little connectivity to other areas and urged Council to protect this rich bio-diversity area and maintain it as high priority conservation land. Mr Keightley also acknowledged that there is a high need for additional housing in our Local Government Area.
Mr Peter Mobbs
Item 8 – Planning Proposal for Penrith City-wide Local Environmental Plan
Mr Mobbs, an affected person, spoke against the recommendation expressing concern around the rezoning of the land and the loss of valuable natural bushland which is incredibly rich in biodiversity. Mr Mobbs outlined that this area has been identified as an Important Bird Area and there are a number of threatened plant species which would be affected by the proposal.
Mr Mobbs continued by requesting Council take advantage of a unique opportunity to enclose the boundaries of the area and preserve a valuable corridor of land. Mr Mobbs urged and invited Councillors to inspect the area in question to witness the matters that he has outlined for themselves.
Mr Geoff Brown
Item 8 – Planning Proposal for Penrith City-wide Local Environmental Plan
Mr Brown, representing the Western Sydney Conservation Alliance, spoke in opposition to the recommendation and for the need for the LEP to protect Penrith’s biodiversity through the creation of a Western Sydney Green belt to link corridors. Mr Brown stated that he believed the land in question is not currently adequately zoned for conservation and that all priority land should be zoned E2.
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361 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete his address, the time being 8:05pm. |
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Mr Brown requested that Council take the opportunity to fix errors which were made in Stage 1 of the LEP and ensure changes are made to not undermine the Cumberland Plain Recovery Plan.
Mr Vince Hardy
Item 10 – Development Application DA11/1096 boundary adjustment Lot 9 and Lot 10 DP 234345 (No. 20) Forbes Street, Emu Plains
Mr Hardy, planning consultant for the applicant, spoke in opposition to the recommendation and claimed that the development satisfactorily complies with the relevant statutory framework. Mr Hardy stated that the DCP does not prohibit this development and that flood prone land should not be sterilised, but rather should be assessed on a merit based approach which considered all matters.
Mr Hardy continued by stating that he believes this application would not set a precedent in anyway and that there is an adequate low level flood area which could be used as an escape route with very little increase in resources required for emergency services.
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362 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that an extension of time be granted to enable the speaker to complete his address, the time being 8:10pm. |
Mr Hardy urged Council to consider and approve this Development Application based on its merits.
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363 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 8:10pm. |
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1 Congratulations to recipients of 2012 Council scholarships Councillor Michelle Tormey left the meeting, the time being 8:11pm. Councillor Michelle Tormey returned to the meeting, the time being 8:14pm. Councillor Ross Fowler OAM spoke in support of the Mayoral Minute. |
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364 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Congratulations to recipients of 2012 Council scholarships be received. His Worship the Mayor, Councillor Mark Davies presented an award to the recipients of the 2012 Council Scholarships. Professor Kevin Dunn from the University of Western Sydney presented the Mayor with a certification of appreciation in recognition of Council’s support of the scholarship program. |
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2 Council recognised in LGSA Arts and Culture Awards Councillors Ross Fowler OAM, Greg Davies and Ben Goldfinch all spoke in support of the Mayoral Minute and thanked Council staff, participants, children and all others involved. |
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365 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council recognised in LGSA Arts and Culture Awards be received. |
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1 Report and Recommendations of the Local Traffic Committee Meeting held on 5 November 2012 Councillor Prue Car arrived, the time being 8:25pm. |
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366 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 November, 2012 be adopted. |
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2 Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 |
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367 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch That 1. The recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 November, 2012 be adopted with the exception of Item 3 - Planning Proposal for Penrith City-wide Local Environmental Plan and Item 5 - Public Exhibition of Environmental Assessment for Concept Plan for Mixed-Use Development Proposal and Stage 1 Project Application for Masters Home Improvement Store at Parkview Site, 164 Station Street, Penrith. 2. The Non-Pecuniary Conflict of Interest – Less than Significant declared by Councillors Jim Aitken OAM and Ross Fowler OAM be amended to reflect the interest being in Item 3.
Item 3 - Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 (Planning Proposal for Penrith City-wide Local Environmental Plan) 368 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor John Thain That: 1. The information contained in the report on Planning Proposal for Penrith City-wide Local Environmental Plan (LEP) be received. 2. The report be submitted to the next Ordinary Council meeting. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Item 5 - Report and Recommendations of the Policy Review Committee Meeting held on 12 November 2012 (Public Exhibition of Environmental Assessment for Concept Plan for Mixed-Use Development Proposal and Stage 1 Project Application for Masters Home Improvement Store at Parkview Site, 164 Station Street, Penrith)
Having previously declared a Pecuniary Interest, the Mayor, Councillor Mark Davies vacated the chair, the time being 8:27pm.
Deputy Mayor, Ross Fowler OAM took the chair for consideration of the item, the time being 8:27pm.
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369 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch |
That:
1. The information contained in the report on Public Exhibition of Environmental Assessment for Concept Plan for Mixed-Use Development Proposal and Stage 1 Project Application for Masters Home Improvement Store at Parkview Site, 164 Station Street, Penrith be received.
2. Council make a submission to the Department of Planning strongly objecting to the Concept Plan and Stage 1 Project applications for the reasons outlined in this report.
3. Council objects to the proposal being dealt with under the former Part 3A of the Environmental Planning and Assessment Act as it does not fit the criteria required.
4. Council write to the Local Members advising them of the outcome of the Council meeting.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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For |
Against
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Councillor Prue Car |
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Councillor Greg Davies |
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Councillor John Thain |
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Councillor Karen McKeown |
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Councillor Michelle Tormey |
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Councillor Jackie Greenow |
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Councillor Maurice Girotto |
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Councillor Jim Aitken OAM |
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Councillor Ross Fowler OAM |
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Councillor Ben Goldfinch |
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Councillor Kevin Crameri OAM |
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Councillor Tricia Hitchen |
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Councillor Bernard Bratusa |
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Councillor Marcus Cornish |
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The Mayor, Councillor Mark Davies returned to the meeting and took the Chair, the time being 8:28pm.
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1 Organisational Performance Report – Quarterly Review September 2012 |
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370 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Organisational Performance Report – Quarterly Review September 2012 be received. 2. The Organisational Performance Report – Quarterly Review September 2012 as at 30 September 2012, including the revised estimates outlined in this report and detailed in Attachment 1 – Organisational Performance Report – Quarterly Review September 2012 be adopted. 3. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise the funding deed for Round 1 of the Local Infrastructure Renewal Scheme. |
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7 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors |
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373 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received. 2. Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors. 3. Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the DLG. |
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9 Summary of Investments & Banking for the period 1 October to 31 October 2012 |
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374 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 October to 31 October 2012 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2012 to 31 October 2012 be noted and accepted. 3. The graphical investment analysis as at 31 October 2012 be noted. |
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4 Changes to the Environmental Planning and Assessment Act regarding the Local Environmental Plan making process |
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375 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies That: 1. The information contained in the report on Changes to the Environmental Planning and Assessment Act regarding the Local Environmental Plan making process be received. 2. Council write to the Department of Planning and Infrastructure accepting delegation of the Minister’s functions under Section 59 of the Environmental Planning and Assessment Act, 1979 as set out in the Minister’s letter of 31 October 2012. 3. Council nominate the General Manager, Mr Alan Stoneham as its delegate to exercise the Minister’s functions under Section 59 of the Environmental Planning and Assessment Act, 1979 where Council has considered submissions following public exhibition and has resolved to support the finalisation of a Draft Local Environmental Plan.
4. Council write to the Minister for Planning and Infrastructure expressing disappointment that the changes to the LEP making process did not reflect Council’s strong objection to the review elements on the plan making process.
5. Council write to the Minister for Planning and Infrastructure asking for clarification as to whether the Minister will take legal responsibility for outcomes of an LEP where the decision making is taken out of Council’s hands through the new review process.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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5 Sponsorship of the 2012 Nepean District Tennis Association Tie Break Shoot Out |
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376 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain That: 1. The information contained in the report on Sponsorship of the 2012 Nepean District Tennis Association Tie Break Shoot Out be received. 2. Council approve sponsorship of $1,000 from the City Marketing and Event Sponsorship budget. 3. An amount of $700 from each ward’s Voted Works be allocated to the sponsorship of the 2012 Nepean District Tennis Association Tie Break Shoot Out. |
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6 Australian Local Government Women's Association 2013 NSW State Annual Conference |
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377 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish That: 1. The information contained in the report on Australian Local Government Women's Association 2013 NSW State Annual Conference be received. 2. Council nominate Councillors Karen McKeown, Jackie Greenow, Tricia Hitchen, Michelle Tormey and Prue Car to attend ALGWA’s 60th Annual NSW State Conference, to be held in Gosford from Thursday 14 to Saturday 16 March 2013. |
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8 Planning Proposal for Penrith City-wide Local Environmental Plan |
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A MOTION was MOVED by Councillor Kevin Crameri OAM seconded Councillor Michelle Tormey That: 1. The information contained in the report on Planning Proposal for Penrith City-wide Local Environmental Plan be received 2. The Deerubbin land subject of the report be zoned as E2 land as opposed to RU4 and the proposal be forward to the Gateway and placed on exhibition. 3. Council make representations to the Local Members, Minister for Planning and Infrastructure and the Department of Planning seeking an extension to the consultation period from 28 days to 8 weeks. An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded Councillor Greg Davies That: 1. The information contained in the report on Planning Proposal for Penrith City-wide Local Environmental Plan be received 2. Council endorse the recommendations in Attachment 1 to complete the policy platform on which the Planning Proposal for Penrith City-wide LEP will be based. 3. Council endorse the enclosed Planning Proposal for Penrith City-wide LEP to be forwarded to the Department of Planning & Infrastructure seeking a revised Gateway Determination under s56 of the Environmental Planning and Assessment Act 1979. 4. The Council note that the Planning Proposal (including the associated map series) will continue to be refined and finalised before it is submitted to the Department of Planning & Infrastructure seeking the revised Gateway Determination. 5. Council seek approval from the Gateway to publicly exhibit the Planning Proposal for Penrith City-wide LEP in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Infrastructure as part of the s56 Gateway Determination. 6. Council seek urgent discussions between the Office of Environment and Heritage, Deerubbin Aboriginal Land Council and Penrith City Council regarding potential State Government acquisition of the remaining bulk of the proposed E2 zoned land owned by the Deerubbin Aboriginal Land Council in Castlereagh and Council seek the support of the Local Member to facilitate these discussions. 7. Council make representations to the Local Members, Minister for Planning and Infrastructure and the Department of Planning seeking an extension to the consultation period from 28 days to 8 weeks. 378 On being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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10 Development Application DA11/1096 boundary adjustment Lot 9 and Lot 10 DP 234345 (No.20) Forbes Street, Emu Plains Applicant: Freeburn Surveying; Owner: RK McGarrity |
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380 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Development Application DA11/1096 boundary adjustment Lot 9 and Lot 10 DP 234345 (No.20) Forbes Street, Emu Plains be received. 2. A report be presented to the next Ordinary Council meeting detailing conditions that would be imposed if the Development Application was to be recommended for approval. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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11 Floodplain Management Association National Conference - 28 May 2013 to 31 May 2013 Councillor Marcus Cornish left the meeting, the time being 9:12pm. Councillor Marcus Cornish returned to the meeting, the time being 9:15pm. |
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381 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Floodplain Management Association National Conference - 28 May 2013 to 31 May 2013 be received. 2. Council nominate Councillors Jim Aitken OAM, Michelle Tormey, Jackie Greenow, Greg Davies, Kevin Crameri OAM and any other interested Councillors to the 2013 Floodplain Management Association Conference and Workshops, to be held at Tweed Heads from 28 May 2013 to 31 May 2013. |
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12 The Northern Road, Cranebrook - Widening between Borrowdale Way & Andromeda Drive |
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382 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain That: 1. The information contained in the report on The Northern Road, Cranebrook - Widening between Borrowdale Way & Andromeda Drive be received. 2. A further report be brought back to a future Council meeting which provides a traffic assessment of the area and addresses the current issues and expected future issues which may occur when the works cease at Borrowdale Way. |
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14 Status Report on Tender Reference 11/12-12 - Roof Replacement and Rectification at Ripples Aquatic Centre |
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384 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the information contained in the report on Status Report on Tender Reference 11/12-12 - Roof Replacement and Rectification at Ripples Aquatic Centre be received.
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15 Tender Reference 12/13-02 for the Provision of Graffiti Removal Services |
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385 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Tender Reference 12/13-02 for the Provision of Graffiti Removal Services be received. 2. The tender from NT Barnes Pty Ltd (trading as Wundaguard) be accepted for Graffiti Paint Out and Removal Services for a period of two (2) years with an option to extend for a further two (2) x (1) year periods, allowing for rise and fall provisions. |
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17 Development Application DA12/0308 Dwelling at Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo Applicant: Sharon Jones Architectural Design; Owner: Adam John McBurney and Tennille Gay McBurney DA12/0308 Councillor Greg Davies left the room, the time being 9:33pm. |
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387 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Development Application DA12/0308 Dwelling at Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo be received. 2. The matter be deferred until the next Ordinary Meeting of Council. 3. A site inspection be organised as soon as possible for Councillors, Council staff, the owner and the applicant. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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REQUESTS FOR REPORTS AND MEMORANDUMS
Councillor Michelle Tormey left the meeting, the time being 9.33 pm.
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Councillor Marcus Cornish requested a report to the Local Traffic Committee which assesses the danger of the driveway access to this block and suggested a site inspection by the Committee. |
Councillors Greg Davies and Michelle Tormey returned to the meeting, the time being 9:36pm.
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Councillor Jackie Greenow wished to pass on to Council the thanks of a local resident for the activities and services Council provides for young people in the City. |
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Councillor Jackie Greenow wished to pass on to Council that the function and activities held on Sunday, 18 November 2012 at the St Marys Corner attracted a large number of patrons. |
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Councillor John Thain requested Council write to the Local Member and Lobby for the RMS to buy back the land in this area to allow for an off ramp. |
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Councillor Marcus Cornish requested a memo to update all Councillors on when the culverts that were involved in the Torkington Creek floods will be cleaned. |
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Councillor Kevin Crameri OAM requested that where possible tentative events be placed in Councillors’ calendars for 2013 to allow them to plan. |
There being no further business the Chairperson declared the meeting closed the time being 9:45pm.
I certify that these 16 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 19 November 2012.
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Chairperson Date