20 March 2013

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 25 March 2013 at 7:30PM.

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

Yours faithfully

Alan Stoneham

General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Jackie Greenow - 22 March 2013 to 4 April 2013 inclusive.

Councillor Prue Car - 11 March 2013 to 19 April 2013 inclusive.

Councillor Ross Fowler OAM - 8 March 2013 to 25 March 2013 inclusive.

Leave of absence requested by:

Councillor Tricia Hitchen – 28 March 2013 to 14 April 2013 inclusive.

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 25 February 2013.

4.           DECLARATIONS OF INTEREST

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

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

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

Item 9, Ordinary Meeting, 25/2/13 – DA 12/0308 at Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 13 February 2013.

Local Traffic Committee Meeting - 4 March 2013.

Penrith Valley Community Safety Partnership Meeting - 6 March 2013.

Policy Review Committee Meeting - 11 March 2013.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 March 2013

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Mark Davies

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers

Group Managers                          

         
           

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



Council_Mark_POS_RGB2013 MEETING CALENDAR

January 2013 - December 2013

(adopted by Council 19/11/12)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

4

 

 

 

 

 

 

 

23^ü

(7.00pm)

 

 

16

(7.00pm)

 

25@

25

29v

27#

24 *

22

26@

30

21

25#+

 

Policy Review Committee

7.30pm

 

11

11

15

13

17

8

12

9

14

11

9

 

 

 

 

 

 

 

 

 

 

 

 

 

 v

Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for June and December) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2012-2013 Annual Statements are presented

 

Meeting at which any comments on the 2012-2013 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

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

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

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 25 FEBRUARY 2013 AT 7:38PM

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, Ben Goldfinch, Jackie Greenow, Tricia Hitchen (arrived 8:35pm), Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Maurice Girotto for the period 5 February 2013 to 2 March 2013 inclusive.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 4 February 2013

26  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 4 February 2013 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 12 – Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents as he is a Director of one of the organisations that submitted a tender. Councillor Ross Fowler OAM stated that he would leave the room during the discussion of this item.

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Billington Place Car Park, Emu Plains - Review of 2P Parking Restrictions & Parking Demand in Commuter Car Parks of the Report and Recommendations of the Local Traffic Committee Meeting held on 4 February 2013 and in Item 7 –  Development Application DA12/0823 for a Detached Dual occupancy at Lot 6 DP 817264 (No. 1a) Leonay Parade, Leonay Applicant: Mullane Planning Consultants Pty Limited;  Owner: Zac Homes Developments Pty Ltd as he owns land in the vicinity of the area subject to the report.

 

Councillor Ben Goldfinch declared a Pecuniary Interest in Item 15 – Tender Reference 12/13-13 - Construction Works to Amenities Block at Leonay as one of the tendering organisations is a customer of a company to which he is an appointed Director. Councillor Ben Goldfinch stated that he would leave the room during the discussion of this item.

 

His Worship the Mayor, Councillor Mark Davies declared a Pecuniary Interest in Item 10 – Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill as his wife is the State Member for Mulgoa. The Mayor indicated he would leave the room and vacate the Chair for consideration of this item.

 

SUSPENSION OF STANDING ORDERS

27  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:46pm.

 

Ms Melissa Grand

 

Item 7 – Development Application DA12/0823 for a Detached Dual occupancy at Lot 6 DP 817264 (No. 1a) Leonay Parade, Leonay Applicant: Mullane Planning Consultants Pty Limited; Owner: Zac Homes Developments Pty Ltd

 

Ms Grand, a neighbour, spoke against the recommendation expressing concern regarding the safety in relation to the laneway and that the proposed development will enclose the laneway and provide opportunities for antisocial behaviour. Ms Grand also outlined concerns regarding the impact of traffic and indicated that the traffic impact assessment is not an accurate assessment of the traffic as the traffic assessment was conducted during school holidays and therefore did not assess traffic during peak times.

 

Ms Grand concluded by asking Council whether consideration has previously  been given to rezoning the land.

 

Mr Adam McBurney

 

Item 9 – Development Application DA12/0308 at Lot 1 DP237071 (No.

265) Seventh Avenue. Llandilo Applicant: Sharon Jones Architectural Design; Owner: Adam John McBurney & Tennille Gay McBurney 

 

Mr McBurney, owner of the property spoke in opposition to the recommendation and requested that Council furnish him with information he is seeking and requested Council to defer the matter pending receipt of this information.


Ms Izabella Paruit

 

Item 10 – Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill

 

Ms Paruit, affected person spoke in support of the recommendation. She expressed her position to oppose the transfer of restricted solid waste from the former Radium Hill Company, Hunters Hill Site to the SITA facility in Kemps Creek. Ms Paruit expressed her concerns regarding the safety of the community and indicated some of the other alternatives that could be considered.

 

28  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Ross Fowler OAM that an extension of time be granted to enable the speaker to complete her address, the time being 8:02pm.

 

Ms Paruit concluded by expressing the concerns raised by the local community and spoke about the monitoring regime required for the radioactive waste and the intergenerational issues associated with the transfer of the restricted solid waste to Kemps Creek.

 

Ms Suzie Wright

 

Item 10 – Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill

 

Ms Wright, concerned citizen spoke in support of the recommendation. She indicated her opposition to uranium mining and the industry uses of uranium. Ms Wright expressed concerns about the transparency of the process. Ms Wright indicated concerns about the volume of restricted solid waste and the separation process of hazardous waste material and the averaging of restricted solid waste across the Hunters Hill site. Ms Wright also expressed concerns about the onsite storage of the restricted waste material.

 

29  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete her address, the time being 8:08pm

 

Ms Wright concluded by requesting Council provide a public meeting with guest speakers and experts to address the community with regards to the science of restricted solid waste and the options available for storing and transferring restricted solid waste appropriately. 

 

RESUMPTION OF STANDING ORDERS

30  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ben Goldfinch that Standing Orders be resumed, the time being 8:17pm.

 

 


Mayoral Minutes

 

Councillor Michelle Tormey left the meeting, the time being 8:17pm.

 

Councillor Michelle Tormey returned to the meeting, the time being 8:19pm.

 

2        Recipients of the Louise Petchell 'Learning for Sustainability' Scholarship 2013

Councillor Karen McKeown spoke in support of the Mayoral Minute.                                       

31  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown that the Mayoral Minute on Recipients of the Louise Petchell 'Learning for Sustainability' Scholarship 2013 be received.

 

1        Local Government Association of New South Wales -Long Service Awards

Councillors Ross Fowler OAM, John Thain and Ben Goldfinch spoke in support of the Mayoral Minute.                                                                                                                                          

32  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Local Government Association of New South Wales -Long Service Awards be received.                                                                         

His Worship the Mayor, Councillor Mark Davies presented  the Long Service Awards to Emeritus Mayor, Councillor Greg Davies and Councillors Jackie Greenow and Jim Aitken OAM.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 February 2013                                                                                                                                     

33  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 February, 2013 be adopted.

 


2        Report and Recommendations of the Policy Review Committee Meeting held on 11 February 2013                                                                                                                    

34  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 February, 2013 be adopted.

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

Procedural Motion

35  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Marcus Cornish that Item 10 be dealt with first.

Having previously declared a Pecuniary Interest in Item 10 – Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill, His Worship the Mayor, Councillor Mark Davies vacated the Chair and left the meeting, the time being 8:32pm.

 

Deputy Mayor, Councillor Ross Fowler OAM then took the Chair for consideration of Item 10, the time being 8:32pm.

10      Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill

Councillor Tricia Hitchen arrived, the time being 8:35pm.                                                           

36  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Prue Car

That:

1.     The information contained in the report on Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill be received.

2.     Council remains opposed to any waste materials being transferred from any site in Nelson Parade, Hunters Hill to the SITA Facility in Kemps Creek.

3.     Council write to the Minister for the Environment and express its strong objection to having only one waste management facility in NSW licensed to accept Restricted Solid Wastes. 

Councillor Michelle Tormey called for a DIVISION.

For

Against

 

Councillor Prue Car

Councillor Tricia Hitchen

Councillor Greg Davies

Councillor Ben Goldfinch

Councillor John Thain

Councillor Bernard Bratusa

Councillor Karen McKeown

Councillor Marcus Cornish

Councillor Michelle Tormey

 

Councillor Jackie Greenow

                                                        

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

 

Councillors Ben Goldfinch, Bernard Bratusa and Marcus Cornish abstained from voting and therefore were taken to have voted against the motion.

 

On being PUT to the meeting the MOTION was carried.

Deputy Mayor, Councillor Ross Fowler OAM adjourned the meeting, the time being 9:30pm.

 

His Worship the Mayor, Councillor Mark Davies, returned to the meeting and took the Chair, the time being 9:36pm.

 

His Worship the Mayor, Councillor Mark Davies, reconvened the meeting, the time being 9:36pm.

 

5        Summary of Investments and Banking for the period 1 January 2013 to 31 January 2013                                                                                                                                              

37  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor John Thain

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 January 2013 to 31 January 2013  be received

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2013 to 31 January 2013 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2013 be noted.

 

 

1        Webcasting of Council Meetings                                                                                      

A MOTION was MOVED by Councillor Prue Car seconded Councillor Jackie Greenow

That:

1.             The information contained in the report on Webcasting of Council Meetings be received.

2.             A further report with specific costings be brought back to Council

3.             Council undergo consultation through the strategic planning process on the demand for webcasting of Council Meetings and also refer the matter to the Access Committee for comment.

4.             Council reaffirm its commitment to open, transparent and accountable local government.

38 An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the information contained in the report on Webcasting of Council Meetings be received.

The AMENDMENT was PUT.

Councillor Michelle Tormey called for a DIVISION.

For

Against

Councillor Kevin Crameri OAM

Councillor Prue Car

Councillor Jim Aitken OAM

Councillor Greg Davies

Councillor Ross Fowler OAM

Councillor John Thain

Councillor Ben Goldfinch

Councillor Karen McKeown

Councillor Tricia Hitchen

Councillor Michelle Tormey

Councillor Bernard Bratusa   

Councillor Jackie Greenow

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

Councillor Michelle Tormey called for a DIVISION.

For

Against

 

Councillor Kevin Crameri OAM

Councillor Prue Car

Councillor Jim Aitken OAM

Councillor Greg Davies

Councillor Ross Fowler OAM

Councillor John Thain

Councillor Ben Goldfinch

Councillor Karen McKeown

Councillor Tricia Hitchen

Councillor Michelle Tormey

Councillor Bernard Bratusa   

Councillor Jackie Greenow

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

2        Organisational Performance Report - December 2012

Councillor Ben Goldfinch left the meeting, the time being 9:59pm.                                            

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

That:

1.     The information contained in the report on Organisational Performance Report - December 2012 be received.

2.     The Organisational Performance Report - December 2012 as at 31 December 2012, including the revised estimates outlined in this report and detailed in the attached – Organisational Performance Report –Financial Review Summary - December 2012 be adopted.

 

 

3        Urban Development Institute of Australia National Congress 2013                             

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

That:

1.     The information contained in the report on Urban Development Institute of Australia National Congress 2013 be received.

2.     Council nominate His Worship the Mayor, Councillor Mark Davies and Councillors Jim Aitken OAM and Greg Davies to attend the Urban Development Institute of Australia National Congress 2013 to be held in Melbourne from 4-7 March 2013 and grant leave of absence as appropriate.

 

Councillor Ben Goldfinch returned to the meeting, the time being 10:05pm.

 

4        2012 Local Government Elections - 8 September 2012                                                  

41  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the information contained in the report on 2012 Local Government Elections - 8 September 2012 be received.

 

A City of Opportunities

 

6        Development Application DA12/0961 Charter & Tourism Boating Facility at Lot 2 DP 612169 Tench Avenue, Jamisontown Applicant: Stimson Consultant Services Pty Ltd;  Owner: Penrith City Council                                                                                            

42  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.      The information contained in the report on Development Application DA12/0961 Charter & Tourism Boating Facility at Lot 2 DP 612169 Tench Avenue, Jamisontown be received.

2.      Development Application DA12/0961 Charter & Tourism Boating Facility at Lot 2 DP 612169 Tench Avenue, Jamisontown be determined by granting Deferred Commencement consent subject to the following conditions.

Schedule 1 : Conditions to be Complied with Prior to Consent Becoming Operational:

a.       Within six (6) months from the date of decision of this Deferred Commencement, the applicant shall amend and re-submit to Penrith City Council all supporting documents detailing the implementation a pontoon for the operation of the Charter and Tourism Boating Facility, while ensure public access to the existing landing at all times.

 

b.       Within six (6) months from the date of decision of this Deferred Commencement, a licence is to be obtained from Penrith Council for the use of the existing landing.

 

                                      Contact Council’s Property Development Department on (02) 4732 7777 in relation to obtaining an appropriate licence and payment of applicable fees.

 

Schedule 2

Standard Conditions

A001     Approved plans that are architecturally drawn

A003     Deferred Commencement use

A007     Variable time period

This consent is limited to a period until 31 December 2016. Prior to the expiry date of this consent, the applicant will be required to submit a new development application for any continuance of the use.

A029     Hours of operation & delivery times

                            The operating hours are from 9:30am to one hour prior to sunset, Monday to Sunday.

E006      Disabled access and facilities

Special Conditions of Consent

1.       Prior to the commencement of the use, an Accessibility Report is to be prepared addressing the Disability (Access to Premises - Buildings) Standards 2010, in particular detailing the following:

-        An accessible path of travel is to be provided from the existing landing to the pontoon.

-        An accessible path of travel from the existing car park within Tench Reserve to the pontoon.

In the event that construction works are required within Tench Reserve, a separate Development Application is to be submitted for these works.

2.       Prior to the commencement of the use, a Plan of Management is to be prepared in consultation with the Nepean Rowing Club New South Wales Rowing and Sydney International Regatta Centre. The  to ensure the operation of the Charter and Tourism Boating Facility does not conflict or interfere with rowing events to be held on the Nepean River.

3.       Prior to the commencement of the use, an operational plan is to be prepared and submitted to Council for approval, which includes, but is not limited to the following details: 

-        Plans detailing the users of the paddle boats are limited to an area north of the existing landing and outside of the existing rowing lanes within the Nepean River. The area is to be marker through the use of buoys.

-        Details of the placement of the marker buoys within the Nepean River and their subsequent removal during a major rowing event. 

-        Details relating to the operation of the Charter and Tourism Boating Facility without limiting access to the existing landing for other users of the Nepean River.

-        Details of sales and management of the Charter and Tourism Boating Facility within the pontoon area.

-        Procedures for the movement of the paddle boats and associated pontoon from the storage site, being Lot 31 DP 772196, to the existing landing.

-        Safety procedures to protect the users of the paddleboats, including access to a safety boats to assist in the rescue/ return of the paddleboats.

4.       Prior to the commencement of the use, details are to be submitted to Penrith Council for approval relating to the implementation of advertising for the Nepean Belle on the paddleboats.

5.       The operation of amplified music is not permitted in conjunction with the Charter and Tourism Boating Facility.

6.       Life jackets are to be worn by hirers at all times when on the paddle boats.

7.       The pontoon and paddle boats are to be removed from the Nepean River at the end of each day and store within Lot 31 DP 772196, No. 102 Factory Road Regentville.

8.       The Charter and Tourism Boating Facility is not to operate during times of flood or any rise in river height.

9        The operation of the Charter and Tourism Boating Facility is limited to the use of nine (9) paddleboats on the Nepean River at anyone time.

10.     The operation of the Charter and Tourism Boating Facility is not to result in the exclusive use of the existing landing.

11.     At no time are paddle boats are to be stored on the banks of the Nepean River or with Tench Reserve.

12.     The area of operation shall be maintained in a clean and tidy manner at all times

13.     At no times are paddle boats to interfere with the use of existing boat ramp.

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 Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

 

 

 

 

 

 

7        Development Application DA12/0823 for a Detached Dual occupancy at Lot 6 DP 817264 (No. 1a) Leonay Parade, Leonay Applicant: Mullane Planning Consultants Pty Limited;  Owner: Zac Homes Developments Pty Ltd

         

Councillor Marcus Cornish left the meeting, the time being 10:21pm.

Councillor Marcus Cornish returned to the meeting, the time being 10:22pm.

A MOTION was MOVED by Councillor John Thain seconded by Councillor Marcus Cornish that the matter be deferred to the next Ordinary Council meeting.

43 An AMENDMENT was MOVED by Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Development Application DA12/0823 for a Detached Dual occupancy at Lot 6 DP 817264 (No. 1a) Leonay Parade, Leonay be received.

2.     Development Application DA12/0823 for a Detached Dual occupancy at Lot 6 DP 817264 (No. 1a) Leonay Parade, Leonay be approved subject to the following conditions:

Standard Conditions

2.1       A001          Approved plans

A008                    Works to BCA requirements

A009                    Residential works DCP

A019                    Occupation Certificate

A039                    Graffiti

A046          Obtain Construction Certificate before commencement  of works

B005          Mud/Soil

 

D001          Implement approved sediment and erosion control     measures

D005                    No filling without prior approval

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

E001                    BCA compliance

E005                    Smoke detectors

G003           Section 73

 

G004           Integral Energy

 

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of           construction works

H006                    Implementation of waste management plan

H014                    Slabs/footings

H041                    Hours of construction work

K041                    Infrastructure restoration fees

K101          Works at no cost to Council

K202          Roads Act - Minor Works

K208          Stormwater drainage

K221          Access and manoeuvring

K501          Roads Authority Clearance

L001           Approved landscaping plans

L005                    Planting of plant material

L006                    Landscaping to Australian Standard

L008                    Tree preservation order

N001                    Section 94 Contributions

P001                     Costs

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Special Conditions

                             2.2     Noise levels within the dwellings shall not exceed the relevant noise                        criteria detailed in “Noise Report – Road Traffic Noise Intrusion                              Report: 6 Leonay Parade, LEONAY” (Report No. 4906), prepared by                      Day Design and dated 3 August 2012.  The recommendations                                    provided in the above-mentioned acoustic report shall be                                        implemented and incorporated into the design and construction of the                   development, and shall be shown on plans accompanying the                                Construction Certificate application.

 

                 2.3     A Certificate is to be obtained from a qualified acoustic consultant                        certifying that the building s have been constructed to meet the noise                       criteria in accordance with the above report.  This certificate is to be                             submitted to the Principal Certifying Authority prior to the issue of                          the Occupation Certificate.

 

                             2.4     The air conditioning units shall be installed in accordance with the                         approved plans. The noise levels emitted by the air conditioning unit                        shall not exceed 5dB(A) above the ambient background noise level                      measured at the property boundary.

 

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

 

                 2.6     Trucks entering and leaving the site carrying construction materials                          that may generate dust shall be covered.

 

                 2.7     Stockpiles of soil or other materials shall be covered or sprayed with                        water on a regular basis, particularly during dry or windy conditions.

                            

                             2.8     All vehicles are to enter and leave the site in a forward direction.

 

                             2.9     All vehicles are to be wholly contained on site before being required                                  to stop.

 

                             2.10   Any existing or proposed landscaping and/or fencing must not restrict                               sight distance of  approaching traffic travelling along Leonay Parade,                                Leonay.

 

                             2.11   All works associated with the proposed development shall be at no                                    cost to NSW Roads and Maritime Service.

 

                             2.12   Prior to the issue of an Occupation Certificate ‘No Stopping’                                         signage shall be installed across the full frontage of the Lot at no                                       cost to Council.

 

                             2.13   Prior to the issue of an Occupation Certificate, a lighting system                          shall be installed to provide uniform lighting across adjoining                                    laneway, common areas and driveways. Exterior lighting shall be                         located and directed in such a manner so as not to create a nuisance to                       surrounding landuses. The lighting shall be the minimum level of                            illumination necessary for safe operation. The lighting shall be in                     accordance with AS 4282 “Control of the obtrusive effects of outdoor                          lighting” (1997).

 

                             2.14   Security fittings / locks to all external doors and windows shall be                                      installed prior to the issue of an occupation certificate.  

 

2.15   A fence of see through construction not more than 1.8m high shall be             provided front of the building alignment along Pamela Lane. Details                    shall be submitted with the application for a Construction Certificate.

3.             The applicant be requested to investigate, in consultation with

                             the adjoining residents, measures to improve the safety of the laneway for

                             Crime Prevention through Environmental Design and investigate the                                  possibility of a slip lane for vehicular access from Leonay Parade.

 

The AMENDMENT was PUT.

 

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

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

For

Against

 

Councillor Greg Davies

Councillor Prue Car

Councillor Jackie Greenow

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Jim Aitken OAM

Councillor Michelle Tormey

Councillor Ross Fowler OAM

Councillor Bernard Bratusa   

Councillor Ben Goldfinch

Councillor Marcus Cornish

Councillor Tricia Hitchen

 

Councillor Mark Davies

 

 

8        The Penrith Progression

Councillor Prue Car left the meeting, the time being 10:34pm.

Councillor Prue Car returned to the meeting, the time being 10:36pm.                                       

44 A MOTION was moved by Councillor Jim Aitken OAM seconded Councillor Marcus Cornish

          That:

1.     The information contained in the report on The Penrith Progression be received.

2.     $100,000 against the Glenmore Park Stage 2 land owner’s contribution is advanced to the PBA to commence Stage 3 of The Penrith Progression.

3.     A further report is provided to the Economic Opportunities Working Party once the cost plan has been prepared for the remainder of The Penrith Progression.

An AMENDMENT was MOVED by Councillor Michelle Tormey and seconded by Councillor Kevin Crameri OAM

          That:

1.             The information contained in the report on The Penrith Progression be   received.

2.             The $100,000 against the Glenmore Park Stage 2 land owner’s contribution is advanced to the PBA to commence Stage 3 of The Penrith Progression be deferred for further consideration in conjunction with the Community Engagement Framework reports to be furnished at a future Councillor Briefing.

3.             A full briefing report be provided to all Councillors on the work of the Penrith Progression and the Penrith Business Alliance Board to date with the briefing to include information on the Voluntary Planning Agreement for Glenmore Park Stage 2; on what contributions were required from developers by Council and why the employment contributions raised from the developer are being returned to the developer and business dominated Penrith Business Alliance Board to progress the Penrith Progression.

4.             The report on the Community Engagement Framework being used by the Penrith Progression project to include a list of community representatives on the Penrith Business Alliance Board, how they were elected to the Board and which community groups they are elected to represent.

The AMENDMENT was PUT.

The AMENDMENT was LOST.

The MOTION was PUT.

The MOTION was CARRIED.

Councillor Michelle Tormey called for a DIVISION.

For

Against

 

Councillor Prue Car

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies                           

 

 

9        Development Application DA12/0308 at Lot 1 DP237071 (No. 265) Seventh Avenue. Llandilo Applicant: Sharon Jones Architectural Design;  Owner: Adam John McBurney & Tennille Gay McBurney                                                                                                    

Councillor Karen McKeown left the meeting, the time being 10:45pm.

Councillor Karen McKeown returned to the meeting, the time being 10:46pm.

Councillor Ross Fowler OAM  left the meeting, the time being 10:56pm.

Councillor John Thain left the meeting, the time being 10:57pm.

Councillor Ross Fowler OAM returned to the meeting, the time being 10:58pm.

Councillor John Thain returned to the meeting, the time being 10:59pm.

A MOTION was MOVED by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the matter be deferred pending the provision of information to the Applicant as requested by the Applicant.

45 An AMENDMENT was moved by Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report for Development Application DA12/0308 at Lot 1 DP237071 (No. 265) Seventh Avenue. Llandilo be received.

2.     Development Application DA12/0308 at Lot 1 DP237071 (No. 265) Seventh Avenue. Llandilo be refused for the following reasons:

(i)   Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 – The proposed development is inconsistent with the following objectives of the RU4 zone under Penrith Local Environmental Plan 2010:

a)   is compatible with the flood hazard of the land, and

 

b)   if located in a floodway, is compatible with the flow conveyance function of the floodway and the flood hazard within the floodway, and

 

c)   is not likely to adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

 

d)   is not likely to significantly alter flow distributions and velocities to the detriment of other properties or the environment, and

 

e)   is not likely to adversely affect the safe and effective evacuation of the land and the surrounding area, and

(ii)   Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979 – The proposed development is inconsistent with the following provisions of  Penrith Development Control Plan 2010.

Flood Hazard Classifications

 

a)   Council will consider development on flood liable land but will not grant consent to development in floodways or in high hazard areas.

 

b)   Consideration will be given to such matters as depth and nature of flood waters, whether the area forms flood storage, the nature and risk posed to the development by flood waters, the velocity of floodwaters and the speed of inundation, and whether the development lies in an area classed as a ‘floodway’, ‘flood fringe area’ or ‘flood storage area’.

(iii) Section 79C(1)(c) of the Environmental Planning and Assessment Act, 1979 – The proposal is located in a floodway and is not considered to be in accordance with the Local Environmental Plan 2010 and Development Control Plan 2010 and as a result is unsuitable for the subject site.

3.     Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 – The proposed development will impact on the flood characteristics of the floodway. The cumulative effect of future like development could further increase potential impacts on the flood characteristics of the floodway to the detriment of the occupiers of the subject land, present and future owners, property and the community and is therefore not in the public interest.

The AMENDMENT was PUT.

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 Michelle Tormey

Councillor Greg Davies

Councillor Jackie Greenow

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Bernard Bratusa   

Councillor Jim Aitken OAM

Councillor Marcus Cornish

Councillor Ross Fowler OAM

                                                        

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Mark Davies

 

The AMENDMENT became the SUBSTANTIVE MOTION.

The MOTION was PUT.

The MOTION was CARRIED.

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 Michelle Tormey

Councillor Greg Davies

Councillor Jackie Greenow

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Bernard Bratusa   

Councillor Jim Aitken OAM

Councillor Marcus Cornish

Councillor Ross Fowler OAM

                                                        

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Mark Davies

 

 

A Green City

 

11      Penrith Recycled Water Scheme - Stage 2                                                                       

46  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Penrith Recycled Water Scheme - Stage 2 be received.

2.     Council not proceed with the Penrith Recycled Water Scheme – Stage 2 project at this time.

3.     The government funding authorities be thanked for their interest in the project and any unspent funds be returned to them.

4.     Council write to the Local Members, to thank them for their ongoing commitment and support to the project.

 

 

Having previously declared a Pecuniary Interest in Item 12, Deputy Mayor, Councillor Ross Fowler OAM  left the meeting, the time being 11:07pm.

 

Councillor Kevin Crameri OAM  left the meeting, the time being 11:07pm.

 

12      Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents                                                   

47  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies

That:

1.     The information contained in the report on Tender Reference 12/13-12, Supply and Delivery of Compostable and Biodegradable Bags and/or Distribution of Bags to Penrith City Residents  be received.

2.     The matter be deferred until further information is provided to all Councillors regarding the assessment process for this tender.

3.     A report be brought to a future Policy Review Committee meeting detailing tendering processes at Council generally.

 

Councillor Ross Fowler OAM  returned to the meeting, the time being 11:13pm.

 

Councillor Kevin Crameri OAM  returned to the meeting, the time being 11:13pm.

Having previously declared a Pecuniary Interest in Item 15, Councillor Ben Goldfinch  left the meeting, the time being 11:16pm.

 

  A Liveable City

 

15      Tender Reference 12/13-13 - Construction Works to Amenities Block at Leonay      

48  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Tender Reference 12/13-13 - Construction Works to Amenities Block at Leonay be received.

2.     The tender for the construction works to the amenities block for the amount of $174,603 (ex GST) from Westco Building Consultants Pty Ltd be accepted.

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

 

 

16      Tough Mudder Special Event - Traffic Management Plan Endorsement                   

49  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Tough Mudder Special Event - Traffic Management Plan Endorsement be received.

2.     The event applicant be advised that this is a Class 1 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

3.     The Traffic Management Plan submitted by the event applicant detailing the proposed traffic diversions for the event to be held on 13 and 14 April 2013 be endorsed.  The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan.

4.     A Transport Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for concurrence, prior to the event.  A copy of the Roads and Maritime Services Traffic Management Centre’s approval must be submitted to Council prior to the event.

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

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

7.     A detailed series of Traffic Control Plans shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.

8.     The event applicant arrange to place barricades and traffic cones and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed Traffic Management Plan.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

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

10.   The event applicant advertise the proposed traffic diversions in local newspapers and other media as described in the Traffic Management Plan, a minimum of two weeks prior to the event.

11.   The event applicant notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

12.   The event applicant notify private bus companies and coach organisations and taxi companies of the proposed event and submit a copy of the notification to Council prior to the event.

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

14.   All works as part of this approval are conducted at no cost to Council.

15.   The event applicant to ensure that foliage is cleared near both the access driveways to Fernhill Estate in order to improve sight distances for exiting vehicles.

16.   The event applicant to ensure that access driveway aprons are sealed with a spray seal or similar in order to minimise rubble spilling onto Mulgoa Road.

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

 

Councillor Ben Goldfinch  returned to the meeting, the time being 11:17pm.

 

13      Penrith City Centre Public Domain Masterplan                                                            

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

That:

1.     The information contained in the report on Penrith City Centre Public Domain Masterplan be received.

2.     The Final Draft Masterplan Report be endorsed for public exhibition.

Councillor Michelle Tormey called for a DIVISION.

For

Against

 

Councillor Prue Car

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow

                                                        

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Mark Davies

 

 

 

 

 

 

14      Energy Efficient Public Lighting Business Case                                                             

51  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Energy Efficient Public Lighting Business Case be received.

2.     A further report be provided to Council, once the results of the submitted Round 2 CEEP applications are announced.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Request for Memorandum regarding LEP and Building Size on land at Sixth Avenue Llandilo 

Councillor Marcus Cornish requested a memorandum be sent to all Councillors regarding the building rights and building size requirements and what needs to be obtained in order to enable building rights on land in Sixth Avenue Llandilo with respect to the LEP and other relevant planning instruments.

 

RR 2          Report regarding Free WiFi                                                                                   

Councillor Tricia Hitchen requested a report to Council detailing the costing and the cost benefit analysis for the provision of free WiFi in the Penrith CBD and Memory Park Area.

 

RR 3          Report and Briefing regarding the Penrith Progression and Penrith Business Alliance      

Councillor Michelle Tormey requested a  briefing on the work and operation of the Penrith Progression and the Penrith Business Alliance Board to date and all available Councillors are invited to attend this briefing.

 

Councillor Marcus Cornish left the meeting, the time being 11:25pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 11:26pm.

 

RR 4          Request to investigate the recording of voting in Council meeting minutes        

Councillor Michelle Tormey requested that when the Code of Meeting Practice is next reviewed there be a consideration of recording in the minutes of the meeting the vote of each individual Councillor on each motion. 

 

RR 5          Request for Memorandum regarding the placement of signage at Woodriff Gardens Tennis Courts                                                                                                                        

Councillor Karen McKeown requested a memorandum providing information on the increasing amount of signage being placed at the tennis courts and that the memorandum provide information on revenue and council policy regarding signage being placed at the tennis courts.

 

RR 6          Request for Report on Badgerys Creek Airport                                                   

Councillor John Thain requested a report to Council on the history of Badgerys Creek Airport and its current situation including the latest position of WSROC with regards to the proposal.

 

RR 7          Request for Urgent Memorandum regarding the state of Bren Close, St Clair 

Councillor Greg Davies requested an urgent memorandum detailing solutions to rectify the badly damage surface due to trucks turning in the cul-de-sac.

 

RR 8          Request for Report regarding government consultation with Council               

Councillor Greg Davies requested a report to Council addressing the lack of consultation by government departments when selling land that Council has shown interest in for community use.

 

RR 9          Request for memorandum regarding the erection of a fence in Erskine Park  

Councillor Greg Davies requested a memorandum regarding an update to the erection of a fence in Erskine Park as per previous requests.

 

RR 10        Request for Report regarding Pedestrian Crossing at the East Side of Kmart, Penrith       

Councillor Kevin Crameri OAM requested a report to Council providing information on the safety issues relating to the pedestrian crossing on the east side of Kmart leading back to South Penrith.

 

RR 11        Request for Memorandum regarding Hunters Hill chronology of events          

Councillor Kevin Crameri OAM requested a memorandum be sent to all Councillors providing a chronology of events including meeting minutes and correspondence in relation to the Hunters Hill matter between June 2010 and November 2010.

 

RR 12        Request for Memorandum regarding grass cutting                                              

Councillor Kevin Crameri OAM requested a memorandum regarding the long grass on the south west corner of the Northern Road and Great Western Highway.

 

RR 13        Request for rubbish removal                                                                                  

Councillor Kevin Crameri OAM requested for rubbish to be removed from Seventh Avenue and between Terrybrook Road and Northern Road, Llandilo.

 

RR 14        Request for pest spraying                                                                                        

Councillor Kevin Crameri OAM requested for Gaymark Lane to be sprayed for cockroaches.

 

RR 15        Request for Report regarding M4 East and the proposed west annex               

Councillor Prue Car requested a report to Council on the different plans being proposed for both a possible M4 East and the proposed west annex. The report should include the proposed routes, possible funding opportunities, possible tolling arrangements and improvements in estimated travel times.

 

RR 16        Request for Report regarding the odour in St Clair and Erskine Park             

Councillor Prue Car requested a report to Council providing an update on the management of odour in St Clair and Erskine Park coming from surrounding tips.

 

URGENT BUSINESS

 

UB 1          Voted Works - Plaque to celebrate 200 years since the crossing of the Blue Mountains       

Councillor Ben Goldfinch requested up to $1500 be allocated and divided equally from each Ward’s Voted Works to fund the purchase of a plaque to celebrate 200 years since the crossing of the Blue Mountains and requested for a memorandum to be sent to all Councillors detailing the actual cost for the purchase of the plaque.                                                                                                                                                                          

52  RESOLVED on the MOTION of Councillor Ben Goldfinch 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.

 

53  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown that up to $1500 be allocated and divided equally from each Ward’s Voted Works to fund the purchase of a plaque to celebrate 200 years since the crossing of the Blue Mountains and for a memorandum to be sent to all Councillors detailing the actual cost for the purchase of the plaque.

 

UB 2          Leave of Absence Request                                                                                       

Councillor Ross Fowler OAM requested leave of absence from 8 March to 25 March 2013 inclusive.

54  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tricia  Hitchen 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.

 

55  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tricia  Hitchen that leave of absence for Councillor Ross Fowler OAM be granted from 8 March to 25 March 2013 inclusive.

 

UB 3          Leave of Absence Request                                                                                       

Councillor Prue Car requested leave of absence for a period of 6 weeks with dates to be advised at a later time.

56  RESOLVED on the MOTION of Councillor Marcus Cornish 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.

 

57  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that leave of absence for Councillor Prue Car be granted for a period of 6 weeks with dates to be advised at a later date.

 

Having previously declared a Pecuniary Interest in Item 10 – Environmental Assessment for the Remediation of the former Radium Hill Company site - Nelson Parade, Hunters Hill, as Urgent Business 4 is a matter related to the subject of  Item 10, His Worship the Mayor, Councillor Mark Davies vacated the Chair and left the meeting, time being 11:48pm.

 

Deputy Mayor, Councillor Ross Fowler OAM then took the Chair for consideration of Urgent Business 4, the time being 11:48pm.

 

UB 4          Public rally support regarding radioactive waste from Nelson Parade Hunters Hill   

Councillor Prue Car requested

             That:

1.      Council pay for the hire of the Joan Sutherland Performing Arts Centre for a public rally in April about the State Government’s proposal to bring radioactive waste from 7 – 9 and 11 Nelson Parade, Hunters Hill to the SITA facility at Kemps Creek.

2.      Council work with the action group to arrange and pay for the advertising of the event.

3.      A further report detailing the cost of hiring Joan Sutherland Performing Arts Centre and options for alternative venues be brought to the next Policy Review Committee meeting on 11 March 2013.

58  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.

 

The Deputy Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

59  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor John Thain

That:

1.      A further report detailing the cost of hiring suitable potential venues for a public rally in April about the State Government’s proposal to bring radioactive waste from 7 – 9 and 11 Nelson Parade, Hunters Hill to the SITA facility at Kemps Creek and assistance Council may be able to provide in terms of advertising the event be brought to the next Policy Review Committee meeting on 11 March 2013.

 

His Worship the Mayor, Councillor Mark Davies, returned to the meeting and took the Chair, the time being 11:49pm.

 

Councillor Ben Goldfinch left the meeting, the time being 11:49pm.

 

UB 5          Committee of the Whole                                                                                          

Councillor Kevin Crameri OAM advised that he had a matter of a confidential nature to be considered, and requested that it be considered in Committee of the Whole as it refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

Councillor Ben Goldfinch returned to the meeting, the time being 11:51pm.

 

 

Committee of the Whole

 

60 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 11:51pm.

 

1        Presence of the Public

 

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

 

A Leading City

 

2        Council Property - Lease Assignment of Shop 3 at Gaymark Place 134-138 Henry Street Penrith                                                                                                                                

 

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 – Lease Accommodation Proposal – Penrith CBD

 

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        Urgent Business – Personnel Matter

         

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

 

The meeting resumed at 12:05am and the General Manager reported that the Committee of the Whole met at 11:51pm on 25 February 2013, 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, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, 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        Council Property - Lease Assignment of Shop 3 at Gaymark Place 134-138 Henry Street Penrith                                                                                                                                

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

CW2 That:

1.     The information contained in the report on Council Property - Lease Assignment of Shop 3 at Gaymark Place 134-138 Henry Street Penrith be received.

2.     Council grant lease assignment from Austinly Industrial Pty Limited to David Wainwright Ellis and Andrew David Ellis 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 – Lease Accommodation Proposal – Penrith CBD

 

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

 

          CW3 That:

 

1.        The verbal report given in relation to the Lease Accommodation Proposal – Penrith CBD be received.

2.        The proposed submission be endorsed and lodged.

 

4        Urgent Business – Personnel Matter

 

          CW4 That Councillor Kevin Crameri OAM’s request and the information concerning the personnel matter be received and that the requested action be undertaken.

 

 

ADOPTION OF Committee of the Whole

 

61  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ben Goldfinch that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 12:06am.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                     


 

 

 

 

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Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Passing of Allan Murray                                                                                                     1

 

2        Councillor Greenow wins 2013 Minister's Award for Women in Local Government       3

 

3        Group Manager Roger Nethercote retires                                                                          4

 

 



Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

Mayoral Minute

Passing of Allan Murray

Strategic Objective: A Council that involves, informs and responds (10)

           

 

 

Allan Murray, a well respected and loved business and community member, passed away aged 78 years on 10 February. Allan was born in Penrith and grew up in a house in Henry Street, went to Penrith Primary School and later built his first home on River Road, Emu Plains.

 

People who knew Allan mention his passion for the community, his sense of humour and adventure, his energy, compassion and generosity of spirit. He was an active and long time member of the local Apex and Lions Clubs. Allan was a devoted Christian.

 

Allan was instrumental in the formation of the Penrith Christian Fellowship Centre at Orchard Hills in the 1970s and heavily involved in the church as a Pastor over the years, where he helped many thousands of people, making a real difference in their personal and spiritual lives.

 

He was involved with missionary travels including to India, Papua New Guinea, Korea, China and Russia.

 

Allan played an important role in overseeing the construction of the current church building in Orchard Hills now known as ImagineNations Church. He was also a member of the Democratic Christian Party.

 

He inherited Murray’s Hardware from his father and ran the business until the early 90s, before taking on a full time role with the church.

 

Allan was passionate about Penrith and the wellbeing of business within the City. As a business leader he was instrumental during the early 1990s with the revitalisation of the City economy after the removal of the mall and the reopening of High Street.

 

Allan took a keen interest in rowing and was often seen down at the river in the early morning before he went to work. He was an excellent rower and won the NSW Lightweight Single Sculls title twice. He stopped competing due to health issues, but continued to row the river for many years.

 

On behalf of Council I offer our deepest sympathy to his family – including his wife Nola, children Sandy, Duncan and Andrew and grandchildren.

 

 

Councillor Mark Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Allan Murray be received.

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

Mayoral Minute

Councillor Greenow wins 2013 Minister's Award for Women in Local Government

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

           

 

 

Congratulations to Councillor Jackie Greenow, who has won the 2013 Minister’s Award for Women in Local Government (Metropolitan). The award recognises women who have demonstrated a significant contribution to their council, community and/or the local government sector, through achieving a beneficial outcome, showing positive leadership or encouraging women’s participation in local government.

 

Councillor Greenow is a worthy recipient of this prestigious award. She has made a significant contribution to our Council and community, and to local government in NSW, through her leadership and active involvement in numerous groups, projects and initiatives throughout her 18 years as a representative of the Penrith community.

 

Councillor Greenow has been a passionate advocate for people with disabilities and a driving force in addressing accessibility issues across the City. She has chaired the Council’s Access Committee for more than 15 years.

 

Councillor Greenow has long been an effective advocate for the greater involvement of women in local government and a staunch supporter of professional development and other opportunities for women who work at Council. She served as Secretary of the Australian Local Government Women’s Association (ALGWA) for five years, and was granted life membership in 2006.

 

I’m extremely pleased to see Councillor Greenow receive this latest honour in recognition of her efforts and contributions.

 

Councillor Mark Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Councillor Greenow wins 2013 Minister's Award for Women in Local Government be received.

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

Mayoral Minute

Group Manager Roger Nethercote retires

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

           

 

People and Places Group Manager Roger Nethercote retires on March 28 after 23 years at Council.

 

Roger was born in Sydney and studied architecture and town and country planning, working at Blue Mountains City Council for 12 years before joining Penrith in 1990 as a Senior Environmental Planner.

 

He held various senior positions in rural and environmental planning before being promoted to Environmental Planning Manager in 1994. Roger became People and Places Group Manager in 2009, overseeing Council’s Children’s Services, Community and Cultural Development, Environmental Health and Development services.

 

He has played a significant role in our City and region, particularly as chair of the WSROC Environmental and Strategic Planners Committee, and as the General Manager’s representative on the boards of Penrith City Children’s Services and Penrith Performing and Visual Arts.

 

He has also built strong relationships with numerous NSW government agencies in planning for Penrith’s success as a growing regional city.

 

Roger has led teams that have achieved significant outcomes for the City including conserving 1500 hectares of bushland for future generations, and planning and delivering 10 new urban communities which will provide 18,000 new homes based on an innovative Sustainability Blueprint for urban release areas.

 

He introduced a place management focus to our major employment and city centres, and brought together a team that focused on the value of place-making and public art in the cultural life of the City. Roger has been a strong advocate for the Neighbourhood Renewal program, and led a review of the City’s two Centre Associations

 

Other career highlights include: developing a strong business focus for Children’s Services; formulating Urban, Rural, Employment and City Health strategies; and planning major developments such as UWS buildings, the Harvey Norman supercentre and the Homemaker Centre.

 

We will miss Roger and we wish him well as he and his wife pack to head around Australia in their 4-wheel-drive, and on their overseas travels.

 

 

 

 

 

Councillor Mark Davies

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Group Manager Roger Nethercote retires be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Notices Of Motion to Rescind a Resolution

 

Item                                                                                                                                                Page

 

1        Notice of Rescission                                                                                                           1

 

 



Ordinary Meeting                                                                                                 25 March 2013

 

1          Notice of Rescission            

 

 

Councillors Kevin Crameri OAM, Marcus Cornish and Bernard Bratusa gave notice of their intention to move the following motion:

 

“That the motion carried at Minute No. 45 of Council’s Ordinary Meeting of 25 February 2013, relating to Item 9 – Development Application DA 12/0308 at Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo, be rescinded.”

 

Subject to the above Rescission Motion being carried:

 

Councillors Kevin Crameri OAM, Marcus Cornish and Bernard Bratusa gave notice of their intention to move the following motion:

 

“That a further report be brought back to the next Ordinary Meeting, providing conditions which could be imposed should approval be granted.”

 

 

 

RECOMMENDATION

That this Notice of Rescission be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 13 February 2013     1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 4 March 2013 6

 

3        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 6 March 2013                                                                                                               19

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 11 March 2013                                                                                                                                           26

 

 



Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 13 February, 2013

 

 

 

PRESENT

Councillor Jackie Greenow (Chair), Councillor Marcus Cornish, David Currie, Farah Madon, Ronda Hopkins, Denise Heath, Melanie Coid.

 

IN ATTENDANCE

Graham Howe - Building Project and Maintenance Coordinator, Hans Meijer – City Works Manager, Erich Weller – Community and Cultural Development Manager, Joe Ibbitson – Community Programs Coordinator, Colin Wood – Fire Safety, Certification and Compliance Coordinator, Ben Felten – Disability Access Officer, Robyn Brookes – Disability Services Officer, Hannah Van de Werff – Graduate Environmental Planner.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 12 February 2013 to 25 February 2013 inclusive.

APOLOGIES

An apology was accepted from Councillor Michelle Tormey.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 12 December 2012

The minutes of the Access Committee Meeting of 12 December 2012 were confirmed.

 

DECLARATIONS OF INTEREST

 Farah Madon declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 – Development Application DA12/1147 Community Facility – Place of Worship – 107-117 Caddens Road, Caddens as she has previously worked with the Access Consultant, Mark Relf.

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

3        Development Application DA12/1147 Community Facility - Place of Worship - 107-117 Caddens Road, Caddens                                                                                                   

Hannah Van de Werff spoke to the report and handed out maps and architectural plans for the development.

 

The development application is for a split level facility over three levels: basement, ground floor and partial first floor area. It comprises basement and ground floor carparking with 101 parking spaces provided in total, five of which are accessible with four on the ground level and one in the basement, close to the proposed lift. Relevant to accessibility the building proposes: all floors to be accessible by the lift, a hearing loop to be provided in the auditorium and a stair lift to the stage. Accessible toilets are proposed in the first and ground floor and the application has been supported by an Access Report demonstrating compliance with relevant access standards.

 

Issues discussed by the Committee included:

 

·    the position and safety of where the road entry/exit to the site will be situated

·    no ambulant facilities being available in the ground floor toilet

·    the location of the platform lift and access through a storeroom – a person in a wheelchair should be able to access the stage from the front

·    the steps have no risers

·    basement parking is near a storage facility

·    query whether the platform lift conforms with the BCA

·    possibility of replacing stairs with a ramp

·    accessible entry to the building

·    a revised road layout will result in the loss of two accessible parking spaces.

 

RECOMMENDED that the information contained in the report on Development Application DA12/1147 Community Facility - Place of Worship - 107-117 Caddens Road, Caddens be received.

 

Hannah Van de Werff left the meeting at 5.40pm.

 

1        Review of NSW Disability Services Act                                                                           

Robyn Brookes spoke to the report which advised of the review of the NSW Disability Services Act to facilitate the NSW Government’s person centred disability support reforms, create an integrated disability legal framework and reflect contemporary thinking about rights for people with a disability.

 

It was suggested that Committee members visit the ADHC website link, which was provided in the report, to examine further the content and structure of the proposed Act. There is an online “tool” to assist with making individual submissions to the review.

 

The Local Government and Shires Association of NSW will be making a submission and requested input from Councils. Penrith Council has forwarded some input to the Association.

 

RECOMMENDED that the information contained in the report on Review of NSW Disability Services Act be received.

 

2        International Day for People with Disability 2012 and Light Rhythm Plays

Robyn Brookes spoke to the report.  A DVD of Light Rhythm Plays at the International Day for People with Disability 2012 was screened for the Committee. The Committee was impressed with the Light Rhythm Plays initiative.

RECOMMENDED that the information contained in the report on International Day for People with Disability 2012 and Light Rhythm Plays be received

 

GENERAL BUSINESS

 

GB 1          Penrith CBD Public Domain Masterplan                                                              

Joe Ibbitson reported that Council is currently undertaking the preparation of the Penrith City Centre Public Domain Masterplan.  This Plan will be presented to the Ordinary Council meeting on 25 February 2012 seeking endorsement for Public Exhibition.

 

The public exhibition will be held during March and an email will be sent to Committee members with details of the Public Exhibition process.

 

 GB 2         All Welcome Project Update                                                                                   

Joe Ibbitson gave an update on the All Welcome Project.  He advised he had spoken with Gai Hawthorn and another three businesses are interested – Monica’s Hair and Beauty, Nepean Pizza and Chic Boutique on High Street.  Further investigations will be undertaken.

 

Millers is the only project completed to date and they have reported increased patronage since the ramp was installed.

 

GB 3          Police Citizens Youth Club (PCYC)                                                                       

Ben Felten advised of four accessible parking bays behind PCYC in Station Street, Penrith.  Council agreed to construct a 10m connecting footpath.  The fence has been removed and an extensive ramp from the Station Street entrance to the entrance at the rear of the building has been constructed.

 

GB 4          Family Fun Day – York Public School                                                                   

Ben Felten advised that ADHC is leading the Family Fun Day project at York Public School on 24 February commencing at 11.00am.  Council is also involved with the Fun Day and has exhibition stands with adaptive switch toys, library displays and digital books.  Staff members from the Learn to Swim program at Penrith Swim Centre will also be in attendance.  The Fun Day is targeted at families, carers of people with disabilities and clients of ADHC.

 

Ben Felten advised that a flyer with further details will be distributed to Access Committee members and Councillors.

 

GB 5          Construction of Footpath between Penrith and St Marys                                   

Ronda Hopkins was pleased to announce that the pathway from O’Connell Street, Penrith to the bridge at UWS has commenced.

 

Hans Meijer advised that the section of path near the culvert west of the bridge over the Great Western Highway (GWH) will be poured within a week. Designs are nearing finalisation for the shared path from the overhead bridge to Gipps Street along the GWH. Some power poles will need to be relocated at various locations along the Great Western Highway to accommodate the shared path.

 

 

 

GB 6          Guidelines on Access to Disability Standard                                                          

Farah Madon advised that the Australian Human Rights Commission is planning to update the Guidelines on the Disability Access to Premises Standards.  Information is available on the website. 

 

GB 7          Penrith Court House Development Application                                                    

Farah Madon requested that the development application for Penrith Courthouse come to the Access Committee. 

 

GB 8          Penrith Senior Citizens Centre                                                                               

Councillor Marcus Cornish enquired concerning the use of the toilets in the Senior Citizens Centre in Station Street. 

 

Erich Weller advised that the Senior Citizens Centre is run by a management committee and most users would be members. 

 

Erich Weller undertook to provide further information to Councillor Cornish on this matter.

 

GB 9          Mr and Mrs Michael Morris – Australia Day Council Awards                           

Councillor Jackie Greenow advised that Michael and Jo-ann Morris were recognised on Australia Day with the Penrith Appreciation Award.

 

GB 10        St Marys North Public School                                                                                 

Councillor Jackie Greenow was happy to advise that St Marys North Public School, which is over 50 years old, is now fully accessible to everyone.

 

GB 11        Swimming Pools Inspection Program                                                                     

Colin Wood advised the State Government has changed the rules for swimming pools following extensive studies of drowning and near drowning events.   The Swimming Pools (Amendment) Act 2012 requires Councils to develop and implement a swimming pool barrier inspection program and also educate the committee on the importance of supervision of young children around swimming pools.

 

Colin Wood also advised that he had been approached to write the UWS Building Studies subject, which includes safety issues. Both swimming pool safety and accessibility will be included in the subject.  The Module on Accessibility will serve to educate Building Surveyors on the finer issues of the standard and the BCA.  The work done by the Access Committee here at Penrith to achieve better outcomes will also be showcased in the hope other Councils will follow our lead.

 

GB 12        Children Falling out of Windows                                                                           

Councillor Jackie Greenow highlighted a campaign at the end of 2012 concerning children falling out of windows.

 

Colin Wood advised that the BCA now states that all bedroom windows more than four metres above the ground in new homes and units will have to be fitted with a barrier or locking device that prevents them from opening more than 12.5cm.

 

GB 13        Sole Occupancy Units                                                                                              

Farah Madon advised that sole occupancy units are required to have a fire door and a door closer which complies with the BCA.

 

There being no further business the Chairperson declared the meeting closed the time being 6.35pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 February, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 4 March, 2013

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Wayne Mitchell – Group Manager City Infrastructure, Eric Hausfeld – Acting Engineering Services Manager, David Drozd – Senior Traffic Engineer, Councillor Marcus Cornish, Senior Constable Mark Elliott – St Marys Police, Constable Bill Pearson – Penrith Police, Daniel Davidson – Road Safety Co‑ordinator, Ruth Byrnes - Senior Traffic Officer, Emma Lawton – Trainee Engineer, Martin Warda – Trainee Engineer.

 

IN ATTENDANCE

Noel Fuller – Co-ordinator Ranger Services.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow, Councillor Karen McKeown, Mr Rick Cortese – Representative for the Member for Mulgoa.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 February 2013

The minutes of the Local Traffic Committee Meeting of 4 February 2013 were confirmed, with Item 10  - Glossop Street, St Marys – Proposed Traffic Management Upgrade to now read as follows:

 

“The Committee noted the information contained in the report and discussed options for conducting a preliminary round of community consultation. The report recommended that:

 

‘1.   The information contained in the report on Glossop Street, St Marys - Proposed Traffic Management Upgrade be received.

2.    Option A for remediation of accidents in Glossop Street, St Marys be selected involving the following works: Great Western Highway - Extend southbound right turn bay to 70 metres, King Street - Close median left turn in/out only (allow for extended right turn bay above), Adelaide Street - Provide Traffic signals and road widening north side to 11.0m wide pavement, Brisbane Street - Close median and allow left turn in/out only, Phillip Street - Review signal operation and extend southbound right turn bay to 115 metres, Hobart Street - Retain as left turn in/out only.

3.    Detailed design plans for all works encompassing Option A be prepared by consultants J.Wyndam Prince and submitted by Council to relevant stakeholders including the Roads and Maritime Services, Police and Westbus for consultation.

4.   Following consultation with relevant stakeholders, design plans for traffic management upgrades to Glossop Street, St Marys, as per Option A, be resubmitted to the Local Traffic Committee for plan endorsement, and be followed by an appropriate level of community consultation, particularly with residents affected by the signalisation and road median closure.

5.   Following design plan endorsement and successful community consultation, State and Federal Blackspot funds be sought for traffic management upgrades to Glossop Street, St Marys, as per Option A.’

The Roads and Maritime Services (RMS) representative offered advice regarding similar projects that are advertised by RMS.

 

The Committee discussed the issues and benefits of community consultation for recommending either Option A or Option B as listed in the report, and subsequently conducting consultation on the Committee’s and Council’s preferred option only, or consulting the community on their preferred option, and referring these submissions back to the Local Traffic Committee for consideration.

 

Following a lengthy discussion, the members of the Committee preferred conducting a preliminary round of community consultation, with exception of the Penrith Police representative, who preferred the recommendations as contained in the report.  Subsequently, a vote was called by the Chairperson.

 

An initial vote was called on the recommendations as contained in the report.  The Roads and Maritime Services representative and Councillor Marcus Cornish voted against the recommendations and the St Marys Police representative abstained from voting.

 

Subsequently, a second vote was called for, requesting the conducting of a preliminary round of consultation, with any submissions being referred back to the Committee prior to the Committee recommending its preferred option for traffic changes.  All three voting members, ie, the Roads and Maritime Services representative, the St Marys Police representative, and Councillor Marcus Cornish, voted for the motion.

 

RECOMMENDATION

LTC 11 That:

1.   The information contained in the report on Glossop Street, St Marys - Proposed Traffic Management Upgrade be received.

2.   Preliminary community consultation be carried out in accordance with Council’s best practice to meet the objectives of “PCC DCP2010 Appendix F4 Notification & Advertising”, regarding the proposed signalisation and road median closure, providing information regarding the benefits of both Options A and B for remediation of accidents in Glossop Street, St Marys.

3. The results of the community consultation process, together with concept design plans for traffic management upgrades to Glossop Street, St Marys be resubmitted to the Local Traffic Committee for consideration.”

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Kingswood - Proposed Extension to Restricted Parking Area Scheme near UWS Kingswood Campus                                                                                                           

RECOMMENDED

That:

1.     The information contained in the report on Kingswood - Proposed Extension to Restricted Parking Area Scheme near UWS Kingswood Campus be received.

2.     Further consultation be undertaken with residents regarding the details of the concept plan and any substantial objections be submitted as a report to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections, installation of the Restricted Parking Area Scheme extension be undertaken as per the concept plan.

4.     Residents who made submissions be notified of Council’s resolution.

 

 

2        Station Street Plaza, St Marys - Parking Agreement                                                     

RECOMMENDED

That:

1.     The information contained in the report on Station Street Plaza, St Marys - Parking Agreement be received.

2.     Approval be given to the Waste & Community Protection Manager to enter into an agreement to carry out parking enforcement of disabled parking spaces, 3P restricted time parking and “No Parking” areas within the private car park of Station Plaza, Station Street, St Marys, subject to a separate report to Council detailing the agreement.

3.     Plan number GA08 Issue B by Leffler Simes Architects, for provision of a 3P and staff parking signage layout, be endorsed.

4.     Station Plaza Management and Haben Retail Management Pty Ltd be advised of Council’s resolution.

 

3        Mulgoa Rise, Glenmore Park Precinct D - Signage & Linemarking Plans                  

RECOMMENDED

That:

1.     The information contained in the report on Mulgoa Rise, Glenmore Park Precinct D - Signage & Linemarking Plans be received.

2.     The signage and linemarking plans prepared by J Wyndham Prince for Mulgoa Rise, Glenmore Park Precinct D (Plan No. 8983/CC516, dated 23/7/2012 Rev F), as amended in red, be endorsed for construction.

 

4        Evan Street, Penrith - Removal of Redundant "Bus Zone" & Extension to Existing "No Stopping" Zone                                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Evan Street, Penrith - Removal of Redundant "Bus Zone" & Extension to Existing "No Stopping" Zone be received.

2.     The redundant “Bus Zone” on the western side of Evan Street, between High and Henry Streets, Penrith be removed, and the existing bus shelter be removed and relocated.

3.    The existing “No Stopping” zone on the western side of Evan Street, Penrith, extending 20m from High Street, be extended through the redundant “Bus Zone”, being an additional 30m.

4.    The resident be advised of Council’s resolution.

5.    The affected businesses and Council’s Rangers be advised of Council’s resolution.

 

 

5        ANZAC Sunday Afternoon March & Memorial Service - Sunday 21 April 2013      

RECOMMENDED

That:

1.     The information contained in the report on ANZAC Sunday Afternoon March & Memorial Service - Sunday 21 April 2013 be received.

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4 August 2006, for the ANZAC Sunday Afternoon March and Memorial Service be endorsed, subject to the following conditions:

(a)  The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

(b)  Approval be given for the temporary closure of roads listed in the report, for the duration of the event.

(c)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

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

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

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

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

(h)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(i)   The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c.

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

(k)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

(l)  The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(m) The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

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

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

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

(q)  Council reserves the right to cancel this approval at any time.

 

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

 

6        ANZAC Day Dawn Service & March - Thursday 25 April 2013                                 

RECOMMENDED

That:

1.     The information contained in the report on ANZAC Day Dawn Service & March - Thursday 25 April 2013 be received.

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4 August 2006, for the ANZAC Day Dawn Service and March be endorsed, subject to the following conditions:

(a)  The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

(b)  Approval be given for the temporary closure of roads listed in the report, for the duration of the event.

(c)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

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

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

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

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

(h)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(i)   The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c.

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

(k)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

(l)   The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(m) The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

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

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

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

(q)  Council reserves the right to cancel this approval at any time.

 

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

 

 

 

7        Cox Avenue, Kingswood - Extension of Existing "No Stopping" Restrictions            

RECOMMENDED

That:

1.     The information contained in the report on Cox Avenue, Kingswood - Extension of Existing "No Stopping" Restrictions be received.

2.     Subject to no substantial objections from the community consultation process, the existing “No Stopping” restrictions adjacent to property number 48 Cox Avenue, Kingswood, be extended approximately 23m west to include the frontage of property number 50 Cox Avenue, Kingswood.

3.     The business owners of property numbers 48 and 50 Cox Avenue, Kingswood be advised of Council’s resolution.

 

8        Stafford Street, Penrith - Proposed Provision of "No Stopping" Signs at Intersections with Reddan Avenue & Rosedale Avenue                                                                               

RECOMMENDED

That:

1.     The information contained in the report on Stafford Street, Penrith - Proposed Provision of "No Stopping" Signs at Intersections with Reddan Avenue & Rosedale Avenue be received.

2.     Community consultation be conducted with affected residents regarding the loss of on-street parking, and any substantial objections be referred back to the Local Traffic Committee.

3.     Subject to no substantial objections from the community consultation process, “No Stopping” restrictions be provided in Reddan Avenue and Rosedale Avenue, Penrith for a distance of 20m, and in Stafford Street, Penrith for 10m at the intersections with these streets, except the eastern side of the intersection with Reddan Avenue, which shall have a length of 13m.

4.     The resident be advised of Council’s resolution.

 

9        St Marys CBD 40km/h High Pedestrian Activity Area Scheme - Design Plan Endorsement Site Number 6                                                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on St Marys CBD 40km/h High Pedestrian Activity Area Scheme - Design Plan Endorsement Site Number 6 be received.

2.     Design Plan numbered 9597/CC602 dated 19-02-13 produced by J Wyndham Prince be finalised and endorsed for construction.

3.     The cost of the device be funded from the Roads and Maritime Services and Council’s joint 40km/h High Pedestrian Activity Area Scheme budget.

 

10      Dunheved Road, Werrington - Linemarking Plan Endorsement                                 

RECOMMENDED

That:

1.   The information contained in the report on Dunheved Road, Werrington - Linemarking Plan Endorsement be received.

2.   Design Plan numbered AD128 dated January 2013 be finalised and endorsed for construction.

3.   The cost of the work be funded from the Roads and Maritime Services and Council’s joint City Works and Traffic Facilities budget.

 

GENERAL BUSINESS

 

GB 1          Cancer Council Penrith Relay for Life – 3 to 5 May 2013  (Raised Council)     

At the Local Traffic Committee meeting on 4 June 2012, in General Business Item 2, the Penrith Police representative advised that “the 2012 Relay for Life event had been successfully held at Howell Oval. The event is growing each year and may require preparation of a formal Traffic Management Plan for future events”. At its Ordinary Meeting of 25 June 2012, Council resolved, on the recommendations of the Local Traffic Committee, that:

 

“Council write to the event organisers of the Penrith Relay for Life event and advise the organiser that a Traffic Management Plan will be required for the 2013 Relay for Life event.”

 

As a result, meetings have been held between the event organisers and Council to discuss the traffic management arrangements for the 2013 Relay for Life event, and a Traffic Management Plan (TMP) has now been received for the event to be held on 4 and 5 May 2013 (with set up on 3 May 2013) at Howell Oval, Station Street, Penrith.

 

In accordance with the Roads and Maritime Services (RMS) Guidelines for Special Events Version 3.4 August 2006, this type of event is considered as a Class 2 Special Event which requires that the applicant submit a detailed TMP to the RMS for approval.

 

The Relay for Life event is a 24-hour community event which raises money for the Cancer Council.  Approximately 1,200 participants walk or run around the Oval, which is lined with entertainment, activities and stalls, with approximately another 500 spectators.  Participants can also camp overnight on the Oval.

 

Car parking for a capacity of approximately 500 vehicles is available at the Penrith Paceway.  Assistants will be available at the Paceway and Howell Oval to direct drivers to the parking area, bus pick up area and drop off zone.  The Panthers “Prowl Bus” and “Vic’s Maxi Taxi” will transport patrons between the Paceway and Howell Oval.  Alternatively, patrons can walk via the signalised pedestrian crossing in Ransley Street.

 

During the set up day from 6.00am on Friday 3 May 2013, and throughout the event, parking will be available at Howell Oval parking area for approximately 45 event management vehicles, including two accessible spaces.  Suppliers/logistics will set up from 8.00am to 3.00pm, whilst participants can set up from 3.00pm.

 

The event commences at 9.30am on Saturday 4 May 2013 and will finish at 10.00am on Sunday 5 May 2013.  Pack up times are from 10.30am to 2.00pm.

 

A site plan attached to the TMP indicates an additional access point on Jamison Road, near the intersection of Mulgoa Road, for parking of suppliers’/logistics vehicles in the south-west corner of the site.  There is no vehicular crossing in Jamison Road to allow temporary access, and damage to the concrete path and turf would occur if permitted.  Left-turning vehicles to the east of the signalised intersection (Mulgoa Road/Jamison Road) would also be hazardous.   Should additional parking for suppliers’/logistics vehicles be required, vehicular access is available via two access gates to the Oval (east and west sides).  The proposed temporary access for vehicles via Jamison Road is not supported for the event.

 

No road closures are required for this event.  The off-road event has successfully operated for several years and Council is not aware of any adverse traffic or transport related impacts.

 

RECOMMENDED

That:

 

1.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4 August 2006, for the Penrith Relay for Life on 3 to 5 May 2013 be endorsed, subject to the following conditions:

 

(a)  The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

(b)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

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

(d) The proposed temporary vehicular access via Jamison Road is not supported.

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

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

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

(h)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(i)   The event applicant provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c.

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

(k)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

(l)   The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(m) The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

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

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

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

(q)  Council reserves the right to cancel this approval at any time.

 

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

 

 

 

GB 2          Higgins Street, Penrith – Request for Amendment to Existing Parking Restrictions  (Raised for Member for Penrith)                                                                                                 

Council’s Road Network Services Engineer raised concerns on behalf of Mr Stuart Ayres MP, Member for Penrith, who has contacted Council on behalf of the Principal of St Nicholas of Myra School in Higgins Street, Penrith.  The Principal has requested that the existing “Kiss and Drop” zone in Higgins Street, Penrith be changed to 15-minute timed parking restrictions between 8.00am and 9.00am and 3.00pm and 4.00pm, Monday to Friday, to allow for easier school drop off and pick up of school students.

 

RECOMMENDED

That the matter be investigated.

 

GB 3          St Marys RSL Sub-Branch – ANZAC Day March on 21 April 2013  (Raised St Marys Police Representative)                                                                                                                  

The St Marys Police representative advised of an ANZAC Day March to be held in St Marys by the St Marys RSL Sub-branch on Sunday 21 April 2013.

 

The March will commence at 2.30pm at Coachman’s Park, then travel south along Queen Street, across the Great Western Highway, then right to Sainsbury Street and to Victoria Park.  This is the same route that has been used in previous years, and has not had any adverse traffic or transport impacts in the St Marys City Centre.

 

The event will be under the direct control of St Marys Highway Patrol and, as such, is a Class 4 event under the Roads and Maritime Services’ “Guide to Traffic & Transport Management for Special Events”.

 

RECOMMENDED

 

That:

 

1.   The event applicant be advised that this is a Class 4 Event under the Roads and Maritime Services’ “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

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

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

4.   The event be run under the direct supervision of NSW Police.

5.   The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

 

GB 4          Jamison Road, South Penrith – Request for Additional Access to Panthers Complex  (Raised Councillor Cornish)                                                                                                        

Councillor Cornish raised a request, on behalf of the Chairman of Panthers, for a previously used temporary access off Jamison Road into the Panthers complex to be re-opened as a permanent alternative access to the site.

RECOMMENDED

That the matter be investigated.

 

 

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 March, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Penrith Valley Community Safety Partnership MEETING

HELD ON 6 March, 2013

 

 

 

PRESENT

Councillor Michelle Tormey; Ben Feszczuk, Penrith Local Area Command; Grant Healey, Penrith Local Area Command; Christine Donzow, Department Juvenile Justice; Glenn Cooper, University of Western Sydney; Julie Page, Needle and Syringe Program; Kylie Druett, Drug and Alcohol Service; Nerida Silver, Nepean Community and Neighbourhood Services; Stephen Cole, Barnardos; David Burns, Penrith City Council; Erin Davidson, Penrith City Council; Seini Hala, Penrith City Council; Yvonne Perkins, Penrith City Council; David Rees, Department of Education and Communities; Allison Kyriakakis, Penrith City Council; Olivia Kidon, Penrith City Council; Murray Halls, Penrith City Council; Michael Bourke, St Marys Local Area Command; Julie Graham, Penrith Local Area Command; Kylie Chang, St Marys Local Area Command; Katerina Tahija, Penrith City Council; Ray Filewood, St Marys Local Area Command.

 

LEAVE OF ABSENCE

Leave of absence was previously granted to:

 

Councillor Greg Davies for the period 4 March 2013 to 7 March 2013 inclusive.

Councillor Jim Aitken OAM for the period 4 March 2013 to 7 March 2013 inclusive.

Councillor Mark Davies for the period 4 March 2013 to 7 March 2013 inclusive.

.

APOLOGIES

His Worship the Mayor Councillor Mark Davies; Councillor Karen McKeown; Dimitri Hondros, RailCorp; Gai Hawthorn, Penrith City Centre Association; Ken Innes, Glenmore Park Action Group; Gina Field, Penrith Valley Chamber of Commerce.

 

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 21 November 2012

The minutes of the Penrith Valley Community Safety Partnership Meeting of 21 November 2012 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

 

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Update on development of new Penrith Community Safety Plan                                 

 

Allison Kyriakakis and Olivia Kidon provided an overview on the history and achievements of the previous Community Safety Plan and an update on the development of the draft Community Safety Plan 2013-2016.

 

Allison updated the meeting regarding advice from the NSW Department of Attorney General and Justice that the guidelines regarding the development of Community Safety Plans were changing. In the interim, Council has been advised to continue to develop the new Community Safety Plan based on the current guidelines.

 

Once the Plan is endorsed by the NSW Department of Attorney General and Justice, Council is eligible to apply for funding to implement strategies contained within the plan.

 

Allison provided the Partnership with a brief overview of the sections contained within the draft plan which includes demographic information, a crime and safety profile and an action plan.

 

Review of Crime Statistics

Olivia Kidon provided a review of the crime data contained in the draft plan. Crime categories over the past five (5) years from BOCSAR (2007-2011) are stable or declining.

 

Overview of Community Consultations

Olivia advised that community consultations were conducted through July and August 2012 to gauge community perceptions regarding crime and safety in Penrith. 518 responses were received from online surveys and printed copies that were distributed to local businesses, community groups and networks.

 

Olivia advised that the six (6) most relevant crime issues identified by respondents, and ranked in order, are harassment and antisocial behaviour;  alcohol and drug related offences; malicious damage; domestic and family violence; break and enter – dwelling; assault – non domestic violence related.

 

BOCSAR statistics reflected that young people make up a large proportion of the LGAs population. It was identified that youth participation in the survey was low. Council developed an additional online youth survey to capture the thoughts of young people on crime and safety in their community and to better reflect their concerns.

 

The youth survey was developed using SurveyMonkey and has been posted on Council’s Facebook page. Olivia also asked if local Police could create a link to the survey via their own Facebook pages.

 

Penrith Youth Interagency (PYI) has agreed to distribute this survey to their network members.

 

In addition to the survey a number of interagency consultations have taken place to identify any further issues that have not been identified from survey results.

 

Olivia advised that Council staff met with local police to discuss the key priority areas.  Following discussions the three (3) proposed key priority areas are:

1.   Public Space Offences

2.   Domestic and Family Violence Offences

3.   Malicious Damage

 

Allison invited group discussion around these priority areas.

 

Grant Healey explained that ‘public space offences’ includes a broad range of crime categories that are relevant to Penrith including harassment and antisocial behaviour, and alcohol related offences in public spaces. This allows for a broad scope of projects and partners.

 

Kylie Druett asked whether ‘public space amenity’ would be a preferable term to use as opposed to ‘public space offences’ as this may help to alleviate community concerns that public spaces are unsafe. Yvonne outlined that the Department of Attorney General and Justice specify that crime/offence categories must be used as priority areas under current guidelines and that the term ‘amenity’ would not meet this requirement. However, strategies to improve amenity of public spaces can be included in the action plan.

 

Glenn Cooper advised that the successful ‘Walk Wise’ program would be a worthwhile project to run and that the University of Western Sydney would support this due to the positive impact of the previous program in raising student awareness about personal safety.

 

Allison advised that the Mondo project had been successful and perhaps there were opportunities to extend this project. Katerina Tahija provided an update on the project. Katerina spoke about the success of the project to date in engaging young people in the Mondo and advised that the Project won an award. The project received a highly commended at the ZEST awards.

 

The group discussed opportunities to involve the local Liquor Accord in strategies addressing alcohol related public space offences.

 

Nerida Silver spoke about the Healthy Relationships training that the Nepean Domestic Violence Network is hosting, supported by the Blue Mountains Women’s Health & Resource Centre. Nerida advised that this project would be relevant for domestic and family violence offences.

 

Section Four – Action Plan

At the conclusion of the surveys and further consultations a workshop will be convened to develop a draft action plan.

 

RECOMMENDED that the information contained in the report on Update on development of new Penrith Community Safety Plan be received.

 

Regular Items

 

A)  Police Statistics

 

Penrith Local Area Command Crime Statistics

 

November 2012 to February 2013

 

Crime Category

November

2012

December

2012

January

2013

February

2013

Assault

79

88

82

87

Robbery

5

4

3

4

Break & Enter

55

72

67

46

Stealing

138

141

125

139

Steal Motor Vehicle

22

19

23

19

Malicious Damage

115

96

89

94

Drug Detection

23

35

21

8

Traffic Offences

382

423

356

348

Motor Vehicle Accident

56

53

46

45

 

 

 

 

 

 

 

St Marys Local Area Command Crime Statistics

 

November 2012 to February 2013

 

Crime Category

November

2012

December

2012

January

2013

February

2013

Assault

118

88

80

94

Robbery

12

7

10

9

Break & Enter

61

57

76

39

Stealing

117

86

148

143

Steal Motor Vehicle

32

19

26

12

Malicious Damage

91

119

126

106

Drug Detection

59

29

34

27

Traffic Offences

505

519

464

562

Motor Vehicle Accident

66

56

50

71

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What’s in the Media?

 

January – March 2013 Media File

 

 

 

 

GENERAL BUSINESS

 

GB 1          David Burns - Rebranding                                                                                      

David Burns advised that Penrith City Council has adopted a new brand. David proposed to rename the Partnership to reflect the current brand and proposed that the Partnership now be called the ‘Penrith Community Safety Partnership’. Members agreed that the name should be changed.

 

GB 2          Julie Page – Needle Bins                                                                                          

Julie advised that the sharps disposal bin that was located on Progress Way, Cranebrook has been accidently removed and destroyed by new tenants at the location. Julie is currently in discussions with local Cranebrook services on where best the relocation of the bin service would be most suited.

 

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 4.30pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 6 March, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 11 March, 2013

 

 

 

PRESENT

His Worship the Mayor, Councillor Mark Davies, and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ross Fowler OAM for the period 8 March 2013 to 25 March 2013 inclusive.

APOLOGIES

An apology was received from Councillor Jim Aitken OAM.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 February 2013

The minutes of the Policy Review Committee Meeting of 11 February 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

His Worship the Mayor, Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest –Significant in Item 5 – Public Rally regarding Waste from Nelson Road Hunters Hill as his wife is the State Member for Mulgoa.  The Mayor indicated that he would leave the meeting during consideration of this item.

 

Procedural Motion

RECOMMENDED that Item 5 be considered before all other business.

 

His Worship the Mayor, Councillor Mark Davies then brought the Councillors’ attention to the retirement this month of Council’s Group Manager – People and Places, Mr Roger Nethercote, noting Mr Nethercote’s valuable contribution to the local community during his employment with Penrith City Council, and advised that further details of Mr Nethercote’s retirement function will be made available in due course.

 

His Worship the Mayor, Councillor Mark Davies, on behalf of Council, also congratulated Councillor Prue Car and her husband on the birth of their first child, last week.

 

DELIVERY PROGRAM REPORTS

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 5, His Worship the Mayor, Councillor Mark Davies then vacated the Chair, the time being 7:40 pm.

 

Councillor Kevin Crameri OAM, then took the Chair for consideration of Item 5, the time being 7:40 pm.

 

A Leading City

 

5        Public Rally regarding Radioactive Waste from Nelson Parade Hunters Hill             

A MOTION was moved

That:

1.   The information contained in the report on Public Rally regarding Radioactive Waste from Nelson Parade Hunters Hill be received.

2.   Council proceed with Option 2 for hire of the Joan Sutherland Performing Arts Centre for the public rally regarding Radioactive Waste from Nelson Parade Hunters Hill, with the cost to be allocated equally from each Ward’s voted works.

An AMENDMENT was moved and it was RECOMMENDED that the information contained in the report on Public Rally regarding Radioactive Waste from Nelson Parade Hunters Hill be received.

Upon being PUT to the meeting the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED.

Councillor John Thain called for a DIVISION.

For

Against

 

Councillor Ben Goldfinch

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

Councillor Bernard Bratusa

Councillor Karen McKeown

Councillor Tricia Hitchen

Councillor Prue Car                                  

Councillor Maurice Girotto

Councillor Jackie Greenow

Councillor Kevin Crameri OAM

Councillor Michelle Tormey

 

 

 

 

Councillor Kevin Crameri OAM used his casting vote.

Councillors John Thain, Greg Davies, Prue Car and Karen McKeown then left the meeting at 8:10 pm and did not return.

 

Councillor Kevin Crameri OAM then vacated the Chair at 8:12 pm.

 

His Worship the Mayor, Councillor Mark Davies, returned to the meeting and took the Chair, the time being 8:12 pm.

 

A Liveable City

 

6        Illegal Dumping Abatement and Presentation of Western Sydney Regional Illegal Dumping (RID) Squad Annual Report

The Manager, Waste and Community Protection, Tracy Chalk introduced the report and invited RID Squad Co-ordinator, Mr Barry Ryan, to give a presentation.

RECOMMENDED that the information contained in the report on Illegal Dumping Abatement and Presentation of Western Sydney Regional Illegal Dumping (RID) Squad Annual Report be received.

 

A Leading City

 

3        Public exhibition of draft amendment to Development Control Plan 2010 to include the Panthers Penrith Precinct                                                                                                               

The Manager, Sustainability and Planning, Paul Grimson introduced the report and gave a presentation.

RECOMMENDED

That:

1.     The information contained in the report on Public exhibition of draft amendment to Development Control Plan 2010 to include the Panthers Penrith Precinct be received.

2.     In accordance with the Environmental Planning and Assessment Act 1979 and the Regulations 2000, a draft amendment to Penrith Development Control Plan 2010 Chapter E6 – Panthers Penrith Precinct be publicly exhibited.

3.     A further report be presented to Council following public exhibition of the draft amendment to Development Control Plan 2010 advising of the outcomes of the exhibition and making further recommendations for adoption.

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

For

Against

 

Councillor Michelle Tormey

                                                        

Councillor Jackie Greenow

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 


 

1        Works in Kind / Material Public Benefit Policy applying to Development Contributions    

RECOMMENDED

That:

1.     The information contained in the report on Works in Kind / Material Public Benefit Policy applying to Development Contributions be received.

2.     Council adopts the Works In Kind/ Material Public Benefit Policy shown at Appendix 2 to this report.

3.     Council rescind the current policy, known as “Section 94 Works in Kind Procedures ”.

 

2        Status of the Sustainability Revolving Fund                                                                   

RECOMMENDED that the information contained in the report on Status of the Sustainability Revolving Fund be received.

 

4        District Open Space Development Contributions Plan Expenditure                            

RECOMMENDED

That:

1.     The information contained in the report on District Open Space Development Contributions Plan Expenditure be received.

2.     Current District Open Space Plan contributions be spent in accordance with the Table shown at Appendix 1 to this report.

3.     In the event that any further contributions are available – either through additional contributions, interest earned or savings to project costs described in this report – these funds be spent on remaining facilities described within the DOS s94 Plan, as outlined in the Table shown at Appendix 1 to this report.

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

For

Against

 

Councillor Michelle Tormey

                                                        

Councillor Jackie Greenow

 

Councillor Maurice Girotto

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

 

 

URGENT BUSINESS

 

UB 1          Leave of Absence                                                                                                     

Councillor Jackie Greenow requested Leave of Absence from 22 March 2013 to 4 April 2013 inclusive.

RECOMMENDED 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.

 

RECOMMENDED that Leave of Absence be granted to Councillor Jackie Greenow from 22 March 2013 to 4 April 2013 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 9:01 pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 March, 2013 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

A Leading City

 

1        2013 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                                        1

 

2        Abandonment of Sundry Debt                                                                                           4

 

3        2012-13 Borrowing Program                                                                                              6

 

4        Summary of Investments & Banking for the period 1 February to 28 February 2013      8

 

A City of Opportunities

 

5        NSW Long Term Transport Master Plan                                                                          17

 

6        NSW Fire and Rescue Fire Safety Report                                                                       24

 

7        Delegation to Council of certain functions under the Plumbing & Drainage Act 2012 28

 

8        Development Application DA12/0892 for a Detached Dual Occupancy at Lot 40 DP 260331, (No. 29) Newtimber Circuit, St Clair Applicant: Fareen N Khan;  Owner: Fareen N Khan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     43

 

9        Section 96 Application DA12/0656.01 for an Industrial Development with Two Warehouses at Lot 1 DP 1087962, (No. 198-204) Andrews Road, Penrith Applicant: Stimson Consultant Services Pty Ltd;  Owner: Ostaday Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     65

 

A Green City

 

10      Biodiversity Fund Grant Application to Restore Cranebrook Wetland and Adjacent Cumberland Plain Woodland                                                                                                                78

 

A Liveable City

 

11      'Our River' project - Nepean River Precinct Masterplan                                                  86

 

12      Review of the Suitability and Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area                                                                                                   89

 

 

13      Tender Reference 12/13-14 - Surveyors Creek Pedestrian Bridge Upgrade                    93

 

14      Tender Reference 12/13-15 - Steel Work and Path Construction on River Road, Emu Plains      96

 

15      Tender Reference 12/13-09 Provision of Various Pavement Sawing, Coring and Grinding Services                                                                                                                                           99

  

 


A Leading City

 

Item                                                                                                                                                Page

 

1        2013 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                                        1

 

2        Abandonment of Sundry Debt                                                                                           4

 

3        2012-13 Borrowing Program                                                                                              6

 

4        Summary of Investments & Banking for the period 1 February to 28 February 2013      8

 

 



Ordinary Meeting                                                                                                 25 March 2013

A Leading City

 

 

1

2013 Australian Local Government Association (ALGA) National General Assembly of Local Government   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

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

       

 

Executive Summary

The 2013 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held in Canberra from 16-19 June 2013.

 

Penrith City Council is entitled to have one voting delegate at each plenary session and it is Council’s practice to send additional Councillors as observers to the Assembly.

 

Presentations will be given at the Assembly from key political leaders, which so far include acceptances from the Shadow Minister for Regional Development, Local Government and Water, Senator Barnaby Joyce, the Leader of the Nationals, the Hon Warren Truss and the Leader of the Greens, Senator Christine Milne. The Prime Minister, the Hon Julia Gillard, the Minister for Regional Australia, Regional Development and Local Government, the Hon Simon Crean and the Leader of the Opposition, the Hon Tony Abbott have also been invited.

 

Council should nominate its voting delegate to attend the Assembly as well as observers, and grant leave of absence as appropriate.

 

Motions for the Assembly this year must fall under the theme Foundations for the Future: Twenty13 and need to be submitted to the ALGA by no later than Friday 26 April 2013. It is recommended that a further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 15 April 2013. Councillors are welcome to put forward any suggested motions prior to this date.

Background

The 2013 National General Assembly of Local Government will be held in Canberra from 16–19 June 2013.

 

The National General Assembly, which is sponsored by the Australian Local Government Association (ALGA), will have as its theme, “Foundations for the Future: Twenty13”.

 

Speakers on the Provisional Program include:

·      Senator Barnaby Joyce, Shadow Minister for Regional Development, Local Government and Water

·      Leader of the Nationals, the Hon Warren Truss

·      Leader of the Greens, Senator Christine Milne

 

In addition to keynote speakers including:

 

·      Geraldine Doogue AO

·      Fred Chaney AO

·      Peter FitzSimons AM

 

Delegates

Each Council is entitled to have one voting delegate at each plenary session.

 

In the past, in addition to selecting its voting delegate, Council has elected to send additional Councillors as observers.

 

In 2012, Council’s voting delegate to the National General Assembly was Councillor Greg Davies, and the additional observers were Councillors Marko Malkoc, Jim Aitken OAM and Ross Fowler OAM with Councillor Karen McKeown attending the Australian Local Government Women's Association (ALGWA) breakfast on the Monday morning.

 

Submitting Motions

To enhance the quality of outcomes from this year’s National General Assembly, and to ensure that motions are relevant to local government nationally, the ALGA Board is calling for motions under the theme of “Foundations for the Future: Twenty13”.

 

The theme for 2013 has been selected as it looks forward and captures the opportunities of the federal election to be held on 14 September 2013. Additionally the theme and political climate this year focuses attention on our future as a nation and who will govern Australian for the next term. Locally there will be a need to build resources and capacity to strengthen communities and position communities into the future.

 

To be eligible for inclusion in the National General Assembly Business Papers motions must:

1.   fall under the NGA theme;

2.   be relevant to the work of local government nationally; and

3.   complement or build on the policy objectives of state or territory associations.

 

Some of the topics touched on under this theme in the discussion paper include:

 

·    Financing Local Government

·    Financial Assistance Grants

·    Expenditure Priorities

·    Constitutional Recognition of Local Government

 

It is intended that at the conference a comprehensive report on the status of constitution recognition will be presented.

 

Motions that are carried by the National General Assembly become Resolutions. These Resolutions are then considered by the ALGA Board when setting national local government policy and will also feed into the Australian Council of Local Government processes.

 

Motions need to be submitted to the ALGA by no later than Friday 26 April 2013.

 

It is proposed to report on the draft Motions to the Policy Review Committee on 15 April 2013.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2013 Australian Local Government Association (ALGA) National General Assembly of Local Government be received.

2.     Council nominate its voting delegate for the 2013 National General Assembly of Local Government.

3.     Council nominate those Councillors that will attend as observers at the 2013 National General Assembly of Local Government.

4.     Leave of Absence be granted to all Councillors attending the 2013 National General Assembly of Local Government to be held in Canberra from 16-19 June 2013.

5.     A further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 15 April 2013. 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

 

 

2

Abandonment of Sundry Debt   

 

Compiled by:               Suzanne Flynn, Chief Rates Clerk

Authorised by:            Andrew Moore, Financial Services Manager   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

Council has outstanding fees totalling $9,036 incurred by one debtor for the occupation and use of the Glenmore Park Child and Family Precinct. The debt was accrued between September 2010 and July 2011.

 

Despite regular debt recovery follow-up, agreed payment arrangements and threats of legal action, the debt was not fully recovered. The company has entered into liquidation and the annual creditors report, issued December 2012, indicates a nil return for unsecured creditors.

 

No further recovery action can be made. Council’s Senior Legal Officer recommends writing off the debt.

 

Council approval must be sought prior to abandoning sundry debts greater than $2,000. It is recommended that the amount of $9,036 as outlined in this report be written off.

Background

Konfident Kids, a business carried on by De Paoli Consulting Pty Ltd, was operating its paediatric early intervention service specifically aimed at helping children with autism and their family from the Glenmore Park Child and Family Precinct.

 

The Council entered into an occupation agreement with Konfident Kids and granted a licence to use the premises for a period of two years commencing from 20 January 2010 at the rate of $198 per week.

 

In March 2011 Council’s Children’s Services Manager Operations wrote to the debtor and advised they were in arrears for the amount of $10,431. A payment arrangement of $­­­­­3,000 per fortnight was agreed. Council allowed Konfident Kids to continue to operate from the Glenmore Park Child and Family Precinct because without operating the business it had no income with which to repay the debt.

 

By the end of May 2011 the debt had been reduced however the agreed payment arrangement was no longer being met and current fees were also not being paid. On 1 June 2011 Council issued a Notice of Intention to Commence Legal Action.

 

Despite several telephone calls and promises of payment, Council was unable to recover the debt. The debtor vacated the rooms in August 2011, leaving a debt of $9,036.

 

De Paoli Consulting Pty Ltd went into administration on 31 August 2011. On 9 September 2011, Council officers lodged a Proof of Debt for the $9,036 to the administrators. The company went into liquidation on 5 October 2011.

 

The liquidator issued an annual report to creditors on 20 December 2012. The company has cash at bank of $44,729, partially secured creditors of $50,000, preferred creditors / employee entitlements of $370,750, and unsecured creditors (of which Penrith City Council is one) totalling $1,091,055.

 

Although the winding up of the company is being held up due to a variety of matters, the liquidator has estimated that returns to unsecured creditors will be nil.

 

Council’s Senior Legal Officer advises that no further recovery action can be taken and recommends writing off the debt.

 

Council’s approval is sought to write off the amount of $9,036 owed by Konfident Kids for the use of rooms at Glenmore Park Child and Family Precinct between 16 September 2010 and 28 July 2011.

 

 

RECOMMENDATION

That:

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

2.     The sundry debt of $9,036 as outlined above be written off as irrecoverable.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

 

 

3

2012-13 Borrowing Program   

 

Compiled by:               Pauline Johnston, Expenditure Accountant

Authorised by:            Andrew Moore, Financial Services Manager   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

The 2012-13 borrowing program includes annual borrowings of $3,200,000 to fund new infrastructure, $913,000 of which represents the sixth year of the ten year program to fund the general revenue contribution to the Asset Renewal Established Areas Strategy (AREAS) and $1,600,000 to provide additional funding for the City Centres Renewal and Improvement program (CCRIP).

 

The program will also include a loan for $1,400,000, approved by Council on 9 July 2012, for the replacement of organics bins, funded from the Waste Reserve.

 

In addition to the $1.6m loan for the CCRIP already included in this year’s borrowing program, a further $2.6m of loan funding will be added to the project if Council’s application for an interest subsidy is successful under round two of the Local Infrastructure Renewal Scheme (LIRS) program for 2012-13.

 

The loans will be drawn down prior to 30 June 2013. Interest rates are currently low and may fall further so it is considered prudent to monitor financial market movements over coming weeks to determine the optimum date to draw down the borrowings when the cost of the funds is lowest.

 

This report recommends council borrow a total of $13.313m for the 2012-13 Borrowing Program.

Current Situation

The 2012-13 borrowing program includes new borrowings of $7.113m to fund new infrastructure, for the general revenue contribution to AREAS, and for the replacement of organics bins.

In addition to the $1.6m loan for the CCRIP already included in the 2012-13 borrowing program, a further $2.6m of loan funding will be added to the project if Council’s application for an interest subsidy is successful under round two of the LIRS program.  As reported on 3 December 2012 Council submitted applications under round two of the LIRS and a decision is expected before the end of June. If the subsidy is not approved, the loan will not proceed.

 

Also, due for refinancing is the remaining four years of an $11.4m loan originally borrowed in June 1998 which consolidated a number of smaller loans. The outstanding principal on this loan is $3.6m.

Approval is sought from Council to borrow:

1           $1,400,000 for a 5 year term

2           $8,313,000 for a 10 year term*

3           $3,600,000 for a 4 year term

* this amount will be reduced by $2.6m if the LIRS subsidy is unsuccessful.

 

The loans detailed above will be drawn down prior to 30 June 2013. The financial market will be monitored over the coming weeks to determine the optimum date to draw down the borrowings.

Loan Application Process

A number of banks and financial institutions will be contacted and asked to submit preliminary quotations for this year’s borrowing allocation. The responses will be reviewed and fixed quotations obtained.  The lenders traditionally quote a firm interest rate for 24 hours. Council needs to accept the most favourable quote within this time frame. This process does not allow sufficient time for these rates to be referred to Council for decision. Council has in the past approved the borrowings and provided delegation to the General Manager to negotiate and accept the final terms of the borrowings.

 

Details of the quotations received, the evaluation undertaken and the final rates and terms accepted are then reported to Council once the contracts are finalised. This report recommends following the same process for this year’s program.

 

 

 

RECOMMENDATION

That:

1.   The information contained in the report on 2012-13 Borrowing Program be received.

2.   Council borrow the $1,400,000 for a 5 year term, $3,600,000 for a 4 year term, and the balance of $8,313,000 for a 10 year repayment term.  This amount will be reduced by $2.6m if the LIRS subsidy is unsuccessful.

3.   Council’s General Manager be given delegated authority to negotiate the loans in accordance with this resolution.

4.   The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings.

5.   The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

 

 

4

Summary of Investments & Banking for the period 1 February to 28 February 2013   

 

Compiled by:               Pauline Johnston, Expenditure Accountant

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 February 2013 to 28 February 2013 and a reconciliation of invested funds at 28 February 2013.

The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 28 February 2013.

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2013 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2013 to 28 February 2013 be noted and accepted.

3.     The graphical investment analysis as at 28 February 2013 be noted.

 

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                25 March 2013

Appendix 1 - Summary of Investments

 




 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A City of Opportunities

 

Item                                                                                                                                                Page

 

5        NSW Long Term Transport Master Plan                                                                          17

 

6        NSW Fire and Rescue Fire Safety Report                                                                       24

 

7        Delegation to Council of certain functions under the Plumbing & Drainage Act 2012 28

 

8        Development Application DA12/0892 for a Detached Dual Occupancy at Lot 40 DP 260331, (No. 29) Newtimber Circuit, St Clair Applicant: Fareen N Khan;  Owner: Fareen N Khan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     43

 

9        Section 96 Application DA12/0656.01 for an Industrial Development with Two Warehouses at Lot 1 DP 1087962, (No. 198-204) Andrews Road, Penrith Applicant: Stimson Consultant Services Pty Ltd;  Owner: Ostaday Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     65

 

 



Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

 

 

5

NSW Long Term Transport Master Plan   

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Authorised by:            Eric Hausfeld, Acting Engineering Services Manager   

 

Objective

We have a say in our future

Community Outcome

A Council that speaks out for Penrith and our region (9)

Strategic Response

Advocate for the employment, transport, and infrastructure to ensure the region is sustainable (9.1)

       

 

Executive Summary

The purpose of this report is to provide Council with an overview of the State Government’s final version of the NSW Long Term Transport Master Plan, which was released on 13 December 2012 with context to our submissions into this process.  The report recommends that Council continue to pursue the transport initiatives outlined in our submissions where they have not been addressed in the Long Term Transport Master Plan.

Background

At its Ordinary Meeting of 15 October 2012, Council considered a report on the Draft NSW Long Term Transport Master Plan and recommended that Council’s submission to Transport for NSW (TfNSW) be lodged on 26 October 2012.  This submission was carried out accordingly.  This submission followed on from our previous one to TfNSW in accordance with the resolution of Council’s Policy Review Committee Meeting of 16 April 2012.

 

Current Situation

According to the NSW Long Term Transport Master Plan, the NSW Government has allocated $13.2 billion in funding for transport services and infrastructure in 2012/13 and more than $53 billion over the first four years of the Master Plan.  Over the 20-year life of the Master Plan, this level of funding would equate to approximately $260 billion for delivering transport services and infrastructure across the State.

 

The Master Plan is principally focused on the six key transport challenges that emerged from Government analysis and their engagement with transport customers.  These six challenges have been identified by reviewing the transport system from the perspective of the customer, and the multi-modal journeys made within and between places, which include:

 

·    integrating modes to meet customer needs

·    getting Sydney moving again

·    sustaining growth in the Greater Sydney region

·    providing essential access to regional NSW

·    supporting efficient and productive freight

·    statewide actions.

 

 

The Master Plan responds to these challenges through four types of action:

 

·    integration of transport services

·    modernisation of the system

·  growing networks to meet future demand (including the important tasks of corridor preservation)

·    maintaining important road and public transport assets.

 

The Master Plan includes 220 short-term (2012-16 years), medium-term (2017–22 years) and longer-term (2022-32 years) actions that are focused on Government commitment to transform our transport system over the next 20 years.

 

The Master Plan includes projects aimed at supporting a growing economy and population, connecting people to jobs and services and meeting increasing freight requirements.  A selected list of major projects, timelines and projected costs has been attached in Appendix 1.

 

The Master Plan has acknowledged the regional city of Parramatta and the river cities of Penrith and Liverpool.  The identified actions in the Master Plan in regard to Penrith include:

 

·    developing the Werrington Arterial in stages, with additional ramps onto the M4 motorway and connection to the Great Western Highway

·    design and development of the Nepean River Green Bridge between Penrith and Emu Plains

·    identification and alleviation of congestion pinch points on Mamre Road from St Marys to Kemps Creek; in addition Figure 5.2 of the Master Plan nominates Leonay Parade/Russell Street/M4 and The Northern Road/M4 interchanges as part of the pinch point management program

·    completing the Western Sydney Employment Area arterial road network including the Erskine Park Link Road and Southern Link Road

·    identification and improvement of the capacity and performance of strategic corridors into Penrith (Western Line, Blue Mountains Line and M4/Great Western Highway (A44) and planning for emerging corridors to Rouse Hill (via the North West Growth Centre)

·    preservation of major transport corridors across Sydney for future transport requirements, ie, Castlereagh Freeway, Bells Line of Road, Outer Sydney Orbital/M9 (Central Coast to Western Sydney to Wollongong) and Penrith to Prairiewood

·    bus priority investigation - Penrith to Rouse Hill via Marsden Park

·    working with Penrith City Council to improve park and ride policy to promote mode shift to public transport, improve local amenity and plan for future growth in the Penrith CBD

·    upgrading the Penrith bus and rail interchange to improve pedestrian amenity

·    design, development and construction of a cycleway from Penrith to Glenmore Park along Mulgoa Road;

·    improvement of connections between the Penrith City Centre and North Penrith development to reduce the barrier created by the rail station and stabling yards and encouraging residents to walk and cycle.

 

Council’s Submission to TfNSW

Council’s submissions to TfNSW flagged the importance of funding and, in particular, the need for open consideration of the role of Government in funding and initiating necessary and agreed long-term transport infrastructure.  In addition, the Council Transport Advocacy list was attached with the submission.  This list summarises transport projects and policy areas that have been identified as priorities for Penrith.  Table 1, below, provides the NSW Long Term Transport Master Plan’s indirect response to Council’s submission and recommended actions going forward.

 

Table 1

NSW Long Term Transport Master Plan’s Response to
Council’s Submission & Recommended Actions

 

Council’s Submission Issues

Master Plan Response

Recommended Actions

Penrith to Sydney CBD Express Rail Service, together with quadruplication of the main western rail line from St Marys to Penrith

Not directly addressed

Continue to advocate for the express rail service as part of the Metropolitan Plan and sub-regional plans

Reservation of Strategic Transport Corridors - connect the North West and South West Rail Links through the Western Sydney Employment Area (WSEA) and the Western Sydney Employment Lands Investigation Area (WSELIA)

19 major transport corridors across Sydney for the future have been identified, of which 2 corridors are within Penrith LGA. They are:

-     Castlereagh Freeway; and

-     Outer Sydney Orbital/M9 (including Werrington arterial) and

The Marsden Park to Mt Druitt to Western Sydney Employment Area to Fairfield and Leppington is just east of the Penrith LGA boundary.

The Master Plan has no timeframe for corridor delivery.

Council officers will continue to pursue the Outer Sydney Orbital corridor as a key stakeholder in the Department of Planning and Infrastructure (DoP&I) structure planning for WSELIA

 

North South Connectivity:

The final version of the NSW Long Term Transport Master Plan must include provision for north/south transport services and connectivity within the Penrith regional city area. A growing majority of transport journey demands within our region involve cross-regional travel, and not traditional radial based travel cantered on the Sydney CBD

 

The Master Plan has identified the north/south corridor, namely the Outer Sydney Orbital/M9

 

Council officers will continue to pursue the reservation of cross regional road, public transport and freight corridors as a key stakeholder in the Department of Planning and Infrastructure (DoP&I) structure planning for WSELIA

 

Werrington Arterial: WSEA and WSELIA Connectivity -Delivery of Stage 1 of the Werrington Arterial between M4 and the Great Western Highway (including ramps onto the M4)

The Master Plan proposes to develop the Werrington Arterial in stages, with additional ramps on to the M4 Motorway and connection to the Great Western Highway.

Continue to advocate for the early delivery of this project.

Council officers will continue to pursue the Outer Sydney Orbital corridor as a key stakeholder in the Department of Planning and Infrastructure (DoP&I) structure planning for WSELIA

Note:  Following Council’s submission to the REF for the Werrington Arterial Stage 1 the RMS is now undertaking the detailed design for this project.

Penrith Regional City Integrated Transport Strategy (PRCITS).

Not addressed

Continue to advocate for the delivery of the PRCITS as part of the Metropolitan Plan and sub-regional plans.

Reducing Car Dependency:  Commitment by the State Government to the delivery of frequent public transport is the primary requirement for reducing car dependency

The Master Plan has made a commitment to the delivery of frequent public transport

The Master Plan has not identified any frequent public transport services specifically for Penrith, however it has stated it will work towards NSW 2021 targets to grow western Sydney public transport.

Note:  NSW 2021 has identified 25% more public transport trips during peak hour by 2016.

Continue to advocate to the Minister for Transport for the delivery of high frequency public transport to meet the NSW 2021 targets.

 

Real Time Public Transport Signage:  The development of real time signage at all transport interchanges identifying when the next bus (and train) is departing would provide for a more seamless interchange between modes

Committed to provide accurate, real time and customised travel information. The Master Plan discusses the TXTBUS SMS service, and iPhone and Android smartphone apps, as possible means to delivering the proposal.

Council officers will continue to pursue the delivery of Real Time Public Transport Signage as part of proposed upgrades to the bus and rail interchange at Penrith Station.

Metropolitan Parking Policy:  The development of a Metropolitan Parking Policy with a focus on providing appropriate commuter parking and associated facilities.

No timeframe given, but acknowledgement that in the short-term, TfNSW will work with Parramatta, Penrith and Liverpool City Councils to improve local car parking policies to promote mode shift to public transport, improve local amenity and encourage more sustainable transport options.

Council staff will continue to advocate for the provision of appropriate commuter parking and associated facilities as a part of the working/ steering groups with TfNSW for the development of the Penrith Parking Framework

Disability Discrimination Act (DDA):  The State Government to undertake necessary infrastructure upgrades to meet their DDA obligations with public transport facilities

Acknowledges working towards building a fully accessible transport system for all users, including access to physical facilities and transport modes and to information services.

Continue to advocate for the State Government to meet its obligation for DDA compliance for public transport within the Penrith LGA.

Infrastructure Improvements of Arterial Routes:  Road infrastructure improvements along arterial routes through the City, including Jane Street Extension, Mulgoa Road, The Northern Road, Andrews Road, Dunheved Road Link Road and Christie Street

Not addressed

Continue to advocate for the inclusion of these projects as part of PRCITS.

Kingswood Railway Station:  Establish Kingswood Station as a primary stop on the western line to support the Nepean Hospital Precinct (similar to Westmead)

Not addressed

Continue to lobby for Kingswood Station as a primary stop on the western line in the development of the Penrith Health and Education Precinct.

Commitment to the Nepean River Green Bridge as a new active transport crossing of Nepean River

The Master Plan commits to build the Nepean River Green Bridge for pedestrians and cyclists.

The NSW Government has committed $20 million to the project.

Continue to advocate for the design of the Nepean River Green Bridge to be of a design which is iconic in nature, as well as an element that highlights the exceptional setting of the Nepean River landscape.

 

Conclusion

The NSW Long Term Transport Master Plan provides the vehicle for the integrated land use and transportation planning for the state and includes actions for road, rail, bus, ferries, light rail, cycling and walking.  In the Penrith LGA, the Master Plan has identified key projects including the Nepean River Green Bridge, Werrington Arterial Stage 1 and the Outer Sydney Orbital corridor along with many other projects and strategies listed in this report.  The delivery of these projects and strategies will improve the mobility of people within the Penrith LGA.

 

Council should continue to advocate for those transport projects and strategies outlined in Council’s submissions that have not been addressed by the Long Term Transport Master Plan in accordance with the recommended actions in this report.

 

 

 

 

 

 

RECOMMENDATION

That:

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

2.     Council continue to advocate for those transport projects and strategies outlined in Council’s submissions that have not been addressed by the Long Term Transport Master Plan in accordance with the recommended actions in this report.

 

ATTACHMENTS/APPENDICES

1. View

NSW Long Term Transport Master Plan - Project Timeline

1 Page

Appendix

  


Ordinary Meeting                                                                                       25 March 2013

Appendix 1 - NSW Long Term Transport Master Plan - Project Timeline

 

NSW Long Term Transport Master Plan – Project Timeline


Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

 

 

6

NSW Fire and Rescue Fire Safety Report   

 

Compiled by:               Colin Wood, Development Compliance Co-ordinator

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

Council is in receipt of reports from the Fire and Rescue NSW concerning fire safety issues at properties in the Penrith local government area.  The Brigade inspects sites as part of their duties either routinely or on request. The premises were inspected following a complaint received.  Details of the complainants were not provided.

 

The items reported by the Fire and Rescue NSW have been referred to Council for determination.  Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection of the Fire and Rescue NSW be tabled at a Council meeting.

 

Most of the issues raised by the Fire and Rescue NSW, at the properties, were of a minor nature and are being addressed by the owners of the premises. Some issues may take longer to resolve and may require fire safety orders.

 

This report recommends Council continue to monitor the premises as part of its Fire Safety Audit Program with a view to ensuring essential fire safety measures are being maintained in the buildings. It is also recommended that Council advise Fire and Rescue NSW of its decision.

Statutory Process

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act (the Act).  This report relates to such a circumstance where the Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, the Brigade can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

 

 

When a Council receives advice from the Fire and Rescue NSW that they have inspected a premises under Section 118L of the Act, Council must table any report and recommendations it receives to a meeting of the Council and determine whether or not it will exercise its powers under the Act to give an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of the New South Wales Fire Brigade.

 

Fire and Rescue NSW have advised that there is no explanation for the spike in complaints that they have lodged with Council.

 

The details of Fire and Rescue NSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

40-66 Lockwood Road, Erskine Park

Factory Unit

Owner: Kador Group Holdings Pty Ltd

Complaint to Fire and Rescue NSW concerning:

(a) The mimic panel has not been provided with a block plan identifying the location of the fire indicator panel;

(b) The hydrant block plan within the pump room is not accurate; and

(c) The fire control room is difficult to locate.

A Notice of Intention has been served on the owners to have the issues addressed.

21 – 23 Mamre Road, St Marys

Residential Flat Building

Owner: Mission Housing Australia

 

Complaint to Fire and Rescue NSW concerning:

(a) Items were being stored in common stairway;

(b) Signage is required at the hydrant booster;

(c) The isolation valve at the hydrant booster is to be secured in the open position;

(d) Rubbish and recycling bins were being stored in front of the hydrant;

(e) Identification signage is required for the hydrant booster and attack hydrant;

(f) Emergency lighting is to be reinstated in the common stairways; and

(g) A copy of the Annual Fire Safety Statement is to be displayed.

Items (a), (d) & (g) have already been rectified by the owners. A Notice of Intention has been served on the owners to have the remaining issues addressed. The building has been added to Council’s Fire Safety Audit Program.

269 – 271 Great Western Highway, St Marys

Residential Flat Building

Owner: Romano E Figli Pty Ltd

Complaint to Fire and Rescue NSW concerning missing and non-functioning smoke alarms

A Notice of Intention has been served on the owners to have the issue addressed. The building has been added to Council’s Fire Safety Audit Program.

62 Batt Street, Penrith

Bowling Alley

Owner: Sohan S Birring & Gurmail S Chauhan & Harjeet S Gill

Complaint to Fire and Rescue NSW concerning:

(a) A non compliant hydrant block plan;

(b)     Signage has not been provided for the hydrant booster;

(c) The main wheel valve to the hydrant booster has not secured in the open position;

(d)    The fire hose reel has not been tagged;

(e) The exit door from laser tag swings against the direction of egress; and

(f) The alarm block plan is non compliant

Items (a), (d) & (e) have already been rectified by the owners. A Notice of Intention has been served on the owners to have the remaining issues addressed.

Glenmore Park Town Centre, Glenmore Park

Shopping Centre

Owner: Village Fair Glenmore Park Pty Ltd

Complaint to Fire and Rescue NSW concerning:

(a) The provision of an up to date hydrant block plan;

(b) Ensuring all valves and fittings to the hydrant booster are oriented uniformly; and

(c) Other issues regarding testing and maintenance of the installed essential fire safety measures.

A Notice of Intention has been served on the owners to have the issues addressed.

Parker Street, Kingswood

Nepean Hospital

Complaint to Fire and Rescue NSW concerning locked doors within a path of travel to a required exit.

A site inspection revealed that the doors were unlocked. Hospital staff advised that some doors were locked whilst a ward was being refurbished.  No further action is required.

1-3 Putland Street, St Marys

Residential Flat Building

Owner: Strata Plan 85847

Complaint to Fire and Rescue NSW concerning:

(a) Signage is required for the hydrant booster;

(b) The isolation valve to the hydrant booster has not been secured in the open position; and

(c) Latching to the external gates within a path of travel requires key activation.

A Notice of Intention has been served on the owners to have the issue addressed. The building has been added to Council’s Fire Safety Audit Program.

Conclusion

All fire safety issues identified by the Fire and Rescue NSW and Council will need to be addressed by the owners of the premises. Council Officers will continue to monitor these properties as part of its Fire Safety Audit Program.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Fire and Rescue Fire Safety Report be received.

2.     Council continue to monitor all properties as part of its Fire Safety Audit Program.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

 

 

7

Delegation to Council of certain functions under the Plumbing & Drainage Act 2011   

 

Compiled by:               Colin Wood, Development Compliance Co-ordinator

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

On 9 November 2011 the Plumbing and Drainage Act 2011 was passed by the NSW Parliament creating a single scheme of regulation of on-site plumbing and drainage work in New South Wales.  This also established NSW Fair Trading as the plumbing regulator.

The legislation was implemented in stages.  The first stage commenced on 1 July 2012 with the adoption of the Plumbing Code of Australia as the new technical standard across all of New South Wales. The Department of Fair Trading also became the plumbing regulator in areas where Sydney Water Corporation, Hunter Water Corporation and other licensed utility operators acted under the Water Industry Competition Act 2006.  This includes Penrith.

Under the second stage of the reforms, Department of Fair Trading became the single regulator across NSW from 1 January 2013.  However, it was always the Department of Fair Trading’s intention to delegate certain functions back to local councils in order that they continue the important regulatory role in their local areas.

Council has always undertaken inspection of sewer drainage lines from dwellings to on-site sewer management (OSSM) systems (i.e. septic tanks).  The Department of Fair Trading now wants to extend this to include the sanitary plumbing and water service.  This will require additional resourcing from Council and it is not favoured.

This report recommends Council not accept the new delegation.

Background

On 9 November 2011 the Plumbing and Drainage Act 2011 was passed by NSW Parliament creating a single scheme of regulation of on−site plumbing and drainage work in New South Wales and established NSW Fair Trading as the New South Wales plumbing regulator.

These reforms were part of a state-wide initiative by the NSW Government to provide a more consistent and effective approach to standard setting, on-site regulation and licensing in NSW.

The legislation was implemented in stages with the first stage commencing on 1 July 2012 and adopting the Plumbing Code of Australia as the new technical standard across all of New South Wales. Department of Fair Trading became the plumbing regulator in areas that, immediately before commencement of the Act, were within the areas of operations of the Sydney Water Corporation, Hunter Water Corporation and other licensed utility operators under the Water Industry Competition Act 2006.  This includes Penrith.

With the commencement of the second stage of the reforms, Department of Fair Trading became the single regulator across NSW from 1 January 2013.  It is the Department of Fair Trading’s intention to delegate certain functions back to local councils and county councils in order that they continue the important regulatory role in their local areas.

Request from the Department of Fair Trading

On 7 January 2013 the Department of Fair Trading wrote to Council seeking its agreement to accept the role of plumbing regulator for those areas within the City that are beyond Sydney Water Corporation’s service limits.  The letter requested that Council complete and return the 'Instrument & Acknowledgement of Delegation' of the Council's acceptance by 24 January 2013 (refer Attachment No.1).

Due to the limited period provided for response and the general lack of detail regarding Council’s expected roles and responsibilities, correspondence was forwarded to Department of Fair Trading on 24 January 2013 advising that further time and clarification about issues was required to enable proper consideration of the matter and preparation of a report to Council (refer Attachment 2).

The following new procedures would result from these delegations:

(a)  Council will determine what inspections are needed to be carried out. Council Officers consider they will need to carry out the following additional inspections:

(i)   the sanitary plumbing (i.e. the drainage from the fixtures to the pipes in the ground).  This will occur at the final inspection stage of the building.  If Council is not the certifier, it will need to be an additional inspection.

(ii)  Council will need to complete an inspection of the hot and cold water supply.  This would normally be carried out at the frame inspection stage.  If Council is not the Certifier on these projects and the walls are lined without an inspection by Council, then Council would need to commence regulatory action.

(b)  Department of Fair Trading will continue to carry out inspections in areas that were previously inspected by Sydney Water.  Council will therefore only need to concern itself with areas that are not sewered or do not have a reticulated water supply.

(c)  As the plumbing regulator, Council would be expected to follow up on all compliance action.  This will be very time consuming.  Council will be able to issue penalty notices for non-compliances.

(d) Council will be able to set its own fees to carry out inspections.

 


Discussion

Section 21 of the Plumbing & Drainage Act allows the plumbing regulator to delegate any of the plumbing regulator's functions to a local council, or any other person the regulator considers has the necessary skills, knowledge or experience to exercise the function. A local council may, in turn, sub-delegate any of these functions to the General Manager or a person engaged by the Council as a contractor to exercise the function.

The Plumbing and Drainage Act applies to all plumbing and drainage work including hot and cold water supply, sanitary plumbing (stackwork), internal drainage and external drainage lines. 

The Plumbing and Drainage Act states the functions of the plumbing regulator are:

(a)  to monitoring compliance with the Act;

(b)  to ensure any plumbing and drainage work carried out does not threaten public health or safety; and

(c)  to carry out any other functions conferred or imposed on the plumbing regulator by the Act.

The delegation confers the regulatory function is to be exercised in accordance with the requirements of the Plumbing and Drainage Act, regulations and guidelines (if any) issued by the plumbing regulator. The Plumbing and Drainage Act does not specifically identify actions or tasks that are required to be carried out to fulfil those functions. At present, no guidelines have been issued although Department Fair Trading advised they will be working with councils to develop them in the future.

In relation to the specific actions required to be undertaken by the plumbing regulator, Council will need complete the following:

1.   Determine what inspections are required to be undertaken.  This will most likely include 2 additional inspections at the frame and final inspection stages.

2.   Keep records of documentations required to be submitted by the person undertaking the work.

3.   Take appropriate action in relation to defective work.

Notwithstanding this advice, delegating of the plumbing regulator functions to Council brings with it an implied duty of care.  While Department of Fair Trading advice it is up to the Council to determine what inspections it wishes to conduct, it is difficult to contend that the Council is fulfilling its functions to monitor compliance with the Plumbing and Drainage Act, and ensure that plumbing and drainage work does not threaten public health and safety, without conducting regular routine inspections of all relevant work.

Council officers have historically undertaken inspections of external drainage work associated with onsite sewerage management systems (i.e. septic systems) for many years as part of their responsibilities under Section 68 of the Local Government Act. However, Council has not conducted inspections of water supply work or internal drainage and sanitary plumbing.

While it is acknowledged that large parts of Penrith are connected to Sydney Water Corporation reticulated water or sewerage services, there are outlying areas that are not serviced.

Any responsibility imposed on the Council to undertake additional inspections of plumbing and drainage work, in addition to the external drainage lines associated with on-site sewerage management systems introduces both capacity and capability issues for the Council.  In the absence of further guidance from Department of Fair Trading regarding the Council’s responsibilities under the Plumbing and Drainage Act, it is difficult to accurately quantify the impacts in terms of staff resources. 

Council generally receives approximately 140 onsite system of sewage management (OSSM) per annum. Assuming we have to complete 2 additional inspections and them compliance action on approximately 30% of these for non-compliance, it is unlikely Council could accommodate the additional workload with existing staff.  Furthermore, existing Council staff do not have the necessary skills and expertise to undertake the full range of those inspections and additional training is required to fulfil the delegated authority. 

The Plumbing and Drainage Act imposes obligations on the person undertaking plumbing and drainage work to provide certain documentation to the plumbing regulator during the course of that work, in particular:

1.   Notification of proposed work prior to commencement;

2.   Notification of when the work is ready for inspection prior to covering;

3.   Certificates of compliance upon completion of work; and

4.   A plan of work undertaken on a sanitary drainage system.

The Plumbing and Drainage Act provides for Penalty Notices (PNs) to be issued for certain breaches of the Act and Regulations, including failure to give prior notification of work, failure to call for inspections etc.  The Department of Fair Trading have confirmed these powers will be delegated to Council.  Based on Council’s current compliance actions, this will be a time consuming process.

The Regulations set out the schedule of fees payable for any inspection services performed by the plumbing regulator including:

·    Inspection of general plumbing and drainage work (up to 2 inspections)       $185

·    Additional inspections                                                                                     $98

The Department of Fair Trading have indicated Council would be able to set its own fees under Schedule 1 of the regulations.  However, there are no provisions that would enable a Council to recover its costs in administering and/or enforcing the Plumbing and Drainage Act (e.g. receiving and maintaining documentation, pursuing non-compliances etc). This will be a significant impost to Council and is not recommended.

Conclusion

Delegating the functions of plumbing regulator to the Council has implications for the Council that it presently has neither the capacity nor the capability to resource.  The proposal will impose further regular burden and costs on the Council that are unlikely to be able to be recovered from fees and charges and represents a further example of cost shifting onto local councils by Federal and State Governments.

Accordingly, it is recommended that the Council reply to the Commissioner of Fair Trading declining the request to accept delegation of the functions of plumbing regulator for those plumbing and drainage works within the City that are outside Sydney Water Corporation’s service limits.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Delegation to Council of certain functions under the Plumbing & Drainage Act 2012 be received.

2.     Council write to the Commissioner of Fair Trading declining the request to accept delegation of the functions of plumbing regulator.

3.     Council make representations to Local Members expressing its concern for this shifting of regulatory responsibility to Local Government for the reasons outlined in this report.

 

ATTACHMENTS/APPENDICES

1. View

Correspondence from Department of Fair Trading

8 Pages

Appendix

2. View

Council’s letter to Department of Fair Trading

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                25 March 2013

Appendix 1 - Correspondence from Department of Fair Trading

 









Ordinary Meeting                                                                                                                25 March 2013

Appendix 2 – Council’s letter to Department of Fair Trading

 



Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

 

 

8

Development Application DA12/0892 for a Detached Dual Occupancy at Lot 40 DP 260331, (No. 29) Newtimber Circuit, St Clair  Applicant:  Fareen N Khan;  Owner:  Fareen N Khan    

 

Compiled by:               Tania  Shephard, Consultant Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

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

Strategic Response

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

      

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

 

Executive Summary

Council is in receipt of a development application for the construction of a detached dual occupancy at the corner of Newtimber Circuit and Underwood Road, St Clair.  The proposal involves alterations to an existing dwelling, which fronts Newtimber Circuit, and the construction of a new dwelling fronting Underwood Road.  The alterations to the existing dwelling include partial demolition at the rear of the dwelling, internal alterations and additions at the front and rear.

 

The application seeks to vary the development standard of 6 metres for a rear setback as required by Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).  The rear boundary setback for the new dwelling (as measured from the southern boundary) is 1 metre.  The application is supported by an objection under State Environmental Planning Policy No. 1 (SEPP 1) to the development standard. 

 

In accordance with the reporting procedures required by the Department of Planning, the matter is forwarded to Council for determination.  The report recommends that the SEPP 1 objection be supported and the development application be approved.

Background

A pre-lodgement meeting was held prior to the lodgement of the DA.  The proposal has been modified to respond to concerns raised by Council Officers at this pre-lodgement meeting.  The development was originally proposed as a conventional two storey dwelling and the design has now been modified to a single storey dwelling with an attic. This has had the effect of reducing external wall heights and ensuring the development is consistent with the nominated building envelope.

 

Site and Surrounds

The site is situated on the corner of Newtimber Circuit and Underwood Road, St Clair.  The site has a 23.415 metre frontage to Newtimber Circuit and a 30 metre frontage to Underwood Road, with a splay corner at the intersection of these frontages.  The site has a total area of 791m2.

 

The site presently contains a single detached dwelling of brick construction.  No outbuildings are located on site.  Development in the area is predominantly low density residential consisting of a combination of single and two-storey dwellings.

 

The site falls towards Newtimber Circuit at the north of the site.  A low level sandstone retaining wall is located along the boundary at the front corner of the site.  This retaining wall is proposed to be retained as part of the development.

 

Traditional garden plantings are provided at the front of the site, however, the site contains no significant vegetation.  The rear of the site is grassed with no additional plantings.  Street trees are located along both street frontages with the proposed driveway for the new dwelling being located between two street trees on Underwood Road.

 

See Locality Plan at outlined in Attachment 1.

 

The Proposed Development

The proposed development includes:

 

·    Alterations to the existing dwelling fronting Newtimber Circuit. The alterations to the existing dwelling include partial demolition at the rear of the dwelling, internal alterations and additions at the front and rear.  Upon completion of these alterations, the existing dwelling will contain four bedrooms and a single garage. This dwelling is known as Unit 1;

·    The existing dwelling will continue to have driveway access off Newtimber Circuit;

·    The construction of a new three bedroom dwelling fronting Underwood Road. This new dwelling is a single storey dwelling with an attic and includes three bedrooms, two bathrooms and a family room located upstairs. A double garage is provided within this dwelling.  This dwelling is known as Unit 2;

·    Both dwellings are provided with the opportunity for stacked car parking in the driveways;

·    The existing dwelling will be set back approximately 1.5 metres from the western boundary of the site;

·    The new dwelling will be set back 1 metre from the southern boundary of the site and 5.756m from the western boundary of the site;

·    The existing dwelling will be provided with private open space facing Underwood Road.

 

Attachment 2 of this report provides details of the floor plans, elevations, landscape and site plan submitted with the application.

 

The Development Application has been accompanied by the following related documents:

 

·    Architectural Plans – Building Design and Collaborate

·    Landscape Plan – Conzept Landscape Architects

·    Stormwater Drainage Details – Building Design and Collaborate

·    Statement of Environmental Effects

·    Waste Management Plan

·    BASIX Certificate

·    Schedule of External Finishes

 

Planning Assessment

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

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

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (SREP 20)

The development has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20.  The development provides for stormwater to be disposed of via Council’s existing stormwater system.  Conditions of development consent can ensure that appropriate soil erosion and sediment control measures are provided during construction of the development.  The proposal satisfies the considerations under SREP 20.

 

Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998)

The site is zoned Residential 2(b) – Low Density under the provisions of LEP 1998.  Dual occupancy development is permissible in this zone with development consent.  The relevant sections of LEP 1998 are discussed in turn below.

 

 

Standard

Proposed

Compliance

Clause 11

Minimum allotment size

750m2 for a detached dual occupancy

791m2

Yes

Clause 12(3)

Building envelope

1.8 metres at side boundary with 450 angle inwards

The building slightly encroaches beyond the nominated building envelope.

  

No.  See comment below.

Clause 12(3)

Maximum external wall height

6.5 metres

3.5 metres

Yes

 

Clause 12(3)

Landscaping

50%

50%

Yes.  Plans provided with the application indicate 56%.  Assessment calculations reveal that the proposal provides 50%.

Clause 12(4)

Rear setback

6 metres (for a two storey or “attic style” development)

1 metre

No.  SEPP 1 application submitted.  See comment under the heading of SEPP 1 below.

 

Building envelope

Proposed Unit 2 encroaches slightly beyond the nominated building envelope with a small portion of the walls (approximately 0.25 metres at the southern boundary) and roof space provided outside the envelope.  Clause 12(6) allows for such a variation as follows:

 

Despite any other provisions of this clause, the council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of the council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building.

 

The applicant argues that, given the minor nature of encroachment, the development does not adversely impact on neighbouring properties and maintains appropriate separation between dwellings.  The application notes that the proposed variation allows for a good design outcome to be achieved. 

 

The design of the building will make a positive contribution to the character of the streetscape whilst providing good utility, and thereby amenity, for future residents.  The proposed variation is minor in nature, with the encroachment of eaves beyond the building envelope provided for in DCP 2006.  For these reasons, the proposed variation to the nominated building envelope is supported.

Clause 13 - Provisions for environmental performance in development generally

Clause 13 of LEP 1998 makes provision for environmental performance, with controls for dual occupancy development relating to environmental noise and stormwater.  The development satisfies the requirements of this clause.

Clause 14 - Provision for design principles in development generally

Clause 14 of LEP 1998 provides design principles that Council must consider in its assessment of a development application.  These are as follows:

(a)      reinforcement and protection of local topography and setting,

(b)     reflection of the forms, features or qualities of traditional residential neighbourhoods across Penrith local government area,

(c)     consistency or compatibility with the scale, design and amenity of neighbouring development,

(d)      contribution to attractive streetscapes through the diversity of building forms and landscaped areas that can be seen from any public place nearby,

(e)     provision for contemporary standards of amenity within each dwelling and the associated private open space,

(f)      preservation and enhancement of any significant vista that currently might be available from a public place nearby.

 

The application satisfies these considerations. 

State Environmental Planning Policy No.1 - Development Standards (SEPP 1)

The applicant seeks a variation to the minimum rear boundary setback of 6 metres under Clause 12(4) of LEP 1998. The development proposes a one (1) metre rear boundary setback to the southern boundary.  Council’s requirement relating to the minimum rear boundary setback is a development standard and Council is therefore only able to consider a request to vary the standard under the provisions of SEPP 1.

SEPP 1 aims to allow flexibility in the application of development standards where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary.  The NSW Department of Infrastructure and Planning provides Council with a guide to assessing applications under SEPP 1 with reference given to the principles established by the NSW Land and Environment Court.  This application has been assessed with regard to these principles.

This application has been accompanied by an objection to the development standard under SEPP 1.  The objection provides the following arguments in support of the variation:

 

·        The development satisfies the objectives of the standard.  The objectives, as outlined

under Clause 12(1) of LEP 1998, are:

 

(a)     To ensure a site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk; and

(b)     To minimise the impact of loss of privacy, overshadowing and loss of views; and

(c)     To achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear fence lines; and

(d)     To protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.

 

·        The rear boundary setback is to be used for the purposes of landscaped area only (as defined under LEP 1998).  There is presently limited continuity of landscaped areas along the rear boundaries of nearby properties.  (This is confirmed with aerial photography which reveals a number of outbuildings, swimming pools and paved areas in rear boundary setbacks.) 

 

·        The development provides a 5.755 metre setback to the western boundary.  This setback area is to be used for the purposes of landscaped area as defined under LEP 1998.  The provision of this increased setback to the western provides an opportunity for appropriate landscaping and increased separation between dwellings.

 

·        The design of the development, being two separate dwellings with individual street frontages, provides a positive contribution to the streetscape.  Appropriate separation between buildings is maintained with no adverse privacy or overshadowing impacts resulting from the development.

 

·        Strict compliance with the standard would result in a 6 metre separation between the new dwelling and the neighbouring property when viewed from Underwood Road.  This would be inconsistent with the nature of the existing streetscape.

 

Whilst defined as the rear setback for the purposes of LEP 1998, the southern boundary presents as a side setback when viewed from Underwood Road.  The proposed setback is consistent with other side boundary setbacks in the street.  The development provides for appropriate separation between buildings and privacy for existing buildings is maintained.  The provision of a 5.755 metre setback to the western boundary ensures that the development provides an appropriate area, at the rear of Unit 2 that will be used for landscape purposes.  For these reasons, the development satisfies the objectives of the standard as outlined under Clause 12(1).

 

The arguments provided by the applicant are accepted and the SEPP 1 objection has demonstrated that full compliance with the minimum rear boundary setback requirement is unreasonable and unnecessary in the circumstances of this case. 

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

Penrith Development Control Plan 2006

Penrith Development Control Plan (DCP) 2006 Part 4 Section 4.3 – Dual Occupancy is applicable to the site.  A checklist of compliance is provided as Attachment 3 to this report.  The following matters are noted for discussion.

 

Rear Setbacks and Building Envelope

The requirements for rear boundary setbacks and building envelopes contained in DCP 2006 are consistent with those contained in LEP 1998.  Commentary on these areas of non-compliance has been provided previously in this report.

 

Courtyard Fencing and Corner Sites & Frontages

The development is located on a corner site.  DCP 2006 provides controls relating to corner sites and frontages.  The development complies with these controls in that both Units have separate street frontage and are designed as two distinct buildings. 

 

No objection is raised to the location of courtyard fencing on the Underwood Road boundary.  This is consistent with the location of fencing on other corner sites in the area.  The fencing proposed is of a higher standard than that provided for other corner sites in the area.  A condition of development consent is recommended ensuring that courtyard fencing is 1.5 metres in height (to maintain privacy for residents), of brick construction (to match or complement the dwelling) with decorative aluminium infill panels.  It will also require that courtyard fencing not extend beyond the front building line of the dwelling.

 

Storage

DCP 2006 requires that at least 10m3 of storage for household items be provided within each dwelling.  For Unit 2, this is available in the garage given that it exceeds Council’s requirements for car parking.  For Unit1 (existing dwelling), no storage space has been nominated.  Given the nature of alterations proposed, it is feasible for the development to accommodate this requirement by the addition of internal storage cupboards or an addition to the proposed laundry at the rear.  A condition of consent will be imposed in this regard.

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

Built and Natural Environment

The development has given consideration to the streetscape in Newtimber Circuit with an upgrade to the front elevation of the existing dwelling and the continuance of existing setbacks in the street.  The development provides for appropriate separation between dwellings and does not detract from the amenity of neighbouring properties.  The provision of quality complementary landscaping will serve to enhance the development and the overall built and natural environment in the locality.

 

The development satisfies Council requirements for the provision of car parking and traffic generated by the development can be accommodated by the capacity of the road system in the locality.  The development satisfies energy efficiency controls.

 

Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures, will ensure that the development does not have an adverse impact on the natural environment. 

 

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

In view of the assessment, Council can be satisfied that the site is suitable for the proposed development.

 

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

Referrals

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

Referral Body

Comments Received

Building Surveyor

No objections subject to the imposition of standard conditions.

Development Engineer

No objections.

 

Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, the proposed development was advertised in the local newspaper and notified to nearby and adjoining residents and occupiers.

The application was placed on public exhibition between 26 October 2012 and 9 November 2012. Council notified twelve (12) residences in the area and received no submissions in response.

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

The proposal provides a development that is compatible with the existing streetscape, with no adverse impacts on the amenity of the area.  Whilst the application seeks to vary the minimum development standard for a rear boundary setback, it has been demonstrated that this requirement is unreasonable and unnecessary in the circumstances of the case.  The development will provide for additional housing in the area and is in the public interest.

 

Section 94 Contributions

The following Section 94 Contribution Plans apply to the proposal and the calculations are below:

 

·        Penrith City Council Development Contributions Plan Cultural Facilities

·        Penrith City District Open Space Facilities Development Contributions Plan

·        Penrith City Council Section 94 Plan Footpath Construction in the Established Residential Areas of the City

·        Penrith City Local Open Space Development Contributions Plan

 

S.94 Contribution Plan

Contribution Rate (per person) x Calculation rate

Total

Cultural Facilities

3 x $124

$372

District Open Space

3.1 x $1,740

$5,393

Footpaths

3 x $81

$243

Local Open Space

3.1 x $629

$1,949

 

Net Total

$7,957.00

 

Conclusion

The proposed development has been designed with regard to individual street frontages and provides a positive contribution to the existing streetscape in both Newtimber Circuit and Underwood Road.  The development satisfies the provisions of the relevant planning documents, with appropriate justification being provided for departures from the building envelope and rear setback requirements.  With regard to the rear boundary setback, the objection to the development standard under SEPP 1 has demonstrated that compliance with the standard is unreasonable and unnecessary in the circumstances of the case. 

 

The development provides for additional variety in housing choice in the locality and no adverse impacts will arise from the development.  No submissions were received in response to the community consultation and it has been demonstrated that the site is suitable for the proposed development. 

 

In light of these facts, it is recommended that the SEPP 1 objection be supported and that the development application be approved subject to the attached conditions.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA12/0892 for a Detached Dual Occupancy at Lot 40 DP 260331, (No. 29) Newtimber Circuit, St Clair be received.

2.     The submitted objection to the development standard under SEPP 1 be supported.

3.     Development Application No 12/0892 for alterations and additions to an existing dwelling , and the construction of a new dwelling to create a dual occupancy, be approved subject to the following conditions:

Standard Conditions

3.1     A001 – Approved plans that are architecturally drawn

A008 – Works to BCA requirements

A009 – Residential Construction Works

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

B002 - Demolition and disposal to approved landfill site

B003 - Asbestos

B004 - Dust

B005 - Mud/Soil

B006 - Hours of work

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – smoke alarms

G003 - Section 73 Certificate

G004- Integral Energy

H001 – Stamped plans and erection of site notice

H002 - All forms of construction

H004 – Hours of work

H011- Engineering plans & specifications

H022 - Survey

K016 - Stormwater

L001 – General landscaping

L002 - Landscape construction

L003 - Report requirement

L005 - Planting of plant material

L006 - AS requirements

L007 - Tree protection measures

L008 – Tree preservation order

N003 - Section 94 contribution (Cultural Facilities)

N004 - Section 94 contribution (District Open Space)

N005 - Section 94 contribution (Footpaths)

N006 - Section 94 contribution (Local Open Space)

Q001F – Notice of Commencement & Appointment of PCA

Special Conditions

a.   Courtyard fencing for Unit 1 is to be 1.5 metres high and of brick construction (to match or complement the dwelling) with decorative aluminium infill panels.  The location of this courtyard fencing is not to extend beyond the front building line of the dwelling.

b.   The downstairs toilet for Unit 2 is to be provided with a sliding door to allow for increased circulation space.

c.   An additional storage area is to be provided within Unit1, a minimum of 10m3, as per the requirements of Penrith City Council Development Control Plan 2006.  Details are to be shown on plans provided with the Construction Certificate application.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Floor Plans, Elevations, Landscape & Site Plan

9 Pages

Appendix

3. View

DCP 2006 Checklist

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                25 March 2013

Appendix 1 - Locality Plan

 

                                                              

 

 

 

Map Scale: 1:2,275

 


Ordinary Meeting                                                                                                                25 March 2013

Appendix 2 - Floor Plans, Elevations, Landscape & Site Plan

 










Ordinary Meeting                                                                                       25 March 2013

Appendix 3 - DCP 2006 Checklist

 

Compliance checklist: Chapter 4.3 (Dual Occupancy) of DCP 2006

 

 3

Major Constraints to Development

What are the constraints relevant to the development?

 

There are no major constraints relevant to the development.

4

Residential Character

 

 

Item

Complies? / Comments

4.4

Does the development adopt elements of the preferred configuration for dual occupancy developments?

Yes. Dwellings address separate street frontages and are designed as two distinct buildings.

 

 

5

How much floor space is appropriate to your site?

 

 

Item

Required

Complies?

5.2

Urban Form

Dwellings to be oriented to the street, individual architectural appearance, gardens to the rear, well articulated.

Yes.

5.3

Front and rear setbacks

Minimum 5.5m front and 6.0m rear setbacks required.

Front setbacks comply.   Non-compliance with rear boundary setback.  See commentary provided in the report concerning the application to vary this standard under SEPP1.

5.4

Driveways and Parking

Minimum 2 spaces per dwelling

Yes. Single garage and stacked space provided for Unit 1.  Double garage and stacked spaces provided for Unit2.

5.5

Landscaped Area

50% of site area required for landscaping.

Yes.  50% provided.

5.6

Building Envelope and side setbacks

As per LEP 1998.

Minor encroachment.  See commentary provided under Clause 12 of LEP 1998.

5.7

Solar planning

Specified hours of sunlight to be provided to the dwellings and open spaces, including adjoining.   Energy efficiency standards to be met.

Yes.  Required BASIX certificate provided.  Solar access acceptable within the development.  Satisfies requirements for impacts on adjoining properties.

6

Urban Design

 

Item

Required

Complies ?

6.1

Significant townscapes and landscapes

Not applicable.

Not applicable.

6.2

Corner Sites and park Frontages

Various standards are applicable regarding setbacks, appearance and garden design.

Yes.  Private open space for Unit 1 provided in secondary street setback.  See commentary provided in the report.

6.3

Building design

Various architectural features are required to be incorporated

Yes

6.4

Energy Efficiency

BASIX Certificate required.   (Not required for Unit 1 given the estimated cost of works proposed.)

Yes

6.5

Design of dwellings and private courtyards

Minimum area and dimensions required.  Direct access required to the street via garage or courtyard

Yes

6.6

Garage design

Design and location standards are required 

Yes

6.7

Garden Design

Design standards are required

Yes.  Satisfactory landscape plan has been submitted.

6.8

Paving design

Design standards are required

Yes.

6.9

Fences and retaining walls

Compatibility and height controls required

Yes.  Private courtyard fencing provided in the secondary setback for Unit1.  See commentary provided in the report.

6.10

Visual and acoustic privacy

Various privacy and noise controls required.

Yes.

 

6.11

Safety and security

A high level of passive security to be incorporated in the design.

Yes

6.12

Accessibility and Adaptability

Design to enable access by persons with impaired sight or partial mobility.

Unit 2 – generally yes, although it will be conditioned to provide a sliding door to the downstairs toilet for greater circulation space.  The bathrooms and hallways of Unit 1 are existing and therefore considered acceptable.

6.13

Storage and Services

Design to provide for waste and private storage space.

10m3 storage required per dwelling.

Unit 2 – yes.  Given the nature of proposed alterations, Unit 1 can be conditioned to satisfy this requirement.   See commentary provided in the report.

 

 

 

 

 

 


Ordinary Meeting                                                                                                 25 March 2013

A City of Opportunities

 

 

9

Section 96 Application DA12/0656.01 for an Industrial Development with Two Warehouses at Lot 1 DP 1087962, (No. 198-204) Andrews Road, Penrith  Applicant:  Stimson Consultant Services Pty Ltd;  Owner:  Ostaday Pty Ltd    

 

Compiled by:               Mahbub Alam, Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

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

Strategic Response

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

      

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

 

Executive Summary

On 24 August 2004 Council approved DA04/0773 for the subdivision of industrial land which created this lot.  As part of this approval there was a requirement to register restrictions on the use of the site under Section 88B of the Conveyancing Act 1919.  There are a number of restrictions to the use of the land. One of the restrictions as to user relates to creation of a Flood Conveyance Setback Area.  The Flood Conveyance Setback Area means that no buildings or fencing can be located along the first 22m of the eastern side of this property. 

The lots have since been registered.  On 29 October 2012 Council under delegated authority approved DA 12/0656 for the construction of an industrial building with scope for one large or two smaller tenancies for use as warehousing, parking spaces and associated landscaping subject to conditions. Condition 11 of this consent requires that all fencing be installed in accordance with the restrictions under Section 88B Restriction of the Conveyancing Act 1919 over the lot. 

This application seeks to amend the plans and Condition No.11 of DA12/0656 to permit a fence, and requests Council to amend the title restriction.  This application is reported to Council as the proposed location of fencing for the proposal requires a restriction on the title to be varied.

Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction. The applicant has requested that the Section 88B restriction be varied, and proposes a security fence (Palisade Open Style) surrounding the site.  The application is supported by a Flood Impact Assessment which demonstrates that open style fencing is acceptable within the Flood Conveyance Setback Area.

Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), an assessment of the subject application has been undertaken. Having regard to the matters discussed in this report, the application is recommended for approval, subject to the modification of conditions and variation of the restriction as it applies to the subject lot.

Background

The subject property was created via an industrial subdivision approved by Council on 24 August 2004 via DA04/0773. The subdivision was registered on 6 January 2006 via DP 1087962 and includes a Section 88B Restriction pursuant to the Conveyancing Act 1919. One of the restrictions relates to, a ‘Flood Conveyance Setback’ located to the eastern side of the property.  The restriction states that“no building structures or fences nor placement of fill nor planting of trees nor alteration of the final overland flow path shape is allowed.”

On 29 October 2012 Council under delegated authority approved DA 12/0656 for the construction of two warehouse units.  As part of that approval, the restriction under Section 88B of the Conveyancing Act 1919 was reinforced by way of condition. Condition 11 of this approval requires the fencing to be setback 22m from the front property boundary. 

The restriction and condition effectively meant that no fences were considered in the Flood Conveyance Setback area as nominated on the Deposited Plan.  See Appendix 1 for a copy of the Deposited Plan and refer to notation R2 which shows the Flood Conveyance Setback Area. 

The approved development comprises various works associated with the industrial building in terms of site works, landscaping and stormwater management across the site. At the time assessment of the original application was being finalised a prospective tenant for the entire site was identified and their use of the site endorsed in the development consent. However, the proposed fencing details were not shown on the architectural or landscaping plans. The applicant has later identified that the new tenant’s requirements are for a site secured including by way of fencing which is contrary to the restriction and the condition imposed.

Site and Surrounds

The subject site is situated on the south-western corner of the intersection of Lambridge Place and Andrews Road. Vehicular access is provided from Lambridge Place. The site is some 5,964sqm in area and is relatively flat. The site is currently vacant with no structures present.

The site is rectangular shaped and has a total area of 5,963m2. The site is free of any vegetation and is generally flat.

The surrounding area is characterised by a range of heavy and light industrial land uses to the south, east and west with the future “Waterside Corporate” development to the north opposite the site on Andrews Road.

A locality plan is included in Appendix 2.

The Proposed Modification

The specific requirement of the prospective tenant is for a secure site.  This application seeks to amend the plans and Condition No.11 of DA12/0656 to permit a fence, and requests Council to amend the title restriction as outlined below:

·   Amendment to the 88B Restriction on Lot 1 DP 1087962 to read as follows:

“No building structures or fences nor placement of fill nor planting of trees nor alteration of the final overland flow path shape is allowed in the Flood Conveyance Setback area as indicated R2 on the plan” “No building structures or solid-type fences nor placement of fill nor planting nor alteration of the final overland flow path shape is allowed in the “Flood Conveyance Setback Area” as indicated R2 on the Plan.

Any proposed fencing shall be of “Open-Style type” and a flood impact assessment report shall be submitted to Penrith City Council for review and approval of the fencing proposed”.

·   Modify Consent Condition No.11 as follows:

Consent Condition No. 11: According to 88B restrictions, no building structures nor fences nor placement of fill nor planting of trees nor alteration of the final overland flow path shape is allowed in the "Flood Conveyance Setback Area" as indicated R2 on the Deposited Plan No. 1087962.  According to 88B restrictions, No building structures or solid-type fences nor placement of fill nor planting nor alteration of the final overland flow path shape is allowed in the “Flood Conveyance Setback Area” as indicated R2 on the Plan.

The proposed fencing shall be of “Open-Style type” and compatible with recommendations of the “Flood Impact Assessment Report” prepared by Barker Ryan Stewart dated December 2011.

 

Planning Assessment

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

1.  Section 96 – Environmental Planning & Assessment Act, 1979 (as amended)

Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (the Act), Council may modify a development consent subject to the following:

(a)  The proposed modifications are of minimal environmental impact.

The proposed minor amendments to the proposal will not result in any negative environmental impact. The accompanying Flood Impact Assessment Report confirms there will be no impact on the flooding characteristics of the site. Council’s Development Engineers raised no objection to this aspect of the proposal. 

(b)  The modified development is substantially the same development as was previously approved.

The development would be substantially the same. The scale and intensity of the development will continue to be consistent with what was described and approved in the original application.

 

(c)  The application has been notified where required.

In accordance with Appendix F4 Notification and Advertising of the Penrith Development Control Plan 2010, the application was not required to be advertised and/or notified. The proposed modification to the development consent is not likely to significantly affect any public interest considerations.

(d)  Any submissions received from the notification process have been considered.

Not applicable.

(e)  Subsection  (3) - In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C(1) as are of relevance to the development the subject of the application.

An assessment under Section 79C(1) of EP&A Act has been undertaken for the proposed modification and is addressed under the following headings.

Each of the relevant criteria under Section 96(1A) of the Act has therefore been satisfied. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved.

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

Penrith Local Environmental Plan 2010 (LEP 2010)

Zone Objectives

The subject site is zoned IN1 General Industrial under Penrith LEP 2010. The proposed amendment is consistent with the aims and objectives of the LEP and the IN1 zone.

Clause 6.3 – Flood Planning

The applicant has submitted a “Flood Impact Assessment Report” prepared by Barker Ryan Stewart. The report has recommended that open style palisade fencing can be erected within the Flood Conveyance Setback Area.

The proposed building is clear of the floodway and it is considered that the proposed modification (proposed fencing) will not have any significant impact on flood levels to adjoining properties, the existing road network, the behaviour of floodwaters within the Nepean River Floodplain or the localised flooding in the vicinity of the site.

Council’s Development Engineer has reviewed the proposed modification with regard to its impact on flood waters to adjoining property as well as its impact on adjoining land not affected by flooding. No objections are raised and the proposed modification is supported subject to amending the condition and variation to permit open style fencing only.

3.  Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

There are no draft environmental planning instruments applicable to the subject modifications.

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

Penrith Development Control Plan 2010 (DCP 2010)

Section C1.3 Fences in Industrial Zones

The following table outlines the fencing requirements for industrial development:

Requirement

Control

Proposal

Compliance

Location

Behind landscaped setback not along front property boundary

Boundary

No (see below discussion)

Maximum Height

2.1 meters

2.1

Yes

Colour

dark grey or black, or

complement the adjacent fencing type

Black

Yes

Design

decorative fencing that has an open style appearance

Palisade open style

Yes

The proposed location of the fence on the property boundaries is contrary to the DCP requirement. The DCP does not permit boundary fencing on sites fronting or facing major roads such as Andrews Road which is specifically nominated. Nor does it permit boundary fencing on the collector road of an industrial precinct such as Lambridge Place.

This corner site is a gateway location and its presentation from both Andrews Road and Lambridge Place will be enhanced by having the fencing behind the landscaped area. This will also be more compatible with, and provide a softer transition to, existing sites to the south on Lambridge Place which have no fencing. It is therefore recommended that Condition No.11 be amended to require this in addition to permitting open style fencing in the Flood Conveyance Setback Area.

5.  Section 79C(1)(a)(iv) – The Regulations

Not relevant with the proposed modifications.

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

The proposed modification (erecting fence on flood conveyance setback area) will not have any significant impact on flood levels on adjoining properties, the existing road network or have any significant impact on the behaviour of floodwaters within the Nepean River Floodplain or the localised flooding in the vicinity of the site.

The modifications as proposed are considered to be minor in nature and will result in essentially the same development as originally approved on the site. The proposed modifications are not expected to generate any additional amenity impacts in comparison to the original approval.

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

In view of the above assessment, it is considered that the site is suitable for the proposed modifications subject to conditions as recommended to be modified.

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

In accordance with Appendix F4 Notification and Advertising of the Penrith Development Control Plan 2010, the application was not required to be advertised and/or notified.

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

The development as modified is consistent with the objects of the Environmental Planning and Assessment Act, 1979 insofar as it promotes the co-ordinated and orderly, and economic use and development of the land.  The above assessment has found that the proposal complies with the aims and objectives and standards of LEP 2010 and will meet DCP2010 subject to a recommended modified Condition No.11  The proposed development as modified is therefore consistent with the public interest.

 

Conclusion

The proposed modification to the development consent has been assessed against the relevant heads of consideration contained in Section 96(1A) and 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved. The proposal with fencing located behind the landscaped setback will meet the security needs of the tenant, maintain a high standard of visual presentation and maintain a satisfactory overland flow path. The proposed modification to the development consent is therefore worthy of Council’s support.

 

 

 

RECOMMENDATION

That:

1.   The information contained in the report on the Section 96 Application DA12/0656.01 for an Industrial Development with Two Warehouses at Lot 1 DP 1087962, (No. 198-204) Andrews Road, Penrith be received.

2.   DA12/0656.01 be approved in part with modifications to Consent Condition No. 11 to read as follows:

“According to 88B restrictions, No building structures or solid-type fences nor placement of fill nor planting nor alteration of the final overland flow path shape is allowed in the “Flood Conveyance Setback Area” as indicated R2 on the Plan.

Any  fencing shall be of “Open-Style type” compatible with recommendation of the “Flood Impact Assessment Report” prepared by Barker Ryan Stewart dated December 2011 and is to be located behind the 4m landscaped setback.”

3.   The terms of clause (Part 2) of the restriction referred to in the 88B Instrument attached to Lot 1, DP 1087962, be varied to read as follows as it applies to Lot 1 only:

 “No building structures or solid-type fences nor placement of fill nor planting nor alteration of the final overland flow path shape is allowed in the “Flood Conveyance Setback Area” as indicated R2 on the Plan.

Any proposed fencing shall be of “Open-Style type” and a flood impact assessment report shall be submitted to Penrith City Council for review and approval of the fencing proposed”.

 

4.   The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the Section 88B Restriction of the Conveyancing Act 1919.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1. View

Deposited Plan

2 Page

Appendix

2. View

Locality Plan

1 Page

Appendix

3. View

Site Plan, Floor Plan & Elevation

1 Page

Appendix

  


Ordinary Meeting                                                                                                                25 March 2013

Appendix 1 - Deposited Plan

 



Ordinary Meeting                                                                                                                25 March 2013

Appendix 2 - Locality Plan

 


Ordinary Meeting                                                                                                                25 March 2013

Appendix 3 - Site Plan, Floor Plan & Elevation

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


A Green City

 

Item                                                                                                                                                Page

 

10      Biodiversity Fund Grant Application to Restore Cranebrook Wetland and Adjacent Cumberland Plain Woodland                                                                                                                78

 

 



Ordinary Meeting                                                                                                 25 March 2013

A Green City

 

 

10

Biodiversity Fund Grant Application to Restore Cranebrook Wetland and Adjacent Cumberland Plain Woodland   

 

Compiled by:               Jenna Hore, Senior Biodiversity Officer

Authorised by:            Anthony Price, Acting Environmental Health Manager   

 

Objective

Our natural habitats are healthy

Community Outcome

A City with healthy waterways and protected natural areas (11)

Strategic Response

Work with others to protect and conserve the River, waterways and catchments, and natural environments (11.1)

       

 

Executive Summary

This report provides details on a proposed grant application for $1,835,000 to the Australian Government under their Biodiversity Fund program. The Biodiversity Fund is an ongoing program under the Australian Government’s Land Sector Package of the Clean Energy Future Plan. The grant proposal relates to the restoration of Regionally Significant Wetland 156 and adjacent area of Cumberland Plain Woodland over a 4 year period from July 2013.

 

Wetland 156 and the adjacent Cumberland Plain Woodland (the Site) are located near the corner of Cranebrook Road and Nepean Street, Cranebrook (Appendix 1). The land is owned by the Department of Planning and Infrastructure, who have provided Council with a letter of support for the grant application. Wetland 156 has been identified as significant by Sydney Regional Environmental Plan 20 and as a priority area in a Penrith Lakes Upper Catchment study completed this February. The proposal is also consistent with Council’s Biodiversity Strategy and Action Plan which aims to protect the native biological diversity and maintain ecological processes and systems in the Penrith Local Government Area.

 

The grant application will propose to restore and rehabilitate approximately 5 hectares of the regionally significant wetland by reinstating previously piped and diverted flows back to the wetland. The rehabilitation would include planting of local native plant species to provide habitat for a range of fauna and to increase the Site’s biodiversity value. The wetland currently supports regenerating Castlereagh Swamp Woodland Community and Swamp Oak Flood Plain Forest, which are both listed as Endangered Ecological Communities (EEC’s).

 

Wetland restoration would also help improve the quality of water entering the Penrith Lakes system and the wildlife refuge by treating stormwater from the residential areas of Waterside and Cranebrook. The construction of a rain garden to treat stormwater, removal of noxious and environmental weeds and bush regeneration work is proposed to improve and protect the adjacent Cumberland Plain Woodland (EEC). Community engagement will be a key feature of the grant application including planting days, catchment tours and interpretive signage at the Site.


Background

The Biodiversity Fund is an ongoing program under the Australian Government’s Land Sector Package of the Clean Energy Future Plan. The overall objectives of the Biodiversity Fund are to:

 

·    Help land managers establish, manage and enhance native vegetation on their land,

·    Increase stores of carbon in the landscape, and

·    Maintain ecosystem function and improve the resilience of ecosystems to the impacts of climate change.

 

The current Biodiversity Fund (Round 2) opened on 11 February and applicants can apply for up to $2 million. Applications close on Wednesday 10 April. The current round focuses on ‘Target Areas’ including ‘Urban Waterways and Coastal Environments’. Penrith’s urban waterways have been identified as key assets by the Penrith community in the Community Strategic Plan. Under the grant, urban waterways include rivers, streams and wetlands in cities and towns that are often highly modified through clearing and development. Stormwater runoff is a key threat to the health of these systems, bringing in nutrients and other pollutants from residential, commercial and industrial areas and roads.

 

In 2011 Council engaged a consultant to undertake a study of the Penrith Lakes Upper Catchment. This study, completed in February this year, identifies priority wetlands in the catchment for restoration or construction to improve the overall health and amenity of the natural environment by treating stormwater and improving biodiversity. The Cranebrook Road wetland was identified as a priority site for restoration to improve the condition, biodiversity and habitat value of the wetland and at the same time treating stormwater from the residential catchment (Appendix 2).

 

This wetland is also identified as a Regionally Significant Wetland (Wetland “156”) under State Regional Environmental Planning Policy 20. The wetland contains regenerating Castlereagh Swamp Woodland Community and Swamp Oak Flood Plain Forest, both listed under NSW Threatened Species Conservation Act 1995 as Endangered Ecological Communities (EEC’s). Significantly, the wetland flows into the Penrith Lakes system, an asset of high value to the Penrith region economically, socially and environmentally. Protecting and enhancing water quality and amenity within and around the Lakes will also help to ensure they remain of high value to the City and community.

 

Adjacent to the wetland is approximately 10 hectares of Cumberland Plain Woodland, listed as Critically Endangered under the NSW Threatened Species Conservation Act 1995 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

 

Grant Funding Proposal

Wetland 156 supports regenerating Castlereagh Swamp Woodland Community and Swamp Oak Flood Plain Forest, which are both listed as Endangered Ecological Communities (EEC’s).  It is proposed to restore and rehabilitate the approximate 5 hectares of regionally significant wetland by reinstating previously piped and diverted flows back through the wetland. Rehabilitation would also include planting of local native plant species to provide fauna habitat and to increase the site’s overall biodiversity value. In addition, wetland restoration will improve the quality of water entering the Penrith Lakes system, the wildlife refuge and will reduce flow velocity and treat stormwater from the residential areas of Waterside and Cranebrook.

To improve and protect the adjacent Cumberland Plain Woodland (EEC) it is proposed to construct a rain garden to treat stormwater, to remove noxious and environmental weeds and to carry out bush regeneration work. A Vegetation Management Plan (VMP) will be prepared for the bushland to identify priority areas for works, areas for revegetation and other bushland management activities such as track remediation, signage, and the need for bollards and no-mow areas. Supplementary plantings, as guided by the VMP, will be undertaken to increase the extent of this valuable bushland.

The proposal will involve the preparation of detailed designs for the restoration construction of the wetland as well as seed collection of local provenance plant seed for plantings.

Community engagement will be a key feature of the grant application including planting days, catchment tours and interpretive signage at the Site. A Landcare/Bushcare group will be encouraged to undertake ongoing protection and rehabilitation of the bushland. Interpretive signage is proposed to highlight important site features.

If successful, the grant application to the Biodiversity Fund would secure $1,835,000 over 4 years commencing in July 2013. Council would be required to contribute to the grant which can include in-kind contributions and an allocation from the Stormwater Management Work Improvement Program (for the urban stormwater improvement component). As mentioned earlier, stormwater improvement works have already been identified as a priority in this location and this grant provides an opportunity to carry out significant stormwater work that otherwise may not be funded for some time. It is proposed to submit the application with an in-kind contribution of $412,000 and a cash contribution of $200,000 over the 4 year period of the grant. The overall value of the proposal is estimated to be $2,447,000.

 

Financial Services Manager’s Comment

The grant application proposed by this report includes a contribution of $612,000 over 4 years.  It is proposed that Council’s in kind contribution of $412,000 be provided by through Council Officers undertaking project management and support, including the partial redirection of the Senior Biodiversity and Senior Water Management Officers to this project.  The cash contribution of $200,000 is proposed to be funded by annual allocations (2013-14, $50,000; 2014-15, $100,000; 2015-16, $25,000; 2016-17, $25,000) from the Stormwater Management Service Charge, with 2013-14 and future programs being adjusted to accommodate this priority.

 

Conclusion

If successful the grant application to the Australian Government’s Biodiversity Fund will improve local area and downstream biodiversity and catchment quality. These improvements can occur by reinstating and restoring the Regionally Significant Wetland and associated endangered vegetation communities. The area of Critically Endangered Cumberland Plain Woodland adjacent to the wetland is also of particular significance and value to the biodiversity of the region. The grant proposal also aims to improve stormwater quality entering the Penrith Lakes system which is valued by the City and community for its environmental, social and economic values.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Biodiversity Fund Grant Application to Restore Cranebrook Wetland and Adjacent Cumberland Plain Woodland be received.

2.     Council support the submission of a grant application to the Australian Government’s Biodiversity Fund as detailed in this report prior to the 10 April 2013 closing date.

 

ATTACHMENTS/APPENDICES

1. View

Location map of Wetland 156 and the area of Cumberland Plain Woodland subject to the grant proposal

1 Page

Appendix

2. View

Wetland basic concept design

1 Page

Appendix

  


Ordinary Meeting                                                                                                                25 March 2013

Appendix 1 - Location map of Wetland 156 and the area of Cumberland Plain Woodland subject to the grant proposal

 


Ordinary Meeting                                                                                                                25 March 2013

Appendix 2 - Wetland basic concept design

 

 


A Liveable City

 

Item                                                                                                                                                Page

 

11      'Our River' project - Nepean River Precinct Masterplan                                                  86

 

12      Review of the Suitability and Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area                                                                                                   89

 

13      Tender Reference 12/13-14 - Surveyors Creek Pedestrian Bridge Upgrade                    93

 

14      Tender Reference 12/13-15 - Steel Work and Path Construction on River Road, Emu Plains      96

 

15      Tender Reference 12/13-09 Provision of Various Pavement Sawing, Coring and Grinding Services                                                                                                                                           99

 

 



Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

 

 

11

'Our River' project - Nepean River Precinct Masterplan   

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Authorised by:            Michael Jackson, Major Projects Manager  

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

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

Strategic Response

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

       

 

Executive Summary

The process of engaging the services of a landscape architectural firm with planning and design expertise to develop a masterplan for ‘Our River – the Nepean River Precinct’ is currently underway and has reached a key milestone. 

 

Council’s District Open Space Plan (DOSP) envisaged the delivery of core park improvements to a number of the open spaces that adjoin the river.  A holistic masterplan approach to the precinct is required to program this spending and while this approach includes elements outside the District Open Space Plan it is important that the whole program is identified and planned to ensure that the best possible pursuit of additional funding can be made.

 

Based on the fee proposals received, a budget figure has been established.  Approval is sought for the sources of and expenditure of this funding to enable the project to proceed.

Background

The Mayor, Councillor Mark Davies noted in his inaugural speech in September 2012 that the Nepean River was the City’s greatest asset and a much greater focus on the River was required during this term of Council.  Following on from this a preliminary workshop was held with consultants and a wide cross section of Council officers to consider opportunities within the context of the River precinct.  A briefing was then held with the Mayor, Councillor Mark Davies on 29 January 2013 where it was discussed that the development of a Masterplan was integral to support the targeted expenditure of existing funds and for the identification of further funds required.

 

The Mayor, Councillor Mark Davies spoke further on the subject of the River Precinct Master Plan to the Penrith Press which was published on 12 February 2013 and he identified that a Master Plan was proposed.  The development of the Master Plan was not within current budget and has required a reprioritisation of tasks.

Project Scope

The precinct study area involves a core (both sides of the River between and including the M4 and Victoria Bridges) and curtilages to the north (Weir Reserve recognising the future Rowing Academy) and south (the area to Factory Road where there may be opportunities for expansion - again both sides of the River).

 

The brief for the ‘Our River’ project is built around the distribution of activity to reduce congestion, providing opportunities for compatible recreation and development and being adaptable to change.  There is a role the River can play in the economy of the region as our population grows.

 

With the District Open Space Contributions Plan funds available and the staged implementation of the Great River Walk, there is a need to ensure a compatible mix and positioning of uses and activities and co-ordinated expenditure within the precinct. A master planned approach will enable appropriate planning, programming, staging and implementation for the best community outcomes and efficiencies.

 

The selected consultant team will initially investigate the study area in its context, recognising the recreational, commercial, environmental and social impacts of other places such as Penrith Lakes and the National Park.  They will then prepare a masterplan that is backed by community and stakeholder engagement.  Place making and public art will be integrated into the consultative and design processes. The Masterplan will be brought to a future meeting of Council for endorsement to go on Public Exhibition and then for formal adoption after the exhibition process is complete.

 

The available funding for the River Precinct from the District Open Space Contributions Plan is approximately $2,104,700 (Tench Reserve, Regatta Park East, Regatta Park West and the Great River Walk). These funds can be spent on improvements such as: toilet facilities; pathways; public art; seating; shelters; foreshore rehabilitation; rest and viewing platforms; BBQ facilities; park furniture and signage.

 

It is anticipated that the Master Plan will identify other projects which may be outside the permissible scope of the contributions plan.  These projects will then be prioritised and appropriate funding sought as required.

 

Fee proposals were received in accordance with Council’s purchasing policy and following a review of submissions received, Council officers propose to engage Clouston Associates to undertake the project.

 

Financial Services Manager’s Comment

This report outlines the importance of an integrated Master Plan approach for the River Precinct.  It is proposed that funding for this stage of the project be provided from the DOS Contribution Plan ($52,500) and from current operational efficiencies within the Major Projects Department ($47,500), providing an overall budget of $100,000 for this stage.

 

Conclusion

It is anticipated the masterplan project will be complete by Christmas 2013. Councillors will see concepts and a draft masterplan at a series of Councillor Briefings, which are tied into a community engagement program. The scope of initial project works will be identified during the project.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 'Our River' project - Nepean River Precinct Masterplan be received.

2.     The budget of $100,000 be approved for the Master Plan as outlined in this the report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

 

 

12

Review of the Suitability and Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area   

 

Compiled by:               Eric Hausfeld, Acting Engineering Services Manager

Authorised by:            Wayne Mitchell, Group Manager - City Infrastructure  

Requested By:             Councillor Kevin Crameri OAM

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with infrastructure that responds to community needs (17)

Strategic Response

Improve the City's drainage network (17.2)

       

 

Executive Summary

The purpose of this report is to provide Council with information relating to a review of the suitability and performance of fibre reinforced concrete (FRC) pipes in the Penrith Local Government Area (LGA).  The report recommends that Council’s “Guidelines for Engineering Works for Subdivisions and Developments (1997)” be amended to update the specification for the continued use of FRC pipes and that Council’s Engineering Services Department continue to monitor their performance.

 

Background

FRC pipes are principally provided in the Penrith LGA for stormwater drainage purposes.  The majority of the pipes are delivered with the infrastructure works in our subdivision release areas.

 

FRC pipes were developed and introduced as a competitor to steel reinforced concrete (SRC) pipes.  They are recognised by Australian Standard AS 4139–2003 and are marketed as being lighter and longer, thereby being faster to install with resultant labour cost savings for the construction industry.  FRC pipes have been available for over twenty years.

 

The key advantages of FRC pipes are:

 

·         they are supplied in 4m lengths as opposed to the 2.4m lengths of SRC pipes, which requires less jointing, resulting in time savings for installation

·         they are substantially lighter than SRC pipes, meaning they are easier to handle

·         they are a cheaper alternative to their SRC counterparts and also have reduced labour costs

·         they are not subject to steel corrosion

·         they are sustainable due to less volume of material used in their production.

 

The key disadvantages of FRC pipes are:

 

·  they require much greater care when storing and handling, on-site and during installation

·  they are more susceptible to damage once installed if service installations and other construction works are not managed appropriately

·    they are limited by a maximum size of 750mm

·    they have lower shear strengths and can be displaced easily if collars are not fitted

·    they are not suitable in submerged situations.

 

FRC pipes are currently permitted by Council’s “Guidelines for Engineering Works for Subdivisions and Developments (1997)” and have been used extensively for subdivision works in the Penrith LGA for at least the past ten years.

 

Suitability and Performance

In the period prior to 2009 there is no record or anecdotal evidence that FRC pipes were not performing as intended, although very limited information is available for pipes laid prior to 2009.  In 2009, Council’s Engineering Services Department introduced a standard condition to be applied to all development and subdivision consents which required closed circuit-television (CCTV) footage and reporting to be undertaken on all new drainage infrastructure to be dedicated to Council.  The intention of this condition was to ensure that Council can ensure that this infrastructure is structurally sound and in good condition before handover.

 

Since its inception, the CCTV footage has identified defects and damage to both FRC and SRC pipes.  In most circumstances, defects and damage have been minimal.  Based on the limited data collected to date there appears to be a higher incidence of damage and displacement in FRC pipes.

 

The additional Development Engineering Inspector resource provided in late 2011 has allowed for higher scrutiny of the CCTV footage and associated reports.  The review of CCTV footage and reporting for recent stages of Jordan Springs and Waterside revealed a number of puncture failures and displacements in the FRC pipes used.  The defects and damage in these pipes have been attributed to poor construction practice and site management by the contractors.

 

Where damaged FRC pipes have been identified they have been rectified, according to the severity of damage, by the following methods:

 

·    full pipe replacement

·    epoxy/concrete bandaging

·    pipe lining/sleeving.

 

A review of other State and Local Government organisations established that the use of FRC pipes is widely permitted, as outlined in Table 1, below.


Table 1

State/Local Government Organisations Using FRC Pipes

 

Authority/Council

Are FRC pipes accepted?

Comments

Roads and Maritime Services

Yes

Under review

Vic Roads

Yes

Not under roads.  Not >550mm diameter

Camden City Council

Yes

Permitted with collars

Blacktown City Council

Yes

No restrictions

Liverpool City Council

Yes

No restrictions

The Hills Shire Council

Yes

No restrictions

 

Comments from Council’s City Works Manager

Council undertakes limited drainage construction works.  Due to the nature of works undertaken and the larger diameter of pipes often required, FRC pipes are not utilised.  The susceptibility of these pipes to damage by service installations where located within the road reserves is also a concern that needs to be appropriately considered and managed.

 

Conclusion

Based on the current level of investigation and information, the overall suitability and performance of FRC pipes, especially in the longer term, is inconclusive.  As a result of damage and displacement of FRC pipes in recent subdivisions, it is proposed to amend the specification for the installation of FRC pipes to address problems that have been identified to date.  Council’s Engineering Services Department will continue to monitor the suitability and performance of FRC pipes.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Review of the Suitability and Performance of Fibre Reinforced Concrete Pipes in the Penrith Local Government Area be received.

2.     The use of fibre reinforced concrete pipes below the water table and in submerged situations be prohibited.

3.     Where fibre reinforced concrete pipes will become future public assets, they be required to be fitted with collars.

4.     Council’s “Guidelines for Engineering Works Associated with Subdivisions and Developments (1997)” be amended to reflect the proposed specification changes for fibre reinforced concrete pipes.

5.     The development industry, and particularly subdivision contractors, be formally notified of the changes to Council’s specifications.

 

6.     Council’s Engineering Services Department continue to monitor the performance of fibre reinforced concrete pipes with a view to reassessing Council’s position as part of a complete review of Council’s “Guidelines for Engineering Works Associated with Subdivisions and Developments (1997)”.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

 

 

13

Tender Reference 12/13-14 - Surveyors Creek Pedestrian Bridge Upgrade   

 

Compiled by:               Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            Michael Jackson, Major Projects Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Improve the City's footpath and cycleway network (16.3)

       

 

Executive Summary

Council advertised a tender (RFT 12/13-14) for the widening of the existing pedestrian bridge at Surveyors Creek on Mulgoa Road (near the Mazda dealership) including supply and installing piles for widening the bridge.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Antoun Civil Engineering (Aust) Pty Ltd be accepted as the preferred contractor to carry out the scope of works outlined in the RFT 12/13-14.

Background

In September 2012, the Roads and Maritime Services (RMS) confirmed in writing that an allocation of up to $1,500,000 has been approved for Year 3 of the NSW Bike Path  Plan (2012/13) for Council to complete the construction of the Mulgoa Road shared-use path (through to Glenmore Park). The funding also included designing a shared-use path in Jane Street, from Castlereagh Road to Penrith Railway Station and to commence the design and construction of an off-road shared-use path along the Great Western Highway from Kingswood to St Marys.

 

The Surveyors Creek pedestrian bridge is a Roads and Maritime Services (RMS) asset located on Mulgoa Road adjacent to the Mazda dealership. The existing width of the bridge at Surveyors Creek is suitable for pedestrians only and is to be widened for use as a shared path for bicycles and pedestrians. As part of the RMS shared path program, the bridge is one of the last links in having Glenmore Park connected to Jane Street (and then to Penrith Railway Station) with a continuous shared path.

 

As the bridge is an RMS asset, design for upgrade was required to be completed by an RMS accredited designer and the design proposal for widening has been accepted by the RMS before the tendering process commenced. The RMS has also agreed to fund the upgrade of the pedestrian bridge out of the shared path funding, retain ownership and continue to maintain the bridge asset.

 

As required by the RMS, the tender was advertised to be quoted by contractors pre-qualified with the RMS.

Tender Evaluation Process

The Tender Evaluation Committee consisted of staff from the Major Projects Section and staff from the Supply Section of Council.  The selection criteria advertised and used in assessing the tenders received included the following:

 

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety (WHS)

·    Industrial Relations

·    Commercial Requirements

·    Conflict of Interest

Initial Tender Review

A full listing of the tenders received and considered is detailed below in price order (ex GST).

 

Company

Tendered Price (Ex GST)

Antoun Civil Engineering Pty Ltd

$195,400.00

Delaney Civil

$343,841.50

 

Following a detailed analysis of all completed responses, each tender was evaluated against the above evaluation criteria to determine an initial ranking.  Consideration was then given to the tenderers’ price schedules to determine the best value for money solution and the lowest priced tenders, with competency in technical aspects of the tender.

 

Following initial assessment, the tender from Antoun Civil Engineering Pty Ltd was considered by the Tender Evaluation Committee to be suitable as the preferred tenderer for further analysis. A financial check and reference check for similar projects were undertaken for the recommended tenderer.

Evaluation of Preferred Tenderer

The preferred tenderer was differentiated based on the evaluation criteria, particularly regarding the demonstrated comprehensiveness of Quality Assurance, Environmental Management systems and policies regarding employment of apprentices.

 

Antoun Civil Engineering Pty Ltd scored significantly higher than Delaney Civil across the selection criteria.

 

Antoun Civil Engineering Pty Ltd offered a construction program of 5 weeks subject to weather. They have completed a similar scale project for Strathfield Council in addition to a number of roads, drainage and bridge projects within NSW. The company has well-documented management documentation for quality assurance, environmental management, waste minimisation and WHS.

 

The submitted tender from Antoun Civil Engineering Pty Ltd is within 15% of the pre-tender estimate provided by the bridge designer.

 

The recommended company, Antoun Civil Engineering Pty Ltd is selected based on their compliance with tender evaluation criteria, their demonstrated ability to meet Council’s requirements and competitive price for the services offered.

 

A reference check was completed with Corporate Scorecard and the report indicated that the financial performance of Antoun Civil Engineering Pty Ltd was very strong.

Financial Services Manager’s Comment

The current year budget allocation for the Shared Pathways Program totals $2,148,919, with $1,500,000 in grant funds from the RMS and $648,919 of Council funding. The tendered price of $195,400 is in line with estimates and can be accommodated within the available funds.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Group Manager - Legal and Governance, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the widening of the existing pedestrian bridge at Surveyors Creek. The TAG supports the process and the recommendations contained within the Report.

Conclusion

The Tender Evaluation Committee is of the opinion that Antoun Civil Engineering Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $195,400 ex GST.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 12/13-14 - Surveyors Creek Pedestrian Bridge Upgrade be received.

2.     Antoun Civil Engineering Pty Ltd be awarded the contract for the Surveyors Creek Pedestrian Bridge Upgrade works for the amount of $195,400 ex GST.

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

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

 

 

14

Tender Reference 12/13-15 - Steel Work and Path Construction on River Road, Emu Plains   

 

Compiled by:               Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            Michael Jackson, Major Projects Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Improve the City's footpath and cycleway network (16.3)

       

 

Executive Summary

Council advertised the tender (RFT 12/13-15) for the construction of shared path for the Great River Walk on River Road, Emu Plains from Francis Avenue to Dewdney Road, including the steel hand rail construction.

 

This report advises Council of the outcome of the tender process and recommends that the tender from The Glascott Group be accepted as the preferred contractor to carry out the scope of works outlined in the RFT 12/13-15.

Background

Council has received grant funding of $250,000  under the Metropolitan Greenspace Program for specific projects that improve regionally significant open space for recreational purposes.

 

Penrith’s project involves the construction of the Great River Walk (Stage 7a) along River Road, Emu Plains on the western side of the Nepean River. Council’s 50% contribution to the project is provided through $190,000 of kerb and gutter project funding from the 2012/13 program and $60,000 from the District Open Space Contributions Plan.

 

Council has previously completed about 460m of the shared path under this funding model and the current tender is for a further 460m length of shared path along River Road, Emu Plains from Francis Avenue to Dewdney Road including steel hand rails for public safety. Where the grass verge on a steep embankment is narrow, the path is designed to be built on steel piles with decked concrete.

Tender Evaluation Process

The Tender Evaluation Committee consisted of staff from the Major Projects Section and staff from the Supply Section of Council.  The selection criteria advertised and used in assessing the tenders received included the following:

 

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies (Apprenticeships)

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety (WHS)

·    Industrial Relations

·    Commercial Requirements

·    Conflict of Interest

Initial Tender Review

A full listing of the tenders received and considered is detailed below in the final rank order (ex GST).

 

Contractor

Price

(Excluding GST)

Final Rank

The Glascott Group

$447,924.80

1

Talis Civil Pty Ltd

$488,644.90

2

Mosaiquestone

$499,000.00

3

Civil Works (NSW)

$562,200.00

4

Devcon Civil Pty Ltd

$590,315.10

5

North Shore Paving Co Pty Ltd

$815,819.00

6

ADR Group Pty Ltd

$683,116.00

7

Retiby Pty Ltd

$733,100.00

8

Aust Tech Engineering & Supplies Pty Limited

$899,800.00

9

Castlereagh Building & Construction Pty Ltd

$1,007,580.00

10

Hi Quality Group

$663,000.00

11

 

Following a detailed analysis of all completed responses, each tender was evaluated against the above evaluation criteria to determine an initial ranking.  Consideration was then given to the tenderers’ price schedules to determine the best value for money solution and the lowest priced tenders, with competency in technical aspects of the tender.

Evaluation of the Preferred Tender

Following an initial assessment, the tender from The Glascott Group was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list.

 

The Glascott Group was particularly differentiated based on the evaluation criteria. The Glascott Group scored significantly higher than Talis Civil Pty Ltd in all areas of competencies. The Committee were of the opinion that there was no advantage to give further consideration to any of the other higher priced tenders received.

 

The Glascott Group was subjected to an independent financial evaluation in January 2013 and received a positive financial evaluation.

 

This contractor offered a 7 weeks lead time for metal fabrication after contract signing and further 8 weeks for construction works at site, thus minimising the interruptions to the nearby residents.

 

The Glascott Group has demonstrated that they have appropriate construction experience of undertaking similar projects for local councils in the Sydney metropolitan area. They have well documented environmental management plans, quality management and waste management plans.  They have nominated skilled people for managing and supervising the project.

Financial Services Manager’s Comment

As highlighted earlier in this Report, the Council sought and received independent reference, financial and performance checks for The Glascott Group. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services in conjunction with other relevant financial information provided. Based on this review no concerns were raised as to the ability of The Glascott Group to perform the works described.  The 2012-13 and 2013-14 Operational Plans provide a budget allocation for the Great River Walk Stage 7a project as endorsed by Council prior to the lodgement of Metropolitan Greenspace Program grant application. The tendered price by the Glascott Group of $447,924.80 can be accommodated within this allocation.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Group Manager - Legal and Governance, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the construction of the shared path for the Great River Walk. The TAG supports the process and the recommendations contained within the Report.

Conclusion

The Tender Evaluation Committee is of the opinion that The Glascott Group has provided the most advantageous tender and it is recommended that The Glascott Group be awarded the contract for a contract sum of $447,924.80 ex GST.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 12/13-15 - Steel Work and Path Construction on River Road, Emu Plains be received.

2.     The Glascott Group be awarded the contract for the Steel Work and Path Construction Works on River Road Emu Plains for the amount of $447,924.80 ex GST.

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

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                 25 March 2013

A Liveable City

 

 

15

Tender Reference 12/13-09 Provision of Various Pavement Sawing, Coring and Grinding Services   

 

Compiled by:               Gowry Gowrythasan, Civil Operations Engineer

Authorised by:            Hans Meijer, City Works Manager   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with an integrated local road and pathways network (16)

Strategic Response

Provide a safe, efficient local road network (16.1)

       

 

Executive Summary

A tender for the provision of various Pavement Sawing, Coring and Grinding Services within the Penrith Local Government Area for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods, was advertised on 23 and 27 November 2012 and closed on 20 December 2012.

 

This report advises Council of the outcome of the tender process to establish a preferred supplier list and recommends that the tenders from, RIPA Concrete Cutting Pty Ltd, The Australian Grinding Company, Pro-Cut Concrete Pty Ltd and Mastercut Concrete Aust Pty Ltd be accepted for the Provision of Various Pavement Sawing, Coring and Grinding Services for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods.

Background

The purpose of this Tender was to establish a preferred list of Contractors (PANELS) to perform part or all of the following services on an ‘as required’ basis throughout the term of the agreement. The preferred list of contractors will be capable of providing the following services:

·    Concrete Sawing Services

·    Asphalt Sawing Services

·    Concrete Footpath Grinding Services

·    Concrete & Asphalt Coring


Tenders were advertised in the Western Weekender and the e-tendering website on 23 November 2012 and the Sydney Morning Herald on 27 November 2012 for the provision of various Pavement Sawing, Coring and Grinding Services.

Tenderers were required to submit their tender either by using the APET 360 online Portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria. 

Tenderers were also required to complete a price schedule setting out the unit rates for Concrete Sawing, Asphalt Sawing, Concrete Footpath Grinding and Concrete & Asphalt Coring.

All prospective tenderers were invited to attend a pre-tender briefing on 4 December 2012.  This briefing included an online demonstration on Council’s electronic tendering portal, and provided an opportunity for prospective tenderers to seek any necessary clarification of the specifications required to perform the tender.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Gowry Gowrythasan (Civil Operations Engineer), Mathew Nicholson (Senior Works Coordinator), Brendan McLister (Project Engineer) and Laura Schuil (Supply Officer -Contracts).

 

Evaluation process

The process for the evaluation of tenders was as follows:

1.   Initial review of tenders to determine compliance with the evaluation criteria, including the ability of tenderers to provide the full range of services specified;

2.   Assessment of costs based on the unit rates tendered and the allocated staff to perform the services, and determination of a short-list based on the best rankings from 1 above.

 

Tender Evaluation Criteria

The selection criteria advertised and used in assessing the tenders were:

 

Scope of Requirements

·    Demonstrated Ability

·    Cost / Price Category

·    Resources and Personnel

·    Quality Assurance

·    Environmental Management

·    Industrial Relations

·    Work Health & Safety

 

Summary of Tenders Received

A total of 4 submissions were received from the following respondents (listed in alphabetical order) in response to the advertised tender:

 

·    Mastercut Concrete Aust Pty Ltd – only tendered for a part of the proposed work.

·    Pro-Cut Concrete Pty Ltd – only tendered for a part of the proposed work.

·    RIPA Concrete Cutting Pty Ltd

·    The Australian Grinding Company – only tendered for a part of the proposed work.

 

 

Criteria Evaluation

Following the evaluation of the four (4) tenders, the Tender Evaluation Panel determined that all four (4) tenderers demonstrated compliance with each of the evaluation criteria.

 

Price Evaluation

Prices were requested for Concrete Sawing, Asphalt Sawing, Concrete Footpath Grinding and Concrete & Asphalt Coring Services.

 

The table below ranks from lowest to highest the unit rates for each type of service. To enable a full comparison of the unit rates submitted, a total annualised cost for each tenderer has been calculated, based on the annualised quantity of each service. 

 

Concrete Sawing Services

The annual estimated usage depends on the depth and length of the saw cut. The depths of the saw cut are 25mm, 40mm, 50mm, 75mm, 100mm, 125mm, 150mm, 175mm and 200mm. A total quantity of 10,000 metres of saw cut, at various depths from 25mm to 200mm, was considered based on the prices submitted for the evaluation.

 

Tenderer’s Name

Annualised Quantity in Length at Various Depth

Average Rate

(25mm – 200mm)

Estimated Annual Expenditure

$/m

RIPA Concrete Cutting Pty Ltd

10,000 m

$3.83

$38,300

Mastercut Concrete Aust Pty Ltd

10,000 m

$4.00

$40,000

Pro-Cut Concrete Pty Limited

10,000 m

$4.48

$44,800

 

Asphalt Sawing Services

A total annualised quantity of 12,000 metres of saw cut, at various depths, was considered based on the prices submitted for the evaluation.

 

Tenderer’s Name

Annualised Quantity in Length at Various Depth

Average Rate

(25mm – 200mm)

Estimated Annual Expenditure

$/m

RIPA Concrete Cutting Pty Ltd

12,000 m

$3.28

$39,360

Mastercut Concrete Aust Pty Ltd

12,000 m

$3.55

$42,600

Pro-Cut Concrete Pty Limited

12,000 m

$4.48

$53,760

 

RIPA Concrete Pty Ltd offers, represents the best value to Council for the Concrete and Asphalt Sawing services. Mastercut Concrete Aust Pty Ltd would be a suitable back up provider of this service. The Australian Grinding Company did not tender for either sawing service.

 

 

 

 

 

 

 

 

Concrete Footpath Grinding Service

Tenderer’s Name

Annualised Quantity*

Tendered Rate

Estimated Annual Expenditure

<=100m

>100m <=1000m

$/m

$/m

The Australian Grinding Company

200m & 800m

$21.50

$20.50

$20,700

Pro-Cut Concrete Pty Limited

200m & 800m

$25.00

$20.00

$21,000

RIPA Concrete Cutting Pty Ltd

200m & 800m

$50.00

$40.00

$42,000

* Calculations based on 200m at the rate of <=100m and 800m at the rate of >100m<=1000m.

 

The Australian Grinding Company offer represents the best value to Council. Pro-Cut Concrete Pty Limited would be a suitable back up provider of this service. Mastercut Concrete Aust Pty Ltd did not tender for this service.

 

Concrete & Asphalt Coring Service

The following diameters were considered for the price evaluation, as these are the most frequently used for Council works.

 

Tenderer’s Name

Hole Diameter

75mm

100mm

150mm

225mm

$ Rate per 10mm Depth of hole

RIPA Concrete Cutting Pty Ltd

$1.25

$1.57

$2.14

$3.92

Pro-Cut Concrete Pty Limited

$1.20

$2.00

$2.50

$4.50

Mastercut Concrete Aust Pty Ltd

$1.50

$1.85

$2.65

$4.94

 

More than 50% of all coring is either 75mm or 150mm diameter. RIPA Concrete Pty Ltd offer represents the best value to Council. Pro-Cut Concrete Pty Limited would be a suitable back up provider of this service. The Australian Grinding Company did not tender for this service.

 

Short Listed Tenders

Each tender was assessed against the evaluation criteria and the individual unit rates submitted.  The assessment showed that all tenderers were capable of providing the service required. However, based on the compliance and cost rankings, RIPA Concrete Cutting Pty Ltd provided the best value to Council and will be ranked first on the panel for the Concrete & Asphalt Sawing and Coring services; and The Australian Grinding Company will be ranked first on the panel for the Concrete Footpath Grinding services.

 

RIPA Concrete Cutting Pty Ltd

RIPA Concrete Cutting Pty Ltd is located at 34-36 Plasser Cres, St Marys NSW and Kevin Smith is the Director of this company.

 

The Australian Grinding Company

The Australian Grinding Company has been engaged by Penrith City Council several times in the past for the footpath grinding service. The services provided by this company have been more than satisfactory, including their ability to meet all specified requirements. They are located at 4/20 Mastehead Drive, Cleveland QLD. The board of directors are Alan Van Veen and Jean Piere Goedemans.

 

Pro-Cut Concrete Pty Ltd

Pro-Cut Concrete Pty Ltd are located at unit 5, 151 Anzac Road, Smeaton Grange NSW. Scott Reed is the Director of this company.

 

Mastercut Concrete Aust Pty Ltd

Mastercut Concrete Aust Pty Ltd are located at 10/84 Riverside Road, Chipping Norton NSW and Steven McCann is the Director of this company

 

Conclusion

Based on the detailed evaluation of all tenders received, in particular the demonstrated capacity of the recommended tenderers and the prices submitted, the tender that represents the best overall value for money to Council for each service is summarised below, in the preferred ranking.

 

The secondary supplier will act as a backup provider of the service should the primary contractor be unavailable to perform the work or deliver within the time required, or default in their responsibilities under the agreement.

Preferred List of Contractors (Panel)

Service Contract

Preferred Tenderer Ranking

Concrete Sawing Services

1.   RIPA Concrete Cutting Pty Ltd

2.   Mastercut Concrete Aust Pty Ltd

Asphalt Sawing Services

1.   RIPA Concrete Cutting Pty Ltd

2.   Mastercut Concrete Aust Pty Ltd

Concrete Footpath Grinding Services

1.   The Australian Grinding Company

2.   Pro-Cut Concrete Pty Ltd

Concrete & Asphalt Coring Services

1.   RIPA Concrete Cutting Pty Ltd

2.   Pro-Cut Concrete Pty Ltd

 

Financial Services Manager’s Comments

The creation of this preferred supplier list will ensure that Council can continue to achieve value for money for the work types detailed in this report along with ensuring that the organisation’s needs can be efficiently accommodated by establishing a secondary provider. Any works completed will be undertaken within established operational budgets.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Group Manager - Legal and Governance, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the provision of various pavement, sawing, coring and grinding services. The TAG supports the process and the recommendations contained within the Report.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 12/13-09 Provision of Various Pavement Sawing, Coring and Grinding Services be received.

2.     A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

(a)  Concrete & Asphalt Sawing services be awarded to RIPA Concrete Cutting Pty Ltd as the primary contractor and Mastercut Concrete Aust Pty Ltd as the secondary contractor.

(b)  Concrete Footpath Grinding services be awarded to The Australian Grinding Company as the primary contractor and Pro-Cut Concrete Pty Limited as the secondary contractor.

(c)  Concrete & Asphalt Coring services be awarded to RIPA Concrete Cutting Pty Ltd as the primary contractor and Pro-Cut Concrete Pty Limited as the secondary contractor.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

A Vibrant City

 

 

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



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday March 25 2013

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                        1

 

2        Commercial Matter - Council Property - Leasing of Suites 104A and 104B at Community Connections to NorWest Lincs Incorporated                                                                     2

 

3        Commercial Matter - Nos. 141-151 High Street, Penrith                                                   2

 

4        Commercial Matter - Government Property New South Wales Office Proposal               3

 

 


Ordinary Meeting                                                                                                 25 March 2013

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed: