19 July 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 22 July 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 Karen McKeown - 19 July 2013 to 11 August 2013 inclusive.

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 June 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

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 1 July 2013.

Policy Review Committee Meeting - 8 July 2013.

Access Committee Meeting - 12 June 2013.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 22 July 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

Executive Managers                          

                
          

 
Seating Arrangements

 

 

 

Assistant General Manager
Craig Butler

 

 

Assistant General Manager
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

Executive 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

7.00pm

 

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 24 JUNE 2013 AT 7:35PM

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.

Councillor Greg Davies arrived at 7:39 pm.

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 (arrived at 7:39 pm), Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 May 2013

154  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the minutes of the Ordinary Meeting of 27 May 2013 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – Penrith Valley Regional Sports Stadium as he is Chairman of the Penrith Valley Regional Sports Stadium Committee.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 4 – Penrith Valley Regional Sports Stadium as he is the auditor of the Penrith Valley Regional Sports Stadium Committee.  Councillor Fowler OAM stated that he would leave the  meeting during discussion of this item.

 

His Worship the Mayor, Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – The Penrith Progression as he is on the Board of the Penrith Business Alliance.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 – Hawkesbury-Nepean Catchment Management Authority Incentive Funding for Werrington Creek Improvements as he is the Chair of the Hawkesbury River County Council.

 

Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 – Hawkesbury-Nepean Catchment Management Authority Incentive Funding for Werrington Creek Improvements as he is a Board member of the Hawkesbury River County Council.

 

 

Mayoral Minutes

 

1        Bicentenary of the First European Crossing of the Blue Mountains

Councillors Ross Fowler OAM, John Thain, Kevin Crameri OAM and His Worship the Mayor, Councillor Mark Davies spoke in support of the Mayoral Minute and put on record their congratulations to all the staff who were involved in organising the successful series of events to mark the Bicentenary.

         

155  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Bicentenary of the First European Crossing of the Blue Mountains be received.

 

2        Queen's Birthday Honours

Councillors Ross Fowler OAM, Karen McKeown, John Thain, Jim Aitken OAM, Tricia Hitchen, Prue Car, Bernard Bratusa and Greg Davies spoke in support of the Mayoral Minute.

Councillor Jackie Greenow OAM was then congratulated by affirmation of the Council.

Councillor Jackie Greenow OAM then responded by thanking the person responsible for nominating her as well as the people she has worked with representing those in the community with disabilities.  His Worship the Mayor, Councillor Mark Davies, then thanked Councillor Greenow OAM on behalf of the Council and Penrith City.

         

156  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Queen's Birthday Honours be received.

 

His Worship the Mayor, Councillor Mark Davies, advised that Australia’s 40th soldier, Corporal Cameron Steward Baird, was killed in the Afghanistan war last Saturday afternoon.

 

The meeting then observed a minute’s silence, at 8:06 pm, in memory of Corporal Baird.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 June 2013                                                                                                                                     

157  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jackie Greenow OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 June, 2013 be adopted.

 

 

2        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 5 June 2013                                                                                                                   

158  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Michelle Tormey that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 5 June, 2013 be adopted.

 

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 17 June 2013                                                                                                                                     

159  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 17 June, 2013 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

A Leading City

 

6        Summary of Investments and Banking for the period 1 May to 31 May 2013            

160  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown

That:

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

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

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

 

 

 

 

 

 

 

1        Outcomes of public exhibition of draft Corporate Planning Documents

Councillors Ross Fowler OAM, Kevin Crameri OAM, John Thain, Jim Aitken OAM, Greg Davies, and His Worship the Mayor, Councillor Mark Davies, thanked the staff involved for their efforts in preparing the Corporate Planning Documents.

161  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Outcomes of public exhibition of draft Corporate Planning Documents be received

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council adopt the draft Community Plan, draft Delivery Program 2013-17 (incorporating the Operational Plan for 2013-14 and draft Fees and Charges 2013-14), including amendments outlined in this report and any made at tonight’s meeting.

3.     In accordance with the Section 402(7) of the Local Government Act 1993 and Local Government (General) Regulation 2005, Council post a copy of the Community Plan and associated documents on Council’s website and advise the Director-General.

4.     Council adopt the Community Engagement Strategy and the Resourcing Strategy and the City Strategy as presented at tonight’s meeting.

5.     Council endorse that the strategies and studies that have been incorporated into the integrated City Strategy will have the status of ‘background’ information material.

6.     Those who made submissions to the exhibition of the corporate planning documents, together with all participants of the community engagement processes during 2012, be thanked and advised of Council’s decision.

7.     Those projects in the Operational Plan 2012-13, which were approved by Council in the March Quarter Review 2013 to be carried forward, be added to the adopted Operational Plan for 2013-14.

8.     Council approve for expenditure the budget as detailed in the Operational Plan for 2013-14, and on that basis formally vote these funds for the 2013-14 financial year.

 

2        Audit Committee                                                                                                                

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

That:

1.     The information contained in the report on Audit Committee be received.

2.     Frank Gelonesi, Jayant Gulwadi and Darren Greentree be appointed to Council’s Audit Committee for a further term of two years.

3.     A letter be forwarded to Frank Gelonesi, Jayant Gulwadi and Darren Greentree thanking them for their contribution to Council’s Audit Committee.

 

3        Making of the Rate                                                                                                            

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

That:

1.     The information contained in the report on Making of the Rate be received.

2.    Ordinary Rate

       In accordance with Section 535 of the Local Government Act 1993, an ordinary rate named Residential ordinary in accordance with Section 543(1) of point four two six two  (.4262) cents in the dollar being ad valorem amount on the land value of all rateable land in the City categorised as Residential, and that an ordinary rate named Farmland ordinary of point two one three one (.2131) cents in the dollar on the land value of all rateable land in the City categorised as Farmland, and that an ordinary rate named Business ordinary of point seven four one three six (.74136) cents in the dollar on all rateable land in the City categorised as Business but not within a sub-category of Business, and that an ordinary rate being a subcategory of Business named Penrith CBD Rate of point eight four eight four two (.84842) cents in the dollar on all rateable land in the City categorised as Business – Penrith CBD Rate, and that an ordinary rate being a subcategory of Business named St Marys Town Centre Rate of one point one four four two (1.1442) cents in the dollar on all rateable land in the City categorised as Business – St Marys Town Centre Rate be now made for the period 1 July 2013 to 30 June 2014 subject to a minimum rate under Section 548(5) of eight hundred and nine dollars and ninety five cents ($809.95) in respect of each separate parcel of land categorised as Residential and Farmland, and that each separate parcel of land categorised as Business or as a subcategory of Business be subject to a minimum rate under Section 548(5) of the Local Government Act, 1993 of one thousand and thirty six dollars and forty cents ($1036.40).

 

3.    Service of Rate Notices

       The rate or charge for the 2013-14 rate year be levied on the land specified in a rates and charges notice by the service of that notice, and the General Manager be and is hereby authorised, to prepare and serve such notice for and on behalf of Council.

 

4.    Stormwater Charges

                   A Stormwater Management Services charge will be applied on all urban residential and urban business land as outlined below and in accordance with Council’s Policy outlined in the Delivery Program 2013-17 (incorporating the Operational Plan 2013-14) except land which is exempt from the Stormwater Management Services charge as outlined in Section 496 of the Local Government Act 1993. For the 2013-14 year, the charge for residential non-strata properties will be $25 per annum, the charge for residential strata properties will be $12.50 per annum, and the charge for urban business properties will be $22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres.

 

5.    Interest

       For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act, 1993, Council make the interest charge for 2013-14 nine percent (9%) per annum.

 

6.    Pension Rebate

All eligible pensioners under Section 575 of the Local Government Act, 1993 be granted a rebate of 50% of the ordinary rate and domestic waste management service up to a maximum of $250.00 under Section 575(3) of the Local Government Act, 1993. In addition, Council will provide a voluntary rebate under Section 582 of the Local Government Act, 1993 equivalent to the annual stormwater charge applicable to the property. Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act, 1993.

 

Having previously declared a Pecuniary Interest in Item 4, Councillor Ross Fowler OAM left the meeting, the time being 8:30 pm.

 

4        Penrith Valley Regional Sports Stadium                                                                         

164  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.   The information contained in the report on Penrith Valley Regional Sports Stadium be received.

2.   Penrith City Council provide a letter of guarantor for a new loan of up to $450,000 repayable over 7 years on behalf of Penrith Valley Regional Sports Stadium.

3.   The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise Council being Guarantor for the Penrith Valley Regional Sports Stadium borrowings as outlined in this report.

4.   Should  Round 3  of the Local Infrastructure Renewal Scheme be confirmed, Council officers investigate the eligibility and opportunity of accessing that Scheme in relation to these borrowings and other borrowings identified by the Penrith Valley Regional Sports Stadium Committee for consideration by Council.

 

 

Councillor Ross Fowler OAM  returned the meeting, the time being 8:35 pm.

 

 

 

 

 

 

5        Local Government NSW Annual Conference 2013                                                       

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

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2013 be received.

2.     Council nominate Councillors Prue Car, Greg Davies, Karen McKeown, Jackie Greenow OAM, Marcus Cornish, Jim Aitken OAM, Bernard Bratusa, Maurice Girotto, John Thain and Tricia Hitchen as its ten (10) voting delegates to attend the 2013 Local Government NSW Conference to be held at Sydney Town Hall from 1 - 3 October 2013, and if any of these Councillors can not attend, Councillors Mark Davies, Ben Goldfinch and Michelle Tormey attend as substitutes.

3.     Any interested and available Councillors attend the 2013 Local Government NSW Conference as observers.

4.     Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2013 Local Government NSW Conference.

 

 

A City of Opportunities

 

9        Tender Reference 12/13-07 Provision of Childcare Consumables                                

166  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Tender Reference 12/13-07 Provision of Childcare Consumables be received.

2.     A contract for the provision of childcare consumables for a period of three (3) years, with an option to extend for a further two (2) by one (1) year periods, subject to satisfactory performance, be awarded to Klenall Industrial Suppliers Pty Ltd for the annual cost of $123,762.10.

 

 

7        Draft Metropolitan Strategy for Sydney to 2031 - Draft Submission                           

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

That:

1.     The information contained in the report on Draft Metropolitan Strategy for Sydney to 2031 - Draft Submission be received.

2.     Council endorse the attached submission on the draft Metropolitan Strategy, together with any additional critical issues identified by Councillors, as the basis of a final submission to be forwarded to the Department of Planning and Infrastructure.

3.     A copy of the final submission be forwarded to all Councillors.

 

Councillor Marcus Cornish left the meeting, the time being 8:38 pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 8:40 pm.

 

8        The Penrith Progression                                                                                                   

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

That:

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

2.     A budget is established for Stages 1 to 4 of The Penrith Progression with an upper limit of $2,193,350.

3.     A loan is secured against the Glenmore Park Stage 2 Voluntary Planning Agreement (the VPA) with these funds used exclusively to fund the Penrith Progression up to the end of Stage 3.

4.     The scope and timeframe for Stage 3 be approved for funding and Stage 4 approved in principle, subject to a further report on the funding arrangements for the entire project.

5.     The EOWP be able to authorise the progression from one phase to the next if the process is on track to achieve its objectives within the Council approved scope, budget and program.

6.     Council write to the PBA Board informing them of Council’s approval.

 

 

A Green City

 

10      Hawkesbury-Nepean Catchment Management Authority Incentive Funding for Werrington Creek Improvements                                                                                    

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

That:

1.     The information contained in the report on Hawkesbury-Nepean Catchment Management Authority Incentive Funding for Werrington Creek Improvements be received.

2.     Council endorse acceptance of the funding offer of $50,000 from the Hawkesbury Nepean Catchment Management Authority and sign the funding agreement allowing the project outlined in this report to be completed.

 

3.     Council send a letter of thanks to the Minister for Primary Industries, the Hon Katrina Hodgkinson, for her support.

 

 

A Liveable City

 

11      The Northern Road, Jordan Springs - Road Upgrade                                                  

170  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.         The information contained in the report on The Northern Road, Jordan   Springs - Road Upgrade be received.

2.         A memo be provided to all Councillors addressing Councillor Kevin Crameri OAM concerns regarding the provision of left hand slip lanes out of Jordan Springs and into Borrrowdale Road, and the phasing of signals.

 

12      Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge                           

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

That:

1.     The information contained in the report on Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge be received.

2.     Council note the information.

 

13      Penrith City Centre Public Domain Masterplan                                                            

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

That:

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

2.     The Final Masterplan be endorsed for the staged implementation of works.

3.     A further report be provided to Council regarding the evaluation of the trial of the Triangle Park.

 

 


 

14      2013/14 Nation Building Blackspot Program - Acceptance of Funding

Councillor John Thain left the meeting, the time being 9:13 pm.

Councillor John Thain returned to the meeting, the time being 9:15 pm.                                     

173  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on 2013/14 Nation Building Blackspot Program - Acceptance of Funding be received.

2.     Council accept grant funding of $220,000 offered for the two successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Nation Building Black Spot Program for the 2013/14 financial year.

3.     Council write to the Federal Member for Lindsay, Mr David Bradbury MP, thanking him for the level of funding and continued support of road safety improvements.

 

15      The Community Energy Efficiency Program                                                                 

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

That:

1.     The information contained in the report on The Community Energy Efficiency Program be received.

2.     WSROC be provided with the statement “Western Sydney Regional Organisation of Councils Ltd has the legal authority to deal with the Department of Energy, Resources and Tourism on behalf of Penrith City Council in relation to all aspects of the funding agreement”. 

3.     Council has final determination on the successful tenderer for the installation of lights and the ongoing maintenance of lights in the Penrith City Council area.

4.     Further reports be submitted to Council on the outcome of the tender processes for the supply of lights, installation of lights and the ongoing maintenance of the lights.

 

16      Funding for Playgrounds in South Penrith and Jamisontown                                      

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

That:

1.      The information contained in the report on Funding for Playgrounds in South Penrith and Jamisontown be received.

2.      The provision of a new playground at the corner of Glenbrook Street and Warragamba Crescent be funded from South Ward voted works.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Request for Stop Sign - Ulm & Castle Roads, Orchard Hills                               

Councillor Marcus Cornish requested that the provision of a stop sign at the corner of Ulm and Castle Roads, Orchard Hills be referred to the Local Traffic Committee for consideration.

 

Councillor Michelle Tormey left the meeting, the time being 9:30 pm.

 

RR 2          Bin collection over Christmas Holidays                                                                  

Councillor Marcus Cornish requested a report to Council considering the pick up of all three bins for eight consecutive weeks over the Christmas holiday break, commencing the week beginning 9 December 2013 to the week ending 1 February 2014.

 

Councillor Michelle Tormey returned to the meeting, the time being 9:32 pm.

 

URGENT BUSINESS

 

UB 1          Request for Leave of Absence                                                                                

Councillor Karen McKeown requested a Leave of Absence from 19 July 2013 to 11 August 2013 inclusive.

 

176  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain that Councillor Karen McKeown be granted Leave of Absence from 19 July 2013 to 11 August 2013 inclusive.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 3          Provision of Playground Equipment in Nash Street, Penrith                              

Councillor Karen McKeown requested a report to the Ordinary meeting of 26 August 2013 concerning the provision of playground equipment in Nash Street, Penrith.

 

RR 4          Flooding of Werrington Creek                                                                               

Councillor John Thain requested a memo reply to all Councillors regarding the status of the study into flood mitigation in the vicinity of Werrington Creek.

 

RR 5          Encapsulation of Waste at 7-9 & 11 Nelson Parade, Hunters Hill                       

Councillor Prue Car requested a report to Council in response to the community’s call for the State Government to conduct a feasibility study into onsite encapsulation of the waste at 7-9 and 11 Nelson Parade, Hunters Hill.

 

There being no further business the Chairperson declared the meeting closed the time being 9:34 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                     


 

 

 

 

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Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Australasian Reporting Awards                                                                                         1

 

2        UWS Internship Award                                                                                                     2

 

3        Australian Organics Recycling Award                                                                               3

 

 



Ordinary Meeting                                                                                                     22 July 2013

 

Mayoral Minute

Australasian Reporting Awards

Strategic Objective: Provide opportunities for our community to participate in making decisions about the City's future

           

 

 

I commend Penrith City Council’s success at the 2013 Australasian Reporting Awards – Celebrating Excellence in Reporting. The 2011-2012 Annual Report received a Bronze Award in recognition of the exceptional coverage provided and the overall quality of the document.

 

This award continues Council’s success in reporting over the past few years; in 2009 we received a Silver Award and we have been the recipient of Bronze Awards in 2010, 2011 and 2012.

 

The Annual Report provides a summary of Council’s progress towards an environmentally, socially and economically sustainable City, and Council’s performance in managing its budgets and delivering programs and services.

 

I’d like to congratulate the team involved in preparing the 2011-2012 Annual Report and thank everyone who provided information. In particular I’d like to recognise the efforts of Sustainability Coordinator, Carmel Hamilton and Corporate Development Coordinator, Allegra Zakis, who both played an integral role in this project.

 

 

Councillor Mark Davies

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Australasian Reporting Awards be received.

 

 

 


Ordinary Meeting                                                                                                     22 July 2013

 

Mayoral Minute

UWS Internship Award

Strategy: Support our communities to live more sustainably and use resources wisely

           

 

On Thursday 6 June 2013, a number of Council staff were recognised for their achievement and contribution to the UWS Internship Program, at the UWS Internship Awards Night, held at the Parramatta Campus. 

 

Alfredo Amado, UWS student of Marketing, was recognised for his contribution to the Childrens Services department, assisting supervisor Jade Bradbury, by taking responsibility for the rollout of improved communication devices and foyer upgrades of Council’s centres.

 

Joanne Ryan, Partnerships and Events Officer, was also acknowledged at the event, for her assistance linking interns from UWS with internship placements in Penrith City’s international partner, Kunshan, in China.

 

Sarah Callus, UWS student of Environmental Management, was recognised for her contribution to the Waste Services team, completing an internship as a Waste Education Support Officer since September 2012.

 

At the end of the event, UWS announced that Sarah Callus had been awarded Outstanding Student Intern Award for the year, judged from a large pool of high quality applicants.

 

Sarah’s supervisors in Waste Services were not surprised, given Sarah’s quick adaptation to the busy Waste Services department, her contribution to Council’s Love Food Hate Waste project and exemplary customer service.

 

Recently, Sarah received a ministerial commendation for excellent customer service from the Office of State Revenue. Congratulations Sarah. Congratulations also to Alfredo Armado and Joanne Ryan on their awards.

 

Councillor Mark Davies

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on UWS Internship Award be received.

 

 

 


Ordinary Meeting                                                                                                     22 July 2013

 

Mayoral Minute

Australian Organics Recycling Award

Strategy: Support our communities to live more sustainably and use resources wisely

           

 

On Friday 5 July 2013, The Minister for Environment, the Hon. Robyn Parker, MP, presented Penrith City Council with the Leadership in Recycled Organics Community Education Programs award at the Australian Organics Recycling Association Awards at Daltone House. 

 

The award was accepted by Sustainability Champion Councillor Karen McKeown and staff. It recognises Council’s work on waste avoidance and organics resource recovery through the following education programs:

 

Love Food Hate Waste workshops

Council has been the recipient of two rounds of Love Food Hate Waste grants provided by the Environment Protection Authority. Workshop messages have focused on healthy lifestyle and avoiding waste, including putting the right thing into the right bin. Practical tips on meal planning and using leftovers to avoid wasting food and wasting money have proven popular.

 

 “Master the Taste - Shrink your Waist” seminars

Developed by Waste Education staff in collaboration with the Sustainability Education Officer and Health Strategy Officer, these four seminars were based on the success of the Hills Shire Council’s “Hills Kitchen Rocks” program. More than 330 participants learnt how to avoid food waste, how to correctly sort waste and live a more healthy life.

 

The Green Bin Bloke Campaign

The Green Bin Bloke character was developed to provide a friendly face to the contamination management and bin inspection program. The aim was to show the community that the bin inspection staff are there to help them “Do the Right Bin”.  The Green Bin Bloke engages with residents at events, explaining how the contamination management program works and how important it is to put food and garden waste in the green lid bin.

 

It is the people behind these programs and events that make them a success. Thankyou for all your effort. This award recognises the work of Council’s creative and innovative education team, and the Penrith community, who are embracing more and more sustainable behaviours.

Councillor Mark Davies

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Australian Organics Recycling Award be received.

  


 

 

 

 

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Reports of Committees

 

Item                                                                                                                                                Page

 

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

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 8 July 2013   7

 

3        Report and Recommendations of the Access Committee Meeting held on 12 June 2013 10

 

 



Ordinary Meeting                                                                                                     22 July 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 July, 2013

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Wayne Mitchell – Executive Manager – Environment & City Development, Adam Wilkinson – Engineering Services Manager, Councillor Marcus Cornish, Matthew Shirvington – Penrith Police, Daniel Davidson – Road Safety Coordinator, Ruth Byrnes – Senior Traffic Officer, Martin Warda – Trainee Engineer, Mark Fittock – Westbus, Senior Constable Mark Elliott – St Marys Police, Darrell Boggs – Ranger.

 

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Mr Mark Holmes – Representative for the Member for Mulgoa.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 June 2013

The minutes of the Local Traffic Committee Meeting of 3 June 2013 were confirmed.

 

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

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

RECOMMENDED

That:

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

2.     The concept plan be amended so that the space between the driveways of property numbers 37 and 39 Anthony Crescent be hatched out to prevent vehicles parking in the space.

3.     The concept plan be amended so that an additional marked parking bay be installed in the space fronting property number 2/2 Anthony Crescent.

4.     The concept plan be amended to remove one proposed marked parking bay at the north eastern extremity of Pearson Street to allow additional manoeuvring opportunities in response to resident’s concerns.

5.     The concept plan be amended to remove one proposed marked parking bay at the northern extremity of the RPA Scheme on Morphett Street to allow additional manoeuvring opportunities in response to resident’s concerns.

6.     The Restricted Parking Area (Park In Marked Bays) Scheme be installed as per the amended concept plan.

7.     Residents of the prescribed area be notified of Council’s resolution.

 

2        Queen St, St Marys - 'No Parking' Pickup and Set Down Point                                   

RECOMMENDED

That:

1.     The information contained in the report on Queen St, St Marys - 'No Parking' Pickup and Set Down Point be received.

2.     Consultation be conducted with affected stake holders regarding the provision of ‘No Parking’ restrictions and the relocation of the ‘Bus Zone’ on Queen Street, near Charles Hackett Drive.

3.     Subject to no substantial objections from the community consultation process a 10m ‘No Parking zone’ be implemented on the northbound approach to the intersection of Queen Street and Charles Hackett Drive intersection (western side of Queen Street) adjacent to the existing timed parking zone.

4.     Subject to no substantial objections from the community consultation process a 5m ‘No Parking’ Zone be implemented on the southbound approach to the intersection of Queen Street and Charles Hackett Drive intersection (eastern side of Queen Street) adjacent to the ‘No Stopping’ restrictions associated with the existing refuge island. The existing ‘Bus Zone’ be moved 5m south.

 

3        32nd Annual Nepean Triathlon - Sunday, 27 October 2013                                         

RECOMMENDED

That:

1.     The information contained in the report on 32nd Annual Nepean Triathlon - Sunday, 27 October 2013  be received.

2.     The applicant consults with NSW Department of Planning and/or Penrith Lakes Development Corporation with regard to access in Old Castlereagh Road (near its termination) for the event route, due to imminent mining of the area.   Any substantial change to the event route will be required to be documented in the Traffic Management Plan.

3.     The applicant consult in person with all affected residents and businesses regarding the proposed closure, with a list of all businesses and comments referred to Council for consideration. Any objections be referred back to the Local Traffic Committee prior to the event.

4.     Subject to no objections from NSW Department of Planning and affected businesses, approval be given for the temporary closure of Old Castlereagh Road, from just west of the Andrews Road/Cranebrook Road roundabout to near its termination, Leland Street, Gordon Street, Camden Street, Lugard Street, Borec Road, Cassola Place, Lemko Place and Jack Williams Drive west of Borec Road from 6:55am to 9:45am on Sunday, 27 October 2013, for the cycle leg of the 32nd Annual Nepean Triathlon, subject to the following conditions:

a.   The event applicant be advised that this is a Class 2 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.

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 event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days 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.

e.  A detailed Traffic Control Plan 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.

f.  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 Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

g.  The event applicant 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.

h.  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.

i.   The event organiser notify Ambulance (Ambulance Service of NSW) 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.

j.   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.

k.  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 be required to be submitted to the next available Local Traffic Committee meeting.

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

m. The event applicant ensure that competitors obey road rules and Police directions during the event.

5.     All works as part of this approval be conducted at no cost to Council.

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

 

4        Mamre Road, St Marys - Installation of "Red-Light Speed Cameras" on Mamre Road and Saddington Street                                                                                                              

RECOMMENDED

That:

1.     The information contained in the report on Mamre Road, St Marys - Installation of "Red-Light Speed Cameras" on Mamre Road and Saddington Street be received.

2.     Council note the information.

 

5        Herbert Street, Cambridge Park - Endorsement of Design Plan for Flagged Children's Crossing                                                                                                                              

RECOMMENDED

That:

1.     The information contained in the report on Herbert Street, Cambridge Park - Endorsement of Design Plan for Flagged Children's Crossing be received.

2.     Council Design Plan AH121 be endorsed for construction.

3.     The existing ‘No Parking’ restriction fronting property number 63 Harrow Road be changed to ‘No Stopping’, with the resident and/or owner to be notified of the change.

4.     Signs and linemarking be funded from the 2013/14 signs and linemarking block grant.

5.     Kerbside blister island construction be funded from 2013/14 Urgent Local Traffic Committee Budget.

6.     Cambridge Park High School be notified of Council’s resolution.

 

6        Regentville Road, Jamisontown - Proposed Provision of Parking Restriction Signage        

RECOMMENDED

That:

1.     The information contained in the report on Regentville Road, Jamisontown - Proposed Provision of Parking Restriction Signage be received.

2.     Residents be advised of Council’s resolution.

3.     Three advisory signs be installed on Regentville Road between Preston Street and Jamison Road that state “Parking vehicles on the verge or grassed area of this street is prohibited - Penalties Apply”. Two signs be provided approximately 7.5m and 10m from Preston Street and one at the northern end of Regentville Road.

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

 

GENERAL BUSINESS

 

GB 1          Higgins Street, Penrith – Road Safety (Raised Penrith Police)                             

The Penrith Police representative advised that earlier this year, several vehicles were issued infringement notices on Higgins Street, Penrith for double parking. Police advised that two notices were challenged in court and the notices upheld. Council’s Road Safety Officer advised that the St Nicholas of Myrna School had been requested to advise parents not to double park in the area, but rather park in a legal location or drive around the block.

RECOMMENDED

That Council note the information.

 

GB 2          Mulgoa Road, Penrith, under M4 Motorway Overpass – Request for Replacement of “No Parking” Signage with “No Stopping” Signage (Raised Councillor Marcus Cornish)   

Councillor Marcus Cornish advised that there is currently “No Parking” signage located along Mulgoa Road, Penrith, under the M4 overpass, and requested that the Roads and Maritime Services replace the signage with “No Stopping” signage to alleviate any confusion for drivers.

The Committee noted that Mulgoa Road is a State Road under the control and management of the Roads and Maritime Services.

RECOMMENDED

That Council write to the Roads and Maritime Services and request that the matter be investigated.

 

 

 

 

GB 3          Mulgoa Road, Penrith and M4 Motorway Westbound Off-Ramp – Request for Review of Intersection (Councillor Marcus Cornish)                                                                

Councillor Marcus Cornish raised concerns about traffic safety at the intersection of the M4 off-ramp, Penrith and Mulgoa Road, Penrith. Westbound vehicles exiting the M4 and turning right onto Mulgoa Road often queue across the intersection and block the right hand turn for vehicles entering the motorway to head west.

The Committee noted that Mulgoa Road is a State Road under the control and management of the Roads and Maritime Services.

RECOMMENDED

That Council write to the Roads and Maritime Services requesting a review of the intersection with consideration being given to the provision of ‘Keep Clear’ linemarking and a potential review of the traffic signal phasing.

 

There being no further business the Chairperson declared the meeting closed the time being 10.15am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 July, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                     22 July 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 8 July, 2013

 

 

 

PRESENT

His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Kevin Crameri OAM, Marcus Cornish, Greg Davies (arrived 7:06pm), Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

APOLOGIES

Apologies were received for Councillors Maurice Girotto and Prue Car.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 17 June 2013

The minutes of the Policy Review Committee Meeting of 17 June 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Outcomes of public exhibition of draft amendment to Development Control Plan 2010 to include Panthers Penrith Precinct                                                                                    

RECOMMENDED

That:

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

2.   Council notes and endorses the recommended refinements to the exhibited draft amendment to Development Control Plan 2010 for the Panthers Penrith Precinct.

3.   Council adopt the amendment to Development Control Plan 2010 as appended 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 Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Jim Aitken OAM

 

Councillor Kevin Crameri OAM

 

Councillor Marcus Cornish

 

Councillor Mark Davies

 

 

Outcome 4 - We have safe, vibrant places

 

2        Presentation of the Draft Penrith Community Safety Plan 2013-2016

Public Domain Amenity and Safety Manager, Yvonne Perkins introduced the report and invited Community Safety Co-ordinator Allison Kyriakakis to give a presentation.

Councillor Jim Aitken OAM left the meeting, the time being 7:13pm.
Councillor Jim Aitken OAM returned to the meeting, the time being 7:17pm.                           

RECOMMENDED

That:

1.     The information contained in the report on Presentation of the Draft Penrith Community Safety Plan 2013-2016 be received.

2.     Council support that the Draft Community Safety Plan be placed on public exhibition for a 30 day period.

3.     Following the 30 day exhibition period, the Draft Community Safety Plan be re-submitted to Council for adoption.

4.     Council’s Community Safety Team and the Penrith Community Safety Partnership be thanked for their efforts in preparing the Draft Community Plan.

 

Outcome 7 - We have confidence in our Council

 

3        2013 Local Government NSW Annual Conference                                                       

RECOMMENDED

That:

1.     The information contained in the report on 2013 Local Government NSW Annual Conference be received.

2.     The issues detailed in the report be submitted for inclusion in the 2013 Local Government NSW Annual Conference Business Paper by 19 July 2013.

3.     An additional Issue be put forward to the Local Government NSW Conference on Regional Infrastructure detailing the need for federal investment to support in particular the transport infrastructure to support growth area councils.

 

There being no further business the Chairperson declared the meeting closed the time being 7:57pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 July, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                                     22 July 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 12 June, 2013

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), Councillor Michelle Tormey, Farah Madon, Melanie Coid, Denise Heath (5.11pm), Councillor Tricia Hitchen (5.13pm), Councillor Marcus Cornish (6.29pm).

 

IN ATTENDANCE

 

Robyn Brookes – Disability Services Officer, Ben Felten – Disability Access Officer, Colin Wood – Fire Safety Certification and Compliance Coordinator, Aimee Lee – Senior Environmental Planner, Pukar Pradhan – Senior Environmental Planner, Kate Smith – Graduate Environmental Planner, Mahbub Alam – Environmental Planner, Graham Howe – Building Project and Maintenance Coordinator, John McConnell – Organisational Learning and Development Coordinator, Joe Ibbitson – Community Programs Coordinator, Erich Weller – Community and Cultural Development Manager, Belinda Borg – Senior Environmental Planner.

 

APOLOGIES

Apologies were accepted from David Currie, Councillor Prue Car and Hans Meijer.

 

Denise Heath arrived at the meeting at 5.11pm.

 

Councillor Greenow OAM read the Mayoral Minute from the Ordinary meeting of 27 May 2013 regarding the passing of Ronda Hopkins.  Members of the Access Committee held a minute’s silence in memory of Ronda.

 

Councillor Greenow OAM advised that a request had been placed at the 27 May Ordinary meeting to explore the possibility of naming the pathway between St Marys and Penrith the ‘Ronda Hopkins Walkway’.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 April 2013

The minutes of the Access Committee Meeting of 10 April 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

4        Development Applications referred to Access Committee                                             

Councillor Tricia Hitchen arrived at the meeting at 5.13pm.

DA13/0375     Reconfiguration of existing unit at 498 Great Western Highway, St Marys for a 24 hour gymnasium

 

Pukar Pradhan introduced the development application for a 24 hour gym at 498 Great Western Highway, St Marys.  The building has two sections with the rear portion to be used by the proposed gym.  The development includes onsite parking with one accessible space, three toilets one of which is accessible, showers in each toilet and an open floor plan.  A side ramp would be used to access the building.

 

Issues discussed by the Committee included:

 

·    the passage width

·    toilets in addition to the accessible toilet to have an ambulant facility

·    the toilet door to swing out

·    24 hour facilities require access and emergency exit during the night with the operation of a button

·    the button should be raised, not flush with the wall

·    security lighting

·    changing facilities

·    use of accessible toilet if someone is in the shower.

 

These issues will be raised with the applicant.

 

DA13/0335     Reconfiguration of existing unit at 569-589 Station Street, Penrith for a 24 hour gymnasium

 

Pukar Pradhan spoke to the development application for a 24 hour gym at 569-589 Station Street, Penrith.  The interior of the ground floor would be redesigned for gym equipment.  Toilet facilities with showers, one accessible toilet and a ramp from the street to the premises to be provided.

 

Pukar Pradhan advised he would carry over the issues from the previous item to this development application.

 

Other issues highlighted by the Committee included:

 

·    an “L” shaped pathway to have 1.5m x 1.5m landing due to chamfered corner in the middle

·    compliant grab rails and TGSIs to be provided

·    access if using Westfield parking

·    possible use of Spotlight parking

·    if the front door is glazed then glazing strips about 900mm from the floor will be required.

 

John McConnell left the meeting at 5.30pm and returned at 5.33pm.

 

 

DA13/0310     Proposed child care centre at 38-40 Bangalla Parade, Glenmore Park

 

Pukar Pradhan presented the development application for a proposed 90 place child care centre at 38-40 Bangalla Parade, Glenmore Park.  The centre will be part of stage 2 of the Glenmore Park release area.  An access report was submitted with the application.

 

Discussion was held regarding the accessible parking space and path of travel into the building.  Pukar Pradhan advised that the ramp would be 11m long.  Concern was raised regarding the ramp needing to be set back and have protruding grab rails.  It would be necessary for someone in a wheelchair to back up every 9m.  It could be extremely dangerous for a person with a disability.  TGSIs would be required at the top and bottom of the ramp.

 

Pukar Pradhan advised that all the carparks were at the rear entry.  It was advised that the front entrance is not acceptable.  A ramp or platform lift would be required.  The application would not comply with the BCA with steps there as 50% of entries should be accessible and there is a subclause that the entries cannot be over 50m apart.

 

Other issues raised by the Committee included:

 

·    the pathway

·    child’s toilets to cater for children with a disability

·    some child care centres are placing one child’s toilet 450 away from the wall

·    provision of accessible shower

·    provision of a footpath in the carpark

·    no disability access to hall

·    all sliding doors on the hall would need a low lying edge

·    number of parking spaces provided

·    the provision of a bus parking bay.

 

Pukar Pradhan left the meeting at 6.03pm.

 

DA13/0286     Community Facility – Child Care Centre at 8-12 Cullen Avenue, Jordan Springs

 

Mahbub Alam presented the development application for a two storey child care centre for 122 children in Jordan Springs.  The centre would operate from 7.00am to 6.00pm weekdays.

 

Mahbub Alam advised that the application provides for an accessible entry with lift access to all levels, 30 car spaces including four accessible car spaces, an accessible 1.2m wide path to the 1.5m main entry, and one accessible toilet with a shower.  The 0-2 year old children would be housed upstairs and the 2-3 and 3-5 year olds would be downstairs.

 

Issues discussed by the Committee included:

 

·    the type of balcony rails

·    a barrier at the top of the stairs

·    position of accessible parking spaces

·    steps should be set back

·    TGSIs, nosing strips, grab rails

·    ambulant facility required in ground floor toilet

·    the hand wash basin does not comply

·    door circulation spaces throughout, all doors need to have latch side and circulation spaces

·    a section of the reception counter to be at a lower height so that a person in a wheelchair can see

·    handrails and TGSIs

·    glazing strips

·    craft sink in playroom 3, upper floor not compliant

·    no accessible bathroom on the upper floor.

 

Mahbub Alam left the meeting at 6.26pm.

 

DA/13/0114    Exhibition Home Village and carpark at 2075 Greenwood Parkway, Jordan Springs

 

Aimee Lee advised that a development application had been received for the exhibition home village and carpark at Jordan Springs. The site is located in Stage 2 of the Jordan Springs development.  The proposal comprises 22 display homes for 10-12 builders.  An access report was submitted with the application.

 

An enquiry was made as to the surface of the carpark.  Aimee Lee advised that it was to be the permanent carpark of the future oval but that details of the materials to be used had not been received.

 

Councillor Marcus Cornish arrived at 6.29pm.

 

Farah Madon expressed concern about the pathway – the fall, surface, width and length.

 

DA13/0262     Proposed multi-deck carpark at Penrith Leagues Club

 

Belinda Borg introduced the development application for Panthers proposed multi-deck carpark.

 

Aimee Lee left the meeting at 6.32pm.

 

The proposed development requires the demolition of two buildings and removal of one tree.  The carpark would be seven levels and accommodate 571 parking spaces. There are 14 accessible parking spaces located adjacent to the lift areas except on the top two levels.  There will be a path on the ground floor through into the building.  Ramp access is available through into the club premises.  Some minor redesigning of the carpark is necessary to address flooding issues.

 

Issues discussed by the Committee included:

 

·    the lift car dimensions will need to comply with AS1735

·    the door opening size

·    level 2 ramp – if there is a dog leg sufficient space is required for a landing – the landing should be minimum of 1.56m

·    width of the ramp

·    TGSIs

·    extended handrails to be provided top and bottom – handrails to be continuous

·    staircase nosing strips with colour contrast

·    signage

·    colouring of parking spaces

·    “Accessible” on the floor

·    bollards

·    path of travel from the carpark to the football ground.

 

Colin Wood left the meeting at 6.49pm.

 

Councillor Greenow expressed disappointment that Panthers staff did not attend the meeting as they had with the stadium development proposal. 

 

DA13/0382     Community Facility – 24 hour gymnasium at Shop 4B Great Western Highway, Emu Plains

 

Kate Smith presented the development application for 24 hour gym at Lennox Village, Emu Plains. 

 

Kate Smith advised she had taken notes from the previous development applications at tonight’s meeting as this gym application was a similar layout.

 

Issues discussed included:

 

·    emergency opening - raised button

·    separate shower and toilet facilities and change rooms

·    circulation space needs to be a minimum of 1.6m

·    pedestrian links between carparking area

·    disabled carparking on the site

·    require 1.25m for passageway

·    door to outside should be close to 1.7m

·    would need an automated entry door to comply with BCA

·    three steps need to be upgraded

·    upgrade of level pedestrian access

·    a level flat landing is required in front of the door – it cannot be a slope

·    TGSIs required

·    handrails

·    gaps and height difference in paving

·    if there is a change of floor material it should be flush

·    a second accessible parking space

·    two exits would be required from a class 9b

·    loading dock to be removed from the rear of the building.

 

DA13/0379     Community Facility – Disability Support Services, 30-36 Caddens Road, Orchard Hills

 

Kate Smith spoke to the proposal for a disability support and respite centre in an existing dwelling on Caddens Road, Orchard Hills.  It is proposed to use this dwelling to operate day programs and offer some respite over the weekend.  Three access ramps are to be provided to access the building.

 

Issues discussed by the Committee included:

 

·    the class the building will be assessed under

·    the number of people using the building overnight

·    passage widths

·    ramp entry to the front of the building

·    an access consultant’s report to be requested

·    door latch side spaces and circulation spaces

·    no ambulant facility has been provided

·    bathrooms are very small

·    no circulation space around beds

·    the gradient of ramps.

 

It was suggested to give comments as a Class 3. 

 

Councillor Greenow requested Colin Wood to follow up on this application.

 

RECOMMENDED that the information contained in the report on Development Applications referred to Access Committee be received. 

 

Kate Smith and Belinda Borg left the meeting at 7.23pm.

 

1        DisabilityCare Australia                                                                                                    

Robyn Brookes advised that the DisabilityCare Australia report provided a summary of the important changes at a State and Federal government level which will impact on people with disability.

 

Robyn Brookes advised that a memo had been sent concerning changes in the National Disability Insurance Scheme legislation regarding who is eligible and how it operates.

 

RECOMMENDED that the information contained in the report on DisabilityCare Australia be received.

 

2        Review of Disability Standards for Accessible Public Transport 2002                         

Ben Felten spoke to the report and advised that the Disability Standards for Accessible Public Transport are reviewed every five years.  Penrith Council hosted a public consultation session on 9 May 2013 when 12 people attended.

 

Ben Felten advised that Access Committee members will be notified when the timetable and draft report become available later in the year.

 

The Committee discussed bus stops and bus shelters in the Penrith area.  It was advised that an audit had been undertaken of bus stops and an accessible bus shelter has been designed.

 

It was agreed to provide further information to the Committee on the bus shelter program.

 

RECOMMENDED

 

          That:

 

1.     The information contained in the report on Review of Disability Standards for Accessible Public Transport 2002 be received.

2.     The Access Committee be notified of the release of the Department of Infrastructure and Transport Draft Report for further comment.

 

3        Disability Awareness Training                                                                                         

John McConnell presented an update report on Disability Awareness Training which was delivered in relation to the Penrith Inclusion Plan – People with Disability 2009-2013.

 

The training includes introduction to disability awareness as part of Council’s orientation program approximately three times a year.

 

Council’s has a diversity training program which is mandatory training for all permanent staff.  This training covers a range of different needs of people in the organisation including discriminatory behaviour, EEO and access and equity provisions.  Disability awareness training primarily relates to staff who are dealing with people in the community who have a range of different disabilities.  These staff primarily work in customer service, children’s services, the library, recreation, as well as rangers and other outdoor staff.

 

Councillor Hitchen commended Council on the increase in employment of people with disability since she was previously on the Access Committee.

 

RECOMMENDED that the information contained in the report on Disability Awareness Training be received.

 

 

 

 

 

 

 

GENERAL BUSINESS

 

GB 1          All Abilities Playground at Thornton                                                                     

Joe Ibbitson advised that the All Abilities Playground at Thornton has been completed and a launch is planned for the morning of Wednesday 10 July 2013.  A formal invitation will be sent out to Access Committee members prior to the event.

 

GB 2          Vacant Position on Access Committee                                                                    

Joe Ibbitson advised that consideration has been given to filling the vacant community representative position on the Access Committee by re-evaluating the expressions of interest received last October.  It is recommended that Emma Husar, who was one of the preferred applicants be appointed to the Committee. Emma Husar is from the Touched by Olivia Foundation and has a child with a disability.

 

RECOMMENDED that the Access Committee recommend to Council that Emma Husar be appointed as a community representative to fill the vacant position on the Committee.

 

GB 3          Councillor Jackie Greenow OAM                                                                          

Councillor Tricia Hitchen congratulated Councillor Jackie Greenow on receiving the Medal of the Order of Australia (OAM).  The Committee applauded Councillor Greenow’s achievement.

 

GB 4          Accessible Seating at Panthers                                                                                

Councillor Tricia Hitchen advised that at the last two home games she has been unable to purchase accessible seating at Panthers.  She has been informed that the four accessible seats outside the Chairman’s lounge are no longer sold due to Health and Safety concerns.  Colin Wood undertook to investigate this situation and report back to the Access Committee.

 

GB 5          Functioning of Access Committee                                                                           

Denise Heath raised the matter of one Committee member having greater knowledge with regard to the Building Code and reliance on that member for information. 

 

A suggestion was made that the role of the Access Committee could be more around social and policy related matters if development applications were referred to an access consultant.

 

Discussion was also held regarding the White Paper and potential changes to the NSW planning system.  Colin Wood also advised that most access issues are picked up at the construction certificate stage.

 

Erich Weller indicated that Council officers will review the way development applications are reported to the Access Committee and present the outcomes of the review to the Committee.

 

GB 6          Penrith Senior Citizens Centre                                                                               

Councillor Cornish referred to General Business Item 8 from the Access Committee meeting minutes of 13 February 2013.  He said that a positive outcome had been reached with the Senior Citizens Centre.  Elderly people would be able to use the toilets in the centre and feel safe and comfortable.  Council is providing the Penrith Senior Citizens Centre with $1,500 towards costs including sign posting.  It is possible this idea could be expanded to St Marys and also be role model for the state.

 

GB 7          Walking Track behind Melrose Hall and Dukes Oval at Emu Plains                 

Councillor Marcus Cornish advised the Committee of the proposed upgrade to the walking track behind Melrose Hall and Dukes Oval.  The surface on the track was in need of resurfacing and the shared pathway would be upgraded with funds from Voted Works.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8.02pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 June, 2013 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Tender Reference 12/13-16, Provision of Childcare Cleaning Services                             1

 

Outcome 2 - We plan for our future growth

 

2        Erskine Park Residential s94 Plan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     12

 

3        Development Application 10/0725.21 Proposed modification to a dwelling design on Lot 13 (No. 6) Coachwood Drive, Claremont Meadows from Type B (2 storey) to Type D (Single storey). Applicant: Cityscape Planning & Projects;  Owner: Mark & Tanya Davies

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     18

 

4        NSW Fire & Rescue Safety Report                                                                                  37

 

5        Development Application 12/0433 - Demolition of existing structures and construction of a 6 storey mixed use building containing 2 commercial units and 35 apartments with basement parking at Lots 100 & 102 DP128213 (No.167-171) Queen Street, St Marys Applicant: Padom Investments & Metropolitan Investments;  Owner: Sondow & Co Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     40

 

6        Development Application 12/0989 Residential attached dual occupancy (No.46) Ironbark Drive, Cranebrook Applicant: NSW Land & Housing Corporation;  Owner: Aboriginal House Office C/- NSW Land & Housing Corporation

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     71

 

7        Proposed Concept Plan for a Mixed Use Development and Stage 1 works for Construction of a Masters Store by Parkview Penrith Pty Ltd at 164 Station Street, Penrith Applicant: Parkview Pty Ltd;  Owner: Urbis

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     93

 

 

 

 

Outcome 3 - We can get around the City

 

8        Federal Government 2014/15 'Nation Building Black Spot Program' Nominations and Funding Acceptance of Projects under the 2013/14 'State 50/50 Black Spot Program'               119

 

9        Roads and Maritime Services (RMS) 2013/14 Road Funding Grants                           123

 

Outcome 4 - We have safe, vibrant places

 

10      Establishment of Alcohol Free Zones and Alcohol Prohibited Areas                            127

 

11      Request for funding for All-Abilities Playground at Jordan Springs                             135

 

URGENT

 

20      2013 Community Building Partnership Program                                                           189

  

Outcome 6 - We're healthy and share strong community spirit

 

12      NSW Government Office of Communities - Sport and Recreation Participation and Facility Program                                                                                                                          145

 

13      Donations to Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Interstate and Overseas Travel                                                                                       151

 

14      Access Committee - Appointment of Community Member                                           158

 

15      NSW Government Transport - Roads and Maritime Services Better Boating Program - Grant Application                                                                                                                     160

 

16      Sportsground Use Agreements                                                                                       164

 

Outcome 7 - We have confidence in our Council

 

17      Constitutional Recognition Update                                                                                171

 

18      2012-13 Loan Borrowing Program                                                                                 177

 

19      Summary of Investments & Banking for the period 1 June 2013 to 30 June 2013       180

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Tender Reference 12/13-16, Provision of Childcare Cleaning Services                             1

 

 



Ordinary Meeting                                                                                                     22 July 2013

 

 

 

1

Tender Reference 12/13-16, Provision of Childcare Cleaning Services   

 

Compiled by:               Jade Bradbury, Acting Children's Services Manager 

Authorised by:            Jade Bradbury, Acting Children's Services Manager    

 

Outcome

We can work close to home

Strategy

Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities

Service Activity

Deliver high quality children's services

       

 

Executive Summary

A tender for the provision of Childcare Cleaning was advertised on 12 and 16 April 2013 and closed on 9 May 2013.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Academy Services (NSW) Pty Ltd be accepted for the provision of Childcare Cleaning Services on an as required basis for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods, subject to satisfactory performance.

 

Background

Tenders were advertised in the Western Weekender and the e-tendering website on 12 April and in the Sydney Morning Herald on 16 April and closed on 9 May 2013 for the reliable and cost effective performance of Childcare Cleaning Services on an as required basis.

 

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 the provision of cleaning the Childcare centres.

 

All prospective tenderers were invited to attend a pre-tender briefing on 18 April 2013.  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 Jade Bradbury (Children’s Services Business Coordinator), Kylie Brennan (Glenmore Park Child and Family Centre Coordinator) 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 tender 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.

3.       Conduct a meeting to discuss with the tenderers’ key staff regarding the content of their tender.

 

Tender Evaluation Criteria

 

The 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 17 tenders and one late tender by Advanced National Services were received from the following respondents (listed in alphabetical order) in response to the advertised tender:

 

Tenderer

Location of the business

Academy Services (NSW) Pty Ltd

Unit 7/20 Barcoo Street  Roseville NSW 2069

Advanced National Services

30 Telford Circuit, Yatala Qld 4207

ADZ Cleaning Services Pty Ltd

Unit 3 159 Arthur St Homebush West NSW 2140

AMC Commercial Cleaning

7/56 Church Avenue  Mascot NSW 2020

ARSK Aust Pty Ltd

1/80 Haldon St Lakemba NSW 2195

Cleanjay

5 Halsley Street  Hassall Grove NSW 2761

Four J's Cleaning Services

583 The Horsley Drive  Smithfield NSW  2164

GAVS HOLDINGS Pty Ltd as trustee for the GAVS Trust trading as Clean Business Services

Suite 1 , 1215 Botany Road   Mascot  NSW  2034

Jamm Corp Pty Ltd trading as iClean Operations

PO Box 960  Brookvale NSW 2100

JEJ Australia Pty Ltd T/as KidSafe Cleaning

2/25 Oxford St  EPPING NSW 2121

Jonao Group Pty Ltd

78 Dongola Circuit  Schofields NSW 2762

Kalloza Environmental Services

3/16 Clifford Street  Mosman NSW 2088

Northern Contract Cleaning Pty Ltd

142/2-18 Buchanan Street  Balmain NSW 2041

Solution Cleaning Services Pty Ltd

Unit 5D, 16 Mars Rd  Lane Cove NSW 2066

Star Property Maintenance NSW Pty Ltd

6 Twenty Seventh Ave  West Hoxton NSW 2171

Statewide Quality Services Pty Ltd

74 Railway Parade  Canley Vale NSW  2166

The Sparkle Team Pty Ltd trading as TST Property Services

3/77 Newton Road  Wetherill Park NSW  2164

VDG Pty Ltd

22/31 Govenor Macquarie Drive  Chipping Norton NSW 2170

 

The tender received from Advanced National Services was not considered by the Tender Evaluation Panel because it was received after the close of tenders.

 

Price Evaluation

 

Prices were requested for the following type of services:

 

·    Weekly cleaning cost as per cleaning schedule         

·    Additional costs including establishment fee 

·    Minimum or additional charges applicable for providing any of the services

·    Total average staff hours allowed per clean per day

·    Number of staff allocated per centre per clean         

·    Supervisory hours/quality inspections per week       

·    Total weekly cost

 

The table below ranks the tenders received from lowest to highest in respect of Council’s estimated annual expenditure.

 

Tenderers

Price

ARSK Aust Pty Ltd

$18,324.00

The Sparkle Team Pty Ltd trading as TST Property Services

$206,711.00

Northern Contract Cleaning Pty Ltd

$281,120.00

Statewide Quality Services Pty Ltd

$309,400.00

Academy Services (NSW) Pty Ltd

$349,843.20

AMC Commercial Cleaning

$389,550.00

Solution Cleaning Services Pty Ltd

$393,987.50

VDG Pty Ltd

$439,830.00

Four J's Cleaning Services

$453,354.20

Kalloza Environmental Services

$464,330.00

ADZ Cleaning Services Pty Ltd

$511,016.00

Star Property Maintenance NSW Pty Ltd

$550,500.00

Jonao Group Pty Ltd

$561,645.00

GAVS HOLDINGS Pty Ltd as trustee for the GAVS Trust trading as Clean Business Services

$646,839.90

JEJ Australia Pty Ltd T/as KidSafe Cleaning

$650,000.20

Jamm Corp Pty Ltd trading as iClean Operations

$947,076.00

Cleanjay

$1,279,460.00

Criteria Evaluation

 

Following the evaluation of the seventeen (17) tenders, the Tender Evaluation Panel determined that the tender provided by ARSK Aust Pty Ltd specified an insufficient number of cleaning hours to undertake the work and their tender was not considered any further by the Panel.  The costs submitted by ADZ Cleaning Services Pty Ltd, Star Property Maintenance NSW Pty Ltd, Jonao Group Pty Ltd, GAVS Holdings Pty Ltd (as trustee for the GAVS Trust trading as Clean Business Services), JEJ Australia Pty Ltd (as KidSafe Cleaning) Jamm Corp Pty Ltd (trading as iClean Operations) and CleanJay are excessive in comparison to the other tendered prices and the Tender Evaluation Panel determined that there was no advantage to Council in considering their tenders any further.

 

The remaining 9 tenderers were then assessed for capability and cost.

 

Sparkle Team Pty Ltd trading as TST Property Services

Northern Contract Cleaning Pty Ltd

Statewide Quality Services Pty Ltd

Academy Services (NSW) Pty Ltd

AMC Commercial Cleaning

Solution Cleaning Services Pty Ltd

VDG Pty Ltd

Four J's Cleaning Services

Kalloza Environmental Services

 

Capability

 

Following the capability assessment against the evaluation criteria the Tender Evaluation Panel determined that the tenders submitted by Academy Services Pty Ltd, Solutions Cleaning Services Pty Ltd and AMC Commercial Cleaning demonstrated a much higher level of ability against the evaluation criteria, than the offers submitted by Sparkle Team Pty Ltd trading as TST Property Services, Northern Contract Cleaning Pty Ltd, VDG Pty Ltd, Four J's Cleaning Services and Kalloza Environmental Services.  For the latter tenderers, the particular areas of concern are listed below:

 

·     Sparkle Team Pty Ltd trading as TST Property Services: Allocation of staff to cleaning hours was not adequate given the time constraints

·     Northern Contract Cleaning Pty Ltd: Allocation of staff to cleaning hours was not adequate given the time constraints

·     Four J’s Cleaning Services: Information was not provided for staff recruitment, training and development and equal employment opportunity. Information was also not provided to demonstrate that they use cleaning products and chemicals that are non-toxic and safe for the environment.

·     Kalloza Environmental Services: Allocation of staff to cleaning hours was not viable based on time constraints.

 

 

 

Cost

 

The annualised cost for each of the remaining tenderers is shown in the following table. Also included is the number of annual staff hours allocated to complete all cleaning tasks:

 

Tenderer

Annual Cost

Allocated Staff Hours for the year (not including supervisory hours)

The Sparkle Team Pty Ltd trading as TST Property Services

$206,711.00

6892

Northern Contract Cleaning Pty Ltd

$281,120.00

9625

Statewide Quality Services Pty Ltd

$309,400.00

13000

Academy Services (NSW) Pty Ltd

$349,843.20

12910

AMC Commercial Cleaning

$389,550.00

11525

Solution Cleaning Services Pty Ltd

$393,987.50

11500

VDG Pty Ltd

$439,830.00

15125

Four J's Cleaning Services

$453,354.20

15125

Kalloza Environmental Services

$464,330.00

15000

 

Comments

 

The number of hours allocated by both Northern Contract Cleaning Pty Ltd and The Sparkle Team Pty Ltd trading as TST Property Services were substantially lower than the hours allocated for the remaining tenderers.

 

The Panel were of the opinion that the hours allocated were insufficient to undertake the work to be performed in the tender to a high standard.  Accordingly, the tenders for these two companies were not considered further by the Panel. The cost submitted by VDG Pty Ltd, Four J’s Cleaning Services and Kalloza Environmental Services are higher in comparison to the other tendered prices and the Tender Evaluation Panel determined that there was no advantage to Council in also considering their tenders further.

 

Referral of the tender to the Children’s Services Cooperative Board

 

At the Board’s Meeting on 27 June 2013, the Council’s Children’s Services Business Coordinator advised on the progress for the tender for the cleaning of child care centres and indicated that interviews were progressing well with the tenderers, with the tender due to be finalised by the end of July 2013.

 

Shortlisted Tenderers

 

Following Phase 1 & 2 of the evaluation process the Tender Evaluation Panel determined that the following tenderers were the most advantageous to Council and were short listed for further evaluation:

 

•  Academy Services PTY LTD

•  Statewide Quality Services Pty Ltd

•  Solutions Cleaning Services Pty Ltd

•  AMC Commercial Cleaning        

 

Interviews with Prospective Tenderers

 

The Tender Evaluation Panel conducted interviews with each of the short listed tenderers to meet with key staff and to further evaluate their capability in regard to the following criteria:

•        Understand the scope of the works required, including equipment that each company would allocate to this contract; and

•        Information on methodology, staffing and clarification of Awards utilised for payment of wages

 

Comments on Interviews

 

Academy Services (NSW) Pty Ltd

Academy Services (NSW) Pty Ltd is located at Unit 7/20 Barcoo Street, Roseville, NSW, 2069. Shareholders are Glen E Browne- 65% and Paul A R Rowse - 35%. Established in 1979 Academy Services provide contract cleaning services for various government departments including a number of schools. They have quality certification to ISO9001:2008 and currently provide cleaning services to 20 SDN Children’s Services sites across NSW.

 

Solution Cleaning Services Pty Ltd

Solution Cleaning Services Pty Ltd is located at Unit 5D, 16 Mars Rd, Lane Cove, NSW, 2066 and the business owner is Andres Angel Soldado. They have quality certification to ISO9001:2008 and currently clean multiple site facilities including 30 X-ray/Ultra Sound Clinics for I-Med Network in Sydney and Canberra. They do however have limited experience in cleaning child care facilities.

 

AMC Commercial Cleaning

AMC Commercial Cleaning is located at 7/56 Church Avenue, Mascot, NSW, 2020 and Stephen Coade, Hemant Jamnadas and James Han are on the board of directors. With over 20 years experience they operate primarily as a commercial cleaning service. They have quality certification to ISO9001:2008 and they are currently providing cleaning services to 22 childcare facilities across NSW.

 

Statewide Quality Services Pty Ltd

Statewide Quality Services Pty Ltd is located in Canley Vale and has been operating since 1998. They provide cleaning services to a number of business sectors including, Shopping Centres and Government Buildings. They are accredited with ISO9001:2008 and are currently cleaning the administration building of Liverpool City Council however they have limited experience with child care facilities.

 

Preferred Tenderer

 

Each tenderer shortlisted was assessed against the tender evaluation criteria and the individual unit rates submitted.  The assessment process showed that all short listed tenderers were capable of providing the service required.  However, Statewide Quality Services Pty Ltd and Academy Services (NSW) Pty Ltd offered the best annual prices based on their allocation of staffing hours required to clean the sites.

 

Statewide Quality Services Pty Ltd offered the most competitive price however the Tender Evaluation Panel had concerns over the number of supervisory hours that were allocated to manage cleaning quality control at each of the sites. Statewide Quality Services Pty Ltd only allocated 13 hours per week to supervise and manage the cleaning of 27 sites.

 

Statewide Quality Services Pty Ltd indicated that they would allocate a Supervisor that is currently managing contracts in the Western Suburbs of Sydney, Newcastle and the Blue Mountains area to manage the Council’s sites.

Academy Services (NSW) Pty Ltd on the other hand allocated 28.5 supervisory hours per week which provided a better representation and understanding of the different sites, their sizes and number of rooms.

 

Academy Services (NSW) Pty Ltd advised that it would allocate a Supervisor that was directly responsible for the Penrith Council Children’s Services Contract. Additionally, the Company provided extensive details on their quality control processes which included an on-line checklist reporting system that would be submitted electronically to a Centre. This process is an enhanced mechanism to measure cleaning performance at the Centres.

 

The issue relating to the amount of supervision provided by Statewide Quality Service Pty ltd was raised with the representative of the Company during the interview process.  The Tender Evaluation Panel were advised that if additional hours were required to supervise the Council’s services the nominated Supervisor would undertake this work, in addition to their pre-existing workload.  The Panel are concerned that this approach to supervising the cleaning of centres may adversely impact on the hygiene of our child care centres. In an industry like Children’s Services, where disease and illness can spread quickly, the cleaning quality must be managed and maintained to a high level at all times.

 

In the past there has been concerns with the standard of cleaning at our child care centres.  The limited number of supervisory hours to be provided by Statewide Quality Services Pty Ltd is a concern to the Panel, particularly given that the Supervisor nominated for this Contract has a number of other Contracts to manage that are remote from the Penrith LGA.

 

Referee checks for both companies were undertaken with Academy Services (NSW) Pty Ltd being superior in regards to quality control and management.  Statewide Quality Services Pty Ltd did not provide any specific information in their tender documents to address the qualitative criteria specified within the tender requirements.  At the interview stage Statewide Quality Services Pty Ltd was requested to provide additional information to clarify the documentation they submitted in their original tender documents.  At this time, the Company provided only minimal information and did not include a range of specific details, or provide the answers to the qualitative criteria that were included in the original document.

 

During 2012/2013 the Council paid the current Contractor an amount of $360,000 which is approximately $11,000 above the amount tendered by the preferred tenderer, Academy Services (NSW) Pty Ltd to perform this contract.

 

Conclusion

 

Based on the detailed evaluation, analysis of staffing levels to be provided, compliance requirements, quality control and cost rankings, the tender that represents the most advantageous to Council was received from Academy Services (NSW) Pty Ltd and they are recommended for appointment by the Tender Evaluation Panel. The company demonstrated through their tender, interview process and reference checks that they have an excellent understanding of the scope of requirements and have provided a sound methodology for ensuring a high quality of service.

 

The allocation of a supervisory staff member by Academy Services (NSW) Pty Ltd that will be responsible for managing this contract to ensure that the quality of service is maintained is highly regarded by the Tender Evaluation Panel. The Panel are cognisant that the recommended tenderer is not the cheapest but the Panel are confident that the company will provide effective cleaning of our child care centres at a cost that is lower than what we paid in 2012/13 to our current contractor. Academy Services (NSW) Pty Ltd pays their staff in accordance with NSW State Award AN120123 – Cleaning Services.

 

Financial Services Manager’s Comments

 

Included in the assessment of the tender was the commissioning of independent reference checks, financial analysis, and performance analysis on Academy Services (NSW) Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. The preferred tenderer has been in operation since April 2012, and a formal rating was not provided by Corporate Scorecard. Based on the review by Financial Services, no issues were raised as to the ability of Academy Services (NSW) Pty Ltd to perform the services described. A positive referee check was provided within Corporate Scorecard’s report. Given the type of contract, there would be minimal risk to Council as any financial exposure would be limited to payments outstanding for services performed.

 

The tendered cost of $349,843 by Academy Services (NSW) Pty Ltd is covered in the 2013-14 Operational Plan allocation for Childcare Cleaning Services.

 

Tender Advisory Group (TAG) Comment

 

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the Provision of Childcare Cleaning.

 

The TAG made a number of enquiries with the Tender Evaluation Panel regarding the evaluation of the short listed tenders, in particular the level of supervision being allocated by both companies.  The TAG supports the methodology used with the assessment of tenders and the recommended tenderer contained within this report.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 12/13-16, Provision of Childcare Cleaning Services be received.

2.     A contract for the provision of childcare cleaning for a period of three (3) years, with an option to extend for a further two (2) by one (1) year periods, subject to satisfactory performance, be awarded to Academy Services (NSW) Pty Ltd for the annual cost of $349,843.20.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Erskine Park Residential s94 Plan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     12

 

3        Development Application 10/0725.21 Proposed modification to a dwelling design on Lot 13 (No. 6) Coachwood Drive, Claremont Meadows from Type B (2 storey) to Type D (Single storey). Applicant: Cityscape Planning & Projects;  Owner: Mark & Tanya Davies

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     18

 

4        NSW Fire & Rescue Safety Report                                                                                  37

 

5        Development Application 12/0433 - Demolition of existing structures and construction of a 6 storey mixed use building containing 2 commercial units and 35 apartments with basement parking at Lots 100 & 102 DP128213 (No.167-171) Queen Street, St Marys Applicant: Padom Investments & Metropolitan Investments;  Owner: Sondow & Co Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     40

 

6        Development Application 12/0989 Residential attached dual occupancy (No.46) Ironbark Drive, Cranebrook Applicant: NSW Land & Housing Corporation;  Owner: Aboriginal House Office C/- NSW Land & Housing Corporation

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     71

 

7        Proposed Concept Plan for a Mixed Use Development and Stage 1 works for Construction of a Masters Store by Parkview Penrith Pty Ltd at 164 Station Street, Penrith Applicant: Parkview Pty Ltd;  Owner: Urbis

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     93

 

 



Ordinary Meeting                                                                                                     22 July 2013

 

 

 

2

Erskine Park Residential s94 Plan   

 

Compiled by:               Anthony Milanoli, Senior Environmental Planner

Authorised by:            Paul Grimson, Manager - Strategic Planning  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the needs of a growing population

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

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

 

Executive Summary

The delivery of all infrastructure funded under the Erskine Park Residential s94 Plan has left $309,000 in contributions which needs to be spent. This report identifies a number of options for consideration by Council in spending these contributions. The spending options include installing outdoor gym equipment, improving parks and providing air conditioning for a community hall.

 

This report also examines the need to rescind the Erskine Park s94 Plan and to consider reclassifying and rezoning several Council-owned sites identified in the Plan which are no longer required to meet community and drainage needs.

 

If Council resolves to rescind the Erskine Park s94 Plan, future additional residential development in the area will still pay contributions for District Open Space and Cultural Facilities, subject to the limitations of the new NSW Planning legislation.

Background

The Erskine Park Residential Release Area Development Contributions Plan (s94 Plan) has applied since development of the suburb in the mid 1980s. The Plan applies to Erskine Park and some areas of St Clair. The most recent version of the Plan was adopted by Council in March 2004. The Plan levies contributions on new residential lots or dwellings to provide the following Council facilities:

·     Drainage

·     Open space (land and facilities)

·     Community facilities (childcare facilities, a neighbourhood centre and land)

·     Road and traffic management facilities

·     Pedestrian laneways

·     Street trees; and

·     S94 Plan Administration.

Completion of facilities funded by the s94 Plan

Since the commencement of the s94 Plan, new facilities have been progressively delivered throughout Erskine Park to meet the needs of new residents. The last facility requiring resolution was a drainage basin in Explorers Way, St Clair. In December 2012 an independent study concluded that a remaining drainage basin to be funded by the Plan was no longer required. Drainage requirements are now delivered via basins completed by the Roads and Maritime Service for the M4 motorway and through drainage incorporated in residential subdivision of the St Clair and Erskine Park estates.

 

As a consequence of the drainage basin no longer being required:

·    $309,000 in contributions which would have been used to purchase land in Explorers Way for the basin and its construction, can now be allocated to embellishing other facilities described in the Plan.

·    The Erskine Park Residential Release Area s94 Plan can be rescinded

 

Spending remaining s94 Plan contributions

$309,000 in contributions remains unspent in the s94 Plan account.  These remaining funds can be spent on augmenting facilities described in the current s94 Plan or the Plan will need to be amended to provide for construction of alternative facilities. Remaining funds cannot be used for infrastructure maintenance or rectification.

 

The range of facilities included in the Erskine Park s94 Plan upon which remaining funds might be spent includes:

·     Park improvements

·     Community facility improvements/additions

·     Street tree planting

·     Pedestrian laneway upgrades/extensions

·     Drainage

 

If Council wished to spend remaining s94 contributions on facilities not included in the Plan (such as footpaths), this would require exhibiting and bringing into force an amended s94 Plan endorsed by the Department of Planning and Infrastructure (DP&I).  This process would take at least 6 months. Additionally, the future of currently held contributions under the new Act is uncertain as it is proposed that contributions not be held for more than three years. To ensure we retain authority over the allocation of existing contributions and given the restrictions on amending the s94 Plan to fund other facilities, this report proposes spending remaining plan funds as soon as practicable.

 

Identifying options for spending contributions

To provide Council with a range of projects on which the remaining $309,000 in contributions may be spent, we reviewed the 2010 Erskine Park Residents’ Needs Survey and consulted with relevant Council departments, as discussed below.

 

Erskine Park Residents Needs Survey

Between March and August 2010, the community organisation known as “St Clair Youth and Neighbourhood Team” surveyed 2,000 households in Erskine Park and St Clair to identify community needs.  A total of 292 survey responses were received. The survey responses requested improvements to parks, footpaths, bus shelters and street lighting. Of these requests, only improvements to parks and selected pedestrian laneway paths could be funded with remaining s94 contributions. Parks and paths are among the expenditure options to be presented to Council.  The other facilities requested by residents would need to be financed through alternative, non-s94 sources.

 

 Council Departments’ suggested facilities

Staff from Community Development, Parks, Recreation, Engineering Services and City Works were consulted regarding s94 Plan-related projects which might be funded using remaining contributions and presented several options discussed in the table below.

 

Project merit assessment criteria

To ensure compliance with relevant s94 spending limitations and to maximise the positive community impact of improved facilities, expenditure projects suggested in the Resident Needs Survey and by officers were assessed against the following criteria:

 

·     The works augment those facilities identified for funding under the Erskine Park s94 Plan

·     The works satisfy the legislation, case law and Departmental guidelines for s94 planning

·     The works may serve a broad cross section of Erskine Park residents;

·     The works may integrate with existing facilities in Erskine Park;

·     The works are consistent with other Council objectives (e.g. neighbourhood renewal); and

·     The works may have minimal ongoing maintenance and running costs.

 

Expenditure Options

Applying the above assessment criteria, the following facilities are presented to Council as options for spending remaining contributions:

 

Table 1 – Suggested expenditure to utilise remaining contributions

 

Suggested Facility

Proposed Works

Estimated Cost

 

Outdoor Gym Equipment –

Colorado Drive/Denver Road park.

 

Install outdoor gym equipment, seating, lighting and bins either in a single location or in a circuit as determined through a park design strategy.

Accessible/all ability play equipment is also to be delivered through asset renewal and the local open space s94 plan.

 

$90,000

Seniors and all ages walking circuit and pathway link through park to the school.

 

Colorado Drive/Denver Road park.

Additions and embellishment to the current walking circuit to improve suitability for older persons (e.g. footpaths, rest seats/shelters, bubblers, etc) and path access to the school.

 

$21,000

Hall Air Conditioning –

Erskine Park Community Hall (Peppertree Drive).  

Purchase and installation of air conditioning in the hall

$48,200

Additional netball court & lighting.

Chameleon Drive, adjoining existing netball courts.

Additional netball court adjoining or near existing courts.

Additional lighting.

$72,300

Park improvement -                  Between Pacific Road & Phoenix Crescent

Seating, play equipment, planting, lighting, paving, shade etc as required or appropriate, to complement existing facilities.

$45,000

Park Improvement –

Erskine Park Park

Install railings around park to deter unauthorised vehicles entering and anti-social behaviour.

$10,000

Park improvement –                  Fantail Crescent.

Seating, planting, paving, embellishments, etc as required or appropriate, to complement existing facilities.

A piece of all ability/accessible play equipment if any savings arise from other projects.

$5,000

Laneway  footpath extension - Whipbird Place

A pathway link between the two laneways in Whipbird Place and Swallow Drive, a popular route to the bus stop for surrounding streets

$7,500

Laneway  footpath extension - Cockatoo Road

Extension of the pedestrian laneway footpath at the cul-de-sac head to the lane, linking through to Skylark Crescent

$10,000

TOTAL

 

$309,000

 

East Ward Councillors’ Briefing

The Erskine Park Residential Area is located in Council’s East Ward. On 17 June, 2013 East Ward Councillors attended a briefing which explored draft options for spending the remaining contributions. Following discussion, the Councillors determined an amended list of spending options, as outlined in Table 1 above. These facilities satisfy the legislative limitations on contributions planning, meet the expenditure criteria outlined in this report, will meet community needs and accordingly, are supported. Changes to the proposed spending options arising from the Councillor briefing included:

 

 - incorporating more lighting;

 - building a new netball court and lighting on Chameleon Drive Park

 - providing direct access paths to schools in Colorado Drive park;

 - more accessible/inclusive play facilities and

 - re-examining laneway connectivity.

 

 

Corporate Planning Issues arising from conclusion of the s94 Plan

In addition to the need to spend remaining s94 contributions, Council also needs to examine Council-owned sites in Erskine Park acquired – or intended to be acquired - through the s94 Plan which may no longer be required to meet community needs. These sites are discussed below:

Drainage land

Two sites in St Clair, being land at the rear of No.s 94-100 Explorers Way and No.6 Fuller Place, which had been zoned for acquisition, will now no longer be required and may be rezoned. Similarly, the adjoining sites already acquired in Fullers Place and Ashwick Circuit, will no longer be required for drainage purposes and may also be reclassified and rezoned. These will be matters for consideration by the Property Services Department in a future rezoning and reclassification LEP.

 

Community Facility Land in Chameleon Drive

In previous decades, No. 25 Chameleon Drive, Erskine Park was acquired under the s94 Plan for a “neighbourhood facility”. Community Development has now confirmed that a facility will no longer be required on this site and hence the land is surplus to Council needs. This land may now be re-classified and rezoned, enabling it to be sold.

 

The futures of the above sites warrant consideration for reclassification, possible rezoning in a future LEP that may address all Council’s surplus assets and ultimately, possible sale. Legal advice on the issue states that given these sites were acquired using contributions under the Erskine Park s94 Plan, “the proceeds from the sale of assets gained from the s94 Plan should be spent in the area to which the s94 Plan applies. This means that existing facilities could be embellished or alternatively a new facility could be constructed.” On this basis, funds raised from the sale of any surplus assets acquired through the s94 Plan offer potential to further improve the Erskine Park/St Clair area into the future.

 

Next Steps

The next steps in concluding the operation of the Erskine Park Residential Release Area s94 plan are as follows:

 

1.    Council adopts the list of projects it wishes to fund using the available contributions.

2.    Contributions are allocated to the relevant projects.

3.    The Plan is rescinded.

4.    Future additional residential development in Erskine Park is subject to contributions under the District Open Space and Cultural Facilities s94 Plans, subject to the limitations of the new Planning legislation.

5.    Facilities funded by the contributions are completed over the next 12-18 months.

6.    Council examines the futures of selected drainage and community facilities in Erskine Park as part of its overarching review of surplus facilities. Should these lands prove to be surplus to needs, their classification and zoning can be considered as part of a separate LEP.

 

Even with the cessation of the Contributions Plan, a minor number of residential developments may still proceed under older consents. In this event, it is proposed these contributions be allocated to additional park improvements (including accessible play equipment, seating, lighting and paths), consistent with the Plan and the conclusions of the East Ward Councillors’ Briefing.

Conclusion

Erskine Park is now an established suburb. The Erskine Park s94 Plan has helped the suburb achieve this status by funding appropriate new facilities for the incoming residential population.

 

With only $309,000 in contributions remaining unspent from the s94 Plan, the reasonableness of our levy is demonstrated by the fact this sum represents a cost variation of 1.1% of the $30 million value of facilities. This minimal variation is impressive, considering the Plan applied over a 30 year period.

 

Remaining s94 contributions should now be allocated by Council to further improve those facilities described in the Plan. The list of facilities arrived at following the East Ward councillors’ briefing will achieve expenditure of remaining contributions and is supported. Upon allocation of remaining contributions, the s94 Plan should be rescinded. Council’s corporate planning responsibilities for Erskine Park should now include considering the future of the community facility and drainage land which may no longer be required to achieve Council’s infrastructure objectives.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Erskine Park Residential s94 Plan be received.

2.     Contributions remaining in the Erskine Park Residential Release Area Development Contributions Plan be allocated to projects either described in the relevant tables of this report or as determined by Council, consistent with the legal and State Government limitations applying to development contributions.

3.     The Erskine Park Residential Release Area Development Contributions Plan be rescinded.

4.     If any further contributions are paid in relation to existing development consents, these be allocated to additional park improvements (including accessible play equipment, seating, lighting and paths), or floodlighting of Peppertree Reserve.

5.     Land at the rear of No.s 94-100 Explorers Way, Erskine Park no longer be acquired and the owner of that land be notified accordingly.

6.     Council examine the futures of community facility land at Chameleon Drive and drainage land at Explorers Way, Ashwick Circuit and Fullers Place as part of the Property Department’s overall assets review and be subject to the “Planning Proposal for Reclassification and Rezoning of Certain Lands” if appropriate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     22 July 2013

 

 

 

3

Development Application 10/0725.21 Proposed modification to a dwelling design on Lot 13 (No. 6) Coachwood Drive, Claremont Meadows from Type B (2 storey) to Type D (Single storey).  Applicant:  Cityscape Planning & Projects;  Owner:  Mark & Tanya Davies   

 

Compiled by:               Gavin Cherry, Principal Planner North

Authorised by:            Colin Wood, Acting Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

      

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 Section 96(1A) application, which proposes to modify the design of the dwelling on Lot 13 by replacing the two-storey design with a single storey design. It is noted that the Development Application has been submitted on behalf of Mr Mark Davies (Mayor) - who is the owner of the site and as such the matter is reported to Council for determination.

On 23 November 2010, Council under delegated authority approved DA 10/0725 for an Approved Integrated Housing development for a 21-lot Torrens Title Subdivision and Construction of a Dwelling on each lot.

The site is zoned 2(b) Residential (Low Density) under the provisions of the Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).  The proposed modifications to an existing approved dwelling house are permissible in the zone subject to Council’s consent. 

The proposed modifications were placed on exhibition between 14 June 2013 and 28 June 2013 and notified to 22 properties.  Council has not received any submissions objecting to the proposal.  An assessment of the proposed modification under section 79C and section 96(1A) of the EP&A Act have concluded that the proposal is substantially the same development and is consistent with the relevant environmental planning instruments. Therefore the application is recommended for approval. 

Site & Locality

The subject site, Lot 13 DP 1160574, is located on the eastern side of Coachwood Drive approximately 20m south of its intersection with Central Park Drive.  Lot 13 has a frontage of 10.5m, a depth of 33m, and a total site area of 346.5m2. The site has a minor fall of approximately 400mm from east (rear) to west (front) and a cross-fall of approximately 300mm from the southern boundary to the northern boundary.

Approved Development

The approved integrated housing development included subdivision to create 21 lots and construction of 21 dwellings and associated landscaping.

Details of the broader approved development are as follows:

·       The approved lots have an east west orientation.

·       The lot size varies from 346.5sqm to 462.9sqm.

·       The frontage width varies from 10.5m to 16.3m.

·       Landscape provision varies from 48% to 69%.

·       The dwellings have variable front setbacks of 4m and 5.5m.

·       Nil/reduced setback to the northern boundary to garages except for Lots 5, 10 and 11.

·       Five different housing designs in single and two-storey construction are proposed (Types A-E).

·       Each dwelling contains four bedrooms, a family room, a living room, a kitchen, a laundry, sanitary facilities and a double garage. 

Lot 13 was previously approved as a type ‘B’ dwelling that incorporated a 2 storey design.

The Proposed Modifications

Under the provisions of Section 96(1A) of EP&A Act 1979 the proposed modified development includes the following aspects:

·        Conversion from a two (2) storey ‘type B dwelling’ to a single storey ‘type D dwelling’ with the following key changes:

 

Reduction in height from two to one storey;

Reduction in floor space;

Altered floor plan;

Modified setbacks (including a zero lot line to the garage and bedroom to 30% of façade length); and

Modified external finishes;

 

An amended BASIX Certificate has been submitted with this application.

 

The following table provides a comparison of changes to key development standards between the approved and modified dwelling form.

 

Lot

Site Area (m2)

Frontage (m) at building line

House type

Storeys

Beds

Landscape Area (%)

Rear Setback (m)

Minimum Side Setback (m)

Approved

375

12.5

B

2

4

56

15.5

0.18

Modified

375

12.5

D

1

4

43.64

6.37

0-1.35

Planning Assessment

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

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 provided several key provisions are satisfied. These parameters are briefly discussed below.

(a)  The proposed modifications are of minimal environmental impact.

The proposed modification seeks to modify design of the dwelling on Lot 13 DP 1160574 by replacing the two-storey design with a single storey design. It is considered that the proposed modification will reduce the extent of impacts associated with the original proposal, particularly in terms of overshadowing and privacy to the adjoining allotments. The proposal will have no more than minimal environmental impact. 

(b)  The modified development is substantially the same development as was previously approved.

The original development consent granted approval for a 21 lot subdivision and construction of a dwellings on each lot. The number of lots, and dwellings, created by the original consent and the overall subdivision pattern of the development remains unchanged.  

According to the original consent Lot 13 was to contain a two-storey dwelling.  The ground floor of the approved dwelling consists of a double garage, a living room, a kitchen, a family room, a laundry and amenities.  The first floor consists of four bedrooms and amenity facilities.  The application involves amendment to the approval by replacing the two-storey construction with a single storey construction containing 4 bedrooms, a single garage, a family/dining area and a kitchen, a laundry and amenity facilities. 

It is considered that the amendment to the approved dwelling type (Type B) to another dwelling type (Type D) is substantially the same development. It is therefore considered that the proposed modification is substantially the same development for which the consent was originally granted.

(c)  The application has been notified where required.

In accordance with Clause B13 to B16 in section 2.7 of the Penrith Development Control Plan 2006, the application was publicly exhibited between 14 and 28 June 2013 and notified to 22 properties. No submissions were received in response.

(d)  Any submissions received from the notification process have been considered.

Not applicable.

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 as discussed below. 

Subsection (4) - The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

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.

Matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979

In accordance with Section 96(3) of the EP&A Act an assessment of the amended proposal has been undertaken against the relevant matters of Section 79C(1) as follows:

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

State Environmental Planning Policy - Building Sustainability Index (2004)

To encourage sustainable residential development, all new dwellings must comply with the provisions of State Environmental Planning Policy – Building Sustainability Index (BASIX).

An amended BASIX Certificate for Lot 13 is submitted with this S96 (1A) application.  Condition No. 50 will be amended accordingly.

Sydney Regional Environmental Plan No. 20 – Hawkesbury – Nepean River (No. 2 – 1997) (SREP 20)

The aim of the plan is to protect the environment of the Hawkesbury – Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. 

Conditions have been imposed in the development originally consented to for the provision of erosion and sediment control measures to minimise any likely impact on the River and to ensure consistency with the relevant REP strategies.  These conditions are still applicable.

Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998)

The subject site is zoned 2(b) Residential (Low Density), under the provisions of LEP 1998.  The proposed modifications to an existing approved dwelling are permissible with the consent of Council.

The development as modified remains consistent with the objectives of the LEP in relation to:

·       reflect desired character and achieve strategic consolidation objectives

·       safeguards the residential amenity of the area

·       provide high levels of residential amenity, particularly acoustic and visual privacy, accessibility to services, climatic comfort of the indoor environment, and safety and security

The development as modified remains consistent with the following zone objectives in relation to:

·        Promote the established urban and landscape character of traditional residential subdivisions

Clause 12 Building Envelopes, Heights, Landscaped Areas, and Rear Boundary Setbacks.

The external wall height, landscaped area and rear boundary setback comply with the LEP provisions. A discussion of the building envelope control is provided below.

Clause 12(3) (Building Envelope)

This clause provides a building envelope and maximum external wall height for all development. The amended dwelling achieves the maximum external wall height standard, however a small section of roofline at the northern elevation (zero lot line) does not achieve the building envelope standard.

Clause 12(6) of the LEP allows Council to vary this standard where it can be demonstrated that variation to these controls is necessary to improve the design, external appearance or utility of the proposed building. The minor variation sought is supported as it improves the design and utility of the building as follows:

·     The variation is minor, only applying to the buildings northern façade for no more than 1/3 of the façade width. The encroachment is a result of the zero lot line that enables a commensurate increase in width of the useable areas of the dwelling;

·     The encroachment does not increase the buildings bulk and scale, or increase the amount of overshadowing cast by the building; and

·     The encroachment is comparable to the other dwellings on Lots 12, 14, and 15 as shown on the streetscape elevation.

Clause 14 Provision for design principles in development generally

The development as modified is consistent with the principles in relation to:

·          The design reflects of the forms, features or qualities of traditional residential neighbourhoods across Penrith local government area

·          The design is compatible with the scale, design and amenity of neighbouring development

·          The design contributes to the streetscape through the diversity of building forms and landscaped areas that can be seen from nearby public places

·          The design and layout provide for contemporary standards of amenity within each dwelling and the associated private open space.

Clause 37A Claremont Meadows Stage 2

This clause refers to Schedule 5 which outlines the objectives and controls for developments in Claremont Meadows Stage 2.  The development as modified is consistent with the objectives in relation to:

·        Permit a diverse housing mix that provides a wide range of dwelling types and choice.

·        The form, design and function of all dwellings have regard to the principles of ecologically sustainable development and achieve a high level of water conservation and energy conservation.

It is also consistent with the development control in relation to promoting environmental performance of the dwellings through nominating commitments on the amended BASIX Certificate, maximise solar access and cross ventilation and use appropriate materials that optimise thermal performance and comfort.

Clause 11 (Schedule-5) Claremont Meadows Stage 2

Schedule – 5 of the LEP 1998 requires a minimum landscape area of 40%.  The amended development proposal provides a landscape area 43.63% and complies with this clause.

2.   Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

The site is zone R2 Low Density under the provisions of the Draft Penrith LEP 2010. The development proposal is permitted with consent and the dwelling is much less than the maximum 8.5m building height control contained within the LEP. The amended proposal satisfies the remaining provisions of the Draft LEP.

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

Section 6.1 Claremont Meadows Stage 2 and Section 4.2 Residential – Single Dwellings of Penrith Development Control Plan 2006 (DCP 2006) apply to the site.

 

Claremont Meadows Stage 2

Objectives

The development as modified is consistent with the objectives of Section 6.3 in relation to:

(a)     Provide one-storey dwellings of different designs to meet different needs of future residents

(b)     Nominates commitments on the BASIX Certificate that provides environmental performance that is consistent with Council requirements with regard to energy efficiency and water management

Part B of this section contains performance standards and this application is assessed against the following relevant standards:

Sustainability

The development as modified is consistent with the DCP in relation to environmental, social and economic sustainability for the following reasons:

·          It would not impact on the remnant vegetation in the conservation zone

·          It maintains the residential amenity and provide a diverse range of housing types to encourage a diverse community

Residential Development

Issues related to lot layout and allotment size were addressed in the assessment report to DA 10/0725.  The proposed modification would not impact on the approved subdivision pattern and allotment size.

Areas of Ecological Sensitivity

The proposed modifications would not impact on the remnants of Cumberland Plain Woodlands and therefore is consistent with the objectives in relation to:

·        conserving wildlife habitat and indigenous plant species

·        minimising the impact on vegetation identified for preservation

Water cycle

Issues related to stormwater management and water sensitive urban design were addressed in the Caddens Master Plan which forms part of Development Consent 04/1002. In view of the scale and nature of the proposed modifications, Council is satisfied that the proposal would have minimal impact on South Creek.  Therefore the proposal is consistent with the requirements of this section of the DCP.

Salinity

Issues related to salinity were addressed in the report to DA04/1002 and a condition was imposed for the submission of a revised salinity report with the Construction Certificate.  The construction practices and materials nominated in the revised report remain applicable.

Therefore the proposed modifications are consistent with the DCP objective in relation to protecting building and infrastructure from deterioration.

Contaminated Land

Issues related to contamination were addressed by way of condition in Development Consent 04/1002.

Bushfire Hazard

NSW Rural Fire Service issued a Bush Fire Safety Authority to the development originally consented to on 3 September 2010 without conditions.  In view of the site is a low hazard categorisation, and the fact the width of the road- combined with the front setback- exceeds the 10m Asset Protection Zone requirement and the development as modified would not encroach into the Asset Protection Zone, the matter was not referred to NSW Rural Fire Service for consultation.

Recognition of Surrounding Land uses

Issues related to noise impact arising from M4 Motorway were addressed in the report to DA10/0725 and Condition No. 11 to the consent requires all dwellings be designed and built in accordance with the acoustic design measures in the stamped approved Environmental Planning Report and a certificate be obtained from a qualified acoustic consultant certifying construction of the dwelling has met the noise criteria as per the approved acoustic documentation.  The proposed modification is subject to this condition.

Landscape Design

A landscape strategy is required to address the amenity, environmental, recreational and townscape objectives of the DCP.  This issue has been addressed in the Landscape Concept and Management Plan Report that forms part of Development Consent 04/1002.  The development as modified would not impact on the approved Landscape Concept and Management Plan Report.

Infrastructure

(a)     Streets and Access

The development as modified would not impact on the existing roadways, footpaths and cycle ways.

(b)     Sewer and Water

Condition 33 to the consent requires submission of a Section 73 Certificate and documentation from Integral Energy and telecommunication providers to ensure that development is adequately supplied with sewer, water, energy services and access to broadband services.  In view of the minor nature of the proposed modification, it would be adequately supported by these services.

 

Section 4.2 Residential – Single Dwellings

Objectives

The proposal is consistent with the following objectives of the DCP:

·       The proposed amendments to Lot 13 is sympathetic to other approved dwellings and the character of the locality;

·       The development as modified complies with the majority of the requirements and maintains the amenity of the future occupants.

Urban Form

Issues related to urban form and reducing the visual impact arising from the building bulk, the proposed dwellings have incorporated the following design features in accordance with the DCP:

·       Provide a series of smaller roof forms;

·       Incorporate windows in every elevation;

·       Articulate the streetscape façade and recessing the garage to be located behind the primary building line;

·       Provide private open space to the rear of the dwelling.

Front, Side and Rear Setbacks

Developments are required to provide a 5.5m front setback, 4m rear setback and 900mm side setback.  The objective of these numerical standards is to reflect the character of established garden suburbs in Penrith and provide for development of flora and fauna corridors.

The front setback associated with Dwelling Type D is 4.14m-5.5m and remains unchanged whilst the rear setback is reduced from 15.5m to 6.37m. The proposed 6.37m rear setback is compliant with the 4m (for single dwellings) rear setback requirement of the DCP. The adoption of a built to boundary alignment along a portion of the northern façade is considered acceptable and is consistent with other dwellings in the locality. The zero line setback has no openings and does not impact on the amenity of adjoining properties and is limited to approximately 33% of the façade length.

Landscaped Area and Parking

The proposal will result in a reduction of the overall landscaped provision however the resultant 43.64% landscaping is compliant with the 40% requirements of the LEP and DCP.

Solar Planning

The proposed kitchen and family/dining area has openings to the north and east providing adequate solar access and thereby maintain the amenity of its occupants.  Solar access to Lot 14 will also improve with the amendment of the proposal from two-storey construction to single storey construction.

Significant Landscapes

The development as modified would not impact on the remnants of the Cumberland Plains Woodland in the neighbourhood park. 

Building Design

The development as modified is compliant with the DCP in relation to:

·       The external wall height is less than 6.5m

·       The overall building height is less than 10m

·       The cut and fill does not exceed 1m

·       The finished floor level of the ground floor does not exceed 1m above the natural ground level

·       Openings have been incorporated in every elevation

Energy Efficiency

The amended BASIX Certificate dated May 2013 submitted for the development as modified is considered satisfactory.

Garden Design and Fences

This has been addressed in the assessment report to DA10/0725.  The applicant does not seek to modify any fencing.

4.   Section 79C(1)(a)(iv) – The Regulations

This section is not applicable for the subject application.

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

In view of the above assessment, it is considered that the development as modified would have minimal impact on the natural and built environment.

Context and Setting

The development as modified is in keeping with the existing and desired character of Claremont Meadows Stage 2 for the following reasons:

·       The proposed modification to an existing approved dwelling is permitted in the zone;

·       The development as modified would not impact on the approved subdivision pattern and other dwellings that form part of the development;

·       The proposal is consistent with low density residential characteristics of the locality;

·       The design of the addition is sympathetic to the surrounding developments;

·       The development as modified would have no impact on the natural environment especially the Cumberland Plains Woodland;

·       The proposed addition would have no impact on the amenity of the surrounding developments- noting there is a reduction in overshadowing and privacy impacts generated by the single storey dwelling as compared to the previously approved 2 storey dwelling.

Access, traffic and transportation impacts

The proposed addition would not generate addition traffic that would impact on local traffic conditions and would not require additional parking to be provided.

Utilities/Water and Energy

Standard conditions for the submission of S73 Certificate issued by Sydney Water and documentary evidence from electricity and telecommunication providers to ensure availability of services to the site have been imposed in the consent and they remain unchanged.  The proposed addition would not increase the demand on these services.

Flora and Fauna

The proposed modifications would not impact on any flora and fauna.

Bushfire

The site is partly identified as bushfire prone and a Bushfire Safety Authority was issued previously by the Rural Fire Service. This will continue to apply to the development and the amendment do not alter bushfire risk.

Socio economic impacts

As stated earlier in the report, the development as modified is consistent with Section 6.1 of the DCP in relation to social and economic sustainability.

Site Design and Internal Design

The design and layout of the proposed dwelling is sympathetic to the environmental capabilities of the site and the design of the approved dwelling. 

6.   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 modifications for the following reasons:

·        The proposal is a permissible land use in the zone and is consistent with the LEP and zone objectives;

·        The proposal is consistent with Section 6.1 Claremont Meadows Stage 2 and Section 4.2 Residential – Single Dwellings of DCP 2006;

·        The site is not subject to flooding;

·        A Bush Fire Safety Authority has been issued by NSW Rural Fire Service and the amended proposal does not compromise the requirements of the BFSA;

·        The development as modified will maintain residential amenity including solar access, visual and acoustic privacy, climatic comfort and safety and security of the occupants to the dwelling and the adjoining properties

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

Referrals

This S96 (1A) application was not referred to other sections of Council given the nature of the amendments.

Community Consultation

The development as modified was publicly exhibited between 14 June 2013 and 28 June 2013. A total of 22 properties were notified and no submissions were received in response.

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

The development as modified is consistent with the objectives of the EP&A Act in so far as it promotes the co-ordinated and orderly, and economic use and development of the land.  The above assessment noted that the proposal complies with the aims and objectives and numerical standards of the relevant statutory and non-statutory controls.  As a result Council is satisfied that the development as modified is consistent with the public interest subject to conditions.

Section 94 Contributions

Conditions 46 and 47 of the original development consent DA10/0725 relate to Section 94 contributions and they remain applicable.

Conclusion

The proposed modification to the development consent has been assessed against the relevant heads of consideration contained in Section 96 of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. Each of the relevant criteria under Section 96 of the Act has been satisfied. The development as modified would achieve minimal environmental impact and be substantially the same development as originally approved. The proposed modification to the development consent is therefore worthy of Council’s support.

 

RECOMMENDATION

That:

1.      The report on the proposed modification to Development Consent 10/0725 for an integrated housing development for a 21-lot Torrens Title subdivision and construction of dwellings on Lot 159, 160 and 161 DP 1108846 at 18-22, 28-30 & 41-43 Central Park Drive, Claremont Meadows NSW 2747 be received.

 

2.      The application for the proposed modification to Development Consent 10/0725 for an integrated housing development for a 21-lot Torrens Title subdivision and construction of dwellings on Lot 159, 160 and 161 DP 1108846 at 18-22, 28-30 & 41-43 Central Park Drive, Claremont Meadows NSW 2747 be approved as follows:

 

                   Amend Condition No.1 of DA10/0725 to read as follows:

 

1.  The development must be implemented substantially in accordance with the following plans stamped approved by Council, the application form, Statement of Environmental Effects prepared by Cityscape Planning + Projects, BASIX Certificates and any supporting information received with application, except as may be amended in red on the attached plans and by the following conditions.

 

a)      Subdivision and Dwellings on Lots 1-3, 5-12, and 14-21

 

Drawing Title

Plan No.

Prepared By

Date

Plan of Proposed Subdivision

32272-DETAIL

Matthew Freeburn land, Engineering & Mining Surveyors

08-06-2010

Site layout and streetscape analysis

Sheet 1 Revision A

Hotondo Homes

13.9.10

Lot 1 Site plan, ground floor plan, first floor plan, Section & Basix and elevations

Job No.210055 Sheet 1 to Sheet6 Issue A

Zac Homes

21.03.11

Lot 1 Landscape plan

 

 

 

Lot 2 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 2 Landscape plan

 

 

 

Lot 3 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 3 Landscape plan

 

 

 

Lot 5 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

13.9.10

Lot 5 Landscape plan

 

 

 

Lot 6 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 6 Landscape plan

 

 

 

Lot 7 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 7 Landscape plan

 

 

 

Lot 8 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 8 Landscape plan

 

 

 

Lot 9 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 9 Landscape plan

 

 

 

Lot 10 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

13.9.10

Lot 10 Landscape plan

 

 

 

Lot 11 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

13.9.10

Lot 11 Landscape plan

 

 

 

Lot 12 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 12 Landscape plan

 

 

 

Lot 14 Site plan, Ground floor plan, Section & Basix, Elevations and Site Analysis

Job No.210068 Sheet 1 to Sheet 5 Issue B

Zac Homes

26.10.11

Lot 14 Landscape plan

Job No.210068 Sheet 1 Issue B

Zac Homes

26.10.11

Lot 15 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 15 Landscape plan

 

 

 

Lot 16 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 16 Landscape plan

 

 

 

Lot 17 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 17 Landscape plan

 

 

 

Lot 18 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 18 Landscape plan

 

 

 

Lot 19 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 19 Landscape plan

 

 

 

Lot 20 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 20 Landscape plan

 

 

 

Lot 21 Site plan, floor plan and elevations

Sheet 1 to Sheet 4

Hotondo Homes

6.10

Lot 21 Landscape plan

 

 

 

 

(b)  Lot 4 Dwelling Plans

Drawing Title

Plan No.

Prepared By

Date

Site Plan

Job No. 210058, Sheet. 1 (Issue C)

ZAC Homes

14.11.12

Site Analysis & Shadow Diagrams

Job No. 210058, Sheet. 1A (Issue C)

ZAC Homes

14.11.12

Site Management & Stormwater

Job No. 210058, Sheet. 1B (Issue C)

ZAC Homes

14.11.12

Landscape Plan

Job No. 210058, Sheet. 1C (Issue C)

ZAC Homes

14.11.12

Floor Plan

Job No. 210058, Sheet. 2 (Issue C)

ZAC Homes

14.11.12

Elevations (1 & 2)

Job No. 210058, Sheet. 3 (Issue C)

ZAC Homes

14.11.12

Elevations (3 & 4)

Job No. 210058, Sheet. 4 (Issue C)

ZAC Homes

14.11.12

Sections & Details

Job No. 210058, Sheet. 5 (Issue C)

ZAC Homes

14.11.12

External Colour Finishes

-

ZAC Homes

-

BASIX Certificate

456379S

-

22 November 2012

(c)  Lot 13 Dwelling Plans

Drawing Title

Plan No.

Prepared By

Date

Site Plan (as amended in red)

Job No. 210067, Sheet. 1 (Issue A)

ZAC Homes

1.05.13

Site Analysis & Shadow Diagrams

Job No. 210067, Sheet. 1A (Issue A)

ZAC Homes

1.05.13

Stormwater Plan and Waste Management Plan

Job No. 210067, Sheet. 1B (Issue A)

ZAC Homes

1.05.13

Landscape Plan

Job No. 210067, Sheet. 1C (Issue A)

ZAC Homes

1.05.13

Floor Plan

Job No. 210067, Sheet. 2 (Issue A)

ZAC Homes

1.05.13

Elevations (1 & 2)

Job No. 210067, Sheet. 3 (Issue A)

ZAC Homes

1.05.13

Elevations (3 & 4)

Job No. 210067, Sheet. 4 (Issue A)

ZAC Homes

1.05.13

Sections & Details

Job No. 210067, Sheet. 5 (Issue A)

ZAC Homes

1.05.13

External Colour Finishes

-

ZAC Homes

-

BASIX Certificate

480845S_02

-

21 May 2013

 

                   Amend Condition No.50 of DA10/0725 to read as follows:

 

50.    The commitments listed in the relevant BASIX Certificates for the Dwellings on Lots 1-21 form part of the development consent, and are to be maintained during the life of the dwellings. Where the commitments require replacement, the replacement must be identical to or is at a higher star rating to that listed in the BASIX Certificate.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Site Plan

1 Page

Appendix

3. View

Floor Plan

1 Page

Appendix

4. View

Elevations

1 Page

Appendix

5. View

Streetscape Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 1 - Locality Map

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 2 - Site Plan

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 3 - Floor Plan

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 4 - Elevations

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 5 - Streetscape Plan

 


Ordinary Meeting                                                                                                     22 July 2013

 

 

 

4

NSW Fire & Rescue Safety Report   

 

Compiled by:               Craig Squires, Acting Building Compliance Coordinator

Authorised by:            Colin Wood, Acting Development Services Manager   

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

       

 

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 Programme with a view to ensure 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, Fire and Rescue NSW 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.

 

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

6 Aspen Street, Penrith

Furniture Warehouse

Owner: Neales (Holdings) Pty Ltd

·   Complaint to Fire & Rescue NSW concerning the fire hydrant being disconnected. The premises is utilising the street hydrant, a hydraulic engineers report has been requested.

A Notice of Intention has been served on the owners to have the issues addressed. A Fire Safety Audit of the property has also been requested.

34-38 Albert Street, Werrington

Residential Flat Building

Owner: NSW Land and Housing Corporation

 

·   Complaint to Fire & Rescue NSW concerning testing of the fire hydrant and associated booster in accordance with AS1852-2005.

A Notice of Intention was served on the owners to have the issues addressed. The owners have conducted the relevant test to the satisfaction of Fire & rescue NSW.

132 Lethbridge Street, Penrith

Residential Flat Building

Owner: Strata Plan 9020

·   Complaint to Fire & Rescue NSW concerning the installation of a fire hydrant and modifications to the garden bed to allow for fire appliance access.

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 Programme.

148 Henry Street, Penrith

Office Building

Owner: Fesen Pty Ltd

·   Complaint to Fire & Rescue NSW concerning a diesel booster pump located in a poorly ventilated shed, maintenance of the hydrant system, reorientation of the isolation valves and maintenance of the hydrant access doors.

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


 

585 High Street, Penrith

Shopping Centre

Owner: Westfield Management Limited

·    Complaint to Fire & Rescue NSW concerning trolley bays potentially impeding access to required fire exits.

A site inspection revealed that some of the trolley bays have the potential to impede access to required fire exits. Management of the centre have made a commitment to provide line marking and signage to the trolley bays advising that trolleys are not to block exits. They have advised trolley collection contractors to ensure trolleys are collected more regularly during peak trading times. Council will continue to monitor the situation.

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. In this regard, it is recommended Council continue to monitor these properties as part of its Fire Safety Audit Programme.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Fire & Rescue Safety Report be received.

2.     Council continue to monitor all properties as part of its Fire Safety Audit Programme.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                     22 July 2013

 

 

 

5

Development Application 12/0433 - Demolition of existing structures and construction of a 6 storey mixed use building containing 2 commercial units and 35 apartments with basement parking at Lots 100 & 102 DP128213 (No.167-171) Queen Street, St Marys  Applicant:  Padom Investments & Metropolitan Investments;  Owner:  Sondow & Co Pty Ltd   

 

Compiled by:               Jonathon Wood, Environmental Planner

Aimee Lee, Environmental Planner

Authorised by:            Colin Wood, Acting Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

      

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 demolition of existing structures and construction of a multi storey mixed use development containing two (2) ground floor commercial units and 35 apartments with basement car parking. 

 

The site is zoned B4 Mixed Use under the provisions of Penrith Local Environmental Plan 2010 (LEP).  The proposal is a permissible land use in the zone.  An assessment under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) has been undertaken.  There is a minor variation to the 24m building height of the LEP due to intrusion of the lift overrun and plant room.  The proposal also seeks a variation to the car parking requirement of the Penrith Development Control Plan 2010 (DCP) which will be levied under Section 94.

 

The proposal has been advertised, notified and exhibited and Council has received one (1) submission objecting to the original proposal.  Issues raised include access and amenity and a request for a dilapidation report be submitted prior to the commencement of work.  Conditions are recommended to minimise the likely impact associated with these issues. 

 

The applicant has amended the proposal to address issues identified during the assessment of the proposal including those raised by the Urban Design Review Panel (UDRP).

 

The applicant has demonstrated that the aims and objectives of the LEP and DCP can be achieved and the proposal would have a negligible impact on the natural and built environment.  Therefore this application is recommended for approval.

 

Background

The proponent has been in discussions with Council since 2011 regarding a development proposal on the subject site. The discussions revolved around the identification of the subject site as part of the desired ‘Town Square’ contained within the St Marys Town Centre Development Control Plan (DCP). Since adoption of the DCP, Council has undertaken further urban design analysis and developed various options for the delivery of a town square.

 

The development application was lodged in May 2012 and there have been design revisions during the assessment process to reduce the scale of the proposal with the following changes:

 

-        Reduction in floor space ratio (FSR) from 3.38:1 to 2.5:1;

-        Reduction in the overall height by 1 storey;

-        Reduction in the number of apartments from 40 to 35;

-        Increase in the number of parking spaces from 42 to 49;

-        Improved levels of internal amenity in terms of solar access and natural ventilation.  

 

The revisions to the proposal have been undertaken to ensure a compatible building form that is consistent with the planning controls applying to the St Marys Town Centre.

 

Site and Surrounds

The subject site is legally described as Lots 100 and 101 in DP 128213, known as 171- 173 Queen Street, St Marys. The site is an 1125m2 rectangular allotment located on the corner of Queen Street, Crana Street, and West Lane. The site has a 21.5m frontage to Queen Street and West Lane and a 52.7m frontage to Crana Street. The site currently contains a single storey commercial building and an at-grade car park accessed via West Lane.

The site is located approximately 300m north of the intersection of Queen Street and the Great Western Highway and 580m south of the St Marys railway station. A locality map is provided at Appendix 1 that shows the location of the site in context.

The site is bound by a single storey commercial building to the north that currently accommodates Australia Post. There is also a public car park located immediately to the west of the site that accommodates a total of 39 parking spaces. The broader locality is characterised by 1-2 storey commercial buildings that accommodate a variety of commercial, retail, and office uses. Given the planning controls applying the St Marys Town Centre it is anticipated that over time the Town Centre will be redeveloped with a variety of high quality mixed use developments between 6-8 storeys in height.

The Proposed Development

The proposed development is a six (6) storey mixed use development that incorporates a total of 35 dwellings, 49 basement parking spaces, and two (2) retail tenancies that feature 483m2 of retail floor space. Extracts of the Ground Floor Plan and Typical Floor/Landscape plan including 3D perspectives of the development can be found at Appendix 2, 3 and 4.

The proposal is designed with a three (3) storey podium level with a 3m setback to Queen Street and West Lane and a zero line setback to Crana Street. The residential floors above the third storey are recessed by a further 3m at each street frontage to downplay the visual scale of the building as viewed at street level. The ground floor is designed to provide an active frontage to Queen Street, Crana Street, and to a lesser extent West Lane, through the provision of ground floor retail tenancies with substantial areas of glazing.

 

 

 

A description of the various elements of the proposal is provided below:

-        Basement Levels

The proposal incorporates two (2) basement levels that are accessed via a driveway crossing from West Lane in the north-west corner of the site. The basement levels incorporate a total of 49 parking spaces, including four (4) accessible parking spaces. The 49 parking spaces are split between 37 resident spaces, 7 visitor spaces, and 5 commercial spaces.

The basement levels also include residential storage areas, a centrally located lift core and associated fire stairs.

-        Ground Floor Level

The ground floor contains two (2) separate retail tenancies, with retail tenancy 1 being 372m2 with frontage Queen Street and Crana Street and retail tenancy 2 being 111m2 with frontage to Crana Street and West Lane. The retail tenancies flank the residential lobby entry and are designed to provide activation of the street frontages through substantial areas of glazing. The lobby entry is designed with a 4m wide entry that channels visitors towards the lift core that provides access to all levels of the development.

The proposal incorporates a 3m wide aluminium awning to provide weather protection to the active street frontage in Queen Street, Crana Street, and West Lane.

The ground floor contains a number of service areas designed away from the street frontages. These service areas accommodate a plant room, electrical substation, basement entry, and residential and retail garbage storage areas. The residential waste storage room can accommodate a total of 38 waste bins and the retail bin storage room can accommodate a total of 12 waste bins.

-        Level 1

Level 1 contains seven (7) residential dwellings with associated balconies as well as an elevated landscaped private open space area. The dwellings at this level vary in size and configuration with the following dwelling types and sizes:

 

Ø  3 x studio dwellings ranging in size from 38m2 to 44m2;

Ø  3 x 2 bedroom dwellings ranging in size from 80m2 to 92m2; and

Ø  1 x 3 bedroom dwelling with a size of 120m2

 

-        Levels 2-5

These residential levels contain a total of 28 residential dwellings and associated balcony areas. The dwellings at this level vary in their size and configuration with the following dwelling types and sizes across each level:

 

Ø  12 x studio dwellings ranging in size from 38m2 to 44m2;

Ø  3 x 1 bedroom dwellings with a total size of 66m2;

Ø  12 x 2 bedroom dwellings ranging in size from 77m2 to 92m2; and

Ø  1 x 3 bedroom dwelling with a size of 120m2

 

-        Rooftop Level

The development proposal incorporates a roof top communal open space area that features a series of landscaped planter boxes to provide a degree of privacy and natural shading to the rooftop. The rooftop also features a series of timber decks that can be utilised by residents for passive recreation.

 

-        Elevations External Finishes

The development proposal incorporates a variety of design elements to articulate the building form, including the provision of solid framed elements, horizontal aluminium louvers, and a variety of recessed and projecting elements at the podium level. External finishes vary with the use of rendered concrete walls, zinc wall cladding, glass balustrades, aluminium awnings, and aluminium sheeting.

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the 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

State Environmental Planning Policy (BASIX)

A complying BASIX certificate accompanies the development application that has been reviewed by Councils Senior Building Surveyor and found to be satisfactory.

State Environmental Planning Policy No. 55- Remediation of Land (SEPP 55)

Clause 7 of SEPP 55 requires consideration of whether the land is contaminated and, if so, whether the land requires remediation in order to make it suitable for the proposed new use. A Phase 1 Preliminary Environmental Site Assessment was carried out by Environmental Investigation Services, with the report finding that a more detailed investigation should be carried out given there is moderate potential for contamination on site from previous activities on the site including potentially contaminated imported fill, use of pesticides and use of the site for the purposes of a motor spare parts dealership. 

 

A special condition (see 2.9) is recommended for a Phase 2 Detailed Site investigation to be carried out prior to the issue of a Construction Certificate.  Should the detailed investigation identify remediation works are required, the applicant shall submit a separate development application to Council.  In this case, the proposal, subject to compliance with the recommended condition, has satisfied the requirement of Clause 7.

State Environmental Planning Policy No. 65- Design Quality of Residential Flat Development (SEPP 65)

This policy aims to improve the design quality of residential flat buildings of three or more storeys and containing four or more self-contained dwellings. SEPP 65 contains ten design quality principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals.

 

The proposed development is consistent with the aims and objectives of SEPP 65. The accompanying SEPP 65 regulations require the involvement of a qualified designer throughout the design, approval and construction stages. In this regard, the application has been accompanied by a design verification statement prepared by Steve Zappia (registered Architect) providing detail on how the proposal achieves consistency with the 10 design quality principles. The 10 design quality principles are addressed in turn.

 

Principle 1:  Context

A key contextual consideration of the proposal relates to the desired future character of the locality embodied within the Penrith LEP 2010 that contains a 24m height control and an FSR of 2.5:1. The proposal is consistent with these key controls however as detailed further in this report the DCP planning provisions applying to the site call for a ‘Town Square’ in this location.

 

The proponent has undertaken a detailed Urban Design analysis to inform the development concept. This analysis indicates that the subject site may not be best placed to deliver a Town Square given the existing street and pedestrian networks and relationship with the key movement networks through the Town Centre. The delivery of a Town Centre on the subject site is also complicated by the fact that the LEP permits mixed use development on the site and there is no mechanism, i.e. land reservations for acquisition/Section 94 plan that would enable acquisition of the subject site and adjoining sites to enable the delivery of a Town Square.

 

The original background studies prepared to inform the St Marys Town Centre planning controls were prepared by the Government Architects Office. Those background studies identified Coachmans Park, being an existing open space area, as a future location of a Town Square as well as the subject site.

 

Partly as a result of early discussions by the proponent regarding the development of the subject site Councils Strategic Planning section are reviewing the existing planning controls within the St Marys Town Centre. Part of this involves the consideration of the desired location of the future Town Square, having regard to the most appropriate location as well as methods for the delivery of the Town Square. The current development proposal has been reviewed by Councils Strategic Planning section and no objection is raised to the proposal as this site is now not proposed to be acquired for the Town Square.

 

Principle 2:  Scale

The six (6) storey building form is compatible with the planning controls applying to the site and embodies the desired future character of the locality. The bulk, height and apparent scale of the development has been carefully considered and has been designed to harmonise with the future height, bulk, and scale of development within the St Marys Town Centre.

 

The proposed ground floor street edge and podium design presents a human scale at the street front, noting the upper three (3) storeys are recessed and cannot be viewed from the street.

 

The inclusion of shadow casting elements, recesses in external walls, and use of different materials, serves to break up the built form. The proposal provides an appropriate solution in terms of scale by responding to the surrounding development.

 

Principle 3:  Building Form

The proposal achieves an appropriate built form for the site and the buildings context. The proposal responds to the existing road alignments and places key emphasis on the Queen Street and Crana Street frontages. The development proposal is designed with three (3) key elements:

 

1.       The base, at street level accommodating the retail spaces;

2.       The middle, being the two (2) levels above the base and adopting a built to boundary alignment to Crana Street; and

3.       The top, being the recessed upper levels. 

 

The three elements break up the façade and create portions that relate to the desired future character of the locality and provides for an appropriate street edge form that provides for activation of all three (3) street frontages.

 

Principle 4:  Density

The proposal has been revised to comply with the 2.5:1 FSR control applying to the site and the overall scale of the development is consistent with the desired future character of the locality.

 

Principle 5:  Resources, Energy and Water Efficiency

The orientation and shape of the lot promotes the design of buildings to ensure that living areas and balconies/courtyards to most units have a northwest, north or north easterly orientation. The Residential Flat Design Code (RFDC) recommends 70% of units should have a minimum 2 hours solar access at mid-winter. 

 

The applicant has submitted a solar analysis that demonstrates that 71% of units will receive at least 2 hours of solar access at mid-winter. This is a good outcome in the context of the site and exceeds the provisions of the RFDC. It is noted that upon redevelopment of the adjoining site to the north the level of solar access enjoyed by the units may be reduced however this will be assessed as part of any development proposal on the lot to the north.

 

80% of dwellings are naturally ventilated that contributes to thermal comfort and exceeds the 60% rule of thumb contained within the RFDC. In addition louvers are provided to the western façade to limit the entry of the harsh summer sun.

 

Energy and water reduction measures for the proposal have been detailed in the submitted BASIX Certificate and the proposed development satisfactorily incorporates the commitments nominated in the BASIX Certificate.

 

Principle 6:  Landscape

The site is located within the St Marys Town Centre in an urban setting where deep soil landscaping is impractical noting the subject site has no areas of deep soil plantings. The need for basement parking also eliminates the potential for deep soil plantings on the site. However the design has responded to the context of the site and provides an elevated landscaped open space area located at level 1 which is a good outcome in a high density ‘urban centre’ context such as the St Marys Town Centre. The proposed common open space area on the roof top level is provided planter boxes that contain modest sized shrub plantings to improve amenity for users and provide a degree of natural shading.

 

Principle 7:  Amenity

A variety of floor plans and features are provided for the apartments with 71% of units receiving 2 hours of solar access at mid-winter and 71% of dwellings being cross-ventilated. Room layouts and balcony areas are functional and useable and lift access is provided to every level of the development, including the roof top communal open space areas. Visual privacy is addressed by way of louvered screens to the balconies and building separation to the north is designed to provide 6m to living areas which is consistent with the provisions of the RFDC.  

 

Principle 8:  Safety and Security

The proposal incorporates Crime Prevention Through Environmental Design (CPTED) measures and provides passive surveillance over the street frontages and common areas via the living spaces and balconies of the residential dwellings. Access to the residential entry and basement entries will be security controlled and the entry lobby is flanked by retail tenancies with substantial areas of glazing. There are no entrapment points and appropriate lighting will be provided to common areas and the entry lobby.

 

The proposal has been assessed by Councils Community Safety Section and the NSW Police with comments received indicating that the proposal is satisfactory from a safety and security perspective.

 

Principle 9:  Social Dimensions

The development proposal incorporates a total of 35 residential dwellings with the following dwelling mix:

 

-     15 x studios;

-     3 x 1 bedroom dwellings;

-     15 x 2 bedroom dwellings; and

-     2 x 3 bedroom dwellings.

 

The provision of a variety of unit types and sizes will offer variety and choice for future residents to accommodate a variety of lifestyle needs and also contribute to housing affordability.  The dwelling mix responds to the needs of the community and provides for housing within the catchment of public transport and local facilities, being in the heart of the St Marys Town Centre and only 600m to the St Marys railway station and bus interchange.

 

Principal 10:  Aesthetics

The design of the building provides for a six (6) storey form with a three (3) storey podium element with the additional storeys recessed above. The design incorporates contemporary architectural aesthetics and a variety of external materials and design elements including the provision of solid framed elements, horizontal aluminium louvers, and a variety of recessed and projecting elements at the podium level. External finishes vary with the use of rendered concrete walls, zinc wall cladding, glass balustrades, aluminium awnings, and aluminium sheeting. Building textures, materials and colours are consistent with a contemporary building in this visually prominent location within the St Marys Town Centre.

Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River (SREP 20)

SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context.  Of most relevance to the proposal is the requirement to assess the development in terms of the impact of the development on water quality, particularly as that relates to recreation and aquatic ecosystems.

 

The stormwater design involves collection of roof waters to pits in courtyards and collected in OSD located under retail tenancy 2 and then dispersed to the street drainage system.  It is expected that the drainage proposal will not have an adverse cumulative impact on the Hawkesbury Nepean River catchment. 

 

Council’s Development Engineer has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

 

Appropriate erosion and sediment controls will be installed to prevent disturbance of soils so as to reduce impacts on water quality.

 

The proposal is considered to be consistent with the objectives of Part 2 of SREP 20, particularly in relation to total catchment management water quality.

Penrith Local Environmental Plan 2010 (LEP 2010)

The subject site is zoned B4 Mixed Use under the provisions of the PLEP 2010 and commercial premises and shop top housing are permitted with consent.

 

The proposal is consistent with the objectives of the zone, which are listed as:

 

·        To provide a mixture of compatible land uses;

·        To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling;

·        To minimise conflict between land uses within the zone and the land uses within adjoining zones;

·        To create opportunities to improve public amenity.

 

The proposal is a mixed use development that contains an active street frontage with residential dwellings above. The design of the development provides for a flexible ground floor layout that can permit a variety of commercial and retail land uses whilst ensuring the operation of these land uses will not result in conflict with the residential dwellings above.

 

The development site is within walking distance to the St Marys Railway Station and bus interchange and provides additional housing within walking distance to both public transport and local services. The development proposal will substantially improve the streetscape presentation of the subject site and serve as a high quality example of mixed development within the St Marys Town Centre that aligns with the desired future character of the locality.

 

The table below provides detail on the relevant development standards applying to the development.

 

Development Standard

Control

Proposed

Compliance

Height of Buildings

24m

21.4m- 25.2m*

No

Floor Space Ratio

2.5:1

2.5:1

Yes

* The proposal incorporates a maximum building height of 21.4m to the top of the parapet and 25.2m to the uppermost point of the lift overrun.

 

The variation equates to 1.2m to a small portion of the lift overrun and the applicant has submitted a request to vary the control pursuant to Clause 4.6 of the LEP. An extract of the justification provided by JBA Planning is provided below:

 

The height of the building to the top of the parapet is 21.4m on Queen Street, which complies with the maximum building height. However, the lift overrun and plant room, has a minor protrusion above the maximum height control by 1.69m. The plant room is a small area located at the centre of the roof of the building, setback 2m from the Queen Street parapet and 7m from the site boundary with Queen Street.

 

The key non-complying component of the building is therefore only a small part of the building and does not contribute to the height, bulk or scale of the development. Furthermore as demonstrated in Section 4.2, the proposed building generally complies with the detailed envelope and built form controls in the DCP, specifically the controls relating to street frontage heights and setbacks.

 

In light of the above, the building, in terms of its height, bulk and scale is consistent with the desired future character of the locality, despite the numeric non-compliance with the height limit.

 

The variation to the height control will not result in the disruption of any views or loss of privacy.

 

The site is located in the centre of the St Marys Town Centre and is surrounded on all sides by sites which also have a maximum height limit of 24m. Therefore strict compliance with the maximum building height will not affect the transition in built form to the surrounding area.

 

The request for variation is supported noting the proposal is consistent with the intent of the control by limiting the majority of the building well below the 24m height limit. The variation equates to 7.04% and the development proposal is consistent with the underlying intent of the numerical control that is embodied within the objectives of the building height development standard, namely:

(a)     to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b)     to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas, including parks, streets and lanes,

(c)     to minimise the adverse impact of development on heritage conservation areas and heritage items,

(d)     to nominate heights that will provide a transition in built form and land use intensity.

 

In addition the proposal has been revised from the original development application to remove a full residential floor and also to substantially reduce the proposed FSR from 3.38:1 to 2.5:1 to ensure compliance with the FSR control. Strict compliance with the building height control could be achieved through the removal of the rooftop communal open space area that would facilitate a reduction in height of the lift shaft, however this would result in a poor planning outcome through the loss of communal open space areas.  The request to vary the control under Clause 4.6 is therefore supported.

 

Other Relevant Provisions

·        Clause 5.10 Heritage Conservation: The development site is not identified as a heritage item or as being within a heritage conservation area. The closest item of local significance is the St Marys Primary School (Item 2260307), located 175m to the south-west of the subject site on Princess Mary Street. The current proposal will have no impact on the heritage significance of the St Marys Primary School.

·        Clause 6.1 Earthworks: The proposal involves substantial excavation work to establish the two (2) levels of basement parking proposed. The extent of excavation will not result in the disruption of existing drainage patterns, or adversely impact on soil stability; amenity of adjoining properties, watercourses, drinking water catchments, or environmentally sensitive areas. The proposal satisfied the provisions of this clause.

·        Clause 6.2 Salinity: The subject site is identified on the map for ‘Salinity Potential in Western Sydney 2002’, prepared by the Department of Planning, as having moderate salinity potential. A condition of consent is recommended requiring the Construction Certificate application to demonstrate measures to ensure the building is designed to adequately address the impact of saline soils.   

·        Clause 6.5 Protection of scenic character and landscape values: The site is identified as land containing "scenic and landscape values" on the Council’s Scenic and Landscape Values Map, for its views to the escarpment of the Blue Mountains.

 

The proposal has demonstrated that the objective of view sharing can be achieved as the site is not located within any prominent mid or long range view shed.  Furthermore, the applicant has amended the proposal in accordance with the recommendations of UDRP by presenting a high quality form to all street frontages and public places and at a scale that is commensurate with the desired future character of the St Marys Town Centre.

·        Clause 6.6 Servicing: Adequate services are available to service the development noting the provision of an electrical pad-mount substation at the ground floor level within the existing building envelope. Appropriate consent conditions reinforce the need to obtain relevant utility clearances.

2.   Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments

There are no draft environmental planning instruments applicable to the subject application.

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

Penrith Development Control Plan 2010 (DCP 2010)

Relevant objectives of DCP 2010 relating to the delivery of an active, attractive and safe environment for residents and visitors and delivery of a sustainable development for a balanced social, economic and environmental outcome are satisfied by this proposal.

 

Clause C1 Site Planning and Design

Key Areas with Scenic and Landscape Values

Assessment of the proposal against Clause 6.5 Protection of scenic character and landscape values of the LEP has demonstrated that the proposal would have minimal visual impact given the location of the site and the design of the proposal.  Therefore Council can be satisfied that the following principles of the DCP can be achieved:

 

·        Protect views towards the Blue Mountains escarpment that contributes to the character of Penrith as a City

·        Maintain backdrops and settings that contribute to the local identity

·        Design the proposal to ensure the scale, size, built form and height integrates with the surrounding landscape

 

Crime Prevention Through Environmental Design (CPTED)

The principles for applying crime prevention through environmental design have been incorporated into the development proposal and are discussed below.

 

Surveillance

The subject site contains three (3) street frontages and the unit design and layout provides for passive surveillance over all three (3) frontages through the provision of ground floor retail space with large expanses of glazing to street frontages. The proposal also involves the provision of balconies and windows to living areas that overlook street frontages and communal circulation areas to provide ‘eyes on the street’.

 

Access Control

The proposal involves dedicated entry points to the retail areas from Crana Street and Queen Street and a separate dedicated entry point for residents to the residential lobby that is accessed from Crana Street. The proposal will involve security controlled access doors to the residential lobby area to ensure access to this area is restricted to residents and their authorised visitors. The basement access is also to be security controlled via a roller door that will be accessed via a pin code/swipe card or similar system.

 

Territorial Reinforcement

The proposal clearly delineates between public and private areas and provides for appropriate access control measures to private areas. Common areas and entry points receive good passive surveillance and the units overlook all three (3) street frontages.

 

Space Management/ Maintenance

The exterior building materials are constructed from hard wearing finishes easy to maintain including lighting for security. West Lane is predominantly a service area and as such presents a high risk for graffiti and vandalism. Conditions of consent recommend the implementation of CCTV surveillance over this area and for the ongoing maintenance and timely repair of any act of vandalism, including graffiti.

 

The proposal has also been reviewed by NSW Police and Councils Community Safety Coordinator and found to be satisfactory subject to a number of conditions relating to access control, lighting, building identification and graffiti management.

Clause C3 Water Management

A stormwater concept has been submitted and found to be satisfactory by Councils Development Engineers.

Clause C5 Waste Management

A communal waste storage area is located on the ground floor, with a separate area for retail waste storage and residential waste storage. The communal areas enable wheeling of bins to West Lane by Councils contractor (residential waste) and commercial contractor (retail waste). The size, location, and design of the waste storage area has been reviewed by Councils Waste section and found to be satisfactory subject to conditions of consent regarding circulation space and the size and width of access ramps between the waste storage area and the street frontage to West Lane.

Clause C6 Landscape Design

A landscape concept plan has been submitted that provides detail on the landscape works to the podium level private open space area as well as the rooftop communal open space areas. Comments received from Council’s Landscape Architecture Supervisor indicate that the concept is generally acceptable subject to amendment to the plant species to ensure plantings are appropriate for the climate of Western Sydney and street tree plantings are provided to Crana Street. Conditions of consent are recommended regarding these matters.

Clause C7 Culture and heritage

The site located to the northeast of an item of local heritage significance, St Marys Public School’. The heritage item will not be adversely impacted by the proposed development given the 175m of physical separation and existing vegetation on the primary school site. Whilst the development proposal will be visible from the school the proposal will not detract from the heritage values of the item, which are derived from the importance of the school in the early development of St Marys as well as the physical structure on the subject site.

Clause C8 Public domain

The design has taken into consideration the public domain (that is the private area of the development visible from the street) through the provision of an active façade at ground level and the provision of an awning over Queen Street and Crana Street that also wraps around the corner of Crana Street and West Lane.

 

Council is currently in the process of consulting members of the pubic regarding the St Marys Streetscape Improvement Plan (SIP). The current proposal is a key development site of considerable scale and discussions have been held with the applicant to provide for appropriate public domain improvement works on the subject site. Given the SIP is currently being formulated, a special condition (see 2.2) is recommended for the applicant to liaise with Council's Landscape Architecture Supervisor in relation to the detailed design of the public domain.

 

In addition, this special condition also recommends a positive covenant to be registered over the property enabling Council to carry out long term maintenance of the public domain and up to the building façade (see Special Condition 2.2).

Clause C10 Transport Access & Parking

The parking requirements contained within the DCP, and the amount of parking proposed as part of the development, are detailed in the table below.

 

Type of Development

Parking Requirement

Parking Proposed

Retail Premises:

1 per 30m2

 

483m2 / 30 = 16.1 spaces

 

5 spaces

Residential Flat Building:

1 or 2 bedrooms: 1 space

3 or more beds: 2 spaces

 

33 x 1 = 33 spaces

2 x 2= 4 spaces

 

 

37 spaces

Visitor (residential):

1 per 5 dwellings

 

35/5= 7 spaces

 

7 spaces

Total

60.1 spaces

49 spaces

 

The proposal has a shortfall of 11 retail parking spaces and a traffic report has been prepared in support of the application, noting the DCP provides:

 

Council has the discretion to waive or reduce the minimum number of car spaces required for a particular site if the reduced provision can be justified in a Traffic Impact Statement, in terms of:

i) Proximity to public transport nodes;

ii) Opportunity to share parking with another use; or

iii) An empirical assessment of car parking.

 

The application has provided the following justification in support of the departure from the retail parking requirements:

 

-        Adequate parking has been provided to support the residential development, which is the component of the development that needs long stay parking;

-        There is sufficient on-street and at-grade parking in the immediately vicinity of the site that visitors to the apartments and customers of the retail uses can use to park;

-        The residential visitor and commercial visitor parking are generally used at different times of the day and therefore the visitor parking can be shared across the two uses without resulting in any adverse on-street parking impacts;

-        The site is located in close proximity to the St Marys Railway Station and adjacent bus-rail interchange.

 

The above arguments have merit in the context of the proposal and location of the subject site. Councils Development Engineers and Traffic Engineers have reviewed the proposal and associated traffic report and have outlined that the level of parking provided on site is appropriate in the context of the St Marys Town Centre. Therefore the variation to the required level of retail parking space is satisfactory.  The parking shortfall has been levied in accordance with the St Marys Town Centre S94 Plan enabling Council to provide parking in strategic locations within the centre (i.e. 11 spaces x $7,334 = $80,674).

 

A designated loading/unloading area is currently shown on the plans, accessed from West Lane. However this area will present poorly and a dedicated external loading area is considered unnecessary in the context of the scale of the development. In particular the size of the proposed retail premises is likely to see deliveries occur in vans or other small delivery vehicles that can either park temporarily on the street or utilise the visitor parking spaces within the basement.

 

Councils Urban Designer is in favour of the removal of the loading bay in order to maximise streetscape presentation to West Lane.  To facilitate deliveries to the retail units, it is recommended that a loading zone be provided in West Lane.  Council’s Senior Traffic Engineer raised no objection for the provision of a loading zone in West Lane subject to Local Traffic Committee approval.  Special conditions No. 2.4 and 2.12 are recommended in this regard.

Clause C13 Infrastructure and Services

Of relevance to the application is the need to ensure infrastructure and services can be delivered. The applicant has shown the anticipated location of an electrical substation required to service the site, with the design of this area integrated with the development proposal to ensure it does not detract from streetscape presentation. The site has access to reticulated sewer and water, and conditions of consent are recommended to require appropriate utility clearances, including electricity, water, and telecommunications (see Standard Conditions G002 and G003).

Clause E5 (St Marys Town Centre)

The subject site is identified as being located on a future ‘Town Square’, as envisaged at Figure E5.2: Town Centre Character Areas mapping.  

 

The proponent has undertaken a detailed Urban Design analysis to inform the development concept. This analysis indicates that the subject site may not be best placed to deliver a Town Square given the existing street and pedestrian networks and relationship with the key movement networks through the Town Centre. The delivery of a Town Square on the subject site is also complicated by the fact that the LEP permits mixed use development.

 

The original background studies prepared to inform the St Marys Town Centre planning controls were prepared by the Government Architects Office. Those background studies identified Coachmans Park, being an existing open space area, as a future location of a Town Square as well as the subject site.

 

Partly as a result of early discussions with the proponent regarding the development of the subject site Councils Sustainability and Planning Department are reviewing the existing planning controls within the St Marys Town Centre. Part of this involves the consideration of the desired location of the future Town Square, having regard to the most appropriate location as well as methods for the delivery of the Town Square. Council’s Local Plan Team raised no objection to the current proposal on this site.

 

It is appropriate that the proposal complies with the provisions of the Queen Street Mixed Use West Precinct under the DCP that is located to the north of the site. The table below provides detail on the relevant provisions of the St Marys Town Centre DCP.

 

Provision

Proposed

Compliance

Dwelling Mix:

 

-        10-25% 1 bedroom and studios

 

 

 

-        65% maximum 2 bedroom dwellings

 

-        10% adaptable dwellings

 

 

 

50%  (15 x studios and 3 x 1 bedroom)

 

 

42.8% (15)

 

 

11.4% (Units No. 3.04, 4.04, 5.04 and 6.04)

 

 

No. 

See comments below.

 

Yes

 

 

Yes

Mixed Use Development Controls:

Floor to Ceiling:

 

-        Ground: 3.6m

 

-        Residential:2.7m

 

 

 

 

3.6m

 

2.8m-3.1m

 

 

 

Yes

 

Yes

Built Form Controls: Setbacks

 

-        3m average street setback (Queen)

 

-        0m street setback (Crana)

 

-        4m average street setback (West Lane)

 

 

 

3m

 

 

1m

 

3m - 4.5m

 

 

Yes

 

 

Yes

 

Yes

Street Frontage Heights:

 

-        9m-12m street frontage height;

 

 

-        24m overall height with 3m step above street frontage height;

 

 

 

10.4m-13m

 

 

21.4m & 3m step

 

 

No. 

See comments below.

Yes

Building Depth and Bulk:

 

-        Maximum 18m building depth above 12m height

 

 

 

14m

 

 

Yes

Boundary Setbacks and Building Separation:

 

-        Side: 0m commercial

 

-        Side: 0m-6m residential (up to 3 storeys)

 

-        Side: 0m-9m residential (above 3 storeys)

 

 

 

 

0m

 

0m-6m

 

 

0m-6m

 

 

 

Yes

 

Yes

 

 

No. 

See comments below.

Site Coverage and Deep Soil Zones

 

-        Maximum 50% site coverage

 

 

-        Minimum 25% deep soil

 

 

81.78%

 

 

0%

 

 

No. 

See comments below.

No. 

See comments below.

Active Street Frontages and Address

 

-        Active Street Frontage Required to Crana Street and Queen Street

 

 

Active frontage provided to both streets.

 

 

Yes

Awnings:

 

-        2.8m deep (minimum) where street trees not required

 

-        2.4m deep (minimum) where street trees required

 

-        Awnings to wrap corners minimum 6m;

 

 

3m Queen Street &

3.5m to Crana Street

 

 

 

 

Awnings wrap around to West Lane 6.5m

 

 

Yes

 

 

Yes

 

 

Yes

 

Dwelling Mix

The proposal provides for a greater proportion of studio and 1 bedroom dwellings than that envisaged within the DCP. The proposal provides for an appropriate mix of dwellings that contributes to housing diversity and affordability that is consistent with the underlying objective of the control. The variation is considered acceptable.

 

Height

The proposal incorporates a three (3) storey podium base that is consistent with the intent of the street frontage height control. The proposal provides a 10.4m street frontage height to Queen Street and a maximum street frontage height of 13m adjacent to West Lane. The difference in these heights is due to the existing topography on the site, with the western boundary of the site adjacent to West Lane being lower than the eastern boundary adjacent to Queen Street. The proposal is consistent with the underlying intent of the control through the provision of a three (3) storey podium with recessed upper levels and therefore the minor variation along the western edge of the side is acceptable.

 

Boundary setbacks and building separation

The subject site is a corner allotment that presents unique opportunities and constraints in a B4 Mixed Use context. The DCP envisages street edge building forms focused around rear open space areas, with the street block to reflect a ‘U’ configuration. The DCP further encourages built to boundary forms to provide a consistent street edge form along Queen Street.  If a zero setback is not provided then a 6m separation up to the 3rd floor of the building and 9m separation above.

 

The design incorporates a building form that wraps around the corner of the site with a side boundary setback of 0m-6m provided to the residential floors. The proposal is compliant up to the 3rd floor however above this the proposal provides for a 6m separation at the upper levels only.  This variation is supported as it is sufficient to ensure adequate solar access to units and to mitigate privacy impacts, with any future development to the north required to provide a 6m-9m setback that will provide a total of 12m separation. In addition any future building form to the north is likely to focus bedrooms along the southern boundary to ensure adequate solar access to living rooms and private open space areas which will further mitigate privacy concerns.

 

Site Coverage and Deep Soil Zone

To establish an appropriate scale and built form and improve residential amenity in terms of daylight access, visual privacy and opportunities for recreation and social activities, developments are required to provide deep soil zones for planting of trees.  The applicant seeks variations with respect to site coverage and deep soil provision and a detailed justification for the current design response has been provided in this regard.

 

The subject site being a corner allotment is atypical of the majority of development forms which renders the site coverage and deep soil controls less relevant as the preferred urban design outcome in a high density B4 mixed use area is to provide activation of street frontages through a building that wraps around corners.  Despite the lack of deep soil planting, landscaping is proposed on Level 1 to improve the amenity and outlook from the units.

 

In view of the site constraints and the design approach is supported by Council’s Consulting Urban Designer, the variations to site coverage and deep soil controls are considered acceptable and the justifications provided by the applicant are supported.

4.   Section 79C(1)(a)(iv) – The Regulations

Council’s Building Surveyor has raised no objection to the proposed development regarding fire safety considerations as prescribed under the Environmental Planning and Assessment Regulation 2000.

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

Natural Environmental Impact

The site is located in an area zoned B4 Mixed Use and the locality is primarily retail, commercial and business in character, containing a mix of uses. There will be no adverse natural environmental impacts in respect of:

·        Water – The subject site is connected to the existing services.

 

·        Soils - The Stage 1 Preliminary Environmental Site Assessment, prepared by EIS (dated Dec 2011) submitted with the application recommends that a Stage 2 Environmental Site Assessment be undertaken upon completion of the demolition of the existing building.

 

In this regard, a special condition is recommended (see 2.9) for a Phase 2 detailed site investigation for contamination to be carried out prior to the issue of the Construction Certificate.  This will ensure the proposal satisfies the requirement of Clause 7 to State Environmental Planning Policy No 55—Remediation of Land by demonstrating that the site is suitable for its intended use.

 

·        Air Quality – standard conditions are recommended to minimise any likely impact associated with dust and mud tracking during demolition and construction.

 

Built Environmental impact

The proposal is in keeping with the mixed use character of the area and appropriate for the locality as it has no long term adverse impacts in respect of:

·        Overshadowing - the shadow diagrams that accompany the application have demonstrated that a portion of the southern side and lower levels of the future development on Crana Street will be overshadowed.  However the shadow will recede during the day and this future development will receive sunlight. 

 

The applicant has also demonstrated that 71% of the apartments will receive a minimum of 2 hours of sunlight in accordance with the Residential Flat Design Code.

 

·        Visual - the applicant has reduced the building height and number of apartments.  The overall height, bulk and scale of the revised development will be compatible with existing and future developments in the locality. 

 

·        Noise and vibration – To maintain the acoustic privacy of the surrounding developments during construction, a standard condition (H041) is recommended restricting the construction hours.  The unit layout will maintain internal acoustic privacy of the apartments.  Noise and vibration is to be further addressed through an impact assessment required by Special Condition 2.10 as recommended.

 

·        Waste – a garbage room is provided at the ground floor of the proposed development and it satisfies Council’s requirements in relation to space allocated for both retail bins and domestic bins

 

·        Energy Efficiency - The submitted BASIX Certificate has identified various commitments to ensure the proposal will achieve the relevant water, energy and thermal comfort efficiency.

 

·        Access, traffic and transportation impacts – issues related to on-site parking have been addressed and it is concluded the level of parking is appropriate in the context of the St Marys Town Centre and the proposal would have minimal impact on local parking conditions.  Furthermore, the parking shortfall has been levied in accordance with the St Marys Town Centre S94 Plan enabling Council to provide parking in strategic locations within the centre.

 

Social and economic impact

·        Public Safety and Security - the development has been designed with the inclusion of a well controlled and well maintained built form including security and crime prevention measures and ability for surveillance from the apartments.

 

·        Social Impacts - the development provides for a mix of commercial and residential uses compatible with the desired character identified for the locality.

 

In view of the above, it can be satisfied that the proposed development would have positive social and economic impacts overall.

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

The proposed mixed use development is permissible within the B4 Mixed use zone.  The site is suitably located within the St Marys Town centre and the proposal represents an appropriate development outcome that contains a mix of commercial and residential components which would have minimal impact on the natural and built environment.  In this regard, Council can be satisfied that the site is suitable for the proposed development.

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

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

Referral Body

Comments Received

Building Surveyor

No objection is raised to the application subject to the imposition of relevant conditions of consent.

Community Safety Officer

No objection subject to conditions.

Development Engineers & Traffic Section

No objection subject to conditions.

Waste Section

No objection subject to conditions regarding path widths and grades.

Urban Design

The revised proposal has addressed issues raised previously

Strategic Planning

No objection subject to merit assessment

Landscape Section

Council has recently commissioned a working group to undertake the St Marys Streetscape Improvement Plan (SIP) to guide detailed design of the public domain including paving, street trees and street furniture.  Given the SIP is still in its preliminary stage, it is recommended that the applicant liaise with Council in relation to the design of the public domain. 

 

Future development to the north might impact on this development and compromise the health of planting on the northern boundary.  This will need to be considered in assessing future proposals.

NSW Police (St Marys)

No objection.

Community Consultation

In accordance with Appendix F4 Notification and Advertising of the Penrith Development Control Plan 2010, the proposed development was exhibited and notified to nearby and adjoining residents from 12 June 2012 to 26 June 2012.  Council notified a total of 150 properties and received one (1) submission in response. The submission raised the following issues:

 

1.       The adjoining Australia Post facility is required to move mail in and out of the premises on a 24 hour basis. We seek assurances from Council that the operations, including ingress/egress and quiet enjoyment of the property during the nominated timeframes will not be adversely impacted.

 

2.       We would require the developer to provide a fully detailed dilapidation report for our building before any works commence, if the development is approved to proceed.

 

In relation to point 1 it is unlikely that mail delivery and pickup operations would be affected by the development, with some impacts during the construction process in terms of noise emissions.

 

In relation to point 2 a special condition (see 2.5) of consent is recommended requiring the preparation of a dilapidation report for a distance of 20m beyond the boundary of the subject site, inclusive of Council owned land. Should any damage occur during construction the developer will be required to rectify the damage.

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

The proposed development is consistent with the objectives of the EP&A Act 1979 in so far as it promotes the co-ordinated and orderly, and economic use and development of the land.  As a result Council can be satisfied that the development proposal, subject to recommended conditions, is in the public interest and presents a suitable form of development on the subject site.

Section 94 Contributions

The following Section 94 Plans apply to the subject site:

(a)        Penrith City Cultural Facilities Development Contributions Plan

(b)        Penrith City District Open Space Facilities Development Contributions Plan

(c)        Penrith City Local Open Space Development Contributions Plan

(d)       Footpath Construction in Established Residential Areas of the City Development Contributions Plan

(e)        St Marys Town Centre Car Parking

 

The following is the Section 94 calculation.

 

CALCULATION

Proposal/ category eg, Multiunit

Apartments

 

No. of units

x

Rate

-

Credit for existing dwelling/s

Total

35

x

2 (open space)

-

0

70

35

x

2.4 (others)

-

0

84

AMOUNT

 

S.94 Contribution Plan

Contribution Rate x Calculation rate

Total

Cultural facilities

84 x $128

$10,752

District open space

70 x $1,758

$123,060

Footpaths

84 x $82

$6,888

Local open space

70 x $636

$44,520

SMTC - car parking

11 x $7,334

$80,674

 

NET TOTAL

$265,894.00

 

Conclusion

The proposed development is appropriately located within B4 Mixed Use Zone under the provisions of LEP 2010 and is consistent with the aims and objectives of the LEP 2010 and DCP 2010.

 

The initial proposal presented an overdevelopment with non compliances however, our efforts in working with the applicant albeit over a long time period will produce a much improved outcome for this key site in Queen Street. 

 

The proposed development now performs well in terms of its relationship to the surrounding built and natural environment, particularly in relation to likely impacts upon surrounding properties.  Consequently, the proposal is supported from an environmental planning perspective and recommended for approval subject to standard and special conditions.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application 12/0433 - Demolition of existing structures and construction of a 6 storey mixed use building containing 2 commercial units and 35 apartments with basement parking at Lots 100 & 102 DP128213 (No.167-171) Queen Street, St Marys be received.

2.       Development Application DA12/0433 for the demolition of existing structures and construction of a 6-storey mixed use building containing 2 commercial units and 35 apartments with basement parking at Lots 100 & 101 D128213 (No.167-171 Queen Street, St Marys) be approved subject to the following conditions:

Standard Conditions

2.1       A001     Approved plans that are architecturally drawn

A014     Lot consolidation

A017     DA for use

A019     Occupation Certificate

A037     Positive covenants

A039     Graffiti

A043     Air conditioner for existing dwelling

A046     Obtain Construction Certificate before commencement of works

B001      Demolition of existing structures

B002      AS for demolition and disposal to approved landfill site

B003      Asbestos

B004      Dust

B005      Mud/Soil

B006      Hours of work

D001     Implement approved sediment & erosion control measures

D005     No filling without prior approval

D06A    No filling without prior approval (bulk earthworks/major filling)

D009     Covering of waste storage area (Applies to building works/demolition)

D010     Appropriate disposal of excavated or other waste

D026     Liquid wastes

E01A     BCA compliance for Class 2-9

E006      Disabled access and facilities

E008      Fire safety list with Construction Certificate

E009      Annual fire safety-essential fire safety (Class 2-9 buildings)

G002     Section 73 Certificate

G004     Integral Energy

H001     Stamped plans & erection of site notice 1 (Class 2-9)

H002     All forms of construction

H003     Traffic safety during construction or subdivision works

H011     Engineering plans & specifications

H022     Survey

H024     Glass installations AS1288

H041     Hours of work (other devt)

K202     Roads Act – Minor roadworks

K203     S138 Roads Act – roadworks requiring approval of civil drawings

K207     Car parking

K209     Stormwater Concept Plan

K211     Stormwater Discharge – Basement Car parks

K221     Access, Car Parking and Manoeuvring – General

K501     Roads Authority clearance

L001      General landscaping (Applies to most building works, not fitouts)

L002      Landscape construction

L003      Report requirement

L004      Bond for landscape works

L005      Planting of plant material (Applies to most building/subdivision, not fitouts)

L006      AS requirements (Applies to most building/subdivision, not fitouts)

L007      Tree protection measures–no TMP with DA (for minor development)

L008      Tree Preservation Order

N003     Section 94 Contributions - Cultural Facilities

N004     Section 94 Contributions - District Open Space

N005     Section 94 Contributions - Footpaths

N006     Section 94 Contributions – Local Open Space

N007     Section 94 Contributions – St Marys Town Centre -carparking

P001      Costs

P002      Fees associated with Council land (Applies to all works, add K019)

Q01F     Notice of Commencement & Appointment of PCA2

 

Special Condition

2.2       The applicant shall implement upgrading of the public domain up to the building facade of the development approved herein in accordance with Council's Streetscape Improvement Plan at their own cost.  The public domain includes but not limited to street furniture, street trees and public domain pavement materials in Queen Street, St Marys. 

 

The applicant shall liaise with Council's Landscape Architecture Supervisor in relation to the detailed design of the public domain.

 

For the long term maintenance of the public domain and up to the building facade, a positive covenant shall be registered over the property prior to the issue of an Occupation Certificate. 

 

Documentation and associated legal paperwork shall be forwarded to Penrith City Council for consideration and endorsement which notes Council's interest in the positive covenant before the positive covenant is registered with Land and Property Information division of the Department of Lands.

 

2.3       Prior to the issue of a Construction Certificate detail is to be submitted to the Principal Certifying Authority confirming that measures are to be implemented to ensure the development is not impacted by salinity.

 

2.4       The loading bay and associated bollards are to be deleted, with amended plans to accompany the construction certificate application that demonstrate the removal of the bollards and loading bay. The setback, footpath and verge are to be treated with a compatible design and material to the Crana Street setback, footpath, and verge.

 

2.5       A dilapidation report detailing the condition of public infrastructure and adjoining development within 20m of the subject site is to accompany the application for a construction certificate. Prior to the issue of an occupation certificate a final dilapidation report is to be prepared, with any damage identified to be repaired at full cost the developer.

 

2.6       An access door from Retail tenancy 1 to the service areas/garbage area is to be provided to enable access to the lift core and waste storage areas.

 

2.7       The ramp leading to the garbage storage room must have a gradient no steeper than 1:14 and a width not less than 1.2m.

 

A personal access point is to be provided to the loading dock area that connects to the waste storage area, with the access point to be accessible using Councils Abloy locking system to enable domestic waste collection to occur. The locking system is to be installed and maintained at the owners' expense.

 

2.8       The landscape concept plans are to be revised as follows:

 

(a)     Species selection is to be revised to provide for species that are appropriate for the Western Sydney climate.

 

(b)     Street trees are to be provided on Crana Street with the final species selection to be agreed with Councils Landscape section.

 

2.9       A Phase 2 Detailed Site Investigation for contamination is required to be carried out prior to the issue of the Construction Certificate.  This investigation is to consider the requirements of the relevant NSW Environment Protection Authority Guidelines and be prepared by a suitably qualified environmental consultant.  The associated report needs to establish whether the site is suitable for its intended use and is to be submitted to Council for approval. If Penrith City Council is not the certifying authority, the assessment is still required to be submitted to Council for approval.

 

Should it be identified in the Phase 2 investigation that remediation works are required to be undertaken on the site, a separate development application is to be submitted to Council for this work.  No work on the current development is to proceed until such time as this new application has been approved by Council, and Council has approved the Validation Report associated with the remediation works.

 

2.10     Prior to the issuing of the Construction Certificate a noise and vibration impact assessment is to be provided to Penrith City Council for approval. The assessment is to be prepared by a suitably qualified consultant and is to assess the noise and vibration impacts during construction, any potential impacts after the completion of the development and recommend mitigation measures which are to be implemented.

 

At minimum the assessment is  to be provided and address the following:

 

·        Vibration impacts on surrounding properties associated with the construction of the basement carpark. The vibration impacts must be assessed and comply with the relevant standards and guidelines.

·        The impact of construction noise (including excavation into bedrock) on surrounding properties. Construction noise is to be assessed and comply with the relevant EPA guidelines and standards

·        Assess the potential impact of road traffic noise on the residents in accordance with the EPA ‘Road Traffic Noise Policy’ and the projected traffic increase as noted in the Traffic Report prepared by Varga (dated 4/4/2012);

·        Determined whether any noise is being produced by the on-site substation and any impact this may have on residents. Noise from the substation must comply with the Industrial Noise Policy.

·        Address any potential impact from the proposed and existing commercial uses on the residential units. Noise from commercial activities are to comply with the provisions of the Industrial Noise Policy

·        Any air conditioning units proposed for the development. Noise from air conditioning units are to comply with the provisions of the Industrial Noise Policy.

 

2.11   Any noise mitigation works required by the Noise Impact Assessment to ensure compliance is to be undertaken.

 

2.12   Prior to the issue of an Occupation Certificate, the applicant shall submit plans to Penrith City Council and approved by the Local Traffic Committee for the provision of a loading zone in West Lane.

 

Notes:

 

1.  Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 for further information on this process.

 

Allow eight (8) weeks for approval by the Local Traffic Committee.

 

2.13   The stormwater system, including any on-site detention or water quality treatment devices, shall be operated and maintained for its lifetime.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Ground Floor Plan

1 Page

Appendix

3. View

Typical Floor/Landscape Plan

2 Pages

Appendix

4. View

3D Perspective

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 1 - Locality Map

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 2 - Ground Floor Plan

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 3 - Typical Floor/Landscape Plan

 



Ordinary Meeting                                                                                                                    22 July 2013

Appendix 4 - 3D Perspective

 


Ordinary Meeting                                                                                                     22 July 2013

 

 

 

6

Development Application 12/0989 Residential attached dual occupancy (No.46) Ironbark Drive, Cranebrook  Applicant:  NSW Land & Housing Corporation;  Owner:  Aboriginal House Office C/- NSW Land & Housing Corporation   

 

Compiled by:               Hannah Van De Werff, Environmental Planner

Authorised by:            Colin Wood, Acting Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

      

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 Crown Development Application from the NSW Land and Housing Corporation for the construction of an attached dual occupancy at the corner of Ironbark Drive and Bottlebrush Drive, Cranebrook.  The proposal involves the construction of a single storey two x two bedroom attached dual occupancy on a vacant parcel of land. The design features dual frontage with Unit 1 orientating to Ironbark Drive and Unit 2 orientating to Bottlebrush Drive. Unit 2 has been universally designed to facilitate accessibility.

 

The application seeks to vary the rear setback development standard prescribed under Penrith Local Environmental Plan 1998 (Urban Lands), which is 4 metres.  The rear boundary setback for the new dwelling (as measured from the southern boundary) is 1.2 metres.  The application is supported by an objection to the development standard under State Environmental Planning Policy No. 1 (SEPP 1). 

 

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 subject to conditions of consent.

 

Pursuant to Clause 89(1) of the Environmental Planning and Assessment Act 1979, the applicant has agreed to the proposed conditions of development consent for this application.

Background

The subject site is owned by the Aboriginal Housing Office (Care of NSW Land and Housing Corporation). The site was previously occupied by a single dwelling which no longer exists on the site.

 

Clause 40 of SEPP (Affordable Rental Housing) 2009 prescribes circumstances where development consent is not required for Land and Housing Corporation development. The proposal satisfies relevant standards of this Clause however the proponent has elected to obtain development consent from Council.

 

A pre-lodgement meeting was not held for the lodgement of this DA.

 

Clause 89 (1) of the Environmental Planning and Assessment Act 1979 (‘The Act’) states that a consent authority (other than a Minister) must not:

(a)   refuse its consent to a Crown development application, except with the approval of the Minister, or

(b)  impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.

 

Furthermore, subclause (2A) states:

Crown development application for which the consent authority is a council must not be referred to the Minister unless it is first referred to the applicable regional panel.

 

Therefore according to the Act, if Council motion to refuse the subject application, the application is required to be referred to the Western Sydney Division of the Joint Regional Planning Panel (JRPP) and the Minister for approval of its decision.

 

Site and Surrounds

The site is situated on the corner of Ironbark Drive and Bottlebrush Drive, Cranebrook (see Locality Plan Appendix 1).  The site has a 12.3 metre frontage to Ironbark Drive and a      39.9 metre frontage to Bottlebrush Drive, with a 5.9 metre splay corner at the intersection of these frontages.  The site has a total area of 827m2.

 

The site is presently vacant with grass cover and a small group of palm trees to the north western corner of the site, close to the splay. All but one of these trees will be retained as part of the development.  Development in the area is predominantly low density residential consisting of a combination of single and two-storey dwellings.

 

The site falls towards the southwest corner of the site, with a cross fall of 3.16 metres.

 

There is one street tree along the Ironbark Drive frontage. The proposed driveway does not encroach on the tree however a condition of consent is recommended to require tree protection measures to be employed to secure the retention of this tree.

 

The Proposed Development

The proposed development includes:

·    Construction of a single storey attached dual occupancy. Unit 1 orientates to Ironbark Drive and Unit 2 orientates to Bottlebrush Drive. Each unit will contain two bedrooms and a single bathroom with an internal laundry which features through access to the private open space. The dwellings will each have a single lock up garage and feature separate access via each street frontage.

 

·    Unit 2 has been universally designed for adaptability. The parking area has ramped at grade access to the entry of the unit.

 

·    The site will feature retaining walls to the southern and eastern boundaries and the development includes a 1.8 metre boundary fence to those boundaries.

·    Both dwellings are provided with the opportunity for stacked car parking in the driveways.

 

·    Unit 1 is setback 1 metre from the side boundary and 8 metres from Ironbark Drive (front setback).

 

·    Unit 2 is setback 1.2m from the rear boundary and 3.5 metres from Bottlebrush drive. The proposed single garage and stacked parking area for Unit 2 is located within the rear setback of the site.

 

·    Private open space for both dwellings is provided to the south eastern corner of the site and is separated by retaining walls and a combination of landscape features and low lying shrubs.

 

·    Cut and fill (max 500mm) and retaining walls are required to provide level access to the private open space of each unit.

 

The attachment 3 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 – Hely Horne Perry Architects & Project Managers

·    Landscape Concept Plan – Hely Horne Perry Architects & Project Managers

·  Hydraulic Stormwater Details – Wallis and Spratt Pty Ltd C/- Hely Horne Perry Architects & Project Managers

·  Statement of Environmental Effects and SEPP 1 Variation – NSW Land & Housing Corporation

·    BASIX Certificate & ABSA Certificates

·    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 to Council’s existing stormwater system in the street.  Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development.  The proposal satisfies the considerations under SREP 20.

State Environmental Planning Policy (Affordable Rental Housing) 2009

Pursuant to Clause 6 of the SEPP, residential development on land owned by the NSW Land and Housing Corporation is taken to be affordable rental housing pursuant to SEPP (Affordable Rental housing) 2009.

 

Clause 14 – Standards that cannot be used to refuse consent

Division 1 (In-fill Affordable Housing) is applicable to the subject development and Clause 14 prescribes the minimum standards for affordable housing and therefore matters to which the development cannot be refused, provided the development satisfies those standards. 

The table below outlines the developments performance against the standards prescribed under Clause 14 of the SEPP:

 

Standard

Requirement

 

Complies

Minimum site area

450sqm

Yes

 

Landscaped Area 

35sqm per dwelling

Yes

 

Deep soil zone

Sufficient soil depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and each area forming part of the deep soil zone has a minimum dimension of 3 metres, and if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area.

Yes

 

Solar access

living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter

Yes

Parking

0.5 parking spaces are provided for each dwelling containing 2 bedrooms

Yes

Dwelling Size

70 square metres in the case of a dwelling having 2 bedrooms

Yes

Clause 15 – Design Requirements

Clause 15 states that a consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004.

The Seniors Living Policy: Urban Design Guidelines for Infill Development outlines design principles which should be incorporated new housing developments to maintain high level of amenity for both new and existing residents.

An assessment of the development against the relevant principles of design set out in the policy is contained in the table below:

Element

Development features

Responding to Context

There is an eclectic mix of subdivision patterns in the locality. The development is consistent with the existing street pattern in terms of the size and shape of the proposed building and the separation between adjoining dwellings.

The proposed landscaping is consistent with the context of the area as the retention of existing vegetation adjacent to the corner spay ensures the proposal will satisfactorily integrate with the existing streetscape.

Site Planning and Design

The development responds to the performance criteria in this section by providing the bulk of development towards the front of the site (street frontages) and applying the modest features of the development to the rear and side boundaries (garages).

Impacts on Streetscape

The development responds to the performance criteria in this section as it minimises the dominance of driveways and car park entries and is orientated to the street and therefore encourages passive surveillance of the public domain. The built form (single storey), fencing, street setbacks and vegetation is appropriately scaled with respect to the existing streetscape and is consistent with the desired character of the area.

Impacts on Neighbours

Design features of the development which are consistent with this section of the policy are as follows:

-    Landscaping to the eastern and southern boundaries will buffer the units internally and appease visual and acoustic impacts to the adjoining dwellings.

-    The proposal is single storey in nature and therefore reduces the visual bulk and scale of the development and minimises overshadowing impacts to the private open space of adjoining dwellings.

-   The roof form is articulated to provide visual relief to the building.

Internal Site Amenity

The development performs satisfactorily against this section of the policy as it maximises the use of private open space for each residence and provides safe and distinct entries from the street to each unit with suitable forms of access. The building is articulated and the roof form incorporates architectural elements to further highlight the orientation of each unit.

 

Based on the above assessment, Council can be satisfied the development appropriately responds to the design criteria of the Seniors Living Policy and therefore satisfied the key elements of designed for dual occupancy development.


Clause 40   Development may be carried out without consent

Clause 40 of the SEPP prescribes circumstances where development consent is not required for certain types of development, including that which is for the Land and Housing Corporation, and the proposal satisfies relevant standards of this Clause.

 

This proposal satisfies the SEPP provisions and as such does not necessitate development consent from Council however the proponent has elected to seek consent from Council under Part 4 of the Act as opposed to self assessment under Part 5 of the ACT.

State Environmental Planning Policy No.1 - Development Standards (SEPP 1)

The applicant seeks a variation to the minimum rear boundary setback of 4 metres under Clause 12(4) of Penrith Local Environmental Plan 1998 (Urban Land) LEP 1998. The development proposes a 1.2 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 will be used for the purpose of landscaped area (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, dwellings, swimming pools and paved areas in rear boundary setbacks. 

·        The non complying element of the structure located within the rear setback is the garage. This is a non habitable portion of the building and it does not impact on the privacy of adjoining residents, or result in unreasonable overshadowing.

·        Whilst the development is contrary to the minimum rear setback requirement, it complies with the requirements for minimum landscaped area and the building envelope control prescribed under Clause 12 of the LEP.

·        Strict compliance with the objective would hinder the attainment of the objects of the Act as it would not encourage the development of land for social welfare of the community and consequently reduce the provision of affordable housing.

·        The design of the development, being single storey and staggered with high quality design features such as orientation to each street frontage and maximum setbacks to the street, provides a positive contribution to the streetscape.  The garages are appropriately positioned to minimise privacy implications.

·        Strict compliance with the standard to achieve a 4 metre setback to the southern boundary would reduce the front setback to Ironbark Drive. A variation to Clause 12 of the LEP is considered more appropriate to maintain a consistent setback pattern to Ironbark Drive and ensure the development compliments the character of the area. In addition, the proposed building footprint provides sufficient separation to enable the retention of vegetation on the north western corner of the site, which maintains the landscape character of the area.

 

The proposed dual occupancy is to be used as affordable rental housing, administered through the Aboriginal Housing office, on behalf of the NSW Land & Housing Corporation. The development accords with the Objects under Clause 5 of the Environmental Planning & Assessment Act 1979 to encourage the provision and maintenance of affordable housing. Therefore based on the provision of Clause 5 and the arguments provided by the applicant; the SEPP 1 objection is accepted and has demonstrated that full compliance with the minimum rear boundary setback requirement is unreasonable and unnecessary in the circumstances of this case. 

 

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 below.

 

 

Standard

Proposed

Compliance

Clause 11

Minimum allotment size

650m2 for attached dual occupancy

827m2

Yes

Clause 12(3)

Building envelope

1.8 metres at side boundary with 450 angle inwards

The building encroaches beyond the nominated building envelope.

No.  See comment below.

Clause 12(3)

Maximum external wall height

6.5 metres

4 metres (max)

Yes

 

Clause 12(3)

Landscaping

50%

57.29% (473.81sqm)

Yes.

Clause 12(4)

Rear setback

4 metres (for a single storey development)

1.2 metre to the southern boundary along the garage.

No.  SEPP 1 application submitted.  See previous discussion in this report.

Building envelope

Proposed Unit 2 encroaches beyond the nominated building envelope with a portion of the walls (approximately 1.53 metres at the southern wall of Unit 2 and 1.3 metres at the western wall of Unit 1) 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.

 

In considering the above clause and the area of non compliance it is recommended the variation be permitted due to the following:

 

1.   The area of non compliance applies to the single garage for each unit which contributes to the function and amenity of the residential units.

2.   Any overshadowing impacts to adjoining properties will not compromise their enjoyment of solar access to the principal open space. Shadows cast will primarily impact on the outbuildings (carport and garages) which is considered acceptable.

3.   The proposal is consistent with the character of the local area where there is presently limited continuity of landscaped areas along boundaries of nearby properties.

 

The design of the building will make a positive contribution to the character of the streetscape whilst providing good utility and 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. 

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 from the DCP 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 feature varied alignments and high quality materials and finishes to articulate the north and western elevation of the building. The street frontages will feature landscape embellishment and conditions of consent are recommended to require appropriate implementation and maintenance of the landscaping for the life of the development. 

 

No fencing or retaining walls are proposed within the Bottlebrush and Ironbark Drive front boundaries.  Fencing will be incorporated to the southern and eastern boundaries of the site. The overall height of the fence and retaining walls is to a maximum of 2.2 metres which will maximise privacy to adjoining property owners without adversely compromising solar access. This is consistent with the objectives of the DCP and is appropriate for this site given the slope to the topography of the land.

 

The proposed internal retaining wall will suitably maintain privacy and provide courtyard fencing. It is recommended a condition be imposed to require the retaining walls to be of brick construction (to match or complement the building).  It will also require that boundary or courtyard fencing not extend beyond the front building line of the dwelling.

 

Privacy

The design of the building incorporates appropriate orientation of active living areas to be separated by either non-habitable outbuildings or corridors of open space (courtyard) which is consistent with DCP 2006 in regard to visual and acoustic privacy and outlook. However, due to the topography of the site and having regard to concerns raised over privacy implications, it is recommended that a condition of consent be imposed to require a suitable form of fixed screening to the eastern edge of the patio to Unit 1 (see Special Condition 2.2.1).  Materials selected should permit solar access to the courtyard however obscure views to the adjoining dwellings.

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

Built and Natural Environment

The development is sympathetic to the streetscape in both Ironbark Drive and Bottlebrush Drive 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 high quality 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 network in the locality. 

 

The development satisfies sustainable development principles through commitments including a rainwater tank for each unit, improved thermal comfort through the insulation installations, maximising provision for natural ventilation and use of alternative energy sources such as gas cooking appliances. The commitments proposed will be secured through conditions of development consent require BASIX installations in accordance with certificate number 421922M.

 

The site has adequate utility services & infrastructure. Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures are recommended as conditions of consent and will ensure the development does not have an adverse impact on the natural environment. 

 

Social and Economic

 

The development facilitates the provision of affordable housing and contributes to the Penrith Regions housing diversity. It provides opportunity for community inclusion for its future residents, in an area which is accessible to support services and employment and therefore the development is likely to offer social advantages to its tenants.

 

The development does not pose any adverse economic impact. It is a high quality design and having regard to the planning provision which apply to the land, a dual occupancy development on an appropriately sized corner lot, is part of the inherit character of the area. The development itself is unlikely to cause detrimental impact to the local economic status of the area.

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

 

In view of the assessment, the proposal makes efficient use of the land for the purpose of affordable rental housing. Based on the design merits of the application and its integration with the character of the surrounding area, 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

(i) Internal 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 objection, subject to the imposition of standard conditions.

Development Engineer

No objection, subject to the imposition of standard conditions.

(ii) Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, the proposed development was notified to nearby and adjoining residents and occupiers.

The application was placed on public exhibition between 4 October 2012 and 18 October 2012. Council notified 11 residences in the area and received seven submissions.

The issues raised in the submissions are summarised in the following table:

Issue Raised

Response

Antisocial behaviour, Neighbours Safety and Security and Tenancy Management

The concerns raised regarding the well-being and safety of neighbours has been raised with the NSW Land & Housing Corporation for consideration and the corporation has acknowledged receipt of the concerns. However, the concerns relate to previous experiences resulting for the tenancy of a dwelling on the subject site. The concerns are not considered to apply to all public housing residents, with the identified issues being an isolated occurrence. The development poses greater benefit to the public housing sector and is designed so that it can sympathetically contribute to increased social housing stock within the Greater Sydney Metropolitan Region. Having regard to the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, the development is satisfactory and any adverse impacts arising from the built form have been minimised through appropriate architectural design.

 

Notwithstanding, to provide a response to the social implications raised in the submissions; the corporation have their own procedures for handling their tenancies and associated complaints and the residents of the property are bound to a tenancy agreement to which they are required to maintain the property in a suitable manner. Tenants have support workers and client service managers who are available to facilitate good tenancy management. Should anti-social behaviour arise from future residences, concerns can be raised with the NSW Land & Housing Corporation and/or relevant authorities in order for appropriate investigation to be undertaken.

 

Privacy Impacts

Any potential for external overlooking from the private open space area is mitigated by the proposed retaining wall and 1.8m high fence to the eastern boundary. Details of the proposed fencing have been shown in the section plan prepared by the applicants’ architect. Furthermore, the active living areas of the units are separated by non habitable outbuildings. Where use of the development could be regarding as visually intrusive, it has been recommended, as conditions of development consent, that a suitably fixed privacy screen be erected to the edge of the patio to prevent cross viewing between adjoining properties.

Overshadowing

The proposal is consistent with the height limitations of the zone and is single storey in nature. A shadow diagram has been prepared by the applicant and demonstrates compliance with the DCP requirements in regard to solar access.

 

Overdevelopment of the site

Despite the non compliance with the rear setback, the development satisfies the minimum landscaped area and building height limitations of the LEP. Furthermore, the site area is well in excess of the minimum under LEP1998 for an attached dual occupancy development.

 

Development is inconsistent with the character of the locality

Council has considered the character of the surrounding developments in the area, and the proposal is of high quality material and finishes and presents as a single dwelling to both street frontages. The development suitably blends with the surrounding low density residential development.

 

Retaining wall acting as a foot hold to allow residents to look over fences to the adjoining properties.

It is acknowledged the development features retaining walls close to the south and east boundary fence. However, having regard to the type of vegetation proposed to those boundaries, and the separation between the retaining walls and the building itself, it would be difficult for residents to gain access to the retaining wall. The development features 1-8m high feature planting with dense ground cover to the area which surround the retaining walls. 

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

The proposal offers a development that is compatible with the existing streetscape and provides high quality design features. It is acknowledged that the notification process has given rise to concerns in regard to future social implications, and where possible, the development assessment process has been undertaken having regard to the matters raised.

 

To address the future management of the tenancies, Council has consulted with the applicant to ensure there is mutual recognition of the issues raised and it is envisaged that NSW Land & Housing Corporation will address tenancy management and respond to the concerns if and where required. When considering the merits of design, the justifications forward from the applicant and the provisions of the Act, it has been demonstrated that the development is consistent with the broader interest of the public as it delivers additional yields of affordable housing stock and makes efficient use of the land without compromising the amenity of its users and adjoining neighbours.

 

Section 94 Contributions

The following Section 94 Contribution Plans apply to dual occupancy developments:

 

·        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

 

However, in accordance with the Development Contribution Practice Note (issued by NSW Department of Planning in December 2006) the levying of contributions for the purpose of Affordable Housing is prohibited.

 

Therefore, the above Section 94 contributions do not apply to this particular development application.

 

Conclusion

The proposed development has been designed with regard to individual street frontages and provides a positive contribution to the existing streetscape in both Ironbark Drive and Bottlebrush Drive.  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 the LEP.  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 and is therefore supported.

 

The development provides for additional affordable rental housing in the locality.  It has been demonstrated that the site is suitable for the proposed development and the matters raised as part of community consultation have been addressed in the body of this report.

 

It is therefore 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 12/0989 Residential attached dual occupancy (No.46) Ironbark Drive, Cranebrook be received.

2.      Development Application DA12/0989 for the construction of two x two bedroom attached dual occupancy at Lot 319 in  DP231310 (No.46 Ironbark Drive, Cranebrook) be approved subject to the following conditions:

2.1    Standard Conditions

          B004      Dust

B005      Mud/Soil

D001     Implement Sediment & erosion control

          D005      No fill without prior approval    

D006     no filling without prior approval

D009     Covering of waste storage area

D010     Appropriate disposal of excavated or other waste

G003     Section 73

G004     Integral energy

G005     Rainwater tank - plumbing

H039     Rainwater tank pumps

H041     Hours of work (other devt)

K202     Roads act – minor roadworks

K208     Stormwater Discharge – Minor Development

K209     Stormwater Concept Plan

L001      General Landscaping

L002      Landscaping Construction

L005      Planting of plant material

L006      AS requirements

L007      Tree protection measures

P001      Costs

P002      Fees Associated with Council Land

Q010     BASIX Certificate

 

2.2    Special Conditions

2.2.1.                    A 1.65m high privacy screen is to be affixed to the eastern edge of                 Unit 1 patio.

 

2.2.2.          The development must be implemented substantially in accordance                                                with the following plans:

 

Drawing Title

Drawing No.

Rev

Prepared By

Dated

Site Plan

BG9SP(Sheet 2 of 9)

C

Hely Horne Perry Architects Pty Ltd

21.5.13

Ground Floor Plan

BG9SP(Sheet 3 of 9)

C

Hely Horne Perry Architects Pty Ltd

21.5.13

Elevations

BG9SP(Sheet 5 of 9)

C

Hely Horne Perry Architects Pty Ltd

21.5.13

Sections

BG9SP(Sheet 6 of 9)

C

Hely Horne Perry Architects Pty Ltd

21.5.13

Landscape Plan

BG9SP (sheet 8 of 9)

C

Hely Horne Perry Architects Pty Ltd

21.5.13

Concept Drainage Plan

BG9SP (Sheet 16986H02)

B

Hely Horne Perry Architects Pty Ltd

12.3.13

Schedule of External Finishes

-

-

Hely Horne Perry Architects Pty Ltd

-

                      and stamped approved by Council and any supporting information                                  received with the application, except as may be amended by the                                        following conditions.

 

2.2.3.          The work must be carried out in accordance with the requirements of    the Building Code of Australia.

 

2.2.4.          All aspects of the building design shall comply with the applicable        performance requirements of the Building Code of Australia.

 

2.2.5.          Prior to the Occupation of the development, the Land and Housing                             Corporation shall ensure that all works within the road reserve have                                   been inspected and approved by Penrith City Council.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Site, Elevations & Landscape Plans

3 Pages

Appendix

3. View

Floor Plans

2 Pages

Appendix

4. View

Hydraulic Stormwater Details

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 1 - Locality Map

 

PDF Creator


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 2 - Site, Elevations & Landscape Plans

 




Ordinary Meeting                                                                                                                    22 July 2013

Appendix 3 - Floor Plans

 



Ordinary Meeting                                                                                                                    22 July 2013

Appendix 4 - Hydraulic Stormwater Details

 


Ordinary Meeting                                                                                                     22 July 2013

 

 

 

7

Proposed Concept Plan for a Mixed Use Development and Stage 1 works for Construction of a Masters Store by Parkview Penrith Pty Ltd at 164 Station Street, Penrith  Applicant:  Parkview Pty Ltd;  Owner:  Urbis    

 

Compiled by:               Peter Wood, Development Assessment Co-ordinator

Authorised by:            Colin Wood, Acting Development Services Manager   

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

      

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

 

 

Executive Summary

A Preferred Project Report has been prepared by Urbis on behalf of Parkview Penrith Pty Ltd for a proposed concept plan for a mixed use development incorporating stage 1 works for a Masters Home Improvement Store at 164 Station Street Penrith (see Location Plan Appendix 1).  This proposal is the subject of a Major Project Application which has been with the Department of Planning since 2010 under the then Part 3A provisions and continued as an application under transitional arrangements when Part 3A was repealed.

 

The concept plan and proposed stage 1 works have been amended significantly to incorporate a Masters Home Improvement Store for which new Director General Requirements were issued and Environmental Assessment prepared. Council has made a number of submissions objecting to the proposal throughout the Department’s exhibition process. The Preferred Project Report is currently on exhibition with submissions due by 18 July 2013. This report represents the applicant’s final proposal in response to matters raised by the Department and in submissions. It is the final form of the proposal to be determined by the Department and is the final opportunity for Council to make a submission. The Department have granted an extension to the submission period for Council until 26 July to enable this matter to be reported to Council.

 

Council officers have reviewed the preferred project approval to inform Council’s submission. As the current proposal is comprised by a substantial proportion of retail land use as the only stage 1 works which is contrary to the current zoning and provisions for the land under Penrith City Centre LEP 2008, Council’s submission will maintain an objection to the proposal.

 

Background

The following extract from the Preferred Project Report summarises the history of this proposal:

 

-     “On 7 July 2010, the Minister for Planning formed the opinion under clause 6(1) of the State Environmental Planning Policy (Major Development) 2005 declaring the proposal to be a Major Project (MP09_0192) to which Part 3A of the EP&A Act applies.

-     The Director-General’s Environmental Assessment Requirements (DGRs) for the Concept Plan with Stage 1 works were issued by the DPI on 8 September 2010 and updated on 5 June 2012.

-     The Environmental Assessment was prepared in accordance with Part 3A of the EP&A Act and the provisions of the DGRs. The EA was initially lodged for a “test of adequacy” on 3 August 2012 with formal lodgement with DPI on 28 September 2012.

-     The Concept Plan was publicly exhibited from 17 October 2012 to 16 November 2012. Advertisements were placed in metropolitan and local newspapers and individual letters were sent to nearby land owners and residents advising the relevant details of the public exhibition of the EA.”

 

Council made a comprehensive submission on the proposal in December 2012 (copy attached Appendix 2). The most significant change of the amended application now before the Department as the preferred project is that the Stage 1 works and Masters Store is proposed at the northern end of the site on a new lot in a three lot subdivision to create a future road separating a new southern allotment.

 

Proposed Development

The following extract from the preferred project report summarises the current proposal. Site plans are included as Appendix 3.

 

“The Concept Plan application is for a staged mixed use development including residential, neighbourhood shops, bulky good, hardware and building supplies and garden centre, food and drink premises and tavern provided in six stages. The proposal comprises the following key components:

 

Stage 1: Bulky goods, hardware and building supplies and garden centre.

Stage 2: Approximately 15,950m² of residential development (152 apartments):

-     A 4 storey residential flat building containing approximately 32 apartments.

-     A 5 & 10 storey residential flat building containing approximately 120 apartments.

-     163 car parking spaces including 152 residential, 8 visitor and 3 car wash spaces.

-     Communal open space shared between residents of the two buildings.

Stage 3: Residential development of approximately 8,550m² (90 apartments), neighbourhood shops, cafés and a tavern:

-     A 5 & 6 storey residential flat building containing approximately 90 apartments with ground floor retail premises.

-     180 car parking spaces, including 90 residential, 5 visitor, 2 car wash, 10 retail/commercial spaces (staff) and 73 tavern spaces (visitor).

-     Neighbourhood shops/cafes of approximately 995m².

-     Communal open space for the use of residents.

-     Public open space in the form of a plaza of approximately 2,300m².

-     A tavern of 1,800m².

 

Stage 4: Approximately 17,450m² of residential development (166 apartments) as follows:

-     A 4 storey residential flat buildings containing approximately 48 units.

-     A 7 storey residential flat building containing approximately 118 units.

-     178 car parking spaces including 166 resident, 9 visitor and 3 car wash spaces.

-     Communal open space to be shared by the residents of the buildings.

Stage 5: approximately 12,600m² of residential development (110 apartments) as follows:

-     A 6 storey residential flat building containing approximately 60 units.

-     A 5 storey residential flat building containing approximately 50 units.

 

-     118 car parking spaces including 110 resident, 6 visitor and 2 car wash spaces.

-     Communal open space to be shared by the residents of the two buildings.

Stage 6: Approximately 5,450m ² of residential development (54 apartments) as follows:

-     2 x 4 storey residential buildings, 1 x 24 units and 1 x 28 units.

Communal open space to be shared by the residents of the two buildings.

-     56 car parking spaces including 52 residential, 3 visitor and 1 car wash space.

Construction of a local road network of approximately 8,980m², including an east-west street providing through connection between Station Street and Woodriff Streets and internal local residential streets. Stormwater infrastructure works designed to comply with relevant Council guidelines and DCP controls.”

 

 

Key Issues

The issues raised in Council’s most recent submission remain key concerns for the current proposal and are listed under the following headings:

 

-     Prohibited Land Use

-     Inconsistency with repeal of Part 3A legislation

-     Inconsistency with strategic direction for site

-     Loss of future city centre housing supply

-     Incompatible design

-     Lack of design excellence

-     Other available sites

-     Traffic Impacts

 

Of particular concern is that the only works proposed as part of Stage 1 in this concept plan is the Masters Home Improvement Store and the subdivision. If approved this would further fragment the site and the opportunity to realise housing on the remainder of the site. The site is largely a greenfield residential development opportunity in the city centre.  The zoning for residential housing was driven by the current owners and there are limited constraints to its development for that purpose.

 

Internal feedback from officers within Council has raised further concern with specific aspects of the new proposal which is summarised as follows:

 

Site Design

 

·    The Woodriff Street facade of the Masters building is essentially all ‘back of house’ and poorly addressed in terms of activation and architectural and landscape design to contribute to an appropriate streetscape amenity for this key street leading into the city and residential properties including a Child Care Centre opposite.

·    Residential blocks should address Woodriff Street, not face internally.

·    As gateway street into the CBD, Station Street has poor amenity with a sea of car parking and no pedestrian activation.

·    Built form to the Jamison Road edge lacks integrity and purpose to this main road leading to the river and escarpment beyond.

·    A cycle strategy is required within the site and along Station Street and Woodriff Street.

·    Linkages between open spaces are poor and do not link in some cases thus eroding permeability.

·    A predominant pedestrian route through the Masters car park is not supported.

·    The extent of underground parking reduces the capacity for meaningful and quality landscaping (i.e. insufficient deep soil zones).

·    There is insufficient compensatory landscaping in Stage 1 for the many mature trees to be removed. A number of these trees are iconic and of high value.

·    The tree planting method in the car park for Stage 1 is not best practice. Much larger beds are required for improved growing conditions.

·    Perimeter landscaping for Stage 1 is scant and inadequate relative to the bulk and scale of the building and surrounding activities.

 

 

 

 

Traffic

 

·    The proposal has omitted the two intersections requiring traffic signals (Jamison Road and Station Street and Jamison Road and Woodriff Street). These two intersections are critical in ensuring safe amenable access to the precinct is maintained.

·    Signals at the intersection of Ransley Street / Station Street and the new access into the site are required but the concept configuration is not supported as it relies on a right filter turn being available into the site without a dedicated turning lane. This contradicts planning for the city centre which identifies Station Street as an important corridor for access into the CBD.

·    The plaza and tavern area should be adjacent to Ransley Street when having regard to pedestrian signals provided on all legs. Provisions for pedestrian safety must be reviewed with amenity and safety of vital importance.

·    A heavy vehicle management plan is required to ensure no BB lines are crossed or pedestrian paths and movements compromised. The loading dock egress to Woodriff Street must be designed to ensure residential impact is mitigated with regards to headlight glare and hours of operation.

 

Engineering

 

·    Insufficient information and technical analysis has been provided to allow for a proper assessment of engineering issues associated with the proposal, particularly in regards to local flooding and stormwater. Issues associated with local flooding and stormwater should be addressed with the concept plan to identify any shortcomings, particularly with regards to the safe passage of overland flows and capacity of existing stormwater infrastructure.

·    A staging plan for the delivery of all civil infrastructure should be provided. The civil infrastructure staging plan is to align with the staging plan for the development. This is important to ensure that key infrastructure connections are delivered appropriately.

·    Heavy vehicle access and turning paths for the Masters development are not satisfactory. Heavy vehicles turning from Woodriff Street cross the centreline of the road which will result in vehicular conflicts and safety issues for queuing vehicles.

·    There appears to be reliance on on-street parking for visitor access to the retail/commercial spaces. It is proposed that on-street parking only be provided on one side of the local road network. Given the nature of the development being commercial/residential, it would be more appropriate to provide parking on both sides of the road. In this regard, a minimum carriageway width of a minimum of 11m should be applied to provide for two travel lanes and two parking lanes.

 

Community Safety

 

·    The close proximity of the tavern to the Centrebet stadium and plaza area presents a risk of alcohol related assault and antisocial behaviour, particularly after games.

·    The Crime Prevention Officer from Penrith Police has indicated that the police have similar concerns with the proposal.

 

 

 

Environment

 

·    The 2.4m high masonry wall proposed along the southern side of the Masters Home Improvement centre, adjacent Woodriff Street, is not supported due to adverse visual impacts. It is noted note this wall is not required for noise attenuation purposes.

·    Waste management has not been addressed for the Masters Home Improvement centre.

 

 

Conclusion

 

Council’s submission is now due by 26 July 2013. The Department will then complete its assessment of the preferred project and the matter will be reported to the Planning Assessment Commission (PAC) for determination. Council may be given the opportunity to address the PAC prior to the matter being determined. A review of the Preferred Project has revealed that the reasons for Council’s continued objection to the proposal remain. Stage 1 of the proposal, being a Masters Home Improvement Store, represents a prohibited use under, and is inconsistent with, Penrith City Centre LEP2008 and Draft LEP 2013. Questions remain over the statutory ability for this proposal to be assessed and determined as a Part 3A application. The application has not demonstrated adequate regard to necessary infrastructure and concerns are raised over potential impact on community safety and the environment. There is other available, suitably zoned land in the area, the stage 1 proposal does not respond to its’ context with regard to surrounding land uses, and as such the site is not suitable for the proposed development.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed Concept Plan for a Mixed Use Development and Stage 1 works for Construction of a Masters Store by Parkview Penrith Pty Ltd at 164 Station Street, Penrith be received.

2.     Council make another submission objecting to the amended proposal.

 

         

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Previous Council Submission

15 Pages

Appendix

3. View

Landscape Masterplan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 1 - Locality Plan

 


Ordinary Meeting                                                                                                                    22 July 2013

Appendix 2 - Previous Council Submission

 
















Ordinary Meeting                                                                                                                    22 July 2013

Appendix 3 - Landscape Masterplan

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

8        Federal Government 2014/15 'Nation Building Black Spot Program' Nominations and Funding Acceptance of Projects under the 2013/14 'State 50/50 Black Spot Program'               119

 

9        Roads and Maritime Services (RMS) 2013/14 Road Funding Grants                           123

 

 



Ordinary Meeting                                                                                                     22 July 2013

 

 

 

8

Federal Government 2014/15 'Nation Building Black Spot Program' Nominations and Funding Acceptance of Projects under the 2013/14 'State 50/50 Black Spot Program'   

 

Compiled by:               David Drozd, Senior Traffic Engineer

Authorised by:            Adam Wilkinson, Engineering Services Manager   

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

       

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for projects to be nominated under the Federal Government’s 2014/15 ‘Nation Building Black Spot Program’ and to consider acceptance of funding under the ‘State 50/50 Black Spot Program’ for 2013/14. The report recommends that the five nominated projects be submitted to the NSW Black Spot Consultative Panel of the Roads and Maritime Services (RMS), and that the State Funding under the Black Spot Program for 2013/14 be accepted.

Background

The RMS has invited Council to identify and nominate new conforming projects for the 2014/15 ‘Nation Building Black Spot Program’, and to forward its submissions to the NSW Black Spot Consultative Panel by Friday, 16 August 2013.

 

Over the past five years, Council has been successful in applications for Black Spot funding, and recently (24 June 2013), Council endorsed the acceptance of grant funding of $220,000 offered for the successful Black Spot Projects for the 2013/14 financial year.

 

Over the past five years, this funding has assisted Council to address significant accident Black Spots (and lengths) across our Local Government Area. These improvements have the potential to save lives and importantly, these projects have contributed greatly towards making our roads safer for all users.

 

Current Situation

Project Nominations 2014/15 ‘Nation Building Black Spot Program’

The following five projects listed in Table 1 (below) are recommended for endorsement by Council for nomination under the 2014/15 ‘Nation Building Black Spot Program’. The RMS will only fund a maximum of five projects each nomination year and therefore Council is expected to prioritise its projects.

 

Council has included for the first time, a ranking list by order of Road Safety Impact (RSI). The RSI index is the number of serious accidents that will be prevented over the life of the proposed project. Traditionally, the RMS has only considered the overall Benefit Cost Ratio (BCR) to the community from a cost perspective (time out of the workforce, etc), yet the RSI index is morally the most valuable consideration of a community project when having regard to the saving of human life and prevention of disability and serious casualty accidents. The RMS are currently using the RSI index in other grant funded programs, but this has yet to translate to the Black Spot program for the Sydney Metropolitan area.

 

Analysis of the accidents is based on the RMS recorded accident data available to Council for the five year period from 1 July 2007 to 30 June 2012. Nominated projects were prioritised according to the number of injury crashes that had occurred over the five year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.

 

Projects were shortlisted from the total list of identified locations in the Local Government Area (LGA) that met the minimum eligibility criteria for the program (i.e. three injury accidents in five years). Of these locations, the five highest risk locations were more thoroughly examined, with remediation treatments and estimated costs attributed to each project. The final list of projects offers the Penrith LGA the greatest yield in terms of accident savings for the nomination year.

 

 

TABLE 1
List of Projects to be Submitted to the RMS under the

2014/15 ‘Nation Building Black Spot Program’

 

 

Street

Intersection

Accidents

Suggested Improvements

Est. Cost

RSI

BCR

 

 

 

Total

Cas

 

 

 

 

1

Glossop St, St Marys

Option A

38

16

Signalising Glossop and Adelaide St, Closing Glossop and Brisbane St Median, Closing Glossop and King Street Median, Turning Capacity improvements Glossop St with Chapel St

$750,000

10.885

5.59

2

Glossop St, St Marys

Option C

38

16

Physically Ban Right Turn Glossop St into Adelaide St, Brisbane St physical Right Turn Ban into Glossop St, Closing Glossop and King St Median, turning capacity improvements Glossop St with Chapel St

$450,000

8.386

9.14

3

Ninth Ave, Llandilo

2.2km Black Spot Length Between Terrybrook Rd and Second Ave

18

7

Shoulder Seal, Guardrail, Removal of Roadside Hazards, Install Curve Alignment Markers

$125,000

3.041

11.95

4

Parkes Ave, Werrington

550m Black Spot length between Victoria St and Werrington Rd

6

3

2 x Pedestrian refuges, one near basketball court, other near tennis court, signage and lines upgrades, wire rope

$50,000

1.128

7.49

5

Griffiths St, St Marys

Vine St

3

3

Median Island Stop Treatment

$25,000

0.536

10.16

 

 

 

 

 

TOTAL

$1,400,000

 

 


It is noteworthy to consider that the Glossop Street project ‘Options A and C’ were previously considered at Council’s Local Traffic Committee meeting on 6 May 2013 and Council resolved (in part) on the recommendation of the Committee, that;

3.   “Detailed Benefit Cost Analysis be undertaken for Options A and C with a view to including these projects in the annual report submitted to Council endorsing projects to the Nation Building Black Spot Program, and a further report be provided to Council to endorse projects for the 2014/2015 Nation Building Black Spot Program.”

Project ‘Option A’ for Glossop Street has the highest RSI of any of the listed sites with almost 11 serious casualty accidents prevented over the life of the project. It is therefore proposed that ‘Option A’ be highlighted to the RMS as being Council’s preferred design solution to address the high crash rate along Glossop Street. Should ‘Option A’ not be funded, then Council would seek RMS support for the funding of ‘Option C’.

In addition to sites on Council’s road network, it is noted that the locations under the RMS control and management, as shown in Table 2 (below) have a high accident history resulting in multiple casualties.

TABLE 2
List of Sites Under RMS Control & Management

 

Item


Primary Road

Intersecting Street

Total Number of Casualty Accidents (5 yrs)

1

The Northern Road

Western M4

26

2

Mulgoa Road

Western M4

22

3

Mamre Road

Wilson/Lonsdale

21

4

Great Western Highway

Charles Hackett Drive

16

5

Great Western Highway

Bennett Road

14

6

Parker Street

Copeland Street

13

7

Roper Road

Western M4

12

8

Mamre Road

Saddington Street

10

9

Great Western Highway

Marsden Road

10

10

The Northern Road

Maxwell Street

9


The RMS will be advised that these locations on its Arterial Road Network should be investigated as a matter of priority due to their high casualty accident rates.

 

Funding Acceptance – 2013/14 ‘State 50/50 Black Spot Program’

Council has just received funding advice under the 2013/14 ‘State 50/50 Black Spot Program’ that three sites have been offered funding to a total value of $165,000. The projects are listed below in Table 3.

 

 

 

 

TABLE 3
Sites approved under the 2013/14 ‘State 50/50 Black Spot Program’

 

PROJECT

PROJECT DESCRIPTION

PROJECT COST

RMS FUNDING OFFERED

(50/50)

S/07466

Install raised island with additional Stop sign at McIntyre Ave and Mamre Road, St Clair

$40,000

$20,000

S/07472

Install pedestrian refuge with kerb blisters. Install separate through and parking lane, with painted line reinforced with kerb blisters at Banks Drive and Mamre Road to Bennett Road (2.8km), St Clair

$40,000

$20,000

S/07473

Install one lane roundabout at Maxwell Street and Aspen Street, South Penrith

$250,000

$125,000

 

TOTAL

 

$165,000

 

Financial Services Management Comment

 

Acceptance of this grant requires Council to match the $165,000 being offered. As in previous years, this matching funding will be sourced from Council’s Traffic and Transport Facilities Program which has a current budget of $292,839. This would leave $127,839 for other Traffic and Transport Facilities required throughout the year.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Federal Government 2014/15 'Nation Building Black Spot Program' Nominations and Funding Acceptance of Projects under the 2013/14 'State 50/50 Black Spot Program' be received.

2.     Council endorse the five projects list