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A MOTION was MOVED by Councillor Kevin
Crameri OAM seconded by Councillor Michelle Tormey
That:
1. The information contained in
the report on Development Application 13/0619 at Lot 3139 DP 1168995, Lot
3139 Sinclair Parade Jordan Springs for a Proposed Torrens Title Subdivision
Creating 210 Residential Lots and 1 Residue Lot with New Roads and Associated
Earthworks and Civil Works be received.
2. A site inspection be undertaken
of the residual area that has been deferred being the north-eastern corner of
the development site.
3. Development Application
No.13/0619 for the proposed Torrens Title subdivision creating 210
residential lots and one (1) residue lot with new roads and associated
earthworks and civil works at Lot 3139 DP 1168995, Lot 3139 Sinclair Parade
Jordan Springs be determined by granting a partial consent in accordance with
Section 80(4)(b) of the Environmental Planning and Assessment Act, 1979 except for the north-eastern corner of the development site
subject to the following conditions.
Standard Conditions
3.1 A001 Approved plans
that are architecturally drawn
A005 Approval Body’s
consent (for Integrated DA’s)
A041 Construction in
bushfire areas
A042 Asset protection zones in
bushfire areas
A044 Compliance with NSW Rural
Fire Service conditions of consent
A046 Obtain Construction
Certificate before commencement of works
B005 Mud/Soil
C003 Uncovering relics
D005 No filling without
prior approval
D06A Approval for bulk
earthworks/major filling operations
D009 Covering of waste
storage area
D010 Appropriate disposal of
excavated or other waste
G001 Installation of
services and service clearance (subdivision)
H01F Stamped plans &
erection site notice 2
H002 All forms of construction
K101 Works at no cost to
Council
K201 Sediment & Erosion
Control – CC approval
K202 Roads Act – Minor
roadworks
K205 Construction Certificate
for Subdivision Works
K206 Road design criteria
table
K207 Road Safety Audit
K213 Water Quality
K224 Inter-allotment drainage
K225 Bus Stops
K301 Sediment & Erosion
Control - Installation
K304 Matters to be addressed
prior to commencement of Subdivision Works
K401 Erosion and sediment
control
K404 Services - Underground
K405 Street Lighting
K407 Major Filling
K408 Soil testing -
Subdivisions
K503 Stormwater Compliance
K504 Restriction as to User
and Positive Covenant
K507 Linemarking & Signage
K510 Street Signs
K511 Bond for final wearing
course
K513 Maintenance Bond
K514 Subdivision Compliance
documentation
L002 Landscape
construction
L005 Planting of plant
material
L006 AS requirements
L009 Tree Preservation Order
(for subdivision)
M001 Prior to subdivision work
M008 Linen Plan
M009 88B Instrument
M014 Surveyors certificate
P001 Costs
P002 Fees associated with
Council land
Q001 Notice of Commencement
& Appointment of PCA1
Q008 Subdivision Certificate
Special Conditions
3.2 The
applicant shall at all times comply with the Bush Fire Safety Authority
issued by NSW Rural Fire Service (Ref D13/1417 DA 13070188008 MA) dated 2
August 2013 and the following conditions:
Asset Protection Zones
The intent of measures is to
provide sufficient space and maintain reduced fuel loads so as to ensure
radiant heat levels of buildings are below critical limits and to prevent
direct flame contact with a building. To achieve this, the following
condition shall apply:
(a) At
the issue of Subdivision Certificate and in perpetuity each lot shall be
managed in accordance with Table 1 of Eco Logical’s Bush Fire Assessment
Report, reference 09SUTBUS-001, dated 18/6/2013 as an Inner Protection Area
(IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush
Fire Protection 200’ and the NSW Rural Fire Service’s document ‘Standards for
Asset Protection Zones”,
Water and Utilities
The intent of measures is to
provide adequate services of water for the protection of buildings during and
after the passage of a bush fire, and to locate gas and electricity so as not
to contribute to the risk of fire to a building. To achieve this, the
following condition shall apply:
(b) Water,
electricity and gas are to comply with Section 4.1.3 of ‘Planning for Bush
Fire Protection 2006’.
Access
The intent of measures for
public roads is to provide safe operational access to structures and water
supply for emergency services, while residents are seeking to evacuate from
an area. To achieve this, the following condition shall apply:
(c) Public
roads shall comply with Section 4.1.3(1) of ‘Planning for Bush Fire
Protection 2006’, except in the instance of providing a public perimeter
road.
3.3 Construction
for any future dwellings should consider the BAL map (Figure 4) supplied by
Eco Logical’s Bush Fire Assessment Report, referenced 09SUTBUS-000, dated
18/6/2013.
3.4 The
applicant shall at all times comply with the concurrence issued NSW Roads and
Maritime Services (RMS) (Ref SYD13/00741 (A4830590)) dated 17 July 2013 and
the following conditions:
(a) All
works/regulatory signposting associated with the proposed development are to
be at no cost to RMS.
(b) The
developer shall be responsible for all public utility adjustment/relocation
works, necessitated by the above work and as required by the various public
utility authorities and/or their agents.
(c) Detailed
design plans and hydraulic calculations of any changes to the stormwater
drainage system are to be submitted to RMS for approval prior to the
commencement of any works.
Details should be forwarded
to:
The Sydney Asset Management
Roads and Maritime Services
P O Box 973 PARRAMATTA CBD
2124
A plan checking fee will be
payable and a performance bond nay be required before RMS’s approval is
issued. With regard to the Civil Works requirement please contact the RMS’s
Project Engineer, External Works Ph : 8849 2114 or Fax : 8849 2766.
(d) Any
proposed temporary/partial road closures will require the applicant to apply
for a Road Occupancy Licence (Form C & D) by contacting the Transport
Management Centre’s Planned Incidents Unit on (02) 8396 1513 during office
hours (8am – 4pm) or 131 700 after hours.
The applicant will be required
to submit the Road Occupancy Licence forms/traffic management plan at least
10 working days prior to the start of works. Plans should be forwarded to
the Supervisor Planned Incidents Unit, Transport Operations, Transport
Management Centre or on facsimile (02) 8396 1530.
If it is intended to undertake
road opening work, the applicant will need to obtain a Road Opening Licence.
Details can be obtained from RMS’s Sydney Projects Section, Parramatta (Ph:
8849 2496).
(e) The
design and construction of the left-in/left –out intersection and median on
The Northern Road shall be in accordance with RMS’s requirements. Details of
these requirements should be obtained from RMS’s Project Services Manager,
Traffic Projects Section, Parramatta (PH: 8849 2496).
Detailed design plans of the
proposed civil works are to be submitted to RMS for approval prior to the
commencement of any road works.
A plan checking fee (amount to
be advised) and lodgement of a performance bond may be required from the
applicant prior to the release of the approved road design plans by RMS.
The developer may be required
to enter into a Works Authorisation Deed (WAD) for the abovementioned works.
Please note that the Works Authorisation Deed (WAD) will need to be executed
prior to the RMS’s assessment of the detailed civil design plans.
(f) All
ingress/egress to the subdivision shall only be left turn movements into/from
The Northern Road.
(g) All
construction vehicles are to be contained wholly within the site and vehicles
must enter the site before stopping. A construction zone will not be
permitted on The Northern Road.
(h) All
vehicle ingress/egress to/from the subdivision shall be from the internal
road network. Vehicular access to individual lots is not permitted from The
Northern Road.
(i) If
not already in place, full time “No Stopping” restrictions are to be
implemented along the full The Northern Road frontage of the development
site. Prior to the installation of the parking restrictions the applicant is
to contact RMS’s Traffic Engineering Services.
(j) The
layout of the proposed car parking areas associated with the subject
development (including driveways, grades, turn paths and sight distance
requirements) should be in accordance with AS 2890.1-2004 and AS 2890.2-2002
for heavy vehicle usage.
(k) The
swept path of the longest vehicle (including garbage trucks) entering and
existing the subject subdivision, as well as manoeuvrability through the
subdivision, shall be in accordance with AUSTROADS. In this regard, plans
shall be submitted to Council for approval which shows that the proposed
development complies with this requirement.
(l) The
car parking provision is to be to Council’s satisfaction.
(m) A
Construction Traffic Management Plan detailing construction vehicle routes,
number of trucks, hours of operation, access arrangements and traffic control
should be submitted to Council prior to the issue of the Construction
Certificate.
(n) The
proposed development will generate additional pedestrian movements in the
area. Consideration should be given to ensuring pedestrian safety,
particularly along The Northern Road..
3.5 The
development shall be carried out in accordance with the procedures set out in
the Western Precinct Contamination Management Plan and the conditions and
procedures set out in the Site Audit Statements relating to the Western
Precinct.
3.6 All
bicycle path construction is to be in accordance with the relevant provisions
of the RTA’s NSW Bicycle Guidelines and AUSTROADS Guide to Traffic
Engineering Practice – Part 14 Bicycles.
3.7 Approval
is granted for the removal of trees within the property boundaries only.
Tree protection measures shall be provided in accordance with Section 2.6
Landscape of the Penrith Development Control Plan 2006 to trees likely to be
affected by the proposal.
3.8 To
ensure compliance with the principles of Crime Prevention Through
Environmental Design, the following should be applied to enhance the safety and
security of all users of this development and minimise the crime risk
associated with this development:
(a) Lighting
· All street lighting shall be
designed in accordance with Council’s Public Domain Lighting Policy and
relevant Australian Standards and requirements.
· Lighting must be of sturdy
construction and vandal resistant.
· All pedestrian and cycle networks
shall be well lit in accordance with the abovementioned standards.
· The location and design of
lighting should take into account all vegetation and landscaping that may
reduce the effectiveness of lighting or act as an entrapment spot, including
street trees.
· Proposed bus stops must be
well-lit in accordance with Australian Standards to provide safe night-time
travel for users.
· Street lighting shall be provided
to the cul-de-sac Road No.4 the potential pedestrian linkage onto Road No.
303 and Road No. 8 to ensure a safe path of night-time travel and to enable
bus drivers to view pedestrians approaching the road.
(b) Landscaping
· Low level planting and high
canopied vegetation shall be provided to public spaces intended for
passive/active uses (including parks, reserves, walking paths, cycle paths,
bus stops) to promote good levels of surveillance and minimise concealment
opportunities through effective landscaping. is recommended. Dense shrubs
must be avoided, particularly near public seating and walking paths.
· The proposed street trees should
not obstruct sightlines for pedestrians or vehicles.
· Orientate residential frontages
facing the park directly onto surrounding residential streets to increase
casual surveillance of the area.
(c) Vandalism/graffiti
· Graffiti resistant coatings must
be applied to the rear fence along The Northern Road boundary to assist in
the prompt removal of graffiti.
· Street/park furniture (i.e.
seating, bus shelters, bins) and play equipment shall utilise vandal
resistant treatments and should be constructed of sturdy materials to
minimise opportunities for malicious damage, graffiti, vandalism and theft.
Graffiti resistant coatings must be applied to any surfaces subject to
graffiti to assist with removal.
· Position park furniture and
playground equipment in locations with good levels of surveillance to
minimise the risk of vandalism or other forms of antisocial behaviour,
particularly at night.
3.9 Prior
to the issue of an Engineering Construction Certificate, the applicant shall
submit to Council the following information:
· Two copies of the
archaeological document that outlines the found artefacts on the site.
· Details in relation to
the storage of the found artefacts
· Information in
relation to interpretation on-site of the found artefacts. This
Interpretation strategy is to be approved by Council prior to the release of
Engineering Construction Certificate.
The final Interpretation
elements incorporated into the overall site such as adjacent to the Lake
Area, is to be installed and approved by Council prior to the release of
linen plans.
3.10 The
soil salinity management measures outlined within the Western Precinct Plan
must be implemented during construction. The measures and
recommendations outlined in the Salinity Review prepared by Geotech Testing
Pty Ltd Ref 7508/23-AA Final Revised dated 8 March 2012 are to be adopted and
implemented as a part of the development.
3.11 Dust
suppression techniques are to be employed during construction to reduce any
potential nuisances to surrounding properties.
3.12 All
soil material stockpiled for future use on the site is to be stored in such a
manner so as to minimise dust.
3.13 Construction
works shall be carried out in accordance with the NSW Department of
Environment and Climate Change’s (2009) “Interim Construction Noise
Guideline.
3.14 All construction works that involve the use
of heavy vehicles, heavy machinery and other equipment likely to cause
offence to adjoining properties, are restricted to the following hours in
accordance with the NSW Department of Environment and Climate Change’s (2009)
“Interim Construction Noise Guideline”:
§ Mondays
to Fridays, 7am to 6pm
§ Saturdays,
7am to 1pm (if inaudible on neighbouring residential premises), otherwise 8am
to 1pm
§ No
work is permitted on Sundays and Public Holidays.
Other construction works that are carried out inside a building that do
not involve the use of equipment that emits noise are not restricted to the
construction hours stated above.
The provisions of the Protection
of the Environment Operations Act 1997 in regulating offensive noise also
apply to construction works.
3.15 For
development within Stage 3C1, noise levels from or in the premises shall not
exceed the relevant noise criteria detailed in ‘Lend Lease Stage 3
Development Jordan Springs: Noise Impact Assessment’ prepared by Sinclair
Knight Merz (SKM) and dated 19 July 2011. The recommendations provided in the
above-mentioned acoustic report shall be implemented and incorporated into
the design and construction of future dwellings on the site and (where
relevant) shall be shown on plans accompanying the Construction Certificate
application.
The provisions of the Protection
of the Environment Operations Act 1997 apply to the development, in terms of
regulating offensive noise.
3.16 Prior to the issue of a Subdivision Certificate, a Section 88B
restrictive covenant in accordance with the Conveyancing Act, 1919 is to be
registered against the new land titles for those lots marked as “Noise
attenuation required to dwelling” on the site plans titled “Village 3C1 DA
Building Envelope Plan Sheet A, Issue A” and “Village 3C1 DA Building
Envelope Plan Sheet B, Issue A”, that:
· refers to the ‘Lend
Lease Stage 3 Development Jordan Springs: Noise Impact Assessment’ prepared
by Sinclair Knight Merz (SKM) and dated 19 July 2011
· stipulates the noise
criteria as outlined in the above document and ensures that it be achieved
· provides advice on the mechanisms
required for that lot to meet the criteria (including a reference to Section
6.0 of the above Report).
3.17 Under
Section 138 of the Roads Act, a Roads Act approval from the Roads and
Maritime Service is to be obtained for the intersection works at The Northern
Road and Road No 1.
3.18 Temporary on-site detention and erosion and sediment control
basins shall be provided generally on accordance with the concept plans
lodged for the development approval prepared by J Wyndham Prince,
reference 9343/02 sheets DA01 – DA21, revision B, dated 18/06/2013
Engineering plans and supporting
calculations for the on-site detention system are to be prepared by a
qualified Hydrologic/Hydraulic Engineer and shall accompany the application
for a Construction Certificate.
An operation and maintenance
manual shall be approved by the Certifying Authority as part of the
Construction Certificate documentation.
Prior to the
issue of a Construction Certificate the Certifying Authority shall ensure that
the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction
Guidelines and Construction Specification for Civil Works.
3.19 Prior
to the issue of a Construction Certificate a Construction Traffic Management
Plan detailing construction vehicle routes, number of trucks, hours of
operation, access arrangements and traffic control shall be submitted to
Penrith City Council.
3.20 Prior to the issue of a Construction Certificate the Certifying
Authority shall ensure that the design of the roundabout at the
intersection of Road No’s 1 & 303 complies with Austroads guidelines.
The roundabout is to incorporate pedestrian refuge facilities and bicycle
crossing facilities. The provision of irrigation and drainage for
landscaping is also to be incorporated.
3.21 Prior
to the commencement of works a copy of the pavement design report is to be
submitted to Penrith City Council.
3.22 Prior
to the issue of a Subdivision Certificate, the Principal Certifying Authority
shall ensure that all works relating to the utility service lead in works
within public road reserves have been inspected and approved by Penrith City
Council.
3.23 Prior
to the issue of a Subdivision Certificate the treatment of the intersection
of The Northern Road / Road No 1 shall be constructed to the satisfaction of
the Roads & Traffic Authority and Penrith City Council.
3.24 Prior
to the issue of the Subdivision Certificate street trees are to be planted in
accordance with the street tree plans numbered WPv3C1STPa & WPv3C1STPb,
issue A, dated 16/06/2013
3.25 The
temporary on-site detention system and erosion and sediment control system
shall be maintained by the person/company with the benefit of the development
consent in accordance with the Operation and Maintenance Manual prepared by J
Wyndham Prince, reference ‘Jordan Springs Stage 3C1 – Interim Detention and
Sediment Basins Operation and Maintenance Manual’, until development runoff
is diverted into the ultimate water quality / detention system and the
temporary system has been decommissioned. A minimum 12 month maintenance
period
3.26 A
suitable fence between the eastern perimeter road and Regional Park is to be
provided in consultation and agreed to by National Parks and Wildlife Service
unless otherwise agreed to (in writing).
Advisory
Condition
3.27 The
site is subject to the provisions of the St Marys Penrith Planning Agreement,
as amended. The applicant is reminded of the obligations under the Planning
Agreement with regard to the delivery of certain infrastructure and services
as part of the development of the Western Precinct. All works shall be
carried out in accordance with the requirements of the St Marys Penrith
Planning Agreement, as amended.
4. Those who made a submission be
advised of Council’s decision.
229 An AMENDMENT was MOVED by
Councillor Jim Aitken OAM seconded Councillor Marcus Cornish
That:
1. The information contained in
the report on Development Application 13/0619 at Lot 3139 DP 1168995, Lot
3139 Sinclair Parade Jordan Springs for a Proposed Torrens Title Subdivision
Creating 210 Residential Lots and 1 Residue Lot with New Roads and Associated
Earthworks and Civil Works be received.
2. Council form the opinion that
the subject application does not have a ‘significant effect’ on threatened
species, population or an ecological community as outlined within the body of
this report.
3. Development Application
No.13/0619 for the proposed Torrens Title subdivision creating 210
residential lots and one (1) residue lot with new roads and associated
earthworks and civil works at Lot 3139 DP 1168995, Lot 3139 Sinclair Parade
Jordan Springs be determined by granting a partial consent in accordance with
Section 80(4)(b) of the Environmental Planning and Assessment Act, 1979 except for the north-eastern corner of the development site
subject to the following conditions.
Standard Conditions
3.1 A001 Approved plans
that are architecturally drawn
A005 Approval Body’s
consent (for Integrated DA’s)
A041 Construction in
bushfire areas
A042 Asset protection zones in
bushfire areas
A044 Compliance with NSW Rural
Fire Service conditions of consent
A046 Obtain Construction
Certificate before commencement of works
B005 Mud/Soil
C003 Uncovering relics
D005 No filling without
prior approval
D06A Approval for bulk
earthworks/major filling operations
D009 Covering of waste
storage area
D010 Appropriate disposal of
excavated or other waste
G001 Installation of
services and service clearance (subdivision)
H01F Stamped plans &
erection site notice 2
H002 All forms of construction
K101 Works at no cost to
Council
K201 Sediment & Erosion
Control – CC approval
K202 Roads Act – Minor
roadworks
K205 Construction Certificate
for Subdivision Works
K206 Road design criteria
table
K207 Road Safety Audit
K213 Water Quality
K224 Inter-allotment drainage
K225 Bus Stops
K301 Sediment & Erosion
Control - Installation
K304 Matters to be addressed
prior to commencement of Subdivision Works
K401 Erosion and sediment
control
K404 Services - Underground
K405 Street Lighting
K407 Major Filling
K408 Soil testing -
Subdivisions
K503 Stormwater Compliance
K504 Restriction as to User
and Positive Covenant
K507 Linemarking & Signage
K510 Street Signs
K511 Bond for final wearing
course
K513 Maintenance Bond
K514 Subdivision Compliance
documentation
L002 Landscape
construction
L005 Planting of plant
material
L006 AS requirements
L009 Tree Preservation Order
(for subdivision)
M001 Prior to subdivision work
M008 Linen Plan
M009 88B Instrument
M014 Surveyors certificate
P001 Costs
P002 Fees associated with
Council land
Q001 Notice of Commencement
& Appointment of PCA1
Q008 Subdivision Certificate
Special Conditions
3.2 The
applicant shall at all times comply with the Bush Fire Safety Authority
issued by NSW Rural Fire Service (Ref D13/1417 DA 13070188008 MA) dated 2
August 2013 and the following conditions:
Asset Protection Zones
The intent of measures is to
provide sufficient space and maintain reduced fuel loads so as to ensure
radiant heat levels of buildings are below critical limits and to prevent
direct flame contact with a building. To achieve this, the following
condition shall apply:
(a) At
the issue of Subdivision Certificate and in perpetuity each lot shall be
managed in accordance with Table 1 of Eco Logical’s Bush Fire Assessment
Report, reference 09SUTBUS-001, dated 18/6/2013 as an Inner Protection Area
(IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush
Fire Protection 200’ and the NSW Rural Fire Service’s document ‘Standards for
Asset Protection Zones”,
Water and Utilities
The intent of measures is to
provide adequate services of water for the protection of buildings during and
after the passage of a bush fire, and to locate gas and electricity so as not
to contribute to the risk of fire to a building. To achieve this, the
following condition shall apply:
(b) Water,
electricity and gas are to comply with Section 4.1.3 of ‘Planning for Bush
Fire Protection 2006’.
Access
The intent of measures for
public roads is to provide safe operational access to structures and water
supply for emergency services, while residents are seeking to evacuate from
an area. To achieve this, the following condition shall apply:
(c) Public
roads shall comply with Section 4.1.3(1) of ‘Planning for Bush Fire
Protection 2006’, except in the instance of providing a public perimeter
road.
3.3 Construction
for any future dwellings should consider the BAL map (Figure 4) supplied by
Eco Logical’s Bush Fire Assessment Report, referenced 09SUTBUS-000, dated 18/6/2013.
3.4 The
applicant shall at all times comply with the concurrence issued NSW Roads and
Maritime Services (RMS) (Ref SYD13/00741 (A4830590)) dated 17 July 2013 and
the following conditions:
(a) All
works/regulatory signposting associated with the proposed development are to
be at no cost to RMS.
(b) The
developer shall be responsible for all public utility adjustment/relocation
works, necessitated by the above work and as required by the various public
utility authorities and/or their agents.
(c) Detailed
design plans and hydraulic calculations of any changes to the stormwater
drainage system are to be submitted to RMS for approval prior to the
commencement of any works.
Details should be forwarded
to:
The Sydney Asset Management
Roads and Maritime Services
P O Box 973 PARRAMATTA CBD
2124
A plan checking fee will be
payable and a performance bond nay be required before RMS’s approval is
issued. With regard to the Civil Works requirement please contact the RMS’s
Project Engineer, External Works Ph : 8849 2114 or Fax : 8849 2766.
(d) Any
proposed temporary/partial road closures will require the applicant to apply
for a Road Occupancy Licence (Form C & D) by contacting the Transport
Management Centre’s Planned Incidents Unit on (02) 8396 1513 during office
hours (8am – 4pm) or 131 700 after hours.
The applicant will be required
to submit the Road Occupancy Licence forms/traffic management plan at least
10 working days prior to the start of works. Plans should be forwarded to
the Supervisor Planned Incidents Unit, Transport Operations, Transport
Management Centre or on facsimile (02) 8396 1530.
If it is intended to undertake
road opening work, the applicant will need to obtain a Road Opening Licence.
Details can be obtained from RMS’s Sydney Projects Section, Parramatta (Ph:
8849 2496).
(e) The
design and construction of the left-in/left –out intersection and median on
The Northern Road shall be in accordance with RMS’s requirements. Details of
these requirements should be obtained from RMS’s Project Services Manager,
Traffic Projects Section, Parramatta (PH: 8849 2496).
Detailed design plans of the
proposed civil works are to be submitted to RMS for approval prior to the
commencement of any road works.
A plan checking fee (amount to
be advised) and lodgement of a performance bond may be required from the
applicant prior to the release of the approved road design plans by RMS.
The developer may be required
to enter into a Works Authorisation Deed (WAD) for the abovementioned works.
Please note that the Works Authorisation Deed (WAD) will need to be executed
prior to the RMS’s assessment of the detailed civil design plans.
(f) All
ingress/egress to the subdivision shall only be left turn movements into/from
The Northern Road.
(g) All
construction vehicles are to be contained wholly within the site and vehicles
must enter the site before stopping. A construction zone will not be
permitted on The Northern Road.
(h) All
vehicle ingress/egress to/from the subdivision shall be from the internal road
network. Vehicular access to individual lots is not permitted from The
Northern Road.
(i) If
not already in place, full time “No Stopping” restrictions are to be
implemented along the full The Northern Road frontage of the development
site. Prior to the installation of the parking restrictions the applicant is
to contact RMS’s Traffic Engineering Services.
(j) The
layout of the proposed car parking areas associated with the subject
development (including driveways, grades, turn paths and sight distance
requirements) should be in accordance with AS 2890.1-2004 and AS 2890.2-2002
for heavy vehicle usage.
(k) The
swept path of the longest vehicle (including garbage trucks) entering and
existing the subject subdivision, as well as manoeuvrability through the
subdivision, shall be in accordance with AUSTROADS. In this regard, plans
shall be submitted to Council for approval which shows that the proposed
development complies with this requirement.
(l) The
car parking provision is to be to Council’s satisfaction.
(m) A
Construction Traffic Management Plan detailing construction vehicle routes,
number of trucks, hours of operation, access arrangements and traffic control
should be submitted to Council prior to the issue of the Construction
Certificate.
(n) The
proposed development will generate additional pedestrian movements in the
area. Consideration should be given to ensuring pedestrian safety,
particularly along The Northern Road..
3.5 The
development shall be carried out in accordance with the procedures set out in
the Western Precinct Contamination Management Plan and the conditions and
procedures set out in the Site Audit Statements relating to the Western
Precinct.
3.6 All
bicycle path construction is to be in accordance with the relevant provisions
of the RTA’s NSW Bicycle Guidelines and AUSTROADS Guide to Traffic
Engineering Practice – Part 14 Bicycles.
3.7 Approval
is granted for the removal of trees within the property boundaries only.
Tree protection measures shall be provided in accordance with Section 2.6
Landscape of the Penrith Development Control Plan 2006 to trees likely to be
affected by the proposal.
3.8 To
ensure compliance with the principles of Crime Prevention Through
Environmental Design, the following should be applied to enhance the safety
and security of all users of this development and minimise the crime risk
associated with this development:
(a) Lighting
· All street lighting shall be
designed in accordance with Council’s Public Domain Lighting Policy and
relevant Australian Standards and requirements.
· Lighting must be of sturdy
construction and vandal resistant.
· All pedestrian and cycle networks
shall be well lit in accordance with the abovementioned standards.
· The location and design of
lighting should take into account all vegetation and landscaping that may
reduce the effectiveness of lighting or act as an entrapment spot, including
street trees.
· Proposed bus stops must be
well-lit in accordance with Australian Standards to provide safe night-time
travel for users.
· Street lighting shall be provided
to the cul-de-sac Road No.4 the potential pedestrian linkage onto Road No.
303 and Road No. 8 to ensure a safe path of night-time travel and to enable
bus drivers to view pedestrians approaching the road.
(b) Landscaping
· Low level planting and high
canopied vegetation shall be provided to public spaces intended for
passive/active uses (including parks, reserves, walking paths, cycle paths,
bus stops) to promote good levels of surveillance and minimise concealment
opportunities through effective landscaping. is recommended. Dense shrubs
must be avoided, particularly near public seating and walking paths.
· The proposed street trees should
not obstruct sightlines for pedestrians or vehicles.
· Orientate residential frontages
facing the park directly onto surrounding residential streets to increase
casual surveillance of the area.
(c) Vandalism/graffiti
· Graffiti resistant coatings must
be applied to the rear fence along The Northern Road boundary to assist in
the prompt removal of graffiti.
· Street/park furniture (i.e.
seating, bus shelters, bins) and play equipment shall utilise vandal
resistant treatments and should be constructed of sturdy materials to
minimise opportunities for malicious damage, graffiti, vandalism and theft.
Graffiti resistant coatings must be applied to any surfaces subject to
graffiti to assist with removal.
· Position park furniture and
playground equipment in locations with good levels of surveillance to
minimise the risk of vandalism or other forms of antisocial behaviour,
particularly at night.
3.9 Prior
to the issue of an Engineering Construction Certificate, the applicant shall
submit to Council the following information:
· Two copies of the
archaeological document that outlines the found artefacts on the site.
· Details in relation to
the storage of the found artefacts
· Information in
relation to interpretation on-site of the found artefacts. This
Interpretation strategy is to be approved by Council prior to the release of
Engineering Construction Certificate.
The final Interpretation
elements incorporated into the overall site such as adjacent to the Lake
Area, is to be installed and approved by Council prior to the release of
linen plans.
3.10 The
soil salinity management measures outlined within the Western Precinct Plan
must be implemented during construction. The measures and
recommendations outlined in the Salinity Review prepared by Geotech Testing
Pty Ltd Ref 7508/23-AA Final Revised dated 8 March 2012 are to be adopted and
implemented as a part of the development.
3.11 Dust
suppression techniques are to be employed during construction to reduce any
potential nuisances to surrounding properties.
3.12 All
soil material stockpiled for future use on the site is to be stored in such a
manner so as to minimise dust.
3.13 Construction
works shall be carried out in accordance with the NSW Department of
Environment and Climate Change’s (2009) “Interim Construction Noise
Guideline.
3.14 All construction works that involve the use
of heavy vehicles, heavy machinery and other equipment likely to cause
offence to adjoining properties, are restricted to the following hours in
accordance with the NSW Department of Environment and Climate Change’s (2009)
“Interim Construction Noise Guideline”:
§ Mondays
to Fridays, 7am to 6pm
§ Saturdays,
7am to 1pm (if inaudible on neighbouring residential premises), otherwise 8am
to 1pm
§ No
work is permitted on Sundays and Public Holidays.
Other construction works that are carried out inside a building that do
not involve the use of equipment that emits noise are not restricted to the
construction hours stated above.
The provisions of the Protection
of the Environment Operations Act 1997 in regulating offensive noise also
apply to construction works.
3.15 For
development within Stage 3C1, noise levels from or in the premises shall not
exceed the relevant noise criteria detailed in ‘Lend Lease Stage 3
Development Jordan Springs: Noise Impact Assessment’ prepared by Sinclair
Knight Merz (SKM) and dated 19 July 2011. The recommendations provided in the
above-mentioned acoustic report shall be implemented and incorporated into
the design and construction of future dwellings on the site and (where
relevant) shall be shown on plans accompanying the Construction Certificate
application.
The provisions of the Protection
of the Environment Operations Act 1997 apply to the development, in terms of
regulating offensive noise.
3.16 Prior to the issue of a Subdivision Certificate, a Section 88B
restrictive covenant in accordance with the Conveyancing Act, 1919 is to be
registered against the new land titles for those lots marked as “Noise
attenuation required to dwelling” on the site plans titled “Village 3C1 DA
Building Envelope Plan Sheet A, Issue A” and “Village 3C1 DA Building
Envelope Plan Sheet B, Issue A”, that:
· refers
to the ‘Lend Lease Stage 3 Development Jordan Springs: Noise Impact
Assessment’ prepared by Sinclair Knight Merz (SKM) and dated 19 July 2011
· stipulates the noise
criteria as outlined in the above document and ensures that it be achieved
· provides advice on the mechanisms
required for that lot to meet the criteria (including a reference to Section
6.0 of the above Report).
3.17 Under
Section 138 of the Roads Act, a Roads Act approval from the Roads and
Maritime Service is to be obtained for the intersection works at The Northern
Road and Road No 1.
3.18 Temporary on-site detention and erosion and sediment control
basins shall be provided generally on accordance with the concept plans
lodged for the development approval prepared by J Wyndham Prince,
reference 9343/02 sheets DA01 – DA21, revision B, dated 18/06/2013
Engineering plans and supporting
calculations for the on-site detention system are to be prepared by a
qualified Hydrologic/Hydraulic Engineer and shall accompany the application
for a Construction Certificate.
An operation and maintenance
manual shall be approved by the Certifying Authority as part of the
Construction Certificate documentation.
Prior to the
issue of a Construction Certificate the Certifying Authority shall ensure that
the on-site detention system has been designed in accordance with Penrith City Council’s Design and Construction
Guidelines and Construction Specification for Civil Works.
3.19 Prior
to the issue of a Construction Certificate a Construction Traffic Management
Plan detailing construction vehicle routes, number of trucks, hours of
operation, access arrangements and traffic control shall be submitted to
Penrith City Council.
3.20 Prior to the issue of a Construction Certificate the Certifying
Authority shall ensure that the design of the roundabout at the
intersection of Road No’s 1 & 303 complies with Austroads guidelines.
The roundabout is to incorporate pedestrian refuge facilities and bicycle
crossing facilities. The provision of irrigation and drainage for
landscaping is also to be incorporated.
3.21 Prior
to the commencement of works a copy of the pavement design report is to be
submitted to Penrith City Council.
3.22 Prior
to the issue of a Subdivision Certificate, the Principal Certifying Authority
shall ensure that all works relating to the utility service lead in works
within public road reserves have been inspected and approved by Penrith City
Council.
3.23 Prior
to the issue of a Subdivision Certificate the treatment of the intersection
of The Northern Road / Road No 1 shall be constructed to the satisfaction of
the Roads & Traffic Authority and Penrith City Council.
3.24 Prior
to the issue of the Subdivision Certificate street trees are to be planted in
accordance with the street tree plans numbered WPv3C1STPa & WPv3C1STPb,
issue A, dated 16/06/2013
3.25 The
temporary on-site detention system and erosion and sediment control system
shall be maintained by the person/company with the benefit of the development
consent in accordance with the Operation and Maintenance Manual prepared by J
Wyndham Prince, reference ‘Jordan Springs Stage 3C1 – Interim Detention and
Sediment Basins Operation and Maintenance Manual’, until development runoff
is diverted into the ultimate water quality / detention system and the
temporary system has been decommissioned. A minimum 12 month maintenance
period
3.26 A
suitable fence between the eastern perimeter road and Regional Park is to be
provided in consultation and agreed to by National Parks and Wildlife Service
unless otherwise agreed to (in writing).
Advisory
Condition
3.27 The
site is subject to the provisions of the St Marys Penrith Planning Agreement,
as amended. The applicant is reminded of the obligations under the Planning
Agreement with regard to the delivery of certain infrastructure and services
as part of the development of the Western Precinct. All works shall be
carried out in accordance with the requirements of the St Marys Penrith
Planning Agreement, as amended.
4. Those
who made a submission be advised of Council’s decision.
5. A
Works Committee Site Inspection be carried out on the residual area that has
been deferred being the north-eastern corner of the development site.
The AMENDMENT was PUT.
Councillor
Karen McKeown left the meeting, the time being 10:02pm.
In
accordance with Section 375A of the Local Government Act 1993, a DIVISION was
then called with the following result:
|
For
|
Against
|
|
Councillor Prue Car
|
Councillor Michelle Tormey
|
|
Councillor Greg Davies
|
Councillor Maurice Girotto
|
|
Councillor John Thain
|
Councillor Kevin Crameri OAM
|
|
Councillor Jackie Greenow OAM
|
Councillor Tricia Hitchen
|
|
Councillor Jim Aitken OAM
|
|
|
Councillor Bernard Bratusa
|
|
|
Councillor Marcus Cornish
|
|
|
Councillor Mark Davies
|
|
The AMENDMENT became the SUBSTANTIVE MOTION.
The MOTION was PUT.
Councillor
Karen McKeown returned to the meeting, the time being 10:06pm.
In
accordance with Section 375A of the Local Government Act 1993, a DIVISION was
then called with the following result:
|
For
|
Against
|
|
Councillor Prue Car
|
Councillor Michelle Tormey
|
|
Councillor Greg Davies
|
Councillor Maurice Girotto
|
|
Councillor John Thain
|
Councillor Kevin Crameri OAM
|
|
Councillor Karen McKeown
|
Councillor Tricia Hitchen
|
|
Councillor Jackie Greenow OAM
|
|
|
Councillor Jim Aitken OAM
|
|
|
Councillor Bernard Bratusa
|
|
|
Councillor Marcus Cornish
|
|
|
Councillor Mark Davies
|
|
The MOTION was CARRIED.
|
