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

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 September 2013

246  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 23 September 2013 be confirmed.

SUSPENSION OF STANDING ORDERS

247  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40pm.

RESUMPTION OF STANDING ORDERS

248  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 8:28pm.

1        Report and Recommendations of the Access Committee Meeting held on 14 August 2013 

249  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 August, 2013 be adopted.

2        Report and Recommendations of the Local Traffic Committee Meeting held on the 2 September 2013.                                                                                                                 

250  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 2 September, 2013 be adopted.

3        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 4 September 2013                                                                                                         

251  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 4 September, 2013 be adopted.

4        Report and Recommendations of the Policy Review Committee Meeting held on 9 September 2013                                                                                                                  

252  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 September, 2013 be adopted.

1        The Penrith Progression                                                                                                   

253  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

That:

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

2.     Council, because of the extenuating circumstances not call tenders for the provision of the services outlined in the report for the reasons also set out in the report.

3.     Council enter into a Contract with Kerr Partnering as outlined in the report for the provision of the Principle Implementation Advisor.

4.     Council become the lead agency in the partnership between the PBA and Council for the implementation of The Penrith Progression.

2        Development Application 12/0721 Childcare centre at Lot B DP389004 & Lot A DP389004 (No. 168-170) Stafford Street, Penrith Applicant: Nor'side Investments Pty Ltd;  Owner: Nor'side Investments Pty Ltd                                                                                           

254  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1.     The information contained in the report on Development Application 12/0721 Childcare centre at Lot B DP389004 & Lot A DP389004 (No. 168-170) Stafford Street, Penrith be received.

2.     The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards regarding landscaped area development standard under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.     Development Application 12/0721 Childcare centre at Lot B DP389004 & Lot A DP389004 (No. 168-170) Stafford Street, Penrith be approved subject to the following conditions:

Standard Conditions

3.1       A001          Approved plans

A008                    Works to BCA requirements

A009                    Residential works DCP

A011                    Engineering works DCP

A012                    Food shop

A019                    Occupation Certificate

A020                    Use of building

A021                    Business registration

A023                    Limit number of children (24)

A026                    Advertising sign

A029                    Hours of operation

A039                    Graffiti

A043                    Air conditioning unit

A046                    Obtain Construction Certificate before commencement of            works

B002                    Australian Standard for demolition and disposal to              approved landfill site and Occupational Hygienist clearance report prior to Occupational Certificate.

B003          Asbestos disposal

B004          Dust suppression

                                      B005          Mud/Soil

B006          Hours of work

D001          Implement approved sediment and erosion control     measures

D005                    No filling without prior approval

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E001A        BCA compliance (Class 2-9)

E002                    BCA issued to be addressed

E006                    Disabled access and facilities

E009                    Annual fire safety – essential fire safety (Class 2-9                        buildings)

F022                     Commercial kitchens

            G002          Section 73 (not for single dwellings)                

G004          Integral Energy

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of           construction works

H006                    Implementation of waste management plan

H013                    Further details of building components

H024                    Glass installations to comply with AS 1288

H041                    Hours of construction work

K101          Works at no cost to Council

K202          Roads Act- Minor Works

K203          S138 – Roads Act

K210                    On site detention

K213                    Water quality

K221                    Access car parking and manoeuvring

K501          Roads Authority Clearance

K502                    Works as executed plans

K503                    Stormwater compliance

K504                    Restriction as to user

L001                    Approved landscaping plans

L003                    Landscaping report requirements

L005                    Planting of plant material

L006                    Australian Standard landscaping requirements

L007                              Tree protection measures

L008                    Tree preservation order

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Special Conditions

3.2     The development shall comply with the following community safety              and CPTED (Crime Prevention Through Environmental Design)              matters:

(a)  All gates shall be lockable.

(b)  The landscaping in the form of shrubs to the front of the car parking area shall be low in height. Dense vegetation with concentrated top to bottom foliage shall be avoided. The use of low vegetation will improve surveillance, provide clear lines of sight and avoid concealment areas along the frontage of the site.

(c)  The external lighting facing the driveway area shall have a wide beam of illumination which reaches to the beam of the next light, or the perimeter of the area being traversed (i.e. the car parking area)

(d) Lighting shall be directed towards access/egress routes to illuminate potential offenders as well as the areas where people are most vulnerable

(e)  Lighting shall be contained within the property boundary and no light shall be projected upwards

(f)  Where appropriate, movement sensitive and diffused lights shall be used

(g)  All lighting shall be vandal resistant where practical.

3.3     Waste Management Plan for the development shall be in accordance              with the relevant provisions of Section 2.9 (Waste Planning) of                            Penrith Development Control Plan 2006 and the childcare centre                 component must have as a minimum a weekly collection of the waste                  organised via a private contractor.  

3.4     All car parking and manoeuvring must be in accordance with                          AS2890.1-2004; AS2890.6-2009 and Council's requirements.

                   Appropriate sight lines shall be maintained from the driveway in           accordance with AS 2890.1 (2004)

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

3.6     The hours of operation for the centre are 7:00am to 6.00pm Monday               to Friday.  The centre is not to operate on weekends or public                        holidays. Staff are not to generate noise that can be heard from an            adjacent premises before 7am.   Deliveries and waste removal are to               occur between 7.00am and 6.00pm Monday to Friday, excluding                    public holidays.

3.7     A maximum of sixty two (62) children are permitted in the centre at               any one time.

3.8     An additional toilet shall be provided. Details shall accompany the                 application for a construction certificate.

3.9     A maximum of sixteen (16) children aged between 0-2 years are allowed to play outside at any one time and twenty (20) children     aged between 3-5 years are allowed to play outside at any one time.

3.10   The use of a public address system or amplified music is not         permitted to be used in the outdoor play area. The use of amplified           music within the building shall not be audible from residential    boundaries.

3.11   The windows and doors of the indoor play rooms are to be kept   closed when children are playing indoors.

3.12   Noise levels from the premises shall not exceed the relevant noise          criteria detailed in the “Noise Assessment” by Acoustic Logic (dated         31/1/2013, refer 20120617.1/3007A/R1/JZ, revision 1).  The          recommendations provided in the above-mentioned documents are to      be implemented and incorporated into the design and construction of        the development, and shall be shown on plans accompanying the     Construction Certificate application.

3.13   A report is to be obtained from a qualified acoustic consultant     certifying that the development meets the relevant noise criteria and          conditions of this consent. This report is to be submitted to the Principal Certifying Authority and Council prior to the issue of an     Occupation Certificate. The provisions of the Protection of the    Environment Operations Act 1997 apply to the development, in terms         of regulating offensive noise.

3.14   A noise barrier is to be provided along all boundaries as      recommended in the acoustic report  entitled “Noise Assessment” by        Acoustic Logic (dated 31/1/2013, refer 20120617.1/3007A/R1/JZ,         revision 1). The noise barrier is to be 2.2 metres in height, of     construction certified by the acoustic consultant.

3.15   Detailed plans and specifications of the sound barrier walls are to be     submitted to Council prior to the issue of a Construction Certificate.           The walls are to be satisfactorily completed prior to the issue of an     Occupation Certificate.

3.16   Within 12 months from the date of issuing the Occupation Certificate,           a compliance report is to be prepared by a suitably qualified      acoustic consultant to ensure that noise levels from and inside the          development meet the noise emissions criteria set in the “Noise Assessment” by Acoustic Logic (dated 31/1/2013, refer     20120617.1/3007A/R1/JZ, revision 1). 

                                           A Compliance Report on this testing is to be prepared using the test                      data and it is to determine whether the noise emissions criteria for the                      development are being complied with and whether any mitigation                        works are required.

                                 This report is to be prepared and provided to Council within sixty                            days of the testing. The report is to be approved by Council, with any                       recommendations being implemented in accordance with the                                   approved report within twenty-one days from the direction of Council                          unless otherwise specified by Council.  If Council is not the certifying                              authority for this development, the report is required to be provided to                            Penrith City Council for approval.

                        3.17   A Noise Management Plan (NMP) is to be prepared and submitted to                      Penrith City Council for consideration and approval prior to the                                issue of an Occupation Certificate. The NMP shall be prepared by                         a suitably qualified consultant and may need to be amended to                               include the any comments provided by Council. The NMP is to:

              a)       address all noise related aspects of the development's                                        construction and operational phases, including:

               i)       how the restriction on the number of children playing                             outside  will be managed; and

               ii)      a schedule describing the times of outdoor play for each                        group of children; and

               iii)     the management of visitors in the carpark attending the                          site picking up/dropping of children.

                                      b)      Address the relevant conditions of this consent

                                      c)       Recommend any systems/controls to be implemented to                                                        minimise the potential for any adverse noise impact(s).

              d)      Incorporate a program for ongoing monitoring and review to                           ensure that the NMP remains contemporary with relevant                                       environmental standards.

                                           The approved Noise Management Plan is to be implemented and                           complied with at all times.

                                  3.18   Appropriate signage is to be provided to the carpark and entrance of                     the centre requesting patrons to minimise noise and protect the                                 amenity of the surrounding neighbourhood. Prior to the issue of an                             occupation certificate a suitable signage plan is to be submitted to                              Council for approval. The signage plan is to provide details on the                        location, sizing and wording of the proposed signs. The signs are to                       be erected prior to the issue of an occupation certificate.

                                  3.19   A public contact number is to be displayed on the childcare centre                         signage and this phone line must be operational during business                                hours.  A complaint register is to be maintained and must include                     complaint details and any actions taken to address those complaints.                       A copy of the complaint register is to be provided to Council upon                           request.

                                  3.20   In the event of on going noise complaints relating to the development                   being received by Council, the owner and/or occupier of the                                     development maybe required by Council to obtain the services of a                           suitably qualified acoustic consultant to undertake a noise impact                              assessment on the development to address the concerns of the                               community. The noise impact assessment report is to be prepared and                    provided to Council within 45 days of being requested. The                                     assessment report is to be approved by Council, with any                                            recommendations being implemented in accordance with the                                approved assessment report.

                                  3.21   Prior to the issue of the Occupation Certificate, a lighting system shall                   be installed for the development to provide uniform lighting across                          common areas and driveways.

                                 Exterior lighting shall be located and directed in such a manner so as                       not to create a nuisance to surrounding landuses. The lighting shall be                     the minimum level of illumination necessary for safe operation. The                              lighting shall be in accordance with AS 4282 “Control of the                               obtrusive effects of outdoor lighting” (1997).

                       3.22   A designated hand wash basin must be supplied within the food                            preparation area for hand washing only. It must be supplied with                              warm water through a common spout in compliance with AS 4674-                        2004 and Food Safety Standard 3.2.3. The hand wash basin must also                        be supplied with soap and paper towel. The hand wash basin must be                       hands free as required by AS 4674-2004. If there is a separate bottle                     preparation area within the Centre then it must also be supplied with                        an additional hand wash basin supplied with warm water through a                          common spout.

                        3.23   The garbage area must be constructed and maintained in accordance                               with the requirements of Food Safety Standard 3.2.3 and the                                   Protection of the Environment Operations Act 1997. Specifically,                          external garbage storage areas are to be paved, graded, drained to a                             waste disposal system and provided with a hose tap to facilitate                               cleaning.

                      3.24   If the Centre wishes to utilize a dishwasher to sanitise food utensils                            and equipment, it must be capable of reaching 80^oC for 2 minutes,                                     75^oC for 10 min or 70^oC for 15 min in the rinse cycle as required by                              A S4674-2004.

                      3.25   As required by AS 4674-2004, mechanical ventilation shall be                                     provided in accordance with AS1668 Parts 1 & 2 to the dishwasher if                               it vents steam into the surrounding area to the extent that there is, or                                      likely to be, condensation collecting on walls and ceilings. If required,                                   the installer of the exhaust system shall certify and submit appropriate                                       documentation to Council prior to the issuing of the Occupation                                Certificate that the system has been installed in accordance with                                 AS1668.

                      3.26   All floors within the food business are to be constructed, finished and                        appropriately coved in accordance with AS 4674 – 2004.

                      3.27   All walls within the food business are to be of solid construction and                          finished in accordance with AS 4674 – 2004.

                      3.28   The ceiling is to be constructed in accordance with AS 4674 – 2004.                           Please note drop-in panels are not permitted.

                      3.29   The premise is to be proofed against the entry of pests in accordance                           with AS 4674 – 2004.

                      3.30   In addition to the hand wash basin located in the food preparation                              area, a hand wash basin with warm water through a common spout in                                compliance with AS 4674-2004 and Food Safety Standard 3.2.3 must                                be installed within or immediately adjacent to the toilet. This hand                                     wash basin must also be supplied with soap and paper towel.

                      3.31   Wastewater generated from mop buckets, cleaning mops and other                             cleaning activities must be disposed of in a cleaner’s sink or other                                      approved facility.

                      3.32   A food business notification reference number shall be obtained from                         the NSW Food Authority prior to commencement of business                                            operations and a copy of the notification shall be submitted to                                             Council. Notification can be completed on the NSW Food Authority’s                               Food Notify website at www.foodnotify.nsw.gov.au.

                      3.33   A satisfactory inspection from Council’s Environmental Health                                   Department will be required prior to the issuing of the Occupation                                     Certificate and operation of the business. The occupier is to contact                                  the department to organise an appointment.

                      3.34   The recommendations of the Arboriculture Impact Assessment Report                        prepared by Urban Landscape Planners P/L shall be complied with.                                   The trees required to be retained in accordance with this report shall                                      be retained and at least 6 trees shall be planted on site to compensate                                    for those removed.

                      3.35   The child care centre shall comply with the requirements of the                                    Children’s Services Regulation 2004 and shall be appropriately                                          licensed by NSW Community Services prior to the commencement of                                  operation.

                      3.36   Trucks entering and leaving the site carrying construction materials                             that may generate dust shall be covered. Stockpiles of soil or other                                    materials shall be covered or sprayed with water on a regular basis,                                      particularly during dry or windy conditions.

4.         Those who made submissions be advised of Council’s decision.

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

3        Development Application DA13/0656 single storey dwelling & variation of 88B instrument to remove trees and build within a restricted area at Lot 18 DP1083294 (No. 26-28) Manifold Crescent, Glenmore Park Applicant: Cityscape Planning & Projects;  Owner: Parkes (Survey) Pty Ltd                                                                                                    

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

That:

1.     The information contained in the report on Development Application DA13/0656 single storey dwelling & variation of 88B instrument to remove trees and build within a restricted area at Lot 18 DP1083294 (No. 26-28) Manifold Crescent, Glenmore Park be received.

2.     The restrictive covenant on the use of land numbered 9 referred to in the Section 88B Instrument of the Conveyancing Act 1919 applying to Lot 18 in DP 1083294 (known as No. 26-28) Manifold Crescent Glenmore Park be lifted/released to allow building within the restricted area.

3.     All other lots burden by the restrictive covenant on the use of land numbered 9 (being Lots 6, 7, 19, 21 in DP1083294) also be lifted/released.

4.     The Common Seal of Penrith City Council be affixed to all necessary documentation to vary/release the covenant.

5.     The application be approved subject to the following conditions.

Standard Conditions

a.         A001 – Stamped approved plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A046 – Construction Certificate

D001 – Sediment and erosion controls

D009 – Waste storage

D010 – Disposal of waste

E001 – BCA compliance

F006 – Water tank

H001 – Stamped plans and erection of site notice

H002 – All forms of construction

H022 - Survey

H036 – Water tank

H037 – Safe supply of water

H038 – Connection of tank

H039 – Tank pump

H041 – Hours of work

K016 – Stormwater

K026 – Stabilised access

P002 – Fees

Q01F – Notice of commencement

Q05F – Occupation Certificate

Special Conditions

5.2       To further protect the trees being retained, the dwelling is to be positioned 1 metre closer to the North Eastern boundary of Manifold Crescent.

The revised dwelling position must maintain a rear setback of 4 metres measured to the external wall of the theatre room.

Amended plans showing the revised setbacks are to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.

5.3       Cut operations on the property are only permitted in conjunction with the building works as detailed on the approved plans and specifications, and shall not extend more than 2 metres past the defined building footprint or where tree protection measures are required. All fill is to be contained within the building footprint by the use of dropped edge beams.

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment.

If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference.

{Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

5.4       An Infrastructure Restoration Bond is to be lodged with Penrith City Council for development involving works around Council's Public Infrastructure Assets. The bond is to be lodged with Council prior to the issue of a Construction Certificate. The bond is based upon the estimated value of the works with a bond of $500.00 payable for the subject development.

The bond is refundable once a final inspection has been carried out by Council's Works Department and the works have been completed to Council's satisfaction. The bond may be used to repair or reinstate any damage that occurs to Council's Public Infrastructure Assets as a result of the development works. Contact Council's City Works Department on 4732 7777 or visit website to obtain the form and request for final inspection.

5.5       Prior to the issue of a Construction Certificate a Roads Act application, including payment of application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works: 

a)     Provision of a vehicular crossing/s.

b)    Opening the road reserve for the provision of services including     stormwater.

c)     Placing of hoardings, containers, waste skips, etc. in the road reserve.

 All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

 Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve.  Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

5.6       Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works within the road reserve have been inspected and approved by Penrith City Council.

5.7       Prior A landscape plan is to be prepared by a professional listed in Council's Approved Landscape Consultants Register and submitted to the Principal Certifying Authority for consideration and approval prior to the issue of a Construction Certificate. The landscape plan should include suitable replacement trees for those being removed.

All landscape works are to be constructed in accordance with the approved plan and Sections F5 “Planting Techniques”, F8 “Quality Assurance Standards”, F9 “Site Management Plan” of Penrith Council’s Landscape Development Control Plan.

Landscaping shall be maintained:

·           in accordance with the approved plan, and

·           in a healthy state, and

·           in perpetuity by the existing or future owners and occupiers of the property.

If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity, as the vegetation which died or was removed.

5.8       The development is to be carried out in accordance with the stamped-approved Tree Impact Report No. 3406, by Monaco Designs P/L, and dated 07th June 2013, including:  

·           Replacement trees must be planted and the trees to be retained must be protected.

·           The recommendations in the Tree Impact Report must be adopted.

·           The owner/builder must employ an arborist to supervise and install tree protection measures in accordance with the Tree Impact Report and AS4970- 2009 Australian Standard® Protection of Trees on Development Sites prior to commencement of any works or construction.

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

4        Development Application DA13/0592 proposed demolition of existing structures, construction of a new community facility for supported employment at Lot 1 DP132721 (47-49) Rance Road, Werrington Applicant: Paynter Dixon;  Owner: Thorndale Foundations Ltd                                                                                                                

256  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto

That:

1.           The information contained in the report on Development Application DA13/0592 proposed demolition of existing structures, construction of a new community facility for supported employment at Lot 1 DP132721 (47-49) Rance Road, Werrington be received.

2.           The request to waive the Section 94 Contributions be supported based on the information contained within this report.

3.           Development Application 13/0592 at Lot 1 DP 132721 (47-49) Rance Road be granted consent subject to the following conditions:

3.1         A001 The development must be implemented substantially in accordance with the plans and documents contained within the table below and stamped approved by Council, the application form,  and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

A019        The development shall not be used or occupied until an Occupation Certificate has been issued.

A029        The operating hours are from 8 am to 5 pm Mondays to Fridays. Delivery and service vehicles generated by the development are limited to 7am and 6 pm Monday to Friday.

A039        Procedures should be in place to ensure that any vandalism, damage or broken fixtures are repaired promptly. This includes replacement of broken lights, removal of graffiti, litter removal and other general maintenance to ensure the development is clean and tidy.

A046        A Construction Certificate shall be obtained prior to commencement of any building works.

 B002       All demolition works are to be conducted in accordance with the provisions of AS 2601-1991 “The Demolition of Structures”. Prior to demolition, all services shall be suitably disconnected and capped off or sealed to the satisfaction of the relevant service authority requirements.

                 All demolition and excavated material shall be disposed of at a Council approved site or waste facility. Details of the proposed disposal location(s) of all excavated material from the development site shall be provided to the Principal Certifying Authority prior to commencement of demolition.

B003        Prior to commencement of demolition works on site the Principal Certifying Authority is to be satisfied that:

·     Measures are in place so as to comply with the WorkCover Authority's "Short Guide to Working with Asbestos Cement" and

·     The person employed to undertake the works is a licensed asbestos removal contractor and is holder of a current WorkCover Asbestos Licence.

Any demolition works involving the removal of all asbestos shall only be carried out by a licensed asbestos removal contractor who has a current WorkCover Asbestos Licence.

All asbestos laden waste, including asbestos cement flat and corrugated sheeting must be disposed of at a tipping facility licensed by the Environmental Protection Authority to receive asbestos wastes.

B004        Dust suppression techniques are to be employed during demolition to reduce any potential nuisances to surrounding properties.

B005        Mud and soil from vehicular movements to and from the site must not be deposited on the road.

B006        Demolition works will be restricted to the following hours in accordance with the NSW Environment Protection Authority Noise Control Guidelines:

·     Mondays to Fridays, 7am to 6pm

·     Saturdays, 7am to 1pm (if inaudible on neighbouring residential premises), otherwise 8am to 1pm

·     No demolition work is permitted on Sundays and Public Holidays.

                 In the event that the demolition relates to works inside the building and do not involve external walls or the roof, and do not involve the use of equipment that emits noise then the demolition works are not restricted to the hours stated above.

                 The provisions of the Protection of the Environment Operations Act, 1997 in regulating offensive noise also apply to all construction works.

D001        Erosion and sediment control measures shall be installed prior to the commencement of works on site including approved clearing of site vegetation. The erosion and sediment control measures are to be maintained in accordance with the approved erosion and sediment control plan(s) for the development and the Housing NSW “Managing Urban Stormwater: Soils and Construction” 2004.

                 (Note: To obtain a copy of the publication, you should contact Urban Growth NSW on (02) 98418600).

D006        No fill material shall be imported to the site until such time as a Validation Certificate (with a copy of any report forming the basis for the validation) for the fill material has been submitted to the PCA and Council. The Validation Certificate shall:

·     state the legal property description of the fill material source site,

·     be prepared by an appropriately qualified person,

·     clearly indicate the legal property description of the fill material source site,

·     provide details of the volume of fill material to be used in the filling operations,

·     provide a classification of the fill material to be imported to the site in accordance with the Environment Protection Authority's "Environmental Guidelines: Assessment, Classification & Management of Non-Liquid Wastes" 1997, and

·     based on the fill classification) determine whether the fill material is suitable for its intended purpose and land use and whether the fill material will or will not pose an unacceptable risk to human health or the environment.

                 If the Principal Certifying Authority or Penrith City Council is not satisfied that suitable fill materials have been used on the site, further site investigations or remediation works may be requested. In these circumstances the works shall be carried out prior to any further approved works.

D009        All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

D010        All excavated material and other wastes generated as a result of the development are to be re-used, recycled or disposed of in accordance with the approved waste management plan.

                 Waste materials not specified in the approved waste management plan are to be disposed of at a lawful waste management facility.  Where the disposal location or waste materials have not been identified in the waste management plan, details shall be provided to the Certifying Authority as part of the waste management documentation accompanying the Construction Certificate application.

                 All receipts and supporting documentation must be retained in order to verify lawful disposal of materials and are to be made available to Penrith City Council on request.

E006         Access and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”. Details of compliance are to be provided in the relevant plans and specifications accompanying the Construction Certificate application.

E008         A fire safety list of essential fire or other safety measures shall be submitted to Penrith City Council prior to the issue of the Construction Certificate. The fire safety list shall specify all measures (both current and proposed) that are required for the building so as to ensure the safety of persons in the building in the event of fire. The fire safety list must distinguish between:

·     the measures that are currently implemented in the building premises, and

·     the measures that are to be proposed to be implemented in the building premises, and must specify the minimum standard of performance for each measure.

E009         The owner of a building, to which an essential fire safety measure is applicable, shall provide Penrith City Council with an annual fire safety statement for the building. The annual fire safety statement for a building must:

a)   deal with each essential fire safety measure in the building premises, and

b)   be given:

·     within 12 months after the last such statement was given, or

·     if no such statement has previously been given, within 12 months after a final fire safety certificate was first issued for the building.

·     As soon as practicable after the annual fire safety statement is issued, the owner of the building to which the statement relates:

·     must also provide a copy of the statement (together with a copy of the current fire safety schedule) to the Commissioner of New South Wales Fire Brigades, and

·     prominently display a copy of the statement (together with a copy of the current fire safety schedule) in the building.

E01A        All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the on-going benefit of the community. Compliance with the performance requirements can only be achieved by:

a)   complying with the deemed to satisfy provisions, or

b)   formulating an alternative solution which:

·     complies with the performance requirements, or

·     is shown to be at least equivalent to the deemed to satisfy provision, or

c)   a combination of (a) and (b).

                 It is the owner's responsibility to place on display, in a prominent position within the building at all times, a copy of the latest fire safety schedule and fire safety certificate/ statement for the building.

H001        Stamped plans, specifications, a copy of the development consent, the Construction Certificate and any other Certificates to be relied upon shall be available on site at all times during construction.

The following details are to be displayed in a maximum of 2 signs to be erected on the site:

·     the name of the Principal Certifying Authority, their address and telephone number,

·     the name of the person in charge of the work site and telephone number at which that person may be contacted during work hours,

·     that unauthorised entry to the work site is prohibited,

·     the designated waste storage area must be covered when the site is unattended, and

·     all sediment and erosion control measures shall be fully maintained until completion of the construction phase.

·     Signage but no more than 2 signs stating the above details is to be erected:

·     at the commencement of, and for the full length of the, construction works onsite, and

·     in a prominent position on the work site and in a manner that can be easily read by pedestrian traffic.

       All construction signage is to be removed when the Occupation Certificate has been issued for the development.

H002 Prior to the commencement of construction works:

a)   Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

·     a standard flushing toilet connected to a public sewer, or

·     if that is not practicable, an accredited sewage management facility approved by the council, or

·     alternatively, any other sewage management facility approved by council.

b)   All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards. All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

c)   If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

·     must preserve and protect the building from damage, and

·     if necessary, must underpin and support the building in an approved manner, and

·     must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land, (includes a public road and any other public place).

d)   If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place:

·    if necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place,

·    the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place, and any such hoarding, fence or awning is to be removed when the work has been completed.

H011        Detailed engineering plans and specifications relating to the work shall be submitted for consideration and approval prior to the issue of a Construction Certificate.

H041        Construction works or subdivision works that are carried out in accordance with an approved consent that involve the use of heavy vehicles, heavy machinery and other equipment likely to cause offence to adjoining properties shall be restricted to the following hours in accordance with the NSW Environment Protection Authority Noise Control Guidelines:

·    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 carried out inside a building/tenancy and 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 all construction works.

K010        All roadworks, drainage works and dedications, required to effect the consented development shall be undertaken at no cost to Penrith City Council.

K203        Prior to the issue of a Construction Certificate for building or subdivision works the Principal Certifying Authority and/ or Certifying Authority shall ensure that a Roads Act application, including the payment of application and inspection fees, has been lodged with, and approved by Penrith City Council (being the Roads Authority under the Roads Act), for the following works.

·    Provision of kerb and gutter, drainage and ancillary works in Rance Road

·    Removal of redundant vehicular crossings and reinstatement of kerb and gutter including associated path paving

·    Provisions of heavy-duty vehicular crossing

·    Provisions for signage indicating one way movements for Rance Road (for exiting traffic)

Civil design drawings are to be prepared strictly in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

Note: 

1)   Where Penrith City Council is the Certifying Authority for the development the Roads Act approval for the above works may be issued concurrently with the Construction Certificate.

2)   Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 to ascertain applicable fees.

K210        Stormwater drainage shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Abel and Brown Pty Ltd, reference number 2248, revision B, dated August 2013.

                 The proposed development and stormwater drainage system shall be designed to ensure that stormwater runoff from upstream properties is conveyed through the site without adverse impact on the development or adjoining properties.

                 Engineering plans and supporting calculations for the on-site detention system are to be prepared by a suitably qualified person and shall accompany the application for a Construction Certificate.

                 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 Guidelines and Construction Specification for Civil Works.

K215        Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that all habitable floor levels are a minimum of RL 24.7m AHD (standard flood level + 0.5m).

K221        Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that vehicular access, circulation, manoeuvring, pedestrian and parking areas associated with the subject development are in accordance with AS 2890.1,  AS2890.2,  AS2890.6 and Penrith City Council’s Development Control Plan.

K223        Prior to the issue of any Construction Certificate a performance bond is to be lodged with Penrith City Council for all works in Rance Road.

                 The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

                 Note:

                 Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

K501        Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works within the road reserve have been inspected and approved by Penrith City Council.

K502        After completion of all civil works, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

  An original set of works-as-executed drawings and copies of compliance documentation shall also be submitted to Penrith City Council with notification of the issue of the Occupation Certificate where Council is not the Principal Certifying Authority.

K503        Prior to the issue of an Occupation Certificate the Principal Certifying Authority shall ensure that the:

a)   Stormwater System & OSD System

·    Have been satisfactorily completed in accordance with the approved Construction Certificate and the requirements of this consent.

·    Have met the design intent with regard to any construction variations to the approved design.

·    Any remedial works required to been undertaken have been satisfactorily completed.

                 Details of the approved and constructed system/s shall be provided as part of the works-as-executed drawings.

K504        Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the:

a)   On-site detention system/s

                 Shall be registered on the title of the property.  The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

K509        Prior to the issue of an Occupation Certificate directional signage and linemarking shall be installed indicating directional movements and the location of customer parking to the satisfaction of the Principal Certifying Authority.

K513        Prior to the issue of an Occupation Certificate a maintenance bond is to be lodged with Penrith City Council for all works located in Rance Road.

                 The value of the bond shall be determined in accordance with Penrith City Council’s Bond Policy.  The bond will be administered in accordance with this policy. 

Note:

                 Contact Council’s Development Engineering Unit on 4732 7777 for further information relating to bond requirements.

L001         All landscape works are to be constructed in accordance with the stamped-approved plan and Sections F5 "Planting Techniques", F8 "Quality Assurance Standards", F9 "Site Management Plan" of Penrith Council's Landscape Development Control Plan.

                 Landscaping shall be maintained:

·    in accordance with the approved plan, and

·    in a healthy state, and in perpetuity by the existing or future owners and occupiers of the property.

                 If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity, as the vegetation, which died or was removed.

Q01F        Prior to the commencement of any earthworks or construction works on site, the proponent is to:

a)   employ a Principal Certifying Authority to oversee that the said works carried out on the site are in accordance with the development consent and related Construction Certificate issued for the approved development, and with the relevant provisions of the Environmental Planning and Assessment Act and accompanying Regulation, and

b)   submit a Notice of Commencement to Penrith City Council.

                 The Principal Certifying Authority shall submit to Council an “Appointment of Principal Certifying Authority” in accordance with Section 81A of the Environmental Planning and Assessment Act 1979.

                 Information to accompany the Notice of Commencement

                 Two (2) days before any earthworks or construction/demolition works are to commence on site (including the clearing site vegetation), the proponent shall submit a “Notice of Commencement” to Council in accordance with Section 81A of the Environmental Planning and Assessment Act 1979.

Special Conditions

3.2         Lighting is to be installed to the building entrance and drop-off point and is to provide sufficient illumination to ensure appropriate levels of visibility.

3.3         The catch drain along the northern edge of the site is to be designed to ensure that the accessible path of travel from the street frontage to the building entry is maintained. The final design of the catch drain is to be reviewed by an access consultant and certification provided that the path will continue to meeting relevant access standards. A heel safe, or similar, type drainage grate is to be provided.

3.4         The factory production area is only permitted to operate as an ancillary element to the Thorndale Foundation Community Facility. The factory production area is to be used for supported employment and continued development of persons with a disability who are clients of the Thorndale Foundation.

3.5         Noise levels from the premises shall not exceed the relevant noise criteria detailed in the Acoustic Assessment prepared by Acoustic Logic (dated 29/7/2013 ref 20130727.1/2907A/RO/JZ).  The recommendations provided in the above-mentioned documents are to be implemented and incorporated into the design and construction of the development, and shall be shown on plans accompanying the Construction Certificate application.  In this regard the recommendations are to include:

·    The glazing requirements stipulated in Section 6.1; and

·    The detailed review of the mechanical plant prior to Construction Certificate in Section 6.4; and

·    The enclosure constructed around the compressor as detailed in Section 6.4.

       A report is to be obtained from a qualified acoustic consultant certifying that the development meets the relevant noise criteria and conditions of this consent. This report is to be submitted to the Principal Certifying Authority and Council prior to the issue of an Occupation Certificate.

       The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise.

3.6         A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of an Occupation Certificate.   The NMP shall be prepared by suitably qualified consultants and may need to be amended to include the any comments provided by Council. The NMP is to:

·    address all noise related aspects of the development's operational phases, including;

-          management of the car park;

-          Operations of the warehousing component; and

-          Visitors to the site for day programs.

·    address the relevant conditions of this consent.

·    recommend any systems/controls to be implemented to minimise the potential for any adverse noise impact(s).

·    incorporate a program for ongoing monitoring and review to ensure that the NMP remains contemporary with relevant environmental standards.

            The approved Noise Management Plan is to be implemented and complied with at all times. Any proposed changes to this Plan require approval from Council.

3.7       A public contact number is to be displayed on the facility signage and this phone line must be operational during business hours.  A complaint register is to be maintained and must include complaint details and any actions taken to address those complaints. A copy of the complaint register is to be provided to Council upon request.

       In the event of on going noise complaints relating to the development being received by Council, the owner and/or occupier of the development maybe required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community.

       The noise impact assessment report is to be prepared and provided to Council within 45 days of being requested. The assessment report is to be approved by Council, with any recommendations being implemented in accordance with the approved assessment report.

3.8       All car parking and manoeuvring must be in accordance with AS2890.1:2004 and AS2890.6-2009.

  3.9       The required sight lines around the driveway entrance are not to be compromised by street trees, landscaping or fencing.

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

  3.11     Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the access driveway on Rance Road has been designed to facilitate two way heavy vehicular movements between the property boundary and the roadway.

  3.12   Landscape plantings are to be maintained to ensure passive surveillance from the landscaped terrace and street frontage.

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

5        Development Application DA13/0405 Proposed Dwelling Addition to Existing Residence at Lot 97 DP 706003 (No. 4) Ogden Close, St Clair Applicant: Evolving Design & Drafting;  Owner: Kerry Miles                                                                                                           

257  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia  Hitchen

That:

1.     The information contained in the report on Development Application DA13/0405 Proposed Dwelling Addition to Existing Residence at Lot 97 DP 706003 (No. 4) Ogden Close, St Clair be received.

2.     The SEPP 1objection be supported.

3.     The application be approved subject to the following conditions.

3.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

ESPECIAL Smoke detector

H001 Stamped plans

H009 Cut/fill details

H030 Roof finishes

H041 Hours of Work

J004 Pool fencing

K016 Stormwater

K041 Bond

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

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

6        Lenore Drive Funding Agreement

258  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM

That:

1.         The information contained Lenore Drive Funding Agreement be received.

2.         Council endorse the signing of the Lenore Drive Funding Agreement and the transfer of $14,140,000 to the Department of Planning and Infrastructure as full payment for Council’s share of total project costs for the Erskine Park Link Road.

3.         Council resolve that no additional section 94 contributions be levied by Council under the Erskine Business Park Development Contributions Plan 2008, as all listed works nominated under that Plan have been completed.

4.         Council rescind the Erskine Business Park Development Contributions Plan 2008 and notices appear in the local newspaper advising the community of the rescission of the Plan in accordance with the Environmental Planning & Assessment Act and Regulations.

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

7        WSROC Tender WR06-12/13-Pavement Marking Services                                         

259  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on WSROC Tender WR06-12/13-Pavement Marking Services be received.

2.     A new three (3) year contract, for the provision of Pavement Marking Services, with an option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance and with provision for rise and fall, be awarded to Complete Linemarking Services Pty Ltd as the primary contractor and Combined Traffic Management Pty Ltd as the secondary contractor.

8        Tender Reference 13/14-02 Relocation of Power Poles                                                  

260  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Tender Reference 13/14-02 Relocation of Power Poles be received.

2.     Lend Lease Infrastructure Services Pty Limited be awarded the contract for the Relocation of Power Poles on Great Western Highway for a lump sum cost of $43,446 (excluding GST)

9        Tender Reference 12/13-05 Disposal of Construction, Street Sweeper and Drainage Waste                                                                                                                                             

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

That:

1.     The information contained in the report on Tender Reference 12/13-05 Disposal of Construction, Street Sweeper and Drainage Waste be received

2.     A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to Hi Quality Recycling Services for the disposal of Broken Concrete, Broken Concrete Containing Reinforcement, Broken Asphalt, Road Profiled Asphalt Materials, Road Profiled Asphalt and Base Materials, Top Soil, Top Soil Including Vegetation, Clay, Clay Including Tree Roots, General Council Spoils (Combination of above materials) and Green Waste

3.     A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to Express Waste Pty Ltd for the transport and disposal of Drainage Materials from the Open Drains and Street Sweepers as per the alternate offer provided based on disposal per bin and not weight.

10      High Street, Penrith - "Triangle Park" Proposed Road Closure                                  

262  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on High Street, Penrith - "Triangle Park" Proposed Road Closure be received.

2.     Prior to the closure of High Street associated with “Triangle Park” the following shall be undertaken:

                        a.    the Roads and Maritime Services be requested to consider changes to the signal phasing at the intersection of Henry Street and Riley Street to provide a 12 second hold for Riley Street vehicular traffic as an interim measure. This includes changing the left kerb side lane to “Left Turn Only”.

                        b.    an application be made to the Roads and Maritime Services requesting consideration and approval for a “Timed Pedestrian Protection” phase at the signalised intersection of Henry Street and Riley Street for left-turning vehicles from Riley Street.

                        c.    the Traffic Modelling report prepared by GHD titled “Penrith City Council Penrith Triangle – Traffic Diversion Traffic Modelling Report” be submitted to the Roads and Maritime Services, together with lunchtime pedestrian number counts, to request the RMS to re-phase the existing traffic control signals at the intersection of Henry Street and Riley Street to cater for the changed traffic conditions due to the proposed road closure.

3.     Subject to approval from the Roads and Maritime Services, the following be undertaken:

                        a.    the left kerb side lane in Riley Street between Henry and High Street be changed to left turn only immediately prior of the High Street closure. The right kerb side lane be right turn and straight through.

                        b.    The interim measure which includes a 12 second hold for Riley Street traffic to give pedestrians crossing Henry Street an opportunity to cross without vehicle conflicts be implemented. A Traffic Control Plan be prepared and implemented to advise pedestrians and motorists of changed traffic conditions for the intersection. These works be implemented immediately prior of the High Street closure.

                        c.    immediately prior of the High Street closure, the Traffic Control signals at the intersection of Henry Street and Riley Street be re-phased to accommodate the increase in traffic volume as a result of the High Street closure.

                        d.    Council engage a contractor to implement the left turn “Timed Pedestrian Protection” for Riley Street traffic turning left into Henry Street. These works be implemented and operational within six weeks of the closure of High Street.

                        e.    Following implementation and commission of the “Timed Pedestrian Protection” for Riley Street traffic turning left into Henry Street the interim measure be decommissioned.

4.     Traffic and pedestrian patterns at the intersections of:

        a.         Henry Street/Station Street

        b.         Riley Street/Henry Street

        c.         Station Street High Street

        d.        Riley Street/High Street

        be reviewed at a maximum of six weeks, three months, six months and twelve months following the closure of High Street, to ensure efficiency and safety at the intersection is maintained. Should any deficiencies be identified during the reviews, remedial action be undertaken.

5.     Council write to the Roads and Maritime Services with regard to Council’s previous requests for additional “Timed Pedestrian Protection” at the intersection of Henry Street/Worth Street and Worth Street/Union Road and Council conduct pedestrian counts at the intersection to determine the volume of pedestrians and provide this information to the Roads and Maritime Services. In addition, Council again write to the Roads and Maritime Services and request an update on their investigations regarding the provision of “Watch for Pedestrians” signage at the intersection of Henry Street and Worth Street, Penrith.

6.     Should the recommended reviews (listed in recommendation 3) identify deficiencies that cannot be remediated through signal re-phasing or remedial action, an urgent report be prepared for the Local Traffic Committee to consider the immediate decommission of the High Street closure and re-opening of High Street to traffic.

7.     A copy of this report be provided to the Roads and Maritime Services to satisfy the Roads and Maritime Services conditional approval of the TMP. The Roads and Maritime Services be requested to advise Council if their condition regarding an ‘assessment of pedestrian safety’ has been satisfied. As required by the Roads and Maritime Services conditional approval, the endorsement is required prior to the closure of High Street.

11      Penrith Community Safety Plan 2013-2016                                                                    

263  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown

That:

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

2.     Council adopt the Penrith Community Safety Plan 2013-2016.

3.     Council support the submission of the Penrith Community Safety Plan 2013-2016 to the NSW Department of Attorney General and Justice for their endorsement in accordance with the Children (Protection and Parental Responsibility) Act 1997.  

12      Community Assistance Program Planned Component 2013-14                                    

264  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Community Assistance Program Planned Component 2013-14 be received.

2.     Council receive the report and approve funding of the applications and amounts totalling $30,794 as outlined in Table 3 of this report.

13      Audit Committee                                                                                                                

265  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the information contained in the report on Audit Committee be received.

14      2013-14 Financial Assistance Grant                                                                                 

266  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the information contained in the report on 2013-14 Financial Assistance Grant be received.

16      Review of Delegations                                                                                                       

267  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.     The information contained in the report on Review of Delegations be received.

2.     Council, in accordance with Section 377 of the Local Government Act 1993, approve the delegation of its functions and responsibilities under the Act and other Acts to the General Manager as listed in “Schedule 1 – Proposed Delegations of Authority to the General Manager” that is appended to this report.

3.     Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to Council’s committees, as shown in “Schedule 2 – Delegations of Authority to Committees” that is appended to this report.

4.     Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to the entities as listed in “Schedule 3 – Delegations of Authority to Other Entities” that is appended to this report.

5.     Council’s Seal of Authority be placed on the Certificate of Identification for officers with delegated authority under the Swimming Pools Act 1992.

17      Lease agreement at 367 - 369 Mamre Road, Orchard Hills                                           

268  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.     The information contained in the report on Lease agreement at 367 - 369 Mamre Road, Orchard Hills be received.

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

18      Commercial Matter - Council Property - Easement for Stormwater Drainage over Lot 69 DP9969, 29 Australia Street, St Marys                                                                            

269  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.     The information contained in the report on Commercial Matter - Council Property - Easement for Stormwater Drainage over Lot 69 DP9969, 29 Australia Street, St Marys be received.

2.     Council grant T. Makari an easement for drainage 2m wide over Lot 69, DP9969 as per the conditions outlined in this report.

3.     Council accept the compensation amount as outlined in this report for the effect of the easement.

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

21      Summary of Investments & Banking for the period 1 August to 31 August 2013      

270  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

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

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

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

15      Penrith Business Alliance - Nomination of Board Member                                           

271  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1.     The information contained in the report on Penrith Business Alliance - Nomination of Board Member be received.

2.     Council nominate The Mayor, Councillor Ross Fowler OAM to fill the vacancy on the Penrith Business Alliance.

19      Commercial Matter - Station Street, Penrith (Lot c DP 158845)                                   

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

That:

1.     The information contained in the report on Commercial Matter - Station Street, Penrith (Lot c DP 158845) be received.

2.     Council support the proposed Classification as outlined in this report.

3.     Under Section 34 of the Local Government Act, the proposed resolution to classify the property as ‘Operational’ be publicly notified for a period of 28 days.

20      Appointment of a Director on the Board of the Penrith Whitewater Stadium Ltd    

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

That:

1.     The information contained in the report on Appointment of a Director on the Board of the Penrith Whitewater Stadium Ltd  be received.

2.     Council endorse the appointment of Geoff Hunter to the Board of the Penrith Whitewater Stadium Limited.

3.     A letter be sent from the Mayor thanking George Dodds for his contribution to the Penrith Whitewater Stadium Limited.

RR 1          'Tough Mudder' Event                                                                                            

Councillor Tricia Hitchen requested a memorandum reply to all Councillors providing an update on the ‘Tough Mudder’ event, in particular if it will continue to be run in the Penrith area.

RR 2          Pedestrian Bridge over Nepean River                                                                    

Deputy Mayor, Councillor Jim Aitken OAM requested a report to Council detailing a revision of options for the proposed pedestrian bridge over the Nepean River and considering options for instead building a new road bridge with 2 extra lanes and a safe walkway, allowing 4 lanes for crossing the Nepean River, including the Victoria Bridge. 

RR 3          Proposed high density development in Troy Street, Emu Plains                         

Councillor Karen McKeown requested a memorandum reply to all South Ward Councillors providing information regarding any developers that may have contacted Council officers proposing a high density development in Troy Street, Emu Plains between Forbes Street and the Great Western Highway.

RR 4          Map of land parcel owned by Blue Cattle Dog Hotel                                           

Councillor Greg Davies requested a map of the land parcel owned by the Blue Cattle Dog Hotel, and also a copy of Council’s Signs Policy.

RR 5          Reclassification of Land in Lockyer Avenue, Werrington                                   

Councillor Greg Davies requested a memorandum reply to all North Ward Councillors concerning a parcel of land in Lockyer Avenue, Werrington, which is to be reclassified and was to be offered for sale.

RR 6          Construction of facilities for Little Athletics in Penrith LGA                              

Councillor Prue Car requested a memorandum reply to all Councillors detailing what grant funding opportunities may be available for the construction of a new clubhouse and all weather athletics track for Little Athletics in the Penrith LGA.

UB 1          Leave of Absence                                                                                                     

Councillor Mark Davies requested Leave of Absence from 14 October 2013 to 25 October 2013 inclusive. 

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

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

275  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Leave of Absence be granted to Councillor Mark Davies from 14 October 2013 to 25 October 2013 inclusive. 

2        Commercial Matter - Licence Agreement for Nepean Food Services Incorporated   

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

CW2 That:

1.     The information contained in the report on Commercial Matter - Licence Agreement for Nepean Food Services Incorporated be received.

2.     Nepean Food Services Incorporated be offered a new 5 year licence agreement based on the terms outlined in this report.

3        Commercial Matter - High Street, Penrith                                                                      

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

CW3 That:

1.     The information contained in the report be received.

2.     Council purchase the subject property, following satisfactory due diligence, in accordance with Points 1 – 3 as outlined in the conclusion of the report.

3.     The General Manager be authorised to negotiate the loan.

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

5.     Under Section 34 of the Local Government Act, action be taken to advertise the proposed resolution to classify the property as ‘Operational’ for period of 28 days.

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Sergeant Matt Shirvington – Penrith Police, Constable Bill Pearson – Penrith Police

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 September 2013

The minutes of the Local Traffic Committee Meeting of 2 September 2013 were confirmed.

1        Fernhill Races Special Event - Traffic Management Plan Endorsement                     

RECOMMENDED

          That:

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

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

3.     The Traffic Management Plan submitted by the event applicant detailing the proposed traffic diversions for the event to be held on 9 November 2013 be endorsed. The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan.

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

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

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

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

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

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

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

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

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

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

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

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

16.   The event applicant to ensure that railings within the existing fence be removed near the northern access driveway to Fernhill Estate in order to increase the access width for vehicles entering and exiting the site.

17.   The event applicant to ensure that access driveway aprons are sealed with AC or similar in order to minimise rubble spilling onto Mulgoa Road.

18.   TCP Plan #05 be updated to remove bollards currently shown within Mulgoa Road, Mulgoa.

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

2        Road Safety Program Update                                                                                          

RECOMMENDED

          That:

1.     The information contained in the report on Road Safety Program Update be received.

2.     The information be noted.

3        Saddington Street, St Marys - Proposed Changes to Parking Restrictions fronting Our Lady of the Rosary Primary School                                                                                

RECOMMENDED

          That:

1.     The information contained in the report on Saddington Street, St Marys - Proposed Changes to Parking Restrictions fronting Our Lady of the Rosary Primary School be received.

2.     The existing 39m of part-time “No Parking” (school days) on Saddington Street, St Marys, fronting the school, be changed to unrestricted parking.

3.     The existing part-time “No Stopping” (school days) on Saddington Street, St Marys, on the south side departure of the flagged Children’s Crossing, be extended to the west side of the school car park exit driveway.

4.     Our Lady of the Rosary Primary School and Mrs Tanya Davies, Member for Mulgoa be advised of Council’s resolution.

4        Woodriff Street & Reserve Street, Penrith - Proposed Provision of Parking Restrictions   

RECOMMENDED

          That:

1.     The information contained in the report on Woodriff Street & Reserve Street, Penrith - Proposed Provision of Parking Restrictions be received.

2.     “No Stopping” restrictions be provided in Reserve Street and Woodriff Street, Penrith, at the intersection, for a distance of 10m on the northern and southern sides of Reserve Street, and for a distance of 13m on the northwest side of Woodriff Street and 35m on the southwest side of Woodriff Street.

3.     The business owner be advised of Council’s resolution.

4.     In parallel with the installation of signage, the proposed provision of “No Stopping” restrictions be referred to the Roads and Maritime Services for approval under the one kilometre restriction around a nominated railway station.  Should the Roads and Maritime Services not support the request, then a further report will be presented to the Local Traffic Committee.

5        Allen Place & Edwards Place Car Parks, Penrith - Proposed Changes to Parking Restrictions                                                                                                                         

RECOMMENDED

          That:

1.   The information contained in the report on Allen Place & Edwards Place Car Parks, Penrith - Proposed Changes to Parking Restrictions be received.

2.   The Allen Place and Edwards Place Car Parks, Penrith parking restrictions be implemented as follows:

a)   the Edwards Place Car Park timed parking restrictions be reduced from three-hour to two-hour parking

b)   the Allen Place Car Park timed parking restrictions be retained as two-hour, except for the 19 spaces (including one accessible parking bay) near the amenities block west of Woodriff Lane and the 24 spaces under the Spotlight ramp, which would be reduced from two‑hour to one-hour parking.

3.  Council write to the Penrith Valley Chamber of Commerce, the Penrith CBD Corporation and individuals who provided submissions advising of Council’s resolution.

6        High Street, Penrith - "Triangle Park" Proposed Road Closure                                  

RECOMMENDED

          That:

1.     The information contained in the report on High Street, Penrith - "Triangle Park" Proposed Road Closure be received.

2.     The Committee note the information.

7        Sydney Street & Adelaide Street, Oxley Park - Design Plan Endorsement                  

RECOMMENDED

          That:

1.     The information contained in the report on Sydney Street & Adelaide Street, Oxley Park - Design Plan Endorsement be received.

2.     Consultation be conducted with the bus operator and affected residents in relation to the relocation of the bus stop.

3.     Subject to no substantial objections, Design Plan AS230 (dated September 2013) for a Modified Pedestrian Refuge Island at the northern splinter island of the roundabout at the intersection of Sydney and Adelaide Streets, Oxley Park be endorsed for construction.

4.     A lighting assessment be conducted for the intersection.

8        Hewitt Street & Shepherd Street, Colyton - Median Island Stop Treatment               

RECOMMENDED

          That:

1.     The information contained in the report on Hewitt Street & Shepherd Street, Colyton - Median Island Stop Treatment be received.

2.     Consultation be conducted with residents affected by installation of “No Stopping” signage associated with the proposal.

3.     Subject to no substantial objections from the consultation process, Design Plan AS 231 (dated 23/09/13) for a Median Island Stop Treatment (MIST) at the intersection of Hewitt Street and Shepherd Street, Colyton be endorsed for construction.

4.     A lighting assessment be conducted.

9        Maxwell Street & Aspen Street, South Penrith - Proposed Provision of Roundabout

RECOMMENDED

          That:

1.     The information contained in the report on Maxwell Street & Aspen Street, South Penrith - Proposed Provision of Roundabout be received.

2.     Design Plan AM 178 (dated Sep 13) for a roundabout at the intersection of Maxwell Street and Aspen Street, South Penrith be endorsed for construction.

3.     A lighting assessment be conducted.

4.     Businesses in the commercial area of Aspen Street, South Penrith be advised of the proposal.

5.     Provision of a “Keep Clear” pavement marking at Hilliger Road, South Penrith be referred to the Roads and Maritime Services for approval.

 GB 1         Jordan Springs Village 4 – Endorsement of Signage & Linemarking Plan  (Raised Council)    

The purpose of this report is to seek endorsement of signage and linemarking plans associated with the Jordan Springs, Village 4.  The report recommends that the signage and linemarking plans be endorsed.

Council officers have received signage and linemarking plans from J Wyndham Prince Consulting Engineers for the new subdivision, being Jordan Springs Village 4 (Plan No. 9408/CC700 A dated 06/09/13, 9408/CC159 C dated 06/09/13, 9408/CC160 E dated 06/09/13, 9408/CC344 D dated 06/09/13, 9408CC426 D dated 06/09/13, 9408CC536 D dated 06/09/13, 9408/CC617 D dated 06/09/13).  In summary, the plans provide a regulatory and advisory signage and linemarking scheme for the proposed residential development.

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

“….delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

In accordance with Council’s resolution, the signage and linemarking plans for the Jordan Springs Village 4 were referred to the Roads and Maritime Services (RMS) and NSW Police for comments.  The RMS representative requested the following amendments:

·      Plan CC159 - Road No. 1: “Left Lane Must Turn Left” sign - this lane should also be marked with pavement arrows.

·      Plan CC159 - Road No. 21: left lane is marked with left-turn pavement arrows - also need to install “Left Lane Must Turn Left” sign.

·      Plan CC159 - Road No. 21: please refer designer to the current RMS supplement regarding merge lane design requirements ie, Zip Lane treatment rather than merge with continuity line.

·      Pedestrian island detail does not show width of islands.  Please ensure these are wide enough to accommodate bicyclists if located on a designated bike route or shared path access.

Council officers made the minor amendment to the plans in red pen to meet the RMS requirements.  Subsequently, Council’s Development Engineers have advised the applicant of the RMS comments and associated amendments. NSW Police had no objections to the proposed signage and linemarking plan.

RECOMMENDED

That the signage and linemarking plans prepared by J Wyndham Prince Consulting Engineers for the new subdivision being Jordan Springs Village 4 (Plan No. 9408/CC700 A dated 06/09/13, 9408/CC159 C dated 06/09/13, 9408/CC160 E dated 06/09/13, 9408/CC344 D dated 06/09/13, 9408CC426 D dated 06/09/13, 9408CC536 D dated 06/09/13, 9408/CC617 D dated 06/09/13), as amended in red, including the Roads and Maritime Services requirements listed in the report, be endorsed for construction.

GB 2          Town Terrace, Glenmore Park – Design Plan Endorsement  (Raised Council) 

The purpose of this report is for Council to endorse design plans for a Watts profile speed hump within Town Terrace, Glenmore Park.  Town Terrace was the subject of a report to the Local Traffic Committee (LTC) on 3 November 2008, and Council, at its meeting on 10 November 2008, resolved (in part) that:

“2.    A speed hump be constructed within the southern carpark on Town Terrace, Glenmore Park, to be located at the northern end of the subject section adjacent to the last carparking space.  The project be entered into Council’s Traffic Facility Prioritisation process, and when the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to investigate options, then a further report be submitted to the Local Traffic Committee for consideration.”

Current Situation

Council’s Design Section have provided design plans for a Watts profile speed hump and associated linemarking and signage, and the design is now referred back to the LTC for endorsement prior to construction.

Council’s Design Section advises that the speed hump has been designed to best practice when considering the Roads and Maritime Services supplement, Austroads and Australian Standards requirements.  The project is funded from Council’s 2013/14 Major Traffic Facilities budget.  Design Plan AT79 is submitted to the LTC for endorsement.  As part of the detailed design process, a lighting assessment of the intersection shall be conducted.  As the speed hump adjoins the car park to the Glenmore Park Shopping centre, Centre Management will be consulted prior to its installation.

RECOMMENDED

          That:

1.     Consultation be conducted with the Glenmore Park Shopping Centre management in relation to the speed hump installation.

2.     Subject to no substantial objections, Design Plan AT79 (dated October 2013) for a Watts profile speed hump within Town Terrace, Glenmore Park be endorsed for construction.

3.     A lighting assessment be conducted for the location.

GB 3          Mulgoa Rise – Endorsement of Signage & Linemarking Plan  (Raised Council)

The purpose of this report is to seek endorsement of signage and linemarking plans associated with Mulgoa Rise Precinct D Stages 3A, 3B and 3C.  The report recommends that the signage and linemarking plans be endorsed.

Council officers have received signage and linemarking plans from J Wyndham Prince Consulting Engineers for the new subdivision, being Mulgoa Rise Precinct D Stages 3A, 3B and 3C (Plan No. 898/CC660 C dated 07/02/13, 8983/CC172 B dated 24/05/13, 8983/CC604 B dated 25/01/13).  In summary, the plans provide a regulatory and advisory signage and linemarking scheme for the proposed residential development.

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

“….delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

In accordance with Council’s resolution, the signage and linemarking plans for Mulgoa Rise were referred to the Roads and Maritime Services (RMS) and NSW Police for comments.  The RMS representative requested the following amendments:

·      review the parking lane treatments - they indicate they extend around the curve.

At the time of writing the report, no comments had been received from NSW Police.  As such, the Police comments will be sought at the LTC meeting.

Council officers made the minor amendment to the plans in red pen to meet the RMS requirements, together with other minor amendments.  Subsequently, Council’s Development Engineers have advised the applicant of the RMS comments and associated amendments.

RECOMMENDED

That the signage and linemarking plans prepared from J Wyndham Prince Consulting Engineers for the new subdivision, being Mulgoa Rise Precinct D Stages 3A, 3B and 3C (Plan No. 898/CC660 C dated 07/02/13, 8983/CC172 B dated 24/05/13, 8983/CC604 B dated 25/01/13) as amended in red, including the Roads and Maritime Services requirements listed in the report, be endorsed for construction.

GB 4          Andromeda Drive & The Northern Road, Cranebrook – Intersection Improvements  (Raised Council)                                                                                                                           

The purpose of this report is to consider the current intersection configuration at Andromeda Drive and The Northern Road, Cranebrook.  The report recommends that Council lobby the Roads and Maritime Services (RMS) for investigations and upgrades on The Northern Road.

Andromeda Drive is a Local road that intersects with The Northern Road at its southernmost end.  Council recently provided an intersection upgrade at this location, which included a median island stop treatment and painted island, together with changed “Give Way” priorities due to the installation of the painted island.

Representations have been received from Councillor Thain at Council’s Ordinary Meeting on 26 August 2013, requesting a memorandum regarding the cause of the accident that occurred on Andromeda Drive and The Northern Road in the week preceding the request.  A memorandum was subsequently prepared and sent to all Councillors on 12 September 2013, which advised:

“We have contacted Penrith Police who have advised of a reported accident at the intersection on 20 August 2013. This accident occurred when a southbound vehicle on The Northern Road turned into Andromeda Drive and failed to see a northbound vehicle travelling on The Northern Road. The driver of the right turning vehicle advised Police that her view was obstructed by another vehicle at the intersection.

Recently, Council (through the Local Traffic Committee) has implemented changed traffic conditions at this intersection to treat an accident trend where vehicles turning right out of Andromeda Drive were being hit by through traffic on The Northern Road.

Council wrote to the Roads and Maritime Services (RMS) on several occasions regarding safety at this intersection given that the predominant road is The Northern Road, which is a State Road and under the care and management of RMS. At the time, the RMS advised that given that Andromeda Drive is a local road, Council’s proposed “changed traffic conditions” for Andromeda Drive traffic was Council’s responsibility.

Council does not have the budget or resources to treat accidents like the one that occurred on 20 August that relates to the State Road.

That said, a report is being prepared for the Local Traffic Committee addressing the current (recently implemented) intersection configuration, together with a review of RMS responsibilities at this intersection.”

Council officers have recently been advised by the Principal of Xavier College that a more recent accident occurred when a student turned right from Andromeda Drive and was hit by a through vehicle on The Northern Road.  At the time of writing this report, Council did not have full the details of this incident.

The concerns raised by Councillor Thain, on behalf of residents, were that drivers were confused regarding the changed priorities at the intersection due to the recent works.  Prior to the works, the Australian Road Rules (ARR) gave priority to vehicles turning left from The Northern Road into Andromeda Drive over right-turning vehicles turning into Andromeda Drive.  Now that the works are completed, the ARR require the priorities to be changed, where left-turning vehicles must now give way to right-turning vehicles, thus reversing the priorities.

These priorities create a contemporary intersection configuration similar to other intersections around traffic signals and, more similarly, the newly constructed intersection at the Laycock Street extension, where Laycock Street now meets Andrews Road.  Since the opening of the Laycock Street and Andrews Road intersection, Council’s records indicate we have had no submissions regarding driver confusion with regard to the priorities, whilst we have received several submissions regarding confusion at the Andromeda Drive and The Northern Road intersection.  Site inspections determined that the main difference between the two intersections is that the island that creates the left-turn slip lane is concrete on Andrews Road, whilst it is painted on The Northern Road.  To assist drivers, the existing painted island could be replaced with concrete to provide additional delineation.  Such a change may also allow the “Give Way” sign to be relocated onto the island.  Works of this kind would require separate consideration and approval from the RMS, as The Northern Road is a State road under the control and management of the RMS.

Whilst Council received concerns regarding driver confusion, we have also received several submissions and criticism regarding the need to upgrade the intersection to a signalised intersection with traffic lights or a roundabout.  The Northern Road is a State road under the control and management of the RMS.  Council does not have the budget or resources to treat major State road intersections despite them intersecting with a Local road.

A five-year accident analysis was undertaken using available data from January 2008 to December 2012, which indicated there have been eight accidents at the intersection during that time.  This report recommends that Council write to the RMS and request they review the current intersection configuration including, but not limited to, vehicle speeds and the existing speed limit on The Northern Road, signage, linemarking and the need for traffic signals, a roundabout or an amendment to the current intersection configuration.

RECOMMENDED

          That:

1.     Council request approval from the Roads and Maritime Services to replace the existing painted island on The Northern Road at the intersection with Andromeda Drive, Cranebrook with a concrete island.

2.     Subject to Roads and Maritime Services approval, the existing painted island on The Northern Road at the intersection with Andromeda Drive, Cranebrook be replaced with a concrete island, with funding to be considered from Council’s Urgent Local Traffic Facilities Program.

3.     Council write to the Roads and Maritime Services and request they consider the provision of traffic signals or intersection upgrades at the intersection of The Northern Road and Andromeda Drive, Cranebrook.

4.     Councillor Thain be advised of Council’s resolution.

GB 5          The Northern Road/Bringelly Road, South Penrith – Request for Provision of Left-Turn Lane  (Raised Councillor Hitchen - Representative for the Member for Penrith)           

Councillor Hitchen, representative for the Member for Penrith, raised concerns about traffic congestion on The Northern Road, South Penrith, due to vehicles waiting to turn right into Bringelly Road.  It was reported that right-turn vehicles queue beyond the right-turn lane and into the through lane, particularly during the AM peak.

The Northern Road is a State road under the control and management of the Roads and Maritime Services (RMS).  As such, the RMS will be requested to consider the length of queue for right-turning vehicles from The Northern Road into Bringelly Road, together with an additional left-turn lane for northbound vehicles on The Northern Road to turn into Maxwell Street.

RECOMMENDED

That Council write to the Roads and Maritime Services requesting that they conduct a review of capacity at the right-turn from The Northern Road into Bringelly Road, South Penrith and consider an additional dedicated left-turn lane for northbound vehicles from The Northern Road onto Maxwell Street.

GB 6          Reserve Street Car Park, Penrith – Request for Re-sealing  (Raised Councillor Cornish)    

Councillor Cornish requested that the car park located on the corner of Reserve Street and Woodriff Street, Penrith, be resealed and linemarked to allow for better use of the facility and maximising car parking spaces.

RECOMMENDED

That Council’s City Works Manager be requested to investigate this matter.

GB 7          Variable Message Signs – Request to Obtain Signs for Council Use  (Raised Councillor Cornish)    

Councillor Cornish requested that Council look into obtaining a variable message sign(s) to publicise various Council events.

RECOMMENDED

That Council’s City Works Manager be requested to investigate this matter.

GB 8          Bus Services in Penrith – Transition to New Provider  (Raised Busways)          

The Busways representative advised that Busways have commenced bus services in the Penrith Local Government Area and taken over from Westbus with no major issues in the first few weeks of service.

RECOMMENDED

That the Committee note the information.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 14 October, 2013 be adopted.

APOLOGIES

Apologies were received for Councillors Ben Goldfinch and Maurice Girotto.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 September 2013

The minutes of the Policy Review Committee Meeting of 9 September 2013 were confirmed.

6        Community Survey 2013

Corporate Planning Coordinator, Tanya Jackson introduced the report and invited Stuart Reeve, Managing Director of Micromex Research to give a presentation.                                               

RECOMMENDED that the information contained in the report on Community Survey 2013 be received.

1        Penrith Business Alliance Limited (PBA) 2013-2014 Business Plan

Assistant General Manager, Craig Butler introduced the report and invited Paul Brennan, Chairman of the PBA and Ben Artup, Manager Industry and Investment to give a presentation.

Councillor Prue Car left the meeting, the time being 7:56pm.
Councillor Prue Car returned to the meeting, the time being 8:04pm.

RECOMMENDED

That:

1.     The information contained in the report on Penrith Business Alliance Limited (PBA) 2013-2014 Business Plan be received.

2.     Council agree to the Penrith Business Alliance Business Plan for 2013-2014 and provision of the amount of $516,000 (plus GST) to be paid in two separate instalments of $258,000 (plus GST) each, in October 2013 and March 2014, in accordance with the provisions of the Deed of Agreement.

3.     Council defer consideration of the Penrith Business Alliance’s request for an advance of $200,000 from the 2014-15 budget to cover operational expenses from July to October 2014 until early in the 2014 calendar year to coincide with negotiations on the new deed of agreement with the Penrith Business Alliance for its continued operation.

4.     A separate report be submitted to Council’s Ordinary Meeting of 25 November 2013 tabling the Penrith Business Alliance’s Financial Plan once the draft Financial Plan has been considered by the Penrith Business Alliance Board.

5.     A letter be sent to the Chairperson of the Penrith Business Alliance, expressing Council’s appreciation to the Board for their work over the past year.

4        Neighbourhood Renewal Program  - North St Marys and Werrington Neighbourhood Action Plans

Councillor Jim Aitken OAM left the meeting, the time being 8:22pm.

Place Manager, Jeni Pollard introduced the report and invited Acting Coordinator Neighbourhood Renewal, Heather Chaffey to give a presentation.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:24pm.

Councillor Kevin Crameri OAM left the meeting, the time being 8:30pm.
Councillor Kevin Crameri OAM returned to the meeting, the time being 8:34pm

Councillor Bernard Bratusa left the meeting, the time being 8:53pm.
Councillor Bernard Bratusa returned to the meeting, the time being 8:53pm.                             

RECOMMENDED

That:

1.     The information contained in the report on Neighbourhood Renewal Program  - North St Marys and Werrington Neighbourhood Action Plans be received.

2.     Council endorse the North St Marys Neighbourhood Action Plan 2013 and the Werrington Neighbourhood Action Plan 2013 as provided in Appendix 2 and 3 of this report.

2        Construction Specification for Civil Works (Working Draft)

Councillor John Thain left the meeting, the time being 8:59pm.
Councillor John Thain returned to the meeting, the time being 9:04pm.

Councillors Michelle Tormey and Tricia Hitchen left the meeting, the time being 9:06pm and did not return.                                                                                                                                            

RECOMMENDED

That:

1.    The information contained in the report on Engineering Construction Specification for Civil Works (Working Draft) be received.

2.    Council endorse the Engineering Construction Specification for Civil Works (Working Draft) for the purpose of exhibition and consultation with the industry.

3.    Council endorse minor amendments to be made to Council’s Engineering Guidelines for Subdivision and Other Development - Part 1: Design to ensure consistency between the two documents.

4.    The Engineering Construction Specification for Civil Works (Working Draft) be applied to civil works associated with Development Applications lodged after Council’s endorsement of the document.

5.    At the conclusion of the exhibition a report be presented to Council for adoption of the final document.

6.    References to the Engineering Construction Specification for Civil Works (Working Draft) be updated in the next version of Council’s Development Control Plan.

7.    The final specification be reviewed by Engineering Services and City Works periodically with only substantial amendments to be reported to Council.

3        Stormwater Drainage for Building Developments (Working Draft)                            

RECOMMENDED

That:

1.     The information contained in the report on Stormwater Drainage for Building Developments (Working Draft) be received.

2.     Council endorse the Stormwater Drainage for Building Development (Working Draft) for the purpose of exhibition and consultation with the industry.

3.     The Stormwater Drainage for Building Developments (Working Draft) be applied to civil works associated with Development Applications lodge after Council’s endorsement of the document. 

4.     References and information in Penrith Development Control Plans 2006 & 2010 and Council’s Guidelines for Engineering Works for Subdivisions and Developments Part 1: Design be updated to be consistent with the adoption of Stormwater Drainage for Building Development (Working Draft).

5.     At the conclusion of the exhibition a report be presented to Council for adoption of the final document.

5        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received.

2.     Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     A further report be presented to Council at the conclusion of the exhibition period.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 October, 2013 be adopted.

1

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    

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

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 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 Surveyor

No objection, subject to the imposition of standard conditions.

Development Engineer

No objection, subject to the imposition of standard conditions.

Antisocial behaviour, Neighbours Safety and Security and Tenancy Management

Issues regarding the well-being and safety of neighbours have been raised with the NSW Land & Housing Corporation for consideration and the corporation has acknowledged receipt of the concerns. This is discussed earlier in this report. 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.

Privacy Impacts

A 1.8m high fence and retaining wall to the eastern boundary provides screening. 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. Amended plans have been provided to include a privacy screen be erected to the edge of the patio and extend to the property boundary to Unit 1 to safeguard against the perception viewing between adjoining properties could occur.

Furthermore landscaping is proposed adjacent to the property boundaries which will also prevent opportunity for cross viewing.

Overshadowing

A shadow diagram has been prepared by the applicant and demonstrates compliance with the DCP requirements in regard to solar access, which is accepted by Council officers.

Overdevelopment of the site

Despite the non compliance with the rear setback, the development satisfies the minimum landscaped area and building height limitation of the LEP. Furthermore, the site area is well in excess of the minimum under LEP 1998 for an attached dual occupancy development.

Development is inconsistent with the character of the locality

The report addresses this issue.

Retaining wall acting as a foot hold to allow residents to look over fences to the adjoining properties.

Privacy has already been addressed above.

(See the section which addresses ‘Privacy Impacts’)

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.     The State Environmental Planning Policy No. 1 objection to the 4 metre rear set back be supported for the reasons outlined in this report.

3.    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:

3.1    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 – Sydney Water

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      Australian Standard requirements for planting and landscaping

L007      Tree protection measures

P001      Costs

P002      Fees Associated with Council Land

Q010     BASIX Certificate

3.2    Special Conditions

                   3.2.1.          The provision of high feature trees (Melaleuca and Angophora) located                             in the south portion of the site shall be revised to comprise of Grevillea                            and Lomandra (as identified in red) on the stamped approved                                         Landscape Concept Plan.

                   3.2.2.          The existing palm tree to the south of the site shall be removed as                                    identified in red, on the stamped approved Landscape Concept Plan.

,

3.2.3.          The development must be implemented substantially in accordance                                                with the following plans:

                      and stamped approved by Council and any supporting information                                  received with the application, except as may be amended by the                                        following conditions.

3.2.4.           The work must be carried out in accordance with the requirements of                                the Building Code of Australia.

3.2.5.          All aspects of the building design shall comply with the applicable                           performance requirements of the Building Code of Australia.

3.2.6.          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.

1. View

Tenancy Management Statement

2 Pages

Appendix

2. View

Architectual Plans

5 Pages

Appendix

3. View

Locality Map

1 Page

Appendix

4. View

Urban Design Guideline Assessment

1 Page

Appendix

2

Development Application 13/0863 Fernhill - Race Day Lots 10 & 11 (No. 1041-1117) Mulgoa Road, Mulgoa  Applicant:  Brenda Tripp;  Owner:  Angas Securities Limited   

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

Referral Body

Comments Received

Building Surveyor

No objections, subject to conditions of consent

Community Safety

No objections, subject to conditions of consent

Environmental Health Officer – Public Health

No objections, subject to conditions of consent

Environmental Health Officer

No objections, subject to conditions of consent

Senior Biodiversity Officer

No objections, subject to conditions of consent

Senior Traffic Engineer

Traffic Management Plan supported by the Local Traffic Committee and to be considered at the Council Meeting on 21 October 2013.

RECOMMENDATION

That:

1.      The information contained in the report on Development Application DA13/0863 - Picnic Horse Racing Event to be held on 9 November 2013 at 1041 – 1187 Mulgoa Road, Mulgoa is received.

2.      Development Application 13/0863 seeking consent to Conduct a Picnic Horse Racing Event to be held on 9 November 2013 at 1041 – 1187 Mulgoa Road, Mulgoa be approved subject to the following conditions:

2.01   This consent permits the running of the “Fernhill Picnic Horse Racing Event” on 9 November 2013.  Any future events on the site would require a separate application for development approval, demonstrating compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

2.02   The maximum number of tickets available for spectators involved in the “Fernhill Picnic Horse Racing” Event is limited to 20,000 people. Children under 14 are not included with the maximum spectator numbers. Evidence of compliance is to be provided to Penrith City Council within three (3) weeks of the event concluding.

2.03   All entertainment and trading including the operation of a Public Address and speaker system is to cease at 9.00pm on the day of the event.

2.04   The development shall comply with the provisions of the Building Code of Australia at all times, with respect to smoke and flame index of materials, emergency lighting, exit signs and fire fighting facilities.

2.05   The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

2.06   Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and action agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

2.07   Access to car parking area, spectator areas and sanitary facilities for persons with disabilities is to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”.

2.08   The temporary tent structures, stages and grandstands, when erected, are to fully comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council prior to the event, certifying the structural adequacy of the structures.

The maximum number of patrons permitted within any part of the structures is to be clearly displayed in a prominent position on each structure.

2.09   The event structures are to be inspected by Penrith City Council at least 24 hours before the event operates for the public. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

2.10   The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

2.11   Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001 and BCA Part E1.6, with certification submitted to Council prior to the event.

2.12   Two NSW Rural Fire Service Category 1 fire truck shall be provided on the site for the race day.

2.13   Access to the site for the NSW Fire Brigades/ Rural Fire Service/ NSW Ambulance Service is to be made available at all times during the operation of the event.

2.14   Helicopters are not to be used as a method of transporting people to and from the Fernhill Estate, except when responding to any medical emergencies.

2.15   In the event that a helicopter needs to attend the site for a medical emergency, instructions are to be provided that overhead power lines are within the site and due care is to be taken when responding to the emergency.

2.16   Bins are to be provided at Penrith Station / Penrith Paceway and removed at the conclusion of the event. The area utilized by the event at Penrith Station/ Penrith Paceway is to be satisfactorily cleaned to that of pre-event conditions.

2.17   Appropriate place barriers are to be used to direct the pedestrians towards the bus entry point at Penrith Station.

2.18   The Event Management Plans prepared by Global Event Management Pty Ltd, dated August 2013 is to be updated to include the Risk Management Plan, as referred to in this document. The report is to be submitted to Council for consideration a minimum of two weeks before the event.

Transport Management Plan

2.19   The recommendations from the Local Traffic Committee Meeting, held on 14 October 2013 are to be implemented in relation to the event (Refer to Appendix 5 to the Notice of Determination).

Potable Water Supply

2.20   A Potable Water Supply Management plan is to be provided to Council at least two weeks before the event demonstrating how potable water will be supplied to all required fixtures including food stalls, bars, showers, hand wash basins and stations, and anywhere else where a potable supply is required.

          The plan shall demonstrate how residual chlorine will be measured and recorded at the supply, delivery of water to storage tanks, and at the end use.

          The plan should also include information on storage tanks, pumps and the distribution system, tank cleaning, location of storage tanks, and the security of tanks and the water supply.

2.21   The potable water supply shall be maintained in accordance with the Australian Drinking Water Guidelines 2004 and the NSW Health Private Water Supply Guidelines 2008. A residual of 0.2 to 0.5 mg/L free chlorine must be maintained in the water supply at all times.

2.22   Residual chlorine must be measured and recorded at the supply, delivery of water to storage tanks, and at the end use. Additional chlorine must be added if residuals cannot be maintained in accordance with NSW Health guidelines. Stored water shall be tested and results recorded a minimum of every 2 hours. Records must be available for Council’s Environmental Health Officers to inspect at all times.

2.23   The supply of water shall be completed in accordance with the NSW Guidelines for Water Caters (NSW Health & NSW Food Authority 2012). The carter must have approval or licensing from Sydney Water or other Water Authority to take water from their supply and the event coordinator must notify Council before the event where water is being sourced from.

2.24   Any water carter providing potable water for the event must make available to Council, for inspection, before the event their water carts, cleaning records and logs, and chlorine testing equipment. The supply of water shall be completed in accordance with the NSW Guidelines for Water Caters (NSW Health & NSW Food Authority 2012) and the carter must have approval or a license from Sydney Water or other Water Authority to take water from their supply.

Food

2.25   A detailed Food Management Plan is to be provided to Penrith City Council a minimum of two weeks prior to the event, outlining all aspects of the food supply, storage, and delivery. The food management plan should cover all food supplied to staff and the public for this event. The plan, as a minimum, should include the following:

-        Food suppliers

-        Transport of the food to the event;

-        Food storage

-        Temperature control (cool rooms etc)

-        Hand washing facilities and cleaning facilities

-        Water, electricity and gas supplies

-        Wastewater disposal

-        Garbage bins and disposal

-        Food display and fixtures

-        Construction of stalls

2.26   Penrith City Council requires all food businesses attending this event to apply to Council for an approval to sell food. This application must be submitted to Council a minimum of two weeks before the event to allow Council sufficient time to assess the applications. Late applications will not be considered or approved. Council will provide the event organiser with a list of approved food businesses prior to the event.

Application to sell food forms are available on Council’s website: www.penrithcity.nsw.gov.au

Note: A person selling food or operating stalls or mobile vans used for selling food for human consumption, including produce, fruit and vegetables, drinks, or pre-packaged food, is deemed to be a ‘food business’ under the Food Act 2003. This includes not-for-profit organisations.

2.27   Prior to the operation of the food business at this event all food businesses must notify the NSW Food Authority of their details including:

-        Contact details for the food business, including the name and address of the business and the proprietor of the business.

-        The nature of the food business.

-        The location of any other food premises associated with the food business, within the jurisdiction of NSW Food Authority.

Notification can be completed free of charge on the NSW Food Authority’s Food Notify website at www.foodnotify.nsw.gov.au.

2.28   A Food Safety Supervisor, with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority, must be appointed by each individual food business prior to the event. The certificate must be available at the day of the event for inspection by Council’s Environmental Health Officers. 

2.29   The proprietor of the food business shall ensure that the requirements of the following legislation, codes, and guidelines are met at all times:

•        NSW Food Act 2003

•        NSW Food Regulation 2010

•        The Australian and New Zealand Food Standards Code

•        Guidelines for Temporary Events (NSW Food Authority 2012), and

•        Mobile food vending vehicles: Operation, construction and food handling guidelines (NSW Food Authority 2009)

2.30   Coolrooms must be supplied by the event organisers for all food vendors and power must be maintained to these coolrooms. The event coordinator is to liaise with food businesses as to their coolroom and storage needs. Cool room temperatures must be routinely monitored and temperatures recorded. An alarm system must be provided to ensure correct temperatures are maintained overnight.

2.31   Toilets must be provided for all food handlers and maintained in a hygienic condition. These toilets must be separate to other event toilets and not available to the general public, employees or officials. The toilets must be located in the immediate vicinity of the food stalls and there should be sufficient toilets to cover the needs of all food handlers. Toilets shall be supplied with a hand washing facilities that provide warm water through a single outlet and be provided with soap and paper towels.

Petting Zoo

2.32   Hand sanitiser must be readily available for people handling and coming into contact with animals. Signage must be provided directing people to the hand sanitiser and warning people of the risks associated with handling animals.

Waste and Wastewater

2.33   Temporary sanitary facilities shall be provided for the event in accordance with Table F2.3 of the Building Code of Australia.

2.34   The provisions of toilets for the event are to comply with Clause 34 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department.

2.35   All toilet and wastewater facilities are be operated and located in a suitable location so not to cause water pollution either through direct flow into the dams, tributaries or through stormwater drainage system.

          In the event wastewater enters the dams, tributaries or stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition Council is be notified of the incident within 24           hours.

Any wastewater discharge or spill is be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

2.36   All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

2.37   A wastewater discharge point is to be provided for food businesses by the event manager for all sullage, greywater and wastewater. No wastewater is to be discharged to the environment. All wastewater is to be transported and disposed off at a lawful and licensed facility by a NSW EPA licensed contractor. Copies of receipts are to be provided to Council.

2.38   Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment business. Bins are to be located as to not cause pollution and are be frequently emptied.

2.39   Any general waste located within the local road network affected by the local traffic diversions (St Thomas Road, Farm Road & Littlefields Road) is to be removed from these locations within one (1) week of the event being held.

Noise

2.40   The services of a suitably qualified consultant is to be engaged to conduct noise testing during the event and provide an Event Acoustic Report to be submitted to Penrith City Council within twenty eight (28) days of the event.

          The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise and New South Wales Environment Protection Authority Industrial Noise Source Policy 2000.

2.41   Noise generated by the activity after 10pm is not to exceed the Sleep Disturbance Criteria provided in the Environmental Protection Authorities Industrial Noise Policy. In the event that the continuous noise monitoring detects any exceedance, the noise levels are to be reduced immediately.

2.42   A community contact hotline (landline and mobile) by the event organiser is to be made available to the surrounding area in case noise nuisance occurs. Any complaints are to be reported to the event manager and where necessary action is to be taken to resolve the noise nuisance. The event manager if so required by an authorised officer, the acoustic consultant or the NSW Police Force must have the authority to order the reduction of noise level produced.

Two (2) weeks prior to the event being held, details of the noise complaint hotline (including landline and mobile phone) are to be distributed to residents within 500m of the property boundaries of the site.

Environmental Management

2.43   Erosion and sediment control measures shall be installed prior to the commencement of works on site. The erosion and sediment control measures are to be maintained in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

          (Note: To obtain a copy of the publication, you should contact Landcom on (02) 98418600).

          The approved sediment and erosion control measures are to be installed prior to and maintained throughout the construction phase of the development until the land, that was subject to the works, have been stabilised and grass cover established. These measures shall ensure that mud and soil from vehicular movements to and from the site does not occur during the construction of the development.

No activities are to result in the pollution of waterways.  All waterways located near the event sites (including the race track), whether ephemeral or otherwise, are to be appropriately protected with the use of sedimentation controls.  No riparian or aquatic vegetation is to be removed as part of the event.  The erosion and sedimentation controls are to be maintained until such time as any disturbed areas have been stabilised.

2.44   The ‘Fernhill Picnic Races, Fernhill Estate Mulgoa: Draft Environmental Management Plan’ prepared by GHD dated October 2013 is to be implemented and adhered to during the construction and operational phases of the event.  The checklists included in Appendix B and Appendix C is to be completed as required by the Environmental Management Plan and submitted to Council within twenty eight (28) days of the event.

2.45   The ‘Fernhill Picnic Races: Dust Management and Runoff Prevention Plan’ dated 25 September 2013 is to be implemented and adhered to during the construction and operational phases of the event in relation to all areas of the Fernhill Estate utilised for the picnic races event.

2.46   All waste generated by the horses associated with the event are to be disposed of in accordance with the existing Fernhill Estate waste management program, as outlined in the ‘Supplementary Information’ prepared by Global Event Management Pty Ltd dated September 2013.

2.47   The hosing out of the temporary horse stables/structures with water for cleaning purposes is not permitted.  Stables are to be cleaned using predominantly dry methods that limit the use of water.  Acceptable methods would include sweeping, mopping and manual collection and disposal of horse manure.

2.48   All wastewater generated by the use of the horse washbays is not to enter waterways.  This wastewater is to be captured and disposed of to an appropriately licensed waste management facility.

2.49   No trees or other vegetation (including native understorey and grass species) are to be removed, ringbarked, cut, topped, lopped or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council’s Tree Preservation Order Policy. Tree protection measures may be required where vehicles or structures will be near trees.

2.50   No fill, machinery or materials are to be placed or stored within the drip-line of any tree, unless appropriate tree protection measures are in place.

2.51   No fill material is to be imported to the site without the prior approval of Penrith City Council in accordance with Sydney Regional Environmental Plan No.20 (Hawkesbury- Nepean River) (No.2-1997). No recycling of material for use as fill material shall be carried out on the site without the prior approval of Council.

2.52   Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the site. This is to apply to parking areas, access roads and within the event site.

2.53   Mud and soil from vehicular movements to and from the site must not be deposited on the road.

2.54   All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

2.55   All disturbed areas that have experienced loss of ground cover or other vegetation as a result of the event is to be rehabilitated using native seed (including when seed spraying) or plants suitable to the local community and is to be of local provenance (western Sydney) only. No exotic plants or grasses are to be used.  A list of suitable species is to be sought from a suitably qualified ecologist.

Security and Safety

2.56   The applicant must provide a combination of security personnel and paid Policing for the duration of the event. This includes a number of security guards on the site determined in conjunction with Penrith Police and agreed to by Penrith City Council 2 weeks prior to the event.

Drug and Alcohol Management

2.57   The guidelines contained in the Alcohol Management Plan must be adhered to by security and event staff to promote responsible consumption of alcohol and minimise opportunities for alcohol-related antisocial behaviour to occur.

2.58   Security personnel must be provided within the on-site car park and at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

2.59   Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

2.60   Bags shall be searched upon entry in accordance with the “Fernhill Estate Race Day Security Planning Document” provided by the applicant. Eskies shall not be permitted into the event.

2.61   Alcohol must not be brought in to the event, but must only be purchased on site from the licensed vendors. The consumption of alcohol within the car park on the site is not permitted.

2.62   Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

2.63   Free water must be provided at all bar areas and bottle refilling stations.

Crowd Management

2.64   The Crowd Control procedures provided in the “Fernhill Estate Race Day Security Planning Document” must be adhered to by security and event staff throughout the event.

2.65   Event organisers must be able to communicate with the crowd both for public announcements and in emergencies.

Major and Medical Incidents

2.66   The ‘Sydney’s Country Race Day Medical Plan’ provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency.

2.67   Records should be kept of all incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken.

Lighting and Power

2.68   Lighting is to be provided within the car park at Penrith Station and Penrith Paceway for the duration of the event.

2.69   Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stage area.

2.70   Access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies.

Signage

2.71   Clear signage should be displayed throughout the event to clearly indicate entry/exit points, public transport locations, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

1. View

Locality Plan

1 Page

Appendix

2. View

Track Map

1 Page

Appendix

3. View

Stalls Map

1 Page

Appendix

4. View

VIP Map

1 Page

Appendix

5. View

Heritage Office General Terms of Approval

3 Pages

Appendix

6. View

Letter from Racing NSW

2 Pages

Appendix

3

Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2013-14   

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Work with the community to deliver priority infrastructure and activation projects in identified established areas of the City

Stream 1 - Community Collaborations

Chinese Community Artwork

            $1,500

            $1,500

            $1,500

Stream 2 - Creative Communities

            $8,000

            $8,000

            $8,000

RECOMMENDATION

That:

1.     The information contained in the report on Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2013-14 be received.

2.     The seven projects recommended by the assessment panel be funded as listed in Appendix 1.

3.     That all projects not funded as listed in Appendix 2 are provided with feedback including other avenues of funding.

1. View

Magnetic Places 2013/14 Projects Recommended for Funding

3 Pages

Appendix

2. View

Magnetic Places 2013/14 Projects Not Recommended for Funding

2 Pages

Appendix

4

Tender Reference 13/14-07 – Construction Work for Amenities Block at Blair Oval, St Marys   

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide designs and plans for Council's parks, buildings, roads and drains

Company

Tendered Price (ex GST).

AUSCORP Constructions Pty Ltd

$249,900.00

ARCS Group**

$262,201.00

ADR Group Pty Ltd

$294,913.00

SFS Projects Australia Pty Ltd

$359,944.00

Artel Constructions PL

$375,000.00

Westco Building Consultants Pty Ltd

$384,850.00

Deltabuild Contractors Pty Ltd

$400,442.00

AVANT Construction Pty Ltd

$433,300.00

Ally Property Services Pty Ltd trading as Ally Civil

$554,163.76

ALPALL P/L Builder

$707,000.00

Company

Tendered Price (ex GST).

AUSCORP Constructions Pty Ltd

$249,900.00

ADR Group Pty Ltd

$294,913.00

SFS Projects Australia Pty Ltd

$359,944.00

Artel Constructions PL

$375,000.00

Westco Building Consultants Pty Ltd

$384,850.00

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 13/14-07 –Construction Work for Amenities Block at Blair Oval, St Marys be received.

2.     The tender for the construction works to BMX/Athletics Amenities for the amount of $249,900.00 (ex GST) from AUSCORP Constructions Pty Ltd be accepted.

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

5

Floodplain Management Association 54th Annual Conference - 20 to 23 May 2014   

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Provide a strategic framework to manage floodplains and inform land use policy

RECOMMENDATION

That:

1.     The information contained in the report on Floodplain Management Association 54th Annual Conference - 20 to 23 May 2014 be received.

2.     Council nominate delegates to the 2014 Floodplain Management Association Conference and Workshops to be held at Deniliquin from 20 May 2014 to 23 May 2014.