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 - 30 September 2013

278  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 30 September 2013 be confirmed.

SUSPENSION OF STANDING ORDERS

279  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:42 pm.

280  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that an extension of time be granted to enable the speaker to complete her address, the time being 7:48 pm.

281  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch that an extension of time be granted to enable the speaker to complete his address, the time being 7:55 pm.

282  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that an extension of time be granted to enable the speaker to complete her address, the time being 8:19 pm.

RESUMPTION OF STANDING ORDERS

283  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Ben Goldfinch that Standing Orders be resumed, the time being 8:23 pm.

1        Report and Recommendations of the Local Traffic Committee Meeting held on the 14 October 2013.                                                                                                                     

284  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 14 October, 2013 be adopted.

2        Report and Recommendations of the Policy Review Committee Meeting held on 14 October 2013                                                                                                                                     

285  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow OAM 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                                                   

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

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.

4.       A letter be sent to the Minister for Housing and the Member for Penrith                         expressing Council’s concerns regarding the previous management of the                          property and seeking effective management of this property in future.

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

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

287  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

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.

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

3        Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2013-14

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

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

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

289  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM

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  

290  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch

That:

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

2.     Councillors Greg Davies, Jackie Greenow OAM, Jim Aitken OAM, Kevin Crameri OAM and Michelle Tormey, and any other interested and available Councillors, be Council’s delegates to the 2014 Floodplain Management Association Conference and Workshops to be held at Deniliquin from 20 May 2014 to 23 May 2014.

3.     Leave of absence be granted to those Councillors attending the Conference from 20 May 2014 to 23 May 2014 inclusive.

6        Audit Committee                                                                                                                

291  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

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

2.     Council endorse the revised Charter of Internal Audit.

7        2012-13 Financial Statements                                                                                           

292  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the information contained in the report on 2012-13 Financial Statements be received.

8        Pecuniary Interest Returns                                                                                               

293  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the information contained in the report on Pecuniary Interest Returns be received.

9        Summary of Investments & Banking and the Agency Collection Methods for the period 1 September to 30 September 2013                                                                                     

294  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Summary of Investments & Banking and the Agency Collection Methods for the period 1 September to 30 September 2013.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2013 to 30 September 2013 be noted and accepted.

3.     The graphical investment analysis as at 30 September 2013 be noted.

4.     The Agency Collection Methods as at 30 September 2013 be noted.

RR 1          Overhanging Trees - Emu Heights                                                                         

Councillor Marcus Cornish requested a memo reply to all Councillors regarding the trimming of overhanging trees in Palomino Road and Annie Spence Close, Emu Heights.

RR 2          Emergency Road Link - Emu Heights                                                                   

Councillor Marcus Cornish requested a report to Council investigating the cost of providing an emergency road link between Emu Heights and Mt Riverview (also including Yellow Rock), continuing Emu Plains Road to Riverside Road, Emu Heights, or similar options.

RR 3          Reserve Street Carpark, Penrith                                                                            

Councillor Marcus Cornish requested a memo reply to all Councillors detailing the cost of sealing and line marking the Reserve Street carpark in Penrith, including how many cars could be accommodated.  In addition, providing information as to the future use and sale of the property.

RR 4          Regional Tennis Centre                                                                                           

Councillor Bernard Bratusa requested a memo reply to all Councillors providing an update on the status of the Regional Tennis Centre, in particular where it is likely to be located.

RR 5          Graffiti - Victoria Bridge                                                                                         

Councillor Bernard Bratusa requested a memo reply to all Councillors concerning action taken to remove graffiti from the pylons of Victoria Bridge.

RR 6          Great River Walk Signage                                                                                       

Councillor Bernard Bratusa requested a memo reply to all Councillors concerning graffiti on the signage for the Great River Walk.

RR 7          Access to Commuter Car Park, Penrith Railway Station                                    

Councillor Bernard Bratusa requested a memo reply to all Councillors concerning multiple breaches of temporary access directions to the commuter car park in North Penrith.

RR 8          Fernhill Development                                                                                               

Councillor Jim Aitken OAM requested a memo reply to all Councillors in response to a number of questions raised by a constituent with regard to the Fernhill development at Mulgoa.

RR 9          Carpark at Nepean Hospital                                                                                   

Councillor Jackie Greenow OAM requested a memo reply to all Councillors providing a status report on what improvement has been made on parking issues in the vicinity of Nepean Hospital, since the new carpark at the Hospital has become operational.

RR 10        Proposed Football Team for South Creek                                                             

Councillor John Thain requested a memo reply to all Councillors regarding support for the establishment of a new football team for South Creek.  Councillor Thain requested that the Access Committee and other disability groups in the Penrith LGA be contacted, seeking their support.

RR 11        Proposed Wheelchair Rugby League Club                                                           

Councillor John Thain requested a memo reply to all Councillors with regard to the possibility of establishing a Wheelchair Rugby League Club in the Penrith area, and requesting the use of the Mayoral Column and Penrith City Council social media, as well as contacting relevant disability organisations to assist in promotion of this proposal.

RR 12        Carer Car                                                                                                                 

Councillor Greg Davies requested a memo reply regarding the purchase of a table for Councillors to attend the fundraising function at Penrith Paceway on the evening of Thursday, 24 October 2013.

RR 13        Additional Waste Collection during Christmas Period 2013-2014                      

Councillor Marcus Cornish requested a memo reply on the status of his request for additional waste collection days during the Christmas Period 2013-2014.

RR 14        School Pedestrian Crossing Flags                                                                           

Councillor Prue Car requested a memo reply to all Councillors regarding the process required of local schools to put flags on school pedestrian crossings, and in particular, to address whether school principals are being required to put the flags out themselves.

2        Penrith Lakes                                                                                                                     

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies

CW2 That the information regarding Penrith Lakes be received and noted.

RECOMMENDATION

That the Mayoral Minute on The passing of Warren Pinfold be received.

RECOMMENDATION

That the Mayoral Minute on Typhoon Haiyan assistance be received.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 August 2013

The minutes of the Access Committee Meeting of 14 August 2013 were confirmed.

4        Update on Penrith City Website Accessibility                                                                 

Graham Pares spoke to his report regarding an Accessibility Audit Priority plan to upgrade Council’s website to Web Content Accessibility Guidelines (WCAG) 2.0. The audit was carried out on 25 sample pages of the website to look at content, colour schemes, text alternatives for images, keyboard accessibility and navigation.

Councillor Michelle Tormey arrived at the meeting at 5.25pm.

Graham Pares advised a priority plan has been developed to achieve compliance.  This plan includes a process to bring through changes needed including use of colour and content design.  Training will be organised for the 47 content providers in the organisation. 

Graham Pares acknowledged the support of Access iQ during the audit process and advised that the majority of the upgrade work on the website should be completed by December.

David Currie acknowledged that the new website is a great improvement on the old one – it is clear and things are easier to find.  Michael Morris said it was nice the website is accessible through Chrome.

Graham Pares advised that upgrades to the website CMS will improve access to the website from the most used mobile devices.

Colin Wood arrived at the meeting at 5.30pm.

RECOMMENDED

That the information contained in the report on Update on Penrith City Website Accessibility be received.

1        Development Applications referred to Access Committee                                             

DA13/0963        Community Facility – Village 4 Park Jordan Springs

Gavin Cherry introduced the development application for Village 4 Park at Jordan Springs.  The site is relatively flat, contains accessible connecting ramps and a children’s play area.

Issues discussed by the Committee included:

·    Accessible picnic tables – suggestion to vary the height

·    Incidental seating

·    Seats with arms

·    The size of the trees

·    Seating along the pathway

·    Location of pathways

·    Inclusive play space – wheelchair friendly, side by side pathways, accessible design principles

·    Barbecue area provision

·    Stormwater implications on sandstone wall

·    Part of the sandstone wall to be removed - people with disabilities could find it difficult to sit on – sections in such a way so that seating top extends – varied heights because some people prefer higher seating if they have ambulatory difficulties

·    Visibility of children.

DA13/0978        Active Open Space Area Glenmore Park Stage 2

Kate Smith advised that the development application is for the southern playing fields, two playgrounds and earthworks within Precinct D of Glenmore Park Stage 2.

This application includes two full size rugby fields with a cricket pitch as well as pedestrian bridge. There are two play areas – a major playground to the north-west corner of the development area and a small one to the southern portion of the site.  Carparking and some perimeter paths have already been constructed as part of the subdivision.

Issues discussed by the Committee included:

·    Play areas to be accessible and invite inclusive play

·    Separation/segregation of play spaces not conducive to family groups

·    Play area located near the roadway

·    Accessible parking

·    Operating arrangements for amenities

·    Timeframe for play area and clubhouse construction

·    Location of parking to playground.

Michael Morris stated that all the same considerations that applied to the first DA apply equally to this one.

Councillor Prue Car requested a memo come back to the Access Committee regarding the use of the amenities building, the location of the accessible parking to the playground equipment and the fencing around the sporting fields.

RECOMMENDED

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

2        Trial Triangle Park - Make My Park Pop                                                                      

Michael Jackson presented the report regarding the Pop Up Triangle Park.

Issues discussed by the Committee included:

·    Lack of accessibility to proposed park design elements

·    Variety of seating – benches with armrests, different heights, seating with backs

·    Path of travel

·    Path of orientation for people with a visual difficulty

·    The colour of the concrete blocks

·    Keeping things as level as possible

·    TGSIs and changes in texture.

Michael Jackson advised that a design workshop was held on 19 September 2013. He requested feedback from the Access Committee and advised that modifications to the park will continue to be made.

Councillor Marcus Cornish expressed concern about the issue of all traffic now going through Riley Street which could cause congestion in this area.

Michael Jackson advised that the purpose of the trial period which was requested by Councillors was to evaluate whether the economic benefit to the retailers at this end of the Penrith CBD outweighed any potential traffic problems if they did occur. Detailed traffic modelling had predicted only very minimal traffic impact.

Erich Weller advised that various measures would be used to assess the success of the park including a community survey, the traffic outcome and the view of the local businesses.

It was agreed a time and date would be arranged for Access Committee members to visit the park. The details of the visit will be emailed out to members.

Michael Jackson advised the park could be adjusted and improved during the trial period with input from the Access Committee and if the trial was deemed successful, the permanent park design would also build upon the learnings from the trial. Feedback throughout the trial period is important and all Committee members were encouraged to provide feedback themselves and encourage their contacts to provide feedback throughout the 12 months.

RECOMMENDED

That the information contained in the report on Trial Triangle Park - Make My Park Pop be received.

3        All Welcome Project - Current Status                                                                             

Robyn Brookes provided an update on the status of the All Welcome Project in Penrith.  The connection between the previous presentation and the All Welcome Project was acknowledged.

The need to improve access to business in the Penrith CBD was highlighted in the Penrith Inclusion Plan.  To date only one business has made changes to facilitate easier access to their premises.

The Penrith City Centre Public Domain Masterplan has adopted access principles and references the All Welcome Project.

Issues discussed by the Committee included:

·    Engagement of businesses adjacent to the Pop Up Park as part of the activation plan

·    Acknowledgement of Gai Hawthorn’s role as CEO of the Penrith CBD Association

·    Strengthening relationship with owners of the buildings

·    Disability Standards Review in 2015

·    Sticker to promote accessibility

·    Accessibility draws business turnover to a property, increases the value, promotes social inclusiveness.

Erich Weller advised that discussions will continue to be held with businesses, including those adjacent to the “pop up park”, as well as continue to engage with the CBD Corporation and see what opportunities there are for access improvements.  If there is progress this information will be brought back to the Committee.

RECOMMENDED

That the information contained in the report on All Welcome Project - Current Status be received.

GB 1           Plans for Development Applications

Councillor Jackie Greenow OAM opened up discussion regarding the plans for development applications to be presented at Access Committee meetings.

Suggestions made by Committee members included:

·    Plans to be shown on the screen at the meeting

·    A3 plans to be sent out to members

·    A broader location map would be useful

·    Colour maps are beneficial

·    Officers to spend time introducing the applications.

GB 2          Carers Event                                                                                                             

A celebration for Carers Week will be held on 18 October 2013 when 15 carers on five Harley Davidson trikes will ride from St Marys into Penrith, stopping at Council before driving back to St Marys Band Club.  NADO is the lead agency for this event.

GB 3          Inclusive Play Space Design                                                                                    

RECOMMENDED

That the Access Committee request Council to develop a policy setting out requirements for inclusive play space design to be incorporated into all applications for new and/or redeveloped public play recreation spaces.

GB 4          Shared Pathway behind Melrose Hall, Emu Plains                                              

Councillor Marcus Cornish advised that a section of the shared pathway behind Melrose Hall was being upgraded and would be a flat usable area for about a kilometre. Completion of construction of this 1.5m wide pathway is dependent on funding.

GB 5          Trip Hazard at Thornton Park, Thornton                                                            

Emma Husar advised of a trip hazard at a site recently constructed in Thornton Park. There is 1.5m of concrete pathway and then a grated drain. Between the drain and the concrete there is a gap. There is also a surface change where the concrete ends.

Erich Weller undertook to send a memo to Emma Husar on the recommended process for dealing with Council requests and complaints.

GB 6          Telstra Pits, Werrington                                                                                          

Hans Meijer advised that five Telstra pits on the highway near McDonalds at Werrington will be adjusted in the next week and the shared path at this location completed.

GB 7          Access Maps                                                                                                              

Ben Felten advised that the access maps had been handed out to Committee members.  The posters will be placed at the Tourist Information Centre, St Marys Business Centre, St Marys Corner, the foyer at Council between the Library and the airlock plus in the Community Connections Building.

GB 8          International Day of People with Disability                                                           

Joe Ibbitson advised of the International Day of People with Disability (IDPwD) event to be held in partnership with the Companion Card of National Disability Service on 28 November 2013.  The event will be held at Panthers and it is hoped to include some of the light and sound installations from the No Boundaries event.  The No Boundaries art group that operates in the Penrith Citizens Youth Centre (PCYC) will also be involved.

GB 9          No Boundaries Booklet                                                                                            

Joe Ibbitson handed out the No Boundaries booklet with a DVD on the back page.  The launch of the booklet will be held on Tuesday 5 November 2013 in the Library lower lounge area.  Erich Weller advised that an email would be sent to Access Committee members with the date and details of this event.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 October, 2013 be adopted.

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Councillor Marcus Cornish, and Michael Alderton – Road Network Services Engineer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 14 October 2013

The minutes of the Local Traffic Committee Meeting of 14 October 2013 were confirmed.

1        Phillip Street, St Marys - Proposed Amendment to Parking Restrictions                    

RECOMMENDED

That:

1.     The information contained in the report on Phillip Street, St Marys - Proposed Amendment to Parking Restrictions be received.

2.     The existing “No Stopping” restrictions on the north-eastern side of the pedestrian facility on Phillip Street, St Marys, be reduced to 7.5m.

3.     14m of “1P 8:30am-6pm Mon-Fri, 8:30am-12:30pm Sat” restricted parking be installed adjacent to the new “No Stopping” restrictions in Phillip Street, St Marys.

2        Botany Lane, St Clair - Proposed Changes to Public Car Park                                   

RECOMMENDED

That:

1.     The information contained in the report on Botany Lane, St Clair - Proposed Changes to Public Car Park be received.

2.     “3P 8:30am-6pm Mon-Fri” parking restrictions be implemented for 23 spaces in the St Clair Leisure Centre off-street car park.

3.     A “Conditions of Entry” sign be installed at the entrance to the St Clair Leisure Centre car park, in Botany Lane, St Clair.

4.     All costs associated with supply and installation of new signage be funded by Council’s Recreation Department.

5.     Council’s Recreation Department be notified of Council’s resolution.

6.     Council’s Rangers be notified of Council’s resolution.

3        Swanston Street, St Marys - Proposed Changes to Parking Restrictions                     

RECOMMENDED

That:

1.     The information contained in the report on Swanston Street, St Marys - Proposed Changes to Parking Restrictions be received.

2.     The existing 65m of part-time “No Parking” (school days) on Swanston Street, St Marys, fronting the former Our Lady of the Rosary School campus, be changed to unrestricted parking.

3.     Mrs Tanya Davies MP Member for Mulgoa, and Our Lady of the Rosary Catholic Church be notified of Council’s resolution.

4        Hobart Street & Glossop Street, St Marys - Median Island Stop Treatment Design Plan Endorsement                                                                                                                      

RECOMMENDED

That:

1.     The information contained in the report on Hobart Street & Glossop Street, St Marys - Median Island Stop Treatment Design Plan Endorsement be received.

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

3.     Subject to no substantial objections from the consultation process, Design Plan AG 144 (dated 22/10/13) for a Median Island Stop Treatment (MIST) at the intersection of Hobart Street and Glossop Street, St Marys be endorsed for construction.

4.     A lighting assessment be conducted.

5        Australia Day Event - Sunday 26 January 2014                                                             

RECOMMENDED

That:

1.     The information contained in the report on Australia Day Event - Sunday 26 January 2014  be received.

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

3.     A Transport Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

4.     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.

5.     The event applicant provide confirmation of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.

6.     A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall include details of the proposed speed reduction on Old Castlereagh Road.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

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

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

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

10.   The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.

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

12.   Where provided, Variable Message Sign boards be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

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

6        Penrith Local Government Area - Installation of "School Zone" Flashing Lights      

RECOMMENDED

That:

1.     The information contained in the report on Penrith Local Government Area - Installation of "School Zone" Flashing Lights be received.

2.     Council note the information.

7        Roper Road, Colyton - Roads & Maritime Services' Proposed Extension of Right-turn Bay                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Roper Road, Colyton - Roads & Maritime Services' Proposed Extension of Right-turn Bay be received.

2.     The Committee note the information.

8        Lockwood Road, Erskine Park - 25/26m B-Double Route Application                       

RECOMMENDED

That:

1.     The information contained in the report on Lockwood Road, Erskine Park - 25/26m B-Double Route Application be received.

2.     Lockwood Road, Erskine Park, from the Staples Advantage Warehouse facility to the eastern cul-de-sac end of Lockwood Road, be approved for 25/26m B-double use.

3.     The Roads and Maritime Services be advised of this matter accordingly, and be requested to publish a notice in the Government Gazette in accordance with the “Route Assessment Guidelines for B-Doubles and Road Trains”, indicating approval to use the aforementioned road as a 25/26m B-double routes.

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

GB 1          Collins Street, St Marys – Request to Review Pedestrian Crossing Facility  (Raised Council)    

Council’s Senior Traffic Engineer advised that the existing pedestrian crossing fronting the former Our Lady of the Rosary campus in Collins Street, St Marys, be reviewed and a report be submitted to the Local Traffic Committee for consideration.  A warrant and compliance audit of the crossing is to be undertaken, having regard to any future use of the redundant campus site.

RECOMMENDED

That a report be submitted to the Local Traffic Committee for consideration following investigation of the existing pedestrian crossing in Collins Street, St Marys.

GB 2          Bringelly Road, Kingswood – Request for Provision of Pavement Turning Arrows  (Raised St Marys Police Representative)                                                                                      

The St Marys Police representative referred to an item raised in June 2012, requesting the provision of pavement turning arrows on Bringelly Road, Kingswood, to address the issue of drivers turning right from the left lane at the signalised intersection with Great Western Highway.

Council’s Senior Traffic Engineer advised that this matter had been referred to the Roads and Maritime Services for their investigation in July 2012, and the RMS representative at the meeting advised that the matter had been referred to the RMS policy guidelines officer, who had not approved the request.

RECOMMENDED

That the Roads and Maritime Services be requested to review the decision not to implement pavement turning arrows on Bringelly Road (at Great Western Highway) and advise Council and the Police of the outcome.

GB 3          Russell Street, Emu Plains – Truck Parking  (Raised Penrith Police Representative)   

The Penrith Police representative raised concerns about trucks being parked in the “No Stopping” zone and across driveways on the eastern side of Russell Street, Emu Plains, near McDonalds, Red Rooster and the 7-Eleven service station.  The Police representative asked whether delineation could be improved at the “No Stopping” zone at this location, by way of narrowing the parking lane width and introducing an edge line/chevron treatment, or similar, to discourage parking.

RECOMMENDED

That the matter be investigated.

RECOMMENDATION

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

APOLOGIES

Apologies were received for Councillors Tricia Hitchen, Bernard Bratusa and Prue Car.

Leave of Absence was granted to Councillor Kevin Crameri OAM for 11  November 2013.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 October 2013

The minutes of the Policy Review Committee Meeting of 14 October 2013 were confirmed.

An extension of time was granted to enable the speaker to complete her address, the time being 7:18 pm.

An extension of time was granted to enable the speaker to complete his address, the time being 7:31pm.

Procedural Motion

The meeting adjourned until 8:45pm to enable discussion of the matters before the Council.

RECOMMENDED that the recommendations relating to Chapters A1-A4 as detailed in Attachment 5 be endorsed.

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

RECOMMENDED that the recommendation relating to Chapter B1 as detailed in Attachment 5 be endorsed.

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

RECOMMENDED that the recommendation relating to Chapter B2 as detailed in Attachment 5 be amended to read that:

a.              Amend the zone boundaries of Glossop Street Precinct to limit the area to be zoned R4 High Density Residential to the west of Glossop Street and to the north of Chapel Street.

b.              That the land to the east of Glossop Street and south of Chapel Street be zoned R3 Medium Density Residential with a maximum building height of 8.5 metres. 

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

RECOMMENDED that the recommendations relating to Chapters B3,B4 & B5 as detailed in Attachment 5 be endorsed.

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

RECOMMENDED that the recommendation relating to Chapter C37 as detailed in Attachment 5 be deferred until the next Ordinary Council meeting to allow for further examination and discussion.

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

RECOMMENDED that the recommendation relating to Chapter C39 be amended to read:

That the B2 Local Centre zone be applied to Lot 2 Dunheved Road, Werrington County (Lot 2 DP 616032) and the RE1 Public Recreation zone be applied to 2 John Oxley Avenue, Werrington County (Lot 141 DP 245373 and Lot 10 DP 778605).

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

RECOMMENDED that the recommendation relating to Chapter C43 as detailed in Attachment 5 be deferred until the next Ordinary Council meeting to allow for further examination and discussion.

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

RECOMMENDED that the recommendations relating to Chapters C1- C48 (Excluding Chapters C37, C39 and C43) as detailed in Attachment 5 be endorsed.

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

RECOMMENDED that the recommendations relating to Chapters D1-D34 as detailed in Attachment 5 be endorsed.

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

1        Planning Proposal for Penrith Local Environmental Plan - Outcomes of Public Exhibition                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Planning Proposal for Penrith Local Environmental Plan - Outcomes of Public Exhibition be received.

2.     Council endorse the Planning Proposal for Penrith Local Environmental Plan, as attached (Attachment 1 provided separately to Councillors and available on Council’s website), amended in accordance:

a.   Attachment 2 (Post Exhibition Changes to the Planning Proposal covering document for Penrith LEP) (excluding Chapters C37 & C43);

b.   Attachment 3 (Post Exhibition Changes to the draft Local Environmental Plan statutory instrument) (excluding Chapters C37 & C43); and

c.   Attachment 4 (Post Exhibition Changes to the Local Environmental Plan Maps) (excluding Chapters C37& C43);

d.   The recommendations of each Chapter in Attachment 5 (excluding Chapters B2, C37, C39 & C43).

3.     The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal for Penrith Local Environmental Plan before submitting it to the Minister for Planning and Infrastructure.

4.     Council endorse the Planning Proposal for Penrith Local Environmental Plan to be forwarded to the Minister for Planning and Infrastructure with a request that the Minister consider the changes made to the Planning Proposal in response to the public exhibition, and make a determination as to whether the Planning Proposal is to be re-exhibited in accordance with s58 of the Environmental Planning and Assessment Act 1979.

5.       The Minister be requested to make the plan in accordance with the Environmental Planning and Assessment Act 1979, should he determine that re-exhibition is not required.

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

RECOMMENDED that that the press and public be excluded from the meeting to deal with the following matter the time being 9:28pm.

2        Fernhill and Property Investor Article                                                                            

RECOMMENDED

CW2 That the information on the Fernhill and Property Investor Article be received.

RECOMMENDATION

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

APOLOGIES

Apologies were accepted from Councillors Bernard Bratusa and Michelle Tormey for their non-attendance at the meeting.

3        St Marys Town Centre Corporation Triennial Business Plan

Place Manager, Jeni Pollard introduced the report and invited Steve Perry, Chairperson of the St Marys Town Centre Limited to give a presentation.                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on St Marys Town Centre Corporation Triennial Business Plan be received.

2.     Council write to the St Marys Town Centre Limited advising that Council supports is draft Triennial Business Plan.

3.     The Council Seal be affixed to the Deed of Agreement referred to in this report.

1        Penrith City Children's Services Cooperative Ltd

Children’ Services Manager, Janet Keegan introduced the report and invited Max Friend, Chairperson of Penrith City Children’s Services Cooperative Ltd to give a presentation.

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Children's Services Cooperative Ltd  be received.

2.     Council agree to underwrite the operation of Penrith City Children’s Services Cooperative Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2013-14.

3.     The Penrith City Children’s Services Cooperative Ltd undertake a survey on the effectiveness of the current tender for child care consumables, and provide a report on the outcomes of this survey to a future Policy Review Committee meeting.

6        Penrith Aquatic & Leisure Limited (Formerly known as City of Penrith Regional Indoor Aquatic & Recreation Centre Ltd) - Annual Report and Board of Directors

Executive Manager – Environment and City Development, Wayne Mitchell introduced the report and spoke on behalf of Alan Brown, Chairman of Penrith Aquatic and Leisure Limited, who was unable to attend the meeting, and then invited Greg Crawford, General Manager of Ripples to give a presentation.               

RECOMMENDED

That:

1.     The information contained in the report on Penrith Aquatic & Leisure Limited (Formerly known as City of Penrith Regional Indoor Aquatic & Recreation Centre Ltd) - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operations of the Penrith Aquatic & Leisure Limited for 30 months from 1 July 2013.

2        Penrith City Centre - Car Parking Rates

Development Services Manager, Paul Lemm introduced the report.

Councillor John Thain left the meeting, the time being 8:20pm.

Councillor John Thain returned to the meeting, the time being 8:21pm.

Councillor Mark Davies left the meeting, the time being 8:25pm.                                               

RECOMMENDED

That:

1.   The information contained in the report on Penrith City Centre - Car Parking Rates be received.

2.   Council adopt a minimum commercial parking space rate of 1 space per 100m² Gross Floor Area (GFA) as an interim policy until such time as a new parking rate is adopted in a new DCP and removed from the current LEP.

4        Queen Street, St Marys Streetscape Improvement Plan

Major Projects Manager, Michael Jackson introduced the report.

Councillor Karen McKeown left the meeting, the time being 8:27pm.

Councillor Karen McKeown returned to the meeting, the time being 8:30pm.                            

RECOMMENDED

That:

1.     The information contained in the report on Queen Street, St Marys Streetscape Improvement Plan be received.

2.     The Final Queen Street Streetscape Improvement Plan be endorsed for the staged implementation of works,

3.     The first project implemented is to be the Pedestrian lighting scheme.

5        Our River

Major Projects Manager, Michael Jackson introduced the report.

Councillor Greg Davies left the meeting, the time being 8:35pm.

Councillor Greg Davies returned to the meeting, the time being 8:40pm.

RECOMMENDED

That:

1.     The information contained in the report on Our River be received.

2.     The Final ‘Our River’ Nepean River Master Plan be endorsed for the staged implementation of works.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 18 November, 2013 be adopted.

1

Penrith Business Alliance (PBA) 2012-13 Financial Report   

Outcome

We can work close to home

Strategy

Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors

Service Activity

Build on our partnerships and alliances to achieve shared aspirations for the City's future

RECOMMENDATION

That the information contained in the report on Penrith Business Alliance (PBA) 2012-13 Financial Report be received.

1. View

PBA Financial Report 2013

21 Pages

Attachment

2

Tender Reference 13/14-01 Provision of Ground and Lawn Maintenance Services   

Outcome

We can work close to home

Strategy

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

Service Activity

Deliver high quality children's services

Tenderer

Location of the business

Owners/Directors

Acland Group Pty Ltd

432 Rooty Hill Road North Oakhurst NSW 2761

Scott Acland

All Season Landscapes Pty Ltd

10 Burrells Road Menangle NSW 2568

Warren J. Linden

Australian Environmental Services Pty Ltd

Suite 6, 249 Annangrove Road Annangrove NSW 2156

Jodi Middlemiss

Complete Building Management Group Pty Ltd

PO Box 857 Concord NSW 2137

Caine Kelly (NSW)

Jay Costello (QLD)

GJ Leadbeatter and K Leadbeatter

20 Warriewood Street Woodbine NSW 2560

Glenn & Karol Leadbeatter

Hasadu Services Pty Ltd ATF The Jims Mowing Sydney Unit Trust

16/10 Gladstone Road Castle Hill NSW 2154

Peter Christian Hansen

J and JJ Developments Pty Ltd

13 Hampshire Court Cherrybrook NSW 2126

Jonathan Saad

Jims Mowing South Penrith

PO BOX 364 Kingswood NSW 2747

Andrew Larkham

Leabro Pty Ltd T/As Blades Property Maintenance

19 Grey Street Emu Plains NSW 2750

Lea Maloney

Newleaf Community Renewal

1 Wall Place Corner Tarlington Parade Bonnyrigg NSW 2177

Craig Sutherland Spotless BM/NCR Director

Richard Spencer BM/NCR BM/NCR Chair

Peter Williamson BM/NCR GM

Geoff Barnsley Spotless BM/NCR Director

William Jeffels Spotless BM/NCR Director

Skyline Landscape Services Pty Ltd

20 Anvil Road Seven Hills NSW 2147

Chris & Colin Richardson

Star Property Maintenance NSW Pty Ltd

6 Twenty Seventh Avenue West Hoxton NSW 2171

Fathi & Steven Khalil

TLC Indoor Gardens Pty Ltd

603-613 Londonderry Road Londonderry NSW 2753

Sheridan and Shane McCue

VIP Home Services - Lawns and Gardens

3 Cofton Court Werrington County NSW 2747

Darren James & Melissa Ann Dengate

Waratah Lawncare and Garden Management

20/65 Marigold Street Revesby NSW 2212

Geoff Timpson

Company

Tendered Price (ex GST).

TLC Indoor Gardens Pty Ltd

 $48,734.38

Complete Building Management Group Pty Ltd

 $61,880.00

Star Property Maintenance NSW Pty Ltd

 $81,780.00

Acland Group Pty Ltd

 $82,275.75

GJ Leadbeatter and K Leadbeatter

 $87,510.26

Australian Environmental Services Pty Ltd

 $102,480.00

Newleaf Community Renewal

 $115,386.00

JandJJ Developments Pty Ltd

 $122,400.00

Waratah Lawncare and Garden Management

 $149,197.50

All Season Landscapes Pty Ltd

 $197,110.00

Jims Mowing South Penrith

 $200,170.00

Leabro Pty Ltd T/As Blades Property Maintenance

 $226,800.00

Skyline Landscape Services Pty Ltd

 $327,420.00

VIP Home Services - Lawns and Gardens

 $356,824.00

Hasadu Services Pty Ltd ATF The Jims Mowing Sydney Unit Trust

 $406,198.00

Company

Tendered Price (ex GST)

Allocated Annual Staff Hours to Complete tasks

TLC Indoor Gardens Pty Ltd

 $48,734.38

1,238

Complete Building Management Group Pty Ltd

 $61,880.00

3,063

Star Property Maintenance NSW Pty Ltd

 $81,780.00

2,336

Acland Group Pty Ltd

 $82,275.75

2006

GJ Leadbeatter and K Leadbeatter

 $87,510.26

1,988

Australian Environmental Services Pty Ltd

 $102,480.00

1,863

Newleaf Community Renewal

 $115,386.00

2,508

JandJJ Developments Pty Ltd

 $122,400.00

2,720

Waratah Lawncare and Garden Management

 $149,197.50

2,712

All Season Landscapes Pty Ltd

 $197,110.00

1,576

Jims Mowing South Penrith

 $200,170.00

1,819

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 13/14-01 Provision of Ground and Lawn Maintenance Services be received.

2.     Newleaf Community Renewal be awarded the contract for an annual amount of $115,386.00 ex GST for the Provision of Ground & Lawn Maintenance Services.

3

Heritage Assistance Fund 2013 – 2014   

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Facilitate quality development that contributes to a growing regional City

1.

Ronald Haydon - 26-28 Nepean Street EMU PLAINS

Yodalla House & Garden

Replacement of 3 window frames and 3 lengths of timber flooring

$905.30

$453

  2.

Emu Plains Uniting Church -  5-7 Emerald Street EMU PLAINS

Uniting Church

Paint, repair broken windows, replace door hinges, stonemason repointing, replace mortar

$13,014.90

$5,000

  3.

Luddenham Progress Association - 3091 The Northern Road LUDDENHAM

Luddenham Progress Hall

Painting and replacement of awning

$17,300

$5,000

  4.

Jason Daley - 32 Nixon

 Street EMU PLAINS

Yamba - cottage

Roof maintenance and replacement

$12,000

$5,000

  5.

Matthew Snelson - 299-311 Great Western Highway ST MARYS

St Mary Magdalene Church, Cemetery, Hall & Grounds

Conservation Management Plan

$4,750

$2,375

TOTAL

$17,828

RECOMMENDATION

That:

1.     The information contained in the report on Heritage Assistance Fund 2013 – 2014 be received.

2.     The successful applicants for the 2013/2014 Heritage Assistance Fund outlined be endorsed by Council and advised accordingly.

3.     The unsuccessful applicants for the 2013/2014 Heritage Assistance Fund outlined be advised accordingly.

1. View

Heritage Assistance Matrix 2013 - 2014

2 Pages

Appendix

4

Development Application DA13/0009 Proposed Child Care Centre at Lot 1 DP 1047731 (No. 9-11) Glenbrook Street, Jamisontown  Applicant:  PGH Environmental Planning;  Owner:  Planloc Pty Ltd    

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

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA13/0009 Proposed Child Care Centre at Lot 1 DP 1047731 (No. 9-11) Glenbrook Street, Jamisontown be received.

2.     Development Application No. 12/0892 for alterations and additions to an existing dwelling , and the construction of a new dwelling to create a dual occupancy, be approved subject to the following conditions:

Standard Conditions

3.1    A001 - Approved plans that are architecturally drawn

A012 – Food Premises

A019 – Occupation Certificate

A021 – Business Registration

A026 – Advertising Sign

A038 – Lighting Locations

A039 – Graffiti

A046 – Construction Certificate

B002 – Demolition Disposal

B003 – Asbestos

B005 – Mud/soil

B006 – Hours of Work

D001 – Sediment & Erosion Control

D005 – No fill

D06A - Earthworks

D009 – Covering Waste Storage Area

D010 – Disposal of Waste

D014 –

E01A – BCA Compliance

E006 – Disabled Access & Facilities

E008 – Fire Safety List

E009 – Annual Fire Safety Statement

F001 – Food Premises Construction & Plans

G002 – Section 73 Certificate

G004 – Integral Energy

H001 – Stamped Plans & Site Notice

H002 – Construction

H005 – Revised Waste Management Plan

H019 – Old Materials

H024 – Glass Installations

H032 – Painting

H041 –

L001 – General Landscaping

L002 – Landscape Construction

L003 – Category 2 Landscape Report

L005 – Planting of Plant Material

L006 – Australian Standard Landscape Standard

L008 – Tree Preservation Order

Q001 – Notice of Commencement & Appointment of PCA

Q006 – Occupation Certificate

Special Conditions

                             Existing Signage

                             3.2     The existing signage located along the western elevation of the                                           building is to be removed as a part of the alterations to the building.

                             Dust

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

                             Food Premises

                             3.4     Prior to the operation of the food business the business must notify                                    the NSW Food Authority of their details including:

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

                                b)      The nature of the food business.

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

Should these details change during the operation of the business the business operator must provide the NSW Food Authority with an update of these details.

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

                             3.5     A Food Safety Supervisor, with a current Food Safety                                                        Supervisor Certificate recognised    by the NSW Food                                                        Authority, must be appointed by the business prior to                                                   commencement of the business.

                             3.6     The proprietor of the food business shall ensure that the                                                      requirements of the NSW Food Act 2003, NSW Food                                                        Regulation 2010 and the Australian and New Zealand Food                                             Standards Code are met at all times.

                             3.7     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.

                             Noise

                             3.8     The use of the Childcare Centre is permitted to operate Monday to                          Friday 7:00am and 7:00pm. 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 7:00am.  Deliveries, waste removal                         and cleaning is to occur between 7:00am and 7:00pm Monday to                              Friday, excluding public holidays.

                             3.9     A maximum of one hundred and eight (108) children are permitted in                      the centre at any one time.

                             3.10   The use of the outdoor play areas associated with the Childcare                                          Centre are permitted to be used for a maximum period of 2 hours per                                day between the hours of 7am and 6pm.

§              A maximum of:

·      Thirty eight (38) children aged between 0-2 years are allowed to play outside in the play area adjoining residences facing Kay Close.

·      Seventy (70) children aged between 2-5 years are allowed to play outside in the play area adjacent to Glenbrook Street.

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

Prior to the issue of Construction Certificate, a Management Plan is to be submitted for Council’s consideration outlining the hours of use of the outdoor play areas.

                             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 Acoustic Report prepared by Rodney Stevens                          Acoustics (ref 13012 dated Feb 2013.  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. 

                             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.

                            3.13   A noise barrier is to be provided along boundaries as recommended in                     the acoustic report entitled Acoustic Report prepared by Rodney                         Stevens Acoustics (ref 13012 dated Feb 2013).

                                      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.

                             3.14   The finishes and colours of the acoustic fence are to complement                              those of the building and adjoining development.  Details are to be                          included with the plans and specifications submitted prior to the                           issue of a Construction Certificate.

                             3.15   The setback of the acoustic fence from the property boundaries to be                        increased so as to provide for additional screen landscaping forward                        of the acoustic fence.  A minimum 500mm setback, with 1.5metre                        insets, is to be provided along the Glenbrook Street frontage of the                        site.  A minimum 500mm setback is to be provided along the western                          boundary (adjoining the Red Rooster site). 

                                      A revised landscape plan is to be submitted to Council is this regard                         detailing the location, type and number of proposed plantings between                              the acoustic fence and the property boundaries, and including details                        of landscape maintenance.  The revised acoustic fence details,                                      together with the revised landscape plan, is to be submitted to Council                       for approval prior to the issue of a Construction Certificate.

                             3.16   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 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:

−       how the restriction on the number of children playing outside  will be managed

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

·        address the relevant conditions of this consent; and

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

·        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.

                             3.17   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.

                             3.18   In the event of ongoing 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.

                             3.19   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 issuing of the 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 constructed prior to the issuing of the occupation           certificate.

                             3.20   Prior to the issuing of a Construction Certificate, details of                                   measures to screen the existing roof top air-conditioning units located                      within the building from the adjoining properties within Kay Street                             are to be submitted to Penrith City Council for approval.

                             Signage

                             3.21   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 issuing of the 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 constructed prior to the issuing of the occupation certificate.

                             Traffic

                             3.22   A total of 36 car parking spaces on site are to be dedicated to the child                              care centre.  These spaces are to be appropriately marked prior to the                      issue of the Occupation Certificate.

                             3.23   All car parking and manoeuvring must be in accordance with                                    AS2890.1:2004 and AS2890.6:2009 and Council’s requirements.

                             3.24   No vehicular or pedestrian access is permitted via Glenbrook Street or                     any adjoining site.

                             3.25   The gates to the car parking area at the rear of Toys R Us are to                                          remain open during business hours.

          * Prior to the issue of an Occupation Certificate, the extension of the “No Stopping” zone across the Glenbrook Street frontage of the site is to be implemented.  The approval of Council’s Local Traffic Committee is required prior to the installation of signage.  All signage costs are to be borne by the applicant.

          * Prior to the issue of an Occupation Certificate, a sign is to be erected within the car park, near the location of the new circulation aisle, indicating the location of the car parking area for the child care centre.

                             Fit out General

                             3.26   The construction, fit out and finishes of the food premises must                               comply with Standard 3.2.3 of the Australian and New Zealand Food                        Standards Code, and AS4674-2004 Design, Construction and Fit out                        of Food Premises.

                             3.27   Details of the kitchen, and any food preparation and storage areas                            must be prepared by a suitably qualified person and certified in                                    accordance with Standard 3.2.3 of the Australian and New Zealand                             Food Standards Code and AS 4674-2004 Design, Construction and                          Fitout of Food Premises to the satisfaction of the Certifying Authority                      prior to a Construction Certificate being issued.

                             Hand basins

                             3.28   Hand basins must be freestanding, serviced with hot and cold water                        through a single outlet, able to be mixed at a temperature of at least                             40°C and fitted with a hands free operation. Where sensor taps are                           installed the basin must not be more than 6 metres from the hot water                           system. Disposable paper hand towels and soap must be provided and           serviced from a dispenser adjacent to each hand basin.

                             Staff toilets

3.29   Staff toilets must be provided on the premises. Where a toilet adjoins a food preparation area it must be separated by an air lock and its doors must be fitted with self closing devices.  Toilets intended for customer use must not be accessed through areas where open food is handled, displayed or stored.

3.30   A hand basin must be located within the toilet cubicle. Hand basins must be freestanding, serviced with hot and cold water through a single outlet, able to be mixed at a temperature of at least 40°C and fitted with a hands free operation. Where sensor taps are used the basin must not be more than 6 metres from the hot water system. Disposable paper hand towels and soap must be provided and serviced from a dispenser adjacent to each hand basin.

                             Hot water service

3.31   Hot water services must be positioned at least 75mm clear of the adjacent wall surfaces, and mounted at a minimum 150mm above the floor level on a non-corrosive metal stand. The hot water system must be sized to meet the demands of the food business during peak operating and cleaning periods and be able to provide sufficient hot water throughout the working day. Discharge from the hot water system must enter the sewer through a tongue dish in accordance with Sydney Water’s requirements.

                             Mechanical ventilation

3.32   Cooking appliances which exceed a total maximum power input of 8kw for electrical, or a total gas input of 29MJ/h for a gas appliance are required to have a kitchen exhaust system installed in accordance with Clause F4.12 of the Building Code of Australia and Australian Standard AS1668 Parts 1 &    2.

          Detailed plans together with calculations for the system must be provided as part of the development application or as part of the Construction Certificate application.

          The exhaust hood must completely cover the equipment to be ventilation and extended at least 200mm beyond the perimeter of the equipment. The exhaust hood must be provided with a condensation gutter around its base.  The gutter must be at least 50mm wide by 25mm deep.   Where abutting walls are located the hood must be constructed so as to finish flat against the wall surface.

          The low edge of a canopy type exhaust hood must be at least 2000 mm above floor level.    

3.33   Prior to the issuing of an Occupational Certificate, and operation of the business, the exhaust system shall be certified by an appropriately qualified person to comply with the Building Code of Australia and Australian Standard AS1668 Parts 1 & 2. A copy of the certification and supporting documentation must be provided to Council’s Environmental Health Department if Council is not the Principal Certifying Authority.

Floor and floor wastes

3.34   The floor of the food premises must be finished in an approved non      absorbent material, evenly laid, or graded and drained to a trapped floor waste. All floor wastes in the food preparation, service and scullery area must be fitted with a sump removable basket and grate, a minimum 200mm in diameter, and finished in all stainless steel.

                             Coving

3.35   Approved, recessed coving must be provided at all intersections of the floor with the walls within all food preparation, service, storage and scullery areas.   All coving must have a minimum concave radius of 25mm and be installed so as to be integral to the surface finish of both floor and wall in such a manner as to form a continuous, uninterrupted surface.

                             Walls

3.36   The walls of the food preparation area must be of solid construction and finished with glazed ceramic tiles or other approved material to a height of 2 metres. The intersection of tiles and render must have a flush finish, or be splayed at a 45 degree angle to eliminate a ledge that would allow dust and grease to accumulate.

3.37   The walls at the rear of cooking appliances must be surfaced with an     impervious material, such as stainless steel, which extends from the canopy to the floor. Where a cooking appliance is sealed to the wall, the material must be lapped over the top edge of the appliance to provide a grease and vermin proof seal. Cooking appliances must only be sealed to walls made of a non-combustible material.

                             Ceilings

3.38   The ceiling in the preparation, service and scullery areas must be   constructed with a rigid, non-absorbent, smooth faced material free from open joints, cracks and crevices and be painted with a light coloured washable paint.   The intersection of the walls and ceiling must be tight jointed, sealed and dust proofed.   Drop-in panel style ceilings are not permitted.

                             Service pipes

3.39   Service pipes, electrical conduits, refrigeration condensate pipes shall be enclosed or chased into walls, floors or plinths. Where it can be    demonstrated that this is not feasible pipes and conduits fixed on brackets, providing a minimum of 25 mm clearance from the adjacent wall and 100 mm from the floor or adjacent horizontal surface, can be used.  All openings in walls, floors and ceilings, through which service pipes and conduits pass, must be vermin proof.

                             Temperature control

3.40   Appliances used to store potentially hazardous food must have a capacity to keep foods hotter than 60^oC, refrigerated foods less than 5^oC, and frozen foods less than 18^o C and be provided with a digital thermometer, accurate to 1^oC that can be easily observed from outside the appliance.

Window sills

3.41   Any window sill within a food preparation area, service or scullery area must be located 450mm above the top of any bench/sink and tiled at a splayed angle of 45 degrees.

                             Flyscreens

3.42   Flyscreens or other approved means of excluding flies must be     provided to all window and door openings.

                             Meter box

3.43   The meter box must be provided with an approved non-absorbent, smooth faced cover. The cover is to be splayed at an angle of 45 degrees to the wall at the top and made tight fitting to the wall surfaces

Dishwasher

3.44   Details of the dishwashing/glass washing machines must be submitted to Council and approved prior to installation.   All utensils and equipment must undergo a washing, sanitising and rinsing cycle.   The sanitising rinse cycle must achieve a water temperature of 80°C for 2 minutes or 75°C for 10 minutes.

Wash and food preparation sinks

3.45   All wash sinks and food preparation sinks must be serviced with hot and cold water through a single outlet. Wash sinks must be supplied with water at a temperature of not less than 54 °C for washing.

3.46   The double bowl sink must be constructed of stainless steel, have a       minimum bowl size of 450mm x 300mm x 300mm to enable cleaning of large pots and equipment, be fitted with a draining area at each end, and have a splashback as part of the unit at least 300mm up the wall.

3.47   The food preparation sink must be separated from all other sinks by a    minimum distance of 2 metres or have an approved form of physical barrier that separates the sink.

Cleaners sink

3.48   The cleaners sink must be serviced with hot and cold water through taps fitted with hose connectors.   Cleaner’s sinks must be located outside of areas       where open food is handled.   

Fixture and fittings

3.49   All fixtures, fittings and equipment must be provided with smooth and impervious surfaces, free from cracks and crevices to enable easy cleaning.

3.50   All fittings and fixtures must be built into the wall and floor so as to be free from joint, gaps and cavities to enable easy cleaning or alternatively, supported on one of the following:

a.       Plinths – plinths must be an integral part of the floor, constructed of      solid materials similar to the floor at least 75mm in height and coved    at the intersection with the floor.   All plinths must have a smooth and   impervious finish.   All fittings and fixtures must be properly sealed         to the plinth so to be free from gaps, cracks and cavities.

b.       Wheels or castors – fittings and fixtures can be supported on wheels or castors.   The wheels and castors must be capable of supporting and easily moving a full loaded fitting.   All wheels and castors must be   provided with a restraining device.

c.       Legs – fittings and fixtures can be supported on legs but must be constructed of a non-corrosive, smooth metal or moulded plastic. All legs must be free from cracks and crevices. All legs must have a clearance space between the floor and the underside of the fitting of at least 200 mm.

NOTE: False bottoms under fittings are not permitted (AS4674-2004 – Section 4.2 and 4.3).

3.51   All food preparation benches must be constructed in stainless steel or finished in a smooth and non-absorbent approved material that is free of joints.

3.52   All storage cabinets (internal and external surfaces) must be finished in a smooth and non-absorbent approved material that is free of joints.

3.53   Light bulbs or tubes are to be shatterproof or fitted with approved light diffusers (covers or shields) to prevent contamination of food by glass from a broken light globe or tube. Light fittings must be free from any feature that would collect dirt or dust, harbour insects or make the fitting difficult to clean. Light fittings must be recessed into ceilings or equipment where possible. Heat lamps must be protected against breakage by a shield extending beyond the bulb.

3.54   Shelves must be smooth and impervious; free from joints, cracks and     crevices; and able to be easily cleaned. The lowest shelf must be at least 200mm off the floor to allow easy cleaning underneath. Approved materials must be used, such as galvanised piping, stainless steel or laminated plastic. Shelves are to be sealed to the wall or kept clear of walls to allow easy access for cleaning (>40 mm).

Lockers

3.55   Sufficient lockers must be provided in the food preparation area or store room specifically for the storage of cleaning materials, employees’ clothing and personal belongings.

Storeroom

3.56   The storeroom must be constructed in accordance with AS4674-2004 by providing the following:

-        A smooth, even, non-slip floor surface.

-        Coving at all intersections of the floor and walls with approved, recessed coving to a minimum concave radius of 25mm, so as to be integral to the surface finish of both floor and wall in such a manner as to form a continuous, uninterrupted surface. “Feather edge skirting” and non-rebated coving are not permitted.

-        Walls must be provided with a smooth even surface and painted with a light coloured washable paint to enable easy cleaning.

-        The ceiling must be constructed with a rigid, non-absorbent, smooth faced material free from open joints, cracks and crevices and be painted with a light coloured washable paint.   The intersections of the walls and ceiling must be tight-jointed, sealed and dustproof.  Drop in panel style ceilings are          not permitted.

-        Shelving or storage racks must be designed and constructed to enable easy cleaning.

Waste storage areas and rubbish bins

3.57   All garbage must be stored in accordance with the requirements of the Food Safety Standards of the Australian and New Zealand Food Standards Code and the Protection of the Environment Operations Act 1997 to prevent the harbourage of vermin or generation of odours.

3.58   Smooth and impervious surfaces (walls and floors) must be provided to all waste storage areas and rooms.  Floor areas must be graded and drained to a floor waste gully connected to the sewer.  Open waste storage areas must be appropriately covered and bunded to avoid stormwater entering the sewer. Waste storage rooms must be adequately ventilated and proofed against pests.  The area or room must be provided with water service hose connectors to enable easy cleaning.

                   Rubbish bins must be cleaned regularly to remove the food scraps stuck on the bin surface and to minimise the emission of odour that attracts insects and vermin. Bins may be cleaned either by the rubbish collecting contractors or inside a rubbish room constructed to the above specifications.

                   Bins, hoppers and other containers used for storing garbage or recyclable material shall be:

-        constructed of impervious material such as metal or plastic; and

-        have tight fitting lids

-        bins that cannot be lifted for draining after cleaning shall have drainage bungs at the base

Access Report

3.59   Prior to the issuing of a Construction Certificate, an Accessibility Report shall be submitted to and approved by Penrith City Council. The report shall detail the development's compliance with the Building Code of Australia, Disability (Access to Premises - Buildings) Standards 2010, AS 1428 and AS 4299.

          The architectural plans, including car parking layout shall be amended to reflect any works required as a result of compliance with the above      standards and any recommendations of the Accessibility Report.

Outdoor Shading

3.60   The outdoor shading area is to be provided as required by DCP 2010 and a written statement is to be provided to the Principal Certifying authority of compliance prior to the issue of Occupation Certificate.

4.         Those who have made submissions will be advised of the determination.

1. View

Locality Map

1 Page

Appendix

2. View

Site plan, floor plan and elevations

6 Pages

Appendix

3. View

Acoustic Fence

1 Page

Appendix

4. View

DCP 2010 Compliance Table

4 Pages

Appendix