11 December 2013

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 16 December 2013 at 7:00PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Mark Davies - 9 December 2013 to 21 December 2013 inclusive.

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 25 November 2013.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 2 December 2013.

Penrith Community Safety Partnership Meeting - 4 December 2013.

Policy Review Committee Meeting - 9 December 2013.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 16 December 2013

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Executive Managers                          

                
          

 
Seating Arrangements

 

 

 

Assistant General Manager
Craig Butler

 

 

Assistant General Manager
Barry Husking

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Ross Fowler OAM

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers

Executive Managers                           

         
          

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



Council_Mark_POS_RGB2014 MEETING CALENDAR

January 2014 - December 2014

(adopted by Council on 25/11/13)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

3

 

 

 

 

 

 

 

22^ü

(7.00pm)

 

 

15

(7.00pm)

 

24@

24

28v

26#

23 *

28

25@

29

27

24#+

 

Policy Review Committee

7.00pm

 

 

 

14

12

16

14

11

8

13

10

8

 

10

10

 

 

 

 

 

 

 

 

 

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) 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 December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2013-2014 Annual Statements are presented

 

Meeting at which any comments on the 2013-2014 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

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

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

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 25 NOVEMBER 2013 AT 7:34PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Ross Fowler OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by Rev Neil Checkley.

PRESENT

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

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 21 October 2013

297  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 21 October 2013 be confirmed.

 
DECLARATIONS OF INTEREST

 

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 1 - Planning Proposal for Penrith Local Environmental Plan - Outcomes of Public Exhibition (Chapter B1 – E4 Rural Lands, Castlereagh and Cranebrook) as he owns 3 properties in the area which are subject to the proposed zoning changes. Councillor Jim Aitken OAM indicated he would leave the room for discussion on the matter.

 

Councillor Mark Davies declared a Pecuniary Interest in Item 2 of Committee of the Whole – Legal Expenses as he is subject to the matter of the report.

 

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 16 – Youth Week 2014 Program as he attends the church which may receive financial assistance.

 

 


His Worship the Mayor, Councillor Ross Fowler OAM read the following statement:

 

In accordance with Section 451 of the Local Government Act, 1993 Special Disclosure of Pecuniary Interest Forms were received and tabled for the purposes of the meeting by:

 

·    Councillor Kevin Crameri OAM in respect of 16 Christie Street, Penrith, Unit 6, 5 Stanley Crescent, Kingswood and Unit 8, 16 Thurston Street, Penrith.

·    And I have also submitted a Form in respect of my properties and associations as detailed in my pecuniary interest form, for the period ending 30 June 2013.

 

SUSPENSION OF STANDING ORDERS

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

 

Patrick Hurley

 

Item 4 – DA 13/0009 Proposed Child Care Centre at Lot 1 DP 1047731 (No. 9-11) Glenbrook Street, Jamisontown

 

Mr Hurley, the applicant, spoke in support of the recommendation and requested that Council support the recommendation.

 

Lou Vella

 

Reports and Recommendation of the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Mr Vella, an affected person, spoke in support of the recommendation and indicated that he believed there were a number of residents who also support the RU4 zone. Mr Vella stated that the current rural zoning of 1a/1b is consistent with the proposed RU4 meaning that the zoning the properties were purchased under remain the same. Mr Vella concluded by saying that he believes the RU4 zone protects rural land rights and lifestyle and urged Council to zone the area as RU4.

 

Mary Vella

 

Reports and Recommendation of the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Ms Vella, an affected person, spoke in support of the recommendation and believes the RU4 zone is the most appropriate zone for the area as it is consistent with the current zoning and consistent with other Local Government Areas who have transferred 1a and 1b zones to RU4.

 

299  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete her address, the time being 7:53 pm.

 

Ms Vella concluded by saying the E4 zone is suitable for the Castlecrest Estate but the remainder of the area should be zoned RU4.

 

Councillor Mark Davies left the meeting, the time being 7:53pm.

 

Alan Eagle

 

Reports and Recommendation of  the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Mr Eagle, an interested citizen, spoke in support of the recommendation and spoke of the importance of agriculture to the area. Mr Eagle spoke of the Council’s continued support for the Rural Lands Strategy and encouraged Council to maintain this support suggesting that land use complexities need to be reduced.

 

Councillor Ben Goldfinch left the meeting, the time being 7:55pm.

 

Stephen Abbott

 

Reports and Recommendation of the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Mr Abbott, an affected person, spoke in opposition to the recommendation and stated he believes that the western end of Hinxman Road should be zoned E4 as the land is not suitable for agriculture and that the proposed RU4 zoning will discourage executive style living.  Mr Abbott also stated that the majority of residents were opposed to the RU4 zone in the western end of Hinxman Road. 

 

Councillors Ben Goldfinch and Mark Davies returned to the meeting, the time being 7:59pm.

 

300  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Jackie Greenow OAM that an extension of time be granted to enable the speaker to complete his address, the time being 8:04pm.

 

Mr Abbott concluded by requesting Councillors amend the proposal to zone the western area of Hinxman Road to E4 or to defer the decision to discuss the matter further.

 


Ian Smith

 

Reports and Recommendation of the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Mr Smith, an affected person, spoke in opposition to the recommendation and requested that for the integrity of the Lemongrove Heritage Conservation Area a medium density zoning would be more appropriate for this area and requested Councillors to zone the area in accordance with option OB5(b) as detailed in Chapter B5 – Hemmings Street Heritage Conservation Area, of Attachment 5 to the Business Paper for the Policy Review Committee Meeting of 11 November 2013.

 

Max Fragar

 

Item 6 – Planning Proposal for Penrith Local Environmental Plan – Chapter C37 – Castle Street, Castlereagh

 

Mr Fragar, an applicant’s spokesperson, spoke in opposition to the recommendation and highlighted that the zoning for this area had been exhibited for 3 weeks incorrectly, however there had been no submissions received on this proposal as exhibited and called for Council to zone the land as originally exhibited. Mr Fragar suggested that the zoning should be consistent with option OC37(b) (and dwellings should be allowed), as detailed in Chapter C37 – Castle Street, Castlereagh.

 

Dani Robinson

 

Reports and Recommendation of the Policy Review Committee Meeting held on 11 November 2013 (Item 1 – Planning Proposal for Penrith LEP – Outcomes of Public Exhibition)

 

Ms Robinson, representing Penrith Lakes Development Corporation, spoke in support of the Interim Development Order as the most appropriate planning instrument for the Lakes Scheme.  Ms Robinson concluded by stating that the Lakes Scheme should be excluded from the LEP until the masterplan is completed.

 

RESUMPTION OF STANDING ORDERS

301  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Standing Orders be resumed, the time being 8:22pm.

 

Mayoral Minutes

 

1        The passing of Warren Pinfold

The Deputy Mayor, Councillor Jim Aitken OAM and Councillor Jackie Greenow OAM spoke in support of the Mayoral Minute.                                                                                                    

302  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on The passing of Warren Pinfold be received.

 

The meeting observed a minute’s silence at 8:28pm.

 

2        Typhoon Haiyan assistance                                                                                               

303  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Typhoon Haiyan assistance be received.

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 9 October 2013  

304  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 October, 2013 be adopted.

 

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

305  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 November, 2013 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 18 November 2013                                                                                                                  

306  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 18 November, 2013 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith Business Alliance (PBA) 2012-13 Financial Report                                          

307  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch that the information contained in the report on Penrith Business Alliance (PBA) 2012-13 Financial Report be received.

 

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

308  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM

That:

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

2.     The matter be deferred for further discussion and a further report be brought back to the next Ordinary Council meeting.

 

 

Outcome 2 - We plan for our future growth

 

3        Heritage Assistance Fund 2013 – 2014                                                                             

309  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey

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.

 

 

4        Development Application DA13/0009 Proposed Child Care Centre at Lot 1 DP 1047731 (No. 9-11) Glenbrook Street, Jamisontown

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

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. 13/0009 for a proposed child care centre at Lot 1 DP 1047731 Glenbrook Street, Jamisontown 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 60oC, refrigerated foods less than 5oC, and frozen foods less than 18o C and be provided with a digital thermometer, accurate to 1oC 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.

 

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

For

Against

 

Councillor Prue Car

Councillor Michelle Tormey

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

5        Development Application DA13/1033 Proposed First Floor Addition to Existing Residence at Lot 142 DP 238553 (No. 4) Wiles Place, Cambridge Park                                         

311  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Development Application DA13/1033 Proposed First Floor Addition to Existing Residence at Lot 142 DP 238553 (No. 4) Wiles Place, Cambridge Park be received.

2.     The SEPP 1objection be supported to vary the minimum rear setback requirement.

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

3.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

D001 Implement approved sediment & erosion control measures

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

ESPECIAL Smoke detector

H001 Stamped plans

H009 Cut/fill details

H017 Loads on existing buildings

H030 Roof finishes

H041 Hours of Work

J004 Pool fencing

K016 Stormwater

K041 Bond

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

Special Conditions

3.2       All windows on the rear elevation of the first floor addition shall be provided with obscure glazing to prevent viewing into adjoining properties when in the closed position. Details to be provided prior to the issue of a Construction Certificate.

                          

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

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

6        Planning Proposal for Penrith Local Environmental Plan - Chapter C37 - Castle Street, Castlereagh                                                                                                                         

Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the meeting, the time being 8:46pm.

312  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Planning Proposal for Penrith Local Environmental Plan - Chapter C37 - Castle Street, Castlereagh be received.

2.       Council endorse the Planning Proposal for Penrith Local Environmental Plan (provided separately to Councillors and available on Council’s website), amended in accordance with recommendation RC37 as appearing in Attachment 1 relating to Castle Street, Castlereagh.

3.     Where there is an inconsistency between the earlier recommendations related to this matter and the resolution to this report, the resolution to this report prevails for the purpose of amending the Planning Proposal.

4.     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.

5.     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.

6.       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:

For

Against

 

Councillor Prue Car

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 


Councillor Jim Aitken OAM returned to the meeting, the time being 8:55pm.

 

7        Planning Proposal for Penrith Local Environmental Plan - Chapter C43 - Werrington Signals Site, Corner Great Western Highway and French Street, Werrington           

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

That:

1.             The information contained in the report on Planning Proposal for Penrith Local Environmental Plan - Chapter C43 - Werrington Signals Site, Corner Great Western Highway and French Street, Werrington be received

2.             Council endorse the Planning Proposal for Penrith Local Environmental Plan (provided separately to Councillors and available on Council’s website), amended in accordance with recommendation RC43A and RC43B as appearing in Attachment 1 relating to Werrington Signals Site, Corner Great Western Highway and French Street, Werrington.

3.             Council delay a decision on the land within the Penrith Health and Education Precinct proposed to be zoned B7 Business Park. 

4.             Council not forward the Planning Proposal delivering Stage 2 of the City-wide Local Environmental Plan to the Minister for Planning and Infrastructure until after its February 2014 Ordinary Meeting in order to analyse the outstanding matters relating to the zone proposed for this land.

5.             Council organise a stakeholder meeting involving Councillors, Council officers, relevant land holders, the Penrith Business Alliance and representatives of the Department of Planning and Infrastructure to investigate and test an alternative selection of appropriate land use zones.

6.             Where there is an inconsistency between the earlier recommendations related to this matter and the resolution to this report, the resolution to this report prevails for the purpose of amending the Planning Proposal.

 

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

For

Against

Councillor Prue Car

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Bernard Bratusa   

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Reports of Committees

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013                                                                                                                  

314  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 November, 2013 be adopted with the following Divisions and amendments:

 

PRC 79- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapters A1-A4

 

315  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations relating to PRC 79 - 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:

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

PRC 80- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter B1

 

Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the room, the time being 9:11pm.

 

316  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendation relating to PRC 80 - 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:

For

Against

 

Councillor Prue Car

Councillor Bernard Bratusa   

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Kevin Crameri OAM

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

Councillor Jim Aitken OAM returned to the meeting, the time being 9:25pm

 

PRC 81- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter B2

 

317  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the recommendation relating to PRC 81 - 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:

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

PRC 82- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter B3,B4 & B5

 

318  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM

That:

1.        The recommendations relating to PRC 82 Chapter B3 as detailed in Attachment 5 be endorsed.

2.        The recommendations relating to PRC 82 Chapter B4 as detailed in Attachment 5 be endorsed with the exception of RB4(a) being delayed for further consideration.

3.        The recommendations relating to PRC 82 Chapter B5 be amended as detailed in Attachment 5 Option OB5(b) to now read :

That the publicly exhibited R4 High Density Residential zone applied to the properties on the western half of Blaxland Avenue be amended to the R3 Medium Density Residential zone along with an amended development standard setting the maximum height of buildings at 8.5metres.

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

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

Councillor Jim Aitken OAM returned to the meeting, the time being 9:29pm.

 

*PRC 83- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter C37

 

*This matter was dealt with previously in these minutes at Item 6.

 


PRC 84- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter C39

 

319  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the recommendation relating to PRC 84 being 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:

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

*PRC 85- Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Chapter C43

 

*This matter was dealt with previously in these minutes at Item 7.

 

PRC 86 - Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 - Chapters C1- C48 (Excluding Chapters C37, C39 and C43)

 

320  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish that the recommendations relating to PRC 86 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:

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

PRC 87 - Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 - Chapters D1-D34

 

321  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Maurice Girotto that the recommendations relating to PRC 87 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:

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Kevin Crameri OAM

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Marcus Cornish

 

 

PRC 88 - Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 – Item 1 - Planning Proposal for Penrith Local Environmental Plan - Outcomes of Public Exhibition

 

322  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations relating to PRC 88 Item 1 - Planning Proposal for Penrith Local Environmental Plan - Outcomes of Public Exhibition be endorsed subject to the amendments made to  PRC recommendations 79-87 in the Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2013 in addition to Items 6 & 7 in these minutes.

 

 

Outcome 4 - We have safe, vibrant places

 

8        Tender Reference 13/14-03, Provision of Quarry Products, Top Soil, Turf, Softfall & Synthetic Turf                                                                                                                    

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

That:

1.     The information contained in the report on Tender Reference 13/14-03, Provision of Quarry Products, Top Soil, Turf, Softfall & Synthetic Turf be received.

2.     A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

a.   Provision of Quarry Products (New) be awarded to Boral Resources (NSW) Pty Limited as the primary contractor and Hi Quality Waste Management Pty Ltd as the secondary contractor

b.   Provision of Quarry Products (Recycled) be awarded to Hi Quality Waste Management Pty Ltd as the primary contractor and Boral Resources (NSW) Pty Limited as the secondary contractor

c.   Provision of Top Soil be awarded to Hi Quality Waste Management Pty Ltd as the primary contractor and Australian Native Landscape Pty Ltd as the secondary contractor

d.   Provision of Turf be awarded to A&J Patten Turf as the primary contractor and Manoeuvre Mow Pty Limited t/as Sustainable Turf Renovations & Equipment as the secondary contractor

e.   Provision of softfall be awarded to Astec Mulch Pty Ltd as the primary contractor and Australian Native Landscape Pty Ltd as the secondary contractor

f.    Provision of Synthetic Turf (adjacent to paths) be awarded to Creative Recreation Solutions Pty Ltd

g.   Provision of Synthetic Turf (cricket pitches and long jump run-ups) be awarded to Synthetic Grass and Rubber Surfaces Australia Pty Ltd.

 

10      Great River Walk Stage 7b grant                                                                                     

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

That:

1.     The information contained in the report on Great River Walk Stage 7b grant be received.

2.     Council accept the grant offer of $270,000 under the Metropolitan Greenspace Program 2012 and confirm the reallocation of Council’s matching contribution as detailed in the report.

3.     Letters of thanks and notification be sent to the Department of Planning and Infrastructure, and project supporters Great River Walk Inc. and Hawkesbury City Council.

 

9        Tender Reference 13/14-05 Path Construction and Associated Works of River Road, Emu Plains                                                                                                                                   

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

That:

1.     The information contained in the report on Tender Reference 13/14-05 Path Construction and Associated Works of River Road, Emu Plains be received.

2.     Statewide Civil Pty Ltd be awarded the contract for Path Construction and Associated Works of River Road, Emu Plains from Dewdney Road to M4 overpass for the amount of $1,223,438 (excluding GST).

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

 

 

Outcome 5 - We care about our environment

 

11      WSROC Tender WR02-12/13, Handling and Treatment of Hazardous Waste including Asbestos

Councillor Greg Davies left the meeting, the time being 9:39pm.                                                

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

That:

1.     The information contained in the report on WSROC Tender WR02-12/13, Handling and Treatment of Hazardous Waste including Asbestos be received.

2.     A three (3) year contract, for the provision of Handling and Treatment of Hazardous Waste including Asbestos, with an option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance and with provision for rise and fall, be awarded:

a.   for the Asbestos Handling Services: RMA Contracting Pty Ltd t/a RMA Group as the primary contractor and Affective Services Australia Pty Limited as the secondary contractor, Dolomatrix Trading as Toxfree Pty Ltd as the third ranked contractor. 

b.   for the Chemical Handling services: Affective Services Australia Pty Limited.

 

 


 

12      Complaint process and the regulations relating to uncovered loads of heavy vehicles travelling within the Penrith Local Government Area                                                   

327  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Complaint process and the regulations relating to uncovered loads of heavy vehicles travelling within the Penrith Local Government Area be received.

2.    Council write to the Roads and Maritime Services (RMS) and the Transport Workers Union (TWU) and any other relevant associations expressing concerns with uncovered vehicle loads in the Penrith LGA and requesting enforcement of the rules and regulations.

 

Councillor Greg Davies returned to the meeting, the time being 9:44pm.

 

13      Penrith City Council Floodplain Management Framework                                          

328  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.     The information contained in the report on Penrith City Council Floodplain Management Framework be received.

2.     An internal Floodplain Management Working Party be established to oversee the management and delivery of a contemporary floodplain management framework.

3.     Council nominate Councillors Greg Davies, Kevin Crameri OAM, Jim Aitken OAM and Jackie Greenow OAM to be members of the Floodplain Management Working Party, with all Councillors invited to attend.

4.     Council adopt the Draft Terms of Reference for the Floodplain Management Working Party.

 

 

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

 

Councillor John Thain left the meeting, the time being 9:46pm.

 

14      Sports Donations and Travel Assistance Grants                                                             

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

That:

1.      The information contained in the report on Sports Donations and Travel Assistance Grants be received.

2.      $4,000 from each Ward’s Voted Works be allocated equally to the budget for the travel assistance policy for the remainder of the 2013-14 financial year.

3.      A review and history of the Sports Donations and Travel Assistance Grants be carried out and reported back to Council to allow for future budgeting processes.

 

15      2014 Seniors Week Grants Program                                                                                

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

That:

1.     The information contained in the report on 2014 Seniors Week Grants Program be received.

2.     Council approve grants to eight (8) local community organisations for nine (9) projects to the value of $6,054 to celebrate Seniors Week 2014 as listed in Table 1 of this report.

 

Councillor John Thain returned to the meeting, the time being 9:49pm.

 

16      Youth Week 2014 Program                                                                                              

331  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Youth Week 2014 Program  be received.

2.     Council endorse the four recommended projects and funding amounts to the total value of $6,150 as outlined in Table 1 of this report.

3.     Council allocate the additional funding requested of $2,945 for the four projects equally from all Wards’ Voted Works.

4.     A review and history of the Youth Week Funding Program be carried out and reported back to Council to allow for future budgeting processes.

 

 

Outcome 7 - We have confidence in our Council

 

17      Organisational Performance Report - September 2013                                                 

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

That:

1.     The information contained in the report on Organisational Performance Report - September 2013 be received.

2.     The Organisational Performance Report - September 2013 as at 30 September 2013, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – Quarterly Review September 2013 be adopted.

3.       Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in Attachment 1 for inclusion in the 2014-15 Operational Plan.

 

19      Council Meeting Calendar for 2014                                                                                 

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

That:

1.     The information contained in the report on Council Meeting Calendar for 2014 be received

2.     The draft Meeting Calender for 2014 be adopted.

 

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

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

That:

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

2.     Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the DLG.

 

21      2013 Local Government NSW Annual Conference                                                       

335  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa that the information contained in the report on 2013 Local Government NSW Annual Conference be received.

 

22      Code of Conduct - Report on complaints statistics                                                         

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

That:

1.     The information contained in the report on Code of Conduct - Report on complaints statistics be received

2.     A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Division of Local Government prior to 31 December 2013.

 

 

23      Penrith Commuter Carpark - Dedication of Roads and Creation of Easements        

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

That:

1.     The information contained in the report on Penrith Commuter Carpark - Dedication of Roads and Creation of Easements be received.

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

 

24      Council Property - Leasing of parts of "Community" land under Council's Plan of Management to Scouts Australia NSW                                                                           

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

That:

1.     The information contained in the report on Council Property - Leasing of parts of "Community" land under Council's Plan of Management to Scouts Australia NSW be received.

2.     Council grant Scouts Australia NSW 5 year License Agreements over the three sites in accordance with the conditions set out in the report.

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

 

25      Summary of Investments & Banking for the period of 1 October to 31 October 2013

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

That:

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

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

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

 

Councillor Jackie Greenow OAM and Councillor Kevin Crameri left the meeting, the time being 9:59pm.


 

18      The Annual Report for 2012-13

Councillor Mark Davies spoke to the report and highlighted a number of achievements which are outlined in the report including significant achievements in managing the budget, recreation, childcare, development, asset and road maintenance, sustainability and the reduction of workplace injuries.      

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

That:

1.     The information contained in the report on The Annual Report for 2012-13 be received.

2.     The Annual Report be forwarded to the Division of Local Government by 30 November 2013.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Bus Shelter Request                                                                                                 

Councillor Marcus Cornish requested a memo reply investigating the installation of a bus  shelter on the northern side of the Great Western Highway for elderly residents from the premises of Bell Trees accommodation.

 

Councillors Jackie Greenow OAM and Councillor Kevin Crameri OAM returned to  the meeting, the time being 10:01pm.

 

RR 2          Higgins Street, Penrith - Green Seepage                                                                

Councillor Bernard Bratusa requested that the green seepage emanating from the footpath nearest to the parking lot at the above location be investigated as soon as possible.

 

RR 3          Carbon Tax                                                                                                              

Councillor Bernard Bratusa requested a report to Council on the direct savings to Penrith City Council when the carbon tax is repealed.

 

RR 4          Bill Posters Policy                                                                                                     

Councillor Tricia Hitchen requested a memo reply to all Councillors in relation to Council’s policy on Bill Posters which are appearing all over South Penrith investigating the possibility of a fine or fee structure for every poster requiring removal.

 

Councillor Greg Davies returned to the meeting, the time being 10:03pm.

 

RR 5          WSROC Tendering                                                                                                 

Councillor Mark Davies requested an update on the tendering process of WSROC

Councillor Marcus Cornish returned to the meeting, the time being 10:04pm.

 

RR 6          Update on Physillid Effects                                                                                     

Councillor Michelle Tormey requested a memo reply to all Councillors which provides an update on the effects of physillid on grey box gums in the Penrith LGA and the research that has been carried out by UWS. Also included should be options on how Council can further support the research program.

 

RR 7          Public Sentiment on Proposed Western Sydney Airport                                      

Councillor Greg Davies requested a report to a Policy Review Committee meeting detailing what can be done to engage the community in order to get a gauge on public sentiment to the proposed Western Sydney Airport.

 

RR 8          ADI Site/Proposed Wianamatta Regional Park - Management of                      
Feral Animal Programs                                                                                           

Councillor Michelle Tormey requested an urgent report to Council on the Management of Feral Animal Programs at the above site detailing a number of matters including the historic evidence of wild or uncontrolled dogs, numbers, risk, actions and copies of relevant documents.

 

RR 9          Retirement of Esme Evans                                                                                      

Councillor Karen McKeown requested Council write to Esme Evans congratulating her on her outstanding service to local government, retiring after 34 years service.

 

Councillor Greg Davies left the meeting and did not return, the time being 10:13pm.

 

RR 10        New 25 year Grave Laws                                                                                        

Councillor Karen McKeown requested a report to Council detailing the impact of the new 25 year grave laws and the implications for our Council.

 

RR 11        St Marys Station - Graffiti                                                                                       

Councillor Prue Car requested that Council contact the NSW Government about cleaning the graffiti in the rail lifts at St Marys train station with a memo reply being provided to all Councillors.

 

RR 12        Traffic Calming  - Oxley Park                                                                                

Councillor Prue Car requested a memo to all Councillors providing information on the traffic calming work being undertaken on the corner of Canberra and Sydney Streets, Oxley Park.

 


 

RR 13        Waste Transfer Update                                                                                           

Councillor Prue Car requested an update by way of memo to all Councillors from the NSW Department of Planning in relation to the application to transfer waste from Nelson Parade, Hunters Hill to the SITA facility at Kemps Creek.

 

URGENT BUSINESS

 

UB 1          Badgerys Creek Airport                                                                                          

Councillor Kevin Crameri OAM requested that Council urgently before the next Ordinary Council meeting contact State and Federal Members seeking whether they support or oppose the Badgerys Creek Airport proposal and provide a report to Council.

341  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

342  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that Council urgently before the next Ordinary Council meeting contact State and Federal Members seeking whether they support or oppose the Badgerys Creek Airport proposal and provide a report to Council.

 

 

 

Committee of the Whole

 

343  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Jackie Greenow OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:17pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Legal expenses                                                                                                                    

 

This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Commercial Matter - Council Property - Easement for Underground Gas Main over Part of Woodriff Gardens High Street Penrith by Jemena Gas Networks (NSW) Ltd           

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Commercial Matter - Nos. 141 - 151 High Street, Penrith                                             

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

5        Commercial Matter - Council Property - Request for Lease Assignment of Shop 1 at 144 Henry Street, Penrith                                                                                                        

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 10:22.pm and the Acting General Manager reported that the Committee of the Whole met at 10:17pm on 25 November 2013, the following being present

 

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

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 


CONFIDENTIAL BUSINESS

 

Having previously declared a Pecuniary Interest in the matter, Councillor Mark Davies left the meeting, the time being 10:18pm.

 

2        Legal expenses                                                                                                                    

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

CW2 That:

1.      The information contained in the report on Legal expenses be received.

2.      The Council agree to reimburse Councillor Mark Davies an amount of $1,188 (in accordance with Council’s 252 Policy) relating to legal expenses incurred about a code of conduct allegation relating to Fernhill.

 

Councillor Mark Davies returned to the meeting, the time being 10:20pm.

 

3        Commercial Matter - Council Property - Easement for Underground Gas Main over Part of Woodriff Gardens High Street Penrith by Jemena Gas Networks (NSW) Ltd       

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

CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Easement for Underground Gas Main over Part of Woodriff Gardens High Street Penrith by Jemena Gas Networks (NSW) Ltd be received.

2.     Council grant Jemena Gas Networks (NSW) Ltd an easement for Underground Gas Main 3 metres wide over Lot 3 in DP 1051278, High Street, Penrith in accordance with the figure outlined in the report.

3.     Jemena Gas Networks (NSW) Ltd bear all reasonable costs associated with the granting of the easements.

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


 

4        Commercial Matter - Nos. 141 - 151 High Street, Penrith                                             

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM and seconded Councillor Marcus Cornish

CW4 That:

1.     The information contained in the report on Commercial Matter - Nos. 141 - 151 High Street, Penrith be received.

2.     The recommendations as proposed in the summary of the report on Commercial Matter - Nos. 141 - 151 High Street, Penrith be adopted.

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

 

5        Commercial Matter - Council Property - Request for Lease Assignment of Shop 1 at 144 Henry Street, Penrith                                                                                                        

RECOMMENDED on the MOTION of Councillor Jim Aitken OAM and seconded Councillor Karen McKeown

CW5 That:

1.     The information contained in the report on Commercial Matter - Council Property - Request for Lease Assignment of Shop 1 at 144 Henry Street, Penrith be received.

2.     Council grant Elfick Pty Ltd the right to assign the existing Lease to Penrith Skin Cancer Foundation Pty Ltd over Shop 1 at 144 Henry Street, Penrith in accordance with the terms and conditions as outlined in the report.

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

 

 

ADOPTION OF Committee of the Whole

 

344  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:25pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                     


 

 

 

 

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Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Esme Evans retires from WSROC                                                                                     1

 

2        National Disability Award                                                                                                 2

 

 



Ordinary Meeting                                                                                           16 December 2013

 

Mayoral Minute

Esme Evans retires from WSROC

Strategy: Encourage social connections and promote inclusion in our community

           

 

WSROC Office Manager Esme Evans has retired after almost 34 years with the organisation. She leaves behind a lasting legacy.

 

WSROC is the leading advocacy organisation for Western Sydney, and the local government training ground for many of our past, current and future political leaders. As a WSROC board member I have had the privilege of working with Esme.

 

Esme came to Australia from India in 1977 and initially worked as a secretary for WSROC. She quickly rose through the ranks to become Office Manager but, as anyone who knows her will tell you, Esme was much more than that.

 

Not only did she manage a succession of presidents, including Mark Latham, Paul Lynch, Chris Bowen and Alison McLaren, she also played a key role in the success of lauded initiatives such as the Beds to the West campaign in the early 1980s and the push to establish a university in Western Sydney.

 

She also acted as executive assistant to 14 CEOs.

 

Such is Esme’s influence, the organisation has, for many years, been informally known as EsROC.

 

Her humour, patience, charm and wisdom will be greatly missed at WSROC, and by all who worked with her.

 

Esme will use her retirement to spend more time with family, including her two grandchildren. On behalf of Penrith Council I’d like to wish her all the very best for the future.

 

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Esme Evans retires from WSROC be received.

 

 

 


Ordinary Meeting                                                                                           16 December 2013

 

Mayoral Minute

National Disability Award

Strategy: Encourage social connections and promote inclusion in our community

           

 

I am proud to announce that Penrith City Council was recognised in the 2013 National Disability Awards, winning the Excellence in Improving Social Participation for its No Boundaries project.

 

No Boundaries began as a series of innovative and inclusive art workshops and creative activities, held over eight months in 2012. The project was then used in a spectacular multimedia sound and light projection event at the Joan Sutherland Performing Arts Centre.

 

Council’s Community Program Coordinator Joe Ibbitson and Councillor Jackie Greenow OAM accepted the award in Canberra. Council’s Disability Services Officer Robyn Brookes, Councillor Tricia Hitchen and No Boundaries art director Cindi Drennan also attended the ceremony, with participants and artists involved in the project.

 

This innovative project – linked to Council’s Inclusion Plan – shows we can build an inclusive community that indeed has no boundaries.

 

Congratulations to Community Program Coordinator Joe Ibbitson, who recently won a 2013 Arts and Health Australia Award for Excellence for his work on No Boundaries.

 

The award was presented at the Good Health and Wellbeing 5th Annual International Arts and Health Conference held at the NSW Art Gallery last month. Community and Cultural Development Manager Erich Weller also gave a keynote presentation on Council’s strategic approach to delivering a range of community cultural initiatives that contribute to positive health outcomes for residents. Council staff conducted three workshops at the conference:

 

·           Joe Ibbitson and Robyn Brookes –  on No Boundaries

·           Community Programs Coordinator Tracy Leahy – on the Aboriginal Intergenerational Arts project, and

·           Youth Development Officer Katerina Tahija and Administration Officers Max Fenton and Cody Kirkpatrick – on the Mondo Community Safety and Youth Engagement Project. 

 

These projects highlighted how effective and creative community engagement can contribute to pride and community wellbeing.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on National Disability Award be received.

 

 

  


 

 

 

 

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Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 2 December 2013                                                                                                                                             1

 

2        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 4 December 2013                                                                                                                   7

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 December 2013                                                                                                                                  13

 

 



Ordinary Meeting                                                                                           16 December 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 December, 2013

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), David Drozd – Senior Traffic Engineer, Graham Green – Senior Traffic Engineer, Sergeant Matt Shirvington – Penrith Police, Senior Constable Mark Elliott – St Marys Police, Councillor Marcus Cornish, James Suprain – Roads & Maritime Services, Mark Holmes (representative for the Member for Mulgoa), Ruth Byrnes - Senior Traffic Officer, Bernie Meier – Acting Engineering Co-ordinator, Martin Warda – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways, Steven Purvis – Senior Ranger.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Wayne Mitchell – Executive Manager Environment & City Development, Adam Wilkinson – Engineering Services Manager, Councillor Tricia Hitchen – Representative for the Member for Penrith, and Daniel Davidson – Road Safety Co‑ordinator.

 

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

The minutes of the Local Traffic Committee Meeting of 4 November 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Local Traffic Committee - Meeting Dates for 2014                                                        

RECOMMENDED

That:

1.     The information contained in the report on Local Traffic Committee - Meeting Dates for 2014 be received.

2.     The above dates be confirmed for 2014.

 

 

 

 

 

2        St Clair Avenue, St Clair - Proposed Upgrade to Existing Traffic Calming Devices  

RECOMMENDED

That:

1.     The information contained in the report on St Clair Avenue, St Clair - Proposed Upgrade to Existing Traffic Calming Devices be received.

2.     The project for the replacement of existing traffic calming devices in St Clair Avenue, St Clair, between Oliver Crescent and Bennett Road, and replacement with conventional traffic calming devices be entered into Council’s Traffic Facilities Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to prepare a design for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

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

 

3        Hewitt Street, Colyton - Proposed Extension of Parking Restrictions                          

RECOMMENDED

That:

1.     The information contained in the report on Hewitt Street, Colyton - Proposed Extension of Parking Restrictions be received.

2.     The owner(s) of 62 Hewitt Street, Colyton (centre management) be consulted with regard to the proposed extension of parking restrictions in Hewitt Street, Colyton, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections, existing “No Stopping” restrictions on the south-east side of Hewitt Street, at Jensen Street, Colyton be extended south by 10m, to a total distance of 20m from Jensen Street.

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

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

 

4        High Street, Penrith - Triangle Park Six-Week Traffic Review                                    

RECOMMENDED

That:

1.     The information contained in the report on High Street, Penrith - Triangle Park Six-Week Traffic Review be received.

2.     Council note the information.

3.     “5-Minute Parking (Pick Up & Set Down Only) (5 Min P)” be endorsed for two parking spaces on the northern side of High Street, Penrith, west of Riley Street, and “No Stopping” restrictions for all other areas within the delivery access.

 

 

5        Andromeda Drive & The Northern Road, Cranebrook - Design Plan Endorsement

RECOMMENDED

That:

1.     The information contained in the report on Andromeda Drive & The Northern Road, Cranebrook - Design Plan Endorsement be received.

2.     Design Plan Amendment A dated 15/11/13 for replacement of the painted island with a raised concrete island on Design Plans AA 43 dated 1/3/13 at the intersection of The Northern Road and Andromeda Drive, Cranebrook, be finalised and endorsed for construction.

3.     The Roads and Maritime Services be requested to provide a separate approval due to the proximity of the project to The Northern Road (which is a State Road under the control and management of the Roads and Maritime Services).

 

 

6        Union Road & John Tipping Grove, Penrith - Proposed Implementation of "No Stopping" Restrictions                                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Union Road & John Tipping Grove, Penrith - Proposed Implementation of "No Stopping" Restrictions  be received.

2.     “No Stopping” restrictions, 10m from the corners at the northern side of Union Road, at its intersection with John Tipping Grove, Penrith, be implemented.

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

 

 

7        Banks Drive, St Clair - Proposed Pedestrian Refuge Islands                                        

RECOMMENDED

That:

1.     The information contained in the report on Banks Drive, St Clair - Proposed Pedestrian Refuge Islands be received.

2.     Consultation be conducted with residents affected by installation of “No Stopping” signage associated with the proposal, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections from the consultation process, Design Plans AB 168 and AB 169 (dated 01/011/13) for pedestrian refuge islands in Banks Drive, St Clair be endorsed for construction.

4.     A lighting assessment be conducted.

 

 

8        Werrington Road & The Kingsway, Werrington - Proposed Pedestrian Refuge       

RECOMMENDED

That:

1.     The information contained in the report on Werrington Road & The Kingsway, Werrington - Proposed Pedestrian Refuge be received.

2.     Design Plan AW 145 (dated 06/12/12) for a pedestrian refuge island in Werrington Road, near The Kingsway, Werrington, be endorsed for construction.

3.     A lighting assessment be conducted.

 

 

9        Andromeda Drive, Cranebrook - Request for Installation of Part-Time "Bus Zone"

RECOMMENDED

That:

1.     The information contained in the report on Andromeda Drive, Cranebrook - Request for Installation of Part-Time "Bus Zone" be received.

2.     Consultation be conducted with both the community centre on Andromeda Drive and the Principal of Corpus Christi Primary School, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections from the consultation process, the part-time “Bus Zone” be installed for a length of 18m on Andromeda Drive, Cranebrook, 10m north of the Children’s Crossing on the north-western side, effective during the times of 8:00am-9:30am and 2:30pm-4:00pm pm school days.

4.     The 40m “No Stopping” zone on the north-west crossing departure be reduced by 18m.

5.     Busways be advised of Council’s resolution.

6.     Corpus Christi Primary School be advised of Council’s resolution.

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

 

 

10      High Street, Penrith - Proposed Changes to Civic Centre Public Car Park                

RECOMMENDED

That:

1.     The information contained in the report on High Street, Penrith - Proposed Changes to Civic Centre Public Car Park be received.

2.     Consultation be conducted with the Joan Sutherland Performing Arts Centre Management regarding changes to timed parking restrictions in the Civic Centre Car Park in High Street, Penrith, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections being received from the Joan Sutherland Performing Arts Centre Management, time restricted parking bays in the Civic Centre Car Park operation times be amended to 8:30am-6:00pm Monday to Friday and 8:30am-4:30pm on Saturday, and all relevant signage be installed (including the “Conditions of Entry” sign).

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

 

 

GENERAL BUSINESS

 

 GB 1         St Marys 40km/h High Pedestrian Activity Area Scheme – Update  (Raised Council)

Council’s Senior Traffic Engineer advised the Committee that the St Marys 40km/h High Pedestrian Activity Area (HPAA) Scheme has now been implemented in the St Marys city centre, and construction of all facilities has been completed.

RECOMMENDED that the Committee note the information.

 

GB 2          Woodriff Street, Penrith – Pedestrian Safety  (Raised on behalf of Councillor Tricia Hitchen, Representative for Member for Penrith)                                                                       

Council’s Road Network Services Engineer raised an item on behalf of Councillor Tricia Hitchen, concerning pedestrian access and safety, particularly for the vision and hearing impaired, in Woodriff Street and Reserve Street, Penrith (near the Nepean Village Shopping Centre).  Councillor Tricia Hitchen has met with several disability service providers regarding this matter, who have advised that they have told their clients not to visit the Nepean Village as it is too dangerous.

The issue of pedestrians crossing Station Street, Penrith (outside the Nepean Village) to catch the bus was also raised as a matter to be investigated.

RECOMMENDED that the matter be investigated.

 

 

GB 3          Forbes Street, Emu Plains – Damaged Pavement  (Raised Councillor Marcus Cornish)                  

Councillor Marcus Cornish advised that the road pavement is damaged in Forbes Street, Emu Plains, between Emu Plains Primary School and Nepean Street.  Councillor Marcus Cornish also requested information on planned re-sheeting works for this year, and a forecast of the program for 2014/15.

RECOMMENDED that Council’s City Works Manager be requested to investigate the matter.

 

 

GB 4          Riley Street, Penrith – Request for Additional Pick Up & Set Down Points  (Raised Councillor Marcus Cornish)                                                                                                        

Councillor Marcus Cornish requested the provision of additional pick up and set down points for vehicles in Riley Street, Penrith, between Henry Street and Jane Street.

In addition, Councillor Cornish requested a review of the existing pick up and set down points on the eastern side of Riley Street, Penrith, due to passengers exiting vehicles on the travel lane side of the vehicle.

RECOMMENDED that the matter be investigated.

 

GB 5          Great Western Highway, Emu Plains – Request to Change Existing Part-time “No Stopping” Restrictions  (Raised Councillor Marcus Cornish)                                                  

Councillor Marcus Cornish requested that the existing part-time “No Stopping” restrictions on Great Western Highway, Emu Plains, be reduced from 6.00am-10.00am Mon-Fri, to “No Stopping 6.00am-9.30am Mon-Fri”.

The Committee noted that Great Western Highway, Emu Plains is a State road under the control and management of the Roads and Maritime Services.

RECOMMENDED that the Roads and Maritime Services be requested to investigate this matter.

 

GB 6          Glenmore Ridge Drive, Glenmore Park – Traffic Safety  (Raised St Marys Police)     

The St Marys Police representative raised concerns about eastbound vehicles cutting the corner and driving on the wrong side of the road around the bend in Glenmore Ridge Drive, near Sandstone Avenue, Glenmore Park, and suggested provision of a median island to prevent this driver behaviour.

RECOMMENDED that the matter be investigated.

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:35am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 December, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                           16 December 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 4 December, 2013

 

 

 

PRESENT

Councillor Karen McKeown; Councillor Marcus Cornish; Julie Graham, Penrith Local Area Command; Danielle Corliss, St Marys Local Area Command; Barry Vincent, St Marys Local Area Command; Michael Connolly, St Marys Local Area Command; Brett McFadden, Penrith Local Area Command; Ken Innes, Glenmore Park Residents Group; Stuart Brooks, University of Western Sydney; Katerina Tahija, Penrith City Council; Kylie Druett, Nepean Blue Mountains Local Health District – Drug and Alcohol; Julie Page, Nepean Blue Mountains Local Health District – Needle and Syringe Program; Thierry Grabara, St Marys Town Centre Management; Erin Davidson, Penrith City Council; Allison Kyriakakis, Penrith City Council; Murray Halls, Penrith City Council; Gai Hawthorn, Penrith CBD Corporation.

 

 APOLOGIES

His Worship the Mayor Councillor Ross Fowler OAM; Glenn Cooper, University of Western Sydney; Tracy Leahy, Penrith City Council; Jennifer Randall, Penrith City Council; Grant Healey, Penrith Local Area Command; David Burns, Penrith City Council.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 4 September 2013

The minutes of the Penrith Valley Community Safety Partnership Meeting of 4 September 2013 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the Delivery of Community Safety Projects                                                 

Penrith Community Safety Plan

Allison Kyriakakis advised that after 18 months of planning and consultation, Council adopted the Penrith Community Safety Plan at its Ordinary meeting on 30 September 2013.

 

A number of copies were made available at the meeting and the Plan will also be available on Council’s website by the end of the week.

 

The Plan has now been submitted to the NSW Department of Attorney General and Justice seeking endorsement. If the Plan is endorsed, Council will be eligible to apply for funding under the NSW Government Crime Prevention Programs.

 

White Ribbon Day 2013

Erin Davidson provided an update on Council’s 2013 White Ribbon Day. This year Council hosted the annual White Ribbon event at the river on Wednesday 27 November 2013. Participants walked 3.5km from Weir Reserve, Penrith to Tench Reserve, Jamisontown where a lunchtime BBQ was provided, face painting for children and musical entertainment. 200 people from local businesses, the community and Council staff took the White Ribbon oath and signed their commitment on the banner to stop violence against women.

 

A PowerPoint Presentation was shown to reflect on the day’s success.

 

Litter Management Strategy

Allison advised that Council was successful in receiving a grant of $10,000 under the Keep Australia Beautiful Beverage Container Recycling Grants. Five (5) recycling bins have been purchased with the funding and they will be installed at Coachmans Park, St Marys and Tench Reserve, Jamisontown.

 

Allison further advised that the educational component of the project, Penrith’s Litter Free Promise has been activated on Council’s website. Council hopes that 1,000 residents will take the pledge by 31 December 2013 and promise to help keep Penrith clean. After taking the pledge a certificate can be downloaded from the website.

 

Walk Wise Project

Allison advised that the first small working group for the Walk Wise project was held on Tuesday 3 December 2013. The group will look at the development of a phone App that will identify safe walking paths across the City.

 

Gai Hawthorn advised that the Penrith CBD Corporation has already developed an App if the Walk Wise working group needs assistance.

 

Tench Reserve, Jamisontown has been identified as a suitable location to launch the project as many residents are already using the area for recreational activities and to exercise throughout the week at all hours of the day and evening. A suitable location in the St Marys area is yet to be identified.

 

Yvonne advised that Glenn Cooper from the University of Western Sydney is keen to reinstate the project at the University for students walking from Kingswood station to the Kingswood and Werrington campuses through Chapman Gardens.

 

Lighting will also be a component of the project and identified walking locations will be assessed for lighting upgrades.

 

Mondo Project

Katerina Tahija provided an update on the progress of the Youth Mondo Project.

 

The Mondo Youth Engagement project commenced in January 2012 and is due to cease as at January 2014.

 

The evaluation for the Project has been completed a few months ago and Katerina reported that incidents of crime have been reduced in all crime categories.

 

17,200 young people have attended events and activities within the space. 75 services have assisted to help deliver activities.  A number of young people have been employed with Council in an administration capacity to deliver the project each Thursday. They have provided peer mentorship and leadership to other young people that attend the project.

 

Councillor Marcus Cornish acknowledged everyone’s efforts towards the Mondo Youth Engagement Project, noting that it has been a great success and is a credit to Council.

 

The Mondo Youth Engagement Project has received 800 ‘likes’ on their Facebook page which has been a key tool for corresponding with young people who are engaged in the program.

 

Katerina concluded by advising that Council is seeking further funding to continue the Mondo Youth Engagement Project.

 

Brett McFadden advised that he would be happy to provide a letter of support if it will assist.

 

RECOMMENDED that the information contained in the report on Update on the Delivery of Community Safety Projects be received.

 

 

 

Regular Items

 

A)     Penrith Local Area Command Crime Statistics – Sep 2013 to Nov 2013

 

 

 

September

October

November

Assault

69

95

80

Robbery

2

4

1

Break & Enter

52

55

56

Stealing

139

205

191

Steal Motor Vehicle

22

24

30

Malicious Damage

84

112

105

Drug Detection

119

22

42

Traffic Offences

514

263

272

Motor Vehicle Accident

57

60

73

 

 

Brett McFadden advised that the Fernhill races were run well and there is potential to run more events with the same success.

 

Councillor Marcus Cornish asked if there has been any feedback regarding the pop up park in Penrith.  Police advise that no issues have been raised with them regarding the park.  Tracy Leahy advised that there are activities run in the park.  Councillor Karen McKeown further advised that feedback has been positive.

 

B)   St Marys Local Area Command Crime Statistics - Sep 2013 to Nov 2013

 

 

Crime Category

September

October

November

Assault

98

81

92

Robbery

8

7

5

Break & Enter

63

59

90

Stealing

126

154

142

Steal Motor Vehicle

18

31

37

Malicious Damage

113

95

103

Drug Detection

24

25

36

Traffic Offences

670

459

506

Motor Vehicle Accident

78

70

71

 

 

 

Michael Connolly advised that 20,000 residents attended the St Marys Spring Festival with only a few small issues.

 

The St Marys Police Youth Forum at St Marys Corner received low attendance which was speculated to be due to the school holidays, Michael suggested that next time the forum be held at a club (e.g. Band Club).

 

Julie Page asked if there have been any issues in the St Marys area since Target began 24/7 trading. Michael advised that there have been no issues.

 


What’s in the Media?

 

Media File September - November 2013

 

 

GENERAL BUSINESS

 

 GB 1         Julie Page – Sharps Disposal Bins

 

Julie advised that she has four (4) metal sharps disposal bins that have been delivered and ready for installation. Julie asked the Partnership if Floribunda Community Centre was a suitable location to install a bin and is seeking input on additional locations that could benefit from a sharps disposal bin. This is to be further investigated.

 

 

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

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 4 December, 2013 be adopted.

 

 

 


Ordinary Meeting                                                                                           16 December 2013

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 December, 2013

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car (arrived 7:36pm), Kevin Crameri OAM, Marcus Cornish, Greg Davies (arrived 7:05pm), Maurice Girotto (arrived 7:05pm), Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain (arrived 7:05pm) and Michelle Tormey (arrived 7:05pm).

 

APOLOGIES

There were no apologies.

 

 LEAVE OF ABSENCE

Leave of Absence was granted to Deputy Mayor, Councillor Jim Aitken OAM for 9 December 2013 and Councillor Mark Davies for the period 9 December 2013 to 21 December 2013 inclusive.

 

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

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

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 18 November 2013

The minutes of the Policy Review Committee Meeting of 18 November 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

Councillors Greg Davies, Maurice Girotto, John Thain and Michelle Tormey arrived at the meeting, the time being 7:05pm.
DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

8        Penrith Whitewater Stadium - Annual Report and Board of Directors

His Worship the Mayor, Councillor Ross Fowler OAM introduced the report and invited Jack Hodge, Stadium Manager from Penrith Whitewater Stadium to give a presentation.

Councillor Tricia Hitchen left the meeting, the time being 7:15pm.
Councillor Tricia Hitchen returned to the meeting, the time being 7:16pm.                                 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors  be received.

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited for 30 months from 1 July 2013.

3.     Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Whitewater Stadium Ltd.  

 

 

9        Penrith Performing and Visual Arts Ltd - Annual Report

Acting Assistant General Manager, Ruth Goldsmith introduced the report and invited Hania Radvan, CEO of Penrith Performing and Visual Arts Ltd and John Reed, Consulting Chief Financial Officer to give a presentation.

Councillor Marcus Cornish left the meeting, the time being 7:33pm.
Councillor Marcus Cornish returned to the meeting, the time being 7:34pm.

Councillor Prue Car arrived at the meeting, the time being 7:36pm.

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report be received.

2.     Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd for a further period of 30 months from 1 July 2013.

3.     Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Performing and Visual Arts Ltd.

 

 


Outcome 2 - We plan for our future growth

 

1        Planning Proposal for Penrith Local Environmental Plan                                            

RECOMMENDED

That:

1.     The information contained in the report on Planning Proposal for Penrith Local Environmental Plan be received.

2.       The Planning Proposal for Penrith Local Environmental Plan endorsed at the Ordinary meeting of 25 November 2013 be forwarded to the Minister for Planning and Infrastructure (once written advice on the outstanding B7 Business zone matter is received from the Department of Planning & 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.

3.       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.

4.     The Council Officers who assisted in the preparation of the Penrith Local Environmental Plan to date, be thanked on behalf of the Council for their efforts.

5.     Council write to the Department of Planning & Infrastructure thanking them for their assistance in progressing the Penrith Local Environmental Plan.

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

For

Against

 

Councillor Greg Davies

 

Councillor Prue Car

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Ben Goldfinch

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM    

 

Councillor Tricia Hitchen

 

 


 


2        Rescission of Footpath Construction Development Contributions Plan                       

RECOMMENDED

That:

1.     The information contained in the report on Rescission of Footpath Construction Development Contributions Plan be received.

2.     Council resolve to rescind the Footpath Construction Development Contributions Plan.

3.     Notices appear in the local newspaper advising the community of the rescission of the Plan, in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations, with rescission taking effect upon appearance of the second Notice.

4.     If any further Footpath Construction Contributions Plan contributions are received in relation to existing development consents, these be allocated to additional path construction, consistent with those locations described in the Plan.

5.     Review of the need for a new Footpath Construction s94 Plan be deferred until after the release of the new NSW Planning Bill.

6.     A further report be brought back to Council on the future funding for the upgrade and provision of pathways.

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

For

Against

 

Councillor Greg Davies

 

Councillor Prue Car

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Ben Goldfinch

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM    

 

Councillor Tricia Hitchen

 

 


 

3        Amendments to Council's Bushfire Prone Land Map                                                   

RECOMMENDED

That:

1.     The information contained in the report on Amendments to Council's Bushfire Prone Land Map be received.

2.     The amended bushfire prone map be adopted by Council.

3.     The adopted map be referred, with an accompanying letter, to the Commissioner of the Rural Fire Service requesting its endorsement and certification.

4.     Once the map has been certified by the Commissioner of the Rural Fire Service, the communication strategy outlined in the report be implemented.

 

4        IPART Draft Report on Local Infrastructure Benchmark Costs                                

RECOMMENDED

That:

1.     The information contained in the report on IPART Draft Report on Local Infrastructure Benchmark Costs be received.

2.     Council endorse the making of a submission by staff regarding IPART’s draft Report on Local Infrastructure Benchmark Costs by 17 January 2014.

3.     A copy of the submission forwarded to IPART be provided to Councillors at the end of the Christmas recess period.

 

5        Sydney Science Park                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Sydney Science Park be received.

2.     Council commence a Gateway process for the ultimate consideration of a Planning Proposal for the Sydney Science Park in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

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

For

Against

 

Councillor Greg Davies

 

Councillor Prue Car

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Ben Goldfinch

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM    

 

Councillor Tricia Hitchen

 

 

Outcome 5 - We care about our environment

 

6        Water Sensitive Urban Design (WSUD) Policy                                                               

RECOMMENDED

That:

1.     The information contained in the report on Water Sensitive Urban Design (WSUD) Policy be received.

2.     Council adopt the policy and advise the relevant industry groups of the new requirements with regards to the policy.

 

 

Outcome 7 - We have confidence in our Council

 

7        Local Infrastructure Renewal Scheme - Round 3                                                          

RECOMMENDED

That:

1.     The information contained in the report on Local Infrastructure Renewal Scheme - Round 3 be received.

2.     Applications be made under LIRS Round 3 for the General Revenue component of AREAS ($913,000), and for the CBD Drainage Program (borrowings of $5.7m, total project cost of approximately $7m).

3.     A letter be sent to the relevant Local Members thanking them for the funding being made available through the LIRS.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Sealing of Council owned land                                                                                

Councillor Marcus Cornish requested a report to Council on the sealing of Council owned land along Woodriff Street, Penrith.

 

RR 2          Use of Social Media by Council Controlled Entities                                             

Councillor Ben Goldfinch requested a report to Council on the use of social media by Council Controlled Entities and ways that Council can assist in the use of social media by the Controlled Entities.

 

 

RR 3          Congratulations Letter to the Hon. Stuart Ayres MP                                           

Councillor Bernard Bratusa requested that a letter of congratulations be sent to the Hon. Stuart Ayres MP congratulating him on his appointment as the Minister for Fair Trading, and Minister Assisting the Premier on Western Sydney. 

 

Councillor John Thain left the meeting, the time being 8:17pm.
Councillor John Thain returned to the meeting, the time being 8:18pm.

 

RR 4          Blindfolded Tours                                                                                                    

Councillor Tricia Hitchen informed Councillors of the Blindfolded tours being conducted along Woodriff Street to educate persons on the Traffic and Crossing accessibility at Woodriff Street.

 

There being no further business the Chairperson declared the meeting closed the time being 8:19pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 December, 2013 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Tender Reference 13/14-01 Provision of Ground and Lawn Maintenance Services         1

 

Outcome 2 - We plan for our future growth

 

2        Development Application 13/0279 - Proposed Mixed Use Development at Lot 11 DP 1162271 (No. 83-85) Union Road, Penrith. Applicant: Tom Zeaiter Constructions P/L Owner: Tom Zeaiter Constructions P/L & TCZ Investments P/L

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     13

    

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

 

3        Penrith Cricket Club - Grounds Maintenance Subsidy                                                    61

 

4        Library Working Party                                                                                                      67

 

Outcome 7 - We have confidence in our Council

 

5        Decision Making Arrangements During the Christmas/New Year Council Recess         71

 

6        Preparations and Settings for 2014-15 Operational Plan                                                 75

 

7        Classification of Property - 44 Station Street, Penrith                                                     83

 

8        Commercial Matter - Easement for Water Supply over Lot 1223 DP 1171492 - William Hart Crescent, North Penrith                                                                                                    85

 

9        Summary of Investments & Banking for the period of 1 November 2013 to 30 November 2013                                                                                                                                           88

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We can work close to home

 

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1        Tender Reference 13/14-01 Provision of Ground and Lawn Maintenance Services         1

 

 



Ordinary Meeting                                                                                           16 December 2013

 

 

 

1

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

 

Compiled by:               Jade Bradbury, Children's Services Business Coordinator

Authorised by:            Janet Keegan, Acting Executive Manager - City Planning & Community  

 

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

       

 

Previous Item:    Tender Reference 13/14-01 Provision of Ground and Lawn                                           Maintenance Services –Ordinary Meeting – 25 November 2013

 

Executive Summary

A tender for the provision of Ground and Lawn Maintenance Services in the Childcare Centres was advertised on 26 and 30 July and closed on 22 August 2013. The tender involves the mowing of grass areas, edge trimming, weeding of garden beds, blowing and vacuuming, watering and maintaining lawn and gardens, raking sandpits, removing rubbish, trimming trees and shrubs, maintaining front car park spaces, bindii treating lawn area, fertilising lawn areas, top dressing lawn areas as well as topping up sandpits, mulch and replacing plants and shrubs in garden areas as required.

 

At the Council’s Ordinary Meeting of 25 November 2013 it was resolved:

 

“308 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM

 

That:

 

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

2.   The matter be deferred for further discussion and a further report be brought back to the next Ordinary Council meeting”.

 

On 4 December 2013, a meeting was held with Councillor Bratusa, together with Janet Keegan, Jade Bradbury and Glenn Schuil to discuss the tender for the provision of ground and lawn maintenance. During this meeting, further information was provided on the tenders received, particularly the capabilities of the tenderers to perform the tasks required.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Newleaf Community Renewal Inc be accepted for the provision of Childcare Ground and Lawn Maintenance Services on an ‘as required basis’ for a period of three (3) years, with an option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance.

Tender and Evaluation Process

A tender for the provision of Ground and Lawn Maintenance Services on an ‘as required basis’ was advertised on the e-tendering website and in the Western Weekender on 26 and 30 July in the Sydney Morning Herald.  The tender closed on 22 August 2013.

 

Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria. 

 

All prospective tenderers were invited to attend a pre-tender briefing on 8 August 2013.  This briefing included an online demonstration on Council’s electronic tendering portal, and provided an opportunity for prospective tenderers to seek any necessary clarification of the specifications required to perform the scope of works.

 

The Tender Evaluation Panel consisted of Laura Schuil (Supply Officer - Contracts), Jade Bradbury (Children Services Business Coordinator) and was Chaired by Janet Keegan (Children's Services Manager).  The selection criteria advertised and used in assessing the tenders received included the following:

 

 

·    Demonstrated ability

·    Works method and program

·    Financials

·    Employment policies (apprenticeships)

·    Quality assurance systems

·    Environmental management systems

·    Work health and safety (WH&S)

·    Industrial relations

·    Commercial requirements

·    Conflict of interest.

Summary of Tenders Received

A total of 15 tenders were received. The applicants that responded to the advertised tender are provided in the table below (listed in alphabetical order):

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 Inc

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

 

Price Evaluation

 

Prices were requested for the following type of services:

 

·    Regular lawn and garden maintenance of the outdoor play area

·    Bi-monthly lawn and garden maintenance in the front car parks

·    Three monthly and annual lawn and garden maintenance tasks

·    Hourly rates for staff

A full listing of the tenders received is detailed below from lowest to highest (ex GST).

 

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 Inc

 $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

 

Criteria Evaluation

Following the evaluation of the fifteen (15) tenders, the Tender Evaluation Panel determined that the costs submitted by Hasadu Services Pty Ltd, ATF The Jims Mowing Sydney Unit Trust, VIP Home Services, Skyline Landscape Services Pty Ltd, Leabro Pty Ltd T/As Blades Property Maintenance were excessive in comparison to the others tendered and the Tender Evaluation Panel determined that there was no advantage to Council in considering their tenders any further.

 

The remaining eleven tenderers were then assessed for capability and cost:

 

·    TLC Indoor Gardens Pty Ltd

·    Star Property Maintenance NSW Pty Ltd

·    Complete Building Management Group Pty Ltd

·    Acland Group Pty Ltd

·    GJ Leadbeatter and K Leadbeatter

·    Australian Environmental Services Pty Ltd

·    Newleaf Community Renewal Inc

·    JandJJ Developments Pty Ltd

·    Waratah Lawncare and Garden Management

·    All Season Landscapes Pty Ltd

·    Jims Mowing South Penrith

 

Capability

Following the capability assessment against the evaluation criteria the Tender Evaluation Panel determined that the tenders submitted by Newleaf Community Renewal Inc, Waratah Lawncare and Garden Maintenance and Acland Group demonstrated a much higher level of ability against the evaluation criteria than the offers submitted by TLC Indoor Gardens Pty Ltd, Complete Building Management Group Pty Ltd, Star Property Maintenance NSW Pty Ltd, GJ Leadbeatter and K Leadbeatter, Australian Environmental Services Pty Ltd, J and JJ Developments Pty Ltd, All Seasons Landscapes Pty Ltd and Jims Mowing South Penrith.  For the latter tenderers, the particular areas of concern are listed below:

 

·     TLC Indoor Garden Pty Ltd: Allocation of staff hours was not realistic given the quality and standards required.

·     Star Property Maintenance NSW Pty Ltd: Lack of qualified staff combined with an unrealistic price increase after the first two years of the contract. The company has identified that they would increase their price by 10% in year three, then 10% in year four and then a further 5% in year five. Over the term of the tendered contract this would increase their tendered amount to $103, 901.50. Based on these significant increases, concerns were raised by the panel over the quality of work that Star Property Maintenance could provide noting that for the first two years of the contract, they would be paid $35,220 less than what they are currently receiving as the incumbent with the existing contract for lawn and garden maintenance in the Childcare Centres. The Panel was advised that Star Property Maintenance has had some challenges over the last three years in achieving and maintaining the quality of service Children’s Services has expected. Given these concerns and the fact that their tender is $35,220 cheaper than the amount currently paid for their services, the Panel considered that the quality they could provide could be jeopardised.

 

·     Complete Building Management Group Pty Ltd: Allocation of staffing resources and hours are not realistic given the quality and standards required. Limited information was also provided on WH&S and Environmental sustainable practices. The Panel considered that their hourly rate of $20.20 was unrealistic when the award rate under the Gardening and Lawn Award is $17.49 for a level 2 employee. This would only leave $2.71 for overhead costs, materials, on costs, etc.

·     GJ Leadbeatter and K Leadbeatter:  Based on the limited information provided by this company, the Panel was unable to assess their tender application with confidence and thus were not convinced that they could complete the tasks to the level required by the Tender Panel. Limited information was also provided for staff recruitment and training and development.

·     Australian Environmental Services Pty Ltd: Staff hours and schedule not realistic to complete required tasks to the quality and standard required. The hours allocated to complete the tasks outlined in the tender is 537 hours less than the benchmark of 2400 hours as determined by Children’s Services.

·     JandJJ Developments Pty Ltd: Provided limited information regarding how the company would plan to complete lawn and garden maintenance tasks across all of the services (considering time constraints, hourly cost, resource costs and location). Limited information was provided for staff recruitment, training and development and equal employment opportunity.

·     All Seasons Landscapes Pty Ltd: The Company did not specify the number of team members allocated to complete each of the tasks. The hourly rate was high compared to the other tenderers.

·     Jims Mowing South Penrith: Staff hours and schedule not realistic to complete the required tasks to the standard required.

Cost

The annualised cost for each of the remaining tenderers is shown in the following table. Also included is the number of annual staff hours allocated to complete all the lawn and garden maintenance tasks. A benchmark of 2,400 annual staff hours was used to evaluate the time it would take to complete the regular, bi-monthly and annual services of childcare centres.

 

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 Inc

 $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

 

Comments

The number of staff hours allocated by TLC Indoor Gardens Pty Ltd and All Seasons Landscapes Pty Ltd were substantially lower than the benchmark hours allocated to complete the tasks. The hours allocated by Complete Building Management Group Pty Ltd were excessively high given the hourly total cost allocated to complete the tasks.  On the information provided it appears that limited expenditure has been factored into the price to cover their materials and overhead costs. The Panel therefore was of the opinion that the hours allocated were not realistic to undertake the work in the tender to a high standard. Accordingly, the tenders for these three companies were not considered further by the Panel. The tendered price submitted by Jims Mowing South Penrith was substantially higher in comparison to the other tendered prices and the Tender Evaluation Panel determined that there was no advantage to Council in considering this tender further.

 

Following the decision made by the Council on 25 November 2013 to defer this matter and that a further report be brought back to the next Ordinary Council meeting, on 4 December 2013, a meeting was held with Councillor Bratusa, together with Janet Keegan, Jade Bradbury and Glenn Schuil to discuss the tender for the provision of ground and lawn maintenance. During this meeting, further information was provided on the tenders received, particularly the capabilities of the tenderers to perform the tasks required.

 

 

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

At the Board’s Meeting on 22 August 2013, the Council’s Children’s Services Business Coordinator advised on the progress of the tender for the lawn and garden maintenance and indicated that the tender review process had commenced. At the Board’s meeting held on 28 November 2013 the Board was provided with an update on the progress with the Council’s consideration of the tender.

 

Shortlisted Tenderers

Following phases one and two of the evaluation process the Tender Evaluation Panel determined that the following tenderers were the most advantageous to Council and were shortlisted for further evaluation:

 

·    Newleaf Community Renewal Inc

·    Warratah Lawncare and Garden Maintenance

·    Acland Group Pty Ltd

 

It should be noted that in the past the Council has incurred additional costs above and beyond the tendered expectations within a tender to repair or replace lawn areas, garden bed areas, shrubs and plants as well as fix erosion in playgrounds. The Tender Evaluation Panel are confident that these extra costs will be significantly reduced or eliminated with the correct maintenance and management program proposed by the preferred tenderer.

 

Comments on Shortlisted Tenderers

Newleaf Community Renewal Inc
Newleaf Community Renewal Inc is a Public Benevolent Institution that aims to alleviate the social, emotional and physical hardship suffered by poor, disadvantaged and disabled residents of the Fairfield and Liverpool local government areas with priority given to such residents in the suburb of Bonnyrigg. Newleaf is the result of a Public Private Partnership (PPP) between a consortium known as Bonnyrigg Partnerships (BP) and Housing New South Wales to revitalise the community of Bonnyrigg. Newleaf Community Renewal Inc is a public Company limited by guarantee. The Company is a not-for-profit Company registered with the Australian Charities and Not-For-Profit Commission. The project commenced on 20 April 2007. The Newleaf project has a 30 year horizon that focuses on an 81 hectare site which houses a mixed tenure community with a very high level of public housing.

 

Green Wings is a not-for-profit social enterprise employment program of Newleaf Community Renewal Inc which creates employment and training opportunities for young people who are socially disadvantaged or are long term unemployed. Green Wings provides property care services, training, and employment to local residents of the Liverpool and Fairfield areas. They currently undertake the lawn and garden maintenance of 1300 aged and disabled homes in the Liverpool and Fairfield area. The organisation also has a contract with Fairfield City Council to manage the Tarlington Reserve Bushland rejuvenation project as well as maintain blister gardens and restore verges in the Fairfield LGA.

 

A referee check with Fairfield City Council highlighted the quality of work as being of a high standard combined with the robust policies and processes implemented to ensure that work is done correctly.

Waratah Lawncare and Garden Maintenance

Waratah Lawncare and Garden Maintenance has been providing services in all aspects of horticulture since 1997. Waratah has been engaged by Macquarie Links Estate at Ingleburn to provide routine regular and non routine grounds maintenance for the entire Estate consisting of 365 homes and 120 villas. The company has been responsible for mowing, edging, pruning, pest and weed control, lawn aerating and garden maintenance on a routine basis, as well as non-routine re-plantings and tree management services, such as removals and pruning.

 

Waratah Lawncare and Garden Maintenance is $33,811.50 more expensive than the preferred tenderer and the Tender Evaluation Panel determined that there was no advantage to Council in considering their tender any further.

 

Acland Group Pty Ltd

The Acland Group Pty Ltd was established in 1995 as an electrical company. Acland Group Pty Ltd currently employs a large number of trade people, office and support staff and operates under numerous contracts. The company specialises in responsive 24 hour maintenance repairs and scheduled works and provides solutions and services in all aspects of electrical, plumbing, air conditioning, minor building works, property and grounds maintenance. The Acland Group currently manages 800 dwellings for Housing NSW and are responsible for the provision of gardening services including lawns, edges, gardens, gutters, pressure cleaning, mulching, tree trimming and graffiti removal.

 

Preferred Tenderer

Each tenderer shortlisted was assessed against the tender evaluation criteria and the individual price submitted. The assessment process showed that all shortlisted tenderers were capable of providing the service required. However, Newleaf Community Renewal Inc offered the best annual prices based on their allocation of staffing hours to maintain each of the sites.

 

Acland Group Pty Ltd offered the most competitive price; however the Tender Evaluation Panel had concerns over the number of staffing hours that were allocated to manage the regular and annual services at each of the sites. In their costing evaluation Acland Group Pty Ltd offered an hourly range depending on whether the work was completed during the week or over the weekend. If the work was completed during the week their hourly rate allocated was $41.00 (which is what the hourly evaluation total in the table above was calculated on); however if the work was completed on Saturday their hourly rate is $52.00 and on Sunday $58.00. As most of the work under this tender is completed on the weekend, there were concerns with the hours allocated to complete the regular and annual service. If we were to calculate their total hours based on $52.00, it would equate to 1582 hours which is 818 hours less than the benchmark of 2400. The company allocated only 1.65 hours on average to complete regular maintenance which includes grass mowing, trim edges, weeding garden beds, raking sandpits, removing rubbish and trimming trees and shrubs.  For their annual service they only allocated an average of 2.8 hours to fertilise, top dress and bindii treat all lawn areas as well as top up sandpits. It is considered that the hours allocated for these tasks are not appropriate to undertake the work proposed.

 

Newleaf Community Renewal Inc, on the other hand, allocated three hours on average to complete the regular service and between 10 to 20 hours to complete the annual service which provided a better representation and understanding of the different childcare sites and their size. Newleaf Community Renewal Inc advised that they would allocate a supervisor (appropriately qualified) that was directly responsible for the Penrith Council’s Children’s Services Contract. Additionally, the company provided extensive details on their environmental policy and WH&S processes and procedures.

Conclusion

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

 

The Panel is cognisant that the recommended tenderer is not the cheapest but the Panel is confident that the company will provide effective lawn and garden maintenance that is comparable with the amount spent in 2012/13 ($117,000.00). Newleaf Community Renewal Inc pays its staff in accordance with the Gardening and Landscape Award 2010.

 

The Tender Evaluation Panel is of the opinion that Newleaf Community Renewal Inc has provided the most advantageous tender and it is recommended that the company be awarded the contract for an annual amount of $115,386.00 ex GST.

Financial Services Manager’s Comment

During the assessment of the tender the panel sought and received independent reference, financial and performance checks for Newleaf Community Renewal Inc. These checks were completed by Corporate Scorecard Pty Ltd and were reviewed by Financial Services in conjunction with other relevant financial information provided. Based on this review no concerns were raised as to the ability of Newleaf Community Renewal Inc to perform the works described, with Corporate Scorecard confirming that the contract being considered was within their operating capacity and assigning the company a “strong” financial capacity rating.

 

The adoption of a sole supplier will ensure that the Council can continue to ensure value for money for Ground and Lawn Maintenance service across our Childcare Centres. The contract will be established on an as required basis and as such, all works completed will be undertaken within established operational budgets.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil, met to consider the tender for the provision of ground and lawn maintenance. The TAG made a number of enquiries and suggestions to the Tender Evaluation Panel regarding the evaluation of the shortlisted tenderers. Taking into account the additional information provided by the Panel, the TAG supports the recommended tenderer contained within this report.

 

 

 

 

 

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 Inc be awarded the contract for an annual amount of $115,386.00 ex GST for the Provision of Ground and Lawn Maintenance Services.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Development Application 13/0279 - Proposed Mixed Use Development at Lot 11 DP 1162271 (No. 83-85) Union Road, Penrith. Applicant: Tom Zeaiter Constructions P/L Owner: Tom Zeaiter Constructions P/L & TCZ Investments P/L

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     13

 

 



Ordinary Meeting                                                                                           16 December 2013

 

 

 

2

Development Application 13/0279 - Proposed Mixed Use Development at Lot 11 DP 1162271 (No. 83-85) Union Road, Penrith. Applicant: Tom Zeaiter Constructions P/L Owner: Tom Zeaiter Constructions P/L & TCZ Investments P/L
   

 

Compiled by:               Pukar Pradhan, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

      

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

 

Executive Summary

Council is in receipt of a Development Application for construction of an eight storey mixed use building comprising 48 apartments and 2 commercial units with basement and ground level parking.

 

The subject site is located within the B4 Mixed Use zone pursuant to Penrith Local Environmental Plan (LEP) 2008 - Penrith City Centre. The proposed mixed use development is defined as residential flat building and office/retail premises which are permissible in the B4 Mixed Use zone.

 

The site is identified as a “Key Site” in the LEP and the proposal has gone through the process of an assessment by a DRP at the pre-lodgement and development assessment stages. The proposal has been amended and refined during this process and the DRP has confirmed that the proposal has achieved design excellence in accordance with the LEP.

 

The development application was placed on public exhibition from 22 April 2013 to 6 May 2013 and 6 submissions were received that raised concerns regarding overshadowing, privacy, traffic and parking. These concerns are addressed in this report. It is considered that the proposal will deliver a high quality mixed use development within the city centre.

 

An assessment under Section 79C of the Environmental Planning and Assessment Act1979 has been undertaken.  The assessment finds that the proposed development will not introduce unreasonable impacts on the surrounding properties and area. After a detailed consideration of all matters, the report recommends that Council grants consent to the application. 

Background

Clause 26 of the LEP incorporates provisions regarding architectural design excellence. These provisions require an architectural design competition unless the Director General of the Department of Planning and Infrastructure agrees to waive this requirement on the basis that the proposal proceed through a Design Review Panel. The Director General agreed to the applicant’s request to waive the requirement for a design competition. A Design Review Panel (DRP) was subsequently established in accordance with the Minister’s Guidelines to determine whether or not the proposed design demonstrated architectural design excellence.

 

Based on the Minister’s Guidelines for Design Excellence, the Panel comprised an independent representative nominated by each party as follows:

    

Rob Puflett                   Applicant’s nominated Independent Architect           

Elisabeth Peet               Department of Planning & Infrastructure                   

Gabrielle Morrish          Council’s Urban Design Consultant                            

 

The DRP was to consider Clause 26(3) (a)-(f) of the LEP which sets out the criteria to be satisfied to achieve Design Excellence. This clause is discussed in detail in this report.  The first DRP meeting was held at Council’s offices on 25 January 2012 well before the application was lodged on 3 April 2013.  Through much deliberation, the DRP formed the view that the proposed development did not achieve ‘design excellence’ at that time.  Key issues related to the design of balconies, solar access to units and to adjoining lands and appropriateness of external finishes.

 

A second DRP meeting was held on 2 May 2012 where the applicant responded to the concerns of the DRP by way of a presentation of a new design that incorporated two separate buildings. The DRP supported this concept which would maintain some views to the west and minimise overshadowing to residential apartments located to the east of this site.  However, the applicant was required to consider improving solar access to the proposed apartments and those adjoining to the east of this site. The applicant was also advised to improve balcony design and retain street trees.

 

On 16 July 2012, the applicant provided amended plans responding to the matters raised by the DRP.  The DRP examined the amended plans and indicated that the amended concept would be satisfactory subject to some alterations to the design as follows:

 

·           Deletion of check board pattern to cladding;

·           Use of plain white mortar with expressed joints;

·           Use of brickwork on side elevations to walls and balconies facing Union Road and Lane; and

·           Use of white frosted glass instead of brown glass on the Union Road & Union Lane elevations.

 

The applicant incorporated the above matters in the design of the proposal and lodged the development application on 3 April 2013. These plans were further amended during the assessment of the proposal. The Director General of the Department of Planning and Infrastructure has given confirmation that design excellence has been achieved.

 

Site and Surrounds

The subject site is a rectangular shaped allotment which has an area of 1592m2. It has a frontage of 31m to Union Road and Union Lane. The site has a slight fall (1.3%) from Union Lane towards Union Road which is considered sufficient to facilitate site drainage. The site is currently vacant and there is no vegetation on the site.  Street trees exist on the Union Road frontage.

 

Residential flat buildings exist to the east and south of the site across Union Road.  A motor showroom and car yard exists to the west at the corner of Mulgoa Road and High Street and directly to the north of the site is vacant land.

 

The site is not bushfire prone nor flood affected, and all infrastructure services are available. 

 

The site is located approximately 500m from Penrith Railway Station (See Appendix 1: Locality Plan).

The Proposed Development

The proposed development involves construction of two eight storey towers comprising 48 apartments (1 x 1 bedroom, 41 x 2 bedroom and 6 x 3 bedroom) and two commercial units with ground level and basement parking. Details of the two towers are as follows:

 

Building 1:      Eight storey tower fronting Union Lane having commercial space at ground level and nineteen apartments on upper levels including 2 adaptable apartments. Lift access will be provided to all levels.

 

Building 2:      Eight storey tower fronting Union Road having commercial space at ground level and twenty nine apartments on upper levels including 2 adaptable apartments. Lift access will be provided to all levels.

 

Parking:           One basement level with 45 parking spaces and 8 parking spaces at ground level including 2 commercial parking spaces. A total of 53 parking spaces will be provided.

 

Access:       Vehicular ingress will be from Union Lane and egress to Union Road.

 

The application is accompanied by the following reports:

 

·        Architectural Plans, Photomontages and materials schedule and board, prepared by Architect David Collett;

·        Design Verification Statement, prepared by Architect David Collett;

·        Urban Design Report prepared by City Scape Planning + Projects;

·        Traffic Report prepared by Far West Consulting Engineers;

·        Landscape Plans prepared by site RFA Landscape Architects;

·        BASIX certified prepared by Architect David Collett;

·        Stormwater Management Plans, prepared by Far West Consulting Engineers; and

·        Waste Management Plan prepared by Cityscape Planning and Projects Pty Ltd.

 

(See Appendix 2: – Floor Plans and Elevations)

Planning Assessment

The amended development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979.  The main issues that have arisen in the assessment relate to:

 

·   Design Excellence

·   Building Height

·   Traffic and Parking Impacts

 

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

Penrith City Centre Local Environmental Plan 2008 (LEP)

The aims of the plan relevant to the subject development proposal are:

 

(a)   to strengthen the regional position of the Penrith City Centre as a multifunctional and innovative centre that encourages employment and economic growth,

(c)   to promote employment, residential, recreational and leisure, cultural, social and tourism opportunities within the Penrith city centre,

(d)   to respond to the economic and social needs of the region by providing centrally located services and facilities,

(e)   to facilitate new commercial and residential development in the Penrith city centre that is consistent with the desired future character of the area as described in the Penrith City Centre Development Control Plan 2007,

 (g)  to encourage development that contributes to the provision of alternative and sustainable access to the city centre,

(h)   to enhance access to the city centre, particularly by public transport, walking and cycling,

(i)    to facilitate the development of building design excellence appropriate for a regional city and improve the quality of urban design and ensure the public domain is safe and attractive,

(j)    to encourage responsible management, development and conservation of resources and to ensure that the Penrith city centre achieves sustainable social, economic and environmental outcomes,

 

The proposal provides a mix of predominately residential development and commercial/retail land uses close to the City Centre and with easy access to transport networks.  The buildings have been designed to reflect contemporary architecture and optimise environmentally sustainable outcomes in their structure and fixtures. 

 

Under the provisions of PLEP 2008, the land is zoned B4 Mixed Use. The proposal is defined as residential flat buildings and office/retail premises which are permissible uses in the zone with Council’s consent.

 

The objectives of the B4 Mixed Use zone are:

 

·    To provide a mixture of compatible land uses.

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

·    To provide a wide range of retail, business, office, residential, community and other suitable land uses.

·    To create opportunities to improve the public domain.

·    To provide for the retention and creation of view corridors.

 

The mix of land uses proposed are compatible to city living and working opportunities, close to public transport.  The public and private domain will be enhanced with active street frontages, landscaping and appropriate night lighting.   View corridors from Union Lane and Union Road to the Blue Mountains escarpment will be retained from the public domain and other viewing opportunities will be enhanced from the space between the two towers.

Principal Development Standards 

The following development standards are relevant to the development assessment: 

 

Clause 21   Height of buildings

 

The Height of Buildings Map in the LEP identifies a 24 metre height limit for the site. The proposed building height varies from 21.50m to 26.0m.

 

The two buildings have a small central part at a height of 26.0m from the natural ground level. This part occupies about 30% of the roof area. All other parts of the building which have habitable areas are only 21.50m and 23.80m high which are lower than the maximum allowed height of 24.0m[P1] 

 

Clause 24   Floor space ratio

 

The Floor Space Ratio (FSR) Map in LEP identifies a ratio of 3:1 for the site.

 

This subject site has a total land area of 1,592m2. The proposed buildings have a floor area of 4,457.60m2 which equates to FSR of 2.8:1.  This is less than the maximum FSR allowed for this site which is satisfactory.

 

Clause 25   Minimum building street frontage

 

This clause requires a minimum street frontage of 20 metres to at least one street in the B4 Mixed Use zone.  The site has a frontage of 31.17 metres to Union Road and a frontage to Union Lane of 30.85 metres which is satisfactory.

 

Clause 26   Design excellence

 

In accordance with Clause 26(3), the DRP considered in detail:

 

“(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)     whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

(c)     whether the proposed development detrimentally impacts on view corridors,

(d)     whether the proposed development detrimentally impacts on any land referred to in clause 23,

(e)     the requirements of the city Centre Development Control Plan,

(f)      how the proposed development addresses the following matters

(i)      the suitability of the land for development,

(ii)     existing and proposed uses and use mix,

(iii)    heritage issues and streetscape constraints,

(iv)    the relationship of the proposed building with other buildings (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v)     bulk, massing and modulation of buildings,

(vi)    street frontage heights,

(vii)   environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii)  the achievement of the principles of ecologically sustainable development,

(ix)    pedestrian, cycle, vehicular and service access, circulation and requirements,

(x)     the impact on, and any proposed improvements to, the public domain.”

 

The DRP has examined the current design and application and confirmed that the proposal will deliver a high quality residential apartment development with ancillary commercial floor space at ground level in close proximity to the city centre and fulfil the objectives of the mixed use zone. The DRP have confirmed that the current plans achieve design excellence in accordance with the LEP.

 

Clause 26(6), allows a height bonus or a floor space bonus of up to 10% provided that the design satisfied the ‘design excellence’ clause.  The applicant has requested for this height bonus under this Clause. Clause 26(6) states that:

 

“The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of up to 10% greater than that allowed by Clause 24 or a height of up to 10% greater than that allowed by Clause 21, but only if:

(a)        the design of the building or alteration is the result of an architectural design competition, and

(b)        the concurrence of the Director-General has been obtained to the development application.”

 

The applicant under Clause 26(6) has sought variation to the maximum allowed building height of 24.0m. The variation to building height equates to approximately 8%. The area of non-compliance relates to the central part of the building and only occupies one third of the roof area. These areas are recessed further away from the sides of the buildings so that they result in having less overshadowing impacts to adjoining properties.  This also assists in providing an architectural feature and stepping to the horizontal parapet form of the buildings. In general the buildings are considered to provide a good architectural design outcome that will set a bench mark for any other future developments in that area[P2] .

 

The design has been examined by both DRP and the DoP who have found it to be consistent with the bulk, scale and design requirements under the LEP. The height variation is supported due to reasons cited above. 

 

Clause 27   Car Parking

 

The parking requirements under LEP 2008 are as follows:

 

·    Minimum 1 parking space per 60m2 to be provided for commercial tenancies;

·    Minimum 1 space per 30m2 for retail tenancies.

 

Council on 25 November 2013 adopted an Interim Parking Policy for Penrith CBD area which will lower the number of onsite parking requirements for commercial premises from 1 per 60sqm to 1 per 100sqm until such time as a new parking rate is adapted in a new DCP and removed from the current LEP.

 

In respect to the Penrith City Centre DCP 2007 the following rates to the residential component of the proposal apply:

 

·    Maximum 1 space per one or two bedroom apartments;

·    Maximum 1.5 spaces per three bedroom apartments;

·    Maximum 1 visitor space per 20 apartments;

·    Maximum 1 spacer per 50 units for service vehicles and car washing bays, up to 4 spaces. 

 

Parking requirement/provision for the proposed development is shown in the following table:

 

Floor space and/or Nos of residential apartments

Car Parking Required

Car Parking Proposed

Commercial area = 275m2 

Commercial @ 1/100 m2 = 3 spaces[P3] 

 2

1 bedroom = 1 unit

@ 1/1 = 1 space

2 bedroom = 41 units

@ 1/1 = 41 spaces

 

3 bedroom = 6 units

@1/1.5 = 9 spaces

48 for all apartments

Visitors = 1/20 units

@ 1/20 apartments  = 2.4   spaces

3

Car wash area 1/50units

1 car wash bay

Imposed as condition

Total

57.4 spaces

53 spaces

 

A total 53 car parking spaces are proposed representing a shortfall of 5 spaces.

 

The number of onsite parking for the proposed 275m² of commercial area will now equate to only 3. The applicant will therefore be required to pay S94 contributions for 1 parking space.

 

Council’s Traffic Section has assessed the proposed parking and they have provided the following comments:

 

‘The proposal allows for 1 parking space for each apartment. The site is located close to Penrith CBD, Penrith Train Station and transportation facilities are easily accessible from this development. This will reduce the use of cars by the residents and visitors. 

 

Visitor and commercial spaces are proposed at the Union Lane frontage, external to the controlled security gate and will not be able to access the internal driveway to leave the site via Union Road.  All residential and commercial unit occupants will be provided with security access card which they can use to leave the site through the basement roller gate and to Union Road to exit the property. However, the three visitor parking spaces will need to use the Union Lane to leave the site. It is also noted that existing “No Stopping” restriction apply along Union Lane and would eliminate any potential of on street parking. A condition will be imposed to ensure that spaces for commercial car parking are clearly allocated and marked. (See Standard Condition K027 and Special Condition 3.6).

 

 

The proposed parking configuration is otherwise considered satisfactory for the proposed development.

 

Clause 28   Ground floor development within Zones B3 and B4

 

This clause requires that the ground floor of any development has an active street frontage and be used for commercial or retail activities.  Exceptions are provided where lobbies, vehicle and fire service access is required.

 

The ground floor of Building1 and 2 of proposed development will primarily consist of commercial activities, the exact nature of which will be determined via future development applications. These commercial uses will provide a continuous active area across the Union Road and Union Lane frontage. The proposed pedestrian link from Union Lane to Union Road via internal garden area also provides opportunities for activation and passive surveillance of the site. 

 

In order to ensure that the commercial units are generally occupied and properly managed, the applicant has been required to prepare a commercial tenancy plan. A condition has been imposed requiring this plan to be submitted to Council for consideration and approval with the construction certificate. (Special Condition No. 3.3)

 

Clause 29   Building separation

 

A separation between the subject buildings and the neighbouring buildings is required to maintain amenity and reduce adverse privacy and shadow impacts between properties. The distances from neighbouring buildings and between separate parts of the same building is not to be less than that required by the City Centre Development Control Plan.

 

The building separation provided between Building 1 and Building 2 is 12m at lower level and 13m at upper levels. This separation will maintain privacy and minimise overshadowing impacts.

 

This proposed development and the apartment building located to the east of this site provides a 3.0m building setback to their common eastern boundary. The shortest distance between the proposed buildings and the existing residential flat building to the east will vary from 6.0m at ground level and between 9m and 13m at levels 3 and 4. This is considered to be adequate separation to maintain privacy and reduce overshadowing impacts to existing apartment building. It is considered that the proposal satisfies the intent of this clause.

 


Clause 30   Ecologically sustainable development

 

This Clause requires consideration of ecologically sustainable development (ESD), based on a “whole of building” approach, which includes

 

(a)           conserving energy and reducing carbon dioxide emissions

(b)           embodied energy in materials and building processes

(c)           building design and orientation

(d)           passive solar design and day lighting

(e)           natural ventilation

(f)            energy efficiency and conservation

(g)           water conservation and water reuse

(h)           waste minimisation and recycling

(i)            reduction of car dependence

(j)            potential for adaptive reuse

 

A BASIX certificate was also provided for the residential component of the development. The requirements of BASIX are to meet targets of 40% water reduction and 30% energy reduction.  The proposal achieves 55% water reduction and 46% in energy reduction. Some of the measures that the residential design incorporates to achieve these levels are as follows:

 

·    10,000 litres capacity rainwater tank is provided at the basement for use in irrigation of common area and landscape areas;

·    provision of water efficient appliances, tapware, fittings and fixtures throughout the building;

·    provision of energy efficient gas and electric appliances in kitchen, laundries;

·    Balconies with overhangs and shading.

·    Light weight internal structure using plantation timber partitions with plasterboard linings.

·    Light weight partitions will reduce the dead weight on the structure and reduce the quantity of structural steel reinforcement.

·    Light weight partitions will allow for modifying adaptable units to suit accessible units as required.

·    Household waste will be discarded thru chutes that separate from garbage and recycled product.  These chutes will compact waste therefore providing less bulky waste product.

·    There are a number of landscaped areas on Private and Common terraces that can be used for vegetable planting.

·    Basement rainwater tanks will store water for reuse for landscape watering.

 

The proposed development satisfies the intent of this Clause.  

 

Sydney Regional Environmental Plan 20 – Hawkesbury Nepean River

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

 

The drainage design required careful consideration as the existing drainage system in Union Lane and Union Road is at capacity. Council would not permit a large amount of stormwater runoff from the site to be discharged directly into the kerb and gutter and so the existing piped drainage system to service the development. 

 

Council’s Senior Development Engineer has assessed the hydraulic plans and raised no objection to the proposal. The crest provided in the driveway to the basement is below the height of the kerb and will need to be raised slightly by 150mm in order to provide adequate protection against flooding from external stormwater runoff.  This has been recommended in the conditions.  (See Special Condition 3.2)

 

Subject to appropriate conditions, the proposal will be consistent with the Policy, particularly in relation to total catchment management and water quality in the metropolitan area. 

 

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

 

Pursuant to Clause 7 of SEPP 55, a consent authority is unable to grant development consent unless it has considered whether the land is contaminated and, if so, whether it is satisfied that the land is suitable in its contaminated state, or can be remediated to be made suitable for the purposes for which the development is proposed to be carried out.

 

The site is not listed on Council’s records as being subject to contamination. The site is not considered to be subject to contamination and the provisions of the SEPP are satisfied.

 

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings

This Policy aims to improve the design quality of residential flat development.  It promotes sustainability, a better built form (Buildings, streetscapes and public domain), housing to match the community’s expectations and demand, and also promotes improved amenity and safety for occupants.

 

SEPP 65 does not contain numerical standards, but refers to “Residential Flat Design Code” (also known as The Orange Book).   The Code provides additional detail and guidance for applying the design quality principles outlined in SEPP 65.  The SEPP takes precedence over an LEP or DCP where there may be any inconsistencies.  Council needs to be satisfied that the proposed development achieves a satisfactory outcome in respect of each of the ten design quality principles as follows[P4] :-

 

1       Context

2        Scale

3        Built form

4        Density

5        Resource, energy and water efficiency

6        Landscape

7        Amenity

8        Safety and security

9        Social dimensions

10      Aesthetics

 

A Design Verification Statement indicating the proposal’s compliance with the ten design quality principles of SEPP 65 has been undertaken by David Collett, Registered Architect.

 

The development is consistent in scale and the built form with existing and what is expected to occur in the area and complies with the expectation of the LEP for City Centre.

 

The development proposes to use sustainable materials, incorporates passive solar design principles and landscaping (including deep planting and adequate associated planted areas). The proposal therefore generally meets the relevant requirements for resource, energy, water efficiency and landscaping.

 

The proposed units meet the relevant environmental amenity requirements in terms of solar access, ventilation, and privacy.

 

Safety and security issues have been adequately addressed by orienting commercial areas towards the street frontage in order to provide adequate passive surveillance and with additional conditions being imposed for lighting and security at entrances.

 

The development proposes a number of one, two and three bedroom dwelling units suitable for small and large families. The proposal is appropriate regarding social aspects.

 

The development responds appropriately to the aesthetic environment within the streetscape. The development is considered to respond adequately to its context.

 

The design was finalised and accepted by the DRP and is therefore considered that the development proposal is consistent with the design quality principles of SEPP 65. 

 

See Appendix 3 for details of compliance with the 10 design principles.

 

Section 79C (1) (a) (ii) – Any Draft Environmental Planning Instrument

Draft City Wide LEP Stage 2

The proposal is consistent with the aims, objectives and permissibility of the recently exhibited Draft LEP.

Draft SEPP 66 – Integration of Land Use and Transport 

The Draft SEPP aims to ensure that urban structure, building forms, land use locations, development designs, subdivision and street layouts help achieve the following planning objectives:

(a)    improving accessibility to housing, employment and services by walking, cycling, and public transport;

(b)    improving the choice of transport and reducing dependence solely on cars for travel purposes

(c)    moderating growth in the demand for travel and the distances travelled, especially by car;

(d)    supporting the efficient and viable operation of public transport services;

(e)    providing for the efficient movement of freight.

Clause 7 of the Draft SEPP indicates that it relates to developments having a gross floor space of more than 1,000m2 and, although not specifically related to mixed use development,  includes:-

7(a) development for the purposes of retailing,

(c)   offices …

(f)    parking stations having more than 200 spaces

As such, consideration of the Draft SEPP 66 has been made. 

 

The development is consistent with the objectives of the Draft SEPP 66, being located in the City Centre, close to transport connections, pedestrian networks and ample bicycle parking is available.  Employment opportunities will be available during construction and after occupation, reducing the demand for travel to other centres.

 

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

Penrith City Centre DCP 2007

Clause 1.9  City Centre Character Areas

 

The subject property is located with the Civic and Cultural Precinct which suggests that cultural developments can be combined with higher density residential uses to complement and bring additional lift to the civic precinct.  The area should have a live-work character.  The proposed development will suit the desired future character of this precinct.

 

City West (Mixed Use)

 

This area has been recommended in the DCP as potential for redevelopment, primarily as a high density residential precinct that will complement and bring additional activity to the adjoining civic and cultural precinct. It is considered that the proposal achieves this.

 

Clause 2.2       Street Frontage Heights

 

This clause aims to provide consistent, comfortable streetscapes with relevant variation through the City Centre. 

 

For this site, at the street frontage, the height of the building is required to be 24.0m.  This development provides a 21.50m along Union Lane and 23.80m along Union Road street frontages and hence consistent with this clause.

 

The consistency of the streetscape in this precinct will be determined as future developments occur, and if those developments contain a mix of land uses.

 


Clause 2.3      Building depth and bulk

 

This clause notes that mixed use buildings have larger commercial floor plates combined with smaller residential floors, and provides a floor plate maximum area dependent on the height of a building. 

 

The DRP accepted the design merit of the proposal, inclusive of building depth and bulk and the development has been found to be consistent with this clause and reasonable for this proposal. 

 

Clause 2.4      Side and Rear Building setbacks

 

The development provides for 3.0m building setback to eastern boundary and zero metres setback to western boundary from commercial units.  The development provides approximately 9.0m to 13.0m building separation to existing apartment building located to the east of this site and provides adequate privacy to both buildings. Again, the DRP considered the proposed setbacks and accepted the general building envelope and overall design outcome for the site. 

 

2.7 Landscape

 

A landscape plan accompanies the development application. Ground covers, shrubs and trees are proposed within the setback areas. Central ground floor area and both street frontages on commercial units will have courtyard gardens with a mix of small trees, shrub plantings, and groundcovers.  The landscape plan is prepared by a landscape consultant who is registered with Council

 

Clause 3.1  Permeability (Existing and Desired Links)

 

To improve permeability for pedestrians and vehicles in the City Centre, additional pedestrian links such as arcades, lanes, and shared zones are proposed by the DCP as redevelopment occurs.  The map that supplements this clause shows a ‘desired new road to the west of the subject land, running north/south between High Street and Union Road.  This desired road does not have a direct frontage with the subject land being removed to the west by one allotment. This development has however made provision to allow for opening of a ground floor section of the western elevation to enable an active streetscape with the future road if required depending on the future redevelopment of the adjoining land parcel.

 

3.4 Safety and Security

The principles of this part of the DCP require a safe and secure development and public domain with adequate lighting, visual access and passive surveillance to all areas of the site.

 

It is considered that with appropriate safety and security management, the proposed development can provide activation and passive surveillance within the building to reduce the risk of crime in the building and the immediate vicinity. The commercial land uses nominated on the development plans are conceptual only and would be subject to future development applications, where hours of operation, nature of the business, expected number of patrons will be fully considered.   The use of commercial units would allow for passive surveillance and deter any anti social activities along that street.

 

An assessment of the proposed plans has been undertaken by Council’s Community Safety Section and a number of conditions reflecting CPTED principles have been recommended to be imposed for maintaining safety and security within and around the property. These conditions include aspects regarding lighting, basement security, landscaping, walkways, graffiti, and building/site identification.  (See Special Conditions 3.8, 3.9, and 3.10).

 

It is acknowledged, however, that although criminal activity may be reduced and safety will be increased through good design and management, there is no guarantee that all risks have been identified or that the areas will be free from criminal activity.

 

5.6 Waste Minimising

 

Although there is no demolition to take place on the site, substantial excavation will be required and that material will be disposed of in accordance with Council’s requirements. The Waste Management Plan indicates that waste will be separated and stored in bins or specified stockpiles and removed as necessary.  Where possible, materials will be sorted for recycling.  

 

Consideration has also been given to manoeuvring access for garbage servicing vehicles, (residential and commercial/retail), ramp gradients, and location capacity of storage facilities.   Waste management for the commercial tenancies will be assessed separately in future development applications. 

 

Garbage vehicles will be able to access the site via Union Lane driveway and Union Street.  Residential garbage bins will be collected by Council’s contractors and bins will be wheeled out and back in to the bin storage rooms. A condition has been imposed to fit appropriate lock that is consistent with Council’s requirements. (Special Condition No. 3.13). The commercial waste would be collected by private contractors.  

 

[P5] Penrith City Centre Civic Improvement Plan

This Plan is one of the four City Centre plans prepared jointly by the Department of Planning and Council.  The Plan outlines the framework for contributions to be made towards funding and provision of infrastructure in association with development in the City Centre. 

 

This Plan came into effect on 5 December, 2008 and applies to the subject site with respect to developer contributions.   The Plan outlines City Centre projects and the following rates contribute towards those projects. 

 

Contributions payable by the subject development application are discussed later in this report.

 

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

Environmental Planning and Assessment Regulation 2000

Clause 50 of the Regulation provides that a development application for a residential flat development, lodged on or after 1 December, 2003, must be accompanied by a design verification statement from a qualified designer that confirms that:

 

(a)     he or she has designed, or directed the design, of the residential flat development, and

(b)     the design quality principles set out in Part 2 of the Environmental Planning Policy No 65 – Design quality of Residential Flat Development area achieved for the residential flat development. 

 

This statement has been received from David Collett satisfying the Regulation.  The architect’s associated report pursuant to SEPP 65, as discussed earlier in this report, has also been submitted satisfying the Regulation.

 

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

Architectural

The buildings have been design in contemporary architecture and the two tower building design concept works well in this location which minimises over shadowing and also maintains view to escarpment for adjoining apartment building located to the east of this site. This also assist to reduce the scale of the development is visually. The built forms have distinct horizontal and vertical emphasis respectively that positively impact upon the manner in which the buildings are visually perceived.

 

The lower commercial levels are presented visually as two separate built forms as a consequence of their separation by the through site link.  This allows for the application of distinctive architectural detail that emphasises their appearance as distinct, yet cohesive built forms with streetscape.

 

The development also presents  well articulated elevations across all elements of the development façade, with materials and colours selected to reinforce the integrated design approach.  Although the external colours shown on the plans  are satisfactory, a condition is recommended for the applicant to provide further samples of the external building materials in order to ensure that the building externally will be of high standard in the area. (Special Condition No. 3.1)

 

As indicated, the architectural aspects of the proposed mixed use complex have been considered in detail by a Design Review Panel, set up in accordance with the Minister’s Guidelines for Design Excellence.  

 

The DRP found that the design had satisfactorily achieved the architectural requirements set, and agreed to the design. 

 

Traffic 

 

In assessing the development application, consideration has been given to the likely traffic impact that would be generated from this proposal. 

 

The site benefits from two street frontages and the development provides two driveway access points which aid in the dispersal of traffic generated to/from the site. 

 

A Traffic Report prepared by Far West Consulting Engineers dated 7 March 2013 was submitted with the application which detailed the estimated vehicle trip generation. The traffic report was examined by Council’s Traffic Engineers and found to be satisfactory.  

 

The use of both roads to access and leave the property aids in the dispersal of traffic generated to/from the site.  These vehicle numbers generated from this development are not considered to be significant and would have negligible impact on the intersections of Worth St/Union Rd and Worth St/Union Lane.

  

In addition, “No Stopping” restrictions will be placed 10 metres either side of the access driveway to the temporary car park in Union Road.  (See Special Condition 3.7)

 

It is therefore concluded that there will be no significant adverse traffic impacts expected from the additional traffic generated by the development and it is anticipated that the local road network in the City Centre will have adequate spare capacity to cater for this traffic generation.   

 

Access and Circulation

 

The site benefits from two street frontages.  Entry driveway is proposed from Union Lane and exit driveway via Union Road as one way traffic movement. 

 

Clear directional signage will be required at the entrance to the basement car park from Union Lane to read “Entrance Only” and a sign to read “Exit Only” along Union Road driveway to minimise traffic flow along Union Lane (See Special Condition 3.10 & 3.13 (ii)). 

 

It is indicated that garbage collection will be via Union Road and Union Lane. Opportunity is now available for garbage trucks to turn into Union Lane driveway which will be required to be constructed to withstand garbage truck weight.

 

Existing “No Stopping” restrictions apply in Union Lane to prevent on street parking on that lane.  

 

The required sight lines around the driveway entrance should not be compromised by street trees, landscaping or fencing and to ensure this a condition has been recommended in the condition of consent.

 

A condition will also be imposed to ensure that car parking spaces are not sublet and are retained for users of the complex only. (See Special Condition 3.5).

 

Shadow impacts

 

The mid-winter shadow diagrams provided by the applicant demonstrate that, this building will cast a shadow to certain parts of the adjoining apartment building to the east. 

 

The apartment building to the east of this site will only start to be overshadowed after midday and will initially be impacted in the lower portion of the building. The existing solar access enjoyed by the adjoining apartment building  will be impacted by the proposed buildings but it will achieve the minimum 3 hours of solar access on the 21 June access between 9am and 12noon. 

 

The DRP carefully considered this matter, particularly in response to objections received (discussed later in this report). The “rule of thumb” in the Residential Flat Design Guide states that 70% of apartments in a development should receive a minimum of 3 hours direct sunlight between 9am and 3pm.  The development allows for 79% (38) of the units achieving 3 hours solar access.

 

Privacy

 

It is considered that the proposed setbacks and building separation provided in the building design maximise privacy between properties as much as possible. 

 

Noise

 

Excavation and construction noise can be controlled as much as possible through the provisions of the Protection of the Environment Operations Act 1997 and the NSW Environment Protection Authority Noise Control Guidelines.   Excavation/construction hours will be limited to

 

·          Mondays to Fridays, 7am to 6pm

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

·          No work is permitted on Sundays and Public Holidays.

 

Other construction works carried out inside a building/tenancy and do not involve the use of equipment that emits noise are not restricted to the construction hours stated above.  A condition in this regard is imposed.

 

The additional traffic generated by the proposed mixed use complex has been considered in detail and has been found to be at acceptable levels for the precinct.  In a City Centre environment these activities are reasonable and acceptable. 

 

Social and Economic Impacts

As a major development for the City Centre, this proposal is considered to have positive social and economic impacts such as:

 

·          The development provides for mixed use, environmentally friendly office space and residential apartments to attract and retain businesses for a regional city; 

·          Opportunities for employment will be increased during construction of the building and after occupation of the retail and commercial tenancies; 

·          The complex also has the potential to allow employees of the CBD to reside close to their place of employment;

·          Housing choice within the City;

·          The proposed development will provide new and enhanced public domain areas.

 

Building Code of Australia

The building is classified as Class 2 Apartments, Class 6 commercial and Class 7a Car Park under the terms of the Building Code of Australia.  Standard conditions on fire safety are recommended to be imposed including compliance requirements for essential services and fire safety certification.

 

The effective height of the building is defined by the Building Code of Australia as:

 

“Effective height means the height to the floor of the topmost storey (excluding the topmost storey if it contains only heating, ventilating, lift or other equipment, water tanks or similar service units) from the floor of the lowest storey providing direct egress to a road or open space”.

 

The building components extending beyond 25 metres in height are for lifts and services only so are not included in effective height. As the building is less than 25 metres in effective height, no additional fire isolated stairs, lifts, sprinklers or emergency communication systems are required.

 

Accessibility for people with disabilities

The development provides lift for both building and can be accessed from the basement and ground level to all areas including adaptable units.  It has been designed to satisfy the Building Code of Australia and the relevant Australian Standards in relation to access requirements and can satisfy the requirements of the Disability Discrimination Act 1992. 

 

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

The proposed development is appropriate to the site due to its connection to the Penrith City Centre.  The land is nominated as appropriate for a mix of land uses, being within short distance to the retail and commercial hub of the City Centre, the civic and cultural precinct, as well as public transport.  No significant vegetation occurs on the property to restrict development.  The site or lands in the immediate vicinity do not contain any identified items of Aboriginal or European heritage.  The site is not bushfire prone and all infrastructure services are available. The land size and shape is suitable for the development of a this scale.

The site is suitable for the proposed development.

 

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

Referrals

The application was also referred to the following Council officers and their comments and conditions have formed part of the assessment and report:-

 

Senior Building Surveyor, Community Safety Co-ordinator, Senior Development Engineer, Senior Traffic Engineer, Urban Design Review Panel and Waste Services Co-ordinator.

 

All have raised no objection to the proposal subject to imposition of recommended conditions.

 

Community Consultation

In accordance with Part 2.7 Notification and Advertising of DCP 2006, the original design of the application was placed on public advertising and notification from 22 April 2013 to 6 May 2013.

 

Six submissions were received and common issues raised are listed below and one of which was in support of this development:

 

·          Traffic generation impacts particularly with use of Union Lane

·          Potential for on street parking 

·          Overshadowing impacts

·          Privacy impacts

·          Noise from garbage trucks

·          Loss of viewscape to escarpment

 

A Councillor briefing meeting was held on 4 November 2013 that advised Councillors of the progress of the development application.  Some of the matters that were requested to be clarified related to the BCA, sustainability principles, cumulative traffic impact, accessible adaptable units and urban design. Most of these have been discussed in different parts of the report and found to be reasonably addressed in the design or by way of condition of consent.

 

Traffic increase

Concern was raised regarding potential traffic increase from this development and in particular to vehicles in Union Lane accessing the driveway to basement car park. 

Union Lane remains the main point of access to this site.  The potential impact of traffic in the lane and road network has been assessed in detail by Council’s Senior Development Engineers.

 

All vehicles will be required to enter from Union Lane and leave the building in a forward direction via basement parking area to Union Road. Garbage trucks currently enter the Lane reversing in and now there is potential for truck to turn within this driveway if desired.   Proposed one way traffic movement proposed has been found to be satisfactory.  Council’s Traffic Engineer has concluded that the traffic generated from this development is unlikely to have detrimental impact to the local road network.

 

Potential for on street parking 

As discussed in earlier part of the report, the development has demonstrated that it would provide sufficient onsite parking spaces for the proposed development.  The development being located in close proximity to Penrith CBD and Train Station with public transportation within walking distance, the residents would likely to walk to public transport and to work. There are public parking spaces located within 50m to the west of this site and 150m to the east of this site for any visitors to use visiting this development if onsite parking is not available. There is also “No Stopping” sign in Union Lane.

 

Overshadowing impacts

As discussed earlier part of this report, the development is unlikely to have significant adverse overshadowing impact on this or adjoining development.

 

Privacy impacts

The development provides for adequate building separation to minimise any perceived loss of privacy within and on to adjoining apartment. The development generally conforms to SEPP 65 requirements and the DRP has accepted the design outcome of this development.

 

Noise from garbage trucks

Noise generated from garbage truck is unlikely to have significant noise impact. 

 

Loss of viewscape to escarpment

The building has been design with two separate towers to allow for some viewscape to escarpment from the central gap.  This matter has been examined by the DRP and found to be reasonable urban design outcome.

 

In view of the above, the proposal is considered to be reasonable for the site without having significant impact to the existing amenity of the area and there is no substantial justification to refuse the application.

 

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

The construction of a mixed use residential/commercial building in the city centre will transform this part of the centre and its streetscape. The proposed development will have positive social and economic impact on the city centre. The surrounding retail/commercial uses will have positive impacts as a result of this development. It is considered that the proposal will serve a wider public interest.

Section 94 Contributions  

The Section 94 plans which apply to this development are the Civic Improvement Plan 2008, and the City wide plans relating to residential development for District Open Space and Cultural Facilities. 

 

In accordance with the Civic Improvement Plan 2008, car parking contributions only apply to spaces not provided on site for commercial floor space which in this case is one space.  The shortfall in residential car parking that applies to this development cannot be levied.

 

Assessment of the applicable Section 94 contributions for the proposal is shown in the following tables: 

 

Plan

Rate

 

Total

Civic Improvement Plan 2008

m2 / units

 

Multiple Dwellings

48 @ $8,811.00

$ 422,928.00

Commercial

275sqm @ $169.0

$ 46,475.00

3 x Commercial Car park

1 @ $20,004.00

$ 20,004.00

 

Citywide S94

Rate

Total

District Open Space

92.9 pers @ $1,771.0

$ 164,526.00

Cultural*

112.2 pers @ $129.00

$ 14,474.00

 

 

 

Totals

 

$668,407.00

*credit for existing lot applied

 

All rates are subject to indexing on a quarterly basis and the adjustments to the payable contributions are made at time of payment.  Contributions are required to be paid prior to the issue of a Construction Certificate.


Conclusion

The proposed construction of a new mixed use residential/commercial building will be one of the newer and significant developments to occur in this part of the City Centre. The building will provide a mix of housing that will suit buyers of varying socio-economic backgrounds. The provision of commercial facilities close to Penrith’s cultural precinct will enable the complex to have high level activation through the day and into evening periods. 

People working in the city centre will be able to reside near to their place of employment. The building is located close to many community facilities, shops, schools and public transport. Employment opportunities will be increased during construction of the building and after occupation of commercial tenancies.  All of the above will result in positive social and economic outcomes.

 

The main issues that have arisen during assessment of the proposal relate to design excellence, outcomes of DRP, building height, parking, traffic, Section 94 contributions and impacts to adjoining residents.  The building height variation has been adequately justified and has been accepted by the DRP and the NSW Department of Planning and Infrastructure. The DRP has confirmed that the development achieves design excellence in accordance with the LEP.   The proposal is unlikely to have adverse impact to the amenity of the area.

 

The proposal is subject to numerous development standards and controls under various Environmental Planning Instruments and Development Control Plans. It is considered that the proposal achieves a balance in the provision of amenity to the future residents of the proposed building and compliance with the applicable controls. After detailed consideration of all matters under Section 79C of the Environmental Planning and Assessment Act, the report recommends that Council grants consent to the proposal. 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application 13/0279 - Proposed Mixed Use Development at Lot 11 DP 1162271 (No. 83-85) Union Road, Penrith. Applicant: Tom Zeaiter Constructions P/L Owner: Tom Zeaiter Constructions P/L & TCZ Investments P/L
 be received.

2.     Council accept the applicant’s submission to vary Clause 21 Height of Buildings of Penrith City Centre LEP 2008, as strict compliance with the standard is unreasonable and unnecessary in the circumstances.

 

3.    Development Application DA13/0279 -  Development for Mixed Used Buildings consisting of  construction of 8 storey mixed use building comprising of 48 apartments and 2 commercial units with basement car parking and associated works at Lot 11, DP 1162271, 83-85 Union Road, Penrith be granted approval in accordance with  Environmental Planning and Assessment Act 1979,  subject to the following standard and special conditions and advisory notes, in schedules A:

 

SCHEDULE A –

 

Standard Conditions (amended where necessary to reflect Stage number)

 

3.1     A001 approved plans – architectural plans prepared by David Collett plans numbered DA/A01B; DA/A02C; DA/03B to DA/A10B; DA/A11A;DA/A12B; DA/A13; DA/14A; DA/A15; DA/A16B; DA/A17A; DA/A18; DA/A18A; DA/A19; DA/A19A; DA/A20; DA/A21; Landscape Plans No. L-01 and L-02 Issue B prepared by RFA Landscape Architects, dated 12 January, 2013,; hydraulic plans prepared by Farwest Consulting Engineers, numbered 122677 - SM-01 & 02 Issue B, dated 23 January, 2013.

 

A017  DA for use of commercial units

A0119 Occupation Certificate

A026  Advertising sign

A039   Graffiti

A038    Lighting Locations

A046    Construction Certificate

B004   Dust (referring to excavation and basement  construction)

B005   Mud/soil

D001   Sediment and erosion control measures

D009   Covered waste storage area

D010   Disposal of excavated waste

D014   Plant and equipment noise

E01A            BCA compliance for Class 2-9

E006             Disabled access and facilities

E008             Fire safety list

E009    Annual Fire Safety-essential

F006             Water tank and nuisance

G002   Section 73

G004   Integral Energy

G005   Rain water tank plumbing

H001   Stamped plans and erection of site notice

H002   Site requirements for construction

H003   Traffic management

H033   Clothes lines

H041   Hours of work

H011   Structural engineering plans and specifications

H036   Rain water tank

H037   Safe supply of water

H038   Connection of rainwater

H039   Rainwater tank pump

K202   (b, e, f, g) Roads Act

K209    Storm water plan

K211    Stormwater discharge – basement

K406   Drainage connection

K501   Road Authority Clearance

K041   Bond for damages

K027   Car park– 2 spaces for commercial; 3 visitors (2 accessible) 48 spaces residential. 

K041   Restoration Bond ($36,750.00)

L001             General landscaping (prepared by RFA Landscape Architects, dated 12 January, 2013)

L002             Landscape construction

L003             Report requirement (i, ii, iv)

N001  S94 CIP 2008 Multiple Dwelling $422,928.00 

N001   S94 CIP 2008 Commercial office use $46,475.00

N001   S94 District Open Space  $164,526.00

N001   S94 Cultural Facilities $14,474.00

N001   S94 1 x Commercial car park $20,004.00  

P001    Applicants cost

P002    Council Fees - Amended

Q001   Notice of commencement

Q006   Occupation Certificate for Class 2-9

Q010   BASIX Certificate

 

Special Conditions  

 

3.1     Prior to the issue of a Construction Certificate a detailed sample of the material and colour of the schedule of external finishes is to be provided to Council for consideration and approval. The materials used for the exterior of the buildings shall be of high standard.

 

3.2      Prior to Issue of the Construction Certificate the certifier shall ensure that a crest  be provided in the driveway to the basement car park a minimum of 150mm above the Top of Kerb level to provide for adequate protection against flooding from external stormwater runoff.

 

3.3      The parking spaces are to be utilised to service the development, and under no circumstances are parking spaces to be allocated to external parties. If this is to occur, Council reserves the right to levy a monetary contribution for each space not utilised to service the development. The contribution will be in accordance with Council’s Section 94 contribution plan for the site.

 

3.4      Prior to the release of the construction certificate, details of the side boundary fences and any front fences shall be provided to Council for consideration and approval. Eastern boundary fence shall be of 2.10m height to reduce potential loss of privacy to adjoining eastern property.

 

3.5      Subleasing of car parking spaces is not permitted by this Consent. 

 

3.6     Prior to the issue of a Construction Certificate, Signage indicating location of visitor, commercial and residential parking at ground level is to be shown on the plan and all signs shall be installed in appropriate locations prior to the occupation of the development.

 

3.7     The required sight lines around the driveway entrance are not to be compromised by street trees, landscaping or fencing. In this respect a full time “No Stopping” restrictions must be provided 8-10 metres either side of the exit driveway in Union Road, with the installation of signage at no cost to the RMS or Council.

 

3.8     Prior to the issue of an Occupation Certificate of the development shall be provided with lighting in the following manner:

 

·        Lighting shall be 'vandal resistant' to limit breakage and vandalism;

·        Lighting shall take into account all vegetation and landscaping, and pedestrian pathways;

·        Lighting shall be designed in accordance with Australian Standards;

·        All entries/exits to complex shall be well lit;

·        Lighting shall be consistent in order to reduce the contrast between shadows and illuminated areas;

·        Lighting shall be contained within the property boundary and no light shall be projected upwards (uplighting of landscaping shall be restricted to tree canopy only).

·        No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians.

·        Pedestrian access routes shall be well lit and identifiable

·        Adequate illumination shall be provided for directional signage and     building identification.

·        All street awnings shall be fitted with under awning lighting.

 

 

3.9      Prior to the Occupation Certificate, both buildings shall be clearly identified with street numbers visible to assist visitors and emergency services. 

 

3.10   Prior to the Occupation Certificate , the basement car park shall be treated in the following manner:

 

·        Clear signage is to be provided to identify the entrance/exit to the basement car park for tenants/residents only.

·        A security gate system shall be installed on the building entry/exit point, e.g. for use with swipe card or intercom security system in order to minimise opportunities for unauthorised access.

·        Vehicle access to the basement car park shall be accessible by tenants/residents.  A security system shall be installed on the entry point to the basement from Union Lane, e.g. use with swipe card or appropriate security system. An intercom security system shall be installed in basement level of the car park.

·        All surfaces within the basement area shall be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible.

·        All potential entrapment points shall be avoided, e.g. under stairs, blind corners and wide columns.  Adequate lighting and mirrors should be used when certain design features are unavoidable.

·        All areas of the car park (including lift lobbies, stairwells, garbage rooms and storage areas) must be well-lit, with consistent lighting to prevent shadowing or glare.

·       Signage must be in place to clearly identify exit and access points, the location of lifts and stairwells.

·       Dense, medium height vegetation with top to bottom foliage shall be avoided, particularly around walkways. The use of low-level planting or high canopied vegetation will improve surveillance, provide clear lines of sight and avoid any potential concealment areas. This is particularly important for common landscaped areas.

·       Entrances to the apartment blocks must be clearly visible and legible to users through design features and signage.

·       The commercial properties must be clearly signed with street numbers and signage.

·       Commercial/Office areas should have appropriate security systems in place, including alarms linked to a monitoring service, access control systems (e.g. security swipe cards) and appropriate cash handling procedures.

·       Graffiti resistant coatings must be used to external surfaces where possible, including signage, fencing, street furniture, retaining walls etc.

 

3.11    All construction vehicles and activities must be fully contained within the site.  No vehicles associated with the construction or demolition activities are to stand on Union Lane or Union Road.

 

3.12   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads and Maritime Services or Council. 

 

3.13   Prior to the issue of a Construction Certificate, the followings  as outlined below must be approved by Council and installed prior to an Occupation Certificate being issued:

 

(i)     Design of the driveway from Union Lane must cater for fully laden garbage trucks (21 tonnes). Design details are to be provided to Council for consideration and approval.

(ii)    An “Entry Only “ sign along Union Lane driveway and “Exit Only” sign Along Union Road driveway shall be installed.

(ii)    The proposed access door to the garbage storage rooms are to be provided with an ABLOY locking system to be installed by Council at the developer’s expense.  Council and/or collection contractors will hold the master key. 

(iii)   A dedicated storage area for commercial garbage and recycling bins provided and be separate to domestic waste storage areas.

(iv)   All waste/recycling storage rooms, collection points and garbage chutes are to be clearly signed. 

(v)    Sufficient space must be provided in each commercial space for the interim storage of garbage and recyclables.

 

3.14   After occupation, waste storage and servicing will ensure the following operations: 

 

·        Right of access onto the site by Council’s waste collection contractors is to be provided and Council and its contractors must be indemnified against any property damage or personal injury.

·        Bins are not to be placed on the street for collection.

·        Waste bins and waste collection areas are not to be accessible to the public or left unsupervised for collection.

Advices

 

4       Any temporary loading zones required during construction be the subject of a separate application to the Local Traffic Committee and payment of the appropriate fees.

                  

5.       Those persons who lodged submissions be notified of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Plans and Elevations

8 Pages

Appendix

3. View

SEPP 65

4 Pages

Appendix

  


Ordinary Meeting                                                                                                           16 December 2013

Appendix 1 - Locality Map

 


Ordinary Meeting                                                                                                           16 December 2013

Appendix 2 - Plans and Elevations

 









Ordinary Meeting                                                                                             16 December 2013

Appendix 3 - SEPP 65

 

 

APPENDIX – 3

State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings

This Policy aims to improve the design quality of residential flat development.  It promotes sustainability, a better built form (Buildings, Streetscapes and Public domain), housing to match community’s expectations and demand, and also promotes improved amenity and safety for occupants.

 

SEPP 65 does not contain numerical standards, but refers to “Residential Flat Design Code”.   The Code provides additional detail and guidance for applying the design quality principles outlined in SEPP 65.  The proposed development achieves a satisfactory outcome in respect of each of the ten design quality principles as follows:

 

1.       Context

 

Comments:

 

The immediate surrounding area has a mixture of commercial and residential development. Penrith Plaza is located 300m to the northeast of this site. The subject site is zoned B4 Mixed use and the desired future character in that zone is mixed use commercial/shop and apartment building development. The proposal responds and contributes to the desired future character.  The proposal will contribute in the establishment of the eastern gateway/corridor. It will provide a work-live environment with direct access to public transport.  The proposed development will be only minutes from public services and facilities such as the shopping centre, banks, medical centre, child care centres, hospital and university located in Kingswood. The proposal meets the criteria of the principle of context.

 

 

2.       Scale

 

Comments:

 

The proposed bulk and height of the building is responsive to the desired future character of the area as outlined in the Penrith City Centre Local Environmental Plan (LEP) 2008. The scale of the building is broken by articulation of the facade along with use of different materials and elements which help reduce perception of bulk. The large scale patterning is appropriate to a building of this scale. This design provides a walled edge street block pattern as required by the Design Review Panel and sets a bench mark for other future developments in the area.

The proposal meets the criteria of the principle of scale.

 

 

3.       Built form

 

Comments:

 

The proposed development creates a podium and tower form.  The tower element offers a strong, articulated and interesting visual form.  The proposed built form is a considered response to the development controls applicable to the site. The proposed built form is considered to be appropriate for the site and its purpose as it includes a mixture of elements such as balconies, screens, articulated walls and windows that fit into an appropriate proportional dimension of the building. It contributes to the character of the streetscape by its outlook and landscaped areas. The proposal meets the criteria of the principle of built form.

 

 

4        Density

 

Comments:

 

The development standards require FSR of 3.0:1 for the site. The proposed development will have FSR of 2.8:1 which is less than that required. The proposal has made provisions for adaptable housing. The proposed density is responsive to the desired future character of the area as required under the Penrith City Centre LEP 2008. The building will be located close to the public transport, shopping centres, schools and community facilities.

 

The proposal meets the criteria of the principle of density.

 

5        Resource, energy and water efficiency

 

Comments:

 

The proposed development has a northern orientation with significant exposure to the east and west. The development has been designed to meet Basix targets. The internal floor plan layout allows daylight amenity to most habitable rooms. Windows/sliding doors allow solar access to 78% of all living spaces. Balcony projections and fixed horizontal louvers will control solar access during summer. A 40,000 litre rain water tank will be provided on site. Waste management and recycling will accord with waste management principles and Australian Standards. The proposal meets the criteria of this principle.

 

 

6        Landscape

 

Comments:

 

A landscape plan prepared by a Landscape Architect was submitted with the application. The common space for the residents of the building has been designed to cater for passive activities.

 

The planting within the common area and on either side of the apartments have large community garden beds to be planted with native shrubs to attract local native bird life. Each unit will have a view of the proposed landscaping thus adding to the amenity of the   apartments. The street planting and retention of existing trees is satisfactory. The proposal will generally meet the criteria of this principle

 

 

 

 

 

 

7        Amenity

 

Comments:

 

The proposed development will provide reasonable solar access and access to significant view corridors. Direct solar access will be available to the majority of the occupants. 78 % of units will have solar access between 8am and 3pm (65% between 9am & 3pm). Only 10 units (12.5%) will have a southerly aspect. All living spaces connect to good sized terraces/balconies. 80% of units will receive natural cross ventilation. All units will enjoy good amenity through the separation of living, sleeping, and service zones.

 

Building depth also does not exceed 18 meters. Separation between the development and surrounding buildings achieve the required separation on all floors, ensuring high levels of aural and visual privacy.  Accessible access is provided from both street levels to all residential entries and basement carparks. A lift is available to all levels. The required storage for one, two, and three bedroom units provided at basement level  is fully compliant and room dimensions are generous and balconies are a minimum 2 meters in depth.   The proposal meets the criteria of this principle.

 

 

8        Safety and security

 

Comments:

 

The proposal maintains good level of overlooking and passive surveillance, both internally, and also across both Streets from living rooms and balconies and commercial area for the safety of the public domain due to this passive surveillance. The building proposes two lobbies with safe entry points from the streetscape and the internal landscaped area is accessible by residents. The carpark is also secured and well lit. (Special Condition 3.8 & 3.10)

 

9        Social dimensions

 

Comments:

 

The provision of a variety of apartment types, sizes and orientations, along with the provision of adaptable housing to 10% of the total unit numbers will facilitate a variety of household types. This will contribution towards affordable housing in an area of high demand and low supply means a greater variety of housing is available for all. The provision of a central common open space is also a significant feature in a residential development of this type, and provides an important space for residents to gather in a social manner. Commercial opportunities also assist in contributing to a social focus for the development, and can help the residential component to the site, providing opportunities for the immediate surrounding sites to provide small coffee shop in the future and the like due to the increased population of the area. This will help provide casual interactions and meeting places for the local community and emphasise the desired future character of a mixed use component to the city

 

 

 

 

10      Aesthetics

 

Comments:

 

The external elevations provide elements of depth and articulation to ensure positive visual impacts. External colours, materials and finishes are sympathetic to the surrounding development

 

Overall the design of the building is aesthetic and it fits into the streetscape and provides a transition towards newer apartment buildings in the area.  The proposal meets the criteria of this principle.

 

 


 

 

 

 

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Outcome 3 - We can get around the City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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Outcome 5 - We care about our environment

 

 

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

 

Item                                                                                                                                                Page

 

3        Penrith Cricket Club - Grounds Maintenance Subsidy                                                    61

 

4        Library Working Party                                                                                                      67

 

 



Ordinary Meeting                                                                                           16 December 2013

 

 

 

3

Penrith Cricket Club - Grounds Maintenance Subsidy   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager  

Requested By:             Councillor Greg Davies

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Provide and maintain sport and recreation facilities that meet community needs

       

 

Executive Summary

Penrith Cricket Club employs their own curators to maintain the wicket and outfield at Howell Oval, as well as the wickets at Bill Ball Oval – Cook Park, and Rance Oval to Sydney Cricket Association standards for Grade cricket.

 

Council has previously resolved that the Club will receive a subsidy from Council for the purpose of grounds maintenance, which is currently $71,979. The Club has now presented a request to increase this subsidy by $31,786 based on its calculation of current grounds maintenance costs.

 

This report outlines the history of the grounds maintenance subsidy, a grounds maintenance cost comparison with selected other turf wicket facilities in other areas, estimated costs of Council or commercial contractor providing the grounds maintenance service, a financial analysis of the Club’s accounts, and how the grounds’ standards compare with others in the Sydney Cricket Association (Grade) competition.

 

The report recommends that, while grounds maintenance undertaken by the Club provides Council with a cost effective mechanism to prepare and maintain the three turf wicket cricket grounds, there are currently no identifiable Council resources to increase the existing subsidy to the Club. The request will therefore be evaluated against other priorities as part of the 2014-2015 budget process. 

Background

Council has previously endorsed the provision of grounds maintenance subsidies for Penrith Cricket Club and the Nepean District Cricket Association (NDCA) to maintain seven turf wicket tables and grounds at Howell Oval, Cook Park, Rance Oval, Shaw Park, Dukes Oval, Hunter Fields, and Jamison Park. Currently, the value of the subsidy allocated to Penrith District Grade Cricket Club is $71,979 with a further $54,859 allocated to NDCA.

 

The last increase to the subsidy to Penrith Cricket Club was in 2007/2008 when a sum of $61,800 (indexed to CPI) was allocated in that financial year. Since then it has been indexed by estimated CPI every year except 2009-2010, however this indexation was added back the following year.

 

Penrith Cricket Club compete in the Sydney Cricket Association (Grade) competition and play matches at Howell Oval (Penrith), Bill Ball Oval - Cook Park (St Marys) and Rance Oval (Werrington). The club provides its own curators and volunteers to prepare the turf wickets at these grounds utilising Council’s subsidy to assist with the associated maintenance costs. To date, this method of operation has proven to be a more cost effective solution to maintenance of the turf wickets for Council than undertaking the work through its own processes. It also allows the club greater flexibility to address specific challenges presented in preparing turf wickets to Sydney Cricket Association (Grade) standards, including:

 

-      Presenting the fields to standards consistently fair to each team with the majority of games continuing over two consecutive weekends.

-      Preparing grounds when the facilities are available and in conditions most suitable to turf maintenance, which are often early mornings and in the evening.

-      The flexibility to adjust maintenance schedules to respond to weather and ground conditions.

-      The need to be in attendance before, during and after matches either mid-week or at weekends.

 

In addition to the maintenance subsidy, Council’s endorsed 2013-2014 fees and charges schedule does not include ground hire for the Club’s use of these facilities, providing a further subsidy to the Club of $3,930 annually. Council’s Parks Department also mow the outfields at Cook Park and Rance Oval at a cost of $18,300 per season, as well as undertake the maintenance of the ground surrounds at each venue including vegetation management and litter removal.

 

Current Situation

 

Penrith Cricket Club has provided details outlining that, in its opinion, the current Council subsidy allocation is not sufficient to continue to be able to maintain the grounds to the appropriate Grade Cricket standard with an estimated shortfall of $31,786. In particular, the Club has cited that the use of the ground by AFL at Cook Park since 2008 has imposed a greater financial burden in relation to ground preparation. Furthermore, due to the age of the wicket at Howell Oval this is requiring more intensive maintenance and, in the near future, is likely to need replacement.

 

The Club has provided grounds maintenance details that highlight its curator currently operates for 55 hours per week during summer (September to April), with approximately 45 of these hours during the week and the remaining 10 at weekends. During winter the curator works 30 hours per week. In addition, the Club estimates that approximately 600 hours of volunteer time is spent annually on facility maintenance. At Cook Park and Rance Oval the Club employs a contractor at a cost of $200 per week (September to April) to maintain the turf cricket wickets. The Club also purchase and maintain the associated equipment and materials for the work to be undertaken.

 

i)       Sydney Cricket Association Ground Ratings

 

Ground assessments are undertaken by the umpires visiting the facilities on match days, scores totalled and averaged and a ranking provided to the club for that ground. The following table documents the performance of Penrith Cricket Club’s grounds since 2006/2007. The umpires provide marks in the categories for; pitch bounce, pitch pace, pitch grass, pitch hardness, condition of square/outfield, marking of ground and overall maintenance.

 

Year

Howell Oval Score

Howell Oval Ranking (i)

Cook Park Score

Cook Park Ranking (i)

Rance Oval Score

Rance Oval Ranking (i)

06-07

8.03

13/21

7.72

12/38

7.34

22/38

07-08

8.32

5/22

7.63

15/43

6.84

38/43

08-09

8.43

8/22

7.00

35/44 (iii)

7.73

16/44

09-10

8.38

14/21

7.43

22/43

8.06

10/43

10-11

-(ii)

-(ii)

7.31 (ii)

18/20 (ii)

7.25

26/41

11-12

7.85

11/20

7.53

18/41

6.99

34/41

12-13

7.81

11/22

7.27

23/39

7.43

18/41

 

(i)         Ranking out of number of grounds used in that competition in that year.

(ii)        2010-2011 was an anomaly with no home games being played at Howell Oval because of the construction of the pavilion. First Grade games were played at Cook Park and, while this ground scored consistently with other years, the ranking of 18/20 reflected that it was being measured against other first grade grounds and not second grade grounds as previously.

(iii)       AFL commenced playing at Cook Park.

 

Obviously, a number of factors govern the results including age of the ground, weather conditions, other use of the ground and the like. In the case of Howell Oval and Cook Park the scores over 6 years have been within a 0.7 variance. Rance Oval has received slightly more varied ratings reflecting its nature as a lower grade ground.

 

Council Officers have reviewed the request to increase the subsidy by $31,786 and assessed the value of this against; the cost incurred by other Councils to maintain turf wickets; of Council providing the service; and the option for a contractor to provide the service.

 

ii)               Maintenance Costs of Turf Wickets by Other Councils

 

A number of Councils were contacted to establish benchmark maintenance costs for turf wicket facilities. Each Council’s costs are impacted by a range of factors, however the following list provides a means by which the value of maintenance at Howell Oval, Bill Ball Oval – Cook Park, and Rance Oval can be assessed.

 

Hills Shire Council

 

Details provided by Hills Shire Council outlines that maintenance is undertaken by Council employees at a cost of $25,000 for a single facility similar to Rance Oval and Dukes Oval. At its premier cricket facility, which is shared with AFL and does not accommodate Grade Cricket standard competition, maintenance costs for the 2012-2013 summer cricket season were $57,692.

 

 

 

 

Hawkesbury Council

 

Details from Hawkesbury Council’s Sports Council indicate that maintenance and preparation of its three (3) turf Grade cricket facilities is undertaken by Sports Council employees. The approximate employee cost is $81,500 for the 8 (eight) months of ground maintenance associated with the cricket season. Costs of materials, outfield mowing and equipment repair is additional to the employee costs.

 

Sutherland

 

Details provided by Sutherland Council indicate that maintenance and preparation of its three (3) turf Grade cricket wickets is undertaken by Council employees at a cost of approximately $254,000 for the summer season. This includes employee costs of $150,000, plant repair and maintenance $24,000, and materials including soil, fuel and fertilizer at approximately $80,000.

 

Bankstown

 

Details provided by Bankstown Council Officers indicate that the maintenance and preparation of its three (3) turf Grade wickets is undertaken by Council employees at a total cost to Council of approximately $390,000. This includes maintenance of the wickets, outfields and park perimeter. Council engages 2 (two) full time curators, an apprentice, and a plant operator engaged part time for outfield mowing.

 

Blacktown Council

 

Details provided by Blacktown City Council Officers indicates that the maintenance and preparation of its three (3) turf Grade wickets is undertaken by Council employees however a total cost for this has not been provided. It was confirmed that Council engages two (2) full time staff; a qualified green keeper and apprentice to prepare the premier Grade facility, as well as a further 3 staff that maintain the 75 ha comprised within the regional Whalan Reserve containing the remaining two (2) Grade turf wickets.

 

iii)     Cost of Council Providing the Grounds Maintenance Service

 

The maintenance of turf wicket squares to a standard required by the Sydney Cricket Association for Grade cricket would require the allocation of 3 (three) full time staff for the duration of summer season (September to March). In addition to normal hours of work these staff would typically be required to work weekend overtime to complete wicket preparation and marking prior to play. Ideally staff would be qualified greenkeepers and would undertake duties as part of the Parks Department during the winter months.

 

In addition to labour, Council would take on responsibility for plant purchase and maintenance, fertilisers, soil and fuel. It is estimated that should Council take on responsibility for all aspects of maintenance at the 3 (three) locations the total expenditure would be approximately $170,000 annually.

 

 

 

 

iv)      Cost of Commercial Contractor

 

Previous costs obtained in 2010 from a commercial contractor indicated a minimum of $40,000 per wicket preparation (no mowing of outfield). At the time of compiling this report a revised figure had not been received.

 

Cricket Club Financial Position

 

Penrith Cricket Club has provided Council officers with financial statements for the last three years being 2012-13, 2011-12 & 2010-11. While it is difficult to determine the exact costs associated with maintaining the 3 turf wickets from the categorisation within these statements, Officers have calculated the following costs in round dollars.

 

2012-13      $104,000    (Salaries & Wages $71,000)

2011-12      $80,000      (Salaries & Wages $68,000)

2010-11      $74,000      (Salaries & Wages $62,000)

 

Council Officers have also included figures prior to 2010-11 which have previously been provided and reported to Council in November 2010.

 

2009-10      $79,925

2008-09      $87,176

2007-08      $76,172

2006-07      $79,331

 

A number of one-off costs are included in the totals above, for example, in 2012-13, laser-levelling and top dressing the wicket and practice wickets at Howell Oval and top dressing the wicket at Rance Oval was included at a cost of $12,000.

 

The Club’s financial statements outlined operating profits in 2010-11 and 2011-12, however in 2012-13 there was an operating deficit. As part of the Club’s income it receives a NSW Cricket grant which comprises of three components:

 

-  A coaching allowance of approximately $15,000 which the club supplements with an

    allocation of $5,000 - $6,000.

-  A general operations allocation of $13,000, some of which may be allocated annually to

 maintenance.

-  An ‘facility coordinators’ allowance that is linked to participation and professional

    cricket club operations.

 

Financial Services Manager’s Comment

 

The current subsidy allocated to Penrith District Grade Cricket Club for 2013-14 is $71,979 and in addition Council endorsed through the 2013-14 fees & charges process the removal of hire fees for turf wickets representing a further subsidy of $3,930 and bringing the total subsidy to $75,909. This subsidy for the maintenance of these facilities represents value for money when compared to other local government areas with similar standard cricket wickets.

 

To determine an appropriate ongoing maintenance figure for materials, Council Officers feel it is prudent to remove known one-off expenses and exclude salaries and wages from the figures provided previously in the report. Council officers averaged out the previous three years with these items removed providing an estimated maintenance figure of approximately $15,000. Adding this amount to the $71,000 (2012-13) for salaries and wages would total $86,000. Given Council subsidises the club to the value of $75,909 currently, Council Officers therefore feel that an increase of $10,000 to effectively provide for ongoing maintenance would be a more reasonable request. Council would then need to consider one-off expenditure on a year by year basis as these expenditures don’t occur on an annual basis.

 

Any consideration for an increase to the subsidy level will need to be considered through the 2014-15 budget process inline with other such requests.

 

Conclusion

 

The ground assessment table identifies that, with the current resources available and their allocation, Penrith Cricket Club are maintaining the three turf wickets at Howell Oval, Bill Ball Oval – Cook Park, and Rance Oval comparatively well compared to other clubs in the Sydney Cricket Association competition. Furthermore, this maintenance is being undertaken cost effectively based on the comparisons with the other facilities selected, Council’s estimated cost of maintenance, and the previous estimate provided by the commercial contractor. 

 

As there are currently no available Council resources, it is proposed that an increase of $10,000 to the grounds maintenance subsidy will be considered as part of Council’s 2014-15 budget process. In the interim, Council Officers will work with the Club to establish if support can be provided for grant applications and to identify the most cost effective way to purchase equipment and materials.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Cricket Club - Grounds Maintenance Subsidy be received

2.     Council Officers work with the Penrith Cricket Club to enable the request for an increase to the grounds maintenance subsidy to be considered as part of the 2014-15 budget development.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           16 December 2013

 

 

 

4

Library Working Party   

 

Compiled by:               Joan Suckling, Resources Librarian

Authorised by:            Sarah Dean, Acting Library Services Manager   

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver quality library services that respond to the community's information and leisure needs

       

 

Executive Summary

This report seeks Council’s endorsement to reconvene the Library Working Party, to review service delivery options and finalise the preferred library service delivery model.

Background

An earlier Library Services Review was undertaken by Council in 1999, with a subsequent review in 2006. The most recent review was in 2010, when the Future Directions in Library Services Report was developed through a Working Party of Council.

 

A key focus for the previous Library Future Directions Working Party was to consider an appropriate library service delivery model for the future of library services in Penrith City, particularly in response to the anticipated residential growth over the next 10, 15 and 20 years.  It recommended implementing, over the longer term, a new delivery model for library services, and criteria for considering the future of small branch service delivery.

Conclusion

Now that the City’s new urban areas are growing, it would be of benefit to review the criteria and recommended future library model with the Library Working Party.  The adoption of a preferred model by Council will enable the organisation to better plan and deliver library services to the community over the next 10-20 years.  It is recommended that the Library Working Party is reconvened, with at least four (4) Councillor representatives. The draft Terms of Reference for the Library Working Party is attached.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Library Working Party be received.

2.     The Library Working Party be reconvened, and Council appoint four (4) Councillor representatives to the Library Working Party.

 

ATTACHMENTS/APPENDICES

1. View

Draft Terms of Reference - Library Working Party

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  16 December 2013

Appendix 1 - Draft Terms of Reference - Library Working Party

 

 

 

LIBRARY WORKING PARTY

 

 

 

MEMBERSHIP

 

Councillor…………………..

Councillor…………………..

Councillor…………………..

Councillor…………………..

 

plus

 

All available Councillors are invited to attend

 

 

 

 

 

 

TERMS OF REFERENCE

 

1.   To consider the research undertaken by AEC Group Ltd for the 2010 Library Working Party.

2.   To identify the options available for the provision of library services into the future.

3.   To consider the advantages and disadvantages of each of the options including the implications for future budgets.

4.   To provide Council with advice as to the preferred approach for future library services.


It is proposed the Working Party meet at least twice to undertake this task. The first session would provide background information and summarise the findings of the previous Future Directions Library Working Party.  The second session would review options and work towards identifying the preferred model. A third session may be required to finalise the outcomes of the Working Party.  There is likely to be approximately 6 weeks between each Working Party meeting, subject to Councillor availability.

 

 


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

5        Decision Making Arrangements During the Christmas/New Year Council Recess         71

 

6        Preparations and Settings for 2014-15 Operational Plan                                                 75

 

7        Classification of Property - 44 Station Street, Penrith                                                     83

 

8        Commercial Matter - Easement for Water Supply over Lot 1223 DP 1171492 - William Hart Crescent, North Penrith                                                                                                    85

 

9        Summary of Investments & Banking for the period of 1 November 2013 to 30 November 2013                                                                                                                                           88

 

 



Ordinary Meeting                                                                                           16 December 2013

 

 

 

5

Decision Making Arrangements During the Christmas/New Year Council Recess   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

       

 

Executive Summary

The purpose of this report is to inform Councillors of the decision-making arrangements during the Council Christmas/New Year recess and of any development applications that may need to be determined over this period. The report recommends that the information be received and that any development applications requiring reporting to Council between 17 December 2013 and 2 February 2014 be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor before a report is presented to the Ordinary Council meeting (if required) to be held on 3 February 2014 relating to the operations of the organisation during this period.

Background

Tonight’s meeting is the last Ordinary Council Meeting for 2013 and the first Ordinary Council Meeting in 2014 will be on 3 February 2014.

 

During Council’s recess, the General Manager, in consultation with the Mayor, has extensive delegations to deal with issues that come before Council during the break, other than policy matters and those matters that cannot be delegated under the Local Government Act. The role of the Mayor is, among other things, to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.

 

At its Ordinary Meeting of 6 December 2004, Council adopted a policy on the decision-making arrangements in relation to development applications during Council’s Christmas / New Year recess. A copy of the policy is appended to this report for Councillors’ reference.

 

Current Position

Councillors who have matters to raise during the break can contact the General Manager, the Assistant General Managers and Executive Managers to have them dealt with as quickly as possible.

 

At this stage, the following development application may need determinations to be made between 17 December 2013 and 2 February 2014:

 

DA13/0958 – St Marys Corner Community and Cultural Precinct 29 Swanston Street, St Marys

Applicant:      Penrith City Council

Owner:           Penrith City Council

Proposal:        Use of St Marys Corner Outdoor Piazza for Outdoor Community Events & as a Marketplace

 

Conclusion

Should any Development Applications be considered under the General Manager’s delegation after consultation with the Mayor for the period 17 December 2013 to 2 February 2014, a further report will be brought to the first Council Meeting scheduled for 2014.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Decision Making Arrangements During the Christmas/New Year Council Recess be received.

2.     Development Applications which would normally warrant reporting to Council between 17 December 2013 and 3 February 2014 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, or in his absence the Deputy Mayor.

3.     A report be presented to the Ordinary Council Meeting (if required) to be held on 3 February 2014 relating to the operations of the organisation during this period.

 

ATTACHMENTS/APPENDICES

1. View

Policy - Decision Making Arrangements During the Christmas/New Year Council Recess

2 Pages

Appendix

  


Ordinary Meeting                                                                                                           16 December 2013

Appendix 1 - Policy - Decision Making Arrangements During the Christmas/New Year Council Recess

 



Ordinary Meeting                                                                                           16 December 2013

 

 

 

6

Preparations and Settings for 2014-15 Operational Plan   

 

Compiled by:               Geraldine Brown, Budget Accountant

Tanya Jackson, Corporate Planning Co-ordinator

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

       

 

Executive Summary

This report provides a framework for the formal commencement of the development of the 2014-15 Operational Plan which will represent the second instalment of Council’s new 4 Year Delivery Program (2013-2017).

 

The process for developing the 2014-15 budget is outlined in this report with further details of the broad assumptions being used to formulate a base budget for 2014-15 contained within the attached Annual Budget Guidelines. This report recommends that Councillors endorse the preparation of a base budget in line with these assumptions which will be presented to the first Councillor Workshop on the 2014-15 Operational Plan scheduled for 3 March 2014.

 

Operational Plan Structure

In accordance with Integrated Planning and Reporting (IPR) legislation Council is currently reviewing its Delivery Program, in preparation of the Operational Plan for 2014-15. As usual, the Fees and Charges will be available separately to Councillors.

 

Resource Allocation (Project Evaluation) and Service Level Adjustment

Each year a significant amount of general revenue funding is applied to projects already committed by Council through established programs, policy decisions, and funding to support grants and contributions. While much of this is in some sense ‘tied’ funding, there is nevertheless a significant ongoing commitment by Council to projects and programs which are, in effect, discretionary. As such it is of course open to Council to reassess these priorities at any time.

 

Through the Integrated Plan preparation process and workshops, Council reviews and prioritises proposals and makes a number of choices to apply available general revenue to matters of high priority and to approve other proposals not requiring a general revenue allocation.

 

The funding of new proposals considered to be of priority could be met from a combination of: reduction in current service/program funding, increase in revenues, revision of the proposed capital and operating projects already included in the “base budget” or allocation of any predicted surplus.

 

‘Resource Allocation Requests’ (RAR) has been the name used for this component of the Corporate Leadership Teams participation in building the Operational Plan. Resource Allocation Requests of merit are examined and prioritised through this process. However, the great majority of projects are now contained within established program settings, which Council, through its Operational Plan will confirm or adjust. The contemporary focus of the process is therefore more directed to proposed adjustments to service levels. The Operational Plan development and the ability of the organisation to respond through its business planning process provides the opportunity for further review of all current service levels and the assessment of any proposals for adjustment. The examination of all proposals is rigorous and any proposals need to demonstrate strong links to the identified strategic priorities to be admitted.

 

Those Resource Allocation Requests fall into two basic categories:

 

1.    Project Nominations made by Councillors, together with matters identified by Council itself in the present year, where the purpose cannot be appropriately addressed by other means through the Operational Planning process.

 

2.    Manager Nominations brought forward through the Strategic Program, Service Review or Business Planning process and assessed by the Corporate Leadership Team as being:

Ø  Essential to respond most effectively to Council’s strategy

Ø  Not within available means, without other significant service reduction, after all feasible alternatives are exhausted.

 

All general revenue funds considered as prudently available are notionally applied to those items which are assessed as being of highest priority. It is then open to Council to confirm or amend any of these recommendations. Further funding opportunities are explored for those additional Resource Allocation Requests which might be selected by Council for inclusion in the Operational Plan. The Operational Plan is not finalised for adoption until June and opportunities may arise to satisfy some further priority matters. New circumstances will usually require some minor adjustments to the final Plan.

 

The focus on productivity provides a challenge for this resource allocation process.  Service Managers are required to analyse the resource needs of their service based upon a four year period, being the duration of the Delivery Program.   The first priority of this process is that adequate resources are allocated to ensure that the service activities and strategies approved within the Delivery Program will be completed.

 

As a second priority, new projects or opportunities for service level enhancement need to be evaluated for their strategic value and then considered with regard to the capacity, in both the financial and workload context, of the organisation to complete the additional work without compromising committed service delivery.

 

Typically, unless other funding sources are secured or substitutions are made by Council, a small number of very worthwhile projects will not be able to be undertaken at the point of adopting the new Operational Plan. It is important that these opportunities are not lost and a further process be undertaken at subsequent budget revisions to reconsider the priorities.  Council is engaged and informed about this process and outcomes through the Operational Plan workshop process.

 

Financial Strategy

Council’s financial position is sound, with adequate levels of working capital and liquidity. Over recent years, Council has made a number of difficult decisions to ensure a sustainable financing strategy to maintain current services and service levels. A key element of maintaining this strategy is providing an annual budget that starts with at least a balanced position and is carefully monitored throughout the year. Debt is managed in a way that ensures the amount of revenue devoted to servicing loans doesn’t hinder our ability to fund current programs into the future. A balanced budget is achieved by carefully assessing services at the start of the year and giving careful consideration as to how the community’s expectations can be met.

 

Council continues to strive for continuous improvement and efficiency gains over recent years are valued at over $4m annually. These range across new technologies, group purchasing and new contracts, better staffing structures and taking advantage of opportunities such as new workers compensation options. These productivity savings have allowed for the City’s growth and will continue to be needed as Council accommodates significantly more expansion into the future.

 

The 2011-12 Special Rate Variation highlighted the need for Council to continue to do more with the resources available and deliver the best value for money to ratepayers. The focus on productivity also led to the establishment of the Organisational Development Team to continue to pursue ways to improve productivity, link leadership directions to business, strengthen service planning for each of Council’s 44 services, and guide investment in technological improvements.

 

Council’s financial strategy over the years has been developed giving consideration to past and future efficiency opportunities, maintaining Council’s commitment to invest in our infrastructure assets, and providing services to our community in a financially prudent and sustainable way. This strategy will be used to underpin the development of the 2014-15 budget and the path towards maintaining financially sustainability and has positioned Council adequately to respond to future community aspirations and expectations.

Budget Preparations

Each year Council is required to prepare a budget which represents the annual instalment of its four-year Delivery Program as part of the Operational Plan process.  In preparing the budget, Council must comply with relevant provisions of the Local Government Act, other legislation, Council’s financial management objectives, and other adopted Council policies.

 

A copy of the Annual Budget Guidelines is included with this report which summarises in one document those issues involved in the preparation of Council’s annual Budget and associated Fees and Charges booklet. This document provides a general guide and is regularly updated as new policies are developed or current policies revised.

 


The annual budget process is presently underway and in accordance with Council procedures the initial 2014-15 budget is being prepared on the basis of continuing existing service levels. The first draft of the 2014-15 budget is prepared by taking the current year’s budget, removing one-off items, making adjustments to wages and other major items such as rating income, and incorporating any other policy changes as required. Provision is made for works programs and project funding that reflects previous Council funding decisions and policy settings. Following on from this process the draft budget will be presented to management for review and discussion.

 

Changes requested by Managers are reviewed to determine if the item is a required cost change or a service level change. Service level changes require a resourcing bid and specific endorsement by Council. Cost changes, such as Local Government Cost Index (LGCI) increases, or award increases associated with delivering the same program, form part of the base.

 

In addition, any known variations from the current year will be incorporated into the base budget as soon as the information becomes available. Further details are provided on the most significant of these in the Budget Guidelines attached to this report. Any assessment regarding available funds at this time must be highly qualified, as many variables cannot be forecast with accuracy at this stage. Significant factors affecting available funds in 2014-15 include the final award increase for staff (applicable 1 July 2014), the level of development related income, associated growth in rates income, energy costs (possible removal of carbon price), Government levies and contributions and the Financial Assistance Grant. Advice will be actively sought in regard to these and any other emerging issues, and if available, the information will be incorporated into the draft 2014-15 budget prior to the second Operational Plan Workshop on 7 April 2014.

 

In order to prepare the next budget, it is proposed that the following process (similar to that utilised for the 2013-14 Operational Plan) be followed:

1.       Non-discretionary costs and charges will be estimated.

2.       Labour costs will be estimated. Continuation of the same extent of service provision will form the base to which Council directives for increased or amended service will be added, in order to determine costs.

3.       Funding which has a particular purpose, such as grants or s94 contributions, will be directed towards that purpose.

4.       Established replacement and renewal programs will be continued in accordance with the relevant Council resolutions.

5.       All Special Rate Variation funded initiatives will be reported including detailed programs for each element.

6.       Rating and other general revenues will be estimated.

7.       Fees will be calculated in accordance with existing principles, which link each individual fee to a particular pricing mechanism.  Income will be estimated from the fee.

8.       A first draft budget is developed.  This draft then forms the starting point for Council to determine its budget.

9.       Further analysis and discussion of any unallocated revenue will take place to consider potential new requirements from Council’s strategy, project evaluation bids, major projects, organisation resourcing, debt management, Council reserves and available funds. 

 

As a result of following this process a draft 2014-15 budget will be completed by March 2014 forming the basis for budgetary discussions at the first Operational Plan Workshop on 3 March 2014. A Briefing Paper will be presented at this Workshop that will identify available funds, major budgetary changes from the previous year, recurrent or multi-year projects included in the draft budget, and highlight any outstanding issues requiring direction.  In addition the Finance Working Party will consider a review of Council’s Rating Structure in February 2014. Any recommendations will be tabled at the first Operational Plan Workshop for further direction.

 

At this stage of the annual budget process a number of assumptions have been made and will be incorporated in the preparation of the draft 2014-15 budget. Further details on these key assumptions can be found in the Annual Budget Guidelines attached to this report. 

 

Long Term Financial Plan

The Long Term Financial Plan (LTFP) provides a key tool for the development and monitoring of Council’s Financial Strategy. The LTFP is included in Council’s Resourcing Strategy and outlines Council’s capacity to manage assets and deliver services over the next ten years. Council has a responsibility to manage its resources and finances to ensure its long term existence. Recent actions by Council, including the 2011-12 SRV, has positioned the LTFP to demonstrate that Council has the capacity to manage its finances and deliver the services and programs identified in the Strategic Plan and Delivery Program. The LTFP is reviewed annually as part of the preparation of the Operational Plan, and reviewed every four years to coincide with the review of the Delivery Program.

Council’s long term financial plan is based on a set of assumptions which generally relate to those elements that are most likely to affect the overall outcome of the model.  Future years’ forecasts are linked to the Operational Plan and provide a means of assessing the long-term financial implication of current year decisions. Assumptions made in the plan include:

·        Rating Revenue

·        Development Growth

·        Investment Return

·        Financial Assistance Grant

·        Employee costs

·        CPI or other agreed indexations

·        Capital works and services programs

·        Anticipated Loan programs

·        Fees and Charges movements

·        Changes identified through ongoing improvement and review of services

 

It is important to keep in mind when projecting budgets over such a long period that estimates can alter significantly when assumptions are reviewed, particularly when the variances apply to larger items such as employee costs or rating income. However, the LTFP remains an important planning tool and is regularly updated with current data to ensure its usefulness in providing information for Council’s financial planning decisions.

The LTFP will continue to be updated throughout the budget process, and further information in regard to future years’ available funds will be presented to the Operational Plan Workshops.

 

Further Budget Considerations

The above information details the procedural aspects of preparing the draft 2014-15 budget following existing practices, and highlights the major factors known at this time affecting the budget predictions.  These items are intended to create the base position from which Councillors’ input is required in order to prepare a budget that corresponds with Council’s priorities.

 

Further budget issues that are proposed to be addressed at the Operational Plan Workshops in March and April 2014 are:

·        Analysis of reserves which will indicate proposed programs and/or excess capacity to fund expenditure from reserves

·        Major projects and their funding requirements

·        Rating Policy which determines the relative share that will be contributed by Residential, Business, and Farmland properties

·        Draft Fees and Charges

·        Long term financial projections

·        Development Related Income

·        Resource Allocation Requests (RAR)

 

It is suggested that the Operational Plan preparation process should proceed on the above criteria.  This will allow draft documents to be created which will facilitate decisions regarding Council’s capacity to provide its diverse range of services, address the priorities for the City, and make any necessary adjustments.

 

Operational Plan Timetable

The proposed timetable for the development of the 2014-15 Operational Plan, based on the factors discussed above and the adopted Council meeting schedule for 2014, is outlined in the following table:

 

 

 

 

 

 


Outline Timetable for Development of the 2014-15 Operational Plan

Key Dates

Action or Requirement

November 2013 to February 2014

·    Draft Operational Plan preparation continues

February 2014

Finance Working Party to discuss:

·    Rating Structure Review

3 March 2014

1st Council Operational Plan Workshop:

·    Confirmation that the initial Draft Plan and Budget reflects Council’s program and policy directions.

7 April 2014

2nd Council Operational Plan Workshop:

·    Follow up from Council's directions given at the first Workshop

·    Revised draft of Operational Plan information and determination of priorities for resourcing where required

28 April 2014

Report to Ordinary Meeting:

·    Adoption of Draft Operational Plan for Exhibition (including Fees & Charges).

May -  June 2014

Public Exhibition of Draft Operational Plan (including Public consultations).

23 June 2014

Report to Ordinary Meeting:

·    Adoption of 2014-15 Operational Plan

 

Conclusion

If Council is in agreement with the broad approach outlined above, then management will be well placed to continue the development of the Draft 2014-15 Operational Plan. Identification by Council of any particular issues to be considered and assessed in this process would further assist in this development.

 

The present report initiates a series of discussions with Council that will ultimately lead to the development of a Draft Operational Plan for public exhibition and consultation.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Preparations and Settings for 2014-15 Operational Plan be received

2.     Council make initial identification of particular matters to be considered in the preparation of the Draft 2014-15 Operational Plan.

3.     Preparation of the Draft 2014-15 Operational Plan continue in the terms discussed in this report and outlined in the Annual Budget Guidelines (attached).

 

 

 

ATTACHMENTS/APPENDICES

1. View

2014 Annual Budget Guidelines

36 Pages

Attachment

  


Ordinary Meeting                                                                                           16 December 2013

 

 

 

7

Classification of Property - 44 Station Street, Penrith   

 

Compiled by:               Katrina Parker, Acting Property Development Manager

Authorised by:            Vicki O’Kelly, Acting Assistant General Manager   

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

       

 

Executive Summary

Council at its Ordinary Meeting of 30 September 2013 resolved to publicly notify the proposed resolution to classify 44 Station Street, Penrith as “Operational”.

 

The proposed resolution has been advertised, with no submissions being received.  This report seeks to resolve to classify the land “Operational”.

Background

At its Ordinary Meeting of 22 July 2013, Council approved the acquisition of 44 Station Street, Penrith known as the Funeral Parlour.  The property was purchased through Council’s Property Development Reserve as it was identified for the “City Park and Square” in the Penrith City Centre Strategy and Civic Improvement Plan.  The Property Development Reserve is proposed to be reimbursed in the future when the Civic Improvement Plan is in a financial position to provide the funding.  In the interim it has been identified that the site could provide a revenue stream for the Property Development Reserve prior to its transition to any future City Park.

 

Current Position

As a result of the proposed funding of the purchase and the proposed interim use, Council at its Ordinary Meeting of 30 September 2013, resolved to publicly notify the proposed resolution to classify 44 Station Street, Penrith as “Operational” to provide greater flexibility for Council in managing the site.

 

In accordance with Sections 31 and 34 of the Local Government Act 1993, Council is required to advertise and resolve to classify land for “operational purposes” within three (3) months of acquisition, otherwise it is automatically classified as “community” land.

 

In accordance with the Act, Council advertised in local newspapers on 25 October 2013 its intention to resolve to classify the subject land as “Operational”.  No objections were received during the statutory twenty-eight (28) day notification period.

 

It is therefore recommended that Council resolve to classify 44 Station Street, Penrith (Lot C DP 158845) as “Operational”.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Classification of Property - 44 Station Street, Penrith be received.

2.     In accordance with the provisions of Section 31(2) of the Local Government Act 1993, Council classify 44 Station Street, Penrith, Lot C DP 158845 as Operational.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           16 December 2013

 

 

 

8

Commercial Matter - Easement for Water Supply over Lot 1223 DP 1171492 - William Hart Crescent, North Penrith  

 

Compiled by:               Katrina Parker, Acting Property Development Manager

Authorised by:            Vicki O’Kelly, Acting Assistant General Manager   

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

       

 

Executive Summary

During the development of the Thornton Estate, North Penrith, Lot 1223 DP 1171492, William Hart Crescent was identified to be dedicated to Council as Public Reserve.

  

The land was dedicated to Council by registration of the subdivision plan on 21 May 2013.  The Development Manager for the owner Urban Growth NSW advised Council that Sydney Water had subsequently requested that an easement be created over the land for water supply services which are contained within the land.

 

This report seeks the approval of Council to grant an easement 3m wide for water supply purposes.

Background

During the development of the Thornton Estate, North Penrith, Lot 1223 DP 1171492, William Hart Crescent was identified to be dedicated to Council as Public Reserve. See attached location plan.

 

The land was dedicated to Council by registration of the subdivision plan on 21 May 2013.  The Development Manager for the owner Urban Growth NSW advised Council that Sydney Water had subsequently requested that an easement be created over the land for water supply services which are contained within the land.

 

Urban Growth NSW  have advised that the initial Sydney Water notification (Notice of Requirements) identifying an easement requirement was issued on 4 February 2013. It referred to Lot 1223 as a residue lot not as future public reserve. They queried it at the time and were advised that an easement would not be required if the land was to be public reserve. Sydney Water issued the Section 73 certificate on 10 April 2013.

 

The Stage 1.2 subdivision plan was registered on 21 May 2013 (DP1171492) with Belmore Green (lot 1223) dedicated as public reserve.

 

Current Position

Urban Growth NSW received advice on 5 July 2013 that Sydney Water had decided they still required the easement.  Sydney Water were advised that the subdivision plan was registered and the subject lot dedicated as public reserve.  Sydney Water confirmed the easement was still required.  A survey was undertaken to confirm the location of the water main and the easement plan has now been provided to Council.

 

Sydney Water has advised that it will not process any further Section 73 applications for the subdivision that fall within the extents of Stage 1.2 until the easement is in place.  This impacts upon residue parcels where Urban Growth NSW has received development consent from Council for further subdivision and may delay in the supply of lots to the market.

 

Had the easement been identified on the plan of subdivision prior to the registration, Council would have accepted the dedication of the land including the easement.  It is also noted that Sydney Water have certain rights of protection over their assets under The Sydney Water Act 1994.

 

It is acknowledged that generally where easements are requested over Council owned land the issue of compensation is usually considered.  However, given the circumstances and that Council would have accepted this land with the easement, it is therefore recommended that Council grant the easement for water supply 3m wide over Lot 1223 DP 1171492 William Hart Crescent, North Penrith.  The owner is to be responsible for all costs associated with the creation of the easement including survey and plan registration.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Commercial Matter - Easement for Water Supply over Lot 1223 DP 1171492 - William Hart Crescent, North Penrith be received

2.     Council grant the easement for water supply 3m wide over Lot 1223 DP 1171492 William Hart Crescent, North Penrith. 

3.     Urban Growth NSW is to be responsible for all costs associated with the creation of the easement including survey and plan registration.

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

 

ATTACHMENTS/APPENDICES

1. View

Location Plan - Easement for Water Supply over Lot 1223 DP 1171492, William Hart Cres, North Penrith

1 Page

Appendix

  


Ordinary Meeting                                                                                                           16 December 2013

Appendix 1 - Location Plan - Easement for Water Supply over Lot 1223 DP 1171492, William Hart Cres, North Penrith

 


Ordinary Meeting                                                                                           16 December 2013

 

 

 

9

Summary of Investments & Banking for the period of 1 November 2013 to 30 November 2013   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Acting Assistant General Manager   

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

       

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 November 2013 to 30 November 2013 and a reconciliation of invested funds at 30 November 2013.

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

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

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

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 November 2013.

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking for the period of 1 November 2013 to 30 November 2013 be received

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

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

 

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                           16 December 2013

Appendix 1 - Summary of Investments

 




 



 

ATTACHMENTS   

 

 

Date of Meeting:         Monday 16 December 2013

Delivery Program:      Financial Services

Issue:                            Manage Council's financial sustainability and meet statutory requirements

Report Title:                Preparations and Settings for 2014-15 Operational Plan

Attachments:               2014 Annual Budget Guidelines



Ordinary Meeting                                                                                                           16 December 2013

Attachment 1 - 2014 Annual Budget Guidelines

 




































 


 

ATTACHMENT       

 

 

 


Date of Meeting:         16 December 2013

 

Delivery Program:       Outcome 7   

 

Service:                         Financial Services

 

Report Title:                 2013-2014 Voted Works

 

 

 

 

 

 

 

 


 [P1]What do these two measurements represent..

 [P2]How is the BCA not compromised by this height??

 [P3]What about the new interim C/Pking requirement of 1/100

 [P4]Have done an assessment of these 10 principles?  If so we should attach them to this report as an Appendix..

 [P5]Do we need all this..