29 January 2014

 

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 3 February 2014 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 16 December 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

Access Committee Meeting - 11 December 2013.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 3 February 2014

 

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 16 DECEMBER 2013 AT 7:03PM

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 the 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, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 9 December 2013 to 21 December 2013 inclusive.

APOLOGIES

345  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that an apology be received for Councillor Tricia Hitchen.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 November 2013

346  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown that the minutes of the Ordinary Meeting of 25 November 2013 be confirmed with the deletion of the words “Councillor Jim Aitken OAM returned to the meeting, the time being 8:55pm” from page 24 of the confirmed minutes.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

Mayoral Minutes

 

1        Esme Evans retires from WSROC

Councillors Jim Aitken OAM, Karen McKeown, Ben Goldfinch, Jackie Greenow OAM, Marcus Cornish and John Thain spoke in support of the Mayoral Minute.

Councillor Jim Aitken OAM left the meeting, the time being 7:15pm.
Councillor Jim Aitken OAM returned to the meeting, the time being 7:16pm.                           

347  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Esme Evans retires from WSROC be received.

 

2        National Disability Award

Councillors Jackie Greenow OAM and Prue Car spoke in support of the Mayoral Minute.

348  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM  that the Mayoral Minute on National Disability Award be received.

 

Reports of Committees

 

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

349  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 December, 2013 be adopted.

 

 

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

350  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 4 December, 2013 be adopted.

 

 

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

351  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Maurice Girotto 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

 

Outcome 1 - We can work close to home

 

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

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

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.

 

 

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                                

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

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.

 

                            3.15   Prior to the issue of a Construction Certificate for building or                          subdivision works the Certifying Authority shall ensure that a S138                Roads Act application, including the payment of application and              inspection fees, has been lodged with, and approved by Penrith City              Council (being the Roads Authority under the Roads Act), for                            provision of:

·                1.5m wide path paving in Union Road for the full frontage of the                                   property     

·                Full width path paving in Union Lane for the full property                                     frontage     

                                      Engineering plans are to be prepared in accordance with the                            development consent, Penrith City Council’s Design Guidelines                        and Construction Specification for Civil Works.

 

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.

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 John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Jim Aitken OAM

 

Councillor Ben Goldfinch

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

 

 

 

 

 

 

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

 

3        Penrith Cricket Club - Grounds Maintenance Subsidy                                                 

354  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

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 a part of the 2014-15 budget development.

3.     Council allocate a total of $10,000 to the Penrith Cricket Club to be funded equally from each Ward’s voted works for 2013/2014.

 

4        Library Working Party                                                                                                     

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

That:

1.     The information contained in the report on Library Working Party be received.

2.     The Library Working Party be reconvened, and Council appoint Councillors Ross Fowler OAM, Tricia Hitchen, Bernard Bratusa, Michelle Tormey, John Thain, Kevin Crameri OAM and Marcus Cornish and any other interested Councillors to the Library Working Party.

 

 

Outcome 7 - We have confidence in our Council

 

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

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

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.

 

6        Preparations and Settings for 2014-15 Operational Plan                                               

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

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).

 

7        Classification of Property - 44 Station Street, Penrith                                                   

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

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.

 

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

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

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.

 

 

 

 

 

 

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

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

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.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Victoria Bridge Kerb                                                                                               

Councillor Marcus Cornish requested that the kerb on Victoria Bridge be painted white for better identification in the dark and wet and that the matter be referred to the Local Traffic Committee.

 

RR 2          Theme Park                                                                                                              

Councillor Maurice Girotto requested a report to Council considering the feasibility for a theme park to be located in the Penrith Local Government Area.

 

RR 3          Traffic Light Phasing - High Street and Station Street, Penrith                          

Councillor Kevin Crameri OAM requested that the traffic light phasing westbound on High Street and Station Street, Penrith be increased from  9 seconds to allow additional traffic to move through.

 

RR 4          Bus Stop Sign - Llandilo                                                                                          

Councillor Kevin Crameri OAM requested a memo reply concerning the relocation of the bus stop sign at Llandilo near the phone box to the Northern side of the pole so it can be seen more easily.

 

RR 5          Swimming Pool Registration                                                                                   

Councillor Karen McKeown requested a report to Council on the progress of the registering of swimming pools in the Penrith Local Government Area, including information on how Council will resource the compliance.

 

 

 

 

 

RR 6          Bus Stop Advertising                                                                                               

Councillor John Thain requested a memo to all Councillors providing information on bus stop advertising, including if it is permitted and who is the consent authority.

 

RR 7          Mick Fanning                                                                                                           

Councillor John Thain requested that the Mayor write a letter to Mick Fanning congratulating him on winning the 2013 World Surfing Title.

 

RR 8          High Street, Penrith - Bicentenary                                                                          

Councillor Greg Davies requested a memo reply with information about whether any bicentenary celebrations are or can be arranged for High Street, Penrith.

 

RR 9          Colour Drawings                                                                                                      

Councillor Greg Davies requested colour copies of drawings and images to significant Development Applications prior to being reported to Council.

 

RR 10        Wianamatta Regional Park - Emus                                                                        

Councillor Prue Car requested an urgent report to the first meeting of 2014 about the relocation of emus from the Wianamatta Regional Park and the transfer of land to the NSW Government.

 

URGENT BUSINESS

 

UB 1          Proposed Wianamatta Regional Park - Emu Removal Issues                             

Councillor Michelle Tormey requested that:

  1.    The Council oppose the removal of emu’s from the proposed Wianamatta Regional Park
  2.    The Council write to the Minister for the Environment, Robyn Parker MP, requesting that she rescind the licence granted to Lend Lease for the purpose of relocating the emu’s off site.
  3.    The Council write to local member for Londonderry, Bart Bassett MP, Member for Penrith, Stuart Ayres MP and Member for Mulgoa, Tanya Davies requesting their support to oppose the removal of emu’s from the proposed Wianamatta Regional Park.

361  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Prue Car 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 not urgent and should not be dealt with at the meeting.

 

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:10pm.

 


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        Locals recognised in Australia Day Honours                                                                     1

 

2        Australia Day Celebrations a Success                                                                                3

 

 



Ordinary Meeting                                                                                               3 February 2014

 

Mayoral Minute

Locals recognised in Australia Day Honours

Strategy: Encourage social connections and promote inclusion in our community

           

 

Two people from Penrith and a third with strong connections to our community received the nation’s highest honour for their outstanding achievements and service to our City in the 2014 Australia Day Honours List on 26 January 2014.

I’d like to congratulate each of these individuals on this well-deserved recognition and thank them for their outstanding contributions to Penrith City and our community.

Harold John Hunt OAM

Mr Hunt, of St Marys, was recognised for his service to Indigenous communities in New South Wales. Mr Hunt is an author, lecturer, teacher, counsellor and is currently developing a 12 step treatment of alcoholism for rehabilitation workers with the School of Nursing at Sydney University. He has served on and advised numerous committees and boards, including both the NSW Offenders Review Board and the Aboriginal Advisory Council from 1992-1994.

George Baseem Rabie OAM

Mr Rabie was recognised for his service to the Penrith community. He is a long standing local businessman as owner/operator of Little & Rabie Betta Home Living and has also been an active member of many local community groups and organisations. Mr Rabie is a Board Member of the Penrith Business Alliance, Nepean Youth Accommodation Services, Nepean Medical Research Foundation and Nepean Philanthropists. He has also been on the board of Western Sydney Suicide Prevention and Support Network and the Penrith Chamber of Commerce. Mr Rabie has been actively involved in the wider community since 1992 as a member of Penrith Rotary.

Maree Carol McDermott OAM

Ms McDermott, of Windsor, was recognised for her service to the community of Western Sydney, particularly through social welfare organisations. Ms McDermott is the former General Manager of South Penrith Youth and Neighbourhood Services (SPYNS) and was instrumental in establishing the Penrith Aboriginal and Torres Strait Islander Project in Penrith LGA. Ms McDermott’s experience working in domestic violence support and with the Hawkesbury Women’s and Children’s Services Collective saw her secure funding for the first Women’s Court Assistance Scheme which now exists in courthouses throughout NSW. Ms McDermott was also acknowledged for her work as an Executive Member of the Australian Services Union of NSW from 2007-2013 and her work on the successful Equal Pay Campaign from 2008-2012.

Penrith also celebrated seven other local residents and acknowledged their community spirit at a formal dinner hosted at Council on Thursday 23 January.

Peter Camilleri was named Penrith’s 2014 Citizen of the Year, acknowledging his efforts in the wake of the Blue Mountains bushfires in October. Mr Camilleri, who is Manager of Storage King Penrith, turned his business into a drop in and collection point for donated goods and also provided free storage to bushfire victims.

Bede Johnston was awarded Penrith’s Sports Person of the Year. Mr Johnston competed in the Ironman Australia Triathlon in Port Macquarie in May 2013 in memory of his sister Kate who lost her battle with Juvenile Xanthogranulomas, an extremely rare blood disorder, in 2012.  He raised over $5000 for the Leukaemia Foundation and qualified for the World Championships in Hawaii last October.

Local Appreciation Awards were also awarded to Robert and Joyce Moynahan, Phil Lacey, Elizabeth Reibelt and Gina Field.

Mr and Mrs Moynahan have worked tirelessly as volunteers for numerous local organisations over many years. Mr Lacey and Miss Reibelt were recognised for their dedication to the community, particularly Rotary and the Scout movement, respectively. Mrs Gina Field was acknowledged for her demonstrated excellence in business and voluntary roles.

These award winners were nominated as outstanding citizens by friends, family and peers. All recipients richly deserve this recognition for their work in our community and I thank and congratulate them.

 

 

Cr Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Locals recognised in Australia Day Honours be received.

 

 

 


Ordinary Meeting                                                                                               3 February 2014

 

Mayoral Minute

Australia Day Celebrations a Success

Strategy: Encourage social connections and promote inclusion in our community

           

 

Despite grey skies and cooler temperatures, Council’s 2014 Australia Day celebrations at the Sydney International Regatta Centre were a great success. About 10,000 people attended the event last Sunday. They enjoyed an impressive program of free family entertainment and a Firework Spectacular to end the evening.

 

Penrith was also honoured to be chosen, once again, as one of only two sites in NSW to host an Australia Day Premier’s Reception.

 

Earlier in the day, 76 Penrith residents gained their Australian citizenship and we enjoyed the company of our inspirational Australia Day ambassador, Paralympic silver medallist Erik Horrie.

 

On behalf of Council I would like to thank our generous Australia Day sponsors and supporters. Australia Day at the Sydney International Regatta Centre, Penrith Lakes was presented by Penrith City Council and supported by the Office of Communities (Sport and Recreation) and the Penrith Press with contributions from The Western Weekender, Blue Mountains Bus Company, The Penrith City Gazette, Vintage 87.6 FM, Uphire, Penrith Westfield and the Australia Day Council.

 

I’d like to acknowledge Woolworths continuing sponsorship of the Australia Day Ambassador program – it adds something special to our celebrations each year.

 

Our thanks must also go to management and staff of the Sydney International Regatta Centre for an excellent venue and outstanding service.

 

The success of this annual celebration relies on the enthusiasm and expertise of many individuals and teams. So last, but certainly not least, I’d like to give a big thank you to the many volunteers and Council staff involved in the organisation and smooth running of this major event. I’d particularly like to acknowledge the dedication and hard work of our remarkable Events and Depot teams. Congratulations to all on a job well done.

 

 

Cr Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Australia Day Celebrations a Success be received.

 

  


 

 

 

 

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Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee meeting held on 11 December 2013    1

 

 



Ordinary Meeting                                                                                               3 February 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 11 December, 2013

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), David Currie, Emma Husar, Denise Heath, Councillor Marcus Cornish, Farah Madon, Councillor Tricia Hitchen (arrived 5.17pm), Councillor Michelle Tormey (arrived 5.25pm).

 

IN ATTENDANCE

Joe Ibbitson – Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Erich Weller – Community and Cultural Development Manager, Hans Meijer – City Works Manager, Ben Felten – Disability Access Officer, Andrew Robinson – Recreation Manager, Graham Howe – Building Projects and Maintenance Coordinator, Colin Wood – Fire Safety and Certification Coordinator, Fiona Robbe – Landscape Architect Specialist.

 

APOLOGIES

Apologies were accepted from Councillor Prue Car, Michael Morris, and Melanie Coid.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 9 October 2013

The minutes of the Access Committee Meeting of 9 October 2013 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

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

 

2        2013 National Disability Awards                                                                                      

Joe Ibbitson presented the 2013 National Disability Awards report.  Joe Ibbitson advised that on 26 November Council received the 2013 Award for Excellence in Social Participation in recognition of the No Boundaries project.

 

A small delegation consisting of Councillor Jackie Greenow OAM, Councillor Tricia Hitchen, Cindi Drennan, three of the participants, Joe Ibbitson and Robyn Brookes attended the National Disability Awards ceremony in Canberra.  The award was received from Senator Mitch Fifield by Councillor Greenow and Joe Ibbitson in the Great Hall at Parliament House in front of 400 participants.  Joe Ibbitson said he was very proud for Council to receive the award.  Councillor Jackie Greenow OAM congratulated Robyn Brookes and Joe Ibbitson on the award.

 

Graham Howe left the meeting at 5.16pm.

 

Councillor Tricia Hitchen arrived at the meeting at 5.17pm.

 

RECOMMENDED

That:

1.   The information contained in the report on 2013 National Disability Awards be received.

 

2.   Joe Ibbitson and Robyn Brookes be acknowledged for the great work they contributed to making the No Boundaries project such a success.

 

Graham Howe returned to the meeting at 5.18pm.

 

1        Outdoor Health and Fitness Circuit - Jamison Park                                                      

Andrew Robinson introduced the report and advised that the outdoor health and fitness circuit will include a multi-sports area, outdoor table tennis, outdoor health and fitness zones, an 8-15 year active zone, picnic areas, connecting pathways, and associated landscaping and tree shade.

 

Fiona Robbe presented the concept plans on screen, a hard copy of which had been provided prior to the meeting. The various areas of the health and fitness circuit were described.

 

Councillor Michelle Tormey arrived at the meeting at 5.25pm.

 

Fiona Robbe advised that Jamison Park will be an all ages health and fitness zone. The park will provide for all people of all ages and abilities. The current playground will be renewed in the future as part of the playground replacement program. The idea is to have one space delivering something for everyone.

 

Some of the components of the health and fitness hub could include:

 

·    An outdoor gym – muscle toning, cardio workout and strength

·    Agility and coordination space for seniors

·    Exercise equipment for older children (8-15 years) for coordination and strength

·    Accessible picnic tables

·    Space to play sport informally, outdoor table tennis table, integrated goal mouth basketball area

·    A ball wall with pictures on it to reduce graffiti - an art opportunity

·    Ball toss tower

·    Inclusive seating, space for wheelchairs, backed seat with armrests

·    Picnic table at two heights – one suitable for adult in wheelchair and the other for children

·    Noticeboard on how to use the equipment.

 

Issues discussed by the Committee included:

 

·    Backed seats being used at the table

·    Walls and planting

·    Low sandstone walls

·    Consideration of the stone being at different heights

·    Barbecue area

·    Blocks used as steps

·    The width of pathways

·    A water tap

·    Proximity to the road

·    Shade over gym equipment

·    Accessible parking

·    Pathway connections, especially from the parking area

·    Possibility of having the wall semi transparent, or break in wall with semi transparent in the middle

·    Contrast colours on gym equipment.

 

Discussion was held regarding luminescence contrast. Farah Madon advised that 30% is a good mark and that she has imported a luminescence contrast testing machine. Fiona Robbe said she would be happy to test the equipment on this machine.

 

Councillor Michelle Tormey enquired about the inclusive elements of the equipment. Fiona Robbe advised that the playground is stage three of the project. Andrew Robinson advised that the ball court is flat, the table tennis tables are accessible, there are adaptations on some of the outdoor health and fitness equipment, a high percentage that can be used from young to old and by people in wheelchairs. This will be the best result with the range of equipment available on the market.

 

Emma Husar advised that everyone should be able play on something but no one can play on everything.  There should be signage to explain the equipment to people.

 

Emma Husar enquired if there is anything made for vision impaired. Ben Felten advised that some of the equipment providers have information on the web. It is about the social environment as well, looking at engagement and ongoing use of the site, programs and activities.

 

Councillor Marcus Cornish left the meeting at 6.20pm.

 

Councillor Jackie Greenow OAM thanked Fiona Robbe for her presentation on the outdoor health and fitness circuit at Jamison Park.

 

Andrew Robinson undertook to keep the Access Committee informed as the outdoor health and fitness project progresses.

 

RECOMMENDED  that the information contained in the report on Outdoor Health and Fitness Circuit - Jamison Park be received.

 

Andrew Robinson and Fiona Robbe left the meeting at 6.25pm.

 


GENERAL BUSINESS

 

GB 1          Disability Access Improvement Program                                                               

Erich Weller handed out to Committee members a memo on the progress of the Disability Access Improvement Program (DAIP).  The additional $11,000 added to the DAIP budget for the 2013/14 year is being utilised and a summary table in the memo details the projects presented to the August meeting with a brief status update. A number of these projects are well underway.  The reason for the memo is to point out that the extra allocation of $11,000 has only been confirmed for the current year.

 

Councillor Jackie Greenow OAM advised that when the recommendation was presented to Council it was agreed to request for the increased DAIP budget of $36,000 to continue.  The increased DIAP allocation will be considered as part of Council’s budget process in April and May 2014.

 

GB 2          Woodriff Street – Pedestrian Crossing                                                                  

Councillor Tricia Hitchen expressed concern regarding the lack of a pedestrian crossing on Woodriff Street into Centro shopping centre.  The pedestrian count does not have the warrant for a crossing.  Guide Dogs has advised their clients not to go there.

 

There is a refuge but sight impaired people cannot tell it is there.  It is near the entrance where trucks and cars are exiting and in front of the loading bay.  This area is also a risk for elderly people.  The marked crossing request is going back to the Local Traffic Committee.

 

GB 3          Joan Sutherland Performing Arts Centre – Exterior Doors                                

Councillor Tricia Hitchen advised that the Joan Sutherland Performing Arts Centre does not have sliding doors.  Staff have to open the doors for prams and wheelchairs. 

 

It was suggested that sliding doors for the Joan Sutherland Performing Arts Centre be considered for inclusion in the 2014/15 DAIP.

 

GB 4          International Day for People with Disability                                                         

Joe Ibbitson reported that the International Day for People with Disability event held at Penrith Panthers on 28 November was a fantastic event with higher numbers than anticipated.  About 700 people attended the fun day which also featured the No Boundaries light and sound show, the Mondo boys and the art group.

 

GB 5          Qantas Companion Card                                                                                        

Councillor Jackie Greenow OAM provided information on the Qantas Companion Card which offers discounted fares to a companion flying with a full fare paying passenger.  Councillor Jackie Greenow OAM undertook to give Joe Ibbitson this information which will then be sent out to all Access Committee members.

 

GB 6          Application for Uploading Photos and Movies                                                      

Councillor Tricia Hitchen advised of a Care for Me application which can upload photos and videos.  The photos and videos can then be sent to the caring organisation.  Favourite music and movies can all be played from this application.  Councillor Tricia Hitchen undertook to source information regarding the application from the developer.

 

Councillor Jackie Greenow OAM wished everyone a Merry Christmas and a Happy New Year.

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.46pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 11 December, 2013 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Development Application No. 13/1097 Proposed First Floor Addition at Lot 49 DP 236855 (No. 5) Deloraine Drive, Leonay Applicant: David Gianatti and Sandra Gianatti;  Owner: David Gianatti and Sandra Gianatti

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                       1

 

2        Sydney Science Park Planning Proposal

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

 

3        Wianamatta Regional Park - Proposed Emu Relocation and Timing of Transfer of Regional Park to State Government                                                                                                             20

 

4        Wianamatta Regional Park - Management of Feral Animal Programs                             24

  

Outcome 4 - We have safe, vibrant places

 

5        Urban Development Institute of Australia National Congress 2014                               45

  

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

 

6        Regional Tennis Facility - Proposed Site                                                                          51

 

7        Roads and Maritime Services, Better Boating Program Grant                                        57

 

Outcome 7 - We have confidence in our Council

 

8        Australian Local Government Women's Association 2014 NSW State Annual Conference         61

 

9        Summary of Investments and Banking for the period 1 December 2013 to 31 December 2013   63

 

 


 

 

 

 

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Outcome 1 - We can work close to home

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

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Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Development Application No. 13/1097 Proposed First Floor Addition at Lot 49 DP 236855 (No. 5) Deloraine Drive, Leonay Applicant: David Gianatti and Sandra Gianatti;  Owner: David Gianatti and Sandra Gianatti

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                       1

 

2        Sydney Science Park Planning Proposal

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

 

3        Wianamatta Regional Park - Proposed Emu Relocation and Timing of Transfer of Regional Park to State Government                                                                                                             20

 

4        Wianamatta Regional Park - Management of Feral Animal Programs                             24

 

 



Ordinary Meeting                                                                                               3 February 2014

 

 

 

1

Development Application No. 13/1097 Proposed First Floor Addition at Lot 49 DP 236855 (No. 5) Deloraine Drive, Leonay  Applicant:  David Gianatti and Sandra Gianatti;  Owner:  David Gianatti and Sandra Gianatti    

 

Compiled by:               Colin Wood, Co-ordinator Fire Safety and Certification

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 the construction of a first floor addition to an existing split level double storey dwelling at 5 Deloraine Drive Leonay. In accordance with reporting procedures provided by the Department of Planning and Infrastructure, the matter is forwarded to Council for determination as the variation to the rear setback exceeds 25%. The report recommends the SEPP 1 objection be supported and the development application be approved.

 

The site is zoned 2(a) Residential (Urban and Landscape Protection) under the Penrith Local Environmental Plan (LEP) 1998 Urban Land.

 

Under the objectives of the LEP, development is required to reinforce the importance of natural landscape settings and areas with heritage conservation values, to protect landscapes and urban areas with identified conservation value by limiting the range of permissible uses and requiring larger residential allotments, and to allow a limited range of compatible non-residential uses.

 

The first floor addition achieves these objectives by providing a site responsive development that compliments the surrounding area and minimises impacts on adjoining properties.

 

The application is supported by the submission of an objection under State Environmental

Planning Policy No. l (SEPP 1) and seeks a variation to the rear setback requirement.

 

The SEPP 1 objection has demonstrated that full compliance with the rear setback requirement is unreasonable as the existing dwelling already has a second storey component which encroaches on the rear setback and the proposed addition will maintain the same setback. The variation to the planning control associated with the proposed addition is unlikely to have any significant impacts on the amenity of the locality.

 

 

 

Site and Surrounds

The subject site is situated on the North Eastern side of Deloraine Drive and is currently occupied by an existing split level double storey dwelling. The site is 942m2 in area and has approximately 5m fall from the front right corner to the rear left which accounts for the current split level design (a Locality Map is attached in Appendix No 1.).

 

The surrounding area is characterised by established residential development with a mix of single and two storey dwellings. The current dwelling located on the site has a setback of 2.84m to the rear boundary.

 

The Proposed Development

The proposed development includes the construction of a first floor addition consisting of 2 bedrooms with ensuites and a leisure room. A new dining room with storeroom below will be added to the side of the dwelling. The front entry will be relocated and a new alfresco is also proposed.  

 

The development application was accompanied by:

· An objection under State Environmental Planning Policy No. 1 to Clause 12 of Council’s Local Environmental Plan 1998 Urban Lands.

· Statement of Environmental Effects

· Site and building plans

· BASIX certificate

Site Plan and Elevation Plan are attached in Appendix No. 2 and 3. 

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Having regard to those matters, the following issues have been identified for further consideration.

Sydney Regional Environmental Plan No 20.

The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. 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 potential impact on residential development and water quality.

 

The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. No tree removal is required as part of this development. The dwelling addition is considered to have minimal adverse impact on visibility from the riverine corridor and its scenic quality. The proposed dwelling addition is consistent with surrounding development.

 

The proposal is in keeping with the objectives of the SREP.

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

Penrith Local Environmental Plan 1998 (Urban Land)

Under the terms of Penrith Local Environmental Plan 1998 (Urban Land) the land is Zone No 2(a) Residential (Urban and Landscape Protection). The proposed development is defined as a dwelling addition, which is permissible with the consent of Council.

 

The proposed development is site responsive and compatible with surrounding residential development. The design is compatible with the existing housing in the locality.

 

The dwelling addition application proposes the following variations:

 

Relevant Clause 12(3) requirements

Requirements for Zone No. 2(a)

Proposal

Extent of Variation

Building Envelope

Measured at side boundaries 1.8m high and then 45˚ over the site

Does not comply on 1 side

Top corner of first floor encroaches on 1 side (see comment below)

Relevant Clause 12(4) requirements

Requirements for Zone No. 2(a)

Proposal

Extent of Variation

Rear Setback

6 metres

Minimum 2.84 metres (matching setback of existing dwelling) to approximately 4.0m.

52.6% to 33.3%

 

A State Environmental Planning Policy No. 1 (SEPP 1) objection has been lodged in support of the development application to vary the rear setback requirement. A variation to the building envelope has also been submitted although this does not require a SEPP 1 and is discussed later in this report.  

 

SEPP 1 seeks to provide flexibility in the application of planning controls where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives stated in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act. These objectives relate to the proper management of resources to promote the welfare of the community and environment and to promote the orderly and economic use of development of the land.

 

The SEPP 1 objection is required to demonstrate that compliance with the aims and objectives of the relevant planning instrument and zone can still be achieved regardless of the variation to the development standard.

 

 The objectives for Zone 2(a) Residential (Urban and Landscape Protection) are as follows: 

 

(i)         to reinforce the importance of natural landscape settings and areas with heritage conservation value, 

 

Comment - The proposed development maintains the existing landscape areas as the proposed works are within the existing footprint and paved areas. The site is not identified as being in a Heritage Conservation Area.

 

(ii)  to protect landscapes and urban areas with identified conservation value by limiting the range of permissible uses and requiring larger residential allotments, 

 

Comment – The proposed dwelling addition is a use permissible. The proposed development is designed in a manner which is responsive to the site and is compatible with surrounding land uses.

 

(iii) to allow a limited range of compatible non-residential uses.

 

Comment - The proposed development does not include further non-residential uses.

 

The objectives of Section 12 of LEP 1998 Urban Land are as follows:

 

(a)     Achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating height and bulk.

(b)     Minimise the impact of loss of privacy, overshadowing and loss of views.

(c)     Achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear lines.

(d)     Protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.

 

In regard to these objectives, the proposed development has been designed to make the most of the site constraints. Due to the design and the position of the existing dwelling, it is considered that the proposal is site responsive and the setback achieved is appropriate. The proposal will not have adverse impact on the subject site or surrounding sites and loss of privacy will be minimised by existing vegetation and through the use of windows in the living areas that have a sill height of 1.5m (See Special condition 3.2)

 

Assessment of Building Envelope variation

The top corner of the proposed first floor addition encroaches on 1 side of the building envelope. Clause 12(6) of Penrith Local Environmental Plan 1998 (Urban Land) states:

 

Despite any other provisions of this clause, the council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of the council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building.

 

The application indicates only a small portion of the wall and roof encroaches the building envelope but will comply with the maximum 6.5m wall height control.

 

As the existing dwelling has multiple split levels it is considered that a variation of the building envelope was necessary to improve the design, external appearance and utility of the proposed building. A number of dwellings within the vicinity have similar encroachments to the building envelope.

Assessment of Rear Setback variation

The rear setback of the existing dwelling is 2.84m. The proposal will maintain the current setback and with a portion of the addition being up to approximately 4.0m from the rear boundary. The proposal does not seek any variations beyond the setback of the existing dwelling.

 

Clause 12(4) of Penrith Local Environmental Plan 1998 (Urban Land) states:

 

(4)     the council must not grant consent to development that involves the erection of a building unless:

(a)     that building is set back at least 6 metres from the rear boundary of the site or, in the case of a single storey building in Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e), at least 4 metres from the rear boundary of the site, and

(b)     the land within the rear boundary setback is used for the purposes of landscaped area only.

 

The subject site is zoned 2(a) and therefore a minimum rear setback of 6.0m is applicable to the subject site.

 

A SEPP 1 objection has been submitted requesting a variation to this control and is considered acceptable on the following grounds:

 

·  The rear setback of the existing dwelling is 2.84m. It is therefore noted that the existing development does not comply with the current rear setback provision.

 

·  The proposal retains the existing rear setback and landscape areas by placing the second storey extension within the existing footprint and with the single storey component being built upon existing hard paved area.

 

·  There is no increase in visual impact with the proposed extension of the roof being only 1.0m above the existing roof and the addition is setback from front of residence. The height and bulk increase of the proposal is very minor.

 

·  The extent of non compliance will have no adverse overshadowing or overlooking impacts due to the orientation of the lot and privacy measures to the windows. The proposal will have no adverse impact on the amenity of surrounding properties or detrimentally impact on the streetscape character.

 

· The proposed additions remains consistent with the zone objectives.

 

The extent of non compliance is considered minimal as the existing rear setback is being maintained. The failure of the development to meet the rear setback requirements has not diminished the ability of the proposal to achieve the aims and objectives of Penrith LEP 1998 (Urban Land).

 

It is considered the proposed development, while contravening the numerical controls of Clause 12(4), is consistent with the established landscape characteristic of the locality and achieves the objectives for rear setback requirements.

 

The SEPP 1 objection is also made on the premise that the development standard is unreasonable and unnecessary on the following basis:

 

·  The proposed development does not hinder the attainment of the objectives of the development standards or the Environmental Planning and Assessment Act.

 

·  The dwelling addition is reasonable development for the site considering the existing dwelling encroachments, the irregular shape of the allotment and current ground levels.

 

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

 Penrith DCP 2006 Part 4 Section 4.2 – “Residential Single Dwellings” is applicable to the current development application and the following sections are relevant to the assessment process. 

 

Section 5.3 Front, Side and Rear Setbacks

The objective is to ensure setbacks reflect the character of established garden suburbs, and provide for development of flora and fauna corridors. The proposed development does not comply with the 6.0m rear setback requirements and proposes a rear setback of 2.84m. This is addressed in the SEPP1 discussion above. The proposed front and side setbacks comply with the DCP.  

 

Section 5.4 Landscaped Area and Parking

The objective is to retain a reasonable proportion of each site for landscaped garden areas, conserve significant existing vegetation and provide reasonable separation between neighbouring dwellings. The proposed second storey extension is located over the existing dwelling and the single storey component is built upon existing hard paved area. This will not impact on the landscaped area.

 

Section 5.5 Solar Planning

The objective is to improve the energy efficiency of dwellings and achieve a high standard of residential amenity. The applicant has demonstrated the dwelling addition meets acceptable solar standards and that existing neighbouring and proposed private open spaces receive a minimum of 3 hours sunlight between 9am and 3pm on 21st June.

 

The projected 9am shadow from the proposed addition is limited to the front of the subject lot and does not enter the neighbouring properties.

 

At 12 noon there will be minor additional shadowing to the adjoining property on the South Eastern side. The adjoining dwelling is 2 storey and the projected shadows at this time will generally be limited to the lower part of the side brick wall which contains a double carport. 

 

There will be some further shadowing by 3pm to the adjoining dwelling and private open space. However the proposed development complies with the DCP as it provides in excess of the minimum 3 hours sunlight between 9am and 3pm on 21 June, to living zones (i.e. areas other than bedrooms, bathrooms, kitchen, laundry and the like) and to 40% of the main private open spaces of any adjoining dwellings.

 

 

Section 6.3 Building Design

The objective is that dwellings be surrounded by private gardens, their facades should display a variety of materials and shading structures and garages should be integrated with the overall architectural form and design. The first floor addition is stepped in from the front of the existing dwelling. This provides a well articulated design with matching roof pitch to the existing dwelling. Materials and colours will compliment the existing dwelling and surrounding area. 

 

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

The development complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

 

Stormwater is to be directed to the existing stormwater system.

 

Appropriate conditions are recommended relating to site management during construction. Hours of work and construction noise will also be subject to recommended consent conditions.

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

The site is suitable for the construction of a dwelling addition. Whilst there are some limitations resulting from the position of the existing dwelling, the irregular ground levels and shape of the site, these issues have been addressed to ensure a suitable design has been proposed in keeping with the objectives of the relevant planning documents.

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

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents from 3 October – 17 October 2013. One objection was received which was mainly in relation to overshadowing from the first floor addition.

The applicant has demonstrated the dwelling addition meets acceptable solar standards and that the neighbouring dwelling's living areas and private open spaces receive a minimum of 3 hours sunlight between 9am and 3pm on 21st June. Refer to Section 79C(1)(a)(iii) – Solar Planning.

A letter has been sent to the objector in response to the concerns raised and notifying of the upcoming Council meeting.

Conclusion 

The subject development application seeks approval to construct a first floor addition, an addition to the side of the dwelling and other minor alteration works. The application is supported by a SEPP 1 objection seeking a variation to the required rear setback. The SEPP 1 objection is supported as it is demonstrated the rear setback requirement is unreasonable in this case and that the attainment of the objectives of Section 5(a) of the Environmental Planning and Assessment Act will not be hindered by the proposal.

 

The development is considered to satisfy the requirements of Section 79(C) of the Environmental Planning and Assessment Act as outlined in the assessment of this report.  The proposed dwelling addition is unlikely to have any significant impacts on the amenity of the locality. The proposed dwelling addition is considered to comply with the objectives of the relevant planning instruments as outlined above and a site responsive development is achieved.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application No. 13/1097 Proposed First Floor Addition at Lot 49 DP 236855 (No. 5) Deloraine Drive, Leonay be received.

 

2.     The SEPP 1 objection 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       To limit viewing into adjoining properties at the rear, the dining room window on the rear elevation shall have a minimum sill height of 1.5m above floor level or fitted with fixed obscure glazing to a height of 1.5m above floor level. A 1.8m high privacy screen is to be fitted to the rear elevation of the deck. Details to be provided prior to the issue of a Construction Certificate.                  

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

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Map

1 Page

Appendix

2. View

Site and Elevation plans

2 Pages

Appendix

  


Ordinary Meeting                                                                                                              3 February 2014

Appendix 1 - Locality Map

 


Ordinary Meeting                                                                                                              3 February 2014

Appendix 2 - Site and Elevation plans

 



Ordinary Meeting                                                                                               3 February 2014

 

 

 

2

Sydney Science Park Planning Proposal   

 

Compiled by:               Schandel Jefferys, Senior Planner 

Authorised by:            Paul Grimson, Strategic Planning Manager   

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Plan for and facilitate delivery of release areas and urban renewal in the City

      

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

 

Executive Summary

On 18 December 2013 Council received the draft Planning Proposal for the Sydney Science Park.  The draft Planning Proposal seeks to rezone 287 hectares of land at Luddenham Road, Luddenham for the purpose of creating a new specialised centre comprising research and development, employment, education, retail and residential uses.  The site is predominantly located within the Broader Western Sydney Employment Area (BWSEA).  

At the Policy Review Committee Meeting of 9 December 2013, Councillors considered preliminary details of the Sydney Science Park Planning Proposal.  Full details of the Planning Proposal are enclosed in the CD provided under separate cover.  It is recommended that Council endorse the draft Planning Proposal to be submitted to the Department of Planning & Infrastructure (DP&I) for a Gateway Determination.

Background

The draft Planning Proposal for the Sydney Science Park was submitted on behalf of EJC on 18 December 2013, seeking to rezone land at Luddenham Road, Luddenham for employment and mixed use development.   

EJC is owned by the Baiada family group of companies, which owns a significant landholding in the BWSEA.  EJC employs over 6,000 staff, has an annual turnover of approximately $2 billion and is based within Western Sydney. 

Initially the proposal sought to rezone 413 hectares of land to create a higher order employment centre integrating research and development, employment, education and a residential precinct.  The residential component was to comprise approximately 3,000 new dwellings in a traditional residential subdivision pattern.  The vast majority of the residential component that was originally proposed falls outside the boundary of the BWSEA. 

Some significant concerns regarding the residential component of the development were raised by Council officers, based on Council’s previous responses and submissions on the State Government’s Landowner Nominated Housing Opportunities Program, including:

·    out-of-sequence development

·    location of future access corridor for both roads and rail

·    impact on rural lands and precedent being set for other large rural land owners

·    infrastructure and servicing requirements. 

Since the initial discussions and, more recently, key meetings with the DP&I, the components of the Planning Proposal have been revised to remove the residential component that fell outside the BWSEA. The revised Planning Proposal is described below. 

Vision

The development of the Sydney Science Park represents a new vision for Australia to cluster leading science based businesses, tertiary institutions, research and development providers in one location. 

The vision is to develop the Sydney Science Park and attract the world’s leading scientific professionals and organisations to Western Sydney through the creation of a place built on the fundamental principles of quality architectural and urban design, high connectivity, transport accessibility and environmental excellence.  The vision exceeds the expectations of State Government’s BWSEA in terms of projected employment density targets and provides a catalyst development which will kick start development of BWSEA. 

Description of Proposed Development

EJC’s total landholding at Luddenham Road, Luddenham comprises over 400 hectares of rural land with over half located within the BSWEA.  The draft Planning Proposal incorporates the development of 287 hectares predominantly within the BWSEA, as shown in the indicative masterplan included as attachment 1.  The single ownership provides a unique opportunity to develop the land in a streamlined way, which is rare given the fragmented land ownership patterns found elsewhere in the BWSEA. 

The draft Planning Proposal applies three zones to the land - RE1 Public Recreation, B7 Business Park and B4 Mixed Use.  A draft zoning plan has been included in the draft Planning Proposal and appears at attachment 2. 

The proposal is for a specialised centre comprising leading science based businesses, tertiary institutions, research and development providers in an epicentre environment to advance innovation around the important principles of food, energy and health.

EJC have committed to providing the financial backing to deliver the necessary infrastructure and to create a place that will have the capacity to employ 12,200 professionals, educate 10,000 students and provide quality residences for these students and workers.     

The Sydney Science Park proposes 440,000m² of employment and educational floor space, 3,400 dwellings, a town centre comprising some 30,000m² of retail floor space, significant tracts of embellished open space integrated with the site’s environmental features into parklands, water bodies and view lines through to the Blue Mountains.  The final extent of retail and residential development still needs to be assessed. 

The Sydney Science Park is to be developed in stages over a 25 year period.  The structure of the master plan provides sufficient scope and flexibility to respond to future changes in planning and open space, transport and infrastructure, market demand, lifestyle and demography. 

Baiada will commence the Sydney Science Park with development of its own food and research laboratories and headquarters.  This commitment will create an initial 200 jobs on the site by 2016.

Broader Western Sydney Employment Area

The draft Planning Proposal comprises 287 hectares of land predominantly within the BWSEA as shown in the draft Planning Proposal.  The final BWSEA draft Structure Plan has not yet been published but is likely to come into effect in the first quarter of 2014. 

Representatives from the DP&I have been provided with a copy of the draft Planning Proposal and involved in regular meetings with the proponent and Council officers.  The DP&I has committed resources to coordinate meetings with the key public authorities including Transport for NSW and the Office of Water.  Coordination of key government agencies is pivotal to the Sydney Science Park development and this commitment from the DP&I represents a significant benefit to the project. 

The draft Planning Proposal is proceeding prior to the identification of a precise alignment of the key transport corridor alignment for the Outer Sydney Orbital by Transport for NSW.  The draft Planning Proposal reserves significant corridors of land to accommodate future transport corridors and the location of the future railway station. Work will continue with the DP&I and Transport for NSW to ensure the corridor and station can be accommodated within the Sydney Science Park.  

Next Steps

Should Council endorse the recommendation tonight, the following steps will occur in accordance with the Environmental Planning and Assessment Act 1979:

1.   Council officers will continue to update the Planning Proposal, written instrument and associated maps.

2.   Council will forward the Planning Proposal to the Minister for Planning & Infrastructure, seeking a ‘Gateway Determination’ and authorisation that the LEP plan making process may proceed.

3.   Council officers will liaise with the Department of Planning and negotiate any changes sought by the Department in the lead up to the Gateway Determination.

4.   The Gateway Determination will, amongst other things, authorise a list of public authorities that Council must consult prior to finalisation of the Planning Proposal for public exhibition.

5.   The Planning Proposal will be publicly exhibited.

6.   Submissions to the Planning Proposal exhibition will be reviewed, and recommendations prepared for Council’s consideration. 

7.   The Planning Proposal will be presented to Council for endorsement and then forwarded to the Minister of Planning to make the LEP.

During these processes, amendments to the draft Planning Proposal will continue to be made. These changes may result from further consultations (such as with relevant government agencies), directions or suggestions from the DP&I or additional technical information, that subsequently affect the draft Sydney Science Park LEP.

To ensure that the Gateway process occurs in a timely and efficient manner, it is important to obtain a Gateway Determination at an early stage to allow step 4 above (consultation with public authorities) to be undertaken as soon as possible.  This is because public authority requirements often necessitate lengthy reconciliation and negotiation and can lead to material changes to a Planning Proposal.

It is intended also, over the coming months, to arrange a briefing for Councillors with the proponents. 

Conclusion

The draft Planning Proposal is directly aligned with the vision for BWSEA which is to strengthen the economic growth of NSW and increase job opportunities for Western Sydney along with bringing a variety of higher order job options.  

Jobs and infrastructure delivery are the principal challenges for the BWSEA and the Sydney Science Park is able to deliver both of these critical components. Council has advocated the need for identification of cutting-edge industries that have the ability to catalyse development of the BWSEA.  This development is able to meet these aspirations whilst delivering a unique specialised centre focusing on the health, education and energy sectors.

 

 

RECOMMENDATION

That:

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

2.     Council endorse the enclosed Planning Proposal for Sydney Science Park to be forwarded to the Department of Planning and Infrastructure seeking a Gateway Determination under s56 of the Environmental Planning and Assessment Act 1979.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Department of Planning & Infrastructure seeking the Gateway Determination.

4.     Council seek approval from the Gateway to publicly exhibit the Planning Proposal for the Sydney Science Park LEP in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Infrastructure as part of the s56 Gateway Determination.

 

ATTACHMENTS/APPENDICES

1. View

Sydney Science Park Indicative Masterplan

1 Page

Appendix

2. View

Sydney Science Park Draft Zoning Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                              3 February 2014

Appendix 1 - Sydney Science Park Indicative Masterplan

 


Ordinary Meeting                                                                                                              3 February 2014

Appendix 2 - Sydney Science Park Draft Zoning Plan

 


Ordinary Meeting                                                                                               3 February 2014

 

 

 

3

Wianamatta Regional Park - Proposed Emu Relocation and Timing of Transfer of Regional Park to State Government    

 

Compiled by:               Tony Crichton, Senior Environmental Planner

Authorised by:            Paul Grimson, Strategic Planning Manager  

Requested By:             Councillor Prue Car

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

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

       

 

Executive Summary

Councillor Prue Car has requested a report regarding the proposed relocation of emus from the Wianamatta Regional Park (the Park) and the proposed timing for the transfer of land to the NSW State Government.

 

Recently the State Government granted a licence to Lend Lease permitting the relocation of emus.

 

The Mayor subsequently wrote to the Minister for the Environment advising that Council had not received formal advice from the Office of Environment and Heritage (OEH) and requesting further information on this matter.

 

The Minister responded on 17 December advising that she had asked OEH to ensure that no further emu relocations would occur until community consultation had been undertaken. 

 

On 14 January 2014 Council officers met the Director and Area Manager for OEH regarding the management of macrofauna within the Park, the timing of the transfer of the remaining land for the park to the State Government and arrangements being made by OEH for community consultations.  OEH has advised that it is the Government’s intention to retain a sustainable population of kangaroos and emus permanently within the Park, and that two community consultation workshops had been arranged for Tuesday 28 January and Tuesday 4 February 2014.  The first of these community workshops has now been conducted.

 

OEH also indicated that the timing of the transfer of the remaining land within the Park to the State Government is dependent on a number of factors, most notably the resolution of easements for access and maintenance of drainage facilities and utility services that are required to support the adjacent urban development.  OEH will be working with Lend Lease and the Department of Planning and Infrastructure (DP&I) to set a firm timeline for the transfer of these lands as a priority.

Background

On 6 December 2013, Lend Lease informed Council that pursuant to Section 127 of the National Parks and Wildlife Act, OEH issued a license to Lend Lease to allow for the relocation of emus from the Park to an emu farm on the central coast of NSW.

 

Lend Lease has indicated that the decision had been reached due to increasing vandalism to the boundary fence, which has allowed emus onto public roads where they have presented a hazard to themselves and the public.  Lend Lease has also advised that a consultation letter was sent on 6 December 2013 to landowners fronting the southern boundary of the site within Werrington Downs advising them of the decision by Lend Lease to relocate the emus.

 

OEH did not inform Council of this action, however subsequent enquiries with OEH revealed that a Section 127 license was granted to Lend Lease in late November 2013.

 

On 16 December 2013 the Mayor Councillor Ross Fowler OAM wrote to the Minister for the Environment, the Hon Robyn Parker MP regarding the recent decision to grant a license to Lend Lease permitting the relocation of the current emu population to an emu farm on the Central Coast and other locations.  The letter indicated that -

 

·    Council had not received formal advice from OEH on this matter

·    prior consultation with Council would have been appropriate, and

·  Council has previously expressed its support for the retention of emus and kangaroos on the site.

 

The letter requested that OEH provide documentation to Council on the terms of the licence and justification for the proposed relocation, and that the Minister delay any further relocation of emus until Council had an opportunity to consider the matter and formulate a response.

 

On 17 December 2013 the Minister responded in writing advising that she had asked OEH to ensure that no further emu relocations would occur until community consultation had been undertaken. 

 

A copy of the Minister’s letter was forwarded to all Councillors on 18 December 2013. 

 

A public meeting organised by the Western Sydney Conservation Alliance was also attended by the Director of OEH (Metropolitan and Mountains Branch) on 19 December 2013.

Current position

On 14 January 2014 Council officers met the Director and Area Manager for OEH regarding the management of macrofauna within the Park, the timing of the transfer of the remaining land for the park to the State Government and arrangements being made by OEH for community consultations.  OEH advised -

 

1. A decision was made some years ago to retain kangaroos within the park, however the kangaroo population will reduce over time as the population has already been surgically sterilised. 

 

2. It has always been the Government’s intention to retain a sustainable population of kangaroos and emus permanently within the park.  OEH will employ a researcher to determine, on scientific grounds, the number of emus that can be sustainably retained within the park.

 

3. The decision to issue a license to Lend Lease for emu removal was originally made for two individual emus which had repeatedly escaped from the site.  Any additional requests were to be considered on a case by case basis. 

 

The timing of the transfer of the remaining land designated for Regional Park to the State Government is dependent on a number of factors, most notably the resolution of easements for access and maintenance of drainage facilities and utility services that are required to support the adjacent urban development.  OEH will be working with Lend Lease and DP&I to set a firm timeline for the transfer of these lands as a priority.  When the land is transferred to the NSW State Government, OEH would commence the detailed planning and construction phases where signage, fencing and track maintenance will be completed prior to the park opening to the public.  We advised that we would be seeking the finalisation of this land transfer as a priority.

Community Consultation Process

OEH advised that it would facilitate two community consultation workshops scheduled for Tuesday 28 January and Tuesday 4 February 2014 at the Werrington Downs Neighbourhood Centre.  The first of these workshops has now been concluded.

Conclusion

Council welcomes the prompt response from the Minister for the Environment to acknowledge the importance of the emu population as a feature of the biodiversity of the Wianamatta Regional Park and retain a sustainable population of kangaroos and emus permanently within the Park.  We also welcome the community consultations being facilitated by OEH.

 

Council officers will continue to liaise with OEH and Lend Lease to ensure macrofauna within the Park are properly managed as an important element of the Park’s biodiversity and that the work required to enable the transfer of the remaining within the Wianamatta Regional Park to Government is prioritised.

 

Officers will also liaise with OEH and Lend Lease to ensure that adequate and timely formal advice to Council and community engagement occurs in relation to matters of public interest related to the Park and its management.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Wianamatta Regional Park - Proposed Emu Relocation and Timing of Transfer of Regional Park to State Government be received.

2.     Council write to the Minister for the Environment reiterating Council’s long-held position that a sustainable population of both emus and kangaroos be retained within the Wianamatta Regional Park on a permanent basis.

3.     Council write to the Minister for Planning and Infrastructure and the Minister for the Environment seeking the transfer of the remaining lands within the Wianamatta Regional Park to the NSW State Government as a priority.

4.     Council invite senior management from the Office of Environment and Heritage to provide a briefing to Councillors on matters pertaining to the management of the Wianamatta Regional Park and transfer of the remaining lands to the State Government.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               3 February 2014

 

 

 

4

Wianamatta Regional Park - Management of Feral Animal Programs   

 

Compiled by:               Tony Crichton, Senior Environmental Planner

Authorised by:            Paul Grimson, Strategic Planning Manager  

Requested By:             Councillor Michelle Tormey

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

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

       

 

Executive Summary

Councillor Michelle Tormey has requested a report responding to ten matters regarding wild or uncontrolled dogs in the proposed Wianamatta Regional Park.  Matters raised relate to evidence of wild or uncontrolled dogs, current numbers and their management, public safety and risk management, any actions to protect existing macrofauna (emus and kangaroos) on the site, any removal of macrofauna, liability to Council, relevant approvals, and relevant correspondence and responses from Lend Lease and State Government.

 

The management of emus and kangaroos within the site is governed by the ‘Macrofauna Management Plan’ (MMP) which was endorsed by the NSW Government in 2004. 

 

The management of feral and domestic/stray animals is governed by the ‘Feral and Domestic Animal Management Strategy,’ which was submitted by Lend Lease as part of a site of plans and strategies and adopted by Council on 9 March 2013.

 

A detailed response to the matters raised is annexed to this report.  The responses have been compiled from discussions and advice received from OEH, Lend Lease and Council officers.

Conclusion

Discussions with Council’s rangers, OEH and Lend Lease have indicated the presence of wild and uncontrolled dogs on the site.  OEH advises that wild dogs have now been removed from the site and that it is satisfied that the matter is now under control. 

 

 

 

RECOMMENDATION

That the information contained in the report on Wianamatta Regional Park - Management of Feral Animal Programs be received.

 

 

 

 

 

 

ATTACHMENTS/APPENDICES

1. View

Response to questions raised by Cr Tormey

6 Pages

Appendix

2. View

Correspondence

8 Pages

Appendix

  


Ordinary Meeting                                                                                    3 February 2014

Appendix 1 - Response to questions raised by Cr Tormey

 

Response to Matters raised by Councillor Tormey on 25 November 2013 regarding the management of feral animals in Wianamatta Regional Park

 

1.         Historic evidence of wild or uncontrolled dogs in the former ADI Site/proposed Wianamatta Regional Park.

 

Lend Lease Response

Widespread monitoring and observation of wild dog activity on the site has been undertaken over a number of years.  Between February 2007 and April 2011, dog sightings were very infrequent and many of them were domestic dogs from the Llandilo Area.  From 2011 until January 2014 sightings continued to be infrequent with no impact on the macrofauna.

 

OEH Response

The best information on this comes from Lend Lease, who have supplied information to Penrith Council.  NPWS staff have noticed occasional domestic dogs in the site, mostly between the Central and Western precincts, and north of this, and this would be consistent with these dogs generally coming from the Llandilo area.

 

NPWS is aware that Lend Lease has employed an experienced dog-trapper, and is also receiving advice from a wild dog expert, David Jenkins of the University of Sydney.  Lend Lease has advised that two dogs were trapped in May 2013, and that genetic analysis showed that they were ‘wild dogs’.  NPWS is unaware of any further wild dogs in the site, but Lend Lease is continuing to engage the dog trapper to check that this is indeed the case.

 

There are wild dogs living in the Blue Mountains, and they will occasionally disperse away from there, usually because of disturbance such as a fire, but sometimes just because they are ‘excess’ animals without a territory.  It is very unusual to find wild dogs in Western Sydney, and it is considered most likely that this was a rare event, and that, once the wild dogs had arrived at the site, there was enough food to keep them in the area (mostly in the form of carrion, as there would probably be 1-2 kangaroos dying of old age each week). 

 

Council comment

Council’s Ranger Services have indicated that there was evidence of a pack of wild dogs within the Wianamatta Regional Park (the Park) in late 2012.  Lend Lease contractors trapped 12 wild dog pups in late 2012 and Council agreed to send them to the Hawkesbury Animal Shelter.  Ten of the pups were rehabilitated and re-homed with new owners.  At this time, it is understood that a pack of 6-10 dogs were present within the park. 

 

2.         Current numbers of wild or uncontrolled dogs in the proposed Wianamatta Regional Park and evidence of how they are being managed.

 

 Lend Lease Response

Lend Lease is not currently aware of any wild or uncontrolled dogs in the proposed Wianamatta Regional Park.  Recent on-site monitoring conducted in 2013 indicated one domestic dog sighting on site in June, no dog sightings at all in July, August and September.  On two days in October 2 dogs were seen; there was one sighting in November, none in December and none to date in January.

 

Lend Lease has recently verbally advised that in 2012 they installed closed-circuit TVs (CCTV) within the site in order to confirm whether there were wild dogs on the site and to determine numbers of dogs present.  Lend Lease have recently met with their contractors who have advised that at present, no dogs have been sighted within the Park. 

 

OEH Response

Again, Lend Lease will have supplied the most accurate information on this.  The dog trappers are due to work on the site again in the next couple of weeks, so that will help clarify the current situation, but NPWS would not expect a continuing population of wild dogs (although it would not be entirely surprising if a further wild dog was trapped).  NPWS would also not expect there to be ongoing invasions of wild dogs into the site, but again, it is always possible that one or two may again wander down from the Mountains in the future.  In other words, NPWS does not consider that the ADI site is a normal part of the range of wild dog populations in NSW, but just an occasionally/rarely-visited area.

 

On the other hand, incursions by ‘domestic’ dogs, (whether tame or relatively wild) is likely to continue at some level.  There has been a general improvement in this over the past decade as companion animal regulation has improved, but in general, whenever people let their dogs run free, then some will sooner or later find their way into bushland.

 

At a meeting on 14 January 2014, OEH has advised that wild dogs, thought to be responsible for some recent attacks on kangaroos, have been captured by Lend Lease contractors and removed from the site.

 

3.         What is the risk management plan for the public safety regarding wild or uncontrolled dogs in the proposed Wianamatta Regional Park.

 

Lend Lease Response

Please refer to the Wianamatta Regional Park Plan of Management.

 

Council comment

Council has a risk management plan for both wild dogs and domestic dogs (companion animals) within Council-owned land such as the Jordan Springs suburb. 

 

OEH Response

There is no specific risk management plan covering dogs for visitors to the Regional Park at present, and there is no evidence that one is necessary at present.  Wild dogs are generally very shy, and do their best to stay away from humans, and there are no significant incidences of attacks in the many parks which have sizable populations of wild dogs.  At present, there is no evidence that there is a continuing population of wild dogs in the Park, but if evidence of such arises, then the first move would be to eliminate the risk by removing the dogs.

 

The most likely cause of dog attack, inside or outside the Park, is from an uncontrolled domestic dog, as they are more likely to be unafraid of humans.  Normal controls for uncontrolled domestic dogs would apply. 

 

4.         What actions are being taken to protect and retain macro-fauna within the site from wild or uncontrolled dogs.

 

Lend Lease Response

Lend Lease operates under the MMP which is a comprehensive document stipulating how all macro fauna is managed within the St Marys Precinct.  It has implemented this plan under the licence and its conditions, issued by NPWS.  Lend Lease has advised that the MMP is reviewed annually and includes a thorough review of all events affecting macrofauna on site for the preceding year – within this Plan animal welfare is absolutely paramount.

 

As part of this plan daily external fence checks are conducted and where required repairs are carried out.  There are a number of personnel on site that continuously monitor domestic and wild dog activity.  Lend Lease contractors utilise infra-red cameras, sand plots set to determine movement and non-toxic cage traps to capture any dogs sighted.

 

Lend Lease has advised verbally that it has installed closed-circuit TVs (CCTV) within the site with multiple cameras that activate with animal movement.  Lend Lease has also consulted with the Livestock Health & Pest Authority (LHPA) and their recommended contractors who have visited the site on several occasions since 2006.  Wild dog trapping experts have been engaged to survey the site and remove feral and wild dogs as required. 

 

Council comment

The LHPA have considerable experience with capturing large numbers of wild dogs, so it is pleasing that Council’s advice some years ago to utilise LHPA was acted on.

 

The key issue that must be addressed is whether the landowner, Lend Lease, has adequately implemented the ‘Feral and Domestic Animal Management Strategy’ so as to ensure the protection of kangaroos and emus from wild dog attacks.  Although our rangers have indicated that there has been evidence of some attacks on macrofauna, recent discussions with Council rangers and OEH have indicated that this Strategy has been implemented satisfactorily.

 

OEH Response

Again, Lend Lease is the best source of information on this question.  NPWS is confident that Lend Lease has been taking appropriate measures to trap and remove dogs within the site.  As previously stated, it is more likely that dogs on the site will be eating carrion (macrofauna that have died from other causes) than that they will be successfully hunting and killing macrofauna.  As with all predator-prey interactions, it is also more likely that any dogs that were attempting to kill an animal will target individuals that are already injured or sick, than healthy individuals.

 

In regard to the newspaper story, NPWS is unclear about the evidence used to conclude that wild or uncontrolled dogs had killed a kangaroo on the ADI site.  If there are witnesses to an attack, then NPWS would certainly be interested in hearing from them.  If not, then there are a number of good reasons to be cautious about concluding that this death was indeed the result of a dog attack.

 

As previously noted, two wild dogs were caught on the site in May 2013, and there has not been good evidence of a continuing presence on site since then.  (It is NPWS’ understanding that here has been one dog sighting since May 2013, and it was not possible to determine if the dog sighted was wild or domestic).  There is always a likelihood of uncontrolled dogs entering the site (as with any urban area in Sydney), but it would take a number of large and skilled dogs working as a pack (whether wild or uncontrolled dogs) to corner and kill a large kangaroo, as pictured.  It would be fairly usual for a large male kangaroo to kill or maim at least one of his attackers in the process.  Furthermore, a pack of dogs hunting a kangaroo would usually make a fair amount of noise, and as this kangaroo was apparently found close to a developed area, then you would expect that someone would have heard the commotion and noticed the attack.

 

As opposed to this, we know that at least one dead kangaroo is found on average each week, and the number of kangaroos dying of natural causes on site is probably higher than this.  The Macrofauna Management Team is on-site on a daily basis, and has observed that carcasses are attacked by eagles, crows, foxes, cats and dogs as soon as the animal dies.  In the absence of any eyewitness account or other evidence, the most likely explanation for the animal in the photos is that an old kangaroo has died of natural causes, and his carcass has been scavenged by a number of animals.  This is supported by the fact that the photo does not show any evidence of self-defence wounds on the kangaroo’s legs or arms, which might be likely in a dog attack, although it is not possible to be conclusive based solely upon photos.

 

5          Whether any kangaroos or emus have been removed from the site, to where and under what authority that was allowed.

 

Lend Lease Response

In accordance with the provisions of Section 127 National Parks and Wildlife Act, 1974, a licence has been issued to relocate emus located at the site.

 

A recipient site has been selected in NSW that has the necessary infrastructure and licensing in place to allow safe, careful and humane handling of emus.

 

Two emus have been relocated to the new site in accordance with licence conditions.  No relocations have occurred since the Minister announced that community consultation with stakeholders must occur.

 

OEH Response

Twenty kangaroos were translocated from the site to Yengo National Park in 2007-08, and 2 emus were translocated to the Central Coast in 2013.  Both translocations were done under licences issued by the NSW NPWS, and in accord with the conditions applying under those licences.

 

 

6.           What liability is there to the Council as the consent authority for DAs on the site if any residents of Jordan Springs are attacked?

 

Lend Lease Response

Please refer to the Wianamatta Regional Park Plan of Management.

 

Council Comment

Council’s Risk Management Coordinator has confirmed that there is no liability on Council as the dog is not under the care, custody or control of Council.  Generally, a dog attack places a liability on the dog owner and Council would not be responsible. 

 

7.         A list of the approvals given by Council where Lend Lease has cited its Domestic and Feral Animal Strategy as meeting the Cumberland Plain Recovery Plan.

 

Council Comment

The Western Precinct Plan was submitted to Council with numerous supporting plans and strategies including the ‘Feral and Domestic Animal Management Strategy.’  Precinct plan approval was granted on the basis that this suite of information supported the proposed development by identifying areas capable of accommodating urban development.   Development consents have subsequently been granted by Council within Jordan Springs (Western Precinct) as the proposals are in accordance with the adopted Western Precinct Plan. 

 

The Cumberland Plain Recovery Plan was prepared to provide a foundation for future biodiversity protection in western Sydney.  The protection of the Wianamatta Regional Park has already been achieved.

 

The key issue is whether the landowner, Lend Lease, has adequately implemented the ‘Feral and Domestic Animal Management Strategy’ so as to ensure the protection of kangaroos and emus from wild dog attacks.  This has been discussed above.

 

A list of approvals given by Council within Jordan Springs can be obtained by making application under the Government Information (Public Access) (GIPA) Act 2009.

 

8.         A copy of the letter Council wrote to Lend Lease, NPWS and the NSW Environment Minister following Council’s resolution of February 2013.

 

Council Comment

Letters are appended to this report.

 

9.         A copy of any responses from Lend Lease, NPWS and the NSW Environment Minister.

 

Council Comment

Letters appended to this report.

 

 

 

 

10.       A list of follow-ups done by Council staff relating to any undertakings provided by the above.

 

Council Comment

In regard to the future transfer of Wianamatta Regional Park lands to the State Government, Council has held detailed recent discussions with OEH and Lend Lease to determine a potential transfer date.

 


Ordinary Meeting                                                                                                              3 February 2014

Appendix 2 - Correspondence

 








 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

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

 

Item                                                                                                                                                Page

 

5        Urban Development Institute of Australia National Congress 2014                               45

 

 



Ordinary Meeting                                                                                               3 February 2014

 

 

 

5

Urban Development Institute of Australia National Congress 2014   

 

Compiled by:               Katrina Parker, Acting Property Development Manager

Authorised by:            Vicki O’Kelly, Executive Manager Corporate   

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Utilise Council's property portfolio to stimulate growth and development opportunities in the City

        

 

Executive Summary

The Urban Development Institute of Australia National Congress is to be held in Brisbane on 26 – 28 March 2014.  Councillors have attended this Congress in the past and it would be appropriate for Council to nominate Councillors interested in attending the conference.

 

The Urban Development Institute has a major role to play in developing the social and cultural fabric of a community and that is why events such as the National Congress are extremely important in terms of discussing future directions.  The Congress is particularly relevant to the expansion of the Penrith and St Marys City Centres.

Background

Council, through the Property Development Department, is a member of the NSW Division of the Urban Development Institute of Australia.  The Institute has a yearly National Congress, which alternates around capital cities in Australia from year to year. The Congress provides hands-on experience with technical tours to prominent development sites within each city, enabling attendees to become more attuned to the modern forms of development within our environment.

 

Current Situation

Brisbane is the host for 2014 (42nd) National Congress, following Melbourne’s successful Congress in 2013.  The theme of the 2014 Congress is “Rise Up! It’s Time to Take Charge of The Future” and will be held at the Brisbane Convention & Exhibition Centre from 26 - 28 March 2014.  The program has incorporated innovative and topical sessions and speakers and recognises the current challenges facing developers and regulators. 

 

A strong group of guest speakers has been engaged in the areas of development, politics, finance, economics and business and topics to be addressed include:

 

·        Peter Thompson – Master of Ceremonies

·        Richard Peiser and Michael D. Spear - Emerging Trends in Real Estate Development– An International Perspective

·        Mark McCrindle -  Demographic Snapshot of Australia – Now and Towards 2020

·        Loretta Byers and Mark Prosser -  Implications of an Ageing Population

·        Arun Broadhurst – What are the Real Housing Need for 2025 and What Does it Mean for Generation X?

·        Jonas Jaanimagi – The Digital Natives are Restless

·        Chris Richardson – Economic Outlook – What the Development Sector Needs to Know

·        Susan Lloyd-Hurwitz and Mark Steinart – Future Asset Classes 

·        McCann vs SapientNitro – The Pitch (Two of Australia’s most awarded advertising agencies go head to head)

 

The Urban Development Institute has a major role to play in developing the social and cultural fabric of a community and that is why such events as the National Congress are extremely important in terms of discussing future directions.  The Congress is particularly relevant to the expansion of the Penrith and St Marys City Centres.

 

It is noted that the cost of each delegate for the Congress is $2,500 plus accommodation and flights.

 

Councillors are invited to nominate to attend the Congress to be held in Brisbane from 26-28 March, 2014. An officer from the Property Development Department will be attending the Congress.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Urban Development Institute of Australia National Congress 2014 be received.

2.     Council nominates its delegates to attend the Urban Development Institute of Australia National Congress 2014 to be held in Brisbane from 26 - 28 March 2014 and grant leave of absence as appropriate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 5 - We care about our environment

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                                Page

 

6        Regional Tennis Facility - Proposed Site                                                                          51

 

7        Roads and Maritime Services, Better Boating Program Grant                                        57

 

 



Ordinary Meeting                                                                                               3 February 2014

 

 

 

6

Regional Tennis Facility - Proposed Site   

 

Compiled by:               Andrew Robinson, Recreation Manager

Authorised by:            David Burns, Executive Manager - City Assets   

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Advocate for sport and recreation venues and services for the City

       

 

Executive Summary

Council’s Recreation Working Party, on 31 July 2013, determined that two locations, Penrith Panthers and Penrith Lakes presented the most viable locations for a Regional Tennis Facility and that these should be subject to further investigation.

 

This report outlines that since the Recreation Working Party met, there has been representation from Tennis Australia, InsideEdge consultants have completed an audit analysis of each site, and Council Officers have met with both the CEO of Tennis NSW and Penrith Panthers. Tennis Australia, Tennis NSW and InsideEdge have identified that, of the two sites, a Regional Tennis Facility will be best located at Penrith Panthers (location map provided to Councillors under separate cover) and Penrith Panthers endorses this proposal.

 

Recent correspondence has been received, jointly compiled and submitted by the CEO of Tennis NSW and CEO of Penrith Panthers, seeking Council’s endorsement of Penrith Panthers as the future site for the development of a Regional Tennis Facility.

 

This report recommends that Council endorse Penrith Panthers as its preferred site for the future development of a Regional Tennis Facility subject to the resolution of any site constraints.

Background

Tennis Australia is seeking to provide 74 Regional Tennis Centres across Australia with a desire that these facilities should include a minimum of 14 courts with an appropriate standard of ancillary facilities. The outcomes for these centres, as stated by Tennis Australia, are that; they provide a grand slam surface type, they deliver national and state based tournaments, have a high performance and talent feeder focus, provide grassroots development, are an economic driver, are sustainable and are a resource for smaller centres as well as clubs and associations, and promote community health and well being.

 

Tennis Australia has provided a submission to Council Officers which identifies the strategic need for a Regional Tennis Facility in Penrith.

 

“Tennis Australia/Tennis NSW see a Regional Centre in Penrith LGA covering a catchment that would include Richmond and surrounding suburbs to the north, Katoomba and all the suburbs and towns in the Blue Mountains, the fringe suburbs of the western part of Liverpool LGA and the northern part of Camden LGA.”

 

Council’s adopted Tennis Development Plan identified a number of potential sites as options for a Regional Tennis Facility in Penrith. A Tennis Development Steering Group (including representatives of Tennis NSW, Nepean District Tennis Association, Emu Plains Tennis Court Management Committee, tennis coaches and Council Officers) was established to assess the potential of these sites for the development of a Regional Tennis Facility utilising Tennis Australia’s criteria. The sites identified were: Gipps Street, University of Western Sydney, Carpenter Site, Penrith Panthers Precinct, Penrith Lakes, and South Creek Park (St Marys Tennis Centre). In addition, locations at Chapman Gardens and the former golf driving range at Jamison Road were also considered.

 

The Tennis Development Steering Group’s assessment of these sites, including advantages and disadvantages, was presented to the Recreation Working Party which determined, at its meeting on 31 July 2013, that Penrith Panthers and Penrith Lakes were its preferred sites for a Regional Tennis Facility and that further investigation of each should occur to enable Council endorsement of a location. At this time the Tennis Development Steering Group indicated that Penrith Panthers was its favoured site. 

 

InsideEdge consultants were subsequently engaged to conduct the investigation of the Penrith Panthers and Penrith Lakes sites. InsideEdge has been engaged previously to complete the Tennis Development Plan for the City and have been lead consultants for the completion of feasibility plans for the development of Regional Tennis Facilities across the country.

 

Current Situation

InsideEdge’s investigations have been completed, and submissions have been received from Tennis Australia and Tennis NSW identifying Penrith Panthers as the preferred site for a Regional Tennis Facility in the City. The position of both tennis organisations is endorsed by Penrith Panthers. This section of the report provides detail of InsideEdge’s report finding as well as the submission from Tennis Australia and a joint submission by Tennis NSW and Penrith Panthers.

 

a)      InsideEdge Report

InsideEdge has completed consultation, benchmarking and an audit of the sites based on the general criteria set out by Tennis Australia to guide the selection of venues for the project. The criteria are as follows:

 

-        Located within or in proximity to public open space (parklands, walking tracks etc).

-        Nearby connectivity with other sporting community uses (e.g football oval, playground).

-        Easy access to strength and conditioning facilities (gyms and pools)

-        Minimum of 14 courts or space/intention to develop.

-        Catchment area – within 10-15 minutes by car and 5 to 10 minute walk from public transport and town centres or key destinations.

-        Sound or suitable sub-base for structure.

-        Some additional land on the site capable of additional tennis development.

-        Existing relationship with the relevant LGA and/or facility.

-        Suitable population catchment (i.e. facility is currently or projected to serve, within three years, a catchment of 200,000 within in 15km radius)

-        Identification in the State Tennis Master Plan for facilities and Tennis Australia 20/20 Blueprint.

 

As a result of its study, InsideEdge has provided the following assessment of each site.

 

i)                Penrith Panthers

-        It is well serviced by other sporting infrastructure, particularly opportunities

presented by synergies with the proposed construction of the Western Sydney

Community Sports Centre. It is serviced by accommodation, food, entertainment and

shopping outlets. These elements appear to offer a highly attractive tournament venue.

-        It has the potential to leverage off existing amenities, entertainment options and

          membership base at the site.

-        A key benefit of the site is its proximity to the M4, centrality to Penrith City Centre and

          proximity to Woodriff Gardens and the existing tennis membership base in the City,

          presenting the opportunity to diversify tennis programming.

-        It is located within established housing estates and presents an accessible option for the primary catchment area (i.e. residents of Penrith Local Government Area)

-        Based on an independent flood assessment conducted by J.Wyndham Prince the overall

          findings suggest that construction of tennis facilities at the location would have little or

          no impact on flood levels. Some further investigation will be required.

-        The cost and suitability of land reinstatement at the site could be prohibitive.

-        There is a risk that due to private ownership of the land, and the potential for change of

          land use at the end of the lease tenure, although this can be negated somewhat through

          lease negotiation.

-        There could be potential restrictions on the provision of gymnasium and social/function facilities due to its proximity to Penrith Panthers and the future Western Sydney Community Sports Centre which may impact revenue generation capacity. This could be negated somewhat through lease negotiation.

 

ii)               Penrith Lakes

-        A master plan is currently being developed for Penrith Lakes and there is a lack of clarity around the availability of land for development, its size and the timing of any future land development.

-        It is approximately 5km north of Penrith City Centre and the existing Woodriff Gardens Tennis Centre however it could be located adjacent to a key growth area of Penrith and is currently located close to densely populated areas to the east.

-        The site lacks ‘visibility’ for tennis and would not attract ‘passing trade’ or provide visual promotion – it should be considered more a destination venue and would form more of a tournament and academy focus and not a strong community focus.

-        There is the potential for a more secure lease dependent on final land ownership.

-        Impact of flooding and flood mitigation is unknown.

 

b)      Tennis Australia Submission

 

A submission provided by Tennis Australia analysing the proposed Penrith Panthers and Penrith Lakes locations states:

 

 

 

i)       Penrith Panthers

“The Panthers is seen as an optimal site because of its proximity and link to other community and sporting facilities. It is also close to the CBD and, it would appear to be a high profile location. Being at the western side of the City and close to the M4 makes it very accessible for people coming from the Mountains.

 

The Panthers site is also ideal as a tournament venue. Tennis Australia is looking for more, good quality Pro Tour tournament venues (as well as tournament venues for other levels of tournaments). There are a range of criteria outside of the venue that Tennis Australia and the International Tennis Federation look for to deliver top end tournaments. This includes close proximity to accommodation, food and shopping outlets, gym and other training facilities and being close to public transport. The Panthers site appears to cover all these criteria.

 

The risk with the Panthers site is that it is on private land, although this issue could be overcome through lease agreement with the owner and agreement on suitable lease terms. Tennis in Sydney has suffered the loss of several centres on private land in recent years and with land at a premium in Sydney, it is very difficult to replace those lost courts for the community.”

 

ii)    Penrith Lakes

“The Lakes site is seen as an option worthy of further investigation because it is part of a planned community and sport and recreation precinct.

 

The Lakes site, as a State Government site, also allows some greater flexibility in the tenure at the site and may possibly draw greater investment from the State Government.

 

While it is further north and further away from the M4 than the other sites, it is in a growth area adjacent to Cranebrook and an easy commute to the densely populated Werrington and Cambridge Park areas.

 

The possible drawback for this site is the timeline on the site which is unknown, and existing operations on the site.”

 

Tennis Australia has also provided detail of how a Regional Tennis Facility in Penrith could complement and not compete with the Regional Tennis Facility soon to be developed in Blacktown.

 

‘If Penrith has a surface which is similar/same to Blacktown there would be more

direct competition than if the centres had differing surfaces, in which case one would

imagine the two centres would share resources, particularly for tournament players in

preparation for upcoming events on one or two of the surfaces (e.g. clay or acrylic).’                 

c)       Tennis NSW and Penrith Panthers Submission

 

Since the completion of the audit by InsideEdge and the submission from Tennis Australia, further combined representation has been received from both Tennis NSW and Penrith Panthers in a jointly signed letter from both of these organisations, received in December 2013. In this correspondence the CEO of Tennis NSW states:

 

“After thorough examination of all potential site options, Tennis is of the view that Panthers is clearly the preferred site for a Regional Tennis Facility.

 

The Lakes, while carrying many of the potential qualities and criteria that Tennis is looking for in a Regional venue, still carries many unknowns. Importantly, this includes the timeframes around the site’s availability and future development in and around the site.

 

The Panthers site appears to cover all of the criteria exceptionally well, and many of the supporting elements exist or are planned to be delivered at the site or in close proximity.

 

In addition, the Panthers $53m Western Sydney Community and Sports Centre development focuses on improving links between the site, Penrith Stadium, the city centre and river, and to make Penrith Panthers a destination of choice for locals and visitors alike. This is something we understand Council supports and a Tennis development at the precinct would only add another dimension to this project.”

 

In response to this correspondence and the findings of the InsideEdge report, Council Officers have met with both Tennis NSW and Penrith Panthers to clarify a number of matters identified in the documentation. This meeting established that, should the Penrith Panthers site be endorsed by Council as the preferred site:

 

-        Penrith Panthers will provide remedial earthworks ‘in kind’ to provide a suitable

          foundation to support the construction of the new facilities.

-        Penrith Panthers will provide the land on an initial 30 year lease to the operator of the

          facility. The lease will include items such as rental fee agreements, and asset

          maintenance and renewal responsibilities.

-        Tennis Australia will consider up to a $300,000 funding commitment to the project through its National Court Rebate Scheme, subject to program criteria being met and budget approval.

-        Tennis Australia/Tennis NSW will engage with Nepean District Tennis Association to

          establish the most appropriate management mechanism for the facility.

-        Tennis Australia/Tennis NSW and Penrith Panthers will prepare concept plans, and

          business feasibility plans at their cost.

-        Tennis Australia/Tennis NSW and Penrith Panthers will complete all design   documentation, reports and development applications associated with the construction

of the facility as well as project manage the facility’s development at their cost.

-        Tennis Australia/Tennis NSW and Penrith Panthers will lobby for funds from State and

          Federal Government for the project. 

-        Penrith City Council’s role in the provision of a Regional Tennis Facility will be to support any funding submission to State or Federal Government and will provide advice regarding project elements such as the Development Application submission. 

 

Conclusion

The commitment shown by Tennis Australia, Tennis NSW and Penrith Panthers towards developing a Regional Tennis Facility at Penrith Panthers; InsideEdge’s site analysis identifying Penrith Panthers as the best site of the two audited; Penrith Panthers’ commitment to providing a suitable landform and, both Penrith Panthers’ and Tennis’ joint commitment to resourcing and completing the project from concept to completion (including seeking the funding) are key elements to be considered by Council when endorsing a site for the future development of a Regional Tennis Facility.

 

It is recognised that, in the future, Penrith Lakes has the potential to offer a fantastic recreational resource for the City, however the timing for this and the overall master plan for the site is currently unknown. This uncertainty is one of the critical elements in the site selection process, with the proposed Jane Street extension likely to require the relocation of the existing tennis facility at Woodriff Gardens in the near future.

 

Should Penrith Panthers be endorsed as the preferred site the project will be progressed by Penrith Panthers and Tennis Australia and Tennis NSW (in conjunction with the Nepean District Tennis Association) who will complete facility concepts (incorporating further flood assessments) and business feasibility studies and, subject to the outcome of these, will undertake detailed design, technical reports and the tender process, finalise the funding mix and seek State and/or Federal funding to realise the project.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Regional Tennis Facility - Proposed Site be received.

2.     Council endorse Penrith Panthers as its preferred site for the future development of a Regional Tennis Facility subject to the resolution of any site constraints.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               3 February 2014

 

 

 

7

Roads and Maritime Services, Better Boating Program Grant   

 

Compiled by:               Michael Jackson, Design and Projects Manager

Authorised by:            David Burns, Executive Manager - City Assets   

 

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

  

Previous Items:            NSW Government Transport - Roads and Maritime Services Better Boating Program - Grant Application - Ordinary Meeting - 22 July 2013    

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2013-14 Better Boating Program Grant funding offer.  The RMS Better Boating Program is a State Government initiative which aims to assist Councils and other agencies in providing new and improved boating facilities.

 

The report notes that Council officers have accepted the $82,000 grant offered due to the offer being made and acceptance being required between available Council meetings over the December-January period, and seeks retrospective endorsement along with confirmation of the commitment of $75,000 from the Grant Reserve as per the application.

Background

The RMS Better Boating Program is a State Government initiative which aims to assist Councils and other agencies in providing new and improved boating facilities.

 

As per Ordinary Meeting 22 July 2013 a Better Boating Program grant application was lodged for the following projects which had been identified within the then draft, Our River Masterplan:

 

-           Develop concept designs, cost estimates and construction documentation to   upgrade and extend the boat ramp at Tench Reserve with associated new road    access.

 -            Design and construct light water craft launching platforms.

 

The application included the commitment to allocate $75,000 from the Grant Reserve to form part of the matching funding required.  The remainder of matching funding was to be in the form of in-kind contributions.

 

In a letter dated 16 December 2013, the Hon Duncan Gay MLC, Minister for Roads and Ports, advised Council that the submission for grant funding had been successful and a grant totalling $82,000 was offered for the development of boating infrastructure in Penrith.  Acceptance of the funding offer was required prior to this first 2014 meeting of Council so has been actioned accordingly by Council officers.

Acting Financial Services Manager’s Comment

Each financial year an allocation of $50,000 is made to the grants reserve to give Council the ability to take advantage of any grant funding that may become available that requires a matching contribution from Council. The grant application made a commitment that the grant reserve would provide the matching contribution required should the grant funding be approved. The grant reserve has a budgeted closing balance of $319,781 which is sufficient to cover Council’s contribution of $75,000.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Roads and Maritime Services, Better Boating Program Grant be received.

2.     Council note the acceptance of the grant of $82,000, offered under the Roads and Maritime Services 20131-14 Better Boating Program and confirm the allocation of matching funding as detailed in the report.

3.     A letter of thanks be sent to the State Member for Penrith.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

8        Australian Local Government Women's Association 2014 NSW State Annual Conference         61

 

9        Summary of Investments and Banking for the period 1 December 2013 to 31 December 2013   63

 

 



Ordinary Meeting                                                                                               3 February 2014

 

 

 

8

Australian Local Government Women's Association 2014 NSW State Annual Conference    

 

Compiled by:               Laura Lal, Executive Assistant

Authorised by:            Glenn McCarthy, Executive Officer   

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Support the organisation to meet corporate statutory obligations

       

 

Executive Summary

The Australian Local Government Women’s Association (ALGWA) NSW State Annual Conference will be held in Broken Hill from Thursday 20 March to Saturday 22 March 2014.

 

Penrith City Council has five Councillor members of the ALGWA.

 

It would be appropriate for delegates to be nominated at this meeting.

Background

The Australian Local Government Women’s Association (ALGWA) was founded in 1951 with its principal aims and objectives being:

 

·   to assist in furthering women's knowledge and understanding of the function of local government;

·   to protect and enhance the interests and rights of women in local government;

·   to take action in relation to any subject or activity of particular interest to women affecting local governing bodies and/or local government legislation;

·   to act in an advisory capacity to intending women candidates for local government elections;

·   to encourage women into professional careers in local government.

 

Councillor Membership of ALGWA

 

Penrith City Council will have five Councillors who are members of the ALGWA in 2014 (Councillors McKeown, Greenow, Tormey, Hitchen and Car), two of whom are currently serving on the ALGWA Executive, being:

 

Cr Karen McKeown:                       Executive Member

Cr Jackie Greenow OAM:      Executive Member

 

In addition, Council’s S149 Officer, Bev Spearpoint, also serves as a Member on the ALGWA Executive.


Annual 2014 NSW ALGWA State Conference

The ALGWA 2014 NSW Annual State Conference will be hosted by Broken Hill City Council, and is being held in Broken Hill from Thursday 20 March to Saturday 22 March 2014. The theme of the Conference is ‘Embracing Change - Be The Driver

Not The Passenger.’

 

The annual ALGWA State Conference provides a platform for councillors and staff to gather to discuss current and emerging issues facing women in local government. An impressive line-up of speakers has been arranged for 2014. Each presenter will bring to the conference stories to challenge, inspire and empower conference delegates.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Australian Local Government Women's Association 2014 NSW State Annual Conference  be received.

2.     Council nominate its delegates to attend ALGWA’s Annual NSW State Conference, to be held in Broken Hill from Thursday 20 to Saturday 22 March 2014.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               3 February 2014

 

 

 

9

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

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Executive Manager Corporate   

 

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 December 2013 to 31 December 2013, a reconciliation of invested funds at 31 December 2013 and the Agency Collection Methods as at 31 December 2013 be noted.  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 31 December 2013.

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

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

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

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

4.     The Agency Collection Methods as at 31 December 2013 be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

2. View

Agency Collection Methods

1 Page

Appendix

  


Ordinary Meeting                                                                                                              3 February 2014

Appendix 1 - Summary of Investments

 





Ordinary Meeting                                                                                              3 February 2014

Appendix 2 - Agency Collection Methods

 

The following is an update of the methods to make payments to Council through various agencies.

 

 

 



Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday February 3 2014

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                        1

 

2        Commercial Matter - Council Property - Leasing of Shop 1/140 - 142 Henry Street (Allen Arcade), Penrith to Rejuvenate Skin Clinic Penrith Pty Ltd                                                            2

 

3        Commercial Matter - Council Property - Leasing of Shops 8 and 10/140-142 Henry Street Penrith to Academies Australasia Pty Ltd                                                                                      2

 

4        Commercial Matter - Council Property - Leasing of Shop 2/144 Henry Street Penrith to Academies Australasia Pty Ltd                                                                                                             3

 

5        Commercial Matter - Council Property - Lease Assignment Request from Rivers (Australia) Pty Ltd to Specialty Fashion Group Limited over 118 Henry Street Penrith                          3

 

6        Commercial Matter - Council Property - Easement for Underground Gas Main for Jemena Gas Networks (NSW) Ltd over part of Ched Towns Reserve, William Howell Drive Glenmore Park                                                                                                                                             3

 

7        Commercial Matter - Licence Agreement for St Anthony's Family Care                          3

 

8        Commercial Matter - Licence Agreement for Nepean Community and Neighbourhood Services                                                                                                                                             3

 

9        Senior Staff Matters                                                                                                           4

 

 


Ordinary Meeting                                                                                               3 February 2014

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed:

·                          prejudice the commercial position of the person who supplied it; or

 

·                          confer a commercial advantage on a competitor of the Council; or

 

·                          reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Commercial Matter - Council Property - Leasing of Shop 1/140 - 142 Henry Street (Allen Arcade), Penrith to Rejuvenate Skin Clinic Penrith Pty 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.

 

3        Commercial Matter - Council Property - Leasing of Shops 8 and 10/140-142 Henry Street Penrith to Academies Australasia Pty 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 - Council Property - Leasing of Shop 2/144 Henry Street Penrith to Academies Australasia Pty 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.

 

5        Commercial Matter - Council Property - Lease Assignment Request from Rivers (Australia) Pty Ltd to Specialty Fashion Group Limited over 118 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.

 

6        Commercial Matter - Council Property - Easement for Underground Gas Main for Jemena Gas Networks (NSW) Ltd over part of Ched Towns Reserve, William Howell Drive Glenmore Park

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

Outcome 4

 

7        Commercial Matter - Licence Agreement for St Anthony's Family Care

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.

 

8        Commercial Matter - Licence Agreement for Nepean Community and Neighbourhood Services

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.

 

 

 

 

Outcome 7

 

9        Senior Staff Matters

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENT       

 

 

 


Date of Meeting:          3 February 2014

 

Delivery Program:       Outcome 7   

 

Service:                         Financial Services

 

Report Title:                 2013-2014 Voted Works