5 March 2014

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an EXTRAORDINARY COUNCIL MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 10 March 2014 at 7:00PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Michelle Tormey - 4 March 2014 to 11 April 2014 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 February 2014.

 

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

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


EXTRAORDINARY COUNCIL MEETING

 

Monday 10 March 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

10&

 

 

 

 

 

 

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 Meeting

-            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 24 FEBRUARY 2014 AT 7:34PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by 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, Mark Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey (arrived 7:41pm).

 

His Worship the Mayor, Councillor Ross Fowler OAM read a statement expressing Council’s condolences to the family of Samuel Morris who recently passed away.

 

The meeting observed a minute’s silence at 7.39pm.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for the period 24 February 2014 to 6 March 2014 inclusive.

APOLOGIES

26  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain that an apology be received for Councillor Ben Goldfinch.

 

Councillor Michelle Tormey arrived at the meeting, the time being 7:41pm.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 3 February 2014

27  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 3 February 2014 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Tricia Hitchen declared a Pecuniary Interest in Item 1 - Development Application DA13/0604 for Self-Storage Unit Building with associated Car Parking, Landscaping and Site Works at Lot 8 DP 1105133, (No. 142) Old Bathurst Road, Emu Plains as she is the owner of the land subject to the Development Application. Councillor Hitchen indicated she would leave the room for consideration of the matter.

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 1 - Development Application DA13/0604 for Self-Storage Unit Building with associated Car Parking, Landscaping and Site Works at Lot 8 DP 1105133, (No. 142) Old Bathurst Road, Emu Plains as he is Accountant for the owner of the land subject to the Development Application. The Mayor indicated he would leave the room, and the Deputy Mayor Councillor Jim Aitken OAM would take the Chair for consideration of this matter.

 

Mayoral Minute

 

1        Four staff awarded Louise Petchell Sustainabilty Scholarships

Councillors Jim Aitken OAM and Michelle Tormey spoke in support of the Mayoral Minute.   

28  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that the Mayoral Minute on Four staff awarded Louise Petchell Sustainabilty Scholarships be received.

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 3 February 2014                                                                                                                                     

29  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 February, 2014 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 10 February 2014                                                                                                                    

30  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 February, 2014 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

Having previously declared Pecuniary Interests in Item 1, His Worship the Mayor, Councillor Ross Fowler OAM and Councillor Tricia Hitchen left the room, the time being 7:54pm.

 

Deputy Mayor, Councillor Jim Aitken OAM took the Chair for consideration of Item 1, the time being 7:54pm.

 

1        Development Application DA13/0604 for Self-Storage Unit Building with associated Car Parking, Landscaping and Site Works at Lot 8 DP 1105133, (No. 142) Old Bathurst Road, Emu Plains                                                                                                                         

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

That:

1.     The information contained in the report on Development Application DA13/0604 for Self-Storage Unit Building with associated Car Parking, Landscaping and Site Works at Lot 8 DP 1105133, (No. 142) Old Bathurst Road, Emu Plains be received.

2.     That Development Application DA13/0604 for Self-Storage Unit Building with associated Car Parking, Landscaping and Site Works at Lot 8 DP 1105133, (No. 142) Old Bathurst Road, Emu Plains be approved subject to the following conditions:

Standard Conditions

2.1  A001     Approved plans

       A019     Occupation certificate

       A026     Advertising signage

       A032     Goods in building

       A037     Positive covenant

       A039     Graffiti

       A046     Construction Certificate

       D001     Sediment and erosion controls

       D009     Waste storage

       D010     Disposal of waste

       D014     Plant and equipment noise

       E006      Disabled access and facilities

       E008      Fire safety

       E009      Annual fire safety certificate

       E01A     BCA compliance class 2-9

       G002     Section 73 Certificate

       G004     Endeavour Energy

       H001     Stamped plans and erection of site notice

       H002     All forms of construction

       H011     Engineering plans and specifications

       H022     Survey

       H041     Hours of work

       K027     Car parking

       L001      General landscaping

       L002      General landscaping construction

       L003      Landscaping report requirements

       L005      Planting of plant material

       L006      Landscaping to Australian Standards

       L007      Tree protection measures

       L012      Existing landscaping

       M013     Street tree planting

       P001      Costs

       P002      Payment of fees

       Q01f      Notice of commencement

       Q05f      Occupation Certificate

Special Conditions

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

 

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

 

2.4    The floodway area as defined in DP1105133 and the 88B instrument        shall not be used for the storage of any vehicles, plant, machinery or         other items likely to obstruct the free flow of floodwaters.

 

2.5    The existing surface levels and batters within the drainage easement           shall not be altered.

 

            2.6    The stormwater drainage system shall be provided generally in                   accordance with the concept plan/s lodged for development approval,      prepared by Kneebone, Beretta & Hall, reference number 89967-1,                   revision A, dated 3.6.2013.

 

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

 

          Engineering plans and supporting calculations for the stormwater               drainage system are to be prepared by a suitably qualified person and   shall accompany the application for a Construction Certificate.

 

         Prior to the issue of a Construction Certificate, the Certifying                Authority shall ensure that the stormwater drainage system has been      designed in accordance with Penrith City Council’s Design                         Guidelines and Construction Specification for Civil Works.

 

            2.7    Prior to the issue of a Construction Certificate the Certifying                 Authority shall ensure that the proposed development is compatible with         the recommendations of the Flood Report prepared by Worley Parsons,    reference number LR301015-01262-22DMC131114.dox and dated               15.11.2013.

 

         Details prepared by a qualified person, demonstrating compliance with      this report, shall form part of any Construction Certificate issued.

 

2.8    Prior to the issue of a Construction Certificate the Certifying                 Authority shall ensure that the structure can withstand the forces of                 floodwater including debris and buoyancy up to the 1% Annual            Excedence Probability Event.

 

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

 

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

 

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

 

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

 

            2.12  Prior to the issue of select an Occupation Certificate, the Principal         Certifying Authority shall ensure that the:

 

a)   On-site detention system/s

b)   Stormwater pre-treatment system/s

 

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

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

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

 

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

 

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

 

a)   On-site detention system/s

b)   Stormwater pre-treatment system/s

 

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

 

2.14  All land required for vehicular access within the site is to be concreted or sealed with a bitumeous pavement.

 

2.15  Finished floor levels of the building shall be a minimum of RL 24.9m        AHD (standard flood level + 0.5m).

 

2.16  All electrical services associated with the proposed building works shall     be adequately flood proofed in accordance with Penrith City Council’s         Development Control Plan relating to flood liable land.  Flood sensitive        equipment (including electric motors and switches) shall also be located       above RL 24.9m AHD (standard flood level + 0.5m).

 

2.17  Prior to the issue of an Occupation Certificate for the development,       Development Consent No. DA11/0276 shall be surrendered to Penrith          City Council in accordance with the provisions of the Environmental           Planning and Assessment Act, 1979.

 

2.18  A total of 20 shipping containers shall be stored on the site at any one        time. The storage of the shipping containers shall be stacked and      arranged as per the site plan in order to minimise the visual impacts and       to facilitate vehicular access throughout the site.

 

2.19  Prior to the issue of an Occupation Certificate, all landscaping,               including street trees, approved under Development Consent No. 10/0289 shall be re-instated. If any of the vegetation comprising that          landscaping dies or is removed, it is to be replaced with vegetation of the     same species and, to the greatest extent practicable, the same maturity, as       the vegetation, which died or was removed.

 

2.20  To ensure that the hinged chain mesh screen system provided to the           north and south elevations of the buildings substructure is maintained to           allow the free flow of flood waters under the building, a 'positive     covenant' shall be registered over the land to which the development   relates, prior to the issue of an Occupation Certificate.

 

         During the construction of the development, documentation and   associated legal paperwork shall be forwarded to Penrith City Council    for consideration and endorsement which notes Council's interest in the     positive covenant before the positive covenant is registered with Land      and Property Information division of the Department of Lands.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

 

His Worship the Mayor, Councillor Ross Fowler OAM  returned to the meeting and resumed the Chair, the time being 7:55pm.

 

Councillor Tricia Hitchen returned to the meeting, the time being 7:57pm.

 

Outcome 5 - We care about our environment

 

2        Onsite Encapsulation Feasibility - Remediation of the Former Radium Hill Company Site, Nelson Parade, Hunters Hill                                                                                             

32  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Maurice Girotto

That:

1.        The information contained in the report on Onsite Encapsulation Feasibility - Remediation of the Former Radium Hill Company Site, Nelson Parade, Hunters Hill be received.

2.        Council continues to be opposed to any waste materials being transferred from any site in Nelson Parade, Hunters Hill to the SITA Facility in Kemps Creek.

 

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

 

3        Chameleon Reserve - Amenity Building                                                                          

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

That:

1.     The information contained in the report on Chameleon Reserve - Amenity Building be received.

2.     Council reallocate $72,300, previously identified as part of the allocation of remaining funds in the Erskine Park S94 Plan, for the construction of an additional netball court and lighting at the Chameleon Reserve to the construction of an amenity building.

3.     Council allocate $20,000 available in the Section 94 Local Open Space Plan for landscaping at Chameleon Reserve, as a contribution towards the landscaping component included with the construction of an amenity building at Chameleon Reserve.

4.     Consideration of a funding source for the currently unfunded component of $61,800 form part of Council’s 2014-2015 budget development process, including the identification of available grant funding opportunities.

5.     Council Officers support the submission of grant applications by the Club.

6.     Council seeks a contribution from the Penrith District Netball Association for the construction of an amenity building at Chameleon Reserve.

7.     Council write to the Member for Smithfield, Andrew Rohan MP and the Member for Mulgoa, Tanya Davies MP requesting their support for any submissions made for grant funding.

 

4        Australian Government and NSW State Government Grant Funding for Recreation and Neighbourhood Facility Projects                                                                                      

34  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Australian Government and NSW State Government Grant Funding for Recreation and Neighbourhood Facility Projects be received.

2.     Council accept the Australian Government’s Community Development Grant Funding offer of:

      • $20,000 to deliver a floodlight upgrade project at Hunter Fields, Emu     Plains.
      • $90,000 to deliver the provision of shade and a canteen upgrade at the Jamison Park Netball Pavilion, South Penrith.
      • $25,500 to deliver a drainage upgrade project at Andromeda Oval,

Cranebrook.

      • $60,000 to deliver an upgrade to the surface and amenity awning at

Greygums Reserve (Oval 2), Cranebrook.

      • $26,000 to provide the installation of fences at Andrews Road Baseball

Complex, Penrith.

      • $45,000 to deliver a playing surface upgrade at Hickey’s Park, Penrith.

 

       3.       Council accept the NSW Community Building Partnership Grant Funding               offer of:

      • $50,000 for the installation of new floodlights and canteen upgrade at

Kevin Dwyer Fields (Roper Road).

      • $24,985 for the installation of floodlights and drainage at Andromeda

Reserve, Cranebrook.

      • $13,977 for the upgrade of the athletics facility and Saunders Park, St Clair.
      • $14,000 for the supply and installation of an automated field lighting at six sportsgrounds.
      • $5,610 for the replacement of three sliding glass doors at Erskine Park   Hall.

       4.       Council letters of thanks and grant acceptance are sent to the Australian                Government’s Minister for Infrastructure and Regional Development                       Australian and NSW Government’s Community Partnership and the       

                 local Federal and State Members.

 

 

5        NRL Harmony Day Festival and U16 Harmony Day Cup                                            

35  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Tricia  Hitchen

That:

1.        The information contained in the report on NRL Harmony Day Festival and U16 Harmony Day Cup be received.

2.        Council allocate a total of $9,000 to be allocated equally from each Ward’s Voted Works to contribute to the implementation of the events planned for NRL Harmony Day.

 

 

Outcome 7 - We have confidence in our Council

 

6        2014 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                             

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

That:

1.     The information contained in the report on 2014 Australian Local Government Association (ALGA) National General Assembly of Local Government be received.

2.     Council nominate His Worship the Mayor, Councillor Ross Fowler OAM as its voting delegate for the 2014 National General Assembly of Local Government.

3.     Council nominate Councillors Jim Aitken OAM, Tricia Hitchen, Marcus Cornish and Michelle Tormey and any other interested Councillors to attend as observers at the 2014 National General Assembly of Local Government.

4.     Leave of Absence be granted to all Councillors attending the 2014 National General Assembly of Local Government to be held in Canberra from 15-18 June 2014.

5.     A further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 14 April 2014. 

 

7        Organisational Performance Report - December 2013                                                  

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

That:

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

2.     The Organisational Performance Report - December 2013 as at 31 December 2013, including the revised estimates outlined in this report and detailed in the attachment be adopted.

3.     Council staff consider providing a regular report to Policy Review Committee meetings on the organisational performance of the Council.

 

8        Summary of Investments and Banking for the period 1 January to 31 January 2014

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

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 January to 31 January 2014 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2014 to 31 January 2014 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2014 be noted.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Parking Restrictions - Emu Plains                                                                          

Councillor Jim Aitken OAM requested a report to Council concerning the parking restrictions in place on the Great Western Highway, Emu Plains

 

RR 2          Nepean Bridge Options                                                                                            

Councillor Jim Aitken OAM requested a report to Council on other options available given the now planned Jane Street extension.

 

RR 3          Badgerys Creek Airport - Community Forum                                                      

Councillor Kevin Crameri OAM requested that Council Officers start planning a community forum along the same lines as Blacktown City Council.

 

 

RR 4          Louise Petchell Scholarship                                                                                     

Councillor Karen McKeown requested a report to Council on the Louise Petchell Scholarship providing information on an annual increase in the Scholarship in line with CPI.

 

RR 5          Homelessness Summit                                                                                              

Councillor John Thain requested a report to Council on options to facilitate a Homelessness Summit in Penrith incorporating all the services including volunteer groups, refugees, affordable housing groups and all levels of government that can advise and recommend outcomes on how services can be improved.

 

RR 6          Staff Matter                                                                                                              

Councillor John Thain requested that a Staff Matter be referred to the committee of the whole in tonight’s agenda as the matter refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 7          Kurambee School, Werrington                                                                               

Councillor John Thain requested a memo reply concerning the provision of No Standing signs at the entrance to Kurambee School, Werrington.

 

RR 8          Dunheved Road - Speeding                                                                                     

Councillor Prue Car requested a memo reply through the Local Traffic Committee for an investigation into serious speeding concerns along Dunheved road, along side Werrington County Shops.

 

RR 9          Increased Random Patrols - Werrington County                                                 

Councillor Prue Car requested a memo reply asking that representations be made to St Marys Local Area Command to increase random patrols in the Werrington County Area.

 

RR 10        Speeding - Chapel Street, St Marys

Councillor Prue Car requested a memo reply asking that the Local Traffic Committee conduct an investigation into speeding along Chapel Street, St Marys.

 

RR 11        St Marys Tennis Courts - Upgrade                                                                        

Councillor Prue Car requested a memo reply on the costs involved in upgrading the tennis court facilities at St Marys.

 

RR 12        Speeding - Cook Park, St Marys                                                                            

Councillor Prue Car requested a memo reply asking that the Local Traffic Committee conduct an investigation into reports of speeding drivers surrounding Cook Park, St Marys.

 

RR 13        Playground Equipment Removal - St Marys                                                         

Councillor Prue Car requested a memo reply concerning the background of the removal of playground equipment at the small reserve on Cutler Avenue, St Marys and whether there are any future schedule of works.

 

RR 14        Noise Complaints - M4 and Shepherd Street, Colyton                                         

Councillor Prue Car requested a memo reply through the Local Traffic Committee requesting the RMS investigate the noise complaints coming from residents on Shepherd Street, Colyton.

 

RR 15        Pop Up Park                                                                                                             

Councillor Marcus Cornish requested a legal matter concerning the Pop Up Park be referred to the committee of the whole in tonight’s agenda as the matter refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.


URGENT BUSINESS

 

UB 1          Leave of Absence Request                                                                                       

Councillor Michelle Tormey requested leave of absence for the period 4 March 2014 until 11 April 2014 inclusive.

39  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

40  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that Councillor Michelle Tormey be granted leave of absence for the period 4 March 2014 until 11 April 2014 inclusive.

 


Committee of the Whole

 

41  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:46pm.

 

1        Presence of the Public

 

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

 

2        Shower Facilities for Homeless People                                                                             

 

This item has been referred to Committee of the Whole as the report refers to matters affecting the security of the Council, Councillors, Council staff or Council property and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Staff Matter

 

          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

 

4        Pop Up Park

          This item has been referred to committee of the whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 9:20pm and the General Manager reported that the Committee of the Whole met at 8:46pm on Monday 24 February 2014, the following being present

 

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

 

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

 

CONFIDENTIAL BUSINESS

 

2        Shower Facilities for Homeless People                                                                             

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain

          CW2           That the information contained in the report on Shower Facilities for Homeless       People be received.

 

3        Staff Matter                                                                                                                        

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain

          CW3           That the information contained in the verbal report on the Staff Matter be               received.

 

4        Pop Up Park                                                                                                                      

RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain

          CW4           That the information contained in the verbal report on Pop Up Park be received.

 

ADOPTION OF Committee of the Whole

 

42  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Maurice Girotto that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 9:24pm.

 


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                                                     



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown Applicant: Hydrox Nominees c/- Urbis;  Owner: Cabin Pty Ltd, Morris Petroleum Pty Ltd, Oaframe Ltd

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

      

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown Applicant: Hydrox Nominees c/- Urbis;  Owner: Cabin Pty Ltd, Morris Petroleum Pty Ltd, Oaframe Ltd

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

 

 



Extraordinary Council Meeting                                                                           10 March 2014

 

 

 

1

Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown  Applicant:  Hydrox Nominees c/- Urbis;  Owner:  Cabin Pty Ltd, Morris Petroleum Pty Ltd, Oaframe Ltd    

 

Compiled by:               Gurvinder Singh, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager   

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

      

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

 

Executive Summary

Council is in receipt of a development application for demolition of existing buildings on site and construction of a Masters home improvement store and bulky goods tenancies with associated parking, access and landscaping. The proposed works will facilitate the consolidation of the existing 11 allotments into two. Construction will occur over two stages involving stage 1, the Masters development and stage 2, the adjoining bulky goods tenancies.

 

The land is zoned IN2 Light Industrial under the Penrith Local Environmental Plan (LEP) 2010. Hardware and building supplies and bulky goods premises are permissible land uses subject to Council’s consent. The development application was placed on public exhibition from 18 November 2013 to 2 December 2013 and seven submissions were received. The concerns raised in those submissions are addressed in this report.

 

An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the following issues discussed in detail in this report have emerged as a result of this assessment process:

 

·    Access to the site

·    Parking and traffic

·    Site remediation

·    Safety, security and crime prevention

·    Social and economic impacts

·    Accessibility

·    Waste management

 

Concurrence to the proposed development has been recently received from NSW Roads and Maritime Services (RMS) subject to certain requirements being met. These requirements are discussed in this report under the heading of State Environmental Planning Policy (SEPP) (Infrastructure) 2007.

The proposed development is in accordance with the provisions of the relevant Environmental Planning Instruments and Development Control Plan. The site is suitable for the proposed development and the development will be in the public interest. This report recommends that deferred commencement consent be granted to allow the applicant to submit amended details and plans as required by RMS and Council’s Traffic and Engineering Sections.

Background

The Applicant attended a pre-lodgement meeting with Council Officers and Council’s Urban Design Review Panel prior to the lodgement of the Development Application (DA). The Applicant responded to the advice given at those meetings and included information required with the DA. After preliminary assessment of the proposed development and submissions received during public exhibition of the DA, Council Officers requested the Applicant to further address contamination matters and acoustic impacts on the neighbouring properties. These matters were adequately responded to by the applicant and they are addressed in this report.

Site and Surrounds

The site is located on the eastern side of Mulgoa Road opposite to its intersection with Stuart Street, Jamisontown. It is bounded by Mulgoa Road to the west and Regentville Road to the east. The site is irregular in shape and it has an area of approximately 4.26 Hectares. It comprises eleven existing allotments. The site is currently occupied by a number of buildings including a disused bus depot. Light industrial operations exist on the adjoining sites to the north, south and east and a residential area exists to the west across Mulgoa Road. The residential area is generally characterised by single detached dwellings which are principally accessed from Mulgoa Road and Stuart Street. The adjoining industrial land to the south of the site accommodates a Mazda dealership and a Dick Smith store at the corner of Mulgoa Road and Batt Street. A light industrial operator occupies the northern adjoining properties. Development to the east of the site is general industrial. It comprises a range of industrial land uses including construction material supplies, machinery supplies and car repairers.

 

The site currently has five vehicle cross-overs along the Mulgoa Road frontage and three vehicle cross-overs along the Regentville Road frontage.

 

The Proposed Development

The proposed development involves the construction of a Masters home improvement store having an area of approximately 13,515m2 and four bulky goods tenancies having an area of approximately 2,736 m2 with associated parking, access and landscaping. Construction will occur over two stages involving stage 1, the Masters development and stage 2, the bulky goods tenancies.

 

The Masters home improvement store will be located along the northern boundary of the site.  This building will be divided into four separate components as follows:

 

a)   General sales area of approximately 8,617 m2 for a range of products including hardware, timber and building materials, decor and home decoration, kitchen/bathroom fittings, along with administration, amenities and cafe.

b)   Garden area of approximately 1936 m2 for a range of landscaping and gardening products including plants, pots, landscape trimming and gardening equipment.

c)   Trade sales area of approximately 2206 m2 for trade sales which will include a drive-in loading area and

d)   Receiving area of approximately 756 m2 in the north eastern portion of the building to accommodate deliveries from the adjacent loading dock.

 

The building will be constructed from a variety of materials including concrete panels, glazing, alucabond panels and coloured panels.

 

Four bulky goods tenancies each with a gross floor area of approximately 684 m2 are proposed in the southern portion of the site. No specific tenants have been identified for the bulky goods tenancies.

 

On-site parking is proposed for a total of 448 cars including 362 spaces for Masters and 86 spaces to service the bulky goods building. The car park will include 8 car spaces for parents with prams, 10 disabled car parking spaces and 4 trailer parking spaces. Ten designated trolley bays will be located within the car park. Bicycle racks are proposed to be located near to the entrances to the garden centre and trade area.

 

The original development application proposed a new signalised intersection on Mulgoa Road at the intersection of Mulgoa Road and Stuart Street. The key elements of that signalised intersection on Mulgoa Road were:

 

·    Signalised intersection which allowed vehicles to enter and exit the site heading in a northern and southern direction along Mulgoa Road.

·    A deceleration lane that facilitated vehicles travelling south along Mulgoa Road to safely make a left turn into the site without disrupting traffic flow

·    Slip lanes for left in, left out access to Stuart Street were proposed to maintain the status quo of the access to Stuart Street.

 

NSW Roads and Maritime Services during the process of providing concurrence to the development application did not agree with the above signalised intersection. RMS however agreed to a signalised access that could be located at least 15m south of Stuart Street intersection with Mulgoa Road. The applicant agreed with RMS however detailed plans of the amended proposal are required. 

 

A secondary customer access point is proposed from Regentville Road, at the south-eastern corner of the site. Loading and servicing areas are proposed along the northern boundary of the site. These areas will be single-directional, with all vehicles entering from the west and existing to the east. All Masters’ service vehicles will exit the site via Regentville Road adjacent to the northern boundary.

 

It is proposed to consolidate the 11 existing lots into two lots. The northern proposed allotment (proposed Lot 2) will accommodate the Masters home improvement store and associated services; while the southern proposed allotment (proposed Lot 1) will accommodate the proposed bulky goods tenancy block and associated services. A right of way easement is proposed across both proposed Lots 1 and 2. This easement is intended to benefit the southern adjoining industrial lots to assist in rationalising access to the industrial properties on the eastern side of Mulgoa Road. This easement is not proposed to be created as part of this development application, however indicates that the development has been designed to ensure this can be achieved if an agreement between landowners can be reached. An easement over proposed Lot 2 will be created as part of the site consolidation. This will benefit proposed Lot 1.

 

Landscaping is proposed along the site boundaries and within the proposed car parking areas.

The landscaping will include the following key features:

 

·    Mulgoa Road frontage -  A mix of native trees, shrubs and ground covers with clustering of trees at the north-western corner

·    Regentville Road frontage - A mix of native trees, shrubs and ground covers / grasses.

·    Carpark planting - Landscape islands have been designed throughout the carpark to support the establishment of canopy trees to provide shade to vehicles utilising the carpark, as well as visual relief.

 

The proposed signage for the building comprises of 12 separate signs across the site including the following:

 

·    Business identification signage on the front facade of the building including the main entry sign, garden centre entry and the timber and building entry. Signage on the western facade will include a best price guarantee sign and Masters signage

·    Business identification signage panels on the east and west elevations

·    A pylon sign located on the frontage to Mulgoa Road. The pylon sign will be 12 metres above ground level with a horizontal dimension of 3.95 metres.

 

The proposed hours of operation are from 6am to 10pm, 7 days a week.

 

The Development Application was accompanied by the following documents:

a)   Statement of Environmental Effects prepared by Urbis.

b)   Site plan, floor plans and elevations prepared by Leffler Simes Architects.

c)   Landscape plans prepared by Site Image.

d)   Civil and Stormwater Engineering Plans prepared by Matt Macdonald.

e)   Traffic Report prepared by Colston Budd Hunt & Kafes Pty Ltd.

f)   Acoustic Report prepared by Acoustic Logic.

g)   Contamination Assessment prepared by Geo-Logix.

h)   Access Report prepared by Accessible Building Solutions.

i)    Waste Management Plan prepared by Hydrox Nominees Pty Ltd.

 

(Refer to Appendix No. 1 for copies of the site plan, floor plans and elevations).

 

Planning Assessment

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

 

 

Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument

Sydney Regional Environmental Plan (SREP) No.20 – Hawkesbury/Nepean River

 

Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River (SREP) applies to the subject land. The relevant planning strategies under this SREP have been considered and discussed below:

 

The subject site has not been identified to contain any items of heritage. No heritage buildings are located in the vicinity of the site. The proposal will not have an adverse impact on cultural heritage.

SREP No.20 requires that future development must not prejudice the achievement of the goals of use of the river for primary contact recreation (being recreational activities involving direct water contact, such as swimming) and aquatic ecosystem protection in the river system.

If the quality of the receiving waters does not currently allow these uses, the current water quality must be maintained, or improved, so as not to jeopardise the achievement of the goals in the future. The proposal will have minimal impacts on the river environment as it will not compromise the water or scenic qualities of the river given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

State Environmental Planning Policy No. 55 (SEPP55) - Remediation of Land

SEPP 55 provides for a state wide planning approach to remediation of contaminated land and promotes remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.

 

In accordance with SEPP 55, Council must consider whether the land is contaminated and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the proposed use. If the land requires remediation, Council needs to ensure that the land will be remediated before the development proceeds.

The Development Application is accompanied by an ‘Internal Environmental Due Diligence Report' prepared by Geo-Logix Pty Ltd in relation to the requirements of SEPP 55. Council’s Environmental Health Department has assessed the above report and advised that although the report was not prepared strictly in accordance with the NSW EPA's 'Guidelines for Consultants Reporting on Contaminated Sites', the assessment overall was comprehensive (history and sampling pattern) and the overall environmental and health risk of the site was satisfactorily addressed. 

The investigations carried out on site found that the site is not suitable for the proposed use in its current condition.  Asbestos, heavy metals and petroleum contamination have been identified throughout the development site through the assessment.  The document suggests through the Remediation Cost Appraisal that further investigation and remediation works can be carried out to ensure that the site can be made suitable for the proposed use, however a Remedial Action Plan has not been developed, and some of the proposed remediation methods identified are not considered appropriate. In terms of SEPP 55, the land is not suitable for the development at present, and it does require remediation to be made suitable. 

Any further investigations and remediation proposals will need to consider the following comments:

 

·    The toluene contamination at the Sinclair Ford Site has not been suitably addressed.  Whilst it was identified at 2 metre depth, it was not itemised in the later contamination summary for the site.  Commentary on this aspect will need to be provided.

·    Further justification is required as to why the lead contamination at the Sinclair Ford Site and the petroleum hydrocarbons at the vacant lot will not be remediated.  Whilst the contaminants do not meet the hotspot criteria, they are still present in both locations in amounts in excess of the assessment criteria.

·    It is suggested that asbestos fragments were identified at the Sinclair Ford Site and the Former Fuel Depot site, and that hotspots may occur in certain locations.  However, in the Contamination Summary and Remediation Cost Appraisal, it is suggested that this asbestos contamination will not be remediated.  Council does not accept that leaving asbestos on site is an appropriate method of managing this contamination.  Council generally requires that all asbestos contamination be remediated, and registering the presence of asbestos on the Title is not sufficient. Further investigation will need to be undertaken in relation to the building footprints on the Former Fuel Depot site. As recommended in the Report, further investigations will be required to be undertaken in relation to the groundwater and the petroleum contamination findings. Any Remedial Action Plan will need to address the surface soil contamination identified at the Bus Depot as well as the hotspot identified on the site. 

 

Special Conditions 2.4.16 and 2.4.17 are proposed to address these issues.

 

 

State Environmental Planning Policy (SEPP) (Infrastructure) 2007

 

Clause 104 - Traffic-generating development of SEPP (Infrastructure) states that commercial development over 10000sqm with access to any road is classified as traffic generating activity which is to be referred to the Roads and Maritime Services (RMS). Council sought concurrence from RMS under Clause 104. This concurrence has been recently received by Council. RMS did not support the proposed traffic signals on Mulgoa Road with all movement allowed to service the proposed development as it would impose unacceptable delays along Mulgoa Road. However, RMS has supported the development with a signalised access to the development providing right turn into the development but no right turn out movement from the site onto Mulgoa Road subject to the following requirements being met:

 

1.      The proposed access shall be located at least 15m south of Stuart Street intersection with Mulgoa Road.

 

2.      The south bound carriageway on Mulgoa Road shall include an additional 90m long through/ left lane north of the access road and 80m long merging lane south of the access road.

 

3.      The northbound carriageway on Mulgoa Road shall include a 90m long right turn bay in approach to the proposed access.

 

4.      The access road shall have dual left turn lanes when exiting the development.

 

5.      The developer is required to dedicate a section of their property as public road to allow RMS to locate and maintain traffic signal components. The length of the road area to be dedicated as public road will be determined at detailed design stage and could be up to 15m inwards from the primary stop line.

 

6.      A staged pedestrian crossing shall be provided on the northern arm of Mulgoa Road and pedestrian/cycle crossing shall be provided on the access road.

 

7.      Pedestrian fencing along Mulgoa Road, south of the access road shall be provided to encourage people to cross Mulgoa Road at the proposed pedestrian crossing.

 

8.      The right turn bay on Mulgoa Road at its intersection with Batt Street shall be extended to 185m from the stop line.

 

9.      The proposed signalised intersection at the site entry and the modification to the intersection of Mulgoa Road and Batt Street shall be designed in accordance with RMS’s Traffic Signal Design Manual, Austroads, RMS’s supplements and other Australian Standards and endorsed by a suitably qualified practitioner.

 

The certified copies of traffic signal design and civil design plans as well as swept path analysis shall be submitted to RMS for consideration and approval prior to the release of the construction certificate and commencement of any road works.

 

RMS fees for administration, plan checking, signal works inspection and project management shall be paid by the developer prior to the commencement of works. A ten year maintenance plan contribution fee payable to RMS will apply to the new signalised intersection.

 

The developer will be required to enter into a Works Authorisation Deed (WAD) for the abovementioned traffic signal and civil works. The WAD will need to be executed prior to RMS assessment of the detailed traffic signal design plans.

 

10.     All works associated with the proposed intersection shall be at no cost to RMS.

 

11.     The developer has proposed access arrangements for the adjacent properties and RMS is supportive of this initiative.

 

A deferred commencement Condition 2.1 is recommended to be imposed which will require amended plans to be submitted to Council for approval and concurrence by the RMS prior to an operational consent being issued.

 

State Environmental Planning (SEPP) 64 – Advertising and Signage

 

SEPP 64 applies to the proposal as all of the proposed signage will be visible to the surrounding road network. SEPP 64 aims to ensure that signage is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish. SEPP 64 requires that a consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied that the signage is consistent with the objectives of this Policy and the signage the subject of the application satisfies the assessment criteria specified in the SEPP.

 

A SEPP 64 Assessment has been submitted with the application. The assessment demonstrates that the proposed signage is consistent with the aims and objectives of the SEPP and satisfies its assessment criteria. A condition of consent has been imposed that all signage shall be constructed of high quality and durable materials and it shall not incorporate flashing devices.

 

Penrith Local Environmental Plan (LEP) 2010

 

Penrith Local Environmental Plan 2010 applies to the site. The subject land is zoned IN2 Light Industrial under LEP 2010.  The proposal falls under the definitions of ‘hardware and building supplies’, ‘plant nursery’, ‘food and drink premises’ and ‘bulky goods premises’. These uses are permissible in the zone subject to Council’s consent. Schedule 1 of the LEP 2010 permits additional uses on the subject land. These additional uses that are permissible on the subject land are bulky goods premises.

 

A small strip of the subject land fronting Mulgoa Road is zoned SP2 - Infrastructure (Local Road). The only works proposed within the SP2 zone are the intersection works and landscaping. These works fall within the definition of ‘roads’ and therefore are permissible within the zone.

Hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

Bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:

(a)  a large area for handling, display or storage, and

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire, and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

 

Objectives of Zone IN2 Light Industrial

·    To provide a wide range of light industrial, warehouse and related land uses

·    To encourage employment opportunities and to support the viability of centres

·    To minimise any adverse effect of industry on other land uses

·    To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area

·    To support and protect industrial land for industrial uses

·    To promote development that makes efficient use of industrial land.

 

The proposed development provides for large scale hardware and building supplies store which will be compatible with surrounding industrial uses. The proposed use of the site will contribute to a wide range of industry that is already located in the area. The store will provide around 186 employment opportunities and it will be an efficient use of industrial land. The proposed use is consistent with the objectives of the zone.

 

Clause 4.1- Minimum lot size

 

Two minimum lot size development standards apply to the site. A minimum lot size of 6000 m2 applies to land fronting Mulgoa Road, while a minimum lot size 1000 m2 applies to land fronting Regentville Road. The proposed lot sizes are 8144 m2 for Lot 1 and 30365 m2 for Lot 2, which complies with the development standards.

 

Clause 4.3 – Height of buildings

 

The maximum building height stipulated under this clause is 12m. The height of the proposed buildings varies from 6.2m to 11m which complies with the above development standard.

 

Clause 5.3 - Development near zone boundaries

 

This clause provides flexibility in zone boundaries for up to 20 metres from the boundary between two zones where it would enable a more logical and appropriate development of the site. It must be demonstrated that the proposed use is compatible with the planning objectives and land uses of the adjoining zone.

 

The slip lane will be located within the SP2 zone and will be linked to the proposed landscaping fronting Mulgoa Road, providing a compatible exchange. This is supported.

The proposed development including a slip lane entrance to the site from Mulgoa Road and associated landscaping on this frontage provides a Masters store that is compatible with the planning objectives and land uses of the adjoining zone.

 

Clause 6.5 - Protection of scenic character and landscape values

 

The subject site is listed as land with scenic and landscape values. Clause 6.5 requires that Development consent must not be granted for unless the consent authority is satisfied that measures will be taken, including in relation to the location and design of the proposed development, to minimise the visual impact of the development from major roads, identified heritage items and other public places.

 

Council’s Urban Design Review Panel has reviewed the design of the proposed development and they are satisfied with the overall design of the development. The proposed development has been designed to a scale that is sympathetic to the subject site and surrounding development. The building will fit in the existing industrial area and it will have minimal visual impact. Comprehensive landscaping has been proposed in the front setback areas and the proposed development will have little impact on vistas along Mulgoa Road. There are no heritage items located in the vicinity of the site. The proposed development will protect the existing character and landscape values of the site.

 

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

 

Draft Penrith Local Environmental Plan 2010 Stage 2 applies. The site is zoned B5 Business Development under this Draft Plan. Hardware and building supplies are permissible in the zone with Council’s consent.

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

 

Penrith Development Control Plan (DCP) 2010

 

An assessment of the proposed development against the relevant controls of DCP 2010 has been undertaken and attached at Appendix 3. Discussion on some controls is provided below:

Crime Prevention through Environmental Design

Crime Prevention through Environmental Design (CPTED) aims to ensure development is appropriately designed to reduce the likelihood of crimes being committed by introducing measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management. These measures will assist in minimising the incidence of crime and contribute to perceptions of increased public safety.

 

The proposed development provides opportunities for natural surveillance to access points and car parking areas from the entrance to the buildings and other open areas in the facade of the buildings.  In order to ensure that a safe environment is provided Council’s Community Safety Section has recommended conditions to be imposed to enhance the safety and security of all users of the development and to minimise the crime risk associated with the development. These conditions relate to matters such as securing the premises, landscape design and provision of lighting.

 

Waste Management

The development application is accompanied by a Waste Management Plan (WMP). The WMP has adequately addressed management of waste generated during construction of the buildings and the ongoing use by the proposed home improvement store. Waste materials from construction will be placed in recycle bins and then taken away to a disposal facility by a licensed recycle contractor. During operational phase of the development waste materials such as cardboard, plastics and timber will be collected by a suitable contractor for recycling. General waste will be compacted and then collected by a general waste collection contractor to be taken to a landfill site. There is potential for the proposed construction works to generate significant levels of dust.

 

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

 

The Environmental Planning and Assessment Regulation 2000 require the consent authority to consider the provisions of the Building Code of Australia (BCA). Council’s Building Section has assessed the proposed development and appropriate conditions are recommended to be imposed on compliance with the BCA.

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

 

Noise

 

The applicant has submitted a Noise Impact Report prepared by Acoustic Logic. The report provides an acoustic assessment of the following noise sources against the applicable guidelines:

 

·    Noise from loading docks (truck manoeuvring) and car park was assessed with reference to the Industrial Noise Policy

·    Noise from mechanical services was assessed with reference to the Industrial Noise Policy

·    Noise from traffic generated on public roads was assessed with reference to the EPA Environmental Criteria for Road Traffic Noise guidelines

·    Sleep disturbance noise events was assessed with reference to the EPA application notes to the Industrial Noise Policy.

 

The report has recommended the following acoustic treatments/management controls to be implemented:

 

·    The site (including loading docks) is not to operate before 6am or after 10pm

·    Detailed review of mechanical plant items is to be undertaken at Construction Certificate stage (once plant is selected/located) and acoustic design should be undertaken to ensure plant noise will be compliant with the EPA Industrial Noise Policy.

 

Council’s Senior Environment Officer has reviewed the Noise Impact Report and raises no objection to the conclusion and recommendations of the report. Conditions are recommended to be imposed to permit the incorporation of the above measures as recommended in the Noise Impact Report.

 

Access and Traffic

 

Vehicular access to the site was originally proposed from Mulgoa Road through a new signalised intersection opposite Stuart Street. The proposal traffic signals permitted full turning movements into and out of the site. A Traffic Report Prepared by Colston Budd Hunt & Kales Pty Ltd was submitted with the development application which analysed traffic generation on the surrounding local roads as a result of the proposed development. NSW Roads and Maritime Services (RMS) during the process of providing concurrence to the development application did not agree with the proposed signalised intersection as it would impose unacceptable delays on Mulgoa Road. RMS however agreed to a limited signalised access that allowed right turn movements into the site but in order to limit delays on Mulgoa Road, right turn movements out of the site onto Mulgoa Road would not be permitted. The new signalised intersection is to be located at least 15m south of Stuart Street intersection with Mulgoa Road. The applicant agreed with RMS however detailed plans of the amended proposal are required. 

 

The banning of the right turn movement onto Mulgoa Road may impact upon the local street network to the rear of the development site. A deferred commencement condition 2.2 is recommended to be included that requires a revised traffic report to be submitted to Penrith City Council for approval prior to the issue of Operational Consent. The revised traffic report is to model and assess the vehicular impacts from the development site upon the local road network. The report may make recommendations for intersection upgrade works to the local road network as a result of the development. Any intersection upgrade works are to be agreed to by Penrith City Council and are to be at cost to the developer.

 

Vehicular access is also proposed from Regentville Road at the southern end of the site (for customers) and at the northern end of the site (exit driveway for Masters service vehicles). Masters service vehicles would enter from Mulgoa Road, circulate to the rear of the building and deliver in the designated loading areas. The Masters loading bays will provide for 19 metre semi-trailers and 12.5 metre large rigid trucks.

 

The bulky goods tenancies will be serviced by vehicles ranging in size up to 12.5 metre large rigid trucks. These vehicles will enter from Mulgoa Road, circulate to the rear of the building and exit to Mulgoa Road.

 

The access arrangements from Mulgoa Road and Regentville Road, internal circulation and loading areas will provide for service vehicles to enter the site, manoeuvre and exit the site in a forward direction.

 

Within parking areas, spaces will be a minimum of 2.6 metres wide by 5.4 metres long, with 6.6 metre wide circulation aisles. Spaces with adjacent obstructions will be 0.3 metres wider to provide for doors to open. Disabled spaces will be a minimum of 2.4 metres wide, with a 2.4 metre wide adjacent area for loading/unloading wheelchairs. These dimensions are considered appropriate, being in accordance with the Australian Standard for Parking Facilities (Part I: Off-street car parking and Part 6: Off-street parking for people with disabilities), AS 2890.1:2004 and AS 2890.6:2009.

 

A right of way is proposed through the site for future access to the adjacent site to the south. This will allow for access to the adjacent site to the south from Mulgoa Road to be removed in the future.

 

Social and Economic Impact

 

The proposed development would provide a purpose built facility for a hardware and building supplies store to operate within the existing industrial area. The use of the site will result in the creation of employment opportunities for full time staff and casual/seasonal positions which will result in a positive economic and social impact.

 

Accessibility

 

The application has been accompanied by an Access Report prepared by Accessible Building Solutions. This report provides a review of the proposed works with regard to access considerations. The key access issues considered in the report include compliance with the following:

 

·    The access provisions of the BCA

·    The Access to Premises Standard

·    AS 1428 suite of Standards

·    AS 2890.6 for car parking.

 

The Access Report concludes that the proposal can achieve compliance with the access provisions of the BCA. A condition is recommended to be imposed that the requirements detailed in the Access Report shall be complied and details shall be submitted prior to the issue of a construction certificate.

 

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

 

The site of the proposed development is considered suitable for the reasons outlined below:

 

§ The site is well located with regard to its connectivity to major transport infrastructure including M4 Motorway and Penrith Railway Station.

§ The site is well located in the context of the local and regional community with regard to providing employment opportunities

§ The subject site is located within an established industrial area that is zoned for the proposed use of the site

§ The site is not affected by any major overland flows, landslip or movement.

 

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

 

Community Consultation

In accordance with Penrith Development Control Plan 2006, the proposed development was notified to nearby and adjoining residents/owners and advertised in local newspapers with submissions invited from 18 November 2013 to 2 December 2013. Seven submissions were received in response that raised the following concerns:

 

a)   Traffic Impacts - There are proposed traffic lights at the intersection of Mulgoa Rd & Stuart St and our concern is that, if traffic is permitted to cross Mulgoa Rd into Stuart St, which is a quiet residential street, it will cause unnecessary noise and congestion.

 

See Section 79C(1)(b) – The Likely Impacts of the Development – Access Parking & Traffic

 

b)   Noise Impacts - Excessive extra traffic noise from light and heavy vehicles accelerating/braking, pedestrian beacons, hoons, and headlights.

 

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

 

c)   Demolition/construction noise and dust will affect my work and wellbeing.

 

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

 

d)   Will site rubbish leave from the already congested Mulgoa rd or less congested Regentville Rd

 

Comment:

All vehicles carrying rubbish will leave the site from Regentville Road.

 

e)   Property Value - Fears of property value plummet with supermarket/car park in full view.

 

Comment:

Increase or decrease in property value is a matter that is considered to be not a planning consideration.

 

f)   Who and what will be in the bulky goods tenancies?

 

Comment:

This matter is unknown at this stage. Separate development application/s will be required for use of bulky goods tenancies.

 

g)   How will lighting be managed, especially out of normal working hours?

 

Comment:

A condition of consent has been recommended to be imposed to manage lighting as follows:

 

‘All areas intended to be used at night shall allow appropriate levels of visibility. Car parks must be lit to the minimum Australian Standard AS 1158 with consideration given to AS 4282 (Control of the obtrusive effects of outdoor lighting). Lighting shall have a wide beam of illumination which reaches to the beam of the next light or the perimeter of the site or area being traversed. Lights shall be directed towards access/egress routes. Lighting shall take into account all vegetation and landscaping that may act as an entrapment zone. Lighting shall be designed so that it is difficult for vandals to break. All lighting shall be maintained and kept in a clean condition with all broken or burnt out globes replaced quickly.’

 

 

h)   Review the access to Regentville Rd from Masters and consider the amount of traffic this would create when turning onto Batt St from Regentville Rd. This intersection is already a nightmare to negotiate with heavy traffic and a blind spot, the increased traffic in cars and trucks from their receiving dock will certainly affect established businesses and may cause a fatal accident.

 

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

 

i)    “There are many independent businesses in this zone that I think will be impacted, such as paint stores, carpet stores, hardware, tiles etc. These stores seem to survive OK at the moment, but a large store in the precinct can only have a negative impact on these stores and their ability to trade profitably. The existing 2 x Bunning’s stores in Penrith are situated away from existing smaller retailers enabling all to do their fair trading because of their position. The price war between Bunning’s and Masters will be detrimental to surrounding Home Improvement businesses.”

 

Comment:

The proposed home improvement store may increase competition in the marketplace which is considered to be in the public interest. The new store will also provide employment opportunities which will be a positive outcome for the local area.  

 

Referrals

The table below summarises the results of internal referrals in relation to the proposal:

 

Referral

Comments

Building Surveyor

No objection, subject to conditions.

Development Engineer

No objection, subject to conditions.

Environmental Officer

No objection, subject to conditions.

Community Safety Officer

No objection, subject to conditions.

Traffic Engineer

No objection, subject to conditions.

 

External Referral Comments

 

The table below summarises the results of external referrals in relation to the proposal.

 

Referrals

Comments

NSW Roads and Maritime Services

Concurrence has been provided subject to certain requirements being met.

 

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

 

The proposed development is permissible in the IN2 Light Industrial zone under Penrith Local Environmental Plan 2010 and it meets the aims and objectives of the relevant environmental planning instruments. The proposed home improvement store will serve the needs of the public and it may increase competition in the marketplace which may benefit the public. Employment opportunities will be increased during the construction and operation of the store. Subject to the recommended conditions, the proposed development is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

Section 94 Contributions

There are no Section 94 contributions applicable to the proposed development.

Conclusion

 

The proposed home improvement store has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  It is consistent with the requirements of the relevant planning instruments and development control plan and is a permissible land use in the IN2 Light Industrial zone under Penrith Local Environmental Plan 2010. Concurrence has been provided by NSW Roads and Maritime Service for the proposed development subject to certain requirements being met. These requirements have been imposed as deferred commencement conditions.

 

The key issues relating to the proposed development raised in submissions are traffic and noise impacts on the existing residential area across Mulgoa Road. NSW Roads and Maritime Service and Council’s Traffic and Environment Sections have reviewed this matter and advised that the proposed development will not result in unacceptable impacts on the residential area. Noise impacts from the proposed centre will be reduced by restricting hours of delivery as recommended in the acoustic report submitted with the development application. The site is suitable for the proposed development.

 

The matter of existing site contamination is recommended to be dealt by requiring the applicant to remediate the site prior to a construction certificate being issued. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

 

 

RECOMMENDATION

That:

1.         The information contained in the report on Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown be received.

2.         The Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown be granted deferred commencement consent subject to the following conditions :

SCHEDULE 1 ( Conditions to be complied with prior to an operational consent being issued)

                   2.1     Detailed plans shall be submitted to Council for approval that show a                                signalised access to the  development providing right turn into the                                     development but no right turn out movement from the site onto Mulgoa                           Road subject to the following requirements being met:

 

           i)       The proposed access shall be located at least 15m south of Stuart                             Street intersection with Mulgoa Road.

 

           ii)      The south bound carriageway on Mulgoa Road shall include an                       additional 90m long through/ left lane north of the access road and                          80m long merging lane south of the access road.

 

           iii)     The northbound carriageway on Mulgoa Road shall include a 90m                           long right turn bay in approach to the proposed access.

 

           iv)     The access road shall have dual left turn lanes when exiting the                       development.

 

           v)      The developer is required to dedicate a section of their property as                           public road to allow RMS to locate and maintain traffic signal                                    components. The length of the road area to be dedicated as public                              road will be determined at detailed design stage and could be up to                            15m inwards from the primary stop line.

 

           vi)     A staged pedestrian crossing shall be provided on the northern arm of                      Mulgoa Road and pedestrian/cycle crossing shall be provided on the                             access road.

 

           vii)    Pedestrian fencing along Mulgoa Road, south of the access road shall                      be provided to encourage people to cross Mulgoa Road at the                               proposed pedestrian crossing.

 

           viii)   The right turn bay on Mulgoa Road at its intersection with Batt Street                     shall be extended to 185m from the stop line.

 

           ix)     The proposed signalised intersection at the site entry and the                           modification to the intersection of Mulgoa Road and Batt Street shall                      be designed in accordance with RMS’s Traffic Signal Design Manual,                           Austroads, RMS’s supplements and other Australian Standards and                              endorsed by a suitably qualified practitioner.

 

       2.2     Prior to the issue of an Operational Consent, a revised traffic report is to be             submitted to Penrith City Council for approval. The revised traffic report                shall model and assess the vehicular impacts from the development site                  upon the local road network resulting from the Roads and Maritime                     Services requirement of no right turn from the development site onto                     Mulgoa Road. The report shall asses, by way of a SIDRA analysis, the                    vehicular impacts upon the following roads and intersections of Regentville                    Road, Batt Street, Preston Street, Dent Street and Mulgoa Road (existing                    traffic signals) as a minimum. The report shall also include an assessment                    of heavy vehicles and provide turning movements from the development                  site at the intersections. The report shall make recommendations for                         intersection upgrade works if required to the local road network as a result            of the development. Any intersection upgrade works are to be agreed to by              Penrith City Council and are to be at cost to the developer.

 

                   2.3      GENERAL CONDITIONS

 

            Standard Conditions

            A001          Approved plans

            A008          Works to BCA requirements

A017                    DA for use

A019                    Occupation Certificate

A020                    Use of building

A021                    Business registration

A032                    Goods in buildings

A039                    Graffiti

A046          Obtain Construction Certificate before commencement of works

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

B003          Asbestos disposal

B004          Dust suppression

                                      B005          Mud/Soil

           

B006          Hours of work

D001          Implement approved sediment and erosion control     measures

D005                    No filling without prior approval

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

D015                    Spill prevention and cleanup procedures

D026                    Liquid wastes

D06A         Approval for bulk earthworks

D131                    Approved noise level

E001A        BCA compliance (Class 2-9)

E002                    BCA issues to be addressed

E006                    Disabled access and facilities

E008                    Fire safety list with construction certificate

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

            G002          Section 73 (not for single dwellings)                

 

G004          Integral Energy

 

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of           construction works

H006                    Implementation of waste management plan

H011                    Engineering plans and specifications

H013                    Further details of building components

H024                    Glass installations to comply with AS 1288

H041                    Hours of construction work

K041                    Infrastructure restoration bond

K101          Works at no cost to Council

                                      K202          Roads Act (Minor Roadworks)

                                     

                                      K205          Construction Certificate for Subdivision Works

 

                                      K207          Road Safety Audit

 

                                      K209          Stormwater Concept Plan

 

                                      K212          No loading on easements

 

                                      K213          Water quality

 

                                      K219          Overland Flow Report Recommendations

 

                                      K220          Floor levels

                                     

                                      K221          Access, Car Parking and Manoeuvring – General

                  

                                      K302          Traffic Control Plan

 

                                      K406          Drainage Connection

 

                                      K501          Roads Authority clearance

 

                                      K502          Works as executed - General

 

                                      K503          Stormwater Compliance

 

                                      K506          Splay

 

                                      K507          Linemarking & Signage

 

                                      K509          Directional signage

                                       

L001                    Approved landscaping plans

L003                    Landscaping report requirements

L005                    Planting of plant material

L006                    Australian Standard landscaping requirements

L007                              Tree protection measures

L008                    Tree preservation order

M008          Linen Plan

M014          Surveyors Certificate

P001                     Costs

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Q008                    Subdivision Certificate

                   2.4     Special Conditions

2.4.1           Store Management shall be available at a mutually convenient time, at            the invitation of Penrith City Council and/or the NSW Police, to                        discuss and action agreed Community Safety, Security or other issues                in conjunction with other local stakeholders in the area should the                 need arise.

                   2.4.2           Conditions on Crime Prevention through environmental design are as                                 follows:

                             a)       Lighting

                                       All areas intended to be used at night shall allow appropriate levels of                                visibility.

                                       Car parks must be lit to the minimum Australian Standard AS 1158                                   with consideration given to AS 4282 (Control of the obtrusive effects                                       of outdoor           lighting).

                                       Lighting shall have a wide beam of illumination which reaches to the                                 beam of the next light or the perimeter of the site or area being                                           traversed.

                                       Lights shall be directed towards access/egress routes.

                                       Lighting shall take into account all vegetation and landscaping that                                    may act as an entrapment zone.

                                       Lighting shall be designed so that it is difficult for vandals to break.

                                       All lighting shall be maintained and kept in a clean condition with all                                 broken or burnt out globes replaced quickly.

                             b)      Landscaping

                   Medium height vegetation with concentrated top to bottom foliage                must be avoided.

                                       Trees and plants placed along Mulgoa and Regentville Roads fronting                               the premises must be adequately spaced or crown raised to allow for                                 natural surveillance of the site from the users of the road and avoid                                       causing a continuous barrier.

                                       Vegetation must not be placed in any position which might                                                 conceivably conceal the building entrance from the car park or the                                     street.

                                       Avoid vegetation or tree canopies in car parks and on road frontages                                  that could impede the effectiveness of all lighting.

                                       All landscape islands in the car park area must avoid medium height                                  vegetation with concentrated top to bottom foliage so as to avoid                                      possible entrapment sites for car park users.

                             c)       Car Parking

                                       Car parks, aisles and manoeuvring shall be designed with safety and                                  function in mind and have dimensions in conformity with Australian                                 Standards 2890 (2890.1, 2890.2 and 2890.3).

                                       Car parks should avoid all traffic/pedestrian space conflict.

                                       The design of the car park should ensure that passive surveillance is                                   possible and where appropriate, incorporate active measures such as                                   cameras.

                                       Car parks should be well lit at night (refer to lighting comments).

                                       All entries and exits to car park should have clear directional signage.

                                       Given the high risk rating of this area for motor vehicle theft and steal                               from motor vehicles, the car parks should be kept under CCTV                                         surveillance.

                             d)      Building Security and Access Control

                                       The building should be alarmed and monitored after hours.

                                       Any cash handling areas should be covered by CCTV and                                                  accompanying signage.

                                       Management should consider the use of CCTV within the premises                                    and accompanying signage.

                             e)       Entrances

                                       Entrances must allow users to see into and out of the building before                                 entering and exiting.

                                       Ensure any open roofs / skylights cannot be accessed from outside.

                             f)       Site and Building Layout

                                       Avoid placing seats or areas that give people an excuse to loiter near                                  bathrooms.

                              g)      Building identification and Signage

                                       Entries and exits of the buildings should have clear directional                                           signage.

                             h)      Vandalism  

                                      Any damaged or vandalised property on the premises shall be                                             repaired or cleaned in a timely fashion.

                   2.4.3           All mechanical plant and equipment is to comply with the noise                                          criteria outlined in "Masters, Mulgoa Road, Penrith:   Noise Emission                                Assessment" prepared by Acoustic Logic dated 12 December 2013                                      Revision 1 (Document Ref. 20131282.1/1212A/R1/LF).

 

                                       Prior to the issuing of the Construction Certificate, further details on                                 the type and location of all mechanical plant and equipment                                               associated with the development is to be provided to Council for                                consideration and approval. Suitable data and information on the                                     noise impacts associated with this   plant and equipment is to also be                                  supplied to demonstrate compliance with the established noise                                           criteria. 

 

                   2.4.4           Prior to the issue of the Construction Certificate, a Demolition and                                    Construction Noise Impact Assessment and Management Plan is to be                              prepared and submitted to Council for approval.  This assessment is to                                  consider (at minimum) the details of the demolition and construction                                   program, construction methods, and equipment and vehicles in                                             association with the NSW Department of Environment and Climate                                  Change’s (2009) “Interim Construction Noise Guideline”.

 

                                       The recommendations of the approved Management Plan are to be                                     implemented and adhered to during the demolition and construction                                 phase of the development.

 

                  

                   2.4.6           Offensive odours are not to be emitted from the site.  Vapours, fumes,                                        gases, particles or any other substance that are considered to be                                          harmful to human health or the environment or impact unreasonably                                   on a person outside of the premises are not to be emitted from the site.

                   2.4.7           Twelve (12) months after the issue of the Occupation Certificate, an                                  Acoustic Compliance Report is to be submitted to and approved by                                   Council. The report is to be prepared by a suitably qualified acoustic                                     consultant and is to address, but is not limited to, all noise generating                                     activities on the site and the level of compliance with the noise                                                 criteria set within the "Masters, Mulgoa Road, Penrith: Noise                                             Emission Assessment" prepared by Acoustic Logic dated 12                                             December 2013 Revision 1 (Document Ref.                                                                       20131282.1/1212A/R1/LF).  It is also to consider the                                                       requirements of the NSW Environment Protection Authority's                                                 Industrial Noise Policy.

 

                                       Should the Compliance Report identify any non-compliance issues,                                    the Report is to provide suitable recommendations for mitigation of                                   those           issues. Any mitigation works are to be undertaken within thirty                                  (30) days from the date of notice from Council.

                   2.4.8           The applicant is to grant an easement to Penrith City Council for                               drainage and overland flow purposes for the existing trunk drainage                                  system and           overland flow path and on the basis that no claim for                                       compensation will be made and that the applicant will meet all                                               associated survey and legal costs.    The width of drainage easement is                                  to be in accordance with Penrith City Council’s Engineering Works                                   Development Control Plan 2006, Section 2.3, Engineering Works and                               current civil works specifications.

 

                                       Prior to the issue of an Occupation Certificate, an easement for                                          drainage and overland flow shall be provided and evidence of                                           registration shall be submitted to the Principal Certifying Authority                                       and Penrith City Council, if Council is not the Principal Certifying                                       Authority.

                   2.4.9           A Roads Act approval under Section 138 of the Roads Act is to be                                    obtained from Roads and Maritime Services for any works within the                               road reserve of Mulgoa Road.  In this regard, the Roads Act approval                                     from Roads and Maritime Services is to be obtained prior to the issue                                   of the Construction Certificate for the development and prior to the                                       separate Roads Act approval being granted by Council for the                                           driveway works.

                   2.4.10         Prior to the issue of an Occupation Certificate the following lots are to                                        be consolidated into proposed Lot 2: Lot 42 DP 1119; Lot 43 DP                                      1119; Lot 44 DP 1119; Lot 45 DP 1119; Lot 26 DP 1134235; Lot 27                               DP 1134235 and Lot 28 DP 1134235. Lot 30 DP 1119; Lot1                                               DP945266 and Lot 31 DP 1119 are to be consolidated into proposed                                 Lot 1. Lot consolidation is to be generally in accordance with the Site                                Plan by Leffler Simes Architects, reference 3116, issue A, dated                                        25/10/2013. Evidence of registration of the plan of consolidation shall                                be submitted to the Principal Certifying Authority and Penrith City                                  Council, if Council is not the Principal Certifying Authority.

                   2.4.11         Prior to the issue of a Construction Certificate a separate Roads Act                                  application, including payment of application and inspection fees                                       shall be lodged with Penrith City Council as the Roads Authority for                                      any intersection upgrade works to the local road network required as a                                      result of the development.

                   2.4.12         Prior to the issue of an Occupation Certificate a Right of Carriageway                               is to be dedicated over proposed lots 1 and 2 in favour of Lot 32 DP                                    1119 and Lot 33 DP 774214 generally in accordance with the Site                                 Plan by Leffler Simes Architects, reference 3116, issue A, dated                                            25/10/2013.

                   2.4.13         The carpark planting blisters are inadequately sized for tree planting                                   and are not accepted as damage to the carpark is likely. Alternative                                   tree planting details are to be submitted for approval prior to the issue                                   of a Construction Certificate. The 5m setback to the building on                                            Regentville Rd is to be fully planted to achieve an appropriate                                                 screening effect and to accommodate trees at maturity without                                           damage to the building. Side boundary planting is insufficient to                                        accommodate tree plantings. Alternative designs are to be   submitted                                for approval prior to the issue of a Construction Certificate.

2.4.14         The proposed signalised intersection at the site entry and the                           modification to the intersection of Mulgoa Road and Batt Street shall                      be designed in accordance with RMS’s Traffic Signal Design Manual,                           Austroads, RMS’s supplements and other Australian Standards and                              endorsed by a suitably qualified practitioner.

 

                    The certified copies of traffic signal design and civil design plans as                         well as swept path analysis shall be submitted to RMS for                                            consideration and approval prior to the release of the construction                     certificate and commencement of any road works.

 

                    RMS fees for administration, plan checking, signal works inspection                        and project management shall be paid by the developer prior to the                         commencement of works. A ten year maintenance plan contribution                            fee payable to RMS will apply to the new signalised intersection.

 

                                      The developer will be required to enter into a Works Authorisation                                     Deed          (WAD) for the abovementioned traffic signal and civil works.                                  The WAD will need to be executed prior to RMS assessment of the                                 detailed traffic signal design plans.

                   2.4.15         All works associated with the proposed intersection shall be at no cost                               to RMS.

                   2.4.16         A Remedial Action Plan is to be submitted to Council for approval for                                        the remediation of land prior to the issue of a construction certificate.                                The Remedial Action Plan shall be consistent with the Contaminated                                     Land           Planning Guidelines and Policies, including but not limited to                                     SREP No. 20, SEPP 55, the Contaminated Land Management Act and                                all relevant NSW Environment Protection Authority Guidelines.  All                                 works associated           with any remediation are required to be completed                                  and validated to the satisfaction of Council.

 

                   2.4.17         Prior to the issue of a construction certificate a Validation Report,                                      prepared by an appropriately qualified person as defined in the                                          Penrith Development Control Plan 2010, is to be submitted to Council                                 for approval.   The report shall certify that the remediation works                               have been carried out in accordance with an approved Remedial                                          Action Plan, relevant NSW Environment Protection Authority                                           requirements and the Penrith Development Control Plan 2010.  The                                   Report is to confirm that the site is suitable for the proposed use.

         

                   2.4.18         The freestanding pylon sign at the Mulgoa Road frontage of the site                                  shall be reduced in height to 10m. The sign shall be located within the                               boundaries of the site. Details shall accompany an application for a                                    construction certificate. 

                            

                                      All signage shall be constructed of high quality and durable materials                                 and it shall not incorporate flashing devices.

 

                   2.4.19         The hours of operation for the approved use are between the hours of                                6.00am – 10.00pm 7 days a week.

 

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

                                      a)    Stormwater pre-treatment system/s

                                      b)    Overland flowpath works

 

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

 

                   3.       Those that made submissions be advised of Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1. View

DA13/1257 Architectual Plans

7 Pages

Appendix

2. View

DA13/1257 Locality Map

1 Page

Appendix

3. View

Development Control Table

10 Pages

Appendix

  


Extraordinary Council Meeting                                                                                           10 March 2014

Appendix 1 - DA13/1257 Architectual Plans

 

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Extraordinary Council Meeting                                                                                           10 March 2014

Appendix 2 - DA13/1257 Locality Map

 

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Extraordinary Council Meeting                                                                                           10 March 2014

Appendix 3 - Development Control Table

 










 


 

 

 

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

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Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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

 

 

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


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

 

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


 

ATTACHMENT       

 

 

 


Date of Meeting:          10 March 2014

 

Delivery Program:       Outcome 7   

 

Service:                         Financial Services

 

Report Title:                 2013-2014 Voted Works