19 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 ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 24 March 2014 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

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

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Extraordinary Council Meeting - 10 March 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

Reopening of High Street, Penrith to Traffic through Triangle Park.

Restoration of Weekly Recycling Bin Pick up service.

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 12 February 2014.

Local Traffic Committee Meeting - 3 March 2014.

Policy Review Committee Meeting - 10 March 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 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 EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 10 MARCH 2014 AT 7:06PM

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 Senior Governance Officer, Glenn Schuil.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Michelle Tormey for the period 4 March 2014 to 11 April 2014 inclusive.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 24 February 2014

43  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 24 February 2014 be confirmed with the deletion of Councillor Jackie Greenow OAM from the list of Councillors who voted  on 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.

DECLARATIONS OF INTEREST

Councillor Karen McKeown declared a Pecuniary Interest in Item 1 - Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown as her husband rents a premises on Regentville Road which is in the area subject to the report.

 

Councillor Ben Goldfinch declared a Pecuniary Interest in Item 1 - Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown, as he is a Director of a Hardware Store in the area subject to the report.

 

Councillor Mark Davies declared a Pecuniary Interest in Item 1 - Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown as he owns a business in the area subject to the report, and that business has a commercial arrangement with Masters.

 

SUSPENSION OF STANDING ORDERS

44  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:13pm.

 

Anthony Pratt

 

Item 1 - Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown    

 

Mr Anthony Pratt, the applicant’s spokesperson, spoke in support of the recommendation and thanked Council and Council staff for their support, cooperation and engagement throughout the development application process. Mr Pratt reiterated the desire Masters has for a store in Penrith and stated that should consent be granted they look forward to moving ahead with construction quickly and continuing a positive relationship with Council.

 

John Mullane

 

Item 1 - Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown    

 

Mr John Mullane, the owner’s spokesperson, spoke in support of the recommendation and stated from a planning perspective that he believed the site to be ideally located and zoned for this type of development.

 

RESUMPTION OF STANDING ORDERS

45  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that Standing Orders be resumed, the time being 7:26pm.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

Having previously declared Pecuniary Interests in the matter, Councillors Karen McKeown, Ben Goldfinch and Mark Davies left the meeting, for consideration of Item 1, the time being 7:27pm.

 

 

 

 

1        Development Application DA13/1257 for Home Improvement Store and Bulky Goods Tenancies at 72-82 Mulgoa Road and 29-45 Regentville Road, Jamisontown             

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

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.

                   4.       Council Officers Craig Butler, Wayne Mitchell, Paul Lemm, Gurvinder                             Singh and Adam Wilkinson be thanked for their efforts and negotiation in                        delivering a positive outcome for Penrith on this matter.

                   5.       A letter of thanks be sent to the Member for Penrith, Stuart Ayres MP                               thanking him for his involvement in delivering a positive outcome for                                Penrith on this matter.

 

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 Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                      

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

Councillor Greg Davies left the meeting, the time being 7:30pm.

 

RR 1          Footpath Budget                                                                                                       

Councillor Marcus Cornish requested a memorandum to all Councillors on how long it has been since the footpath budget has been increased.

 

Councillors Karen McKeown, Ben Goldfinch and Mark Davies returned to the meeting, the time being 7:32pm.

 

RR 2          Alcohol Free Zone Signage                                                                                      

Councillor Bernard Bratusa requested a memorandum to all Councillors on the possibility of erecting Alcohol Free Zone signage on the site directly under the access ramp to the Skipton Arcade rooftop parking.

 

Councillor Greg Davies returned to the meeting, the time being 7:33pm.

 

RR 3          St Marys Tennis Courts                                                                                           

Councillor Bernard Bratusa requested a report to Council on St Marys Tennis Courts detailing the cost of repairs to the court and amenities, current leasing arrangements and the involvement of Nepean Tennis Association for interim management.

 

RR 4          Future Car Park Plans                                                                                            

Councillor Tricia Hitchen requested a memorandum to all Councillors which outlines the future planned car parks for the Penrith CBD area.

 


 

RR 5          Telstra Works - Pit, Corndew Crescent, Werringtown Downs                           

Councillor Prue Car requested a memorandum reply concerning making representations to Telstra in regards to the state Corndew Crescent, Werrington Downs has been left after work conducted on a pit.

 

RR 6          Gordon Street, St Marys - Speeding                                                                       

Councillor Prue Car requested a memorandum and that the Local Traffic Committee look into reports of dangerous speeding on Gordon Street, St Marys.

 

RR 7          Carinya Avenue, St Marys - Speeding                                                                   

Councillor Prue Car requested a memorandum and that the Local Traffic Committee look into reports of dangerous speeding on Carinya Avenue, St Marys.

 

RR 8          No Stopping - Great Western Highway, Emu Plains                                            

Councillor Jim Aitken OAM requested a report to Council on no stopping on the Great Western Highway, Emu Plains before 10am.

 

There being no further business the Chairperson declared the meeting closed the time being 7:35pm.

 


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                                                     


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Passing of Roger Nethercote                                                                                              1

 

2        Passing of Samuel Morris                                                                                                   2

 

3        Congratulations to Suzi Flynn on Ministers' Award for Women in Local Government    3

 

 



Ordinary Meeting                                                                                                 24 March 2014

 

Mayoral Minute

Passing of Roger Nethercote

           

 

It is with great sadness that I note the passing of Roger Nethercote.

 

Roger worked with Council for 24 years. He started with our organisation in 1990 and held various senior planning positions before being promoted to Environmental Planning Manager in 1994. In 2009 he became the People and Places Group Manager, overseeing Council’s Children’s Services, Community and Cultural Development, Environmental Health and Development Services and managing more than 500 staff. Roger left Council in March 2013 to start a period of long-service leave before his official retirement.

 

Roger made a very real impact on our city during his time at Council. With the teams he managed he conserved 1500 hectares of bushland for future generations and planned and delivered 10 new urban communities. He was passionate about his work and about making Penrith a better place. He brought this passion to bear on plans for the ADI site, his long-term work on the Erskine Business Park and WSEA, the Glenmore Park development, Thornton, Caddens and other new housing areas. Roger’s devotion, stewardship and guidance mean Penrith is home to vibrant, cosmopolitan estate.

 

His expertise and enthusiastic and thorough approach were also valued in his role as Chair of the WSROC Environmental and Strategic Planners Committee and as the General Manager’s representative on the Penrith City Children’s Services Board and the Penrith Performing and Visual Arts Board.

 

The improvements Roger made, the strategies he developed and the place management focus he gave our operations have left a lasting impression on how we do things at Council. His legacy to this organisation and our community is deep and will be long lived.

 

Roger will be sadly missed by all who knew him. On behalf of my fellow Councillors and the staff at Penrith Council I would like to offer deepest sympathy to Roger’s wife Jenny and their children, Kristy and Andrew.

 

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Roger Nethercote be received.

 

 

 


Ordinary Meeting                                                                                                 24 March 2014

 

Mayoral Minute

Passing of Samuel Morris

           

 

We are saddened to hear of the passing of 10-year-old Samuel Morris of Cranebrook and our thoughts are with his parents Michael and Jo-ann and his sisters Tanja and Taylor.

 

Samuel’s story is one that has touched us all deeply and his and his family’s journey has been a brave and inspiring one. On 9 April 2006 when Samuel was two years old Jo-ann found him face down in their backyard pool. He had let himself in through an undiscovered broken panel on the pool fence. It was a freak accident and an unpredictable tragedy.

 

As a result of this accident Samuel suffered a severe hypoxic brain injury and was left with severe disabilities. He wasn’t expected to live when his life support was turned off, but he survived until February this year.

 

In 2007 Samuel’s parents set up the Samuel Morris Foundation. Michael and Jo-ann worked hard to make the foundation a vital resource and support for those who have suffered similar situations. The foundation has successfully heightened community awareness of water safety and I have no doubt prevented further death and injury from drowning and near drowning.

 

I commend the Morris family and their effort to ensure what happened to them doesn’t happen to more families. Michael and Jo-ann were awarded local Australia Day honours in 2013, but even these highly prestigious awards are not recognition enough for the work they have done and continue to do. At the Ordinary Meeting of 24 February, I led a minute’s silence in memory of Samuel. This time I would ask that you stop to think of the Samuel Morris Foundation’s ongoing work and lend support where and when you can.

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Samuel Morris be received.

 

 

 


Ordinary Meeting                                                                                                 24 March 2014

 

Mayoral Minute

Congratulations to Suzi Flynn on Ministers' Award for Women in Local Government

Strategy: Demonstrate transparency and ethical behaviour

           

 

I would like to congratulate Council’s Chief Rates Clerk Suzi Flynn on winning a Ministers’ Award for Women in Local Government.

The awards celebrate the contribution of women to local government in NSW and aim to encourage women to take leadership roles in the sector.

Suzi received the award, for a non-senior staff member from a Metropolitan Council, at a special ceremony at Parliament House on 5 March.

She was nominated by a colleague from her former workplace, City of Sydney Council, where she was Rates Manager for 13 years. Suzi first worked for Penrith Council as a Sundry Debtors Clerk from 1995 to 1999 and rejoined the team of Chief Rates Clerk in late 2012. In this role she helped implement a new communication tool for the Penrith Council Rates team.

She is a keen advocate of Penrith Council’s Gender Equity Program and actively encourages her colleagues to attend LGMA Women’s Opportunity Network days. Suzi was also an enthusiastic mentor in the Women in Leadership program, inspiring her mentee to progress to a supervisory role.

Suzi is an executive member and the Secretary of NSW Revenue Professionals Society Inc, has been a speaker and organiser for many of its annual conferences and is the Society’s training coordinator. She is also an expert in annual Notional and Permissible Yield calculations and has provided assistance to local government professionals. These achievements are all the more admirable when you consider she is also raising a family.

Suzi is a real asset to Council and an inspiration to her colleagues. On behalf of my fellow Councillors and Council staff I would like to once again congratulate her on this worthy recognition.

 

 

Councillor Ross Fowler OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Congratulations to Suzi Flynn on Ministers' Award for Women in Local Government be received.

  


Notices Of Motion

 

Item                                                                                                                                                Page

 

1        Reopening of High Street, Penrith to Traffic through Triangle Park                                 1

 

2        Restoration of Weekly Recycling Bin Pick up service                                                       2

 

 



Ordinary Meeting                                                                                                 24 March 2014

Notice of Motion

1          Reopening of High Street, Penrith to Traffic through Triangle Park            

 

 

Councillor Marcus Cornish TO MOVE:

 

“That a vote be taken by show of hands on re-opening High Street, Penrith to traffic through the ‘Triangle Park’.”

 

 

 


Ordinary Meeting                                                                                                 24 March 2014

Notice of Motion

2          Restoration of Weekly Recycling Bin Pick up service            

 

 

Councillor Marcus Cornish TO MOVE:

 

“That a vote be taken by show of hands on restoring a weekly recycling bin (yellow bin) pick up service for all of the Penrith Local Government Area.”

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 12 February 2014     1

 

2        Report and Recommendations of the Local Traffic Committee meeting held on 3 March 2014 8

 

3        Report and Recommendations of the Policy Review Committee meeting held on 10 March 2014                                                                                                                                           18

 

 



Ordinary Meeting                                                                                                 24 March 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 12 February, 2014

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), Councillor Marcus Cornish, Councillor Tricia Hitchen, Councillor Michelle Tormey, David Currie, Michael Morris, Emma Husar, Councillor Prue Car (arrived 5.42pm).

 

IN ATTENDANCE

 

John Gordon - Parks Manager, Joe Ibbitson – Community Programs Coordinator, Erich Weller – Community and Cultural Development Manager, Robyn Brookes – Disability Services Officer, Graham Howe – Building Projects and Maintenance Coordinator, Hans Meijer – City Works Manager, Terry Agar – City Centres Coordinator, Ben Felten – Disability Access Officer, Mahbub Alam - Environmental Planner, Rosemarie Canales - Architectural Supervisor - Design and Projects, Amber Simmons – Lend Lease, Josh Nicolson – Lend Lease, Colin Wood – Fire Safety and Certification Coordinator, Karl Berzins – Environmental Planner, Michael Jackson - Major Projects Manager (arrived 5.40pm), Belinda Borg - Senior Environmental Planner (arrived 5.44pm).

 

APOLOGIES

Apologies were accepted from Farah Madon, Denise Heath and Melanie Coid.

 

Joe Ibbitson advised that Melanie Coid was resigning from the Access Committee as she has been transferred to Albury.  Melanie Coid has thanked the Committee for their support and their great work supporting people with disability in Penrith.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 December 2013

The minutes of the Access Committee Meeting of 11 December 2013 were confirmed.

 

BUSINESS ARISING FROM PREVIOUS MINUTES

 

GB 1 Woodriff Street – Pedestrian Crossing

 

Councillor Tricia Hitchen advised that the matter of the pedestrian refuge at Woodriff Street near the Village Shopping Centre was discussed at the Ordinary Council meeting on 3 February and it was agreed to place tactile indicators there so that people with vision impairments are able to detect this area and cross the road.

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

4        All Abilities Playground at Jordan Springs                                                                     

John Gordon spoke to the report on the All Abilities Playground at Jordan Springs and introduced Amber Simmons and Josh Nicholson from Lend Lease.

 

Amber Simmons provided a presentation on the current status of the playground project, community consultations undertaken and the concept plans for discussion with the Access Committee.

 

Construction works should commence in April and it is anticipated that the playground will be commenced around August/September.

 

Key elements which came out of all the consultations were water play, swinging, climbing and sliding. Shade, cleanliness, toilet location and fencing have already been considered:  The amenities block and carparking are close by.

 

Play zones include passive, picnic and barbecue, water play, sand play, bouncing, spinning, rocking, swinging, climbing, a slide mound, sand play, sound, and a sensory garden.

 

There will be a 2.5m path all the way around the playground and in some places it could be wider.  A concept design is now being worked on in detail and the pieces of play equipment chosen which will be provided in the playground.

 

Issues discussed by the Committee included:

 

·    Shade structures over or adjacent to play areas

·    Proximity of the playground to the carpark

·    Distance of the playground from Northern Road

·    Whether the playground will be completed in time for International Day for People with Disability

·    Tree planting

·    Surveillance.

 

Michael Jackson arrived at the meeting at 5.40pm

 

Councillor Prue Car arrived at the meeting at 5.42pm.

 

RECOMMENDED

That:

 

1.     The information contained in the report on All Abilities Playground at Jordan Springs be received.

2.     The Access Committee continue to be consulted and informed on the development and delivery of the All Abilities Playground.

 

John Gordon, Amber Simmons and Josh Nicholson left the meeting at 5.43pm.

 

3        Kingswood Public Domain Manual                                                                                 

Terry Agar provided information to the Committee on the contents of the draft Kingswood Public Domain Manual. It was advised the Manual is to guide the standards of design, materials and finish for future street upgrades in the Kingswood area.  This includes type of footpaths, species of trees and types of lights. This will hopefully create a sense of identity and individual street character for Kingswood. The Manual will help facilitate better footpath layouts, improve access through the street environment, standardise spacing of bins and furniture, define consistent paving treatments and improved access for people with disabilities. Pavers will be utilised in commercial areas of Kingswood and concrete paving will be used in residential areas.

Belinda Borg arrived at the meeting at 5.44pm.

 

Erich Weller left the meeting at 5.44pm and returned to the meeting at 5.45pm.

 

The Manual went through a review process and Farah Madon of Vista Design Architects Pty Ltd assessed the accessibility consistency with the legislation and standards. The review included minimum pathway widths and trip hazard reduction.

 

Terry Agar advised that the next steps are to report the draft Manual to a Council Policy Review Committee meeting seeking a resolution to place it on public exhibition. Comments and submissions can be made regarding the Manual at this time.

 

Concern was expressed by a number of Access Committee members of their support being given to the Manual when the Committee had not had the opportunity to read the document. It was suggested to amend the report recommendation to say “support in principle”.

 

Councillor Prue Car suggested that the results of the public exhibition could be reported back to the Access Committee.

 

Councillor Jackie Greenow OAM advised that Access Committee members could receive a copy of the draft Manual after Councillors have received it. Terry Agar undertook to provide Access Committee members with a copy of the draft Manual when it has been approved by Council for public exhibition.

 

RECOMMENDED

That:

 

1.     The information contained in the report on Kingswood Public Domain Manual be received.

2.     The Access Committee support in principle the draft Manual being reported to Council for endorsement to be exhibited for public comment.

 

2        Premises Accessibility Audit                                                                                             

Michael Jackson introduced the Premises Accessibility Audit report which describes a proposal to develop and implement an accessibility audit template to be completed for all Council premises.  A costed program of works will then be developed to inform an application for a Special Rate Variation or other funding process to upgrade all Council facilities.

 

After Council’s 200 plus buildings are assessed it is hoped to have a full picture of what is required across Penrith.  When the audit is completed an evaluation of the data and photographic record will be undertaken and a costed program of works will be developed.

 

Michael Jackson sought the views of Access Committee members on the process to be undertaken.  The project team will look at the nearest public transport, path of travel to the main door, circulation space and landing at entry door, steps at the threshold, bus stop compliance, carparking and whether the car space is adequate and sign posted, ramps and assess whether they are wide enough, appropriately marked and if there is a handrail.  The internal checklist will include doors, handle height and shape, light levels and the access point to operate doors. A tape measure and a camera will be used during this process. Note will be taken of key dimensions and the photographs will be used for further analysis.

 

Issues discussed by the Committee included:

 

·    Automatic doors

·    The camber of paths

·    Path construction materials

·    Whether there is a slope on accessible parking spaces

·    Change facilities for older children and adults

·    Colour contrasts

·    Consideration of who will be utilising the premises

·    The length of ramps.

 

Michael Jackson advised that the audit would be undertaken within a six month period.

 

RECOMMENDED that the information contained in the report on Premises Accessibility Audit be received.

 

Michael Jackson and Rosemarie Canales left the meeting at 6.25pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to Access Committee                                             

DA13/1424     Community Facility – Dementia Day Care Centre, 10-12 Hemmings Street, Penrith

 

Mahbub Alam advised that the development application from Anglicare is for construction of a single storey dementia day care centre.  The centre will have the capacity for 20 clients at a time.  The site comprises two lots with one vacant and the other with an old house on it.

 

The community aged care service is Level 2 and 4.  The development comprises nine parking spaces with one for accessible parking and one space for mini bus services.

 

The centre is 1km from Penrith Station and 270m to the nearest bus stop.

 

Councillor Prue Car left the meeting at 6.27pm.

 

Some of the accessibility issues mentioned included:

 

·    an accessible building entry width of 1.5m

·    internal access to standard AS1428.1-2009

·    two accessible toilets

·    one accessible parking space.

 

Councillor Prue Car returned to the meeting at 6.30pm.

 

Mahbub Alam advised that nine Council departments had considered the proposal with no objections.

 

Issues discussed by the Committee included:

 

·    provision of an adult size change bench

·    access to the cleaner’s room

·    provision of a sluice.

 

Colin Wood indicated he would take up these issues with the developer.

 

DA13/1386                   Staged Redevelopment of Cranebrook Village Shopping Centre

 

Karl Berzins introduced the development application for the redevelopment of the Cranebrook Village Shopping Centre and advised that the cost of the development is in excess of the amount Council can determine.  This application will be referred to the Joint Planning Panel.  The development application is to upgrade the existing shopping centre and provide more shopping space than is currently on the site.

 

Mahbub Alam left the meeting at 6.40pm.

 

Karl Berzins advised that the shopping centre will be redeveloped in stages.  The old hardware store will be demolished.  The marked carparking area will be flat.  Access to the site is from Laycock Street. 

 

In stage 2 of construction the existing shopping centre will be demolished – part of the area will become carparking and the other part will be an Aldi supermarket and a speciality arcade.

 

Issues discussed by the Committee included:

 

·    Concern about safety and the ease of access during the process of construction

·    Provision of an emergency site management plan

·    Accessibility to the supermarket during construction stage

·    Construction of the carpark

·    The number of accessible parking spaces

·    Interim toilets

·    Safe access from the carpark to the front entry past the driveways

·    Location of the bus stop.

 

Councillor Marcus Cornish suggested that more than six accessible parking spaces should be provided.  Karl Berzins advised he would negotiate for more than six accessible spaces.

 

Karl Berzins left the meeting at 6.50pm.

 

DA13/1279, DA13/1402, DA13/1503, DA13/1505    1041 Mulgoa Road, Mulgoa -Consolidation, subdivision and use of the site for various functions/events

 

Belinda Borg presented the development applications regarding the Fernhill Estate and advised of the two main DAs to be discussed tonight.  DA13/1279 refers to the use of the existing buildings as a function centre for less than 300 people.  DA13/1503 is for the consolidation of land and creation of 54 lots and use for various events.  The site is identified under the Heritage Act.

 

Issues discussed by the Committee included:

 

·    Concern regarding carparking accessibility

·    Narrow access to the rear of the building

·    Wheelchairs being unable to access ramps without assistance

·    No access to main bathroom

·    The report does not advise location of accessible parking spaces or the toilets.

 

Colin Wood advised that the development application would go back to the access consultant seeking further enhancements.

 

Councillor Prue Car left the meeting at 7.10pm.

 

RECOMMENDED

That:

 

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

2.   Council note the Access Committee’s significant concerns regarding the Fernhill Estate development application.

3.   The proposed Access Solutions access report for the Fernhill Estate development application appears to be inadequate and lacks detail.

4.   As with other significant community developments (e.g. Panthers Stadium) the developer be invited to address the Access Committee regarding the Fernhill Estate development.

 


 

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

 

5        An Inclusion Agenda - Planning and Service Delivery                                                  

Robyn Brookes spoke to the report which summarised two recently released reports on Disability Planning across Local Government in NSW and the Draft Disability Inclusion Bill 2014.

 

Belinda Borg and Councillor Tricia Hitchen left the meeting at 7.25pm

 

RECOMMENDED that the information contained in the report on An Inclusion Agenda - Planning and Service Delivery be received.

 

6        2014 Ageing Disability and Home Care Family Fun Day                                              

Ben Felten presented the report on the Family Fun Day to be held at York Public School on 23 February 2014.  The community has been invited to come along to experience inclusive recreation, cultural and leisure activities.  Council will be hosting two stands – one to promote the library and accessible toys and the other to promote Ripples and Penrith Swimming Centre. Last year about 400 people attended Family Fun Day.

 

RECOMMENDED that the information contained in the report on the 2014 Ageing Disability and Home Care Family Fun Day be received.

 

GENERAL BUSINESS

 

GB 1          Benches in Westfield Penrith                                                                                  

Councillor Tricia Hitchen advised that the two benches previously outside Woolworths in Westfield Penrith have been removed.

 

GB 2          Shared Path Construction                                                                                       

Hans Meijer advised that the shared path construction along the Great Western Highway at Kingswood is continuing. Currently work is being undertaken along the south side between O’Connell Street and Santley Crescent and will soon commence along the northern side from Parker Street to the western end of Kingswood railway station.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.30pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 February, 2014 be adopted.

 


Ordinary Meeting                                                                                                 24 March 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 March, 2014

 

 

 

PRESENT

Ruth Byrnes – Senior Traffic Officer (Chairperson), Wayne Mitchell – Executive Manager Environment & City Development, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Road Safety Co‑ordinator, Graham Green – Senior Traffic Engineer, Sergeant Matt Shirvington – Penrith Police, Senior Constable Mark Elliott – St Marys Police, Councillor Marcus Cornish, Councillor Tricia Hitchen – Representative for the Member for Penrith, James Suprain – Roads & Maritime Services, Mark Holmes (representative for the Member for Mulgoa), Bernie Meier – Acting Engineering Co-ordinator, Emma Lawton – Trainee Engineer, Martin Warda – Trainee Engineer, Joshua Hull – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways

 

APOLOGIES

Apologies were accepted from Councillor Greenow OAM, Councillor Karen McKeown, Michael Alderton – Road Network Services Engineer, David Drozd – Senior Traffic Engineer

 

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 February 2014

The minutes of the Local Traffic Committee Meeting of 3 February 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Derby Street & Somerset Street, Kingswood - Review of 2-Hour Parking Restrictions       

RECOMMENDED

That:

1.     The information contained in the report on Derby Street & Somerset Street, Kingswood - Review of 2-Hour Parking Restrictions be received.

2.     Council note the information.

 

 

2        Fowler Street, Claremont Meadows - Proposed Provision of Linemarking                

RECOMMENDED

That:

1.     The information contained in the report on Fowler Street, Claremont Meadows - Proposed Provision of Linemarking be received.

2.     Consultation be conducted with the owners of 30 Fowler Street, Claremont Meadows, and any substantial objections be referred to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, approximately 35m of double-barrier linemarking and raised pavement markers be provided around the bend fronting 30 Fowler Street, Claremont Meadows (as shown in Appendix 1).

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

 

 

3        Roper Road, Colyton - Fatal Crash                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Roper Road, Colyton - Fatal Crash be received.

2.     Council note the information.

3.     The resident making representations on this matter be advised of Council’s resolution.

4.     The Mayor, Councillor Fowler OAM, be advised of Council’s resolution.

 

 

4        Caddens Road, Claremont Meadows - Proposed Provision of Traffic Calming Devices     

RECOMMENDED

That:

1.     The information contained in the report on Caddens Road, Claremont Meadows - Proposed Provision of Traffic Calming Devices be received.

2.     The project for the provision of traffic calming devices in Caddens Road, Claremont Meadows, between Heaton Avenue and Gipps Street, and a Median Island Stop Treatment (MIST) at the intersection of Caddens Road at Gipps Street, be entered into Council’s Traffic Facilities Prioritisation Process.  When the project receives priority against other sites, Council’s Design Co-ordinator be requested to prepare a design for the facilities, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

3.     The Police be requested to monitor and enforce speeding in Caddens Road, Claremont Meadows.

4.     The residents who made submissions on the matter be advised of Council’s resolution.

 

 

5        Parkes Avenue, Werrington - Proposed Provision of Bus Stops                                   

RECOMMENDED

That:

1.     The information contained in the report on Parkes Avenue, Werrington - Proposed Provision of Bus Stops be received.

2.     Community consultation be conducted with the Arthur Neaves Community Hall management, and any substantial objections be referred to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, two bus stops be approved for installation on Parkes Avenue, Werrington (as shown in Appendix 1), subject to Busways providing documentary evidence to Council prior to the bus stops becoming operational that the approved bus stops comply with the legislative requirements of the Disability Discrimination Act and the Disability Standards for Accessible Public Transport for new bus stops.

4.    Realignment of double-barrier linemarking be carried out on Parkes Avenue, Werrington, at both locations, to accommodate a 5.5m lane width in front of the bus stop.

5.    Busways be advised of Council’s resolution.

 

 

6        Glenmore Ridge Road, Glenmore Park - Proposed Provision of "Side Road Intersection on a Curve" Signage                                                                                                               

RECOMMENDED

That:

1.     The information contained in the report on Glenmore Ridge Road, Glenmore Park - Proposed Provision of "Side Road Intersection on a Curve" Signage be received.

2.     “Side Road Intersection on a Curve” (W2-9 (L)) signage be installed on Glenmore Ridge Road, Glenmore Park, on the corner of Foothills Terrace (outside 1 Foothills Terrace), as shown in Appendix 1.

3.     St Marys and Penrith Police Local Area Commands be advised of Council’s resolution and the Police be requested to monitor the intersection for corner cutting.

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

5.     Council officers to investigate the provision of a physical central barrier on Glenmore Ridge Road, Glenmore Park, to prevent corner cutting.

7        Greendale Road, Wallacia - Proposed Installation of Bus Zone                                    

LTC Comment

As part of the discussion on this item, the Busways representative requested that the proposed bus zone be 30m long instead of 25m.  The Committee concurred that this matter is to be investigated separately.

RECOMMENDED

That:

1.     The information contained in the report on Greendale Road, Wallacia - Proposed Installation of Bus Zone be received.

2.     A 25m bus zone be installed on Greendale Road, Wallacia, opposite property number 15, as shown in Appendix 1.

3.     Affected residents be advised of Council’s resolution.

4.     Busways be advised of Council’s resolution.

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

 

8        Riley Street, Penrith - Proposed Provision of 5 Minute Timed Parking Restrictions  

RECOMMENDED

That:

1.     The information contained in the report on Riley Street, Penrith - Proposed Provision of 5 Minute Timed Parking Restrictions be received.

2.     The southern 25m of the existing bus zone on the western side of Riley Street, Penrith be removed, and be replaced with full time “5 Minute Parking” (R5-13) restrictions.

3.    The “1/2 Hour Parking” zone on the eastern side of Riley Street, Penrith be reviewed as part of the Penrith City Centre Car Parking Strategy, and any recommended changes be reported to the Local Traffic Committee.

4.     Transport for NSW, Busways, Blue Mountains Bus Company, and Westfield Penrith be advised of Council’s resolution.

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

 

 

9        Womra Crescent, Glenmore Park - Proposed Provision of "No Stopping" Restrictions     

RECOMMENDED

That:

1.     The information contained in the report on Womra Crescent, Glenmore Park - Proposed Provision of "No Stopping" Restrictions be received.

2.     Consultation be conducted with affected residents and any substantial objections be referred back to Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, 31m of “No Stopping” restrictions be provided in Womra Crescent, Glenmore Park, outside the Hopscotch Long Day Care Centre, from the western side of the adjacent path to the boundary of the day care centre and property 16; together with lead-in double-barrier lines in Womra Crescent for a distance of 15m on the eastern approach to the traffic island, and 15m on the western approach to the traffic island; and YY retro-reflective raised pavement markers (RRPMs) in Womra Crescent to augment the double-barrier lines and outline the traffic island.

 

 

10      Rodley Avenue, Penrith - Proposed Provision of "No Entry" Signage                        

RECOMMENDED

That:

1.     The information contained in the report on Rodley Avenue, Penrith - Proposed Provision of "No Entry" Signage be received.

2.     “No Entry” signage be installed at the western end of Rodley Avenue, Penrith, offset approximately 1.5m north of the westbound kerb (as shown in Appendix 1).

3.     Penrith/Blue Mountains Traffic and Highway Patrol Command be advised of Council’s resolution.

 

 

11      High Street Penrith - Triangle Park Three-Month Traffic Review                              

RECOMMENDED

That:

1.     The information contained in the report on High Street Penrith - Triangle Park Three-Month Traffic Review be received.

2.     Council note the information.

 

 

GENERAL BUSINESS

 

GB 1          Gipps Street, Werrington – Proposed Linemarking Changes  (Raised Council)

The purpose of this General Business item is to consider the provision of linemarking and delineation improvements in Gipps Street, at the intersection of Werrington Road, Werrington.  It is recommended that the linemarking be implemented.

 

Council has received a request from a resident for changes to the Gipps Street/ Werrington Road intersection in Werrington.  The resident claims that during peak times the build up of traffic in Gipps Street causes queuing back toward the Wollemi College.  The resident suggested provision of a roundabout or “Keep Clear” road markings and respective posted signs to alleviate the situation.

 

A Council officer attended the site over a period of a few weeks during school peak time.  In this time, it was observed that right-turning vehicles out of Gipps Street were held up by moderate delays in Werrington Road as, due to the positioning of centre linemarking, only one queue length is possible.  The bank up of traffic was some 175m toward the College driveway.

 

It is proposed to provide improved delineation by moving the double-barrier centreline in Gipps Street south, to allow two 3m lanes eastward for a distance of 22m from Werrington Road.  This, in turn, will allow approximately four vehicles to queue in each of the newly created lanes, which should alleviate congestion.  A 3m lane must also be maintained (westbound) in Gipps Street, heading toward the College.

 

The school has provided written confirmation and assurance that no buses, other than a 14-seat Toyota Hiace van, operate in or out of the school.  Provision of a roundabout at this location was considered, however due to the unbalanced traffic flows it was considered unsuitable for this intersection.  “Keep Clear” markings may be of benefit to the intersection even though the issue primarily relates to the capacity in Gipps Street and opportunities to turn into moving traffic.

 

It is anticipated these changes will have a positive effect on traffic flow and reduce the occurrence of queuing back towards the Wollemi College.  Any future expansion of the College will require them to upgrade the intersection commensurate with additional traffic generation, and this will be captured as part of a DA process.

 

RECOMMENDED

That:

 

1.     S1 separation linemarking be provided in Gipps Street, Werrington, for a distance of 22m west of Werrington Road, including left and right-turn painted arrows, in accordance with Appendix 1.

2.     The Roads and Maritime Services be requested to undertake an assessment of the intersection pertaining to the installation of “Keep Clear” linemarking on Werrington Road, Werrington.

3.     Wollemi College and the resident be advised of Council’s resolution.

 

GB 2          Jordan Springs Village 3C – Endorsement of Signage & Linemarking Plans  (Raised Council)    

The purpose of this item is to seek endorsement of signage and linemarking plans associated with the Jordan Springs Village 3C and Builders Display Village Car Park.  The report recommends that the signage and linemarking plans be endorsed.

 

Council officers have received signage and linemarking plans from J Wyndham Prince Consulting Engineers for the new subdivision, being Jordan Springs Village 3C (Plan No . 9343/02CC70 C dated 11/11/13, 9343/02CC71 C dated 11/11/13 and 9343/02CC72 C dated 11/11/13) and Builders Display Village Car Park (Plan No 9111/CC504L).  In summary, the plans provide a regulatory and advisory signage and linemarking scheme for the proposed residential development and car park.

 

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

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

 

In accordance with Council’s resolution, the signage and linemarking plans for the Jordan Springs Village 3C and Builders Display Village Car Park were referred to the Roads and Maritime Services and NSW Police for comments.

 

Council officers have made minor amendments to the plans, in red pen, to raise awareness of pedestrians (inclusion of signage G9-259-1) and have provided closing signage to the proposed “No Stopping” restrictions.

 

RECOMMENDED  

That the signage and linemarking plans prepared by J Wyndham Prince Consulting Engineers for the new subdivision being Jordan Springs Village 3C (Plan No 9343/02CC70 C dated 11/11/13, 9343/02CC71 C dated 11/11/13 and 9343/02CC72 C dated 11/11/13) and Builders Display Village Car Park (Plan No 9111/CC504L), as amended in red, be endorsed for construction.

 

 

GB 3          Andromeda Drive, Cranebrook – Proposed Installation of Part-Time “Bus Zone”  (Raised Council)                                                                                                                           

The purpose of this item is to consider feedback from Corpus Christie Primary School and the bus service provider on the proposed installation of a part-time “Bus Zone” on Andromeda Drive, Cranebrook.  It is recommended that the part-time “Bus Zone” be installed with amendments to operation times.

 

The Local Traffic Committee, at its meeting on 2 December 2013, considered a report on “Andromeda Drive, Cranebrook – Request for Installation of Part-Time Bus Zone”, and at its Ordinary Meeting on 16 December 2013, Council resolved, on the recommendation of the Committee, that:

 

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

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

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

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

5.   Busways be advised of Council’s resolution.

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

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

 

Feedback has been received from Corpus Christi Primary School and Busways further advising that the proposed part-time “Bus Zone” is only to be used between the times of 8am to 9.30am on school days.  Written correspondence was received from the school Principal objecting to the use of standard “School Zone” hours on the signage, stating his preference that the signage only reflect the intended time of use.

 

Consideration has been given to the request and further advice received from the bus service provider.  It is recommended that operational times for the proposed part-time “Bus Zone” be amended to only include the morning “School Zone” period, and that a supplementary “No Stopping – All Other Times” sign be installed above the proposed “Bus Zone” signage.

 

RECOMMENDED

That:

 

1.     The part-time “Bus Zone (8.00am–9.30am School Days)” signage be installed 10m north of the existing flagged “Children’s Crossing”, for a length of approximately 18m, on Andromeda Drive, Cranebrook.

2.     Supplementary “No Stopping – All Other Times” signage be installed above the proposed part-time “Bus Zone” signage on Andromeda Drive, Cranebrook.

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

4.     The bus service provider be advised of Council’s resolution.

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

 

GB 4          Warbler Street, Erskine Park – Endorsement of Signage & Linemarking Plans  (Raised Council)                                                                                                                           

Council’s Senior Traffic Officer tabled a signage and linemarking plan associated with DA12/00004, being a subdivision of land at Warbler Street and Miner Glen, Erskine Park.  The plan, prepared by Brown Smart Consulting and numbered X12437, CC, 801/2 provides “Give Way” signage (R1-2A), associated TB and BB linemarking in Road No 01, and E1 linemarking in Miner Glen (Road No 02).

 

RECOMMENDED

          That:

1.   The signage and linemarking plans prepared by Brown Smart Consulting, numbered X12437, CC, 801/2 be endorsed for construction.

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

 

 

 

 

 

GB 5          Banks Drive, St Clair – Concerns Regarding Construction Works near “Kiss and Drop” Zone (Raised Representative for the Member for Mulgoa)                                             

The representative for the Member for Mulgoa advised that the Member has received complaints regarding recent works carried out in Banks Drive, St Clair, near Banks Public School, which are affecting on-street parking near the School.

RECOMMENDED

That information regarding these works be forwarded to the Member for Mulgoa.

 

GB 6          Werrington Road, Werrington – Traffic Congestion  (Raised Councillor Tricia Hitchen as Representative for the Member for Penrith)                                                             

Councillor Tricia Hitchen, as representative for the Member for Mulgoa, raised concerns about traffic congestion on Werrington Road, Werrington (northbound), between Great Western Highway and The Kingsway during the pm peak.

RECOMMENDED

That the matter be investigated.

 

GB 7          Old Castlereagh Road, Castlereagh – Request for Reduction of Speed Limit  (Raised Penrith Police)

The Penrith Police representative requested that the speed limit be reduced to 60km/h on Old Castlereagh Road, Castlereagh, near the Sydney International Regatta Centre.  The Police representative advised that there is no footpath area for pedestrians (including joggers) on this section of road.

RECOMMENDED

That the Roads and Maritime Services be requested to investigate reducing the speed limit to 60km/h on Old Castlereagh Road, Castlereagh, between the Castlereagh Road roundabout and the main entry gates to the Sydney International Regatta Centre.

 

GB 8          Great Western Highway, Emu Plains – Request to Investigate Effectiveness of Existing “No Stopping” Restrictions  (Raised Councillor Marcus Cornish)                            

Councillor Marcus Cornish requested a review of the effectiveness of the existing part-time “No Stopping” restrictions on Great Western Highway, Emu Plains, between Station Street and Lamrock Street, and requested that removal of the restrictions be investigated due to perceived adverse impacts on nearby retail outlets.

RECOMMENDED

That the Roads and Maritime Services be requested to review the existing part-time “No Stopping” restrictions on Great Western Highway, Emu Plains, between Station Street and Lamrock Street.

 

 

 

 

 

GB 9          Grays Lane, Cranebrook – Request for Extension of Access Road near Samuel Terry Primary School (Raised Councillor Marcus Cornish)                                                               

Councillor Marcus Cornish requested that Council investigate a southward extension of the laneway/cul-de-sac that adjoins Grays Lane at Samuel Terry Primary School in Cranebrook, and the subsequent construction of a new intersection at Boundary Road to assist with egress of parents dropping off and picking up children from the School.

 

RECOMMENDED

That the matter be investigated.

 

GB 10        M4 Westbound Off-Ramps at Roper Road, Erskine Park; The Northern Road, Penrith & Russell Street, Emu Plains – Request to Extend Off-Ramp Capacity  (Raised St Marys Police)       

The St Marys Police representative requested an extension of the M4 westbound off-ramps at Roper Road, Erskine Park; The Northern Road, Penrith and Russell Street, Emu Plains to increase queuing capacity.

RECOMMENDED

That the Roads and Maritime Services be requested to provide an update on their investigations into capacity and queuing issues at the M4 westbound off-ramps at Roper Road, The Northern Road and Russell Street, Emu Plains.

 

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:55am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 March, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                                 24 March 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 10 March, 2014

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Michelle Tormey for the period 4 March 2014 to 11 April 2014 inclusive.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 February 2014

The minutes of the Policy Review Committee Meeting of 10 February 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Wianamatta Regional Park - Management of Macrofauna and Feral and Domestic Animal Strategies, Timing of Regional Park Transfer and Future Development of Central Precinct

Strategic Planning Manager, Paul Grimson introduced the report and invited Mike Patrick, Regional Manager SW Region, Office of Environment and Heritage to give a presentation.

Mr Patrick advised Council as follows:

·    A Plan of Management for the Wianamatta Regional Park was adopted on 15 February 2011;

·    The developer is responsible for  implementing the Macrofauna Management Plan and the Feral and Domestic Animal Management Strategy;

·    A Project Control Group, Chaired by the Department of Planning and Infrastructure and including the Office of Environment and Heritage and Lend Lease has been established to accelerate the transfer of the remaining land;

·    A staged timetable will be provided for handing over the Park as soon as possible.

Councillor Greg Davies left the meeting, the time being 8:21pm.
Councillor Greg Davies returned to the meeting, the time being 8:28pm.                                   

RECOMMENDED  that the information contained in the report on Wianamatta Regional Park - Management of Macrofauna and Feral and Domestic Animal Strategies, Timing of Regional Park Transfer and Future Development of Central Precinct  be received.

 

Outcome 5 - We care about our environment

 

2        Western Sydney Regional Illegal Dumping (WSRID) Squad 2012-2013 Annual Report     

RECOMMENDED

That:

1.     The information contained in the report on Western Sydney Regional Illegal Dumping (WSRID) Squad 2012-2013 Annual Report be received.

2.     Council thanks all staff associated and involved with the RID Squad for their efforts.

 

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

 

3        Draft Penrith City Centre Public Domain Technical Manual                                       

RECOMMENDED

That:

1.     The information contained in the report on Draft Penrith City Centre Public Domain Technical Manual be received.

2.     The Draft Penrith City Centre Public Domain Technical Manual be placed on public exhibition for 21 days.

3.     The members of the Access Committee be notified of the exhibition period.

 

4        Theme Park Opportunities in Penrith                                                                             

RECOMMENDED that the information contained in the report on Theme Park Opportunities in Penrith be received.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Development charges - Various Councils                                                               

Councillor Greg Davies requested a report to a future Councillor Briefing providing a comparison of the development charges by Blacktown City Council, Parramatta City Council and Penrith City Council.

 

URGENT BUSINESS

 

UB 1          Leave of Absence Request                                                                                       

Councillor Marcus Cornish requested leave of absence for the period 19 April 2014 to 30 April 2014.

RECOMMENDED 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.

RECOMMENDED that Councillor Marcus Cornish be granted leave of absence for the period 19 April 2014 to 30 April 2014.

 

There being no further business the Chairperson declared the meeting closed the time being 8:48pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 March, 2014 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        International Relations Program 2014                                                                                1

 

Outcome 2 - We plan for our future growth

 

2        Concept Plan for Precinct F of Glenmore Park Stage 2 and Development Application DA13/1359 for Torrens Title Subdivision x 37 Residential Lots, 1 Residue Lot and Public Roads at Lot 2 DP 541090, (No. 34 - 60) Bradley Street, Glenmore Park Applicant: CCL Development Pty Ltd;  Owner: Mint Holdings

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                       7

 

3        Fernhill Estate Events - Development Application DA13/1402 for Use of Site as a Function Centre for no more than 14 days within a 6 month period at 1041 -1187 Mulgoa Road, Mulgoa Applicant: Simon Tripp;  Owner: Angus Securities (mortgage in possession)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     20

 

4        Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa Applicant: Simon and Brenda Tripp;  Owner: Angas Securities (mortage in possession)                                                                         57

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

 

5        Section 96(1A) Application DA12/0961.01 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith Applicant: John & Helen Wakeling;  Owner: Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     89

 

6        DA13/0288.01 Proposed Section 82A application for review of determination - proposed subdivision into 21 residential allotments, road construction and dedication of Bio-retention Basin. DA12/0786.02 Section 96 Application to modify the boundary of an approved two lot subdivision and amend condition 6 (c) of the consent regarding vegetation matters at Lot 1 DP1144668 (No. 86-94) Andromeda Drive, Cranebrook Applicant: Whelans Insites Pty Ltd;  Owner: Trustees Roman Catholic Church

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                   131

  

 

 

 

 

Outcome 4 - We have safe, vibrant places

 

7        Tender Reference 13/14-08 Bank Stabilisation Works for Peachtree Creek, Penrith    173

 

8        Tender Report - Provision of Floodlight Control Systems for Sportsgrounds               178

 

9        Tender reference 13/14-09 for the construction of a Padmount Substation and the Supply and Installation of 100 lux Floodlighting to Fields 1 to 4 at Jamison Park, South Penrith 186

  

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

 

10      2014 ICF Canoe Slalom Junior & U23 World Championships                                      199

 

11      St Marys Development Committee - Dissolution                                                           202

 

Outcome 7 - We have confidence in our Council

 

12      Audit Committee                                                                                                            207

 

13      Council Property - Easement for Stormwater Drainage over Lot 92 DP 28389, 245 Desborough Rd, St Marys                                                                                                                  211

 

14      2013-14 Borrowing Program                                                                                          215

 

15      Impact of repeal of Carbon Price                                                                                   218

 

16      Nomination for the Greater Blue Mountains World Heritage Area Advisory Committee 222

 

17      Transport for NSW - Rail Substation Project - Licence of Council Land                      224

 

18      Summary of Investments & Banking for the period 1 February to 28 February 2014 229

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        International Relations Program 2014                                                                                1

 

 



Ordinary Meeting                                                                                                 24 March 2014

 

 

 

1

International Relations Program 2014   

 

Compiled by:               Colin Dickson, Marketing & Events Co-ordinator

Authorised by:            Barbara Magee, Manager - Corporate Communications & Marketing  

 

Outcome

We can work close to home

Strategy

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

Service Activity

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

       

 

Executive Summary

This report advises Council that an invitation has been received from the Mayor of Kunshan, People’s Republic of China to the Mayor of Penrith to attend the China Import Expo in Kunshan in May 2014.

 

The Mayor has also received an invitation from the Mayor of Fujieda City in Japan to attend 30th anniversary celebrations of the signing of the sister city agreement between Penrith and Fujieda, and the 60th anniversary of Fujieda becoming a municipality on 3 November this year.

 

It is recommended that the Mayor join a business delegation (arranged by the Penrith Business Alliance) to Kunshan in May.  It is also recommended that the Mayor accept an invitation along with the Chairperson of the Penrith International Friendship Committee to represent Council at the anniversary celebrations in Fujieda in November 2014.

Background

Kunshan

Penrith City has a Friendship City relationship with Kunshan, People’s Republic of China. The two cities commemorated the 10th anniversary of this relationship in 2013.

 

As a result of the relationship between the two cities the Mayor has received an invitation to attend the 2014 China Import Expo held in Kunshan. This event promotes business and economic opportunities in Kunshan. Attendance at the Expo also provides the opportunity for Penrith delegates to network with other participants.

 

Fujieda

A sister city agreement, signed in November 1984, between Fujieda City Japan and Penrith City is our longest standing international relationship. In 30 years the relationship and friendship have continued to strengthen, enhanced by a wide range of cultural, educational and sporting activities.

 

The most successful and enduring program, run for the last 26 years, has been the annual student exchange program. This program has given more than 250 local students a once-in-a-lifetime opportunity to experience a different lifestyle and culture.

 

Instrumental in the success of this program has been the Penrith International Friendship Committee, a delegated committee of Council. This Committee significantly contributes to Council’s international program and they have played a key role in the development of programs and activities, particularly with Fujieda.

 

Current Situation

Kunshan

The Mayor has received an invitation from Lu Jun, Mayor of Kunshan Municipal Government, People’s Republic of China to attend the China Import Expo in Kunshan from 14-17 May 2014.

 

In addition, Mr Paul Brennan, Chairman of the Penrith Business Alliance (PBA) has also received an invitation from the Mayor of Kunshan for the PBA to participate in the China Import Expo. The invitation is extended to Penrith businesses.

 

Mr Brennan advised that a business delegation led by the PBA attended the inaugural Expo in 2012 and it was pleasing to see the Mayor of Kunshan recognise the value of building business to business relations between the two cities.

 

Mr Brennan has advised it would be beneficial for the Mayor to attend the Expo to facilitate discussions at the highest levels of government and business while the delegation is in Kunshan.

 

A number of high profile businesses and institutions will be approached by the PBA to participate in this delegation including Western Sydney Institute of TAFE, University of Western Sydney, Panthers and Sydney University, Nepean. Businesses would participate in this delegation at their own cost.

 

The PBA is very keen to explore foreign investor interest and a number of other key development opportunities especially on the back of the Commonwealth “Significant Investor Visa” (SIV) program. Through this program foreigners can receive permanent resident status by investing $5 million in approved projects of which $1.5 million needs to be invested in the State’s waratah bonds.

 

A number of strategic projects to benefit both cities may be progressed including a Memorandum of Understanding (MOU) signed by both Mayors to establish a working partnership between Council/PBA and the Kunshan Municipal Government.

 

Fujieda

November 2014 not only marks the 30th anniversary of the signing of the sister city agreement with Fujieda but also marks the 60th anniversary of Fujieda becoming a municipality, a significant milestone in the City’s history.

 

As a result of the strong friendship between the two cities, Shohei Kitamura, Mayor of Fujieda City has extended an invitation to the Mayor of Penrith and a delegation from Penrith City to join in commemorative ceremonies being held to celebrate these two significant milestones.

 

Due to the significance of this occasion and taking into account the length of the relationship between the two cities it is important for Council to have a presence at these anniversary celebrations.

 

The Penrith International Friendship Committee is planning to send their own community delegation to participate in the 30th anniversary celebrations in Fujieda. Members of this community delegation will be travelling to Fujieda at their own expense.

 

Conclusion

Fostering Council’s international partnerships are important to the growing recognition of Penrith as a significant regional city.

 

Funding is available in Council’s budget to undertake these visits to further Council’s international relationships.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on International Relations Program 2014 be received.

2.     The Mayor of Penrith along with two nominated Council officers accept the    invitation from the Mayor of Kunshan, People’s Republic of China to               attend the China Import Expo in May 2014.

3.     The Mayor of Penrith and the Chairperson of the Penrith International Friendship Committee, along with a nominated Council officer, accept the invitation from the Mayor of Fujieda to attend the anniversary celebrations in Fujieda on 3 November 2014.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Concept Plan for Precinct F of Glenmore Park Stage 2 and Development Application DA13/1359 for Torrens Title Subdivision x 37 Residential Lots, 1 Residue Lot and Public Roads at Lot 2 DP 541090, (No. 34 - 60) Bradley Street, Glenmore Park Applicant: CCL Development Pty Ltd;  Owner: Mint Holdings

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                       7

 

3        Fernhill Estate Events - Development Application DA13/1402 for Use of Site as a Function Centre for no more than 14 days within a 6 month period at 1041 -1187 Mulgoa Road, Mulgoa Applicant: Simon Tripp;  Owner: Angus Securities (mortgage in possession)

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     20

 

4        Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa Applicant: Simon and Brenda Tripp;  Owner: Angas Securities (mortage in possession)                                                                         57

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

 

5        Section 96(1A) Application DA12/0961.01 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith Applicant: John & Helen Wakeling;  Owner: Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                     89

 

6        DA13/0288.01 Proposed Section 82A application for review of determination - proposed subdivision into 21 residential allotments, road construction and dedication of Bio-retention Basin. DA12/0786.02 Section 96 Application to modify the boundary of an approved two lot subdivision and amend condition 6 (c) of the consent regarding vegetation matters at Lot 1 DP1144668 (No. 86-94) Andromeda Drive, Cranebrook Applicant: Whelans Insites Pty Ltd;  Owner: Trustees Roman Catholic Church

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                   131

 

 



Ordinary Meeting                                                                                                 24 March 2014

 

 

 

2

Concept Plan for Precinct F of Glenmore Park Stage 2 and Development Application DA13/1359 for Torrens Title Subdivision x 37 Residential Lots, 1 Residue Lot and Public Roads at Lot 2 DP 541090, (No. 34 - 60) Bradley Street, Glenmore Park  Applicant:  CCL Development Pty Ltd;  Owner:  Mint Holdings    

 

Compiled by:               Pukar Pradhan, Senior Environmental Planner

Authorised by:            Julie Condon, Acting 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

Penrith Development Control Plan 2006 requires that for Glenmore Park Stage 2, a concept plan setting out proposals for the development of a precinct be lodged and approved by Council prior to, or with, the first subdivision development application for each precinct.

 

Council has now received a concept plan for Precinct F of the Glenmore Park Stage 2 release area. The concept plan was submitted along with the lodgement of the first stage subdivision development application for the precinct. The concept plan is the fourth lodged for the release area, with concept plans previously endorsed for Precinct A & B lands (Glenmore Ridge) and Precincts C, D & E (Mulgoa Rise). This concept plan will provide guidance for the future development of Precinct F. The concept plan also aims to demonstrate that the critical elements contained within the Development Control Plan (DCP) can be achieved.

 

The concept plan has been examined by Council’s Urban Design Review Panel and found to be consistent with the relevant criteria in Section 6.44 of Penrith Development Control Plan 2006. It is recommended that the concept plan for Precinct F be adopted by Council.

 

The Development Application seeks approval to subdivide part of the precinct to create 37 residential lots, 1 residue lot and public roads in accordance with the concept plan.

 

The application has been assessed in detail and found to be generally in accordance with Penrith Local Environmental Plan (Glenmore Park - Stage 2) 2009 and Penrith Development Control Plan 2006. The application for subdivision however, cannot be determined until such time as certification is received from the Director General of the Department of Planning and Infrastructure indicating that satisfactory arrangements for state public infrastructure are in place, and this is yet to be received.

 

This report therefore seeks Council’s endorsement for the proposed Concept Plan for Precinct F to be adopted and the subdivision application to be determined under delegated authority upon receipt of Director General’s Certification.

 

Site and Surrounds

The Glenmore Park Stage 2 Release Area is situated on part of the land previously utilised by Mulgoa Quarries as an extractive industry. The majority of the release area has been disturbed in the past through the operations of the old clay/shale mining site. The exception to this is the eastern fringe and southern portion of the release area which has been used predominantly for agricultural purposes in the past.

 

The Glenmore Park Stage 2 release area comprises eight (8) development precincts, identified alphabetically as precincts A-H. The release area is bordered by Ridgetop Drive, Rosecrea Court, Parakeet Grove, and Mulgoa Nature Reserve to the north, Mulgoa landfill and Mulgoa Nature Reserve to the west, rural properties to the south and east, with The Northern Road approximately 300m from the eastern boundary of the release area.

 

Precinct F has a total land area of approximately 10 hectares located in the south-eastern portion of the Glenmore Park Stage 2 release area and to the south of Bradley Street.  Stage 1 occupies an area of approximately 2.50 hectares. 

 

Precinct F is zoned for urban purposes, with a large part of the southern-western area being allocated for a biodiversity open space corridor.  A  Precinct F Locality Plan is provided at Appendix No. 1 and the Glenmore Park Stage 2 Precinct Plan is provided at Appendix No.2.

 

Background

The Glenmore Park Southern Expansion release area was endorsed by the NSW Government for inclusion in the Metropolitan Development Program in 2002, with the Minister for Planning declaring the study area as a release area in July 2003 and naming the area as Glenmore Park Stage 2. After this process, Council engaged EDAW Pty Ltd to prepare a detailed Local Environmental Study (LES) relating to the release area to enable Council to prepare a detailed Local Environmental Plan (LEP) for the area. The LES incorporated nine key (9) key elements, including:

 

1.   Biodiversity;

2.   Environmental Analysis;

3.   Bushfire Management;

4.   Culture and Heritage;

5.   Visual Environment;

6.   Connectivity and Accessibility;

7.   Physical Infrastructure;

8.   Economy and Employment;

9.   Social and Community Services.

 

These studies provided direction in Council’s preparation of a comprehensive LEP for the release area. Considerable work was undertaken by Council planners with a draft LEP, DCP and Development Contributions Plan being publicly exhibited and adopted for the release area.  A Planning Agreement between Council and the various landowners for contributions towards affordable housing and employment was also negotiated and adopted on 5 November 2007. The Planning Agreement also provided for the completion of trunk drainage works and the completion of substantial revegetation within the biodiversity corridor by the landowners group. 

 

 

Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009 was gazetted on 8 May 2009, and concurrently Section 6.44 of Penrith Development Control Plan 2006 (Glenmore Park Stage 2) came into force. The LEP rezoned 225 hectares of land to permit a range of urban, commercial, conservation and recreational uses.

 

A second Planning Agreement between Council and the various landowners was later made on 6 November 2012 which makes provision for:

 

·    monetary contributions towards affordable housing and employment;

·    the dedication of land for biodiversity conservation;

·    works in kind for trunk drainage; and

·    Biodiversity corridor planting within the release area.  

 

On 16 September 2013, Council was briefed on the Concept Plan and tentative subdivision layout of Precinct F. The applicant has now prepared and submitted a final Concept Plan for Precinct F and a subdivision plan for Stage 1 within Precinct F. The proposed Stage 1 plan of subdivision is included as Appendix No 3.

 

The Proposal

The concept plan serves as a guide for development of the precinct and as such it is a broad brush approach to the indicative layout of the precinct.  A copy of the concept plan for Precinct F is provided as Appendix No.4.

 

The requirement for the submission of a concept plan for the precincts in the release area stems from the provisions of Section 6.44 of Penrith Development Control Plan 2006. Section 1.9 of the DCP outlines:

 

A Concept Plan setting out proposals for the development of each precinct or site is required to be lodged and approved by Council prior to, or with, the first subdivision development application for each precinct.

 

A Concept Plan shall demonstrate:

·     Proposed urban structure and public domain elements, including Landscape Masterplan

·     Delivery of required dwelling yield and diversity targets set out in Table 1

·     Distribution of lot types and housing forms to suit a variety of lifestyles, household types and financial capacities

·     Road hierarchy, sections and details

·     The location and design of open space networks

·     The location of pedestrian and cycle paths

·     The Northern Road viewshed analyses where required

·     Development Staging

·     Infrastructure Delivery Strategy.

 

 

The Concept Plan has been prepared based on the urban design principles established for the release area and the development outcomes that are present within Glenmore Park.  The Plan shows a variety of subdivision layout, road layout plan, landscaping plan and open space corridor for lots in the Precinct F.

 

The main access to Precinct F is proposed by two local roads extending south from the existing two roundabout intersections on Bradley Street opposite Glenmore Ridge Drive to the west and Glengarry Drive to the east. It incorporates a road edge along the riparian corridor and local roads with traditional frontages, some lots off accessways and roads terminating in cul-de-sacs or T-turning heads. The precinct incorporates two “residue” lots with a rural zoning which are identified as potential single dwelling sites. An existing water body is proposed to be retained within the riparian corridor as a water feature. Medium density development in the form of apartments or terraces is proposed in the north-west corner of the site adjoining Bradley Street and the riparian corridor with a mix of built to boundary and detached dwellings for the remainder of the precinct.

 

Each element required to be detailed in the concept plan is now discussed in turn.

 

1. Proposed urban structure and public domain elements, including Landscape Masterplan

The urban structure is clearly defined in the documentation submitted, and also provides detail on the public domain elements - most significantly in relation to the active open space area and smaller Local Park.  Most of these have been provided within the other precincts in accordance with the DCP. This precinct provides a continuation of the bio-diversity corridor from the other precinct and is to be located along the south-western part of the Mint site. The location and design of open space networks will be addressed further in this report.

 

The landscape masterplan submitted provides the indicative street landscaping elements, landscaping with the bio-diversity open space corridor and landscaping around a proposed play area. Landscape Plan is included in Appendix No. 4.

 

Discussions were held with Council’s Landscape Architect who has found that the landscape concept acknowledges the natural features and associated constraints of the land and also provides an appropriate design response to these features. Detail on final street tree species selection will be established at the development application stage.

 

2. Delivery of required dwelling yield and diversity targets set out in Table 1

Table 1 is located in Section 2.5 of the DCP, and provides for the minimum delivery of different dwelling types within the precinct. The concept plan submitted for consideration provides detail on the lot mix and lot layout, with the dwelling yield and diversity numbers summarised. The table below provides a summary of dwelling types and details whether there is a combined net deficit or surplus of dwelling types, measured against the DCP, across precinct F:

 


 

Table 1: Dwelling Types and Lot Yield Diversity

Precinct

F

Apartments and Studios

Terraces / Live-Works and

Semi- Detached

Built to Boundary

Detached

Precinct Total

DCP

4

20

30

46

100

Concept Plan

3-45

9-24

43-57

40

109-152

Deficit/Surplus

-1 to + 41

-11 to + 4

+13 to 27

-6

+ 9 to + 52

 

It can be seen from the tables above that the required dwelling yield is achieved, with a total of over 100 dwellings to be delivered, which is 9 to 52 dwellings in excess of the required DCP yield. The proponent has outlined that the most appropriate means of considering the concept plan is to combine the diversity numbers across all of the precincts.

 

As can be seen from the table, there is greater number of built to boundary dwellings, with larger lots located in the south-eastern portion of the site to provide an area of transition between developed land and existing rural land. The proponent has indicated that Precinct F generally achieves the underlying objectives of the DCP. A summary of the design principles conveyed by the applicant are outlined below:

 

·    Provide an intimate entry from the existing Bradley Street round-a-bout into the site to achieve an iconic ‘arrival’ experience which terminates at the existing water feature, Surveyor’s Creek Corridor,

·    Provide housing densities which transition from the semi-rural interface to higher density living adjacent to Bradley Street,

·    A varied lot mix has been provided along the Bradley Street boundary of the precinct to provide diversity in housing forms and achieve an activated street edge.

·    The precinct concept plans respond to the site topography by aligning roadways in a manner which reduces the need for cut and fill works associated with roadway grading works.

·    This design will ensure a low speed, pedestrian friendly environment as well as maximising the key vista between Stage 1, the entry point from Bradley Street and the open space corridor to the south-west.

·    Precinct F provides a larger number of built to boundary lots and less terrace/semi detached lots as a result of consultation with builders, real estate agents and potential purchasers.

 

The DCP provides the following objectives and performance measures relating to dwelling diversity:

 

Objectives

 

·    To promote diverse housing forms that meet the increasingly diverse demands of the local community;

·    To ensure affordable housing strategies for the release area are achieved;

 

Performance Measures

 

These objectives may be achieved where:

 

·    Diverse housing forms are provided within precincts and across the overall development area.

 

There is a monetary contribution payable by the proponent towards the provision of affordable housing as part of a planning agreement with Council.

 

The proposed Concept Plan was examined by Council’s Strategic Planning team and they have acknowledged that the proposed lot mix differs from the DCP prescribed lot mix in the provision of a greater number of built to boundary lots and less terrace/semi-detached lots. Despite this, the proposed lot mix still achieves the relevant objectives, ensuring diversity of housing within GP2.

 

When viewed holistically Precinct F provides a diversity of housing types, with the distribution across the other precincts giving consideration to site constraints and locating higher densities in those areas with greatest amenity.

 

It must also be recognised that the development controls relating to dwelling diversity within the DCP state ‘development achieves indicative housing type numbers identified for each precinct at Table 1. The proposed lot layout and mix is generally consistent with the DCP and incorporates a variety of allotment sizes and housing options.  Therefore the proposed dwelling mix meets the objectives of the DCP and the proposed Concept Plan is recommended for approval.

 

3. Distribution of lot types and housing forms to suit a variety of lifestyle, households types, and financial capacities

This element is interrelated with the delivery of the required lot yield and diversity discussed previously. The proponent has demonstrated that the diversity of lot sizes and built forms is able to suit a variety of lifestyle, household types and financial capacities. Council’s Urban Design Review Panel has assessed the proposed ‘medium density’ site in the north west corner to be appropriately located and encourages a three storey height at this location which the concept plan provides for. An integrated two storey scale was found to be an acceptable design solution for the remainder of the Bradley Street frontage to the east.

 

4. Road hierarchy, sections and details

The concept plan outlines the proposed road hierarchy, sections for the road and details on the other minor local roads. The proponent has outlined that the precinct will generally adopt the road dimensions for local roads, minor local roads, several laneways.

 

The road network was examined by Council’s Development Engineers and Strategic Planning team. They have advised that:

 

The road layout incorporates a central link road with several cul-de-sacs

connecting off this roadway in the south-eastern corner of the Precinct. While

Cul-de-sacs are generally discouraged within GP2, they can be considered where their use is justified. The proponent has argued within the Concept Plan that due to the characteristics and topography of the site, cul-de-sacs are required to avoid steep intersections and excessive earthworks.

 

The vision for the site, as stated within the Concept Plan is to “create a high quality

intimate neighbourhood that responds to the landscape features of the site and fosters a sense of community”. The proposed road layout would enforce a low speed, pedestrian friendly streetscape that would promote casual social interaction among neighbours and minimise the negative impacts of through traffic consistent with the objectives of the DCP. Precinct F is one of the final stages of the GP2 release area and given its location within the context of GP2 as a whole, cul-de-sacs provide a logical end point to roads. Replacing the cul-de-sacs with a link road would result in an urbanised direct street frontage for the adjoining rural lands and detract from the character of the precinct.

 

The proposed road design and layout is therefore generally in accordance with the objectives of the DCP.

 

The detail on these roads will be considered with the development applications of the various stages.  The details submitted in relation to the road hierarchy, sections and details are sufficient at concept stage. The proposed road design and layout is therefore generally in accordance with the objectives of the DCP.

 

Council’s Urban Design Review Panel supported cul-de-sacs terminating the southern end of the precinct only on the basis that  a dwelling is permissible on the “residue” lots to provide for an appropriately fenced urban interface and a transition to the rural land further south. Concern was raised about the length of cul-de-sacs and nature of some battleaxe allotments proposed off them. These matters can be dealt with in determining the subsequent development applications for those stages.

 

5. The location and design of open space networks

The concept plan submitted provides detail on the location and design of the bio-diversity corridor which is part of the overall open space networks. The area that is allocated as a part of the bio-diversity corridor is located at the south-western part of the Mint site.

 

A stormwater basin is provided within the open space area which will be useable as part of an active open space, similar to the other existing open space areas in Glenmore Park. The location of the open space elements is consistent with the provisions of the DCP.

 

The indicative layout of the active open space area is consistent with the location identified in the DCP.  The concept plan indicates that all the relevant elements of the open space area can be provided.

 

6. The location of pedestrian and cycle paths

The concept plan submitted contains documentation showing the location of pedestrian and cyclist paths/routes. These pathways are located along the perimeters of the open space corridor. The location and type of both pedestrian and cycle paths remains generally consistent with the provisions of the DCP and will enable linkages to other precincts within the release area and in particular to Precinct E and later to Precinct H.

 

The DCP requires that where a shared pedestrian/cyclist path is provided the width of the road reserve is 2.5m pathway. The proponent has shown that these pathways are 2.5m wide consistent with the DCP. There are a substantial number of trees scattered within the open space corridor and around the proposed play area, however there are minimal opportunities for landscape plantings along some of the pathways due to the provision of a 1m verge. It is however noted that there is adequate space for substantial tree plantings on the eastern side of the pathway and this is something that may be necessary to be addressed at subdivision DA stage. The current design approach is generally consistent with relevant performance measure of the DCP.

 

The Precinct Plan and the street design clearly indicate that there will be row of trees planted along both sides of the street. This will provide adequate street landscaping to enhance the appearance of the street and pedestrian environment, including providing protection from the sun.  The DCP provides for a wider verge that is able to achieve substantial street tree planting on the northern side of the shared pathway that will provide a degree of shading in the summer months. The Concept Plan hence achieves DCP compliance.

 

An extract of the proposed pedestrian pathway for the new release area is included in Appendix No.4.

 

8. The Northern Road viewshed analysed where required.

The provisions of Section 3.1.6 identify those areas within the release area that have potential to adversely impact on the existing viewshed from The Northern Road towards the Blue Mountains. Precinct F is identified as an area where a viewshed analysis is required.

 

The objectives of The Northern Road viewshed are:

 

·    To conserve the important local viewshed from The Northern Road as identified at Figure 7;

·    To ensure that development in Glenmore Park Stage 2 is not visible from The Northern Road.

 

These objectives can be achieved where:

 

·    Built forms (including outbuildings, fences and other structures) are located below the level of the ridge that extends along the southern and eastern perimeter of the site.

·    Built forms do not adversely impact upon the existing rural landscape character as viewed from The Northern Road and its viewshed.

·    Urban infrastructure such as street lighting and other structures do not adversely impact upon the existing rural landscape character as viewed from The Northern Road and its viewshed.

 

The application is therefore supported by a viewshed analysis and longitudinal section of the site to the Northern Road.  The applicant states that the Concept Plan:

 

·    Minimises the extent of earthworks and mounding required to screen houses and street light from The Northern Road which allows suitable setbacks from the property boundaries to the rear setback of dwellings.

·    Allows the roadways and residential dwellings to be able to be constructed at the lowest possible level to reduce visibility from the Northern Road to ensure a good urban design response.

·    Allows for adequate rear setback of dwellings which will assist in minimising the visual impact of the development from The Northern Road.

·    Allows for continuous landscape planting of local species along the ridge line to assist in adequately screen the viewshed,

·    The design allows the proposal to retain a large “semi rural’ allotment along The Northern Road viewshed interface minimising the visual impact of the development.

 

After examining the plans and submission it is concluded that the proposal adequately responds to the above requirements and is consistent with the DCP.

 

9. Development Staging

The concept plan, through the lot mix and layout, provides detail on the staging of the precinct. The detail provided is sufficient at concept stage, and gives an indication on the delivery staging of the precinct which is logical with regard to infrastructure extension and earthworks (see below).

 

10. Infrastructure Delivery Strategy

The concept plan outlines the location and types of infrastructure required to service the precinct, in terms of initial lot creation through to the servicing of individual dwellings.

 

Conclusion

The concept plan submitted satisfies the provisions of Section 6.44 contained within Penrith Development Control Plan 2006 for Glenmore Park Stage 2 and adequately responds to the assessment of Council’s Urban Design Review Panel. The plan provides direction to the future development of the precinct and gives Council comfort that the relevant provisions of the DCP are able to be achieved. It has been established as part of this assessment that the concept plan is worthy of Council’s endorsement.

 

The current subdivision development application is consistent with the DCP and concept plan. It is recommended that it be determined under delegated authority when the certification is received from the Director General indicating that satisfactory arrangements for the provision of state public infrastructure are in place.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Concept Plan for Precinct F of Glenmore Park Stage 2 and Development Application DA13/1359 for Torrens Title Subdivision x 37 Residential Lots, 1 Residue Lot and Public Roads at Lot 2 DP 541090, (No. 34 - 60) Bradley Street, Glenmore Park be received.

2.     The Glenmore Park Stage 2 Precinct F Concept Plan be endorsed and adopted by Council.

3.     DA13/1359 for the subdivision to create 37 Torrens title Lots, 1 Residue Lot and Public Roads at 34-60 Bradley Street, Glenmore Park be determined under delegated authority upon receipt of Director General’s Certification. 

 

ATTACHMENTS/APPENDICES

1. View

DA13/1359 Stage 1 Subdivision Precinct F

1 Page

Appendix

2. View

DA13/1359 Glenmore Park Stage 2 Precinct Plan

1 Page

Appendix

3. View

DA13/1359 Stage 1 Plan of Subdivision

1 Page

Appendix

4. View

DA13/1359 Precinct F Concept Plan

24 Pages

Attachment

  


Ordinary Meeting                                                                                                                24 March 2014

Appendix 1 - DA13/1359 Stage 1 Subdivision Precinct F

 

PDF Creator


Ordinary Meeting                                                                                                                24 March 2014

Appendix 2 - DA13/1359 Glenmore Park Stage 2 Precinct Plan

 

PDF Creator


Ordinary Meeting                                                                                                                24 March 2014

Appendix 3 - DA13/1359 Stage 1 Plan of Subdivision

 

PDF Creator


Ordinary Meeting                                                                                                 24 March 2014

 

 

 

3

Fernhill Estate Events - Development Application DA13/1402 for Use of Site as a Function Centre for no more than 14 days within a 6 month period at 1041 -1187 Mulgoa Road, Mulgoa  Applicant:  Simon Tripp;  Owner:  Angus Securities (mortgage in possession)    

 

Compiled by:               Paul Lemm, Development Services Manager

Authorised by:            Wayne Mitchell, Executive Manager - Environment & City Development   

 

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 from Simon Tripp, which seeks approval for the purpose of using the site as a Function Centre for no more than 14 days within a 6 month period at 1041 – 1187 Mulgoa Road, Mulgoa.

The proposal involves the use of the existing buildings and temporary structures to facilitate the Function Centre.

The Development Application was not submitted as an integrated application and a separate Section 60 application was submitted to the Heritage Council of New South Wales. The subject site is zoned E2 Environmental Conservation and E3 Environmental Management under Penrith Local Environmental Plan (LEP) 2010. The proposed temporary use is defined as a Function Centre and is permissible on the site as a temporary use in accordance with Clause 2.8 of Penrith Local Environmental Plan 2010.

In response to advertisements in the local papers, widespread notification to residents within a 2km radius of the development site and public exhibition of the application, a total of seven (7) submissions were received. The submissions raised concerns regarding noise impacts, provision of a noise management plan, traffic, provision of a third driveway entrance, use of funds generated from the events, use of the heritage provisions within the LEP, site suitability, request for a public meeting, incidents of separate weddings being held on the site and future development of the site. The concerns raised in those submissions are addressed in this report.

The assessment of the application has revealed some challenges with the application, which will be discussed throughout this report.  A number of the issues raised within the submissions are considered to be relevant, particularly in relation to maintaining the amenity of the existing dwellings within the Mulgoa Valley.

Through the implementation of appropriate conditions the application can be recommended for approval.

Site and Surrounds

The subject site is situated on the western side of Mulgoa Road, between Mayfair Road to north and Fairlight Road to the south. It is approximately 700 hectares in area and is characterised by predominantly a rural landscape and comprises creek flats, gently sloping agricultural land, wooded hills and escarpment areas. The Blue Mountains National Park and Nepean River are located to the rear of the site.

The site has been identified as a State Significant Heritage Item, with the main residence (single storey ashlar sandstone house) being completed in 1845. Various structures are located on the site in addition to the main residence including the stables and coach house, swimming pool, winery ruin, stone bridges, sheds, dams and rural fencing. The remnants of a horse track area are also located on the site.

The surrounding area is characterised by modest sized dwellings on large rural allotments, with smaller residential lots and associated dwellings located within the adjoining Mulgoa Village area. The Blue Mountains National Park provides a backdrop for the locality.

The major roads in close proximity to the site include Mulgoa Road and The Northern Road.  Mulgoa Road is aligned in a northsouth direction and runs adjacent to the eastern boundary of the site, with The Northern Road located further east.  Both roads provide major northsouth links between Penrith and other Western Sydney suburbs and the M4 Motorway to the north with Campbelltown, Camden and other regional towns and centres southwest of Sydney, including the M5 Motorway/Hume Highway.

Mulgoa Road has a posted speed limit of 80km/h in the vicinity of the site reducing to 60km/h south of the site access in the township of Mulgoa.  Mulgoa Road carries approximately 7,100 vehicles per day.

A Locality Plan is provided at Appendix 1 to this report.

Background

Fernhill Estate has been the subject of a two (2) Development Applications relating to the temporary use of the site, including:

-        DA 12/1380: Use of the site for an Athletic Endurance Event (Tough Mudder) on 12 & 13 April 2013.

-        DA13/0863: Use of the site for a Picnic Races Event on 9 November 2013.

Council is currently considering four (4) Development Applications relating to the temporary and ongoing use of the site, including:

-        DA13/1279: Use of the existing and temporary for the purposes of a Function Centre for a 3 year period.

-        DA13/1503: Consolidation, subdivision of the site into 54 allotments, equestrian centre and events.

-        DA13/1505: Use of the site to conduct a Symphony Concert Event, to be held on 11 May 2014.

As a part of the assessment of current and previously determined Development Applications, along with compliance action regarding a number of matters, the following has been established:

-        The Great Hall and the main on-site sewerage management system which are being utilised to facilitate the proposal were constructed by the previous occupants without Council consent.

-        The temporary amenities building, kitchen and sewerage tanks adjoining Hay Shed were installed by the current occupants without Council consent.

-        The temporary amenity building adjoining the Great Hall was installed by the current occupants without Council consent.

The Proposed Development

The proposed development, as advertised, comprises the following:

a)       Use of the land for a function centre for 14 days within a six month period.

b)      Functions to be held at within the Great Hall and Hayshed in association with temporary marquees including weddings, corporate lunches and dinners and other private functions.

c)       The erection of temporary marquee in association with the use of Great Hall and Hay Shed as function spaces.

d)      Functions to be held will have a maximum capacity of 300 people.

e)       Temporary structures required as a part of the use of the functions spaces includes amenities buildings, kitchen, coolroom and sewerage storage tanks. Food preparation will be undertaken off-site with food only being reheated onsite, when required.

f)       On-site parking will be provided, with 140 spaces available near the Great Hall and the Hay Shed.

g)      The hours of operation relating to the functions will be as follows:

-        Morning Functions: 7am to 12 noon

-        Morning Tea: 10am to 2pm

-        Lunch Functions: 12noon to 3pm

-        Evening Functions: 4.30pm to 11.00pm

-        Corporate Functions: 8.30am to 6.00pm.

It is noted that the Development Application, as exhibited, included the use of the Ballroom within the existing dwelling. This area has subsequently been excised from the proposal.

Clarification has been provided by the applicant detailing that the functions will be shared by the two venues, being the Great Hall and the Hayshed with up to a maximum of seven (7) days of use within the each area of the site.

Architectural Plans are provided at Appendix 2 to this report.

Planning Assessment

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, with due regard to relevant legislation and planning instruments: -

•        Heritage Act 1977

•        Sydney Regional Environmental Plan No. 20 – Hawkesbury / Nepean River

•        State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

•        State Environmental Planning Policy (Infrastructure) 2007

•        Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

•        Penrith Local Environmental Plan 2010

•        Penrith Development Control Plan 2010

Having regard to the above legislation, planning instruments and policies, the following key issues have been identified for discussion.

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

Heritage Act 1977

The subject site is identified as a State Significant Item under the Heritage Act 1977 and is also listed on the Register of the National Estate and National Trust Register.

Section 57 of the Heritage Act states:

(1)     When an interim heritage order or listing on the State Heritage Register applies to a place, building, work, relic, moveable object, precinct, or land, a person must not do any of the following things except in pursuance of an approval granted by the approval body under Subdivision 1 of Division 3:

(a)     demolish the building or work,

(b)     damage or despoil the place, precinct or land, or any part of the place, precinct or land,

(c)     move, damage or destroy the relic or moveable object,

(d)     excavate any land for the purpose of exposing or moving the relic,

(e)     carry out any development in relation to the land on which the building, work or relic is situated, the land that comprises the place, or land within the precinct,

(f)      alter the building, work, relic or moveable object,

(g)     display any notice or advertisement on the place, building, work, relic, moveable object or land, or in the precinct,

(h)     damage or destroy any tree or other vegetation on or remove any tree or other vegetation from the place, precinct or land.

A separate application under Section 60 of the Heritage Act was submitted directly to the Office of Heritage and Environment. General terms of approval were issued on 28 February 2014 and will be attached to the development consent should approval be issued.

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

Sydney REP No. 20 integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment. The plan applies to all parts of the catchment in the Sydney region (15 local government areas), except for land covered by Sydney REP No. 11 - Penrith Lakes Scheme. The REP is supported by an Action Plan, which includes actions necessary to improve existing conditions.

The proposed development is in accordance with the general planning considerations set out in Clause 5 of the REP and the relevant specific planning policies and related recommended strategies set out in Clause 6.

Disturbance of the site is limited to the installation of the temporary marquees, kitchen, coolrooms, bathrooms and the parking of cars in association with the events, with the location of these area being such that the use of the site will not impact on the existing creeks and waterbodies located on the site.

Erosion and sediment control measures are to be installed within the car parking area to protect the existing waterways within the site (refer to Recommended Condition 2.37).

State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

The relevant aims of this Policy are:

(a)     to ensure that suitable provision is made for ensuring the safety of persons using temporary structures,

(b)     to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by (among other things) managing noise, parking and traffic impacts and ensuring heritage protection,

(c)     to specify the circumstances in which the erection and use of temporary structures are complying development or exempt development,

It is considered that the temporary use of the site as a function centre, as proposed and subject to the conditions recommended is able to satisfy the aims of the Policy.

Clause 12 of the SEPP states that:

Before granting consent to the erection of a temporary structure, the consent authority must consider the following matters:

a)      whether the number of persons who may use the structure at any one time should be limited.

Comment: The maximum number of patrons permitted within any part of the temporary structures to be used as part of the Function Centre is to be clearly displayed in a prominent position on each structure used (refer to Recommended Conditions 2.11).

b)      any adverse impact on persons in the vicinity of any noise likely to be caused by the erection or use of the structure and any proposed measures for limiting the impact.

Comment: Conditions of consent are recommended to require that the noise activities be managed and controlled to ensure inappropriate noise levels do not occur for an unreasonable period. Refer to the later discussion in this report regarding the likely impacts of the development and to Recommended Conditions 2.31 – 2.35.

c)       whether the hours during which the structure is used should be limited.

Comment: The proposed hours of operation are acceptable (as detailed in the Statement of Environmental Effects) provided noise limits are monitored and maintained.

A community contact hotline is also required to be provided so that any concerns regarding noise generation can be addressed immediately (refer to Recommended Conditions 2.35).

d)      any parking or traffic impacts likely to be caused by the erection of the structure or its proposed use.

Comment: The impacts on the operational performance of the surrounding road networks are satisfactory given the limited number of people attending the site for a function. Refer to the discussion later in this report regarding the likely impacts of the development.

e)       the principles for minimising crime risk set out in Part B of the Crime Prevention Guidelines.

Comment: Issues of surveillance, access control, territorial reinforcement and space management are to be managed through security controls and limited access to the function areas. A Security Planning Document is required to be prepared, which will be distributed to relevant stakeholders prior to the event occurring on the site.

f)       whether the proposed location of the structure is satisfactory in the distance of the structure from public roads and property boundaries and in vehicular and pedestrian access.

Comment:  The areas of the site to be utilised for functions are well setback from the adjoining residential properties. 

Vehicular access to the site is supported by the Roads and Maritime Service and extensive parking areas have been provided on site appropriately located in relation to the Function Areas.

g)      whether it is necessary to provide toilets and washbasins in association with the use of the structure.

Comment:  The existing sewerage system located on the site does not have the capacity of accommodating for people attending the functions. Temporary amenities will be available to the patrons of the functions and serviced regularly.

h)      whether the structure is proposed to be erected on land that comprises, or on which there is:

i)       an item of environmental heritage that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977, or

ii)      place, building, work tree, relic or Aboriginal object that is described; as an item of environmental heritage or as a heritage item in another environmental planning instrument, or

iii)     land identified as a heritage conservation area, an archaeological site or place of Aboriginal heritage significance in another environmental planning instrument,

Comment: The site is identified as being a State Significant Heritage Item. A separate Section 60 application was submitted to the Office of Heritage and Environment and General Terms of Approval have been provided.

i)       the duration for which the structure should be permitted to remain on the land concerned.

Comment: The use of the land is for the purpose of a Function Centre is limited to 14 days within a 6 month period.

j)       whether any conditions should be imposed on the granting of consent in relation to the dismantling or removal of the structure in view of any safety issues.

Comment: Council’s Building Surveyor has reviewed the application and provided recommended conditions of consent in regards to the temporary structures (refer to Recommended Conditions 2.06 – 2.07, 2.11).

Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

Fernhill Estate is listed as a State Significant Heritage Item, with the estate being located principally on the first land grant made in the Mulgoa Valley dating back to 1809.

Clause 8 of the Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) relates to the importance of retaining heritage items. It states:

(1)     A person must not, in respect of a building, work, tree, relic or place that is a heritage item:

(a)     demolish or alter the building or work,

(b)     damage or move the relic,

(c)     excavate for the purpose of exposing the relic,

(d)     damage or despoil the place or tree,

(e)     erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or

(f)      damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2)     An applicant for consent required by this clause must lodge with the Council a statement which includes reference to the following matters:

(a)     the significance of the item as a heritage item,

(b)     the extent to which the proposal would affect the heritage significance of the item and its site,

(c)     whether any stylistic, horticultural or archaeological features of the item or its site should be retained,

(d)     whether the item constitutes a danger to the users or occupiers of that item or to the public,

(e)     whether the permanent conservation of the building or work is considered necessary,

(f)      the probability of the building or work being incapable of reasonable or economic use.

(3)     The Council must, in determining an application required by this clause, take into consideration the matters listed in subclause (2).

A heritage impact statement has been submitted with the Development Application detailing the fabric of the heritage listed building. Important landscaping will not be impacted by the proposed development through the use of areas within the site that are not considered to be significant in terms of heritage values.

A separate Section 60 application was submitted to the Office of Heritage and Environment in relation to the use of the site as a Function Centre, which included a heritage impact statement supporting the application. General terms of approval were issued on 28 February 2014 and will be attached to the development consent should approval be issued. (refer to Appendix 4).

 

Penrith Local Environmental Plan 2010

Permissibility

The subject site is partly zoned E2 Environmental Conservation and partly zoned E3 Environmental Management under Penrith Local Environmental Plan 2010. The proposed development is defined as a Function Centre, which is considered to be permissible under the temporary land use provisions of the Penrith Local Environmental Plan 2010.

Clause 2.8 of the Penrith Local Environmental Plan 2010 permits the temporary use of land, and states:

(1)     The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)     Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)     Development consent must not be granted unless the consent authority is satisfied that:

(a)     the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b)     the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c)     the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)     at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)     Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)     Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

The use of the existing buildings and temporary structures located on the site as a Function Centre is considered to be a temporary use of the land, being limited to 14 days within a 6 month period.

A separate Development Application is currently being considered by Council for the use of the site as a function centre for a further three years, utilising Clause 5.10.10 (Heritage Provisions) of the Penrith Local Environmental Plan.  

A rehabilitation plan will be provided and enacted at the completion of the use of the site as a function centre.  

Future development on the site will not be affected by the operation of the temporary land use.

It is noted that Clause 2.8 of Penrith Local Environmental Plan 2010 does not compel the applicant to spend any money generated from conducting the Symphony Concert on the maintenance of the heritage listed buildings or associated landscaping.

It is acknowledged that Development Application 13/1503 relating to the Consolidation, Subdivision of land and ongoing use of the site for events is currently under assessment and due to the complexity of the proposal, will take some time to assess. Therefore use of the temporary land use provisions enables the applicant to generate income in the interim.

LEP and Zones Objectives

The proposed development is consistent with the aims and objectives of both the LEP and the zones itself.

Clause 6.5 – Protection of scenic character and landscape values

The subject land is located within an area identified as being “Land with scenic and landscape values”, as the site is located on a major road, being Mulgoa Road.

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon completion of the use of the site. A rehabilitation plan will be submitted detailing the rectification works to be completed to restore the site back to its original state (refer to Appendix 4 - Heritage Office General Terms of Approval).  It is not envisaged that the development will alter the character of Mulgoa Road.

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

Stage 2 of the Penrith Planning Proposal outlines that;

“..this Planning Proposal addresses the matters that are required to deliver a comprehensive Local Environmental Plan (LEP) for Penrith. The Planning Proposal covers all land within the City of Penrith, excluding land covered by State Environmental Planning Policy (Western Sydney Employment Area) 2009 and deemed State Environmental Planning Policy SREP No. 30 – St Marys. It is intended that the Planning Proposal will evolve and develop as agency and community consultation is undertaken”.

The Penrith Planning Proposal was placed on public exhibition on 13 May 2013 with exhibition finishing on 5 July 2013.

It is noted that the site is zoned under Penrith Local Environmental Plan 2010 and the Penrith Planning Proposal does not alter the current zoning of the site.

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

Penrith Development Control Plan 2010

DCP Objectives

It is considered that the objectives of the DCP have been satisfied.

Penrith Development Control Plan 2010 applies to the land. The proposal has been assessed, having regard to the provisions of Part C – Controls applying to all land uses and Part E, Section E2 – Mulgoa Valley as detailed below.

C2 Vegetation Management

The development site has been identified as containing Cumberland Plain Woodland. An inspection of the site and documentation provided has revealed that the location of the proposed activities are outside the vegetated areas and as such will have no detrimental impact on native vegetation communities.

Council’s Senior Biodiversity Officer considered the proposed development and advised the following:

-        The activities associated with the current Development Application do not proposed to remove any trees or other vegetation.

-        There will be no access or other impact on the wetland areas and associated vegetation within the site.

-        The vegetation in the majority of the area where the activities are proposed is pasture grass. Some native shrubs and grasses are present but are highly modified in condition and impact will be minimal, provided consent conditions are implemented.

Recommended conditions by Council’s Senior Biodiversity Officer relating to tree removal, implementation of erosion controls and protection of existing vegetation on the site have been included within the recommendations of this report (refer to Recommended Conditions 2.36 -  - 2.38).

C3 Water Management

The development site contains a number of water bodies, including creeks of varying sizes and a number of dams. The proposed development does not include any works within or near the dams or water bodies.

The implementation of appropriate erosion and sediment control measures in association with the car parking area will protect the water quality of the existing watercourses located on the site.  Potable water will be transported to the site to ensure the provision of a sufficient and reliable water supply to support the functions. These matters will be reinforced through special conditions (refer to Recommended Conditions 2.26 – 2.27).

C4 Land Management

A rehabilitation plan is to be provided detailing the restoration of the site once the event has been completed to ensure the site is returned to its original state.

The submission of an Erosion and Sediment Control Plan will ensure appropriate measures are implemented during the event to protect the site (refer to Recommended Condition ).

C5 Waste Management

Kitchen, coolroom and bathroom facilities will be transported to the site to support the functions.

Appropriate conditions of consent will be included requiring the provision of adequate waste and recycling facilities for the management of waste generated from the functions and the appropriate disposal of the waste from the site (refer to Recommended Conditions 2.42).

The existing on-site sewerage management systems for the existing dwelling are not considered to be of an operational capacity to support the Function Centre use of the site. Separate toilets and sewerage storage tanks are to be transported to support this use.

The existing temporary toilets will be reconnected to the existing sewerage storage tanks to support the use of the Hay Shed. Additional temporary bathrooms may be required dependant on the capacity of a function with the Hay Shed.

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

Built and Natural Environment

The existing buildings located on the site are to be utilised for the function centre. Temporary structures including, kitchens, coolrooms and bathrooms will be transported to the site to support the use of the Great Hall and Hayshed. Marquees will be constructed to support the use of the Great Hall and Hayshed.

The temporary nature of the proposed development includes the installation of various temporary structures which will be removed upon completion of the use of the site.

The site has been identified as being bushfire prone land, the use of the existing Great Hall will not increase the bushfire risk of the site. A bushfire evacuation plan is required to be submitted to Council for consideration prior to the use of the site (refer to Recommended Condition 2.42).

Access, Transport and Traffic

Vehicular access to the Fernhill Estate will remain unaltered, with staff and people attending functions will be limited to the use of the Main Entrance of the property. The existing sight lines to the “Hayshed Entrance” are not considered to be adequate to enable the safe movement of traffic to and from the site.

The existing grassed area to the north of the Great Hall will be able to accommodate 140 parking spaces for staff and guests to the Function Centre. The existing grassed area adjacent to the Hayshed will be able to accommodate will be able to accommodate 140 parking spaces for staff and guests to the Function Centre.

Council’s Traffic Engineer, in conjunction with NSW Police at the Local Traffic Committee reviewed the proposed development with regard to access, parking and traffic considerations and have noted the consultants comments within their report:  

-        This development is proposed for 14 events of less than 300 guests over a time period of six months;

-        300m visitors within an hour of the event this would result in 120 vehicles arriving or leaving within the hour before or after an event;

-        The split of travel directions would be a 65% from/to the north and 35% from/to the south;

-        Hourly through traffic along Mulgoa Road would be about 400 vehicles north bound and 400 vehicles southbound;

-        SIDRA analysis using these vehicle numbers results in queues of vehicles waiting to turn right from Mulgoa Road into Fernhill Estate main gate of (on average) 2.5 vehicles with a queue distance of (on average) 17.6 metres. This equates to 3 vehicles and 18 metres for cars;

-        The existing sight distances along Mulgoa Road  to the Fernhill entry are 200 metres from the northern approach and 220 metres from the southern approach;

-        Safe intersection sight Distance (SISD) for the sign posted speed limit of 80 kph is 195 metres;

-        Using Austroads Guide to Road Design – Part 4A Figure 4.9 the consultants reports states “Based on the above assessment, more than 5 vehicles per hour turning right into the site on a regular basis would trigger a requirement for the installation of a channelized right turn treatment”;

-        The consultant’s report states “To be in strict accordance with the Austroads Design, a Channelized Right Turn treatment would be required at the main access driveway for any event requiring access by more than 5 vehicles an hour. Consultant with Penrith City Council and RMS confirms that such an access arrangement is the preferred approach and will ultimately deal with future access demands during larger special event times not considered as part of this assessment”;

-        The consultant’s report states that “Should vehicles wishing to turn right to access the site be required to stop and wait for vehicles travelling northbound on Mulgoa Road, there would be a safe distance for southbound vehicles to be able to see the vehicles and come to a stop behind them.”

1.             Council Traffic Engineer and the Police representative consider that:

-        There could be up to 150 vehicles arriving or leaving within the hour and that it is more likely that groups of vehicles would follow each other and arrive within a shorter time, especially for events such as a wedding or conference;

-        The spit of vehicles could be more like 80% from the northern approach and 20 % from the southern approach;

-        Hourly traffic along Mulgoa Road could be higher numbers in the northbound or southbound approaches at different peak times of day. Also that Mulgoa Road has significant heavy vehicle traffic including timer and quarry trucks. The rural nature of the road can result in higher than signposted speeds despite limited sight lines at bends and crests. There has been a significant crash history along Mulgoa Road, Mulgoa over the past 5 years including crashes involving right turning vehicles and rear end crashes;

-        Safe Intersection Sight Distance along Mulgoa Road should allow for higher than signposted speeds by 10 kph. Using Austroads Part 4A Table 3.2 the SISD for the signposted 80 kph plus 10 kph = 90 kph, a driver reaction time of 2 seconds the SISD would be 214 metres plus a say 4% downgrade correction of 11 metres = 225 metres. This would be to the back of queue which could be 18 or more metres long. Therefore Safe Intersection Sight Distance is not sufficient;

-        Drivers approaching southbound along Mulgoa Road who encounter a vehicles waiting to turn right may not have the time and road length to stop or may decide to pass the turning vehicle along the shoulder. The existing Mulgoa Road roadway at the entry gate has a narrow, constrained unsealed road shoulder which could lead to driver indecision to stop or pass or drivers not being in full control along the road shoulder;

-        The development access has limited sight distance, constrained roadway and has a significant number of events at which 80 or more vehicles will be turning right within a hour against 400 or more approaching through traffic vehicles. This triggers the requirement in Austroads Guide to Road Design – Part 4A for a channelised right turn treatment at this access site.

The proposed development does not include the construction of a channelised right hand turn treatment to access to site from Mulgoa Road. The application was subsequently referred to the Roads and Maritime Service for consideration of the Traffic Report, with the following comments provided:

Roads and Maritime has reviewed the submitted application and does not agree with the proposed directional split of traffic to this development. It is felt that a more realistic split will be 80% from the north and 20% from the south. This will impact on the projected quese for the proposed 14 events.

Roads and Maritime raises concerns regarding sight distance issues at the northern access and recommends that all access to the site occur at the southern access. To warn southbound drivers of vehicles turning right into the property, it is recommended that a variable message sign be placed in an appropriate location north of St Thomas Road.

Roads and Maritime raises no objection to the development provided the following conditions are included in Council’s Conditions of Consent:

1.       A Transport Management Plan, including a Risk management Plan, is to be lodged by the event applicant with the Roads and maritime Serviced for approval prior to the first event. A copy of the Roads and maritime Services approval must be submitted to Council prior to the first event.

2.       A Traffic Control Plan is to be prepared by a qualified and certified professional and submitted to Roads and maritime Services prior to the first event. This Plan shall include:-

a.   Details of where variable message signs (VMS) are proposed to be located. The use of the VMS are to be in accordance with Roads and maritime Services Technical Direction TDT2010/07.

3.       Prior to each event the applicant is to apply for a Road Occupancy Licence (Form C & D) by contacted the Transport management Centre’s Planned Incidents Unit on (02) 8396 1513 during office hours (8am – 4pm) or 131700 after hours.

4.       The applicant will be required to submit the Road Occupancy Licence forms/ traffic management plan at least 10 working days prior to the start of works. Plans should be forwarded to the Supervisor Planned Incidents Unit, Transport Operations, Transport management Centre or on facsimile (02) 8396 1530.

The recommendations of the Roads and Maritime Service has been included within the recommendations of this report (refer to Recommended Conditions 2.43 – 2.46).

Noise Impacts

Mulgoa Valley, with the varying terrain of the locality and wind movement within the valley results in noise generated from previous events not being audible from the property boundaries, however dwellings in various locations within the Mulgoa Valley have been affected by noise generated from the site. It is acknowledged that noise impacts from the operation of a function centre are different from that of the “Tough Mudder” or “Picnic Races”, nevertheless noise from the operation of the function centre is required to be appropriately managed to protect the amenity of residents within the area. 

A Noise Report and Noise Management Plan have been prepared and assessed by Council’s Environmental Health Officer. The assessment revealed that the Noise Report provided data on the background noise levels generated during an event (being Tough Mudder) which are not considered to be a true reflection of the existing background noise levels currently enjoyed by the residents of Mulgoa Valley.

An assessment of the Noise Management Plan document revealed the provision of limited information, however the document detailed the following:

-        Music and amplified sound will cease at 11:00pm with the venue cleared of guests by midnight on Friday or Saturdays, and by 10pm on weekday nights.

-        Each event will have a nominated Event Manager and Security staff who will be made-aware of the Noise Management Plan for the venue. 

-        Neighbours within a 500 metre distance from Fernhill Estate will be notified of any event and provided a contact number to call if they have a noise complaint. This call will be taken by the Event Manager responsible for the function who will be onsite and authorised to take the appropriate action.

As part of “Tough Mudder” and “Picnic Races” events held last year, the organisers provided a similar hotline for residents to contact the operators with their concerns during these events. While the operation of the function centre will generate noise levels significantly lower than that of the previous events, it is considered appropriate that a hotline for residents be provided, considering the hours of operation of the function centre. The hotline will include the provision of a landline and mobile phone option of contacting the function centre operators to ensure that mobile coverage is not an issue.

The Noise Management Plan details the provision of a letterbox drop for residents within 500m of the Fernhill Estate. Considering the topography of Mulgoa Valley, it has been determined that the letter drop to residents is to be undertaken for residents within 1km of the property boundaries is to take place within 1 weeks of each function. The purpose of this letter is to advise residents of the details of the event and the resident hotline information.

It is also considered necessary that an amended Noise Management Plan prepared by an appropriately qualified person is to be submitted to Council for consideration prior to the operation of the Function Centre (refer to Recommended Condition No 2.32).

The temporary use of the site as a Function Centre will give Council the opportunity to monitor the limited use of the Great Hall & Hay Shed to determine the appropriateness of its ongoing use of the site as a Function Centre, which is being considered under separate Development Applications (DA13/1279 & DA13/1503).

No approval of areas such as the Hayshed means Council has no power to limit the use of this space, particularly for a private function capacity.

Noise is anticipated to be generated from such a large scale music event. The size of the event site, the location of the stage and temporary structures within the site assist in minimising the transmission of noise from the site. The event is to be held one day a year, during reasonable hours of the day and evening. With the appropriate management plans in place, the noise from the event is considered not to have a significant adverse impact on the community.

Accessibility

The Development Application was supported by an Access Statement prepared by Accessible Solutions detailing the installation of a number of temporary ramps to gain access to the Ballroom and Great Hall, the installation of accessible bathrooms, installation of wayfinding signage and staff training.

Council’s Access Committee at its meeting held on 12 February 2014, was briefed on a number of Development Applications relating to Fernhill Estate, including this proposal. At that meeting, the Committee outlined that the temporary measures to be installed to support the use of the Ballroom, the lack of accessible parking to support guest of the Ballroom with accessibility needs, the location of the accessible car parking conflicting with the temporary kitchen facilities and the inadequacy of the paths of travel from the accessible parking spaces to the Ballroom has deemed the area inappropriate to the utilised as a temporary function space within the site.

The applicant has excised the Ballroom from the Development Application.

It has been determined that the Great Hall, with the availability of accessible parking spaces directly opposite the function space, a direct and level path of travel from the parking spaces and the need for minimal temporary ramps to be installed to support access to the Great Hall, is able to achieve the requirements of the Disability Discrimination Act.

Additional accessible parking spaces can be provided within close proximity of the Hayshed to minimise paths of travel to this building (refer to Recommended Conditions 2.10).

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

The temporary nature of the use of existing buildings and temporary structures associated with these events means these elements will be removed from the site upon the completion of the events.  The land area is such that it is capable of accommodating all aspects of the development, in particular car parking areas within the existing paddocks.

While it is noted that there will be impact on the movement of traffic within the vicinity of the site, the limitation of the Function Centre to 300 people at any one time, the use of the Main Entrance as the only suitable access point to the site, the installation of the varied message board within Mulgoa Road during functions to increase awareness of vehicles entering and leaving the site will ensure the safe movement of vehicular traffic within the vicinity of the site.

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

Community Consultation

In accordance with Penrith Development Control Plan 2010, the proposed development the proposed development was advertised and notified from 12 December 2013 to 10 January 2014 to adjoining owners/ occupiers and the Mulgoa Progress Association. Seven (7) submissions were received in response to the notification process.

The following issues were raised in the submissions received and have formed part of the assessment.

Adverse Traffic Impacts on Mulgoa

Submissions to the Development Application raised concerns regarding the adverse traffic impacts on Mulgoa resulting from the use of the site as a Function Centre.

Concerns raised in submissions are addressed within the “Access, Transport and Traffic” section of this report.

Adverse Noise Impacts

Submissions to the Development Application raised concerns regarding the generation of noise during the event and the need for noise monitoring.

Concerns raised in the submissions are addressed within the “Noise Impact” section of this report.

Provision of a Noise Management Plan

It is noted that the Statement of Environmental Effects submitted with the application detailed that a Noise Management Plan had been prepared, however the documentation had not been included within the submission documents.

Subsequently, the applicant was contacted and requested to provide a copy of the Noise Management Plan, which has been included within this report (refer to Appendix 3).

An assessment of the documentation revealed the provision of limited information, therefore a Noise Management Plan prepared by an appropriately qualified person is to be prepared and submitted to Council for consideration prior to the use of the site (refer to Recommended Condition 2.32).

 

Site Suitability for the proposed Development

The Local Environmental Plan enables the provision of temporary land uses within the Mulgoa Valley Area. The proposal is not considered to be contrary to the intent of the Local Environmental Plan.

The applicant will be required to rehabilitate the property and return it to its predevelopment state. This rehabilitation of the site will include inspections from the Heritage Office and Council to ensure the works have been undertaken (refer to Heritage Office General Terms of Approval – Appendix 4).

Additional and Ongoing Events at Fernhill

Questions have been raised in relation to the ongoing use of the site as an event venue. Future events of a similar size and scale will require the submission of a Development Application.

At the time of notification, Council had not received the Development Application relating to the consolidation, subdivision and ongoing use of the site for various event and equestrian activities (DA13/1503). The Development Application is currently on exhibition and Council has been advised by the applicant that documentation is currently being prepared in relation to submitting a separate Development Application for the ongoing use of the site as an events venue.

The ability of Council to determine and monitor temporary events, such as the use of the site as the Function Centre and previous applications including the Picnic Races and Tough Mudder, enables Council the opportunity to monitor such events and determine the appropriateness of these events being considered as an ongoing use of the site.

Access to Mulgoa Road

Questions have been raised in relation to the installation of a third driveway entrance point to the site and the use of the “Hayshed Entrance” during functions.

It is noted that “Working Heritage Masterplan” refers to the provision of a third access point to the site from Mulgoa Road, however as the development proposal is for the temporary use of the site, the construction of an additional access point cannot be considered as a part of this proposal.

The use of the Hayshed for functions and the utilisation of the Hayshed entrance as an access point to the site for Functions is not appropriate and has been appropriately conditioned within the recommendations of this report.

Use of funds generated from the Function Centre use

A number of submissions raised questions regarding the use of funds generated from the use of the site as a Function Centre.

The temporary use provisions of the Penrith Local Environmental Plan do not compel the operators to use the funds generated from the operation of the Function Centre for the ongoing maintenance and management of the Heritage buildings and landscaping.

Request for a Public Meeting

A Public Meeting was requested as a part of the assessment of all Development Applications relating to Fernhill.

As an alternative to holding a Public Meeting, Council Officers held Public Information Sessions at Mulgoa Hall from 6 – 8 February 2014 to discuss all aspects of Development Applications currently under assessment.

Incidents of separate weddings being held on the site

Council has received correspondence from a number of adjoining residents advising that weddings have been held prior to the determination of the Development Application.

In response to these submissions, Council Compliance Officers are currently investigating this matter and action will be undertaken separately to this Development Application.

Internal Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

Referral Body

Comments Received

Building Surveyor

No objections, subject to conditions of consent

Environmental Health Officer – Public Health

No objections, subject to conditions of consent

Environmental Health Officer

No objections, subject to conditions of consent

 

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

The proposal involves the use of the site as a Function Centre for no more than 14 days within a 6 month period.

The noise concerns arising from a number of the submissions, particularly in relation to noise transmission from the Hayshed and temporary structures are valid. The temporary use of the land, the limited days of use and hours of operation will enable the potential impacts to be managed.  Council Officers will monitor the use of the site to determine the appropriateness of the site being supported as a Function Centre as an ongoing use of the site. 

The proposed use of the site as a Function Centre will have minimal impacts on the heritage values of the site, with rectification works to be disturbed areas to be undertaken.

The limitation of the development, as detailed in this report, would create public benefit, and therefore approval of the application has been recommended subject to certain modifications.

Section 94 Contributions

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

Conclusion

The applicant seeks consent to use site as a Function Centre for no more than 14 days within a 6 month period at 1041 – 1187 Mulgoa Road, Mulgoa.

The proposed development has been determined to be a temporary land use under relevant planning instruments and satisfies the objectives and provisions of these plans as proposed.

The limitation of the operation of Function Centre to the Great Hall, with a maximum of 300 people attending a function will further limit the possible impacts of such a development and protect the amenity of the adjoining rural properties.

It is therefore acceptable in the circumstances and as such, the use as a function centre is in the public interest and is recommended for approval.

 

 

 

RECOMMENDATION

That:

1.       The information contained in the report on Development Application DA13/1402 - Use of the site as a Function Centre for no more than 14 days within a 6 month period at 1041 – 1187 Mulgoa Road, Mulgoa is received.

2.       Development Application 13/1402 seeking consent to use the site as a Function Centre for no more than 14 days within a 6 month period at 1041 – 1187 Mulgoa Road, Mulgoa be approved subject to the following conditions:

2.01   This consent permits the use of the existing and temporary buildings for a Function Centre for no more than 14 days within a six month period.  Any future use of the site as a Function Centre would require a separate application for development approval, demonstrating compliance with all conditions of this consent and must be lodged, and approval obtained, prior to operation.

2.02   One week prior to the use of the site as a Function Centre, details are to be provided to Penrith Council outlining the following:

a)      The dates and times functions are to be held on the site;

b)      The temporary structures to be installed to support the functions held on the site;

c)      Delivery and removal dates of the temporary structures to support the Function Centre.

2.03   The use of the site as a Function Centre is limited to “The Great Hall” and “Hay Shed” only. The use of the “Ballroom” is not permitted to be utilised in the operation of the Function Centre.

2.04   The pool and pool house associated with the Main House is not be accessed by the public.

2.05   The operating hours of the Function Centre are limited to 7am to 6pm Mondays to Fridays, 8am to 11pm Saturdays and Sunday.

All patrons and staff at each event are to leave the site before 12 midnight on Saturday and Sundays.

2.06   The maximum number of people attending a function on the site is limited to 300 at any one time.

2.07   Prior to the use of the temporary amenities and kitchen facility associated with the “Hay Shed”, a certificate from a Professional Engineer attesting to the structural adequacy of these the temporary structures is to be submitted to Penrith Council.

2.08   The temporary amenities and kitchen associated with the “Hay Shed” are to be connected to the temporary sewage storage tanks for the term of this approval. Once the approval of the use of the site as a Function Centre lapses, the amenities and the kitchen buildings are to be disconnected from the sewage storage tanks and the temporary structures are to be removed from the site within a period of twenty-one (21) days.

2.09   The development shall not be used as a Function Centre until an Occupation Certificate has been issued.

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

In particular, attention is drawn to the location of the accessible parking spaces and provision of accessible bathrooms in association with the use of the Hayshed.

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

2.12   The “Great Hall” and “Hay Shed” shall be provided with Emergency Lights, Exit Signs, Portable Fire Extinguishers and Fire Blankets, these items are to be installed in accordance with the Building Code of Australia and relevant Australian Standards. A Fire Safety Certificate is to be provided prior to each event.

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

a)      complying with the deemed to satisfy provisions, or

b)      formulating an alternative solution which:

• complies with the performance requirements, or

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

c)      a combination of (a) and (b).

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

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

Food

2.15   There are strict requirements for the sale of food at temporary events and functions in NSW. Any person selling food, operating food stalls, temporary kitchens, mobile food vans used for selling food for human consumption, including as part of any service is deemed a ‘food business’ under the Food Act 2003 (NSW) (the Act). This includes not-for-profit organisations.

2.16   Council requires all food businesses, including Fernhill Estate, to apply for permission to operate at any event or function held at Fernhill Estate where food is “for sale.”  The event co-ordinator must provide a list of all food businesses attending any event or function and an application form must be completed and submitted by food businesses to Council a minimum of two weeks before any event. Late application will not be assessed or considered. Council will assess each application and issue approvals on the basis that the business operates in accordance with the Act and the Food Standard Code.

2.17   The Food Act requires all food handling businesses, including those at temporary events or functions, to "notify" their details to the NSW Food Authority (charitable and community not-for-profit organisations are exempt). All food businesses at any event or function (except charitable and community not-for-profit organisations) must have food notified and have their notification number with them at any event or function. 

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

2.19   Existing kitchens and food preparation areas associated with the  main house, great hall, hayshed or any other building shall not be used for “food for sale” until an application has been submitted to Council with supporting information demonstrating that the kitchens are fit for commercial use and compliant with the Food Standards Code and Council has issued an approval.

2.20   A detailed food management plan is required outlining all aspects of the food supply, storage, and delivery at Fernhill Estate for events and functions. The food management plan should cover all food supplied to the public and staff. The plan, as a minimum, should include the following:

-        Food suppliers

-        Transport of the food to the event;

-        Food storage

-        Temperature control (coolrooms etc)

-        Hand washing facilities and cleaning facilities

-        Water, electricity and gas supplies

-        Wastewater disposal

-        Garbage bins and disposal

-        Food display and fixtures

-        Construction of stalls and temporary kitchens

2.21   Temporary kitchens shall meet the requirements of the:

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

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

2.22   The event manager and food proprietors shall ensure that the requirements of the following legislation, codes, and guidelines are met at all times:

-        NSW Food Act 2003

-        NSW Food Regulation 2010

-        The Australian and New Zealand Food Standards Code

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

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

Potable Water Supply

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

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

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

2.24   Water from the estate dams shall not be used for any water supply requiring potable water. Any water tanks that have been used for storing dam water must be thoroughly cleaned and disinfected, in accordance with NSW Health guidelines, before being used for potable water.

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

2.26   Water carting receipts demonstrating the supply of potable water must be made available to Council’s Environmental Health Officers upon request.

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

Toilets for Food Handlers and Wastewater

2.28   Separate toilets must be provided for all food handlers at functions and events and maintained in a hygienic condition. These toilets must be separate to other event toilets and not available to the general public. The toilets must be located in the immediate vicinity of the food stalls and there should be sufficient toilets to cover the needs of all food handlers.

2.29   Toilets shall be supplied with a hand washing facilities that provide warm water through a single outlet and be provided with soap and paper towels. Additional hand washing facilities must also be provided in food handling and preparation areas. All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

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

Noise

2.31   One week prior to the use of the site as a Function Centre, an amended Noise Assessment Report is to be submitted to Council for consideration. The amended report is to demonstrate that noise from the proposed development is within acceptable limits, with the following information required:

-        7 days of noise monitoring in accordance with the Industrial Noise Policy is to be undertaken. The monitoring is to establish an appropriate Rating Background Level for day, evening and night periods as all day activities are proposed.

-        An amended report is to be provided with DA13/1505 demonstrating that noise from the proposed concert can achieve the required noise levels based on the Rating Background Levels obtained from this monitoring;

-        The Rating Background Levels are to be used to demonstrate that the events greater than 300 people in DA13/1503 are within acceptable limits.

2.32   A Noise Management Plan is to be prepared by a qualified consultant that the addresses requirements of Table 3.1 of  the Noise Assessment ‘Fernhill Precinct’ report prepared by Wilkinson Murray (ref 13101-a, version B, dated December 2013). The NMP shall be submitted and approved by Council prior to the first event being held and is to consider all noise generating activities from the events and include but is not limited to vehicle movements, crowd movements and PA system.

2.33   Noise levels generated by the events shall not be audible from the dwellings of neighbouring properties. Noise generated by the activity after 10pm is not to exceed the Sleep Disturbance Criteria provided in the Environmental Protection Authorities Industrial Noise Policy. The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise.

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

In the event of ongoing noise complaints relating to the development being received by Council or where any non compliance with conditions of this consent has been identified by Council, the owner and/or occupier of the development maybe required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community.

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

2.35   One (1) week prior to the any functions being held on the site, details of the noise complaint hotline (including landline and mobile phone), the dates and times of the events are to be distributed to residents within 1km of the property boundaries of the site.

Details of the function to be held on the site are also to be displayed within the Mulgoa Progress Association Notice Board, located within the Mulgoa Village Shopping Centre.

Environmental Management

2.36   Erosion and sediment control measures shall be implemented in and around the car parking areas to prevent mud and soil from vehicular movements from entering dams, tributaries and the stormwater drainage system.

Prior to the use of the site, a soil erosion and sediment control plan, prepared in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004 shall be submitted to Penrith Council for consideration and approval.

2.37   The erosion and sediment control measures shall installed in accordance with “Managing Urban Stormwater: Soils and Construction” 2004 and be maintained for the duration of the events.

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

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

2.40   Dust suppression techniques are to be employed at the parking areas during the events to reduce any potential nuisances to surrounding properties.

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

Waste Management

2.42   All waste generated by the events is to be collected, stored and disposed of in accordance with the Waste Management Plan prepared by Closed Loop dated 11/10/2013. No waste materials are permitted to enter the dams, tributaries and stormwater drainage system on the site or neighbouring properties. The designated waste storage areas shall be frequently emptied, allow for the separation of wastes and are to be fully enclosed when unattended.

Any material to be used as a confetti is to be biodegradable so as to not cause land pollution.

2.34   All wastewater generating activities (including toilets and kitchens) associated with each event in the Great Hall is to be serviced by portable wastewater facilities until such a time as a Section 68 application considering the wastewater generated by the use has been approved by Council and the system installed.

The number of portable toilets required to be provided is to comply with Clause 34 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. All portable toilets are to be serviced by potable water.

Wastewater facilities used for each event is to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness. Wastewater from the facilities is to be disposed of in a lawful manner at an appropriately licensed waste facility.

2.35   All wastewater generating activities (including toilets and kitchens) associated with each event in the Hayshed is to be serviced by temporary sewerage tanks, as detailed on the architectural plans.

2.36   Any existing toilet facilities in the Great Hall or Main House are not to be used for the purpose of events unless otherwise approved by Council. The demountable toilets associated with the Great Hall are not permitted to be used for any event.

2.37   All portable wastewater facilities used for the events are be operated and located in a suitable location so not to cause water pollution or discharge onto land.

In the event wastewater enters the dams, tributaries or stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition Council is be notified of the incident within 24 hours. Any wastewater discharge or spill is be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

Plan of Management

2.41   Prior to the commencement of the use of the site as a Function Centre, a Plan of Management must be prepared and submitted to Penrith Council addressing all operational and management procedures to be employed, to ensure that the premises can operate without disturbance to the surrounding locality. The plan must reflect the whole of the Function Centre operations.

The plan must include but not be restricted to; compliance with all other operational conditions of this consent, hours of operation, noise, security management and handling complaints.

Bushfire Protection Requirements

2.42   Prior to the use of the site as a Function Centre, a Bushfire Evacuation Plan is to be submitted to Penrith Council for approval. The evacuation plan is to detail the following:

a)      Under what circumstances the function centre is to be evacuated.

b)      Where will all persons be evacuated to.

c)      Roles and responsibilities of persons co-ordinating the evacuation.

d)      Roles and responsibilities of persons remaining with the function centre after evacuation.

e)      Procedure to contact the NSW Rural Fire Service / Rural Fire Service and inform them of the evacuation and where they will be evacuated to.

Traffic

2.43   A Transport Management Plan, including a Risk management Plan, is to be lodged by the event applicant with the Roads and maritime Serviced for approval prior to the first event. A copy of the Roads and maritime Services approval must be submitted to Council prior to the first event.

2.44   A Traffic Control Plan is to be prepared by a qualified and certified professional and submitted to Roads and maritime Services prior to the first event. This Plan shall include:-

a)      Details of where Variable Message Signs (VMS) are proposed to be located. The use of the VMS are to be in accordance with Roads and Maritime Services Technical Direction TDT2010/07.

2.45   Prior to each event the applicant is to apply for a Road Occupancy Licence (Form C & D) by contacted the Transport management Centre’s Planned Incidents Unit on (02) 8396 1513 during office hours (8am – 4pm) or 131700 after hours.

2.46   The applicant will be required to submit the Road Occupancy Licence forms/ traffic management plan at least 10 working days prior to the start of works. Plans should be forwarded to the Supervisor Planned Incidents Unit, Transport Operations, Transport management Centre or on facsimile (02) 8396 1530.

 

 

 

ATTACHMENTS/APPENDICES

1. View

Location Plan

1 Page

Appendix

2. View

Architectural Plan

6 Pages

Appendix

3. View

Noise Management Plan

1 Page

Appendix

4. View

General Terms of Approval - Heritage

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                24 March 2014

Appendix 1 - Location Plan

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 2 - Architectural Plan

 







Ordinary Meeting                                                                                                                24 March 2014

Appendix 3 - Noise Management Plan

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 4 - General Terms of Approval - Heritage

 





Ordinary Meeting                                                                                                 24 March 2014

 

 

 

4

Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa  Applicant:  Simon and Brenda Tripp;  Owner:  Angas Securities (mortage in possession)    

 

Compiled by:               Belinda Borg, Senior Environmental Planner

Authorised by:            Julie Condon, Acting 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 from Simon and Brenda Tripp, which seeks approval for the purpose of conducting a Symphony Concert Event, to be held on 11 May 2014 at 1041 – 1187 Mulgoa Road, Mulgoa.

The proposal involves the use of the site to host a one day Symphony Concert Event on 11 May 2014 with a maximum of 3,000 ticketed spectators in attendance.

The Development Application was submitted as an integrated application and the Heritage Council of New South Wales was consulted as a part of the referral process. The subject site is zoned E2 Environmental Conservation and E3 Environmental Management under Penrith Local Environmental Plan (LEP) 2010. The proposed Symphony Concert is defined as a recreational facility (outdoor) and is permissible on the site as a temporary use in accordance with Clause 2.8 Penrith Local Environmental Plan 2010.

In response to advertisements in the local papers, widespread notification to residents within a 2km radius of the development site and public exhibition of the application, a total of eight (8) submissions were received. The submissions raised concerns regarding traffic impacts on Mulgoa Road, road diversions along Farm Road, access to Mulgoa Road, noise impacts, site suitability, impacts on the local shops, additional and ongoing events at Fernhill and compliance action regarding a number of matters.

It is acknowledged that staging such an event has the potential for impacts to occur.  These impacts need to be considered having regard to the economic and community benefits that such an event brings to Penrith and the one-off nature of the event. It needs to be acknowledged that Council undertook a significant notification process which resulted in 8 submissions being received.

The assessment of the application has revealed some challenges with the application, which will be discussed throughout this report.  A number of the issues raised within the submissions are considered to be relevant, particularly in relation to maintaining the amenity of the existing dwellings within the Mulgoa Valley.

Such events are conducive to a regional city and provide a focus on the City for a short time. The event is a one day temporary use of the site and will be subject to strict environmental management requirements.  The event will draw a focus on the Mulgoa area and is a significantly smaller event than those previously held on the site. Given these positive attributes of the event and that there will be benefits to Penrith, the proposal is considered to have merit and is recommended for conditional approval.

Site and Surrounds

The subject site is situated on the western side of Mulgoa Road, between Mayfair Road to north and Fairlight Road to the south. It is approximately 700 hectares in area and is characterised by predominantly a rural landscape and comprises creek flats, gently sloping agricultural land, wooded hills and escarpment areas. The Blue Mountains National Park and Nepean River are located to the rear of the site.

The site has been identified as a State Significant Heritage Item, with the main residence (single storey ashlar sandstone house) being completed in 1845. Various structures are located on the site in addition to the main residence including the stables and coach house, swimming pool, winery ruin, stone bridges, sheds, dams and rural fencing. The remnants of a horse track area are also located on the site.

The surrounding area is characterised by modest sized dwellings on large rural allotments, with smaller residential lots and associated dwellings located within the adjoining Mulgoa Village area. The Blue Mountains National Park provides a backdrop for the locality.

The major roads in close proximity to the site include Mulgoa Road and The Northern Road.  Mulgoa Road is aligned in a northsouth direction and runs adjacent to the eastern boundary of the site, with The Northern Road located further east.  Both roads provide major northsouth links between Penrith and other Western Sydney suburbs and the M4 Motorway to the north with Campbelltown, Camden and other regional towns and centres southwest of Sydney, including the M5 Motorway/Hume Highway.

Mulgoa Road has a posted speed limit of 80km/h in the vicinity of the site reducing to 60km/h south of the site access in the township of Mulgoa.  Mulgoa Road carries approximately 7,100 vehicles per day.

A Locality Plan is provided at in Appendix 1 to this report.

The Proposed Development

The proposed development comprises the following:

a)       Use of the land for the purposes of holding a Symphony Concert on 11 May 2014.

b)      A total of 3000 tickets will be sold/ made available to the event. Various tickets are available to the public, including general admission on picnic blankets, allocated seating, and packages inclusive of food and beverages with access to private/ corporate viewing platforms.

c)       The temporary structures required as part of the event include 12 platform areas for the corporate/ VIP patrons, stage, front of house, bathroom facilities, bar areas, crowd control barriers, generators and water services.

Gates to the venue will open at 2pm. The concert will commence at 4.30pm and conclude at 6.30pm. Gates to the venue will close at 9pm.

d)      On-site parking will be provided, with 1200 spaces available for spectators and staff. Tickets for the on-site car parking can be pre-purchased for the event.

e)       Directional, safety and way finding signage will be provided.

Architectural Plans including an Amphitheatre Site Plan and Event Area Plan are provided in Appendix 2 of this report.

Construction works for the temporary structures will commence on 7 May 2014, with the site being returned to its original state by 14 May 2014.

Planning Assessment

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, with due regard to relevant legislation and planning instruments: -

•        Heritage Act 1977

•        Sydney Regional Environmental Plan No. 20 – Hawkesbury / Nepean River

•        State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

•        Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

•        Penrith Local Environmental Plan 2010

•        Penrith Development Control Plan 2010

Having regard to the above legislation, planning instruments and policies, the following key issues have been identified for discussion.

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

Heritage Act 1977

The subject site is identified as a State Significant Item under the Heritage Act 1977 and is also listed on the Register of the National Estate and National Trust Register.

Section 57 of the Heritage Act states:

(1)     When an interim heritage order or listing on the State Heritage Register applies to a place, building, work, relic, moveable object, precinct, or land, a person must not do any of the following things except in pursuance of an approval granted by the approval body under Subdivision 1 of Division 3:

(a)     demolish the building or work,

(b)     damage or despoil the place, precinct or land, or any part of the place, precinct or land,

(c)     move, damage or destroy the relic or moveable object,

(d)     excavate any land for the purpose of exposing or moving the relic,

(e)     carry out any development in relation to the land on which the building, work or relic is situated, the land that comprises the place, or land within the precinct,

(f)      alter the building, work, relic or moveable object,

(g)     display any notice or advertisement on the place, building, work, relic, moveable object or land, or in the precinct,

(h)     damage or destroy any tree or other vegetation on or remove any tree or other vegetation from the place, precinct or land.

The Development Application was referred to the Heritage Council of New South Wales for consideration. General terms of approval were issued on 11 March 2014 and will be attached to the development consent should approval be issued.

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

Sydney REP No. 20 integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment. The plan applies to all parts of the catchment in the Sydney region (15 local government areas), except for land covered by Sydney REP No. 11 - Penrith Lakes Scheme. The REP is supported by an Action Plan, which includes actions necessary to improve existing conditions.

The proposed development is in accordance with the general planning considerations set out in Clause 5 of the REP and the relevant specific planning policies and related recommended strategies set out in Clause 6.

Erosion and sediment control measures are to be installed within the car parking area to protect the existing waterways within the site. (Refer to Recommended Condition 2.51).

State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007

The relevant aims of this Policy are:

(a)     to ensure that suitable provision is made for ensuring the safety of persons using temporary structures,

(b)     to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by (among other things) managing noise, parking and traffic impacts and ensuring heritage protection,

(c)     to specify the circumstances in which the erection and use of temporary structures are complying development or exempt development,

It is considered that the temporary event as proposed and subject to the conditions recommended is able to satisfy the aims of the Policy.

Clause 12 of the SEPP states that:

Before granting consent to the erection of a temporary structure, the consent authority must consider the following matters:

a)      whether the number of persons who may use the structure at any one time should be limited.

Comment: The maximum number of patrons permitted within any part of the structures to be used as part of the event is to be clearly displayed in a prominent position on each structure used, in particular the temporary grandstands.  (Refer to Recommended Conditions 2.07).

b)      any adverse impact on persons in the vicinity of any noise likely to be caused by the erection or use of the structure and any proposed measures for limiting the impact.

Comment: Conditions of consent are recommended to require that the noise activities be managed and controlled to ensure inappropriate noise levels do not occur within an unreasonable period. Refer to the later discussion in this report regarding the likely impacts of the development and to Recommended Conditions 2.45 – 2.50.

c)       whether the hours during which the structure is used should be limited.

Comment: The proposed hours of operation are acceptable (as detailed in the supplementary documentation to the Statement of Environmental Effects) provided noise limits are monitored and maintained.

A community contact hotline is also required to be provided so that any concerns regarding noise generation can be addressed immediately (Refer to Recommended Conditions 2.50).

d)      any parking or traffic impacts likely to be caused by the erection of the structure or its proposed use.

Comment: The impacts on the operational performance of the surrounding road networks are satisfactory given the significance of the event to the greater Penrith City area. Refer to the discussion later in this report regarding the likely impacts of the development.

e)       the principles for minimising crime risk set out in Part B of the Crime Prevention Guidelines.

Comment: Issues of surveillance, access control, territorial reinforcement and space management are to be managed through security controls and limited access to the event. A Security Planning Document has been provided, which will be distributed to relevant stakeholders prior to the event occurring on the site.

f)       whether the proposed location of the structure is satisfactory in the distance of the structure from public roads and property boundaries and in vehicular and pedestrian access.

Comment:  The site for the event is large, with the Symphony Precinct being to the east of the horse track and well setback from the adjoining residential properties. 

Adequate vehicular access to the site is provided and extensive parking areas have been provided on site appropriately located in relation to the Symphony Precinct. 

g)      whether it is necessary to provide toilets and washbasins in association with the use of the structure.

Comment:  Temporary amenities will be available to the patrons of the event and serviced regularly.

h)      whether the structure is proposed to be erected on land that comprises, or on which there is:

i)       an item of environmental heritage that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977, or

ii)      place, building, work tree, relic or Aboriginal object that is described; as an item of environmental heritage or as a heritage item in another environmental planning instrument, or

iii)     land identified as a heritage conservation area, an archaeological site or place of Aboriginal heritage significance in another environmental planning instrument,

Comment: The site has been identified as being a State Significant Heritage Item. The application was referred to the Heritage Council of New South Wales and General Terms of Approval have been provided.

i)       the duration for which the structure should be permitted to remain on the land concerned.

Comment: The use of the land is for the purpose of conducting a Symphony Concert on 11 May 2014. Construction works for the temporary structures will commence on 7 May 2014, with the site being returned to its original state by 14 May 2014, which is considered satisfactory.

j)       whether any conditions should be imposed on the granting of consent in relation to the dismantling or removal of the structure in view of any safety issues.

Comment: Council’s Building Surveyor has reviewed the application and provided recommended conditions of consent in regards to the temporary structures (Refer to Recommended Condition 2.07).

Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

Fernhill Estate is listed as a State Significant Heritage Item, with the estate being located principally on the first land grant made in the Mulgoa Valley dating back to 1809.

Clause 8 of the Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) relates to the importance of retaining heritage items. It states:

(1)     A person must not, in respect of a building, work, tree, relic or place that is a heritage item:

(a)     demolish or alter the building or work,

(b)     damage or move the relic,

(c)     excavate for the purpose of exposing the relic,

(d)     damage or despoil the place or tree,

(e)     erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or

(f)      damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2)     An applicant for consent required by this clause must lodge with the Council a statement which includes reference to the following matters:

(a)     the significance of the item as a heritage item,

(b)     the extent to which the proposal would affect the heritage significance of the item and its site,

(c)     whether any stylistic, horticultural or archaeological features of the item or its site should be retained,

(d)     whether the item constitutes a danger to the users or occupiers of that item or to the public,

(e)     whether the permanent conservation of the building or work is considered necessary,

(f)      the probability of the building or work being incapable of reasonable or economic use.

(3)     The Council must, in determining an application required by this clause, take into consideration the matters listed in subclause (2).

A heritage impact statement has been submitted with the Development Application detailing the fabric of the heritage listed building. Important landscaping will not be impacted by the proposed development through the use of areas within the site that are not considered to be significant in terms of heritage values.

The Development Application was referred to the Heritage Council of New South Wales for consideration, including the heritage impact statement supporting the application. General terms of approval were issued on 11 March 2014 and will be attached to the development consent should approval be issued (refer to Appendix 3).

Penrith Local Environmental Plan 2010

Permissibility

The subject site is partly zoned E2 Environmental Conservation and partly zoned E3 Environmental Management under Penrith Local Environmental Plan 2010. The proposed development is defined as a Recreation Facility (Outdoor), which is considered to be permissible under the temporary land use provisions of the Penrith Local Environmental Plan 2010.

Clause 2.8 of the Penrith Local Environmental Plan 2010 permits the temporary use of land, and states:

(1)     The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)     Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.

(3)     Development consent must not be granted unless the consent authority is satisfied that:

(a)     the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b)     the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c)     the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)     at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)     Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)     Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

The Symphony Event is considered to be a temporary use of the land as a recreation facility (outdoor), being limited to 8 days for one event within a 12 month period which will involve  the construction and removal of all temporary structures. In the event that the owners/ applicant wish to hold the event at the site in the future, a separate Development Application would need to be submitted.

A rehabilitation plan will be provided and enacted at the completion of the event to return the site to its pre-development state.

Future development on the site will not be affected by the operation of the temporary land use.

It is noted that Clause 2.8 of Penrith Local Environmental Plan 2010 does not compel the applicant to spend any money generated from conducting the Symphony Concert on the maintenance of the heritage listed buildings or associated landscaping.

It is acknowledged that Development 13/1503 relating to the Consolidation, subdivision of land and ongoing use of the site for events is currently under assessment and due to the complexity of the proposal, will take some time to assess. Therefore use of the temporary land use provisions enables the applicant to generate income in the interim.

LEP and Zones Objectives

The proposed development is consistent with the aims and objectives of both the LEP and the zones itself.

Clause 6.5 – Protection of scenic character and landscape values

The subject land is located within an area identified as being “Land with scenic and landscape values”, as the site is located on a major road, being Mulgoa Road.

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon completion of the event. A rehabilitation plan will be submitted detailing the rectification works to be completed to restore the site back to its original state (refer to Appendix 3 - Heritage Office General Terms of Approval).  It is not envisaged that the development will alter the character of Mulgoa Road.

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

Stage 2 of the Penrith Planning Proposal outlines that;

“..this Planning Proposal addresses the matters that are required to deliver a comprehensive Local Environmental Plan (LEP) for Penrith. The Planning Proposal covers all land within the City of Penrith, excluding land covered by State Environmental Planning Policy (Western Sydney Employment Area) 2009 and deemed State Environmental Planning Policy SREP No. 30 – St Marys. It is intended that the Planning Proposal will evolve and develop as agency and community consultation is undertaken”.

The Penrith Planning Proposal was placed on public exhibition on 13 May 2013 with exhibition finishing on 5 July 2013.

It is noted that the site is zoned under Penrith Local Environmental Plan 2010 and the Penrith Planning Proposal does not alter the current zoning of the site.

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

Penrith Development Control Plan 2010

DCP Objectives

It is considered that the objectives of the DCP have been satisfied.

Penrith Development Control Plan 2010 applies to the land. The proposal has been assessed, having regard to the provisions of Part C – Controls applying to all land uses and Part E, Section E2 – Mulgoa Valley as detailed below.

C2 Vegetation Management

The development site has been identified as containing Cumberland Plain Woodland. An inspection of the site and documentation provided has revealed that the location of the proposed activities are outside the vegetated areas and as such will have no detrimental impact on native vegetation communities.

Council’s Senior Biodiversity Officer considered the proposed development and advised the following:

·        No trees or shrubs are proposed to be impacted or removed for this activity and therefore a Flora and Fauna Report is not required.

·        This proposal will have no impact on native vegetation on the site.

·        No threatened species will be impacted and therefore an Assessment of Significance is not required.

·        Potential exists for erosion within the car parking area if there is rain.

Recommended conditions by Council’s Senior Biodiversity Officer relating to tree removal, implementation of erosion controls and protection of existing vegetation on the site have been included within the recommendations of this report (refer to Recommended Conditions 2.51 – 2.53).

C3 Water Management

The development site contains a number of water bodies, including creeks of varying sizes and a number of dams. The proposed development does not include any works within or near the dams or water bodies.

The implementation of appropriate erosion and sediment control measures in association with the car parking area will protect the water quality of the existing watercourses located on the site.  Potable water will be transported to the site to ensure the provision of a sufficient and reliable water supply to support the event. These matters will be reinforced through conditions (refer to Recommended Conditions 2.26 – 2.30).

C4 Land Management

A rehabilitation plan is to be provided detailing the restoration of the site once the event has been completed to ensure the site is returned to its original state.

The submission of an Erosion and Sediment Control Plan will ensure appropriate measures are implemented during the event to protect the site (refer to Recommended Condition 2.51).

C5 Waste Management

Extensive bathroom facilities will be transported to the site to support the event.

Appropriate conditions of consent will be included requiring the provision of adequate waste and recycling facilities for participants and food stall holders, the management of waste during the event and the appropriate disposal of the waste from the site (refer to Recommended Conditions 2.44).

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

Built and Natural Environment

The temporary nature of the proposed development includes the installation of various temporary structures which will be removed upon completion of the one day event.

The layout of the existing paddocks and the utilisation of the natural amphitheatre within the paddock area for the Symphony Concert provides a suitable response to safeguarding the existing heritage buildings and associated landscaping from being altered by the proposed development. A rehabilitation plan is to be provided and will be implemented to return areas disturbed by the development back to their pre-development state (refer to Appendix 3 – Heritage Office General Terms of Approval).

The site is identified as being bushfire prone land. The use of the site for a Symphony Concert will not increase the bushfire risk of the site. A bushfire evacuation plan is required to be submitted to Council for consideration prior to the use of the site (refer to Recommended Condition No 2.14 ).

Access, Transport and Traffic

A Traffic Management Plan was submitted with the Development Application detailing the intended paths of travel to and from the site, the provision of signage to identify the best way to access the site and the use of traffic control officers/ local police to manage the movement of vehicles on the event day.

Extensive parking areas are to be provided within the existing paddocks, including the provision of 1200 parking spaces for spectators and event staff. Spectators will be able to pre-purchase car parking tickets to the event.

The Traffic Management Plan originally submitted with the Development Application, included the use of traffic diversion measures similar to the “Tough Mudder” event in April 2013 and the “Picnic Races” event in November 2013. The report considered for the “Picnic Races” event detailed that the use of traffic diversions would not be supported for any future Development Application.

Subsequently, an amended event Traffic Management Plan was prepared, which includes:

-        the use of traffic controllers along Mulgoa Road enabling patrons to head southbound from Penrith to right into site without the use of road diversions

-        the use of temporary VMS signage to advise users of Mulgoa Road of event traffic within the area

-        the temporary reduction in the speed limit of Mulgoa Road from 80km/h to 60km/h.

The amended Traffic Management Plan has been considered by Council’s Traffic Engineers, Penrith Local Area Command and the Roads and Maritime Service and is considered to be acceptable (refer to Recommended Conditions  2.15 – 2.25). 

Noise Impacts

Mulgoa Valley, with the varying terrain of the locality and wind movement within the valley results in noise generated from previous events not being audible from the property boundaries, however dwellings in various locations within the Mulgoa Valley have been affected by noise generate from the site. It is acknowledged that noise impacts from the conducting a Symphony Concert are different from that of the “Tough Mudder” or “Picnic Races”, nevertheless noise from the event is required to be appropriately managed to protect the amenity of residents within the area. 

A Noise Report and Noise Management Plan have been prepared and assessed by Council’s Environmental Health Officer, which revealed that the Noise Report provided data on the background noise levels generated during an event (being Tough Mudder) which are not considered to be a true reflection of the existing background noise levels currently enjoyed by the residents of Mulgoa Valley.

An assessment of the Noise Management Plan document revealed the provision of limited information, therefore a Noise Management Plan prepared by an appropriately qualified person is to be submitted to Council for consideration prior to the Symphony Concert Event (refer to Recommended Condition No 2.46).

A minimum of two measurements are to be undertaken during the event at each monitoring location to provide data on noise generated at different stages during the event. A report detailing the outcomes of the event is to be submitted to Council within 28 days of the event (Refer to Recommended Condition 2.47).

As part of “Tough Mudder” and ‘Picnic Races” events held last year, the organisers provided a hotline for residents to contact the organisers with their concerns during this event. A similar hotline will be provided for the Symphony Concert, including the provision of a landline and mobile phone option of contacting event organisers to ensure that mobile coverage is not an issue.

A letter drop to residents within 1km of the property boundaries is to take place within 1 week of the event. The purpose of this letter is to advise residents of the details of the event and the resident hotline information.

Noise is anticipated to be generated from such a large scale music event. The size of the event site, the location of the stage and temporary structures within the site assist in minimising the transmission of noise from the site. The event is to be held one day a year, during reasonable hours of the day and evening. With the appropriate management plans in place, the noise from the event is considered not to have a significant adverse impact on the community.

Social and Economic Impacts

Opportunities for employment leading up to and during the event are a positive outcome of the proposed development. The event will stimulate local businesses and create awareness of the tourist attractions within the Mulgoa Valley and greater Penrith area.  A moderate number of event staff are expected to stay in accommodation for several nights in the area, while patrons will utilise accommodation over the weekend.

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

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon the completion of the event.  The land area is such that it is capable of accommodating all aspects of the development, in particular car parking areas within the existing paddocks.

While it is noted that there will be impacts on the movement of traffic within the vicinity of the site, particularly at peak times of people entering and leaving the site, the management of the traffic through the provision of the detailed Traffic Management Plan will ensure the safe movement of vehicular traffic within the vicinity of the site.

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

Community Consultation

In accordance with Penrith Development Control Plan 2010, the proposed development was advertised and notified from 13 January 2014 to 12 February 2014 to over 800 owners/ occupiers within a 2km radius of the development site, including the Mulgoa Progress Association. During this period, the date of the event was altered from 26 April 2014 to 11 May 2014. Additional notification letters were sent with the exhibition period extended until 19 February 2014.

Eight (8) submissions were received in response to the notification process.

The following issues were raised in the submissions received and have formed part of the assessment.

Adverse Traffic Impacts on Mulgoa

The provision of such an event within Mulgoa, attracting 3,000 ticketed patrons to Fernhill will increase the level of traffic within the locality. Minor delays were experienced during previous events such as “Tough Mudder” and the “Picnic Races” however the capacity of this Symphony event is significantly smaller  and does not require the provision of local road diversions to enable the safe and orderly movement of vehicles within the locality.

Minor delays are expected with additional traffic within the area; however the additional traffic will also result in reduced vehicle speeds. Residents will be able to safely leave their properties, albeit those normal speeds of moving within Mulgoa will not be achieved.

The site is capable of accommodating 1200 car parking spaces to ensure spectators are not parking within the local road network and walking to the site. Given the capacity of the event it is unexpected that parking will be at capacity during the event.

Adverse Noise Impacts

Submissions to the Development Application raised concerns regarding the generation of noise during the event and the need for noise monitoring.

Concerns raised in the submissions are addressed within the “Noise Impacts” section of this report.

Provision of a Noise Management Plan

It is noted that the Statement of Environmental Effects submitted with the application detailed that a Noise Management Plan had been prepared, however the documentation had not been included within the submission documents.

Subsequently, the applicant was contacted and requested to provide a copy of the Noise Management Plan, which has been included within this report (refer to Appendix 4).

An assessment of the documentation revealed the provision of limited information, therefore a Noise Management Plan prepared by an appropriately qualified person is to be prepared and submitted to Council for consideration prior to the use of the site (refer to Recommended Condition 2.46).

Site suitability for the proposed Development

The Local Environmental Plan enables the provision of temporary land uses within the Mulgoa Valley area. The proposal is not considered to be contrary to the intent of the Local Environmental Plan.

The applicant will be required to rehabilitate the property and return it to its pre-development state. This rehabilitation of the site will include inspections from the Heritage Office and Council to ensure the works have been undertaken (refer to Heritage Office General Terms of Approval – Appendix 3).

 

 

Impacts on the Local Shops

Submissions on the Development Application suggested the implementation of the road diversions for the previous events adversely impacted on trade within the Mulgoa Village shops.

The amended Traffic Management Plan does not include the implementation of local road diversions to support the Symphony Concert.

The gates for the Symphony Concert will open at 2pm.  Local residents and passing trade using Mulgoa Road will have unobstructed access to the Mulgoa Village shops for a significant period during normal trading on a Sunday.

Access to Mulgoa Road

Questions have been raised in relation to the installation of a third driveway entrance point to the site.

It is noted that the “Working Heritage Masterplan” refers to the provision of a third access point to the site from Mulgoa Road, however as the development proposal is for the temporary use of the site, the construction of an additional access point cannot be considered as part of this proposal.

Additional and Ongoing Events at Fernhill

Questions have been raised in relation to the ongoing use of the site as an event venue. In addition, concerns have been raised that the approval of the “one off” Development Applications will create a precedent for more frequent events on the site.

Council has received a number of Development Applications relating to Fernhill, including the consolidation, subdivision and ongoing use of the site for various events and equestrian activities (DA12/1503). The Development Application is currently on exhibition until 31 March 2014.

Approval of the temporary applications is not considered to set a precedent regarding more frequent events on the site. The temporary land use provisions (Clause 2.8) within Penrith Local Environmental Plan 2010 provide a limitation of 28 days within 12 months for the use of the site for such events as the Symphony Concert, Tough Mudder, Picnic Races and Function Centre.

The determination and monitoring of temporary events, such as the Symphony Concert proposal and previous applications including the Picnic Races and Tough Mudder, provides Council the opportunity to monitor such events and determine the appropriateness of these events being considered as part of an ongoing use of the site.

Compliance Action undertaken on the Site

Council Officers have been responding to a number of complaints received regarding the existing on-site sewerage management systems, tree removal, accommodation within the stables, retention of the racing rail installed as a part of the Picnic Race and unauthorised events being held on the site, in particular within the Hayshed.

The proposed Symphony Concert does not rely upon the use of any structures or facilities. Investigations and compliance action is ongoing in relation to a number of these matters.

Internal Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

Referral Body

Comments Received

Building Surveyor

No objections, subject to conditions of consent

Environmental Health Officer – Environmental Management

No objections, subject to conditions of consent

Environmental Health Officer – Public Health

No objections, subject to conditions of consent

Environmental Health Officer - Waterways

No objections, subject to conditions of consent

Senior Biodiversity Officer

No objections, subject to conditions of consent

Senior Traffic Engineer

No objections, subject to conditions of consent

 

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

The proposal involves conducting a Symphony Concert to be held on 11 May 2014.  The event will attract 3,000 patrons to the site and further promote Mulgoa as a destination location within Greater Western Sydney.

The promotion of the event will attract ongoing interest to the Penrith LGA, including the Penrith Symphony Orchestra and have economic benefits for the greater community.

Furthermore, the proposed event will have minimal impacts on the heritage values of the site, with rectification works to all disturbed areas to be undertaken after the event.

In view of the above, it is considered that development of the site as proposed would create public benefit, and therefore approval of the application has been recommended subject to certain modifications as discussed in this report.

Section 94 Contributions

There are Section 94 Contributions applicable to the proposed development.

Conclusion

The applicant seeks consent for the purposes of conducting a Symphony Concert on 11 May 2014 at 1041 – 1187 Mulgoa Road, Mulgoa. 

The proposed development has been determined to be a temporary land use under relevant planning instruments and satisfies the objectives and provisions of these plans as proposed.

It is acknowledged that there will be some impacts generated by the event, particularly traffic generation. However, as the event is limited to one (1) day, on balance the proposal represents benefits to the community in terms of economic stimulation and maximising utilisation of a state significant site, without adversely impacting on the existing structures or significant landscaped area.

It is therefore acceptable in the circumstances and as such the event is in the public interest and is recommended for approval.

 

 

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa be received.

2.      Development Application 13/1505 seeking consent to Conduct a Symphony Concert Event to be held on 11 May 2014 at 1041 – 1187 Mulgoa Road, Mulgoa be approved subject to the following conditions:

2.01   This consent permits the conduct a “Symphony Concert” on 11 May 2014.  Any future events on the site would require a separate application for development approval, demonstrating compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

2.02   The maximum number of tickets available for spectators involved in the Symphony Event is limited to 3,000 people. Evidence of compliance is to be provided to Penrith City Council within two (2) weeks of the event concluding.

2.03   All entertainment and trading including the operation of a Public Address and speaker system is to cease at 7pm on the day of the event.

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

a)       complying with the deemed to satisfy provisions, or

b)      formulating an alternative solution which:

-        complies with the performance requirements, or

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

c)       a combination of (a) and (b).

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

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

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

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

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

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

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

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

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

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

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

Bushfire Protection Requirements

2.14   Prior to the use of the site as a Function Centre, a Bushfire Evacuation Plan is to be submitted to Penrith Council for approval. The evacuation plan is to detail the following:

a)       Under what circumstances the function centre is to be evacuated.

b)      Where will all persons be evacuated to.

c)       Roles and responsibilities of persons co-ordinating the evacuation.

d)      Roles and responsibilities of persons remaining with the function centre after evacuation.

e)       Procedure to contact the NSW Rural Fire Service / Rural Fire Service and inform them of the evacuation and where they will be evacuated to.

Transport Management Plan

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

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

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

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

2.19   A Traffic Control Plan is to be prepared by a qualified and certified professional and submitted to Roads and Maritime Service prior to the event. This Plan shall include:

-     Details of the proposed speed limit reduction on Mulgoa Road.

-     Details of a minimum 4.0m emergency lane to be maintained at all times during the event.

-     Details of where variable message signs (VMS) are proposed to be located. The use of VMS are to be in accordance with Roads and Maritime Services Technical Direction TDT2010/07.

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

2.21   The event organiser notify the Ambulance Service of NSW, Fire and Rescue NSW, Rural Fire Service, and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.  A request is to be made to Fire and Rescue NSW and Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the Fernhill Symphony be postponed for the week of the event.

2.22   The event applicant is to provide advice to Council prior to the event that the event complies with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

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

2.24   Where provided, variable message sign boards are to be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

2.25   Any proposed temporary / partial road closures will require the applicant to apply for a Road Occupancy Licence (Form C & D) by contacting the Transport Management Centre’s Planned Incidents Unit (02) 83961513 during office hours (8am – 4pm) or 131700 after hours.

The applicant will be required to submit the Road Occupancy Licence forms/ traffic management plan at least 10 working days prior to the start of works. Plans should be forwarded to the Supervisor Planned Incidents Unit, Transport Operations, Transport Management Centre or on facsimile (02) 8396 1530.

Potable Water Supply

2.26   A Potable Water Supply Management plan is to be provided to Council at least two (2) weeks before the event demonstrating how potable water will be supplied to all required fixtures including food stalls, bars, showers, hand wash basins and stations, and anywhere else where a potable supply is required.

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

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

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

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

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

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

Food

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

-        Food suppliers

-        Transport of the food to the event;

-        Food storage

-        Temperature control (cool rooms etc)

-        Hand washing facilities and cleaning facilities

-        Water, electricity and gas supplies

-        Wastewater disposal

-        Garbage bins and disposal

-        Food display and fixtures

-        Construction of stalls

2.32   Penrith City Council requires all food businesses attending this event to apply to Council for an approval to sell food. This application must be submitted to Council a minimum of two (2) weeks before the event to allow Council sufficient time to assess the applications. Late applications will not be considered or approved. Council will provide the event organiser with a list of approved food businesses prior to the event.

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

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

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

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

-        The nature of the food business.

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

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

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

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

-        NSW Food Act 2003

-        NSW Food Regulation 2010

-        The Australian and New Zealand Food Standards Code

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

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

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

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

2.38   Hand basins must be provided to all food stalls and mobile vans, be readily accessible, and be no more than 5 metres from any food preparation area. They must be freestanding, serviced with hot and cold water through a single outlet, able to be mixed at a temperature of at least 40°C. Disposable paper hand towels and soap must be provided and serviced from a dispenser adjacent to each hand basin.

 

 

Waste and Wastewater

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

2.40   The provisions of toilets for the event are to comply with Clause 34 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department. In addition, hand sanitary stations shall be provided in sufficient numbers for the event.

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

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

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

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

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

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

Noise

2.45   One week prior to the Symphony Event being held, an amended Noise Assessment Report is to be submitted to Council for consideration. The amended report is to demonstrate that noise from the proposed development is within acceptable limits, with the following information required:

-        7 days of noise monitoring in accordance with the Industrial Noise Policy is to be undertaken. The monitoring is to establish an appropriate Rating Background Level for day, evening and night periods as all day activities are proposed.

-        An amended report is to be provided with DA13/1505 demonstrating that noise from the proposed concert can achieve the required noise levels based on the Rating Background Levels obtained from this monitoring;

-        The Rating Background Levels are to be used to demonstrate that the events greater than 300 people in DA13/1503 are within acceptable limits.

2.46   A Noise Management Plan is to be prepared by a qualified consultant that the addresses requirements of Table 3.1 of the Noise Assessment ‘Fernhill Precinct’ report prepared by Wilkinson Murray (ref 13101-a, version B, dated December 2013). The Noise Management Plan shall be submitted and approved by Council prior to the event being held and is to consider all noise generating activities from the event and including but not limited to vehicle movements, crowd movements and PA system.

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

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

2.48   The event applicant is to ensure that noise control measures are in place as required by the provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise and the Protection of the Environment Operations (Noise Control) Regulation 2000.

Noise levels generated by the events shall not be audible from the dwellings of neighbouring properties.

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

In the event of ongoing noise complaints relating to the development being received by Council or where any non compliance with conditions of this consent has been identified by Council, the owner and/or occupier of the development maybe required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community.

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

2.50   One (1) week prior to the any functions being held on the site, details of the noise complaint hotline (including landline and mobile phone), the dates and times of the events are to be distributed to residents within 1km of the property boundaries of the site.

Details of the function to be held on the site are also to be displayed within the Mulgoa Progress Association Notice Board, located within the Mulgoa Village Shopping Centre.

Environmental Management

2.51   Erosion and sediment control measures shall be implemented in and around the car parking areas to prevent mud and soil from vehicular movements from entering dams, tributaries and the stormwater drainage system.

Prior to the use of the site, a soil erosion and sediment control plan, prepared in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004 shall be submitted to Penrith Council for consideration and approval.

2.52   The erosion and sediment control measures shall installed in accordance with “Managing Urban Stormwater: Soils and Construction” 2004 and be maintained for the duration of the events.

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

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

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

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

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

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

Security and Safety

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

Drug and Alcohol Management

2.60   The guidelines contained in the Section 9 – Liquor Licensing & management of the “Operational Plan of Management Events in Modes 1 – 3 Fernhill Estate - NSW” must be adhered to by security and event staff to promote responsible consumption of alcohol and minimise opportunities for alcohol-related antisocial behaviour to occur.

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

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

2.63   Bags shall be searched upon entry in accordance with the “Operational Plan of Management Events in Modes 1 – 3 Fernhill Estate - NSW” provided by the applicant.

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

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

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

Crowd Management

2.67   The Crowd Control procedures provided in the Operational Plan of Management Events in Modes 1 – 3 Fernhill Estate - NSW” must be adhered to by security and event staff throughout the event.

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

Major and Medical Incidents

2.69   The “Operational Plan of Management Events in Modes 1 – 3 Fernhill Estate - NSW” provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency.

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

 

Lighting and Power

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

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

Signage

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

 

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Architectural Plans

2 Pages

Appendix

3. View

Letter from Heritage Council

3 Pages

Appendix

4. View

Noise Management Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                24 March 2014

Appendix 1 - Locality Plan

 

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Ordinary Meeting                                                                                                                24 March 2014

Appendix 2 - Architectual Plans

 

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Ordinary Meeting                                                                                                                24 March 2014

Appendix 3 - Letter from Heritage Council

 

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Ordinary Meeting                                                                                                                24 March 2014

Appendix 4 - Noise Management Plan

 


Ordinary Meeting                                                                                                 24 March 2014

 

 

 

5

Section 96(1A) Application DA12/0961.01 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith  Applicant:  John & Helen Wakeling;  Owner:  Penrith City Council    

 

Compiled by:               Tania  Shephard, Consultant Environmental Planner

Authorised by:            Julie Condon, Development Enquiry Unit Coordinator   

 

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 an application under Section 96(1A) of the Environment Planning and Assessment Act 1979 seeking modifications to Development Consent DA12/0961 for a Charter and Tourism Boating Facility on the Nepean River, Penrith.  The legal description of the land over which access to the Nepean River is provided is Lot 2 DP 612169, which forms part of Tench Reserve.

Consistent with the provisions of Section 96(1A), the proposed modifications are of minimal environmental impact and the proposal is substantially the same as the original development.  The application was notified in accordance with the provisions of Penrith Development Control Plan 2010 and a total of two (2) submissions were received.  These submissions are addressed in this report.

The proposal has been assessed having regard to the provisions of the Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River, Penrith Local Environmental Plan 2010 and Penrith Development Control Plan 2010.

Pursuant to Section 96(1A) and Section 79C of the Environmental Planning and Assessment Act 1979, an assessment of the application has been made. Having regard to the matters discussed in this report, it recommended that some conditions of development consent be modified whilst others remain as per the original consent.

Background

Council considered a report for DA12/0961 for a proposed Charter and Tourism Boating Facility on the Nepean River, Penrith at its Ordinary Meeting of 25 February 2013.  At this meeting it was resolved that the application be determined by granting Deferred Commencement consent subject to conditions.  The development sought approval for the following:

•      The mooring of the main boarding pontoon to the existing landing within Tench Reserve.

•      A secondary pontoon is to be connected to the northern side of the main boarding pontoon and used to store 15 – 20 pedal boats.

•      The secondary pontoon is to be used to board the pedal boats.

•      The main boarding pontoon will allow for the Nepean Belle to berth during its normal operations and allow for smaller boats to gain access to the landing.

•      The pontoons and pedal boats will be stored at Lot 31 DP 772196, No. 102 Factory Road, Regentville outside of operation hours.

•      Proposed hours of operation of 8am to 8pm, Monday to Sunday.

•      Two staff will be required to operate the Charter and Tourism Facility.

•      The pontoons and pedal boats are to be transported from Lot 31 DP 772196, No. 102 Factory Road, Regentville, to the landing prior to the commencement of operations each day and returned to this property at the end of each day.

•      No construction works were required as part of the proposal

As previously noted, the application was approved as a Deferred Commencement Consent.  Should the applicant satisfy Council with respect to the Deferred Commencement (Schedule 1) conditions of consent, then the Operational (Schedule 2) conditions included the following limitations to development:

•      This consent is limited to a period until 31 December 2016. Prior to the expiry date of this consent, the applicant will be required to submit a new development application for any continuance of the use.

•      The operating hours are from 9:30am to one hour prior to sunset, Monday to Sunday.

•      The pontoon and pedal boats are to be removed from the Nepean River at the end of each day and stored within Lot 31 DP 772196, No. 102 Factory Road, Regentville.

•      The operation of the Charter and Tourism Boating Facility is limited to the use of nine (9) pedal boats on the Nepean River at any one time.

A copy of the original report to Council is provided at Appendix 1.

Deferred Commencement (Schedule 1) Conditions

The Deferred Commencement (Schedule 1) conditions of consent were as follows:

a.    Within six (6) months from the date of decision of this Deferred Commencement, the applicant shall amend and re-submit to Penrith City Council all supporting documents detailing the implementation of a pontoon for the operation of the Charter and Tourism Boating Facility, while ensuring public access to the existing landing at all times.

The applicant has provided documentation detailing the implementation of a pontoon and access to the existing landing as part of this application.  Revised plans have been submitted which detail provision for a public boarding barge on the opposite side of the pontoon to the pedal boats boarding barge.  Members of the public are able to moor their vessels to this public boarding barge and access Council’s existing landing through the cruise terminal area of the pontoon.  Schedule 2 of the consent has conditions with respect to access for persons with disabilities.  These are discussed further in this report and it is recommended that these conditions remain (although modified) as part of the Operational Consent.  In addition, Schedule 2 also contains a condition requiring that the operation of the facility is not to result in the exclusive use of the existing landing.

 

b.    Within six (6) months from the date of decision of this Deferred Commencement, a licence is to be obtained from Penrith Council for the use of the existing landing.

 

       Contact Council’s Property Development Department on (02) 4732 7777 in relation to obtaining an appropriate licence and payment of applicable fees.

Upon further review by Council staff, it was determined that no licence was required to be obtained from Council as the facility is located on the Nepean River and no works are proposed with Tench Reserve or on the river bank.  Accordingly, a licence was required from NSW Trade and Investment (Crown Lands) for a licence.  This is consistent with the requirements of the Crown Lands Act 1989 and the Crown Lands Marina and Waterfront Commercial Policy.  The applicant has made this application to NSW Trade and Investment.  They have been advised that determination of the application is being held until such time as development consent is granted.  (The issuing of the Operational Development Consent would satisfy this.)

 

In light of this, it is considered that the applicant has satisfactorily addressed, or satisfactorily attempted to address, the Schedule 1 conditions.  A recommendation of this report is that Council accept the applicant’s response to the Schedule 1 conditions and, as such, issue an Operational Consent for the development.

 

Site and Surrounds

Tench Reserve is a large recreational open space area located along the eastern banks of the Nepean River. The access point to the Nepean River is located north of the M4 Bridge where there is an existing landing located 40m south of the “river access” with a public boat ramp.

The Nepean River is heavily used by a variety of watercraft, including the Nepean Belle, Platypus Cruiser and rowing boats that utilise the 2000m and 5000m rowing courses located on the river.

The surrounding area to the east contains The Coffee Club Restaurant and associated car parking, caravan park, residential dwellings and large parcels of flood affected vacant land.  A range of residential dwellings are located south of Tench Reserve.

A Site Plan is provided at Appendix 2.

The Proposed Development

The Section 96(1A) application seeks to include a small kiosk as part of the development.  The kiosk will offer pre-packaged take-away foods such as ice-creams, pies, sausage rolls, tea, coffee and drinks.  A kiosk was previously proposed with the original development application however this was removed from the application as it included a seating component which changed the land use definition from a kiosk to a restaurant which is prohibited in the W2 Water Recreation zone.  Further, Council’s Property Development Department did not support the kiosk as it was in conflict with the existing lease agreement for the operation of a kiosk within Tench Reserve.  This has been resolved through the revised design and review of the existing agreement.  Council’s Property Development Department now raise no objection to the application.

The revised plans also detail the provision of a public boarding barge on the opposite side of the pontoon to the pedal boats boarding barge.  The barges are located either side of the main barge containing the cruise terminal, kiosk and amenities.  Members of the public can moor their vessels to this public boarding barge and access Council’s existing landing through the cruise terminal area of the pontoon. 

In order to address conditions of development consent, the application also includes an Operating Procedures and Safety Management Plan.

A copy of the revised plans for the pontoon, including plan details of the kiosk and an elevation plan of the terminal, is provided at Appendix 3.

A copy of the Operating Procedures and Safety Management Plan is provided at Appendix 4.

In addition, the application addresses each of the 18 operational (Schedule 2) conditions and seeks to vary some of these conditions.  A summary of the applicant’s submission relating to each condition they seek to modify, and a response to each, is provided below.

Condition 3

This consent is limited to a period until 31 December 2016. Prior to the expiry date of this consent, the applicant will be required to submit a new development application for any continuance of the use.

The applicant seeks to have this condition deleted.  They advise that the facility involves significant capital investment and state that the condition brings into question the longevity of its tenure on the river and subsequent long term commercial viability of the facility.

Whilst the required capital investment is noted, it is important to balance the commercial interests of the developer against the overall public interest.  The use provides for greater opportunities for the public to enjoy the recreational aspects of the river.  However, this condition provides Council with some security should there be ongoing problems with the operation of the facility and / or conflicts with other uses on or near the river.  The condition also provides Council with the opportunity to review the operation of the development with regard to the overall planning strategy for the Nepean River and Tench Reserve area.  It is recommended that this condition remain, however, given the fact that it is now March 2014, allow for an increased time period until 1 May 2020.  This will allow sufficient time for the applicant to address any outstanding conditions of consent and licence requirements issued by NSW Trade and Investment whilst still providing an increased time period of operation for the facility.

Condition 4

The operating hours are from 9:30am to one hour prior to sunset, Monday to Sunday.

The applicant seeks to modify the approved operating hours of the facility to as follows:

Summer months – 9:30am to 7:30pm

Winter months – 9:30am to 5:00pm

Roads and Maritime Services has advised Council that they concur with the proposed modifications to the operating hours.

The proposed hours of operation will, on occasion, encroach beyond the official time of sunset in both daylight savings and non-daylight savings periods.  Concern is raised about the potential for conflict between pedal boats and other users of the river in poor light.  Further, once the pedal boats cease operating for the day, Council requires the facility to be moved to the Nepean Belle storage berth.  This movement is best completed during daylight hours, again to avoid the potential for conflict with other users of the river.  The existing condition provides certainty that the facility will only operate during daylight hours and that there will be sufficient light to allow for the movement of the facility at the end of each day.  As such, it is recommended that the condition remain unaltered.

Condition 5

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

The applicant advises that there is no change to existing access for persons with a disability.  Council’s Building Surveyor has reviewed the Section 96(1A) application and recommends that the condition be amended to reflect the need for access to be maintained.

Condition 6

Prior to the commencement of the use, an Accessibility Report is to be prepared addressing the Disability (Access to Premises - Buildings) Standards 2010, in particular detailing the following:

 

·        An accessible path of travel is to be provided from the existing landing to the pontoon.

·        An accessible path of travel from the existing car park within Tench Reserve to the pontoon.

In the event that construction works are required within Tench Reserve, a separate Development Application is to be submitted for these works.

The applicant requests that this condition be deleted.  The applicant has provided details of access in their application.  Council’s Building Surveyor has reviewed the application and notes that the BCA requirements do not apply to this type of structure and has recommended that the condition be amended to reflect the need for the development to operate in accordance with the requirements of the Disability Discrimination Act 1992.

 Condition 7

Prior to the commencement of the use, a Plan of Management is to be prepared in consultation with the Nepean Rowing Club, New South Wales Rowing and Sydney International Regatta Centre. The plan is to ensure the operation of the Charter and Tourism Boating Facility does not conflict or interfere with rowing events to be held on the Nepean River.

The applicant requests that the requirement for a Plan of Management be removed as they state that they have had difficulties in communicating with the Nepean Rowing Club.  The applicant states that they will endeavour to remain informed of upcoming rowing events by subscribing to NSW Rowing’s event notification service and that they will not operate the pedal boats on days when a published rowing event is being held.  The fact that the applicant has attempted to consult with the Nepean Rowing Club demonstrates compliance with this condition.  It is suggested that Council may assist with future discussions given that the Nepean Rowing Club also has concerns over the operations of the pedal boats and, whilst the concerns raised in their submission have been addressed in this report, it is desirable for the Nepean Rowing Club to discuss these concerns directly with the operators of the pedal boat facility.

 

 

Condition 8

Prior to the commencement of the use, an operational plan is to be prepared and submitted to Council for approval, which includes, but is not limited to the following details:    

§  Plans detailing the users of the pedal boats are limited to an area north of the existing landing and outside of the existing rowing lanes within the Nepean River. The area is to be marked through the use of buoys.

§  Details of the placement of the marker buoys within the Nepean River and their subsequent removal during a major rowing event. 

§  Details relating to the operation of the Charter and Tourism Boating Facility without limiting access to the existing landing for other users of the Nepean River.

§  Details of sales and management of the Charter and Tourism Boating Facility within the pontoon area.

§  Procedures for the movement of the pedal boats and associated pontoon from the storage site, being Lot 31 DP 772196, to the existing landing.

§  Safety procedures to protect the users of the pedal boats, including access to a safety boats to assist in the rescue/ return of the pedal boats.

The applicant seeks to modify this condition by removing the requirement for marker buoys as referenced in the first two dot points.  Council has received advice from Roads and Maritime Services which states that they do not concur with the use of marker buoys on the river as they have the potential to be navigational hazards, particularly where there is a high presence of rear facing rowing craft and unpowered recreational craft.  Instead, they propose signage to be placed at the northern and southern boundaries of the pedal boat area stating “Pedal Boats Not Permitted Beyond This Point”.  Roads and Maritime Services has discussed this with the applicant and will work to have the proper signage made.

The potential for conflict resulting from the use of marker buoys is noted.  Concern is raised, however, that the proposed signage will only delineate the length of the pedal boat area and will not adequately define the width of the pedal boat area.  Concern is raised over the potential for pedal boat users to encroach into the area of rowing lanes.  This issue has been discussed with the applicant.  They confirm that they will be briefing users of the pedal boats about the area of operation prior to their use.  Further, they advise that the operators of the facility will be able to use a small boat to direct pedal boat users should they stray into the area used for rowing lanes.  This is not considered to be the most desirable method to control pedal boat users, however, in light of the advice received from Roads and Maritime Services, it is considered a suitable alternative.  It is recommended that the condition be modified to reflect this and the need for signage at the northern and southern ends of the pedal boat area.  It is also recommended that the condition require the Operating Procedures and Safety Management Plan to be modified to better detail the management of this issue, particularly concerning the pre-hire briefing and control of pedal boats that encroach beyond the designated pedal boat area.

Condition 9

Prior to the commencement of the use, details are to be submitted to Penrith Council for approval relating to the implementation of advertising for the Nepean Belle on the pedal boats.

The applicant has advised that there will be little room for advertising on the pedal boats.  In light of this it is recommended that the condition be amended to state that no advertising is to be provided without the prior approval of Council.

Condition 12

The pontoon and pedal boats are to be removed from the Nepean River at the end of each day and stored within Lot 31 DP 772196, No. 102 Factory Road, Regentville.

The applicant seeks to have this condition modified to read: “At the end of each day the pontoon and pedal boats are to be moved from the jetty and transported upriver to the Nepean Belle storage berth.”  This is due to the fact that Lot 31 is separated from the river by Council owned land.  The slipway for the Nepean Belle is located on this Council owned land.  As such no objection is raised to the modification of the condition as requested.

Condition 13

The Charter and Tourism Boating Facility is not to operate during times of flood or any rise in river height.

The applicant seeks to modify this condition to read:

“The Charter and Tourism Boating Facility is not to operate during times of flood or high water where the Roads and Maritime Services deems it necessary to cease operation.”

The original condition had been imposed in response to advice from Roads and Maritime Services.  The applicant requests that the condition be modified as there are occasions when there are slight increases in river height to due releases from Warragamba Dam.  Such releases do not necessarily require cessation of the use as these releases are often at low percentage gate flow rates with little or no increase in river flow.  The applicant has confirmed that they are in regular contact with the Sydney Catchment Authority and Roads and Maritime Services.  The operators of the facility (who are also the operators of the Nepean Belle) and Roads and Maritime Services are advised by the Sydney Catchment Authority whenever there is to be a release of dam water.  Council has received advice from Roads and Maritime Services and they have advised that they would prefer the condition to be as per the wording proposed by the applicant.  No objection is raised to this modification.

Condition 14

The operation of the Charter and Tourism Boating Facility is limited to the use of nine (9) pedal boats on the Nepean River at any one time.

The applicant seeks to have this condition modified to allow for up to 15 pedal boats.  A small barge located to one side of the main pontoon will accommodate all 15 pedal boats.  Council had previously limited the development to nine (9) pedal boats in an effort to maintain public access to the landing and to minimise conflicts with the boat ramp and the river bank.  The applicant has satisfactorily addressed these concerns through the revised information, including details of the area of the river to be used by the pedal boats and the provision of a barge for the mooring of private boats.  The Operating Procedures and Safety Management Plan satisfactorily addresses the provision of 15 pedal boats for the development.  It is recommended that the condition be amended to allow up to 15 pedal boats.

Condition 15

The operation of the Charter and Tourism Boating Facility is not to result in the exclusive use of the existing landing.

The applicant has provided details as to how access for public mooring of boats will be provided.  No objection is raised to their proposal, however, it is appropriate for this condition to remain unchanged.

Additional Matters

The applicant has provided plans of the facility with this Section 96(1A) application.  These plans include an elevation of the terminal building located on the main pontoon.  The overall size of the facility has been increased in order to accommodate a public access pontoon, there is an increase in the number of pedal boats, a mooring for the Eco Tours boat and a kiosk.  It is recommended that an additional condition of consent be added requiring the submission of a schedule of external finishes to be approved by Council prior to the commencement of the use.  It is recommended that the external finishes be non-reflective and in keeping with the natural surrounds of the area.

The modified proposal includes a kiosk.  The application has been referred to Council’s Environmental Health Officer and additional conditions of consent have been recommended to ensure compliance with the Food Act 2003 and associated regulations.

Planning Assessment

The modified development has been assessed in accordance with the matters for consideration under Section 96(1A) and Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act), and having regard to those matters; the following issues have been identified for further consideration.

 

1.   Section 96(1A) of the Environmental Planning and Assessment Act 1979

 

The proposal has been assessed having regard to Section 96(1A) as follows:

 

(a)  it is satisfied that the proposed modification is of minimal environmental impact, and

 

The proposed modifications are of minimal environmental impact.

 

(b)  it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

 

The proposed modifications are substantially the same development to that approved as part of the original development consent.

 

(c)  it has notified the application in accordance with:

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

In accordance with the requirements of Penrith Development Control Plan 2010, the application was placed on public exhibition from 17 September 2013 to 1 October 2013.  A total of two (2) submissions were received.  These submissions have been considered as part of the assessment of the application.  Please refer to the discussion under the Community Consultation section of this report.

 

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

Water Management Act 2000

The original Development Application was referred to the Office of Water under Section 91 of the Environmental Planning and Assessment Act 1979.  The Office of Water advised Council that the proposed development was not considered to be a “Controlled Activity” and therefore no general terms of approval were required.  The application under Section 96(1A) does not alter this.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

The aim of SREP 20 is to protect the environment of the Hawkesbury – Nepean River system by ensuring that the impacts of future land uses are considered in a regional context.  General planning considerations are set out in Clause 5 and the relevant specific planning policies and relevant strategies are set out in Clause 6.  The revised plans submitted with the Section 96(1A) application continue to satisfy the provisions of SREP 20.  In addition, the recommended modifications to certain conditions of development consent also continue to satisfy the provisions of SREP 20.

Penrith Local Environmental Plan 2010

The subject site is zoned W2 Recreational Waterways under the provisions of Penrith Local Environmental Plan 2010. The development is defined as charter and tourism boating facilities which is permissible with development consent.  The proposed kiosk is defined as a kiosk and is also permissible with development consent. 

Clause 2.3(2) of LEP 2010 provides that a consent authority must have regard to the objectives of the zone in determining a development application. The objectives of the W2 Recreational Waterways zone are as follows:

•        To protect the ecological, scenic and recreation values of recreational waterways.

•        To allow for water-based recreation and related uses.

•        To provide for sustainable fishing industries and recreational fishing.

The development provides for a water-based recreational use within the Nepean River that complements the existing water uses.  The Section 96(1A) application does not detract from this.

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

The subject land is proposed to remain zoned W2 Recreational Waterways under the Planning Proposal for the Stage 2 City-wide Local Environmental Plan (LEP). There are no other considerations of relevance to the proposal pursuant to this Planning Proposal and related draft LEP.

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

Penrith Development Control Plan 2010 (DCP 2010)

Consideration has been given to the planning controls contained within Penrith Development Control Plan 2010. Given the unique nature of the development, and its location on the Nepean River, there are no aspects of the Development Control Plan that are considered relevant to the development.

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

Context and Setting

The Section 96(1A) application seeks to increase the size of the pontoon from that originally approved.  In particular, the main central pontoon will now contain the cruise terminal, kiosk and amenities and sufficient room for the mooring of both the Nepean Belle and Eco Tours boats.  The smaller pedal boat barge to one side will now accommodate 15 pedal boats and the other smaller barge on the other side will accommodate mooring of private boats.  These changes to the proposal do not adversely impact on the context and setting of the facility within the Nepean River.  The additional private mooring barge has been provided in response to conditions of development consent and will allow the public to continue to access Council’s landing, thereby ensuring that all members of the public are able utilise the recreational benefits of the area.  The submitted Operating Procedures and Safety Management Plan, together with relevant conditions of consent, will ensure the operation of the facility respects the existing uses of the Nepean River.

Parking

The development relies upon the existing car parking areas available within Tench Reserve and along Tench Avenue.  The Section 96(A1) application seeks approval to increase the number of pedal boats from nine (9) to 15 and it is anticipated that the existing car parking arrangements are satisfactory for this.  It is noted that many of the users of the pedal boats are also likely to be utilising the other recreational and dining options in the immediate area and this negates the need for separate car parking areas for each use.  Given the size of the development and the time limited nature of the development consent, the provision of additional parking is not warranted.

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

 

The Section 96(1A) application does not alter the suitability of the site for the development.  The proposal provides for an additional water based opportunity to utilise the Nepean River that also complements the existing uses of the river.

 

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

Referrals

The application under Section 96(1A) was referred to the following stakeholders and their comments have formed part of the assessment:

Referral Body

Comments Received

Building Surveyor

Recommended modifications to conditions relating to access.

Environmental Health

Recommended additional conditions of consent.

Parks

No objections or comments.

Roads and Maritime Services

No objections or issues.  All issues have been addressed by Operational Procedures and Safety Management Plan.

Community Consultation

In accordance with the requirements of Penrith Development Control Plan 2010, the application was placed on public exhibition from 17 September 2013 to 1 October 2013.  A total of two (2) submissions were received.  The concerns raised in these submissions were as follows:

Submission 1

The Nepean Rowing Club has raised concern over the development as a whole and their submission is not related directly to the issues raised in this Section 96(1A) application.  The main concerns raised by the Club are:

·    The risk of collision with racing skulls, noting that skulls are not able to stop quickly.

·    Control of the pedal boats, particularly given the length of the pedal boat area.

·    Communication and co-operation with the operators of the facility, particularly

concerning changes to events.

·    The impact on visiting state, national and international rowing teams.

·    It would be preferred if the start time of the facility be altered to 10:00am or 10:30am to reduce the likely number of rowers on the river.

·    The Club will not accept responsibility for potential incidents.

Many of these concerns were considered by Council during the original assessment of the application, with a submission having been received from NSW Rowing.  The following conditions were imposed in order to address concerns raised:

·    Condition 3 limited the period of the consent to enable Council to review the operations of the facility after a period of time.  It is recommended that this condition be modified, however, the original purpose of the condition is still achieved.

·    Condition 4 limits the hours of operation for the facility.  The applicant has sought to modify this condition, however, it is recommended that the condition remain unaltered.

·    Condition 7 requires a Plan of Management to be prepared in consultation with the Nepean Rowing Club, NSW Rowing and the Sydney International Regatta Centre.  The applicant has sought to have this condition modified citing difficulties in communications with the Club.  It is recommended that the condition remain and the Club be encouraged to liaise with the applicant so as to ensure that the facility does not conflict with rowing events.

·    Condition 8 requires an operational plan to be prepared addressing, amongst other matters, the delineation of the pedal boat area.  The applicant has sought to modify this condition to delete the requirement for marker buoys and it is recommended that the condition be modified to require signage marking the northern and southern boundaries of the pedal boat area and appropriate controls for the width of the pedal boat area.  This will include the requirement for pre-hire briefings and a system for the operators of the facility to access pedal boats that might stray beyond the designated area.  This will require amendments to the submitted Operating Procedures and Safety Management Plan to address this issue.

Submission 2

A submission has been received from the operator of the Nepean River Cafe which operates under licence within Tench Reserve.  The cafe operator raises concern over the proposed kiosk included as part of this Section 96(1A) application.  The concerns raised by the cafe operator include that the kiosk replicates an existing use, that the kiosk will provide an unacceptable level of competition and that the facility will not add to the amenity of the precinct.  The cafe operator is also of the understanding that there is a 200 metre exclusion zone from their business prohibiting any competing business within this area.  They believe that this exclusion zone is contained with their agreement with Council.

The proposed kiosk will offer pre-packaged take-away foods such as ice-creams, pies, sausage rolls, tea, coffee and drinks.  The proposed kiosk is located within the terminal on the main pontoon of the facility.  The kiosk is not located within Tench Reserve.

Council’s Property Development Department did not support a kiosk with the original proposal as there was concern it was in conflict with the existing lease agreement for the operation of a kiosk within Tench Reserve.  This has been resolved through a review of the existing agreement.  Council’s Property Development Department has advised that there is no reference to a 200 metre exclusion zone.  Council’s Property Development Department now raise no objection to the application.

Whilst the concerns raised by the cafe operator are understood, there is no planning basis for refusal of the proposed kiosk.

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

The proposed modifications to the facility continue to maintain the public interest.  The proposal is consistent with the requirements of the Environmental Planning and Assessment Act 1979 in so far as it promotes the co-ordinated, orderly and appropriate use of the Nepean River.  The existing and recommended conditions of consent will further serve to ensure that the development is consistent with the public interest.

 

Section 94 Contributions

No Section 94 contributions are applicable to the proposed development.

Conclusion

The proposed development has been assessed against Section 96(1A) and the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  The proposal is substantially the same as the original development and it is considered appropriate to modify certain conditions of consent as detailed in this report.

In addition, the application has provided a submission with respect to the Schedule 1 conditions of the Deferred Commencement Consent.  The applicant has satisfactorily addressed, or satisfactorily attempted to address, the Schedule 1 conditions.  It is recommended that Council accept the applicant’s response to the Schedule 1 conditions and, as such, issue an Operational Consent for

the development.

 

RECOMMENDATION

That:

1.     The information contained in the report on the Section 96(1A) Application DA12/0961.01 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith be received.

2.     Council accept the applicant’s response to the Schedule 1 conditions and, as such, issue an Operational Development Consent for the development.

3.     Condition numbers 3, 5, 6, 8, 9, 12, 13 and 14 be amended to read as follows:

·             Consent Condition No. 3: This consent is limited to a period until 1 May 2020. Prior to the expiry date of this consent, the applicant will be required to submit a new Development Application for any continuance of the use.

 

·   Consent Condition No. 5:  Access for persons with disabilities is to be provided and maintained to the “Cruise Terminal” building in accordance with AS 1428 “Design for Access and Mobility”.

 

·   Consent Condition No. 6: The development should operate in accordance with the requirements of the Disability Discrimination Act 1992.

 

·   Consent Condition No. 8: Prior to the commencement of the use, an operational plan is to be prepared and submitted to Council for approval, which includes, but is not limited to the following details: 

§  Details of proposed signage at the northern and southern end of the pedal boat area.  The pedal boat area is to be limited to an area north of the existing landing and outside of the existing rowing lanes within the Nepean River.

§  Details of the control of pedal boats from encroaching beyond the designated area.  This is to include details of a pre-hire briefing and a system for the operators of the facility to access pedal boats that might stray beyond the designated area.

§  Details relating to the operation of the Charter and Tourism Boating Facility without limiting access to the existing landing for other users of the Nepean River.

§  Details of sales and management of the Charter and Tourism Boating Facility within the pontoon area.

§  Procedures for the movement of the pedal boats and associated pontoon from the storage site, being Lot 31 DP 772196, to the existing landing.

§  Safety procedures to protect the users of the pedal boats, including access to a safety boats to assist in the rescue/return of the pedal boats.

 

·   Consent Condition No. 9: No advertising is to be provided on the pedal boats without the prior approval of Council.

 

·   Consent Condition No. 12:  At the end of each day the pontoon and pedal boats are to be moved from Council’s landing and transported upriver to the Nepean Belle storage berth.

 

·   Consent Condition No. 13: The Charter and Tourism Boating Facility is not to operate during times of flood or high water where the Roads and Maritime Services deems it necessary to cease operation.

 

·   Consent Condition No. 14: The operation of the Charter and Tourism Boating Facility is limited to the use of fifteen (15) pedal boats on the Nepean River at any one time.

 

4.     The following conditions of consent be added:

·   Consent Condition No. 19: A schedule of external finishes is to be submitted to Council for approval prior to the commencement of the use.  The external finishes are to be non-reflective and in keeping with the natural surrounds of the area.

 

·   Consent Condition No. 20:  Standard condition A012

 

·   Consent Condition No. 21: Standard condition A021

 

·   Consent Condition No. 23: Standard condition D014

 

·   Consent Condition No. 24: All food shop construction works shall be carried out in accordance with the requirements of AS 4674-2004 Design, Construction and Fit-Out of Food Premises, the Food Act 2003 and the Food Regulation 2010.

 

·   Consent Condition No. 25: The designated hand wash basins in the food preparation area must be supplied with warm water through a common spout in compliance with AS 4674-2004. This hand wash basin must also be supplied with liquid soap and disposable paper towel. All hand wash basins must be hand free operated as required by Section 4.4 of AS 4674-2004.

 

·   Consent Condition No. 26:  In addition to the hand wash basins located in the food preparation area, a hand wash basin provided with warm water through a common spout must be installed in the toilet area. This hand wash basin must also be supplied with liquid soap and disposable paper towel. A receptacle for used paper towels shall be provided, all in compliance with Section 4.4 of AS 4674-2004.

 

·   Consent Condition No. 27: The kitchen must contain a double bowl sink or a dishwasher and single bowl sink to allow for cleaning and sanitising as specified in Section 4.1 of AS 4674-2004. If an above counter commercial dishwasher is to be installed, a mechanical ventilation exhaust must be fitted in compliance with Section 2.5 of AS 4674-2004.

 

·   Consent Condition No. 28:  All floor, wall and ceiling finishes throughout the premises must comply with AS 4674-2004. Coving shall be installed at the intersection of the floors with the walls.  No exposed wooden shelving is permitted as per Section 3.1.5 of AS 4674-2004.

 

·   Consent Condition No. 29:  Adequate pest proofing must be provided to all entrances and windows, including servery windows, to prevent entry of flying insects as per Section 2.1.6 of AS 4674-2004.

 

·   Consent Condition No. 30: All fixtures, fittings and equipment must comply with AS 4674-2004, Section 4.

 

·   Consent Condition No. 31:  All pipes, conduits and electrical wiring shall either be concealed floors, plinths, walls or ceilings or otherwise fixed on brackets so as to provide at least 25mm clearance between the pipe and the adjacent vertical surface and 100mm between the pipe and any horizontal surfaces as per Section 3.2.9 of AS 4674-2004.

 

·   Consent Condition No. 32: Prior to the operation of the food business, the business must notify their details with the NSW Food Authority.

 

·   Consent Condition No. 33: If the business sells any potentially hazardous ready to eat food, a Food Safety Supervisor with a current Food Safety Supervisor Certificate recognised by the NSW Food Authority must be appointed prior to the commencement of the business.

 

·   Consent Condition No. 34:  A satisfactory inspection from Council’s Environmental Health Department is required prior to the commencement of the use. The occupier is to contact Council to organise an appointment at least 72 hours prior to the anticipated commencement date.

 

5.     Those persons who made submissions in respect of the application be notified of Council’s decision.

 

ATTACHMENTS/APPENDICES

1. View

Ordinary Meeting 25 February 2013 Council Report

14 Pages

Appendix

2. View

Site Plan

1 Page

Appendix

3. View

Pontoon & Kiosk Plans

4 Pages

Appendix

4. View

Operating Procedures and Safety Management Plan

8 Pages

Appendix

  


Ordinary Meeting                                                                                                                24 March 2014

Appendix 1 - Ordinary Meeting 25 February 2013 Council Report

 















Ordinary Meeting                                                                                                                24 March 2014

Appendix 2 - Site Plan

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 3 - Pontoon & Kiosk Plans

 





Ordinary Meeting                                                                                                                24 March 2014

Appendix 4 - Operating Procedures and Safety Management Plan

 

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Ordinary Meeting                                                                                                 24 March 2014

 

 

 

6

DA13/0288.01 Proposed Section 82A application for review of determination - proposed subdivision into 21 residential allotments, road construction and dedication of Bio-retention Basin. DA12/0786.02 Section 96 Application to modify the boundary of an approved two lot subdivision and amend condition 6 (c) of the consent regarding vegetation matters at Lot 1 DP1144668 (No. 86-94) Andromeda Drive, Cranebrook
  Applicant:  Whelans Insites Pty Ltd;  Owner:  Trustees Roman Catholic Church
   

 

Compiled by:               Jonathon Wood, Consultant Environmental Planner

Hannah Van De Werff, Acting Senior Environmental Planner

Authorised by:            Julie Condon, Acting 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 receipt of two (2) applications for subdivision works at No. 86-94 Andromeda Drive, Cranebrook. Details of the applications are as follows:-

DA12/0786.02 is a Section 96(1A) Modification Application seeking amendment to an approved two (2) lot subdivision. The subdivision was approved by Council on 9 November 2012 with one lot containing the Corpus Christie Primary School facilities and the other being a residue allotment. The proposed modification seeks to amend the proposed internal boundary separating the two lots and also seeks amendment of Condition 6(c) of the original development consent which relates to vegetation management on the site. 

The proposed realignment and amendment of Condition 6(c) responds to a separate Development Application for a proposed residential subdivision as outlined below.

DA13/0288.01 is a Section 82(A) Review of Determination Application seeking approval for a 21 lot residential subdivision on the abovementioned residue lot.

The original application (DA13/0288) was refused by Council under delegated authority on the grounds of inadequate information with respect to proposed infrastructure, water quality treatment measures and vegetation management on the site. The amended proposal provides a detailed Vegetation Management Plan and a commitment to the ongoing maintenance of a bio-retention basin for several years prior to dedication to Council.  The new vegetation management plan will therefore replace the current site management report and commitments conditioned within Condition 6(c) of Development Consent 12/0786.

The site is zoned 2(b) Residential (Low Density) under the provisions of Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).  Clause 34 of the LEP states that subdivision of land to which LEP 1998 applies requires development consent.  Both applications comply with the minimum lot sizes and lot widths contained within Clause 10 of the LEP.

In accordance with Chapter 2.7 of Penrith DCP 2006, the proposed developments have been notified as follows:-

DA12/0768.02: The proposed amended development was notified to a total of 46 property owners and residents 12 December 2013 and 10 January 2014. No submissions were received to the proposal.

DA13/0288.01: The proposed development was notified to a total of 57 property owners and residents between 5 December 2013 and 10 January 2014. One (1) submission was received in response and this submission is addressed further in this report.

An assessment under Sections 5A, 79C, 96(1A) and Section 82A of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) has been undertaken and the  applications adequately address the relevant provisions of the Act including previous grounds for refusal (DA13/0288). As a result the proposals are both recommended for approval subject to conditions.

 

Background

Council records indicate development consent for the site was granted under BA943942 for the construction of a school. Council has since issued various approvals for improvements to the site including the temporary use of Proposed Lot 101 for Xavier College which has now ceased.

On 7 May 2007, approval was granted (under DA06/1517) for a torrens title subdivision creating 2 lots. That consent however lapsed and the lots were never registered with Land and Property Information (LPI). As a result a new development application was lodged with Council and granted approval under delegated authority (DA12/0786) on 9th November 2012 for the same 2 lot Torrens title subdivision. Condition 6 of the consent under this DA required further development to be considered having regard to Vegetation Management and Access Service and Drainage provision.

On 14 November 2013, Council under delegated authority refused an application for a 23 lot subdivision (subsequently amended to 21 lots through the assessment process) on the grounds of inadequate information with respect to proposed infrastructure, water quality treatment measures and vegetation management on the site.

Subsequent to the refusal the proponent met with Council staff to discuss the reasons for refusal and a number of amendments were suggested and discussed that would resolve the issues raised.

Site and Surrounds

The subject site is situated on the eastern side of the existing Corpus Christi school and is currently vacant (See Attachment 1). The site is interpreted to be located to the rear of the site from the Andromeda Drive frontage however it also features a frontage to The Northern Road (113.65m to the west) and Cassar Crescent. The northern boundary is 183.985m and southern boundary (orientated to the rear boundary of existing residential dwellings within Goldmark Crescent) of 192.415m. The total land area is 2.017 Hectares and it features a gentle fall from the east to the west.

The site is currently vacant however was previously occupied by demountable buildings used for education purposes (See Attachment 1 for recent aerial view of site).

The site features a significant amount of dense vegetation to its perimeter with isolated standards of trees ands shrubs also being contained through the site. The site is listed to contain Ecologically Endangered Community which has been subject to conservation requirements under previous environmental reports and site management plans. 

The subject site is not bushfire affected under Councils current or draft bushfire map. A letter from an accredited Bushfire Consultant has been received (dated 5 June 2013) which confirms that the vegetation cannot lawfully be mapped as bushfire prone vegetation and therefore is not affected by the requirements of Section 96(1) of the EP&A Act 1979,  Section 100B of the Rural Fires Act 1997 and Planning for Bushfire Protection 2006.

The surrounding area is characterised by well established low density residential development and an existing education facility to the west (Corpus Christie Primary school).

The Proposed Development

Section 96 Modification Application 12/0786.02 seeks approval to amend the internal boundary of the approved subdivision. The approved and proposed lot configurations (displayed in Attachment 4 and 5) is detailed as follows:

Approved boundary and lot areas:

Lot Number

Site Area

Lot frontage

Lot 100

2.765Ha

183.95m

Lot 101

2.017Ha

150m

Proposed boundary and lot areas:

Lot Number

Proposed Site Area

Proposed Lot frontage

Lot 100

2.77Ha

184m

Lot 101

2.011Ha

148.95

The proposed realignment accounts for a Vegetation Management Area (VMA) within the school site (Lot 100) to provide a protected area of vegetation and also serves as a vegetated buffer between the future residential interface and the existing school site. It also responds to a separately proposed lot to the north western portion of proposed lot 101 which is to be used as a bio-retention basin (stormwater treatment area) lodged as part of the review of determination application. The proposed modification will therefore result in a slightly greater amount of land remaining on the proposed Lot 100.

Development Application DA13/0288.01 seeks approval for the following works:-

    Torrens Title subdivision into 21 residential lots with a residue lots ranging in size from 570m2 to 1614m2 with 15-23m frontages and a residue lot.

    Relocation of Ecologically Endangered Community along the proposed boundary of the existing school (to the west) and the boundary with existing residential lots to the north. The vegetation would be managed in the future in part by the School (for those located on school site) and partly by future landowners;

    The residue lot is to contain the bio-retention basin to be constructed and maintained for a number of years by the proponent before being dedicated to Council;

    Construction of a new road with a cul-de-sac head that will connect to Cassar Crescent along with additional drainage works within the road and partial upgrade to existing pipes in Cassar Crescent;

    Restoration and Re-vegetation of the nominated Vegetation Management Areas (contained within the Vegetation Management Plan) and the planting of additional trees along the western boundary within the School Site at a rate of 2 trees for every 1 tree to be removed on the site.

Planning Assessment

The development applications have been assessed in accordance with the matters for consideration under Section 5A, 82A, 79C and 96(1A) of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

1.   Section 96- Modification to consent generally

Having regard to the provisions of Section 96 of the Act. The proposed modification (DA12/0786.01) is unlikely to have adverse environmental impact and therefore can be assessed under Section 96(1A) of the EP&A Act. A summary of the developments’ performance against the main points of consideration is contained herein:

(a)   Is the proposed modification of minimal environmental impact?

 

The proposed modification comprises a minor portion of land being allocated to proposed Lot 100 (existing Corpus Christie School site). The alignment responds to the future character of proposed Lot 101 and will facilitate a boundary alignment which responds to the environmental qualities of the area.

The boundary alignment will have no adverse environmental impact.

      

(b)   Is the development to which the consent as modified relates substantially the same development as the development for which the consent was originally granted ?

The proposed boundary realignment does not increase the lot yield, does not compromise the existing urban form and will facilitate the effective management of vegetation on each of the proposed parcels of land. The development is substantially the same as that originally granted under DA12/0786.

 

(c)   Has the modification been notified in accordance with:

(i)  the regulations (if the regulations so require) or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent

(d)   If so, have submissions been considered?

 

The proposed modification has been neighbour notified in accordance with the Regulation and Chapter 2.7 of Penrith DCP 2006 and no submissions were received.

2.   Section 5A- Significant effect on threatened species, populations or ecological communities or their habitats

Section 5A of the Environmental Planning & Assessment Act requires that, in the administration of Section 79C, consideration of several matters be undertaken in regard to the effect on threatened species, populations or ecological communities, or their habitats as a result of a development.

The subject site contains Endangered Cooks River/Castlereagh Ironbark Forest which is highly modified due to clearing, weed invasion, loss of most of the understorey and encroachment. Furthermore the remaining vegetation is located in a long linear strip. Vegetation on the site supports numerous specimens of endangered flora Grevillea junipurina and Dillwynia tenuifolia as well as providing limited habitat for native fauna.

 

Historically, the site has been managed in accordance with a Site Management Plan (Gunninah Environmental Consultants 2000) which required the retention and protection of all areas of native vegetation on the site east of the school (proposed Lot 101). Areas known to contain native vegetation were found to be generally located to the perimeter of the eastern portion of the site. In addition isolated stands of listed species were also located throughout the site and these species are currently fenced and protected in accordance with the recommendations of the Site Management Plan.

 

Following Xavier College vacating the site, the land affected and disturbed by the temporary use was to be established as a soft play area and was subject to landscape embellishment. These works were bonded with Council and established in accordance with the recommendations of the Post Implementation Report (Gunninah Environmental Consultants 2000).

 

A Flora and Fauna Report was provided with the current subdivision application to demonstrate that the development would not have adverse impact on listed communities under the Threatened Species Conservation Act (TSCA) 1995. In addition a Vegetation Management Plan was prepared to guide translocation and management of species on the site to the Vegetation Management Areas (VMA’s) and also to restore the VMA’s to remove weeds and invasive species. The Vegetation Management Plan has also informed the design and the overall landscape concept prepared by NBRS + Partners and the proposed plan of subdivision. This has resulted in the identified protection of existing vegetative corridors, particularly in those areas identified as providing ecological value in the previously prepared Site Management Plan (Gunninah Environmental Consultants 2000).

Furthermore, the proposal provides for the management and retention of the majority of existing trees on the site via the translocation of existing shrubs and the replacement of trees removed at a rate of 2 trees per 1 tree removed. The subdivision layout enables retention of large areas of vegetation along the western and northern boundaries as well as along the interface with the Northern Road. The ecological impacts of the development are satisfactory given the design of the subdivision and the information contained in the supporting Vegetation Management Plan that will provide for long term protection and maintenance of the endangered species on the site.

With respect to re-vegetation and protection of existing vegetation it is recommended that restrictions on title be incorporated for Lots 1-9, Lot 20, and Lot 21 requiring preservation and protection of existing vegetation as per the diagram in Attachment 6. Vegetation removed from the development is to be translocated and embellished also as per the diagram in Attachment 6 (western boundary adjacent school).

The Flora and Fauna Assessment and Vegetation Management Plan have been reviewed by Council’s Senior Biodiversity Officer and found to be satisfactory.  Therefore the provisions of Section 5A are satisfied as the proposal will not have a significant effect on threatened species, subject to implementation of the VMP that forms a condition of consent.

Given these findings, it is also considered appropriate to amend Condition 6(c) of Development Consent 12/0786 to ensure that the commitments reflected within the new Vegetation Management Plan are consistent between the two applications.  

3.   82A Review of Determination

Section 82A of the Act provides a mechanism to enable an applicant to request that a consent authority review its original decision and make amendments to the development described in the original applications.

The development proposal is not excluded based on the type of development, and the request has been made within six (6) months in accordance with Section 97 of the Act. Minor amendments to the original development proposal have been made to address the grounds for refusal however the proposal is substantially the same development.

It is noted that the application was notified and one (1) submission has been received and this is discussed further in this report. 

The 82A review is reported to full meeting of Council given that the previous refusal was undertaken under delegated authority by the Assessment Panel (A-team).

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

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

The aim of this policy is to ensure that the land on which a development is proposed is not contaminated. Council is obliged, as a part of the development assessment process, to investigate previous land uses and determine whether potential contamination has taken place on the site.

Historically the subject site has been used by the adjoining school as an educational establishment and therefore the land use does not give rise to any potential for contamination issues. Accordingly, Council is satisfied that the provisions of this SEPP have been satisfied and no remediation of land would be required under SEPP 55 as the site is not contaminated.

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

SREP No. 20 applies to the subject land and stipulates that the consent authority shall not grant consent to an application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aims of SREP 20. 

The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality. The proposed infill residential development would have minimal impact in respect to the overall impact on water quality given the context and setting of the existing urban environment. The provision of the bio-retention basin will also improve (reduce) the overall impact of the development on water quality and the treatment device aligns with Councils recently adopted Water Sensitive Urban Design (WSUD) Policy.

The development satisfies SREP 20 and presents a good outcome that aligns with Councils Policy Direction in terms of the management and treatment of stormwater.

Penrith Local Environmental Plan 1998- Urban Lands (LEP 1998)

The subject site is zoned 2(b) Residential (Low Density) under Penrith LEP 1998 (Urban Lands). The proposed Torrens Title subdivision is permissible in the zone providing it demonstrates consistency with the zone objectives.

The aims and objectives of the 2(b) Residential (Low Density) zone are:

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

(ii) to promote the established urban and landscape character of traditional residential subdivisions by limiting the range of permissible uses, and

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

The proposed development is consistent with the aims and objectives based on the following assessment:

·   The proposal provides for retention of significant vegetation on the site and is sensitive to the site constraints presented by the existing Endangered Species on the site;

·   The proposal is consistent with the broader locality in terms of the established urban and landscaped character observed within Cranebrook and the allotments are appropriately sized and dimensioned to present a compatible form of subdivision;

·   The proposal complies with key controls pertaining to lot size and lot width which indicates that the proposal is an appropriate form of development in the 2(b) zone.

The objectives of Clause 10 (Subdivision Controls Generally) are:

(a)  provide for development that promotes housing choice,

(b)  encourage lot dimensions and lot areas appropriate for development permissible in each zone,

(c)  maintain the prevailing settlement patterns in each of the residential and rural-residential zones, and

(d)  permit “strata” subdivision of dual occupancy and multi-unit housing development.

 

The configuration of the proposed subdivision satisfies the objectives as it:

·    Is conducive to the low density residential zone;

·    Is likely to result in an increase to the dwelling yield in the locality;

·    The subdivision design is conservation of the existing environmental qualities and;

·    The subdivision pattern is consistent with the surrounding character of the area.

The table below demonstrates the proposed subdivision layout is consistent with the numerical requirements prescribed in Clause 10 of LEP 1998.

Development Standard (Clause)

Requirement

Proposed

Complies

Subdivision controls generally

 

(Clause 10 )

 

Minim Lot size for Standard Lot: 550m2

Internal Lot: 650m2

 

Minimum Lot width: 15m

 

Min lot size:

Standard: 570m2 – 1614m2

Internal: 896m2 (1 only)

 

Min. lot width: 15m

 

 

Yes

Yes

 

Yes

Clause 14 (Provision for design principles in development generally)

The development is satisfactory for the purpose of this clause as it is consistent with the following considerations:

(a)  reinforcement and protection of local topography and setting,

(b)  reflection of the forms, features or qualities of traditional residential neighbourhoods across Penrith local government area,

(c)  consistency or compatibility with the scale, design and amenity of neighbouring development,

(d)  contribution to attractive streetscapes through the diversity of building forms and landscaped areas that can be seen from any public place nearby,

(e)  provision for contemporary standards of amenity within each dwelling and the associated private open space,

(f)  preservation and enhancement of any significant vista that currently might be available from a public place nearby.

 

The proposal incorporates a comparable subdivision pattern to adjoining development and is sensitively designed to mitigate impacts to the Endangered Ecological Community on the site. The lot sizes and dimensions are appropriate to accommodate future dwellings which can be sited clear of existing vegetation along the northern boundary. This is due to the fact that these allotments are much larger that the lots on the southern side of the proposed road.

The proposed modification application also improves the overall outcome for each parcel of land as it affords more land to the school site which provides:

 

(a)  improved opportunity for protection of local settings and character (i.e. vegetation corridors and management areas);

(b)  Provides a suitable standard of amenity to future dwellings on the residue lot (Proposed Lot 101) by providing visual and acoustic buffers between the school site and the future residential subdivision;

(c)  Preserves and enhances vistas and streetscape qualities to the Cassar Crescent interface for both parcels of lands with the even distribution of vegetation (through translocation and preservation measures).

As a result the proposals are satisfactory with respect to Penrith Local Environmental Plan 1998 (Urban Land).

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

Penrith Draft LEP 2010 – Stage 2

The Draft PLEP 2010 is a ‘like for like’ conversion of existing controls and as such contains limited controls applying to the current proposal.

The Draft LEP zones the site R2 Low Density Residential with a minimum allotment size of 550m2 and all lots satisfy the minimum lot size requirement under the this draft instrument.

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

Penrith Development Control Plan 2006

The proposed subdivision applications satisfy the relevant sections of Penrith DCP 2006. An address of the relevant provisions is provided below:

·    2.2 Design Principles: The design of the allotments provides good solar orientation as shown on the submitted plans with open space and living areas able to receive solar access at mid-winter given the relatively long allotments on a north/south orientation. In addition the allotments are designed to enable retention of the existing trees on the site and to provide a consistent subdivision pattern with surrounding development.

 

·    2.3 Allotment Orientation: As shown on the submitted drawings the allotment orientation is amenable to good solar access to living areas and private open space by providing longer allotments that are oriented north/south;

 

·    2.4 Site Frontage: The allotment frontage is consistent with the LEP frontage control and sufficient to accommodate a contemporary dwelling on each allotment;

 

·    2.5 Allotment Dimensions:  The allotments are greater than 550m2 and provide for sufficient space to accommodate a two (2) storey dwelling whilst maintaining appropriate setbacks and landscaped area, with an area greater than 10m by 12m provided to each allotment (after taking into account required setbacks);

 

·    2.6 Road Network: The proposal provides for the construction of a new road to connect to the existing road network in Cassar Crescent with an appropriate intersection treatment that has been reviewed by Council’s Development Engineers and found to be satisfactory. The proposed road design and access arrangement has been prepared in response to recommendations of a Traffic Impact Statement (dated April 2013). The information contained in the report demonstrates:

(a)  The proposed Road No. 1 design facilitates sight distances which comply with AUSTROADS requirements;

(b)  Traffic flow volumes to the local and broader road network do not result in the prescribed environmental capacity of Cassar Crescent being exceeded;

(c)  The design of the proposed intersection encourages a north/south priority movement to discourage vehicle movement to the western extent of Andromeda Drive and encourage traffic flow to the eastern extent which features safer site distances in accordance with the AUSTROADS recommendations;

(d) Whilst the above has been provided for, the report accounts for a small proportion of traffic related to the proposed development utilising the western Cassar Crescent intersection as it provides a more direct route for motorists destined south. However, the sight distance at the intersection of Andromeda Drive and Cassar Crescent in this location, (west) is sufficient to allow motorists to undertake a left had turn from Cassar Crescent into Andromeda Drive. Based on the data collection and envisaged traffic volumes, these movements are expected to occur with minimal delay.

 

 

·    2.8 Landscaping and Site Design: Landscaping in front of allotments is proposed in the form of Grey Box and Rough-Barked Apple trees, as shown on the submitted landscape plan.

 

The subject site contains remnants of Shale Plains Woodland, Shale/Gravel Transition Forest and Cooks River Castlereagh Ironbark Forest.  As this application is a paper subdivision and does not involve removal of any existing trees, it was previously considered that a new VMP would not be warranted for the development. As such, reliance on the Flora and Fauna Assessment and Site Management Plan prepared under DA01/1552 for the temporary use of land for Xavier College High School (temporary use of site) was considered to be sufficient. Consequently, to ensure the management of the site in accordance with that plan, Condition 6(c) was imposed ensuring that the existing Site Management Plan (dated November 2000) be applied to the title to enforce the recommendations of the VMP.

 

At the time the subject Section 96 application was lodged, a Section 82A Review of Determination application for further development of proposed Lot 101 was also being considered (DA13/0288.01). This proposed development now warrants a new VMP necessitating amendment of Condition 6(c) for consistency. A revised VMP has been submitted (in consultation with Council planners and biodiversity officers) to detail translocation of fenced portions of vegetation which threatened plant species and the protection of existing vegetation on proposed Lot 101. The development of proposed lot 101 will then result in a Vegetation Management Area (see Attachment 6) within the Corpus Christie Primary School site (Proposed Lot 100). It is recommended, to utilise this opportunity to secure improved management outcomes and delineate the Vegetation Management regimes over the school site and the future subdivision of Proposed Lot 101 (currently before Council under DA13/0288.01). As such it is recommended Condition 6(c) be revised to make reference to the new VMP (prepared by SLR Global Environmental Solutions, dated 16 January 2014) which will ensure the vegetation is managed in accordance with that plan, in perpetuity unless otherwise approved by Council.

 

·    2.9 Services: The proposal will involve delivery of essential services and the bio-retention basin is consistent with Council’s WSUD Policy;

 

·    2.10 Drainage: The proposal will result in an upgrade to the road drainage system within Cassar Crescent. This upgrade is to accommodate the additional volume of stormwater resulting from the development, ensuring stormwater is conveyed to the street network without compromising the diversion, damming or redirection of stormwater on the surrounding land. In addition the bio-retention basin provides for treatment of stormwater to achieve the requirements of Council’s WSUD Policy;

 

·    2.12 Environmental Site Management: Erosion and sediment control measures will be installed during construction.

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

This section is not applicable for the subject application.

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

Natural Environment Impacts

The proposed modification to the internal approved boundary alignment has brought an opportunity to update the existing site management plan with an all encompassing Vegetation Management Plan for each of the parcels of land (proposed Lot 100 and Lot 101). The Vegetation Management Plan has been revised in consultation with Council officers (including Councils Biodiversity Officer) to ensure it adequately accounts for best practice in the management and protection of the vegetation on each of the parcels of land. The plan satisfactorily responds to the protection, maintenance and enhancement of significant pockets of vegetation on the site. The development will also see the translocation of isolated stands of species into the school site as well as the provision of replacement planting of removed species at a rate of two trees to everyone removed, within the management of the school site.

The proposed residential subdivision layout also enables the retention of large areas of vegetation along the western and northern boundaries as well as along the interface with the Northern Road. As discussed previously in this report the ecological impacts of the development are satisfactory given the design of the subdivision and the information contained in the supporting Vegetation Management Plan that will provide for long term protection and maintenance of the endangered species on the site.  In summary, the opportunity to capture requirements of the Vegetation Management Plan (as revised) and registration of its requirements on the title of each lot is paramount to the management of vegetation on both the existing school site the future residential subdivision (before Council under DA13/0228.01). As a result of this existing areas of significant vegetation (mostly to the perimeter of Proposed Lot 101, will be restricted on title as ‘setback zones’) in accordance with the VMA. This is reflected within the recommended conditions of consent.

The proposed bio-retention basin is a positive outcome that aligns with Councils recently adopted Water Sensitive Urban Design Policy in terms of ensuring stormwater is treated to a high level to enable discharge of ‘clean’ stormwater. The proponent has committed to the construction and maintenance of the basin until 80% of the development (subdivision and housing) is constructed. After this time the bio-retention basin will be handed back to Council, noting bonds are proposed in order to ensure works are completed to the satisfaction of Council and there will be periodical inspections by Council staff and a final handover inspection completed.

The character of the place and its local and regional context

The proposed boundary adjustment being considered under the Section 96 Modification Application has no impact on the original assessment of the application in regard to character and setting of the site in its local and regional context. However, vegetation management measures (as mentioned above) are likely to secure positive outcomes through the provision of high quality urban forms with idealistic streetscapes comprising of native vegetation.

The proposed residential subdivision under the Review of Determination Application is also consistent with the subdivision pattern of the immediate locality and provides housing opportunities in the area which will have specific regard to the environmental constraints on the site.

Traffic Impacts

The additional 21 residential allotments will have limited impact on the local traffic network with the Traffic Assessment submitted with the application outlining that the traffic impacts of the development are satisfactory as is the design of the proposed new road. This has been reviewed by Councils Traffic Engineer and found to be satisfactory.

Acoustic Impacts

An Acoustic Report was submitted with the application to demonstrate that the proposal will not result in unreasonable impacts to adjoining properties in terms of acoustic impacts. In addition the proposed dwellings will not be  unreasonably impacted by noise from the school or from road traffic noise, subject to mitigation measures including glazing thicknesses that are reinforced by recommended conditions of consent (See recommended condition 2.6).

 

Infrastructure & Services

The proposed development involves the upgrade of existing infrastructure in Cassar Crescent to accommodate for the additional flows from the proposed subdivision. The roadway piped system is required to be designed to the 1 in 5 year storm event and this requirement has been appropriately considered in the stormwater drainage strategy provided to Council. Councils Development Engineer has reviewed the strategy and is satisfied that the proposed infrastructure upgrade will comply with Council requirements.

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

 

The proposed subdivision of the site will not diminish the character of the area and will not adversely impact upon the rural quality of the locality. The site is considered suitable for the proposed development, noting that the proposal has addressed the key constraint of existing vegetation on the subject site.

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

Referrals

The applications were referred to the following stakeholders and their comments have formed part of the assessment of each applicable application:

Referral Body

Comments Received

Traffic Engineer

No Objections.

Environmental Health

No Objections- subject to conditions.

Environmental Management (Biodiversity)

No Objections subject to conditions.

Development Engineer

No Objections subject to conditions, including conditions for upgrade of existing drainage infrastructure.

Environmental Management (Waterways)

No Objections subject to conditions.

City Works

No bio-retention basin preferred given ongoing maintenance*

Parks

No bio-retention basin preferred given ongoing maintenance*

* It is noted that while there is a long term maintenance requirement for the bio-retention basin, the proponent is to construct and maintain the basin during construction and up to 80% completion of housing which is estimated at some $70,000 and contains the significant establishment and maintenance costs of the bio-retention basin. In addition Council has recently adopted a Water Sensitive Urban Design (WSUD) Policy that requires new development to meet Water Quality criteria, with bio-retention basins being an integral part of this policy. Therefore the ongoing maintenance costs are considered to be an acceptable and necessary component of enforcing the WSUD Policy.

Community Consultation

In accordance with Chapter 2.7 of Penrith DCP 2006, the proposed development has been notified as follows:-

DA12/0786.02: The proposed modifications were notified to a total of 46 property owners and residents between 12 December 2013 and 10 January 2014. No submissions were received to the proposal.

DA13/0288.01: The proposed review of determination was notified to a total of 57 property owners and residents between 5 December 2013 and 10 January 2014. One (1) submission was received in response and this submission.

The issues raised in the received submission to the review of determination application are addressed in the table below:

 

Issue Raised

Comment

Traffic Issues at intersection of Andromeda Drive and The Northern Road.

 

The upgrade to the Northern Road is ongoing and subject to current works to upgrade the road by RMS. The current proposal will have limited impact on the functioning of the intersection.

 

Historical removal of vegetation on the broader school site and ongoing issues regarding

The current proposal provides for retention of existing vegetation on the site and restores existing damage/degradation within the existing Vegetation Management Area.

 

Reduction in size of play space for children.

The original allotment was intended to also accommodate Xavier College which has been established in Llandilo and therefore the current oval on the subject site is surplus to the needs of the school.

 

Historical and current non-compliances associated with the existing school, including:

·    Lack of car park lighting;

·    Use of site for church purposes concurrently with school;

·    Noise problems before and after school from children near bus area/front gates;

·    Hall used prior to 8am on Sundays;

·    Noise from existing speed hump 

 

These matters are separate to the current proposal and are being separately investigated by Council staff.

The submission does not warrant amendment of the application as the issues raised have been satisfactorily addressed or are separate to the current application.

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

In assessing this application against the current relevant planning instruments being Penrith LEP 1998- Urban Lands and Penrith DCP 2006 the proposal is found to be satisfactory. The proposal is considered to be consistent with the character of the area and will not have a negative impact on the surrounding environment. The proposal will also deliver additional housing within an established area to make use of existing infrastructure and facilities. Therefore the proposal is in the public interest. 

Section 94 Contributions

Section 94 Contributions are applicable to the 21 new lots proposed and are calculated at the appropriate rate for each developable lot as outlined below:- 

CALCULATION

21 Lot Subdivision

 

 

No. of Lots

x

Rate

-

Credit for existing dwelling/s

Total

21

x

3.1 (3 for cultural)

-

3.1 (3 for cultural)

62 (60)

AMOUNT

 

S.94 Contribution Plan

Contribution Rate x Calculation rate

Total

Cultural

60 x $131.00

$7860

District Open Space

62 x $1,784.00

$110,608

 

 

 

NET TOTAL

$118,468

 

Conclusion

The proposed subdivision is a positive development outcome having regard to the heads of consideration under Section 5A, 79C, 82A and 96(1A) of the Environmental Planning and Assessment Act 1979.

 

The development is appropriately located within the 2(b) Residential (Low Density) zone under the provisions of LEP 1998 and the proposed works are consistent with the aims and objectives of LEP 1998 and DCP 2006.  As such, the proposal is favourable from an environmental planning perspective.

 

The additional Vegetation Management measures contained within the Vegetation Management Plan will ensure appropriate management of the existing vegetation and provide for restoration to the existing degraded environment on the site. Listed species (protected under the existing Site Management Plan – prepared by Gunninah 2000) will be translocated into the school site and restrictions will be applied to the use of land within this area. Where vegetation is removed, replacement planting will be provided within the VMA on Proposed Lot 100, providing a high quality aesthetical and environmental outcome for each of the proposed lots, without comprising the efficient economic development of the land. The design of the subsequent subdivision also facilitates retention of large stands of existing trees and is sensitively designed to enable future development of the allotments can be undertaken without impacting on the retained vegetation.

 

The proposal complies with Council’s subdivision controls and the subdivision layout is consistent with the character of the broader locality in terms of subdivision layout.

 

The proposed bio-retention basin has also been resolved in terms of ongoing maintenance and overall design to align with Council’s Water Sensitive Urban Design Policy and is a positive environmental outcome on the site.

 

In summary the proposal has been revised to address the previous grounds for refusal and is an appropriate outcome on the site and is worthy of support. 

 

 

 

RECOMMENDATION

That:

1.      The information contained in the report on DA13/0288.01 Proposed Section 82A application for review of determination - proposed subdivision into 21 residential allotments, road construction and dedication of Bio-retention Basin. DA12/0786.02 Section 96 Application to modify the boundary of an approved two lot subdivision and amend condition 6 (c) of the consent regarding vegetation matters at Lot 1 DP1144668 (No. 86-94) Andromeda Drive, Cranebrook
be received.

2.         DA13/0288.01 be approved subject to the following conditions.

 

    GENERAL

 

2.1       The development must be implemented substantially in accordance with the following plans and documents:

 

·      Subdivision Plan, reference Job No. I117, P12-1 Rev A, prepared by Insites and dated 18 October 2013;

·      Landscape Plans, reference 13633-LCD01-02-B, prepared by NBRS and Partners and dated 17 January 2014;

·      Vegetation Management Plan, reference 610.11706 V2.0, prepared by SLR Global Environmental Solutions and dated 16 January 2014;

·       Acoustic Assessment prepared by Acoustic Logic and dated January    2014;

·      Stormwater Drainage Strategy Report, prepared by Insites and dated November 2013;

 

            Stamped approved by Council, the application form and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

 

2.2       The 'road widening stormwater treatment area' indicated on the approved plan of subdivision is to be nominated as a residue allotment (and not road reserve or drainage reserve) on the final plan of subdivision.

 

2.3       Prior to the issue of a Subdivision Certificate the applicant is to enter into a deed of agreement with Penrith City Council for the maintenance of the erosion and sedimentation / bio retention basin. The deed shall indemnify Council against any claims made during the maintenance period.

 

ENVIRONMENTAL MATTERS

 

2.4       All land that has been disturbed by earthworks is to be spraygrassed or similarly treated to establish a grass cover.

 

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

 

2.6       An 88B instrument is to be registered against all lots that stipulates the following:

·     Any future dwelling is to be constructed to comply with the noise levels obtained in the Acoustic Assessment prepared by Acoustic Logic (ref 20130425.2/101A/R1/YK, Rev 1 dated 10/10/2013);

·     Any future dwelling is to be constructed to comply with the acoustic construction treatments contained in Table 3 of the Acoustic Assessment prepared by Acoustic Logic (ref 20130425.1/2806A/R1/YK, Rev 1 dated 28/6/2013).

UTILITY SERVICES

 

2.7       All services (water, sewer, electricity, telecommunications and gas), including the provision of service conduits and stub mains, are to be installed within the proposed public roads before final inspection of the engineering works.

 

Prior to the release of the linen plan, the following service authority clearances shall be obtained:

·    a Section 73 Compliance Certificate under the Sydney Water Act 1994 shall be obtained from Sydney Water. This is required prior to the issue of the Subdivision Certificate and

·    a letter from Integral Energy stating that satisfactory arrangements have been made for electricity supply to all proposed allotments in the subdivision, including any necessary easements; and

·    a letter from an approved telecommunications service provider that satisfactory arrangements have been made for underground telephone services to all proposed allotments in the subdivision, including any necessary easements.

 

These clearances are to be submitted to the Principal Certifying Authority.

 

 

CONSTRUCTION

 

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

 

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

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

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

·    that unauthorised entry to the work site is prohibited,

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

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

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

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

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

 

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

 

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

·    Mondays to Fridays, 7am to 6pm

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

·    No work is permitted on Sundays and Public Holidays.

 

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

 

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

ENGINEERING

 

2.10.    The disposal of drainage to Lots 14-19  involves the provision of drains across the existing school site that is to be excised off and registered as a separate allotment. A drainage easement is to be registered over the school site to facilitate drainage and connection to Councils trunk drainage system for Lots 14-19.

 

            The width of the drainage easement is to be in accordance with Penrith City Council's Engineering Works Development Control Plan and Guidelines for Engineering Works for Subdivisions and Developments, Part 1-Design and Part 2-Construction. The easement shall be registered with the Land and Property Information division of the Department of Lands prior to the issue of a Construction Certificate. A copy of the registered easement for drainage is to be submitted to the Certifying Authority and Penrith City Council, if Council is not the Certifying Authority.

 

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

 

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

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

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

c)   Replacement of damaged kerb and gutter for the full property frontage.

d)   Utility lead in works.

 

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

 

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

 

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

 

·     The development is to upgrade the road drainage system in Cassar Crescent to cater for the additional stormwater flows as a result of the development. The installation of the upgraded pipe system will require the construction of new kerb and gutter.

·     New intersection at Cassar Crescent and proposed road 1, this shall include any associated line-marking and regulatory road signage

·     Adjustment of any access driveways and kerb alignments to effect the new intersection

·     All disturbed areas within the existing road reserve shall be turfed

 

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

 

Note: 

 

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

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

 

2.14.    Subdivision works shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Insites, reference number I117EG Sheet 1-3 Rev A, dated 8/10/2013.

 

Any Construction Certificate/s issued by the Certifying Authority shall include but not be limited to the following subdivision works.

 

a)   Roads and drainage

b)   Stormwater drainage

c)   Stormwater pre-treatment systems

d)   Inter-allotment drainage

e)   Earthworks

f)   Paving works

 

Engineering plans, supporting calculations and relevant certification for the subdivision works shall be prepared by  suitably qualified people and must accompany the application for a Construction Certificate.

 

Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the subdivision works have been designed in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

 

2.15.    Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the proposed  roads have been designed in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works and the following criteria:

 

Road No.

Road Reserve Width

Carriageway Width

Verge

Footpath (1.5m wide)

ESA

1

14

7

3.5

Northern side

5 x 104

 

2.16.    A Stage 3 (detailed design) Road Safety Audit (RSA) shall be undertaken on the proposed roadworks by an accredited auditor who is independent of the design consultant. A copy of the RSA shall accompany the design plans submitted with the Construction Certificate application.

 

Prior to the issue of the Construction Certificate, the Certifying Authority shall ensure that the recommendations of the RSA have been addressed in any plans approved with the Construction Certificate.

 

2.17.    The stormwater drainage system shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Insites, reference number I117EG, sheet 2-3, revision A, dated 08.10.2013.

 

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.

 

2.18     Stormwater runoff from parking, uncovered paved areas shall be directed to a stormwater pre-treatment system.  The treatment devices shall be designed to remove expected pollutant loadings in accordance with the Department of Environment, Climate Change & Water’s ‘Managing Urban Stormwater - Environmental Targets/ Treatment Techniques- October 2007’ publications.

 

            Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate:

 

·     Specification & installation details of the stormwater pre-treatment system

·    The approval of an operation and maintenance manual/  schedule for the proposed device

 

A copy of the approved operation and maintenance manual/ schedule shall be submitted to Penrith City Council with notification of the Construction Certificate issue.

 

2.19.    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.

 

2.20.    Inter-allotment drainage shall be provided for all lots that are unable to be drained by gravity to the street system.  Inter-allotment drainage is to be constructed with a maximum pit spacing of 40m.  A stub connection shall be provided for lots without a pit with location details to be provided on the works as executed drawings.

 

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

 

2.22.    Prior to commencement of works a Traffic Control Plan including details for pedestrian management,  shall be prepared in accordance with AS1742.3 “Traffic Control Devices for Works on Roads” and the Roads and Traffic Authority’s publication “Traffic Control at Worksites” and certified by an appropriately accredited Roads and Traffic Authority Traffic Controller.

 

Traffic control measures shall be implemented during the construction phase of the development in accordance with the certified plan.  A copy of the plan shall be available on site at all times.

 

Note: 

1.   A copy of the Traffic Control Plan shall accompany the Notice of Commencement to Penrith City Council.

 

2.23.    Work on the subdivision shall not commence until:

 

·    a Construction Certificate (if required) has been issued,

·    a Principal Certifying Authority has been appointed for the project, and

·    any other matters prescribed in the development consent for the subdivision and the Environmental Planning and Assessment Act and Regulation have been complied with.

 

A Notice of Commencement is to be submitted to Penrith City Council two (2) days prior to commencement of engineering works or clearing associated with the subdivision.

 

2.24.    Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

 

2.25.    All existing (aerial) and proposed services for the development are to be located or relocated underground in accordance with relevant authorities regulations and standards.

 

2.26.    Street lighting is to be provided for all new and existing streets within the proposed subdivision to Penrith City Council’s standards.

 

2.27     Prior to the connection of private drainage to Council’s drainage system, an inspection is to be carried out by Penrith City Council’s Development Engineering Unit. A fee will be charged in accordance with Council’s adopted Fees and Charges, and is to be paid prior to the inspection.

 

2.28.    Soil Testing is to be carried out to enable each lot to be classified according to AS2870 "Residential Slabs and Footings”.

 

2.29.    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.

 

2.30.    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.

 

2.31.    Prior to the issue of select a Subdivision Certificate the Principal Certifying Authority shall ensure that the:

 

a)   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.

 

2.32.    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

 

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.

 

2.33.    Prior to the issue of a Subdivision Certificate, and installation of regulatory / advisory linemarking and signage, plans are to be lodged with Penrith City Council and approved by the Local Traffic Committee.

         

Notes:

         

1)   Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 for further information on this process.

 

Allow eight (8) weeks for approval by the Local Traffic Committee.

 

2.34.    Prior to the issue of a Subdivision Certificate street signs are to be erected at road intersections.

 

Note:

         

Proposed road names can be selected from an approved list.  An application for other names, in accordance with Penrith City Council’s Street Naming Policy, can also be made. The regulations imposed under the Roads Act require that the proposed road names are advertised on two occasions; firstly as a proposal, and secondly as an official naming. This process means that you must pay the required advertising fee to Council before the Council can commence this process.  Applications for road naming should be made as soon as possible to ensure that this process does not delay the issue of a Subdivision Certificate.

 

2.35.    Prior to the issue of the Subdivision Certificate a bond for the final layer of outstanding asphalt works (AC Bond) is to be lodged with Penrith City Council.

 

The final layer of asphalt on all roads shall not to be placed without the written consent of Council (Consent will generally be provided when 80% of the housing within the subdivision has been completed). 

 

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

 

Note:

 

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

 

2.36.    Prior to the issue of the Subdivision Certificate an Outstanding Works Bond for the construction, landscaping and implementation of the Bio-retention Basin is to be lodged with Penrith City Council. 

 

The Outstanding Works bond will be refunded once the stormwater pre-treatment treatment system works have been completed to Council’s satisfaction and a separate Maintenance Bond has been lodged with Penrith City Council.

 

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

 

Note:

 

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

 

2.37.    Prior to the issue of a Subdivision Certificate) a maintenance bond is to be lodged with Penrith City Council for all civil works which includes a new road and intersection works, drainage upgrade in Cassar Crescent and the Bio-retention system.

 

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

 

Note:

 

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

 

2.38.    Prior to the issue of a Subdivision Certificate the following compliance documentation shall be submitted to the Principal Certifying Authority. A copy of the following documentation shall be provided to Council where Council is not the Principal Certifying Authority: 

 

a)   Work as Executed (WAE) drawings of all civil works. The WAE drawings shall be marked in red on copies of the stamped Construction Certificate drawings signed, certified and dated by a registered surveyor or the design engineer.  The Work as Executed drawings shall be prepared in accordance with Council’s Design Guidelines.

 

b)   The WAE drawings shall be accompanied by plans indicating the depth of fill for the entire development site.  The plans must show, by various shadings or cross hatchings, the depth of any fill within 0.3m depth ranges.

 

c)   CCTV footage in DVD format to Council’s requirements and a report in “SEWRAT” format for all drainage within future public roads and public land.  Any damage that is identified is to be rectified in consultation with Penrith City Council.

 

d)   Surveyor’s Certificate certifying that all pipes and services are located wholly within the property or within appropriate easements and that no services encroach boundaries.

 

e)   Documentation for all road pavement materials used demonstrating compliance with Council Design Guidelines and Construction Specification.

 

f)    A Geotechnical Report certifying that all earthworks and road formation have been completed in accordance with AS3798 and Council’s Design Guidelines and Construction specifications. The report shall include:

 

          Compaction reports for road pavement construction:

 

1    Compaction reports for bulk earthworks and lot regrading.

2    Soil classification for all residential lots

3    Statement of Compliance

 

2.39.    The bio-retention basin is to be maintained by the proponent as a sediment basin until 80% of housing construction is completed and retain in the ownership of the proponent. After 80% of housing has been constructed the sediment basin is to be decommissioned and the bio-retention basin completed. After completion of the bio-retention basin has occurred, the proponent is to maintain the bio-retention basin for a period of 3 years after which time handover is permitted (see separate conditions relating to handover).

 

      Prior to the release of the Subdivision Certificate, an outstanding works bond is required to be paid by the developer and will attract a 200% loading on the cost of works associated with the maintenance and conversion of the bio-retention basin. This will be returned upon completion of handover.

 

2.40.    Prior to the handover of the assets, Council requires all of the following conditions to be  met:

 

·    The WSUD assets / measures are constructed and operate in accordance with the approved design specifications / parameters and any other specific design agreements previously entered into with Council

·    The performance of the WSUD measure(s) has been validated, which must include the provision of a Performance Validation Report supporting the performance of the WSUD measure

·    Where applicable, the build up of sediment has resulted in no more than a 10% reduction of operational volume

·    Asset inspections for defects has been completed and, if any defects are found, rectified to the satisfaction of Council

·    The WSUD infrastructure is to the satisfaction of Council, structurally and geotechnically sound (this will require the submission of documents demonstrating that such infrastructure has been certified by suitably qualified persons)

·    Design drawings have been supplied in a format acceptable to Council

·    Works as Executed (WAE) drawings have been supplied for all infrastructure in a format and level of accuracy acceptable to Council

·    Other relevant digital files have been provided (e.g. design drawings, surveys, bathymetry, models etc)

·    Landscape designs have been supplied, particularly those detailing the distribution of functional vegetation, i.e. vegetation that plays a role in water quality improvement (clearance certificates from the landscape architect will need to be supplied)

·    The condition of the infrastructure and associated with the land complies with the approved design specification.

·    Filter media infiltration rates are within 10% of the rates of the design parameters for the filtration system concerned)

·    Comprehensive operation and maintenance manuals (including indicative costs) have been provided. The plan should include details on the following:

i.    Site description (area, imperviousness, land use, annual rainfall, topography etc)

ii.   Site access description

iii.  Likely pollutant types, sources and estimated loads

iv.  Locations, types and descriptions of measures proposed

v.   Operation and maintenance responsibility

vi.  Inspection methods (including inspection checklists)

vii. Maintenance methods (frequency, equipment and personnel requirements);

viii.          Landscape and weed control requirements

ix.  Operation and maintenance costs;

x.   Waste management and disposal options; and

xi.  Reporting.

 

2.41.    Prior to the issue of a Construction Certificate, the following information is to be submitted to Council for review:

 

·    Council should be given an opportunity to review and approve the proposed GPT so that considerations of the life cycle costs can be made. The proponent should provide Council with a detailed operation and maintenance manual which includes estimated costing

·    Detailed construction plans including all calculations, drawings and designs which are consistent with the design parameters used in the modelling and approved concept designs from the Development Application, and

·    An Erosion and Sedimentation Control Plan.

 

2.42.    The proponent is responsible for the construction of the bioretention basin and installation of the proposed GPT. The construction is to be done in a way which reflects the concept design and calculations outlined in the Stormwater Drainage Strategy Report for the proposal Version 4 November 2013.

 

      The developer is to construct the bio retention basin once 80% of the lots are constructed.

 

2.43.    Prior to the issue of a Construction Certificate the Certifying Authority shall ensure the civil plans are detailed with low-profile roll top kerb in accordance with Councils’ engineering guidelines.

 

2.44.    Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the sag point shown at CH 20.072m is relocated to approximately CH 30.00m within the proposed road 1. The sag point shall align with the kerb inlet pits.

 

 

2.45.    Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that a concrete access driveway is detailed to the end of the access handle for proposed lot 19.

LANDSCAPING

 

2.46     The trees identified for retention shall be retained and duly protected during the construction of the development. Tree protection measures shall:

 

·     be installed before any works can commence on site including the clearing of site vegetation, and

 

·    be certified by the author of the Vegetation Management Plan or a qualified Arborist) before any works can commence on site. The Certificate or other suitable documentation shall be submitted to the Principal Certifying Authority a minimum 2 days prior to the commencement of site works. A copy of the Certificate or written documentation is to be submitted to Council with the "Notice of Commencement".

 

2.47.    All recommendation and activities of the approved Vegetation Management Plan prepared by SLR Global Environmental Solutions and dated 16/1/2014 form conditions of consent for this development. These are (full detail is located within the VMP):

a.  Initial Works - On approval of DA

i.   Collect baseline monitoring data (photos and quadrat)

ii.  Re-locate Cumberland Plain Land Snails and natural habitat from the development area to the Vegetation Management Area (VMA)

iii. Remove rubbish and refuse, and re-locate any detected Cumberland Plain Land Snails to the enhanced natural habitat within the Vegetation Management Area

iv. Collect and store seeds and seedlings of native plants from within the development area (in particularly the Grevillea juniperina)

b.  Initial Works - From Release of Subdivision Certificate

i.   Permanently fence and erect signage around the entire VMA. No other fences are to be in the VMA. The fence is to be of a welded see-trough metal style. Signage is to say:     “The vegetation beyond this point is ecologically important (including trees, shrubs and groundcovers). ANY unauthorised disturbance (damage, pollution, dumping) is subject to significant fines AND/OR imprisonment.”

ii.  Implement an intensive weed removal program in the VMA as per the VMP.

iii. Prepare bare soil and highly disturbed portions of the VMA for replanting as per the VMP

iv. Plant those prepared areas with stored/translocated vegetation previously collected from the development area

c.  Maintenance Period (Post Establishment Period - commencing 6 months from release of Subdivision Certificate)

i.   Management of weeds, monitoring of natural regeneration and maintenance of plantings and replacement of failed plants

ii.  Every 6 months for 2.5 years - collection of photo point and quadrat monitoring data as well as monitoring of the Cumberland Plain Land Snail, Grevillea juniperina and Dillwynia tenuifolia, and Cooks River Castlereagh Ironbark Forest.

iii. Monitoring Reports are to be sent to Council every 6 months for 2.5 years, as per the VMP.

 

d.  Prior to Construction Works

i.   Perform a site induction for site workers

ii.  Install sediment fences around areas of earthworks, where relevant, to protect areas of retained vegetation and stormwater.

iii. Inspection of the pre-construction works

 

2.48.    Threatened species including Grevillea juniperina and Dillwynia tenuifolia from Lots 10 and 11 and from the residue lot are to be translocated to the Vegetation Management Area in Lot 100 and then maintained as per the Vegetation Management Plan.

 

2.49.    As outlined in the Landscape Concept Plan (prepared by NBRS+Partners, 17/1/2014) 2 trees are to be planted for every one tree removed. These are to be located within the VMA in the school grounds and are to be species from the Cooks River Castlereagh Ironbark Forest vegetation community.

 

2.50.    An 88b Restriction, noting that no trees are to be removed, is to be registered on the land and is to be applied to the areas outlined in orange in Figure 2 of the VMP “Proposed Subdivision Layout and Vegetation Management Area on the subject site at Cranebrook”. The 88b Restriction is to span the entire length of the parent lot boundary from western boundary of proposed lot 1 through to the eastern boundary of proposed lot 8. This will be for a depth of 25 metres from the northern boundary and will form the basis of the 88b restriction for these lots.

 

2.51.    No native trees or other vegetation (including shrubs and other understory vegetation) are to be removed, ringbarked, cut, topped,  lopped, slashed or wilfully destroyed (other than those on the approved plan prepared by NBRS+Partners, 17/1/2014) without the prior consent of Penrith City Council and in accordance with Council's Tree Preservation Order and Policy.

 

 SECTION 94

 

2.52.    This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for District Open Space. Based on the current rates detailed in the accompanying schedule attached to this Notice, $110,608 is to be paid to Council prior to a Construction Certificate being issued for this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for District Open Space may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

2.53.    This condition is imposed in accordance with Penrith City Council's Section 94 Contributions Plan(s) for Cultural Facilities. Based on the current rates detailed in the accompanying schedule attached to this Notice, $7860 is to be paid to Council prior to a Construction Certificate being issued for this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council's Fees and Charges Schedule.

 

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

 

The Section 94 Contributions Plan for Cultural Facilities may be inspected at Council's Civic Centre, 601 High Street, Penrith.

 

CERTIFICATION

 

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

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

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

 

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

 

            Information to accompany the Notice of Commencement

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

 

3.      DA12/0786.02 be approved subject to the amendment of condition 1 and 6 of the consent no 12/0786, as follows:

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

 

 

Plan No.

Prepared By

Date

Plan Proposed Subdivision of Lot 1 in DP 1144668 Andromeda Drive, Cranebrook

Job Ref l117

(Drawing No P14-2) (Sheet 2 of 2)

Surveying Insites

14.11.13

 

3.2      The linen plan of subdivision is to be supported by an 88B instrument creating a Restriction as to User or easement regarding the following:

a)      Access to The Northern Road is prohibited.

b)      No further development of Lot 101 can occur unless appropriate provision is made for access, services and drainage

c)      The existing vegetation areas are to be retained and managed in accordance with the Vegetation Management Plan, reference 610.11706 V2.0, prepared by SLR Global Environmental Solutions and dated 16 January 2014.

 

Council shall be nominated as the only authority permitted to modify, vary or rescind such restriction as to user.

 

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

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

DA13/0288.01 - Proposed Plan of Subdivision

1 Page

Appendix

3. View

DA13/0288.01 - Landscape Plan

1 Page

Appendix

4. View

DA12/0786.02 - Approved Plan of Subdivision

1 Page

Appendix

5. View

DA12/0786.02 - Proposed Plan of Subdivision

1 Page

Appendix

6. View

DA12/0288.01 - Vegetation Management Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                24 March 2014

Appendix 1 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                                24 March 2014

Appendix 2 - DA13/0288.01 - Proposed Plan of Subdivision

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 3 - DA13/0288.01 - Landscape Plan

 

PDF Creator


Ordinary Meeting                                                                                                                24 March 2014

Appendix 4 - DA12/0786.02 - Approved Plan of Subdivision

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 5 - DA12/0786.02 - Proposed Plan of Subdivision

 


Ordinary Meeting                                                                                                                24 March 2014

Appendix 6 - DA12/0288.01 - Vegetation Management Plan

 

PDF Creator

 


 

 

 

 

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Outcome 3 - We can get around the City

 

 

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Outcome 4 - We have safe, vibrant places