23 April 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 28 April 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

 

Barry Husking

Acting General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Marcus Cornish - 19 April 2014 to 30 April 2014 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 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

Badgerys Creek - Second Airport.

Privatisation of New South Wales Electricity Network.

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Community Safety Partnership Meeting - 12 March 2014.

Local Traffic Committee Meeting - 7 April 2014.

Policy Review Committee Meeting - 14 April 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 28 April 2014

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Executive Managers                          

                
          

 
Seating Arrangements

 

 

 

Assistant General Manager
Craig Butler

 

 

Assistant General Manager
Barry Husking

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Ross Fowler OAM

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers

Executive Managers                          

         
          

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



Council_Mark_POS_RGB2014 MEETING CALENDAR

January 2014 - December 2014

(adopted by Council on 25/11/13)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

3

10&

 

 

 

 

 

 

22^ü

(7.00pm)

 

 

15

(7.00pm)

 

24@

24

28v

26#

23 *

28

25@

29

27

24#+

 

Policy Review Committee

7.00pm

 

 

 

14

12

16

14

11

8

13

10

8

 

10

10

 

 

 

 

 

 

 

 

 

 

 v

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

 *

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

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2013-2014 Annual Statements are presented

 

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

 +

Meeting at which the Annual Report is presented

&

Extraordinary Meeting

-            Extraordinary Meetings are held as required.

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

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

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 24 MARCH 2014 AT 7:40PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, 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 and to Councillor Greg Davies for 24 March 2014.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 10 March 2014

47  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that the minutes of the Extraordinary Council Meeting of 10 March 2014 be confirmed.

 

Procedural Motion

48  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minutes be considered before suspending standing orders to allow members of the public to address the meeting.

DECLARATIONS OF INTEREST

Councillor Jackie Greenow OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item 1 - International Relations Program 2014, as she is a member of the International Friendship Committee.  Councillor Greenow OAM stated that she would leave the Council Chambers during consideration of this item.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Notice of Motion Item 1 - Reopening of High Street, Penrith to Traffic through Triangle Park as he is on the Board of the Penrith CBD Corporation.

 

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Significant  in Item 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 and Item 4 - Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa as his wife is the Member for Mulgoa and the Development Application involves State Agencies, including the Office of Heritage and Environment.

 

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 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 and Item 4 - Fernhill Estate Events - Development Application DA13/1505 for Fernhill Estate Symphony Concert at 1041 - 1187 Mulgoa Road, Mulgoa as he is a resident of Mulgoa.

 

 

Mayoral Minutes

 

 

2        Passing of Samuel Morris                                                                                                

49  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral Minute on Passing of Samuel Morris be received.

The Deputy Mayor, Councillor Jim Aitken OAM and Councillors John Thain, Mark Davies and Prue Car spoke in support of the Mayoral Minute.

 

 

1        Passing of Roger Nethercote                                                                                          

50  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Passing of Roger Nethercote be received.

Councillors John Thain and Mark Davies spoke in support of the Mayoral Minute.

 

 

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

51  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Congratulations to Suzi Flynn on Ministers' Award for Women in Local Government be received.

Councillor Jackie Greenow OAM spoke in support of the Mayoral Minute.

His Worship the Mayor, Councillor Ross Fowler OAM then presented Suzi Flynn with a framed copy of the Mayoral Minute congratulating her on receiving the Ministers’ Award.

 

At the conclusion of consideration of the Mayoral Minutes, the Mayor, Councillor Ross Fowler OAM asked the Councillors, staff and gallery to stand for one minute’s silence to acknowledge the passing of Samuel Morris and Roger Nethercote.

 

Councillor Mark Davies left the meeting, the time being 8:07pm.

 

SUSPENSION OF STANDING ORDERS

52  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 8:08pm.

 

Ms Brenda Tripp

 

Item3 – 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

 

Ms Tripp, the applicant, spoke in support of the recommendation and advised that she was aware of residents’ concerns with issues associated with use of the function centre, such as possible traffic congestion and noise.  Ms Tripp stated that there were other venues in the Mulgoa area that also host functions and have on street parking issues,  and that Fernhill has ample onsite parking.  Ms Tripp advised that Fernhill has a strict noise management plan and a function manager in attendance at all times, and that they have adopted their plans to address neighbours’ concerns. 

 

Councillor Mark Davies returned to the meeting, the time being 8:13pm.

 

53  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM that an extension of time be granted to enable the speaker to complete her address, the time being 8:15 pm.

 

Ms Tripp concluded by stating that holding events and functions at Fernhill allows the estate to be shared with other people and that this also benefits local businesses, and requested that the applicants be given a chance to prove themselves.

 

 

Mr Rod Johnson

 

Item3 – 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

 

Mr Johnson, an interested neighbour, spoke in support of the recommendation and stated that he believed holding events at Fernhill would provide many benefits to the community including the area gaining a profile throughout Sydney for such events.  Mr Johnson concluded  that while there may be some traffic and noise issues associated with functions being held at Fernhill, the benefits to the local businesses and the community outweigh the slight, occasional inconvenience.

 


 

Ms Karen Callinan

 

Item3 – 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

 

Ms Callinan, an affected person, spoke in opposition to the recommendation.  Ms Callinan expressed concerns that events may be held without approval and stated that this has occurred in the past at Fernhill.  Ms Callinan sought clarification on the days the site has been utilised as a function centre under temporary land use provisions.

 

54  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Prue Car that an extension of time be granted to enable the speaker to complete her address, the time being 8:31 pm.

 

Ms Callinan concluded by reiterating her concerns regarding non-compliance with Council regulations and stated that she favoured a less aggressive business plan for the future of Fernhill so that the goals of preservation of Fernhill and providing income for its upkeep are not mutually exclusive.

 

 

Dr Heng Tey

 

Item3 – 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

 

Dr Tey, an affected neighbour, spoke against the recommendation and stated that Mulgoa is not a village designed for major activity involving a large number of participants.  Dr Tey stated that during a previous event held at Fernhill, there was a lot of noise which could be heard throughout the valley and that the traffic congestion was extremely disruptive and that he views this as a serious issue if emergency services vehicles were needed in the area.  Dr Tey concluded by stating that the noise levels from music being played at events resulted in residents being unable to sleep at night, especially as some events continue until 2.00am.

 

 

Mr Peter Harvey

 

Item3 – 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

 

Mr Harvey, representing the Mulgoa Progress Association, spoke against the recommendation on behalf of residents.   Mr Harvey noted residents’ concerns about the effects on amenity of Mulgoa valley as a result of multiple functions being held at Fernhill.  Mr Harvey stated that  the topography of the valley results in noise being carried long distances and that this will always be an issue when functions are held at the site. 

 

55  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete his address, the time being 8:43pm.

 

Mr Harvey concluded by stating that development applications for functions could be unspecific and could include any type of function, ie inside, outside, and noise or lighting for an extended duration.  Mr Harvey also stated that in his view a ‘hotline’ for resident complaints is not the answer to the concerns raised by Mulgoa residents.

 

Dr Michael Hunter

 

Item3 – 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

 

Dr Hunter, an affected neighbour spoke in opposition to the recommendation.  Dr Hunter stated that with more vehicular activity in the area, properties may be impacted by an increase in burglaries.  Dr Hunter added that residents have already been kept awake by noise at night from functions being held at Fernhill.  In addition, Dr Hunter expressed concerns about the roads in the area being not wide enough and therefore unable to sustain a regular increase in traffic volume.

 

56  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies that an extension of time be granted to enable the speaker to complete his address, the time being 8:52pm.

 

Dr Hunter concluded by stating that Mulgoa valley is an ‘echo chamber’ and that the sound monitoring equipment has been located in the wrong place.

 

 

Mr Graham McGregor

 

Item3 – 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

 

Mr McGregor, an affected neighbour, spoke against the recommendation, citing his desire to maintain a quiet enjoyment of the rural nature of the valley.    Mr McGregor stated that as his property is only 500m from the Hayshed on the Fernhill Estate he was very concerned about noise and vibration issues, if there are to be regular events held at this venue.  Mr McGregor also stated that Mulgoa Valley forms a noise funnel, so that noise carries throughout its entirety, and suggested that Council place noise monitors on nearby residences.

 

57  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete his address, the time being 8:59pm.

 

Mr McGregor concluded his address by stating that there are no barriers for sound mitigation and that in his view events involving music should not be permitted.  Mr McGregor also made a brief reference to traffic and parking issues and emphasised that the natural character of Mulgoa should not be compromised for financial gain.

 

Councillor Mark Davies left the meeting, the time being 9:01pm.

 

 

Mr Paul Terracini

 

Item 4 – Fernhill Estate Events – Development Application DA 13/1505 for Fernhill Estate Symphony Concert at 1041-1187 Mulgoa Road, Mulgoa

 

Mr Terracini, Artistic Director and Conductor from Penrith Symphony Orchestra, spoke in favour of the recommendation.  Mr Terracini stated that local residents would benefit from being able to attend an outdoor symphony at Fernhill Estate.

 

Councillor Mark Davies returned to the meeting, the time being 9:03pm.

 

Mr Terracini also expressed the view that being able to access the Fernhill Estate for outdoor concerts would be of value to the Penrith Symphony Orchestra in the development and employment of local musicians.  Mr Terracini concluded his address that at a musical and cultural level, Fernhill was the better option for outdoor symphony concerts in the Penrith area.

 

Councillor Ben Goldfinch left the meeting, the time being 9:04pm.

Councillor John Thain left the meeting, the time being 9:05pm.

 

 

Mr Thomas Lawson

 

Item 4 – Fernhill Estate Events – Development Application DA 13/1505 for Fernhill Estate Symphony Concert at 1041-1187 Mulgoa Road, Mulgoa

 

Mr Lawson, the applicant’s spokesperson, spoke in favour of the recommendation, stating that the Twilight Symphony is a suitable event for Fernhill.  He went on to say that this event will provide an opportunity for the Penrith Symphony Orchestra to deliver something new and unique to Penrith, as well as it being an opportunity for the work of the Nordoff Robbins charity to gain exposure.  Mr Lawson stated that this type of event supports a business vision for Penrith by attracting people from outside the area.

 

Mr Lawson concluded his address by stating that an event management plan will be put in place to ensure minimal disruption and minimal impact on the amenity of the local area.

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:07pm.

Councillor John Thain returned to the meeting, the time being 9:08pm.

 

 

Ms Belinda Leonard

 

Item 4 – Fernhill Estate Events – Development Application DA 13/1505 for Fernhill Estate Symphony Concert at 1041-1187 Mulgoa Road, Mulgoa

 

Ms Leonard, CEO of the Nordoff Robbins musical therapy charity, spoke in support of the recommendation, stating that their partnership with Fernhill delivers significant benefits for the charity.  Ms Leonard also stated that the Twilight Symphony was a fantastic opportunity and delivered valuable funding for Nordoff Robbins as well as providing greater exposure for the charity. 

 

 

Mr James Broadbent

 

Item 4 – Fernhill Estate Events – Development Application DA 13/1505 for Fernhill Estate Symphony Concert at 1041-1187 Mulgoa Road, Mulgoa

 

Mr Broadbent, an affected neighbour, spoke against the recommendation and stated that, as a nearby resident, he is directly affected by events held at Fernhill.  Mr Broadbent outlined his concerns for the conservation of the estate, in particular that the events being held on the site would facilitate exploitation of the property.  Mr Broadbent stated that whilst the Twilight Symphony may have some community benefits, the traffic and detriment to amenity issues still apply. He also noted that no noise management plan was available for public viewing.

 

58  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete his address, the time being 9:17pm.

 

Mr Broadbent concluded his address by stating that the applicants’ record of non-compliance should be kept in mind when considering the approval of future events.

 

 

Mr Marcus Le Poer Trench

 

Item 4 – Fernhill Estate Events – Development Application DA 13/1505 for Fernhill Estate Symphony Concert at 1041-1187 Mulgoa Road, Mulgoa

 

Mr Le Poer Trench, an affected neighbour, spoke against the recommendation and stated that his property shares a boundary with the Fernhill Estate.  Mr Le Poer Trench outlined his concerns over such issues as loss of amenity and impact upon local traffic caused by large events being held at the estate, as well as the potential subdivision on the estate causing loss of amenity to his property.  Mr Le Poer Trench concluded by expressing doubt that the venue would really increase business opportunities in the local area and that if this is the case, then other venues will lose business as a result.

 

 

Mr John Wakeling

 

Item 5  – Section 96(A) Application DA12/0961.1 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith

 

Mr Wakeling, the applicant, spoke in support of the recommendation and introduced the new owners of the Nepean Belle, Chris and Carol Bennett.  Mr Wakeling outlined the improvements being planned by the new owners, including paddleboats and a new takeaway kiosk on the site, in addition to the continued operation of the Nepean Belle.  Mr Wakeling stated that he believed the facility serves a worthwhile purpose and is supported by the local community.

 

Councillor Marcus Cornish left the meeting, the time being 9:33pm.

 

 

Mr Adrian Harrison

 

Item 5  – Section 96(A) Application DA12/0961.1 for Modifications to Charter and Tourism Facility at Lot 2 DP 612169, Tench Reserve, Penrith

 

Mr Adrian Harrison, an affected person, spoke in opposition to the recommendation, stating that the opening of the takeaway kiosk will affect his wife’s currently operating kiosk business, Nepean River Café,  in Tench Reserve and that the competition could not be supported. 

 

Councillor Marcus Cornish returned to the meeting, the time being 9:35pm.

 

Councillor Jim Aitken OAM left the meeting, the time being 9:35pm.

 


Mr Harrison concluded his address by noting objections made to the previous development application for this facility, and expressed the view that what is offered in the way of a takeaway kiosk is not really needed in that particular area.

 

Councillor Jim Aitken OAM returned to the meeting, the time being 9:37pm.

 

 

Mr Peter Laybutt

 

Item 6 – DA 13/0288.91 Proposed Section 82A Application & DA 12/0786.02 Section 96 Application – Lot 1 DP1144668 (Nos. 86-94) Andromeda Drive, Cranebrook

 

Mr Laybutt, the applicant on behalf of the landowner, spoke in support of the recommendation.  Mr Laybutt outlined the efforts made in order to achieve a long term sustainable outcome for the vacant land at Cassar Crescent, Cranebrook, at the rear of the Corpus Christi Primary School site.    Mr Laybutt noted that the site has been vacant for some years and has been zoned for residential development for many years and that the proposal is for development similar to that surrounding the site.  Mr Laybutt concluded by commending the proposal to Council as being of significant environmental merit, and stated that he believed the current application addressed concerns raised by nearby residents.

 

 

Mr Donald Barnes

 

Councillor Karen McKeown left the meeting, the time being 9:42pm.

 

Item 6 – DA 13/0288.91 Proposed Section 82A Application & DA 12/0786.02 Section 96 Application – Lot 1 DP1144668 (Nos. 86-94) Andromeda Drive, Cranebrook

 

Mr Barnes, an affected neighbour, spoke in opposition to the recommendation, outlining his concerns with regard to environmental issues, such as drainage and issues of native flora and fauna preservation.  Mr Barnes stated that, due to numerous outstanding issues with the site, a new development application should not be considered until all issues have been addressed. 

 

Councillor Karen McKeown returned to the meeting, the time being 9:43pm.

 

Councillor Jackie Greenow OAM left the meeting, the time being 9:43pm.

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 9:46pm.

 

59 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete his address, the time being 9:46pm.

 

Mr Barnes concluded by stating that there has been no management of flora and fauna and that the property has become overgrown with weeds. 

 

 

RESUMPTION OF STANDING ORDERS

60  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Maurice Girotto that Standing Orders be resumed, the time being 9:49pm.

 

 

Notices Of Motion

 

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

61 A MOTION was moved by Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that the ‘Triangle Park’ in High Street, Penrith be reopened to through traffic.

 

At 10:05pm, Councillors Jim Aitken OAM and Bernard Bratusa moved an extension of time to allow Councillor Marcus Cornish to finalise his comments on this matter.

 

Upon being PUT to the Meeting, the MOTION was LOST.

 

 

 

2        Restoration of Weekly Recycling Bin Pick up service                                                  

62  A MOTION was moved by Councillor Marcus Cornish that a weekly recycling bin (yellow bin) pick up service be introduced for all of the Penrith Local Government Area.

 

The MOTION then LAPSED due to the lack of a seconder.

 

 

Reports of Committees

 

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

63  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 February, 2014 be adopted.

 

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

64  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia  Hitchen

That:

1.    The recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 March, 2014 be adopted, with the exception of GB Item 8.

2.    A further report be considered by the Local Traffic Committee requesting the removal of stop signs on the Great Western Highway, Emu Plains, outside O’Donohue’s Hotel, and that a slip lane be provided off Old Bathurst Road onto the Great Western Highway at Emu Plains.

 

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

65  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown 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

 

Outcome 1 - We can work close to home

 

Having already declared a Non-Pecuniary Conflict of Interest -– Significant in Item 1, Councillor Jackie Greenow OAM left the meeting, the time being 10:13pm.

 

1        International Relations Program 2014                                                                            

66  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa

That:

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

2.     The Mayor of Penrith along with the Deputy Mayor and 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.

 

 

 

Outcome 2 - We plan for our future growth

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 10:15pm.

 

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                                                               

 

67  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia  Hitchen

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. 

 

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 John Thain

 

Councillor Karen McKeown

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Having already declared a Non-Pecuniary Conflict of Interest – Significant in Items 3 and 4, Councillor Mark Davies left the meeting, the time being 10:24pm.

 

 

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: Angas Securities (mortgage in possession)                                                                                                                        

 

68 A MOTION was moved by Councillor Tricia  Hitchen seconded Councillor Bernard Bratusa

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.

2.43   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.

2.44   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.

2.45   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.

2.46   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

2.47  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

2.48  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

2.49   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.

2.50   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.

2.51   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.

2.52   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.

 

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 Jim Aitken OAM

Councillor John Thain

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor Jackie Greenow OAM

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa   

Councillor Maurice Girotto    

Councillor Ross Fowler OAM                            

Councillor Marcus Cornish

 

Upon the CASTING VOTE of the Mayor, Councillor Ross Fowler OAM, the MOTION was CARRIED.

 

 

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 (mortgage in possession)                                       

69  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia  Hitchen

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.

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

For

Against

 

Councillor Prue Car

Councillor Marcus Cornish

Councillor John Thain

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Kevin Crameri OAM

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

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                                                                                            

Councillor Mark Davies returned to the meeting, the time being 10:51pm.

70  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto

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.

6.     A condition be added that requires the provision of a photo montage or artist’s impression of the proposed development for consideration and approval prior to the commencement of the operation of the facility.

 

 

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 John Thain

 

Councillor Karen McKeown

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

 


 

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                                                                                                                                

71  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that consideration of this matter be deferred to allow for a briefing and site inspection for all Councillors.

 

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 John Thain

 

Councillor Karen McKeown

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

 

Outcome 4 - We have safe, vibrant places

 

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

72  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Tender Reference 13/14-08 Bank Stabilisation Works for Peachtree Creek, Penrith be received.

2.     Cockerill Contracting Pty Ltd be awarded the contract for Bank Stabilisation Works for Peachtree Creek, Penrith for the amount of $233,765 (excluding GST) for stabilisation works including Zone D landscaping.

3.     Cockerill Contracting Pty Ltd be further engaged for soil disposal based on the submitted rates subject to soil testing.

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

 

 

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 

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

That:

1. The information contained in this report on Tender reference 13/14-09 for the construction of a Padmount Substation and the Supply and Installation of 100lux Floodlighting to Fields 1 to 4 at Jamison Park, South Penrith be received.

2. The alternative tender (ii) from Hix Group for the sum of $377,133.00 excl GST utilising the Disano Olympic IP65 Luminaries be accepted for the Construction of a Padmount Substation and the Supply and Installation of 100 Lux Floodlighting to Fields 1 to 4 at Jamison Park, York Road, South Penrith.

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

 

 

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

 

10      2014 ICF Canoe Slalom Junior & U23 World Championships                                     

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

That

1.    The information contained in the report on 2014 ICF Canoe Slalom Junior & U23 World Championships be received.

2.    An amount of $5,000 be allocated equally from each Ward’s voted works towards hosting the 2014 ICF Canoe Slalom Junior & U23 World Championships at Penrith Whitewater Stadium.

 

11      St Marys Development Committee - Dissolution                                                          

75  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Prue Car

That:

1.     The information contained in the report on St Marys Development Committee - Dissolution  be received.

2.     Unexpended funds from the dissolution be distributed according to the request from the St Marys Development Committee.

3.     A letter of congratulations and thanks be sent to the St Marys Development Committee outlining Council’s gratitude to the organisation for its years of enduring service to the community of St Marys.

4.     Council host an afternoon tea to thank the St Marys Development Committee for its years of service to the community of St Marys.

 

 

Outcome 7 - We have confidence in our Council

 

12      Audit Committee                                                                                                               

76  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies that the information contained in the report on Audit Committee be received.

 

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

77  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies

That:

1.     The information contained in the report on Council Property - Easement for Stormwater Drainage over Lot 92 DP 28389, 245 Desborough Rd, St Marys be received.

2.     Council grant an easement over Council property Lot 92 DP 28389, 245 Desborough Road, St Marys to benefit Lot 90 DP 28389, 19 Maranie Avenue, St Marys in accordance with the conditions outlined in this report.

3.     Council accept compensation as outlined in this report for the granting of the easement.

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

 

 

14      2013-14 Borrowing Program                                                                                            

78  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies

That:

1.   The information contained in the report on 2013-14 Borrowing Program be received.

2.   Council borrow the $25,213,000. This amount will be reduced by $5.7m if the LIRS application is unsuccessful.

3.   The General Manager be given delegated authority to negotiate the loans in accordance with this resolution.

4.   The Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings.

5.   The final terms and conditions of the borrowings be reported to Council upon completion of the contracts.

 


 

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

79  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies

That:

1.     The information contained in the report on Transport for NSW - Rail Substation Project - Licence of Council Land  be received.

2.     Licence agreements be entered into with Laing O’Rouke for the use of Council owned land adjacent to the Project Site in Jane St, being Lot 1 DP 218028 and for the use of the temporary overflow car park at Woodriffe Gardens, being Lot 903 DP 739989, for nil consideration.

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

 

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

80  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2014 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 February 2014 to 28 February 2014 be noted and accepted.

3.     The graphical investment analysis as at 28 February 2014 be noted.

 

 

15      Impact of repeal of Carbon Price                                                                                    

81  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Tricia  Hitchen that consideration of this item be deferred to a future Ordinary meeting of Council.

 

 

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

82  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Jackie Greenow OAM

That:

1.     The information contained in the report on Nomination for the Greater Blue Mountains World Heritage Area Advisory Committee be received.

2.     Council nominate Councillors Ben Goldfinch and Kevin Crameri OAM to serve as a local government members on the Greater Blue Mountains World Heritage Area Advisory Committee.

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Vacant Land - Pearra Way, Claremont Meadows                                                

Councillor Prue Car requested that the vacant land on Pearra Way, Claremont Meadows be urgently mowed, and that a memo be provided to all East Ward Councillors advising how this area may be mowed more regularly.

 

RR 2           Tree Pruning - Pearra Way, Claremont Meadows                                               

Councillor Prue Car requested a memo reply to all Councillors concerning tree pruning of trees at the park bordering on 25 Pearra Way, Claremont Meadows.

 

RR 3           Vacant Land - Myrtle Road, Claremont Meadows                                               

Councillor Prue Car requested a memo reply to all Councillors concerning what plans there are, if any, for the vacant land on Myrtle Road, Claremont Meadows, where the playground used to be located.

 

RR 4           Playground equipment - Schultz Street, St Marys                                              

Councillor Prue Car requested a memo reply to all Councillors regarding the replacement of old and dilapidated equipment at the small playground on Schultz Street, St Marys, and if this is likely to be included in future budgets.

 

RR 5           Path and ramp - Cnr of Station and Henry Streets, Penrith                               

Councillor Prue Car requested a memo reply to all Councillors on whether the path and ramp on the corner of Station and Henry Streets, Penrith, outside the NAB building and opposite Penrith Westfield, meets accessibility standards.

 

RR 6           Footpath construction - Schultz Street, St Marys                                               

Councillor Prue Car requested a memo reply to all Councillors requesting the responsible contractor to improve the work done after the footpath construction on Schultz Street, St Marys.

 

RR 7           Rubbish in Harrow Road, Cambridge Park                                                          

Councillor John Thain requested a memo reply to all Councillors concerning the removal of rubbish in Harrow Road, Cambridge Park and also the street sweeper was unable to access the gutter last time it was in the vicinity.  Councillor Thain suggested that a different cleaning time may be more appropriate for the street sweeper, possibly out of school hours.

 

RR 8           'Penrith: Makings of a City' Function                                                                    

Councillor John Thain congratulated the Library staff who organised the ‘Penrith:  Makings of a City’ launch as well as the history conference, and also extended thanks to Emeritus Mayor, Pat Sheehy AM for attending the launch.

 

RR 9           Seniors Week Concerts                                                                                          

Councillor Jackie Greenow OAM congratulated Penrith City Council staff involved in organising the concerts for seniors, at Penrith and St Marys, during Seniors Week this year.

 

Councillor John Thain left the meeting, the time being 11:12pm.

 

RR 10         Property - corner of Nariel Street and Carinya Avenue, St Marys                    

Councillor Maurice Girotto requested a memo reply to all Councillors concerning the condition of the property located on the corner of Nariel Street and Carinya Avenue, St Marys, which currently has a quantity of rubbish dumped on it.  Councillor Girotto also requested information as to whether this property could be sold in light of any future Council car park plans.

 

RR 11         Request for removal of No Parking signs on Carinya Avenue, St Marys         

Councillor Maurice Girotto requested that the matter of removal of ‘No Parking’ signs on one side or another of Carinya Avenue, St Marys due to one-way traffic congestion when vehicles travel in opposite directions, and when cars turn off side streets into Carinya Avenue where cars are already parked, be referred to the Local Traffic Committee for consideration.

 

Councillor John Thain returned to the meeting, the time being 11:14pm.

 

RR 12         Glenmore Park - Mowing of Public Areas                                                            

Councillor Mark Davies requested a memo reply to all Councillors providing details of the frequency of mowing public areas in Glenmore Park.

 

RR 13         Litter Control                                                                                                            

Councillor Mark Davies requested a memo reply to all Councillors providing details on campaigns to improve city amenity.

 

Councillor Maurice Girotto left the meeting, the time being 11:15pm.

 

RR 14         Grass Cutting - City Parks and Reserves                                                             

Councillor Bernard Bratusa requested a memo reply to all Councillors detailing the schedule for grass cutting in the City’s parks and reserves in the lead up to School Holidays.

 

RR 15         Manhole - Rance Oval                                                                                             

Councillor Bernard Bratusa requested a memo reply to all Councillors concerning repairs to a potentially dangerous manhole in the vicinity of Rance Oval.

 

Councillor Maurice Girotto returned to the meeting, the time being 11:18pm.

 

RR 16         St Marys Rugby League Club - 2014 Season Launch                                         

Councillor Bernard Bratusa requested Council send a letter of thanks to Mr Warren Smith, President, St Marys Rugby League Club for the recent Season Launch function, and pass on best wishes to the Club for their 2014 season.

 


 

RR 17         Number of Premises in St Marys - Legally and Illegally Operated                    

Councillor Marcus Cornish requested a report to Council on the number of legal and illegal brothels, massage parlours and tattoo parlours in St Marys, with the report to include how often Council checks compliance of these establishments.

 

 

Councillor Karen McKeown left the meeting, the time being 11:22pm.

 

 

URGENT BUSINESS

 

UB 1           Nepean Junior Easter Open Tennis Event                                                           

Councillor Bernard Bratusa requested that $4,500 be allocated equally from each Ward’s voted works to support the Nepean Junior Easter Open Tennis event to be held at Woodriff Gardens Tennis Complex.

 

83  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies that the matter be brought forward 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.

 

84  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies that $4,500 be allocated equally from each Ward’s voted works to support the Nepean Junior Easter Open Tennis event to be held at Woodriff Gardens Tennis Complex.

 

 

UB 2           Park Run to be held at Sydney International Regatta Centre                            

Councillor Kevin Crameri OAM requested  that an amount of $2,000 be allocated equally from each of the three Wards to support a Park Run to be held at the Sydney International Regatta Centre.

85  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Car  that the matter be brought forward 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.

 

86  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Car that an amount of $2,000 be allocated equally from each of the three Wards to support a Park Run to be held at the Sydney International Regatta Centre.

 

 

Councillor Karen McKeown returned to the meeting, the time being 11:23pm.

 

Councillor Marcus Cornish left the meeting, the time being 11:23pm.

 

Councillor Tricia Hitchen left the meeting, the time being 11:23pm.

 

 

Committee of the Whole

 

Councillor Marcus Cornish returned to the meeting, the time being 11:24pm.

 

Councillor Tricia Hitchen returned to the meeting, the time being 11:24pm.

 

87  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Goldfinch that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 11:24pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Tricia Hitchen seconded Councillor Ben Goldfinch  that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Commercial Matter - Request to seal temporary carpark located between       Derby St/Woodriff St/Reserve St, Penrith

         

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

 

 

Outcome 6

 

3        Commercial Matter - Tender for the provision of Floodlight Control Systems for    Sportsgrounds

                  

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

 

 

The meeting resumed at 11:40pm and the General Manager reported that the Committee of the Whole met at 11:24pm on 24 March 2014, the following being present

 

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

 

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

 

 


CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Request to seal temporary carpark located between Derby St/Woodriff St/Reserve St, Penrith                                                                                 

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow

CW2 That:

1.     The information contained in the report on Commercial Matter - Request to seal temporary carpark located between Derby St/Woodriff St/Reserve St, Penrith be received.

2.     The carpark not be sealed at this stage.

 

 

 

3        Commercial Matter - Tender for the provision of Floodlight Control Systems for Sportsgrounds                                                                                                                  

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

CW3 That the information contained in the report on Commercial Matter - Tender for the provision of Floodlight Control Systems for Sportsgrounds be received.

 

 

 

Commercial Matter – State Government Offices

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM

CW4  That a report be presented to Council on the decision to relocate State Government Offices to Penrith.

 

Commercial Matter – Security Contracts

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

CW5  That further information be provided to Councillors concerning Council’s security contracts.

 

 

ADOPTION OF Committee of the Whole

 

88  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that the recommendations contained in the Committee of the Whole and shown as CW1, CW2,  CW3, CW4 and CW5 be adopted.


 

 

8        Tender Report - Provision of Floodlight Control Systems for Sportsgrounds        

89  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM

That:

1.     The information contained in the report on Tender Report - Provision of Floodlight Control Systems for Sportsgrounds be received.

2.     The tender from Hix Group Pty Ltd for the sum of $249,590 exclusive of GST be accepted for the Provision of E State Automatation’s Playstate Floodlight Control system for Sportsgrounds.

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

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:42pm.

 



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                                                

   


Notices Of Motion

 

Item                                                                                                                                                Page

 

1        Badgerys Creek - Second Airport                                                                                      1

 

2        Privatisation of New South Wales Electricity Network                                                      2

 

 

 

 



Ordinary Meeting                                                                                                   28 April 2014

Notice of Motion

1          Badgerys Creek - Second Airport            

 

 

Councillors Kevin Crameri OAM and John Thain TO MOVE:

 

“That:

 

1.   Council write to the Hon Tony Abbott MP, Prime Minister of Australia, as well as Ms Fiona Scott MP, Member for Lindsay, asking the following question:

 

‘At what stage will a new EIS be released for the proposed Badgerys Creek airport site and when will Council be invited to have input?’

 

2.   Council enter into a procurement process to obtain a suitably qualified Consultant to review the EIS and Flight Paths for the Badgerys Creek Airport, and that one of the quotations be sought from Mr Noel Childs, Environmental and Transport Engineer.

 

3.   Council not support a 24 hour second airport with no curfew.

 

4.   As the raft of infrastructure announced leaves considerable gaps and unfunded proposals for Penrith, Council’s position remains unchanged that we do not support a second airport at Badgerys Creek.”

 

 

 

 

 

 


Ordinary Meeting                                                                                                   28 April 2014

Notice of Motion

2          Privatisation of New South Wales Electricity Network            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

 

“That Council support the ‘Stop the Selloff’ community campaign opposing the State Government’s plans to privatise the New South Wales electricity network, ie TransGrid, Ausgrid, Essential Energy and Endeavour Energy”.

 

 

 

 

 

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 12 March 2014                                                                                                                        1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 7 April 2014     6

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 14 April 2014                                                                                                                                           18

 

 

 

 

 



Ordinary Meeting                                                                                                   28 April 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 12 March, 2014

 

 

 

PRESENT

Councillor Karen McKeown; Councillor Marcus Cornish; Julie Graham, Penrith Local Area Command; Barry Vincent, St Marys Local Area Command; Brett McFadden, Penrith Local Area Command; Cheryl Cook, Penrith Police;  Kylie Druett, Nepean Blue Mountains Local Health District – Drug and Alcohol; Erin Davidson, Penrith City Council; Allison Kyriakakis, Penrith City Council; Murray Halls, Penrith City Council; Tracy Leahy, Penrith City Council; Yvonne Perkins, Penrith City Council; David Burns, Penrith City Council; Paul Lin, Housing NSW; Jennifer Randall, Penrith City Council;

 

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

His Worship the Mayor Councillor Ross Fowler OAM; Senior Constable Danielle Corliss, St Marys Local Area Command; Julie Page, Nepean Blue Mountains Local Health District – Needle and Syringe Program; Derek Jobson, Housing NSW; Nerida Silver, Penrith Youth Interagency; Greg Peters, St Marys Police.

 

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

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

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of projects under the Penrith Community Safety Plan 2013-2016

Endorsement of the Penrith Community Safety Plan 2013 - 2016

Allison Kyriakakis advised that the Community Safety Plan 2013 - 2016 has been endorsed by the NSW Department of Attorney General and Justice for the three year period of 17 March 2014 to 17 March 2017.

 

Plan endorsement provides Council with the eligibility to apply for State Government crime prevention grant funding. The next round of available funding will be advertised in August 2014.

 

Walk Wise Project

Allison advised that the Walk Wise project is the first project to be implemented under the new Community Safety Plan 2013-2016. Two working group meetings have been held to date to plan and develop the project.

 

The project includes the development of an interactive ‘App’ featuring safe walking paths, fitness trails and public transport locations. 

 

The ‘App’ will be accessible on iPhones, iPods, iPads and all Android devices.

 

There may be an opportunity to engage University of Western Sydney students in the creation of the ‘App’.  A design brief will be developed for the App in conjunction with the Walk Wise working group.

 

As part of the infrastructure component of the project, lighting assessments will take place at identified locations and potential upgrades undertaken. Signage and footpath stencilling on pavements within the City Centre is also being considered.

 

It was agreed that a funding application will be submitted for the Walk Wise project

 

St Marys Local Area Command Parent and Community Forum

St Marys Local Area Command will be hosting a community forum on Thursday 3 April 2014 at St Marys Community Centre. This event will be sponsored by Penrith City Council. Topics that will be discussed include cyber safety, road trauma, alcohol and violence in the community, safety in the community and graffiti.

 

The community forum was widely advertised through Police Facebook, local newspapers Council Children’s Centres and Libraries.

 

Jordan Springs Community Safety Information Sessions

Community Safety staff presented community safety information at a session on 26 February hosted by the Jordan Springs Resident Group. The session provided a good opportunity to engage with new residents regarding safety concerns and measures to promote safety and minimise crime.

 

Litter Management Strategy

Funding of $10,000 has been received from Keep Australia Beautiful for the installation of five (5) beverage recycling containers at Tench Reserve, Jamisontown and Coachmans Park, St Marys. Locations for the placement of these bins have been selected at each location and expected shortly delivery of the bins to progress with this project.

 

$25,000 has been received from the Environmental Protection Authority (EPA) for the installation of additional litter bins, signage and cigarette butt bins at Mark Leece Oval, St Clair and Ched Towns Reserve, Glenmore Park.

 

Westfield Penrith will be contacted to seek feedback on their dual waste/recycling bins, including successes, vandalism and contamination rates.

 

Nepean Domestic Violence Network Update

The NDVN planning day was held on Thursday 6 March 2014.

 

Priorities for the year have been identified as advocacy-related tasks;  training and professional development opportunities for the Network; and events including ‘Stop Domestic Violence Day’, ‘Reclaim the Night’, ‘The Outback Steakhouse Christmas Luncheon’ and ‘White Ribbon Day’. An annual action plan will be presented at the Network’s April meeting.

 

The Network received $1,000 from the NSW Department of Family and Community Services to host an information stall and BBQ in the Pop Up Park on Thursday 8 May 2014 as part of Stop Domestic Violence Day.

 

Warner Youth Education Program

The Graffiti Education Awareness Program has entered its sixth year. Forty (40) sessions have been scheduled for delivery in March 2014.

 

Partnership members were invited to view a graffiti education session at one of the participating schools by contacting the Community Safety team.

 

The Graffiti Education Program will also be placed on the agenda at the St Marys Parent and Community Forum as part of the discussion around graffiti issues.

 

RECOMMENDED  that the information contained in the report on Update on the delivery of community safety projects under the Penrith Community Safety Plan 2013-2016 be received.

 

 

Regular Items

 

A)      Penrith Local Area Command Crime Statistics

 

Brett McFadden advised that Penrith Police will report on crime trends occurring in the community rather than reporting on detailed crime data at each of the quarterly Partnership meetings.

 

There has been an increase in motor vehicle theft due to residents leaving their vehicles parked on the road, and not removing valuable items from vehicles.

 

Businesses in the Penrith Local Area Command (LAC) are experiencing a spike in break and enter offences. Penrith Police would like to see an increase in the promotion of the reporting of all crime, no matter how minor.

 

B)   St Marys Local Area Command Crime Statistics

 

St Marys Local Area Command has been experiencing a spike in steal from motor vehicles in the Werrington and Werrington Downs area, predominately from trade vehicles. Tools and equipment stolen from vehicles parked on the street have been common targets.

 

There has also been an increase in fraud activity that is linked to using pay-wave technology.

 

A police operation investigating brothels, tattoo parlours and adult shops in the St Marys Local Area Command has taken place. Some venues were closed down during the operation.

 

 

 

What’s in the Media?

 

Media File December 2013 - February 2014

 

 

 

GENERAL BUSINESS

 

GB 1          White Ribbon Day 2014                                                                                           

 

Discussion was held regarding ideas for a White Ribbon Day event in 2014 to build on the successes of last year’s river walk event.

 

It was suggested that a relay type event could be considered to incorporate both Penrith and St Marys LACs in the event. A launch event could take place in St Marys and participants then walk to the river.

 

It was also suggested that the event be alternated between St Marys and Penrith each year.

 

A small working group will be established to progress the event.

 

 

There being no further business the Chairperson declared the meeting closed the time being 4.10pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 12 March, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                                   28 April 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 7 April, 2014

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Wayne Mitchell – Executive Manager Environment & City Development, Daniel Davidson – Road Safety Co‑ordinator, Ruth Byrnes – Senior Traffic Officer, Graham Green – Senior Traffic Engineer, Bart Bassett MP – Member for Londonderry, 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, Joshua Hull – Trainee Engineer, Sohrab Mia – Trainee Engineer

 

IN ATTENDANCE

Steve Grady – Busways, Joe Vocisano – Ranger.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Adam Wilkinson – Engineering Services Manager, David Drozd – Senior Traffic Engineer.

 

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

The minutes of the Local Traffic Committee Meeting of 3 March 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, Penrith - Proposed Installation of Bus Zones                                       

RECOMMENDED

That:

1.     The information contained in the report on Derby Street, Penrith - Proposed Installation of Bus Zones be received.

2.     A 20m bus zone be installed on Derby Street, Penrith, outside property number 111, as per Appendix 1.

3.     An 18m bus zone be installed on Derby Street, Penrith, outside property number 80, as per Appendix 2.

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

5.     Busways be advised of Council’s resolution.

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

 

2        Castlereagh Road, Castlereagh - Proposed Extension of Double-Barrier Linemarking    

RECOMMENDED

That:

1.     The information contained in the report on Castlereagh Road, Castlereagh - Proposed Extension of Double-Barrier Linemarking be received.

2.     At the intersection of Castlereagh Road and Church Lane, Castlereagh, the double-barrier linemarking (BB) be extended by 400m in a southerly direction, and 50m in a northerly direction, with associated raised pavement markers.

3.     Councillor Tricia Hitchen, Mr Bart Bassett MP Member for Londonderry, and the Roads and Maritime Services be notified of Council’s resolution.

 

3        Astwood Street & Cassandra Place, Colyton - Proposed Change to Priority to Establish a Reverse T-Intersection                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Astwood Street & Cassandra Place, Colyton - Proposed Change to Priority to Establish a Reverse T‑Intersection be received.

2.     “Give Way” signage and associated linemarking be provided in Cassandra Place, at the intersection with Astwood Street, Colyton.

3.     Variable message signs be placed at the location to advertise the proposed changes for a period of at least two weeks prior to the changes being implemented.

4.     The resident who made the submission be advised of Council’s resolution.

 

4        Peppertree Drive, Erskine Park - Proposed Extension of Part-Time Bus Zone at James Erskine Public School                                                                                                      

RECOMMENDED

That:

1.     The information contained in the report on Peppertree Drive, Erskine Park - Proposed Extension of Part-Time Bus Zone at James Erskine Public School be received.

2.     The existing part-time “Bus Zone (8am–9.30am and 2.30pm-4pm School Days)”, fronting James Erskine Public School on Peppertree Drive, Erskine Park, be extended westward (by 23.0m) to a total length of approximately 37.0m to adjoin the existing “No Stopping” zone at the school’s driveway opposite Phoenix Crescent.

3.     The Principal of James Erskine Public School be requested to advise the School’s P&C Association, and place a notice of the proposed changes in the School’s newsletter or other means to notify parents at the School.

4.     James Erskine Public School and the bus service provider be notified of Council’s resolution.

 

5        Werrington Road, Werrington - Proposed Provision of "No Stopping" Restrictions at Kurrambee School                                                                                                            

RECOMMENDED

That:

1.     The information contained in the report on Werrington Road, Werrington - Proposed Provision of "No Stopping" Restrictions at Kurrambee School be received.

2.     “No Stopping” restrictions be implemented at distances of 2.0m from the layback, on either side of the driveway at Kurrambee School on Werrington Road, Werrington, as per Appendix 1.

3.     The School Principal be requested to advise the School’s P&C Association of the changes, and to place notices in the School’s newsletter.

4.     Kurrambee School and Councillor John Thain be advised of Council’s resolution.

 

6        Glenmore Parkway, Glenmore Park - Proposed Kerbside Blisters & "No Stopping" Restrictions at Glenmore Park High School                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Glenmore Parkway, Glenmore Park - Proposed Kerbside Blisters & "No Stopping" Restrictions at Glenmore Park High School be received.

2.     “No Stopping” restrictions be extended to 13.0m west of the sporting field car park exit driveway, adjacent to the existing pedestrian refuge at Glenmore Park High School, on Glenmore Parkway, Glenmore Park.

3.     The project for constructing kerbside blister islands on approaches to the existing pedestrian refuge facility, fronting Glenmore Park High School (as shown in Appendix 1) be entered into Council’s Traffic Facilities Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

4.     The Principal of Glenmore Park High School, the resident and Mrs Tanya Davies MP Member for Mulgoa be advised of Council’s resolution.

 

7        Troy Street, Emu Plains - Proposed Removal of Part-Time Bus Zone                      

RECOMMENDED

That:

1.     The information contained in the report on Troy Street, Emu Plains - Proposed Removal of Part-Time Bus Zone be received.

2.     The part-time bus zone on the western side of Troy Street, Emu Plains, fronting Our Lady of the Way Primary School, be removed as shown in Appendix 1.

3.     Our Lady of the Way Primary School and the bus companies be advised of Council’s resolution.

 

8        Hindmarsh Street, Cranebrook - Proposed Provision of "No Stopping" Signage   

RECOMMENDED

That:

1.     The information contained in the report on Hindmarsh Street, Cranebrook - Proposed Provision of "No Stopping" Signage be received.

2.     “No Stopping” restrictions be implemented for approximately 15.0m, from the intersection with Grays Lane, on the northern side of Hindmarsh Street, Cranebrook, to an endpoint 1.0m west of the driveway at house number 125.

3.     “No Stopping” restrictions be signposted for 10.0m, from the intersection with Hindmarsh Street, on the eastern side of Grays Lane, Cranebrook.

4.     Affected residents be notified of Council’s decision.

 

9        Proposed Bus Route, Bus Stops & Bus Zones through Kingswood, Werrington, St Marys, Oxley Park, Colyton, St Clair & Erskine Park

LTC Comment

The Committee noted that Lenore Drive is a State road under the control and management of the Roads and Maritime Services (RMS).  The RMS representative endorsed the provision of the proposed bus zones on the State road of Lenore Drive, Erskine Park, subject to their relocation to approximately 105m east of Grady Crescent.  As such, a separate RMS approval is not required.

 

RECOMMENDED

That:

1.     The information contained in the report on Proposed Bus Route, Bus Stops & Bus Zones through Kingswood, Werrington, St Marys, Oxley Park, Colyton, St Clair & Erskine Park be received.

2.     Transit Systems/Transport for NSW advertise their proposed bus routes, the proposed use of existing bus stops/bus zones and the proposed new bus zone locations in the local papers for these areas for two weeks, requesting submissions within a minimum 14 day period and provide advice to Council on any comments or objections.  Any substantial objections to be further reported to the Local Traffic Committee.

3.     Transit Systems/Transport for NSW notify the local bus operators of the proposed routes, the proposed use of existing bus stops/bus zones and the proposed new bus zone locations and provide advice to Council on any comments or objections.  Any substantial objections to be further reported to the Local Traffic Committee.

4.     Subject to no substantial objections being received, Council endorse the proposed new bus routes, as shown on Appendix 1.

5.     Council endorse the proposed use of existing bus stops/bus zones along the new routes, subject to the applicant providing documentary evidence to Council prior to the bus stops/bus zones becoming operational in the Penrith Local Government Area for this service that the bus stops/bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

6.     Council endorse the installation of the bus zones in Lenore Drive, Erskine Park (as shown on amended Appendices 2 and 3) at:

a.   Lenore Drive, westbound, 20m long bus zone beginning 10m from the kerb return tangent point on the departure side of Tyrone Place (opposite John Morphett Place);

b.   Lenore Drive, eastbound, 20m long bus zone beginning 10m from the kerb return tangent point on the departure side of John Morphett Place;

c.   Lenore Drive, eastbound, 20m long bus zone beginning 105m from the kerb return tangent point with Grady Crescent; and

d.   Lenore Drive, westbound, 20m long bus zone opposite the westbound bus zone located east of Grady Crescent,

 

subject to the applicant providing documentary evidence to Council prior to the bus zones becoming operational in the Penrith Local Government Area for this service that the bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

The applicant provide any required infrastructure and provide documentary evidence to Council prior to all the bus stops/bus zones in the Penrith Local Government Area becoming operational for this service that the bus stops/bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

7.     All works be carried out at no cost to Council.

8.     Transit Systems/Transport for NSW be advised of Council’s resolution.

 

10      Penrith Railway Station Northern Commuter Car Park - Proposed Improvements to Traffic Control & Parking                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Railway Station Northern Commuter Car Park - Proposed Improvements to Traffic Control & Parking be received.

2.     The “No Stopping” signs, “Pedestrian Crossing” signs, additional “No Right Turn” sign, “Park in Marked Bays Only” signs and car park directional signs, as shown on Appendix 1, be implemented.

3.     Transport for NSW Sydney Trains be advised of Council’s resolution.

 

 


 

11      Bringelly Road, Kingswood - Proposed Provision of "No Stopping" Restrictions & Bus Zone                                                                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Bringelly Road, Kingswood - Proposed Provision of "No Stopping" Restrictions & Bus Zone be received.

2.     Consultation be conducted with the operators of the childcare centre and the adjoining resident in Bringelly Road regarding the proposed “No Stopping” zone and “Bus Zone” in Bringelly Road, as shown on Appendix 1, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections from the consultation process, the 18m “No Stopping” zone and 25m “Bus Zone” be installed in Bringelly Road, Kingwood at the southbound approach to Caddens Road, as shown on Appendix 1.

4.     The resident who made representations to Council regarding this matter be advised of Council’s resolution.

5.     Busways be advised of Council’s resolution.

 

12      Rodley Avenue & Worth Street, Penrith - Proposed Provision of "No Stopping" Restrictions                                                                                                                        

RECOMMENDED

That:

1.     The information contained in the report on Rodley Avenue & Worth Street, Penrith - Proposed Provision of "No Stopping" Restrictions be received.

2.     Consultation be conducted with residents affected by the proposed installation of the “No Stopping” zones at the intersection of Rodley Avenue and Worth Street, Penrith, as shown on Appendix 1, and any substantial objections be referred to the Local Traffic Committee.

3.     Subject to no substantial objections from the consultation process, the “No Stopping” restrictions be installed at the north-western corner and the north‑eastern corner of Rodley Avenue and Worth Street, Penrith, as shown on Appendix 1.

4.     The resident who made representations to Council be advised of Council’s resolution.

 

13      Glenbrook Street, Jamisontown - Proposed Provision of "No Stopping" Restrictions    

RECOMMENDED

That:

1.     The information contained in the report on Glenbrook Street, Jamisontown - Proposed Provision of "No Stopping" Restrictions be received.

2.     The existing “No Stopping” zone at the shopping centre driveway be extended across the frontage of the proposed childcare centre at 9‑11 Glenbrook Street, Jamisontown, as shown on Appendix 1.

3.     All signage costs are to be borne by the applicant.

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

 

 

GENERAL BUSINESS

 

GB 1          Penrith, South Penrith & Glenmore Park – Proposed Bus Route, Bus Stops & Bus Zones  (Raised Council)                                                                                                             

The purpose of this report is to consider an application for a new bus route through Penrith, South Penrith and Glenmore Park, use of existing bus stops/bus zones, and proposed new bus stops/bus zones.  The report recommends that the bus route, use of existing bus stops/bus zones and the proposed new bus stops/bus zones be approved, subject to conditions.

 

Transport for New South Wales (TfNSW), in conjunction with Busways, has applied to Council for endorsement of a new bus route operating between Penrith Railway Station and the new Glenmore Park Stage 2 development site.  At this time the service is proposed to be implemented in mid-May and operate daily, with more regular services during the weekday peak periods.

 

The proposed route from Penrith Railway Station, and return, shown on Appendix 1, is along the following roads in the Penrith Local Government Area (LGA):

 

·    Station Street, Derby Street, Castlereagh Street and Stafford Street in Penrith;

·    Evan Street in Penrith and South Penrith;

·    Smith Street in South Penrith;

·    The Northern Road in South Penrith and Glenmore Park; and

·  Glenmore Parkway, Glengarry Drive, Bradley Street, Darug Street, Glenmore Ridge Road, Bluestone Drive, Ridgetop Drive, Shearwater Drive and Woodlands Drive in Glenmore Park.

 

A route assessment, which included a trial bus test drive, was conducted along the proposed route.  The route assessment did not highlight any areas of concern at any proposed road or intersection.

 

The route from Penrith Railway Station to Glenmore Park is intended by TfNSW and Busways to use existing bus stops/bus zones along the route; however, to ensure services are relevant and well patronised, it is proposed that four new bus stops be installed on the south side of Smith Street between Evan Street and The Northern Road, opposite existing bus stop locations.

 

It is also proposed to install new bus stops/bus zones on The Northern Road, north of the Maxwell Street and Bringelly Road signals, replacing the “No Stopping” restrictions along the kerbside lane on the west side as required.  Busways is seeking approval from the Roads and Maritime Services (RMS) for the proposed bus stops/bus zones on The Northern Road, as it is a State road.  Bus stops/bus zones are also proposed for the existing busbays on Bradley Street, between Glengarry Drive and Glenmore Ridge Road, replacing the current “No Stopping” restrictions as required.

 

Busways is proposing to operate a short working diversion where some services will terminate on Darug Street, Glenmore Park before Glenmore Ridge Road during the weekday morning and afternoon peak periods.  As such, the bus operator is seeking approval to operate on Deerubbin Drive, between Darug Street and Glenholme Drive, and on Glenmore Ridge Road between Glenholme Drive and Darug Street.  All other services will continue on the proposed route to return to Penrith Railway Station via The Northern Road.  It is possible that these services will continue to the roundabout of Glenmore Parkway and Luttrell Street to utilise the existing bus stops on Glenmore Parkway, adjacent to and opposite the shopping centre, before turning around.

 

TfNSW and Busways have advised that improving public transport access to major development areas, such as Glenmore Park Stage 2, is a key strategy that the State Government is looking to deliver through this service proposal.  Council is supportive of this and of the provision of improved bus services throughout our LGA.

 

Council is, however, also mindful that the Disability Standards for Accessible Public Transport (DSAPT) 2002 has been laid before the Parliament.  Under the Disability Discrimination Act (DDA), a standard adopted by the Minister must be complied with.  Section 32 of the DDA reads as follows:

 

“It is unlawful for a person to contravene a disability standard”.

 

The Local Traffic Committee recommends approval and Council, under delegation from the RMS, approves bus stop and bus zone locations as requested by applicants, namely TfNSW and bus operators.  At law, it is common ground that where there is a power to approve there is also a power to impose conditions.

 

The Disability Standards also require “providers” to ensure bus stops comply with the standards.  It is our position that Council is not the “provider” with regard to the bus stops/bus zones associated with this application.  As Council, under delegation, approves bus stops and bus zone locations, such approval shall only be granted based on compliance by the applicant with the DDA.

 

Council’s position is that additional use of existing bus stops/bus zones proposed by any bus service applicant, and any proposed new bus stops/bus zones, are required to be assessed by the bus service applicant for compliance with the legislative requirements of the DDA and the DSAPT for bus stops.  The bus service applicant is required to ensure that any identified works are undertaken to comply and provide documentary evidence to Council of compliance prior to the bus service becoming operational.

 

TfNSW and Busways will also be requested to undertake public consultation and advertise the proposed routes, use of existing bus stops/bus zones and the proposed bus zones on The Northern Road and Bradley Street.

 

Council understands the importance of providing public transport services to meet the community needs and Council is always happy to investigate improvements, however we are mindful of the legislative requirements placed on service providers when providing these services, in particular the compulsory requirements of the DDA.

 

LTC Comment

The Committee noted that The Northern Road is a State road under the control and management of the Roads and Maritime Services (RMS), and the RMS representative endorsed the provision of the proposed bus zones on this road.  As such, a separate RMS approval is not required.

 

 

 

RECOMMENDED

That:

1.    Transport for NSW and Busways advertise the proposed bus route, the proposed use of existing bus stops/bus zones and the proposed new bus zone locations in the local papers for these areas for two weeks, requesting submissions within a minimum 14 day period and provide advice to Council on any comments or objections.  Any substantial objections be further reported to the Local Traffic Committee.

2.    Subject to no substantial objections being received, Council endorse the proposed new bus route, as shown on Appendix 1.

3.    Council endorse the proposed use of existing bus stops/bus zones along the new routes, subject to the applicant providing documentary evidence to Council, prior to the bus stops/bus zones becoming operational for this service, that the bus stops/bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

4.    Council endorse the installation of bus zones on The Northern Road, South Penrith, north of the Maxwell Street and Bringelly Road signals, replacing the “No Stopping” restrictions along the kerbside lane on the west side as required.  Council also approve the installation of bus zones at the existing busbays on Bradley Street between Glengarry Drive and Glenmore Ridge Road, Glenmore Park, replacing the current “No Stopping” restrictions as required.

5.    Subject to the applicant(s) providing documentary evidence to Council prior to the bus zones becoming operational for this service, that the bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

6.    The applicant(s) provide any required infrastructure and provide documentary evidence to Council prior to all the bus stops/bus zones becoming operational for this service, that the bus stops/bus zones comply with the legislative requirements of the Disability Discrimination Act and Disability Standards for Accessible Public Transport for bus stops, or alternatively such upgrades are not required by the Disability Standards.

7.    All works be carried out at no cost to Council.

8.    Transport for NSW and Busways be advised of Council’s resolution.

 

 

GB 2          Gascoigne Street, Penrith – Proposed Provision of “No Parking” Restrictions  (Raised Council)                                                                                                                         

Council’s Trainee Engineer raised a matter on behalf of the Mayor, Councillor Ross Fowler OAM, regarding cars being parked across the emergency service vehicle access points for Lemongrove Retirement Village in Gascoigne Street, Penrith.

The Committee noted that on-street parking in Gascoigne Street is in high demand and vehicles are regularly parked across vehicle and pedestrian access points.

To discourage parking, it was recommended that “No Parking” restrictions be installed across all vehicle and pedestrian access points associated with Lemongrove Retirement Village on Gascoigne Street, Penrith.

 

RECOMMENDED

That “No Parking” restrictions be installed across all vehicle and pedestrian access points associated with Lemongrove Retirement Village on Gascoigne Street, Penrith.

 

GB 3          National Heavy Vehicle Regulator – Changes to Heavy Vehicle Access Approvals 

Council has received applications for heavy vehicle access on Local roads within the Penrith Local Government Area.  Council’s Senior Traffic Engineer has reviewed vehicle access requirements and turning paths for:

·  Performance Based Scheme (PBS) vehicle access from Castlereagh Road along Andrews Road to number 126 Andrews Road, Penrith;

·  Performance Based Scheme (PBS) vehicle access from Mulgoa Road along Batt Street, left into Regentville Road, right into Abel Street, left into Harford Street, to number 4 Harford Street, Jamisontown;

·  B-double vehicle access from Lenore Drive along the length of Grady Crescent, Erskine Park and along Lockwood Road to its end, Erskine Park.

Council’s Senior Traffic Engineer also advised that Lenore Drive is a Roads and Maritime Services (RMS) classified road which the RMS is separately assessing for B-double access approval on the new, extended sections to the east.

 

RECOMMENDED

That:

1.          Council approve that Road Manager’s consent be provided to the National Heavy Vehicle Regulator (NHVR) for:

a.   Performance Based Scheme (PBS) vehicle access from Castlereagh Road along Andrews Road to 126 Andrews Road, Penrith;

b.   Performance Based Scheme (PBS) vehicle access from Mulgoa Road, along Batt Street to Regentville Road, then along Regentville Road to Abel Street, then along Abel Street to Harford Street, then along Harford Street to number 4 Harford Street, Jamisontown;

c.   25/26 metre B-double vehicle access from Lenore Drive along Grady Crescent to its end, Erskine Park;

d.   25/26 metre B-double vehicle access from Templar Road along Lockwood Road to its end, Erskine Park.

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

 

GB 4          Second Avenue, Kingswood – Request for Provision of Parking Restrictions  (Raised Councillor Tricia Hitchen, Representative for the Member for Penrith)                

Councillor Tricia Hitchen, representative for the Member for Penrith, raised concerns on behalf of parents at Kingswood Public School, regarding parking in the public car park near the school being occupied by university students due to on-street parking spaces being occupied in Second Avenue, Kingswood.

Councillor Tricia Hitchen requested that the provision of timed parking restrictions be considered in Second Avenue, Kingswood, near the school.

 

RECOMMENDED

That the matter be investigated.

 

GB 5          Fishing Expo in Penrith on 5 & 6 April 2014  (Raised Penrith Police)               

The Penrith Police representative advised that a Fishing Expo was held at the Penrith Paceway on the weekend of 5 and 6 April 2014, and questioned whether Council had been advised of the event.

 

RECOMMENDED

That Council write to the event organiser and to the Penrith Paceway advising of the process for event endorsement through Council and the traffic management requirements for special events.

 

GB 6          Batt Street, Jamisontown – Request for Provision of Timed Parking Restrictions  (Raised Councillor Marcus Cornish)

Councillor Marcus Cornish raised concerns on behalf of a business operator on Batt Street, Penrith, regarding employees from nearby businesses parking their vehicles all day in Batt Street, near Regentville Road, which reduces available parking for customers of local businesses.  Councillor Marcus Cornish requested the provision of timed parking restrictions (possibly 2P) in Batt Street, Penrith, near Regentville Road.

 

RECOMMENDED

That the matter be investigated.

 

GB 7          Phillip Street, St Marys – Pedestrian Safety  (Raised St Marys Police)            

The St Marys Police representative raised concerns, on behalf of a resident, regarding pedestrian safety at the pedestrian crossing in Phillip Street, near Gidley Street, St Marys, and requested a lighting assessment at this location.

 

RECOMMENDED

That the matter be investigated.

 

GB 8          New Busways Depot  (Raised Busways)                                                              

The Busways representative advised that the new Busways depot on Mullins Road, Penrith is now operational.

 

RECOMMENDED

That the Committee note the information.

 

GB 9          Bus Stop Signage – Updates  (Raised Busways)                                                

The Busways representative advised that Busways is updating all bus stop signage on routes 797 and 799 in Glenmore Park.

 

RECOMMENDED

That the Committee note the information.

 

GB 10        Glenmore Parkway, Glenmore Park – Request for Speed Counts  (Raised Representative for the Member for Mulgoa)                                                                            

The representative for the Member for Mulgoa requested speed counts to be conducted on Glenmore Parkway, Glenmore Park, between Woodlands Drive and Candlebark Circuit, following concerns raised by residents regarding speeding vehicles.

 

RECOMMENDED

That:

1.     The matter be investigated.

2.     Mrs Tanya Davies MP, Member for Mulgoa, be advised of the results of the investigations.

 

GB 11        Thank You to Outgoing Local Traffic Committee Chairperson  (Raised Councillor Marcus Cornish)                                                                                                                         

Councillor Marcus Cornish advised the Committee that Michael Alderton, Council’s Road Network Services Engineer (RNSE), has been appointed to another position within Council and will no longer hold the role of Local Traffic Committee Chairperson.  Councillor Marcus Cornish thanked Michael, on behalf of the Committee members, for his commitment to the role and his ongoing support and assistance during his time as Chairperson and RNSE in Council’s Traffic Section.

Councillor Marcus Cornish moved a motion that Council prepare a letter of thanks to Michael for his support and commitment to the Local Traffic Committee and Council’s Traffic Section over the past 8½ years.

 

RECOMMENDED

That Council prepare a letter of thanks to Council’s Road Network Services Engineer, Michael Alderton, recognising his support and efforts as Chairperson of the Local Traffic Committee for the past 8½ years.

 

 

There being no further business the Chairperson declared the meeting closed, the time being 11:25am.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 April, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                                   28 April 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 14 April, 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, John Thain and Michelle Tormey.

 

APOLOGIES

There were no apologies.

 

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

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

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Stage 2 of the City-wide Local Environmental Plan - Werrington Business Park

Prior to the consideration of this matter, Councillors were provided with a revised report.

Councillor Jim Aitken OAM left the meeting, the time being 7:05pm.                                         

RECOMMENDED

That:

1.     The information contained in the report on Stage 2 of the City-wide Local Environmental Plan - Werrington Business Park be received.

2.     Council endorse the retention of the B7 Business Park zone, supported by the additional local provision controlling warehouses and distribution centres, on the University of Western Sydney’s Werrington Campuses. 

3.     Council endorse the application of the R3 Medium Density Residential, E2 Environmental Conservation and B7 Business Park Zones to the Werrington Signals Site in accordance with Appendix 3.

4.     Council form the view that the alternative zoning solution for the Werrington Signals site identified in Appendix 3 does not represent a material change in the proposed zoning for the Werrington Business Park and that the proposed zoning changes be forwarded to NSW Planning and Infrastructure.

5.     Council write to NSW Planning and Infrastructure seeking the Minister’s view on whether public exhibition of the alternative zoning solution identified in Appendix 3 is required. That correspondence should request that, if the Minister determines that re-exhibition is not required, the amended zoning solution for the Werrington Signals Site be included as part of the City-wide Local Environmental Plan.

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

2        Planning Policy for Child Care Centres                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Planning Policy for Child Care Centres be received. 

2.     Additional provisions be included in Penrith Development Control Plan to ensure due consideration is given to road network capacity and pedestrian safety when assessing development for child care centres as identified in this report.

3.     Additional Guidelines relating to the development of Child Care Centres be placed on the Council’s website and that the words ‘design’ and ‘location’ be added to the additional provisions to be included in the Penrith Development Control Plan relating to the placement and vehicular movement and access to and from a proposed Child Care Centre.  

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

Outcome 4 - We have safe, vibrant places

 

3        Penrith CBD Drainage Design Standard & Implementation Strategy

Councillor Jim Aitken OAM returned to the meeting, the time being 7:14pm.                             

RECOMMENDED

That:

1.     The information contained in the report on Penrith CBD Drainage Design Standard & Implementation Strategy be received.

2.     Council’s adopted drainage standard for Urban Residential and Commercial/Industrial areas (PRC July 2006) be amended as per the recommendations in Table 1-1 of the report with specific new categories and standards for Urban Residential within the Penrith CBD Limits and Commercial and Business areas within the Penrith CBD Limits.

3.     Detailed design of Option A4 be approved to be developed for construction tender, with award of tender to be subject to receiving approval of the LIRS Round 3 application.

 

 

Outcome 5 - We care about our environment

 

4        On-site Sewage Management and Grey Water Reuse Policy

Councillor Jim Aitken OAM left the meeting, the time being 7:17pm.                                         

RECOMMENDED

That:

1.     The information contained in the report on On-site Sewage Management and Grey Water Reuse Policy be received.

2.     The revised On-Site Sewage Management and Greywater Reuse Policy be adopted by Council.

 

 

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

 

5        Draft Keeping of Animals Local Orders Policy

Councillor Jim Aitken OAM returned to the meeting, the time being 7:18pm.

Councillor Jim Aitken OAM left the meeting, the time being 7:19pm.

Councillor Mark Davies left the meeting, the time being 7:21pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:21pm.

Councillor Mark Davies returned to the meeting, the time being 7:24pm.                                   

RECOMMENDED

That:

1.     The information contained in the report on Draft Keeping of Animals Local Orders Policy be received.

2.     The matter be deferred to allow for a refinement of the Draft Policy, taking into consideration capacity issues, with a further report be brought back to a future Policy Review Committee Meeting.

 

6        Penrith Homelessness Summit                                                                                       

RECOMMENDED

That:

1.   The information contained in the report on the Penrith Homelessness Summit be received.

2.   Council thank Wentworth Community Housing for contributing $1,000 towards the holding of the Penrith Homelessness Summit.

3.   Council fund the remaining funding requirements to hold the Penrith Homelessness Summit with an allocation of $5,000 contributed equally from all Wards’ Voted Works.

 

 

Outcome 7 - We have confidence in our Council

 

7        2014 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                             

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

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 April, 2014 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        DA12/0786.02 Section 96 Modification to adjust the boundary of an approved 2 lot subdivision and amend condition 6 (c) of the consent 86-94 Andromeda Drive, Cranebrook    Applicant: Whelans Insites Pty Ltd;  Owner: ~Trustees of the Roman Catholic Church Diocese of Parramatta

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

 

2        Development Application DA13/0288.01 Proposed section 82A review of determination 86-94 Andromeda Drive, Cranebrook Applicant: Whelans Insites Pty Ltd;  Owner: ~Trustees of the Roman Catholic Church Diocese of Parramatta

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               14

 

3        Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DP 1130750, (No. 56) Second Avenue, Kingswood

Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood Applicant: University of Western Sydney;  Owner: ~Hassell Pty Ltd and Capital Works and Facilities

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               45

 

 

 

Outcome 3 - We can get around the City

 

4        Ninth Avenue, Llandilo - Traffic Congestion at Xavier College                                        55

 

Outcome 4 - We have safe, vibrant places

 

5        Kingswood Public Domain Manual                                                                                  61

 

6        Request for Physical Closure of Mackay Lane, Emu Plains                                           66

 

7        Life Education NSW                                                                                                         82

 

8        Dunheved Business Park Survey                                                                                    84

 

 

 

 

Outcome 5 - We care about our environment

 

9        Floodplain Risk Management Committee                                                                        90

 

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

 

10      Youth Week Funding History                                                                                         102

 

11      NSW Public Library Association Community Funding Campaign                                 107

 

12      Penrith Valley Regional Sports Centre - ClubGrants Category 3 Submission              111

 

 

 

Outcome 7 - We have confidence in our Council

 

13      The Exhibition of the revised Delivery Program 2013-17 (incorporating the 2014-15 draft Operational Plan and Fees & Charges)                                                                         116

 

14      Proposed Permanent Closure of Part Station Lane, Penrith at Nos. 101-107 Station Street, Penrith                                                                                                                                         128

 

15      Summary of Investments & Banking for the period 1 March  to 31 March 2014         131

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        DA12/0786.02 Section 96 Modification to adjust the boundary of an approved 2 lot subdivision and amend condition 6 (c) of the consent 86-94 Andromeda Drive, Cranebrook   Applicant: Whelans Insites Pty Ltd;  Owner: ~Trustees of the Roman Catholic Church Diocese of Parramatta

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

 

2        Development Application DA13/0288.01 Proposed section 82A review of determination 86-94 Andromeda Drive, Cranebrook Applicant: Whelans Insites Pty Ltd;  Owner: ~Trustees of the Roman Catholic Church Diocese of Parramatta

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               14

 

3        Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DP 1130750, (No. 56) Second Avenue, Kingswood

Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood Applicant: University of Western Sydney;  Owner: ~Hassell Pty Ltd and Capital Works and Facilities

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               45

 

 

 

 

 



Ordinary Meeting                                                                                                   28 April 2014

 

 

 

1

DA12/0786.02 Section 96 Modification to adjust the boundary of an approved 2 lot subdivision and amend condition 6 (c) of the consent 86-94 Andromeda Drive, Cranebrook   Applicant:  Whelans Insites Pty Ltd;  Owner:  Trustees of the Roman Catholic Church Diocese of Parramatta   

 

Compiled by:               Hannah Van De Werff, Acting Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

     

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

 

Executive Summary

Council is in receipt of a Section 96 Application to modify the boundary of a two lot subdivision approved by Council officers under delegated authority on 9 November 2012.

The modification seeks to realign the boundary and amend condition 6c of the consent (in regard to the existing Vegetation Management Plan (VMP) for the site). The request to amend the condition is supported by a new Vegetation Management Plan which includes the management and maintenance of vegetation on the school site to facilitate future residential subdivision of Proposed Lot 101 (currently before Council under DA13/0288.01). The VMP which seeks to replace maintenance requirements under the previous Site Management Plan (prepared by Gunninah dated November 2000) is an ‘all encompassing’ plan to include previous and current vegetation management requirements. It will also account for the future subdivision of Lot 101 which will see the translocation of isolated stands of protected species from Proposed Lot 101 into the grounds of Corpus Christie Primary School (proposed Lot 100), as well as the maintenance and protection of vegetative corridors along the perimeter of proposed lot 101.

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. 

In accordance with Chapter 2.7 of Penrith DCP 2006, the proposed development has been notified to a total of 46 property owners and residents. No submissions were received to the proposal.

An assessment under Section 79C and Section 96 of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) has been undertaken and the application is recommended for approval.

 

Background

Council records indicate approval for the subject 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 (DA12/0786) on 9th September 2012 for the same 2 lot torrens title subdivision.

The proposed modification seeks to realign the boundary of the subdivision approved under DA12/0786. The realignment responds to the design and layout of a residential subdivision of proposed Lot 101 currently before Council (DA13/0288.01).

The 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 accounts for a residue lot to the north western portion of proposed lot 101 which is to be used a bio-retention basin (stormwater treatment area). The proposed modification will result in a slightly greater amount of land remaining on the proposed Lot 100.

 

Site and Surrounds

The subject site is situated on the eastern side (rear) of the existing Corpus Christi school and is currently vacant (See Locality Map). The site has frontage to The Northern Road to the east (113.65m) and Cassar Crescent to the north (183.985m). The southern boundary (orientated to the rear boundary of existing residential dwellings within Goldmark Crescent) is 192.415m wide. The total land area is 2.017 Hectares and the site 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

The proposed Section 96 modification seeks to modify Condition 6c of the development consent which relates the imposition of vegetation management requirements on title. The recommendations of the Site Management Report (Gunninah Environmental Consultants, 2000) are proposed to be replaced by a new Vegetation Management Plan which has been assessed by Council officers and recommended for approval, along with a future residential development of proposed Lot 101 (DA13/0288.01). As such, the Site Management Plan is superseded my new regimes which are relevant to site, in its current condition.

The Section 96 also seeks to modify the approved internal boundary alignment as per the following:

 

 

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 modification to the boundary reflects a proposed bio-retention basin (on lot 101) and results in a slight increase to the land area of proposed Lot 100, which will accommodate a Vegetation Management Area to the rear of the Corpus Christie Primary School.

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 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.   Section5A – Significant effect on threatened species, population 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 to the perimeter of proposed lot 101. 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 has recently been prepared for development on proposed lot 101. The report calls for a Vegetation Management Plan for the relocation of isolated threatened species and protection of vegetation to the perimeter of proposed Lot 101. The report identifies vegetation management areas within each of the lots (proposed Lot 100 and Lot 101) and therefore the recommendations and regimes within the Vegetation Management Plan are relevant to the current and future land uses, and aims to facilitate the effective management of both parcels of land, in perpetuity.

It is therefore 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 applied to both land titles (proposed Lot 100 and 101).  

2.   Section 96- Modification to consent generally

Having regard to the provisions of Section 96 of the Act. The proposed modification is unlikely to have adverse environmental impact and therefore can be treated as a Section 96(1A) modification. 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.

 

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

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

 

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 aim 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 approved subdivision and modified boundary adjustment does not involve any works and hence no impact is likely to occur.

Penrith Local Environmental Plan 1998 (Urban Lands) (LEP 1998)

Permissibility

The subject site is zoned 2(b) Residential (Low Density) under the provisions of Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).  The proposal complies with the requirements for subdivisions under Clause 10.  It also meets the requirements of Clause 34 which states that consent is required for subdivisions.

The proposed modification maintains consistency with the aims and objectives of both the LEP and the zone itself.

Development Standards

Clause 10 Subdivision Controls

This clause outlines the subdivision controls for various zones.  The objectives of the controls are to prescribe minimum lot areas and minimum lot widths for land within a residential or rural – residential zone that will:

 

(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

 

The proposed subdivision is sympathetic to the existing subdivision pattern in the locality and compliant with the minimum 550m2 allotment size and 15m frontage requirements of the LEP. 

 

Clause 14 provision for design principles in development generally

The approved subdivision is considered to be consistent with Clause 14 as far as providing a subdivision which will not adversely impact on the topography and setting of the area as well as the existing streetscape.

 

The proposed modification 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 suitably 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).

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

The subject site is zoned R2 – Low Density under the draft instrument. The subdivision and proposed modification does not compromise the draft zone.

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

Penrith DCP 2006

DCP Objectives

The proposed modification is consistent with the DCP objectives.

Numerical and Design Requirements

 

Section 4.7 Residential – Guidelines for Subdivision

The approved development and proposed modification satisfies the numerical requirements of the DCP. The relevant sections of the design requirements which are affected by the proposed modification are discussed below:

 

Landscape and Site Planning

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 6c 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 new VMP necessitating amendments to Condition 6c. A revised VMP has been submitted and as discussed in Section 1 of this report; details translocation of fenced portions of threatened plant species and the protection of existing vegetation on proposed Lot 101. The development of proposed lot 101 will then result in a conservation area within the Corpus Christie Primary School site (Proposed Lot 100). It is recommended, to utilise this opportunity to secure improved management of vegetation 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 6c 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.

 

Drainage

The proposed modification does not compromise the original assessment of the proposed two lot subdivision. It is however noted that, the application before Council for future subdivision (DA13/0288.01) addresses’ the DCP requirements and Councils Water Sensitive Urban Design (WSUD) policy to effectively manage and treat stormwater runoff. Additional drainage works to Cassar Crescent have also been considered under DA13/0288.01.

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

This section is not applicable for the subject application.

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

Built and Natural Environment

The proposed modification to the boundary alignment has brought 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 every one removed, within the management of the school site. 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 (see Attachment 4).

In summary, whilst the proposed boundary adjustment itself is unlikely to have any impact on the built and natural environmental, 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).

The character of the place and its local and regional context

The proposed boundary adjustment 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 compromising of native vegetation.

Site management requirements, infrastructure and services

It is recommended that Condition 6c of the consent be amended to secure the management of both lots in accordance with the Vegetation Management Plan provided as part of this application and DA13/0288.01.

It is recommended all existing conditions of consent relating to the registration of easements and provision of services remain on the consent, as currently imposed.

Subject to compliance with conditions of consent the development is unlikely to have adverse impact on site management requirements, infrastructure and services.

Social and Economic

The proposed modification has no impact on the immediate surrounds or broader community nor is it likely to give rise to any health, safety and compatibility issues.

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

The proposed modification to the subdivision boundary does not compromise the suitably of the site for the approved subdivision.

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

(i)         Internal Referrals

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

Referral Body

Comments Received

Biodiversity officer

No objection

Development Engineer

No objection

(ii)        Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan for the City of Penrith 2006 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents. Council notified 46 residences in the area and has received no submissions in response.

The application was neighbour notified between 12 December 2013 and 10 January 2014.

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

The proposed development is consistent with the objectives of the EP&A Act in so far as it promotes the co-ordinated and orderly, and economic use and development of the land.  As a result Council can be satisfied that the development subject to conditions is consistent with the public interest.

 

Section 94 Contributions

Section 94 Contributions were originally indexed and apply to the subject development. Existing conditions on the consent require the payment of Section 94 Contributions prior to the issue of a Subdivision Certificate.

 

Conclusion

The proposed modification maintains a positive development outcome having regard to the heads of consideration under Section 79C and Section 96(1A) of the EP&A Act 1979.

 

The additional Vegetation Management measures will ensure appropriate management of the existing Corpus Christie school site as well as secure a conservative and high quality aesthetical urban form, with the protection of vegetative corridors along the perimeter of proposed Lot 101 and to the interface of the internal lot boundary. 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 as part of future development, replacement planting will be provided within the VMA on Proposed Lot 100, maintaining optimal environmental outcomes for each of the proposed lots, without comprising the efficient economic development of the land.

 

The modification to the internal boundary is substantially the same as that originally approved and therefore it is recommended the subject Section 96 modification be approved.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on DA12/0786.02 Section 96 Modification to adjust the boundary of an approved 2 lot subdivision and amend condition 6 (c) of the consent 86-94 Andromeda Drive, Cranebrook  be received.

2.    DA12/0786.02 be approved and Condition 6 of the consent be amended as follows:

2.1         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 610.11706V2.0 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.

                                                                                                       

ATTACHMENTS/APPENDICES

1.  

DA12/0786.02 - Locality Map

1 Page

Appendix

2.  

DA12/0786.02 - Approved Plan of Subdivision

1 Page

Appendix

3.  

DA12/0786.02 - Proposed Plan of Subdivision

1 Page

Appendix

4.  

DA12/0786.02 - Vegetation Management Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                28 April 2014

Appendix 1 - DA12/0786.02 - Locality Map

 

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Ordinary Meeting                                                                                                                28 April 2014

Appendix 2 - DA12/0786.02 - Approved Plan of Subdivision

 

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Ordinary Meeting                                                                                                                28 April 2014

Appendix 3 - DA12/0786.02 - Proposed Plan of Subdivision

 

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http://www.pdf-tools.com


Ordinary Meeting                                                                                                                28 April 2014

Appendix 4 - DA12/0786.02 - Vegetation Management Plan

 


Ordinary Meeting                                                                                                   28 April 2014

 

 

 

2

Development Application DA13/0288.01 Proposed section 82A review of determination 86-94 Andromeda Drive, Cranebrook  Applicant:  Whelans Insites Pty Ltd;  Owner:  Trustees of the Roman Catholic Church Diocese of Parramatta   

 

Compiled by:               Jonathon Wood, Consultant Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

     

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

 

Executive Summary

Council is in receipt of a Section 82(A) Review of Determination Application seeking approval for a 21 lot residential subdivision on  proposed lot 101 at No. 86-94 Andromeda Drive, Cranebrook.

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 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 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 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 proposal is 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.

On 24 March 2014, the subject Section 82A Review and Section 96 modification applications was reported to Councils Ordinary Meeting and the matters were deferred pending a Councillor briefing meeting and site inspection.

Council officers presented the development application to Councils Briefing Meeting on 9 April 2014. Key issues such as vegetation, drainage, water quality treatment devices, traffic impact and timeframe for determination were addressed as part of the briefing discussion.

 

Site and Surrounds

The subject site is situated on the eastern side of the existing Corpus Christi school and is currently vacant (See Locality Plan). The site is located to the rear of the Corpus Christi Primary School site with frontage to The Northern Road to the east (113.65m) and Cassar Crescent to the north (183.985m). The southern boundary (orientated to the rear boundary of the existing residential dwelling with Goldmark Crescent) is 192.415m wide. 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

The subject Section 82A Review Application seeks approval for the following works:-

–    Torrens Title subdivision into 21 residential 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 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 4. Vegetation removed from the development is to be translocated and embellished also as per the diagram in Attachment 4 (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.

2.   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).

3.   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 vegetation 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.

As a result the proposals are satisfactory with respect to Penrith Local Environmental Plan 1998 (Urban Land).

4.   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.

5.   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.

 

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 4) within the Corpus Christie Primary School site (Proposed Lot 100).

 

·    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.

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

This section is not applicable for the subject application.

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

Natural Environment Impacts

The Vegetation Management Plan prepared for the proposed development has been considered by 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. 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

Vegetation management measures 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 is 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.

8.   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.

9.   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 objection subject to conditions*

Parks

No objection subject to conditions*

* 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 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 and 82A 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 Development Application DA13/0288.01 Proposed section 82A review of determination 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.  

DA13/0288.01 - Locality Map

1 Page

Appendix

2.  

DA13/0288.01 - Proposed Plan of Subdivision

1 Page

Appendix

3.  

DA13/0288.01 - Landscape Plan

1 Page

Appendix

4.  

DA13/0288.01 - Vegetation Management Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                28 April 2014

Appendix 1 - DA13/0288.01 - Locality Map

 

PDF Creator


Ordinary Meeting                                                                                                                28 April 2014

Appendix 2 - DA13/0288.01 - Proposed Plan of Subdivision

 


Ordinary Meeting                                                                                                                28 April 2014

Appendix 3 - DA13/0288.01 - Landscape Plan

 


Ordinary Meeting                                                                                                                28 April 2014

Appendix 4 - DA13/0288.01 - Vegetation Management Plan

 


Ordinary Meeting                                                                                                   28 April 2014

 

 

 

3

Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DP 1130750, (No. 56) Second Avenue, Kingswood

Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood  Applicant:  University of Western Sydney;  Owner:  Hassell Pty Ltd and Capital Works and Facilities   

 

Compiled by:               Belinda Borg, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

     

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

 

Executive Summary

Council is receipt of two (2) Section 96 applications relating to land utilised by the University of Western Sydney for the Kingswood and Werrington South Campuses. Details of the applications are as follows.

DA08/1223.02 is a Section 96(1A) modification seeking the amendment of Condition 36 relating to the payment of Section 94 contributions. DA08/1223 relates to the construction of seven (7) campus accommodation buildings with an associated common room facility at 56 Second Avenue, Kingswood. The Development Application was approved by Council on 29 February 2009 and construction of these structures has been completed.

DA13/0161.02 is a Section 96(1A) modification seeking the deletion of Condition 40 relating to the payment of Section 94 contributions. DA13/0161 relates to the construction of a three (3) storey research and commercial building, service road, car parking, stormwater drainage works and landscaping at Lot 14 Great Western Highway Kingswood. The Development Application was approved by the Joint Regional Planning Panel on 17 July 2013 and construction of this building has commenced.

The applications are premised on the fact that any development by the University of Western Sydney being Crown development is not subject to Section 94 contributions.

The sites are zoned 5(a) Special Uses (Tertiary Education) under the provisions of Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).

In accordance with Chapter 2.7 of Penrith DCP 2006, the proposed Section 96 applications have not been notified to adjoining property owners.

An assessment under Sections 79C and 96(1A) 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. As a result the proposals are both recommended for approval subject to amended conditions.

Site and Surrounds

The UWS Kingwood Campus is located approximately 4km south-east of the Penrith City Centre and comprises one allotment with a total site area of 61.78 hectares. The Kingswood Campus adjoins the Werrington South campus which is found to the immediate east. The campus is of a rectangular shape bounded by O’Connell Street to the east and Second Avenue to the north (see location plan at Appendix 1). Residential dwellings within Kingswood adjoin the property to the north and west.

The UWS Werrington South Campus is located approximately 7km south-east of the Penrith City Centre. The UWS Werrington South comprises one allotment with a total site area of 47.67 hectares. The Werrington South Campus adjoins the Kingswood Campus which is found to the immediate west. The campus is of an irregular shape bounded by the Great Western Highway to the north and O’Connell Street to the south and west (see location plan at Appendix 1). Residential dwellings within Claremont Meadows adjoin the property to the east.

Proposed Modifications to the Developments

Section 96 Modification Application 08/1223.03 seeks approval to amend Condition 36 to delete the payment of Section 94 contributions.

Condition 36 of DA08/1223 states:

“The development shall remain under the care and control of the University of Western Sydney for the purposes of ‘public benefit’ as directed by Circular D6 -‘Crown Development Applications and Conditions of Consent’ issued by the Department of Urban Affairs and Planning, September 1995. Should the management and operation of the development be used for commercial purposes, then a modification of consent would be required.

This condition is imposed in accordance with Penrith City Council’s Section 94 Contributions Plan(s) for Drainage and Roadworks. Based on the current rates detailed in the accompanying schedule attached to this Notice, $149,888 is to be paid to Council prior to an Occupation 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 Section 94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for the Werrington Enterprise Living and Learning (WELL) may be inspected at Council’s Civic Centre, 601 High Street, Penrith.”

The applicant requests that Condition 36 be modified by the deletion of the second, third and fourth paragraphs that relate to the payment of Section 94 contributions.

No other change is proposed to the approved development.

Section 96 Modification Application 13/0161.02 seeks approval to delete Condition 40 which relates to the payment of Section 94 contributions.

Condition 40 of DA13/0161 states:

This condition is imposed in accordance with Penrith City Council’s Section 94 Contributions Plan(s) for WELL UWS & TAFE Employ Area Roadworks. Based on the current rates detailed in the accompanying schedule attached to this Notice, $121,006.00 is to be paid to Council prior to the occupation of the building (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 WELL UWS & TAFE Employ Area Roadworks may be inspected at Council’s Civic Centre, 601 High Street, Penrith.”

The applicant requests that Condition 40 be deleted. No other change is proposed to the approved development.

Planning Assessment

The modification applications have been assessed in accordance with the matters for consideration under Sections 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.       Crown Development

The proposed developments are ‘crown development’ pursuant to Section 116B of the Environmental Planning and Assessment Act 1979 which means that prior to making a determination of a Crown Development Application, Council must furnish the applicant with a copy of the draft conditions of consent for concurrence.

At the time of assessing Development Application 13/0161 (research and commercial building), Council had received the Section 96 application requesting the deletion of Section 94 contributions for DA08/1223 (campus accommodation).

It is noted that the University of Western Sydney agreed to the implementation of the Section 94 contribution conditions for DA13/0161, however outlined that they would submit a Section 96 application at a later time to review this matter and enable the commencement of construction works.

In assessing the Section 96 applications, the applicant has been given the opportunity to review the modified conditions of consent and an agreement has been reached between both Council and the University.

2.       Section 96 - Modification to Consent Generally

Having regard to the provisions of Section 96 of the Act, the proposed modifications (DA08/1223.03 and DA13/0161.03) are 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 nature of the modifications will have no impact on the environmental qualities of the area, as the amendments relate to the payment of Section 94 contributions only.

(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 modifications do not alter the urban form of the developments and relate specifically to the payment of Section 94 contributions. The developments are substantially the same as that originally granted under DA08/1223 and DA13/0161.

(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 modifications are not required to be neighbour notified in accordance with the Regulations and Chapter 2.7 of Penrith DCP 2006 as the proposals, as amended, will not prejudice any person previously notified.

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

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 deletion of the Section 94 contributions will not impact on the developments’ ability to satisfy SREP 20 in terms of the management and treatment of stormwater.

Penrith Local Environmental Plan 1998 - Urban Land (LEP 1998)

The subject sites are zoned 5(a) Special Uses (Tertiary Education) under the provisions of Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998). The permissibility of both developments remains unchanged by the proposed modifications.

The modifications relate specifically to the payment of Section 94 contributions, therefore compliance with Penrith Local Environmental Plan 1998 (Urban Land) is unchanged.

As a result the proposals are considered to be satisfactory.

Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008

The Werrington Enterprise Living and Learning (WELL) Precinct contains education and institutional uses of regional and State significance, including the University of Western Sydney, the Western Sydney Institute of TAFE Kingswood Campus, Cobham Remand Centre and the NSW Government Archives site.

The University of Western Sydney is seeking a modification to delete the payment of such Section 94 contributions on the basis that as a Crown authority they are not subject to such payments, in accordance with the provisions of the Department of Planning and Infrastructure’s Circular D6 - Crown Development Applications and Conditions of Consent.

Departmental Circular D6 relates to Crown development applications and consent conditions. In particular, the summary guidelines matrix on applying contributions for educational services states that contributions cannot be levied for local roads and only local traffic management associated with the site entrance can be imposed.

Circular D6 effectively states that “local area traffic management measures required as a direct consequence of development” can be applied for site entrance related works and traffic management facilities “required to ensure safe access for the public”.

The Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008 outlines contributions imposed on the land affected by the policy. The traffic management facilities are for a variety of road works, none of which are at the University of Western Sydney Kingswood / Werrington South entrances. The contributions apply to matters such as new cycleways, intersection upgrades, road extensions for access and road upgrades. The proposed works under the Contributions Plan do not relate directly to the site entrances of the University of Western Sydney Campuses.

The WELL precinct traffic management facilities contributions are not considered to satisfy these requirements as the traffic management works are proposed to accommodate growth in traffic within the locality, rather than ensuring safe public access.

Based on the above, Council cannot satisfy the “ensuring safe public access” test in the Circular. The WELL Development Contributions Plan will result in the improvement of appropriate access and congestion management in the locality. Safe access seems to suggest there needs to be an element of risk reduction or safety assurance associated with the roadworks. On this basis Council is not able to impose the contribution.

Consideration has been given to recent Development Applications determined for the University of Western Sydney Campus sites within the Bankstown and Hawkesbury Council areas, revealing the implementation of Section 94 contributions was not imposed in determining similar developments.

Council’s Strategic Planning and Legal Governance Departments have reviewed the proposed modifications and have determined that the payment of Section 94 contributions under the Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008 is not appropriate in this instance.

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

Penrith Development Control Plan 2006

The modification of the Development Applications does not alter the developments’ compliance with Penrith DCP 2006.

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

This section is not applicable for the subject applications.

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

The modification of the development applications to remove the payment of Section 94 contributions does not alter the likely impacts, as assessed as a part of the original Development Applications.

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

The modification of the development applications to remove the payment of Section 94 contributions will not diminish the suitability of each development for their respective sites.

8.       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

Strategic Planning

No objections.

Legal Governance

No objections.

 

Community Consultation

The proposed modifications are not required to be neighbour notified in accordance with the Regulations and Chapter 2.7 of Penrith DCP 2006 as the proposals, as amended, will not prejudice any person previously notified.

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

In assessing these applications against the current relevant planning instruments being Penrith LEP 1998 - Urban Land, Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008 and Penrith DCP 2006, the proposals are found to be satisfactory. The removal of the Section 94 contributions is consistent with the Department of Planning and Infrastructure’s Circular D6 - Crown Development Applications and Conditions of Consent, particularly in relation to the payment of Section 94 contributions.

Conclusion

The proposed modification of the Development Applications DA08/1223 and DA13/0161 is limited to removing the payment of Section 94 contributions.

No other intention is sort as part of the modification of either development, ensuring the broader merits of the proposals remain unchanged.

Consideration of the Department of Planning and Infrastructure’s Circular D6 - Crown Development Applications and Conditions of Consent reveals the imposition of Section 94 contributions in relation to the two developments was not appropriate and the removal of such conditions is worthy of support.

 

RECOMMENDATION

That:

1.1 The information contained in the report on Section 96 Application    DA08/1223.02 for Modification of Condition 36 requiring Payment of           Section 94 Contributions at Lot 2 DP 1130750, (No. 56) Second Avenue,        Kingswood be received.

1.2     Condition 36 of DA08/1223 be modified to read as follows:

The development shall remain under the care and control of the University of Western Sydney for the purposes of ‘public benefit’ as directed by Circular D6 -‘Crown Development Applications and Conditions of Consent’ issued by the Department of Urban Affairs and Planning, September 1995. Should the management and operation of the development be used for commercial purposes, then a modification of consent would be required.

2.1     The information contained in the report Section 96 Application     DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94      Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood   be received.

2.2     Condition 40 of DA13/0161 be deleted.

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

D6 Circular from the Department of Planning

1 Page

Appendix

  


Ordinary Meeting                                                                                                                28 April 2014

Appendix 1 - Locality Plan

 

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Ordinary Meeting                                                                                                                28 April 2014

Appendix 2 - D6 Circular from the Department of Planning

 

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Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

4        Ninth Avenue, Llandilo - Traffic Congestion at Xavier College                                        55

 

 

 



Ordinary Meeting                                                                                                   28 April 2014

 

 

 

4

Ninth Avenue, Llandilo - Traffic Congestion at Xavier College   

 

Compiled by:               Daniel Davidson, Road Safety Co-ordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage programs and initiatives that improve road safety, efficiency, and the parking network

      

 

Executive Summary

The purpose of this report is to advise Council of the nature and duration of traffic congestion at Xavier College on Ninth Avenue, Llandilo, and the issues affecting it.  The report recommends that Council note the information.

Background

A Councillor Request was received from Councillor Kevin Crameri OAM, at Council’s Ordinary Meeting of Monday 3 February 2014 (Ref. RR7), for a report on traffic congestion at Xavier College on Ninth Avenue, Llandilo.

 

Xavier College was constructed on its current site, on Ninth Avenue, in 2004 where it operated for several years with many classes held off site at nearby Corpus Christi Primary School on Andromeda Drive, Cranebrook. In 2008 the college was completed with the construction of the administration block and new classrooms.

 

The college has a student population of approximately 1,000 students, from year 7 through to year 12 (according to the School Annual Report).  Vehicle movements into and out of the site are supported by an ingress and egress driveway which links an internal bus bay and an adjacent ‘Kiss & Drop’ zone. The site has parking spaces to cater for up to seventy (70) vehicles, including accessible parking spaces.

Current Situation

Council’s officers have conducted site inspections and have discussed the matter of vehicle access and congestion with the School Principal. Site inspections indicate that congestion associated with the school lasts for approximately 15 minutes during morning and afternoon drop-off/pick-up peak periods.

 

On school mornings eastbound traffic queues from the right-turn lane into the school, and back through the roundabout at the intersection of Ninth Avenue and Terrybrook Road. During the most congested time of the morning peak, which lasts from around 8.30am until 8.45am, the eastbound queue extends westward towards the Northern Road for up to 400m. There was little westbound queuing observed at the school during the morning peak period.

 

In the afternoon during the most congested time of the peak traffic period, which lasts from around 2.45pm until 3.00pm, a queue extends eastward from the traffic signals at The Northern Road. Traffic queuing at this time of day occurs primarily as a build up of vehicles at the traffic signals on The Northern Road, although it is exacerbated by the traffic volumes generated by the school. There is very little eastbound congestion during the afternoon peak period on school days, with little queuing occurring in this direction.

 

Notwithstanding the congestion which is occurring during peak drop off and pick up times, traffic generally continues flowing in all directions. There are brief periods, generally of no more than 30 seconds, in which traffic comes to a complete halt in the immediate vicinity of the school, although queuing at the traffic signals on The Northern Road may be for a longer duration. The queuing along Ninth Avenue does not present any specific safety concerns, however the delays may cause some frustration for drivers. Driver frustration may be exacerbated by additional delays on The Northern Road due to ongoing road works associated with the intersection at the entry to Jordan Springs.

 

The school’s internal ‘Kiss & Drop’ zone appears to not be operating effectively, with some vehicles failing to move to the head of the queue, and some overstaying the time required to drop off students.  Further delays are caused when students need to go to the rear of the vehicle to collect bags and other items. The overall operation of the ‘Kiss & Drop’ may be improved if the school were to assign appropriately qualified staff members or volunteers to administer the drop off/pick up area.

 

Additionally, the internal ‘Kiss & Drop’ zone is located between the bus set down area and school buildings. This means that vehicles using the ‘Kiss & Drop’ area need to stop and wait while groups of students access or egress the bus bay via a raised pedestrian crossing.

 

These access arrangements have been in place for some time and Council has limited authority to make changes to the internal car park or driveway areas within the school, including the internal ‘Kiss & Drop’ zone and bus bay, as they are located wholly within private property. However Council can condition future development applications so that the school be required to engage a suitably qualified traffic/design consultant to redesign the internal road network to optimise traffic flow and safety.

 

The School Principal has stated the school’s willingness to see traffic congestion improved, both internally within the school and on Ninth Avenue, and has provided some history of works undertaken as required by Council. The school has met requirements set by Council, in terms of contributions to road works associated with the site and adjacent roads, and the current design of the internal ‘Kiss & Drop’/bus bay area is Council approved. However, whether due to increasing student numbers or simply due to an increased proportion of parents choosing to drive their children to school, the current design of the internal ‘Kiss & Drop’/bus bay area appears to have limited capacity.

 

Councillor Crameri OAM also draws attention to the eastern access gate.  Another access to the school is via an eastern gate on Ninth Avenue, which is currently utilised only by staff members accessing the staff car park. With regard to the opening of this gate to cater for parents/carers dropping off/picking up children, the Principal has advised that the school trialled this option for an unspecified time in 2013 and stated that the results were unsatisfactory in terms of traffic control. It is not clear as to whether the trial was undertaken with the engagement of a traffic/design consultant to assist and advise on internal traffic movements.

 

It was also observed by Council’s officers that senior (driving-aged) students are parking their vehicles on either side of Terrybrook Road. It was observed that there are up to 15 vehicles parked in this location on any given school day. These students then access the school by crossing Ninth Avenue east of the roundabout.

Conclusion

As with many other school sites across the LGA there are regular periods of congestion, on school days, lasting for up to 15 minutes of a morning and afternoon. It is recommended that future development consent for the school be conditioned with a requirement to engage a suitably qualified traffic/design consultant to redesign the internal bus zone and ‘Kiss & Drop’ zone for optimal traffic flow and safety. This may involve the use of the school’s eastern-most gate by either busses or parents, however this would depend on the findings and recommendations of the traffic consultant.

 

It is also recommended that future development consents be conditioned with a requirement to increase onsite parking to cater for senior students who currently park their vehicles along Terrybrook Road.

 

 

RECOMMENDATION

That the information contained in the report on Ninth Avenue, Llandilo - Traffic Congestion at Xavier College be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

5        Kingswood Public Domain Manual                                                                                  61

 

6        Request for Physical Closure of Mackay Lane, Emu Plains                                           66

 

7        Life Education NSW                                                                                                         82

 

8        Dunheved Business Park Survey                                                                                    84

 

 

 

 



Ordinary Meeting                                                                                                   28 April 2014

 

 

 

5

Kingswood Public Domain Manual   

 

Compiled by:               Terry Agar, Acting City Centres Co-ordinator

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key identified places in the City

       

 

Executive Summary

The draft Kingswood Public Domain Manual (“the draft Manual”) has been prepared to establish the standards for design, materials and finish for future street upgrades and maintenance in the area known at the Kingswood Specialised Centre, (as defined by the NSW Department of Planning & Infrastructure). The area covered by the draft Manual is shown on Figure 1. 

 

The draft Manual specifies the standards of design, materials and finish for future street upgrades and maintenance.  It is intended to be a generic guide that documents best practice design techniques to achieve excellence in public domain outcomes.  It covers street and footpath layouts, paving, kerb step and ramp standards, street tree standards and street furniture, such as bins, bollards and seats. 

 

The Access Committee considered a general report and received a presentation about the draft Manual on 12 February 2013.  The Committee supported “in principle” the draft Manual being reported to Council with a recommendation seeking its public exhibition as the next step in the process of adoption as Council policy.

 

The report recommends that Council exhibit the draft Kingswood Public Domain Manual for public comment and make the Access Committee aware of the exhibition period.

 

Introduction

The draft Kingswood Public Domain Manual (“the draft Manual”) has been prepared to set the standards of design, materials and finish for future street upgrades and maintenance by Council, service authorities and private developers.  The area covered by the draft Manual is shown in Figure 1.  Accessibility standards are incorporated into the draft Manual to guide the design of future footpath and public places upgrades.  An independent access consultant has assessed the draft Manual for consistency with contemporary legislation, standards and Council policy.  The consultant’s recommendations have been incorporated into the draft Manual.

 

The purpose of this report is to advise Council that the draft Manual has been prepared and to seek a resolution to exhibit it for public comment as the next step in the process of formulating the policy.  The report outlines the need for a Kingswood Public Domain Manual, its aims, content and user audience.  It also addresses how the draft Manual will be implemented and describes the process for adoption as Council policy. 

Background

Kingswood has a unique status as a specialised medical and education centre with regular use by people travelling to and from the hospital, university and TAFE and provides the context for the preparation of the draft Manual. 

 

Kingswood’s role as a ‘Specialised Centre’ demands that its public domain infrastructure is of a type and quality commensurate with its status.  Continuing upgrades to the Nepean Hospital infrastructure and developer interest in construction of residential and medical services proposals in adjoining areas indicate the need for a higher standard of public street infrastructure as more people live, work and visit the centre.  The public domain character of the Kingswood Specialised Centre should convey to regular users and visitors images of a dynamic, orderly, safe and accessible place where people live and work.  The creation of a public domain manual and its adoption by Council as policy will assist in the long term achievement of these goals.

 

The public domain is the public property or public spaces within the Kingswood Specialised Centre that are available and accessible to all people to use and experience.  It comprises the totality of spaces used freely on a day-to-day basis by the general public, such as streets, footpaths, parks and public infrastructure.  Some aspects of privately owned spaces, such as building facades or domestic gardens, also contribute to public space and are therefore also considered to be part of the public domain.

 

The focus of the draft Manual is on the public spaces between the road kerb and the front boundary of private properties, or the Nepean Hospital (Figure 1).  It does not include any of the land within the Nepean Hospital site.

 

 

Figure 1: The Kingswood Specialised Centre as defined by the red line and subject to the provisions of the draft Kingswood Public Domain Manual

 

 

The design outcomes for developments on private property in the Kingswood Specialised Centre are currently guided and controlled by Council’s detailed planning policies which govern building, setbacks, heights, floor space, external finishes etc. The public property within the centre is not subject to any Council policy and as a consequence the upgrade and maintenance of the streets, footpaths and parks have, in the past, been undertaken in an ad hoc manner with no adherence to a specific urban design theme.

 

A first draft of the Manual was completed and reviewed by an external access consultant for compliance with all relevant access legislation and Council policy. 

 

Manual Preparation and Scope

The draft Kingswood Public Domain Manual was prepared to address the fact that currently there is no single document that guides Council, service authorities and developers on the way the public places and space should be presented. The draft Manual provides guidance on how the urban places and spaces of the Kingswood Centre are designed and constructed to reflect the community’s desire for an attractive place that is safe and clean. The draft Manual is a mechanism to create better urban places for people in Kingswood with the consistent application of a specific urban design standard. 

 

A small interdepartmental working group of Council officers, with the assistance of a consultant landscape architect, Clouston Associates, prepared the draft Manual.  The working group, in collaboration with the consultant, undertook extensive research to select the materials to be used in the Kingswood Specialised Centre and the methods for their construction and installation.  The research included consultation with other councils in the specification of standards and the use and durability of materials. The consultant landscape architect compiled and formatted the Manual.  This document was subsequently assessed by an independent access consultant to ensure that it meets disability access standards and complies with existing Council disability policy.

 

Ultimately, the design and the materials specified in the draft Manual are of a high standard that are intended to perform in an extreme environment that is not only exposed to the weather but must resist damage and degradation by graffiti, fire, vandalism, chemicals, bird droppings, chewing gum and regular cleaning.  In addition, the design and materials in the public domain must perform to meet community expectations in terms of aesthetics,WH&S, accessibility and the minimisation of risk and liability claims against the Council and the community.

 

The aims of the draft Manual are:

 

1.   To clearly define new design standards for the public domain

2.   To create consistent streetscape treatment to define the character of Penrith

3.   To implement Council’s sustainability principles and relevant policies in the design standards and use of materials

4.   To standardise design and construction methods through standard drawings and specifications.

                  

Design and layout principles are include for all streets and small spaces within the Kingswood Specialised Centre. The streets are categorised as primary, secondary and tertiary according to their long term function. The draft Manual provides standard details and performance criteria to be used as a guideline for the design and construction of footpaths, kerbs, ramps and path drainage. It also includes a standard range of street furniture, pedestrian lighting, tree pits, paving and surface treatments to ensure the continuity of all future streetscape improvements and ongoing maintenance practices in accordance with the status of the street.

 

The intention of the draft Manual is to guide and co-ordinate the design, construction and maintenance of the public domain. It may be used by:

 

1.   The general public to understand the design outcomes being sought;

2.   Developers, service authorities and Council in preparing proposals that affect the public domain; and

3.   Consent authorities assessing and approving proposed developments that affect the public domain.

 

The draft Manual is not intended to be a template that is applied to every project situation.  It is intended to be a generic guide that documents design outcomes that Council is trying to achieve and the current best practice design solution to typical design problems.  Its primary purpose is to provide generic design guidance for the preparation of detailed designs for upgrade projects which are based on contemporary standards. 

 

Accessibility

An independent access consultant assessed the draft Manual for consistency with the following legislation, standards and policies:

 

·    Building Code of Australia 2012

·    Disability Discrimination Act and DDA Standards

·    Australian Standards

·    Council Policies

 

The consultant’s recommendations have been incorporated into the final draft of the Manual.

         

Draft Manual Implementation

Implementation of the draft Manual will commence after it is formally adopted by Council as policy.  As there is currently no major source of funds for significant project works, the new designs, materials and finishes will be introduced incrementally over time.  This will occur as Council funds become available to provide, for example, a kerb ramp and pavement upgrade, or a major developer reinstates the kerb and footpath with new trees and seating adjoining their development.

 

To facilitate developer public domain improvements, it is proposed to incorporate a reference to the Manual in the Penrith Development Control Plan (which will apply in future to Kingswood) as a head of consideration for the assessment of any development proposal that affects the public domain.  This is consistent with current practice to reference other specific standards in a DCP that should be considered in a development assessment.  The Manual will have greater statutory status as it becomes a support document to the implementation of the objectives of the zones within the local environmental plan.

 

The Manual will be a specific policy of Council.  This will allow more flexibility for its amendment over time as best practice and standards evolve rather than being captured as specific provisions in a development control plan.

 

The implementation of the draft Manual specifications within the public domain in the Kingswood Specialised Centre will occur incrementally over time through various mechanisms.  Council will construct streetscape improvements in accordance with the draft Manual as funding becomes available for specific upgrade projects.  Development proposals that impact on the public domain will be required to undertake works (eg kerb and paving re-instatement) in accordance with the draft Manual specifications as a condition of development consent.  Service Authorities undertaking major upgrade works will be encouraged to comply with the Manual depending on the nature of the works.

 

Public Consultation

To ensure that the process of preparing the draft Manual is transparent, it is recommended that Council exhibit the document for public comment.  This will allow community organisations, advocates, and other stakeholders, including members of the Access Committee, to have an opportunity to make formal submissions.  The general community and members of the Access Committee will be formally notified of the exhibition period. 

 

Any public submissions on the draft Manual will be reported back to Council with proposed amendments, if any, before Council considers whether or not to adopt it as policy.

 

Conclusion

The draft Kingswood Public Domain Manual (“the draft Manual”) has been prepared to establish the standards for design, materials and finish for future street upgrades and maintenance in the Kingswood Specialised Centre. Kingswood has a unique status as a specialised medical and education centre with regular use by people travelling to and from the hospital, university and TAFE and as such requires a high level of amenity that conveys an image of a dynamic, orderly, safe and accessible place. 

 

The creation of a public domain manual and its adoption by Council as policy will assist in the long term achievement of these goals.

 

 

 

RECOMMENDATION

That:

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

2.     The draft Kingswood Public Domain Manual be placed on exhibition for 21 days.

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

 

ATTACHMENTS/APPENDICES

1.  

Kingswood Public Domain Manual

44 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   28 April 2014

 

 

 

6

Request for Physical Closure of Mackay Lane, Emu Plains   

 

Compiled by:               Allison Kyriakakis, Community Safety Coordinator

Jennifer Randall, Community Safety Coordinator

Authorised by:            Yvonne Perkins, Public Domain Amenity and Safety Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Maintain a Community Safety Plan for the City

       

 

Executive Summary

For the purposes of this report, ‘Mackay Lane’ refers to the portion of Mackay Street which provides a pedestrian only linkage from the eastern end of Mackay Street to Troy Street, Emu Plains.

 

Mackay Lane has been the subject of investigations into suitability for physical closure for the past ten (10) months. These investigations follow ongoing representations to Council received by Our Lady of the Way Primary School, 49 Forbes Street, Emu Plains in response to child safety and security concerns.

 

The school is positioned on two parcels of land owned by the Roman Catholic Church Diocese, located on the northern and southern boundaries of Mackay Lane. This creates a situation where the public laneway runs directly between the two parcels of school grounds. 

 

This report provides a summary of the results of the investigations undertaken following the request for closure of Mackay Lane. All investigations have been carried out in accordance with Council’s adopted Assessment Procedures for Requests for Closure of Pedestrian Laneways (refer Appendix 1). The report also includes a summary of concerns raised in submissions to Council opposing the closure of Mackay Lane.

 

Colour copies of maps referred to in this report have been issued to Councillors under a separate cover.

 

The report recommends that the information contained in the report on Request for Physical Closure of Mackay Lane be received and; that Mackay Lane, Emu Plains remain open.

 

Background

The Penrith Local Government Area has 327 pedestrian laneways, the majority of which provide safe and convenient access for local communities. From time to time however, requests are received from property owners who adjoin laneways requesting Council to investigate the suitability of physical closure due to concerns relating to ongoing incidents of antisocial behaviour, malicious damage, and/or other issues impacting negatively on their property.

 

Under Penrith City Council’s laneway procedures, the options for requests for laneway closure are that the laneway can:

 

-     Be physically closed through the installation of appropriate security gates and fencing;

-     Remain open and continue to be treated with the appropriate Crime Prevention Through Environmental Design (CPTED) initiatives in consultation with adjoining property owners.

 

Legal closure of a pedestrian laneway to enable land to be sold to neighbouring property owners can only be granted by the NSW Government Crown Land Division.  In accordance with Council’s adopted procedures, if a laneway is physically closed by Council, the option of sale to adjoining property owners is left open, subject to initiation by adjoining property owners. Council will therefore only make representations to the NSW Crown Land Division for sale of the land to adjoining property owners when permanent physical closure is supported by Council, and if interest in purchasing the laneway has been made by a neighbouring property owner.

 

The majority of requests for laneway closure are from adjoining property owners/residents and relate to impacts on quality of life and well-being, concerns for personal safety, property protection, antisocial behaviour and malicious damage. Common complaints and requests for laneway closure also relate to difficulties in controlling access from the laneway to the adjoining property. 

 

Prior to investigating closure, Council will address the pedestrian laneway environment to identify ways to make the laneway safer and less attractive for loitering. This often includes trimming trees, assessing lighting effectiveness, installation of new style bollards to restrict illegal trail bikes and general maintenance.

 

Whilst measures such as bollards and lighting can be effective in minimising issues at some pedestrian laneways, other laneways continue to be the subject of ongoing representations. Laneway closure is often favourable for some members of the community, notably adjoining property owners, however it is acknowledged that for other community members it can mean the loss of convenient access to a public thoroughfare through added distance to a normal journey.

 

To assist in assessing the suitability of pedestrian laneways for closure in a fair, consistent and transparent manner, Council’s adopted Procedure for Assessing Requests for Laneway

Closures are followed. These procedures were adopted by Council in 2008 and outline the steps taken and data gathered by Council staff when investigating a laneway for potential closure. 

 

Outcomes of the assessment based on the abovementioned procedures are then presented to Council so that a decision can be made on the laneway under investigation.

 

Mackay Lane, Emu Plains

 A request for closure of Mackay Lane was made to Council by the school Principal of Our Lady of the Way Primary School in June 2013 in response to child safety and security concerns due to the laneway being located between the school property on both sides of the laneway.

 

Our Lady of the Way Primary School is located at 49 Forbes Street, Emu Plains (Lot 670 DP631839).

 

The school grounds are intersected by Mackay Lane which runs in an east/west direction from Troy Street to Mackay Street. Mackay Lane was dedicated and registered as a local road on 11 May 1997. The laneway is adjacent to the school playground and parking area to the north and main school buildings to the south, refer to the attached map (Appendix 2).

 

The location of the school on either side of the laneway is a unique situation not evidenced in other locations in the Penrith Local Government Area.

 

The school grounds at 49 Forbes Street were acquired by the Trustees of the Roman Catholic Church for the Diocese of Parramatta in 1974. The neighbouring properties at 13 Troy Street, Emu Plains (Lot 5 Sec 22 DP758387) and 15 Troy Street Emu Plains (Lot 68 DP 603778) are also owned by the church.

 

Our Lady of the Way Primary School opened in 1979. Growth in the school population resulted in additional classrooms being built, which adjoin the neighbouring Our Lady of the Way Church which opened in 1993.  A total of 378 Students were enrolled at the school in 2012 (Our Lady of the Way Primary School, Annual Report, 2012).

 

Request for closure of Mackay Lane

The school provided Council with an outline of child protection, safety and security issues that had been experienced over the past 10 years and requested that the necessary processes be undertaken for the requested closure of the laneway. This request was made with the full support of Catholic Education Diocese of Parramatta.

 

The concerns raised by the school are summarised as follows:

 

-     Child protection concerns during recess and lunch breaks and when children are participating in physical education activities due to members of the public being able to walk through the play area, which is accessible from the laneway.

 

-            There have been four (4) incidents involving persons loitering within the school premises (including the car park area, parish area and two (2) incidents where the location of the person loitering was not stated) since August, 2012. In each incident, a teacher employed at the school requested that the person leave the premises.

 

-     Open access to pedestrians and vehicles (motorbikes and trail-bikes) which is often difficult to police. In October 2013 there was a notable incident in which a motorcycle being pursued by Police rode through the laneway narrowly missing school children using the playground area for sport. Council has since erected bollards at the Mackay Street entrance of the laneway for the purposes of reducing such motorcycle and trail bike activity.

 

-     An increasing number of parents are expressing concerns about lack of school security.

 

-     An increasing number of incidents of graffiti vandalism. The school has also noted that there have been twelve (12) incidents of graffiti / malicious damage to property at the school since July, 2012 to present.

 

-     Complaints from neighbours regarding cars driving into the playground and playing loud music at night and early morning.

 

-     Trespassers hanging around the school playground, bins and garage.

 

In accordance with the Catholic School’s ‘School Sites and Facilities Risk Management Tool’ Our Land of the Way Primary School is required to ensure that “the perimeter of the school is capable of supporting the management of access” i.e. controlling access from Mackay Lane to the school grounds.

 

An audit was conducted by the school in September 2013 utilising the ‘School Sites and Facilities Risk Management Tool’. The audit identified the requirement that “where possible a continuous physical barrier with lockable access/entry/exit gates is provided for the full extent of the property boundary or ‘school use’ precinct”.

 

Assessment of Request for Closure of Mackay Lane

Following the formal request from Our Lady of the Way Primary School, Council commenced investigations into the suitability of Mackay Lane for closure in June 2013. The assessment process has been conducted in accordance with Council’s adopted procedures. This has involved the gathering of a significant amount of data, including:

 

a)   A physical assessment of the laneway, including basic land history and location;

b)   Measurement of the length of alternative routes;

c)   An independent pedestrian laneway usage study, including pedestrian counts and surveys conducted at Mackay Lane;

d)   Distribution of letters to local residents and other nearby properties (including the adjacent Emu Plains Public School) inviting representations regarding opposition or support for closure of the laneway;

e)   A public notice issued in local newspapers providing an opportunity for community comment on the matter;

f)    A request to local Police for data to ascertain the nature and frequency of incidents reported by the school and other properties within the vicinity of the laneway.

 

Investigations for Mackay Lane have now been completed and the findings and other relevant information relating to the request for closure are outlined in the following sections of this report.

 

a)   Physical assessment of Mackay Lane

‘Mackay Lane’ refers to the portion of Mackay Street which provides a pedestrian linkage from the eastern end of Mackay Street to Troy Street, Emu Plains (refer Appendix 2).

 

Mackay Lane was dedicated and registered as a local road on 11 May 1997. The laneway is approximately 100 metres in length and approximately 4.5 metres in width at its widest section.

 

As previously outlined, land adjoining the northern and southern boundaries of Mackay Lane is owned by the Roman Catholic Church Diocese and is occupied by Our Lady of the Way Primary School (refer Appendix 2).

 

The laneway is located in a predominantly residential area, within short walking distance from Russell Street to the west and the Centro Lennox Shopping Centre to the north.

 

The laneway has a bitumen and concrete footpath and metal post and rail bollards at the Mackay Street entrance that were recently upgraded in 2012. The upgrade to post and rail bollards was in response to representations from the school and neighbouring property owners regarding illegal access by motor bikes and trail-bikes which present a safety hazard for school students and residents at this location.

 

There is no public lighting located in Mackay Lane however street lighting near the laneway entry points at Troy Street and Mackay Street frontages provides some spill-over lighting.

 

 

 

 

b)   Alternative Routes

Any physical closure of Mackay Lane would prevent access to local residents and members of the public using the laneway as a thoroughfare from Mackay Street to Troy Street. Alternative routes of pedestrian travel are however available (refer Appendix 3).

 

There are 22 households on Mackay Street and Dukes Place who would be most affected by the closure of Mackay Lane.

 

An assessment of alternative routes has been conducted by Council staff. The results of the assessment are outlined further below.

 

Length of Detours

As represented in the aerial photograph (refer Appendix 3), if the laneway was closed, it is a 712 metre detour from the end of the laneway starting at Mackay Street, along Russell Street and the Great Western Highway, ending at the Troy Street laneway entry. Russell Street and the Great Western Highway would be the most likely path of travel for residents from Mackay Street accessing nearby Centro Lennox Shopping Centre or other nearby community facilities. 

 

By comparison, for people wishing to travel from Mackay Street to Troy Street, the detour along Mackay Street, Russell Street, Forbes Street and Troy Street and is approximately 699 metres in walking distance. Observations during pedestrian counts indicate that this would be the less common path of travel, with most people observed using the laneway travelling in the direction of the Great Western Highway and Centro Lennox Shopping Centre. 

 

On average, these detours would add between 430 to 450 metres or approximately 10-20 minutes to a pedestrian’s travel time, taking into account differing levels of mobility, age and fitness.

 

It is however important to acknowledge that people are not likely to be using Mackay Lane to get from one end of the laneway to the other, but rather as a convenient part of their journey to other nearby locations and services, including shopping centres, community facilities and public transport nodes. As such, alternative routes will depend on the destination of travel. An assessment of detours to the most common local services and facilities is outlined below.

 

Public Transport Links

Mackay Lane is not directly linked to public transport networks or bus stops. The nearest bus stop is located on Forbes Street near Troy Street (refer Appendix 3) which is a distance of approximately 200 metres from the Troy Street entry of Mackay Lane and 529 metres from the Mackay Street entry to Mackay Lane. There is also a bus stop located opposite the liquor outlet (refer Appendix 3) on the corner of Russell Street and Great Western Highway, Emu Plains. This bus stop is a walking distance of approximately 320 metres from the Mackay Street entry of Mackay Lane, and approximately 500 metres from the Troy Street entry of Mackay Lane.

 

Mackay Lane does not provide a shorter route to the nearest bus stop for most residents, however it must be noted that a number of residents have indicated that they use the laneway as their preferred route when walking to nearby bus-stops, as opposed to the route along Russell Street.

 

 

 

Access to Shopping Centre and nearby Community Facilities

The nearest Shopping Centre for Mackay Street and Dukes Place residents is the Centro Lennox Shopping Centre, located on the corner of Pyramid Street and Great Western Highway, Emu Plains. This facility provides a mix of grocery and speciality shops including Woolworths and Aldi, fitness facilities and chemist. The Emu Plains Library is also located nearby on Lawson Street.

 

For residents living in Mackay Street, Mackay Lane does provide a safe and convenient walking route of approximately 600 metres (from laneway entry) to the shopping centre and library entry via Troy Street and the Great Western Highway.

 

By comparison, if the laneway was closed, the alternative route for these residents would be via a section of Russell Street and the Great Western Highway. This would add between 430 to 450 metres or approximately 10-20 minutes to a pedestrian’s travel time, depending on levels of mobility, age and fitness.

 

Again, it is important to note that whilst the alternative route is not significantly greater in distance, a number of residents have expressed their concerns that the alternative routes along Russell Street and the Great Western Highway are less safe due to heavier traffic on these roads. 

 

It is also noted that the Uniting Care Edinglassie Village Nursing Home is located nearby on Emerald Street, within close proximity to Mackay Lane. A resident from Mackay Street indicated in their submission to Council that they regularly use the laneway as a safe and convenient route to Edinglassie to visit an immediate relative.

 

Access to the rear of Emu Plains Public School

Consideration has been given to the potential for impact on students using Mackay Lane as a shortcut to access the rear of Emu Plains Public School (off Troy Street). An unformed (grassed) public laneway and vacant land is located opposite the Troy Street entry to Mackay Lane, leading to the rear of the nearby Emu Plains Public School.

 

The school was contacted and provided with an opportunity to comment on the request for laneway closure. In a written submission to Council, the Acting Principal at the time advised that the matter was discussed with the school’s Parents and Citizens Association and school staff, in addition to observing the number of students who use Mackay Lane. The school indicated that there appeared to be minimal or no impact from a laneway closure on the Emu Plains Public School community.

 

A small number of students from Emu Plains Public School were observed travelling from Mackay Lane to the rear entry to Emu Plains Public School (off Troy Street) during site visits by Council staff.

 

 

c)      Pedestrian Usage Study

Preliminary pedestrian counts and general laneway observations were conducted by Council staff over five (5) weekdays over separate weeks during October and November 2013.

 

It was however determined that more detailed counts, including origin/destination studies were required to provide a more accurate representation of laneway usage patterns. 

 

In March 2014, Council engaged the services of an independent consultant to conduct a pedestrian traffic study of Mackay Lane.

 

The objectives of the study were to determine:

-     The total number of pedestrians movements in the laneway between the hours of 7.00am and 6.00pm over two (2) weekdays; between the hours of 8.00am and 5.00pm over two (2) Saturdays and between the hours of 8.00am and 4.00pm on one (1) Sunday;

-     The peak time for daytime usage of the laneway;

-     The approximate age range of users (children, adults, seniors);

-     The origin/destinations of laneway users;

-     The average number of times each user would use the laneway per week.

 

Fieldwork included daytime pedestrian counts and user surveys with willing participants. Counts and surveys were conducted on the following dates:

-     Thursday 20 March between the hours of 7.00am and 6.00pm

-     Friday 21 March between the hours of 7.00am and 6.00pm

-     Saturday 22 March between the hours of 8.00am and 3.30pm

-     Sunday 23 March between the hours of 8.00am and 4.00pm

-     Saturday 29 March between the hours of 2.00pm and 5.00pm

 

Pedestrian Count Summary

Pedestrian counts and surveys were conducted in fine weather conditions and outside of school holiday times.

 

Pedestrian counts were conducted to provide a tally of all pedestrian movements in the laneway for school or for general use, including an estimate of the pedestrian’s age and gender. The data collected for each date is represented in the tables below.

 

Data has been divided into laneway use for school access and general access, given that the laneway provides a direct access point into Our Lady of the Way Primary School.

 

 

Day 1: Thursday 20 March 2014 – 7.00am – 6.00pm

 

User Category

No. persons for general use (non school access/egress)

No. persons for school access/egress

Eastbound

(to Troy Street)

 

Westbound

(to Mackay Street)

Eastbound

 

Westbound

 

Child

2

1

56

50

Adult

4

7

44

38

Senior

5

4

9

8

SUB TOTAL

11

12

109

96

DAY 1 COUNT TOTAL

228 Pedestrian movements

(23 non school use; 205 school use)

 

 

 

 

 

Day 2: Friday 21 March 2014 – 7.00am – 6.00pm

 

User Category

No. persons for general use

No. persons for school access/egress

Eastbound

(to Troy Street)

 

Westbound

(to Mackay Street)

Eastbound

 

Westbound

 

Child

6

6

95

64

Adult

11

3

86

64

Senior

5

5

11

8

SUB TOTAL

22

14

192

136

DAY 2 COUNT TOTAL

364 Pedestrian movements

(36 non school use; 328 use)

 

 

Day 3: Saturday 22 March 2014 – 8.00am – 3:30pm

 

User Category

No. persons for general use

No. persons for school access/egress

Eastbound

(to Troy Street)

 

Westbound

(to Mackay Street)

Eastbound

 

Westbound

 

Child

6

2

-

-

Adult

8

8

-

-

Senior

4

6

-

-

SUB TOTAL

18

16

-

-

DAY 3 COUNT TOTAL

34 Pedestrian movements

(non school use)

 

 

Day 4: Sunday 23 March 2014 – 8.00am – 4.00pm

 

User Category

No. persons for general use

No. persons for school access/egress

Eastbound

(to Troy Street)

 

Westbound

(to Mackay Street)

Eastbound

 

Westbound

 

Child

4

5

-

-

Adult

6

2

-

-

Senior

1

1

-

-

SUB TOTAL

11

8

-

-

DAY 4 COUNT TOTAL

19 Pedestrian movements

(non school use)

 

 

 

 

 

 

 

 

DAY 5: Saturday 29 March 2014 – 2.00pm – 5.00pm (count shortened due to storms)

 

User Category

No. persons for general use

No. persons for school access/egress

Eastbound

(to Troy Street)

 

Westbound

(to Mackay Street)

Eastbound

 

Westbound

 

Child

2

 

-

-

Adult

2

 

-

-

Senior

 

1

-

-

SUB TOTAL

4

1

-

-

DAY 4 COUNT TOTAL

5 Pedestrian movements

(non school use)

 

 

Key findings of the pedestrian counts are summarised below:

 

-     A combined total of 650 pedestrian movements (533 school use; 117 non school use) were recorded over the five (5) days that pedestrian counts were completed.

 

-     82% of laneway access is by students and their parents/carers accessing the school grounds.  18% of laneway access is by members of the general public. It must be noted however that as an access point to the school, the high proportion of use by school students and parents/carers is expected.

 

-     For general public access, in terms of age range, 43% of the members of the public who accessed the laneway were adults, followed by children (29%) and seniors (28%).

 

-     For school access/egress, the majority of users were children (50%), followed by adults (43%) and seniors (7%).

 

-     The peak usage times for laneway access were between the hours 8.30am and 9.30am and 2.30pm and 3.30pm, due to school access and egress. (Note: School hours for Our Lady of the Way Primary School are 8:45am to 2:55pm; and 9.05am to 2.55pm for the nearby Emu Plains Public School).

 

-     No peak times of use by other members of the community were identified, with usage patterns staggered across the day. 

 

Pedestrian Survey Summary

 

Pedestrian Surveys were conducted to provide an understanding of pedestrian travel paths and frequency of laneway usage. Willing participants were asked the following questions:

 

Where have you come from today?

Where are you heading to?

Approximately how many times would you use the laneway each week?

 

Of the 650 pedestrians observed accessing Mackay Lane, a total of 73 laneway users were surveyed over the 5 days of fieldwork.

 

A summary of survey responses is provided below.

 

Origins/destinations of pedestrians using the laneway

 

Of the 73 people surveyed:

 

-     47 people (64%) indicated that they were travelling either to or from school.

 

-     13 people (18%) indicated that they were travelling either to or from Mackay Street.

 

-     11 people (15%) indicated that they were travelling to or from local shops.

 

-     6 people (7%) indicated that they were travelling to or from Troy Street.

 

-     Other reasons for laneway use included as a short-cut for walking/leisure (5%); access to Church (2%) and access to nearby sporting ovals (2%).

 

-     The majority of people surveyed (64%) were travelling to or from a location within Emu Plains that was in walking distance of the laneway. The remaining 36% of people surveyed indicated that they were using the laneway as part of a broader journey outside the locality of Emu Plains. Locations identified as either an origin or destination included Emu Heights, Penrith, Springwood, Jamisontown, Glenmore Park, Winmalee, Cranebrook, Lapstone and Faulconbridge. The majority of people surveyed who were travelling to or from a location outside of the immediate locality were using the laneway to access the school, with one person indicating they were using the laneway as part of their commute to the City of Sydney for work.

 

 

Weekly Usage Patterns

 

Of the 73 people surveyed:

 

-     39 people (54%) indicated that they use the laneway 10 or more times per week. The large majority of this high-use group were using the laneway for access to school. Other people in this high-use category were using the laneway for other journeys (to shops, for leisure and to access the church).

 

-     13 people (18%) indicated that they use the laneway 5-9 times per week.

 

-     16 people (22%) indicated that they use the laneway 1-4 times per week.

 

-     4 people (6%) indicated that they would use the laneway rarely (less than once a week).

 

 

d)   Letters to local residents

In accordance with Council’s adopted procedures, letters were sent to approximately 50 properties within the vicinity of Mackay Lane that could reasonably be affected by laneway closure.

 

This included the nearby Emu Plains Public School and liquor outlet located on the corner of Mackay Street and Russell Street. Letters were sent on 27 September 2013, inviting community feedback by 11 October 2013. 

 

Concerns were raised by some residents that as the timeframe for submitting comments on the proposal was during the school holiday period, people were not available to comment.

 

In response to these concerns, a second round of letters was sent to previously identified properties extending the timeframe for comment.

 

A total of fifteen (15) letters were received from a total of ten (10) residents in response to the letters sent in September and October 2013. One resident submitted five (5) written letters to Council expressing their opposition to laneway closure. All written responses from local residents were in opposition to the laneway closure except one who supported closure of the laneway.

 

A small number of phone calls were also made to Council from local residents, the majority indicating their opposition to laneway closure for reasons outlined below. All residents who contacted Council by phone were also invited to present their concerns to Council in writing.

A summary of concerns raised in submissions to Council opposing the closure of Mackay Lane is provided below:

 

-     Residents indicate that the laneway is frequently used by local residents, particularly residents of Mackay Street, Troy Street and Dukes Place as a safe and convenient access route to nearby services and facilities, including Centro Lennox shopping centre, church and medical centre.  

 

-     Concerns for safety were highlighted regarding the detours along Russell Street and the Great Western Highway, particularly due to the large volumes of heavy vehicles which frequent this road as a connector to the M4 Motorway.

 

-     A number of residents expressed concerns with the close proximity of the footpath to the road along the section of Russell Street from Mackay Street to Forbes Street. This was identified as an issue particularly for people with prams, people with young children, people walking pets or people in wheelchairs.

 

-     Concerns for safety were identified for local children who reside in Mackay Street and Dukes Place using the alternative route via the liquor outlet (located on the corner of Russell Street and the Great Western Highway) to access bus stops on their daily commute to school.

 

-     Concerns were raised regarding adverse impacts on the quality of life for local frail-aged residents and residents with health issues due to the length of detours if the laneway was closed.

 

-     Concerns were raised regarding the impact of closure on traffic congestion on Mackay Street at school pick-up and drop-off times. This was identified as a concern by a number of residents.

 

-     Some residents raised concerns regarding the extra distance required for Mackay Street residents to access the nearby Edinglassie Nursing Home, located on Emerald Street, Emu Plains.

 

-     Some residents expressed concern that the closure could be a means by which the school could acquire the laneway.

 

-     Concerns were raised by some residents that the closure of the laneway would have a negative impact on the value of properties in Mackay Street and Dukes Place due to the loss of access to the laneway as a convenient thoroughfare.

 

-     A number of residents outlined the importance of the laneway in providing a safe route of pedestrian access, encouraging physical activity and healthy exercise.

 

A petition was later received by Council on 25 March 2014 (sent to Council via the website www.change.org). The petition was signed and sent to Council by a total of 11 local residents who were opposed to the closure of Mackay Lane, and had 28 supporters of the petition via the www.change.org website. The concerns outlined by the petition are similar to those concerns raised in previous representations to Council (as outlined above) including loss of access by residents and concerns that the alternative routes are unsafe.

 

Representations were later received in April 2014 from a resident from Troy Street, Emu Plains in support of the closure. Reasons given for requesting closure included traffic congestion near the laneway and general antisocial behaviour, including alcohol related antisocial behaviour by pedestrians travelling through the laneway.

 

e)   Public Notice

In addition to letters to local residents who may be impacted by a laneway closure, a public notice was also advertised in the Western Weekender on 8 November 2013 to provide an opportunity for comment from other members of the community who do not reside within the vicinity of the laneway. One phone call was made to Council officers in response to the public notice from a resident of Emu Plains in opposition to the closure. The resident did not reside within the locality of Mackay Lane. No written submissions were received in response to the Public Notice.

 

f)    Police data

Requests were made to the Crime Manager of Penrith Local Area Command for crime data relating to Mackay Lane, Mackay Street and Our Lady of Way Primary School. Requests were made in October 2013 and later in March 2014 for data over the past two (2) years. The requests were made specifically in relation to incidents that could be linked to laneway access.  

 

On both occasions, local Police indicated that there was no crime data available that could be linked to the laneway. Police did however indicate that data is often difficult to link to a pedestrian laneway as incidents are rarely reported using a laneway name.  Police did also indicate that they would support laneway closure for security and child protection reasons.

 

Conclusion

The location of Mackay Lane between two parcels of land occupied by Our Lady of the Way Primary School is a unique arrangement not evident in other laneways in the Penrith Local Government Area.

 

The request from Our Lady of the Way Primary School for laneway closure has been made with regard to the requirement of the school to provide a safe and secure environment for children attending the school.

 

Thorough investigations have been conducted of Mackay Lane by Council staff in accordance with Council’s adopted procedures to assess the suitability of the laneway for closure.

 

The data collected as a result of these investigations indicates that in addition to providing access to the school for students and their parents/carers, the laneway is commonly used as a thoroughfare for local residents, particularly residents from Mackay Street and Dukes Place who would be most affected by a laneway closure. Residents regularly use the laneway as their preferred route as part of daily travels to school, shopping centres, medical facilities and as part of their daily leisure activities.

 

If the laneway was to be closed, there are alternative routes available. Depending on the destination of travel, this would add between 430 to 450 metres or approximately 10-20 minutes to a pedestrian’s travel time, depending on levels of mobility, age and fitness.

 

A large number of representations were received from local residents regarding the proposed closure of Mackay Lane, all, except one (1) were in opposition to closure. The main concerns raised by local residents relate to a perceived lack of safety of alternative routes if the laneway was closed, particularly for young children and families, and older or frail aged residents. Copies of representations have been provided to Councillors under separate cover.

 

No police data has been provided in relation to criminal incidents reported occurring in Mackay Lane.  Police did indicate that they would support laneway closure for security and child protection reasons.

 

Council staff have considered whether alternative fencing along the school property boundaries with Mackay Lane would be a suitable alternative to assist the school in providing a safe environment for school children, whilst maintaining access for local residents, particularly those in Mackay Lane and Dukes Place who are the most common users of the laneway.

 

It is considered that due to the length of the laneway and narrow width, fencing along both sides of the laneway would create a potential entrapment space with minimal opportunities for surveillance from adjoining areas and nearby properties. From a Crime Prevention Through Environmental Design (CPTED) perspective, this option is not recommended. 

 

Mackay Lane provides access to Our Lady Way Primary School and Church and also provides pedestrian access for residents of Emu Plains to access local community facilities and services.

 

Due to the number of ‘general use’ pedestrian movements and the length and time associated with alternate routes it is recommended that Mackay Lane, Emu Plains remain open. 

 

Council’s Community Safety staff will continue to liaise with the school to provide advice and support to address the issues identified in the “School sites and facilities risk management tool” audit.  

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for Physical Closure of Mackay Lane, Emu Plains be received.

2.     Mackay Lane, Emu Plains remain open.

 

ATTACHMENTS/APPENDICES

1.  

Procedure for Assessing Requests for Laneway Closures

1 Page

Appendix

2.  

Mackay Lane Aerial Photograph

1 Page

Appendix

3.  

Mackay Lane Alternative Routes

1 Page

Appendix


Ordinary Meeting                                                                                                                28 April 2014

Appendix 1 - Procedure for Assessing Requests for Laneway Closures

 

PDF Creator


Ordinary Meeting                                                                                                                28 April 2014

Appendix 2 - Mackay Lane Aerial Photograph

 

PDF Creator


Ordinary Meeting                                                                                                                28 April 2014

Appendix  3 - Mackay Lane Alternative Routes

 

PDF Creator


Ordinary Meeting                                                                                                   28 April 2014

 

 

 

7

Life Education NSW   

 

Compiled by:               Hans Meijer, City Works Manager

Yvonne Perkins, Public Domain Amenity and Safety Manager

Authorised by:            Hans Meijer, City Works Manager

Yvonne Perkins, Public Domain Amenity and Safety Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Maintain a Community Safety Plan for the City

       

 

Executive Summary

The report recommends Council provide ongoing financial support for the movement of the Life Education van to schools within the Penrith Local Government Area.

Background

Life Education NSW is a not-for-profit community based organisation. It is based at Colyton and its primary goal is the provision of preventative drug and alcohol education programs to the community, particularly to primary school aged children.

 

In the Penrith LGA, these programs are facilitated in a purpose built mobile classroom. Life Education has also purchased a bus to transport children from schools mainly within the Penrith LGA to its centre in Hewitt Street, Colyton.

 

The support provided to Life Education NSW in previous years has involved the provision of a truck and driver to move the purpose built mobile classroom between schools in the Penrith LGA and to adjoining Councils. In recent times this support has been the financial contribution to Life Education in engaging a contractor with the ability to move this larger van outside of ordinary working hours.

 

Past and current Community Safety Plans for the City of Penrith support initiatives that deliver educational programs that minimise the effects of drugs and alcohol within the community. The program run by Life Education NSW is a preventative program targeted at primary school aged children.

 

Current Situation

Life Education NSW has requested that the assistance provided by Council in previous years continue. The estimated number of van movements required in 2014 is 16 at $100 per movement by contractor.

 

Council has an adopted Community Safety Plan that has been endorsed by the Department of Attorney General and Justice until March 2017.  It is recommended that the assistance to Life Education NSW be approved to March 2017.    The assistance will be reviewed as part of the development of the subsequent Community Safety Plan.

 

Funding is available from the Community Safety Initiatives budget to provide the assistance to Life Education NSW. This assistance will allow the provision of preventative drug and alcohol education programs to school aged children within the Penrith LGA.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Life Education NSW be received.

2.     Council continue its support of Life Education NSW in its provision of preventative drug and alcohol programs to school aged children in the Penrith LGA, as detailed in the report.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   28 April 2014

 

 

 

8

Dunheved Business Park Survey   

 

Compiled by:               Tony Crichton, Senior Environmental Planner

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key identified places in the City

      

 

Executive Summary

The purpose of this report is to advise Council of the completion of a survey of businesses within Dunheved Business Park (DBP) and compilation of the survey results and issues generated by that survey.  Penrith City Council, the Penrith Valley Chamber of Commerce (the Chamber) and the Penrith Business Alliance (PBA) jointly funded the survey of businesses within the northern and southern precincts of the business park.

 

The survey was carried out by students from the University of Western Sydney between March and July 2013.  A total of 211 surveys have been completed within the northern and southern precincts which are bounded by Links Road, Forrester Road, the Western Railway Line and the disused rail line between Christie Street and St Marys. 

 

The business community has nominated five key issues emerging from the survey to be addressed including:

1.  Council-owned infrastructure – drainage, signage and street lighting

2.  Public utilities infrastructure –power supply, telecommunications and internet and public transport

3.  Streetscape appearance

4.  Dumping and security issues

5.  Entry points to DBP.

 

The survey will inform draft recommended actions to be included in the ‘Dunheved Business Park Revitalisation Strategy’, which is currently being prepared for Council’s consideration.

 

The report recommends the information contained in the report on Dunheved Business Park Survey be received and that a copy of the Dunheved Business Park Survey report be forwarded to project partners, the Penrith Chamber of Commerce and the Penrith Business Alliance.

 

Background

Dunheved Business Park is one of the major employment precincts within Penrith City and plays a key strategic employment role for the City with high employment densities.  This established business park has an area of approximately 292 hectares and according to Australian Bureau of Statistics data employs close to 4,000 people.  Council is committed to ensuring the continued growth and viability of this important place by supporting a coordinated approach to infrastructure and public domain improvements.

 

The initial impetus for revitalisation of Dunheved Business Park (DBP) originated from discussions between Council and the Penrith Valley Chamber of Commerce in mid 2009.  Council and the Chamber of Commerce have met regularly since this time to initiate and plan the revitalisation of the business park. 

 

The survey objectives have been to produce a detailed data base of current businesses, obtain information on employment and skill levels, to seek feedback from businesses on the adequacy of current infrastructure provision and to identify key issues for further action.

 

Penrith City Council, the Penrith Valley Chamber of Commerce (the Chamber) and the Penrith Business Alliance (PBA) jointly funded the survey of businesses within North and South Dunheved Business Park. The survey has been informed by input from both of these project partners and their support and guidance has contributed to the success of the project.

 

Survey Area

The Dunheved Business Park (DBP) is located immediately adjacent to St Marys and the main western railway line to Penrith and Sydney.  It is divided into northern, southern and eastern precincts, with a total area of approximately 292 hectares. 

 

The eastern precinct was developed several decades later than the north and south precincts and has a generally higher level of amenity.

 

The survey area for this project was limited to the northern and southern precincts, as illustrated in Figure 1 of the attached report. Approximately 3,000 people are employed in the north and south precincts with a total area of 244 ha, which includes the undeveloped rail corridor lands (15 ha).  These two areas have also been identified as the prime focus of the Dunheved Business Park Revitalisation Strategy. 

 

Dunheved Business Park Businesses Survey

A separate survey questionnaire comprising 13 questions was completed for each individual property by conducting face to face surveys with the owner or business operator for each business currently operating within the estate.  A copy of the Survey Questionnaire is appended at Appendix 1 to the attached Survey report.  A copy of the survey questionnaire results is appended at Appendix 2 to the attached Survey report. 

A survey database has been prepared from a total of 211 completed surveys from North and South Dunheved Business Park.  A copy of the survey database has been made available to our project partners, the Penrith Valley Chamber of Commerce and the Penrith Business Alliance.