21 May 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 26 May 2014 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Karen McKeown - 8 May 2014 to 11 June 2014 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 28 April 2014.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 9 April 2014.

Local Traffic Committee Meeting - 5 May 2014.

Policy Review Committee Meeting - 12 May 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 May 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 28 APRIL 2014 AT 7:32PM

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 and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey (arrived 7:38pm).

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Marcus Cornish for the period 19 April 2014 to 30 April 2014 inclusive.

APOLOGIES

90  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that apologies be received for Councillors Jim Aitken OAM and Jackie Greenow OAM.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 24 March 2014

91  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the minutes of the Ordinary Meeting of 24 March 2014 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 12 - Penrith Valley Regional Sports Centre - ClubGrants Category 3 Submission as he is Council’s representative on the Board of the Penrith Valley Regional Sports Centre Limited.

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 12 - Penrith Valley Regional Sports Centre - ClubGrants Category 3 Submission as he is the Auditor of the company subject to the report. Councillor Ross Fowler OAM indicated he would vacate the Chair and leave the room for consideration of this matter.

 

Councillor Michelle Tormey arrived to the meeting, the time being 7:38pm.

 

 

 

SUSPENSION OF STANDING ORDERS

92  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

 

Mr Peter Laybutt

 

Item 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

 

Item 2 - Development Application DA13/0288.01 Proposed section 82A review of determination 86-94 Andromeda Drive, Cranebrook

 

Mr Laybutt, the owner’s applicant, spoke in support of the recommendation and gave a brief background of the Xavier College site before it’s relocation to the Ninth Avenue, Llandilo site. Mr Laybutt outlined that the proposal is on a site which has been zoned for residential development and is essentially surrounded by properties of a nature and scale similar to the proposal.

 

Mr Laybutt advised that following Council’s meeting of 24 March 2014 a request was made for clarification of two matters (adequacy of the school playground area and the planned vegetation management plan) and that these have been addressed in the Report tonight.

 

Mr Laybutt concluded by stating that the only submission received in regard to the applications had been addressed in the Council’s report and that he commended the proposal and its significant environmental merit.

 

Mr Robert White

 

Item 6 – Request for Physical Closure of Mackay Lane, Emu Plains

 

Mr White, an affected neighbour, spoke in support of the recommendation and questioned how closing the laneway 24/7 would protect child safety, in addition to questioning why the school had not spoken to any residents through this process. Mr White claimed that the school has a long list of invasions on crown land and invasions affecting his quality of life.

 

Mr White concluded his address by questioning why the school no longer has a good neighbour policy and stated that he has never witnessed any suspicious behaviour in this laneway and requested Councillors to support the recommendation.

 

 

Mrs Carmel Mifsud

 

Item 6 – Request for Physical Closure of Mackay Lane, Emu Plains

 

Mrs Mifsud, an affected neighbour, spoke in support of the recommendation and asked what action the school has taken to ensure safety prior to requesting the laneway closure. Mrs Mifsud claimed that the alternate routes proposed posed increased safety issues and as she had two young children these would not be viable options.

 

Mrs Mifsud concluded by stating she believed the school has other options available to them apart from the closure and is disappointed the school hadn’t spoken to affected residents.

 

Mrs Mifsud asked the Council to consider the increased safety risks created by closing the laneway.

 

 

Ms Narelle Jarman

 

Item 6 – Request for Physical Closure of Mackay Lane, Emu Plains

 

Ms Narelle Jarman, an affected neighbour, spoke in support of the recommendation and in particular noted the consequences any laneway closure would have on many of the elderly residents in the area. Mrs Jarman claimed that closing the laneway would not assist with loitering as this is mostly done by parents at drop off and pick up times and that the majority of neighbouring residents did not want the laneway closed. Ms Jarman stated that the residents were concerned with the traffic in the laneway and safety of the children.

 

93  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete her address, the time being 8:01pm.

 

Ms Jarman concluded by stating her disappointment in the school for not engaging with local residents.

 

 

Ms Sue Veling

 

Item 6 – Request for Physical Closure of Mackay Lane, Emu Plains

 

Ms Veling, the applicant’s spokesperson, spoke against the recommendation and requested that Council consider closure of the laneway. Ms Veling stated that there is wide support within the greater school community for the closure. Ms Veling continued in her address highlighting that the only solution viable to protect the safety of school students is for the full closure of the laneway. Ms Veling underlined a number of reasons for this such as controlling access to unwelcomed visitors, runaway students and vehicle access. Ms Veling stated that it was understood some local residents may be inconvenienced but a significant number would also not be affected and in addition there may be improvements to incidents of graffiti, damage to property and late night noise.

 

94  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa that an extension of time be granted to enable the speaker to complete her address, the time being 8:10pm.

 

Ms Veling concluded by stating the laneway is mainly used by students and that the school has been proactive in consultation with affected residents, the Parish, Emu Plains Public School and Penrith City Council. Ms Veling requested Council to consider the safety of the school children and approve the application for the laneway closure.

 

RESUMPTION OF STANDING ORDERS

95  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that Standing Orders be resumed, the time being 8:17pm.

 

Councillor Karen McKeown left the meeting, the time being 8:25pm.

Councillor Karen McKeown returned to the meeting, the time being 8:31pm.

 

 

Notices Of Motion

 

1        Badgerys Creek - Second Airport                                                                                   

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

 

That:

 

1.    Council write to the Hon Tony Abbott MP, Prime Minister of Australia and the Hon Warren Truss MP, Minister for Infrastructure and Regional Development 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 proposed Badgerys Creek Airport.

 

3.    In the event that the EIS supports a second airport that Council oppose a 24 hour second airport with no curfew.
 

4.    Council Officers are encouraged to communicate with both State and Federal Departments to maximise the economic benefits that will accrue from the airport for Western Sydney.

 

5.    Council write to the local State and Federal Members of Parliament seeking support for the proposed Infrastructure improvements announced whether the EIS supports a second airport or not.

 

6.    On receipt of an EIS, that a Councillor Briefing be held, followed by Council holding residents forums outlining what the EIS means.

 

 

2        Privatisation of New South Wales Electricity Network                                                

97  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Car 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

 

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

98  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 12 March, 2014 be adopted.

 

 

 

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

99  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Prue Car that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 April, 2014 be adopted.

 

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

100  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 14 April, 2014 be adopted.

 

DELIVERY PROGRAM REPORTS

 

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  

101  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

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.

 

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

For

Against

 

Councillor Prue Car

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Maurice Girotto                       

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

2        Development Application DA13/0288.01 Proposed section 82A review of determination 86-94 Andromeda Drive, Cranebrook

102  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

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.

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

For

Against

 

Councillor Prue Car

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Maurice Girotto                       

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 


 

Outcome 4 - We have safe, vibrant places

 

6        Request for Physical Closure of Mackay Lane, Emu Plains                                        

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

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.

 

 

Outcome 2 - We plan for our future growth

 

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                                                                                                                         

104  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia Hitchen that the matter be deferred to a Councillor Briefing for further clarification on a number of issues.

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 Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 


 

Outcome 3 - We can get around the City

 

Councillor John Thain left the meeting, the time being 9:33pm.

 

4        Ninth Avenue, Llandilo - Traffic Congestion at Xavier College                                   

105  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia  Hitchen that the information contained in the report on Ninth Avenue, Llandilo - Traffic Congestion at Xavier College be received.

 

 

Outcome 4 - We have safe, vibrant places

 

5        Kingswood Public Domain Manual                                                                                 

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

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.

 

7        Life Education NSW                                                                                                          

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

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.

 

8        Dunheved Business Park Survey                                                                                    

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

That:

1.     The information contained in the report on Dunheved Business Park Survey be received.

2.     A copy of the Dunheved Business Park Survey report be forwarded to project partners, the Penrith Chamber of Commerce and the Penrith Business Alliance.

 


 

Outcome 5 - We care about our environment

 

Councillor John Thain returned to the meeting, the time being 9:37pm.

 

9        Floodplain Risk Management Committee                                                                      

109  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1.   The information contained in the report on Floodplain Risk Management Committee be received.

2.   Council establish a Floodplain Risk Management Committee to assist Council in the development and implementation of floodplain management plans.

3.   Council nominate Councillors John Thain, Jim Aitken OAM, Jackie Greenow OAM and Greg Davies as members of the Floodplain Risk Management Committee, with all Councillors invited to attend.

4.   Council forward invitations to relevant State agencies inviting one representative to join the Floodplain Risk Management Committee.

5.   Council, through the Floodplain Management Working Party, develop a recruitment and communication strategy to seek nominations to join the Floodplain Risk Management Committee as community representatives.

6.   Authority be delegated to the General Manager to determine, in consultation with the Floodplain Management Working Party, community membership on the Floodplain Risk Management Committee.

 

 

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

 

10      Youth Week Funding History                                                                                           

110  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown that the information contained in the report on Youth Week Funding History be received.

 

11      NSW Public Library Association Community Funding Campaign                             

111  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown

That:

1.     The information contained in the report on NSW Public Library Association Community Funding Campaign be received.

2.     Council provide support to the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

a)   Making representation to the local State Members in relation to the need for additional funding from the NSW State Government for the provision of public library services;

b)   Writing to the Hon. Troy Grant,  MP, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;

c)   Approving the distribution of NSW Public Library Associations’ campaign information in Council libraries;

d)   Taking a lead role in activating the campaign locally.

 

 

Having previously declared a Pecuniary Interest in Item 12, His Worship the Mayor, Councillor Ross Fowler OAM vacated the Chair and left the meeting, the time being 9:38pm.

 

Procedural Motion

112  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Goldfinch that Councillor Mark Davies take the Chair for consideration of Item 12.

Councillor Mark Davies took the Chair for consideration of Item 12, the time being 9:38pm.

 

12      Penrith Valley Regional Sports Centre - ClubGrants Category 3 Submission         

113  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

1.      The information contained in the report on Penrith Valley Regional Sports Centre – ClubGrants Category 3 Submission be received.

2.      Penrith City Council provide a letter to the Penrith Valley Regional Sports Centre Limited confirming that Council will enter a deed of guarantee for a new loan of up to $500,000 repayable over 7 years on behalf of Penrith Valley Regional Sports Centre Limited should their application to the ClubGRANTS – Category 3 Program as outlined in this report be successful.

3.      Penrith City Council enter into a deed of guarantee for a new loan of up to $500,000 repayable over 7 years on behalf of Penrith Valley Regional Sports Centre Limited should their application to the ClubGRANTS – Category 3 Program as outlined in this report be successful.

4.      The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise Council being Guarantor for the Penrith Valley Regional Sports Centre Limited borrowings as outlined in this report.

 

 

His Worship the Mayor, Councillor Ross Fowler OAM returned to the meeting, and took the Chair the time being 9:40pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:40pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:44pm.


 

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)

 

His Worship the Mayor, Councillor Ross Fowler OAM, congratulated the Council’s staff on the preparation of the draft Operational Plan.                                                                                                         

114  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on The Exhibition of the revised Delivery Program 2013-17 (incorporating the 2014-15 draft Operational Plan and Fees & Charges) be received

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse for public exhibition the revised Delivery Program 2013-17 (incorporating the draft Operational Plan for 2014-15) and draft Fees and Charges 2014-15, including any amendments made at tonight’s meeting

3.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the revised Delivery Program 2013-17 (incorporating the Operational Plan for 2014-15) and draft Fees and Charges 2014-15 be placed on public exhibition for 28 days commencing on Friday 2 May 2014 and closing on Monday 2 June 2014

4.     The public exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

 

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

115  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Proposed Permanent Closure of Part Station Lane, Penrith at Nos. 101-107 Station Street, Penrith be received.

2.     Council proceed with the application to NSW Trade and Investment (Crown Lands) for approval to permanently close Part Station Lane at Nos. 101-107 Station Street, Penrith.

3.     Upon closure the land be classified as “operational” land and be consolidated with Council’s adjoining holdings.

 

 


 

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

116  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ben Goldfinch

That:

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

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

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

4.     The Agency Collection Methods as at 31 March 2014 be noted.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Riley Street - Parking                                                                                              

Councillor Tricia Hitchen requested a memo reply concerning the consideration of waiving fines issued by Council Rangers during the school holidays to the owners of vehicles parked in the bus bays in Riley Street.

 

RR 2           Whitewater Stadium - Marketing                                                                           

Councillor Tricia Hitchen requested a memo reply to all Councillors explaining why Jessica Fox is not used in Whitewater Stadium’s marketing campaign, given Council has used Ms Fox successfully in the library marketing campaign.

 

RR 3           Committee of the Whole Matter concerning property                                        

Councillor Bernard Bratusa requested a matter be referred to committee of the whole for discussion pertaining to a property.

This item has been referred to Committee of the Whole as the verbal report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 4           Panthers Scoreboard                                                                                              

Councillor John Thain requested a memo reply to all Councillors on whether or not the Panthers’ scoreboard was heritage listed and if Panthers required permission to remove it.

 

RR 5           Penrith Lakes Exhibition                                                                                         

Councillor John Thain requested a memo reply concerning door knocking and flyers being distributed in Cranebrook advising of waste being brought in the lakes for fill. Cr Thain requested the memo reply detail extending the exhibition period for 2 weeks.

 


 

RR 6           Parklawn Shops - Signage                                                                                     

Councillor Greg Davies  requested a memo reply concerning the old sign relating to Parklawn shops near the North St Marys Neighbourhood Centre being removed or redone and a sign be placed on Debrincat Avenue showing the way to Parklawn shops.

 

RR 7           Request for Tree Removal                                                                                      

Councillor Greg Davies requested that the dead tree outside the Don Bosco Centre, St Marys on Mamre Road be removed.

 

RR 8           Repeal of Section 18C of the Racial Discrimination Act                                     

Councillor Prue Car requested an urgent report to Council addressing the ways that the proposed repeal of Section 18C of the Racial Discrimination Act will affect the Penrith community.

 

RR 9           Myrtle Road  - Footpath                                                                                          

Councillor Prue Car requested a memo on any plans to construct a footpath on the side of Myrtle Road, Claremont Meadows, where there currently is no footpath.

 

RR 10         Provision of footpath - Carpenter Street, St Marys                                             

Councillor Prue Car requested a memo on whether Council can provide a footpath on Carpenter Street, St Marys on the corner of Marsden Road, near the bus stop.

 

RR 11         Provision of footpath - Francis Street, Werrington County                               

Councillor Prue Car requested a memo on whether or not Council can provide a footpath on Francis Street, Werrington County.

 

RR 12         Lack of School Buses - Penrith Anglican College and St Dominic’s College  

Councillor Prue Car requested that Council make representations to Busways about the lack of school buses being provided for students attending both Penrith Anglican College and St Dominic’s College.

 

RR 13         Trailbikes Signage                                                                                                   

Councillor Prue Car requested a memo reply concerning erecting signage on the reserve near Gagoor Close, Claremont Meadows, discouraging the use of trailbikes in the reserve.

 

RR 14         Rubbish - Dunheved Road                                                                                     

Councillor Prue Car requested a memo reply concerning an urgent clean up of general rubbish being arranged along Dunheved Road, Werrington and Werrington County. Can I also get a memo on how regularly this area is cleaned.

 

RR 15         Speeding - Myrtle Road, Claremont Meadows                                                    

Councillor Prue Car requested a memo reply concerning the Local Traffic Committee investigating reports of speeding on Myrtle Road, Claremont Meadows.

 

URGENT BUSINESS

 

UB 1           Leave of Absence Request                                                                                     

Councillor Karen McKeown requested leave of absence from 8 May 2014 to 11 June 2014 inclusive.

117  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain 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.

 

118  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that leave of absence be granted to Councillor Karen McKeown from 8 May 2014 to 11 June 2014 inclusive.

 

UB 2           Leave of Absence Request                                                                                     

Councillor Kevin Crameri OAM requested leave of absence from 13 May 2014 to 25 May 2014 inclusive.

119  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown 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.

 

120  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown that leave of absence be granted to Councillor Kevin Crameri OAM from 13 May 2014 to 25 May 2014 inclusive.

 

UB 3           Leave of Absence Request                                                                                     

Councillor Ross Fowler OAM requested leave of absence for Councillor Jim Aitken OAM and himself from 10 May 2014 to 21 May 2014 inclusive to attend the China Import Expo.

121  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa 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.

 

122  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa that leave of absence be granted to Councillors Ross Fowler OAM and Jim Aitken OAM from 10 May 2014 to 21 May 2014 to attend the China Import Expo.

 

 

His Worship the Mayor, Councillor Ross Fowler OAM indicated that in light of leave of absence being granted to the Deputy Mayor, Councillor Jim Aitken OAM and himself for the period 10 May 2014 to 21 May 2014 that it would be appropriate to elect a Chairperson for the Policy Review Committee Meeting and Councillor Briefing Meeting that are scheduled for that period.


 

123  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ben Goldfinch that Councillor Mark Davies Chair the Policy Review Committee Meeting and Councillor Briefing scheduled for the period 10 May 2014 to 21 May 2014.

 

Councillor Michelle Tormey left the meeting, the time being 9:58pm.

 

Committee of the Whole

 

124  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Prue Car        that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:58pm.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Proposed easement for drainage over Council land - Lot 542 DP 631561 and Lot 502 DP 1037227, Haynes Street, Penrith to benefit Lot 1 DP 1183521, 22 - 24 Haynes Street, 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.

 

The meeting resumed at 10:04pm and the Assistant General Manager reported that the Committee of the Whole met at 9:58pm on 28 April 2014, the following being present

 

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

 

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

 


 

CONFIDENTIAL BUSINESS

 

Councillor Michelle Tormey returned to meeting, the time being 9:59pm.

 

2        Proposed easement for drainage over Council land - Lot 542 DP 631561 and Lot 502 DP 1037227, Haynes Street, Penrith to benefit Lot 1 DP 1183521, 22 - 24 Haynes Street, Penrith                                                                                                                                

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

CW2 That:

1.     The information contained in the report on Proposed easement for drainage over Council land - Lot 542 DP 631561 and Lot 502 DP 1037227, Haynes Street, Penrith to benefit Lot 1 DP 1183521, 22 - 24 Haynes Street, Penrith be received.

2.     Council grant an easement to drain water over Council property Lot 542 DP 631561 and Lot 502 DP 1037227, Haynes Street, Penrith to benefit Lot 1 in DP 1183521, 22-24 Haynes Street, Penrith 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.

 

3        Property Matter - Mulgoa                                                                                                 

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown

CW3 That the information contained in the verbal report on Property Matter – Mulgoa be received and a further report on the matter be brought to Council.

 

 

ADOPTION OF Committee of the Whole

 

125  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:05pm.

 


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                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Passing of Yvonne Cassidy OAM DSM                                                                            1

 

2        Congratulations to Jessica Fox on Dual World Championship win                                   2

 

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

Mayoral Minute

Passing of Yvonne Cassidy OAM DSM

        

  

 

Mrs Yvonne Cassidy OAM DSM, well known within the Penrith community through her selfless work with the Australian Red Cross, passed away peacefully on 28 April 2014.

 

In 2003/04 White Pages chose Yvonne to be on the directory cover for the Penrith area that formed part of the “Celebrating the Australian Spirit” campaign. The campaign was a way to recognise and celebrate the efforts of people working together to care for and help others in the community. Yvonne was more than worthy of this acclaim.

 

Yvonne’s commitment to the community had no limits. Through her work with the Australian Red Cross Voluntary Aid Service Corps, Yvonne was awarded the Yvonne Kennedy Memorial Award for outstanding contribution to the Corps. A friend of Yvonne Kennedy’s for over 25 years, the pair were known as the “two vonnies” with Yvonne being instrumental in arranging the donation of Kennedy’s Red Cross uniform and badges to the National Museum after Kennedy’s death in the 9/11 attacks in America.

 

Her relentless work with the Australian Red Cross was recognised in 2006 when she was honoured with the Order of Australia Medal. The Red Cross was not the only cause Yvonne was involved with. She would also lend a hand to the State Emergency Services, local bush fire brigades, the University of the Third Age and the Nepean District Hospital Cancer Care Centre.

 

Our sympathies go to Yvonne’s family, a mother to Terryll, Steven and Susan, grandmother to Greer-Louise, Natalie, Alison and Billy and great grandmother to Michaela. The Penrith community holds Yvonne’s work in the highest gratitude and is deeply saddened as we give our condolences to her family.

 

Yvonne gave her time selflessly to the community and to those who were less fortunate in society. She will be sadly missed by everyone who knew her. The contribution she made will stand as a legacy of her efforts and the causes to which she devoted herself.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Yvonne Cassidy OAM DSM be received.

 

 

 


Ordinary Meeting                                                                                                    26 May 2014

 

Mayoral Minute

Congratulations to Jessica Fox on Dual World Championship win

Strategy: Encourage social connections and promote inclusion in our community

           

 

I would like to congratulate Jessica Fox on her recent dual World Championships win at the 2014 ICF Canoe Slalom Under 23 World Championships at Penrith Whitewater Stadium.

 

Jessica is the first woman ever to claim both the K1 and C1 titles at the Under 23 level.

 

The former Blaxland High School girl and Penrith resident is the 2012 Olympic Games Silver medallist.

 

Her latest achievement means a lot to the people of Penrith City, particularly as she secured two gold and one bronze medal on her home course, in front of a cheering home crowd.

 

I’d also like to take this opportunity to thank Jessica for her contribution to the Penrith community. As 2013 Penrith Citizen of the Year and Sports Person of the Year, Jessica continues to take time out of her busy schedule to attend many civic events. She was also happy to become the face of Council’s recent library membership drive.

 

We wish Jessica all the very best in the coming race season and in her bid to qualify for the 2016 Olympic Games in Rio.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Congratulations to Jessica Fox on Dual World Championship win be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 9 April 2014   1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 May 2014     7

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 12 May 2014                                                                                                                                           17

 

 

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 9 April, 2014

 

 

 

PRESENT

Councillor Jackie Greenow OAM, Councillor Tricia Hitchen, Councillor Marcus Cornish, Michael Morris, Emma Husar, Farah Madon, Denise Heath.

 

IN ATTENDANCE

 

Ben Felten – Acting Community Programs Coordinator, Robyn Brookes – Disability Services Officer, Hans Meijer – City Works Manager, Erich Weller – Community and Cultural Development Manager, Sonia Dalitz – Social Planner, Robert Craig – Principal Planner, Colin Wood – Fire Safety and Certification Coordinator, Francois Van Der Berg - Manager Building and Development - Broken Hill City Council, Mahbub Alam – Environmental Planner, Hannah Van de Werff – Acting Senior Environmental Planner, Scott Steventon – Panthers, Russell Lee - Cox Richardson Architects (Western Sydney Community and Sports Project), Kevin Currucan – Architectus Architects (Car park and Accommodation Building), Alex Petchell – Project Manager Brookfield Multiplex, Sime Culina – Design Manager Brookfield Multiplex, Anthony Leuzzi – Morris Goding Access Consultants.

 

Colin Wood introduced Francois Van Der Berg, Manager Building and Development, Broken Hill City Council, who is currently undertaking work experience in Council’s Development Services Department.

 

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

Apologies were accepted from David Currie, Councillor Prue Car, Joe Ibbitson and Graham Howe.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 12 February 2014

The minutes of the Access Committee Meeting of 12 February 2014 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a Pecuniary Interest in Item 1 – Development Applications referred to Access Committee – DA14/0123 Residential Seniors Living  as she is an access consultant with the project.  Farah Madon stated that she would leave the meeting during consideration of this item.

 


DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

2        Proposed Western Sydney Community and Sports Centre (WSCSC) and Multi-Deck Car Park within the Panthers Penrith Precinct at 123 Mulgoa Road, Penrith                  

Robert Craig introduced the report which details two proposed developments on the Panthers site.  A multi-deck carpark which includes serviced apartments and the Western Sydney Community and Sports Centre.  Robert Craig advised that presentations will be made on both proposals.  The development applications for these proposed buildings have not yet been lodged with Council.

 

The presenters Scott Steventon, Russell Lee, Kevin Currucan, Alex Petchell, Sime Culina, Anthony Leuzzi, arrived at the meeting at 5.15pm.

 

Robert Craig introduced Scott Steventon from Multiplex. Scott Steventon introduced Russell Lee from Cox Architects.  A brief overview of the carpark staged development and short stay accommodation was given.

 

Russell Lee advised that the Western Sydney Community and Sports Centre facility has a combination of spaces within the one building, from specific sports facilities to multipurpose facilities.  The design will take advantage of synergies with adjacent buildings.  The frontage is to the lake and the carpark.  The main entries are at either end of the western facade. There is capacity to seat 1,200 people for a sit down banquet.  Adjacent is a multipurpose international style exhibition hall.  The two facilities operate together.

 

To the south of the abovementioned facilities there is a dedicated sports hall facility with a sprung timber floor.  There are up to four courts which can accommodate volley ball, basketball, etc.  Change facilities have direct access from the main entry and the carpark area.  Adjacent to the main entry are multipurpose rooms, a scouts hall, visitor education facility rooms, etc.  Above this is the gym, along the western side of the facility. This is a large Fitness First facility which can accommodate 3,500 members.

 

The childminding facility is located upstairs.  The site is relatively level, approximately 1:20 level across site.

 

Issues raised regarding Western Sydney Community and Sports Centre

 

·    The long expanse of the gymnasium results in an excessive distance to the lift (approximately 150m). Proximity to the lift access should be reviewed.

·    The stepping of the terrace areas outside the building should provide for suitable accessibility.

·    All building entries should be accessible.

·    Accessible sanitary and support sanitary facilities should be dispersed throughout the building and not concentrated in one area.

·    Suitable change room areas and facilities should be provided in the toilets, including for adults with changing requirements. These facilities should also be parent friendly.

·    Provision of a sluice within sanitary facilities.

·    Accessible change rooms and showers should be provided for the sports hall.

·    Accessible parking should have a direct route to the facility. A 1:14 grade is required for the accessible parking.

·    Buildings should be linked by accessible pathways.

 

Kevin Currucan from Architectus discussed the pedestrian access from the multideck carpark and serviced apartments.  He advised that as part of the developed masterplan Panthers promenade is fully accessible.

 

The pedestrian link bridge to the existing club building is located on level one.  There are six accessible units within the apartment building.  The accessible apartment is immediately adjacent to the lifts.

 

Councillor Tricia Hitchen enquired regarding a walkway from the carpark to the sporting ground across Mulgoa Road. 

 

It was advised that there are accessible crossings at roadways and that the carpark is to service the apartments and the Club.  There is a bank of accessible carpark spaces connected to the stadium on Ransley Street for use on game day.  It was also advised there would be a compliant pathway which did not require ramps.

 

Issues raised regarding Multi-Deck Car Park and Serviced Apartments

 

·    An accessible path of travel should be provided from the car park across to Mulgoa Road and Sportingbet Stadium.

·    Universal design principles should be applied to all apartments.

·    There is a lack of connection between the accessible car space locations and the serviced apartments entry and car park lift.

·    A designated drop-off zone is required for the serviced apartments in proximity to the lobby entry.

·    A mix of accessible apartments should be provided (i.e. not just studios but also one and two bedroom units).

·    There is no direct access from the car park to the serviced apartments above the ground floor.  Additional accessible car spaces should be provided at the ground floor level.

·    The proposal should be re-reported to the Access Committee to review the final detailed design plans.

 

Scott Steventon undertook to provide feedback from the meeting to the Club and potential operators and respond to the issues raised by Committee members.

 

Councillor Jackie Greenow OAM requested that the development application come back to the Access Committee with further detail.  A special meeting can be scheduled if one is required due to timing.  Erich Weller advised to liaise with Robert Craig if a special meeting was required.

 

An invitation was extended on behalf of Panthers for Access Committee members to attend the Club.

 

Councillor Jackie Greenow OAM thanked the presenters on behalf of the Access Committee for their presentations.

 

Scott Steventon, Russell Lee, Kevin Currucan, Alex Petchell, Sime Culina, and Anthony Leuzzi left the meeting at 6.20pm.

 

 

 

 

 

 

RECOMMENDED  that the information contained in the report on Proposed Western Sydney Community and Sports Centre (WSCSC) and Multi-Deck Car Park within the Panthers Penrith Precinct at 123 Mulgoa Road, Penrith be received.

 

The meeting broke for a supper break at 6.20pm and resumed at 6.25pm.

 

Robert Craig and Farah Madon left the meeting at 6.25pm.

 

1        Development Applications referred to Access Committee                                          

 

DA14/0123      Anglican Retirement Village, Gascoigne Street, Penrith

 

Mahbub Alam presented the development application from Anglican Retirement Village for alterations and additions to an existing residential aged care facility.  At present there are 50 rooms with an additional nine residential rooms proposed including four accessible units.  The proposal includes modification to the existing utility and garden room, extension of the dining room, general alterations and additions to the staff and service area, demolition of the supervisor’s unit, storeroom and adjacent stairwell and associated external work.

 

There will be eleven carpark spaces with one accessible car space.

 

Discussion included the following:

 

·    Provision of a second lift

·    Emergency egress requirements

·    The number of accessible units in this facility and across Penrith LGA.

 

There was further discussion regarding lifting the requirement standard and becoming a leader in the area.

 

Denise Heath expressed concern with the wording of the letter on the back page of the Access Report.  The letter advised that ARV would be unable to employ a person with a physical disability or a visual impairment.

 

Mahbub Alam left the meeting at 6.44pm

 

Farah Madon returned to the meeting at 6.44pm.

 

DA14/0209      Western Precinct Oval, Jordan Springs

 

Hannah Van de Werff introduced the development application for the construction of a Village Oval and ancillary recreational facilities at Jordan Springs.

 

The oval is in close proximity to the recently established shopping centre. The proposal is for two playing fields which will service potentially rugby union, rugby league and soccer, one AFL and cricket oval, an amenities building at the north of the site, pedestrian connection to carpark, hard courts, learn to ride facility to the south, several other fitness centres and 50 carpark spaces on the north of the site with a proposed 30 carpark spaces to the south. There are four accessible parking spaces in the northern carpark and one in the southern.

 

Hannah Van de Werff suggested the amenities building plan will most likely change after issues are raised with the applicant.  There was no access report with the application.  More detail is required in regard to provision of seating and footpath connections.  Comments were sought from the Committee to take back to the applicant.

 

Hannah Van de Werff advised that with the building redesign all entrances to toilet facilities would be on the outside of the facility.

 

Issues discussed by the Committee included:

 

·    The lack of accessible showers

·    Changing facilities required for larger children and adults

·    Compliant showers

·    Suggestion to take the shower out of the accessible toilet and install an adult change table instead

·    The accessible toilet is in the wrong location

·    An ambulant toilet

·    Sliding panels in the showers

·    Inclusive environments, without segregation

·    Partition walls in ambulant facilities might not be able to take the weight - move to a brick wall to take the weight better

·    Putting in a clause addressing the canteen as well because there is no reason why someone in a wheelchair cannot serve at the counter

·    Universal design to be used with respect to outdoor furniture and fittings, universal seating with armrest and backrest

·    Installation of a bubbler

·    Directional signage especially if the buildings are separated.

 

RECOMMENDED  that the information contained in the report on Development Applications referred to Access Committee be received.

 

Councillor Marcus Cornish left the meeting at 7.00pm

 

 

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

 

3        Australian Bureau of Statistics 2012 Survey of Disability, Ageing and Carers, Australia: Summary of Findings                                                                                                       

Sonia Dalitz presented the report which provided information regarding the 2012 Survey of Disability, Ageing and Carers conducted by the Australian Bureau of Statistics (ABS) and released in November 2013.  Further details are available on the ABS website.

 

Hannah Van de Werff left the meeting at 7.03pm.

 

Denise Heath requested a copy of the Powerpoint presentation and Sonia Dalitz undertook to provide one.

 

Emma Husar left the meeting at 7.10pm.

 

RECOMMENDED  that the information contained in the report on Australian Bureau of Statistics 2012 Survey of Disability, Ageing and Carers, Australia: Summary of Findings be received.

 

 


GENERAL BUSINESS

 

GB 1          Woodriff Street                                                                                                         

Councillor Tricia Hitchen advised following the Local Traffic Committee meeting that TGSIs and ramps would be installed on Woodriff Street.

 

GB 2          Benches in Westfield Penrith                                                                                 

Colin Wood referred to GB1 in the previous Access Committee minutes regarding the removal of the benches outside Woolworths in Westfield Penrith.

 

Colin Wood advised that two chairs had been placed in this area and asked if this was adequate.  Councillor Tricia Hitchen advised that bench seats were preferable.

 

Colin Wood undertook to raise this matter again with Westfield management and also walk through the plaza to look at seating.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.15pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 April, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                                    26 May 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 May, 2014

 

 

 

PRESENT

David Drozd – Acting Traffic Engineering Co-ordinator (Chairperson), Wayne Mitchell – Executive Manager  Environment & City Development, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Traffic & Road Safety Officer, Graham Green – Senior Traffic Engineer, Senior Constable Mark Elliott – St Marys Police, Councillor Marcus Cornish, Bernie Meier – Acting Engineering Co-ordinator, Joshua Hull – Trainee Engineer, Sohrab Mia – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways, Steven Purvis – Ranger.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Ruth Byrnes – Senior Traffic Officer, Mr Bart Bassett MP – Member for Londonderry, Councillor Tricia Hitchen – Representative for the Member for Penrith, Mark Holmes - Representative for the Member for Mulgoa, Sergeant Matt Shirvington – Penrith Police.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 April 2014

The minutes of the Local Traffic Committee Meeting of 7 April 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

 There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        St Marys Spring Festival & Street Parade - Saturday 6 September 2014                   

RECOMMENDED

That:

1.     The information contained in the report on St Marys Spring Festival & Street Parade - Saturday 6 September 2014 be received.

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services Guidelines for Special Events Version 3.4 August 2006, for the St Marys Spring Festival and Street Parade on 6 September 2014 be endorsed, subject to the following conditions:

(a)  The event applicant be 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.

(b)  Approval be given for the temporary closure of roads listed in the report, for the duration of the event.

(c)  A Traffic Management Plan, including a Risk Management Plan, 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.

(d)  The event applicant obtain separate approval from the 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.

(e)  The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.  In addition, the event applicant shall indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

(f)  A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

(g)  The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved 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.

(h)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(i)   The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

(j)   The event applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed.

(k)  Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).  The organisers be requested to co‑ordinate advisory signs, as required, with Council’s City Works Manager:

·    for westbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 6 September 2014 (7.00am–5.00pm)”.

·    for eastbound traffic “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 6 September 2014 (7.00am–5.00pm)”.

The signs are to be placed on the Great Western Highway (on the concrete median and prior to Glossop Street for westbound traffic, and on the northern kerb side for eastbound traffic), approximately 50m from both approaches to Queen Street, at least two weeks before the Festival.

An additional sign is to be placed on Mamre Road for northbound traffic, approximately 50m on the approach to the Great Western Highway indicating “Queen Street from Nariel Street to King Street will be temporarily closed to vehicular traffic on Saturday 6 September 2014 (7.00am–5.00pm)”.

(l)   The event organiser notifies ambulance and fire brigades (NSW Fire & Rescue and NSW Rural Fire Service) and the NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event.

(m)         The event applicant notifies private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(n)  Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

(o)  The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(p)  The event applicant is to ensure that participants obey road rules and Police directions during the event.

(q)  Council reserves the right to cancel this approval at any time.

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

 

 

2        Derby Street, Kingswood - Parking Usage within the Vicinity of Nepean Hospital  

RECOMMENDED

That:

1.     The information contained in the report on Derby Street, Kingswood - Parking Usage within the Vicinity of Nepean Hospital be received.

2.     Council note the information.

 

 


 

3        Tenison Avenue & Coronation Grove, Cambridge Gardens - Proposed Provision of "Give Way" Signage & Associated Linemarking                                                           

RECOMMENDED

That:

1.     The information contained in the report on Tenison Avenue & Coronation Grove, Cambridge Gardens – Proposed Provision of “Give Way” Signage & Associated Linemarking be received.

2.     “Give Way” signage and associated linemarking be provided in Coronation Grove, at its intersection with Tenison Avenue, Cambridge Gardens, as shown on Appendix 1.

3.     “Changed Traffic Conditions” signage be installed post-installation in Coronation Grove, Cambridge Gardens.

4.     Residents in Coronation Grove, Cambridge Gardens be advised of Council’s resolution.

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

 

 

4        DEFQON.1 Music Festival - Sydney International Regatta Centre on Saturday 20 September 2014                                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on DEFQON.1 Music Festival - Sydney International Regatta Centre on Saturday 20 September 2014  be received.

2.     The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services’ Guidelines for Special Events Version 3.4 August 2006, for the DEFQON.1 Music Festival to be held on Saturday 20 September 2014 be endorsed, subject to the following conditions:

(a)     The event applicant be 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.

(b)     Approval be given for the temporary closures of roads listed in the Traffic Management Plan, subject to Roads and Maritime Services approval as required.

(c)     A Traffic Management Plan including a Risk Management Plan 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.

(d)     A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

(e)     The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved 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.

(f)     The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(g)     The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c.

(h)     The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed.

(i)      The event organiser notify the Ambulance Service of NSW and fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event.

(j)      The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(k)     Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.  Temporary mini-loop bus service stops on public roads shall be approved by the Roads and Maritime Services.  In addition, lighting at these bus stops must be for pedestrian purposes and not affect drivers’ vision on adjacent public roads.  All proposed bus stops shall have appropriate facilities for people with disabilities.

(l)      The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(m)   The event applicant shall ensure that participants obey road rules and Police directions during the event.

(n)     Council reserves the right to cancel this approval at any time.

3.    The event organisers be advised of Council’s resolution.

 

 

5        Twin Creeks Drive, Luddenham - Proposed Amendments to "No Standing" Restrictions                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Twin Creeks Drive, Luddenham - Proposed Amendments to "No Standing" Restrictions be received.

2.     The redundant “No Standing” signs on Twin Creeks Drive, Luddenham be replaced with “No Stopping” restrictions for an approximate distance of 36m on the eastern side of Twin Creeks Drive and 52m on the western side of Twin Creeks Drive, as shown in Appendix 1.

3.     Twin Creeks Golf Club be advised of Council’s resolution.

4.     Council’s Rangers be advised of Council’s resolution and the locations of the new restrictions once installed.

 

 

6        Jamison Road, Penrith - Proposed Installation of Bus Zone                                      

RECOMMENDED

That:

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

2.     A 30m bus zone be installed on Jamison Road, Penrith, starting approximately 70m west of McNaughton Street, as shown in Appendix 1.

3.     A Disability Discrimination Act compliant concrete bus slab be installed within the easternmost section of the proposed bus zone, east of the electric light pole, as shown in Appendix 1.

4.     The adjoining property owners be advised of Council’s resolution.

5.     Busways be advised of Council’s resolution.

6.     Mrs Tanya Davies MP Member for Mulgoa and the resident be advised of Council’s resolution.

7.     The provision of “Give Way” signage and/or linemarking at the intersection of Jamison Road and McNaughton Street, Penrith be investigated.

 

 

7        Shepherd Street, Colyton - Proposed Provision of "No Stopping" Signage at Intersection                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Shepherd Street, Colyton - Proposed Provision of "No Stopping" Signage at Intersection be received.

2.     “No Stopping” restrictions be implemented for approximately 18.5m, in an easterly direction, from the intersection with Orchard Road, on the southern side of Shepherd Street, Colyton, as shown in Appendix 1.

3.     “No Stopping” restrictions be signposted for 10.0m, from the intersection with Shepherd Street, on the eastern and western sides of Orchard Road, Colyton, as shown in Appendix 1.

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

 

 

8        Timesweep Drive, St Clair - Proposed Changes to Public Car Park                          

LTC Comment

The Committee noted that there are currently three dedicated staff parking spaces in the Autumnleaf Neighbourhood Centre car park, which were included in the recommendation, and requested that these spaces remain as all-day parking or that appropriate arrangements be made to meet the needs of the Centre.

 

RECOMMENDED

That:

1.     The information contained in the report on Timesweep Drive, St Clair - Proposed Changes to Public Car Park be received.

2.     “3P 8:30am-6:00pm Mon-Fri” parking restrictions be implemented for 15 spaces in the Autumnleaf Neighbourhood Centre car park in Timesweep Drive, St Clair.

3.     A “Conditions of Entry” sign be installed at the entrance to the Autumnleaf Neighbourhood Centre car park on Timesweep Drive, St Clair.

4.     Council’s Public Domain Amenity and Safety Department be advised of Council’s resolution and be requested to fund the cost of provision and installation of the signage.

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

6.     A “Council Authorised Vehicles Excepted” condition be provided for the three dedicated staff parking spaces in the Autumnleaf Neighbourhood Centre car park on Timesweep Drive, St Clair.

 

 

 

GENERAL BUSINESS

 

GB 1          Fragar Road, Penrith – Proposed Relocation of Bus Stop  (Raised Council) 

Council’s Traffic Section has received concerns regarding the location of the bus stop on the eastern kerb of Fragar Road, Penrith, near Tania Avenue.  Council officers investigated the site and noted the poor sight distances created by the close proximity of the bus stop to the nearest side road, being Tania Avenue.  It was also noted that the bus stop is currently located on a crest, which creates visibility issues beyond the crest for bus drivers and other road users.

 

As such, Council is seeking to relocate the bus stop post and flag 10m north to a position 22m north of Tania Avenue, thereby providing improved sight distances for vehicles entering Fragar Road from Tania Avenue.  Busways advised Council that the bus stop is well patronised with school students and elderly passengers, compared to other bus stops in the vicinity, and Busways support the proposed changes in the interest of retaining this bus stop.

 

 

 

The Disability Discrimination Act (DDA) requires that all new bus stops are supported by a concrete slab, tactile markers and pedestrian connectivity, as a minimum.  The relocation of existing bus stops is subject to these conditions.  As such, Council will condition a DDA compliant concrete bus slab connected to the existing footpath, offset just north of the proposed relocation point of the bus stop post and flag.

 

Consultation for the relocation is not required, as there will be no loss of on-street parking.  Under the Australian Road Rules, a driver (except the driver of a public bus) must not stop at a bus stop, or on the road, within 20m before a sign on the road that indicates a bus stop, and 10m after the sign.  Furthermore, a driver must not stop within 10m of the approach of an unsignalised intersection.  Currently, vehicles cannot stop between Tania Avenue and the driveway providing access to 114 Fragar Road.  The proposed changes will extend the “No Stopping” restrictions imposed by the bus stop 2m north of the driveway providing access to 114 Fragar Road, however these changes will not affect available on-street parking spaces.

 

RECOMMENDED

 

LTC 78  That:

1. The information contained in the report on Fragar Road, Penrith – Proposed Relocation of Bus Stop be received.

2.  The existing bus stop on the eastern kerb of Fragar Road, Penrith, near Tania Avenue, be relocated 10m north to a position 22m north of Tania Avenue.

3.  A Disability Discrimination Act compliant concrete bus slab be installed at the relocated bus stop, to be funded from Council’s 2014/15 Bus Shelter budget.

4.  Residents of 114 and 116 Fragar Road, Penrith be advised of Council’s resolution.

5.  Busways be advised of Council’s resolution and be advised when physical works have been completed by Council.

 

 

GB 2          High Street & Lawson Street, Penrith – Proposed Relocation of “Bus Zone”, Provision of “No Parking – Vehicles With Applicants for Driving Tests Excepted” Zone & Adjustment of “1 Hour Parking” Zone to “1/2 Parking” Zone (Raised Council)                

A Service NSW Centre is proposed to open to the public at 333-357 High Street, Penrith on 20 June 2014.  The services will offer customers more than 850 transactions, most notably those provided at Roads and Maritime Services (RMS), Fair Trading and Birth, Deaths and Marriages.  The RMS services will include light motor vehicle driver testing. Service NSW have requested that the “Bus Zone” located fronting 333-357 High Street be relocated and replaced with a “No Parking - Vehicles with Applicants for Driving Tests Excepted” zone.  This type of zone is currently in place in streets fronting other RMS motor registries including Merrylands, Chatswood, Castle Hill, Mount Druitt, Ingleburn, Narellan, and Richmond.  It is also requested that “Half Hour Parking” be provided nearby to allow for improved turnover of parking for the customers generated by the Service Centre.

 

Lawson Street is a local road, approximately 12m wide, which runs south-north between High Street and Belmore Street.  There is a 14, long “Loading Zone” to allow deliveries to a hotel located on the corner, followed by a 29m long “No Stopping” zone extending to the laneway.  It is proposed to locate the “Bus Zone” (16m length) within the current “No Stopping” zone at the approach to the “Loading Zone”.  The length of the “Bus Zone” is sufficient due to the remaining 13m of “No Stopping” restrictions prior to the proposed “Bus Zone”, which can be used as a draw-in length.  Bus operators (Busways) have been consulted and have agreed to this relocation.

 

The existing 17m long “Bus Zone” in High Street is proposed to be replaced with a 21m long “No Parking - Vehicles with Applicants for Driving Tests Excepted 8:00am-5:30pm Mon-Fri” restrictions and be extended by 4m at its approach.  This will still allow more than the required minimum of 20m of “No Stopping” restrictions from this point to the traffic signals at Lawson Street.

 

The existing 20m long “1 Hour Parking” zone bay, between the existing “Bus Zone” and the traffic calming device to the east, is proposed to be adjusted to a “Half Hour Parking” zone to allow better turnover of parking for customers that will be generated by the Service Centre.

 

LTC Comment

The Committee noted that the Disability Discrimination Act (DDA) requires that all new bus stops are supported by a concrete boarding pad, tactile markers and pedestrian connectivity, as a minimum.  The relocation of this existing bus stop is subject to these conditions.  As such, Council will provide a DDA compliant concrete bus boarding pad and tactile markers connected to the existing footpath at the bus boarding point of the proposed “Bus Zone”.

 

The Committee noted that the existing 20m long “1 Hour Parking 8:30am–6:00pm Mon–Fri & 8:30am–12:30pm Sat” zone, in the bay between the existing “Bus Zone” and the traffic calming device to the east fronting number 331 High Street, is proposed to be adjusted to a “1/2 Hour Parking 8:30am–6:00pm Mon–Fri & 8:30am–12:30pm Sat” zone to allow better turnover of parking for customers that will be generated by the Service NSW Centre and other nearby businesses.

 

RECOMMENDED

 

That:

 

1.   The information contained in the report on High Street & Lawson Street, Penrith – Proposed Relocation of “Bus Zone, Provision of “No Parking – Vehicles with Applicants for Driving Tests Excepted” Zone & Adjustment of “1 Hour Parking” Zone  to “Half Hour Parking” Zone be received.

2.   A “Bus Zone” be implemented in Lawson Street, Penrith, fronting property number 359, as shown in Appendix 1.

3.   A “No Parking - Vehicles with Applicants for Driving Tests Excepted 8:00am–5:30pm Mon–Fri” zone be implemented in High Street, Penrith, fronting property number 333-357, as shown in Appendix 1.

4.   The “1 Hour Parking” Zone in High Street, Penrith, fronting property number 333-357, be adjusted to “Half Hour Parking” zone, as shown in Appendix 1.

5.   Service NSW, Busways and the affected property owners be advised of Council’s resolution.

 


 

GB 3          Evan Street, Penrith – Request for Modifications to Right-Turn Lane  (Raised Councillor Marcus Cornish)                                                                                                      

Councillor Marcus Cornish raised concerns about confusion in Evan Street, Penrith, for north bound drivers turning right into Henry Street, due to not enough pavement right-turn arrows to indicate a right-turn only lane.  Councillor Marcus Cornish requested that, as a short-term measure, pavement arrows be painted further up Evan Street to give drivers more notice of the right-turn only lane.

Councillor Marcus Cornish further requested that, as a longer-term measure, a right-turn ban be implemented from Evan Street into Henry Street, Penrith, during peak traffic times.

 

RECOMMENDED

That the matter be investigated.

 

 

GB 4          Busways – Implementation of New Timetables on the Region 1 Network  (Raised Busways) 

The Busways representative advised that new timetables will be implemented for the Region 1 network (ie, Blacktown and Penrith areas) on Sunday, 18 May 2014, along with the commencement of Route 794 into Glenmore Park.  The Busways representative advised that there will be no changes to weekend timetables, and that notices will be posted in all buses, on the Busways website, and in local newspapers, advising of the timetable changes.

 

RECOMMENDED

That the information be noted.

 

GB 5          Bringelly Road, Kingswood – Removal of “Bus Stop” Flag Sign  (Raised Busways)                  

The Busways representative advised that the “Bus Stop” flag sign continues to be removed by persons unknown at the bus stop on Bringelly Road, near The Northern Road at Kingswood (outside the medical centre).  Busways will again replace the flag and, as an additional measure, will also stencil “Bus Stop” on the kerb.

 

RECOMMENDED

That the information be noted.

 

 

There being no further business the Chairperson declared the meeting closed, the time being 10:15am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 May, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                                    26 May 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 12 May, 2014

 

 

 

PRESENT

Councillors Prue Car, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Michelle Tormey and John Thain.

 

The General Manager, Alan Stoneham indicated that in the absence of His Worship the Mayor, Councillor Ross Fowler OAM and Deputy Mayor, Councillor Jim Aitken OAM that the Committee would be required to nominate and elect a Chairperson.

 

Procedural Motion


Councillor Greg Davies nominated Councillor John Thain to Chair the Policy Review Committee meeting.

 

Councillor John Thain was elected to Chair the Policy Review Committee meeting.

 

Councillor John Thain took the Chair, the time being 7:03pm.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 10 May 2014 to 23 May 2014 inclusive.

Leave of Absence was previously granted to Councillor Karen McKeown for the period 8 May 2014 to 11 June 2014 inclusive.

Leave of Absence was previously granted to Councillor Ross Fowler OAM for the period 10 May 2014 to 21 May 2014 inclusive.

APOLOGIES

Apologies were received for Councillors Kevin Crameri OAM, Bernard Bratusa and Mark Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 April 2014

The minutes of the Policy Review Committee Meeting of 14 April 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – Domestic Asbestos Disposal as he holds an Asbestos Removal Licence. Councillor Goldfinch indicated he would stay in the room for consideration of this item.

 


DELIVERY PROGRAM REPORTS

 

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

 

3        All Weather Athletics Track

Recreation Manager, Andrew Robinson introduced the report and invited Crosbie Lorimer, Director from Clouston Associates to give a presentation.  

RECOMMENDED

That:

1.     The information contained in the report on All Weather Athletics Track be received.

2.     South Creek Park, incorporating Blair Oval, become the preferred location for an all weather athletics track in the City.

3.     Detailed designs for the development of a district level athletics facility, incorporating an all weather athletics track at Blair Oval, South Creek Park be developed.

4.     Funding opportunities to deliver the project, including current and potential future District Open Space S94 Developer Contributions, as well as grant funding are investigated.

5.     A detailed Business Plan be developed covering on going maintenance costs and potential revenue raising capabilities.

 

Outcome 5 - We care about our environment

 

2        Domestic Asbestos Disposal  

Waste and Community Protection Manager, Tracy Chalk introduced the report and invited Council’s Waste Education Officer, Sarah Callus to give a presentation.                                                   

RECOMMENDED

That:

1.     The information contained in the report on Domestic Asbestos Disposal be received.

2.     The Waste & Community Protection Manager be authorised to proceed with the Western Sydney Residential Asbestos Disposal Trial in conjunction with the Environment Protection Authority and participating Western Sydney Regional Organisation of Councils.

 

Outcome 4 - We have safe, vibrant places

 

1        Trial Triangle Park Penrith, Mid Term Evaluation Report                                           

RECOMMENDED

That:

1.     The information contained in the report on Trial Triangle Park Penrith, Mid Term Evaluation Report be received.

2.     The western end of the park remain closed to traffic.

3.     The eastern end of the park is to be reconfigured for the re-introduction of parking and use for special events.

4.     The trial period is extended until March 2015 and at that time a final evaluation report on the performance of the Trial Triangle Park be submitted to Council.

 

There being no further business the Chairperson declared the meeting closed the time being 8:11pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 May, 2014 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 2 - We plan for our future growth

 

1        Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith   Applicant: GJ Gardner Homes;  Owner: ~Tracy Davidson

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

 

Outcome 3 - We can get around the City

 

2        High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park                                                                                                                                  13

 

Outcome 4 - We have safe, vibrant places

 

3        Brothels, Massage and Tattoo Parlours in St Marys                                                        19

 

4        Naming of a Park on Hickson Circuit, Caddens                                                              21

 

 

Outcome 5 - We care about our environment

 

5        South Creek Flood Study                                                                                                 25

 

6        Update on Western Sydney Regional Odour Investigation                                             28

 

 

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

 

7        Repeal of Section 18C of the Racial Discrimination Act                                                 33

 

Outcome 7 - We have confidence in our Council

 

8        Proposed Permanent Closure of Kokoda Place (Court), St Marys                                 41

 

9        Organisation Performance Report - March 2014                                                            45

 

10      Impact of repeal of Carbon Price                                                                                     51

 

11      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015                                                                                                                                           55

 

12      Amendment to the Council's 2014 Meeting Calendar                                                     58

 

13      RFT1314-12 Auditing Services                                                                                        61

 

14      Summary of Investments for the period of 1st April - 30th April 2014                            66

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith  Applicant: GJ Gardner Homes;  Owner: ~Tracy Davidson

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

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

1

Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith  Applicant:  GJ Gardner Homes;  Owner:  Tracy Davidson   

 

Compiled by:               Jane Hetherington, Graduate Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Facilitate quality development that contributes to a growing regional City

     

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

 

Executive Summary

Council is in receipt of a development application for the construction of an attached dual occupancy at the corner of Taloma Street and Jamison Road, South Penrith. The proposal involves the demolition of the existing single storey dwelling and the construction of a two storey attached dual occupancy and strata subdivision.

 

The application seeks to vary the development standards of 6 metres for a rear setback and 650m² minimum lot area for an attached dual occupancy as required by Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998). The rear boundary setback for the new dwelling (as measured from the eastern boundary) is 4.07 metres and the subject lot has an area of 649.5m². The application is supported by an objection to the development standards under State Environmental Planning Policy No. 1 (SEPP 1). 

 

In accordance with the reporting procedures required by the Department of Planning, the matter is forwarded to Council for determination as the rear setback variation proposed is in excess of 25%. The report recommends that the SEPP 1 objection be supported and the development application be approved, subject to conditions.

Background

A pre-lodgement meeting was not held for the lodgement of this DA.

 

On 17 December 2013, GJ Gardner Homes lodged the subject application with Council. A preliminary assessment of the application identified several issues with the development and in response the applicant lodged amended plans and a SEPP 1 variation to the rear setback and minimum lot area control.  

Site and Surrounds

The site is located on the south-west corner of Taloma Street and Jamison Road, South Penrith (see Locality Plan – Appendix No. 1). The site has a 28 metre frontage to Taloma Street and a 14 metre frontage to Jamison Road, with a 9.4 metre splay corner at the intersection of these frontages. The site has a total area of 649.5m².

 

The site currently contains a single storey clad dwelling with detached carport, garage and metal shed. There are a number of small trees on the site, five of which are proposed to be removed. Development in the area is predominantly low density residential consisting of a combination of single and two-storey dwellings. Penrith South Public School is located approximately 40 metres west of the subject site.

 

The site is relatively flat.

The proposed development

The proposed development includes:

 

·     Demolition of existing single storey clad dwelling, detached carport, garage and shed.

 

·     Construction of a two storey attached dual occupancy. Unit A orientates to Taloma Street and Unit B orientates to Jamison Road. Each unit contains four bedrooms and two bathrooms with an internal laundry which features through access to the private open space. The dwellings will each have a double lock up garage with access via Taloma Street.

 

·     Strata subdivision into 2 lots.

 

·     Removal of 5 existing trees and plants from the site.

 

·     Related landscaping and stormwater drainage works.

 

The Development Application has been accompanied by the following related documents:

 

·     Architectural Plans – Marretta Design Lifestyle Designers (Attachments 2-6)

·     Landscape Plan – PDLA Landscape Architects (Attachment 7)

·     Statement of Environmental Effects

·     Waste Management Plan

·     BASIX Certificate

·     Schedule of External Finishes

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following issues have been identified for further consideration.

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

State Environmental Planning Policy No.1 – Development Standards (SEPP 1)

The proposed development does not comply with Council’s development standards relating to the minimum standard lot area and rear setback of the site. In this regard, Clause 11(3) of Penrith Local Environmental Plan (LEP) 1998 (Urban Land) stipulates that in the 2(b) Residential (Low Density) zone the minimum standard lot area for an attached dual occupancy is 650m² and Clause 12(4) stipulates that the minimum rear setback of a building is 6m. The subject lot is 649.5m² and the proposed development provides a rear setback of 4.07m, representing proposed variations from the relevant development standards of 0.1% and 32% respectively.

 

The applicant has accompanied the application with a written objection to the development standards contained in Clause 12(3) and 12(4) of Penrith LEP 1998 (Urban Land) under the provisions of State Environmental Planning Policy No.1 – Development Standards (SEPP 1). SEPP 1 enables councils to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

 

Section 4(1) of the Environmental Planning and Assessment 1979 defines development standard as follows:

 

Development standards means provisions of an environmental planning instrument or the regulations in relation to the carrying out of development, being provisions by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including, but without limiting the generality of the foregoing, requirements or standards in respect of:

 

a)   The area, shape or frontage of any land, the dimensions of any land, building or works, or the distance of any land, building or work from any specified point,..

 

Based on this definition, it is considered that Council’s requirements relating to minimum lot size and minimum rear setback can be categorised as development standards. Council is therefore able to consider the SEPP 1 objection submitted by the applicant.

 

Rear setback

A SEPP 1 objection has been lodged in relation to the provisions of Clause 12 of Penrith LEP (Urban Land) 1998, and in particular Clause 12(4)(a) which states:

 

“The council must not grant consent to development that involves the erection of a building unless: that building is set back at least 6 metres from the rear boundary of the site or, in the case of a single storey building in Zone No. 2(a), 2(b), 2(c), 2(d) or 2(e), at least 4 metres from the rear boundary of the site”

Clause 12(4) indicates that within the 2(b) zone, a minimum rear setback of 6m is required for two storey buildings. In this instance the proposed rear setback is 4.07m to the ground floor and 6m to the first floor. 

The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum rear setback (6m) in the 2(b) Residential (Low Density) zone is reproduced below: 

 

It is considered that the proposed development is able to achieve the objectives of the rear setback control despite the numerical non-compliance for the following reasons:

 

-     The area of non-compliance relates to the master bedroom and laundry of each dwelling only. This area provides for raised window sill heights to prevent overlooking of the adjoining dwelling to the west. Every window within the rear elevation is provided with a raised sill height for this purpose;

 

-     The rear yard will continue to provide a minimum Private Open Space (POS) corridor width of 4m, in keeping with the single storey requirements.The proposed development does not interrupt any continuous corridor due to the irregular subdivision pattern surrounding the site;

 

-     The reduced rear setback will not impact upon the amenity of the dwellings occupants as a 4m x 16m (approx.) rear yard, in addition to the alfresco area and side courtyards is considered to be a significant area for each dwelling within a dual occupancy development;

 

-     The overall built form is not considered to be excessive and will provide a high degree of articulation, particularly with the increased setbacks to first floor level. The dwellings are of a modest size and will not have an excessive visual bulk as viewed from the street or the adjoining properties;

 

-     The reduced rear setback will not result in excessive overshadowing as the variation relates to the ground floor only and this area maintains a setback in keeping with Council’s requirements for a single storey dwelling;

 

-     No views of an intrinsic value will be lost or gained by the proposed development.

 

In the particular circumstances of this allotment, it is considered that strict compliance with the rear setback requirement of Penrith Local Environmental Plan 1998 (Urban Land) is unreasonable and unnecessary as the development can achieve the objectives of the control despite the non-compliance.”

 

In accordance with Clause 7 of SEPP 1, it is considered the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3 in that compliance with the standard would be unreasonable and unnecessary. Whilst it is not accepted that the dwellings are of a modest size, appropriate separation has been achieved between the proposed buildings and the adjoining properties.

 

The non-compliance is only applicable to the ground floor component of the dwellings with the first floor setback to comply with the 6m requirement. As a result, the development maintains privacy and amenity for adjoining properties. A shadow diagram has been submitted with the application indicating that there will be minimal impact on adjoining properties in terms of overshadowing.

 

The proposed 4.07m rear setback allows for a landscaped corridor along the rear fence and provides sufficient private open space for each dwelling.  

 

The non-compliance does not compromise the intent of the development standard. The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed rear setback would be unreasonable and unnecessary in the circumstances of the case.

 

Minimum Lot Area 

The applicant’s SEPP 1 objection in relation to the non-compliance with the minimum lot area (650m²) for an attached dual occupancy in the 2(b) Residential (Low Density) zone is reproduced below: 

 

          “The objectives of this Clause are as follows:

 

a)   Prescribe minimum lot areas and lot widths for certain development in Zones Nos. 2(a1), 2(a), 2(b), 2(c), 2(d) and 2(e) that will:

i)          Allow development that promotes housing choice, and

ii)         Preserve available development potential for multi-unit housing, and

iii)         Achieve an appropriate separation between buildings and site boundaries, and

 

b)   Preserve the amenity of internal residential lots by limiting dual occupancy development to standard lots only.

 

To the extent that the purpose of the standard is to ensure adequate site provision in order to address the factors of bulk and scale, neighbour amenity, overshadowing and privacy it is submitted that the proposed development meets the underlying objectives of the development standards:

 

1.   Every effort has been made to ensure the proposal, as submitted will maintain to some degree the amenity and compatibility with the character of the encircling residential area.

2.   The existing streetscape consists of a significant blend of double storey developments and single lot, single storey dwellings.

3.   An analysis of the surrounding area has revealed no evidence to suggest that a precedent will be established by supporting the subject proposal as the minor square metre non compliance is of little concern.

4.   The proposal complies with the objectives of the DCP particularly with regard to limiting the visual bulk of the proposal when viewed from, the street therefore the proposal does not constitute an over development of the site. The corner is clearly addressed with ample articulation.

 

The objections to Clause 11.3 (site controls for dual occupancy and multi unit housing development) – Penrith LEP 1998 are well founded for the following reasons:

 

-     The development is appropriate in this location;

-     The development does not undermine the underlying objectives of the standards;

-     The non-compliance does not result in any significant adverse environmental impacts on the amenity of the surrounding area in general, or on the amenity of nearby residential properties in particular; and

-     The scale of the proposal, notwithstanding the non-compliance, is compatible with surrounding development.”

 

In accordance with Clause 7 of SEPP 1, it is considered the applicant’s objection is well founded and is consistent with the aims of the SEPP outlined in Clause 3 in that compliance with the standard would be unreasonable and unnecessary. The extent of the non-compliance is minimal (0.5m²) and will not impact on the proposal meeting the objectives of the development standard. In this regard, appropriate separation has been achieved between the proposed buildings and adjoining properties and the proposal is compatible with existing housing in the surrounding locality. The proposal will have a minimal impact on adjoining properties in terms of loss of privacy and views.

 

In summary, the SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum lot area would be unreasonable and unnecessary in the circumstances of the case.

 

State Regional Environmental Plan No. 20 – Hawkesbury- Nepean River (SREP 20)

The development has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. The proposal has satisfied the considerations under SREP 20.

 

 

 

 

 

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

The subject site is zoned 2(b) Residential (Low Density) under the provisions of LEP 1998. Dual occupancy development is permissible in the zone with development consent. The relevant sections of LEP 1998 are discussed in turn below.

 

 

Standard

Proposed

Compliance

Clause 11

Minimum allotment size

650m² for attached dual occupancy

649.5m²

No. SEPP 1 application submitted. See previous discussion

Clause 12(3)

Building Envelope

1.8 metres at side boundary with 45 angle inwards

The building is wholly contained within the building envelope

Yes

Clause 12(3)

Maximum external wall height

6.5 metres

5 metres

Yes

Clause 12(3) Landscaping

50%

51%

Yes.

Clause 12(4) Rear setback

6 metres

4.07 metres

No. SEPP 1 application submitted. See previous discussion in this report

 

 

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

Penrith Development Control Plan 2006

Penrith Development Control Plan (DCP) 2006 Part 4 Section 4.3 – Dual Occupancy is applicable to the site. The following matters for the DCP are noted for discussion.

 

Rear Setbacks

The requirements for rear setbacks contained in DCP 2006 are consistent with those contained in Penrith LEP 1998 (Urban Land). Commentary on this non-compliance has been provided previously in this report.

 

Corner Sites & Frontages

The development is located on a corner site. DCP 2006 provides controls relating to corner sites and frontages. The development complies with the relevant controls for attached dual occupancy’s on corner lots in regards to:

-     Front setbacks: 5.6 metres to Taloma Street and 4.1 metres to Jamison Road which is the secondary street frontage;

-     Fencing: fencing forward of the building line is of open style design, while the provision of 1.8m high internal fencing maximises privacy internally and to adjoining properties;

-     Streetscape, dwelling orientation and visual appearance: the provision of high quality construction materials of varying schedules and colour selections is provided. 

 

 

 

 

 

 

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

Context and Setting

The proposal is consistent with the existing character of other development in the locality.

 

The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area.

 

The proposal will have no adverse impacts on the natural environment.

 

Access, Parking and Traffic

The development satisfies Council’s requirements for the provision of car parking and traffic generated by the development can be accommodated by the capacity of the road system in the locality.

 

The proposal provides two driveways for each unit off Taloma Street. The development provides adequate distance from the intersection of Jamison Road and Taloma Street to the driveways and does not pose adverse impacts on the safety or manoeuvrability of vehicles.

 

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

The site attributes are conducive to the development proposal. The proposal has been designed in a manner consistent with the character of the locality and this corner site provides for any attached dual occupancy with alternate street presentation and secondary road access.

 

The site is not identified as bushfire prone, flood prone, or as containing any significant vegetation.  For these reasons the site is suitable for the proposed development. 

 

5. 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

Building Surveyor

No objection, subject to conditions.

Development Engineer

No objection, Subject to conditions

 

(ii)        Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, this application was notified to nearby owners and occupiers of adjoining properties who were invited to inspect the proposal from 23 December 2013 to 20 January 2014. Council notified ten (10) residences in the area and received no submissions in response.

 

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

 

The proposal provides a development that is compatible with the existing streetscape, with no adverse impacts on the amenity of the area. Whilst the application seeks to vary the minimum development standard for a rear boundary setback, it has been demonstrated that this requirement is unreasonable and unnecessary in the circumstances of the case. The development will provide for additional housing in the area and is of public interest.

 

Section 94 Contributions

 

The following Section 94 Contribution Plans apply to the proposal and the calculations are below:

 

-     Penrith City Council Development Contributions Plan Cultural Facilities

-     Penrith City District Open Space Facilities Development Contributions Plan

-     Penrith City Local Open Space Development Contributions Plan

 

 

S.94 Contribution Plan

Contribution Rate (per person) x Calculation rate

Total

Cultural Facilities

3 x $133

$399

District Open Space

3.1 x $1,797

$5,571

Local Open Space

3.1 x $650

$2,015

 

Net Total

$7,985.00

 

Conclusion

The proposed development has been designed with regard to individual street frontages and provides a positive contribution to the existing streetscape in both Jamison Road and Taloma Street. The development satisfies the provision of the relevant planning documents, with appropriate justification being provided for departures from the rear setback and minimum standard lot area requirements. The objection to these development standards under SEPP 1 has demonstrated that compliance with these standards is unreasonable and unnecessary in the circumstances of the case.

 

The development provides for additional variety in housing choice in the locality and no unreasonable adverse impacts will arise from the development. No submissions were received in response to the community consultation and it has been demonstrated that the site is suitable for the proposed development.

 

In light if these facts, it is recommended that the SEPP 1 objection be supported and that the development application be approved subject to the attached conditions.



RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith be received.

2.    The State Environmental Planning Policy No. 1 objections to the 6 metre rear set back and the 650m² minimum lot area be supported for the reasons outlined in this report.

3.    Development Application DA13/1466 for the demolition of existing dwelling and construction of attached dual occupancy and strata subdivision at Lot 24 DP29891 (No. 166 Jamison Road, South Penrith) be approved subject to the following conditions:

3.1    Standard Conditions       

                   A001           Approved plans

                   A008           Works to BCA requirements

                   A009           Residential works DCP

                   A019           Occupation Certificate

                   A046           Issue of Construction Certificate

                   B002           Demolition and disposal to approved landfill site

                   B003           Asbestos

                   B004           Dust

                   B005           Mud/Soil

                   B006           Hours of work

                   D001          Sedimentation and Erosion Controls

                   D009          Covering Waste Storage area

                   D010          Appropriate disposal of excavated or other waste

                   E001           BCA Compliance

                   E005           Smoke detectors-interconnect       

                   G003          Section 73 – Sydney Water

                   G004          Integral energy

                   G005          Rainwater tank – plumbing

                   H001          Stamped plans and erection of site notice

                   H002          All forms of construction

                   H014          Slabs/footings

                   H015          Termites

                   H039          Rainwater tank pumps

                   H041          Hours of work (other devt)

                   K016           Stormwater

                   K202           Roads Act (Minor Roadworks)

                   K208           Stormwater discharge (Minor Development)

                   K221           Access, Car Parking and Manoeuvring

                   K501           Roads Authority clearance

                   L001           Approved landscaping plans

                   L002           Landscape Construction

                   L003           Landscaping Report Requirements

                   L006           Australian Standard landscaping requirements

                   L008           Tree preservation order

                   M008                   Linen plan

                   N001          Section 94 Contributions (Cultural Facilities)

                   N003          Section 94 Contributions (District Open Space)

                   N004          Section 94 Contributions (Local Open Space)

                   P001           Costs

                   P002           Fees associated with Council land

                   Q01F                   Notice of Commencement & appointment of PCA

                   Q05F                   Occupation Certificate

                   3.2 Special Conditions

                                      3.2.1           All fencing visible from the street is to be a maximum                                                         height of 1.2 metres and of open style design.

 

 

ATTACHMENTS/APPENDICES

1.  

DA13/1466 - Locality Plan

1 Page

Attachments Included

2.  

DA13/1466 - Site Plan

1 Page

Attachments Included

3.  

DA13/1466 - Front and Rear Elevations

1 Page

Attachments Included

4.  

DA13/1466 - Left and Right Elevations

1 Page

Attachments Included

5.  

DA13/1466 - First Floor Plan

1 Page

Attachments Included

6.  

DA13/1466 - Ground Floor Plan

1 Page

Attachments Included

7.  

DA13/1466 - Landscape Plan

1 Page

Attachments Included

   


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

2        High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park                                                                                                                                  13

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

2

High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park   

 

Compiled by:               Graham Green, Senior Traffic Engineer

David Drozd, Senior Traffic Engineer

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Advocate and provide advice on all modes of transport services, parking and facilities

      

 

Executive Summary

The purpose of this report is to consider changes to parking restrictions in High Street, Penrith within the area known as “Triangle Park”. The report recommends that Council adopt the recommended parking changes.

 

This matter has been discussed at Local Traffic Committee and in-principle support provided. Due to project timetables, this matter is presented directly to Council.

 

Current Situation

The mid-term evaluation of “Triangle Park” has resulted in this proposal for the provision of additional car parking in a section of “Triangle Park” in High Street, to the west of Riley Street, Penrith. It is proposed to adjust the existing painted, sealed area of “Triangle Park” located to the west of Riley Street to provide a car park (as shown on Appendix 1).

 

The car park and adjustments are proposed to comprise:

·    Eight spaces at 90 degrees to the southern kerbside, of which seven spaces are to be restricted to “½ Hour Parking 8:30am - 6:00pm Mon - Fri and 8:30am -12:30pm Sat”, which is in line with the other nearby timed parking; and one space is to be “Disabled Parking”;

·    A two-way access aisle from a painted driveway off the intersection of High Street and Riley Street, along the northern kerbside to a turnaround area at its western end which is suitable for cars and delivery vehicles;

·    An 8m long “No Parking” zone along the southern kerb of High Street, opposite Riley Street, to allow drop off or pick up of goods or passengers to this area;

·    “No Stopping” zones along the car park northern kerb line and end of the car park to keep these areas clear for access and turning;

·    Left-turn pavement arrow and “Give Way” sign and lines at the exit of the car park; and

·    Additional “One Way” sign and “No Entry” sign at Riley Street and High Street to ensure that all traffic from the car park turns left along the one-way in Riley Street.

The car park and adjustments will be included in the six month and twelve month reviews of traffic and pedestrian arrangements at intersections around Triangle Park associated with the closure of High Street. These reviews will be reported through the Local Traffic Committee to Council.

Originally the “Triangle Park” trial period was to end in October 2014, however Council has resolved to extend the trial and consider a final evaluation report in March 2015. The proposed traffic and signage regulations will be in place for the extended trial period.

 

The Council’s Local Traffic Committee representatives have been consulted and support the proposed car park and adjustments.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park be received.

2.     Consultation be conducted with affected businesses in High Street, Penrith, between Riley Street and Henry Street, and any substantial objection be referred to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, the “Triangle Park” Car Park, with seven angled parking spaces “1/2 Hour Parking 8:30am - 6:00pm Mon - Fri and 8:30am - 12:30pm Sat”, one angled “Disabled Parking” space, two-way aisle, “No Parking” zone, “No Stopping” zones, “Give Way” sign and linemarking, painted driveway, median with double centre lines, left-turn pavement arrow, “One Way” sign and “No Entry” sign, be implemented in High Street, Penrith, as shown on Appendix 1.

 

 

 

ATTACHMENTS/APPENDICES

1.  

High Street, Penrith - Proposed Triangle Park Car Park

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  26 May 2014

Appendix 1 - High Street, Penrith - Proposed Triangle Park Car Park

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

3        Brothels, Massage and Tattoo Parlours in St Marys                                                        19

 

4        Naming of a Park on Hickson Circuit, Caddens                                                              21

 

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

3

Brothels, Massage and Tattoo Parlours in St Marys   

 

Compiled by:               Tracy Chalk, Waste and Community Protection Manager

Kristy Stanford, Team Leader - Health

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

Requested By:            Councillor Marcus Cornish

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Protect public lands and community facilities, and enforce compliance

      

 

Executive Summary

At Council’s Ordinary Meeting of 24 March 2014, Councillor Marcus Cornish requested a report on the number of legal and illegal brothels, massage parlours and tattoo parlours in St Marys with information on how often Council checks compliance of these establishments.

 

In NSW, sex services premises are legal and only require Council planning approval. Advertising is prohibited. Tattoo premises are regulated under the Public Health Regulation 2012.

 

Brothels and restricted premises are considered to be a land use that is only permitted in areas identified in Council's Local Environment Plan 2010 and for which development approval must be obtained. Premises existing prior to 2010 were considered commercial premises and did not require consent under Penrith Planning Scheme.  Like any other land use, there is a right of appeal against a Council's determination of a development application to the Land and Environment Court. 

 

Penrith’s Local Government Area has a number of brothels/massage parlours and tattoo premises in St Marys, Penrith and surrounds. 

 

This report provides information as to the compliance actions taken by Council in relation to brothels and tattoo parlours.

 

Background

In light of the Wood Royal Commission, The Disorderly Houses Amendment Act 1995 was introduced to allow well-run brothels to operate lawfully, minimise street prostitution and reduce public health risks. Among its provisions, this Act provides a mechanism for communities to make complaints to local councils about the amenity impacts of brothels; and enables councils to apply to the Land and Environment Court to have a brothel closed down based on specified criteria.

 

Current Situation

Currently, Council regulates six brothels in St Marys, one in Jamisontown, two in Kingswood and seven in Penrith. In St Marys and Penrith all premises are authorised within zoning B4 Mixed Use LEP 2010.  These premises operate under “existing use rights” or are “permitted with Consent”.  The remainder of premises are located in light industrial areas (IN2-LEP 2010) or zone 3(a) General Business under IDO 9 where consent is not required.

 

Premises are audited on a scheduled basis for compliance to conditions of consent and fire safety requirements. Inspections may also be complaint generated.

 

There are two registered tattoo premises operating in St Marys. Tattoo premises are regulated in NSW under the following legislation:

 

-   Public Health Act 2010 and Public Regulation 2012 (enforced by NSW Health and

-   local councils);

-   Tattoo Parlours Act 2012 and Tattoo Parlours Regulation 2013 (enforced by NSW

-   Department of Fair Trading and NSW Police); and

-   Children and Young Persons (Care & Protection) Act 1998 (enforced by NSW Family

-   and Community Services)

 

Council inspects tattoo premises to assist operators to adopt good infection control practices to prevent the spread of disease and to meet the above legislative requirements.

 

Information as to the approval status of brothels and tattoo parlours is also made available to Police, if formally requested.

 

Local councils are not legally required to inspect tattoo premises, however Penrith City Council inspects these premises annually. If issues are identified, these premises will be reinspected until such time as the premises are brought into compliance with public health legislation. Council officers may also inspect a tattoo premise in response to a complaint about unhygienic practices.

 

Conclusion

Council officers may inspect a brothel, massage and / or a tattoo parlour in response to a complaint from a customer or member of the public in relation to matters including, but not limited to, illegal operation, unhygienic conditions and practices, noise, poor waste management, and fire safety concerns.

 

There is no specific legislation in NSW that regulates the day-to-day operation of a brothel or massage parlour. WorkCover NSW produced a guideline document in 2001 titled Health and Safety Guidelines for Brothels to assist operators to meet their public health and workplace health and safety requirements, which is still relevant. The provisions of the NSW Local Government Act 1993, Protection of the Environment Operations Act 1997 and Environmental Planning and Assessment Act 1979 may be applicable if regulatory action is required. WorkCover NSW is also an authority for work health and safety issues.

 

 

 

RECOMMENDATION

That the information contained in the report on Brothels, Massage and Tattoo Parlours in St Marys be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

4

Naming of a Park on Hickson Circuit, Caddens   

 

Compiled by:               Lyndall Ryman, Parks Secretary

John Gordon, Parks Manager

Authorised by:            John Gordon, Parks Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage and maintain the City's sports grounds, parks and open space

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the naming of the reserve bounded by Hickson Circuit & Morello Terrace, Caddens as ‘Roger Nethercote Park’. The report recommends that the information be received and that an application be made to the Geographical Names Board for official gazetting.

Background

In recognition of the impact that Roger Nethercote had on the City during his time at Council, staff have suggested that the reserve bounded by Hickson Circuit & Morello Terrace, Caddens be formally named ‘Roger Nethercote Park’.

 

The ownership of the subject land has recently been transferred to Council, with the maintenance of the area currently being undertaken by the developer for Caddens – Urban Growth NSW.  Urban Growth NSW has been contacted regarding this request and they fully support the naming and proposed location.

 

Council’s Naming of Parks & Reserves Policy (adopted by Council at the Ordinary Meeting of 6 August 2012), is in line with the Geographical Names Board (GNB) guidelines that require that naming proposals meet the following criteria:

·    The use of a person’s name for park names should normally only be given posthumously;

·    Names of Aboriginal origin or with an historical background are preferred;

·    Council agrees to the proposed name;

·    If considered appropriate, the names of eminent persons may be perpetuated, particularly those of early explorers, settlers, naturalists.

 

Once an application for naming is submitted to the GNB, the remaining process involves a number of steps, including the public exhibition of the proposed naming. The entire process generally takes eight to ten months.

 

Proposed Name

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

 

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

 

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

 

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

 

Conclusion

Given the significant contribution made by Roger Nethercote to the Penrith local government area it is considered appropriate that a significant community reserve within a new release area that Roger had worked on so passionately be named in his honour.

It is understood that the choice of this site is supported by Mr Nethercote’s family.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Naming of a Park on Hickson Circuit, Caddens be received.

2.    Council endorse the naming of the reserve on Hickson Circuit, Caddens as ‘Roger Nethercote Park’ and make application to the Geographical Names Board for the official gazetting.

3.    Following gazettal, an official naming ceremony be held at the reserve.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

5        South Creek Flood Study                                                                                                 25

 

6        Update on Western Sydney Regional Odour Investigation                                             28

 

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

5

South Creek Flood Study   

 

Compiled by:               Mylvaganam Senthilvasan, Engineering Co-ordinator Policy and Projects

Elias Ishak, Senior Engineer Stormwater

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Provide a strategic framework to manage floodplains and inform land use policy

      

 

Executive Summary

The South Creek Flood Study has progressed to its final stage and is ready for public exhibition. The Flood Study results were presented to the Floodplain Management Working Party on 7 April 2014 and the Councillor Briefing on 5 May 2014.

 

This report seeks Council approval to go to public exhibition of the Draft South Creek Flood Study.

Background

The NSW Government’s Flood Policy is directed at identifying and managing, and where possible, providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the flood hazard. Under the Policy, the management of flood prone land remains the responsibility of Local Government and guidance is provided to Councils through the NSW Government’s Floodplain Development Manual - April 2005.

 

The State Government, under its policy, provides specialist technical advice and some instances financial support to Councils to manage their floodplains.

 

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains. The Penrith LGA is divided into forty (40) creek systems and their catchment areas. To effectively manage the multitude of studies across the LGA, the catchment areas have been grouped into twenty four (24) Study Areas. The study areas have been prioritised and are now programmed to complete all floodplain risk management studies and plans.

 

The Draft South Creek Flood Study commenced a few years ago has now progressed to its final stage and is ready for public exhibition.

 

South Creek is a tributary of the Hawkesbury River that drains about 414 square kilometres of catchment area into the Hawkesbury River at Windsor. The South Creek Flood Study area is about 240 square kilometres and covers an area from Bringelly Road in the south through to Blacktown Road/Richmond Road in the north. The Flood Study is jointly undertaken by Penrith City Council, Blacktown City Council, Liverpool City Council, and Fairfield City Council with the technical guidance and financial assistance from the NSW Office of Environment and Heritage. The Flood Study has been overseen by a Technical Working Group comprising members from the four Councils, the Office of Environment and Heritage and the NSW State Emergency Services.

 

The South Creek has many tributaries including Ropes Creek, Kemps Creek, Badgerys Creek, Cosgroves Creek, Blaxland Creek, Claremont Creek and Werrington Creek.

 

Objectives of the Flood Study are to review the studies previously undertaken by various agencies and to establish the mainstream flood behaviour such as flood levels, flood velocities, flood hazard categorisation and floodway definition. The Flood Study also includes:

 

·      A review of available information, including previously completed flood studies, stream flow gauge records, rainfall records, topographic mapping of the floodplain, hydrographical surveys of creek channels and details of bridge crossings;

·      Definition of mainstream flood behaviour such as information on flood flows, flood levels, depths and velocities for the 20, 50, 100, 200 and 500 year flood events and the Probable Maximum Flood event;

·      Definition of the Provisional Hydraulic and Hazard categories for the 100 year flood event;

·      Flood profiles for South Creek and its tributaries for various downstream constraints; 

·      Flood inundation maps for the 20, 50, 100, 200 and 500 year flood events and the Probable Maximum Flood event;

·      Assessment of the performance of major hydraulic structures which will be required to add to the State Emergency Services flood intelligence report; and

·      A summary of the performance of the flood mitigation works implemented since the completion of the 1991 Flood Study.

 

The Draft South Creek Flood Study, as shown on Attachments 1, 2 & 3 (enclosed separately for the information of Councillors) has now been completed and is ready for public exhibition. Copies of the Draft South Creek Flood Study have been provided in full to Councillors under separate cover. The results of the Draft South Creek Flood Study were presented to the Floodplain Management Working Party on 7 April 2014 and to the Councillors Briefing on 5 May 2014.

 

Other Councils involved were also requested to take necessary steps to report to their respective Councils. Notwithstanding, it is recommended that Penrith goes to public exhibition aiming to finalise the Flood Study as early as possible so that a Floodplain Risk Management Study for South Creek could be commenced in early 2015 as planned.

 

Public Exhibition

The exhibition process will include direct exhibition through the catchment and public notification of that exhibition period. It is proposed that the following will be undertaken as part of the public exhibition.

 

·      Advertisements will be placed in the local newspaper inviting residents, ratepayers and business owners to review the Draft Flood Study documents and make submissions;

·      Council’s website will be used to access the study documents and arrangements will be made for making submissions electronically;

·      Printed study documents will be placed as appropriate at Council offices, libraries and community centres for viewing by the public;

·      Community Information Sheets detailing the flood management process and the steps involved in developing a floodplain risk management plan will be prepared and distributed. This will also be made available through Council’s Website.

·      Two Community forums will be arranged as required at suitable places so as the public has the opportunity to directly view the relevant documents and discuss as required.

 

Once the Draft Flood Study is exhibited and then a further report will be presented to Council outlining the results of the exhibition and to seek formal adoption by Council of the Draft South Creek Flood Study. It will then be proposed to undertake a Floodplain Risk Management Study and a Floodplain Risk Management Plan.

 

Conclusion

The Draft South Creek Flood Study is now completed and ready for public exhibition. The next step is to publicly exhibit the documentation and bring a subsequent report back to Council seeking endorsement.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft South Creek Flood Study be received.

2.    The draft report of the South Creek Flood Study be placed on public exhibition for no less than 28 days.

3.    A further report to Council be presented on the results of the public exhibition of the Draft South Creek Flood Study addressing any submissions received during the exhibition period.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

6

Update on Western Sydney Regional Odour Investigation   

 

Compiled by:               Anthony Price, Acting Environmental Health Manager

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

Requested By:            Councillor Greg Davies

 

Outcome

We care for our environment

Strategy

Protect and improve our natural areas, the Nepean River and other waterways

Service Activity

Contribute to the protection and enhancement of the City's natural environment

      

 

Executive Summary

This report has been prepared in response to Councillor Greg Davies’ request for an update on the status of the NSW Environment Protection Authority’s (EPA) Western Sydney Regional Odour Investigation that commenced in 2012.

 

The report recommends the information be received.

Background

Council has actively followed the progress of the NSW Environment Protection Authority’s (EPA) Western Sydney Regional Odour Investigation. This included officers participating in community meetings (in August and September 2012) and where possible working with community members and EPA officers to address the issue of offensive odours. In particular, for the most affected residents at that time in St Clair and Erskine Park.

 

The EPA engaged The Odour Unit in 2012 to conduct a regional odour study. Three odour generating waste and recycling operators were identified and were required to implement additional site odour controls. The operators identified as producing odour detectable off-site were the SITA Australia Alternative Waste treatment plant at Kemps Creek, the Eastern Creek Landfill and the UR-3R facility at Eastern Creek.

 

In July 2013, the EPA provided an update to Council advising Penalty Infringement Notices were issued to some of these premises, and they varied the operating licences of these companies requiring them to:

 

1.   Implement odour reduction programs targeted to their particular operation such as reducing waste stockpiles or looking at enclosing stored waste material.

2.   Engage the services of an independent odour expert to review their operations on a monthly basis and to conduct odour surveys on and off their premises from October 2012.

3.   Engage an expert to conduct a performance evaluation of the odour control measures to ensure that ongoing operations are being conducted to minimise emissions, and

4.   Participate in a follow-up odour study to be conducted by The Odour Unit.

 

 

The three companies were also required to regularly report back to the EPA on their work and findings. The EPA reported these waste operators were taking responsibility for their impacts and were working with the EPA to affect a resolution as quickly as possible.

 

The EPA also flagged their commitment to keep a close watch on the activities being undertaken by the three companies, and to continue wider investigations and a regulatory campaign in the area including conducting unannounced odour audits and facility inspections.

 

Current Situation

In recent weeks, Council has again started to receive similar customer enquiries and complaints about odours from areas such as Erskine Park, Luddenham, St Clair, St Marys and Colyton. Two resident complaints were from Erskine Park and one was from Luddenham. A newspaper enquiry indentified St Clair, St Marys, and Colyton as being affected by odour. Details provided by residents are currently registered and forwarded to the EPA where landfill type odour is identified as the likely cause. Otherwise, the matters are investigated by Council Officers.

 

Council officers also contacted the EPA in early May this year to request an update on their investigations. The following is a summary of the advice provided:

 

·      The EPA has received approximately 100 complaints in the April/May period relating to odours in the Erskine Park area.

·      The EPA continues to undertake odour surveys in the area to gather evidence to determine problem sites.

·      The odour problem around the Erskine Park area may be associated with the SITA site in Kemps Creek.

·      This SITA site is currently undergoing upgrade works which has meant they are unable to manage some of the waste material as they normally would. This upgrade work is scheduled to be completed in August 2014.

·      The EPA has provided direction to SITA to undertake management action to control odour such as covering the waste material. The EPA indicated that they will be attending the SITA site again to ascertain if more can be done.

·      The odour in Erskine Park is not thought to be associated to the landfill at Wallgrove Road as odour surveys in that area have shown odour is not being experienced outside the site itself to any great degree.

 

Conclusion

The EPA has advised the Western Sydney Regional Odour Investigations and their actions, which initially commenced in 2012, are continuing. The EPA has taken a number of actions to ensure waste facilities continue to minimise activities with the potential to generate off-site odours. Council officers will continue to advocate for Penrith residents and work with the EPA officers where possible to ensure an appropriate response to both resident and Council’s concerns.

 


 

 

 

RECOMMENDATION

That the information contained in the report on Update on Western Sydney Regional Odour Investigation be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

7        Repeal of Section 18C of the Racial Discrimination Act                                                 33

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

7

Repeal of Section 18C of the Racial Discrimination Act    

 

Compiled by:               Tracy Leahy, Community Programmes Coordinator

Authorised by:            Erich Weller, Community and Cultural Development Manager 

Requested By:            Councillor Prue Car

 

Outcome

We are healthy and share strong community spirit

Strategy

Encourage social connections and promote inclusion in our community

Service Activity

Facilitate and resource community services networks to support social cohesion

      

 

Executive Summary

On 25 March 2014 the Federal Attorney General, the Hon Senator George Brandis QC, released an Exposure Draft Bill with proposed amendments to Part IIA including Section 18C of the Racial Discrimination Act 1975.

 

Councillor Car’s request for an urgent report on this matter includes that Council officers provide some commentary on the local impact of the proposed changes to the Racial Discrimination Act 1975, including Section 18C.

 

The release of the Exposure Draft has drawn significant public comment. Formal submissions on the Exposure Draft closed on 30 April 2014.

 

Much of the information in this report is taken from the Australian Human Rights Commission submission to the Federal Attorney-General’s Department on the amendments to Part IIA, Racial Discrimination Act dated 28 April 2014.

 

The report recommends that the information contained in the report on Repeal of Section 18C of the Racial Discrimination Act  be received.

Background

According to the Australian Human Rights Commission the current Federal Racial Discrimination Act 1975 achieves an appropriate balance between freedom of expression and freedom from racial vilification.  The right to freedom of expression is of fundamental importance but this right is not an absolute or unfettered right and carries with it special duties and responsibilities.

 

The Current Racial Discrimination Act 1975

 

The Racial Hatred Act 1995 (Cth) was adopted by the Federal Parliament in 1995 following an extensive debate that had stretched over nearly a full parliamentary sitting year.  That Act inserted Part IIA into the RDA (comprising sections 18B-18E).  These provisions in the RDA have remained unamended since their introduction. Section 18C is as follows:

 

(1)     It is unlawful for a person to do an act, otherwise than in private, if:

(a)   the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

(b)   the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.

 

(2)     For the purposes of subsection (1), an act is taken not to be done in private if it:

(a)   causes words, sounds, images or writing to be communicated to the public; or

(b)   is done in a public place; or

(c)   is done in the sight or hearing of people who are in a public place.

 

(3)     In this section public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

 

Section 18B provides that if an act is done for two or more reasons and one of those reasons is the race of a person, then the act is taken to be done because of race.

 

Section 18D provides for a number of exemptions from the prohibition in Section 18C.  The exemptions cover anything done reasonably and in good faith in three contexts:

 

a.   In the performance, exhibition or distribution of an artistic work

 

b.   In the course of any statements, publications, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest

 

c.   In the making or publishing:

 

i.    a fair and accurate report of any event or matter of public interest

ii.  a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.

 

Section 18E covers racial discrimination in the workplace and covers the responsibility of employers.  This Section is not so relevant to the broader community impact of the proposed changes to Part IIAa in the Exposure Draft.

 

The next section of the report summaries how the RDA is currently administered by the Australian Human Rights Commission. This information is important in assessing the success or otherwise of the current legislation, including Section 18C, in dealing with incidents of racial discrimination.

 

How Does the Law Operate

Complaints that conduct has breached Part IIA of the RDA must be made to the Commission in the first instance. The first requirement for a complaint to be accepted is that it is by or on behalf of a person who is aggrieved by the alleged unlawful conduct. The Commission enquires into the complaint and, if there is no apparent basis on which to terminate it – for example, on the ground that it is misconceived or lacking in substance – the Commission will attempt to resolve the complaint by conciliation.

 

If the complaint is not resolved through conciliation, the complainant can apply for the allegations to be heard and determined by the Federal Court of Australia or Federal Circuit Court of Australia.

 

Although it is sometimes thought that a breach of section 18C is punishable by imprisonment, this is not the case as it is a civil, not a criminal, provision. Most complaints under section 18C which are resolved by the Commission result in some combination of the following outcomes:

 

·    an apology

·    an agreement to remove material

·    systemic outcomes such as changes to policies and procedures, training for staff and training for individual respondents

·    payment of compensation.

 

The Federal Court of Australia or Federal Circuit Court of Australia may order a range of outcomes including an apology, the removal of material or payment of compensation.

 

Over the last five years, the Commission received an average of 130 complaints per year alleging a breach of section 18C.

 

The last reporting year has seen a sharp increase in the number of these complaints to the Commission, from 121 complaints in 2011-12 to 192 complaints in 2012-13. This increase is largely due to complaints of cyber-racism, with more than 40 per cent of complaints under section 18C received by the Commission in 2012-13 concerning internet material.

 

A review of complaints under section 18C received by the Commission in 2012-13 indicates that 53 per cent were resolved at conciliation, 19 per cent were withdrawn and 23 per cent were terminated by the Commission. Of these, 17 per cent were terminated on the basis that there was no reasonable prospect of settlement, and four per cent were terminated on the basis that they were trivial, misconceived or lacked substance.

 

Of all of the complaints received by the Commission in 2012-13 under section 18C, less than three per cent proceeded to court. This outcome is consistent with the intent of discrimination law to provide a quick, accessible and inexpensive means of resolving complaints without recourse to judicial processes.

 

It is also noted that the conciliation process, as conducted by the Commission, fulfils an educative function, assisting those involved in complaints to understand more about rights and responsibilities in relation to racial discrimination.

 

The relatively low number of complaints received by the Commission overall suggests that section 18C of the Racial Discrimination Act is used in moderation, and not vexatiously.

 

Exposure Draft – Amendments to the Racial Discrimination Act 1975

The Australian Government is currently considering amendments to the Racial Discrimination Act 1975. On 25 March 2014, the Attorney-General, Senator the Hon George Brandis QC, released an Exposure Draft on the proposed amendments to the Act. The deadline for submissions was 30 April 2014.

 

The proposed amendment would see Section 18C, as well as Sections 18B, 18D and 18E repealed. The following section would be inserted:

 

“(1)    It is unlawful for a person to do an act, otherwise in private, if

 

(a)  the act is reasonably likely:

(a)  to vilify another person or a group of persons; or

                   (ii) to intimidate another person or a group of persons,

 

And

 

(a)  the act is done because of the race, colour or national or ethnic origin of that person or that group of persons.

 

(2)     For the purpose of this section:

 

(a) vilify means to incite hatred against a person or a group of persons;

                    (b) intimidate means to cause fear of physical harm:

                   (i) to a person; or

                   (ii) to the property of a person

                   (iii) to the members of a group of persons.

 

(3) Whether an act is reasonably likely to have the effect specified in sub-section (1)(a) is to be determined by the standards of an ordinary reasonable member of the Australian community, not by the standards of any particular group within the Australian community.

 

(4) This section does not apply to words, sounds, images or writing spoken, broadcast, published or otherwise communicated in the course of participating in the public discussion of any political, social, cultural, religious, artistic, academic or scientific matter.”

 

The Federal Attorney-General’s website (25 March 2014) provided the following information on the proposed changes to Part IIA of the RDA 1975:

 

The Government Party Room this morning approved reforms to the Racial Discrimination Act 1975 (the Act), which will strengthen the Act’s protections against racism, while at the same time removing provisions which unreasonably limit freedom of speech.

 

A new section will be inserted into the Act which will preserve the existing protection against intimidation and create a new protection from racial vilification.  This will be the first time that racial vilification is proscribed in Commonwealth legislation sending a clear message that is unacceptable in the Australian community.

 

I have always said that freedom of speech and the need to protect people from racial vilification are not inconsistent objectives.  Laws which are designed to prohibit racial vilification should not be used as a vehicle to attack legitimate freedoms of speech.

 

Responses to the Exposure Draft

The Australian Human Rights Commission has expressed a number of concerns with the Exposure Draft.  These concerns are explained in detail in the Commission’s submission to the Attorney-General’s Department (dated 28 April 2014) on the amendments to Part IIA, including Section 18C.

 

According to the Commission the most significant changes proposed by the draft Bill are:

 

a.   a narrowing of the conduct based on race that may be prohibited to include only:

 

i.          the incitement in others of hatred against a person or group of persons; and

ii.          the causing of fear of physical harm;

 

b.   the introduction of a ‘community standards’ test;

c.   the broadening of the exemptions to include conduct that is not done either reasonably or in good faith.

 

The Commission’s detailed analysis of the implications of the above changes are provided as Attachment 1 to this report.  In summary the changes to Part IIA would:

 

·    limit the meaning of the term “vilify” in the current Act to only include conduct that “incites hatred against a person or a group of persons”, and not include conduct that vilifies and is degrading or disparaging

·    limit the meaning of the term “intimidate” to conduct that causes fear of physical harm to people or property, and not include the emotional and psychological harm that can result from intimidation on the basis of race

·    limit the scope of assumptions to protect freedom of expression, including the exemption in relation to the protection of artistic works

·    widen the scope of exemptions by removing the requirement that the relevant act be done “reasonably and in good faith”, thus permitting categories of racist abuse to be offered up in the course of public discussion without the option of redress.

 

It is the Commission’s view that the “Exposure Bill as drafted should not proceed”.

 

Other Public Reaction

On 17 April 2014 Vic Alhadeff, Chair, NSW Community Relations Commission released a media statement which urged the Federal government to withdraw its proposed amendments to Part IIA, Section 18C of the RDA.  Mr Alhadeff said:

 

“On behalf of the 190 ethnic communities of New South Wales, we urge the Federal Government to withdraw its Exposure Draft of the “Freedom of Speech (Repeal of Section 18C) Bill 2014” and reconsider the entire issue.

 

Approximately 25 per cent of the people of NSW were born overseas and another 25 per cent have at least one parent born overseas. The representative organisations of a large number of our ethnic and indigenous communities have voiced opposition to the Government’s proposals, while not one has expressed support.

 

The safeguards currently provided by Part IIA of the Racial Discrimination Act have been in place for almost 20 years, including during the 11 years of the Howard administration, to give the targets of hate speech a peaceful and civilised avenue of redress. These laws have succeeded in resolving hundreds of cases that would otherwise have been left to fester and to degrade social cohesion and mutual respect.

 

The current law protects all Australians, not only minority groups………….”

 

In the Sydney Morning Herald of 28 April 2014 the Premier of NSW, the Hon Mike Baird MP “….urged his federal colleagues to back away from proposed changes to racial discrimination law declaring: If it’s not broken, don’t fix it. Mr Baird said there was broad community concern about proposed changes to section 18C of the Racial Discrimination Act”.

 

Ryde, Fairfield, Hurstville, Canada Bay, Parramatta and Canterbury Councils in NSW have adopted a resolution calling on the Federal Attorney-General to withdraw the Draft Exposure amendment to the RDA.  Council officers understand a number of other Councils in NSW are considering similar action.

 

 

 

 

Local Impact

Council officers have received advice from the Penrith Multicultural Interagency on their collective view of the proposed changes to Part II of the Racial Discrimination Act 1975, in particular Section 18C, released by the Federal Attorney-General in March 2014.

 

Penrith Multicultural Interagency (PMI) is made up of a number of local community organisations and staff in government agencies working with residents from culturally and diverse backgrounds in Penrith City.  Organisations in PMI include Nepean Migrant Access, Wesley Mission, TRI Community Exchange, Penrith Women’s Health Centre and St Marys Area Community Development Project. Council’s Multicultural Access Officer also participates in this network.

 

In its advice PMI indicates it endorses the NSW Government Submission to the Federal Attorney-General’s Department that, in summary, believes “there is an unacceptable risk that the Commonwealth’s proposed changes will sanction public statements that incite racial hatred” (NSW Government Submission to the Federal Attorney-General’s Department on Proposed Amendments to the RDA 1975, page 1).

 

In addition PMI points to the recently released Penrith Emerging Culturally and Linguistically Diverse Communities Research Project 2013 report which, after extensive consultation with local service providers and community leaders of some refugee communities, recounted a few incidents of serious racial discrimination and harassment. Incidents of this nature make the settlement process more difficult for recently arrived migrants, including refugees. This report was distributed to all Councillors under memo on 21 May 2014.

Summary

On 25 March 2014 the Federal Attorney-General, the Hon Senator George Brandis QC, released the Exposure Draft Bill with proposed amendments to Part IIA including Section 18C of the Racial Discrimination Act 1975.

 

This report provides a brief analysis of the Draft Exposure Bill, including the proposed changes to Section 18C.  It summarises the Australian Human Rights Commission’s considered view “that the Exposure Bill as drafted should not proceed”.

 

The report also summarises other comments on the Draft Exposure Bill including from the NSW Community Relations Commission Chairperson. 

 

Lastly the report outlines the view of Penrith Multicultural Interagency which also believes that the changes to Section 18C would potentially increase incidents of racial discrimination in the community.

 

RECOMMENDATION

That the information contained in the report on Repeal of Section 18C of the Racial Discrimination Act  be received.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Australian Human Rights Commission - Analysis of Changes to Part IIA of the Racial Discrimination Act 1975

14 Pages

Attachments Included

   


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

8        Proposed Permanent Closure of Kokoda Place (Court), St Marys                                 41

 

9        Organisation Performance Report - March 2014                                                            45

 

10      Impact of repeal of Carbon Price                                                                                     51

 

11      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015                                                                                                                                           55

 

12      Amendment to the Council's 2014 Meeting Calendar                                                     58

 

13      RFT1314-12 Auditing Services                                                                                        61

 

14      Summary of Investments for the period of 1st April - 30th April 2014                            66

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    26 May 2014

 

 

 

8

Proposed Permanent Closure of Kokoda Place (Court), St Marys   

 

Compiled by:               Alison Randall, Property Development Assistant

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

Council resolved on 15 April 2013 to submit an application to NSW Trade and Investment, (Crown Lands) for the permanent closure of Kokoda Place (Court), St Marys W520819.

 

An application has been made and with the approval of Crown Lands, public consultation has been undertaken.

 

This report provides an update on the action taken, the response to public consultation and recommends that Council resolve to proceed with the application to NSW Trade and Investment, (Crown Lands) to permanently close the road.

Background

Council previously considered a report, at its Policy Review Committee Meeting of 15 April 2013, regarding the St Marys Village Precinct Development.  Within that report the proposed closure of Kokoda Place (Court), St Marys was also considered.  Council resolved to submit an application to Crown Lands recommending that a permanent legal closure of the remaining part of Kokoda Place (Court), St Marys be approved.

 

The subject road is an unused ‘paper road’ which adjoins the St Marys Village Shopping Centre and Council’s adjacent Community & Operational Lands. A plan of the subject road proposed to be closed is appended.

 

Kokoda Place (Court) was originally part of Crana Street, St Marys which was partly closed as a public road by Council many years ago to allow construction of the Village Shopping Centre and its car park.  The subject part of this original public road was not wanted at the time and left unused.

 

Where it is determined that there is no impediment to the closure of an unused public road it can be legally closed and offered for sale to the adjoining property owners or consolidated with adjoining Council land.  At this point of time our intention is to amalgamate this area with Council land. 

 

Council is not the Roads Authority under the Roads Act 1993 in respect of the permanent closure of a road and as such is required to submit an application to Crown Lands for approval.

 

In accordance with the resolution, application was made to Crown Lands for approval to advertise the proposed closure. Approval was granted and public consultation was commenced in accordance with the Crown’s requirements. Advertisements were placed in the Western Weekender in the Council page from 14 February 2014. Letters were also sent to nominated public service authorities and adjoining owners. The public consultation period was for a period of 28 days from the date of advertisement, and has now closed.

 

In summary the following were received in response to the consultation;

 

NSW Planning and Infrastructure

No response received

Transgrid

No objection

Endeavour Energy

No objection

Roads and Maritime Services

No objection

Telstra

No objection

APA Group (Gas)

No response received

Jemena Asset Management

No objection

Sydney Water

No objection

Mirvac Funds Ltd (Adjoinging Owners)

No response Received

David Trist (Resident)

Objection

 

The basis of Mr Trist’s objection is “Loss of public space, and feels that Council should not be assisting the adjoining owner, Mirvac Homes to cannibalise the small business of Queen Street”.

 

Mr Trist’s objection is an objection in principle to the perceived loss of public space.  It is noted that the subject land does not provide practical use as a public road and the process at this stage is to legally close the road.  The closure will not prevent public access to any adjoining properties by the public.

 

It is considered that the closure of this small portion of road will not prejudice the outcome of the planning studies and public consultation relating to the St Marys Precinct Development, but will enable the land to be used for either community or commercial uses in accordance with the provisions of the Local Government Act (1993).

 

Any reconsideration of the future use of the adjoining land including the area proposed to be closed will be subject to a further report to Council.

 

In consideration of the above information, it will therefore be recommended that Council proceed with the application to legally close the subject road.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Permanent Closure of Kokoda Place (Court), St Marys be received.

2.    Council proceed with the application to NSW Trade and Investment, Crown Lands for approval to permanently close Kokoda Court, St Marys.

3.    Upon closure the land be classified as “operational” land and be consolidated with Council’s adjoining land.

 


 

ATTACHMENTS/APPENDICES

1.  

Location Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  26 May 2014

Appendix 1 - Location Plan

 

PDF Creator


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

9

Organisation Performance Report - March 2014   

 

Compiled by:               Geraldine Brown, Budget Accountant

Andrew Moore, Financial Services Manager

Fiona Plesman, Organisational Performance and Development Manager

Allegra Zakis, Corporate Planning Co-ordinator

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program and one year Operational Plan for the period of 1 January 2014 to 31 March 2014.  The report should be read in conjunction with the Organisational Performance Report – March 2014 (Attachment 1), which records our progress in implementing the organisation’s operating and capital projects.

 

At 31 March 2014, 88% of Council’s 248 capital and operating projects were ‘on target’ or ‘completed’.

 

Strong financial management of Council’s budget has continued throughout the third quarter. After allowing for the proposed adjustments in this report, including allocations to reserve, a surplus of $79,098 for the quarter is proposed and results in a surplus of $151,207 being predicted for the full year at this stage. Council’s commitment to strong budgetary controls will ensure that we are in the best available position over the remainder of the financial year to establish a balanced budget for 2014-15.

 

This report recommends that the Organisational Performance Report is received, and also recommends that the revised budget estimates identified in the report and detailed in Attachment 1 is adopted.  A copy of the Organisational Performance Report has been provided separately to Councillors.

Organisational Performance summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the three months from 1 January to 31 March 2014. At 31 March 2014, 88% of Council’s 248 capital and operating projects were ‘on target’ or ‘completed’.


 

Table 1 – Summary of Organisational Performance at 31 March 2014

 

 

 

 

Performance Rating

Totals

 

 

 

 

 

 

 

On Target

Attention Required

At Risk

100% Completed

 

Capital Projects

71

20

0

53

144

(49%)

(14%)

(0%)

(37%)

 

Operating Projects

73

8

0

23

104

(70%)

(8%)

(0%)

(22%)

 

Totals

144

28

0

76

248

 

Detailed comments on the items which were identified as ‘requiring attention’ are outlined in Attachment 1.

Organisational Highlights

Organisational achievements from 1 January to 31 March included two successful Seniors Week Concerts.  The first was held on the 18 March at St Marys Memorial Hall and was attended by over 150 residents from aged care facilities and day care groups. The second concert was held on the 20 March at the Joan Sutherland Performaning Arts Centre with over 400 local residents attending.  The performances at both concerts were of a high standard and enjoyed by all. 

 

Over 100 dignitaries and guests attended the launch of the book ‘Penrith: Makings of a City’ at the Penrith Civic Centre on the 7 March, which was officially launched by Emeritus Mayor Pat Sheehy AM.  Funding for his important project was secured almost 7 years ago by the current Mayor, Councillor Ross Fowler OAM and the then Mayor, Councillor Pat Sheehy AM.

 

Australia Day 2014 was a great success and was once again held at the International Regatta Centre. The program featured prominent Australian artists, DJ Havana Brown, Zoe Badwi plus a classic Aussie rock performance by trio Mark Travers, Rose Carleo and Simon Meli. Despicable Me 2 and Butterscotch ‘s Playground provided the children’s entertainment. The popular 6pm - 9.30pm timeslot was retained and a fireworks spectacular provided a fitting conclusion to the activities.

 

Many parks across the City have benefited from a range of improvements and upgrades in the past three months.  Projects completed during this reporting period include:

 

·        Reconstruction of the sprint track at Saunders Oval, St Clair

·        Reconstruction of playing fields at Parks Ave Sporting Complex, Werrington

·        Sealing of the carpark at Mark Leece Oval, St Clair

·        Flood lighting upgrade at Hunter Fields, Emu Plains

·        Irrigation system installed at Peppertree Reserve, Erskine Park

·        Pathway installation at Denver Road Reserve, St Clair and Jamison Park, Penrith

·        Sealing of 2 netball courts at Boronia Park, North St Marys

 

Playgrounds were also installed or refurbished at Nash St, South Penrith, Phoenix Cres, Erskine Park and Torquay Terrace, Glenmore Park. 

Organisational challenges

This review highlights that a number of Council’s planned 2013-14 capital and operating projects are being carried forward to future years.  It will be important that the projects carried forward are considered alongside the planned program for 2014-15 to ensure that all scheduled projects will remain deliverable.

 

Continued development in the City will support economic growth and housing diversity, but also presents challenges in terms of increased workload and service levels particularly in new release areas. Council continues to monitor this in terms of resourcing and responding to this challenge and this will be a key consideration in the upcoming capacity review scheduled for 2014-15.

 

Moving forward, the recent Federal Budget has announced that the Financial Assistance Grants (FAG) provided to Council in 2014-15, 2015-16 and 2016-17 will not be indexed beyond its 2013-14 base.  This will result in a variance of approximately $281,000 in 2014-15.  While recent reviews have provision for movements in budget assumptions and the 2014-15 variation will be accommodated within this provision, the impact of this reduction in future FAGs will need to be addressed in the development of future budgets. 

Financial Position Summary

Council delivered a balanced budget in the adoption of the 2013-14 Operational Plan. As previously reported to Council, the six-monthly result to December 2013 was a projected surplus of $62,299 for the full year with variations in the first six months being mainly positive variations to the original budget.  The most notable of these included additional rates income ($884,825), an increase to this year’s Financial Assistance Grant ($154,076), and additional interest on investments ($350,000). These positive variations allowed for an allocation for refurbishment and improvements at the former St Marys Council Chambers ($250,000) to be made as part of the December Review.  With a number of items still to be confirmed a transfer of $700,000 was made to Reserve in the first six months of the year to ensure that Council retained the capacity to respond to any variations to these assumptions, and once finalised, provide potential capacity to respond to current and emerging priorities.

 

The March quarter again presented a positive result with a surplus of $151,207 being projected for the full year. This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional interest on investments ($300,000), additional rates income ($178,905), and DA income ($150,000). These have been partly offset by an increase in Council’s contribution to the superannuation defined benefits scheme ($212,264). Once again, it is considered prudent to transfer surplus funds to Reserve ($300,000) to ensure that Council retains the capacity to respond to variations to assumptions and estimates within the budget and provide potential capacity to respond to current and emerging priorities in future quarterly reviews or as part of the 2014-15 Operational Plan development, including the recent Federal Budget announcement that Council’s Financial Assistance Grant will not be indexed over the next three years. This change is expected to result in a negative variation in 2014-15 of approximately $281,000.

 

Net organisational salary savings of $325,772 have also been identified in this quarter and in keeping with Council’s adopted practice these salary savings will be retained within the employee cost budget at this stage and not be reallocated. Council’s Long Term Financial Plan (LTFP) has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2014 Review. 

 

In addition to these adjustments a total of $2.9m of revotes is proposed as a result of the March Quarter Review as the works are not expected to be completed in the current financial year.  Further details on significant proposed major variations and revotes are provided later in this report with all detailed in the attached Organisational Performance Report – March 2014.

 

This report recommends that the revised budget estimates, including revotes, identified in the report and detailed in Attachment 1Organisational Performance Report – March 2014 be adopted.

Financial Position for the March Quarter

The financial position of Council for the quarter is expressed by providing information, in compliance with Quarterly Budget Review Statement (QBRS) requirements, on:

·        Budget Position (whether balanced/surplus/deficit)

·        Significant Variations

·        Funding Summary

·        Reserve Movements for the quarter, and

·        Capital and Operating Budget Projects list

·        Key Performance Indicators

·        Income & Expenses

·        Income & Expenses by Program

·        Capital Budget

·        Cash & Investments

·        Contracts and Other Expenses

·        Consultancy and Legal Expenses

Budget Position

 

$000’s

Original Budget Position

0

September Quarter Variations

53.5

December Quarter Variations

9.8

March Quarter Variations

8.8

March Review Variations

79.1

Revised Surplus/(Deficit)

151.2

 

The predicted cumulative result for the year as at March 2014 is a surplus of $151,207 after the recommended variations for the quarter are accommodated. Commentary is provided below on some of the more significant issues in the review with further details together with all proposed major and minor variations, and reserve movements detailed in Attachment 1Organisational Performance Report – March 2014.

 

Net Salary Savings - $325,772 F (0.4%)

During the third quarter of 2013-14 salary savings have been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $325,772.

 

It is proposed that as part of the March Quarterly Review that salary savings of $325,772 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Superannuation – $212,264 U (3%)

Council’s contribution for those employees still in the Defined Benefits Scheme (129 employees) is influenced by the percentage contribution by the employees.  This annual election by the employees and changes to Council’s contribution rates, including the additional contribution required to fund deficits resulting from the GFC, have been advised by Local Government Super.  This adjustment reflects the most recent change, which has been also included in the draft 2014-15 budget currently on exhibition.

 

Interest on Investments – $300,000 F (24%)

The estimate for untied interest on investments has been increased in the March Quarterly Review as the unrestricted portion of the portfolio has been higher than anticipated.   Earnings on Council’s portfolio have exceeded the original 3.5% estimate due to investments in bank term deposits and floating rate notes returning excellent margins above the Bank Bill Swap Rate.

 

In addition, the estimate for interest payable on S94 Reserves has been reduced in this review. The $14m transfer to the NSW Government for the Erskine Park Link Road has now been agreed to. As reported to Council on 30 September 2013, it was agreed that the funds be transferred to the Department of Planning and Infrastructure to complete the project and therefore interest for the last quarter has been retained as untied income.

 

Rates –$178,905 F (0.2%)

Estimated annual rating income is affected by development throughout the city (i.e. subdivisions) and is based on the rating data available at a particular point in time.  The increased income is the result of continued developments occurring in Luddenham, Penrith (Thornton), Jordan Springs, and Glenmore Park (Stage 2).

 

This income was predicted to be received in future years of Council’s LTFP and as such does not substantially increase Council’s financial capacity in future years.

 

DA Income - $100,000 F (49%)

Additional DA income is now forecast as a result of an increase in the overall value of development being proposed, the number of DA’s received, and a cluster of major applications being proposed within the City.  The most notable contributors to this trend have been a number of major applications proposed including the St Marys Rugby League Club, Cranebrook Shopping Centre, CID Development in St Marys and the Fernhill Estate Masterplan.  The development activity is forecast to continue throughout this year and as the economic climate within the region improves together with the release of the new Local Environmental Plan for the City it is envisaged that this trend will continue.

 

 

 

Transfer to Reserve - $300,000 A (43%)

The development of the annual budget each year requires a number of assumptions to be made in relation to both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $300,000 be transferred to Reserve.  This allocation will provide capacity to respond to these assumptions, if needed, and will otherwise provide capacity to respond to some current and emerging priorities, including some of the priority resource requests that were unable to be funded in the original budget.

 

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance Report – March 2014. In addition to these adjustments a total of $2.9m of planned capital and operating projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed March Quarter revotes) is $7.3m, compared to $2.7m for the same period in 2012-13.

Conclusion

This report, and the more detailed Organisational Performance Report – March 2014, demonstrate that Council has delivered significant progress over the past three months. The March Review indicates that all service activities are on track to meet Council’s challenging annual program. Council’s financial position remains sound, with a surplus predicted and allocations in the first nine months of the year providing capacity to respond to variations in assumptions.

 

The Organisational Performance Report – March 2014 will be placed on Council’s website, and will be available in hard copy or CD versions on request.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Organisation Performance Report - March 2014 be received

2.    The Organisation Performance Report - March 2014 as at 31 March 2014, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – March 2014 be adopted.

 

 

ATTACHMENTS/APPENDICES

1.  

Organisational Performance - March 2014

63 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

10

Impact of repeal of Carbon Price   

 

Compiled by:               Christopher Weir, Expenditure Accountant

Authorised by:            Andrew Moore, Financial Services Manager 

Requested By:            Councillor Bernard Bratusa

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

       

 

Executive Summary

This report was originally presented to the Ordinary Meeting of Council held 24 March 2014.  On the night the report was deferred and is represented to tonight’s meeting. The purpose of this report is to provide information on the impact to Council resulting from the repeal of the Carbon Price.

 

The Carbon Price was introduced by the former Federal Government on 1 July 2012 at a fixed price of $23 per tonne of carbon dioxide equivalent, with the intention to increase by 2.5% per year until 2015, when the price would be set by the market.

 

Following the 2013 Federal Election, the Government has declared that they will remove the current Carbon Price under their Direct Action Plan.

 

Whilst Council does not make any direct payments under the Carbon Price scheme, the impact has been through indirect, flow-through costs to goods and services such as electricity and gas, waste management and fuel.

 

The removal of the price on Carbon will have no long term net impact on Council’s financial position, it will however flow through with ratepayer savings resulting from a lower than projected Ministerial rate increase and Domestic Waste Charges, equivalent to the cost saving, as outlined in the report.

Background

The Carbon Price came into effect on 1 July 2012 as part of the Clean Energy Plan. The Clean Energy Plan aimed to reduce pollution levels to 5% below 2000 levels by 2020 and 80% by 2050. This was to be addressed by encouraging the country’s largest greenhouse gas emitting companies to increase their energy efficiency.

 

The Carbon Price is a mechanism by which companies who emit greater than 25,000 tonnes of carbon dioxide equivalent (CO2-e) per annum are required to purchase and surrender permits/units to the Government for every tonne of pollution that they produce. Agricultural emissions and emissions from light vehicles were not covered by the Carbon Price. The bulk of the impact is on electricity generating entities and other organisations with industrial operations.

 

In 2012-13 284 million eligible units were to be surrendered under the scheme. This represents slightly over 50% of Australia’s 552 mega tonne per year emissions. Originally it was anticipated that the scheme would cover 60% of emissions.

 

Although the Carbon Price has no direct impact on households, the potential for indirect impact through things such as electricity costs led to the Federal Government introducing several measures to reduce this impact on households. The tax free threshold was increased from $6,000 to $18,200 on 1 July 2012 and was intended to increase again to $19,400 on 1 July 2015. In addition to this a Clean Energy Advance was paid to eligible households in 2012 to assist with any impact. The advance was aimed at low to middle income households who met certain criteria. The value of the advance was dependent on how the criteria were met.

 

In the lead up to the 2013 Federal Election, Tony Abbott, the Leader of the Liberal Party, announced that, if elected, he would repeal the Carbon Price in favour of the Direct Action Plan. At this stage the Federal Government aims to have this change in place by 1 July 2014.

 

The Direct Action Plan aims to provide incentives to reduce emissions, in contrast to charging for emissions under the Carbon Price. The main feature of the Direct Action Plan is the Emissions Reduction Fund. This scheme is budgeted to cost $300m, $500m and $750m over 3 years from 1 July 2014. The fund will call upon businesses to submit tenders for projects that are designed to either lower or off set emissions. Examples of projects might include cleaning up power stations, capturing landfill gas or improving soil carbon. The fund will work like a reverse auction, in that businesses will have to compete with each other to win tenders. Only projects with the lowest cost per amount of reduction in emissions will be funded.

 

In order to be successful the project must meet two criteria:

·    The emission reductions must be additional measures and not just business-as-usual

·    The reduction estimates must be credible and verified.

 

Further information on the fund is expected to be released shortly with the Government releasing a Green Paper on the subject in December, which was open for consultation until February. After this a White Paper will be released with more detail on the plan.

The impact on Council

The repeal of the Carbon Price is yet to be passed by Parliament, however we are able to estimate what the potential savings will be to Council if it is repealed.

 

Energy Costs

The Carbon Price on electricity for 2013-14 is charged at 2.2c/kWh. Based on Council’s 2012-13 usage the estimated Carbon Charge for 2013-14 is just over $400,000.

 

Waste Costs

The Carbon Price is applied to waste sent to landfill on the basis of potential greenhouse gas emissions. This means that waste sent to landfill that contains a higher level of organic substance will attract a higher carbon price.

 


The price for 2013/14 is as follows:

 

·    $8.99 per tonne – mixed solid waste sent to landfill. Originates from the 3 bin services for households once organic waste has been removed from the red bin.

·    $10.07 per tonne – mixed solid waste processed by SITA before going to landfill. Originates from 2 bin service households with organic waste included.

·    $5.22 per tonne – organic waste processed at SITA. From organic bins only.

·    $2.78 per tonne – recycling processed by Visy. From recycling bins only.

 

In the period from July to December 2013 the cost of the Carbon Price to Council on waste services was $239,424. This is made up of $102,323 for waste sent straight to landfill, $34,629 for garbage processing, $73,867 for composting, and $28,605 for recycling. This equates to $478,848 once pro-rated for 2013-14.

 

Fuel Costs

The impact on Council’s fuel costs has come through a reduction in fuel tax credits for off road use vehicles. The fuel tax credit for 2013-14 for off road use has decreased by between $0.03 and $0.06, depending on vehicle use, based on rates before the introduction of the Carbon Price. In the period October 2013 – December 2013 this meant a reduction of $6,700 in credits claimed. Over a full year this equates to $26,900 potential savings if the Carbon Price is repealed.

 

This provides an estimated total cost reduction of $906,000 annually if the carbon price is repealed. It is important to acknowledge the savings for electricity and fuel (approximately $427,000) over time flow through the Local Government Cost Index, used to set the Ministerial rate rise, and will reduce rate increases and will not provide any direct additional financial capacity for Council, but will provide savings to ratepayers.

Council response to Carbon Price

In response to the Carbon Price, measures were taken to minimise the impact on Council.

 

The impact of the carbon price was also addressed in setting the Rate Peg in 2012-13 with  IPART introducing an advance of a 0.4% increase to cover for anticipated costs associated with the carbon price, which has been removed over the following two years through decreases to the rate peg (0.1% in 2013-14 and 0.3% in 2014-15). From 2013-14 the impact of the carbon price is allowed for in the normal calculations that determine the rate peg, for example changes in electricity prices. IPART have stated that if the carbon price is repealed, this will also be allowed for through the normal calculation process.

 

Conclusion

Should the carbon price be repealed in July as planned, the potential net impact on Council will be minimal. The reason for this is any savings will be offset by reductions in income. In regard to waste services, the Domestic Waste Management Charge is based on full cost recovery, and a reduction in waste charges will be offset by a reduction in income through domestic waste service charges. In addition to this any savings through other areas such as electricity costs and fuel costs will be offset in the calculation of the rate peg.

 


Repeal of the carbon price may create the potential for savings for the community. At this stage it is not understood what impact, if any, the Direct Action Plan will have on Council or on the community and further information will be made available to Council once the detail is finalised.

 

 

 

RECOMMENDATION

That the information contained in the report on Impact of repeal of Carbon Price be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

11

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW and for reviewing categories of Councils every three years.

 

In 2014 the Tribunal did not undertake a review of categories and as such Penrith City Council remained categorised as a “Metropolitan Major” Council along with Blacktown City Council. It is interesting to note that the determination for the remuneration of those Councillors that fall within the next highest Category of “Major City” (and there are three Councils that fall within this Category, being Newcastle City Council, Parramatta City Council and Wollongong City Council) are the same as the two Councils that are in the Category “Metropolitan Major”.

 

The Tribunal has advised in its report that, while submissions were not called for this year, it still received a total of 2 submissions including one from Penrith City Council which reaffirmed Council’s support for its current categorisation and the approach to the setting of Mayor and Councillor Fees.

 

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011.  The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Labour Price Index, the Tribunal found that the full increase of 2.5 per cent available to it is warranted and so determined.

 

Background

The Tribunal is constituted in accordance with the Local Government Act 1993. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each Category.

 

The Tribunal is required to make an annual determination by no later than 1 May each year, which takes effect from 1 July in that year.  Section 239 of the Local Government Act 1993 also requires that the Tribunal must determine Categories of Councils and Mayoral offices at least once every 3 years.

 

In 2009, the Tribunal undertook a review of categories and found that there was no strong case to significantly alter the current categories of Mayoral offices and Councillor. The Tribunal did however decide to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” which indicates “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”. Council has maintained this category since 2009.

 

Current 2014 Review

On 20 January 2014 the Tribunal wrote to all Mayors advising of the commencement of the 2014 annual review of the minimum and maximum fee levels for each category. The Tribunal noted that it is aware of a number of initiatives which are currently under way in regards to improving the strength and effectiveness of local government in NSW. The Tribunal further noted that the Independent Local Government Review Panel and the Local Government Acts Tasks Force have made a series of recommendations, some of which may have an affect on remuneration for Mayors and Councillors

 

The Tribunal acknowledged that any review, decisions of implementation of any of the proposed reforms would not be finalised at the time the Tribunal made its determination. Given the significant work still to be undertaken by both the Government and local councils to drive and deliver any reform the Tribunal did not seek general submissions, however were open to any issues of concerns to be raised.

 

Local Government Remuneration Tribunal Determination for 2014

On 24 April 2014 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the ensuing year (1 July 2014 to 30 June 2015). A full copy of the Tribunal’s determination can be found attached to this Report.

 

The Tribunal has advised that despite not calling for submissions from individual Councils; that two general submissions were received (including one from Penrith City Council). The Tribunal’s Report highlights that the submissions received supported the full increase in the fees payable to Mayors and Councillors being passed on. The submissions also addressed the following issues:-

 

·    Benchmarking mayoral and councillor fees with that of a State Member of Parliament

·  Professional remuneration structure for councillors to improve accountability and performance

 

On 22 June 2011 the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011.  The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (similar to the remuneration for members of Parliament, public sector executives etc).

 

While the Tribunal must have regard to the provisions of the existing Local Government Act, it does acknowledge that some of the proposed roles and responsibilities of Mayors and Councillors suggested by the current reform proposals, if introduced would likely have an impact on the workload, skills and capabilities required of elected representatives. The Tribunal have undertaken to continue to monitor the progress of reform.

 

After consideration of the abovementioned reforms, legislation and taking into account the key economic indicators including the Consumer Price Index and Wage Index the Tribunal found that the full increase of 2.5 per cent available was warranted.

 

Mayor and Councillor Fees for 2014/2015

The Council’s Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”. In respect of the Deputy Mayor the Council’s Policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

 

The Tribunal does not set a fee for a Deputy Mayor; however it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

 

It has also been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2014/2015 are based on this practice continuing.

 

The Tribunal has determined the following range of fees for the Category of “Metropolitan Major” Councils (Blacktown and Penrith):

 

Councillor Annual Fee – Minimum $16,280 & Maximum of $26,880

Mayor Additional fee* - Minimum $34,600 & Maximum of $78,300

*This fee must be paid in addition to the Mayor as a Councillor

 

Conclusion

 

In light of the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2014/2015 be set at the maximum level determined by the Tribunal.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015 be received.

2.    The fees payable to the Mayor and Councillors for 2014/2015 be set at the maximum level permitted.

 

 

ATTACHMENTS/APPENDICES

1.  

Local Government Remuneration Tribunal Decision 2014

11 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

12

Amendment to the Council's 2014 Meeting Calendar   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's reporting system and meeting processes

      

 

Executive Summary

The report proposes an amendment to the Council’s 2014 Meeting Calendar which was adopted at the Ordinary Council Meeting of 25 November 2013.

The report recommends that the Policy Review Committee Meeting scheduled for 16 June 2014 be transferred to 30 June 2014 because of the National General Assembly being held in Canberra from 15-18 June 2014.

Background

From time to time amendments are required to Council’s adopted meeting calendar. Due to the National General Assembly in Canberra occurring on the same evening as a Policy Review Committee this year it is proposed to amend the Council’s meeting calendar.

 

Current Position

Under the adopted Council Meeting Calendar for 2014 a Policy Review Committee Meeting is currently scheduled for 16 June 2014, with a Briefing scheduled for 30 June 2014. Given that the National General Assembly in Canberra will be held from 15-18 June 2014, it would be more appropriate to hold the Councillor Briefing on 16 June 2014 and move the Policy Review Committee Meeting to 30 June 2014.

 

A copy of the revised 2014 Meeting Calendar incorporating the change of date for the Policy Review Committee meeting is appended to this report.

 

Conclusion

The proposed change to Council’s meeting calendar will not affect any of Council’s statutory obligations and should the proposed amendment be adopted tonight the changes will be notified in local papers and on Council’s website.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Amendment to the Council's 2014 Meeting Calendar be received.

2.    Council’s meeting calendar be amended to schedule a Policy Review Committee Meeting on 30 June 2014 and a Councillor Briefing on 16 June 2014.

 

 

ATTACHMENTS/APPENDICES

1.  

Proposed Amended 2014 Meeting Calendar

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  26 May 2014

Appendix 1 - Proposed Amended 2014 Meeting Calendar

 

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Ordinary Meeting                                                                                                    26 May 2014

 

 

 

13

RFT1314-12 Auditing Services   

 

Compiled by:               Brett Richardson, Financial Accountant

Andrew Moore, Financial Services Manager

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

A tender for the provision of Financial Auditing Services to Council and its related entities (Penrith Whitewater Stadium, Penrith Performing and Visual Arts, and Penrith Aquatic and Leisure Limited (including Ripples)) was advertised in the Western Weekender on 11 April 2014 and the Sydney Morning Herald on 15 April 2014.

 

This report advises Council of the outcome of the tender process, and recommends that the tender from Hills Roger Spencer Steer be accepted as the successful tender for the provision of Auditing Services to Council for the next 6 years.

Background

Council is required under Section 422 of the Local Government Act 1993 to appoint a suitably qualified person as its auditor. The auditor reports to the elected Council on the General Purpose and Special Purpose Financial Reports of the Council prepared annually in accordance with the Act. Under the Act, the appointment of Auditors is mandated for a period of six (6) years.

 

The Request for Tender requested that tenderers to provide pricing for auditing services to Council and its related entities (Penrith Whitewater Stadium, Penrith Performing and Visual Arts, and Penrith Aquatic and Leisure Limited (including Ripples), priced individually. Any decision to accept the preferred offer will be referred to the entity’s Boards with no requirement for them to engage Council’s auditor.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Andrew Moore (Financial Services Manager), Brett Richardson (Financial Accountant) and Michael Doggett (Supply Co-ordinator).

 

Tender Evaluation Criteria

 

The selection criteria advertised and used in selecting the successful tenderer were:

 

1.   Company Information (Not Scored)

2.   Conformance, Acceptance and Declaration

3.   Capacity – including quality and availability of workforce

4.   Quality and depth of audit performance and experience

5.   Proposed audit plan

6.   Valued added services

7.   Technical expertise

8.   Business References

9.   Completion of Forms

10. Compliance Statement

11. Demonstrated Ability

12. Financials

13. Quality Assurance Systems

 

Summary of Tenders Received

A total of six (6) tenders were received by the closing date of the advertised tender, and are listed below in alphabetical order:

 

Name

Business Address

Owners/Directors

BDO East Coast Partnership

Level 11 , 1 Margaret Street, Sydney, NSW, 2000

Andre Spnovic; Carlo Moretti; Chris Freckmann; Fady Abi Abdallah; Graham Wakeman; Hannah Soh; Marcus Leonard; Michael Grant; Neil Billyard; Paul Lyon; Tony Sloan; Andres Reith; Brian Greenacre; Chris Allen; Christine Park; Grant Pyne; Helen Argiris; Jennifer Nairne; Julie Hough; Kieran Gould; Chris Brant; Dan Taylor; David McCourt; Mark Thomas; Sebastian Stevens; Atle Crowe-Maxwell; James White; Sean Pascoe; Tim Sydenham; Arthur Milner; Craig Maxwell; Grant Saxon; Ian Hooper; John Bresolin; Paul Bull; Paul Cheeseman; Chris Allen; Jenifer Nairne; Bruce Gordon; Chris Vittas; David Blake; John Kelly; Kumar Krishnasamy; Raffi Tenenbaum; Bruce Growcott; Rod Naismith; Simon Marsh; Andrew Morgan; David Ferrier; Dennis Turner; Luke Targett; Rachel Burdett-Baker; Alex Swansson; David Garvey; James Mooney; Richard Dean; Simon Scalzo; Tom Fazio

Intentus Pty Ltd

Level 1, 291 Stewart St, Bathurst, NSW, 2795

John Damian O'Malley - Director
Leanne Rachel Smith - Director

 

Hills Rogers Spencer Steer

Level 5, 1 Chifley Square, Sydney, NSW, 2000

Xavier Ugarte, Ferdinando Scali, John Wilcox, Garvin Jones, Graham Steer, Stephen Fitzsimons, Brett Hanger, Gary Mottau and Vishal Modi

 

Pitcher Partners

LEVEL 22, 19 MARTIN PLACE, SYDNEY, NSW, 2000

Brendan Jones, Carl Millington, David W S. Staples, Deborah Cartwright, Mark Godlewski, Paul Glover, Paul Weston

Pricewaterhouse Coopers

201 Sussex Street, Sydney, NSW, 2000

Executive Board - Luke Sayers, Richard Deutsch, Peter van Dongen, Debra Eckersley, Helen Fazzino, Sean Gregory, Sammy Kumar, Mike McGrath, Tony Peake, Tom Seymour, Mary Waldron, David Wills, James Collins

UHY Haines Norton

Level 11, 1 York Street
Sydney NSW 2000

 

Mark Nicholaeff, Alan Saidman, Antoine Chui, Belinda Cheung, Cecil Levy, Franco Giannuzzi,
Matthew Lewis

Tenderers were requested to complete a price table for Auditing Services for Council and it’s related entities, individually priced. They were also required to provide a price for the provision of operational audits which may be required (outside the scope of this RFT) and include a statement of their capability and the hourly fees which would be charged for such an assignment.

 

 Pricing Table (all prices exclude GST)

 

BDO East Coast Partnership

Intentus Pty Ltd

Hills Rogers Spencer Steer

Pitcher Partners

Pricewater-house Coopers

UHY Haines Norton

Penrith City Council

$70,000

$65,900

$60,000

$70,000

$75,000

$54,000

Penrith Whitewater Stadium

$15,000

$12,800

$11,000

$10,000

$18,000

$12,000

Penrith Performing and Visual Arts

$15,000

$10,510

$13,000

$15,000

$18,000

$9,000

Penrith Aquatic and Leisure Limited (including Ripples)

$15,000

$10,260

$11,000

$10,000

$18,000

$9,500

Total

$115,000

$99,470

$95,000

$105,000

$129,000

$84,500*

* shown as $85,500 in the tender documentation

 

After the first round of reviews, the following tenderers did not proceed further through the consideration process. A brief commentary as to why these firms did not proceed through the process is also provided:

 

BDO East Coast Partnership

 

Higher cost of the tender and limited experience in financial auditing services for Local Government compared to the tenderers shortlisted. BDO has mainly provided internal audit functions and provided limited detailed responses on a tailored audit approach for Council.

 

Intentus Pty Ltd

 

Higher cost of the tender, limited experience auditing organisations of Council’s size compared to the tenderers shortlisted. Questions were also raised about the ability of the firm to provide a desired level of service based on the time allocated (10 days, compared to at least 15 days for the shortlisted tenderers) to provide auditing services in the submitted tender

 

UHY Haines Norton

 

Limited experience auditing organisations of Council’s size, and questions about the ability of the firm to provide a desired level of service based on the time allocated (10 days, compared to at least 15 days for the shortlisted tenderers) to provide auditing services in the submitted tender and the quoted price

The short-listed applicants were PricewaterhouseCoopers, Pitcher Partners, and Hill Rogers Spencer Steer. The analysis of these three firms is detailed below:

 

Hill Rogers Spencer Steer (HR-SS)

Staff at HR-SS have strong Local Government experience and are well known in the industry. It is noted that this tenderer has quoted with the lowest cost of the shortlisted tenderers. The review of the documentation provided by HR-SS as part of the tender process found no concern as to the ability of the firm to provide a quality service to Council and fully comply with the auditing requirements of Council. The quoted price from HR-SS represents strong value for money for Council and its related entities and on this basis is the recommended tenderer.

 

PricewaterhouseCoopers

PricewaterhouseCoopers (PwC) is the current supplier of financial auditing services to Council. It was also noted in PwCs tender documentation that Council’s long-time contact with the firm, Dennis Banicevic, has been nominated as the Engagement Consultant and a new contact has been nominated as the Audit Manager. The quoted price from PwC was significantly higher than quoted prices from other tenderers. While the issue of staff allocated to Council’s financial audits by PwC was not considered detrimental to their audit submission, the combination of this uncertainty, along with the highest tendered amount for Council ($75,000) which did not represent value for money, resulted in the elimination of PwC at this stage.

 

Pitcher Partners

Pitcher Partners have a strong history of Local Government experience and are well known in the industry. The review of the documentation provided by Pitcher Partners as part of the tender process confirmed that the firm has the ability to provide a quality service to Council and fully comply with the auditing requirements of Council. Given the pricing provided to Council of $70,000, it was considered that better value for money would be achieved by appointing the preferred recommended tenderer.

 

Based on the review of all tenderers, and the information submitted as part of the tender process, it is recommended that the tender for the supply of financial auditing services from Hill Rogers Spencer Steer be accepted.

 

Financial Services Manager’s Comment

The acceptance of the tender from Hill Rogers Spencer Steel (HR-SS) represents the best value for money, and is a significant saving on the current fee Council pays for its financial auditing services. The costs of auditing services for Council’s related entities will also decrease under the HR-SS tender. It is noted that this tenderer has provided the second lowest cost, however the review of the documentation provided by HR-SS as part of the tender process confirmed the ability of the firm to provide a quality service to Council and fully comply with the auditing requirements of Council. Staff at HR-SS have strong Local Government experience and are well known in the industry. The firm has a large number of Local Government clients including Burwood, Hurstville, Manly, Pittwater, Waverly, and Wollongong Councils. HR-SS also has clients in the NSW Government sector. The quoted fee for Council of $60,000 from HR-SS can be accommodated within the Operational Plan, and this fee (taking into account CPI increases) will be included in future year’s Operational Plans for the term of the contract.

 

 

 

 

 

Tender Advisory Group Comments

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the provision of Auditing Services.

 

The TAG supports the methodology and the recommendations made by the Tender Evaluation Panel.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT1314-12 Auditing Services be received.

2.    The tender in the amount of $60,000 per year (exclusive of GST, indexed by CPI each year), for Council from Hill Rogers Spencer Steer be accepted for the provision of Financial Auditing Services.

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

4.    Council officers write to Council’s related entities with the outcome of the audit process, and advise them of the option of directly accepting the offer from Hill Rogers Spencer Steer.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 May 2014

 

 

 

14

Summary of Investments for the period of 1st April - 30th April 2014   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We have confidence in our Council

Strategy

Ensure our finances and assets are sustainable and services are delivered efficiently

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary:

The purpose of this report is to provide a summary of investments for the period 1 April 2014 to 30 April 2014 and a reconciliation of invested funds at 30 April 2014.

The report recommends that the information contained in the report be received.

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2014.

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Summary of Investments for the period of 1st April - 30th April 2014 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2014 to 30 April 2014 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2014 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments & Banking

4 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 May 2014

Appendix 1 - Summary of Investments & Banking

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 26 2014

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Potential Disposal for Development of 21 - 25 Woodriff Street, Penrith                           2

 

3        Facility Management                                                                                                          2

 

4        Commercial Matter - Council Property - Leasing of Shops 4 and 5/140-142 Henry Street (Allen Arcade), Penrith to Wiseberry Penrith                                                                               2

 

 

 

 

 


Ordinary Meeting                                                                                                    26 May 2014

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·                          reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 1

 

2        Potential Disposal for Development of 21 - 25 Woodriff Street, 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        Facility Management

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

 

Outcome 7

 

4        Commercial Matter - Council Property - Leasing of Shops 4 and 5/140-142 Henry Street (Allen Arcade), Penrith to Wiseberry Penrith

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

 

 


 

ATTACHMENTS   

 

 

Date of Meeting:     Monday 26 May 2014

Report Title:            Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith

Attachments:           DA13/1466 - Locality Plan

                                DA13/1466 - Site Plan

                                DA13/1466 - Front and Rear Elevations

                                DA13/1466 - Left and Right Elevations

                                DA13/1466 - First Floor Plan

                                DA13/1466 - Ground Floor Plan

                                DA13/1466 - Landscape Plan



Ordinary Meeting                                                                                                                  26 May 2014

Attachment 1 - DA13/1466 - Locality Plan

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 2 - DA13/1466 - Site Plan

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 3 - DA13/1466 - Front and Rear Elevations

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 4 - DA13/1466 - Left and Right Elevations

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 5 - DA13/1466 - First Floor Plan

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 6 - DA13/1466 - Ground Floor Plan

 

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Ordinary Meeting                                                                                                                  26 May 2014

Attachment 7 - DA13/1466 - Landscape Plan

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 26 May 2014

Report Title:            Repeal of Section 18C of the Racial Discrimination Act

Attachments:           Australian Human Rights Commission - Analysis of Changes to Part IIA of the Racial Discrimination Act 1975



Ordinary Meeting                                                                                                                  26 May 2014

Attachment 1 - Australian Human Rights Commission - Analysis of Changes to Part IIA of the Racial Discrimination Act 1975

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 26 May 2014

Report Title:            Organisation Performance Report - March 2014

Attachments:           Organisational Performance - March 2014



Ordinary Meeting                                                                                                                  26 May 2014

Attachment 1 - Organisational Performance - March 2014

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 26 May 2014

Report Title:            Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015

Attachments:           Local Government Remuneration Tribunal Decision 2014



Ordinary Meeting                                                                                                                  26 May 2014

Attachment 1 - Local Government Remuneration Tribunal Decision 2014

 

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ATTACHMENT       

 

 

 


Date of Meeting:     26 May 2014

 

Delivery Program:   Outcome 7 

 

Service:                   Financial Services

 

Report Title:             2013-2014 Voted Works