20 August 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 25 August 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 Greg Davies - 25 August 2014.

Councillor Jim Aitken OAM - 25 August 2014.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 28 July 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

Proposed Amendment to the City of Sydney Amendment (Elections) Bill 2014 and Consequential Provisions.

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 4 August 2014.

Policy Review Committee Meeting - 11 August 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 August 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 and amended by Council on 26/5/14)

 

 

 

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

30

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 JULY 2014 AT 7:35PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

 

APOLOGIES

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 June 2014

193  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the minutes of the Ordinary Meeting of 23 June 2014 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 4 – 2014/15 Nation Building Black Spot Program – Acceptance of Funding, as he lives in the area covered by Projects that have been submitted to the Program for funding, and stated that he would leave the meeting during consideration of this item.

 

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee meeting held on 11 June 2014 

194  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Maurice Girotto that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 11 June, 2014 be adopted.

 

 


 

2        Reports and Recommendations of the Penrith Community Safety Partnership Meeting held on 25 June 2014                                                                                                        

195  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 25 June, 2014 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 30 June 2014                                                                                                                                     

196  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 30 June, 2014 be adopted.

 

4        Report and Recommendations of the Local Traffic Committee Meeting held on 7 July 2014                                                                                                                                     

197  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 July, 2014 be adopted.

 

5        Report and Recommendations of the Policy Review Committee Meeting held on 14 July 2014                                                                                                                                     

198  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 July, 2014 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Property Matter - 21 - 25 Woodriff Street, Penrith                                                        

199  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that finalisation of this matter be deferred to allow the proponents who submitted an Expression of Interest to present their proposals to a Councillor Briefing, and a subsequent report then be presented to Council recommending a proposed course of action.

 


 

Outcome 2 - We plan for our future growth

 

2        Development Application DA14/0216 proposed first and ground floor additions Lot 28 DP 2067074 (No. 47) Ladbury Avenue, Penrith Applicant: Aaron Campisi;  Owner: ~Aaron Campisi                                                                                                                               

 

200  A MOTION was moved by Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch:

That:

1.     The information contained in the report on Development Application DA14/0216 proposed first and ground floor additions Lot 28 DP 2067074 (No. 47) Ladbury Avenue, Penrith be received.

2.     Council adopt as an ‘interim position’ for the purposes of the Flood Policy whereby upper floor additions will not be considered as ‘new development’ provided:

a.        The first floor additions are above the Flood Planning Level and

b.        The additions and alterations do not increase the building footprint at ground level.

3.    The issue of residential alterations and additions be reported to the Floodplain Management Working Party and that the matter be reported to Council’s Policy Review Committee.

4.     The DA14/0216 for Residential First Floor additions at Lot 28 DP 206707, 47 Ladbury Avenue, Penrith be determined under delegated authority of the Manager, Development Services.

 

An AMENDMENT was moved by Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that consideration of this matter be deferred.

Upon being PUT to the meeting, the AMENDMENT was LOST.

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

For

Against

 

Councillor Kevin Crameri OAM

Councillor Prue Car

Councillor Maurice Girotto

Councillor Greg Davies

Councillor Jackie Greenow OAM

Councillor John Thain

Councillor Michelle Tormey

Councillor Karen McKeown

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies         

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Upon being PUT to the meeting, the MOTION was CARRIED.

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

For

Against

 

Councillor Prue Car

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Maurice Girotto

Councillor John Thain

Councillor Jackie Greenow OAM

Councillor Karen McKeown

Councillor Michelle Tormey

Councillor Jim Aitken OAM

 

Councillor Mark Davies         

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

Outcome 3 - We can get around the City

 

3        Tender Reference 13/14-10: Provision of Premixed Concrete                                    

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

That:

1.    The information contained in the report on Tender Reference 13/14-10: Provision of Premixed Concrete be received.

2.    PF Concrete NSW Pty Ltd be appointed as the preferred contractor for the supply and delivery of Premixed Concrete for a period of three (3) years with an option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance, allowing for rise and fall provisions.

 

Having previously declared a Pecuniary Interest in Item 4, Councillor Kevin Crameri OAM left the meeting, the time being 8:00pm.

 

4        2014/15 Nation Building Black Spot Program - Acceptance of Funding                    

202  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.    The information contained in the report on 2014/15 Nation Building Black Spot Program - Acceptance of Funding be received.

2.    Council accept grant funding of $565,000 offered for the three successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Nation Building Black Spot Program for the 2014/15 financial year.

3.    Council write to the Federal Member for Lindsay, Ms Fiona Scott MP, thanking her for the level of funding and continued support of road safety improvements.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:01pm.

 

5        Federal Government '2015-16 Nation Building Black Spot Program' Nominations 

203  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Federal Government '2015-16 Nation Building Black Spot Program' Nominations be received.

2.    Council endorse the five projects listed in Table 1 of this report for submission to the Roads and Maritime Services for funding under the Federal Government’s 2015/16 ‘Nation Building Black Spot Program’.

 

 

Outcome 5 - We care about our environment

 

6        Waste Less, Recycle More - a five-year $465.7 million waste and resource recovery initiative                                                                                                                              

204  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Waste Less, Recycle More - a five-year $465.7 million waste and resource recovery initiative be received.

 

7        Penrith City Council's inspection regimes for unregistered brothels and tattoo premises in Council's Local Government Area                                                                              

205  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain that the information contained in the report on Penrith City Council's inspection regimes for unregistered brothels and tattoo premises in Council's Local Government Area be received.

 

 

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

 

8        NSW State Government Reform of Specialist Homelessness Services                    

206  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Prue Car

That:

1.      The information contained in the report on NSW State Government Reform of Specialist Homelessness Services be received.

2.      Council write to the Member for Penrith, the Hon Stuart Ayres MP and the Member for Lindsay, Fiona Scott MP seeking recurring funding for the specialist homelessness services in the Penrith local government area beyond the current three years, and requests further information from State Members regarding the District Homelessness Implementation Group (DHIG) previously the Greater Western Sydney Regional Homelessness Committee.

 


 

9        John Maclean - Participation in 2014 Nepean Triathlon                                               

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

That:

1.    The information contained in the report on John Maclean - Participation in 2014 Nepean Triathlon be received.

2.    An amount of $5,000 be allocated, equally from each Ward’s voted works, to assist John Maclean with costs associated with his participation in the very last group of the 2014 Nepean Triathlon, “The John Maclean Wave”, on Sunday 26 October 2014.

 

 

Outcome 7 - We have confidence in our Council

 

10      2013-14 Borrowing Program                                                                                            

208  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM

That:

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

2.    Council be advised that ANZ was the successful lender for the 2013-2014 borrowings.

3.    Council be advised when the outcome of round 3 LIRS is determined.

 

 

11      Summary of Investments and Banking for the period of 1 June to 30 June              

209  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM

That:.

1.    The information contained in the report on Summary of Investments and Banking for the period of 1 June to 30 June be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 June 2014 to 30 June 2014 be noted and accepted.

3.    The graphical investment analysis as at 30 June 2014 be noted.

4.    The Agency Collection Methods as at 1 June to 30 June 2014 be noted.

 

 


 

12      Local Government NSW Annual Conference 2014                                                       

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

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2014 be received.

2.    The Issue detailed below be submitted for inclusion in the 2014 Local Government NSW Annual Conference Business Paper prior to 1 August 2014:

 

ISSUE 2 - ECONOMIC

 

Subject:

 

Review of the Department of Planning and Infrastructure’s Planning Reform Fund Fee.

 

Issue Details:

 

That Penrith City Council call on the NSW State Government to:

 

1.   Increase the $50,000 threshold for the applicability of the Planning Reform Fund to better reflect an appropriate scale for development within which the Fund should apply.

 

2.   Review the remittance for the Planning Reform Fund so that developments of a larger scale do not result in such a high proportion of the DA fee being forwarded to the Department.

 

3.   Re-evaluate the need for the Planning Reform Fund in consultation with Local Government.

 

4.   Approve that all Councils be able to document and include the Planning Reform Fund in their fees and charges and collect this fee in addition to the maximum DA fee.

 

5.   Request the Department of Planning and Infrastructure develop more transparent guidelines, as to how the fee is used and how Councils who are contributing significant returns to the Department are provided with an equitable amount of funding in return.

 

6.   Provide an audited statement of the income and expenditure of monies raised.

 

7.   Advise Council that as the Planning Reform Fund was to fund planning reform, when will it cease.

 

 

 

 


 

REQUESTS FOR REPORTS AND MEMORANDUMS & URGENT BUSINESS

 

RR 1           Oxford Street, Cambridge Park - Provision of Ramps                                        

Councillor Marcus Cornish requested a memo reply to all Councillors concerning the provision of ramps in Oxford Street, Cambridge Park to match the newer footpaths for use by prams and mobility scooters.

 

RR 2           Carbon Tax Repeal                                                                                                  

Councillor Bernard Bratusa requested a report to Council concerning Council’s plans to pass on savings to ratepayers as a result of the repeal of the Carbon Tax.

 

 

UB 1           RFS Fundraising Event - 10 August 2014                                                             

Councillor Ben Goldfinch requested that an amount of $290 be allocated equally from each Ward’s voted works to pay for  hall hire for the Berkshire Park RFS Brigade’s fundraising event, to be held on 10 August 2014.

 

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

 

 

212  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Kevin Crameri OAM  that an amount of $290 be allocated equally from each Ward’s voted works to pay for  hall hire for the Berkshire Park RFS Brigade’s fundraising event, to be held on 10 August 2014.

 

RR 3           Marrett Way, Cranebrook - Speeding Vehicles                                                    

Councillor John Thain requested that the matter of speeding vehicles in Marrett Way, adjoining Callisto Drive, Cranebrook, be referred to the Local Traffic Committee for investigation into the possibility of providing traffic calming measures in this area.

 

Councillor Ben Goldfinch left the meeting, the time being 8:39 pm.

 

RR 4           Development Matter                                                                                                

Councillor Kevin Crameri OAM requested a report to Council on the use of evidence in Court in regard to the appropriateness of size of proposed property extensions on flood liable land, and the policy as to the limit of 30 square metres, as the number of residents in a house on flood liable land may exceed safe levels if flood rescue is required.

 

RR 5           Wooden Railing Fencing in Glenmore Park                                                         

Councillor Mark Davies requested a memo reply to all Councillors concerning Council’s policy with regard to the maintenance and repair of the wooden railing fencing throughout Glenmore Park.


 

Councillor Ben Goldfinch returned to the meeting, the time being 8:41 pm.

 

RR 6           Bridge Crossing Linking Penrith Lakes to Emu Plains                                      

Councillor Greg Davies requested a report to Council outlining the economic and traffic management benefits of providing another bridge crossing joining Penrith Lakes to Emu Plains, with the report to include possible route and costings of the proposed bridge.

 

RR 7           Noise and Safety Barrier - Northern Road at Jordan Springs                           

Councillor Prue Car requested a report to Council investigating the feasibility of, and costs associated with, providing a noise and safety barrier along the Northern Road at Jordan Springs, the report to canvass all possible options available to RMS, Council and Lend Lease, including physical barriers and landscaping works.

 

RR 8           Pedestrian Crossing - Lakeside Parade, Jordan Springs                                   

Councillor Prue Car requested that the matter of the removal of the pedestrian crossing in front of the shopping centre on Lakeside Parade, Jordan Springs be referred to the Local Traffic Committee for investigation with a view to either removing the faded crossing lines, or reinstating the pedestrian crossing.

 

RR 9           Bus Stops - Shopping Centre and Jordan Springs                                             

Councillor Prue Car requested that the relocation of bus stops near the Jordan Springs shopping centre from Jordan Springs Boulevard to Lakeside Parade be referred to the Local Traffic Committee for investigation, as the current bus stops are not located near the entrance to the shopping centre.

 

RR 10         Lighting at Watergum Park in Jordan Springs                                                    

Councillor Prue Car requested that Council investigate providing lighting at Watergum Park in Jordan Springs due to residents’ concerns with regard to antisocial behaviour in the area.

 

RR 11         Shopping Centre - Hewitt Street, Colyton                                                            

Councillor Prue Car requested a report to Council investigating a range of issues affecting businesses in the shopping centre at Hewitt Street, Colyton, after consultation with business owners, with the report to also address the following issues:

·    Improvements needed to the footpath surrounding the centre;

·    Improvements required on the grassed nature strip, which is bare and dusty;

·    The possibility of working with the property owners to repaint the centre;

·    The history of the closing of Jensen Street and feasibility of re-opening it; and

·    Improvements to street signage.

 

 


 

UB 2           Leave of Absence request                                                                                      

Councillor Greg Davies requested a Leave of Absence for 11 August 2014.

213  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

214  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Councillor Greg Davies be granted Leave of Absence for 11 August 2014.

 

 

UB 3           Leave of Absence request                                                                                      

Councillors Greg Davies and Jim Aitken OAM requested a Leave of Absence for 25 August 2014.

215  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown  that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

 

216  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Councillors Greg Davies and Jim Aitken OAM be granted Leave of Absence for 25 August 2014.

 

 

 

Committee of the Whole

 

217  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:51pm.

 

Councillors Prue Car, Ben Goldfinch, Greg Davies, Karen McKeown, Kevin Crameri OAM, Michelle Tormey and John Thain left the meeting, the time being 8:51pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jim Aitken 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        Status of Lease Assignment between Rivers (Aust.) Pty Ltd and Specialty Fashion Group Limited and Council over 118 Henry Street Penrith                                                     

 

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

 

3        Commercial Matter - Smart Work Hub - Provide Financial Assistance in accordance with Section 356 of the Local Government Act 1993                                                            

 

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

 

4        Commercial Matter - Council Property - New Short Term Lease to Supremacy Funerals Incorporating John Price & Son over 42-44 Station Street Penrith                            

 

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

 

 

Outcome 4

 

5        Council's Security Contract                                                                                             

 

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

 

6        Litigation and Compliance Matters                                                                                 

 

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

 

 

 

 

 

 

The meeting resumed at 9:13pm and the General Manager reported that the Committee of the Whole met at 8:51pm on 28 July 2014, the following being present

 

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

 

Councillors Kevin Crameri OAM, Ben Goldfinch, Karen McKeown, Michelle Tormey, John Thain and Greg Davies returned to the meeting, the time being 8:55pm.

 

Councillor Greg Davies left the meeting, the time being 8:59pm.

Councillor Ben Goldfinch left the meeting, the time being 8:59pm.

Councillor Prue Car returned to the meeting, the time being 9:00pm.

Councillor Ben Goldfinch returned to the meeting, the time being 9:00pm.

Councillor Greg Davies returned to the meeting, the time being 9:00pm.

 

 

 

2        Status of Lease Assignment between Rivers (Aust.) Pty Ltd and Specialty Fashion Group Limited and Council over 118 Henry Street Penrith                                                     

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

CW2 That:

1.    The information contained in the report on Status of Lease Assignment between Rivers (Aust.) Pty Ltd and Specialty Fashion Group Limited and Council over 118 Henry Street Penrith be received.

2.    Council grant a new 5 year Lease as outlined in the report.

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

 

Councillor Bernard Bratusa requested that his name be recorded as having voted AGAINST the MOTION.

 


 

3        Commercial Matter - Smart Work Hub - Provide Financial Assistance in accordance with Section 356 of the Local Government Act 1993                                                            

RECOMMENDED on the MOTION of Councillor Michelle Tormey seconded Councillor Tricia Hitchen

CW3 That:

1.    The information contained in the report on Commercial Matter - Smart Work Hub - Provide Financial Assistance in accordance with Section 356 of the Local Government Act 1993 be received.

2.    Authority be given to the General Manager to execute the funding agreement with Trexzon Pty Ltd for the establishment and operation of a Smart Work Hub in the sum referred to in the report on  Commercial Matter - Smart Work Hub - Provide Financial Assistance in accordance with Section 356 of the Local Government Act 1993.

 

 

4        Commercial Matter - Council Property - New Short Term Lease to Supremacy Funerals Incorporating John Price & Son over 42-44 Station Street Penrith                            

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Michelle Tormey

CW4 That:

1.    The information contained in the report on Commercial Matter - Council Property - New Short Term Lease to Supremacy Funerals Incorporating John Price & Son over 42-44 Station Street Penrith be received.

2.    Council grant a new two year lease with no options to Supremacy Funerals Incorporating John Price & Son.

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

 

 

5        Council's Security Contract                                                                                             

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Greg Davies

CW5 That the information contained in the report on Council's Security Contract be received.

 

6        Litigation and Compliance Matters                                                                                 

RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

CW6 That

1.    The information contained in the report on Litigation and Compliance Matters be received.

2.    A memo be provided to all Councillors in relation to a landuse matter affecting a property in Galvin Road, Llandilo.

 

ADOPTION OF Committee of the Whole

 

218  RESOLVED  on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6  be adopted.

 

 

RR 12         Cost of Goods supplied to Child Care Centres                                                   

Councillor Greg Davies requested a report to Council detailing the actual cost of supply of goods to child care centres, compared to the costs detailed in the tender report that was presented to Council’s Ordinary Meeting of 24 June 2013.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:17pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

·       Organisation or group they are representing (if applicable);

 

·       Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·       Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·The interest of the speaker (e.g. affected person, neighbour, applicant,           applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Notices Of Motion

 

Item                                                                                                                                                Page

 

1        Proposed Amendment to the City of Sydney Amendment (Elections) Bill 2014 and Consequential Provisions                                                                                                                           1

 

 

 



Ordinary Meeting                                                                                              25 August 2014

Notice of Motion

1          Proposed Amendment to the City of Sydney Amendment (Elections) Bill 2014 and Consequential Provisions            

 

 

 

 

Councillor John Thain TO MOVE

 

 

“That Penrith City Council submits a Motion to Local Government New South Wales (LGNSW) calling on LGNSW to strongly oppose the introduction by the NSW State Government of the City of Sydney Amendment (Elections) Bill 2014, and the potential extension of that Bill to other local government areas”.

 

Note by Councillor John Thain

 

It is of concern that the NSW State Government has introduced a Bill into the NSW Parliament without prior consultation with the local government industry. It is also of concern that the Bill makes a provision that a Regulation can be made to extend the provisions relating to non-residents to other local government areas, once again without any prior consultation with local government.

 

On 14 August 2014 The Hon Robert Borsak, MLC (Member of the Shooters and Fishers Party) introduced the City of Sydney Amendment (Elections) Bill 2014. The Bill details proposed amendments to the City of Sydney Act 1988 concerning local government elections. Particularly, the Bill details the processes whereby non-resident owners of rateable land will be automatically enrolled to vote at the 2016 Sydney City Council elections. It should be remembered that voting is compulsory at local government elections.

 

The Bill proposes that a corporation and / or owners of non-residential rateable properties are entitled to have up to two votes at an election at Sydney City Council. This proposal appears to add extra responsibilities on a General Manager to prepare the non-residential roll.

 

The Bill also includes the following Section:

 

25 Regulations may apply provisions of this Part to other councils.

 

 

(1)  Regulations made under the Principal Act may apply one or more of the provisions of this part, or any regulations made under this part, (with any specified modifications) to elections for such other local government areas as may be specified in those regulations.

 

 

Note by Senior Governance Officer

 

In submitting Motions to the Conference, LGNSW has stated that all issues must fall under one of the following categories:

 

1.   Industrial relations and employment

2.   Economic

3.   Environmental

4.   Governance / Civic Leadership

5.   Social Policy

 

The above Motion would fall under the category of Issue 4, Governance / Civic Leadership.

 

The Bill currently before the NSW Parliament may have been prompted from a recommendation made by the findings and recommendations from an Inquiry undertaken by the Joint Standing Committee on Electoral Matters (March 2014) following the 2012 local government elections. The following recommendation was made by the Committee in relation to Non-residential voting:-

 

“Recommendation 15 – The Committee recommends that the Government introduce the model used by the City of Melbourne for the City of Sydney in all its respects including the deeming provisions and the compulsory voting aspect for electors on the non-residential roll.

 

As highlighted in the Report by the above Committee “There are two key differences between the residential roll and the non-residential voter rolls. The first is that the non-residential voter rolls lapse after the election for which they are prepared. The second is that the non-residential roll consists only of the names of those voters who have applied for their inclusion on those rolls prior to an election”.

 

The President of LGNSW, Clr Keith Rhoades AFSM provided an email to the Council’s General Manager on 15 August 2014 “While LGNSW is still working through the implications of the detail of the Bill, on first analysis there is reason for Local Government to be very concerned about the potential impact of this Bill across the sector not just the City of Sydney.  As the debate was adjourned for 5 calendar days and as the Legislative Council doesn’t sit again until 9 September, there is time for councils to give LGNSW considered input”.

 

Under Section 22 of the City of Sydney Act 1988, electors whose names are on the residential roll, the non-residential roll or the roll of occupiers and ratepaying lesees must vote at a contested election for the City of Sydney, unless exempt from voting under the Principal Act (the Local Government Act 1993).

 

The above Committee also recommended “Furthermore, the Government consider applying this model in City Council areas with significant economic centres such as Newcastle, Wollongong and Parramatta”.

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 August 2014                                                                                                                                              1

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 11 August 2014                                                                                                                                           15

 

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 4 August, 2014

 

 

 

PRESENT

David Drozd – Traffic Engineering Co-ordinator (Chairperson), Graham Green – Senior Traffic Engineer, Wayne Mitchell – Executive Manager Environment & City Development, Adam Wilkinson – Engineering Services Manager, Ruth Byrnes – Senior Traffic Officer, Daniel Davidson – Traffic and Road Safety Officer, Senior Constable Mark Elliott – St Marys Police, Acting Sergeant James Murray – Penrith Police, Councillor Marcus Cornish, Councillor Tricia Hitchen – Representative for the Member for Penrith, Bernie Meier – Engineering Co-ordinator, Joshua Hull – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, James Suprain – Roads and Maritime Services.

 

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

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

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Autumnleaf Parade, St Clair - Proposed Provision of "No Stopping - Emergency Vehicles Excepted" Parking Restrictions                                                                                      

RECOMMENDED

That:

1.     The information contained in the report on Autumnleaf Parade, St Clair - Proposed Provision of "No Stopping - Emergency Vehicles Excepted" Parking Restrictions be received.

2.     Approximately 45.0m of “No Stopping – Emergency Vehicles Excepted” parking restrictions be installed at the emergency vehicle parking bay opposite house numbers 6 and 8 on Autumnleaf Parade, St Clair.

3.     Council’s St Clair Indoor Sports Complex and Council’s Ranger Services Section be advised of Council’s resolution.

 

 

 

 

 

 

2        Myrtle Road, Claremont Meadows - Proposed Provision of Pedestrian Refuge Facility   

RECOMMENDED

That:

1.     The information contained in the report on Myrtle Road, Claremont Meadows - Proposed Provision of Pedestrian Refuge Facility be received.

2.     The project for the construction of a pedestrian refuge facility on Myrtle Road, Claremont Meadows be entered into Council’s Traffic Facilities Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to prepare a design for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

 

 

3        St Marys Spring Festival & Street Parade on Saturday 6 September 2014 - Amendment to Road Closure Times                                                                                                         

RECOMMENDED

That:

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

2.    Condition (k) of Council’s resolution of 26 May 2014, and subsequently Council’s endorsement letter dated 4 June 2014, be amended as follows:

(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–7.00pm)”

*             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–7.00pm)”.

       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 kerbside 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–7.00pm)”.

3.    The event organiser notify the relevant authorities of the above amendment to the road closure times.

 

 

 

 

4        Ninth Avenue, Llandilo - Xavier College Walkathon on Friday 12 September 2014  

RECOMMENDED

That:

1.     The information contained in the report on Ninth Avenue, Llandilo - Xavier College Walkathon on Friday 12 September 2014 be received.

2.     The event applicant be advised that this is a Class 3 Event under the “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.

3.     The Traffic Management Plan submitted by the event applicant, detailing the proposed event route to be held on Friday 12 September 2014, be endorsed, subject to conditions:

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

b)  The event applicant obtains separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police.  A copy of the NSW Police approval be submitted to Council prior to the event.  The organiser is to ensure that participants obey all Police directions and road rules during the event.

c)  Where Traffic Controllers are to be used, all Traffic Controllers have current Roads and Maritime Services certification.

d)  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.  Should a matter not be able to be resolved, the event may be postponed.

e)  The event applicant notifies private bus companies of the proposed event and submits a copy of this notification to Council prior to the event.

f)  The event organiser notifies 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 submits a copy of this notification to Council prior to the event.

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

 

 

 

 

 

 

 

 

 

5        Sydney International Regatta Centre - Western Sydney Marathon on Saturday 4 October 2014                                                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Sydney International Regatta Centre - Western Sydney Marathon on Saturday 4 October 2014 be received.

2.     Approval be given for the temporary closure of Old Castlereagh Road, from SIRC Gate B to near its termination, from 4.30am to 2.00pm on Saturday 4 October 2014 for the marathon and half marathons of the “Western Sydney Marathon”, subject to the following conditions:

a)   The event applicant be advised that this is a Class 2 Event under the “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)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services and the Transport for NSW Traffic Management Centre for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

c)  The event applicant obtains separate approval from the NSW Police and submits 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.

d)  The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

e)  A detailed Traffic Control Plan 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.

f)  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.

g)  The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

h)  The event applicant advertise the proposed temporary road closure 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.

i)   The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

j)   The event applicant notifies private bus companies of the proposed event and submits 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 be required to be submitted to the next available Local Traffic Committee meeting.

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

m)     The event applicant ensures that competitors obey road rules and Police directions during the event.

n)  Any affected properties along the event route, including the Castlereagh Christian Conference Centre, be advised of the proposal by the applicant.

3.     All works as part of this approval be conducted at no cost to Council.

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

 

 

6        Ride to Conquer Cancer - Saturday 11 October & Sunday 12 October 2014            

LTC Comment

The Committee raised concerns regarding cyclist safety along some sections of this event, particularly on the State roads of Mamre Road and Castlereagh/Cranebrook Roads.  It is noted that separate Police and RMS approval is required within the conditions of approval.

 

RECOMMENDED

That:

1.     The information contained in the report on “Ride to Conquer Cancer - Saturday 11 October & Sunday 12 October 2014 be received.

2.     The event applicant be advised that this is a Class 2 Event under the “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.

3.     The Traffic Management Plan submitted by the event applicant, detailing the proposed route for the “Ride to Conquer Cancer” cycling event to be held on Saturday 11 October and Sunday 12 October, 2014 be endorsed, subject to the following conditions:

a)   A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services and the Transport for NSW Traffic Management Centre for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

b)   The event applicant obtains separate approval from the NSW Police and submits 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.

c)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

d)   A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to 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 provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

g)   The event applicant advertise the event 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 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 notifies Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

i)    The event applicant make a request to Fire & Rescue NSW and the NSW Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the “Ride to Conquer Cancer” be postponed for the weekend of the event.

j)    The event applicant notifies bus companies of the proposed event and submits a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise any changed routes 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 to be submitted to the next available Local Traffic Committee meeting.

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

m)  The event applicant ensures that competitors obey road rules and Police directions during the event.

n)   Any affected properties along the event route be advised of the proposal by the applicant.

4.     All proposed speed limit reductions are not approved by this notice and are subject to the separate approval of the Roads and Maritime Services.

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

 

 

7        Penrith CBD Corporation "Christmas Tree Lighting & Santa's Arrival" - Friday 7 November 2014                                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Penrith CBD Corporation "Christmas Tree Lighting & Santa's Arrival" - Friday 7 November 2014 be received.

2.     Approval be given for the temporary closure close High Street, Penrith, between Station and Henry Street; and Riley Street, Penrith, between Henry and High Streets, on Friday 7 November 2014 between 2.00pm to 12.00pm, subject to the following conditions:

a)   The event applicant be advised that this is a Class 2 Event under the “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)  A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services and Traffic Management Centre for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

c)  The event applicant obtains separate approval from the NSW Police and submits 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.

d)  The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

e)  A detailed Traffic Control Plan 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.

f)  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.

g)  The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

h)  The event applicant advertise the proposed temporary road closure 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.

i)   The event applicant arranges 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.

j)   Signposting advising the date and time of all closures be provided by the event organiser and be provided two weeks prior to the event.  The applicant is to liaise with the Roads and Maritime Services regarding size of sign and text height.

k)  The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

l)   The event applicant notifies private bus companies of the proposed event and submits 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.

m) 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 be required to be submitted to the next available Local Traffic Committee meeting.

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

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

 

 

8        "Ironman 70.3 - Sydney 2014" Event - Sunday 30 November 2014                             

RECOMMENDED

That:

1.     The information contained in the report on "Ironman 70.3 - Sydney 2014" Event - Sunday 30 November 2014 be received.

2.    The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3.    The Traffic Management Plan be approved for the temporary closure of:

 

*      Old Castlereagh Road, between the Sydney International Regatta Centre and Castlereagh Road;

*      Castlereagh Road, between Old Castlereagh Road and Brooks Lane;

*      McCarthy’s Lane, between the Sydney International Regatta Centre and Castlereagh Road;

*      Post Office Road, between Castlereagh Road and Devlin Road;

*      Hinxman Road, between Castlereagh Road and Post Office Road;

*      Devlin Road, between Post Office Road and Fire Trail Road;

*      Fire Trail Road, from Devlin Road to Devlin Road;

*      Devlin Road, between Fire Trail Road and Nutt Road;

*      Nutt Road, between Devlin Road and Spencer Road

 

from 5.00am to 12.00pm on Sunday 30 November 2014 for the cycle leg of the “Ironman 70.3 – Sydney 2014” event, subject to the following conditions:

 

a.    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.

b.    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.

c.    The applicant consult in person with all residents and businesses along Castlereagh Road affected by the proposed closures and make arrangements as required for access to their properties throughout the event.

d.    The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event.  In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

e.    A detailed Traffic Control Plan 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.

f.     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.

g.    The event applicant provide advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

h.    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 two weeks 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.

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 Services 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 be required to be submitted to the next available Local Traffic Committee meeting.

l.     The event applicant 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 ensure that competitors obey road rules and Police directions during the event.

4.    Any proposed speed limit reductions are subject to the separate approval of the Roads and Maritime Services.

5.    All works as part of this approval be conducted at no cost to Council.

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

 

 

9        Water Gum Drive, Jordan Springs - Proposed Provision of "No Stopping" Signage        

RECOMMENDED

That:

1.     The information contained in the report on Water Gum Drive, Jordan Springs - Proposed Provision of "No Stopping" Signage be received.

2.     “No Stopping” signage be provided on Water Gum Drive, Jordan Springs along (part of) the southern frontage of Water Gum Park for a distance of 44m (length of existing BB hold lines), as shown on Appendix 1.

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

 

 

 

 

 

 

 

 

 

10      Griffiths Street & Viney Street, North St Marys - Design Plan Endorsement            

RECOMMENDED

That:

1.     The information contained in the report on Griffiths Street & Viney Street, North St Marys - Design Plan Endorsement be received.

2.     Design Plan AG 143 (dated 21/07/14) for a Median Island Stop Treatment (MIST) at the intersection of Griffiths Street and Viney Street, North St Marys be endorsed for construction, with funding provided from the 2014/15 Nation Building Black Spot Program.

3.     Affected residents be notified of the proposal.

4.     A street lighting assessment be undertaken.

 

 

11      Gipps Street, Claremont Meadows - Design Plan Endorsement                                

RECOMMENDED

That:

1.     The information contained in the report on Gipps Street, Claremont Meadows - Design Plan Endorsement be received.

2.     Council Design Plan AG145 for the construction of a pedestrian refuge facility on Gipps Street, Claremont Meadows be finalised and endorsed for construction with funding provided from Council’s 2014-2015 Major Traffic Facilities budget.

3.     Affected properties be notified of the proposal.

4.     A lighting assessment be conducted.

 

 

12      Russell Street, Emu Plains - Design Plan Endorsement                                              

RECOMMENDED

That:

1.     The information contained in the report on Russell Street, Emu Plains - Design Plan Endorsement be received.

2.     Design Plan AR 164 (dated 24/06/14) for embellishments to the existing pedestrian refuge at number 146 Russell Street, Emu Plains be endorsed for construction with funding from Council’s 2014/15 Urgent and Local Traffic Facilities Budget.

3.     Affected properties be notified of the proposal.

4.     A street lighting assessment be undertaken.

 

 

 

 

 

 

 

13      Caddens Road, Claremont Meadows - Design Plan Endorsement                            

RECOMMENDED

That:

1.     The information contained in the report on Caddens Road, Claremont Meadows - Design Plan Endorsement  be received.

2.     Consultation be carried out with properties affected by the proposal and any substantial objections be referred back to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections being received, Design Plan AC 265 & AC 266 (dated 22/07/14) for a series of traffic calming devices in Caddens Road, Claremont Meadows, between Heaton Avenue and Gipps Street, and a Median Island Stop Treatment (MIST) at the intersection of Caddens Road at Gipps Street be endorsed for construction with funding from Council’s 2014/15 Major Traffic Facilities Budget.

4.     A street lighting assessment be undertaken.

 

 

GENERAL  BUSINESS

 

GB 1          Grays Lane, Cranebrook – Results of Community Consultation  (Raised Council) 

The Local Traffic Committee, at its meeting on 2 June 2014, considered a report on “Grays Lane, Cranebrook – Proposed Enhancements to the Intersection at the Parking/Access Road for Samuel Terry Public School”, which included the results of a community consultation process.  At its Ordinary Meeting on 23 June 2014, Council resolved, on the recommendation of the Committee, that:

 

1. The information contained in the report on Grays Lane, Cranebrook - Proposed Enhancements to the Intersection at the Parking/Access Road for Samuel Terry Public School be received.

2. Consultation be undertaken with the School Principal and affected residents and any substantial objections referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, 30m of "No Stopping" be provided opposite the T -intersection on the eastern side of Grays Lane, as shown in Appendix 1.

4. Approximately 11 m of existing double-barrier lines be removed (ground out) on Grays Lane, as shown in Appendix 1.

5. A "Give Way" sign and dashed TB holding line be installed at the intersection as shown in Appendix 2.

6. Samuel Terry Public School be notified of Council’s resolution.

7. A review of the Samuel Terry Public School’s parking, including left in/left out access to Boundary Road be conducted post October 2014 with a further report brought to Local Traffic Committee.

 

Consultation has since been undertaken with affected residents and, whilst “No Stopping” restrictions during school peak times were supported, comments and objections were received as summarised below:

 

·    Full time “No Stopping” restrictions would be an inconvenience particularly on weekends when visitors would have to park elsewhere.

·    Part time “No Stopping”, during School Zone hours would be preferable and would prevent vehicles from parking over driveways.

 

The matter has been reviewed and the recommendation changed herein to install part-time “No Stopping” restrictions to coincide with School Speed Zone hours (8am–9.30am and 2.30pm to 4pm on School Days).

 

RECOMMENDED

 

          That:

1.   30m of Part-time “No Stopping” restrictions (8am–9.30am and 2.30pm to 4pm on School Days) be provided on the eastern side of Grays Lane, Cranebrook, opposite the T-intersection, as shown in Appendix 1.

2.   Samuel Terry Public School, Council’s Rangers, and affected residents be notified of Council’s resolution.

 

 

GB 2          Glossop Street, St Marys – Proposed Closures during Works under Black Spot Program  (Raised Council)                                                                                                        

Council’s Traffic Engineering Co-ordinator advised the Committee of upcoming closures on Glossop Street, St Marys, for works to be carried out under the Black Spot Program.  He advised that works will begin on 11 August 2014, initially in Adelaide Street, then moving on to King Street, then Brisbane Street.  A minor diversion will be required for buses due to the right-turn ban from Brisbane Street into Glossop Street, and the Busways representative has conducted a site inspection and satisfactory field trial.  Therefore Chapel Street and Lethbridge Street will be used by Busways, this being a minor route change.  The Busways representative advised that only the S11 Shopper Hopper service, between St Marys and St Clair, will be affected (ie, four buses per day).

RECOMMENDED

That the Committee note the information and provide concurrence for buses to use Chapel Street and Lethbridge Street, Penrith, subject to Transport for NSW approval for the minor route diversion.

 

GB 3          Racecourse Road, Penrith - Speeding Vehicles  (Raised Councillor Tricia Hitchen, Representative for the Member for Penrith)                                                                            

Councillor Tricia Hitchen, representative for the Member for Penrith, raised concerns about vehicles speeding in Racecourse Road, Penrith, near Smith Street, adding that a resident had requested the provision of traffic calming devices.

Council’s Senior Traffic Engineer advised that Council is aware of this request and there is a project listed in Council’s Traffic Facilities Prioritisation Program for intersection treatments (including traffic calming) along Racecourse Road, Penrith.

RECOMMENDED

That the Committee note the information.

 

 

 

 

 

 

GB 4          Lakeside Parade, Jordan Springs – Pedestrian Crossing  (Raised Councillor Marcus Cornish on behalf of Councillor Prue Car)                                                                

Councillor Marcus Cornish raised an item on behalf of Councillor Prue Car requesting that with regard to the former pedestrian crossing in front of the shopping centre on Lakeside Parade, Jordan Springs, either the faded crossing lines be removed entirely or the pedestrian crossing be reinstated.

 

RECOMMENDED

That the matter be investigated.

 

GB 5          Glenmore Parkway, Glenmore Park – Traffic Congestion  (Raised Busways)

The Busways representative raised concerns about traffic queuing (and resultant delays to bus services) in Glenmore Parkway from Mulgoa Road, Glenmore Park, due to a single right-turn exit.

 

 

RECOMMENDED

That Council write to the Roads and Maritime Services requesting that they investigate the potential for dual right-turns out of Glenmore Parkway onto Mulgoa Road at Glenmore Park.

 

GB 6          5-Tonne Load Limit in Oxley Park – Request for Approval of Signage  (Raised Council)   

Council’s Senior Traffic Officer advised that as part of the previously approved 5-tonne load limit in Oxley Park, bounded by Hobart, Melbourne and Glossop Streets and the Great Western Highway, signage is being installed at various locations.  A warning sign is required to be installed in Durham Street, Mt Druitt, and Blacktown Council has requested that the Penrith Local Traffic Committee seek approval from Blacktown Council for the placement of the sign within the Blacktown Local Government Area.

 

RECOMMENDED

That Council write to Blacktown City Council to request approval for the placement of a warning sign “No Trucks” (R6-10-2), with “Vehicles Over 5t GVM” (R9-221), and “AHEAD” to be placed east-facing in Durham Street, east of Flinders Street, Mt Druitt, as part of the Oxley Park 5-tonne load limit in the Penrith Local Government Area.

 

 

 

 

There being no further business the Chairperson declared the meeting closed, the time being 11:05am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 August, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                              25 August 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 11 August, 2014

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM (arrived 7:04pm), Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey (arrived 7:04pm).

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for 11 August 2014.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting – 30 June 2014

The minutes of the Policy Review Committee Meeting of 30 June 2014 were confirmed.

 

Councillors Jackie Greenow OAM and Michelle Tormey arrived at the meeting, the time being 7:04pm. 

 

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

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

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

Councillor Prue Car left the meeting, the time being 7:04pm.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        International Relations Visit - May 2014

Councillor Prue Car returned to the meeting, the time being 7:08pm.

Assistant General Manager, Barry Husking introduced the Report and outlined some of the key highlights from the recent visit.                                                                                                     

RECOMMENDED  that the information contained in the report on International Relations Visit - May 2014 be received.

 

 


 

Outcome 4 - We have safe, vibrant places

 

2        Our River Plan of Management and Riparian Vegetation Management Plan

Design and Projects Manager, Michael Jackson introduced the report and gave a presentation.        

RECOMMENDED

That:

1.   The information contained in the report on Our River Plan of Management and Riparian Vegetation Management Plan be received.

2.   The Draft Nepean River “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve be endorsed for Public Exhibition.

 

3.   The Draft Nepean River “Our River” Riparian Vegetation Management Plan be endorsed for Public Exhibition.

 

 

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

 

3        ClubGRANT Category 3 - Jamison Park Development - Funding Agreement          

RECOMMENDED

That:

1.     The information contained in the report on ClubGRANT Category 3 - Jamison Park Development - Funding Agreement be received

2.     Council enter into a funding agreement with NSW Government Department of Trade and Investment, Regional Infrastructure and Services for the sum of $934,901 for the purpose of upgrades to Jamison Park, including:

- An all age and ability activity zone

- A new children’s playground

- Sport field upgrades

- Floodlight installation

- Amenity building upgrades/extensions

3.       A further allocation of $601,531from the District Open Space Contributions             Plan be made to this project.

4.       A letter of thanks is sent to the Minister for Hospitality, Gaming and Racing,            Troy Grant MP, for the grant allocation of $934,901 from NSW                                       Government Department of Trade and Investment, Regional Infrastructure                  and Services – ClubGRANTS Fund Category 3.

 

 


 

4        Allocation for the Use of New Sportsgrounds                                                              

RECOMMENDED

That:

1.     The information contained in the report on Allocation for the Use of New Sportsgrounds be received.

2.     Council endorse the Expression of Interest process as detailed in this report for the allocation of new sports grounds.

 

 

5        Lease Arrangements - Nepean District Tennis Association, Penrith Cricket Club, Penrith Rugby Union Football Club                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Lease Arrangements - Nepean District Tennis Association, Penrith Cricket Club, Penrith Rugby Union Football Club be received

2.     A revised agreement of use for Woodriff Gardens is finalised between Nepean District Tennis Association and Penrith City Council.

3.     The draft licence for use of Andrews Road sportsground by Penrith Rugby Union Football Club is advertised in accordance with the terms of s47a of the Local Government Act 1993 with a further report to be presented to Council.

4.     A licence agreement for use of Howell Oval is finalised with Penrith Cricket Club with a further report to be presented to Council.

5.     A further report be presented to Council on arrangements with Nepean District Tennis Association with respect to future licence and maintenance agreements.

 

6        St Marys Tennis Courts Maintenance and Management                                             

RECOMMENDED

That:

1.    The information contained in the report on St Marys Tennis Courts          Maintenance and Management and Management be received.

2.    A report be presented to Council detailing the directions and future plans for the St Marys Tennis Courts.

 

 


URGENT BUSINESS

 

UB 1           Leave of  Absence Request                                                                                    

Councillor Mark Davies requested leave of absence for the period 10 October 2014 to 10 November 2014 inclusive.   

RECOMMENDED 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.

 

RECOMMENDED that leave of absence be granted to Councillor Mark Davies for the period 10 October 2014 to 10 November 2014 inclusive.

 

 

UB 2           Leave of Absence Request                                                                                     

Councillor Ross Fowler OAM requested leave of absence for the period 14 August 2014 to 24 August 2014 inclusive.

RECOMMENDED 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.

 

RECOMMENDED that leave of absence be granted to Councillor Ross Fowler OAM for the period 14 August 2014 to 24 August 2014 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 7:46pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 August, 2014 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Property Matter - 21 - 25 Woodriff Street, Penrith                                                             1

 

Outcome 2 - We plan for our future growth

 

2        Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh   Applicant: Mr & Mrs Gosling;  Owner: ~Mr & Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 9

 

3        Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh Applicant: Mr & Mrs Gosling;  Owner: ~Mr & Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               21

 

4        Development Application DA14/0704 Fernhill Picnic Races to be held on 18 October 2014 and one (1) day per calendar year from 2015 to 2018 including erection of associated temporary  structures at (No 1041) Mulgoa Road, Mulgoa Applicant: Ae Design Partnership;  Owner: ~Owston Nominees No 2 Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               51

 

 

 

Outcome 3 - We can get around the City

 

5        Fernhill Races Special Event - Traffic Management Plan Endorsement                        81

 

6        Roads and Maritime Services (RMS) 2014/15 Road Funding Grants                            87

 

URGENT

 

17      2014/15 Traffic and Safety Management Programs - Offer of Funding for Shared-Use Paths, Emu Plains and St Marys                                                                                               143

 

 

 

 

 

 

 

 

 

 

Outcome 4 - We have safe, vibrant places

 

7        Federal Government Grant Funding for Public Spaces CCTV Project                          91

 

URGENT

 

18      Tender Reference 14/15-03 Provision of All Age Health and Fitness Zone at Jamison Park       146

 

 

Outcome 5 - We care about our environment

 

8        NSW Castlereagh Community (Quarantine) Fund approval for the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades                                                                 95

 

9        Invitation to nominate representatives for the Greater Sydney Local Land Services Local Government Advisory Group                                                                                           98

 

10      Grant funding for rehabilitation and revegetation at Castlereagh Reserve, Cranebrook 106

 

11      Kingswood Park Rehabilitation Project, North Penrith                                                   108

 

 

 

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

 

12      Emu Plains Library                                                                                                         113

 

13      Legal Rights and Obligations of Residents Hoarding on their Property                         116

 

 

Outcome 7 - We have confidence in our Council

 

14      Organisational Performance Report - June 2014                                                          123

 

15      Audit Committee                                                                                                             131

 

16      Summary of Investments & Banking for the period 1 July to 31 July 2014                  135

 

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Property Matter - 21 - 25 Woodriff Street, Penrith                                                             1

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

1

Property Matter - 21 - 25 Woodriff Street, Penrith   

 

Compiled by:               David Ellks, Property Projects Co-ordinator

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We can work close to home

Strategy

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

Service Activity

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

      

 

Executive Summary

On 28 July 2014 Council considered a report and requested a presentation from Wentworth Community Housing and Astina Apartments on their respective Expressions of Interest in developing 21 – 25 Woodriff Street, Penrith (the Site). The presentations took place on 4 August 2014 and this report recommends Astina Apartments be the only respondent short listed for the detailed RFP stage.

 

Earlier in the year Stimson and Baker Planning approached Council on behalf of Astina Apartments regarding purchasing the Site for a mixed use development. The proposal was considered to have merit and to be consistent with the objectives of the Penrith Progression.

 

On 26 May 2014 Council approved the conducting of an Expression of Interest (EOI) and Request for Proposals (RFP) process to give others who may have an interest in the Site the opportunity to make a submission, promote transparency and achieve the best outcome for the Site.

 

The EOI was advertised in the Western Weekender on 6 June 2014 and the Sydney Morning Herald on 10 June 2014. The advertisement invited developers, investors and businesses with a requirement for land or commercial accommodation in the Penrith City Centre to respond. The EOI stage closed 2 July 2014 with EOI’s received from Wentworth Community Housing and Astina Apartments.

 

Background

A report to the Committee of the Whole on 26 May 2014 reported Astina Apartments had approached Council about purchasing the Site for a mixed use development.

 

To provide others who may have an interest in the Site and to check for other innovative proposals for the use of the land, Council accepted a recommendation to undertake a 2 stage process involving:

1.   A call for expressions of interest for the development of the Site.

2.   A request for proposal (RFP) be issued to short listed respondent/s following the EOI stage.

 

The EOI stage produced two proposals, one from Wentworth Community Housing and the other from Astina Apartments.

 

On 28 July 2014 the outcome of the EOI was reported to Council and it was recommended Astina Apartments be the only proponents short listed for the RFP stage. Council requested a presentation from the 2 proponents on their respective proposals before making a decision. The presentations took place on 4 August 2014.

The EOI/RFP Process

The requirements for the EOI stage focused on identifying who was interested in the Site as a developer or tenant, their ideas and their capability and capacity to deliver. This was done to minimise the effort and cost to respondents.

 

The RFP stage will involve preparing enough detail and certainty for Council as land owner to agree to commercial terms and the lodging of a Development Application.

 

Respondents to the EOI were instructed to visit http://www.penrithcity.nsw.gov.au/Our-Council/Tenders/ to register and download EOI documents free of charge. The EOI documents noted that on 26 May 2014 Council approved the following:

1.   To publically advertise that Council has been approached by a developer about acquiring and developing the Site, and invite others with an interest in the Site to submit an Expression of Interest (EOI) within a period of 21 days.

2.   At the end of the EOI stage, respondents will be short listed by an Evaluation Panel based on criteria set for the EOI. The criteria will focus on:

a.   The contribution a proposal could make towards Council’s economic, social and environmental objectives.

b.   The capability and capacity of the respondent to deliver the proposal.

3.   Council will issue a Request for Proposal (RFP) to shortlist respondents (there may be one or more) requiring details of their proposed development and commercial terms. The duration for this phase is expected to run for one to two months.

4.   The Evaluation Panel will assess proposals from a detailed selection criterion for the RFP stage and prepare a report to Council recommending the preferred development concept and commercial terms.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Barry Husking (Assistant General Manager and Chief Financial Officer), Vicki O’Kelly (Executive Manager – Corporate), Stephen Britten (Chief Governance Office), Jeni Pollard (Place Manager), Chris Moulang (Property Development Manager) and David Ellks (Property Development Projects Coordinator).

Tender Evaluation Criteria

The selection criteria contained in the EOI documents were:

·    The quality of the proposed development and its contribution to place making.

·    The contribution the proposal will make to the jobs target.

·    The contribution the proposal will have towards adding new offers in the City Centre and ongoing economic growth.

·    The proponent’s capability and capacity to deliver what they propose.

·    The income the proposal will produce and when in consideration of the risks involved.

·    The timing of the delivery.

Summary of Expressions of Interest Received

A total of two (2) EOI’s were received and are listed below in alphabetical order:

 

Provider

ABN/Other

Address

Redstone for Wentworth Community Housing

64 158 387 976

PO Box 610 Haberfield, NSW 2045

Stimson & Baker Planning for Astina Apartments

34 824 672 534

PO Box 4308 Winmalee NSW 2777

 

 

Wentworth Community Housing Proposal

 

Wentworth’s intention for the Site is to create a contemporary and inspiring residential flat building with a mix of 1 and 2 bedroom units. The tenancy mix would comprise key workers, private renters and owners as well as some tenants who are homeless. They note the ground floor may contain some or all retail to activate the street.

 

To provide a sense of what Wentworth has in mind for the Site, they cited and provided an image of their proposed development at Rouse Hill which is out to tender.

 

A copy of Wentworth’s proposal is attached.

 

Astina Apartments Proposal

 

Astina’s concept is for a modern, 7 storey building plus 2 levels of basement car park with a mix of uses including serviced apartments (39 x 2 bedroom and 3 x 3 bedroom units, lobby, pool and business centre), a café and commercial space.

 

Astina illustrated their concept with well developed architectural drawings that identified initial solutions to access, parking and loading issues.

 

Both respondents want to use the surplus road reserve for built form.

 

An exert of Astina’s proposal is attached.

Assessment against Nominated Criteria

The Evaluation Panel assessed the EOI’s against the above criteria except the one related to potential income as neither respondent provided any commercial information.

 

Summarising the Evaluation Panel’s assessment:

·    Each proponent was scored equally or similarly for the criteria related to capability and capacity, plus timing. Both proponents have a good track record in Penrith, and indicated they have access to funding and would like to get on with their respective projects.

·    There was a clear difference in the scoring in favour of Astina in terms on the criteria related to contribution to place making, achieving the jobs target, adding a new offer and ongoing economic growth. The introduction of serviced apartments in the CBD will provide short term accommodation and would likely improve the feasibility for food, beverage, entertainment and function uses in that part of the City Centre.

Delivery Model

While sale of this Site to the successful proponent has been the consideration to date, the opportunity for this development to provide Council with an on-going revenue source will be explored as part of the RFP process. Both respondents noted they would consider innovative delivery methods that Council can cite.

Statutory Approval

This report has been prepared by the Property Development Department of Council. The proposal appears to meet Council’s statutory planning objectives but there have been no formal discussions with the Council’s Development Services Department. Should Council agree to proceed to the RFP stage Astina Apartments will be asked to seek comments from Council’s Development Services Department.

 

A report will be provided to Council following the RFP outlining commercial terms and details of the proposed development.

 

Should Council resolve to proceed with a detailed proposal at the end of the RFP stage, the project will be the subject of a development application and statutory planning process through the Joint Regional Planning Panel.

 

Council on 26 May 2014 resolved to commence the process of closing a 2,330m2 strip of surplus road reserve that fronts Judges Park, Memory Park and the Site. Part of this closure, approximately 770m2, will become part of the Site subject to this further process.

Conclusion

On the basis of the EOI assessment, the Evaluation Panel recommend that:

·    Only Astina Apartments be issued with a Request for Proposal for the purchase and development of the Site.

·    Due to the importance of providing affordable and community housing and the desire to produce a benchmark solution in the City Centre, Council approach Wentworth Community Housing about exploring other sites, partnerships, development solutions and delivery models for the delivery of community and affordable housing.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Property Matter - 21 - 25 Woodriff Street, Penrith be received.

2.    Astina Apartments be shortlisted and issued a Request for Proposal.

3.    Wentworth Community Housing be not shortlisted but be approached by Council about exploring other sites, partnerships, development solutions and delivery models for delivering community and affordable housing.

4.    A further report be presented to Council at the conclusion of the RFP stage.

 

 

ATTACHMENTS/APPENDICES

1.  

Location Map

1 Page

Attachments Included

2.  

Wentworth Community Housing's Proposal

5 Pages

Attachments Included

3.  

Exerpt of Astina Apartments proposal

26 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh  Applicant: Mr & Mrs Gosling;  Owner: ~Mr & Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 9

 

3        Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh Applicant: Mr & Mrs Gosling;  Owner: ~Mr & Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               21

 

4        Development Application DA14/0704 Fernhill Picnic Races to be held on 18 October 2014 and one (1) day per calendar year from 2015 to 2018 including erection of associated temporary  structures at (No 1041) Mulgoa Road, Mulgoa Applicant: Ae Design Partnership;  Owner: ~Owston Nominees No 2 Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               51

 

 

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

2

Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh  Applicant:  Mr & Mrs Gosling;  Owner:  Mr & Mrs Gosling   

 

Compiled by:               Donna Clarke, Consultant Planner

Authorised by:            Paul Lemm, Development Services Manager 

Requested By:            Councillor Jim Aitken OAM

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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

 

Executive Summary

Council is in receipt of a Development Application for the construction of a front fence including a featured entry and proposed earthworks at the subject property. The proposal has been amended to delete the proposed entry feature as this component now forms part of Development Application 14/0622. The proposal is ancillary to the existing approved dwelling is permitted in Zone 1B (Rural B - Smallholdings) under the provisions of the Penrith Local Environmental Plan 201 (Rural Lands). 

 

The application was exhibited and notified from 17 December 2013 to 14 January 2014.  Council received submissions objecting to the proposal.  Issues raised in these submissions are outlined below:

 

·        Permissibility of operating a trucking business from the premises and associated issues such as additional traffic, impact on other road users, maintenance of vehicles.

·        Visual and acoustic impacts, compatibility and streetscape.

·        Flooding.

·        Clearance of existing vegetation.

 

The majority of these issues related to a separate Section 82A Review of Determination Application (DA13/0354.01) for the construction of a shed for garaging of two (2) trucks and associated truck turning area and driveway.  However, Council can no longer determine this Section 82A review application as the 6 month time limit has expired.  As a result of this, the applicant lodged a new Development Application (DA14/0622) seeking approval for the same works.  Issues raised which relate to the shed, truck storage and driveway works have been considered in the assessment of this new Development Application which is reported to tonight’s meeting.

 

The Development Application was deferred by Council on 23 June 2014 to arrange for a site inspection which was undertaken on 28 July 2014. The site inspection was attended by the applicant, property owners, Council officers and Councillors. Discussion was undertaken concerning previous vegetation clearing, clarification on the scope of works, screen planting, intended use of the land and compliance with potential conditions of consent. At the conclusion of the site inspection the matter was resolved to be referred back to Council for determination.

 

This proposal for fill at the front of the site has not been found to result in adverse impact on the amenity of the surrounding developments and the natural and built environment subject to conditions of consent and amendment to the plan in red.  Therefore this application is recommended for approval subject to conditions.

 

Background

In October 2012 Council received a complaint regarding clearing of vegetation on the subject property.  Council inspected the property and noted that vegetation had been cleared and there had been excavation works and site works around the property undertaken for the construction of a driveway along the eastern boundary along with a hardstand area to the rear of the allotment.  The investigation resulted in a Notice of Intention to Serve Order (NISO) dated 20 February 2013 being issued to the owners of the property.

 

In response to the NISO, the owners of the property lodged Development Application No. 13/0354 for the following:

 

·           construction of a new driveway and truck turning area;

·           construction of a shed and site office;

·           construction of a front fence; and

·           earthworks – cut and fill.

 

This application was refused by Council on 3 October 2013 on the grounds of the proposed development not being permissible, not complying with Penrith Development Control Plan 2006, not integrating with neighbouring properties nor being compatible with the character of the surrounding area. 

 

Subsequent to the refusal of the development, the applicant met with Council Officers to discuss the following:

 

·           Information on how to review the refusal to DA 13/0354 under S82A of the EP&A Act; and

·           The lodgement of a separate Development Application for the front fencing and earthworks.

 

The applicant lodged the current Development Application No. 13/1432 for the construction of a front fence including a featured entry and earthworks on 9 December 2013. 

 

Pursuant to Section 82A of the Environmental Planning and Assessment Act 1979, the applicant lodged an application to review the refusal of the development (DA13/0354.01).  The 82A Review was limited to the shed, the driveway and truck turning area.  The applicant made the following amendments to the proposal as part of the review:

 

·        increased the western side setback of the shed from 7.5m to 9.5m;

·        provided a landscape mound in the vicinity of the truck turning area; and

·        nominated the species for landscape screen planting and re-vegetation at the rear of the property to compensate for the vegetation that had been cleared

 

The Review could not be determined within the statutory timeframe and as such has lapsed. A separate application DA14/0622 was lodged in response to the Review being unable to be determined.

 

The subject application DA13/1432 for construction of a front fence, entry feature and filling works on the subject site was deferred by Council on 23 June 2014 to arrange for a site inspection, which was undertaken on 28 July 2014. At the conclusion of the site inspection the matter was resolved to be referred back to Council for determination.

 

The applicant has since amended this application DA13/1432 to incorporate the proposed entry feature into the DA14/0622.

 

Site and Surrounds

 

The site is located on the northern side of Jolly Street which is bounded by Sheredan Road to the west and Church Street to the east.  Refer to Locality Plan Attachment No. 1.  Developments in the area are primarily rural residential in nature. 

 

The site has a total area of approximately 2.3 hectares.  The site falls around 2 metres from the southwest to the northeast.  Existing improvements on the site include a dwelling house, a garage/shed and an in ground swimming pool. 

 

The site has numerous unauthorised works including a secondary access driveway along the eastern boundary and a relocatable site shed. Unauthorised tree removal and excavation and fill to form the driveway and turning area have also been undertaken. Mounds of soil exist on the site from the excavation which has been undertaken to date.

 

Council’s information has identified the site as Bush Fire Prone Land.  As the site contains remnants of Castlereagh Scribbly Gum Woodland, Council has also identified the property as Cumberland Plain Priority Land.

 

The Proposed Development

 

This Development Application seeks approval for the following refer Attachment No’s. 2 & 3:

 

1.       Completion of earthworks within the front setback of the dwelling using materials excavated from the rear setback area.

 

2.       Spreading of additional fill (150mm in depth) across the front of the property.

 

3.       Construction of a 1.5m high part masonry/part palisade fence across the full frontage of the property.

 

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

 

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

To ensure sediments generated by the development will not be deposited in the Hawkesbury-Nepean River via the stormwater drainage system and to ensure compliance with Clause 5 of SREP 20 and the relevant planning policies and strategies relating to water quality and quantity, the standard condition for the provision and maintenance of erosion and sediment control measures is recommended (see Standard Condition D001).

 

Penrith Local Environmental Plan No. 201 (Rural Lands) (LEP 201)

The site is identified as a Deferred Matter under Penrith Local Environmental Plan 2010 and hence Penrith Local Environmental Plan 201 (Rural Lands) (LEP 201) is still applicable.  It is currently zoned 1(b) (Rural ‘B’ zone - Smallholdings) under the provisions of LEP 201.  The proposed featured entry, front fence and earthworks are ancillary to the existing dwelling and as such are permitted in the zone subject to development consent.

 

LEP and Zone Objectives

 

The following objectives are applicable for consideration:

 

(a)     maintain the rural character and setting of the locality

(b)     maintain the scenic quality and landscape features of the area

(c)     maintain the natural environment such as soil, water and vegetation

 

The proposal satisfies these objectives as the fill works are minor and will not adversely impact on the natural environment. 

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

The following sections of Chapter 4.9 Rural Development of the Penrith Development Control Plan (DCP) 2006 are relevant to the assessment of the proposal and are considered in detail below: -

 

(a)     Flooding

 

The proposed development includes legitimisation of fill works which were undertaken on the site by the property owner without consent.  The applicant also proposes to spread an additional 150mm of fill across the front of the property. 

 

The information that accompanied the original application was insufficient to consider the proposed finished ground levels and changes to natural drainage pattern through the site. The applicant was subsequently requested to submit a post-development survey drawing to reflect the revised finished ground levels with indications of the proposed finished ground levels / contours.  Inspection of the property by Council Officers and further assessment of the updated survey drawing noted the following:

 

·        The finished ground levels are below that of the adjacent Right-of-Carriageway (servicing Nos 49 and 51 Jolly Street);

 

·        The finished ground levels demonstrate that overland flow is not being redirected onto either the adjoining western right of carriageway / battleaxe handle or further west to the adjacent neighbouring property; and

 

·        There is a natural depression in the area bounded by the western boundary and the existing driveway of the site.  This natural depression facilitates overland flow through the property.

 

In considering the subject application the flooding impacts from the change in levels has been reviewed in detail. It is necessary for the proposed front fence to include amendments in red for the fencing to be open style with no masonry portion at the bottom to allow for overland flow and the amount of fill is restricted.

 

To further mitigate the potential for diversion of overland flow to adjoining properties, it is recommended that the depth of fill shall be reduced from 150mm to 100mm and the extent of the fill in the area bounded by the western boundary and the existing driveway be restricted to 10m in width (refer to Special Condition No. 2.2).  To ensure the finished ground levels are consistent with the survey drawing (as amended in red), a Works-as-Executed Plan verifying the finished ground levels is also required to be submitted prior to the issue of an Occupation Certificate (as per Standard Condition K502).

 

Subject to compliance with these recommended conditions, the proposed additional fill will maintain the existing sheet flow and will not adversely impact on the existing overland flow behaviour across the site.

 

It should be noted however that minor regrading within the road reserve will be separately pursued to address street runoff which is likely to be causing diversion of street stormwater into the adjacent property.

 

As a result the proposed development is considered to have satisfied the flooding considerations within Section 2.10 – Flood Liable Development of DCP 2006.

 

(b)     Fencing

 

Clause 1 - Dwellings and Outbuildings of DCP 2006 Part 4, Section 4.9 - Rural Development requires the following for fencing:-

 

Only rural style fencing will be allowed i.e. of an open rural nature in character with that normally found in rural areas. No objections are raised to internal courtyard fencing, or entry fencing, provided such fencing is sensitive to the rural environment.

 

The proposed front fence is predominantly open and is sympathetic to the rural character of the locality. The lower masonry portions of the fence are deleted by way of amendments in red on the plans to allow for overland flow. No objection is raised as there are similar fencing outcomes in the broader locality and the proposal will not have an adverse impact on the streetscape. 

 

As a result the proposed development is considered to have satisfied the considerations within Clause 1 – Dwellings and Outbuildings of DCP 2006, Part 4 Section 4.9 - Rural Development.

 

(c)     Filling

 

Clause 8 - Filling - Agricultural Developments of DCP 2006 Part 4, Section 4.9 - Rural Development provides the following aims:-

 

·        Allow filling only where it enhances the use of rural properties.

·        Ensure that no adverse impact on local drainage characteristics occurs.

·        Ensure filling will not increase flood hazard or risk to other properties.

·        Ensure that material used is satisfactory in terms of potential impact on local soil and water quality.

 

The legitimisation of minor top soil spreading is considered to satisfy the aims of the DCP in that the fill is not considered to impact on local drainage risk as detailed above, the fill does increase flood hazard as outlined above, the fill material was sourced from the site (excavation for second driveway) and there is no adverse impact in terms of water quality or stormwater diversion.

 

As a result the proposed development is considered to have satisfied the considerations in relation to filling within DCP 2006, Part 4, Section 4.9 - Rural Development.

 

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

 

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.  The likely impacts of the proposed development upon the surrounding area are discussed as follows:

 

Context and Setting

 

Developments in the area are predominantly rural-residential in nature.  It is considered that the earthworks, subject to compliance with the recommended conditions, will have minimal impact on the streetscape.

 

Site Design and Internal Design

 

The depth and width of the proposed earthworks will be restricted to minimise any likely impact on the neighbouring properties with respect to stormwater surface runoff as outlined in detail above.

 

Water Soil Air and Microclimate

 

The applicant has confirmed that no fill will be imported and study of aerial photos has also indicated that the stockpile and the excavated materials are of a similar soil type, to ensure the quality of the soil, the standard condition stating no filling without Council’s prior approval  is recommended (refer Standard Condition D005).

 

Noise and Vibration

 

The standard condition restricting the construction hours has been recommended to protect the amenity of surrounding developments.

 

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

 

The site is rural-residential in nature and the proposed fill is considered to be appropriate within the context of the broader locality and the restricted amount ensures sheet flow is maintained across the site.

 

The proposal is therefore considered to be a suitable form of development and is therefore satisfactory.

 

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

 

In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made.

 

Community Consultation

 

In accordance with Chapter 2.7 of the Penrith Development Control Plan 2006 – Notification and Advertising, the proposed development was notified to seven (7) residences in the area.  The exhibition period was between 17 December 2013 and 14 January 2014.  Council received submissions from four (4) households.

 

The majority of issues raised within the received submissions to this application relate to a separate Section 82A Review of Determination Application (DA13/0354.01).  However pursuant to Section 82A (2A) of the EP&A Act, Council can no longer determine this application as the 6 month time limit which is equivalent to the period in Attachment 4 for making of an appeal to the NSW Land and Environment Court has expired.  As a result issues raised with respect to works subject of this application only (DA13/1432) are addressed and all other issues are addressed in the report on DA14/0622.

 

Issues

Comments

Consideration of issues in a submitted report regarding size of the shed, positioning of the shed and unauthorised land fill with potential flooding and disruption to natural flow of water.

The impact of the proposed fill and fence on potential flooding and overland flow had been considered in detailed and addressed in Section 2 above. The issues relating to the shed are addressed in the report on DA14/0622.

The earthworks have changed the topography of the area.  This may have flooding impact on the surrounding properties

The property is not affected by local overland flows and mainstream flooding. The applicant has also submitted a survey which contains information that is consistent with Council’s information showing the site falls from southwest to northeast. In this case, the proposal would have minimal flooding impact on the surrounding properties.

Inaccurate description of the development proposal for the featured entry, front fence and earthworks

The description of development proposal for DA13/1432 has been amended to correctly reflect the proposed works.

Stormwater runoff needs to be managed and checked by Council.

Subject to compliance with these recommended conditions, the proposed additional will maintain the existing sheet flow and will not adversely impact on the existing overland flow behaviour across the site. The amount of fill is being limited.

Top dressing of soil will affect natural flow of water on adjoining properties.

The overland flow of water has been considered in detail in the current application and DA14/0622 to ensure that there are no resulting impacts on adjoining properties in terms of flooding.

 

Conclusion

 

In assessing this application against the relevant environmental planning policies, the proposal satisfies the aims, objectives and provisions of these policies subject to recommended conditions of consent.

 

The site is suitable for the proposed fill and there is not considered to be any adverse impacts arising. The rural character of the area will not be altered by this proposal.

 

The issues relating to the storage of trucks on the site and other works including completion of the driveway and front fencing are addressed in the report on DA14/0622.

 

Therefore, the application is worthy of support, subject to recommended conditions.

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh be received.

2.      Development Application No DA13/1432 be approved subject to the following proposed conditions:

Standard Conditions

A001 – Approved plans that are architecturally drawn

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

B005 - Mud/Soil

D001 – Sedimentation and Erosion Controls

D002 - Spraygrass

D005 – No filling without prior approval

D006 – No filling without prior approval (validation certificate)

D009 – Covering Waste Storage area

D010 - Appropriate disposal of excavated or other waste

E001 - BCA compliance

H001 - Stamped plans & erection of site notice 1 (Class 2-9)

H002 - All forms of construction

H011 – Engineering plans & specifications

H041 – Hours of work

K208 - Stormwater Discharge – Minor Development

K502 – Works as Executed  - General

L007 - Tree protection measures

L008 – Tree preservation order

Q001F – Notice of Commencement & Appointment of PCA

 

Special Conditions

2.1     A maximum of 100mm of fill can be placed in the area bounded by the western boundary and the existing driveway subject to a maximum width of 10m so as to minimise any likely adverse impact on neighbouring properties due to overland flow. This is reflected within amendments in red to the approved plan.

2.2     A maximum of 100mm of fill can be placed in the area bounded by the eastern boundary and the existing driveway servicing the dwelling. This is reflected within amendments in red to the approved plan.

 

2.3     The earthworks approved herein must comply with AS 3798 and Council’s Design Guidelines and Construction Specifications for Civil Works.

2.4     The construction of entry opening feature for the second (eastern) driveway in the front fence is not approved as part of this consent.  The front fence is to be constructed for the entire length of the front boundary without the second driveway opening unless separately approved by Council.

2.5     Open-style (pool type) fencing between masonry pillars shall be installed along the front property boundary.  The base of the front fence must be of open style construction  as amended in red on the approved plans so that it will not impede flow of water.  Continuous solid construction of the base of the fence is not permitted.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA13/1432 - Locality Plan

1 Page

Appendix

2.  

DA13/1432 - Site Plan

1 Page

Appendix

3.  

DA13/1432 - Details of front fence

1 Page

Appendix

  


Ordinary Meeting                                                                                                            25 August 2014

Appendix 1 - DA13/1432 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                            25 August 2014

Appendix 2 - DA13/1432 - Site Plan

 

PDF Creator


Ordinary Meeting                                                                                                            25 August 2014

Appendix 3 - DA13/1432 - Details of front fence

 

PDF Creator


Ordinary Meeting                                                                                              25 August 2014

 

 

 

3

Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh  Applicant:  Mr & Mrs Gosling;  Owner:  Mr & Mrs Gosling   

 

Compiled by:               Donna Clarke, Consultant 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

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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 retrospective approval for earthworks, construction of a shed and parking of two truck vehicles (rigid truck and semi trailer) at the subject property.  The proposed use is defined as the “garaging of plant and trucks” and the proposed shed and earthworks remain as ancillary components of the dwelling. The proposal is permitted in Zone 1B (Rural B - Smallholdings) under the provisions of the Penrith Local Environmental Plan 201 (Rural Lands). 

Council cannot grant retrospective approval for works undertaken without consent. However consent can be granted for new works to complete the commenced excavation and driveway construction and use of the proposed shed. Granting development consent also provides the opportunity to impose conditions of consent with respect to the operation of the site and removal of unauthorised items from the site, such as the site office.

 

The application was exhibited and notified from 23 June 2014 to 7 July 2014.  Council received submissions objecting to the proposal. A Section 82A Review of Determination (DA13/0354.01) was lodged with Council seeking a review of the previously refused application (DA13/0354) but was unable to be determined by Council due to the expiration of the Land and Environment Court appeal timeframe.  The current application (DA14/0622) was then lodged due to the timeframe lapsing. The issues raised in the submissions to both the preceding Section 82A review application and the current application are addressed in the table within this report. The main issues raised in these submissions are outlined below:

 

·        Suitability of the use for storage of trucks and impact on rural lifestyle.

·        Amenity impacts from unrestricted use, including number of trucks, noise, traffic and lights.

·        Loss of bushland from unauthorised clearing.

·        Changes to overland flow and runoff due to new shed and fill.

 

This proposal for the completion of earthworks, construction of a shed and parking of two truck vehicles at the subject property is not considered to result in unreasonable adverse impact on the amenity of the surrounding developments and the natural and built environment subject to conditions of consent. Therefore this application is recommended for approval subject to conditions, including a trial period for the use of the shed for the storage of two truck vehicles (semi trailer and rigid vehicle).

 

A reference to two (2) truck vehicles throughout this report refers to the truck and semi trailer as indicated on the proposed floor plan.

 

It is also noted that a separate report addressing ongoing compliance investigations with respect to the subject site is reported to tonight’s meeting.

 

Background

In October 2012 Council received a complaint regarding clearing of vegetation on the subject property.  Council inspected the property and noted that vegetation had been cleared and there had been excavation works and site works around the property undertaken for the construction of a driveway along the eastern boundary along with a hardstand area to the rear of the allotment.  The investigation resulted in a Notice of Intention to Serve Order (NISO) dated 20 February 2013 being issued to the owners of the property.

 

In response to the NISO, the owners of the property lodged Development Application No. 13/0354 for the following:

 

·           construction of a new driveway and truck turning area;

·           construction of a shed and site office;

·           construction of a front fence; and

·           earthworks – cut and fill.

 

This application was refused by Council on 3 October 2013 on the grounds of the proposed development not being permissible, not complying with Penrith Development Control Plan 2006, not integrating with neighbouring properties nor being compatible with the character of the surrounding area. 

 

Subsequent to the refusal of the development, the applicant met with Council Officers to discuss the following:

 

·           Information on how to review the refusal to DA 13/0354 under S82A of the EP&A Act; and

·           The lodgement of a separate Development Application for the front fencing and earthworks.

 

The applicant lodged Development Application No. 13/1432 for the construction of a front fence including a featured entry and earthworks on 9 December 2013. 

 

Pursuant to Section 82A of the Environmental Planning and Assessment Act 1979, the applicant lodged an application to review the refusal of the development (DA13/0354.01).  The 82A Review was limited to the shed, the driveway and truck turning area.  The applicant made the following amendments to the proposal as part of the review:

 

·        increased the western side setback of the shed from 7.5m to 9.5m;

·        provided a landscape mound in the vicinity of the truck turning area; and

·        nominated the species for landscape screen planting and re-vegetation at the rear of the property to compensate for the vegetation that had been cleared

 

The Review could not be determined within the statutory timeframe and as such has lapsed. The current application was lodged in response to the Review being unable to be determined.

 

DA13/1432 for construction of a front fence, entry feature and filling works on the subject site was deferred by Council on 23 June 2014 to arrange for a site inspection, which was undertaken on 28 July 2014. The site inspection was attended by the applicant, property owners, Council officers and Councillors. Discussion was undertaken concerning previous vegetation clearing, clarification on the scope of works, screen planting, intended use of the land and compliance with potential conditions of consent. At the conclusion of the site inspection it was resolved that both DA13/1432 and DA14/0622 be reported back to Council at the same time for determination.

 

The applicant has since amended DA13/1432 to delete the front fence entry feature for the second  eastern driveway and incorporate it into the subject application (DA14/0622) so that the fence entry feature and associated driveway can be considered and determined concurrently.

 

Site and Surrounds

 

The site is located on the northern side of Jolly Street which is bounded by Sheredan Road to the west and Church Street to the east.  Refer to Locality Plan Attachment No. 1.  Developments in the area are primarily rural residential in nature. 

 

The site has a total area of approximately 2.3 hectares.  The site falls around 2 metres from the southwest to the northeast.  Existing improvements on the site include a dwelling house, a garage/shed and an in ground swimming pool. 

 

The site has numerous unauthorised works including a secondary access driveway along the eastern boundary and a relocatable site shed. Unauthorised tree removal and excavation and fill to form the driveway and turning area have also been undertaken. Mounds of soil exist on the site from the excavation which has been undertaken to date.

 

Council’s information has identified the site as Bush Fire Prone Land.  As the site contains remnants of Castlereagh Scribbly Gum Woodland, Council has also identified the property as Cumberland Plain Priority Conservation Land.

 

The Proposed Development

 

This Development Application seeks approval for the following:

 

·    Construction of a shed being 288m² in size (24m x 12m x 6.6m high) for the storage of two truck vehicles (rigid truck and semi trailer) and other personal equipment such as classic cars, caravan, boat and tractor.

·    Completion of earthworks associated with the existing second driveway and turning area (50m x 30m).

·    Construction of a sealed vehicular crossing and sealing of the first 20m of the driveway.

·    Existing unauthorised driveway and turning area to be filled with 200mm hardstand material (e.g. crushed sandstone or road base).

·    New native planting around the perimeter of turning area.

·    120,000L underground water tank to catch water from roof and overflow from existing smaller water tanks

·    Inclusion of a front fence entry feature to the second driveway, which has been removed from DA13/1432 and incorporated into this application as outlined above.

 

The site plan also indicates five (5) trees to be removed however as the Statement of Environmental Effects specifically confirms that no trees are to be removed, the site plan is recommended to be amended in red to delete any reference to tree removal.

 

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

Environmental Planning and Assessment Act 1979 (EP&A Act)

DA13/0354 was refused by Council on 3 October 2013 for the following reasons:

 

1.       The application has not adequately demonstrated that the shed will be used to store materials and equipment associated with the residential use of the property which are permissible in the 1B (Rural B Zone- Smallholdings) under the provision of LEP 201.

2.       The scale and cumulative building footprint of the shed and manoeuvring area is excessive and cannot be categorised as being ordinarily incidental and ancillary to the existing dwelling on the property.

3.       The proposed development is inconsistent with the general aims and objectives of LEP 201.

4.       The proposed development is inconsistent with the objectives of 1B (Rural B) zone.

5.       The proposal is inconsistent with the objectives of the draft E4 - Environmental Living zone under the provisions of the exhibited Draft Local Environmental Plan in relation to the preservation and complement of natural resources through appropriate land management practices.

6.       The proposed development is inconsistent with the objectives outlined in Part 4.2, Part 4.9 and Part 4.10 of Penrith Development Control Plan 2006, in respect to the promotion rural residential character.

7.       The proposed development is unsightly and its construction and use would undermine the rural residential context of the area.

8.       The proposed development would have an adverse impact upon the existing area, having regard to the submissions made.

9.       The proposed development will cause significant impact to the amenity of the rural residential area and is not be in the public interest.

 

In accordance with Section 82A(1) of the EP&A Act, the applicant lodged DA13/0354.01 requesting Council to review the determination of the application.  In requesting the review, the applicant has amended the proposal under the provisions of S82A(3A) of the Act to reduce the size of the shed and nominated the items to be stored in the shed. The review was further amended to increase the western side setback of the shed, provided a landscape mound in the vicinity of the truck turning area and nominated the species for the landscape mound.

 

Under Section 82A, however a determination cannot be reviewed after the time limit for the making of an appeal under Section 97 expires, if no such appeal is made against the determination. Section 97 of the Act provides that an applicant who is dissatisfied with the determination of a consent authority may appeal to the Court within six (6) months after:

 

(a) the date on which the applicant received notice, given in accordance with the regulations, of the determination of that application or review, or

 

b) the date on which that application is taken to have been determined under section 82(1).

 

The original application was refused under delegated authority on 3 October 2013 and therefore the six-month appeal period lapsed on 3 April 2014. The applicant did not lodge an appeal to the Land and Environment Court and as the date had passed, Council could no longer proceed to determine the Section 82A review. As a result this application was then lodged to enable consideration of the amended proposal.

 

The new application has had regard to the reasons for refusal and has reduced the size of the shed, shown a layout for goods being stored in the shed (including indications of the rigid truck and semi trailer) and provided embellished landscaping.

 

Clause 109A of the Environmental Planning & Assessment Act 1979 also allows uses that were unlawfully commenced to be rendered lawful upon the granting of development consent. As such, this application would make lawful the use of the site for the garaging of plant and trucks.

 

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

To ensure sediments generated by the development will not be deposited in the Hawkesbury-Nepean River via the stormwater drainage system and to ensure compliance with Clause 5 of SREP 20 and the relevant planning policies and strategies relating to water quality and quantity, the standard condition for the provision and maintenance of erosion and sediment control measures is recommended (see Standard Condition D001).

 

Penrith Local Environmental Plan No. 201 (Rural Lands) (LEP 201)

Permissibility

 

The site is identified as a Deferred Matter under Penrith Local Environmental Plan 2010 and as such Penrith Local Environmental Plan 201 (Rural Lands) (LEP 201) is still applicable.  It is currently zoned 1(b) (Rural ‘B’ zone - Smallholdings) under the provisions of LEP 201.  The proposed featured earthworks and shed are ancillary components to the existing dwelling and as such are permitted in the zone subject to development consent.

 

With respect to the proposed use of the shed for storage of trucks, the following definition is applicable:

garaging of plant and trucks means storage and maintenance of up to 2 pieces of plant or trucks on a property where the plant or trucks are operated only by the occupier or occupiers of the property.

This definition is considered the most appropriate and it is necessary to impose conditions of consent to ensure the requirements of the definition are complied with on an ongoing basis.

The applicant has indicated that a semi trailer and a rigid truck will be stored on site and that he (the owner and occupant of the dwelling) only drives one vehicle at a time. Concern has been raised that the occupier of the dwelling is operating a truck company with employees and that he may have occasion for the trucks stored on this site to be used by one of the employees and how this would occur whilst maintaining compliance with the definition. Any driving of the trucks by others needs to occur off site and concern is raised regarding this occurring on the street and the associated impacts on neighbours if it occurs regularly.

LEP 201 adopts the Model Provisions, which contains the following definitions:

transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

The application does not indicate that it will operate as a transport terminal. The original application did however include a separate demountable building as a site office and a condition is recommended to be imposed that no consent is granted for the demountable building to ensure it is not functioning as a transport terminal and that it be removed within 30 days of the date of consent. The removal of the demountable building is now proposed by the applicant (refer to Special Condition 2.6).

General Aims & Objectives

The general aims and objectives of PLEP 201 seeks to achieve a balance between protecting and enhancing the rural character of the area, landscape features and rural uses, whilst acknowledging the need to accommodate Sydney's future growth. It also seeks to promote rural/residential development, not create demands on public amenities or services and locate traffic generating development to ensure efficiency of roads is not affected.

The proposal meets the general aims and objectives of the LEP subject to appropriate conditions of consent regulating the use of the shed, vehicle access to and from the site and other land use restrictions as outlined within Special Conditions 2.2 to 2.5.

The storage of a rigid truck and semi trailer within a shed has merit to provide a safe environment for these items but also to preserve the rural character of the area. It is not uncommon on rural properties to store trucks within a shed. This is a more desirable outcome than trucks being stored out in the open which currently occurs and is permissible. The application also incorporates new planting for screening which will aid in reducing the visual impact of the turning area and shed.

Employees of the business should not be driving to the site to collect the truck as it is restricted to the occupiers of the dwelling only. As the proposal is not for a transport terminal, there should be no collection or drop off of goods to the site or a significant increase in traffic. It can be compared to an occupier of any dwelling bringing their work vehicle home at the end of the day and leaving in it the next morning. Accordingly, with stringent conditions and a temporary 12 month period, the impact of the storage of trucks on site can be controlled and the associated impact on surrounding properties and the road network limited.

 

Zone Objectives

 

The following objectives of the Rural “B” Zone—Smallholdings zone are applicable for consideration:

 

·    protect and enhance the scenic quality and rural character.

·    assist in meeting demand for rural/residential development where consistent with the conservation of the rural, agricultural, heritage and natural landscape qualities.

·    ensure development does not create unreasonable demands for public amenities or services.

·    ensure traffic generating developments are suitably located so as not to adversely affect the safety and efficiency of roads.

·    ensure the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of these localities.

·    ensure views from main roads and rural character of the area will not be adversely affected.

·    ensure development will not lead to excessive soil erosion or run-off.

The site is generally flat and adjoins heavily vegetated land owned by the Department of Lands to the east and two access handles to the west. The surrounding area is rural-residential in nature.

The proposed shed is to be sited centrally on the property, behind the existing dwelling. The shed and turning area are set away from the western boundary.

The previous unauthorised works that were undertaken including clearing of trees and earthworks to accommodate the new driveway and turning area have altered the appearance of this portion of the site. The proposal provides the opportunity for Council to ensure that the site is rehabilitated by way of replacement planting and completion of earthworks, to ensure the rural-residential character of the area is retained and to control runoff and erosion on site.

There should not be significant increases in traffic movements as the two truck vehicles are only to be operated by the occupier of the dwelling. Conditions have been recommended to ensure this occurs and to restrict the number of movements per day.

The proposed materials of the shed are typical of that found on a rural property. Screen planting is proposed around the northern, western and southern portion of the shed and turning area to aid in reducing its visibility from adjoining dwellings.

The issue of stormwater runoff is discussed below under the heading of Flooding.

Clause 17   Tree Preservation

This application is an opportunity to require significant planting to compensate for the previous unauthorised removal of trees on this portion of the site to accommodate the earthworks already undertaken, and to providing screening of the turning area.

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

Certain works including filling and driveway construction are permitted as exempt development, however the works undertaken exceed the exempt development requirements. Consent cannot be retrospectively granted for this unauthorized excavation and filling, however the completion of the works can be controlled and granted consent.

 

Draft Penrith LEP

 

Stage 2 of the City Wide Penrith Local Environmental Plan (draft LEP) applies to the site.  The property will be zoned E4 Environmental Living under the provisions of the draft LEP.  The shed being ancillary to the dwelling is permitted with consent.  Schedule 2 Exempt Development of the draft LEP further outlines relevant criteria for truck parking areas including the ability to park up to two trucks or pieces or plant on a site if the parking area provides a connection to sealed driveways, is screened from adjoining properties, there is no adverse impact on drainage and flow paths and no removal of trees or vegetation is pursued without consent.  One of the criteria is also that the development must not include the construction of a shed or earthworks to create the parking area. 

 

To ensure the development is consistent with the objectives of E4 zone in relation to protecting the rural character and residential amenity of the residential neighbourhood, it is considered appropriate in this case to store the trucks in the shed.

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

As stated above, the site is zoned 1(b) (Rural ‘B’ zone - Smallholdings) under the provisions of LEP 201 and hence Penrith Development Control Plan 2006 (DCP) is applicable to the proposal.  Section 2.8 Significant Trees and Gardens, Sections 4.9 Rural Development and 4.10 Rural Sheds of the DCP are relevant to the assessment of the proposal. 

 

Section 2.8 Significant Trees and Gardens

 

The site contains remnants of Castlereagh Scribbly Gum Woodland, a Vulnerable Ecological Community under the NSW Threatened Species Conservation Act 1995.  As stated earlier in the report, clearing of this endangered vegetation without approval has been undertaken and while the plan submitted indicates five (5) trees for removal, the statement of environmental effects submitted in support of the application confirms that no tree removal is proposed as the shed was relocated to retain the trees at the rear of the site and no works are proposed along the front boundary as part of this application. As a result a seven (7) part test of significance is not required as no vegetation removal is actually proposed as part of this application which is addressed by way of conditions of consent and recommended amendments to the site plan in red deleting reference to tree removal.

 

To address the issue of unauthorised removal and to screen the proposed shed, a landscape plan has been provided to Council however the species proposed in the landscape plan are not considered to be suitable.  As a result conditions are recommended for the provision of landscape screen planting containing suitable species to screen the shed and appropriately revegetate that part of the site (refer to Special Nos. 2.18, 2.19 and 2.20).

Section 4.9 Rural Development

 

(a)     Truck and Plant Storage

 

This section of the DCP provides guidelines for residential, agricultural and non-agricultural developments in rural areas to ensure developments would not detract from the scenic quality, nature conservation significance or agricultural productivity of rural areas. 

 

It is stated that Council will allow storage of up to two (2) trucks or similar equipment not intended for use on a rural property provided the vehicles are stored and not visible from public places.  The DCP further states that the vehicle movement times shall not impact on the amenity of the neighbourhood. 

 

The applicant has submitted the following information demonstrating compliance with the DCP:

·        Two (2) trucks (being a semi-trailer and a rigid truck) will be stored on the premises.

·        The vehicles are associated with the business owned and operated by the property owners.

·        The vehicles will be stored in the shed and would not be visible from surrounding developments and public places.

 

To protect the amenity of the residential neighbourhood, the following is recommended:

 

·        a trial consent period of 12 months be granted (Special Condition No. 2.1)

·        truck movements be restricted to four trips per day from 6:00am to 8:00pm Mondays to Fridays (Special Condition No. 2.3).

 

(b)     Access

 

The proposed 4m wide second driveway is adequate in facilitating access to the shed and truck turning area.  Considering the number of movements to be generated by the semi-trailer and rigid truck would be limited, the width of the driveway is not required to be widened to accommodate two-way traffic.  A standard condition (K202) is recommended requiring the submission of a Roads Act Application for the provision of a heavy-duty crossing.

 

(c)     Tree Preservation/Landscaping

 

Council’s records show that the site contains remnants of Castlereagh Scribbly Gum Woodland, a vulnerable ecological community. It was noted during investigation of a complaint that vegetation on the site has been cleared.  To maintain the landscape amenity and biodiversity of the area, conditions are recommended to reinforce that all trees are under Council’s Tree Preservation Order and appropriate tree protection measures be implemented during construction.  In addition, replanting is required as outlined below.

 

Although the applicant has amended the proposal for the provision of landscape screen planting in the vicinity of the truck turning area, the nominated species are not appropriate.  To further improve the landscape quality of the property and to maintain the rural setting, the following is recommended:

 

·        A 3 metre landscape buffer be provided to the truck turning area and extended to the shed.  The landscape buffer area is approximately 500m2.

·        Landscape planting containing a mix of ground and mid/under storey cover to be selected from a list nominated by Council.

·        20 replacement trees are to be planted on the property and the species to be selected from a list nominated by Council.

·        Maintenance of the landscape planting for a period of 36 months.

 

Refer Special Conditions Nos. 2.18, 2.19 and 2.20.

 

(d)     Flooding

 

The proposed development includes the filling of the existing unauthorised driveway and turning area to be filled with 200mm hardstand material (e.g. crushed sandstone or road base).

In considering the subject application and DA13/1432 for fill and fencing at the front of the site, the flooding impacts from the change in levels has been reviewed in detail. It is necessary for the proposed front fence to include amendments in red for the fencing to be open style with no masonry portion at the bottom to allow for overland flow and the amount of fill is restricted.

 

The proposed filling of the second driveway and turning area to be filled with 200mm hardstand material will not alter the sheet flow and will not adversely impact on the existing overland flow behaviour across the site. As a result the proposed development satisfies the flooding considerations within Section 2.10 – Flood Liable Development of DCP 2006.

 

 

 

 

(e)     Fencing

 

Clause 1 - Dwellings and Outbuildings of DCP 2006 Part 4, Section 4.9 - Rural Development requires the following for fencing:-

 

Only rural style fencing will be allowed i.e. of an open rural nature in character with that normally found in rural areas. No objections are raised to internal courtyard fencing, or entry fencing, provided such fencing is sensitive to the rural environment.

 

The proposed front fence which is subject of DA13/1432 is predominantly open and is sympathetic to the rural character of the locality. The proposed entry feature is masonry construction and is consistent with the existing entry feature on the site. No objection is raised as there are similar fencing outcomes in the broader locality and the proposal will not have an adverse impact on the streetscape. 

 

As a result the proposed development is considered to have satisfied the considerations within Clause 1 – Dwellings and Outbuildings of DCP 2006, Part 4 Section 4.9 - Rural Development.

 

(f)      Filling

 

Clause 8 - Filling - Agricultural Developments of DCP 2006 Part 4, Section 4.9 - Rural Development provides the following aims:-

 

·        Allow filling only where it enhances the use of rural properties.

·        Ensure that no adverse impact on local drainage characteristics occurs.

·        Ensure filling will not increase flood hazard or risk to other properties.

·        Ensure that material used is satisfactory in terms of potential impact on local soil and water quality.

 

The legitimisation of minor top soil spreading is considered to satisfy the aims of the DCP in that the fill does not impact on local drainage risk as detailed above, the fill does not increase flood hazard as outlined above, the fill material was sourced from the site (excavation for second driveway) and there is no adverse impact in terms of water quality or stormwater diversion. The driveway will also be topped with road base from a reputable supplier and evidence will be supplied of its purchase.

 

As a result the proposed development is considered to have satisfied the considerations in relation to filling within DCP 2006, Part 4, Section 4.9 - Rural Development.

 

Section - 4.10 (Rural Sheds)

The proposal has been assessed against the provisions of this section of DCP 2006 as shown in the following compliance table. It is acknowledged that the normal requirements for rural sheds are hard to satisfy in this instance due to the size of the trucks being housed. The permissibility of the storage of trucks is under a separate definition and is not an ancillary component to the dwelling as a shed would normally be.

The following table identifies where the proposal does not meet the DCP numerical controls.

 

Guideline

Proposed

Compliance

Maximum cumulative building footprint of all sheds

150m2

288m2 + existing garage (approximately 42m2) = 330m2

No

Overall height

5m or no higher than the ridgeline of the dwelling house, whichever is less

6.634m and below the ridgeline of the dwelling

No

Maximum external wall height

3.6m

5.4m

No

Maximum length

15m

24m

No

Roof pitch

15° to 20°

10°

No

Narrow Elevation

To face the road

Longest elevation faces the road but is obscured by the large dwelling.

No

 

The applicant has provided the following justification for the variations:

 

·        The shed is required for the garaging of two (2) truck vehicles and personal items hence the size.

·        The shed would have minimal visual impact considering its setback from all boundaries and being screened by the existing dwelling and landscaping.

·        The proposed 6.634m ridge height is below the dwelling and would not dominate the rural landscape given the setbacks and the shed being screened by the existing dwelling and landscaping’.

·        The design of the shed is typical for a rural shed and similar to other sheds in the locality.

·        The use of the shed complies with the definition of garaging of plant and trucks.

·        The 5.4m external wall height and 6.634m ridge height is required to facilitate minor maintenance of the trucks by the owner.

·        The 24m wall length would facilitate the garaging of the two (2) trucks.

·        The reduced roof pitch would reduce the overall height and visual impact.

 

Maximum cumulative building footprint and Narrowest Elevation

The proposed variation from the maximum building footprint and narrowest elevation siting can be supported for the following reasons:

 

(a)     The proposed shed will be used for the garaging of a semi-trailer, a rigid truck and other personal items.

(b)     The applicant has reduced the size of the shed from the original proposal of 396m2 to 288m2 to minimise its visual bulk and scale.

(c)     The proposed shed is responsive to the size and rural-residential use of the property.

(d)     The shed is adequately setback from the front and side boundaries and together will existing vegetation and appropriate landscape screen planting, its visual impact will be minimised.

(e)     The orientation of the shed is ideal as the shed itself aids in screening the turning area. The existing dwelling partially obscures the shed, as well as existing vegetation and proposed landscaping and mounding.

 

Maximum height, external wall height, wall length and roof pitch

The variation to the overall design of the shed can be supported for the following reasons:

 

(a)     This inconsistency is mainly a function of garaging a semi-trailer and a rigid truck.

(b)     A lower roof pitch is proposed to minimise the visual bulk of the shed and reduce its overall height.

(c)     The proposed shed will be provided with landscape screen planting to further minimise its dominance of the rural landscape.

(d)     The colorbond construction of the shed in earthy tones is sympathetic to the rural setting and surrounding built environment.

 

In view of the above, it is considered that further amendments to the shed to achieve compliance with the DCP are not necessary. 

 

The numerical requirements for sheds relate to an ancillary component to the principle dwelling on the site. Given that the proposed use for storage of truck vehicles is separately defined and the size of trucks being greater than normal farm machinery or personal vehicles, it is considered reasonable that the shed would be larger than the DCP requirements. The visual and amenity impacts have been considered and appropriate conditions imposed to reinforce what has been proposed by the applicant in terms of materials and landscaping.

 

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

 

The development complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.  The likely impacts of the proposed development upon the surrounding area are discussed as follows:

 

Context and Setting

 

Developments in the area are predominantly rural-residential in nature.  It is considered that legitimising unauthorised tree removal and earthworks as well as the construction of the proposed shed will have minimal impact on the streetscape subject to conditions of consent. The existing dwelling aids in screening from the street, in conjunction with proposed mounding and landscaping. The proposed front fence is open in design and is consistent with the rural-residential area.

 

The proposal to construct a shed for the garaging of a rigid truck and semi trailer, the associated truck turning area and driveway are ancillary and incidental to the primary use of the site which is for rural-residential purposes.  Issues related to variations to the overall design of the shed have been addressed above.  It is considered that the shed, the associated truck turning area and driveway would have minimal impact on the rural setting of the locality provided the conditions of consent recommended as part of this report are imposed and complied with. 

 

Site Design and Internal Design

 

The height and materials of the shed are proposed to be earthy tones, which are sympathetic to the existing built environment. The depth and width of the proposed earthworks will be restricted to minimise any likely impact on the neighbouring properties with respect to stormwater surface runoff as outlined in detail above.

 

To ensure the development is responsive to the characteristics of the site and the surrounding built environment, the application has adopted the following measures:

 

·        reduce the size of the shed from originally proposed 396m2 to 288m2.

·        increase the western side setback of the shed from 7.5m to 9.5m.

·        provide landscape screen planting in the vicinity of the shed and truck turning area.

·        provide appropriate landscape screen planting to ensure compatibility with the existing vegetation.

 

Access, Transport and Traffic

 

The proposed second driveway and truck turning area will facilitate access to the shed for the garaging of the semi-trailer and rigid truck.  The driveway width is adequate having considered the amount of traffic to be generated by the rigid truck and semi trailer.

 

Water Soil Air and Microclimate

 

The applicant has confirmed that no fill will be imported and study of aerial photos has also indicated that the stockpile and the excavated materials are of a similar soil type, to ensure the quality of the soil, the standard condition stating no filling without Council’s prior approval  is recommended (refer Standard Condition D005).

 

The applicant seeks approval for the completion of earthworks and construction of the driveway and truck turning area.  This requires filling of the excavated area with 200mm of crushed sandstone, road base and equivalent. Road base will be imported to top the driveway, however evidence will be submitted to ensure it is clean, by way of a condition of consent. The standard condition stating no fill shall be imported to the site until a validation certificate for fill to be brought onto the site has been recommended.  Special Condition No.2.12 requires any aggregate materials to be used for the construction of the driveway shall comply with the EPA Recovered Aggregate Exemption 2010.

 

Flora and Fauna

 

The site contains remnants of Castlereagh Scribbly Gum.  Special Conditions Nos. 2.10, 2.18, 2.19 and 2.20 have been recommended to ensure:

 

·        provision of 500m2 of landscape buffer area surrounding the truck turning area and shed to offset the impact of previous vegetation removal and to help manage erosion and runoff and ensure the species to be planted are compatible with the existing Castlereagh Scribbly Gum vegetation community;

·        the replacement vegetation will be maintained until establishment; and

·        the remaining native vegetation will not be removed.

 

Noise and Vibration

 

The standard condition restricting the construction hours has been recommended to protect the amenity of surrounding developments (Refer to Standard Condition H041).

 

Further, operational hours have been restricted, as well as the number of trucks or plant being stored on site and the employees only to be permanent residents of the site (refer to Special Condition Nos. 2.2, 2.3, 2.4, 2.5 and 2.9). Special Condition No.2.3 has been specifically recommended restricting the vehicle movement times to 6:00am to 8:00pm Mondays to Fridays. The Statement of Environmental Effects indicates that the movements can easily occur within these times.

 

Natural Hazards

 

The site falls from the southwest to the northeast and is not affected by overland flow. The standard condition for the discharge of stormwater from the site to a level spreader system has been recommended.  Special Condition No. 2.8 is imposed to ensure the driveway and hardstand area are flush with the natural surface and there shall be no adverse impact on the neighbouring properties caused by diversion or concentration of surface flows.  

 

Socio-economic impacts

 

To minimise any adverse impact in the locality, it is recommended that a 12-month consent be granted to the use of the shed for storage of the rigid truck and semi trailer. The applicant can apply to modify and/or delete the time-limited condition after 12 months subject to strict compliance with the development consent.

 

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

 

The site is rural-residential in nature. The site allows for the storage of up to two trucks for use by residents of the dwelling. This can occur on a small scale and conditions have been recommended to ensure that the operation occurs in this manner to ensure that the impact upon the amenity of the surrounding residents, the visual impact and the impact upon the surrounding infrastructure is appropriate within the context of the broader locality.

 

In view of the assessment, Council can be satisfied that the site is suitable for the proposed development for the following reasons:

 

·          The proposed shed for the storage and maintenance of two (2) pieces of plant or trucks operated by the occupier(s) of the property is permitted in 1(b) Rural “B” – Smallholdings zone under LEP 201.

·          The proposal, subject to compliance with the recommended conditions and a 12 month period for use, will be compatible with the rural character of the locality.

·          The development will have minimal impact on the amenity of the neighbourhood.

 

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

 

In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made.

 

Community Consultation

 

In accordance with Chapter 2.7 of the Penrith Development Control Plan 2006 – Notification and Advertising, the proposed development was notified to ten (10) residences in the area.  The exhibition period was between 23 June 2014 to 7 July 2014.  Council received submissions from two (2) households. The issues raised in the submissions are summarised below:

 

Issues

Comments

Applicant should provide registration numbers of the two trucks that will be stored on site.

The consent will allow the restricted storage of a rigid truck and semi trailer as indicated on the proposed floor plan.

The applicant stores trucks associated with this company on another property on the corner of Church Lane and Church Street. The truck movements between the properties must be considered. Up to 4 trucks seen on site and up to 5 on Church St site. Company advertises as a 24 hour truck transport company.

The applicant does not seek to operate a transport company from the premises.  Refusal of this application based on advertising and using the property as the trading address of a transport company cannot be relied upon. Conditions imposed which restricts the use to the storage of a rigid truck and semi trailer only, with no unloading on site are considered sufficient to regulate the proposal.

The applicant expects the unauthorised works and breaches of regulation to be ignored.

Determination of this application provides the opportunity for conditions to be imposed, which can be enforced by Council’s Compliance Section and fines and notices issued for breaches.

No development application should proceed on unauthorised works and cannot be retrospectively approved.

Consent cannot be granted retrospectively. This consent relates to the new shed, use of the shed and new earthworks to rectify the current situation.

Applicant is progressively bringing their entire business to the subject site.

The storage of trucks is limited to two pieces of trucking equipment being the rigid truck and semi trailer and will be enforced by conditions of consent. The application does not seek consent for the operation of a commercial business from the site.

Lighting installed on site is unnecessary for garaging of two trucks and is consistent with depot in industrial estate.

There are no restrictions in terms of the design and type of lighting to be installed in a rural-residential property and the hours of illumination.  However, Special Condition No. 2.13 has been recommended to ensure outdoor lighting is compliant with AS 4282 in relation to control of obtrusive effects of outdoor lighting and that it is directed away from adjoining dwellings.

The site office remains on site.

A condition is imposed to remove the site office as its retention is not supported.

LEP definition allows 2 pieces of plant or trucks. The applicant has a forklift and bobcat at premises recently.

Conditions of consent are recommended ensuring compliance with the LEP definition of no more than two trucks or pieces of plant or plant equipment to be stored at any one time. The application indicates a rigid truck and semi trailer and no bobcats or forklifts to be accommodated within the shed. This can be altered, provided the cumulative total of plant or trucks is two at any one time.

Scale and bulk of shed resembles a large industrial size shed. Owning a large semi trailer does not warrant a large shed and vast hard stand area.

The shed is of a size to accommodate the rigid truck and semi trailer, as well as personal items. The size of the shed is not uncommon in the area.

The height of the shed is three times the height allowed by Council.

The shed is 6.634m height, which exceeds the 5m requirement within the DCP but is satisfactory as outlined within this report.

Consideration of issues in a submitted report regarding size of the shed, positioning of the shed and unauthorised land fill with potential flooding and disruption to natural flow of water.

The impact of the proposed fill and fence on potential flooding and overland flow had been considered in detailed and addressed in Section 2 above. The location of the shed does not affect overland flow and the size of the shed is considered to be acceptable and not uncommon within the area.

Statement of Environmental Effects contains inconsistencies and proposal non-compliances.

The proposal has been clarified and is as set out in this report. Any non-compliances are addressed in the assessment above.

There is no mention of site office or flood lighting which are on the site.

The portable site office is to be removed, as conditioned and lighting is restricted by conditions of consent.

Questions if additional business “EvFam Haulage” is operating from the site.

Council is concerned with the number of trucks being stored on site, not the name of the business and the number is recommended to be conditioned.

 

The S82A review (DA13/0354.01) was exhibited and owners and occupiers of surrounding developments were notified from 9 January to 24 January 2014 in accordance with Section 2.7 Notification and Advertising of the Penrith Development Control Plan 2006.  The following is a discussion of all the issues raised in the submissions received by Council for this previous application:

 

Issues

Comments

There are more than two (2) trucks parked on the property, with up to 5 sighted.  Therefore the proposal does not comply with the definition of “garaging of plants and trucks” and is prohibited in the 1(b) Rural “B” Smallholdings zone under LEP 201

This application seeks approval for the garaging of a semi-trailer and a rigid truck, to be operated by the occupiers of the property, in the shed.  The proposal satisfies the definition of “garaging of plants and trucks” under the provisions of LEP 201 that is “the storage and maintenance of up to 2 pieces of plant or trucks operated by the occupier(s) of the property”.  This will be conditioned to ensure compliance can be monitored and enforced.

The nature of the use changes the rural character of the area and results in a loss of enjoyment of the rural lifestyle.

Special conditions have been imposed to restrict the operations to ensure the rural character and lifestyle of the surrounding properties can be maintained.

The proposed shed and truck turning area is excessive and indicates a usage beyond a rural shed.  It is likely that the property will develop into a trucking business and/or warehousing and distribution business which is inconsistent with LEP 201

The shed and truck turning area are required for:

·      The storage of two pieces of plant/trucks and personal items including a boat, caravan and equipment. 

·      To facilitate manoeuvring of trucks so that vehicles can enter and leave the property in a forward direction.

 

Usage of the shed will be conditioned to ensure strict compliance with the definition of ‘garaging of plants and trucks” under LEP 201.

 

Refusal of the application based on speculation that the property will develop into a trucking business cannot be substantiated.

 

Given that the proposed use for storage of a rigid truck and semi trailer is separately defined and the size of trucks being greater than normal farm machinery or personal vehicles, it is considered reasonable that the shed would be larger than the DCP requirements. The visual impact of the proposed shed has been considered in the assessment of the application and is considered satisfactory.

Noise impact associated with the operation of a truck depot/commercial enterprise from the property

To protect the residential amenity of the locality, a trial consent period of twelve (12) months is recommended for the storage of trucks (Special Condition No. 2.1).  In addition, conditions will be recommended restricting the number of trucks to be stored on the site, the number of vehicle trips and hours of vehicle movements on the property as outlined within Special Conditions No.2.2 and 2.3.

The earthworks have changed the topography of the area.  This may have flooding impact on the surrounding properties

The property is not affected by local overland flows and mainstream flooding.  The applicant has also submitted a survey which contains information that is consistent with Council’s information showing the site falls from southwest to northeast.  In this case, the proposal would have minimal flooding impact on the surrounding properties.

The proposal is not compatible with the rural character of the locality and neighbouring properties will experience loss of enjoyment of their properties

The storage of two (2) pieces of plant or trucks operated by the occupiers of the property is a permissible land use in 1B (Rural B zone – Smallholdings) under LEP 201.  To ensure the development is compatible with the rural character of the locality it is recommended that a trial consent period of twelve (12) months be granted for the storage of trucks on the premises. 

 

Together with the conditions restricting the number of vehicles to be stored on the site, the hours of vehicle movement and provision of landscape screen planting, it is considered that he amenity of the surrounding developments will be protected.

Clearance of vegetation is inconsistent with the zone objectives of the proposed E4 –Environment Living zone under the draft Stage 2 of the Penrith Local Environmental Plan 2010.

The proposal incorporates landscape screen planting.  Special conditions have also been recommended for:

 

·        The provision of a 3m wide landscape buffer zone to the truck turning area and the shed.

·        Planting of appropriate native species.

·        Maintenance of the landscape planting for a period of 36 months.

 

Subject to compliance with the recommended conditions, the proposal will comply with the objectives of E4 Environmental Living zone of the draft Stage 2 of LEP 2010 particularly in relation to preservation and improvement of natural resources.

The information that supports the development application is inaccurate and contradictory including usage of the shed, ownership of land to the east, clearance of  vegetation, flooding at the intersection of Jolly Street and Sheredan Street and runoff from Hinxman Road, existence of an unapproved driveway, visibility of the shed.

The applicant proposes to use the shed for the garaging and minor maintenance of a semi-trailer and rigid truck owned and operated by the owners of the property.  Other trucks associated with the owner’s business will be stored and maintained off site.  This will be conditioned accordingly. 

 

Council’s records show that the property to the east at No.11-39 Jolly Street is owned by the Department of Lands and there are no improvements on the site except for existing vegetation and a dam.

 

As stated earlier in the report, clearance of existing vegetation has been undertaken.  The recommendation for the provision of a landscape buffer with appropriate native species will offset the impact of previous vegetation removal.

 

Issues related to flooding have been addressed above.

 

The completion of the unapproved driveway is the subject of the application. 

 

The landscape screen planting will minimise the visual impact of the shed.

Trees removed & land cleared behind the dwelling and office shed placed on site already. Unauthorised works still being undertaken.

Council’s Compliance Section has been monitoring the site to ensure the applicant has ceased unauthorised works which has been substantiated. This application considers the completion of unauthorised works.

A dam has been constructed recently but does not form part of the application.

There are no dams on the site.

The local road network is not designed for heavy vehicles and it cannot cater for the increased transport activity (e.g. in terms of width, flooding, surface, lighting).

With the restriction to be imposed on the number of vehicles to be parked on site and that the premises shall not be used as a truck depot, the proposal would have minimal impact on local traffic conditions and the road network.

The unsealed surface of the truck turning area and driveway will result in dust and noise.

The applicant proposes to seal the first 20m of the driveway.  This is considered satisfactory in terms of minimising dust and erosion.  The special conditions restricting the number of trucks to be stored on the site, the hours of vehicle movements and number of trips would minimise any likely noise impact.

The site is bush fire prone land and the storage of fuel on the site is not suitable.

The property will not be used as a truck depot and mechanical workshop, the amount of fuel to be stored on the site would be limited and similar to other households’ usage for their lawn mowers, quad bikes and the like.

The proximity of the shed to the western boundary will result impact on the visual and acoustic privacy of the neighbouring property.

To minimise the visual and acoustic impact on the surrounding developments, the applicants have increased the western side setback of the shed to 9.5m.  The side setback well exceeds the 5m requirement of DCP 2006. 

 

Together with the restriction on the number of trucks to be stored on the site, hours of vehicle movement and number of trips and provision of landscape screen planting in the vicinity of the truck turning area and shed, it is considered that the amenity of the neighbouring property will be protected.

A demountable site office has been placed on the site and trucks have been parked behind this site office

The demountable building will be removed by way of a condition of consent (Special Condition No. 2.6).

The applicant advertises a transport company and trucks associated with this company are parked on the subject site and another property in Church Lane.

The applicant does not seek to operate a transport company from the premises.  Refusal of this application based on advertising and using the property as the trading address of a transport company cannot be substantiated.

Clearing of vegetation, excavation of the truck turning area and driveway have commenced prior to lodgement of the original development application.

The application is the outcome of Council’s investigation regarding a complaint for vegetation clearance, excavation and earthworks. 

 

In response to the Notice of Intention to Serve Order 12, the applicant lodged the application seeking retrospective approval for works that have been carried out as well as the construction of a shed and completion of fill.

It seems unfair and unjust requesting residents to prepare a submission when the applicants continue to breach Council’s regulations.

The S82A Review and new applications are required to be notified in accordance with DCP 2006.

Council has been unable to monitor the continued use of the property.

Council has undertaken compliance action against identified unauthorised activities including numerous inspections and will continue to do so.

The presence of employees on the subject site at different times is security concern and increases traffic.

With the restriction on the number of vehicles garaged on the site and hours of vehicle movements, the issue related to employees attending the site will be addressed.

Maintenance, service and repairs of trucks could be carried out on the premises and have noise and environmental impacts.

The application indicates that the trucks will be stored on site, with minimal day-to-day servicing of the trucks occurring on site, within the shed, which should not cause excessive noise impacts. All regular servicing or maintenance of the trucks is to occur off site. Special Condition No. 2.4 prohibits the property from being used for vehicle repair.

The proposal will make the area less desirable to live and impact on the property value.

To maintain the amenity of the surrounding developments and protect the rural character of the locality, a trial consent period of twelve (12) months for the use of the shed to store plant/truck(s) is recommended together with other appropriate conditions.

 

It is not evident that the storage of two (2) pieces of plant/trucks on the site will have an adverse impact on property values.

Additional traffic associated with the transport company and the likely impact on other road users.

It is considered that the storage of two (2) pieces of plant/trucks on the site would have minimal impact on local traffic conditions.  Appropriate speed limit has been in place to ensure safety of other road users.

 

Requests to consider the imposition of load limits along Jolly Street has to be submitted for Council’s consideration and approval from Local Traffic Committee has to be sought.

Inaccurate description of the development proposal for the featured entry, front fence and earthworks

The description of development proposal for DA13/1432 has been amended to correctly reflect the proposed works.

Permissibility of street type lighting on residential properties and restrictions on hours of illumination and lights shining into nearby properties.

There are no restrictions in terms of the design and type of lighting to be installed in a residential property and the hours of illumination.  However, Special Condition No. 2.13 has been recommended to ensure outdoor lighting is compliant with AS 4282 in relation to control of obtrusive effects of outdoor lighting.

Restricted conditions required to control the use.

A number of special conditions have been recommended to control the storage of trucks. Refer to Special Conditions 2.2, 2.3, 2.4 and 2.7.

Restrictions needed on truck numbers, hours of operation and employees.

A number of special conditions have been recommended to control the storage of trucks. Refer to Special Conditions 2.2, 2.3, 2.4 and 2.7.

Safety issues from trucks on rural streets (e.g. in terms of no footpaths, children walking from nearby school).

The proposal in its limited form should not result in an unsafe road environment.

Light from trucks shining into nearby houses.

The hours of operation of the trucks has been restricted by special conditions to limit the noise and light impacts from the trucks. Refer to Special Condition 2.3.

Stormwater runoff needs to be managed and checked by Council.

Subject to compliance with these recommended conditions, the unauthorised earthworks, the proposed additional fill and proposed front fence will maintain the existing sheet flow and will not adversely impact on the existing overland flow behaviour across the site. The amount of fill is being limited.

 

Incorrect reference to 81 Church Lane, Cranebrook on the plans.

This application relates to Nos. 41 - 47 Jolly Street only. 

Top dressing of soil will affect natural flow of water on adjoining properties.

The overland flow of water has been considered in detail in the current application and DA13/1432 to ensure that there are no resulting impacts on adjoining properties in terms of flooding.

Support a building to allow hobbies and storage of equipment to maintain the property, but object to use as a transport terminal.

The site will not be used as a transport terminal and conditions have been imposed to ensure this.

Concern about potential advertising and signage which could generate traffic to the site.

No signage is proposed as part of this application. Signage may be permitted as Exempt & Complying Development or as part of a separate development application.

 

 

Conclusion

 

In assessing this application against the relevant environmental planning policies, the proposal satisfies the aims, objectives and provisions of these policies subject to recommended conditions of consent.

 

The above assessment concluded that the proposal can be approved for the following reasons:

 

·        The proposal for garaging of two (2) truck vehicles (rigid truck and semi trailer) in the shed is a permissible land use in the zone.

 

·        The second driveway and turning area along the eastern boundary is supported as it is keeping the trucks away from the adjoining dwellings.

 

·        The amended proposal has demonstrated that the aims and objectives of LEP 201 and the zone objectives can be achieved particularly in relation to conservation of the rural character and the scenic and landscape quality of the locality and ensure the development complements these character and qualities.

 

·        The proposal has demonstrated that the aim and objectives of the DCP and the relevant provisions for rural developments and rural sheds can be achieved in relation to allowing storage of trucks owned and operated by the occupier of the property in a shed that would not detract from the rural qualities of the locality.

 

·        The restriction to store two (2) truck vehicles in a shed with landscape screen planting would minimise its impact on the natural and built environment and the amenity of the neighbourhood.

 

·        Given that the LEP allows for consent to be granted for garaging of plant and trucks which are larger than normal rural equipment, it is reasonable to expect that a shed larger than that generally required for rural living would be required. There are no specific requirements for sheds for this particular use.

 

The recommendation further requires Council's Compliance Section to ensure that regular monitoring of the site, at various times, occurs to ensure compliance rather than relying on complaints from neighbours. 

 

In view of the complaints received by Council in relation to the number of trucks parked on the premises, it is considered that strict compliance with the definition for garaging of plant and trucks under LEP 201 is essential in terms of permissibility and the property will not be used as a truck depot. Therefore it is recommended the consent for use of the shed for storage of two trucks be time limited to twelve (12) months to monitor compliance with this definition and review the impacts of the development on the surrounding area.

 

The site is suitable for the proposed development and there is not considered to be any adverse impacts arising as a result of a temporary period being granted for the use and stringent conditions regarding the operation of the use, as well as requirements relating to landscaping and water runoff. Therefore, on balance the application is worthy of support, subject to recommended conditions.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0622 Retrospective approval for earthworks, construction of a shed and parking of 2 x truck vehicles (rigid truck and semi trailer) at Lot 122 DP 709303 (No.s 41-47) Jolly Street, Castlereagh be received.

2.    Development Application No DA14/0622 be approved subject to the following proposed conditions:

Special Conditions

2.1     A trial consent period of twelve (12) months is granted for the storage and basic maintenance of two (2) pieces of plant or truck vehicles operated only by the occupier or occupiers of the property  this consent lapses upon expiry of 12 months from the date of consent.  Prior to expiry of the date of the trial consent period, the applicant may submit a new Application for any continuance of the use.

2.2     The shed shall only be used for the storage and basic maintenance of two (2) pieces of plant or truck vehicles, where the plant or truck vehicles are operated only by the occupier or occupiers of the property. The shed may also be used to store personal items ancillary to the dwelling or rural use of the land, but is not to be habitable or for commercial purposes.

2.3     Truck movements are restricted to four (4) vehicle trips per day            and restricted to between 6:00am and 8:00pm Monday to Fridays. No trucks movements are permitted on Saturdays, Sundays and public holidays.

2.4     The property must not be used as a truck/transport depot and/or vehicle repair workshop or vehicle repair station for:

i)                 the parking or servicing of motor vehicles used in connection       with a business, industry or freight transport undertaking      garaging or storage or maintenance or servicing of any other        trucks; or

ii)       repair of vehicles

         other than the two (2) pieces of plant or trucks approved herein.

2.5     Storage of additional trucks or employee’s vehicles must occur at a site which is subject to development consent for such use. Employees of the business are not to leave their vehicles on site and drive one of the two trucks stored on site, unless they are a permanent occupier of the property.

2.6     The demountable office building must be lawfully removed from           the property within 30 days of the issue of this consent.

                             2.7     All minor truck maintenance work is to be undertaken only by the                                      owner of the property and must be undertaken inside the shed on the                                site. Minor truck maintenance work is to be restricted to between                                     6:00am and 8:00pm Monday to Fridays, 9:00am and 1:00pm                                            Saturdays. No minor truck maintenance work is permitted on                                            Sundays and Public Holidays.  

2.8     Any driveway works and hard stand area are not to have an adverse impact upon stormwater surface flows on or from adjoining properties.  All works are to be flush with the natural surface.  Any works, including mounding, are not to dam, concentrate, or divert surface flows onto adjoining properties.

                             2.9     The two trucks must be stored inside the shed at all times and                                            no loading or unloading of goods to or from the trucks is permitted                                     on the site.

2.10   No native trees or other vegetation (including shrubs and other understory vegetation) are to be removed, ringbarked, cut, topped, lopped, slashed or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council's Tree Preservation Order and Policy.

2.11   No fill, machinery, or materials are to be placed or stored within the      drip line of any tree.

2.12   Any aggregate material used for the construction of the driveway is to comply with the requirements of the EPA Recovered Aggregate Exemption 2010.

2.13   Exterior lighting shall be located and directed in such a manner so as    not to create a nuisance to surrounding land uses and shall be    directed away from adjoining dwellings. The lighting shall be in     accordance with AS 4282 ‘Control of the obtrusive effects of outdoor          lighting (1997)’.

2.14   The earthworks approved herein must comply with AS 3798 and          Council’s Design Guidelines and Construction Specifications for Civil      Works.

2.15   Prior to the issue of an Occupation Certificate for the shed, a          Work-as-Executed Plan prepared by an appropriately qualified          consultant is to be submitted to Penrith City Council and verifies that    the finished ground levels reflected within the approved survey           drawing (approved as part of this consent) have been maintained.        Any changes to finished ground level beyond those approved are to      be rectified prior to the issue of any Occupation Certificate.

2.16   The colour of the shed is to be earthy tones, consistent with nearby       sheds and in accordance with the list on the DCP and non-reflective.         Details of the colour are to be provided with the construction certificate.

2.17   All piles of fill are to be removed, either dispersed over the site as top    dressing within the levels permitted by this consent or removed off   site with details of the disposal location provided to Council.

2.18   Prior to OC, a vegetated buffer 3m wide surrounding the       hardstand area to           offset the impact of previous vegetation and     habitat removal and to help manage           erosion and runoff, and          visual amenity is to be installed. This is approximately 500m2.        The vegetated buffer is to consist of species from the Castlereagh           Scribbly      Gum vegetation community and is to contain a selection    of species from the      mid/under storey and the ground stratum. The species are to be selected from the following lists:

·           List A – Ground stratum - At least 8 different species planted at a density of 2 plants per m2.

- Aristida ramosa

- Aristida warburgii

- Boronia polygalifolia

- Dianella revoluta var. revoluta

- Entolasia stricta

- Goodenia bellidifolia subsp. bellidifolia

- Lomandra glauca

- Lomandra multiflora subsp. multiflora

- Patersonia sericea

- Platysace ericoides

- Stylidium graminifolium

- Themeda australis

- Thysanotus tuberosus subsp. tuberosus

- Xanthorrhoea minor

·      List B – Shrub stratum - At least 8 different species planted at a density of 1 plant per m2.

- Acacia brownii

- Acacia elongata

- Banksia oblongifolia

- Banksia spinulosa

- Bossiaea rhombifolia

- Callistemon pinifolius

- Daviesia ulicifolia

- Grevillea mucronulata

- Hakea dactyloides

- Hakea sericea

- Isopogon anemonifolius

- Leptospermum polygalifolium

- Leptospermum trinervium

- Lissanthe strigosa

- Melaleuca erubescens

- Melaleuca thymifolia

NOTE: All plants are to be local provenance and are to be sourced from nurseries using local provenance seed.

                             2.19   In addition to the vegetated buffer plantings, 20 trees are to be                                          planted on the property (note: these are at a ratio of approximately                                2:1 for the trees removed for the initial unauthorised works). At least                               5 of these trees are to be located within the vegetated buffer                                        surrounding the hardstand area and the remaining trees should be                                     planted to the rear of the hardstand area, augmenting the cleared                                      and degraded areas. Trees are to be of the following species only:

- Eucalyptus sclerophylla

- Eucalyptus parramattensis;

- Angophopra bakeri.

Note: NO trees are to be planted within the Asset Protection Zone of the house.

NOTE: All plants are to be local provenance and are to be sourced from nurseries using local provenance seed.

                             2.20   All landscape plantings are to be maintained for a period of 36                                            months (3 years). This includes watering, weeding and replacement                                  planting if plant death exceeds 15%.

                             Standard Conditions

A001 – Approved plans that are architecturally drawn – amend in red

A008 – Compliance with BCA

A019 – Occupation Certificate

A020 – Use of Building

A030 – No Retail Sales

A032 – Goods in Building

A046 – Issue of Construction Certificate

B004 - Dust

B005 - Mud/Soil

D001 – Sedimentation and Erosion Controls

D002 - Spraygrass

D005 – No filling without prior approval

D006 – No Filling without prior approval

D009 – Covering Waste Storage area

D010 - Appropriate disposal of excavated or other waste

D014 – Plant and Equipment Noise

E001 - BCA compliance

H001 - Stamped plans & erection of site notice 1 (Class 2-9)

H002 - All forms of construction

H011 – Engineering plans & specifications

H041 – Hours of work

L007 - Tree protection measures–no TMP with DA

L008 – Tree preservation order

K202 – Section 138 Roads Act

K208 - Stormwater Discharge – Minor Development

K501 – Penrith City Council Clearance – Roads Act/Local Government Act

Q001F – Notice of Commencement & Appointment of PCA

Q005F – Occupation Certification for Class 10 Structure

 

 

3.    Further compliance action be pursued in relation to identified unauthorised works on the site.

4.    Council’s Compliance Officers monitor the site for compliance with conditions of consent.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0622 - Locality Plan

1 Page

Appendix

2.  

DA14/0622 - Site Plan

1 Page

Appendix

3.  

DA14/0622 - Floor Plan and Elevations

1 Page

Appendix

4.  

DA14/0622 - Floor Plan and Storage Details

1 Page

Appendix

  


Ordinary Meeting                                                                                                            25 August 2014

Appendix 1 - DA14/0622 - Locality Plan

 

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Ordinary Meeting                                                                                                            25 August 2014

Appendix  2 - DA14/0622 - Site Plan

 

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Ordinary Meeting                                                                                                            25 August 2014

Appendix 3 - DA14/0622 - Floor Plan and Elevations

 

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Ordinary Meeting                                                                                                            25 August 2014

Appendix 4 - DA14/0622 - Floor Plan and Storage Details

 

PDF Creator


Ordinary Meeting                                                                                              25 August 2014

 

 

 

4

Development Application DA14/0704 Fernhill Picnic Races to be held on 18 October 2014 and one (1) day per calendar year from 2015 to 2018 including erection of associated temporary  structures at (No 1041) Mulgoa Road, Mulgoa  Applicant:  Ae Design Partnership;  Owner:  Owston Nominees No 2 Pty Ltd   

 

Compiled by:               Belinda Borg, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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

 

Executive Summary

Council is in receipt of a Development Application from AE Design Partnership, which seeks approval for the purpose of conducting a Picnic Horse Racing Event. The Event is proposed to be held on 18 October 2014 and one day per calendar year from 2015 to 2018 including the erection of associated temporary structures with a maximum of 10,000 ticketed spectators in attendance.

The Development Application was submitted as an integrated application and the Heritage Council of New South Wales was consulted as a part of the referral process. The subject site is zoned E2 Environmental Conservation and E3 Environmental Management under Penrith Local Environmental Plan (LEP) 2010. The proposed Picnic Horse Racing Event is defined as a recreational facility (outdoor) and is permissible on the site as a temporary use in accordance with Penrith Local Environmental Plan 2010 clause 2.8.  The Local Police Command were notified of the proposal and provided no objection to the application.

In response to advertisements in the local papers, widespread notification to residents within a 2km radius of the development site and public exhibition of the application, a total of six (6) submissions were received. The submissions raised concerns regarding permissibility and the use of Heritage Incentives within Penrith LEP 2010, submission of owners consent, traffic including road diversions along Farm Road, adverse noise impacts, site suitability, adverse impacts on the residents of Mulgoa, bushfire management, retention of the white racing rail and removal of vegetation within the site.

It is acknowledged that staging such a large event has the potential for impacts to occur.  These impacts need to be considered having regard to the economic and community benefits that such an event brings to Penrith and the one-off nature of the event. It needs to be acknowledged that Council undertook a significant notification process which resulted in 6 submissions being received.   Although the issues raised are relevant, it is conceded that the community feedback would suggest that the event has not caused major community concern.  Council has also monitored previous events at the Fernhill Estate to determine the effectiveness of measures implemented during these events. Such events are conducive to a regional city and provide a focus on the City for a short time.

A separate Local Traffic Committee Report has been prepared and appears in tonight’s Business Paper endorsing the Traffic Management Plan to be implemented during the event, which includes the diversion of traffic along Farm Road.

The event is a one day temporary use of the site and will be subject to environmental management requirements.  The event will draw a focus on the Mulgoa area while at the same time provide a connection to what the Fernhill site was affiliated with in the past, this being equine pursuits. The proposal is considered to have merit and is recommended for conditional approval.

Background

The applicant attended a pre-lodgement meeting on 11 June 2014 with the following advice being provided by Council:

·        The proposal will require approval from the Heritage Council as the site is listed on the State Heritage Register in accordance with Section 57 of the Heritage Act, 1977.

·           A Section 60 approval from NSW Heritage Office will be required prior to the commencement of any works on the site.

·        Consultation with the stakeholders including NSW Police, City Rail, Western Sydney Area Health Service, NSW Ambulance, Roads and Maritime Services and Rural Fire Service should be undertaken.

·        The submission of the Development Application should include a Statement of Environmental Effects, Event Management Plan, Traffic Management Plan, Acoustic Report, Heritage Impact Statement, Security Management Plan, Alcohol Management Plan, Potable Water Information, Food Management Plan, Horse Management Plan and Waste Management Plan.

·        The legitimisation of the Racing rail located on the site need to be addressed within the submission of the Development Application.

Site and Surrounds

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

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

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

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

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

A Locality Plan is outlined in Appendix 1 to this report.

The Proposed Development

The proposed development comprises the following:

a)      Use of the land for the purpose of conducting the Fernhill Picnic Horse Racing Event on 18 October 2014 and one day per calendar year from 2015 to 2018.

b)      A total of 10,000 tickets will be sold/ made available to the event; with children under 14 attending the race day will not require a ticket. Various tickets are available to the public, ranging from general admission only, tickets inclusive of food and beverage, private marquees and VIP packages.

c)      The temporary structures required as part of the event include a command centre, jockey/ steward office, horse stables, steward towers, outdoor big screen televisions, marquees, grand stands, stage, bathroom facilities, shower facilities, service tents, crowd control barriers, generators, water services.

d)      Activities and entertainment to support the Picnic Horse Racing Event including VIP marquees, fashions on the field, beer gardens, music, face painting, pony rides, farm animals, outdoor big screen televisions and various sporting activities. A range of food vans will be arriving at the site on race day to provide a variety of food options for spectators. Corporate catering will also be provided onsite.

          Gates to the venue will open at 10am, with the gates to the parking areas accessible from 9am. Horse racing will commence at 1pm, with 6 races to be held. Post Racing Entertainment will be conducted at the conclusion of the horse racing, from 6pm to 9pm as a means of staggering spectators leaving the site and minimising traffic congestions within the local road network. Gates will close at 10pm.

e)      Outdoor big screen televisions will provide opportunities to watch horse races being held at various locations including Randwick and Flemington (VIC). Mobile TAB vans will be provided to enable spectators to place bets on these races. Bookmaking facilities will be provided to enable betting of the horse races at the venue.

f)       On-site parking will be provided, with 3,000 spaces available for spectators and staff. An additional 22 accessible parking spaces will be provided within close proximity of the event areas. Tickets for the on-site car parking can be pre-purchased for the event.

g)      Shuttle bus services will be provided between two pick up locations, Penrith Station and Penrith Paceway to the site. It is expected a shuttle bus will leave Penrith Station every 5 minutes and Penrith Paceway every 10 minutes to the event during peak periods of spectators arriving at the site. An additional Mulgoa Village bus service will also operate providing pick up for people within the Mulgoa Village and parking to be provided at Mulgoa Public School.

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

i)        Retention of the existing white racing rail.

j)        Implementation of a Traffic Management Plan which includes the diversion of traffic along Farm Road.

Site Plan Appendix 2 and Event Area Map Appendix 3 have been included in this report.

Construction works for the temporary structures for the 2014 Picnic Races will commence on 14 October 2014, with the site being returned to its original state by 20 November 2014. 

A Racing Licence has been granted to Hawkesbury Race Club to conduct the horse racing event at the site (Refer to Appendix 6 - Racing Licence).

Planning Assessment

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

•          Heritage Act 1977

•          Water Management Act 2000

•          Sydney Regional Environmental Plan 20 – Hawkesbury / Nepean River

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

•          Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

•          Penrith Local Environmental Plan 2010

•          Penrith Development Control Plan 2010.

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

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

Heritage Act 1977

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

Section 57 of the Heritage Act states:

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

(a)     demolish the building or work,

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

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

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

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

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

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

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

The Development Application was referred to the Heritage Council of New South Wales for consideration. General terms of approval were issues on 13 August 2014 and will be attached to the Notice of Determination (Refer to Appendix 4 – General Terms of Approval).

Water Management Act 2000

In consideration of the Development Application for the previous Picnic Races, the applicant engaged in correspondence with the Department of Primary Industries – Office of Water, who issued an email response dated 30 July 2013 outlining the following:

If no work (as defined by the EPA Act) is occurring on Waterfront Land (i.e. land within 40 m from the top of the bank of a river including the bed and bank) then no controlled activity approval (CM) from the Office of Water would be required and no further referral is needed.

In my opinion, CM is not required for events even if it includes temporary structure on the waterfront land since temporary structure is not defined as "work" under the EPA Act.

As the proposed works are limited to temporary structures, no further correspondence is required with the Department of Primary Industries - Office of Water.

Sydney Regional Environmental Plan 20 – Hawkesbury / Nepean River

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

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

The Draft Fernhill Picnic Race Day Event Management and Operational Plan has been considered in the assessment of the Development Application and is considered to be satisfactory, subject to an updated document including the construction and operation checklists (Appendix B & C) completed within 28 days prior to the event (Refer to Recommended Condition 2.14).

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

The relevant aims of this Policy are:

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

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

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

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

Clause 12 of the SEPP states that:

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

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

Comment: The maximum number of patrons permitted within any part of the structures to be used as part of the events are to be clearly displayed in a prominent position on each structure used, in particular the temporary grandstands.  (Refer to Recommended Conditions 2.14).

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

Comment: Conditions of consent are recommended to require that the noise activities be managed and controlled to ensure inappropriate noise levels do not occur within an unreasonable period. Refer to Section 79C(1)(b) of this report for an assessment and Conditions 2.44.

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

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

A community contact hotline is also required to be provided so that any concerns regarding noise generation can be address immediately (Refer to Recommended Conditions 2.46).

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

Comment: The impacts on the operational performance of the surrounding road networks are satisfactory given the significance of the event to the greater Penrith City area. Refer to Section 79C(1)(b) on traffic further in the report.

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

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

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

Comment:  The site for the event is large, with the Picnic Racing Event Precinct and existing horse racing track being well setback from the adjoining residential properties. 

Adequate vehicular access to the site is provided and extensive parking areas have been provided on site appropriately located in relation to the Picnic Racing Event Precinct within the existing horse racing track.

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

Comment:  Temporary amenities will be available to the patrons of the event and serviced regularly. (Refer to Recommended Condition 2.36)

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

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

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

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

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

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

Comment: The use of the land is for purposes of conducting a Picnic Horse Racing Event on 18 October 2014. Construction works for the temporary structures will commence on 14 October 2014, with the site being returned to its original state by 20 October 2014, which is considered satisfactory.

Construction works of temporary structures required for the 2015 – 2018 Picnic Races will be time limited to commence no more than four (4) days before the Picnic Races event and be removed within two (2) days of the conclusion of the event. (Refer to Recommended Condition 2.05).

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

Comment: Council’s Building Surveyor has reviewed the application and provided recommended conditions of consent in regards to the temporary structures (Refer to Recommended Conditions 2.14 and 2.15).

Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

Fernhill Estate has been listed as a State Significant Heritage Items. An extract from the Office of Environment and Heritage website, outlining the importance of the site is outlined in Attachment 5 to this report.

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

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

(a)     demolish or alter the building or work,

(b)     damage or move the relic,

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

(d)     damage or despoil the place or tree,

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

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

except with the consent of the Council.

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

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

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

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

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

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

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

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

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

The Development Application was referred to the Heritage Council of New South Wales for consideration, including the heritage impact statement supporting the application. General terms of approval were issues on13 August 2014 and will be attached to the Notice of Determination (Refer to Appendix 4).

The heritage impact statement, in conjunction to the General Terms of Approval was considered by Council’s Heritage Officer and no objection was raised in relation to the proposal.

Penrith Local Environmental Plan 2010

Permissibility

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

The proposed development includes the retention of the white racing rail. The applicant has detailed that the white racing rail is ancillary to the existing use of the site as an Animal Training Establishment, which is permissible under the provision of Penrith Local Environmental Plan 2010. 

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

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

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

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

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

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

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

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

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

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

The Horse Racing Event is considered to be a temporary use of the land as a recreation facility (outdoor), being limited to 7 days and will involve the construction and removal of all temporary structures. In the event that the owners/ applicant wish to hold the event at the site after 2018, a separate Development Application would need to be submitted.

A rehabilitation plan will be provided and enacted at the completion of the event to return the site to its predevelopment state. An inspection will be undertaken by Council to inspection to the rehabilitation works (Refer to Recommended Condition 2.80).

In reference to the white racing rail, the proposal does not demonstrate the need for the racing rail to be retained to facilitate the animal training facility and was originally constructed as NSW Racing Safety Requirements. It is therefore considered appropriate that the racing rail be removed after each racing event (Refer to Appendix 4 – Heritage Office General Terms of Approval).

The “Draft Fernhill Picnic Race Day Event Management and Operational Plan” has been considered in the assessment of the Development Application and is considered to be satisfactory, subject to an updated documents including the construction and operation checklists (Appendix B & C) completed within 28 days prior to each event (Refer to Recommended Condition 2.06).

While the site has been identified as being bushfire prone land, the location of the horse track and associated temporary structures will not increase the bushfire risk of the site.

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

LEP and Zones Objectives

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

Clause 6.5 – Protection of scenic character and landscape values

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

The temporary nature of the use and structures associated with the event means these elements will be removed from the site upon the completion of the event. A rehabilitation plan will be submitted detailing the rectification works to be completed to restore the site back to its original state (Refer to Appendix 4 - Heritage Office General Terms of Approval). 

The white racing rail is considered to be highly visible from Mulgoa Road, adjoining properties and within the site itself. The retention of the white racing rail, in its current state, is not considered to be in keeping with the scenic character and landscape values of the site.

The white racing rail and finishing line structure, required  to facilitate the Picnic Racing Event, will be required to be removed within two (2) weeks of each event concluding, with the reconstruction of the fence being undertaken within two weeks of the proceeding event (Refer to Appendix 4 - Heritage Office General Terms of Approval).  An inspection will be undertaken by Council to inspection to the rehabilitation works (Refer to Recommended Condition 2.80).

The removal of the white raining rail and finishing line and the appropriate rehabilitation of the site will ensure the development will not alter the character of Mulgoa Road.

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

Stage 2 of the Penrith Planning Proposal outlines that;

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

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

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

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

Penrith Development Control Plan 2010

DCP Objectives

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

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

C2 Vegetation Management

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

Council’s Senior Biodiversity Officer considered the previous Fernhill Picnic Races and determined the following:

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

●       There will be no access or other impact on the wetland areas and associated vegetation within the central area of the race track.

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

The proposed Picnic Races are of a similar nature and location to the proposed Picnic Races. As such, comments previously provided remain unchanged.

Conditions previously recommended by Council’s Senior Biodiversity Officer relating to, implementation of erosion controls, tree removal and protection of existing vegetation on site have been included within the recommendations of this report (Refer to Recommended Conditions 2.47 and 2.53 respectively).

C3 Water Management

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

The submission of the Environmental Management Plan, including the provision of a Soil and Water Management Plan will ensure appropriate measures are implemented during the event to protect the site (Refer to Recommended Condition 2.47).

Potable water will also be transported to the site to ensure the provision of a sufficient and reliable water supply to support the event. These matters have been reinforced by special conditions (Refer to Recommended Conditions 2.26 & 2.27).

C4 Land Management

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

The submission of the finalised “Fernhill Picnic Race Day Event Management and Operational Plan”, including the provision of a Soil and Water Management Plan will ensure appropriate measures are implemented during the event to protect the site (Refer to Recommended Condition 2.06).

C5 Waste Management

Extensive bathroom and shower facilities will be transported to the site to support the event.

Appropriate conditions of consent have been included requiring the provision of adequate waste and recycling facilities for participants and food stall holders, the management of waste during the event and the appropriate disposal of the waste from the site (Refer to Recommended Conditions 2.41).

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

Built and Natural Environment

The temporary nature of the proposed development includes the installation of various temporary structures which will be removed upon completion of the one day event.

It is not considered appropriate that Council permits a permanent structure to support the temporary use of the site. Therefore the white racing rail required to support the Picnic Races is to be removed within a two week period of the event concluding and is to be reinstated no earlier than two weeks before each racing event to be held from 2015 – 2018 (Refer to Appendix 4 – Heritage Office General Terms of Approval).

The layout of the existing horse racing track and the utilisation of the interior of the track for the spectators as the Picnic Racing Event Precinct provides a suitable response to safeguarding the existing heritage buildings and associated landscaping from being altered by the proposed development. A rehabilitation plan is to be provided and will be implemented to returned areas disturbed by the development back to their pre-development state (Refer to Appendix 4 – Heritage Office General Terms of Approval).

Access, Transport and Traffic

A Traffic Management Plan was submitted with the Development Application detailing the intended paths of travel to and from the site, the provision of signage to identify the best way to access the site and the use of traffic control officers/ local police to manage the movement of vehicles on the event day.

Extensive parking areas are to be provided within the existing paddocks, including the provision of 3000 parking spaces for spectators and event staff. Spectators will be able to pre-purchase car parking tickets to the event.

The Council report considering the previous Picnic Races Event (DA13/0863) detailed the following:

“Of particular note, the Penrith Local Area Command and the Roads and Maritime Service advised the applicant that ongoing traffic diversions within the local road network would not be supported as an ongoing tool to ensure the safe movement of traffic within the locality”.

At the time of the writing the previous Council report, Council had received a Development Application which included the ongoing use of the site for a number of medium and large scale events, including a Picnic Races Event. As such, it was considered that permanent traffic measures were required to be included within that proposal.

The proposed frequency of such medium and large scale events raised significant concerns with Council Staff, the Roads and Maritime Service and Penrith Police Local Area Command that the wider Mulgoa community cannot be burdened by ongoing traffic diversions to support the frequency and scale of such permanent events within the Fernhill Estate.

Prior to the lodgement of the current Development Application, the issue of the Farm Road diversion was discussed with the applicant. It was requested that the Traffic Management Plan provide detailed consideration of possible alternatives to a Farm Road traffic diversion and these alternatives be analysed.

The Traffic Management Plan included an investigation into five options for possible road diversions within the Mulgoa Village. These are discussed in a separate report in tonight’s Business Paper relating to Traffic Management for Fernhill.

Based on broader traffic implications for all users, including traffic safety, traffic efficiency and the local community, together with consultation with the Roads and Maritime Service, Penrith Police Local Area Command and Council officers, the diversion of traffic along Farm Road is determined as the most appropriate to safely and efficiently manage traffic for the event.

The approval of the traffic diversions along Farm Road are considered to be an appropriate response to an event held once a year. Although it is acknowledge, that the staging of the event and the Farm Road diversions may have some impact on the local amenity this impact needs to be balanced against the broader community benefit.  The event will bring more people to Penrith and the Mulgoa area together with opening up Fernhill Estate to the community. The event will be required to put in place suitable environmental and operational management procedures in order for these impacts to be contained.  

Large events like this need to be assessed looking at the broader community benefits that such events bring to the City of Penrith and the immediate area.  The management and operations of the event have been purposeful in minimising potential impacts to the immediate area. The prepared Traffic Management Plan is considered the best option for the Picnic Races and although it is recognised that some impacts to local residents may occur, these are considered reasonable given the broader community benefits that result from the annual one day event.

Traffic Management Plan responded to concerns arsing from the previous Picnic Races and includes additional measures to address traffic related matters, such as:

·        The limitation of horse float movements to outside of peak entry times for patrons attending the event.

·        The use of the Main Entrance as an exit point for Horse Floats to leave the site, with the use of a Traffic Control Officer

·        The provision of additional off-site car parking within Mulgoa Public School that will be services by the Mulgoa Village shuttle bus service

·        Significant price variations between on-site parking ($20 minimum) and Penrith Paceway/ Mulgoa Public School ($5)

The Traffic Management Plan is similar to the traffic diversion measures implemented during the “Picnic Races” event in November 2013.

The use of the traffic controllers within Mulgoa Road will enable spectators to turn right from the site and head southbound along Mulgoa Road and reduce the likelihood of vehicles using Mayfair Road to undertake a U-turn.

Commuter bus services will be provided from Penrith Train Station and Penrith Paceway to provide alternative transport options for spectators attending the site. An additional bus service will be provided within Mulgoa Village which will including the collection of patrons from Mulgoa Public School.

The Traffic Management Plan has been considered by the Local Traffic Committee (LTC) with the recommendations of the LTC being required to be satisfied by Condition 2.24 and 2.25. 

The Traffic Management Plan for the Fernhill Races provides of a workable solution to the traffic generated by this event, provided the appropriate Variable Message Signs (VMS) and Police and traffic controller presence is available at all times.

Noise Impacts

It is acknowledged that there is likely to be some impact from noise. Extensive consultation between Council and the organisers has taken place during the assessment process to ensure that impact from noise can be appropriately managed.

A Noise Management Plan has been prepared and assessed by Council’s Environmental Health Officer, which is considered to be appropriate in managing noise generation from the event. The Noise Management Plan details seven (7) specific noise monitoring locations at the site boundary to monitor noise transmission from the site during the events.

A minimum of three measurements are to be undertaken during the event at each monitoring location to provide data on noise generated at different stages during the events. A report detailing the outcomes of each event is to be submitted to Council within 28 days of the each event (Refer to Recommended Condition 2.44)

As part of the previous Picnic Races event held last year, the organisers provided a hotline for residents to contact the organisers with their concerns during this event. A similar hotline will be provided for the Picnic Races Event, including the provision of a landline and mobile phone option of contacting event organisers to ensure that mobile coverage is not an issue.

A letter drop to residents within 500m of the property boundaries is to take place within 2 weeks of each event. The purpose of this letter is to advise residents of the details of the event and the resident hotline information (refer to Recommended Condition 2.46).

Noise is anticipated to be generated from such a large scale horse racing and music event. The reduction in the size of the event site from the previous Picnic Races, the location of the race track and temporary structures within the site assist in minimising the transmission of noise from the site. The event is to be held one day a year, during reasonable hours of the day and evening.

Council Staff actively monitored noise generation from the previous Picnic Races and determined with the appropriate management plans in place, the noise from the event is not considered to have a significant adverse impact on the community.

Social and Economic Impacts

Opportunities for employment leading up to and during the event are a positive outcome of the proposed development. The event will stimulate local businesses and create awareness of the tourist attractions within the Mulgoa Valley and greater Penrith area.  A large number of event staff are expected to stay in accommodation for several nights, while spectators will utilise accommodation over the weekend.

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

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

While it is noted that there will be impact on the movement of traffic within the vicinity of the site, particularly at peak times of people entering and leaving the site, the management of the traffic through the provision of the detailed Traffic Management Plan will ensure the safe movement of vehicular traffic within the vicinity of the site.

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

Community Consultation

In accordance with Penrith Development Control Plan 2010, the proposed development the proposed development was advertised and notified from 7 June 2014 to 5 August 2014 to over 1200 adjoining owners/ occupiers within a 2km radius of the development site, including Liverpool Council and the Mulgoa Progress Association. Six (6) submissions were received in response to the notification process.

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

(a)   Permissibility and the use of Heritage Incentives under Penrith Local Environmental Plan 2010

Submissions to the Development Application raised concerns regarding the permissibility of the event.

Concerns raised in submissions are addressed within the “Penrith Local Environmental Plan 2010” section of this report.

(b)   Owners Consent

Concern has been raised in a submission to Council in relation to whether the owners of the Fernhill property have granted owners consent to the determination of the Development Application. Owston Nominees No.2 Pty Ltd is the legal owner of the Fernhill Estate, however that company is under external administration. Mr Stephen Duncan and Mr Christopher Powell both of Kordamentha have been appointed as the Receiver and Manager (joint and severally) of the property which is subject to this Development Application. Council Officers have received the consent of Mr Robert Powell to the Council determining the Development Application.

 

(c)   Adverse Traffic Impacts on Mulgoa

The provision of such an event within Mulgoa, attracting 10,000 ticketed spectators to Fernhill will increase the level of traffic within the locality. Minor delays were experienced during the “Fernhill Picnic Races” event in November 2013 with the road diversions designed to enable the safe and orderly movement of vehicles within the locality. One minor vehicle accidents was reported, however it did not involve people attending the Picnic Races event. 

Minor delays are expected with additional traffic within the area; however the additional traffic will also result in reduced vehicle speeds. Residents will be able to safely leave their properties, albeit those normal speeds of moving within Mulgoa will not be achieved.

The site is capable of accommodating 3000 car parking spaces to ensure spectators are not parking within the local road network and walking to the site. Given the capacity of the event, the provision of public transport from Penrith Station and Penrith Paceway and an additional bus service within Mulgoa village collecting additional patrons from parking within Mulgoa Public School, it is unexpected that parking will be at capacity during the event.

A separate Local Traffic Committee Report has been prepared and appears in tonight’s Business Paper endorsing the Traffic Management Plan to be implemented during the event, which includes the diversion of traffic along Farm Road.

(d)   Road diversion impacts on Farm Road

The road diversions along Farm Road are considered necessary to ensure the safe movement of vehicles within the locality. A number of alternative options were outlined in the preparation of the Traffic Management Plan for consideration. NSW Police and the RMS confirmed they were not supportive of vehicles heading southbound along Mulgoa Road and turning right into the property. It was also important to ensure vehicle road access through Mulgoa and into Wallacia/ Silverdale to support the local community in the event emergency.

Signage will be provided within the M4 directing eastbound traffic onto The Northern Road and Littlefields Road, with traffic controllers assisting in vehicular movements at the Mulgoa Road/ Littlefields Road intersection.

Additional comments in relation to road diversions are addressed within the “Access, Transport and Traffic” section of this report.

(e)   Adverse noise impacts

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

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

(f)    Site suitability for the proposed Development

The Local Environmental Plan enables the provision of temporary land uses within the Mulgoa Valley Area. The proposal is not considered to be contrary to the intent of the Local Environmental Plan. It is noted that Clause 2.8 (Temporary use of land) of Penrith Local Environmental Plan 2010 is not limited to Heritage Items identified within the plan.

The applicant will be required to rehabilitate the property and return it to its predevelopment state. The rehabilitation of the site will include the removal of the white racing rail and finishing line posts required to support the event. This rehabilitation of the site will include inspections from the Heritage Office and Council to ensure the works have been undertaken (Refer to Heritage Office General Terms of Approval – Appendix 4).

(g)   Adverse impacts on the residents of Mulgoa

A number of adverse impacts have been identified in the submissions received by Council in addition to noise and traffic impacts, which included additional littering of the local roads, impacts of people going about their normal routine on weekends and the event being of no benefit to the local community.

The road diversions recommended within the Traffic Management Plan will increase traffic within these local roads. While it is illegal to throw rubbish from a vehicle, it is recommended that clean up along the local roads impacted by the road diversions from Mulgoa Road be undertaken within one (1) week of the event (Refer to Recommended Condition 2.42).

The Picnic Race Event is aimed at a variety of spectators from all walks of life, in particular families, through the provision of free entry for children under 14. The proposal has been supported by the “Draft Fernhill Picnic Race Day Event Management and Operational Plan” which will be implemented during the event to address security, crowd control and alcohol management.

The Mulgoa Valley is a destination location within Greater Western Sydney. The operation of such an event highlights the attributes of Mulgoa and is considered to have flow on affects to the local community, both during and after the Picnic Race Day event.

In the event that the proposed development is supported, Fernhill Estate would have facilitated one event this year which attracted large numbers to the site. It is therefore not considered that the use of the site for events of this scale being an unreasonable demand on the community or significantly impacting on the enjoyment of their land.

(h)   Retention of the White Racing Rail

Submissions to the Development Application raised concerns regarding the retention of the white racing rail. 

Concerns raised in submissions are addressed within the “Clause 6.5 – Protection of scenic character and landscape values” section of this report.

(i)    Bushfire management

Submissions received by Council raised concerns in relation to bushfire management and the ability to evacuate patrons in the event that a fire starts during the Picnic Races.

The submission of the Development Application included a Draft Bushfire Management Plan which details the management of vegetation prior to the event, monitoring of weather conditions leading up to the event and conditions in which the event would be cancelled.

The previous Picnic Race Event includes the provision of two Rural Fire Services trucks on site to attend to any fire immediately during the event (Refer to Recommended Condition 2.18).

The Draft Bushfire Management Plan detailed within the Draft Fernhill Picnic Race Day Event Management & Operational Plan will be required to be updated prior to each event to include evacuation plans for patron and staff and include updated contact details and checklist which are responsive to each event (Refer to Recommended Condition 2.06).

(j)    Impacts on Vegetation

A number of submissions raised concerns regarding the previous removal of Angophoras within the site, the removal of vegetation to facilitate the event, impacts on heritage listed vegetation, the Cumberland Plain Woodland and grasslands through the parking of vehicles on the site.

Council Officers conducted investigations into allegations of tree removal on the Fernhill property.

In response to these concerns a Show Cause letter was issued to the property owners asking why further action should not be taken against them. Representations from the owners were received in response to Council’s show Cause letter which was reviewed by Council’s Chief Governance Officer.

At this time Officers are still investigating the matter as the extent of works undertaken is unclear along with who undertook the work.  

The limited time that cars will be parking on the site and the location of the cars within the site is such that any lubricants that may be disposed of on the site would be limited and would not impact on the existing waterways. Rehabilitation of any areas that may be damaged by oil will be required upon the conclusion of the event (Refer to Recommended Condition 2.60)

External Referrals

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

NSW Police

No objection subject to the negotiation of a Local Licensing agreement/ conditions with the alcohol providers for the Picnic Races each year 9refer to Recommended Condition 2.10).

Internal Referrals

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

Referral Body

Comments Received

Building Surveyor

No objections, subject to conditions of consent

Community Safety

No objections, subject to conditions of consent

Environmental Health Officer – Public Health

No objections, subject to conditions of consent

Environmental Health Officer

No objections, subject to conditions of consent

Senior Biodiversity Officer

No objections, subject to conditions of consent

Senior Traffic Engineer

Traffic Management Plan supported by the Local Traffic Committee and to be considered at the Council Meeting on 25 August 2014.

Access Committee

No objections, subject to conditions of consent

 

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

The proposal involves conducting a Picnic Horse Racing Event to be held on 18 October 2014.  The event will attract 10,000 spectators to the site and further promote Mulgoa as a destination location within Great Western Sydney.

The Fernhill Estate has a historical connection to horse related activities, including the training of two Melbourne Cup winning horses. The use of the site for the Picnic Horse Racing Event will reactivate the link to the previous use of the site while promoting the historical values of Fernhill and the Mulgoa Village locality.

The promotion of the event will attract ongoing interest to the Penrith LGA and have economic benefits to the greater community.

Furthermore the proposed event will have minimal impacts on the heritage values of the site, with rectifications works to all disturbed areas to be undertaken after the each event.

In view of the above, it is considered that development of the site as proposed would create public benefit, and therefore approval of the application has been recommended subject to certain modifications as discussed in this report.

Section 94 Contributions

There is no Section 94 Contributions Plan applicable to the proposed development.

Conclusion

The applicant seeks consent for the purposes of conducting a Picnic Horse Racing Event to be held on 18 October 2014 and one day per calendar year from 2015 to 2018 including the erection of associated temporary structures at 1041 – 1187 Mulgoa Road, Mulgoa

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

It is acknowledged that there will be some impacts generated by the event, particularly traffic generation. However, as the event is limited to one (1) day, on balance the proposal represents benefits to the community in terms of economic stimulation and maximizing utilisation of the state significant site, without adversely impact on the existing structures or significant landscaped area.

It is therefore acceptable in the circumstances and as such, the event is in the public interest and is recommended for approval.

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0704 Fernhill Picnic Races to be held on 18 October 2014 and one (1) day per calendar year from 2015 to 2018 including erection of associated temporary  structures at (No 1041) Mulgoa Road, Mulgoa be received.

2.    Development Application 14/0704 seeking consent to Conduct a Picnic Horse Racing Event to be held on 18 October 2014 and one(1) day per calendar yard from 2015 to 2018 including the erection of temporary structures at 1041 – 1187 Mulgoa Road, Mulgoa be approved subject to the following conditions:

2.01   The development must be implemented substantially in accordance with the stamped-approved plans issued by Penrith City Council, the application form and any supporting information received with the application and the documentation received by Council as required by condition No 3, except as may be amended in red on the attached plans and by the following conditions.

2.02   This consent permits the running of the “Fernhill Picnic Horse Racing Event” on 18 October 2014 and one day per calendar year from 2015 to 2018. Any future events on the site would require a separate application for development approval, demonstrating compliance with all conditions of this consent, must be lodged, and approval obtained, prior to operation.

2.03   The maximum number of tickets available for spectators involved in the “Fernhill Picnic Horse Racing” Event is limited to 10,000 people. Children under 14 are not included with the maximum spectator numbers. Evidence of compliance is to be provided to Penrith City Council within four (4) weeks of each Picnic Racing event concluding.

2.04   The date of the Fernhill Picnic Races to be held from 2015 – 2018 is to be provided to Penrith Council a minimum of four (4) months prior to the event being held.

Residents that were notified of this Development Application will be provided with notification letter by Penrith Council advising of the intended date of the Picnic Races Event to be held in 2015 – 2018. Fees for the notification are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

2.05   The “Bump In” period is limited to four (4) days prior to each event with the “Bump Out” period limited to two (2) days after each event.

2.06   The “Draft Fernhill Picnic Race Day Event Management & Operational Plan”, dated July 2014 is to be finalised to address all outstanding matters. The report is to be submitted to Council for consideration a minimum of four (4) weeks before each event.

The Event Management and Operation Plan, is to include, but is not limited to the following:

-        Event Emergency Management Plan including First Aid and Medical Plan

-        Emergency Access and Evacuation Plan

-        Communications Plan detailing signage to be installed within the site

-        Alcohol Management Plan

-        Security Management Plan

-        Adjoining Residents Action Plan

–     Food and Beverage Management Plan

-        Accessibility Compliance Plan

-        Amenities

-        Water Supply Management Plan

-        Power Supply and Lighting Plan

–     Horse Management Plan

–     Access Report/ Statement

–     Food and Beverage Management Plan

–     Bushfire Management Strategy

-        Environmental Management Plan.

The Environmental Management Plan is to be include, but not limited to the following:

-        Soil and Water Management

-        Dust Suppression

-        Litter Control / Rubbish removal

-        Noise Control

-        Waste Management

-        Management of toilet and water facilities to ensure cleanliness

-        Environmental impacts of the construction, use and dismantling of temporary structures

-        Wet weather considerations

-        Emergency response and spill contingency.

2.07   Prior to the Picnic Racing Events to be held from 2015 – 2018, a revised Access Report is to be submitted to Council for consideration by the Penrith Council’s Access Committee. The revised Access Report is to be submitted a minimum of four (4) months before each annual event and is considered any matter that have arisen from the previous Picnic Racing events and solutions to be implemented to address these accessibility concerns.

2.08   All entertainment and trading including the operation of a Public Address and speaker system is to cease at 9.00pm on the day of each event.

2.09   The development shall comply with the provisions of the Building Code of Australia at all times, with respect to smoke and flame index of materials, emergency lighting, exit signs and fire fighting facilities.

2.10   The event shall comply with all the requirements and undertakings given to and approved by the NSW Police.

2.11   All emergency services and key agencies involved in providing services for this event should also be provided with a copy of the completed “Fernhill Picnic Race Day Event Management & Operational Plan” at least two weeks prior to the event. This includes local Police, Fire, Ambulance, Hospital and transport providers.

2.12   Event organisers will be available at a mutually convenient time, at the invitation of Penrith City Council and/or Penrith Police, to discuss and action agreed Community Safety or Security issues in conjunction with other local Penrith stakeholders should the need arise.

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

A temporary accessible toilet is to be provided to each bank of portable toilet facilities

A minimum of 5 accessible portable toilets and 4 ambulant portable toilets are to be provided and distributed evenly amongst the banks of toilets.

Should ambulant facilities be unavailable, full accessible facilities are to be provided.

2.14   The temporary tent structures, stages and grandstands, when erected, are to fully comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. A Structural Engineer’s Certificate is to be submitted to Council prior to the event, certifying the structural adequacy of the structures.

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

2.15   The event structures are to be inspected by Penrith City Council at least 24 hours before each event operates for the public. Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

2.16   The event shall be managed in accordance with the requirements of Schedule 3A - Places of Public Entertainment of the Environmental Planning and Assessment Regulation 2000.

2.17   Portable fire extinguishers shall be provided in all areas in accordance with Australian Standard AS 2444–2001 and BCA Part E1.6, with certification submitted to Council prior to the event.

2.18   Two NSW Rural Fire Service Category 1 fire truck shall be provided on the site for the race day.

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

2.20   Helicopters are not to be used as a method of transporting people to and from the Fernhill Estate, except when responding to any medical emergencies.

2.21   In the event that a helicopter needs to attend the site for a medical emergency, instructions are to be provided that overhead power lines are within the site and due care is to be taken when responding to the emergency.

2.22   Bins are to be provided at Penrith Station, Penrith Paceway and Mulgoa Public School and removed at the conclusion of each event. The area utilized by the event at Penrith Station, Penrith Paceway and Mulgoa Public School is to be satisfactorily cleaned to that of pre-event conditions.

2.23   Appropriate place barriers are to be used to direct the pedestrians towards the bus entry point at Penrith Station.

TRANSPORT MANAGEMENT PLAN

2.24   The recommendations from the Local Traffic Committee Meeting are to be implemented in relation to the 2014 Picnic Races Event (Refer to Appendix 2 to the Notice of Determination).

2.25   Prior to the Picnic Racing Events to be held from 2015 – 2018, a revised Transport Management Plan is to be submitted to Council for consideration by the Local Traffic Committee. The revised Transport Management Plan is to be submitted a minimum of four (4) months before each annual event and is considered any matter that have arisen from the previous Picnic Racing events and recommended solutions to these matters.

Should a Traffic Management Plan not be approved prior to the staging of any subsequent Picnic Racing event that event cannot be undertaken.

Potable Water Supply

2.26   Potable Water Supply Management Plan and Quality Assurance Program is to be provided to Council at least 28 days before each event demonstrating how potable water will be supplied to all required fixtures including food stalls, bars, showers, hand wash basins and stations, and anywhere else where a potable supply is required.

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

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

The management plan and program must address the elements of the Framework for the Management of Drinking Water Quality, set out in the Australian Drinking Water Guidelines 2011.

The potable water supply shall be maintained in accordance with the Australian Drinking Water Guidelines 2011 and the NSW Health Private Water Supply Guidelines 2008. A residual of 0.2 to 0.5 mg/L free chlorine must be maintained in the water supply at all times.

2.27   Any water carter providing potable water for each race day must have in place a Quality Assurance Program that has been approved by NSW Health as required under the Public Health Act 2010.

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

Residual chlorine must be measured and recorded at the supply, delivery of water to storage tanks, and at the end use. Additional chlorine must be added if residuals cannot be maintained in accordance with NSW Health guidelines. Stored water shall be tested and results recorded a minimum of every 2 hours. Records must be available for Council’s Environmental Health Officers to inspect at all times.

FOOD SAFETY

2.28   A detailed Food Management Plan is to be provided to Council at least 21 days before each annual event outlining all aspects of the food supply, storage, and delivery. The food management plan should cover all food supplied to staff and the public for this event. The plan, as a minimum, should include the following:

-        Food suppliers

-        Transport of the food to the event;

-        Food storage

-        Temperature control (cool rooms etc)

-        Hand washing facilities and cleaning facilities

-        Water, electricity and gas supplies

-        Wastewater disposal

-        Garbage bins and disposal

-        Food display and fixtures

-        Construction of stalls

The Food Management Plan must also list all proposed food vendors.

2.29   Penrith City Council requires all food businesses attending this event to apply to Council for an approval to sell food. This application must be submitted to Council a minimum of two weeks before the event to allow Council sufficient time to assess the applications. Late applications will not be considered or approved. Council will provide the event organiser with a list of approved food businesses prior to the event.

Application to sell food forms are available on Council’s website: www.penrithcity.nsw.gov.au

Note: A person selling food or operating stalls or mobile vans used for selling food for human consumption, including produce, fruit and vegetables, drinks, or pre-packaged food, is deemed to be a ‘food business’ under the Food Act 2003. This includes not-for-profit organisations.

2.30   Prior to the operation of the food business at this event all food businesses must notify the NSW Food Authority of their details including:

-           Contact details for the food business, including the name and address of the business and the proprietor of the business.

-           The nature of the food business.

-           The location of any other food premises associated with the food business, within the jurisdiction of NSW Food Authority.

Notification can be completed free of charge on the NSW Food Authority’s Food Notify website at www.foodnotify.nsw.gov.au.

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

2.32   The proprietor of the food business shall ensure that the requirements of the following legislation, codes, and guidelines are met at all times:

-        NSW Food Act 2003

-        NSW Food Regulation 2010

-        The Australian and New Zealand Food Standards Code

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

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

2.33   Coolrooms must be supplied by the event organisers for all food vendors and power must be maintained to these coolrooms. The event coordinator is to liaise with food businesses as to their coolroom and storage needs. Cool room temperatures must be routinely monitored and temperatures recorded. An alarm system must be provided to ensure correct temperatures are maintained at all times.

2.34   Toilets must be provided for all food handlers and maintained in a hygienic condition. These toilets must be separate to other event toilets and not available to the general public, employees or officials. The toilets must be located in the immediate vicinity of the food stalls and there should be sufficient toilets to cover the needs of all food handlers. Toilets shall be supplied with a hand washing facilities that provide warm water through a single outlet and be provided with soap and paper towels.

PETTING ZOO

2.35   Hand sanitiser must be readily available for people handling and coming into contact with animals. Signage must be provided directing people to the hand sanitiser and warning people of the risks associated with handling animals.

Waste and Wastewater

2.36   Temporary sanitary facilities shall be provided for each event in accordance with Table F2.3 of the Building Code of Australia.

2.37   The provisions of toilets for the event are to comply with Clause 34 of Chapter 5 in the Emergency Management Practice Manual, prepared by the Attorney General’s Department.

2.38   All toilet and wastewater facilities are be operated and located in a suitable location so not to cause water pollution either through direct flow into the dams, tributaries or through stormwater drainage system.

          In the event wastewater enters the dams, tributaries or stormwater system, immediate action is to be taken to minimise any environmental or public health impacts. In addition Council is be notified of the incident within 24 hours.

          Any wastewater discharge or spill is be cleaned up immediately with the waste being disposed of by a licensed waste contractor.

2.39   All toilets and wastewater facilities are to be maintained in a clean manner for the duration of the event. The facilities are to be pumped out at a frequency deemed necessary to maintain cleanliness.

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

2.41   Adequate waste and recycling facilities are to be located around the spectator area to cater of waste disposal. Separate waste and recycling facilities are to be provided for the food and refreshment business. Bins are to be located as to not cause pollution and are be frequently emptied.

2.42   Any general waste located within the local road network affected by the local traffic diversions (St Thomas Road, Farm Road & Littlefields Road) is to be removed from these locations within one (1) week of each event being held.

2.43   Existing non-potable water taps that are accessible to the public or employees at the event must have warning signs that are clearly visible and readable stating:

“The drinking water here is not monitored or treated. Water quality may not meet Health Guidelines.”

NOISE

2.44   The monitoring proposed in the “Fernhill Estate Picnic Races Noise Management Plan” are to be implemented during the event. These locations cannot be changed without the prior consent of Council.

The services of a suitably qualified consultant is to be engaged to conduct noise testing during the event and provide an Event Acoustic Report to be submitted to Penrith City Council within twenty eight (28) days of the event.

          The Event Acoustic Report is to comply with Australian Standard AS1055 Acoustics - Description of measurement of environmental noise and New South Wales Environment Protection Authority Industrial Noise Source Policy 2000.

2.45   Noise generated by the activity after 10pm is not to exceed the Sleep Disturbance Criteria provided in the Environmental Protection Authorities Industrial Noise Policy. In the event that the continuous noise monitoring detects any exceedance, the noise levels are to be reduced immediately.

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

          Fourteen (14) days prior to each event being held, details of the noise complaint hotline (including landline and mobile phone) are to be distributed to residents within 500m of the property boundaries of the site.

          A copy of the notification and details of the properties notified is to be provided to Penrith City Council for our records.

Environmental Management

2.47   Erosion and sediment control measures shall be installed prior to the commencement of works on site. The erosion and sediment control measures are to be maintained 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.

          (Note: To obtain a copy of the publication, you should contact Landcom on (02) 98418600).

          The approved sediment and erosion control measures are to be installed prior to and maintained throughout the construction phase of the development until the land, that was subject to the works, have been stabilised and grass cover established. These measures shall ensure that mud and soil from vehicular movements to and from the site does not occur during the construction of the development.

2.48  No activities are to result in the pollution of waterways.  All waterways located near the event sites (including the race track), whether ephemeral or otherwise, are to be appropriately protected with the use of sedimentation controls.  No riparian or aquatic vegetation is to be removed as part of the event.  The erosion and sedimentation controls are to be maintained until such time as any disturbed areas have been stabilised.

2.49   The “Draft Environmental Management Plan’ as amended by Condition 6, is to be implemented and adhered to during the construction and operational phases of the event.  The checklists included in Appendix B and Appendix C is to be completed as required by the Environmental Management Plan and submitted to Council within twenty eight (28) days of the event.

2.50   All waste generated by the horses associated with the event are to be disposed of in accordance with the existing Fernhill Estate waste management program, as outlined in the ‘Fernhill Picnic Race Day Event Management and Operational Plan”.

2.51   The hosing out of the temporary horse stables/structures with water for cleaning purposes is not permitted.  Stables are to be cleaned using predominantly dry methods that limit the use of water.  Acceptable methods would include sweeping, mopping and manual collection and disposal of horse manure.

2.52   All wastewater generated by the use of the horse washbays is not to enter waterways.  This wastewater is to be captured and disposed of to an appropriately licensed waste management facility.

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

2.54   No fill, machinery or materials are to be placed or stored within the drip-line of any tree, unless appropriate tree protection measures are in place.

2.55   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.

2.56   Dust suppression and minimisation strategies must be employed to manage potential dust nuisances within the site. This is to apply to parking areas, access roads and within the event site.

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

2.58   All waste materials stored on-site are to be contained within a designated area such as a waste bay or bin to ensure that no waste materials are allowed to enter the stormwater system or neighbouring properties. The designated waste storage areas shall provide at least two waste bays / bins so as to allow for the separation of wastes, and are to be fully enclosed when the site is unattended.

2.59   All disturbed areas that have experienced loss of ground cover or other vegetation as a result of the event is to be rehabilitated using native seed (including when seed spraying) or plants suitable to the local community and is to be of local provenance (western Sydney) only. No exotic plants or grasses are to be used.  A list of suitable species is to be sought from a suitably qualified ecologist.

2.60   All areas impacted by the discharge of oil associated with the parking of vehicles on the site are to be appropriately remediated.

Security and Safety

2.61   The applicant must provide a combination of security personnel and paid Policing for the duration of the event to response to any social behaviour and litter management within the Fernhill Estate and Farm Road. This includes the number of security guards on the site and Farm Road determined in conjunction with Penrith Police and agreed to by Penrith City Council 2 weeks prior to the event.

Drug and Alcohol Management

2.62   The guidelines contained in the Security and Alcohol Plan must be          adhered to by security and event staff to promote responsible     consumption of alcohol and minimise opportunities for alcohol-related antisocial behaviour to occur. 

2.63   Security personnel must be provided within the on-site car park and at each bar area for crowd control and to monitor intoxicated persons and minimise alcohol-related antisocial behaviour.

2.64   Glass containers must not be permitted, with plastic containers or cans to be used instead. All cans must be opened at the bar.

2.65   Bags shall be searched upon entry in accordance with the Security and Alcohol Plan.

2.66   Alcohol must not be brought in to the event, but must only be purchased on site from the licensed vendors. The consumption of alcohol within the car park on the site is not permitted.

2.67   Bar areas must comply with all RSA and legislative requirements concerning the sale and service of alcohol.

2.68   Free water at an appropriate temperature must be provided at all bar areas and bottle refilling stations.

CROWD MANAGEMENT

2.69   The Crowd Control procedures provided in the “Fernhill Estate Race Day Security Planning Document” must be adhered to by security and event staff throughout each event.

2.70   Event organisers must be able to communicate with the crowd both for public announcements and in emergencies.

MAJOR AND MEDICAL INCIDENTS

2.71   The ‘First Aid Plan” provided by the applicant must be followed by all event staff. Training should be provided to staff to ensure they are familiar with the plans and steps that should be followed in the event of an incident or emergency. 

2.72   Records should be kept of all incidents at the event, and should include details such as the date, location and time of incident, description of incident, contact details of person involved, and action taken. 

EMERGENCY RESPONSE PLAN

2.73   The ‘Emergency Response Plan’ provided by the applicant must be followed by all event staff and as indicated, circulated to key emergency services for comment. In addition to the plan, a scenario planning workshop has been scheduled and should be conducted annually prior to the event. It will provide an opportunity to consider logistics and the interplay of various operational teams – security, medical, event management, traffic and the police.

LIGHTING AND POWER

2.74   Adequate lighting is provided so as to enable Police, Security and Medical staff to monitor activities and respond where required during the event.

2.75   Lighting is to be provided within the car park at Penrith Station, Penrith Paceway and Mulgoa Public School for the duration of the event.

2.76   Lighting should be provided to clearly illuminate entry and exit points, food stalls, toilets, first aid areas and stage area.

2.77   Access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies.

SIGNAGE

2.78   Clear signage should be displayed throughout the event to clearly indicate entry/exit points, public transport locations, emergency help points, toilets, first aid, stage locations, telephones, vendors and licensed/non-licensed areas.

2.79   All signage associated with the event shall be removed upon completion of each event.

CERTIFICATION

2.80   An Occupation Certificate is to be obtained from Penrith City Council upon completion of all relevant bump-in installation and prior to the opening of the event to its patrons.

The certificate shall not be issued if any condition of this consent, but not the conditions relating to the operation of the development are outstanding.

2.81   The rehabilitation works are to be inspected by Penrith City Council  within one (1) weeks of the rehabilitation works being completed.  Fees for the inspection are to be paid, as detailed in Penrith City Council’s Fees and Charges, and will be invoiced accordingly.

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0704 - Locality Plan

1 Page

Attachments Included

2.  

DA14/0704 - Site Plan

1 Page

Attachments Included

3.  

DA14/0704 - Event Area Map

1 Page

Attachments Included

4.  

DA14/0704 - General Terms of Approval

3 Pages

Attachments Included

5.  

DA14/0704 - Owners Consent

1 Page

Attachments Included

6.  

DA14/0704 - Racing Licence

2 Pages

Attachments Included

   


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

5        Fernhill Races Special Event - Traffic Management Plan Endorsement                        81

 

6        Roads and Maritime Services (RMS) 2014/15 Road Funding Grants                            87

 

 

 

URGENT

 

17      2014/15 Traffic and Safety Management Programs - Offer of Funding for Shared-Use Paths, Emu Plains and St Marys                                                                                               143

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

5

Fernhill Races Special Event - Traffic Management Plan Endorsement   

 

Compiled by:               Graham Green, 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

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

      

 

Executive Summary

The purpose of this report is to consider the Traffic Management Plan (TMP) and proposed temporary traffic diversions in Mulgoa, for the Fernhill Races Special Event to be held on Saturday 18 October 2014.  The report recommends that the TMP for the Class 1 event be endorsed.

Background

This report is considered in conjunction with the report to this Ordinary Council meeting for Development Application DA14/0704 Fernhill Picnic Races to be held on 18 October 2014 and one (1) day per calendar year from 2015 to 2018 including erection of associated temporary structures at (No 1041) Mulgoa Road, Mulgoa Applicant: Ae Design Partnership; Owner: Owston Nominees No 2 Pty Ltd.

 

A Special Event Traffic and Parking Management Plan has been compiled to manage the traffic generation associated with the Fernhill Races event to be held at 1041 Mulgoa Road, Mulgoa (known as Fernhill Estate) on Saturday 18 October 2014.

 

A pre-development meeting was held on 11 June 2014 with Council’s Senior Environmental Planner, Council’s Senior Traffic Engineer, Fernhill Estate Representatives and a Traffic Consultant engaged by the Fernhill Estate.  The meeting discussed details for the event, the traffic management undertaken at last year’s Fernhill Races Event and the need to mitigate the potential traffic effects of the event.  The traffic consultant engaged by Fernhill Estate has also liaised with Penrith Police, the Roads and Maritime Services (RMS) and the Transport for NSW Traffic Management Centre (TMC).

 

Several options were considered in order to establish the most appropriate and safest vehicle arrival route and access arrangements for the event and to consider any possible alternates to traffic diversions through local roads including Farm Road which was utilised as part of the inaugural event held in 2013. A key issue with the vehicle arrival route and access arrangements lies with controlling conflicts with through traffic along Mulgoa Road from vehicles arriving at the event via Mulgoa Road from the north.

 

The options considered were:

 

Option 1

Divert southbound Mulgoa Road traffic to turn left into St Thomas Road (southern section), right into Farm Road, right into Littlefields Road to access Mulgoa Road and enter the site from the south.

 

Option 2

Divert southbound Mulgoa Road traffic to turn left into St Thomas Road (northern section), right into Kings Hill Road to access Mulgoa Road and enter the site from the south.

 

Option 3

Permit southbound Mulgoa Road traffic to turn right into the site under traffic control.

 

Option 4

Install a temporary roundabout at the Mulgoa Road / Littlefields Road intersection to allow southbound Mulgoa Road traffic to undertake a U-turn and enter the site from the south.

 

Option 5

Divert southbound Mulgoa Road traffic left into St Thomas Road (southern section), onto Kings Hill Road, right into The Northern Road, right into Littlefields Road to access Mulgoa Road and enter the site from the south.

 

Based on broader traffic implications for all users, including traffic safety, traffic efficiency and the local community, together with consultation with the RMS, Penrith Police LAC and Council officers, Option 1 was determined as the most appropriate to safely and efficiently manage traffic. Option 1 is similar to last year’s event traffic diversion which operated well and removed less safe traffic conflicts and queuing along Mulgoa Road. Consequently, this TMP and the detailed Traffic Control Plans are based on the implementation of Option 1.

 

It is understood that there are no objections to the proposed TMP from the Police, RMS and TMC that inprinciple agreement has been reached, pending the outcomes of Council’s determination.  There has been early dialogue with Penrith Police Local Area Command (LAC) regarding the special event planning.  Potential issues in relation to traffic, parking and accessibility were discussed with Acting Sergeant James Murray of the Penrith Police LAC, and incorporated into the TMP.

 

The experiences of past event traffic management, and the arrival and departure profile, together with the use of Variable Message Signage (VMS) are considered consistent and appropriate.

 

The event co-ordinator, security firm/personnel, traffic controllers and crowd control staff will have contacts with relevant NSW Police at all times over the course of the event.

 

Location

 

Fernhill Estate is located at 1041 Mulgoa Road, Mulgoa within the Penrith Local Government Area.  The site is located approximately 10km south of Penrith with access provided via two separate driveways along the eastern boundary fronting Mulgoa Road.

 

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

 

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

 

 

Access Arrangements and Use of Variable Message Signage (VMS)

 

The event will attract up to 10,000 patrons, with an estimated 70% arriving by car and parking on-site.  At the estimated vehicle occupancy of 2.7 people per car, this equates to 2,600 cars.  The other estimated 30% of patrons will arrive by bus, coach, taxi or hire car.

 

Access to and from the onsite car parks will be via dedicated entry and exit driveways along Mulgoa Road to limit conflict between arrivals and departures as a result of the staggered start times.

 

The main site entry driveway will permit leftturns in from the south approach only for the duration of the event.  This includes all private cars, including those dropping off passengers.

 

The main internal entry driveway largely follows an existing area which was previously used as a horse training track and is approximately 20m wide.  As such, the access road is on an established solid and well-grassed base that will be capable of supporting access by all vehicles (up to 7,500 each day), including during wet weather.

 

The secondary access driveway (located approximately 700m to the north) will primarily allow for all vehicles to exit the site.  Entry will be permitted for specific purpose vehicles including bus, coach, taxis and hire cars.  All vehicles, with the exception of buses and coaches, will be permitted to enter by left turns from the south approach only.  Buses and coaches will be permitted to turn both left and right from Mulgoa Road on entry, and under traffic control and prior to 4:00-4:30pm.  After this time, the secondary access driveway will accommodate all vehicles exiting the site.  Dedicated lanes will allow vehicles to turn left or right on exit and under traffic control.  Buses and coaches will continue to be permitted to enter under traffic control.  A traffic controller will be required on Mulgoa Road in the vicinity of the southbound approach back of the queue to provide feedback to traffic controllers and to warn approaching vehicles of the downstream queue.

 

The secondary access driveway will require spray seal modification and widening to accommodate ingress and egress of buses and coaches, as well as egress of all vehicles exiting the site from the car park.  All buses and coaches will turn left or right to enter the driveway from Mulgoa Road and terminate at the designated internal set down point.  Buses and coaches will then turn around to exit the site, via the same driveway, turning left northbound onto Mulgoa Road.

 

A secondary internal road linking the entry driveway with the exit driveway via the designated car parking sites will be maintained at all times, ensuring that vehicle movements, other than buses, flow in a single direction.

 

VMS are proposed for the special event period and will be positioned in safe locations and should not obstruct vehicle or pedestrian access, visibility to traffic signals, road signs or pedestrian crossing locations.  Pre-event VMS will be placed on Mulgoa Road ten days before the event starting date, from 8 October 2014, at the Mulgoa Road north approach (900m north of the site entry), and at the Mulgoa Road south approach (450m south of the site entry).  During the special event day (18 October 2014) additional VMS will be placed on the M4 motorway, The Northern Road and Mulgoa Road (north of the M4) to direct patrons and staff to the event.

 

Public Transport

 

Event organisers intend to charter buses to run a free shuttle service from Penrith Railway Station, Penrith Paceway and Mulgoa town centre (Mulgoa Road).  There will be a $5.00 fee per vehicle for parking at Penrith Paceway and Mulgoa Public School.  The cost of parking on-site at the venue will be $20.00 per vehicle.  The higher price is designed to encourage a high uptake of the “park and ride” shuttle service.  Organisers have advised that event advertising will focus on “Plan Your Day” to encourage uptake of the shuttle services.

 

Detailed timetables for the shuttle bus services will be included as part of the final event management plan and following the outcomes of ongoing consultation with Busways.

 

All chartered shuttle buses will be clearly signposted for the specific benefit of patrons.  This particularly applies to the shuttle bus service from Mulgoa Public School to avoid user confusion and remove the desire for any patrons to consider walking along Mulgoa Road to the event.  Marshalls will be present to monitor activity and assist patrons where required.

 

Traffic Management Controls

 

The TMP includes temporary traffic diversions that are similar to last year’s event and include diversion of southbound Mulgoa Road traffic to turn left into St Thomas Road (southern section), right into Farm Road, right into Littlefields Road, right into Mulgoa Road and left to enter the site from the south.

 

Given that the primary intended arrival route will be via The Northern Road/Littlefields Road/Mulgoa Road, the intersection of Mulgoa Road/Littlefields Road will be the main constraint (rather than the Mulgoa Road entry driveway) for both vehicles associated with the special event and other traffic in the local area. Traffic flow priority and safety can be maintained along Mulgoa Road and any traffic queuing can be more safety controlled and managed along Littlefields Road.

 

As detailed in the “Public Transport” section of this report, the applicant has sought to vigorously promote this mode of transport to the site; hence the traffic data assumes a discount of some 20-30% based on public transport uptake.

 

Assuming 1,300 vehicles per hour (50% of all vehicles) would use Littlefields Road into Mulgoa Road during the peak arrival hour of 10:00am–11:00am, and assuming 1,100 (85%) of these vehicles will turn right from Littlefields Road into Mulgoa Road during the peak arrival period, there will be a potential queue of up to approximately 1.1km back along Littlefields Road.  There will also be potential queues of up to approximately 110m for the Mulgoa Road north approach and 550m for the Mulgoa Road south approach.  Therefore a traffic control vehicle will be positioned on Littlefields Road in the vicinity of the back of the queue to provide feedback to traffic controllers and to warn approaching vehicles of the queue.

 

Under this scenario, the left-turn entry movement into the site will be able to accommodate this volume of traffic assuming an average vehicle speed of 7km/h and a 1.5 second gap between vehicles.

 

The Special Event TMP for the Fernhill Races provides of a workable solution to the traffic generated by this event, provided the appropriate VMS and Police and traffic controller presence is available at all times. It has also has met with in-principle support from the RMS and the Police.

 

The Special Event TMP has been referred to Local Traffic Committee members Mrs Tanya Davies MP – Member for Mulgoa, Councillor Marcus Cornish, Acting Sergeant James Murray – Penrith Police and James Suprain – Roads and Maritime Services and no objections were received. The Special Event TMP is recommended for approval, subject to conditions.

 

 

Conclusion

 

The 2014 Fernhill Races is the second year that the event is proposed to be held. The Traffic Management Plan for the 2014 event again proposes the use of Farm Road and Littlefields Road to manage the traffic arriving at the event. Notwithstanding some concerns from Farm Road residents post the 2013 event, the technical review determined that the traffic control operations were generally satisfactory and form the basis of the TMP for the 2014 event.

 

The TMP has been referred to the Local Traffic Committee members and no objections were raised. The proposed TMP is considered acceptable for the proposed event and is recommended for Council endorsement.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Fernhill Races Special Event - Traffic Management Plan Endorsement be received.

2.    The event applicant be advised that this is a Class 1 Event under the “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.

3.    The Traffic Management Plan submitted by the event applicant detailing the proposed traffic diversions for the event to be held on 18 October 2014 be endorsed.  The subsequent Traffic Control Plans incorporating all traffic devices be implemented in accordance with the Traffic Management Plan.

4.    A Transport Management Plan, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services and the Transport for NSW Traffic Management Centre for concurrence, prior to the event.  A copy of the Roads and Maritime Services and the Transport for NSW Traffic Management Centre’s approval must be submitted to Council prior to the event.

5.    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.

6.    The applicant must 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 applicant is to indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

7.    A detailed series of Traffic Control Plans 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.

8.    The event applicant arrange to place barricades and traffic cones and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed Traffic Management Plan.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

9.    The event applicant must provide advice to Council prior to the event that the event complies with the NSW Work Health & Safety Act 2012 and the NSW Work Health & Safety Regulations 2012.

10.  The event applicant advertise the proposed traffic diversions in local newspapers and other media as described in the Traffic Management Plan, a minimum of two weeks prior to the event.

11.  The event applicant notify ambulance and fire brigades (Fire & Rescue NSW and the 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.

12.  The event applicant notify private bus companies and coach organisations and taxi companies of the proposed event and submit a copy of the notification to Council prior to the event.

13.  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.

14.  All works as part of this approval are conducted at no cost to Council.

15.  The event applicant to ensure that foliage is cleared near both access driveways to Fernhill Estate in order to improve sight distances for exiting vehicles.

16.  The event applicant to ensure that railings within the existing fence be removed near the northern, secondary access driveway to Fernhill Estate in order to increase the access width for vehicles entering and exiting the site.

17.  The event applicant to ensure that access driveway aprons are sealed with asphaltic concrete (AC) or similar in order to minimise rubble spilling onto Mulgoa Road.

18.  The event applicant to ensure that a traffic controller is provided on Mulgoa Road, Mulgoa, in the vicinity of the southbound approach back of queue to provide feedback to traffic controllers and to warn approaching drivers of the queue.

19.  The event applicant to ensure that a traffic controller is provided at the intersection of St Thomas Road and Farm Road, Mulgoa to offer direction to motorists attending the event.

20.  The event applicant to ensure that a traffic controller is provided in Farm Road, Mulgoa to monitor and control driver and parking behaviour in the vicinity.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              25 August 2014

 

 

 

6

Roads and Maritime Services (RMS) 2014/15 Road Funding Grants    

 

Compiled by:               Hans Meijer, City Works Manager

Authorised by:            Hans Meijer, City Works Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Construct, manage and maintain Council's roads, drains, bridges and paths

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2014/15 Road Funding Grants. RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related issues.

 

The report recommends that Council accepts the grants offered.

Background

RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related issues.

 

Advice has been received from RMS of the following grants for 2014/15:

 

1.   Regional Road (block grants)

 

The Regional Road Block Grant is made up of the following components:

-     Road component: Allocated to maintenance work on Regional Roads. The allocation for 2014/15 has been indexed by RMS at 2.0% above the 2013/14 allocation amount;

-     Supplementary Road Component: This is available for road works, as determined by Council, on regional roads. In 2014/15 this component is allocated to the Rural Roads Widening Program for the resurfacing of Castlereagh Road, Castlereagh (from Post Office Road to 300m north). This allocation is not indexed and is the same as the amount allocated in previous years;

-     Traffic Facilities Component: For the installation and maintenance of regulatory signs and lines on local and regional roads. The allocation for 2014/15 has been indexed by RMS at 2.0% above the 2013/14 allocation amount.

 

2.   Regional Road (REPAIR program)

 

Council can access a 50% contribution for specific works on Regional roads under the REPAIR Program. Penrith City Council’s allocation under this program in recent years has been as follows:

 

2013/14:     $404,106

2012/13:     $300,000

2011/12:     $250,000

2010/11:     $250,000

 

RMS has advised that Council has been successful in achieving the maximum amount of $300,000 in the 2014/15 REPAIR Program. The allocation consists of $300,000 toward the reconstruction of Russell Street, Emu Plains (from Old Bathurst Road to Kite Street).

 

RMS advises that the following 2014/15 Program Funding is available to Council:

 

Regional Roads

2014/15

Basis of grant

Block Grant- Road Component

$489,000

100%

Block Grant – Supplementary Road Component

$156,000

100%

Block Grant – Traffic Facilities Component

$444,000

100%

Total allocation to Penrith City Council:

$1,089,000

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2014/15 Road Funding Grants be received.

2.    The RMS 2014/15 Program Funding Block Grant of $1,089,000 be accepted.

3.    Council accept the grant of $300,000, offered under the 2014/15 Roads and Maritime Services REPAIR Program, for the reconstruction of Russell Street, Emu Plains from Old Bathurst Road to Kite Street.

4.    The Supplementary Road component be allocated to the resurfacing of Castlereagh Road, Castlereagh (Post Office Road to 300m north).

5.    The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2014/15”.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

7        Federal Government Grant Funding for Public Spaces CCTV Project                          91

 

 

URGENT

 

18      Tender Reference 14/15-03 Provision of All Age Health and Fitness Zone at Jamison Park       146

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

7

Federal Government Grant Funding for Public Spaces CCTV Project   

 

Compiled by:               Allison Kyriakakis, Community Safety Coordinator

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

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Maintain a Community Safety Plan for the City

      

 

Executive Summary

Penrith City Council has received advice from the Federal Attorney General’s Department that it has been successful in an application for $300,000 in grant funding under the Federal Government’s Safer Streets Programme. Funding will be provided for the provision and installation of public space closed circuit television (CCTV) cameras at High Street, Penrith; Station Street, Penrith; and Queen Street, St Marys.

 

The report recommends that the information contained in the report be received; that Council endorse the acceptance of $300,000 grant funding for installation of CCTV cameras at each of the identified public space locations and that a letter of thanks be forwarded to the Federal Minister for Justice, The Hon Michael Keenan MP.

Background

Following advice from the Federal Attorney General’s Department, Council was invited to submit an application for $300,000 grant funding under the Federal Government’s Safer Streets Programme.

 

The programme is funded under section 298 of the Proceeds of Crime ACI 2002 (POCA). Funding is provided to successful local Councils to install security-related infrastructure and deliver effective solutions to minimise crime and antisocial behaviour at identified locations.

 

A funding application was prepared by Community Safety staff and submitted to the Attorney General’s Department on 12 June 2014 for the Public Spaces CCTV Project. The project involves the installation of CCTV cameras at three (3) identified public space locations in the Penrith Local Government Area (LGA).

 

The identified locations are as follows:

 

1.   Queen Street, St Marys - $100,000

2.   High Street, Penrith - $100,000

3.   Station Street, Penrith - $100,000

 

The locations identified for funding were pre-determined by the Federal Attorney General’s Department, based on prior consultation with Council staff and local police from St Marys and Penrith Local Area Commands.

 

Formal advice was received from the Federal Attorney General’s Department on 24 July 2014 stating that the funding application was successful. A draft funding agreement is currently being prepared by the Department for acceptance by Council. This outlines the project scope of requirements, objectives, milestones and reporting requirements. 

 

The Public Spaces CCTV Project is being managed by staff from Council’s Public Domain Amenity and Safety Department. The project has a three (3) year timeframe and will conclude by 2017.

 

CCTV cameras installed under this project will be operated and managed in accordance with Council’s Public Spaces CCTV Code of Practice and relevant State and Federal legislation.

 

Suitably qualified contractors will be engaged during the project to provide technical advice and perform works as required, in accordance with Council’s supply policies. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Federal Government Grant Funding for Public Spaces CCTV Project be received.

2.    Council endorse the acceptance of $300,000 grant funding for installation of CCTV cameras at each of the identified locations.

3.    A letter of thanks be forwarded to the Federal Minister for Justice, The Hon Michael Keenan MP.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

8        NSW Castlereagh Community (Quarantine) Fund approval for the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades                                                                 95

 

9        Invitation to nominate representatives for the Greater Sydney Local Land Services Local Government Advisory Group                                                                                           98

 

10      Grant funding for rehabilitation and revegetation at Castlereagh Reserve, Cranebrook 106

 

11      Kingswood Park Rehabilitation Project, North Penrith                                                   108

 

 

 

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

8

NSW Castlereagh Community (Quarantine) Fund approval for the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades   

 

Compiled by:               Laurie Cafarella, Emergency Management Co-ordinator

Authorised by:            Hans Meijer, City Works Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Manage infrastructure and plant to ensure volunteers are provided with adequate resources

      

 

Executive Summary

This report advises Council of funding of $198,595 ex GST from the NSW Castlereagh Community (Quarantine) Fund administered by the Office of Environment and Heritage that has been granted to the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades. The purpose of the funding is to allow the brigades to purchase fire fighting equipment and undertake brigade station improvements.

 

The Office of Environment and Heritage (OEH), as administrator of the Fund Grants Program, has requested Council to Auspice the Grant Funds on behalf of the brigades.

 

The report recommends that the information be received and that Council endorse the auspicing of the $198,595 ex GST grant funding to the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades for the purchase of fire fighting equipment and carrying out brigade station improvements.

 

Background

In January this year, Council’s Emergency Management Coordinator met with the Cumberland Zone RFS Senior Management Group and the Londonderry, Berkshire Park, Castlereagh, and Llandilo Rural Fire Brigade Captains.

 

The purpose of this meeting was to investigate facility improvements and operational equipment enhancements that would improve the capability of the volunteers to manage significant bushfire incidents and attract and retain volunteer fire fighters.

 

It was acknowledged at this meeting that, given current RFS priorities, it was unlikely that the proposed works could be funded through the usual RFS estimates process. However, it was considered appropriate for the brigades to seek funding through the recently announced Castlereagh Community (Quarantine) Fund Grants Program for the proposed works. 

 

Consequently, a working party was formed comprising the Cumberland Zone Manager, Group Officer 1, the brigade captains and Council’s Emergency Management Coordinator, to identify the brigade’s operational needs and facilitate each brigade’s applications for funding.  The working party met on 3 occasions and in late February 2014, the projects for each brigade to include in its funding application were finalised.

 

 

 

Current Situation

Council received correspondence from OEH dated 1 August 2014 confirming that the applications made by the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades for funding under the NSW Castlereagh Community (Quarantine) Fund has been approved by the Minister for the Environment. The Funds Grants Program is being administered by OEH on behalf of the Minister for the Environment.

 

A summary of the Brigade projects that received Grant Funding approval is below:

 

 

Grantee

Project

Funding ($)

Berkshire Park Rural Fire Brigade

Brigade Station renovations

7,000

Berkshire Park Rural Fire Brigade

Brigade Station enhancements to improve safety and facilitate community education

21,176

Castlereagh Rural Fire Brigade

Completion of building extension – final stage

25,000

Castlereagh Rural Fire Brigade

Concrete slab with underground plumbing and portal frame vehicle bay

25,000

Castlereagh Rural Fire Brigade

Purchase of mobile lighting tower/trailer

21,700

Llandilo Rural Fire Brigade

Construction of covered all weather training area

12,000

Llandilo Rural Fire Brigade

New automatic roller door to meet RFS standard

16,000

Londonderry Rural Fire Brigade

Facility enhancement for operational training

25,000

Londonderry Rural Fire Brigade

Installation of rain water tanks and solar panels

18,600

Londonderry Rural Fire Brigade

Additional equipment enhancement for fire fighting vehicle

11,000

Londonderry Rural Fire Brigade

Workshop fit-out for improved operational readiness.

16,119

 

Total Funds

 

 

198,595

 

In its advice to Council, OEH has requested that Council auspice the Grant funding and accept the grant conditions on behalf of the Volunteer Rural Fire Brigades.

 

The grant funding Letters of Agreement for each brigade were received on 8 August 2014 and had to be completed and returned to OEH by 30 August 2014.   However, the Letters of Agreement have already been returned to OEH to ensure timelines can be met and works delivered by the Brigades in a timely manner. This is especially important with the commencement of the new bushfire season.

 

Consequently, Council is requested to endorse the auspicing of the $198,595 ex GST grant funding to the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades for the purchase of fire fighting equipment and carrying out brigade station improvements.

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on NSW Castlereagh Community (Quarantine) Fund approval for the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades be received.

2.    Council endorse the auspicing of the $198,595 ex GST grant funding to the Berkshire Park, Castlereagh, Llandilo and Londonderry Rural Fire Brigades for the purchase of fire fighting equipment and carrying out brigade station improvements.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              25 August 2014

 

 

 

9

Invitation to nominate representatives for the Greater Sydney Local Land Services Local Government Advisory Group   

 

Compiled by:               Anthony Price, Acting Environmental Health Manager

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

 

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 purpose of this report is to present an invitation to Council from the Greater Sydney Local Land Services to nominate representatives for the Local Government Advisory Group. Nominations were due by 15 August, although an extension has been given until the end of August to allow nominations to be considered by Council at this Ordinary Meeting.

 

The report recommends the nomination of a Councillor Representative and a staff member as an alternate representative if needed.

Background

Local Land Services (LLS) became operational in New South Wales in January 2014, bringing together the former functions of Catchment Management Authorities (CMAs), Livestock Health and Pest Authorities (LHPAs) and the agricultural extension services of the Department of Primary Industries (DPI).

 

The former Hawkesbury-Nepean and Sydney Metropolitan CMAs had well established and valued partnerships with councils in their catchments, and the Greater Sydney Local Land Services (GS LLS) wishes to continue a similar relationship with councils in the Greater Sydney region. They propose to reform the Local Government Advisory Group (LGAG) to provide representation for the 43 councils in the Greater Sydney region so local government and the GS LLS can work more effectively on issues of common interest.

 

The GS LLS continues to deliver programs for environmental management, working with landholders and key stakeholders such as local government to improve the condition of biodiversity and aquatic systems, assisting farmers to manage their land sustainably and developing the environmental knowledge and skills of the community. The LLS works with lead agencies such as the Rural Fire Services, State Emergency Services and Department of Primary Industries to assist with effective responses to emergencies arising from natural disasters and biosecurity threats, and continues to manage pest animals in the region.

 

A draft Terms of Reference has been prepared for consideration by the LGAG (Attachment 1). This will be discussed and amended as needed at the first meeting of the LGAG before being ratified.

 


The draft Terms of Reference explains the purpose of the group as follows:

 

·      Promoting partnerships between the GS LLS and local government in the Greater Sydney Region

·      Promoting opportunities for delivering GS LLS investment to local government for delivery of outcomes consistent with GS LLS core functions of natural resource management, agricultural extension services, biosecurity and emergency management

·      Providing a forum for local government input to LLS regional planning, including development of a Local Strategic Plan

·      Providing a forum for local government input to delivery of the LLS core functions

·      Developing a framework for the integrated delivery by local government of programs within the core function areas, including those identified in the Catchment Action Plan and Local Strategic Plan

·      Strengthening the partnerships between Local, State and Federal Governments in delivering programs to address core functions

 

The LLS is also exploring options for an effective group model. A draft proposal is attached (Attachment 2) that would allow either individual membership, or group membership based on existing catchment groups. This does not preclude councils that are part of an existing alliance or grouping of councils requesting individual membership of the LGAG. In previous years Penrith City Council has held individual membership on the Local Government Advisory Group when it was administered by the Catchment Management Authority. The current LLS proposal indicates Penrith City Council would retain its individual membership status.

 

Nominations can be either a Councillor Representative or staff representative or both. Council would only have one voting right irrespective of the number of representatives. A Council staff member can only have a voting right if the Councillor Representative is not in attendance. All costs associated with Councillor and council staff attendance must be met by participating councils.

 

The first meeting of the Local Government Advisory Group is scheduled for the afternoon of 17 September 2014. More specific details regarding the venue, time and agenda will be forwarded closer to the date. The first meeting will:

 

1.   Approve a model for council representation on LGAG

2.   Approve the Terms of Reference for the LGAG

3.   Elect a Chair and two Deputy Chairs for the LGAG from councillor representatives.

 

It is intended the group meet four times per year. Meetings will be held in a central location in a venue provided by a member council. A council can also nominate to host a meeting.

 

Conclusion

Penrith City Council has been invited to nominate a Councillor, staff member, or both to represent Council on the GS LLS Local Government Advisory Group.

 

Nominations were due by 15 August, although an extension has been given until the end of August to allow Council an opportunity to consider nominations at this Ordinary Meeting.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Invitation to nominate representatives for the Greater Sydney Local Land Services Local Government Advisory Group be received.

2.    A Councillor is nominated to represent Council on the Greater Sydney Local Land Services Local Government Advisory Group with the Environmental Health Coordinator as an alternative representative if needed.

 

 

ATTACHMENTS/APPENDICES

1.  

Terms of Reference

2 Pages

Appendix

2.  

Draft Proposal

3 Pages

Appendix

  


Ordinary Meeting                                                                                                            25 August 2014

Appendix 1 - Terms of Reference

 

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Ordinary Meeting                                                                                                            25 August 2014

Appendix 2 - Draft Proposal

 

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Ordinary Meeting                                                                                              25 August 2014

 

 

 

10

Grant funding for rehabilitation and revegetation at Castlereagh Reserve, Cranebrook   

 

Compiled by:               Janet Rannard, Bushland Management Officer

Authorised by:            John Gordon, Parks Manager  

 

Outcome

We care for our environment

Strategy

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

Service Activity

Manage and maintain Council owned natural areas

      

 

Executive Summary

The purpose of this report is to advise Council of a successful grant funding application and to request written acceptance of the funding offered.

 

Background

The Crown Lands Public Reserves Management Fund Program (PRMFP) is administered by the Department of Trade and Investment. It provides financial support for the maintenance and improvement of public reserves.  There are 7800 Crown Reserves managed by Councils within NSW. PRMFP funding is made available to develop, maintain and improve lands and facilities including protection of the environment.

 

Caring for our environment is a key outcome of Council’s Community Plan. Council’s Delivery Plan 2013-17 contains a strategy (5.1) to “Protect and improve our natural areas, the Nepean River and other waterways”. In particular, 5.1.2 “Manage and maintain Council owned natural areas” and 5.1.3 “Facilitate community involvement in bushland management”.

 

Grant Funding Proposal – Castlereagh Reserve, Cranebrook

In March 2014 Council applied for a PRMFP grant to ‘rehabilitation and revegetate along informal tracks and Reserve edges at the Castlereagh Reserve (R36615)’. The area of the Reserve is 17.7 hectares. The vegetation within the Reserve is listed under the NSW Threatened Species Conservation Act 1995. It includes both Castlereagh Scribbly Gum Woodland (a vulnerable ecological community) and Cooks River/Castlereagh Ironbark Forest (an endangered ecological community). 

 

The proposed project will focus on noxious and environmental weed removal, revegetation where necessary and track edge remediation.

 

Current Funding Situation

The Minister for Natural Resources, Lands and Water and Minister for Western NSW, The Hon Kevin Humphries MP has advised Penrith City Council that the PRMFP has made available $10,000 for rehabilitation within Castlereagh Reserve, Cranebrook. Council currently undertakes significant annual maintenance in the adjoining Castlereagh Cemetery, and these works are included in the 2014-15 Operational Plan, along with some signage, education, monitoring and project management could be accommodated within this annual allocation and form Council’s required $5,500 in kind contribution.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Grant funding for rehabilitation and revegetation at Castlereagh Reserve, Cranebrook be received.

2.    Council accept the grant of $10,000 and the relevant staff sign on behalf of Council.

3.    Council write a letter of thanks to The Minister for Natural Resources, Lands and Water and Minister for Western NSW, The Hon Kevin Humphries MP.

 

 

ATTACHMENTS/APPENDICES

1.  

Kingswood Park Rehabilitation Project, North Penrith

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                              25 August 2014

 

 

 

11

Kingswood Park Rehabilitation Project, North Penrith   

 

Compiled by:               Janet Rannard, Bushland Management Officer

Authorised by:            John Gordon, Parks Manager  

 

Outcome

We care for our environment

Strategy

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

Service Activity

Manage and maintain Council owned natural areas

      

 

Executive Summary

The purpose of this report is to advise Council of a successful grant funding application and to request a financial contribution to support the grant application.

Background

The NSW Environmental Trust is administered by the Office of Environment and Heritage (OEH), Department of Premier and Cabinet. OEH manages various grant programs to fund projects that include restoration and rehabilitation of the environment, environmental education and sustainability.

 

The objectives of the Restoration and Rehabilitation (R&R) program include to restore environmental resources, protect important ecosystems, prevent or minimise future environmental damage and to improve the capacity of eligible organisations to protect, restore and enhance the environment. Applications can be by either community organisations or the State & Local Government with $2 million available for each entity and a maximum of $100,000 per application.

 

Council has previously been successful in obtaining Restoration and Rehabilitation funding of $58,000 in 2006 for Rehabilitation of a section of Jamison Creek (Huntington Reserve, Emu Plains) and $60,000 in 2009 for Stage 2 of Jamison Creek rehabilitation.

Caring for our environment is a key outcome of Council’s Community Plan. Council’s Delivery Plan 2013-17 contains a strategy (5.1) to ‘Protect and improve our natural areas, the Nepean River and other waterways’. In particular, 5.1.2 ‘Manage and maintain Council owned natural areas’ and 5.1.3 ‘Facilitate community involvement in bushland management’.

 

Grant Funding Proposal – Kingswood Park Rehabilitation Project

 

The project for the Restoration and Rehabilitation (R&R) program is to rehabilitate approximately 17 hectares of land owned by Penrith City Council between Hickeys Lane and Andrews Road in the suburb of North Penrith (known at ‘Kingswood Park’). This area is a little known remnant of the critically endangered Cumberland Plain vegetation community. In addition, discussions have been undertaken with the adjacent landowner, Crane Distribution Ltd., as their land contains a regionally significant wetland area containing Castlereagh Swamp Woodland Community and Swamp Oak Flood Plain Forest, both of which are listed as endangered ecological communities (EEC’s). Works will entail contouring slopes, repairing eroded gullies and consolidating tracks within the park to stabilise the soil. Weed control and revegetation will be undertaken. The community will be engaged by media releases, holding information days and training workshops. Outcomes include a stable revegetated bushland area and having members of the local community more knowledgeable about their local park.

 

Current Situation

 

The Minister for the Environment, the Hon Rob Stokes MP has advised Penrith City Council that the NSW Environmental Trust ‘Restoration and Rehabilitation’ program has made available $80,000 for rehabilitation within ‘Kingswood Park’ over three years. Grant application demand was high with 25 projects successful out of approximately 90 applications.

 

The budget for the project consists of the following items:

 

 

Year 1

Year 2

Year 3

Total

Funding Source

Erosion control, contouring and check dams as necessary. Weed control

$35,000.00

$10,000.00

$10,000.00

$55,000.00

ET Grant

Revegetation with endemic plants

$5,000.00

$10,000.00

$10,000.00

$25,000.00

ET Grant

Grant funding applied for

$40,000.00

$20,000.00

$20,000.00

$80,000.00

 

Weed control, bush regeneration and related activities

$20,000.00

$20,000.00

$20,000.00

$60,000.00

PCC Cash contribution

Total

$60,000.00

$40,000.00

$40,000.00

$140,000.00

 

 

Council will also supply $15,000 of in kind contribution towards project management and $20,000 of in kind towards community engagement, workshops, and volunteer recruitment.

 

Financial Services Manager’s Comment

This report details the availability of an $80,000 grant through the NSW Environmental Trust ‘Restoration and Rehabilitation’ program for rehabilitation within Kingswood Park. The acceptance of the grant will require Council to contribute $20,000 each year over three years of the program. The total contribution from Council of $60,000 is available within the Grants Reserve which was established to provide Council with capacity to contribute towards grant funding where there is no other identified source of funding for Council’s contribution. The projected balance of the Grant Reserve at 30 June 2015 is $285,278 before allowing for this proposed allocation.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Kingswood Park Rehabilitation Project, North Penrith be received.

2.    Council accept the grant of $80,000 over three years.

3.    Council agree to provide financial support of $60,000 over three years ($20,000 per year for the 2014-15, 2015-16, 2016-17 financial years) to contribute to the rehabilitation project.

 

4.    Council write a letter of thanks to the Minister for the Environment, the Hon Rob Stokes MP.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

12      Emu Plains Library                                                                                                         113

 

13      Legal Rights and Obligations of Residents Hoarding on their Property                         116

 

 

 

 



Ordinary Meeting                                                                                              25 August 2014

 

 

 

12

Emu Plains Library   

 

Compiled by:               Colin Stevenson, Library Services Manager

Joan Suckling, Resources Librarian

Authorised by:            Ruth Goldsmith, Executive Manager - City Planning and Community  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver quality library services that respond to the community's information and leisure needs

      

 

Executive Summary

At its Ordinary Meeting of 16 December 2013, Council resolved to reconvene the Library Working Party to review service delivery options and finalise the preferred library service delivery model for the future.  Since December, the Working Party has considered information from the previous Future Directions Library Working Party, details of the library service’s operational costs, and the results of the survey of the current regular users of the Emu Plains branch library.  Council’s responsibility to sustainably manage its assets has been a key focus.

 

On the basis of that information, and the Working Party’s deliberations, tonight’s report recommends closure of the Emu Plains branch library.

Background

As a growing Regional City, the demands on Council in the future will continue to outstrip our capacity.  The 2011-12 SRV, which is now fully implemented, was the first step in securing our financial sustainability and acknowledged that continual productivity and efficiency improvements were key to maintaining our sustainability.

 

Council’s current Capacity Review looks to examine what we do, what we can continue to do and how we will do it.  A key component of that review is to examine Council’s existing assets, and ensure they are sustainable into the future.

 

The Library Services Review undertaken by Council in 1999 indicated that the Emu Plains branch library was underutilised with low loan, new membership and visit statistics.  That situation was again identified in a review of the service in 2006, and remains unchanged today.  In 2012-13 the cost of each loan at Emu Plains was $29.50 compared to $8.51 at the Penrith Central Library.  The branch currently has an hourly average of 19 loans.  St Clair currently has 31 loans per hour; St Marys has 50 loans per hour and Penrith has 185 loans per hour.

 

The Emu Plains library is currently open 1.30pm - 5.00pm Monday, Wednesday and Friday and Saturday morning from 9.00am - 1.00pm.  The branch is rostered with two staff during opening hours, as required for workplace health, safety and security.  One staff member works at the public service desk, and the second carries out other library functions in the staff room.  The staff are based at Penrith library, and rostered at Emu Plains as required.

 

The branch is also the headquarters of the Community Toy Library service.  The service provides a valued service to the City’s broader community, including a weekly session for children with disabilities.

Survey results

To gauge responses to the possible closure of the Emu Plains branch, a survey was undertaken by library staff between Tuesday 28 January and Saturday 1 February 2014.  The survey targeted the 64 library patrons (over the age of 18 years) who borrowed at least twelve items from the Emu Plains library between October 2012 and October 2013, and who live locally in Emu Plains, Emu Heights or Leonay.  Findings are summarised below:

„  95% of patrons used other branches besides Emu Plains and would continue to visit other library branches if Emu Plains library were to close

„  72% of patrons surveyed visit Emu Plains library once a month or less

„  3 patrons of those surveyed indicated that they only visit Emu Plains library

„  2 patrons stated that they would require the home library service if Emu Plains library were to close.

 

Many of the surveyed patrons stated that the lack of adequate parking at the Penrith library, the convenient location of the Emu Plains library near their home, and the personalised customer service they received were the main reasons they visited Emu Plains library.  Patrons also commented that the limited opening hours and the small collection (lacking in variety and depth compared with Penrith) stopped them from visiting Emu Plains library on a more regular basis.  One patron commented that when she visits Emu Plains library she is often the only one there.

Recommended approach

Council delivers an excellent and well-regarded library service, with a growing membership base and increasing online and eBook presence.  The Emu Plains branch library, however, is under-utilised.  The majority of Emu Plains library users also use Penrith library, however alternate service arrangements are available for those unable to access Penrith.

 

At previous Briefings in June and December 2013, Councillors were provided with information regarding the nearby OSH service (currently housed in the old Emu Plains School site).  The service does not meet the National Standards for OSH care, especially with regard to kitchen and toilet facilities.  There is an opportunity for Council to formally consider a proposal to re-locate the OSH service into the library building, if it were vacated by the library service.

 

If Council were to decide to close the Emu Plains branch library, a communications strategy will be implemented with regular Emu Plains Library users and the broader community.  All current Emu Plains library users would be contacted individually to arrange alternative service delivery.

 

Closure of the branch would result in operational costs savings of approximately $29,547 per annum and transfer of 16 hours of staff desk time back to Penrith library.  The collections, PCs and fixtures would be also transferred to other branches.  In the short term, the Toy Library could continue to operate from the Emu Plains Library building.  Over time, consideration would be given to relocating the Toy Library to a more central location.

 

It is recommended that the Emu Plains branch library is closed, and the above approach is implemented.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Emu Plains Library be received.

2.    The necessary steps be taken to close the Emu Plains branch library, as outlined in the report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                              25 August 2014

 

 

 

13

Legal Rights and Obligations of Residents Hoarding on their Property   

 

Compiled by:               Kristy Stanford, Team Leader - Health

Anthony Price, Acting Environmental Health Manager

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

Requested By:            Councillor Karen McKeown

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Contribute to the health and wellbeing of the City's community

      

 

Executive Summary

This report has been prepared in response to a request from Councillor McKeown to outline the legal rights and obligations of residents that hoard on their property.

 

All property owners have an obligation to maintain their land and premises in a safe and healthy condition, although as indicated in this report the challenges and complexity increases significantly where hoarding behaviour is the reason for the poor condition of a premises.

 

It is important to understand the limitations and definitions relevant to the difference between storing and hoarding of materials on a property, and the circumstances in which Council may become involved. There are no specific guidelines that address the amount of materials or the manner in which they are stored at a domestic residential property. Council may become involved if the storage activity is associated with the operation of a business, or if the volume of material and manner in which it is stored impacts on public health, safety or amenity. Extreme examples of the accumulation of materials at a residential premises is generally described as hoarding.

 

This report focuses on domestic hoarding by individuals on a residential premises and not the accumulation of material associated with the operation of a business or commercial activity.

 

This report recommends the information be received.

 

Background

Hoarding is a complex disorder when an individual acquires and fails to discard large numbers of possessions, which appear to be of very little value. The accumulation results in cluttered living areas and prohibits the use of areas of the home. The individual affected will often experience significant distress at the thought of removing the items. Hoarding is believed to stem from four factors, including behavioural avoidance, false beliefs about possessions, difficulties forming emotional attachments, and problems processing information.

 

The most severe cases whereby hoarding impacts upon the adjoining neighbourhood are generally described as squalor.  Squalor can be defined as the situation in which an individual’s home is unclean and unhygienic. This is often due to the accumulation of useless items, rubbish and dirt, resulting in unacceptable living conditions.

 

The relevant legislative framework available to address hoarding was considered by the NSW Parliamentary Committee on Environment and Regulation Inquiry into the Management and Disposal of Waste on Private Lands earlier this year.  The terms for reference for the Inquiry included a focus on:

 

(a)  The health and safety risks posed by inadequate management and disposal of waste, overgrowth and excess vegetation, pests and odour;

(b)  The effectiveness of current regulatory arrangements and powers to compel clean-ups on private land and manage derelict buildings;

(c)  The adequacy of inspection and enforcement procedures, including relevant sanction and power to recover costs;

(d)  Possible measures to improve the management of waste on private land;

(e)  The extent of illegal, dumping and the impact on local government authorities of requirements to remove dumped waste; and

(f)  any other related matters

 

The following extracts from the Chair’s Forward highlight the challenges and complexity of domestic hoarding and squalor.

 

“…as our inquiry progressed it became clear that one aspect of private land management over which there has been considerable debate about the need for greater regulation may not be amenable to regulation in the first instance or at all. I am referring to domestic hoarding and squalor which is the result of a landowner’s incapacity, whether mental, physical, aged or financial, to manage their own property in their own best interests, let alone those of their neighbours.”

 

“The domestic hoarding and squalor cases which were brought to the attention of the

Committee, by both affected neighbours and by advocates for landowners whose activities had come to the attention of regulators, were in the end so personal and potentially distressing that we resolved to redact from published submissions any information which identified private property…”

 

“… the local governments who made submissions and gave evidence generally made concerted bids for more effective and streamlined regulatory powers to govern waste on private lands. The Committee detected a significant level of frustration amongst councils caught between the competing demands of some landowners for their neighbours to clean up their land and other landowners resistant to any level of outside interference in the way they enjoy their private properties.”

 

“Councils felt that their discretion regarding different approaches to private land management questions is detracted from a lack of legislative clarity. They felt that clear legislative definitions and guidelines would assist them and the public to better implement and understand waste management with the objective of producing quicker and less costly results.”

 

“…the Committee heard from councils, the community sector and private citizens that where hoarding and squalor was evident, regulatory interventions often had a negative impact on the problem, and that a social approach with state-wide application was required. The Committee has recommended that protocols be developed to achieve this state-wide and potentially national approach.”

 

Domestic hoarding and squalor was identified through the Inquiry as a particular problem that requires a more holistic approach to finding a solution rather than legislative reform.  Evidence provided to the Inquiry came from representatives of local government, social and clinical services. The Committee found domestic hoarding and squalor is a significant and complex issue for householders, neighbours, councils, government agencies and other organisations across NSW, which requires a sophisticated and holistic interagency response in a broader social context rather than just a regulatory one. The Committee presented its findings in a report dated 23 June 2014.  The NSW Government is expected to provide a response by the end of 2014.

 

 

Responding to Complaints about Hoarding

Council officers generally become involved with hoarding and squalor matters when the condition of a premises is considered to pose a risk to public health or safety. Council can deal with requests about the condition of properties (generally from affected neighbours) under the s124 Orders provisions of the Local Government Act. For example Order 21 can be issued to the owner or occupier of land or premises “To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition”.

 

Unfortunately, the ability or capacity for owners or occupiers to comply, or pay the costs associated with a clean up direction is limited when hoarding behaviour or squalor is a factor. Officers do their best to manage the sensitivities and challenges arising from possible mental health factors and in most situations Council may need to undertake works with the hope of recovering these costs in the future. In addition, if property owners or occupiers do not receive any assistance or support in relation to hoarding behaviour, the problem will continue and Council will likely receive continuing requests from affected neighbours to take action.

 

Clean-up costs can range from a few thousand dollars to tens of thousands of dollars. In a recent hoarding example, Council Officers have received quotes ranging between $30,000 and $55,000 for the cleanup of accumulated materials external to a dwelling. Another recent cleanup quote has been received for around $66,000 where a dwelling has been significantly affected due to hoarding and squalor conditions. In this case, due to degradation of the building, the proposed work may still not result in the premises being suitable for occupation.

 

If Council proceeds to undertake works necessary to make a premise safe and healthy (because an owner or occupier does not have the capacity to do so), it is unlikely costs will be recovered in the short term. Costs can be charged against a property but are not likely to be recovered until the property is sold. This can be a significant financial burden on both the property owner and Council.

 

There are currently several cases of domestic hoarding and squalor being actively investigated by Council Officers, with case time extending from one month to six years. Some of the cases involve residences where a problem has been previously addressed, only to see it return to the previous state over time.  In all these circumstances it is important to consider the frustration of adjoining neighbours who have to endure odour and vermin problems generally associated with hoarding or squalor cases.

 

The Community and Cultural Development department has been providing assistance to regulatory officers in the hope of connecting individuals to welfare or government agencies who may be able to provide assistance. A resource (information kit) is also being developed comprising of welfare and government agencies able to assist. It is hoped this resource and assistance options can be provided to property owners either prior to or as part of a regulatory response. The challenge for Council officers is even if assistance is offered the services generally cannot be provided unless the property owner or occupier requests or agrees to the assistance.

 

Mental health services are typically the responsibility of state government and it is worth noting Councils are generally not equipped to respond to such issues. However, in relation to domestic hoarding and squalor Council officers are doing their best to work within the current legislative framework.  Waste and Community Protection, Environmental Health and the Community and Cultural Development departments have all played a role in responding to complaints about the condition of premises likely resulting from domestic hoarding issues and are well aware of the need to respond more effectively. Notwithstanding these efforts, responding departments agree that it is a challenge as to how these cases can best be resourced. It is also arguable Council Officers are not best placed to assist with matters relating to hoarding behaviours and that the state government should take a leading role in these cases.

 

The following are some of the proactive steps Council and its officers have taken in an attempt to highlight the challenges:

 

·    Council’s submission in June last year on the Local Government Act Review raised the issues and challenges faced when managing hoarding and squalor cases and the need for further support mechanisms.

 

·    Council sponsored a motion to last year’s local government conference “That Local Government NSW seek the cooperation of the NSW Government in developing a policy, guidelines and inter governmental approach to enable Councils, relevant State agency services and community organisations to assist residents who have significant issues of squalor and hoarding.

 

·    Council convenes the Penrith Community Care Forum (PCCF) an interagency of community care providers each month.  In 2011 the number of clients living in squalor and/or hoarding was raised as an issue at the forum.  As a result, Council hosted a Squalor and Hoarding Forum in March 2012 in partnership with PCCF. A working group was established to explore better response strategies with key agencies.  Due to case complexities the working group decided to focus on developing a resource (information kit) to assist both service providers and clients.  The resource is in the early stages of development.

 

 

Conclusion

All property owners have an obligation to maintain their land and premises in a safe and healthy condition, although as indicated in this report the challenges and complexity increase significantly where hoarding behaviour is the reason for the poor condition of a premises.

 

Council Officers generally become involved with hoarding and squalor matters when the condition of a premises is considered to pose a risk to public health or safety. Unfortunately, the ability or capacity for owners or occupiers to comply with a clean-up direction is limited when hoarding behaviour or squalor is a factor.

 

Council Officers do their best to manage the sensitivities and challenges arising from possible mental health factors and in most situations Council may need to undertake works with the hope of recovering these costs in the future. In addition, if property owners or occupiers do not receive any assistance or support in relation to hoarding behaviour, the problem will continue and Council will likely receive continuing requests from affected neighbours to take action.

 

Council’s Officers are aware of the need to respond more effectively and have actively contributed in multi agency forums to consider better solutions. The issues and challenges discussed in this report have been raised as part of Council’s submission last year to the Local Government Act Review. Council also sponsored a motion on hoarding and squalor at last year’s local government conference seeking an improved multi agency approach to hoarding and squalor cases.

 

The NSW Parliamentary Committee on Environment and Regulation Inquiry into the Management and Disposal of Waste on Private Lands has also reported its findings in June this year. The Committee has required the NSW Government to provide a response by the end of the year. When the Government responds it is expected to provide further clarity in relation to the role of councils and other agencies, and the non-regulatory options proposed to manage hoarding and squalor cases in a more holistic manner.

 

 

 

RECOMMENDATION

That the information contained in the report on Legal Rights and Obligations of Residents Hoarding on their Property be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

14      Organisational Performance Report - June 2014                                                          123

 

15      Audit Committee