Description: Council_Mark_POS_RGB

22 October 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 27 October 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

 

 

Craig Butler

Acting General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Mark Davies - 10 October 2014 to 10 November 2014 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 29 September 2014.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 13 October 2014.

Policy Review Committee Meeting - 13 October 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 27 October 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.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

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

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

South Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Ben Goldfinch

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Maurice Girotto

East Ward

Clr Jackie Greenow OAM

East Ward

 

Clr Michelle Tormey

North Ward

 

Clr Karen McKeown

South Ward

 

Clr John Thain

North Ward

 

Clr Greg Davies

East Ward

 

Clr Prue Car

ManagersEast Ward

 

 

Executive Managers


 


Description: 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 29 SEPTEMBER 2014 AT 7:31PM

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, Greg Davies and Councillors Jim Aitken OAM (arrived 7:49pm), Prue Car, Marcus Cornish, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 23 September 2014 for an indefinite period..

APOLOGIES

261  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Jackie Greenow OAM that an apology be received for Councillor Bernard Bratusa.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 September 2014

262  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the minutes of the Ordinary Meeting of 22 September 2014 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Ben Goldfinch declared a Pecuniary Interest in Item 3 - Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa as he owns the property subject of the report.

 

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 - 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 as her son was previously employed by the Applicant. Councillor McKeown indicated she would leave the room for discussion of this matter.

 

Councillor Jackie Greenow OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 13 - Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15 as she is employed by one of the recipients of funding subject to the report.

 

Councillor Michelle Tormey declared a Non-Pecuniary Conflict of Interest – Less than Significant in Committee of the Whole Item 2 Commercial Matter - Proposed Advertising of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital as her Step Father is employed by the company subject to the report.

 

SUSPENSION OF STANDING ORDERS

263  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia  Hitchen that Standing Orders be suspended to allow a member of the public to address the meeting, the time being 7:38pm.

 

Mr Andrew Rezk

 

Item 4 - Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton 

 

Mr Rezk, the applicant spoke against the recommendation. Mr Rezk stated that his development proposal in line with the streetscape of his neighbours and the development will not create a precedent. Mr Rezk stated that there was no proposal for a granny flat as part of the development proposal. In conclusion Mr Rezk said that the site plan and frontage clearly shows all of the characteristics of a Torrens title subdivision.

RESUMPTION OF STANDING ORDERS

264  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia Hitchen that Standing Orders be resumed, the time being 7:44pm.

 

Reports of Committees

 

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

265  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 September, 2014 be adopted.

 

2        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 3 September 2014                                                                                                

266  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 3 September, 2014 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Update on Fire at 19 Copeland Street, Kingswood                                                       

267  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on the Update on Fire at 19 Copeland Street, Kingswood be received.

2.    Memorandums will be provided to Councillors updating them on the progress of the clean-up operations until it is finalised.

 

Councillor Jim Aitken OAM arrived to the meeting, the time being 7:49pm.

 

2        Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land   

268  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Existing Approvals Allowing a Circus to Operate on Council & Privately Owned Land be received

2.    Council develop a new Policy in relation to consent required by a land owner to allow the operation of a circus within the Local Government Area.

 

An AMENDMENT was moved by Councillor Mark Davies seconded Councillor Ben Goldfinch that the information be received.

 

The AMENDMENT was PUT.

The AMENDMENT was LOST.

 

The MOTION was PUT.

The MOTION was CARRIED and on becoming the SUBSTANTITIVE MOTION was also CARRIED.

 

Having previously declared a Pecuniary Interest Councillor Ben Goldfinch left the room, the time being 8:01pm.

 

Councillor Maurice Girotto left the room, the time being 8:01pm.

 

3        Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa Applicant: Adan Creative Designs;  Owner: ~Ben and Rebecca Goldfinch                                 

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

That:

1.    The information contained in the report on Development Application DA14/0799 Demolition of existing structures and construction of single new dwelling at Lot 18 DP 2121 (No. 26) The Straight Road, Mulgoa be received.

2.    The application be approved subject to the following conditions.

2.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

B001 Demolition of Existing Structure

B002 Demolition and disposal to an approved landfill site

B003 General Asbestos

B004 Dust

B005 Mud/Soil

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

F006 Water tank & nuisance

H001 Stamped plans

H002 All forms of construction

H009 Cut/fill details

H022 Survey

H030 Roof finishes

H036 Rainwater tank

H037 Safe supply of water from catchment

H038 Connection of rainwater tank supply

H039 Rainwater tank pumps

H041 Hours of Work

K041 Infrastructure Bond

K202 Road act

K208 Stormwater

K501 Roads Authority

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Councillors Maurice Girotto and Ben Goldfinch returned to the room, the time being 8:02pm.

 

4        Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton  Applicant: Andrew Rezk and Christine Merkhaic;  Owner: ~Andrew Rezk and Christine Merkhaic                                        

270  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton  be received.

2.    The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards regarding lot area and width under Clause 10 of Penrith Local Environmental Plan 1998 (Urban Land) not be supported.

3.    Development Application DA14/0324 Torrens Title Subdivision x 2 Lots at Lot 111 DP 1111945 (No. 84) Shepherd Street, Colyton be refused for the following reasons:

                             a)      The application is not satisfactory for the purpose of Section                                                79C(1)(a)(i) of the Environmental Planning and Assessment Act as                                the proposal is inconsistent with the following provisions of Penrith                                Local Environmental Plan 1998 (Urban Land):

                                       Clause 10 Subdivision controls generally in that the proposed lot                                       area and width are non compliant.

                                       Clause 12(3) Building Envelope in that the building envelope for the                                  existing two storey building is non compliant.

The application has not demonstrated that the subdivision and building envelope development standards are unreasonable or unnecessary in the circumstances as required by State Environmental Planning Policy No. 1 – Development Standards.

                              b)      The application is not satisfactory for the purpose of Section                                                 79C(1)(a)(iii) of the Environmental Planning and Assessment Act as                               the proposal is inconsistent with the following provisions of Penrith                                 Development Control Plan 2006:

 

                                      i)        The application has not satisfied Council with respect to the                                      enhancement of the existing and future subdivision character of                              the street.

 

                                    c)      The application is not satisfactory for the purpose of Section                                                79C(1)(c) of the Environmental Planning and Assessment Act 1979                               as it has not been demonstrated through compliance with the                                             relevant provisions that the site is suitable for the proposed                                        development.

 

                                    d)      The application is not satisfactory for the purpose of Section                                                79C(1)(e) of the Environmental Planning and Assessment Act as the                                       proposal is not in the public interest.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

 

Councillor Maurice Girotto                       

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

5        Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains Applicant: Matthew and Emma Horsfall;  Owner: ~Matthew and Emma Horsfall                                                                           

271  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1.    The information contained in the report on Development Application DA14/0814 residential alterations and additions at Lot 154 DP 1117222 (No. 77) Forbes Street, Emu Plains be received.

2.    The submitted SEPP 1 be supported to vary the minimum landscaped area requirement.

3.     DA14/0814 for dwelling alterations and additions at 77 Forbes Street, Emu Plains be approved subject to the attached conditions:

3.1       A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements

A019 Occupation Certificate

A046 Obtain a Construction Certificate

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

E002 Light and Ventilation

ESPECIAL Smoke detector

H001 Stamped plans

H009 Cut/fill details

H030 Roof finishes

H041 Hours of Work

K016 Stormwater

K041 Bond

L008 Tree Preservation Order

P002 Fees associated with Council land

Q01F Notice of Commencement of Appointment of PCA

Q05F Occupation/Compliance Certificate

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

For

Against

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

 

Councillor Maurice Girotto                       

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant Councillor Karen McKeown left the room, the time being 8:09pm.

 

6        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 and Mrs Gosling;  Owner: ~Mr and Mrs Gosling                                                                                          

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

 

That:

1.    The information contained in the further 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.    The matter be deferred pending a further report to Council outlining reasons for refusal.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

 

Councillor Maurice Girotto                       

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Councillor Karen McKeown returned to the room, the time being 8:13pm.

 

Outcome 3 - We can get around the City

 

7        Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys     

273  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies

That:

1.    The information contained in the report on Tender Reference 14/15-01 Construction of South Creek Footbridge, St Marys be received

2.    Bridgeworks (Aust) Pty Ltd be awarded the contract for the construction of South Creek Shared Path Bridge Upgrade works for the amount of $1,013,620.00 excluding GST.

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

 

 

8        Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099                                            

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

That:

1.    The information contained in the report on Land Acquisition by Road & Maritime Services - Purchase land from Council under Land Acquisition (Just Terms Compensation) Act 1991 for part of Council land at Gipps Street Reserve to widen and construct the road known as Gipps Street identified as Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099 be received.

2.    Council approve the sale under Land Acquisition (Just Terms Compensation) Act 1991 of Lot 12 DP 1194036, being part of land in Certificate of Title 2/81099 to Road & Maritime Services for a sum of $231,000.

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

 

9        Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015                                                                                                                            

275  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1.    The information contained in the report on Local Government Road Safety Program - Roads and Maritime Services Grant Funding 2014-2015 be received.

2.    Council accept the grants offered by Roads and Maritime Services Local Government Road Safety Program, totalling $13,000, as outlined in the report.

3.    Council write to Roads and Maritime Services and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

 

Outcome 4 - We have safe, vibrant places

 

10      Kingswood Public Domain Manual                                                                                 

276  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

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

2.    The Manual be adopted as Council policy for the future upgrades of footpaths and public spaces in the Kingswood Centre.

3.    The Access Committee and the Penrith Valley Chamber of Commerce be advised of Council’s decision.

 

 

11      Tender Reference 14/15-08 Jamison Park Amenities                                                   

277  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.    The information contained in the report on Tender Reference 14/15-08 Jamison Park Amenities be received.

2.    The tender for the construction works of the community sports facility building upgrades comprising; canteen with associated store, equipment store room, and sports club meeting room for the amount of $173,573 (ex GST) from Arcs Building Group Pty Ltd be accepted.

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

 

 

12      Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo)  

278  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.    The information contained in the report on Tender Reference 13/14-13 Ground Works to Penrith Civic Arts Precinct (The Mondo) be received.

2.    Council not accept any tender and that new tenders are invited when redesign is finalised.

3.    All tenderers be advised of the decision.

 

 

13      Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15                                                                                                                                             

279  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.    The information contained in the report on Magnetic Places Neighbourhood Renewal Community Cultural Grants Program 2014-15 be received.

2.    The nine projects recommended by the assessment panel are funded as listed in Appendix 1.

3.    All projects not funded, as listed in Appendix 2, be provided with feedback including other avenues of funding.

 

 

Outcome 5 - We care about our environment

 

14      Two Greater Sydney Local Land Services (GSLLS) Projects                                     

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

That:

1.    The information contained in the report on Two Greater Sydney Local Land Services (GSLLS) Projects be received.

2.    Council endorse the acceptance of funding provided by GSLLS and the contribution of ‘in kind’ resources to support the delivery of these projects.

 

3.    Council formally thank GSLLS for the offer of funding to undertake the regeneration projects.

 

4.     A further report be provided to Council regarding governance, purpose, make up and scope of the Greater Sydney Local Land Services (GSLLS).

 

 

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

 

16      Occupation Agreement - Ripples St Marys and Penrith Swimming Centre              

281  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1.    The information contained in the report on Occupation Agreement - Ripples St Marys and Penrith Swimming Centre be received.

2.    Council adopt the Occupation Agreement with Penrith Aquatic and Leisure Ltd. for the care, control and management of Ripples St Marys and Ripples Penrith.

3.    The Occupation Agreement be signed by the Mayor and General Manager of Penrith City Council, and the Chairperson and Company Secretary of Penrith Aquatic and Leisure Ltd.

4.    The Common Seal of the Council of the City of Penrith be affixed to all necessary documentation.

 

 

17      Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney                                                                                                                

282  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1.    The information contained in the report on Economic Evaluation of the Case for Community and Cultural Institutions and Events in Western Sydney be received.

2.    Council financially support and participate in the Economic Study.

3.    Council Officers investigate the availability of a suitable funding source to fund the $20,000 contribution towards the proposed Economic Study / Report as detailed within this report.

 

 

15      Community Assistance Program Planned Component 2014-15

Councillor Marcus Cornish left the meeting, the time being 8:25pm.
Councillor Marcus Cornish returned to the meeting, the time being 8:26pm.                              

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

That:

1.    The information contained in the report on Community Assistance Program Planned Component 2014-15 be received.

2.    Council approve funding the applications and amounts totalling $30,000 from the Planned Component of the 2014/2015 Community Assistance Program and $409 from the Rolling Component as outlined in Table 2 of this report.

3.     A further report be brought back to a Policy Review Committee Meeting on the Community Assistance Program detailing any other funding avenues to meet the funding shortfall in projects that meet the criteria.

 

 

 

Outcome 7 - We have confidence in our Council

 

19      Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood                                                                           

284  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Council Property - Easement to Drain Water over Council Lot 50, DP 30016 Public Reserve 36-38 Joseph St., Kingswood  be received.

2.    Council grant an easement to drain water over Public Reserve on Lot 50, DP 300016 in favour of Lots 48 and 49, DP 300016 and Lots 1 and 2, DP29528 at No.’s 24, 26, 28 and 30 Joseph St., Kingswood.

3.    The applicant pay compensation to Council in the amount of $10,250 (+GST) for the grant of the easement over Lot 50, DP 30016 No.’s 36-38, Joseph Street, Kingswood.

4.    The applicant be responsible for all drainage costs, survey, legal and registration costs associated with the creation of the easement.

5.    The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement.

 

 

20      2014-15 Financial Assistance Grant                                                                                

285  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on 2014-15 Financial Assistance Grant be received.

2.    The budget be adjusted to reflect the revised Financial Assistance Grant as part of the September Quarterly Review.

 

 

21      Audit Committee                                                                                                               

286  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Maurice Girotto

That the information contained in the report on Audit Committee be received.

 

 

22      Summary of Investments & Bank for the period 1 August - 31 August 2014            

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

That:

1.    The information contained in the report on Summary of Investments & Bank for the period 1 August - 31 August 2014 be received.

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

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

 

 

18      RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency                         

288  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.    The information contained in the report on RFT13/14-11 - Supply Agreement for a Strategic Marketing Agency be received.

2.    A panel of preferred agencies be established for the provision of branding and marketing consultancy services for three years, with an option to renew for a further year and with a second option to renew for a further year after that.

3.    Any potential marketing  programs be provided to a Councillor Briefing before engagement.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Wentworth Road - Shoulders                                                                                 

Councillor Jim Aitken OAM requested a memo reply concerning Wentworth Road, as the shoulders have washed away from the Northern Road East detailing whether or not the sealed section is wide enough for that section of the road way.

 

RR 2           Mulgoa Road Surface and Congestion                                                                 

Councillor Jim Aitken OAM requested a memo reply concerning the road surface on Mulgoa Road between Jamison Road and Glenmore Parkway, and that Council write to the State Government and State Members requesting information on the improvement timeframe in road surface and congestion.

 

RR 3           Northern Road - Road Surface                                                                              

Councillor Jim Aitken OAM requested a report to Council and an urgent letter be prepared to the RMS on the sinking of the bridge on the Northern Road over the motorway.

 

RR 4           Circus - Complaints/Policy                                                                                     

Councillor Jim Aitken OAM requested a memo reply detailing whether or not Council has ever had a policy on circuses in the City or has ever received any comments or complaints regarding circuses for the last 50 years.

 

RR 5           Racecourse Road - Traffic Calming Devices                                                       

Councillor Ben Goldfinch requested a memo reply concerning whether or not traffic calming devices are being investigated for Racecourse Road, in light of a serious accident that occurred recently.

 

URGENT BUSINESS

 

UB 1           Leave of Absence Request                                                                                     

Councillor Greg Davies requested leave of absence for the period 30 October 2014 – 23 November 2014 inclusive.

289  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia  Hitchen that 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.

 

290  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia  Hitchen that leave of absence be granted  for Councillor Greg Davies from 30 October 2014 – 23 November 2014 inclusive.

 

 

His Worship the Mayor, Councillor Ross Fowler OAM advised Councillors that they had received a late report for consideration in Committee of the Whole and that a resolution would be required to consider the item.

 

291  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown that the matter be considered.

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

 

Committee of the Whole

 

292  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:36pm.

 

1        Presence of the Public

 

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


 

 

 

Outcome 7

 

2        Commercial Matter - Leasing of parts of "Community" land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens and No 3 Trent Street, South 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 - Proposed Advertising of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital                                                                                

 

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

 

The meeting resumed at 8:52pm and the General Manager reported that the Committee of the Whole met at 8:26pm on 29 September 2014, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies  and Councillors Jim Aitken OAM, Prue Car, Marcus Cornish, 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

 

2        Commercial Matter - Leasing of parts of "Community" land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens and No 3 Trent Street, South Penrith                                                                             

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

CW2 That:

1.    The information contained in the report on Commercial Matter - Leasing of parts of "Community" land under Council's Plan of Management to Girl Guides NSW & ACT over No 26 Trinity Drive, Cambridge Gardens and No 3 Trent Street, South Penrith be received.

2.    Council grant leasing of No 26 Trinity Drive, Cambridge Gardens and part of No 3 Trent Street, South Penrith to Girl Guides NSW & ACT in accordance with Section 47A of the Local Government Act 1993.

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

 

3        Commercial Matter - Proposed Advertising of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital

Councillor Michelle Tormey left the meeting, the time being 8:47pm.
Councillor Michelle Tormey returned to the room, the time being 8:49pm.

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Maurice Girotto

CW3 That:

1.    The information contained in the report on Commercial Matter - Proposed Commencement of Licencing of Existing Temporary Carpark located at the corner of Rodgers & Somerset Streets, Kingswood to Healthscope Limited trading as Nepean Private Hospital be received.

2.    The report be deferred until a further meeting to allow for further information to be provided concerning the restoration of the land and the lease responsibilities.

 

4        Property Matter - 131 Queen Street, St Marys                                                               

RECOMMENDATION

CW4 That:

1.    The information contained in the report on Property Matter - 131 Queen Street, St Marys be received.

2.    The actions outlined in the report be adopted.

3.    The Common Seal of the council of the city of Penrith be placed on all documentation as necessary.

 

ADOPTION OF Committee of the Whole

 

293  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Maurice Girotto That the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 There being no further business the Chairperson declared the meeting closed the time being 8:56pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Council awarded for Risk Management Practices                                                            1

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

Mayoral Minute

Council awarded for Risk Management Practices

Strategy: Demonstrate transparency and ethical behaviour

           

 

Penrith City Council has been acknowledged for its risk management practices winning the Westpool Local Government Risk Management Excellence Award and a United Independent Pools Members Choice Award for Risk Management Excellence.

The Risk Management Excellence Awards celebrate councils and their staff in contributing to raising the standard and quality of risk management. The awards recognise and celebrate risk management as a profession, create public awareness and excellence of risk management in local government. Penrith and a number of other Councils won awards at the United Independent Pools strategy forum.

Penrith City Council has been a leader in risk management winning these awards seven times over the last 13 years. Council’s risk management culture continues to strengthen which is evidenced by the submission of three entries by City Works:

·    Automated Footpath Assessment - repair prioritisation and trip mitigation (Quad bike Road Assessment) that is used for prioritising road and footpath repair and subsequently reducing the potential for liability;

·    Gross Pollutant Trap (GPT) Maintenance and Risk Assessment that reduces risk exposure to third parties and liability cover by improving systems for storm water drain management;

·    Plant and Asset Protection (DataDot) program to discourage theft of plant and other asset items and assist in its recovery in the event of a theft.

Council’s winning submission was its Automated Footpath Assessment. This submission won the Westpool Risk Management Excellence Award which is adjudicated by a panel of representatives from the risk management industry. The submission also won the United Independent Pools Members Choice Risk Management Award that is voted by member Councils.

I would like to acknowledge Hans Meijer – City Works Manager, Alexx Alagiah – Asset Systems Engineer, Gowry Gowrythasan – Civil Operations Engineer, Arthur Kirk – GIS Coordinator and their staff for the work they have carried out in ensuring a safe city. I also acknowledge Ken Muir, Council’s Risk Management Coordinator for the work he performs in this important field. Thanks must also go to Mr Mike Wilken Managing Director of Infrastructure Management Group whose business provides the technology to survey the roads and paths and one which I am pleased to recognise as a local business servicing national and international clients.

 

 

Councillor Ross Fowler OAM

Mayor  


 

 

 

RECOMMENDATION

That the Mayoral Minute on Council awarded for Risk Management Practices be received.

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 13 October 2014                                                                                                                                              1

 

2        Reports and Recommendations of the Policy Review Committee Meeting held on 13 October 2014                                                                                                                                  10

 

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 13 October, 2014

 

 

 

PRESENT

Councillor Marcus Cornish, Senior Constable Mark Elliot – St Marys Police, Adam Wilkinson – Acting Executive Manager Environment & City Development, Michael Alderton – Acting Engineering Services Manager, David Drozd –Traffic Engineering Co-ordinator (Chairperson), Ruth Byrnes – Senior Traffic Engineer, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Bernie Meier – Acting Engineering Co-ordinator, Joshua Hull – Trainee Engineer.

 

IN ATTENDANCE

Steve Grady – Busways Group.

 

APOLOGIES

Apologies were accepted from Councillor Karen McKeown, Councillor Jackie Greenow OAM, Councillor Tricia Hitchen, Wayne Mitchell – Executive Manager Environment & City Development.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 September 2014

The minutes of the Local Traffic Committee Meeting of 1 September 2014 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Clementine Terrace, Caddens - Endorsement of Signage and Line Marking Plan   

RECOMMENDED

That:

1.    The information contained in the report on Clementine Terrace, Caddens - Endorsement of Signage and Line Marking Plan be received.

2.    The aerial plan prepared by Council, illustrating the locations of eight “No Stopping” signs on Clementine Terrace, Caddens, be endorsed for construction (as shown on Appendix 1).

 

 


 

 

2        Great Western Highway, Emu Plains - Temporary Relocation of Bus Zone             

RECOMMENDED

That:

1.    The information contained in the report on Great Western Highway, Emu Plains - Temporary Relocation of Bus Zone be received.

2.    A Temporary Bus Zone of 25m be installed approximately 150m west of the existing Bus Zone on Great Western Highway, between Cary and Emerald Streets, Emu Plains. 

3.    The existing Bus Zone signage be relocated to the Temporary Bus Zone location.

4.    At the end of the construction period for the new Bus Shelter, the Temporary Bus Zone be removed and signage be reinstated at the new location.  

 

 

3        Pages Road, St Marys - Replacement of "Rubber Tuff" Speed Cushions                

RECOMMENDED

That:

1.    The information contained in the report on Pages Road, St Marys - Replacement of "Rubber Tuff" Speed Cushions be received.

2.    Council Design Plan AP109 be finalised and endorsed for the construction of a single kerb-to-kerb Watts profile speed hump on Pages Road.

3.    Construction be funded from future City Works or Urgent Traffic Facilities budgets.

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

 

 

4        Tench Avenue, Jamisontown - Replacement of "Rubber Tuff" Speed Cushions    

RECOMMENDED

That:

1.    The information contained in the report on Tench Avenue, Jamisontown - Replacement of "Rubber Tuff" Speed Cushions be received.

2.    Council Design Plan AT80 be endorsed for the construction of Watts profile speed hump on Tench Avenue.

3.    Construction be funded from future City Works or Urgent Traffic Facilities budgets.

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

 

 


 

 

5        Vivaldi Crescent, Claremont Meadows - Proposed Pedestrian "Walk Through" at Roundabout                                                                                                                       

RECOMMENDED

That:

1.    The information contained in the report on Vivaldi Crescent, Claremont Meadows - Proposed Pedestrian "Walk Through" at Roundabout be received.

2.    The pedestrian “walk-through” Design Plan AS232 be endorsed for construction and that the works be programmed within and funded from the 2015/16 Urgent Traffic Facilities budget.

3.    The two adjacent properties be notified.

4.    A street lighting assessment be undertaken.

5.    The resident and Claremont Meadows Public School be advised of Council’s resolution.

 

 

6        Glossop Street, North St Marys - Proposed Parking Restrictions for Peak Periods

RECOMMENDED

That:

1.    The information contained in the report on Glossop Street, North St Marys - Proposed Parking Restrictions for Peak Periods be received.

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

3.    Subject to no substantial objections, part-time ‘No Stopping’ (6am-10am and 3pm-7pm Mon-Fri) be installed on the northern side of Glossop Street between Forrester Road and Debrincat Avenue.

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

 

 

7        Bus Shelter Program 2014/2015 - Endorsement of Locations for Bus Shelter Construction                                                                                                                      

RECOMMENDED

That:

1.    The information contained in the report on Bus Shelter Program 2014/2015 - Endorsement of Locations for Bus Shelter Construction be received.

2.    The Roads and Maritime Services (RMS) approve the relocation of the bus stop on the Great Western Highway, St Marys, north side near Sydney Street approximately 35m east, and approve the construction of a new bus shelter at this location.

3.    Community consultation be undertaken with affected residents regarding the relocation of the bus stop on Great Western Highway, St Marys, and the construction of new bus shelters, and any substantial objections be referred back to the Local Traffic Committee.

4.    Busways be requested to relocate the bus stop on Great Western Highway, St Marys, north side near Sydney Street approximately 35m east.

5.    Subject to RMS concurrence and no substantial objections from the community consultation process, the following locations for the construction of bus shelters under the 2014/2015 Bus Shelter budget be endorsed:

a)   Monfarville Street, St Marys, west side near Lonsdale Street opposite No. 78

b)   Charles Hackett Drive, St Marys, north side near Kalang Avenue opposite the shopping centre (shelter to be relocated from opposite 28 Somerset Street, Kingswood)

c)   Great Western Highway, St Marys, north side near Sydney Street outside the retirement village

6.    RMS be advised of the new shelter to be constructed on Great Western Highway, St Marys.

7.    Busways be requested to relocate any relevant signage upon completion of physical works.

 

 

8        John Oxley Avenue, Werrington County - Proposed Provision of Traffic Calming Device                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on John Oxley Avenue, Werrington County - Proposed Provision of Traffic Calming Device be received.

2.    Council’s design section be requested to design a Watts Profile speed hump and associated signage on John Oxley Avenue, Werrington County, approximately 20m east of Prince Street (as seen on Appendix 1).

3.    Costs associated with the installation of a Watts Profile speed hump and associated signage be funded from a future LTC/Urgent Traffic Facilities budget.

4.    Mr Bart Bassett MP Member for Londonderry, and the resident be advised of Council’s resolution.

 

 

9        Australia Day Event - Monday, 26 January, 2015                                                          

RECOMMENDED

That:

1.    The information contained in the report on Australia Day Event - Monday, 26 January, 2015 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 applicant seek separate approval of the Roads and Maritime Services for the temporary reduction in the speed limit on Old Castlereagh Road.  

4.     A Transport 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.

5.       The event applicant provide confirmation of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.

6.     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 include details of the proposed speed reduction on Old Castlereagh Road.  The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

7.     The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed Traffic Management Plan.  Where the Traffic Management and Traffic Control Plan indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

8.     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.

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

10.   The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.

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

12.   Where provided, Variable Message Sign boards be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

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

 

 

10      Sydney International Rowing Regatta Event - Monday 23 to Sunday 29 March, 2015       

RECOMMENDED

That:

1.    The information contained in the report on Sydney International Rowing Regatta Event - Monday 23 to Sunday 29 March, 2015 be received.

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

3.    A Transport 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.

4.    The event applicant provide confirmation of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.

5.    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 include details of the proposed speed limit reduction on Old Castlereagh Road. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

6.    The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the endorsed Traffic Management Plan. Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

7.    The event organiser notify the Ambulance Service of NSW, Fire and Rescue NSW, Rural Fire Service, and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event. A request is to be made to Fire and Rescue NSW and Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the Regatta Centre be postponed for the week of the event.

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

9.    The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.

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

11.  Where provided, variable message sign boards be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

 

 

11      Blackwell Avenue, St Clair - Results of resident consultation and endorsement of Design Plans                                                                                                                                   

RECOMMENDED

That:

1.    The information contained in the report on Blackwell Avenue, St Clair - Results of resident consultation and endorsement of Design Plans be received.

2.    Further consultation be undertaken with affected residents, including copies of relevant portions of Council’s Design Plan, with any substantial objections to be referred back to Local Traffic Committee for consideration.

3.    Subject to no substantial objections, Council’s Design Plan AB171 be finalised and endorsed for construction to be funded from the 2014/15 Major Traffic Facilities program.

 

12      St Clair Avenue, St Clair - Proposed Changes to Existing Traffic Calming Devices

RECOMMENDED

That:

1.    The information contained in the report on St Clair Avenue, St Clair - Proposed Changes to Existing Traffic Calming Devices be received.

2.    The project for the removal of the four pencil median islands on St Clair Avenue, St Clair, between Rochford Street and Chrisalex Place, and their replacement with double-barrier centre line marking be funded under Council’s Block Grant for signage and line marking or from the Urgent Local Traffic Committee budget.

3.    Affected residents fronting the devices be advised of Council’s resolution.

4.    Ms Tanya Davies MP Member for Mulgoa be advised of Council’s resolution.

 

 

13      Penrith City Council Car Park - Adjustments to Bus Zone and Signage                   

RECOMMENDED

That:

1.    The information contained in the report on Penrith City Council Car Park - Adjustments to Bus Zone and Signage be received.

2.    The “Bus Zone” in Penrith City Council’s car park be replaced with “15 Minute Parking Buses and Vehicles over 7m Only” as shown on Appendix 1.

3.    “No Entry Vehicles over 8.8m” signage be installed at the approach to the roundabout fronting the offices in Penrith City Council Car Park as shown on Appendix 1.

4.    That bus direction signs and tourist information direction signs be installed as shown on Appendix 1.

 

 

14      Batt Street and Racecourse Road, South Penrith - Proposed Provision of "STOP" Signage                                                                                                                               

RECOMMENDED

That:

1.    The information contained in the report on Batt Street and Racecourse Road, South Penrith - Proposed Provision of "STOP" Signage be received.

2.    “STOP” signage (size B) and associated line marking be installed on Batt Street, South Penrith, at the intersection of Racecourse Road (as shown on Appendix 1).

3.    Traffic volume and speed classification counts be undertaken on Racecourse Road, South Penrith, between properties 7 and 9 Racecourse Road.

4.    Traffic volume and speed classification data be referred to the Police to monitor and enforce evidence of speeding on Racecourse Road, South Penrith.

5.     Council write to Roads and Maritime Services requesting an additional 50km/h patch in Racecourse Road, immediately north of Maxwell Street.

 

 

15      Derby Street, Kingswood - Design Plan Endorsement                                                

RECOMMENDED

That:

1.    The information contained in the report on Derby Street, Kingswood - Design Plan Endorsement be received.

2.    Design Plan AD 130 (dated 04/07/14) for a raised pedestrian crossing on Derby Street immediately east of the driveway entrance, be endorsed for construction with funding from Council’s 2014/15 Traffic Facilities Budget.

3.    Sydney West Area Health Services be consulted with for the provision of a marked crossing in this location and be requested to provide written concurrence to the facilitation of works on hospital land and the take-up of one parking space within their car park.

4.    A street lighting assessment be undertaken.

 

 

16      Ninth Avenue and Third Avenue, Llandilo - Design Plan Endorsement                    

RECOMMENDED

That:

1.    The information contained in the report on Ninth Avenue and Third Avenue, Llandilo - Design Plan Endorsement be received.

2.    Design Plan AN 43 (dated 08/10/14) for a black length treatment of Ninth Avenue, Llandilo at third Avenue 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.

 

 

GENERAL BUSINESS

 

GB 1          Ride for Cancer Event (Raised Councillor Marcus Cornish)                             

Councillor Marcus Cornish advised that he reviewed traffic on Castlereagh Road, during the cycle event, and there were concerns that cars were overtaking bikes on the opposite side of the road. Council’s Traffic Engineering Coordinator advised that Council’s Traffic Section would receive a debrief from the Penrith Police on the event, and provide additional information to the Committee if required.

 

RECOMMENDED that Council note the information.

 

 

GB 2          Pages Road, St Marys (Raised St Marys Police)                                                 

The St Marys Police representative requested information on traffic calming options in Pages Road and Saddington Street, St Marys. Council’s Traffic Engineering Coordinator advised that a precinct study is currently being undertaken for these streets, together with the area bounded by the Great Western Highway and Mamre Road. A further report will be brought back to the Committee with traffic calming options for this precinct.

 

RECOMMENDED that Council note the information.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:35am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 13 October, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                             27 October 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 13 October, 2014

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 10 October 2014 to 10 November 2014 inclusive.

APOLOGIES

An apology was received for Councillor Tricia Hitchen.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 September 2014

The minutes of the Policy Review Committee Meeting of 8 September 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 3 – Placement of Council news page as he is a Director and Shareholder of a company subject to the report.

 

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 3 – Placement of Council news page as he is a Shareholder of a company subject to the report.

 

  DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Grant Application - 2014-15 Metropolitan Greenspace Program                                

RECOMMENDED

That:

1.     The information contained in the report on Grant Application - 2014-15 Metropolitan Greenspace Program be received

2.     Council endorse the three projects identified for the ‘Our River – Path, Play and Planning’ Metropolitan Greenspace Program application.

 

 


 

 

 

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

 

2        Sport Facility Grant Program - NSW Office of Sport                                                    

RECOMMENDED

That:

1.     The information contained in the report on Sport Facility Grant Program - NSW Office of Sport be received

2.     Grant applications are submitted for:

-     The installation of four floodlight poles with 100 lux lighting at Myrtle Road Fields, Claremont Meadows and Council commit a $90,000 contribution to the project from the Local Open Space Contributions Plan.

-     The installation of an outdoor health and fitness gym at Callisto Drive, Cranebrook and Council commit a $55,000 contribution funded by Council’s Grants Reserve ($40,000) and Neighbourhood Renewal Program ($15,000).

 

 

Outcome 7 - We have confidence in our Council

 

His Worship the Mayor, Councillor Ross Fowler OAM and Councillor Jim Aitken OAM having previously declared Pecuniary Interests in this item left the meeting, the time being 7:11pm

 

The Deputy Mayor, Councillor Greg Davies took the Chair for consideration of this item, the time being 7:11pm.

 

3        Placement of Council news page                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Placement of Council news page be received.

2.     Council’s weekly news page be placed with the Western Weekender for the next two years.

3.     Council’s quarterly Community Newsletter be placed with the Penrith Gazette/St Marys Star for the next two years as a 8 page middle of the newspaper insert.

 

His Worship the Mayor, Councillor Ross Fowler OAM returned to the meeting and resumed the Chair, the time being 7:25pm.

 

Councillor Jim Aitken OAM returned to the meeting, the time being 7:25pm.

 


 

 

4        Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.     Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     A further report be presented to Council at the conclusion of the exhibition period.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Badgerys Creek Airport - Stationery                                                                     

Councillor Kevin Crameri OAM requested an urgent report to the next Ordinary Council meeting detailing when Council stopped putting the No Airport information on Council stationery and if we can start putting “No 24 Hour Airport at Badgerys Creek” information on stationery again.

 

RR 2           Penrith Lakes Development Corporation - Water Quality                                  

Councillor Kevin Crameri OAM requested a report to Council on what is happening with the Penrith Lakes Development Corporation and future water quality and who will pay.

 

RR 3           Filling of Floodplain                                                                                                 

Councillor Kevin Crameri OAM requested an urgent report on the filling of the floodplain by Lend Lease regarding the central precinct.

 

RR 4           9th Avenue - Local Traffic Committee                                                                  

Councillor Kevin Crameri OAM requested a memo reply advising on what is planned and discussed for 9th Avenue, Llandilo as per LTC Item 16 held on 13 October 2014.

 

Councillor Jim Aitken OAM left the meeting and did not return, the time being 7:38pm.

 

There being no further business the Chairperson declared the meeting closed the time being 7:40pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 October, 2014 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Cost of Childcare Consumables                                                                                        1

 

2        Department of Education - Long Day Care Professional Development Grant Funding Program                                                                                                                                             3

 

 

Outcome 2 - We plan for our future growth

 

3        Development Application DA13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek   Applicant: Allah-Yari Manzoor;  Owner: ~Allah-Yari Manzoor

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

 

4        Development Application DA13/0311 for Residential Flat Building and Townhouses (49 Units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park Applicant: Melham Hazzouri;  Owner: ~Melham Hazzouri

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               36

 

5        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 and Mrs Gosling;  Owner: ~Mr and Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               52

 

6        Development Application DA14/0691 for Attached Dual Occupancy and Strata Subdivision at Lot 354 DP 241114 (No. 5) Ridge Street, South Penrith Applicant: Danny Constructions Pty Ltd;  Owner: ~Mariska P Watkins & Gary V Watkins

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               54

 

7        Badgerys Creek Airport - Stationery                                                                                69

 

 

 

 

 

Outcome 3 - We can get around the City

 

8        Roads to Recovery Funding Allocations 1 July 2014 to 30 June 2019                           74

 

9        Nepean River Green Bridge - Review of Environmental Factors                                   76

 

 

Outcome 4 - We have safe, vibrant places

 

10      Tender Reference 14/15-10 Provision of All Age Health and Fitness Zone at Jamison Park       87

 

Outcome 5 - We care about our environment

 

11      Floodplain Management Association 55th Annual Conference & Second National Conference - 19 to 22 May 2015                                                                                                                 95

 

12      Fire & Rescue NSW - Impact of Fire Station Closures                                                   97

 

13      Tender Reference RFT 14/15-06 Construction of Andrews Road Bioretention System 100

 

 

 

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

 

14      Grant Application – Department of Social Services Housing and Homelessness Service Improvement and Sector Support Funding Program 2014                                           107

 

15      Access Committee - Appointment of Community Members 2014-2016                      110

 

 

Outcome 7 - We have confidence in our Council

 

16      Impact of TAFE cuts and increased TAFE fees                                                            115

 

17      Pecuniary Interest Returns                                                                                             117

 

18      Local Infrastructure Renewal Scheme (LIRS) - Round 3                                              125

 

19      Draft 2013-14 Financial Statements                                                                              127

 

20      Proposal to amend the Council's 2014 Meeting Calendar                                             134

 

21      Summary of Investments & Banking for the period 1 September to 30 September 2014 137

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Cost of Childcare Consumables                                                                                        1

 

2        Department of Education - Long Day Care Professional Development Grant Funding Program                                                                                                                                             3

 

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

 

 

1

Cost of Childcare Consumables   

 

Compiled by:               Jade Bradbury, Children's Services Business Coordinator

Authorised by:            Janet Keegan, Children's Services Manager 

Requested By:            Councillor Greg Davies

 

Outcome

We can work close to home

Strategy

Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities

Service Activity

Deliver high quality children's services

      

 

Executive Summary

The purpose of this report is to advise Council of the ongoing costs of childcare consumable products for the 2013/2014 financial period. Childcare Consumable products include nappies, safety equipment, cleaning equipment, skin care, gloves, wipes, tissues and toilet paper. 

Background

A tender for the provision of Childcare Consumables was advertised in April 2013 with Klenall Industrial Supplies Pty Ltd recommended as the preferred provider at a cost of $123,762.10 per annum. Klenall Industrial Supplies Pty Ltd commenced their contract with Penrith City Council Children’s Services on 15 July 2013 for a period of three (3) years, with an option to extend for a further two (2) by one (1) year periods. There was a phasing in and transition period to the new contract.   

 

Cost of Childcare Consumables for 2013/2014 Period

 

For the 2013/2014 financial period, the cost to Council for the supply of childcare consumables by Klenall Industrial Supplies Pty Ltd was $146,648.81 which was $22,886.72 above the tendered price. This equates to average additional spend at each childcare centre of $953.62 over a 12 month period. The additional spend was not attributable to Klenall Industrial Supplies Pty Ltd increasing their unit rates on products during the 2013/2014 financial period. It is attributable to higher than projected usage rates of consumable products at a number of childcare centres over this period.

 

When the tender document was compiled, the quantities calculated for each centre were approximate values based on historical usage rates and utilisation targets. What the tender document did not capture was incidental costs incurred on a day to day or weekly basis. For example, a number of childcare centres had outbreaks of influenza and other health issues which necessitated greater use of consumable products than would ordinarily have been the case. Whilst the childcare centres have robust policies and practices in place to prevent the spread of infection, it is fair to say that childcare centres are not immune from these when they are rife in the local community. 

 

The table below indicates consumable costs prior to the tender period and the first (contract with Abcoe from February 2010) and current (contract with Klenall from August 2013) tender periods. Since the establishment of the childcare consumable contract, the time spent by centre staff shopping for these products is negligible and only occurs in emergency situations. Centres continue to purchase products outside the scope of the consumable contract (e.g. catering, craft, party supplies) with other companies (such as Abcoe).  

 

The table below indicates the costs Council incurred for childcare consumables before the contract was entered into with Abcoe, the three years of the contract with Abcoe, and the first year of the contract with Klenall.

 

 

 

 

 

 

 

 

Activity

Before Contract

Abcoe Contract from Feb 2010

 

Contract Period

Contract Period

Klenall Contract from Aug 2013

 

2008/09

2009/10

 

2011/12

2012/13

2013/14

 

 

 

 

 

 

 

CONSUMABLES ONLY

 

 

 

 

 

 

Nappies

84,228.77

91,617.15

 

82,044.68

85,145.79

60,204.37

First Aid

3,547.29

9,427.98

 

3,565.21

5,148.57

5,696.57

Cleaning Products

91,929.82

99,504.38

 

105,742.77

102,125.00

80,747.87

CONSUMABLES ONLY TOTAL

179,705.88

200,549.51

 

191,352.66

192,419.36

146,648.81

 

Conclusion

The contract for childcare consumable products is $123,762.10 annually. This is based on the unit cost of products and projected usage by the childcare facilities. For the period 2013/2014 the annual contract amount was exceeded due to greater than projected orders of consumables by the childcare facilities. A major contributing factor to this was outbreaks of influenza and other health issues needing careful management by the childcare centres. An initial review was conducted with Klenall Industrial Supplies in November 2013 with a further review currently taking place. Staff in Council’s childcare centres have an opportunity to provide input into the reviews by responding to questions like how satisfied they are with quality of products, deliveries and customer service. The outcome of the current review will be reported to the Penrith City Children’s Services Cooperative which manages Children’s Services on Council’s behalf. Operationally, the company is currently meeting the requirements specified in the contract for the provision of consumables to childcare centres.

 

 

RECOMMENDATION

That the information contained in the report on Cost of Childcare Consumables be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             27 October 2014

 

 

 

2

Department of Education - Long Day Care Professional Development Grant Funding Program   

 

Compiled by:               Marlene Cauchi, Management Accountant - Children's Services

Authorised by:            Janet Keegan, Children's Services Manager  

 

Outcome

We can work close to home

Strategy

Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities

Service Activity

Deliver high quality children's services

      

 

Executive Summary

The purpose of this report is to advise Council of the grant offered by the Department of Education under the Long Day Care Professional Development Program. The report recommends that Council accept the grant as outlined in the report.

Background

In December 2013, the Australian Government announced its commitment to the professional development for child care and early learning educators in Long Day Care (LDC).  To fund this initiative, funding from the Early Years Quality Fund was redirected to a new Professional Development Program.

 

It is intended that the new Long Day Care Professional Development Program (LDCPDP) will provide Long Day Care educators with assistance to meet the qualification requirements under the National Quality Framework (NQF) and to improve practice to deliver quality outcomes for children. The key objectives of the program are quality and equity. The Australian Government envisages that all Long Day Care services and all Long Day Care Educators will benefit from high quality training and development opportunities that contribute to improved early learning experiences and outcomes for children in the years before they commence formal schooling.

 

Current Situation

Applications for funding under the Long Day Care Professional Development Program closed on 13 June 2014. Children’s Services submitted an application for eighteen (18) Long Day Care services. The application lodged with the funding body was based on 180.6 full-time equivalent educators and 32.6 full-time equivalent early childhood teachers.

 

Penrith City Council was advised that it had been successful in securing funding of $609,357.54 under the Long Day Care Professional Development Program on 25 September 2014.  Under the terms of the funding agreement, funding will be received in the form of three milestone payments as below: 

 

1.   $205,391.65 after the letter of offer has been signed and received by the Department of Education 

2.   $205,391.65 in June 2015, subject to successful submission of Progress Report 1

3.   $198,574.24 in June 2016, subject to successful submission of Progress Report 2

The funding period for the Long Day Care Professional Development Program commences from the date when the funding agreement is signed until the end date of the funding agreement being 30 June 2017.   

 

Funding received under the Long Day Care Professional Development Program may be used by Children’s Services for the purposes of:

 

·    assisting staff to meet the costs of gaining approved/relevant qualifications

·    costs associated with backfilling staff who are absent to attend a professional development activity which is part of the educator’s professional development plan

·    providing specific training, such as an on-site course

·    purchasing minor capital equipment up to a total of $3,000 per service, such as information technology equipment for the service that will assist staff to upgrade qualifications or that can be demonstrated as an essential requirement for professional development purposes and/or facilitates access to online courses or training

·    purchasing materials such as academic journals, teaching packs, or minor resources

·    transport/accommodation costs related to attendance at professional development training/activities

·    attending industry conferences with a professional development focus.

 

Financial Services Manager’s Comments

The funding offered by the Department of Education will greatly support Children Services in enabling Long Day Care educators to meet the qualification requirements under the National Quality Framework and deliver quality outcomes for children.  Funding will commence after the letter of offer is signed, with three instalment payments to be made, with the final payment due on the 30 June 2017. No matching funding is required by Council.

 

Conclusion

The grant funding from the Department of Education under the Long Day Care Professional Development program will be of great assistance in recruiting, retaining and developing a skilled children’s services workforce, competent to continue to deliver high quality services to the Penrith community. Board Directors of the Penrith City Children’s Services Cooperative which manages Council’s long day care services have been advised of the funding offer and will have the opportunity for further input into the planning for expenditure in accordance with the funding criteria.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Department of Education - Long Day Care Professional Development Grant Funding Program be received.

2.    Council accept the grant offered by the Department of Education, the total being $609,357.54, as outlined in the report.

3.    Council write to the Department of Education and the Federal Member for Lindsay, Ms Fiona Scott MP thanking them for the funding support.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

3        Development Application DA13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek  Applicant: Allah-Yari Manzoor;  Owner: ~Allah-Yari Manzoor

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

 

4        Development Application DA13/0311 for Residential Flat Building and Townhouses (49 Units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park Applicant: Melham Hazzouri;  Owner: ~Melham Hazzouri

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               36

 

5        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 and Mrs Gosling;  Owner: ~Mr and Mrs Gosling

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               52

 

6        Development Application DA14/0691 for Attached Dual Occupancy and Strata Subdivision at Lot 354 DP 241114 (No. 5) Ridge Street, South Penrith Applicant: Danny Constructions Pty Ltd;  Owner: ~Mariska P Watkins & Gary V Watkins

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               54

 

7        Badgerys Creek Airport - Stationery                                                                                69

 

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

 

 

3

Development Application DA13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek  Applicant:  Allah-Yari Manzoor;  Owner:  Allah-Yari Manzoor   

 

Compiled by:               Gurvinder Singh, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

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 use of the subject site as a Place of Public Worship. An existing larger shed is proposed to be converted into a prayer hall with ancillary rooms, a smaller shed for storage and a cottage as caretaker’s residence.

 

Pursuant to Penrith LEP 2010 the majority of the site is zoned RU4 – Primary Production Small Lots and partly zoned E2 – Environmental Conservation. Places of public worship are permissible in the RU4 zone. The Development Application was placed on public exhibition from 13 January 2014 to 12 February 2014. Two submissions from nearby residents were received during the exhibition period. The concerns raised in those submissions are addressed in this report.

 

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

 

·        Access to the site

·        Parking and traffic

·        Land contamination

·        Noise impacts

·        Privacy impacts

·        On site sewage management

·        Stormwater quality and treatment

 

Concurrence to the proposed development has been received from NSW Roads and Maritime Services (RMS) subject to certain requirements being met. These requirements are discussed in this report under the heading of State Environmental Planning Policy (SEPP) (Infrastructure) 2007. NSW Office of Water has provided General Terms of Approval. Council’s Engineering, Traffic, Health and Environment Sections have been consulted and these sections have recommended conditions of consent which are included in this report.

 

The proposed development is in accordance with the provisions of the relevant Environmental Planning Instruments and Development Control Plan. The site is suitable for the proposed development. This report recommends that consent be granted to the proposed development subject to standard and special conditions.

Background

Development Consent (DA10/0402) was granted by the NSW Land and Environment Court for a rural industry at the subject site on 29 July 2011, however that use of the packing and transport of rural produce has not continued.

 

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

 

Site and Surrounds

The site is located to the southwest of Mamre Road around 750m west of its intersection with Elizabeth Drive, Kemps Creek. The site is irregular in shape and it has an area of 3.07 hectares. The site is currently occupied by buildings including a large (around 500m2) metal shed, a smaller (around 180m2) metal shed and a brick cottage. The sheds are located near the southern boundary of the site. The larger shed is located around 150m from  Mamre Road, the smaller shed around 90m from Mamre Road and the caretaker’s cottage around 60m from Mamre Road, Kemps Creek.

 

A dam is located at the north-east corner of the site and a creek is located on the south-west boundary of the site. A 70m wide electricity transmission line easement is located to the south-west section of the site. The site is partly bushfire prone as dense vegetation is located to the farthest south-west section of the site. The site has an existing hard stand area for parking.

 

The surrounding area is mainly rural residential with dwellings located on the neighbouring properties to the north, south and east of the site across Mamre Road. (Refer to Appendix No. 1 for Locality Plan).

 

The Proposed Development

The proposed development involves the following:

 

1.       Alterations and additions to an existing larger metal shed to be used as a place of worship. This shed is proposed to be converted into a worship hall with ancillary rooms including meeting rooms, offices, kitchen and amenities. The smaller shed is proposed to be used for storage and the cottage is proposed to be used as a caretaker’s residence. The upgrade to the larger shed will involve installation of timber stud walls with plasterboard lining to the walls and ceiling with thermal insulation in the cavities.

 

2.       On site car parking is proposed to be provided by extending the existing hardstand area located to the north of the existing sheds to cater for up to 211 vehicles.

 

3.       The timetable and maximum number of people attending is proposed as follows:

 

 

 

Day / Event

Occurrence

Time

Maximum No. of people attending

Monday to Wednesday

Weekly

10.00am - 01.00pm

20

 

Thursday

Weekly

07.30pm - 09.30pm

50

 

Friday

Weekly

12 noon - 02.00pm

100

 

Saturday

Weekly

07.30pm - 09.30pm

120

 

Sunday

Weekly

10.00am – 01.00pm

80

 

Muharram (religious event)

10 days in a year

07.30pm - 10.30pm

200

 

Ramadan (religious event)

30 days in a year

07.30pm - 09.30pm

200

 

 

 

There will be three ‘special day events’ each year. The ’special day events’ can fall on any day, depending upon the lunar calendar. They normally attract a maximum number of worshippers and the events are held in the mornings between 7.30am and 11.30am. On the weekend there could be up to 500 people attending a ’special day’ service. When a ’special day event’ falls on a weekday, which is not a public holiday, attendance is expected to be lower than 500.

 

 

1.   Special Day / Event

2.   Time

3.   Maximum no. of people attending on weekends

4.   Maximum no. of people attending on weekdays

The last day of Muharram

07.30am - 11.30am

250

100

 

The last day of Ramadan

07.30am - 11.30am

250

100

 

The celebration day of Adha

07.30am - 11.30am

500

200

 

 

 

4.         Landscaping is proposed along the front and side boundaries and within the proposed car parking areas. The landscaping will include a mix of native trees, shrubs and ground covers. The existing dam at the north east corner of the site is proposed to have a child proof fence around it.

 

The Development Application was accompanied by the following documents:

a)   Statement of Environmental Effects

b)   Survey Plan

c)   Site plan, Floor Plans and Elevations

d)   Landscape Plan

e)   Civil Engineering Plans

f)    Flora And Fauna Report

g)   Bushfire Report

h)   Traffic Report

i)    Acoustic Report

j)    Contamination Report

k)   On site Sewerage Management Report

l)    Waste Management Plan

 

(Refer to Appendix No. 2 to 5 for copies of the site plan, floor plans and elevations).

 

Planning Assessment

The proposed development has been assessed in accordance with the matters for consideration under Section 91 and Section 79C of the Environmental Planning and Assessment Act 1979 and having regard to those matters the following issues have been identified for further consideration:

Section 91 – Integrated Development  

 

The proposed development is an Integrated Development under Section 91 of the Environmental Planning and Assessment Act 1979. Approval was sought from NSW Office of Water under the Water Management Act 2000 (controlled activity approval to undertake works within 40m of a watercourse).

 

NSW Office of Water has assessed the proposed development and raised no objections subject to General Terms of Approval (GTAs). Refer to Appendix 6 for a copy of the GTAs.

 

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

 

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

 

Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River (SREP) applies to the subject land. The proposal is unlikely to result in any impacts on the river environment as it will not compromise the water or scenic qualities of the river, given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

 

A model for Urban Stormwater Improvement and Conceptualisation (MUSIC) was submitted to inform the stormwater treatment and Water Sensitive Urban Design (WSUD) Strategy for the development site. The parameters used in the MUSIC model are broadly within the expected range and the results indicate that the proposed designs meet Council's stormwater quality requirements.

 

The Road and Drainage Works Plans indicate two 15,000L underground tanks for roof water harvesting. The development proposes to meet 80% of non-potable demand through harvesting rainwater in line with Council's WSUD Policy and DCP 2010.

 

The onsite effluent management system has been assessed to be satisfactory and will be unlikely to impact on the adjoining creek.

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

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

 

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

The Development Application was accompanied by a ‘Preliminary Stage 2 Environmental Assessment’ prepared by Environmental Investigation Services. This assessment concluded that asbestos fibre cement fragments were found on the site that posed a potential risk to people exposed to such fragments. The assessment found that the site was not suitable for the proposed use, although it could be made suitable through the engagement of a suitable contractor to inspect and remove and dispose of the fibre cement fragments and by arranging for a clearance inspection to be undertaken. An Unexpected Finds Protocol should be developed to address any additional asbestos fragments found.

 

The applicant was advised of the above matters who later advised that the asbestos was removed from the site by a licensed contractor. A Clearance Certificate for asbestos removal works was provided to Council. An Unexpected Finds Protocol was submitted to address any asbestos that may be identified as the development proceeds. Information was provided by the applicant’s environmental consultant, which provided advice on the outcomes of the asbestos removal work.  The consultant stated that the site is suitable for the proposed use.

Council’s Environment Section has reviewed the above documents and they have raised no objections to the proposed development subject to conditions of consent.

 

The requirements of SEPP 55 have therefore been satisfied.

State Environmental Planning Policy (SEPP) (Infrastructure) 2007

 

Clause 104 - Traffic-generating development of SEPP (Infrastructure) requires that a place of public worship having capacity for 200 or more vehicles is classified as traffic generating activity to be referred to the Roads and Maritime Services (RMS). Council sought concurrence from the RMS under Clause 104. This concurrence was received with the following comments made by the RMS:

 

1.       The access off Mamre Road is to be modified to provide a combined auxiliary lane right turn treatment (AUR) and auxiliary lane left turn treatment (AUL).The design and construction of the AUR and AUL treatments on Mamre Road shall be in accordance with Australian Standards and RMS’s requirements. Details of these requirements should be obtained from RMS. Detailed design plans of the proposed works are to be submitted to RMS for approval prior to the commencement of any road works.

 

2.       All construction activities associated with the proposed development are to be contained on site as no construction zones will be permitted on Mamre Road in the vicinity of the site.

 

3.       A Road Occupancy License should be obtained for any works that may impact on traffic flows on Mamre Road during construction activities.

 

4.       A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for determination prior to the issue of a construction certificate.

 

5.       The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

 

6.       The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1- 2004.

 

7.       All works/regulatory signposting associated with the proposed development are to be at no cost to the RMS.

 

8.        All vehicles are to enter and leave the site in a forward direction.

 

The above comments are recommended to be included in a condition of consent (See Special Condition No. 2.27).

 

SEPP (Infrastructure) 2007 is therefore satisfied.

 

Penrith Local Environmental Plan (LEP) 2010

 

Penrith Local Environmental Plan 2010 applies to the site. The majority of the site is zoned RU4 - Primary Production Small Lots. A small portion at the rear of the site is zoned as E2 - Environmental Conservation. The proposed development is located on RU4 zoned land and places of public worship are permissible in the zone with Council’s consent.

Place of public worship means;

a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.”

Objectives of Zone RU4 Primary Production Small Lots

·        To enable sustainable primary industry and other compatible land uses.

·        To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

·        To minimise conflict between land uses within this zone and land uses within adjoining zones.

·        To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.

·        To preserve and improve natural resources through appropriate land management practices.

 

The proposed development provides for a place of public worship which will be compatible with the environmental capabilities of the land. The proposed use will not adversely impact the surrounding rural residential environment. The likely impacts of the development relating to noise, traffic and character of the area are addressed in a further section of this report. The proposed use is consistent with the objectives of the zone.

 

Clause 4.3 – Height of buildings

 

The maximum building height for the subject site is not stipulated under this clause. However, the heights of the existing buildings are not proposed to be increased. These heights are compatible with other existing buildings in the locality.

 

Clause 6.5 - Protection of scenic character and landscape values

 

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

 

The proposed development has been designed to a scale that is sympathetic to the subject site and surrounding development. The building to be used as a place of worship will fit in the existing rural residential area and it will have minimal visual impact as it is located around 150m from Mamre Road, Kemps Creek. Landscaping in the form of trees has been proposed in the front and side setback areas and the proposed development will have little impact on any vistas along Mamre Road. There are no heritage items located in the vicinity of the site. The proposed development will protect the existing character and landscape values of the site.

 

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

 

Draft Penrith Local Environmental Plan 2010 Stage 2 applies. The site is zoned RU4 – Primary Production Small Lots under this Draft Plan. Places of Public Worship are permissible in the proposed zone with Council’s consent.

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

 

Penrith Development Control Plan (DCP) 2010

 

An assessment of the proposed development against the relevant controls of DCP 2010 has been undertaken and is attached at Appendix 7. Discussion on some controls is provided below:

 

·        Crime Prevention Through Environmental Design

 

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

 

The proposed development provides opportunities for natural surveillance to access points and car parking areas from the entrance to the buildings and other open areas in the facade of the buildings.  In order to ensure that a safe environment is provided, conditions are recommended to be imposed to enhance the safety and security of all users of the development and to minimise the crime risk associated with the development. These conditions relate to matters such as securing the premises, landscape design and provision of lighting (See condition number 2.31).

 

·        Waste Management

The development application is accompanied by a Waste Management Plan (WMP). The WMP has adequately addressed management of waste generated during alterations and additions to the existing buildings and the ongoing use by the proposed place of worship. Waste materials from construction will be placed in recycle bins and then taken away to a disposal facility by a licensed recycle contractor. During operational phase of the development limited waste is expected to be generated, which will be collected by a suitable contractor.

 

·        Onsite Sewage Management System (OSSM)

 

The Development Application is accompanied by an ‘On Site Wastewater Assessment’ prepared by Harris Environmental Consulting. The following are main points regarding OSSM:

 

·        The waste water treatment and disposal system is designed for a normal week, followed by a peak 12 day period. In a normal week, 7.5KL of wastewater will be generated. In a peak 12 day period, 7.5KL of wastewater is generated per day.

 

·        A 100,000L balancing tank will be used with flow metering to allow the peak load to be held back and treated over a 25 day period after the peak event is over. The balancing tank will discharge 3.2KL of wastewater/day to the Ultra Clear Aerated Wastewater Treatment System Model CT25.

 

·        The treated wastewater will be discharged to 4 x 2.65m wide 20m long soil absorption beds.

 

·        Heavy clay subsoil is found at a depth of 600mm which is not suitable for soil absorption beds, so a raised soil absorption bed will be used to mitigate this limitation.

 

·        Stormwater diversion bank is to be constructed to exclude stormwater runoff.

 

·        Appropriate signage and fence to exclude visitors, vehicles and livestock will be constructed around absorption area.

 

·        New amenities are to be fitted with water saving devices to reduce the volume of wastewater generated.

 

Council’s Environment Section has assessed the proposed OSSM and they are satisfied with the proposal subject to conditions of consent relating to the above details (See Special Condition No 2.32 to 2.43).

 

·        Parking

 

Penrith DCP 2010 requires 1 car space per 3.5 seats or 1 car space per 3.5m² of gross floor area, whichever is the greater for a place of public worship.

 

The maximum numbers of people attending the place of public worship are proposed to be 500. Based upon 1 car space per 3.5 seats, 143 car spaces are required. 211 car spaces including 166 formal parking spaces and 45 overspill spaces are proposed on site which is satisfactory against the above requirement.

 

The floor areas of various uses within the proposed development are as follows:

 

·        Worship Hall                           758m2

·        Toilets                                     106m2

·        Meeting rooms                       386m2

·        Kitchen                                   38m2

·        Offices                                    76m2

·        Body wash                              20m2

·        Circulation areas                    311m2

 

The applicant has contended that meeting rooms, offices, circulation areas and body wash are unlikely to be used when prayers are underway and that the floor area of worship hall shall only be used for calculation of car parking.

 

As the DCP control on car parking relates to number of seats or gross floor area, the control is interpreted to include that area only where worship takes place. 758m 2of worship hall requires 217 car spaces based upon 1 car space per 3.5m² of gross floor area. 211 car spaces are proposed which are 6 spaces short of the above requirement.

 

If all uses within the proposed development are simultaneously occupied the following car parking will result:

 

Use

Area (m2)

Car parking rate

No. of car spaces required

Worship Hall

758

1 per 3.5m2

216.6

Meeting rooms

386

1 per 40m2

9.6

Offices

76

1 per 40m2

1.9

Kitchen

38

1 per 40m2

0.95

Circulation areas and body wash

331

1 per 40m2

8.3

Toilets

106

1 per 40m2

2.6

Caretaker’s cottage

N/A

2 per 3 bedrooms

2

Total

 

 

242

 

 

The DCP provides that Council has the discretion to waive or reduce the minimum number of car spaces required for a particular site if the reduced provision can be justified in a Traffic Impact Statement, in terms of:

 

·        Proximity to public transport nodes;

·        Opportunity to share parking with another use; or

·        An empirical assessment of car parking.

 

A Traffic Impact Assessment prepared by Rod Tudge Associates was submitted with the application.

 

The applicant has argued that they have undertaken surveys in the past at Earlwood and Annangrove Prayer Halls and found in both cases car occupancy of over 3 people, a reflection of the family attendance at the prayer halls, especially for special events. The proposed facility is designed with 166 spaces for an attendance of 500 people, (using car occupancy rate of 3) on the hard stand to cater for all events. A further 45 spaces are provided as overflow parking on the grass. If more parking is required there can be an extension of the hard stand at the western end of the existing hard stand or alternatively an extension onto the grass in that location. There are other buildings on the site to be used as meeting or lecture rooms for religious instruction equivalent to Sunday school in the Christian faith. Those rooms will not be used in parallel with the main Prayer Hall for special services, but rather at other times as indicated in the forecast attendance rates.’

 

The table below shows car parking demand and availability during various days:

 

Day

Attendance

Car Spaces Available

Overspill Parking Available

Demand

Spare Capacity

Wednesday

20

166

45

14

197

 

Friday

50

166

45

34

177

 

Saturday

120

166

45

80

131

 

10 days of Muharram,

200

166

45

134

77

 

30 days of Ramadan

200

166

45

134

77

 

Special Weekday

200

166

45

134

77

Special Weekend day

500

166

45

167

44

 

 

The above table shows that adequate parking will be available for all occasions.

 

Comment:

 

If all different components of the buildings including worship hall, meeting rooms, offices, body wash, lecture rooms and caretaker’s cottage are used concurrently, DCP 2010 will requires 242 car spaces. The applicant contends that during use of the main prayer hall other components of the buildings will not be used. Practically that could be the case; however, the site has capacity for additional overflow parking. A condition of consent is recommended to be imposed that space for an additional 31 car spaces be allocated on site as overflow parking on grass.

 

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

 

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

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

 

Noise

 

The applicant has submitted a ‘Noise Impact Assessment’ prepared by SLR Consulting Australia Pty Ltd. This assessment has examined potential noise emissions generated by the proposed development including noise emissions from operations of the Prayer Hall, meeting rooms, car park and mechanical plant. The NSW Environment Protection Authority (EPA) Industrial Noise Policy (INP) has been used as a basis for the assessment of operational noise emissions. The report provides an acoustic assessment of the following noise sources against the applicable guidelines as follows:

 

‘a)      Breakout noise from the prayer hall and classroom areas

 

The facility is principally intended to provide a venue for community religious meetings and educational programmes and is not intended for music rehearsal or presentation. Similarly, during scheduled prayer times there will be no musical accompaniment. Predictions have been based upon archival data of the typical range of sound pressure levels measured during religious worship. The assumptions are as follows:

 

·        Peak usage on a Saturday evening with a maximum attendance of 500 people

·        A single speaker addressing the congregation using a sound reinforcement system to achieve internal reverberant noise levels between 72 dBA and 76 dBA.

·        Half of the members could be engaged in simultaneous conversation at any one time before or after prayers

·        All doors and windows are closed during prayers.

 

The nearest noise sensitive receiver to the proposed development is located approximately 85 metres to the south. The predicted noise levels comply with the evening noise criterion. Any breakout noise from the meeting rooms and offices would be well below that from the Prayer Hall and would also comply with the evening noise criterion.

 

b)      Noise from the car park (ie car door slams, slow moving vehicular traffic, etc)

 

There is potential for the noise generated by activity within the car park to impact upon nearby residences, particularly when vehicles depart the premises in the evening or night period. For the two days following Ramadan, the Prayer Hall will be open for morning prayers from 8:00 am; however, vehicles will only start arriving from 7:30 am which is during the INP defined day period. The Prayer Hall will cease operations and the facility will close before 10:00 pm. The noise levels generated by car park activities are variable. Acoustic modelling of the car park noise emissions has been undertaken. The Parking Area Noise prediction methodology utilises an average noise level that is representative of one complete vehicle movement in one hour for normal parking motions (ie entering the car park, searching for a car parking space, open and closing car doors, re-starting the engine and exiting the car park).

 

The predicted noise levels from car park operations at the proposed place of worship comply with the applicable noise criteria. It is also noted that the time at which the maximum car park usage occurs is unlikely to cause disturbance in terms of intrusion to normal residential activities. Furthermore, the noise source itself is not out of character with the existing noise environment, the events are not of a continuous nature and are likely to occur only over a short duration.

 

c)      Mechanical plant servicing the building and amenities areas.

 

Precise details of the mechanical plant to be installed on site have not been provided at this stage. Due to the variety of plant items available, it is not practical to specify acoustic requirements for individual units where no equipment has been selected. The exact requirements for the air-conditioning systems depend on the design, operational periods and location. In general, the noise emission of mechanical plant associated with the development should be controlled so that the operation of such plant does not adversely impact nearby residential receivers. It is envisaged that the mechanical plant noise sources will be controllable by common engineering methods that may consist of:

 

·        Location

·        Barriers

·        Silencers

·        Acoustically lined ductwork

 

The selected mechanical equipment should be reviewed and assessed for conformance with established criteria at the detailed design stage of the project when specific plant selection is finalised. Appropriate noise control measures can then be determined that takes into account the cumulative noise emissions from all site noise sources.’

 

Council’s Environment Section has reviewed the Noise Impact Report and raised the following matters:

 

·        The assessment of the hall operation was based on a single speaker addressing the congregation of up to 500 people, with half of the members participating in simultaneous conversation. It needs to be confirmed that this is what is involved in a service at the hall.  For example, it is suggested that musical accompaniment will not be used.

 

·        The assessment needs to address the NSW Road Noise Policy as the development is considered a traffic generating development.

 

The applicant provided additional information regarding the above matters and advised that there will be a single speaker for certain meetings and the prayer activity will generally be a lot of murmuring and not anything else. Music accompaniment will not be used.

 

An assessment under the NSW Road Noise Policy was provided by the applicant who concluded that the noise criteria under that policy will not be exceeded. Council’s Environment Section has assessed the additional information submitted by the applicant and they are satisfied with the proposal subject to the recommendations provided in the acoustic report to be implemented and incorporated into the design and construction of the development. A certificate is to be obtained from a qualified acoustic consultant certifying that the building has been constructed to meet the noise criteria in accordance with the approved acoustic report. This certificate is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate. (See Special Condition No. 2.8).

 

A standard condition (D014) is recommended to be imposed that requires the operating noise level of plant and equipment to not exceed 5dB(A) above the background noise level when measured at the boundaries of the premises. This condition will regulate noise from any mechanical equipment.

 

Access and Traffic

 

This matter has been addressed under the heading ‘State Environmental Planning Policy (SEPP) (Infrastructure) 2007’ in a previous section of this report.

 

Social and Economic Impact

 

The proposed development would provide a place of worship for the local and wider community.

 

 

Accessibility

 

The application has not been accompanied by an Access Report. The key access issues relating to the proposed development include compliance with the following:

 

·        The access provisions of the BCA

·        The Access to Premises Standard

·        AS 1428 suite of Standards

·        AS 2890.6 for car parking

 

A condition (Special Condition No. 2.29) is recommended to be imposed that the proposed development complies with the above documents.

 

Bushfire

 

The property is partly bushfire prone. The proposed development shall meet the requirements of Planning for Bush Fire Protection - 2006 and of the construction requirements of AS3959 - 2009. A Bushfire Hazard Assessment Report prepared by Building Code and Bushfire Hazard Assessment Pty Ltd has accompanied the DA. This report has made an assessment of bushfire hazard on a site-specific basis that includes an assessment of the local bush land area and its possible impact on the subject property. Although the proposal does not represent a Special Fire Protection purpose requiring an Integrated Approval from the Rural Fire Service, it has been assessed to this standard. The report cites as follows:

 

‘The bushfire hazard was located to the north, south and west of the proposed Worship Hall. The vegetation posing a hazard was determined to be Grassland to the north and south and Woodland to the west. The minimum required Asset Protection Zones for new Special Fire Protection Purpose development was determined to be 10 metres to the north and south and 40 metres to the west. The proposed development satisfies the Asset Protection Zone requirements.

 

The highest Bushfire Attack Level to the proposed Worship Hall, Caretakers Residence and

Meeting Rooms/Office was determined to be ’BAL 12.5’. A reasonable and satisfactory level of bushfire protection to the subject development can be achieved.’

 

Council’s Building Section has reviewed the bushfire report and they are satisfied with the report subject to the recommended condition of consent (See Special Condition No. 2.31).

 

Flora and Fauna

 

A Flora and Fauna Report prepared by Ambrose Ecological Services Pty Ltd has accompanied the DA. The site is identified as containing River Flat Eucalypt Forest (RFEF) and Cumberland Plain Woodland (CPW). These are both listed under the Threatened Species Conservation Act 1995 (TSC Act). CPW is also listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. No threatened fauna species were found on the site. The report was in response the 7 part test of the Environmental Planning and Assessment Act.

 

Section 5A of the EP&A Act lists the factors to be taken into consideration in assessing a development application in deciding whether there is likely to be a significant effect on a threatened species or population, endangered ecological community, or their habitats (the seven-part test). If a significant impact is likely to occur then a Species Impact Statement (SIS) must be prepared in accordance with Division 2 of Part 6 of the TSC Act. An SIS provides a more detailed assessment of threatened biota issues and proposes measures to manage and mitigate adverse impacts on the threatened species, populations or ecological communities, or their habitats, resulting from the proposal.

 

The report has examined the factors, the likely impacts of the proposed development on threatened flora and fauna species and populations, threatened ecological communities, and their habitats. Up to three CPW Trees (Forest Red Gums) are proposed to be removed from the existing garden as a result of the proposed upgrade of the access road from Mamre Road to the car parking area. This impact will be offset by the proposed planting of 21 CPW trees elsewhere on the subject site. Therefore, the proposed development would not adversely impact on the status of threatened ecological communities. The grove of Casuarinas in the north east corner around the pond are all proposed for retention, as is all vegetation in the E2 zone and all vegetation within 40m of the creek.

 

The report includes a seven part test of significance which concluded that the proposed development would not significantly impact on the status of Cumberland Plain Woodland. Therefore, a Species Impact Statement is not required.

 

The above report has been reviewed by Council’s Senior Biodiversity Officer who has raised no objection to the application subject to the recommended condition of consent (See Special Condition No. 2.16).

 

 

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

 

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

 

·        The site is well located with regard to its connectivity to major transport infrastructure including M4 and M7 Motorways.

·        The site is well located in the context of the local and regional community with regard to providing opportunities for worship.

·        The subject site is located within an established rural residential area that is zoned to allow the proposed use of the site.

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

·        The site was used as for a rural industry for packing and distribution of produce. A hardstand area already exists on site. The proposed use will not result in a significant site change as compared to the previous use.

 

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

 

Community Consultation

 

In accordance with Penrith Development Control Plan 2010, the proposed development was notified to nearby and adjoining residents/owners and advertised in local newspapers with submissions invited from 13 January 2014 to 12 February 2014. Two submissions from nearby residents were received during the exhibition period. The concerns raised in those submissions are addressed below:

 

a)         Traffic Impacts – Mamre Road’s current speed limit passing these premises is going to be 80km/h and there have been many motor vehicle accidents (some fatal) in the past between Kerrs Road and Elizabeth Drive.

 

 

Comment:

 

The RMS has required the access off Mamre Road to be modified to provide a combined auxiliary lane right turn treatment (AUR) and auxiliary lane left turn treatment (AUL). This will mitigate the concerns raised above.

 

See Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument - State Environmental Planning Policy (SEPP) (Infrastructure) 2007.

 

b)        Noise Impacts – Excessive loud noise and slamming of car doors.

 

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

 

c)         Privacy, height and colour of the buildings - As this is rural farming land, the concern is whether the colour of the side elevations and roof of the building blend with the current surroundings and will the landscaping/buffering be sufficient to hide this industrial looking building. This building is going to be visible to me from my house and it is going to be visible to all people who will be attending this place of worship, so I will lose my privacy.

 

             Comment:

 

Landscaping in the form of trees have been proposed near the northern and southern boundaries of the site. This landscaping will mitigate any privacy impacts that the proposed use may have on the neighbouring properties. The applicant has advised that the colour of the building will be mainly sandy beige colour, which will blend into the surroundings. The height of the building is not proposed to be increased. The southern main facade of the building is proposed to be modified so that it looks like a place of worship.

 

Referrals

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

 

Referral

Comments

Building Surveyor

No objection, subject to conditions.

Development Engineer

No objection, subject to conditions.

Environmental Officer

No objection, subject to conditions.

Environmental Officer (Waterways)

No objection, subject to conditions.

Environmental Officer (Biodiversity)

No objection, subject to conditions.

Environmental Health Officer

No objection, subject to conditions.

Traffic Engineer

No objection, subject to conditions.

 


External Referral Comments

 

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

 

Referrals

Comments

NSW Roads and Traffic Authority

Concurrence has been provided subject to certain requirements being met.

NSW Office of Water

General Terms of Approval have been issued.

 

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

 

The proposed development is permissible in the RU4 - Primary Production Small Lots zone under Penrith Local Environmental Plan 2010 and it meets the aims and objectives of the relevant environmental planning instruments. Council’s Community Development Department was consulted regarding community need for the proposed development. Their response is as follows:

 

‘There is currently no mosque or place of worship for Islamic groups in Penrith LGA, the closest is a mosque in Mt Druitt. The public finds it difficult not having access locally.

 

People from Afghanistan are one of the top five emerging migrant groups in Penrith LGA and are predominantly of Hazara and of Muslim faith.

 

The largest language group settling in Penrith over the past 8 years is Arabic speaking people from Iran, Iraq, Sudan and Afghanistan. Iranian, Iraqi and Afghan people are predominantly Islamic. In Penrith LGA Islam is a growing religion.

 

Settlement Services International (SSI) who are contracted by the Department of Immigration and Border Protection to provide immediate settlement support to Humanitarian entrants currently refer newly arrived Humanitarian entrants to both Penrith and Blue Mountains LGA’s as they are part of the designated settlement areas. Recently Council’s Multicultural Liaison Officer was asked to present information to a group of Syrian, Iraqi and Iranian humanitarian entrants on the benefits of settling further west as suburbs closer to Sydney like Fairfield, Auburn and Blacktown do not have affordable housing available. Local settlement services will be working closely to manage this settlement process as numbers and need grows for people to settle further and further west.’

 

The proposed place of worship will serve the needs of the public. Employment opportunities will be increased during the construction and operation of the place of worship. Subject to the recommended conditions, the proposed development is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

 

 

Conclusion

 

The proposed place of worship has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.  It is consistent with the requirements of the relevant planning instruments and development control plan and is a permissible land use in the RU4 - Primary Production Small Lots zone under Penrith Local Environmental Plan 2010. Concurrence has been provided by NSW Roads and Maritime Service for the proposed development subject to certain requirements being met. These requirements have been recommended to be imposed as conditions of consent. NSW Office of Water has provided General Terms of Approval.

 

NSW Roads and Maritime Service and Council’s Traffic and Environment Sections have reviewed this matter and advised that the proposed development will not result in unacceptable impacts on the rural residential area.

 

There is currently no place of worship for Islamic groups in Penrith LGA. The largest language group settling in Penrith over the past 8 years is Arabic speaking people. There is an established need for a place of public worship for the public.

 

The site is suitable for the proposed development. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek be received.

2.    The Development Application be granted consent subject to the following conditions:

 

GENERAL

 

Standard Conditions

            A001           Approved plans

            A008           Works to BCA requirements

                                      A019           Occupation Certificate

A026                    Advertising sign

A032                    Goods must be stored within buildings

A039                    Graffiti removal

A041                    Construction in bushfire areas

A046           Obtain Construction Certificate before commencement of                    works

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

B003           Asbestos disposal

B006          Hours of work

D001          Implement approved sediment and erosion control     measures

D002          Spray grass of finished earth to achieve grass cover

D005                    No filling without prior approval

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E001A        BCA compliance (Class 2-9)

E005                    Smoke detectors

E006                    Disabled access and facilities

E008                    Fire safety list with construction certificate

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

H001                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of                     construction works

H006                    Implementation of waste management plan

H011                    Engineering plans and specifications

H024                    Glass installations to comply with AS 1288

H041                    Hours of construction work

K101           Works at no cost to Council

                                      K221           Access, Car Parking and Manoeuvring – General

 

                                      L001           Approved landscaping plans

 

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L007                     Tree protection measures

L008                     Tree preservation order

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

 

                   Special Conditions

                  

                   2.1     The operating hours are from 7:30 am to 9:30 pm Mondays to Sundays.                 Delivery and service vehicles generated by the development are limited to              daylight hours.

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

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

                   2.4     The 'Unexpected Finds Protocol' in the letter correspondence titled                                    'Proposed Prayer Hall: 1247 Mamre Road, Kemps Creek' prepared by                             Environmental Investigation Services dated 21 July 2014 (Ref. E26656K                      let1) is to be complied with at all times during the construction phase of the                            development.

                             All remediation works in the Penrith Local Government Area are                                        considered to be Category 1 works under State Environmental Planning                           Policy 55 - Remediation of Land and Sydney Regional Environmental Plan                     No 20 - Hawkesbury-Nepean River. In turn, should remediation works be                           found to be required as a result of complying with the above Protocol then                          development consent is to be sought from Penrith City Council before                     remediation works can commence.

                   2.5     The temporary toilet block is to be decommissioned and demolished after               the main system has been decommissioned and prior to the issue of the                    Occupation Certificate.

                   2.6     Only wastewater from the existing cottage is to be disposed of using the                 existing septic tank. No other waste is to be disposed of using the existing                septic tank and absorption bed on-site sewage management system.

                   2.7     Prior to the issue of the Occupation Certificate, the effluent management                area is to be fenced to prevent public access.

                   2.8     Noise levels from the premises shall not exceed the relevant noise criteria                        detailed in "DA Noise Impact Assessment - Proposed Place of Worship:                      1247-1253 Mamre Road, Kemps Creek" prepared by SLR Consulting                                     Australia Pty Ltd dated 31 July 2013. The recommendations provided in                            the above-mentioned acoustic report shall be implemented and                                         incorporated into the design and construction of the development. A                                  certificate is to be obtained from a qualified acoustic consultant certifying                         that the building has been constructed to meet the noise criteria in                                   accordance with the approved acoustic report. This certificate is to be                            submitted to the Principal Certifying Authority prior to the issue of an                                   Occupation Certificate.

                             The provisions of the Protection of the Environment Operations Act 1997                         apply to the development, in terms of regulating offensive noise.

                   2.9     The stormwater management system shall be provided generally in                                   accordance with the concept plan/s lodged for development approval,                     prepared by Civil Engineering Services, reference number DA1 and DA2,                        dated 24.04.2014.

 

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

                             Prior to the issue of a Construction Certificate the Certifying Authority shall                       ensure that the stormwater management system has been designed in                      accordance with Council’s Stormwater Drainage for Building Developments                          and Water Sensitive Urban Design Policy.

                   2.10   Prior to commencement of works sediment and erosion control measures                        shall be installed in accordance with the approved Construction Certificate                           and to ensure compliance with the Protection of the Environment                               Operations Act 1997.

                   2.11. Prior to the issue of an Occupation Certificate, works-as-executed                                     drawings, final operation and maintenance management plans and any                            other compliance documentation shall be submitted to the Principal                                   Certifying Authority in accordance with Penrith City Council’s Engineering                     Construction Specification for Civil Works, WSUD Technical Guidelines                     and Stormwater Drainage for Building Developments.

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

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

                             a) Stormwater management systems (including water sensitive urban                               design)

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

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

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

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

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

                             a)      Stormwater management systems (including water sensitive urban                                   design).

                             Shall be registered on the title of the property. The restriction as to user                             and positive covenant shall be in Penrith City Council’s standard wording                       as detailed in Penrith City Council’s Stormwater Drainage for Building                         Development.

                   2.14. The stormwater management systems shall continue to be operated and                           maintained in perpetuity to the satisfaction of Council in accordance with                          the final operation and maintenance management plan. Regular inspection                        records are required to be maintained and made available to Council upon                         request. All necessary improvements are required to be made immediately                            upon awareness of any deficiencies in the treatment measure/s.

                   2.15   Food shall not be prepared or handled at the premises for the purposes of                        sale as defined in chapter 3 of the ANZFA Food Safety Standards without                           further development approval from Penrith City Council. To sell food                                 includes:

                             (a)     barter, offer or attempt to sell; or

                             (b)     receive for sale; or

                             (c)     have in possession for sale; or

                             (d)     display for sale; or

                             (e)     cause or permit to be sold or offered for sale; or

                             (f)      send, forward or deliver for sale; or

                             (g)     dispose of by any method for valuable consideration; or

                             (h)     dispose of to an agent for sale on consignment; or

                             (i)      provide under a contract of service; or

                             (j)      supply food as a meal or part of a meal to an employee, in                                                 accordance with a term of an award governing the employment of the                                       employee or a term of the employee’s contract of service, for                                              consumption by the employee at the employee’s place of work;

                             (k)     dispose of by way of raffle, lottery or other game of chance; or

                             (l)      offer as a prize or reward; or

                             (m)    give away for the purpose of advertisement or in furtherance of trade                                or business; or

                             (n)     supply food under a contract (whether or not the contract is made                                     with the consumer of the food), together with accommodation,                                          service or entertainment, in consideration of an inclusive charge for                                 the food supplied and the accommodation, service or entertainment;                                    or

                             (o)     supply food (whether or not for consideration) in the course of                                            providing services to patients or inmates in public institutions, where                                  public institution’ means ‘public institution’ as defined in the Act, if it is                               so defined; or

                             (p)     sell for the purpose of resale.

                             An application to Penrith City Council shall be submitted for any proposed                         temporary event or stall where food for sale will occur.

                   2.16   No native trees or other vegetation (including shrubs and other understory                         vegetation) are to be removed, ringbarked, cut, topped, lopped, slashed or                       wilfully destroyed (other than those on the approved plan prepared by                      Stuart Pittendrigh, December 2013) without the prior consent of Penrith                             City Council and in accordance with Council's Tree Preservation Order and                       Policy.

                             Trees to be retained shall be fenced off and protected from the proposed                          demolition works as detailed in Section 4 -Tree Protection Measures of AS                       4970 - 2009 The Protection of Trees on Development Sites.

                   2.17   No fill, machinery, or materials are to be placed or stored within the drip                            line of any tree.

                   2.18   Two   trees are to be planted on the subject property for every 1 tree                                  removed as per the approved Landscape Plan prepared by Stuart                                     Pittendrigh, 2013. This is a total of 14 trees. Species are to be of those                     already specified in the landscape Plans:

·    Eucalyptus tereticornis

·    Eucalyptus crebra

                             Trees must be maintained for a period of 3 years or until they reach a                               height of 3 metres, whichever comes last.

                             All other landscaping is to be undertaken as per the Landscape Plan                                  prepared by Stuart Pittendrigh, 2013.

                   2.19   No wastewater associated with the on-site sewage management system is             to be applied or irrigated within the drip line of any trees within the Effluent              Management Area. It is the responsibility of the applicant to ensure the               ongoing health of the trees in relation to the effluent disposal area.

                   2.20   Sediment and erosion control measures should be appropriately placed                            around demolition and construction areas on the subject site to prevent                      runoff of sediment and nutrient-enriched waters into nearby bushland areas                         and drainage lines. The effectiveness of these traps should be closely                             monitored during construction, ensuring that treated site run-off meets EPA                      guidelines.

                   2.21   All car parking and manoeuvring must be in accordance with AS/NZS                              2890.1: 2004, AS/NZS 2890.1: 2004/ Amt. 1:2005, AS 2890.2:2002, AS                     2890.3: 1993, AS 2890.5: 1993, AS/NZS 2890.6:2009;

                   2.22   The required sight lines around the driveway entrance is not to be                                      compromised by street trees, landscaping or fencing;

                   2.23   All vehicles are to enter and exit in the site in a forward direction;

                   2.24   Consideration is to be given to the provision of secure bicycle parking in                  accordance with AS 2890.3: 1993;

                   2.25   Sight distance requirements and driveway widths are to be met in                            accordance with AS/NZS 2890.1: 2004;

                   2.26   The proposed accessible parking spaces are to be designed to conform to              AS/NZS 2890.6: 2009;

                   2.27   The access off Mamre Road shall be modified in accordance with                           Roads and        Maritime Services requirements to provide a combined auxiliary                    lane right    turn treatment (AUR) and auxiliary lane left turn treatment                          (AUL). These requirements include:

                 a.       The design and construction of the AUR and AUL treatments on                              Mamre Road shall be in accordance with Australian Standards and                          RMS's requirements. Detail of these requirements should be                                    obtained from the RMS's Project Services Manager, Traffic Projects                              Section, Parramatta (Telephone 8849-2496) and the RMS's Senior                       Land Use Planner, Transport Planning, Sydney Region (Telephone                         8849 2219). These improvements are to include RMS requirements                       for street lighting at this treatment.

                          Detailed design plans of the proposed works ate to be submitted to                          RMS for approval prior to the commencement of any works.

                          A plan checking fee (amount to be advised) and lodgement of a                     performance bond may be required from the applicant prior to the                            release of the approved road design plans by RMS.

                 b.       All construction activities associated with the proposed development                        are to be contained on site as no construction zones will be permitted                     on Mamre Road in the vicinity of the site.

                 c.       A Road Occupancy Licence should be obtained from the RMS                            Transport Management Centre (TMC) for any works that may impact                     on traffic flows on Mamre Road during construction activities.

                 d.       A Construction Traffic Management Plan detailing construction                                vehicle routes, number of trucks, hours of operation, access                                     arrangements and traffic control should be submitted to Council for                          determination prior to the issue of a construction certificate.

                 e.       The swept path of the longest vehicle (to service the site) entering                           and exiting the subject site, as well as manoeuvrability through the                      site, shall be in accordance with AUSTROADS. In this regard, a plan                           shall be submitted to Council for approval, which shows that the                      proposed development complies with this requirement.

                 f.       The layout of the proposed car parking areas associated with the                             subject development (including driveways, grades, turn paths, sight                          distance requirements, aisle widths, aisle lengths, and parking bay                       dimensions) should be in accordance with AS 2890.1-2004.

                 g.       All works/regulatory signposting associated with the proposed                                development are to be at no cost to the RMS.

                   2.28   A total of 166 car parking spaces shall be provided on bitumen/gravel                      hardstand and 76 spaces shall be provided as overflow parking on grass            on site.

       2.29   The proposed development shall comply  with  the following:

 

·    The access provisions of the BCA

·    The Access to Premises Standard

·    AS 1428 suite of Standards

·    AS 2890.6 for car parking.

 

                             Details shall accompany the application for a construction certificate.

 

                  

                   2.30   All areas intended to be used at night shall allow appropriate levels of                       visibility. Car parks must be lit to the minimum Australian Standard AS                       1158 with consideration given to AS 4282 (Control of the                                                     obtrusive effects of outdoor lighting). Lights shall be directed towards                                   access/egress routes.   Lighting shall take into account all vegetation and                          landscaping that may act as an entrapment zone. Lighting shall be                                    designed so that it is difficult for vandals to break.

                            

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

 

                   2.31   The buildings shall be constructed in accordance with the provisions of the                        “Planning for Bushfire Protection” December 2006 and AS 3959-2009                     “Construction of buildings in bushfire prone areas”.

 

                   2.32  The on-site sewage management (OSSM) system shall be installed and              operated in accordance with the recommendations contained in the following documents and the conditions of this consent:

·           "On Site Wastewater Assessment for Proposed Worship Hall at 1247 Mamre Road Kemps Creek" prepared by Harris Environmental Consulting dated 28 May 2014 (Ref. 981ww)

·           "Onsite Wastewater Management System" for 1247 Mamre Road Kemps Creek NSW prepared by Australian Wastewater Management Strategies Pty Limited dated 28 May 2014

Prior to the issue of the Occupation Certificate and before the OSSM system can be used, an ‘Approval to Operate’ for the OSSM system is to be sought from and issued by Penrith City Council.

2.33  All wastewater generated on the site is to be diverted to a 100 000 litres primary/flow  regulation/balancing tank and dosed to an Ultra Clear Commercial AWTS Model CT25 at a maximum rate of 3200 litres per day. It is then to be disposed of by way of four raised soil absorption beds in the approved effluent management area. The effluent management area is to be located in accordance with Figure 2 'General Site Plan' and Figure 3 'Design and location of Raised Soil Absorption Beds' in the stamped approved "On Site Wastewater Assessment for Proposed Worship Hall at 1247 Mamre Road Kemps Creek" prepared by Harris Environmental Consulting dated 28 May 2014 (Ref. 981ww).

The system and effluent management area are to be installed and managed in accordance with the:

·           “Environmental and Health Protection Guidelines On Site Sewage Management for Single Households”

·           Australian Standards AS 1547:2012,

·           Council’s On-Site Sewage Management and Greywater Reuse Policy,

·           the "On Site Wastewater Assessment for Proposed Worship Hall at 1247 Mamre Road Kemps Creek" prepared by Harris Environmental Consulting dated 28 May 2014 (Ref. 981ww) and the "Onsite Wastewater Management System" for 1247 Mamre Road Kemps Creek NSW prepared by Australian Wastewater Management Strategies Pty Limited dated 28 May 2014.

2.34 Penrith City Council is both the consent authority and certifying authority for the installation of the On-Site Sewage Management System (OSSM). It is your responsibility to contact Council's Development Services Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection:

·           All drainage lines, septic tanks and absorption trenches before they are backfilled.

·           On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system.

A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority

2.35 The septic tank, drainage lines and effluent management area shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered.

 

2.36 All house sewer and plumbing work shall be carried out in accordance with the Plumbing Code of Australia.

 

2.37 The disposal area shall:

·           be prepared in accordance with the approved Wastewater Report;

·           have the distribution line is to be buried from the tank to the designated disposal area;

·           ensure the treated wastewater can be evenly irrigated across the entire designated disposal area.

2.38 There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves.

 

2.39  Prior to the issue of the Occupation Certificate, a minimum of two signs shall be erected within the effluent management area. These signs are to state “RECLAIMED EFFLUENT - NOT FOR DRINKING - AVOID CONTACT”. The signage shall be maintained for the term of the development.

 

2.40  The owner/occupier shall enter into an annual service contract with the manufacturer, distributor or other person authorised (in writing) by Penrith City Council to service the aerated septic tank(s) every three (3) months from the date of commissioning in the following manner:

i. A three monthly service shall include a check on all mechanical, electrical and functioning parts of the aerated system including:

·           the chlorinator,

·           replenishment of the disinfectant,

·           all pumps and switches,

·           the air blower, fan or air venturi,

·           the alarm system,

·           the effluent disposal area,

·           the slime growth on the filter media, and

·           the operation of the sludge returns system.

ii. The following field tests are to be carried out at every service:

·           free residual chlorine using DPD colorimetric or photometric method,

·           pH from a sample taken from the irrigation chamber,

·           dissolved oxygen from a sample taken from the final aeration or stilling chamber (although recommended) is optional.

iii. On the yearly anniversary date of the commissioning of the system, an annual service of the system shall also be carried out which includes a check on the sludge accumulation in the septic tank (primary treatment tank) and the clarifier, where appropriate.

iv. For systems which utilise the sewage treatment principle of activated sludge or contact aeration, a sludge bulking test, known as a SV30 Test, shall also be conducted on an annual basis. This test is to determine whether the accumulated sludge is bulking, indicating that the aeration compartment(s) will require desludging.

v. On completion of each service, a service report sheet is to specify all service items and test results, the amount of chlorine compound provided, parts replaced (if applicable), the date the service was conducted and the technician’s name. A copy of the service report is to be:

·           given to the property owner and another to the applicant (if not the same), and

·           forwarded to Penrith City Council.

Each service agent shall provide a registered business office which, if unattended during business hours, is provided with a telephone answering device or service. A means of reporting a malfunction or breakdown outside normal business hours shall be available. In the event of a breakdown or malfunction, the service agent shall, within 24 hours of the breakdown or malfunction, ensure that temporary repairs are carried out to the aerated system to ensure continued operation of the system. This may necessitate provision of adequate spare parts and temporary replacement blowers and irrigation pumps where repairs cannot be completed on site.

2.41  The effluent management area is to be turfed to the satisfaction of Council. Where a specific variety of turf is identified in the approved Wastewater Report that variety is to be installed and maintained.

2.42  No concreting, driveways, vehicles or any other structure or access way is to be located over any portion of the effluent management area.

2.43  All stormwater and seepage shall be diverted away from the septic tank and the disposal area by using an agricultural drain or earthen bund and dish drain.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA13/1467 - Locality Plan

1 Page

Attachments Included

2.  

DA13/1467 - Site Plan

1 Page

Attachments Included

3.  

DA13/1467 - Elevation Plan

1 Page

Attachments Included

4.  

DA13/1467 - Floor Plan

1 Page

Attachments Included

5.  

DA13/1467 - Landscape Plan

1 Page

Attachments Included

6.  

DA13/1467 - General Terms of Approval

4 Pages

Attachments Included

7.  

DA13/1467 - DCP Controls

6 Pages

Attachments Included

  


Ordinary Meeting                                                                                             27 October 2014

 

 

 

4

Development Application DA13/0311 for Residential Flat Building and Townhouses (49 Units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park  Applicant:  Melham Hazzouri;  Owner:  Melham Hazzouri   

 

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 Melham Hazzouri for the construction of a Multi Unit Housing Development with basement car parking, comprising of forty two (42) apartments, seven (7) townhouses and 71 parking spaces at No. 119 Glengarry Drive, Glenmore Park. The development is proposed to present three to four storey built form within four separate buildings and one common basement.

The site is zoned part R1 General Residential under Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009 and part Zone No.2 (Urban Zone) under Penrith Local Environmental Plan No. 188. The proposed development is a permissible land use in each zone.

The development application was placed on public exhibition from 29 April 2013 to 30 May 2013 and extended to 13 June 2013 due to representations from the public. Over sixty-five (65) submissions were received. Various representations were made to Councillors in addition to these submissions.

A public meeting was held at Council’s Office on 7 August 2013 where over 100 concerned residents voiced their concerns to the Mayor, Councillors, Council’s staff and applicant. In response a series of meetings were held between the applicant, Council Officers and with Council’s Urban Design Review Panel in an effort to achieve an improved design outcome.

Amended architectural plans were received and placed on public exhibition from 7 July to 28 July 2014. Twenty-eight (28) submissions were received.  A further meeting was held with resident representatives, Councillors, Council Officers and the applicant to discuss and respond to issues.  The concerns raised are addressed in this report.

The key matters relating to the proposed development are its location within the residential area predominantly single to two storey dwellings, poor response to the site constraints, inappropriate bulk, scale, setbacks of the buildings and layout of the apartments, overdevelopment of the site, lack of parking, adverse amenity and streetscape impacts and public interest. These matters are addressed in detail in this report.

Assessment of the proposed development has been undertaken in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 and the development application is recommended for refusal.

Background

The initial planning assessment carried out in May 2013 revealed a number of key design issues associated with the development proposal and a letter dated 23 May 2013 raised the following:

1.       Consideration of the development proposal by Council’s Urban Design Review Panel.

 

2.       The proposed development exceeded the permitted building height of 15m.

 

3.       The proposed development fails to provide an appropriate transitional form of building that integrates with the existing single and two storey dwellings and potential future housing in the vicinity of the site.

 

4.       The planter boxes located along Glengarry Drive and Bradley Street frontages are not of an appropriate size to accommodate the proposed vegetation within these areas.

 

5.       The setback of the basement driveway does not provide sufficient space to provide significant landscaping within the side boundary setback area.

 

6.       The proposed development does not provide an appropriate level of building separation between the buildings or the balconies internal to the development.

 

7.       The shadow diagrams detail that 25 of 63 apartments would not receive 4 hours of solar access to the living zones or private open space areas.

 

8.       A number of the apartments are considered to be three bedroom apartments, as the “study” areas are of a size and dimension to be utilized as bedrooms.

 

9.       Additional details were requested considering the privacy impacts/ lines of view from the proposed balconies to the adjoining residential dwellings. 

 

10.     Turning path, driveway/ ramp gradients details are required.

 

11.     The location of the waste services pick up point conflicts with the travel lane on Bradley Street.

 

12.     Additional stormwater calculations were requested.

 

Council officers have held a number of meetings and discussions with the applicant during the assessment of the development application and amended architectural plans were submitted in May 2014. A number of matters remained outstanding, including the availability of adequate landscaped area, building design matters, and parking which were raised in the initial letter to the proponent.

Site and Surrounds

The site is located to the west of Glengarry Drive at its intersection with Bradley Street, Glenmore Park. The site is irregular in shape and it has an area of 4482sqm. The site falls considerably from east to west with a cross fall of 10m. The site is currently vacant. No trees exist on the site. The surrounding area is a mixture of newly built residential dwellings/ dual occupancies of single and two storey design and multiunit housing developments of three to five storeys in height. A site plan is included as Appendix 1.

The Proposed Development

The Development Application seeks approval for construction of a multiunit housing development consisting of forty-two (42) apartments, seven (7) townhouses and seventy-one (71) parking spaces within the basement area. The mix of apartments and townhouses consist of the following:

·        Eight (8) one bedroom apartments;

·        Twenty-six (26) two bedroom units;

·        Eight (8) two bedroom apartments with a study;

·        Seven (7) three bedroom townhouses;

·        Provision of Seventy-one (71) car parking spaces in basement parking; and

·        Provision of a lift from basement car parking to the rear of the townhouses.

The apartments are located within three buildings facing Bradley Street, with the townhouses located within a separate building facing Glengarry Drive. All buildings are connected to the common basement area.

The apartments are proposed to present as 3-4 storey built forms with basement parking, having a total height of 14.4m and are to be constructed of a blend of materials and finishes. The townhouses are proposed to present as two storeys with basement parking having a total height of 6.5m and finishes similar to the apartments. The development is also accompanied by integrated landscaping and stormwater management plans.

The following plans and documents were submitted with the development application:

·        Architectural Plans – Series No. DA000 – DA 202 (Bureau SRH)

·        Landscape Plan – Sk01 & SK02 (Carmichael Studios)

·        Traffic and Parking Assessment Report (Varga Traffic Planning)

·        BASIX certificates (Building Sustainability Assessments)

Statutory Assessment

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

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

Environmental Planning and Assessment Regulation 2000

Clause 50 (1A) of the Regulation provides that a development application for a residential flat development, lodged on or after 1 December 2003, must be accompanied by a design verification statement from a qualified designer that confirms:

(a)     that he or she designed, or directed the design, of the residential flat development; and

(b)     that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development are achieved for the residential flat development.

The original architectural plans and amended architectural plans include the submission of a design verification statement.

State Environmental Planning Policy No.55 (SEPP 55) – Remediation of Land

Contamination and remediation of the site was examined and resolved at the time of the original application for the subdivision of the site as part of DA09/1203. The applicant has demonstrated that there is no known contaminated sites within Precinct B and the need for remediation or otherwise has been previously addressed

State Environmental Planning Policy (SEPP) No. 65 - Design Quality of Residential Flat Buildings

This Policy aims to improve the design quality of residential flat development, being buildings of 3 or more storeys and comprising 4 or more self contained dwellings. This outcome is to be achieved by assessing such proposals against a series of design principles relating to scale, built form, density, energy efficiency, landscape, amenity, safety and security, social dimensions and aesthetics.

An assessment of the proposal against the Design Principles of the SEPP identifies that the proposal failed to satisfy most of the design principles.

Design Principle 1: Context

Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

The proposed development consisting of forty-two (42) units and seven (7) townhouses with basement car parking is inconsistent with the context of the site, with particular regard to the character and identity of the surrounding low density residential area. The proposed bulk and scale is considered to adversely affect the adjoining properties and the streetscape.

This site represents an abrupt transition between existing multi-story apartment buildings and existing detached single and two storey dwellings. A majority of the adjoining land uses immediately to the north are low scale in character such as single and two storey dwellings or duplexes.  The character of the area immediately to the north of the development site consists of single and two storey dwellings or duplex developments.

The proposed development when viewed from the low scale adjoining properties and local road network presents at odds with this existing character in relation to building height, view corridors, buffer distances and composition of buildings relative to other building heights and land uses within the locality.

The bulk and scale of the development does not appropriately respond to the natural features of the locality, in particular the topography of the site. The development includes the excessive cutting of the site with the provision of living areas and courtyards of a number of apartments below the street level of Bradley Street.  Extensive cutting of the site also results in the communal open space area being recessed into the site.

The overall design does not respond or positively contribute to its context and cannot be supported.

Design Principle 2: Scale

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

The established scale or height of the neighbouring development consists of a mix of single and two storey detached dwellings/ dual occupancies to the north and east of the subject site and four (4) storey units with basement parking to the west of the subject site.

It is noted that the apartments under construction where assessed when the character of the areas was vacant allotments within a newly created subdivision and prior to the construction of the residential dwellings within the locality, which is now considered to be the predominant form of development within the locality.

The proposed built form does not provide an appropriate transition between the apartments to the west of the subject site and the single/ two storey residential developments to the north and east of the site.

The proposed building height of 6.5m – 14.4m metres, the provision of up to four storeys of residential living space above basement and a minimum 5 metre rear setback all add to the excessive bulk and scale of the development.

The proposed development fails to complement the surrounding area interface, the aim of which is to provide a transition in the scale of buildings between zones.

While it is noted that the amended architectural plans include the provision of townhouses along Glengarry Drive and provide a better transition between the adjoining residential dwellings than the original plans, the overall scale of the residential flat buildings along Bradley Street will result in a visually imposing development when viewed from Bradley Street and the adjoining residential dwellings. The scale of the development will adversely change the character of the area, impact on the amenity of the adjoining properties and does not provide a visually attractive building when entering Glenmore Park.

Design Principle 3: Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

The proposed built form has design deficiencies which contribute to the visual bulk and scale of the buildings, poor internal amenity and, introduce privacy and solar access impacts within the development as well as the adjoining dwellings.

It is considered that the proposed built form is inconsistent with this principle for the following reasons:

(a)     The three to four storeys built form with the lack of building separation is inappropriate for the site;

(b)     The proposed 14.4m building height is excessive and inappropriate considering the topography of the site and the location of the site within the subdivision pattern;

(c)     The height and length of the building facades along Bradley Street visually dominate the locality and will adversely contribute to the character of the area.

(d)     The layout of the units, in particular Units 9, 10, 13, 14, 15, 16, 17, 23, 24, 25, 33, 34 and 35 combined with excavated courtyards or the provision of primary private open space areas on the southern side of the building result in poor solar access which will impact upon the amenity of the occupants of the buildings.

(e)     The separation between the kitchen benches limits the functionality of the kitchen. Alterations to the kitchen would diminish the useability of living areas adjoining the kitchen.

(f)      The location of the building platforms for each dwelling, the orientation of the apartments and townhouses with the reduced building separation result in adverse impacts on the amenity of the occupants of the buildings, in particular acoustic and visual privacy;

(g)     The proposed balconies within the residential flat building have deficient dimensions to provide useable private open space areas.

(h)     The front setbacks provides for paved terraces devoid of adequate space to accommodate substantial landscaping which is uncharacteristic of the surrounding area; and

(i)      The reduced building separation will further result in adverse amenity impacts including lack of visual and acoustic privacy to the future residents in this development.

Design Principle 4: Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

Although there are no density or floor space ratio controls applicable under the current zoning provisions, the proposed density of units/ha, is excessive and inappropriate in the context of the surrounding low density residential neighbourhood and the topography of the site.

The issues of visual and acoustic privacy, solar access, bulk and height of buildings, lack of appropriate building separation, lack of landscaping within the front setback areas, apartment layout and configurations issues are all resultant impacts of the proposed dwelling density.

Design Principle 5: Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

It is considered that the proposed built form is inconsistent with this principle for the following reasons:

a)      The proposed layout fails to optimise the number of north-facing units so as to maximise solar access;

b)      Living rooms and private open spaces for at least 70% of apartments in a development should receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid winter. The development application fails to demonstrate that 70% of the units receive a minimum of 3 hours of direct sunlight between 9am and 3pm in mid winter;

c)      The front setbacks are occupied by paved terraces devoid of adequate space to accommodate substantial landscaping which is uncharacteristic of the surrounding area.

 

 

Design Principle 6: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.

Extensive landscaping is provided within the terraced common open space areas providing opportunities for significant planting within the rear setback area. However the significant excavation of the site including the common open space will result in the landscaping have a negligible impact in the way of protecting the privacy of the adjoining properties.

Furthermore, the landscape design fails to provide adequate space within the front setback areas to enable the survival of the proposed vegetation. The setback of the proposed buildings and the width and depth of the planter boxes within Bradley Street and Glengarry Drive are not sufficient to accommodate the planting as detailed within the landscape plan, which includes the provision of trees attaining a height of 8m. The lack of space for significant landscaping within the front setback adds to the bulk and scale of the development.

Design Principle 7: Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

The amenity of the future occupants of the development and adjoining residents is compromised for the following reasons:

(a)     Inadequate separation is provided to existing dwellings to the north west and the existing apartment building to the west.

(b)     The proposed development fails to provide for the minimum 3 hours of solar access to living rooms and private open spaces for at least 70% of apartments required under the SEPP 65 Residential Flat Code;

(c)     The internal separation between the kitchen benches limits the useability of the kitchen area. Alteration to the kitchen benches would diminish the functional space within the adjoining living and dining rooms;

(d)     Reduced separation distances between the habitable rooms and balconies result in adverse overlooking and overshadowing impacts;

(e)     Storage space at the rate of 6 m³ - 10m3 is required for the apartments and townhouses. Appropriate levels of dedicated storage space is provided for within each apartment/ townhouse or the basement car park;

(f)      The development only provides for a single lift from the basement car park adjacent to the townhouses;

(g)     No adaptable units have nominated to meet the needs of different age groups and degree of mobility.

Design Principle 8: Safety and security

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces

Five unregulated pedestrian entries from Glengarry Drive and Bradley Street provide publicly accessible circulation throughout the site minimising the safety of the occupants and visitors to the buildings.

The extensive cutting of the site creates varying levels within the pedestrian access points and common open space providing potential places of concealment.

The proposed excessive high density development increases the opportunity for anti-social behaviour and crime due to increased anonymity.

Design Principle 9: Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New developments should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The proposal includes eight (8) one bedroom apartments, twenty-six (26) two bedroom apartments, eight (8) two bedroom plus study apartments and seven (7) three bedroom townhouses. The proposal is considered to provide a good mix of housing mix to suit the social mix and needs of the future occupants.

Design Principle 10: Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

The development proposes three multi storey buildings that are out of character in the local context. The lack of building separation along Bradley Street, the setbacks of the building and inability to provide extensive landscaping within these front setback areas, the bulk and scale are undesirable elements which not only are unsympathetic to the existing built environment and streetscape but also detract from character of Glenmore Park as a gateway site to the locality.

Residential Flat Design Code

SEPP 65 also requires Council to take into consideration the Residential Flat Design Code, September 2002 (Code) in determining a development application. The Code has been taken into consideration in the assessment of the application and the following relevant issues are noted having regard to the ‘Primary Development Control’ section of the Code:

Building Depth

A building depth of 10 to 18 metres is considered appropriate provided that the depth of a building will not have a significant impact on residential amenity in terms of natural ventilation and optimal daylight access to internal spaces.

The proposed buildings have a maximum building depth of 15-18 metres. The 18 metre depth is excessive for buildings with dual orientation particularly for apartments facing south which results in no daylight access to vital internal spaces such as the livings areas and primary private open space.

Building Separation

The Code recommends for development up to four storeys a 12 m separation between habitable rooms/balconies, a 9m separation between habitable/balconies and non-habitable rooms and a 6m separation between non-habitable rooms.

The proposed development consists of four (4) separate buildings, A, B, C and D (Refer to Appendix 2 – Site / Building Location Plan). The most impacted buildings in terms of solar access are Block B. The building separation achieved between the habitable rooms and balconies of the development is as follows:-

Buildings

Required Distance

Proposed Distance

Building - A-B

12m

5.5m separation distance achieved

Building - B-C

12m

3m separation distance achieved

Building - C-D

12m

3m separation distance achieved

The intention of this control is to create a spatial relationship of the buildings and to avoid amenity problems in terms of visual and acoustic privacy and day light access. 

The proposed distances between internal balconies of the corresponding apartments/ townhouses in these buildings not only results in visual and acoustic privacy issues but also impacts upon access to sunlight to these units as discussed earlier in the report.

Street Setbacks

The Code recommends a street setback range of 5m to 9m in order to enhance the streetscape character, the continuity of street facades, and to accommodate street tree planting. In general, no part of a building or above ground structure may encroach into a setback zone with the exceptions of awnings, balconies and bay windows.

The proposed development provides a front setback of 3.5 – 5m to the townhouses facing Glengarry Drive, however the townhouse design includes balconies and finial walls that encroach on the front setback and in some cases provide a 2 metre minimum setback. The encroachments are staggered to contribute to an articulated façade treatment; however the bulk detracts from to the streetscape and character of the area.

The apartments located along Bradley Street include a front setback of 3.5m from the street, with balconies encroaching to provide a minimum setback of 2m from the street.

The proposed setback of the buildings from Bradley Street and Glengarry Drive provide limited opportunities for the provision of landscaping within the front setback areas that would positively contribute to the landscape character of the area or soften the excessive bulk and scale of the development.

 

 

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

SREP No. 20 applies to the subject land and stipulates that the consent authority shall not grant consent to a development application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aim of SREP 20.  The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality.  

The proposal will have minimal impacts on the river environment as it will not compromise the water or scenic qualities of the river given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction of any driveway. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009

The site is partly zoned R1 General Residential under Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009. The proposed development is permissible with consent.

The objectives of this zone are:

•        To provide for the housing needs of the community.

•        To provide for a variety of housing types and densities.

•        To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•        To promote development that safeguards the residential amenity of the area.

•        To provide for high levels of residential amenity, particularly acoustic and visual privacy, accessibility to services, climatic comfort of the indoor environment, and safety and security.

•        To ensure new development reflects the desired future character described in the Penrith Development Control Plan 2006.

Clause 4.3 provides height controls for buildings. The subject site is located within Area 3 therefore the proposed residential flat building has a maximum height of 15m.

An assessment of the architectural plans reveals that proposed development has a building height of 14.4m.

There are no other provisions of this planning instrument that are relevant to the proposed development.

Penrith Local Environmental Plan No. 188

The site is partly zoned No.2 (Urban Zone) under Penrith Local Environmental Plan No. 188. The proposed development is a permissible land use in the zone.

There are no other provisions of this planning instrument that are relevant to the proposed development.


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

Draft Penrith Local Environmental Plan 2010 (Stage 2)

Draft Penrith Local Environmental Plan 2010 (Stage 2) applies to the land and proposes to zone it R1 General Residential and R2 Low Density Residential. Multi-dwelling housing and Residential Flat Buildings are permissible with consent within the R1 General Zone, however they are not permitted within the R2 Low Density Residential zone.  The R2 Low Density Zone applies to the Glengarry Drive (eastern) portion of the site where the proposed townhouses are located.  These are defined as multi dwelling housing under the Draft LEP and prohibited in the R2 Zone. The Draft LEP proposes a maximum building height of 8.5m - 15m to which the proposal is consistent with. There are no other relevant provisions.

3.       Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan

Penrith Development Control Plan 2006

2.11 Car Parking

Clause 2.11 Car Parking in Penrith DCP 2006 requires onsite parking provision at the following rates:

·     1 space per 1 bedroom unit

·     1 space per 2 bedroom unit

·     2 spaces per 3 bedroom unit

·     1 space per 5 dwellings for visitor parking

The development provides for

·     16 x 1 bedroom units; = 16 spaces

·     26 x 2 bedroom units = 26 spaces and 

·     7 x 3 bedroom units = 14 spaces and

·     Total 49 units/ townhouses require 10 visitor parking spaces.

This development thus requires providing a total of 66 on-site parking spaces. It is noted that three (3) of the two (2) bedroom apartments include a study that is of a size that could be utilised as a third bedroom. For the purpose of assessing the proposed development, the provision of three (3) parking spaces in addition to the sixty-six (66) on-site parking spaces is considered to be appropriate.

The development provides for seventy-one (71) underground parking spaces for this development which is consistent with the DCP. 

6.18 Glenmore Park Stage 2

This section of Penrith DCP 2006 is most relevant to the development as it provides controls specific to the Glenmore Park Stage 2 release area. The Structure Plan within the Glenmore Park Stage 2 provides the vision, objectives and urban structure guidelines for the locality, which includes:

Higher density forms of housing will be provided along corridor edges, around the Neighbourhood Centre, in good proximity to public transport routes and adjacent to active and passive open spaces.

The location is considered to be inappropriate for the accommodation of such a high density development as the local centre, active and passive open space areas are not located within close proximity of the site. This site is more removed from the future local centre than the existing approved residential apartment sites, it is more elevated and located on the other side of a pinch point created by existing detached housing surrounding it.  Of particular note the location of the future local centre is over 1km from the site when travelling within the local road and pedestrian network.

Glenmore Park Stage 2 Development Control Plan demonstrates the location of the development is inappropriate for such high density housing. The SEPP 65 assessment also demonstrates that the proposed development is an uncharacteristic and undesirable development for the site.

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

In accordance with Clause 50 (1A) of the Environmental Planning and Assessment Regulation 2000, the amended architectural plans submitted for consideration was not accompanied by a design verification statement from a qualified designer that confirms:

(a)     that he or she designed, or directed the design, of the residential flat development; and

(b)     that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development are achieved for the residential flat development.

Based on this issue alone development application cannot be determined by Council by way of approval.

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

Addressed under State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Flat Buildings.

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

The site is considered unsuitable for the current scale of the development based on the following:

-        The gateway, ridge top location of the site accentuates the apparent bulk of the building and prevents view sharing through the site;

 

-        The topography of the site provides limitations on development that have not been satisfactorily addressed within the design of the building. In particular the development results in excessive cutting of the site providing poor private and common open space areas within the site;

 

 

-        The development provides an abrupt transition from apartment to low density residential development and does not appropriately respond to the context of the locality;

 

-        The context of the locality, including the existing style and location of dwellings surrounding the site, has not been appropriately considered in relation to the height, bulk, scale and density of the development; and,

 

-        The proximity and orientation of neighbouring residences is not conducive to the scale of development proposed without adverse impacts, in particular on the visual and acoustic amenity of existing residents.

Given the above the site is not suitable for the proposed scale of the development as discussed earlier in this report.

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

In accordance with Penrith Development Control Plan 2006, the proposed development was advertised in the local press, notified to nearby and adjoining residents/owners, placed on public exhibition from 29 April 2013 to 13 May 2013 and extended to 13 June 2013 due to representations from the public. Submissions were received from sixty-five (65) different properties and various representations were made to Councillors in addition to these submissions. The concerns raised in those submissions are summarised as follows:

a)      Increase traffic congestion and demand for on-street parking within the surrounding streets

b)      Inappropriate location within Glenmore Park

c)      Lack of public transport to support the scale of development

d)      Inconsistent development with the surrounding housing

e)      Attraction of undesirable elements to the locality – crime, graffiti and anti-social behaviour

f)       Lack of on-site Car Parking

g)      Local Road Safety

h)      Noise impacts

i)        Bulk and Scale of the Design

j)        Location of waste bins

k)      Impacts on Privacy and Amenity

l)        Impact on Property Values.

 

Amended architectural plans received were advertised in the local press, notified to nearby and adjoining residents/owners and placed on public exhibition between 7 July to 28 July 2014. Submissions were received from twenty-eight (28) different properties and various representations were made to Councillors in addition to these submissions. The concerns raised in those submissions are summarised as follows:

a)      The amended design has not adequately addressed the previous concerns raised by residents

b)      Increase traffic congestion and demand for on-street parking within the surrounding streets

c)      Inappropriate location within Glenmore Park

d)      Lack of public transport to support the scale of development

e)      Inconsistent development with the surrounding housing

f)       Attraction of undesirable elements to the locality – crime, graffiti and anti-social behaviour

g)      Lack of on-site Car Parking

h)      Local Road Safety

i)        Noise impacts

j)        Bulk and Scale of the Design

k)      Impacts on Privacy and Amenity

l)        Impact on Property Values.

 

The above concerns have been addressed in this report under the headings of “State Environmental Planning Policy (SEPP) No. 65 - Design Quality of Residential Flat Buildings”, ‘Penrith Development Control Plan 2006’ and ‘Section 79C(1)(b) – ‘The Likely Impacts of the Development’.

Referrals

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

Referral

Comments

Building Surveyor

No objection, subject to conditions

Development Engineer

Not satisfactory (see comment below)

Traffic Engineer

No objection, subject to conditions

Council’s Development Services Engineers raised concerns to the original architectural plans deficient for the following reasons: 

·        Vehicle Turning paths are to be shown on the basement car parking plan and shall be in accordance with AS2890 Parts 1 and 6.

·        Driveway/Ramp gradients to be shown on the plans and must comply with AS2890 Part 6 (in particular headroom clearances)

·        Stormwater Drainage calculations for the proposed development.  This to ensure that the existing street drainage system on Bradley Street has sufficient capacity for the proposed development.

·        The proposed locations of Waste Services pick-up points are at conflict with the travel lane on Bradley Street. A dedicated waste services parking bay will be required similar to other multi-residential developments along Bradley Street.

The amended architectural plans submitted for consideration did not include stormwater drainage calculations or vehicular turning paths details. The proposed gradient of the basement driveway, with a section at 25% grade is not in accordance with AS2890.6.

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

The proposed multi dwelling development is inconsistent with the requirements of the State Environmental Planning Policy No. 65 and Penrith Development Control Plan 2006.  It is likely to have a negative impact on the character of the area and the amenity of the immediate residents. For these and the other reasons raised within this report, the development application cannot be supported.

 

Conclusion

The proposed multi dwelling development has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. 

The assessment of the proposed development has found inconsistencies with height requirements, building separations, rear setbacks and overshadowing requirements under SEPP 65 – Design of Residential Flat Buildings.

The proposed height, bulks, scale density and design of the development does not appropriately respond to the topography of the site or the context in which the site is located. The proposed development will have an unacceptable impact on the amenity of the neighbourhood in terms of noise and privacy. The design of the development does not appropriately respond to its high visibility location, being a gateway site to Glenmore Park.

Significant public opposition has been received to the proposal. The proposal is likely to have a negative impact on the surrounding environment and it is not considered to be in the public interest.

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA13/0311 for Residential Flat Building and Townhouses (49 Units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park be received.

2.    Development Application DA13/0311 for Residential Flat Building and Townhouses (49 Units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park, be refused for the following reasons:

2.1     The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act as the proposal is inconsistent with the following provisions of State Environmental Planning Policy No.65:

Part 2- Design quality principles:-

·     Clause 9 – Principle 1- Context

·     Clause 10 – Principle 2- Scale

·     Clause 11 – Principle 3- Built form

·     Clause 12 – Principle 4- Density

·     Clause 13 – Principle 5 – Resource, energy and water efficiency

·     Clause 14 – Principle 6- Landscape

·     Clause 15 – Principle 7- Amenity

·     Clause 16 – Principle 8: Safety and Security

·     Clause 18 – Principle 10- Aesthetics

          and the Residential Flat Design Code Part 1-  -Local context- Primary Development Controls

·     Building separation

·     Street setbacks

2.2     The application is not satisfactory for the purpose of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act as the scale and density is inconsistent with the provisions of Penrith Development Control Plan 2006 – Chapter 6.18 Glenmore Park Stage 2 – Structure Plan.

2.3     The application is not satisfactory for the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act in terms of the likely adverse amenity impacts upon the existing built environment of existing and future adjoining residents namely privacy and view sharing.

2.4     The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act as the site is not suitable for the scale of the proposed development for the following reasons:

·        The ridgetop location on the gateway entry of Bradley Street to Glenmore Park Stage 2 is not suitable for the bulk and scale of the proposal given the existing and desired future residential character and context;

·        The excessive height and bulk of the proposed buildings in relation to existing detached dwellings adjoining

·        The topography of the site necessitates excessive cutting for the scale of the proposal

·        The site is removed from the future local centre such that it is not within a comfortable walking distance.

2.5     The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act as the proposed development is not in the public interest.

3.    Persons who made a submission be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

1.  

DA13/0311 - Locality Plan

1 Page

Attachments Included

2.  

DA13/0311 - Site Plan

1 Page

Attachments Included

3.  

DA13/0311 - Building Location Plan

1 Page

Attachments Included

4.  

DA13/0311 - Architectural Plans

3 Pages

Attachments Included

5.  

DA13/0311 - Artist Impressions

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                             27 October 2014

 

 

 

5

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 and Mrs Gosling;  Owner:  Mr and Mrs Gosling   

 

Compiled by:               Gavin Cherry, Principal Planner North

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.

 

Background

At the  Ordinary Meeting of Council held on 25 August 2014 the determination of Development Application DA14/0622 was deferred with a resolution as follows:

 

“Consideration of this item be deferred to the next Ordinary Meeting of Council with a further report to be presented on the appropriate position of the shed.”

In response to this deferral, the applicant was requested to consider relocation of the proposed shed. Written advice was received from the applicant on 24 September 2014 which confirmed that the shed was not proposed to be relocated. A further report was referred to an Ordinary Meeting of Council responding to the concerns raised regarding the shed location and stormwater management with a recommendation for approval subject to conditions of consent.

The development application was reported to the 29 September 2014 Ordinary Meeting of Council.  See Appendix 1 to this report.  At the 29 September 2014 Ordinary Meeting of Council the determination of the Development Application was again deferred with a resolution as follows:-

“The matter be deferred pending a further report to Council outlining reasons for refusal.”

This report is referred to Council for determination in response to the above resolution.

It is also noted that a Class 1 appeal against the “deemed refusal” of this application was lodged with the NSW Land and Environment Court on 10 October 2014.

 

Possible Reasons for Refusal

 

Below is a list of possible reasons for refusal in response to the resolution of Council:-

 

1.   The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 as the scale and cumulative footprint of the shed and manoeuvring area is not considered to be ordinarily incidental and ancillary to the existing dwelling on the property and is inconsistent with Penrith Local Environmental Plan No. 201 (Rural Lands).

2.   The proposed development is inconsistent with the general aims and objectives of  Penrith Local Environmental Plan No. 201 (Rural Lands) (Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979).

3.   The proposed development is inconsistent with the objectives of the 1(b) – Rural B zone - smallholdings (Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979).

4.   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 of rural residential character (Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).

5.   The proposed development is likely to have an adverse impact upon the amenity of the existing rural residential area, having regard to the submissions made (Section 79C(1)(d) of the Environmental Planning and Assessment Act 1979).

6.   The proposed development is not in the public interest (Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979).

 

 

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.    The Development Application be determined.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0622 Report for Ordinary Council Meeting dated 29 September 2014

38 Pages

Attachments Included

  


Ordinary Meeting                                                                                             27 October 2014

 

 

 

6

Development Application DA14/0691 for Attached Dual Occupancy and Strata Subdivision at Lot 354 DP 241114 (No. 5) Ridge Street, South Penrith  Applicant:  Danny Constructions Pty Ltd;  Owner:  Mariska P Watkins & Gary V Watkins   

 

Compiled by:               Matthew Rawson, 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 (DA) for an attached dual occupancy at 5 Ridge Street, Penrith. Under the Penrith Local Environmental Plan (LEP) 1998 (Urban Land), the subject site is zoned 2(b) Low Density Residential and the proposal is a permissible land use in the zoning with Council consent.


This application is being reported to the Ordinary Council Meeting as the development application requires a variation in excess of 25% to the LEP’s rear setback development standard. However, it should be noted that the secondary storey of the building satisfies the applicable 6m rear setback requirement and it is only the ground floor portion of the building which is non-compliant. This is considered acceptable given that the proposed development will not have any significant impacts on any adjoining neighbours in terms of bulk and scale, solar access or visual and acoustic privacy.


Adjoining and adjacent properties were notified of the application and it was exhibited for 14 days between 26 June and 10 July 2014. No submissions were received.


An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval, subject to the recommended conditions. 

Background

The DA was lodged with Council on19 June 2014. The notification of adjoining and adjacent neighbours and exhibition period occurred between 26 June and 10 July 2014. No submissions were received.

 

A preliminary assessment of the application resulted in the identification of a number of issues for the development. Subsequently the applicant was contacted and advised that the following matters required their consideration and action:

 

·    Non-compliant rear setback.

·    Non-compliant setbacks to road frontages.

·    The design and location of the development’s private open space resulting in little to no solar access or visual privacy.

·    Marginal compliance with the minimum lot size control and resulting issue of site coverage.

·    Marginal compliance with the requirements of landscaped area.

 

A meeting was held with the applicant to expand upon the issues raised and discuss a way forward for the application. Amended plans were then submitted which addressed the matters above. 

 

Site and Surrounds

 

The subject site is situated at the north-western corner of the Gilda Avenue and Ridge Street intersection in South Penrith. It is 650.6m2 in area and essentially flat. 

 

The site is currently occupied by a single storey dwelling which is orientated towards Ridge Street. The dwelling does not currently address Gilda Avenue nor does it offer any surveillance of, or relationship with, the adjoining area of public open space to the south.

 

The surrounding area is characterised by low density residential development, comprised of single dwellings at both 1 and 2 storey scale. These dwellings feature a range building materials and styles but tend towards brick veneer external finish and tile roofs.

There are examples of larger lots on street corners which have been redeveloped to establish dual occupancy development. However these opportunities are limited by the majority of the surrounding allotments being below Council’s minimum lot size for dual occupancy development.

 

This particular allotment within the locality of South Penrith is considered to be of especially high amenity given its proximity to the adjacent public open space as well as the active recreation area of Jamison Park approximately 170m to the north.

 

The Proposed Development

 

The proposed development involves the following aspects:

 

·    Demolition of the existing dwelling and outbuildings.

·    Removal of existing trees/vegetation.

·    Construction of a 2 storey attached dual occupancy including parking, landscaping and associated drainage works.

 

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.

 

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

 

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

 

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

 

Penrith Local Environmental Plan 1998 (Urban Land)

 

The table below summarises compliance with relevant development standards in the LEP.

 

Standard for 2(b) Zone

Proposed Development

 Compliance

Clause 11

Minimum Allotment Size

650m2

650.6m2

 Yes

Clause 12(3)

Building Envelope

45 degrees from 1.8m high at the side boundary.

Minimum setbacks of 3.4 and 3.5m to each side boundary and maximum wall height of 6.5m.

The northern side boundary complies.
A portion of the southern facade exceeds the building envelope. See discussion below for details.

Clause 12(3)

Maximum External Wall Height

6.5m

6.2m.

 Yes

Clause 12(3) Landscaping

50%

 51.2%

 Yes

Clause 12(4)\

Rear setback

6m for two storey buildings. (4m for single storey)

4m 

No. See discussion below for details.

 

Building Envelope

 

Clause 12(6) of the LEP reads as follows:

 

Despite any other provisions of this clause, the council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of the council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building.

 

The proposed variation is considered to be integral to the design and external appearance of the proposed development. The mix of roof forms adds a much needed degree of architectural articulation to the built form of the dual occupancy adding interest and breaking up the building’s appearance. By breaking up the appearance of the dual occupancy perceptions of visual prominence, bulk and scale are greatly reduced.

 

Additionally, this change to the facade of the dual occupancy is especially important as the side setback fronts Gilda Avenue. The additional articulation helps address this street frontage and establish a relationship with the public open space beyond by ensuring that the development presents as two separate units, rather than simply part of a single dwelling.

Finally, the extent of the required variation is relatively minor, comprising only 20% of the total length of the southern facade. The proposal remains compliant with controls for side setback under the Penrith Development Control Plan 2006.

 

Rear Setback

 

In view of the prevailing subdivision pattern and orientation of the existing dwelling on the site, the rear setback for the site has been measured from the western property boundary (i.e. the property boundary parallel to Ridge Street). The proposed development does not meet the required 6m setback to this boundary for two storey buildings in the 2(b) zone. It should be noted, however, that the secondary storey satisfies the 6m rear setback requirement. In this regard, it is only the ground floor portion of the building which encroaches on the 6m setback requirement.

 

The applicant has accompanied the application with a written objection to the minimum 6m rear boundary setback requirement under the provisions of State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). SEPP 1 enables Council to approve a development proposal that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

 

The proposed development will not have any significant impacts on any adjoining neighbours in terms of bulk and scale, solar access or visual and acoustic privacy. The proposed development provides a 4 metre rear setback at ground level and 6m rear setback at the first floor level which will ensure that the green corridor of open space running along the rear of the dwellings in Ridge Street will be maintained.

 

In accordance with Clause 7 of SEPP 1, the applicant’s objection is therefore considered to be well founded and is consistent with the aims of the SEPP outlined in Clause 3. The SEPP 1 objection has adequately addressed the matters prescribed in State Environmental Planning Policy No.1 – Development Standards, and has demonstrated that compliance with the prescribed minimum 6m rear boundary setback requirement would be unreasonable and unnecessary in the circumstances of the case.

 

The proposed variation to the rear setback requirement is therefore considered to be acceptable.

 

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

 

Penrith Development Control Plan (DCP) 2006, Section 4.3 – Dual Occupancy is applicable to the site. Consideration of key areas of the DCP is detailed below.

 

Front and Rear Setbacks

 

The front and rear setbacks proposed are consistent with those required by the DCP given that the portion of the development setback within 6 metres of the rear boundary is limited to a single storey scale and does not encroach upon the 4 metre requirement for single storey buildings.

 

Driveways and Parking

 

Each 3 bedroom dwelling is to provide 2 onsite car parking spaces. This is achieved through a double garage for dwelling B and a single garage with stacked driveway parking for dwelling A.

 

Landscaping

 

The original proposal required the removal of several trees from the rear of the allotment. The removal of these trees was to be offset through the installation of significant landscaping, detailed in landscaping plans originally submitted with the proposal.

 

Since the lodgement of the application significant changes were required to the siting and site coverage of the development. These changes now propose the removal of a mature Eucalyptus from the south-eastern corner of the allotment which is considered to be of significant streetscape value.

 

Given the revisions made to the proposal following the lodgement of the application, a revised Landscape Plan and Aborist’s Report are required by the recommended conditions of consent (see Special Conditions 3.2 and 3.3).

 

The Aborist’s Report will be required to ensure that the removal of any trees is necessary and that appropriate protection measures will be in place for the retained trees. It will need to investigate the possibility of retaining the existing gum tree on the corner of the site. The revised Landscaped Plan will be required to show the retention of trees previously identified for removal at the rear of the property as well as replacement planting that includes the provision of 2 street trees within the road reserve.

 

Private Open Space

 

As a result of the amendments made to the original proposal both dwellings are now provided with compliant and useable areas of private open space. The amended proposal results in a larger of area of northern facing principal private open space for dwelling B at the sacrifice of courtyard area within the southern setback to Gilda Avenue.

 

Building Envelope and Side Setbacks

 

The development proposes a 3.4 metre minimum setback to the shared residential side boundary and 3.4 metres to the secondary street frontage of Gilda Avenue, these setbacks are compliant with the minimum side setbacks of the DCP.

 

The proposal requires a minor encroachment outside the building envelope for the site. As discussed in the LEP section above, this encroachment is considered to be necessary to improve the design and external appearance of the proposed building. 

 

Urban Form

 

The DCP requires that dual occupancy development present as two separate dwellings. The proposed development is asymmetrical with each unit having a distinct appearance helping to delineate the entrances and areas of open space for each. Principal living areas and entrances face the street helping to facilitate casual surveillance both to and from the street. Garages are incorporated into the design of the dual occupancy and displays adequate architectural articulation.

 

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

 

Context and Setting

 

The proposed building will be of greater bulk and scale then the existing single storey dwelling and the surrounding development. The impacts of this increase in scale are considered to be more than offset by its addition of architectural interest to the streetscapes of Ridge Street and particularly Gilda Avenue, where the existing dwelling lacked any kind of address or relationship with the street and parkland beyond.

 

The proposal will form an aesthetically pleasing development incorporating significant architectural articulation as well as a commendable mix of materials and roof forms which further aid in breaking up the appearance of the dual occupancy. Additionally, the building is proposed to be finished with subdued colours reducing it visual prominence.


Amenity

Given that the allotment is zoned for residential development, is located on the northern side of the street and provides compliant setbacks for the 2 storey elements of the development, the potential for any adverse amenity impacts is considered to be minimal.


Access, Parking and Traffic

The siting of the additional driveway crossover point is considered to be acceptable for the site given its location greater than 6 metres from the tangent point of the Gilda Avenue and Ridge Street intersection. The proposal will have no adverse traffic generation impacts on the local road system, as all parking, loading and unloading of vehicles associated with the development will be catered for on-site.

Natural Environment

The proposal involves appropriate management and disposal of waste during construction of the site. Stormwater from the proposed rainwater tank overflow is able to gravity drain to the street. Appropriate erosion and sediment control measures are to be implemented during construction.

 

The removal of the existing trees from the site shall be offset through the requirement of replacement planting.


Social and Economic Impacts

The proposal poses no potential adverse social or economic impacts.

 

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

 

The subject site is deemed suitable for the following reasons:

 

·      The zone and draft zone permit the proposed use

·      The use is consistent and compatible with surrounding/adjoining land uses

·      The grade of the site is suitable for the design proposed

·      Stormwater from the site is able to drain to Council's satisfaction

·      The site is adequately serviced by access, water and sewer infrastructure which has the capacity to cope with any increase in demand associated with the proposed development.

 

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

 

Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, the proposal was notified to nearby owners and occupiers of adjoining properties who were invited to inspect the proposal from 26 June 2014 to 10 July 2014. Council notified eight (8) residences in the area and received no submissions in response.

 

Referrals

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

Referral

Comments

Building Surveyor

No objection, subject to standard conditions.

 

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

 

The public interest is best served by the orderly and economic use of land for purposes permissible under the relevant planning regime and in accordance with the prevailing planning controls. The proposed works will increase street address of the development on the site adding architectural interest to the streetscape as well as passive surveillance of the street and adjoining parkland.

 

Section 94 Contributions

 

The following Section 94 Contributions apply to the proposed development:

 

Contributions Plan

Contribution

Cultural Facilities

$405.00

Penrith City District Open Space Facilities

$5,592.00

Penrith City Local Open Space

$2,020.00

Total Contributions

$8,017.00

 

Conclusion

 

Subject to the recommended conditions of consent the proposal is consistent with the relevant sections of the Environmental Planning and Assessment Act 1979, the relevant Local Environmental Plan, relevant State Environmental Planning Policies and the Penrith Development Control Plan 2006 because although the development requires variations to the numerical standards of the LEP and DCP, it will not result in any significant impacts on the natural, social or economic environments.


The proposal will have a positive impact on the surrounding character of the area through the provision of additional housing variation and choice within an area characterised by traditional single detached dwellings whilst adding architectural interest to the street and avoiding the creation of any significant adverse impacts upon the amenity of the locality.

The site is suitable for the proposed development, the proposal does not conflict with the public interest, and there is unlikely to be negative impacts arising from the proposed development. Accordingly, the application is worthy of support and recommended for approval, subject to recommended conditions.

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0691 for Attached Dual Occupancy and Strata Subdivision at Lot 354 DP 241114 (No. 5) Ridge Street, South Penrith be received.

2.    The objection under State Environmental Planning Policy No. 1 (Development Standards) to the rear setback development standard of Penrith Local Environmental Plan 1998 (Urban Land) be supported.

3.    Development Application DA14/0691 for the demolition of existing structures, erection of an attached dual occupancy & strata subdivision at Lot 354 DP 241114 (No. 5) Ridge Street, South Penrith be approved subject to the following conditions:

Special Conditions

3.1 No fencing is permitted within the development's setback to Ridge Street.

 

3.2 Prior to the issue of a Construction Certificate and the commencement of any works on site an Arborist's Report must be submitted and approved by Council . The Report must be included as part of the construction plans to be used on site and must include the following:

•    An assessment of the existing gum tree and the possibility of its retention including recommendation for relocation of fencing, stormwater and/or construction techniques.

•    Details and specifications for the implementation of tree protection measures for all trees to be retained on site. These trees must be retained and protected in accordance with the Arborist's Report recommendations and AS 4970 -2009.

 

All trees approved by Council for removal shall be removed in a manner so as to prevent damage to those trees that are to be retained. All precautions shall be taken to adequately protect trees on public property (i.e. footpaths, roads, reserves, etc) against damage during construction. No trees on public property shall be removed, pruned or damaged during construction – this includes the erection of any fences, hoardings or other temporary works. The placement of construction materials beneath the canopy of street trees is prohibited.

 

 

3.3 Prior to the issue of a Construction Certificate and the commencement of works a revised Landscape Plan must be submitted and approved by Council. The revised landscape shall incorporate the following requirements:

•    The recommendations of the Aborist’s Report required by Special Condition (3.2)

•    Retention of existing trees along the rear boundary which do not conflict with the building footprint or use of the development.

•    The planting of a total of two (2) street trees. One (1) tree within the road reserve of each Ridge Street and Gilda Avenue.

•    Suitable replacement trees (preferably native trees) capable of and nurtured to grow to at least ten (10) metres in height at maturity, must be planted in a suitable location within the property.  Replacement trees must be planted prior to the issue of an Occuaption Certificate. Such replacement planting shall be at a rate of one replacement tree per one tree required to be removed.

•    Revised fencing set out.

 

All landscape works are to be constructed in accordance with the approved plan and Sections F5 “Planting Techniques”, F8 “Quality Assurance Standards” and F9 “Site Management Plan” of Penrith Council’s Landscape Development Control Plan.

 

Landscaping shall be maintained:

•    in accordance with the approved plan, and

•    in a healthy state, and in perpetuity by the existing or future owners and occupiers of the property.

 

If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity as the vegetation which died or was removed.

 

Standard Conditions

A001 Approved plans that are architecturally drawn

A008 Works to BCA requirements A009

A019 Occupation Certificate

A039 Graffiti

A046 Obtain a Construction Certificate

B001 Demolition of Existing Structure B002

B003 Demolition and disposal to an approved landfill site

B004 General Asbestos

B005 Dust

B006 Mud/Soil

D001 Implement approved sediment & erosion control measures

D007 Filling of land

D009 Covering of waste storage area

D010 Appropriate disposal of excavated or other waste

E001 BCA compliance

F006 Water tank & nuisance

G003 Section 73 Certificate

G004 Integral Energy

G005 Rainwater Tank Plumbing

H001 Stamped plans

H002 All forms of construction

H033 Clothes Line

H036 Rainwater tank

H037 Safe supply of water from catchment

H041 Hours of Work

I003 Roads Act Approval

K016 Stormwater

K041 Infrastructure Bond

L002 Landscape Construction

L003 Report Requirement

L005 Planting of a Plant

L006 Landscaping Australian Standards

L008 Tree Preservation Order

N001 Section 94 Contributions (x 3)

Q009 Strata Certificate

Q01F Notice of Commencement of Appointment of PCA

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0691 - Locality Plan

1 Page

Appendix

2.  

DA14/0691 - Site Plan

1 Page

Appendix

3.  

DA14/0691 - Ground Floor Plan

1 Page

Appendix

4.  

DA14/0691 - Elevation Plan Northern and Eastern

1 Page

Appendix

5.  

DA14/0691 - Elevation Plan Southern and Western

1 Page

Appendix

  


Ordinary Meeting                                                                                                           27 October 2014

Appendix 1 - DA14/0691 - Locality Plan

 

Description: \\penrith\council\BP\Attachments\ORD\2014\27 Oct\DA14-0691 - Locality Plan.tiff


Ordinary Meeting                                                                                                           27 October 2014

Appendix 2 - DA14/0691 - Site Plan

 

Description: \\penrith\council\BP\Attachments\ORD\2014\27 Oct\DA14-0691 - Site Plan.tif


Ordinary Meeting                                                                                                           27 October 2014

Appendix 3 - DA14/0691 - Ground Floor Plan

 

 

Description: \\penrith\council\BP\Attachments\ORD\2014\27 Oct\DA14-0691 - Ground Floor Plan.tif


Ordinary Meeting                                                                                                           27 October 2014

Appendix 4 - DA14/0691 - Elevation Plan Northern and Eastern

 

 

Description: \\penrith\council\BP\Attachments\ORD\2014\27 Oct\DA14-0691 - Elevation Plan Northern and Eastern.tiff


Ordinary Meeting                                                                                                           27 October 2014

Appendix 5 - DA14/0691 - Elevation Plan Southern and Western

 

Description: \\penrith\council\BP\Attachments\ORD\2014\27 Oct\DA14-0691 - Elevation Plan Southern and Western.tiff


Ordinary Meeting                                                                                             27 October 2014

 

 

 

7

Badgerys Creek Airport - Stationery   

 

Compiled by:               Elizabeth Hanlon, Senior Planner

Authorised by:            Ruth Goldsmith, Executive Manager - City Planning and Community 

Requested By:            Councillor Kevin Crameri OAM

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

 

Executive Summary

This report provides background on when Council stopped putting the ‘No Airport’ message on its stationery.  It also outlines the current situation in relation to detailed information on the proposed second Sydney airport at Badgerys Creek and the next steps proposed to help inform Council’s position on the current proposal, including its communications.

Background

At Council’s Policy Review Committee meeting of 13 October 2014, Councillor Kevin Crameri OAM requested that an urgent report be brought to the next Ordinary Meeting which addresses when Council stopped putting the ‘No Airport’ message on Council stationery and outlines when a ‘No 24 Hour Airport at Badgerys Creek’ message on stationery might be appropriate. 

 

For a number of years, Council’s stationery included a logo and message stating ‘No Airport in Western Sydney’.  The logo and message was one element of a broader campaign to oppose the second airport at Badgerys Creek, as proposed by the Federal Government in 1996.  This campaign involved nine other councils, WSROC and a number of community groups from Western Sydney.  The campaign resulted, initially, in the Federal Government announcing the deferral of Badgerys Creek as an option for the second Sydney airport.  Later, the Federal Government of the day advised that Badgerys Creek would not be the site of a second airport.  On this basis, the logo and message became redundant.

Current Situation

Councillor Crameri OAM has requested that Council’s stationery now include a message stating ‘No 24 Hour Airport at Badgerys Creek’.  Since the Federal Government’s announcement in April 2014 that Badgerys Creek is to be the site for a second Sydney airport, Council’s officers have been seeking clarification about the nature of the airport, the timing of critical steps, the plans for community engagement, the proposed environmental assessment process and other matters.  Although much of the detail is currently being worked out and is still to emerge, it is proposed to brief Council this year on what we know at this point.  This information will help to inform the position that Council may take in relation to the current airport proposal, including how Council can best communicate its key messages.

 

 

 

 

 

RECOMMENDATION

That the information contained in the report on Badgerys Creek Airport - Stationery be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

8        Roads to Recovery Funding Allocations 1 July 2014 to 30 June 2019                           74

 

9        Nepean River Green Bridge - Review of Environmental Factors                                   76

 

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

 

 

8

Roads to Recovery Funding Allocations 1 July 2014 to 30 June 2019   

 

Compiled by:               Hans Meijer, City Works Manager

Authorised by:            John Gordon, Acting Executive Manager - City Assets  

 

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 report recommends that the information be received and that Council accept the total allocation of $6,316,595 from the Australian Government under the Roads to Recovery program for the period 1 July 2014 to 30 June 2019.

Background

The Roads to Recovery Program initially commenced because of strong and united local government campaigning in 2000. Further campaigns by local government have been very successful with two extensions to the Program and a funding increase to $350m per annum in 2009. By the time these programs finished in June 2014 a total of over $4.5 billion in additional funding has been provided to local councils. The annual allocation for funding to Penrith City Council from 2009/10 to 2013/14 was $1,038,529.

 

Since the introduction of the Roads to Recovery Program in 2000 Council has received $12,497,801 in funds under this program which has allowed a total of 619,000sqm (7.7% of the road network) to be either resurfaced or reconstructed. This has been a substantial contribution to the overall management of Council’s extensive network of local and regional roads.

 

Council has been advised by The Hon Warren Truss MP, Deputy Prime Minister that “In addition to our commitment to maintain Roads to Recovery funding at the current level of $350 million per annum, the 2014 Budget announced that a further $350 million will be provided in 2015-16. This brings total funding to for the programme to $2.1 billion over the five years to 2018-19 and the additional funding in 2015-16 means that each council will receive the equivalent of one extra year’s Roads to Recovery funding.”

 

Over the life of the 1 July 2014 to 30 June 2019 Roads to Recovery Programme a total of $6,316,595 is allocated to Penrith City Council. This amount includes the double payment in 2015-16 and is allocated as follow:

 

Financial Year

Allocation

2014-15

$1,052,766

2015-16

$2,105,531

2016-17

$1,052,766

2017-18

$1,052,766

2018-19

$1,052,766

 

As per the adopted 2014/15 Operational funding plan, the Roads to Recovery Program for 2014/15 has been allocated to the rehabilitation of the 2.5km of roads as follows:

 

-     Eighth Avenue (Terrybrook Road to Third Avenue), Llandilo

-     Sixth Avenue (Terrybrook Road to Third Avenue), Llandilo

-     Wrench Street (Victoria Street to Cambridge Street), Cambridge Park

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads to Recovery Funding Allocations 1 July 2014 to 30 June 2019 be received.

2.    Council accept the allocation of $6,316,595 from the Australian Government under the Roads to Recovery Program.

3.    Council write to the Federal Government formally thanking them for the funding under the Roads to Recovery Program.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             27 October 2014

 

 

 

9

Nepean River Green Bridge - Review of Environmental Factors    

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

Authorised by:            Adam Wilkinson, Acting Executive Manager - Environment & City Development  

 

Outcome

We can get around the City

Strategy

Improve the City's footpaths and shared pathway network

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 assess the Review of Environmental Factors (REF) prepared by Roads and Maritime Services, which evaluates the potential environmental impacts of, and recommends a range of safeguards for the proposed Nepean River Green Bridge.  The report recommends that Council prepare a written submission to Roads and Maritime Services as part of the exhibition process for the REF.

Background

Since early 2012, Council has been working closely with Transport for NSW and Roads and Maritime Services (RMS) on the development of the “Nepean River Green Bridge” project.

 

Throughout this process, Council has provided input into the objectives and design elements of the bridge and through the interagency Steering Committee,  Council has participated in the selection of the preferred design option, being the KI Studio design (single span truss). 

 

The Roads and Maritime Services is continuing to progress the detailed design aspects of the bridge and the associated Review of Environmental Factors, which have been on public exhibition since 17 October, 2014.   This report describes the aspects of the proposed bridge, the statutory requirements and summarises the findings of the REF.  The report recommends that Council prepare a written submission to Roads and Maritime Services. 

 

Current Situation

The REF describes the works associated with the proposed bridge for pedestrians and cyclists as follows:

 

·    A five span bridge and approaches with a total span of 288m and a bridge deck width of 4.6m;

·    The main bridge spans approx 175m, which spans the majority of the Nepean River;

·    A triangular steel truss main span is 11m high above the bridge deck;

·    Maximum deck clearance approx 14.5m above the Nepean River;

·    Timber bridge hand rails;

·    One cantilevered timber terrace and three balconies for viewing;

·    Three shade canopies;

·    Lighting for the bridge and connecting shared paths;

·    3m wide shared-use path connecting the Great Western Highway, Emu Plains to the western side of the bridge;

·    Retaining walls along the shared path between western side of bridge and Great Western Highway, Emu Plains; and between the eastern side of the bridge and Memorial Avenue, Penrith;

·    Landscaping surrounding;

·    Utility relocations;

·    A boardwalk around the eastern abutment to maintain a footpath connection under the bridge between Old Ferry Road and Nepean Rowing Club. 

 

The concept design is subject to detailed design together with engineering constraints and evaluation.

 

Statutory Situation

 

The “Nepean River Green Bridge” is an RMS project and in accordance with the relevant legislation, the RMS is required to prepare an REF for the project.  The REF must take into account to the fullest extent possible all matters likely to affect the environment.  

 

The  REF must give consideration to a number of factors to determine the likely impacts of an activity.  This includes consideration of the

·    environmental impact on the community;

·    transformation of a locality;

·    ecosystems;

·    aesthetic, recreational, scientific or other environmental quality or values of a locality;

·    places of anthropological, architectural, cultural, historical or social significance;

·    likelihood of endangering fauna and flora;

·    any degradation of the environment;

·    risk to safety;

·    beneficial uses;

·    pollution; 

·    waste; and

·    cumulative environmental effects on existing or future activities.

 

A number of other legislative requirements apply and have been addressed in the REF prepared by RMS.  

 

Review of Environmental Factors

NGH Environmental, on behalf of the Roads and Maritime Services, has prepared a comprehensive Review of Environmental Factors (REF), Volumes 1 & 2, dated September, 2014 for the Nepean River Green Bridge project.  As well as describing the process of the bridge location, design development,  consultation results with the various stakeholders, and construction management, the environmental assessment includes detailed investigations into:-

 

·    socio economics and land use

·    landscape character and visual amenity

·    Aboriginal heritage

·    non Aboriginal heritage

·    traffic and access (including waterway traffic)

·    noise and vibration

·    hydrology

·    topography

·    soils and water quality

·    biodiversity

·    air quality

·    resource and waste management

·    climate change impacts

·    cumulative impacts.

 

A number of comprehensive appendices form part of the REF, investigating the above environmental aspects. 

 

The REF identifies major beneficial outcomes as

·    providing safe crossing over the river

·    integrates with nearby parks and recreational areas

·    integrates with future recreational areas proposed under “Our River” Master Plan

·    potential for the bridge to become a “destination” and “landmark” feature for Penrith

·    will generate community health benefits by encouraging exercise, recreation and active transport

·    with only one pier in the water, the bridge will avoid impact to rowing community

 

The REF identifies potential adverse impacts as

·    Construction noise

·    Temporary access restrictions

·    Temporary impacts to rowing community

·    Flooding impacts

·    Minor removal of vegetation

·    Visual and lighting effects to residents

·    Loss of privacy to residents

 

A range of environmental safeguards (104 in total) would be incorporated into the detailed design phase, and during construction and operation of the proposal.  These safeguards would minimise any potential adverse impacts arising from the proposed works on the surrounding environment. 

 

It must be ensured that these mitigation measures are incorporated into the Project Environmental Management Plan and the Contractors Environmental Management Plan, where relevant, so that environmental impacts are managed appropriately throughout the construction period. 

 

Consultation

The REF has been on public exhibition for four weeks to 17 October, 2014, which has included a letterbox drop, public display at Penrith Library and two community information sessions on Thursday 9 and Saturday 11 October, 2014.

 

RMS has consulted Council, as the development is likely to have an impact on Council related infrastructure or services, and as the development is likely to have an impact that is not minor or inconsequential on a local heritage item or heritage conservation area.

 

Further, RMS presented the concept design to Council’s Access Committee on 8 October, 2014 to update the Committee with the various accessibility issues and constraints related to the bridge, such as

·    Wide access of 4.6m for the shared-use path;

·    Ramp gradients directly associated with the required height and span of the bridge;

·    One cantilevered timber deck and three balconies for viewing;

·    Security lighting and architectural lighting;

·    Passive surveillance;

·    Requirements for a road safety audit;

·    Removable bollards to prevent vehicular traffic;

·    Access for small emergency vehicles.

 

During these discussions, the Access Committee raised issues such as

·    seating

·    path width

·    potential conflicts between pedestrians, cyclists and scooters

·    vehicular access

·    lighting

·    ramp grades

·    surface treatment, and

·    safety screens.

 

Council assessment 

The REF has been assessed by Council officers responsible for those specific areas.   A copy of Council’s draft submission is attached to the report. (Appendix 1)

 

Conclusion

In accordance with the relevant legislation, the Review of Environmental Factors (REF) examines in detail all matters affecting or likely to affect the environment by reasons of the proposed construction of the “Nepean River Green Bridge” and associated works.   It recommends works that will assist in mitigating likely environmental impacts as much as possible.  

 

Many of the likely adverse environmental impacts are considered to be either temporary (during demolition/construction) or subjective (visual quality).   More positive impacts relate to the design of the bridge being a potential “landmark” for Penrith, providing a safe crossing of the river by pedestrians and cyclists.  The new river crossing will generate community health benefits by encouraging existing and new users to walk or cycle in the locality for exercise, recreation and commuting. 

 

As part of the exhibition process of the REF, it is recommended that Council prepare a written submission to RMS which will include the request that all listed recommendations and measures to mitigate the potential impacts of the proposal are to be reviewed regularly throughout the process of development and adopted to ensure that the various likely environmental impacts are reduced as much as possible and managed effectively.

 

RECOMMENDATION

That:

1.    The information contained in the report on Nepean River Green Bridge - Review of Environmental Factors be received.

2.    A written submission be provided to the Roads and Maritime Services in response to the exhibition of the Review of Environmental Factors.

 

ATTACHMENTS/APPENDICES

1.  

Summary REF Comments Oct2014

5 Pages

Appendix

  


Ordinary Meeting                                                                                 27 October 2014

Appendix 1 - Summary REF Comments Oct2014

 

Appendix 1

 

 

Draft Submission

 

Nepean River Green Bridge - Review of Environmental Factors

 

The REF has been assessed by the Council officers responsible for those specific areas and comments have been provided for the consideration of RMS.

 

 

Socio economics and land use

 

Setting up Hotline

Due to the strong community interest of the project and its likely impact on the local residents, it is paramount for Roads and Maritime to continue the dialogue with the local community.  It is particularly crucial during the time of construction, periods where large heavy vehicle movements occur and the noise, vibrations and disruptions to local access take place.

 

In addition to advertisements in local newspapers and letter box drops as proposed, it is suggested that an RMS hotline (preferably 1800 number) be set up.  Local residents can ring the contact number to raise their concerns or make enquiry during the construction phase of the project.

 

Place making and Public Arts

 

According to the State Government, the Nepean River Green Bridge aims at becoming an “iconic bridge”, “a regionally significant structure that distinguishes Penrith from other places” and “a destination” (Page 30 under 5.3.5 Creation of sense of place and identity).

 

This is a great opportunity to include place making through the utilisation of quality public art that will support the location and design of the bridge which would be pivotal in establishing a new sense of place for the Penrith community.  It may also be useful to implement strategies to reduce tagging on the plain concrete retaining walls and pathways shown in Figures 3-9 and 3-10.

 

Penrith City Council has a Place making and Public Art Policy and a Heritage Interpretation Plan for the Great River Walk that will be relevant in creating a sense of place and identity.  We would request that these objectives be incorporated in the NRGB project.

 

Landscape character and visual amenity

 

Visual Impact

The impact of the utility adjustments (specifically the power line relocation – lines and supporting structures) do not appear to have been adequately considered / indicated.

 

The report references the visual impact of the proposed structure being screened by existing dense vegetation/tree planting. It should be noted that both the adopted Our River (OR) Landscape Masterplan and the Draft Our River Vegetation Management Plan (VMP) recommend “enhancement of views / vistas in key locations” (OR Masterplan p.58-61) and, “removal of vegetation for views in key locations once offset areas of native vegetation have been established” (subject to statutory approvals – VMP Section 5). These two reports complement each other in terms of management actions and future desired outcomes for the river precinct and indicate proposed locations for future removal of vegetation to allow views and vistas to the river (and hence also the Green Bridge).  We would request that the objectives be incorporated in to the NRGB project.

 

 

 

Site 3 – Western end of Jamison Road

It is understood that Site 3 is only a possible construction site option at this stage. The following should be taken into consideration when finalising construction site locations:

The presence of EEC’s in this location (as noted in the REF and also in the DRAFT Our River Riparian Vegetation Management Plan (p.10 to 15). Whilst the REF notes the removal of EEC in this vicinity would be minor the VMP advises it would be desirable to retain these communities intact: http://www.penrithcity.nsw.gov.au/uploadedFiles/Content/Website/Our_City/Environment/Our_River_Masterplan/OurRiverVMP.pdf The VMP will go to Council for endorsement in November.

 

There are plans to install a new playground in Tench Reserve to the south of the power lines adjacent to Site 3 in early 2015 (utilising existing amenities and car parking in the vicinity).  Major bridge construction works in this area would need to consider the proposed impact on this playground.

 

 

Aboriginal heritage

 

Mr Steve Randall, Senior Cultural Heritage Officer, Deerubbin Land Council has advised in relation to Appendix C – Aboriginal Heritage component that a survey over the area has been carried out and it is recommended that a further test (assume archaeological) is to be undertaken at Tench Reserve if the area is to be impacted upon in regards to the Bridge construction.

 

Non Aboriginal heritage

 

The report identifies the 15 surrounding heritage items in the vicinity and discusses potential impacts likely as a result of the proposed bridge and associated works.  Most of the impacts relate to construction and vibration, however, these are described as temporary.  Visual impacts to views and settings are also listed but are considered as minor. The report recommends works that will assist in mitigating those impacts as much as possible.

 

It is clear that the locality has a substantial history and this should be reflected in as many ways as possible, in the final design and surrounding interpretive works that will annunciate this to everyone living near and visiting the bridge.  The bridge itself will become the new river crossing at the place of the original ferry crossing and as such should positively highlight the history of the area.

 

Traffic and access

 

Pedestrian and cyclists paths surrounding the Bridge site include the Great River Walk (shared-use path and footpaths), shared-use paths constructed as part of the previous “NSW Bike Plan – River Cities Program” and current shared-use paths proposed as part of RMS’ “Active Transport Program”, along Great Western Highway, between River Road and Russell Street, Emu Plains.

 

Victoria Bridge access for cyclists is constrained on the footpath and dangerous over the road, with on-road cyclists often being overtaken by impatient drivers.    A review of the speed limit over Victoria Bridge was being undertaken by RMS, however, Council is not yet aware of the outcome of those investigations.

 

There has been some informal discussion in the community questioning whether the existing footpath over Victoria Bridge should be removed after opening of NRGB.  In this way it has been suggested that the two vehicular travel lanes could be widened, improving vehicular access to a minor extent and prohibiting pedestrian access.   It has also been indicated that during times of maintenance/graffiti removal, public access over NRGB would be required to be closed.  If these two scenarios occur, there would be no pedestrian/cyclist access over Nepean River, without travelling some 2.5kms to the M4 bridge.  This scenario would be unacceptable and should be clarified or resolved as a significant potential operational impact.  

 

It must be recognised by the community that experienced cyclists, especially those travelling from the west, are likely to continue to use Victoria Bridge due to the ease of access and maintenance of their travel speed with no pedestrian conflicts.  Council and RMS will investigate options to encourage road cyclists to make safer right hand turns from Great Western Highway into River Road and/or Punt Road to access and encourage further use of NRGB by road cyclists.

 

The possible use of part of the car park in River Road as a compound site and the northern end of Memorial Avenue, will create adverse impact to those people who enjoy the River and the “Bridge to Bridge” Loop, who are not only nearby residents, but residents of the LGA, and visitors from regional areas and beyond.   Car parking along River Road is limited and additional on-street parking should not increase adverse impacts to residents.  Alternative parking which may be said to be available at Tench Reserve is not practical for those travelling from the west.  Ease of parking and access must be maintained in order that the recreational use of the paths around the river continues throughout the construction phase of the new bridge.    

 

As the footpath under Victoria Bridge (eastern side) will be closed during construction, the report indicates that temporary alternative safe crossing across Great Western Highway on the eastern side of the river for pedestrians and cyclists will be investigated.    Council has previously made some preliminary investigations and requested RMS to consider the potential for a safe crossing location, approximately 50m south Bruce Neale Drive.  This location provides sight distances of 100m in each direction and could reasonably cater for pedestrians/cyclists travelling to and from most directions.  Given the current and future number of pedestrians and cyclists in the locality, particularly once the Log Cabin/Memorial Avenue site is closed to access, this matter should be fast tracked by RMS.

 

 

Noise and vibration

 

General Environmental Management

Key impacts were identified, including noise and vibration impacts, and those impacts on soils, water quality, and air quality.  The approach to mitigating these impacts was then provided and this was quite detailed.  It needs to be ensured that these mitigation measures are incorporated into the Project Environmental Management Plan and the Contractors Environmental Management Plan, where relevant, so that environmental impacts are managed appropriately. 

 

In terms of the Construction Noise and Vibration Assessment (prepared by Renzo Tonin & Associated (NSW) Pty Ltd dated 13 August 2014), the document was prepared in accordance with the relevant guideline documents and suitable noise and vibration criteria were established.   It was found that:

 

§ The noise associated with the construction activities would exceed the criteria at those residences closest to the construction sites.  Although the noise generated will depend on the works being undertaken, measures have been recommended across the construction program to reduce noise levels as much as possible.  (There will still be impacts.)

§ For the activities that may be undertaken during the night time, they would generally comply with the sleep disturbance criteria. 

§ The traffic noise generated by night-time activities (deliveries) on local roads was found to exceed the relevant criteria.  However, it was noted that this traffic is temporary, and will only occur 2-3 nights each fortnight.

§ Vibration impacts were also assessed, and it was found that the risk of structural damage and adverse human disturbance impacts was very low.  However, recommendations were still made to minimise impacts.

 

As with the other environmental impacts, mitigation measures have been proposed in the Assessment, and then these have been included in the Main Report of the REF.  Section 6.5.5 of the Main Report provides an indication of how the recommendations of the Assessment will be incorporated into the construction program as the proposal moves forward.  Again, these mechanisms need to be implemented, and reviewed regularly throughout the construction phase of the development, to ensure that the noise and vibration impacts are managed effectively.

 

Hydrology

 

The REF recognises that the construction of a new bridge into the river environment will introduce challenges in terms of flood implications; both during and post construction. Impacts on flood behaviour (levels and velocities), as well as turbulence and scour have been considered. Lyall & Associates’ (Appendix J) has provided detailed analysis and assessment based on the flood modelling. Whilst there are some minor impacts, the approximations and assumptions made are considered acceptable in principle.

 

 

Biodiversity

 

Vegetation Clearing – a total of between 0.05 and 0.12 hectares, associated with potential construction sites:

·      Site 1, Eastern side between GWH and Old Ferry Road – 30m of one row of Casuarina sp. This site includes foraging habitat for the Glossy Black Cockatoo (Calyptorhynchus lathami) (Vulnerable under the NSW TSC Act).

·      Site 2, Western side between GWH and Punt Road– 0.05 ha or mostly Casuarina sp. And additional planted, non-locally endemic species. This site includes foraging habitat for the Glossy Black Cockatoo (Calyptorhynchus lathami).

·      Optional Site 3, Western end of Jamison Road – 0.045 ha of River Flat Eucalypt Forest (Endangered Ecological Community under the NSW Threatened Species Conservation Act 1995) (Vulnerable under the NSW TSC Act).

0.015 ha of planted trees including at least two large and one juvenile Red Cedar (Toona ciliata) and one fig tree within the parkland. Red Cedar is rare in the Sydney region.

This site includes foraging habitat for the Greyheaded Flyingfox (Pteropus poliocephalus) (Vulnerable under the NSW TSC Act and the Commonwealth EPBC Act).

·      Optional Site 4, Southern end of Nepean Avenue – 0.07 ha of disturbed vegetation and planted trees. This site includes foraging habitat for the Greyheaded Flyingfox (Pteropus poliocephalus) (Vulnerable under the NSW TSC Act and the Commonwealth EPBC Act).

·      Assessments of Significance have determined that there is not likely to be a significant impact on any Threatened Species provided that the proposed mitigation measures are implemented. It is also strongly recommended in the Biodiversity Assessment that Site 3 not be used and that Site 4 should be used as a first option.

 

Impact on Aquatic Habitat and Species

·      Impacts on aquatic habitats and aquatic flora and fauna as a result of potential erosion and sedimentation of waterbodies include:

Reduction of water quality such as increased turbidity and/or increased nutrient levels.

Reduction of light penetration (as a result of increased turbidity) and subsequent reduction of aquatic macrophytes (loss of habitat).

Potential sedimentation of aquatic habitats including but not limited to rocky areas, riffles potentially located downstream and macrophytes (loss of aquatic habitats)

·      Instream structures can also directly impact and remove aquatic habitat through reclamation and/or dredging. This may include the loss of instream aquatic vegetation and/or snags located within the footprint of any proposed instream structures such as temporary or permanent piers. Impacts would be localised and some large woody debris may need to be relocated at the location of the abutments.

·      5 Threatened Fish Species have potential to be affected by the works, however all species only have the potential to occur. The report concludes that no species will be significantly impacted by the works.

 

Mitigation Measures

The Biodiversity Assessment prepared by NGH Environmental (July 2014) identifies a number of mitigation measures that are to be implemented to ensure that impacts on biodiversity are minimised and that no significant impacts occur. These have been incorporated into Table 7-1: Summary of site specific environmental safeguards of the Nepean River Green Bridge - Review of Environmental Factors (Main report). The following modifications to items in this table are recommended:

 

·      #73 – Add to point 2: “Feed trees are to be identified and marked by an ecologist prior to commencement of works.”

·      #75 – “Revegetation of any bare soil or cleared areas with locally-occurring native flora species typical of the original habitat (specifically River-Flat Eucalypt Forest) will be undertaken to improve habitat for both native and threatened species that have the potential to occur in the area.”

 

As outlined above, it is strongly recommended that Optional Site 3 (western end of Jamison Road) not be used.  All efforts should be made to avoid use of this site.

 

 

 

 

* * *

 

 

 

 

 

 

 


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

10      Tender Reference 14/15-10 Provision of All Age Health and Fitness Zone at Jamison Park       87

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

 

 

10

Tender Reference 14/15-10 Provision of All Age Health and Fitness Zone at Jamison Park   

 

Compiled by:               Mladen Mejakic, Project Officer - Capital Works

Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

The provision of an All Age Health and Fitness Zone (AAHFZ) at Jamison Park is integrated in the proposed broad ranging facility upgrading of Jamison Park. These facilities will contribute to increase participation in sport and recreation facilities in Jamison Park, promoting healthier lifestyles, community interaction and social engagement.

 

This project was previously brought to the Ordinary Meeting on 25 August 2014 where Council resolved that Council not accept any tender and that new tenders are invited based on amended tender documentation.  The subsequent Tender (RFT 14/15-10) for the Provision of an AAHFZ at Jamison Park was advertised in the Western Weekender on 5 September 2014 and in the Sydney Morning Herald on 9 September 2014. The Tender closed on 30 September 2014.

 

This report advises Council on the outcome of the Tender process and recommends that the Tender from Design Landscapes Pty Ltd be accepted for the full scope of works outlined in the RFT 14/15-10, for a total amount of $542,430 (excluding GST).

Background

Council has received grant funding of $934,901 from NSW Department of Trade and Investment, Regional Infrastructure and Services – Office of Liquor, Gaming and Racing, for the purpose of upgrading facilities at Jamison Park. A further contribution of $601,531 from the District Open Space Contributions Plan has been allocated to the facilities upgrade at Jamison Park, allowing for the provision of an AAHFZ.

 

The scope of works for the provision of an AAHFZ at Jamison Park includes:

 

-     Multi-sport activity court,

-     Outdoor health and fitness gym area,

-     Seniors outdoor health and fitness gym,

-     Physical activity equipment for 8-15 year olds,

-     Outdoor fitness gym trail,

-     Outdoor table tennis area,

-     Landscaping,

-     Pathways,

-     Seating, and

-     Picnic tables.

The Tender specified a range of specific equipment items which are of a known specification. In addition, this Tender allowed the provision of the option to provide alternative equipment items; however, a detailed technical and comparative analysis had to be provided against the nominated equipment.  The evaluation process included a comparison of the alternative options against the specified items where relevant.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Andrew Robinson (Recreation Manager), Ari Fernando (Major Projects and Design Coordinator), Mladen Mejakic (Project Officer), Jake Evans (Supply Officer- Contracts), and was chaired by Michael Jackson (Design & Projects Manager). The evaluation criteria advertised and used in assessing the Tenders received included the following:

 

-     Business References,

-     Demonstrated Ability,

-     Works Method and Program,

-     Financials,

-     Employment Policies (Apprenticeships),

-     Quality Assurance Systems,

-     Environmental Management Systems, and

-     Work Health & Safety.

 

A complete listing of the complying Tenders received is detailed below in price order (excluding GST).

 

Company

Tendered Price

Address

Directors

Design Landscapes Pty Ltd

$542,430

586 Willoughby Road,
Willoughby NSW 2068

Michael Platt

Lamond Contracting Pty Ltd

$593,022

84 Wilton Road
Wilton NSW

Philip Stephen Lamond

Furnass Landscaping Enterprises Pty Ltd

$599,796

30 Geelans Road Arcadia 2159

Ian Furnass

Glascott Landscape & Civil Pty Ltd

$638,213

Unit 4, 15 – 17 Chaplin Drive, Lane Cove, NSW 2066

Matthew Glasscott

Undercover Landscapes Pty Ltd

$644,178

6 Bannerman Road, Kenthurst, NSW, 2156

Paul Vale and Julie Vale

Hargraves Landscapes Pty Ltd

$677,651

Suite 1E / 802 Pacific Highway
Gordon NSW 2072

Ben Hargraves

Stone Will Pty Ltd

$835,211

Unit 6-19, Boden Road, Seven Hills NSW 2147

David Black

North Shore Paving Co Pty Ltd

$880,957

16 Moore Avenue
Lindfield West, NSW 2070

Ivan K.Tarjan and  Ivan S.G. Tarjan

 


Tenderers were also given the opportunity to provide and submit a price for alternative equipment items;

 

-     3.6 – Outdoor gym/agility and co-ordination equipment,

-     3.7 – Playground equipment, and

-     3.8 – Ball court (including two Ball Court retention panels).

 

A complete listing of the Tenders received considering the Tender Alternative Pricing is detailed below in price order, including the amount saved in comparison to the complying Tendered price (ex GST).

 

Company

Alternative Tender Price

Saving

Equipment Items & Supplier

Design Landscapes Pty Ltd

$510,620

$31,810

3.6, 3.7 & 3.8 – Single supplier

Furnass Landscaping Enterprises Pty Ltd

$523,880

$75,916

3.6, 3.7 & 3.8 – Various suppliers

Lamond Contracting Pty Ltd

$558,119

$34,903

3.6 – Single Supplier

Undercover Landscapes Pty Ltd

$576,151

$68,027

3.6 & 3.8 – Various suppliers

Glascott Landscape & Civil Pty Ltd

$579,213

$59,000

3.6 & 3.7 – Various suppliers

Hargraves Landscapes Pty Ltd

$624,909

$52,742

3.6, 3.7 and 3.8 – Single supplier

Stone Will Pty Ltd

$830,372

$4,839

3.4 – Single supplier

North Shore Paving Co Pty Ltd

$880,957

Nil

N/A

 

The Committee were of the opinion that there was no advantage to give further consideration to the five highest tenders, which had been submitted by Undercover Landscapes Pty Ltd, Glascott Landscape & Civil Pty Ltd, Hargraves Landscapes Pty Ltd, Stone Will Pty Ltd and North Shore Paving Co Pty Ltd.

 

The remainder were evaluated in detail against the above evaluation criteria to determine the effectiveness ranking of the Tenders. Consideration was then given to the tendered price schedules to determine the best value for money solution with competency in technical aspects of the Tender. This assessment resulted in Design Landscapes Pty Ltd being the most effective tender:

 

Tender alternatives offered by the short listed Tenderers were assessed; however, it was determined that the alternative ranges offered minimal benefits or cost saving to Council, as items outlined in the technical specifications were missing, and specific fixtures were not included. Overall, the alternative ranges provided by Tenderers were not direct equivalents to what was detailed and specified in the complying Tender. For this reason, the Tender Evaluation Committee recommends the complying tender of Design Landscapes Pty Ltd.  The tender from Design Landscapes Pty Ltd was considered to be providing the highest ranking in terms of both effectiveness and price.


Recommended Tender

The recommended Company, Design Landscapes Pty Ltd, was selected based on their;-

 

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements; and

3)   Competitive price for the services offered.

 

Design Landscapes Pty Ltd is a Sydney based landscape company that specialises in the project management and construction of large scale commercial landscape projects. Established in March 1985, the business specialised in quality, high end residential projects, carried out on a design and construct basis before expanding into large scale commercial and local government projects in the mid 90s.

 

Design Landscapes Pty Ltd has demonstrated that they have appropriate construction experience in undertaking similar projects for local councils. They have successfully completed the Coachman’s Park Rehabilitation Project in September 2013 for Penrith City Council. They have well documented work health and safety management, environmental management and quality management systems. They have provided a detailed site specific establishment plan to meet the site constraints and have nominated sufficiently skilled staff to manage and supervise the project.

Financial Services Manager’s Comment

In addition to the independent reference checks, financial analysis and performance analysis on Design Landscapes Pty Ltd completed by Corporate Scorecard Pty Ltd in 2013 for Coachman Park project, a current Financial Statement was also requested and reviewed by Financial Services. Based on this review no concerns were raised as to the ability of Design Landscapes Pty Ltd to perform the works described. The tendered price for this project from Design Landscapes Pty Ltd is included in the available funding provided under the grant and via the District Open Space contributions plan.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the Provision of All Age Health and Fitness Zone at Jamison Park.  The TAG supports the process and the recommendations contained within the Report.

Conclusion

Design Landscapes Pty Ltd have shown a comprehensive understanding of the project and required scope of work which, is reflected in their individual item pricing, methodology, construction programme and overall Tender submission. They have substantial experience in work of the nature described within the Tender, demonstrating a proven track record of successfully completed projects.

 

The Tender Evaluation Committee is of the opinion that Design Landscapes Pty Ltd have the capacity and resources available for this project. Therefore, it is recommended that the Company be awarded the contract for a contract sum of $542,430 excluding GST.


 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 14/15-10 Provision of All Age Health and Fitness Zone at Jamison Park be received.

2.    Design Landscapes Pty Ltd be awarded the contract for Provision of All Age Health and Fitness Zone at Jamison Park for an amount of $542,430 (excluding GST).

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

11      Floodplain Management Association 55th Annual Conference & Second National Conference - 19 to 22 May 2015                                                                                                                 95

 

12      Fire & Rescue NSW - Impact of Fire Station Closures                                                   97

 

13      Tender Reference RFT 14/15-06 Construction of Andrews Road Bioretention System 100

 

 

 



Ordinary Meeting                                                                                             27 October 2014

 

 

 

11

Floodplain Management Association 55th Annual Conference & Second National Conference - 19 to 22 May 2015   

 

Compiled by:               Simone Vella, Engineering Services Secretary

Authorised by:            Michael Alderton, Acting Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

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

      

 

Executive Summary

The purpose of this report is to advise Council of the 55th Annual Floodplain Management Association (FMA) Conference and Second National Conference, to be held in Brisbane from 19 May to 22 May 2015, and to authorise the attendance of Council’s delegates.  The report recommends that Council nominate delegates to attend the 2015 FMA Conference.

 

Background

The Floodplain Management Association objectives are:

·     support the primary objective of the State Government’s Flood Prone Land Policy, namely to reduce the impact of flooding and flood liability on individual owners and occupiers and to reduce private and public losses from flooding

·     press for optimum financial assistance by State and Federal Governments to Flood Mitigation Authorities to implement the Government’s Flood Prone Land Policy

·     provide a forum for exchange of information and ideas related to flood mitigation

·     foster good relationships and effective liaison between the Association and Government departments.

 

To support these objectives, the Association holds a conference annually.

 

Current Situation

The 55th Annual Floodplain Management Association Conference and Second National Conference is to be held in Brisbane from Tuesday 19 May 2015 to Friday 22 May 2015.

 

The theme of this conference is “Building a Flood Resilient Australia”.  Council’s delegates to the FMA (confirmed at Council’s meeting of 24 September 2012) are Councillor Jim Aitken OAM, Councillor Kevin Crameri OAM and Councillor Jackie Greenow OAM, however at past conferences other available Councillors have also attended.

 

There are pre-conference workshops planned to precede the Conference.  These workshops will be held on Tuesday 19 May 2015 and further details, including travel and accommodation, will be provided at a later date.

 

Conclusion

 

Council is required to nominate delegates to the 2015 Floodplain Management Association Conference and Workshops to be held in Brisbane from 19 May 2015 to 22 May 2015.

 

RECOMMENDATION

That:

1.    The information contained in the report on Floodplain Management Association 55th Annual Conference & Second National Conference - 19 to 22 May 2015 be received

2.    Council nominate delegates to the 2015 Floodplain Management Association Conference and Workshops to be held in Brisbane from 19 May 2015 to 22 May 2015.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             27 October 2014

 

 

 

12

Fire & Rescue NSW - Impact of Fire Station Closures   

 

Compiled by:               Hans Meijer, City Works Manager

Laurie Cafarella, Emergency Management Co-ordinator

Authorised by:            John Gordon, Acting Executive Manager - City Assets 

Requested By:            Councillor Prue Car

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

Support emergency services and other agencies in preparing for and responding to emergencies

      

 

Executive Summary

At Council’s Ordinary meeting of the 25 August 2014 Councillor Prue Car requested a report be presented to Council about the impact of the recent NSW Government practice of closing fire stations, in the light of the fire at Kingswood on 1 August 2014. Cr Car further requested that the report address the impact of fire station closures on response times, given that Local Government funds 11.7% of the Fire and Rescue NSW budget.

 

The report recommends that the information contained in the report on Fire & Rescue NSW – Impact of Fire Station Closures be received.

 

Current Situation

Information available from the website of Fire and Rescue NSW stated that “at 12:44pm on 1 August 2014 the Agency was called to attend a grass fire at Copeland Street Kingswood. The fire started in grass and bushland behind the industrial complex in Copeland Street.

 

The fast-moving grass fire quickly impacted on an industrial area near Richmond Rd. Seventeen FRNSW fire trucks and several NSW RFS appliances attended making a combined response team of almost 100 firefighters. 

 

Fire fighting efforts were hampered by smoke and fumes rising from vehicles burning at the rear of site and the need to protect nearby buildings and a large bank of LPG cylinders.

 

At least one factory unit, shipping containers, and a number of trucks and cars were destroyed by the fire. An investigation is currently ongoing to determine the cause of the fire.”

 

Council officers contacted Fire and Rescue NSW on 4 September 2014 requesting further information regarding the fire on 1 August 2014. The details requested included the possible impact any station closures may have had in delaying a response to the fire.

 

Fire and Rescue NSW advised that Council’s request had been referred to their media unit for a response.

 

An initial response was received from the Fire and Rescue NSW media representative on 12 September 2014 confirming that the fire was initially reported as a grass and bush fire. The advice included the following information:

 “The first arriving crew, from Regentville, was on scene within 10 minutes, which is the Fire & Rescue NSW target response time in metropolitan areas. 

As soon as it became apparent that the Kingswood fire might impact on buildings, additional crews were sent to the fire. In total, there were more than 100 firefighters and 25 fire trucks at this fire. Through the efforts of these firefighters, all of the threatened businesses were saved and the only losses were shipping containers, old vehicle bodies and a shed.”

Given that this advice from Fire and Rescue NSW did not include details of fire station closures, clarification was sought regarding the Fire and Rescue NSW policy on fire station closures in general and impacts of these closures on response times. The following reply was received from the Acting Manager Government Relations.

“Fire & Rescue NSW does not have a policy on station closures. On any given day, across the Sydney Metropolitan Area, Fire & Rescue NSW has a network of between 96 and 109 permanently staffed fire trucks, rescue and specialist trucks ready to respond to emergency incidents. The network of permanent resources is supported by a number of retained (on-call) brigades.

Selected fire trucks and crews may be taken temporarily offline when there are insufficient personnel available to maintain a safe and effective crew, for reasons of absence through e.g. training, or bushfire hazard reduction burns. These decisions are made by experienced senior commanders on a day to day basis to ensure that appropriate response coverage for the community is always maintained.

Moving permanent firefighters and trucks around Sydney is a standard practice that is governed by proven risk management principles. It should be remembered that each fire truck and its crew is a mobile resource. Each truck is part of a large network of fire stations and trucks that are available to respond wherever they are needed. Modern technologies, including automatic vehicle location and computer aided dispatch systems, are used to ensure the closest available crews and trucks respond to emergency incidents. “

 

Local Government Financial Contributions

The Ministry for Police and Emergency Services (MPES)  collects statutory contributions to fund the State's fire and emergency services, consistent with the provisions of the Fire Brigades Act 1989, the Rural Fires Act 1997, and the