Council_Mark_POS_RGB

19 November 2014

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 24 November 2014 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Jackie Greenow OAM - 24 November 2014.

Councillor Jim Aitken OAM - 11 November 2014 to 15 December 2014 inclusive.

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 October 2014.

Extraordinary Council Meeting - 10 November 2014.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 8 October 2014.

Local Traffic Committee Meeting - 3 November 2014.

Policy Review Committee Meeting - 10 November 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 November 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


 


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 & 27/10/14)

 

 

 

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

2(Tu)

 

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 27 OCTOBER 2014 AT 7:36PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, 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 Mark Davies for the period 10 October 2014 to 10 November 2014 inclusive.

APOLOGIES

294  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch that the apology from Councillor Jim Aitken OAM be accepted.

 

Councillor Jackie Greenow OAM introduced to the Council Emily Pollock, Council’s Student Ambassador to Fujieda City, Japan.

 

Emily Pollock presented an appreciation letter from the Mayor of  Fujieda City, Japan to His Worship the Mayor, Councillor Ross Fowler OAM.

 

His Worship the Mayor, Councillor Fowler OAM read this letter to the Council and congratulated the Penrith International Friendship Committee and the Students Ambassadors. He noted that this year was the 30th anniversary of the Sister City Program with Fujieda City, Japan.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 29 September 2014

295  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the minutes of the Ordinary Meeting of 29 September 2014 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 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 as her son was employed by a company owned by the applicants for the development. Councillor McKeown stated that she would not participate in any debate of this matter and she would leave the meeting during consideration of this item.

 

Councillor Michelle Tormey declared a Non-Pecuniary Conflict of Interest – Less than Significant in COW Item 5 COW – Commercial Matter - Proposed Licence and Information Regarding Existing Temporary Car Park located at the corner of Rodgers & Somerset Streets, Kingswood ­as she has a family member employed by one of the organisations which is subject to the report. Councillor Tormey stated that she would not participate in any debate of these matters and she would leave the meeting during consideration of this item.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – Roads to Recovery Funding Allocations 1 July 2014 to 30 June

2019 as it mentions two roads which are in close proximity to his property.

 

Councillor Ben Goldfinch declared a Pecuniary Interest in Item 6 – Development Application DA14/0691 for Attached Dual Occupancy and Strata Subdivision at Lot 354 DP 241114 (No.

5) Ridge Street, South Penrith as the company he works for works for the Applicant. Councillor Goldfinch stated that he would not participate in any debate of these matters and he would leave the meeting during consideration of this item. 

 

Deputy Mayor, Councillor Greg Davies declared a Pecuniary Interest in Item 3 contained within Item 2 – Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014 as his spouse is the editor of a company subject to one of the matters to be discussed in the report. Councillor Davies indicated that he would not participate in any debate of these matters and he would leave the meeting during consideration of this item. 

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 3 contained within Item 2 – Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014 as he is a Director and Shareholder of a company subject to one of the matters to be discussed in the report and that he would vacate the Chambers while this matter was being considered.

 

Procedural

296  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that Councillor John Thain Chair the meeting for consideration of Item 3 contained within Item 2 - Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014 as both the Mayor and the Deputy Mayor will be leaving the Chambers during the consideration of Item 3 contained within Item 2 - Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014.

 

SUSPENSION OF STANDING ORDERS

297  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:48pm.

 

Mr Richard Smyth

 

Item 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

 

Mr Smyth, the applicant’s consultant, spoke in support of the Development Application before Council. He indicated that the population of the community is growing and that this facility would cater for this growing community.

 

Ms Dianne Pearson

 

Item 4 – Development Application DA 13/0311 for Residential Flat Building and Townhouses (49 units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park

 

Ms Pearson, a concerned neighbour, spoke in support of the recommendation proposed in the report for this Development Application. She indicated that she was disappointed by the lack of information by the developer Stockland regarding future possibilities of constructing multi storey housing in the area. She believed that multi storey housing was not in keeping with the estate and does not fit into the design and construction of adjoining houses. Ms Pearson also raised issues relating to  increased traffic and noise should this Development Application be approved.

 

Mr Glenn Harris

 

Item 4 – Development Application DA 13/0311 for Residential Flat Building and Townhouses (49 units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park

 

Mr Harris, a concerned neighbour, spoke in support of the recommendation proposed in the report for this Development Application. He drew Councillors attention to section 2.4 of the recommendations. He reiterated the reasons in this section as being indicators which supports the refusal of this development.

 

Ms Carly Jardin

 

Item 4 – Development Application DA 13/0311 for Residential Flat Building and Townhouses (49 units) and Associated Car Park at Lot 1311 DP 1161827, 119 Glengarry Drive, Glenmore Park

 

Ms Jardin, an affected person, spoke in support of the recommendation proposed in the report for this Development Application. She indicated that the design of the proposed development was inappropriate and was not in keeping with the quiet and family orientated environment of the estate. She also indicated that the high density style housing would increase traffic and parking issues. Ms Jardin also indicated that the design of the building would impede on the view of the Blue Mountains. She concluded that the Development Application would have a negative impact on the community.

 

RESUMPTION OF STANDING ORDERS

298  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Standing Orders be resumed, the time being 8:01pm.

 

Mayoral Minutes

 

1        Council awarded for Risk Management Practices                                                        

299  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on Council awarded for Risk Management Practices be received.

 Reports of Committees

 

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

300  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 13 October, 2014 be adopted.

 

Having previously declared a Pecuniary Interest in Item 2, His Worship the Mayor, Councillor Ross Fowler OAM vacated the Council Chambers at 8:06pm while Item 3 contained within Item 2 - Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014 was being considered.

 

Councillor John Thain took the Chair, the time being 8:06 pm.

 

Councillor Greg Davies left the meeting, time being 8:06pm.

 

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

Councillor John Thain having taken the Chair, brought forward for consideration Item 3 contained within Item 2 - Report and Recommendations of the Policy Review Committee Meeting held on 13 October 2014.

301  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Kevin Crameri OAM that Council not proceed with the appointment of a local newspaper at this stage and that the matter be returned to the Advertising Working Party in order to implement a tender process.

After considering the above item, Councillor John Thain vacated the Chair, the time being 8:07 pm.

 

Councillors Ross Fowler OAM and Greg Davies returned to the meeting, time being 8:08pm.

 

Councillor Ross Fowler OAM took the Chair, the time being 8:08 pm.

 

302  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 October, 2014 be adopted with the exception of Item 3 – Placement of Council news page having already been resolved above.

 

DELIVERY PROGRAM REPORTS

 

Procedural

303  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that Item 19 be considered first, to be followed by Item 4, before all other remaining business.

 

 


 

Outcome 7 - We have confidence in our Council

 

SUSPENSION OF STANDING ORDERS

304  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM that Standing Orders be suspended to allow for Council’s Auditor Mr Gary Mottau, a Director of Hill Rogers Spencer Steer to address the meeting, the time being 8:09pm.

 

Mr Mottau advised the Council that an unqualified audit opinion would be issued as a result of the audit. Further, Mr Mottau advised that the Council’s financial position was satisfactory.

 

19      Draft 2013-14 Financial Statements                                                                                

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

That:

1.    The information contained in the report on Draft 2013-14 Financial Statements be received

2.    Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The financial statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Code requires a phasing in of the new accounting requirements

b.   The statements comply with Australian Statements of Accounting Concepts

c.   The financial statements present fairly the Council's financial position as at 30 June 2014 and the operating result for the year then ended

d.   The statements are in accord with Council's accounting and other records.

3.    Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a.   The accompanying Special Purpose Financial report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The financial statements present a modelled scenario for comparative purposes. They do not report an actual result.

4.   Council confirm its endorsement of the budget in the knowledge that some of its business activities are not making commercial returns. The existence of notional subsidies represents Council’s commitment to its community service obligations.

5.   The Statements be forwarded to Council's Auditors.

6.   Abandonments for 2013-14 as detailed be written off.

7.  The balance of stores and materials be adjusted in the stores and materials registers in accordance with the various write-offs.

 

RESUMPTION OF STANDING ORDERS

306  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM that Standing Orders be resumed, the time being 8:16pm.

 

Outcome 2 - We plan for our future growth

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                                

307  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

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.

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

Outcome 1 - We can work close to home

 

1        Cost of Childcare Consumables

Councillor Bernard Bratusa left the meeting, the time being 8:22pm.

Councillor Bernard Bratusa returned to the meeting, the time being 8:23pm.

 

308  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia  Hitchen that the information contained in the report on Cost of Childcare Consumables be received.

 

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

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

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.

 

 

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                                                                        

310  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Michelle Tormey

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.

 

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

For

Against

 

Councillor Prue Car

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5, Councillor Karen McKeown left the meeting, the time being 8:50pm.

 


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

311  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that this matter be deferred to the Committee of the Whole in order to consider legal advice in relation to this matter.

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Councillor Karen McKeown returned to the meeting, the time being 8:51pm.

 

Having previously declared a Pecuniary Interest in Item 6, Councillor Ben Goldfinch left the meeting, the time being 8:51pm.

 

 

 

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                   

312  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Bernard Bratusa

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 Occupation 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

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

7        Badgerys Creek Airport - Stationery

Councillor Ben Goldfinch returned to the meeting, the time being 8:52pm.

 

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That:

1.    The information contained in the report on Badgerys Creek Airport - Stationery be received.

2.    Council revert to placing “No Airport at Badgerys Creek” back on Council stationery.

313 An AMENDMENT was moved by Councillor Ben Goldfinch seconded Councillor Greg Davies that the information contained in the report on Badgerys Creek Airport - Stationery be received.

Upon being PUT to the meeting, a DIVISION was called by Councillor Ross Fowler OAM with the following result:

For

Against

 

Councillor Prue Car

Councillor John Thain

Councillor Greg Davies

Councillor Michelle Tormey

Councillor Karen McKeown

Councillor Jackie Greenow OAM

Councillor Ben Goldfinch

Councillor Maurice Girotto                       

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa   

Councillor Marcus Cornish                       

Councillor Ross Fowler OAM

 

The AMENDMENT was CARRIED and became the SUBSTANTIVE MOTION.

The SUBSTANTIVE MOTION was PUT to the meeting, and a DIVISION was called by Councillor Ross Fowler OAM with the following result:

For

Against

 

Councillor Prue Car

Councillor John Thain

Councillor Greg Davies

Councillor Michelle Tormey

Councillor Karen McKeown

Councillor Jackie Greenow OAM

Councillor Ben Goldfinch

Councillor Maurice Girotto                       

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa   

Councillor Marcus Cornish                       

Councillor Ross Fowler OAM

 

The SUBSTANTIVE MOTION was carried.

 

Councillor John Thain left the meeting, the time being 9:21pm.

 

Outcome 3 - We can get around the City

 

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

Councillor Ben Goldfinch left the meeting, the time being 9:22pm.

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:24pm.

 

Councillor John Thain returned to the meeting, the time being 9:24 pm.

314  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

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.

4.     Council write to the Federal Member for Lindsay Ms Fiona Scott MP thanking her for her ongoing support of the City.

 

9        Nepean River Green Bridge - Review of Environmental Factors                                

315  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey

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.

 

Outcome 4 - We have safe, vibrant places

 

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

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

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.

 

 

Outcome 5 - We care about our environment

 

Councillor Marcus Cornish left the meeting, the time being 9:32pm.

 

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

 

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

317  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM

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’s delegates to the 2015 Floodplain Management Association Conference and Workshops to be held in Brisbane from 19 May 2015 to 22 May 2015 be Councillors Kevin Crameri OAM, Jackie Greenow OAM and Jim Aitken OAM, together with any other available Councillors.

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:37pm.

 

Councillor Marcus Cornish left the meeting, the time being 9:38 pm.

 

Councillors Kevin Crameri OAM and Marcus Cornish returned to the meeting, the time being 9:43pm.


 

12      Fire & Rescue NSW - Impact of Fire Station Closures                                                 

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

That:

1.    The information contained in the report on Fire & Rescue NSW - Impact of Fire Station Closures be received.

2.    Penrith City Council condemns the NSW State Government’s policies of closing fires stations which put lives and property at risk.

3.    Penrith City Council write to the State Members for Penrith, Mulgoa and Londonderry expressing our opposition to the current policies of closing fire stations.

 

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

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

That:

1.    The information contained in the report on Tender Reference RFT 14/15-06 Construction of Andrews Road Bioretention System be received.

2.    Collective Pty Ltd be awarded the contract for the construction of Andrews Road Bioretention System for an amount of $1,104,877 excluding GST.

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

 

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

 

Councillor Greg Davies left the meeting, the time being 9:45pm.

 

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

320  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Grant Application – Department of Social Services Housing and Homelessness Service Improvement and Sector Support Funding Program 2014 be received.

2.    Council endorse the submission for funding under the Department of Social Services Housing and Homelessness Service Improvement and Sector Support Program 2014 for the Penrith Homeless Outreach Service Hubs Project.  

 


 

15      Access Committee - Appointment of Community Members 2014-2016                     

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

That:

1.    The information contained in the report on Access Committee - Appointment of Community Members 2014-2016 be received.

2.    The following persons be appointed as community members on Council’s Access Committee for the two year term 2014-16:

Mrs Denise Heath

Mr Michael Morris

Mrs Farah Madon

Mr David Currie

Ms Emma Husar

Ms Carole Grayson

 

3.    A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Access Committee.

 

 

Outcome 7 - We have confidence in our Council

 

Councillor Greg Davies returned to the meeting, the time being 9:48pm.

 

17      Pecuniary Interest Returns                                                                                              

322  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Pecuniary Interest Returns be received.

2.    Council officers write to the Office of Local Government notifying that two designated employees did not lodge their pecuniary interest returns by the due date.

 

 

20      Proposal to amend the Council's 2014 Meeting Calendar                                           

323  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

That:

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

2.    Council’s meeting calendar be amended to transfer the Policy Review Committee Meeting scheduled for 8 December 2014 to 2 December 2014.

 

 


 

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

324  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 September to 30 September 2014 be received.

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

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

4.    The Agency Collection Methods as at 30 September 2014 be noted.

 

 

16      Impact of TAFE cuts and increased TAFE fees                                                            

325  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor John Thain

That:

1.    The information contained in the report on Impact of TAFE cuts and increased TAFE fees be received.

2.    Penrith City Council condemn the NSW State Government’s decision to raise TAFE fees from 1 January 2015.

 

18      Local Infrastructure Renewal Scheme (LIRS) - Round 3                                             

326  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Local Infrastructure Renewal Scheme (LIRS) - Round 3 be received.

2.    Council borrow $5.7m as the loan funded portion of the Penrith CBD Drainage Upgrade Program (PCDUP).

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

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

5.    The Seal of the Council of the City of Penrith be affixed to the funding agreement for the Local Infrastructure Renewal Scheme – Round 3.

6.     Council write to the Minister for Local Government, the Hon Paul Toole MP for the approved funding through the Local Infrastructure Renewal Scheme – Round 3.

 

 


 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Disabled Parking - Medicare Penrith Office                                                         

Councillor Bernard Bratusa requested a memo reply to all Councillors investigating whether additional disabled parking is required at the Centrelink building in Penrith, bordered by Union Lane and Union Road, due to increased patronage since the Medicare Office has been moved to this location.

 

RR 2           Impacts of Repeal of Carbon Tax                                                                          

Councillor Bernard Bratusa requested a memo to all Councillors advising of Council’s response in relation to Council’s position on this matter and an explanation of any positive impacts the Federal Government’s repeal of the Carbon Tax will have on Council’s services. The memo needs to also include a timeline on when waste charges are to be reduced, as a result of the repeal of the Carbon Tax, and/or an explanation as to why Council is not passing on savings to ratepayers.

 

RR 3           'Penrith Pacifica' Event                                                                                           

Councillor Bernard Bratusa requested a memo to all Councillors advising of Council’s progress with a proposal for a major event in the City titled ‘Penrith Pacifica’ which was submitted in August this year.

 

RR 4           Letter of Congratulations - John Maclean                                                            

Councillor Bernard Bratusa requested that Council send a letter of congratulations to John Maclean on his successful completion of the recent Atmosphere Nepean Triathlon. Councillor Bratusa also advised that four persons have completed every Nepean Triathlon since it started and asked that a letter of congratulations be also sent to them.

 

RR 5           Ambassador for 'Penrith the Adventure Capital'                                                

Councillor Bernard Bratusa requested a memo to all Councillors regarding the formation of a Councillor Committee, and recommendations be sought from the community, to select an Ambassador for ‘Penrith the Adventure Capital’.

 

RR 6           Attempt at Blindfold Land Speed Record by Ben Felten                                    

Councillor Ben Goldfinch requested that Council write to staff member Ben Felten, congratulating him on his recent attempt at breaking the Blindfold Motorcycle Land Speed Record and also his success in the trials leading up to the attempt.  Also, that Council write to the Mayor of Temora, Councillor Rick Firman, thanking him for his support and hosting of this event.

 

RR 7           Future location of Local Government Conferences                                            

Councillor Ben Goldfinch requested a memo to all Councillors concerning the possibility of Penrith City Councillors meeting to discuss options for the future location of the Local Government Conference, as well as the possible length of the Conference.

 


 

RR 8           Flooding and Road Closure - Stony Creek                                                           

Councillor Maurice Girotto requested a report to Council, in follow up to a recent memo from the Engineering Services Department, regarding Stony Creek flooding and road closure and suggesting a way forward.

 

RR 9           Signage indicating flooding - Castlereagh Road                                                 

Councillor Maurice Girotto requested a report to Council after having been referred to the Local Traffic Committee, addressing the issue of the lack of signage indicating flooding on Castlereagh Road, under the railway line.

 

RR 10         Signage for Penrith Local Government Area                                                       

Councillor Maurice Girotto requested a report to Council investigating the feasibility of erecting signage indicating entrance and exit to the Penrith Local Government Area.

 

UB 1           Request for Leave of Absence                                                                               

Councillor Jackie Greenow OAM requested Leave of Absence for 24 November 2014.

327  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Ben Goldfinch 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.

 

328  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain that Leave of Absence be granted to Councillor Jackie Greenow OAM for 24 November 2014.

 

Councillor Maurice Girotto left the meeting, the time being 10:20pm.

 

RR 11         Coal Seam Gas Signage                                                                                         

Councillor Michelle Tormey requested a report to Council on its current stand on coal seam gas mining, including the cost of providing signage at City entry points opposing coal seam gas mining.

 

UB 2           Request for Leave of Absence                                                                               

Councillor Michelle Tormey requested Leave of Absence for 10 November 2014.

329  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the matter be brought forward as a matter of urgency.

 

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

 

330  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that Leave of Absence be granted to Councillor Michelle Tormey for 10 November 2014.

 

Councillor Maurice Girotto returned to the meeting, the time being 10:22pm.


 

RR 12         UWS Solar Car Challenge 2015                                                                              

Councillor Michelle Tormey requested a report to Council regarding a formal meeting and presentation to be organised from the Challenge Team to the Council’s Sustainability Team and Sustainability Champions, any interested Councillors and Council staff, to discuss further options for supporting the Challenge and outlining the relevant cost.

 

RR 14         Proposed Wianamatta Regional Park                                                                   

Councillor Michelle Tormey requested a report to Council providing an update on matters related to the proposed Wianamatta Regional Park, including:

1.         when will the transfer of the land take place;

2.         what is the status of the emu population on the site and have there been any recent changes;

3.         what is the status of the PhD study into a sustainable emu population on the site.

 

UB 3           Community Assistance Program                                                                           

Councillor Karen McKeown requested that an amount of $3,000 be allocated from each Ward’s voted works towards the next 10 eligible Community Assistance Program applicants, as outlined in the memo prepared by the Acting Manager, Community & Cultural Development.

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

 

332  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ben Goldfinch that an amount of $3,000 be allocated from each Ward’s voted works towards the next 10 eligible Community Assistance Program applicants, as outlined in the memo prepared by the Acting Manager, Community & Cultural Development.

 

Councillor Marcus Cornish left the meeting, the time being 10:28pm.

 

Councillor Marcus Cornish returned to the meeting, the time being 10:30pm.

 

RR 15         Western Sydney Homeless Connect                                                                     

Councillor John Thain requested a report to Council regarding supporting the recently held Western Sydney Homeless Connect Services Day with the view to explaining how we can replicate similar events in Penrith.

 

Councillor Jackie Greenow OAM left the meeting, the time being 10:31pm.

 

RR 16         Leadership Development Program                                                                        

Councillor John Thain requested a memo reply to Councillors concerning contact to be made with David Morris regarding the establishment of a leadership program for young and emerging leaders in conjunction with the University of Western Sydney and that a report on this matter be presented to a meeting of the Policy Review Committee.

 


 

RR 17         Lakeside Parade, Jordan Springs                                                                          

Councillor Prue Car requested a report to Council advising of any plans to erect a pedestrian crossing on the corner of Lakeside Parade and Jordan Springs Boulevard, Jordan Springs, as a result of planned lights at the same location.

 

Councillor Jackie Greenow OAM returned to the meeting, the time being 10:33pm.

 

RR 18         Shopping Centre Signage - Jordan Springs                                                        

Councillor Prue Car requested a memo to all Councillors concerning the provision of a directional ‘shopping centre’ sign on the street sign on Jordan Springs Boulevard, Jordan Springs.

 

RR 19         Filling Lakes from Nepean River                                                                            

Councillor Kevin Crameri OAM requested a report to Council on the control and operation of Penrith Lakes, advising as to water quality and also if water from the Nepean River is being used.

 

RR 20         FAGs Item - Local Government Association Conference                                  

Councillor Greg Davies requested a memo reply to Councillors concerning the motion regarding indexing action concerning FAGs which was submitted to the recent Local Government Conference.  Also that Council write to the Local Government NSW regarding their planned actions and what actions that have been already undertaken in this regard.

 

Committee of the Whole

 

Councillors Prue Car and Ben Goldfinch left the meeting, the time being 10:38pm.

 

Councillor Marcus Cornish left the meeting, the time being 10:38pm and did not return.

 

333 RESOLVED on the MOTION of  Councillor Greg Davies seconded Councillor Jackie Greenow OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:38pm.

 

Councillors Prue Car and Ben Goldfinch returned to the meeting, the time being 10:39pm.

 

1        Presence of the Public

 

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

Outcome 5

 

2        Litigation and Compliance Matters                                                                                 

 

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

 

 

 

3        Compliance status at 461 Cranebrook Road, Cranebrook                                          

 

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

 

Outcome 2

 

4        Status on Development Application 14/0370 Residential New Second Occupancy - Alterations and Additions to Existing Dwelling and Retrospective Approval for a Secondary Dwelling at Lot 40 DP 27098 (No. 148) Carrington Road, Londonderry Applicant: Mr David and Mrs Connie Sultana;  Owner: ~Mr David and Mrs Connie Sultana                                                                                                                                             

 

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

 

Outcome 7

 

5        Commercial Matter - Proposed Licence and Information Regarding Existing Temporary Car Park located at the corner of Rodgers & Somerset Streets, Kingswood           

 

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

 

6        Commercial Matter - Council Property - Leasing of Shop 131 Queen Street, St Marys (adjoining Coachman's Park) to CJP World Wide Pty Ltd                                           

 

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.

 

7        Commercial Matter - Compulsory Acquisition of Council Land By Roads and Maritime Services - Lot 2, DP 580256 - Nepean River Green Bridge                                          

 

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

 

 

 

 

Outcome 2 - (referred from Open Council)

 

8        Item 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

 

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

 

 

The meeting resumed at 11:29pm and the Acting General Manager reported that the Committee of the Whole met at 10:38pm on 27 October 2014, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies  and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, 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

 

Councillor Karen McKeown left the meeting, the time being 10:40pm.

 

Councillor Karen McKeown returned to the meeting, the time being 10:41pm.

 

2        Litigation and Compliance Matters                                                                                 

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen

CW2 That the information contained in the report on Litigation and Compliance Matters be received.

 

3        Compliance status at 461 Cranebrook Road, Cranebrook                                          

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

CW3 That:

1.    The information contained in the report on Compliance status at 461 Cranebrook Road, Cranebrook be received.

2.    A notation be placed on the Section 149 certificate in relation to the existing Structure.

 


 

4        Status on Development Application 14/0370 Residential New Second Occupancy - Alterations and Additions to Existing Dwelling and Retrospective Approval for a Secondary Dwelling at Lot 40 DP 27098 (No. 148) Carrington Road, Londonderry Applicant: Mr David and Mrs Connie Sultana;  Owner: ~Mr David and Mrs Connie Sultana                                                                                                                                

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

 

CW4 That:

 

1.    The information contained in the report on Status on Development Application 14/0370 Residential New Second Occupancy - Alterations and Additions to Existing Dwelling and Retrospective Approval for a Secondary Dwelling at Lot 40 DP 27098 (No. 148) Carrington Road, Londonderry be received.

 

2.    A notation be placed on the Section 149 certificate in relation to the existing Structure.

 

3.    A meeting to be arranged with Councillor John Thain, Council Officers and the applicant to discuss the way forward for this application.

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 – COW, Councillor Michelle Tormey left the meeting, the time being 11:01pm.

 

5        Commercial Matter - Proposed Licence and Information Regarding Existing Temporary Car Park located at the corner of Rodgers & Somerset Streets, Kingswood

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

CW5 That:

1.    The information contained in the report on Commercial Matter - Proposed Licence and Information Regarding Existing Temporary Car Park located at the corner of Rodgers & Somerset Streets, Kingswood be received.

2.    Council accept a request to terminate the licence agreement with Nepean and Blue Mountains District Health for a car park.

3.    Council approve of entering into a 5 year Licence Agreement with Healthscope Limited for the use of the car park at a commencing rental of $60,000 pa with a minimum term of 3 years before Healthscope can seek termination at 6 months notice.

4.    Council commences the advertising process for a new 5 year licence agreement to Healthscope Limited over the existing temporary car park on the corner of Rodgers and Somerset Streets, Kingswood in accordance with Section 47A of the Local Government Act 1993.

5.    A further report be submitted to Council following completion of the advertising period.

 


 

6        Commercial Matter - Council Property - Leasing of Shop 131 Queen Street, St Marys (adjoining Coachman's Park) to CJP World Wide Pty Ltd                                           

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Prue Car

CW6 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Shop 131 Queen Street, St Marys (adjoining Coachman's Park) to CJP World Wide Pty Ltd be received.

2.    Council grant a 5 year lease with a 5 year option to CJP World Wide Pty Ltd in accordance with the terms and conditions as outlined in this report.

3.    Lot 98 DP 128213 be categorised as Operational Land pursuant to Section 31(2) of the Local Government Act 1993.

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

 

7        Commercial Matter - Compulsory Acquisition of Council Land By Roads and Maritime Services - Lot 2, DP 580256 - Nepean River Green Bridge                                          

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

CW7 That:

1.    The information contained in the report on Commercial Matter - Compulsory Acquisition of Council Land By Roads and Maritime Services - Lot 2, DP 580256 - Nepean River Green Bridge be received.

2.    Council accept nominal compensation of $1 for the compulsory acquisition of Lot 2 DP 580256 by Roads and Maritime Services.

3.    The Common Seal of the Council of the City of Penrith be placed on all necessary documents to effect transfer of Lot 2, DP 580256 to Roads and Maritime Services.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 – COW, Councillor Karen McKeown left the meeting, the time being 11:05pm and did not return.

Councillor Michelle Tormey returned to the meeting, the time being 11:05 pm.

8        Item 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; 

(referred from Open Council)

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM

CW8 That the verbal legal advice in relation to 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.

 

ADOPTION OF Committee of the Whole

 

334  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Prue Car that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7 and CW8 be adopted.

 

 
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

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

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.      Development Application No DA14/0622 be approved subject to the

                                  following proposed conditions:

 

Special Conditions

 

2.1     A trial consent period of twelve (12) months is granted for the storage and basic maintenance of two (2) pieces of plant or truck vehicles operated only by the occupier or occupiers of the property  this consent lapses upon expiry of 12 months from the date of consent.  This consent is effective from the issue of an Occupation Certificate for the shed.  Prior to expiry of the date of the trial consent period, the applicant may submit a new Application for any continuance of the use.

 

2.2     The shed shall only be used for the storage and basic maintenance of two (2) pieces of plant or truck vehicles, where the plant or truck vehicles are operated only by the occupier or occupiers of the property. The shed may also be used to store personal items ancillary to the dwelling or rural use of the land, but is not to be habitable or for commercial purposes.

 

2.3     Truck movements are restricted to four (4) vehicle trips per day            and restricted to between 6:00am and 8:00pm Monday to Fridays. No trucks movements are permitted on Saturdays, Sundays and public holidays.

 

2.4     The property must not be used as a truck/transport depot and/or vehicle repair workshop or vehicle repair station for:

i)                    the parking or servicing of motor vehicles used in connection       with a business, industry or freight transport undertaking      garaging or storage or maintenance or servicing of any other      trucks; or

ii)         repair of vehicles

         other than the two (2) pieces of plant or trucks approved herein.

 

2.5     Storage of additional trucks or employee’s vehicles must occur at a site which is subject to development consent for such use. Employees of the business are not to leave their vehicles on site and drive one of the two trucks stored on site, unless they are a permanent occupier of the property.

 

2.6     The demountable office building must be lawfully removed from           the property within 30 days of the issue of this consent.

                            

2.7     All minor truck maintenance work is to be undertaken only by the         owner of the property and must be undertaken inside the shed on the      site. Minor truck maintenance work is to be restricted to between            6:00am and 8:00pm Monday to Fridays, 9:00am and 1:00pm                   Saturdays. No minor truck maintenance work is permitted on                Sundays and Public Holidays.  

 

2.8     Any driveway works and hard stand area are not to have an adverse impact upon stormwater surface flows on or from adjoining properties.  All works are to be flush with the natural surface.  Any works, including mounding, are not to dam, concentrate, or divert surface flows onto adjoining properties.

 

2.9     The two trucks must be stored inside the shed at all times and               no loading or unloading of goods to or from the trucks is permitted on the site.

 

2.10    No native trees or other vegetation (including shrubs and other understory vegetation) are to be removed, ringbarked, cut, topped, lopped, slashed or wilfully destroyed without the prior consent of Penrith City Council and in accordance with Council's Tree Preservation Order and Policy.

 

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

 

2.12    Any aggregate material used for the construction of the driveway is to comply with the requirements of the EPA Recovered Aggregate         Exemption 2010.

 

2.13    Exterior lighting is not permitted and any erected lighting structures are to be removed from the site prior to the issue of the Occupation Certificate. 

 

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

 

2.15    Prior to the issue of an Occupation Certificate for the shed, a       Work-as-Executed Plan prepared by an appropriately qualified       consultant is to be submitted to Penrith City Council and verifies that           the finished ground levels reflected within the approved survey drawing (approved as part of this consent) have been maintained.           Any changes to finished ground level beyond those approved are to     be rectified prior to the issue of any Occupation Certificate.

 

2.16    The colour of the shed is to be earthy tones, consistent with nearby       sheds and in accordance with the list on the DCP and non-reflective.      Details of the colour are to be provided with the construction         certificate.

 

2.17    All piles of fill are to be removed, either dispersed over the site as top    dressing within the levels permitted by this consent or removed off          site with details of the disposal location provided to Council.

 

 

2.18    Prior to OC, a vegetated buffer 3m wide surrounding the    hardstand area to offset the impact of previous vegetation and   habitat removal and to help manage erosion and runoff, and visual amenity is to be installed. This is approximately 500m2.  The vegetated buffer is to consist of species from the Castlereagh    Scribbly Gum vegetation community and is to contain a selection   of species from the mid/under storey and the ground stratum. The species are to be selected from the following lists:

 

·                List A – Ground stratum - At least 8 different species planted at a density of 2 plants per m2.

- Aristida ramosa

- Aristida warburgii

- Boronia polygalifolia

- Dianella revoluta var. revoluta

- Entolasia stricta

- Goodenia bellidifolia subsp. bellidifolia

- Lomandra glauca

- Lomandra multiflora subsp. multiflora

- Patersonia sericea

- Platysace ericoides

- Stylidium graminifolium

- Themeda australis

- Thysanotus tuberosus subsp. tuberosus

- Xanthorrhoea minor

·                List B – Shrub stratum - At least 8 different species planted at a density of 1 plant per m2.

- Acacia brownii

- Acacia elongata

- Banksia oblongifolia

- Banksia spinulosa

- Bossiaea rhombifolia

- Callistemon pinifolius

- Daviesia ulicifolia

- Grevillea mucronulata

- Hakea dactyloides

- Hakea sericea

- Isopogon anemonifolius

- Leptospermum polygalifolium

- Leptospermum trinervium

- Lissanthe strigosa

- Melaleuca erubescens

- Melaleuca thymifolia

 

          NOTE: All plants are to be local provenance and are to be sourcedfrom nurseries using local provenance seed.

                  

2.19   In addition to the vegetated buffer plantings, 20 trees are to be               planted on the property (note: these are at a ratio of approximately   2:1 for the trees removed for the initial unauthorised works). At least 5 of these trees are to be located within the vegetated buffer                   surrounding the hardstand area and the remaining trees should be           planted to the rear of the hardstand area, augmenting the cleared         and degraded areas. Trees are to be of the following species only:

- Eucalyptus sclerophylla

- Eucalyptus parramattensis;

- Angophopra bakeri.

 

Note: NO trees are to be planted within the Asset Protection Zone of the house.

Note: All plants are to be local provenance and are to be sourced from nurseries using local provenance seed.

 

2.20All landscape plantings are to be maintained for a period of 36                 months (3 years). This includes watering, weeding and replacement         planting if plant death exceeds 15%.

 

2.21   Prior to the issue of an engineering construction certificate  the plans    are required to reflect minor regrading of ground levels to ensure      overland flow is effectively managed and dispersed through the      truck           turning area with no adverse impact onto adjoining properties.

 

Standard Conditions

 

A001 – Approved plans that are architecturally drawn – amend in red

A008 – Compliance with BCA

A019 – Occupation Certificate

A020 – Use of Building

A030 – No Retail Sales

A032 – Goods in Building

A046 – Issue of Construction Certificate

B004 - Dust

B005 - Mud/Soil

D001 – Sedimentation and Erosion Controls

D002 - Spraygrass

D005 – No filling without prior approval

D006 – No Filling without prior approval

D009 – Covering Waste Storage area

D010 - Appropriate disposal of excavated or other waste

D014 – Plant and Equipment Noise

E001 - BCA compliance

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

H002 - All forms of construction

H011 – Engineering plans & specifications

H041 – Hours of work

L007 - Tree protection measures–no TMP with DA

L008 – Tree preservation order

K202 – Section 138 Roads Act

K208 - Stormwater Discharge – Minor Development

K501 – Penrith City Council Clearance – Roads Act/Local Government Act

Q001F – Notice of Commencement & Appointment of PCA

Q005F – Occupation Certification for Class 10 Structure

 

3.      Further compliance action be pursued in relation to identified unauthorised

                          works on the site.

 

4.     Council’s Compliance Officers monitor the site for compliance with

       conditions of consent.

 

5.     The location and orientation of the shed be altered to that originally proposed in DA 13/0354.

 

6.      Natural overland flow and stormwater drainage be retained with no stormwater diversion works approved as part of this consent.

 

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 Bernard Bratusa

Councillor John Thain

Councillor Greg Davies

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Ross Fowler OAM         

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:36 pm.


UNCONFIRMED MINUTES

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

COUNCIL CHAMBERS

ON MONDAY 10 NOVEMBER 2014 AT 7:15PM

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 Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for the period 30 October 2014 to 23 November 2014 inclusive.

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

Leave of Absence was previously granted to Councillor Michelle Tormey for 10 November 2014.

Leave of Absence was requested by Councillor Jim Aitken OAM for the period 11 November 2014 to 15 December 2014 inclusive.

336  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Jackie Greenow OAM that Councillor Jim Aitken OAM be granted leave of absence for the period 11 November 2014 to 15 December 2014 inclusive.

Leave of Absence was requested by Councillor John Thain for 10 November 2014.

337  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Maurice Girotto that Councillor John Thain be granted leave of absence for 10 November 2014.

 

APOLOGIES

There were no apologies.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

SUSPENSION OF STANDING ORDERS

338  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Ben Goldfinch that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:18pm.

 

Ms Anne Brady

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek.

 

Ms Brady, an interested citizen spoke in support of the Notice of Motion to Rescind a Resolution and indicated that she believed the Mosque has been operating prior to this Development Application and that she believes that there are other places of Islamic worship within Council’s Local Government Area. Ms Brady raised concerns for potential traffic issues that may result if the development was approved. Ms Brady concluded by questioning the accuracy of the statistics relating to where the worshippers who may use this prayer hall reside and asked that Council take steps to safeguard the Penrith community.

 

Mr Ian Sutton

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek.

 

Mr Sutton, a concerned citizen spoke in support of the Notice of Motion to Rescind a Resolution and raised issues concerning the need for another place of Islamic worship within Council’s Local Government Area, given the population of Muslims in relation to the number of already existing places of worship. Mr Sutton concluded that he would like to see Penrith remain the same as it is today and not deteriorate due to crime and parking issues.

 

Mr Rick Putra

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek.

 

Mr Putra, a concerned resident spoke in support of the Notice of Motion to Rescind a Resolution and questioned whether the development was a mosque as opposed to a prayer hall, given the application has indicated that the use of a prayer hall would be on a daily basis. Mr Putra raised concerns as to why the prayer hall required a number of lecture rooms and believed that the development would create traffic and noise issues. Mr Putra concluded that the development should have been assessed as a mosque and not a prayer hall.

 

Mr Richard Smyth

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek.

 

Mr Smyth, the Applicant’s Planning Consultant spoke in opposition to the Notice of Motion to Rescind a Resolution and complimented Council on the way the application was decided at the last meeting, indicating he believed it was decided on the merits of the application. Mr Smyth stated that his Client estimated that approximately 40% of their congregation would come from St Marys and adjacent suburbs.

 

339  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7:39pm.

 

Mr Smyth concluded by stating that the development has been designed as a prayer hall and hoped that the application would be approved on its merit.

 

Mr Kingsley Liu

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek.

 

Mr Liu, an interested citizen spoke in opposition to the Notice of Motion to Rescind a Resolution and the need to strengthen the growing multiculturalism in Western Sydney. Mr Liu cited recent statements by the Prime Minister that he wanted an all inclusive Australia. Mr Liu concluded by stating that he was representing all Australians.

 

Mr Shane Gorman

 

Item 1 – Notice of Motion to Rescind a Resolution - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek

 

Mr Gorman, an interested resident spoke in opposition to the Notice of Motion to Rescind a Resolution stated that he works within the local community and that he believes Australia is having growing pains and that the application is being challenged on unrelated merits. Mr Gorman continued claiming that this divisive message damages and weakens the community and causes resentment and dissent.

 

340  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Tricia  Hitchen that an extension of time be granted to enable the speaker to complete his address, the time being 7:56pm.

 

Mr Gorman concluded by stating that all Penrith residents deserve equal respect and regard for their lifestyle.

 

RESUMPTION OF STANDING ORDERS

341  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM that Standing Orders be resumed, the time being 7:58pm.

 

  


 

 

Notice of Motion to Rescind a Resolution

 

1        Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek

Submitted by Councillors Marcus Cornish, Kevin Crameri OAM and Maurice Girotto.      

A MOTION was moved by Councillor Marcus Cornish seconded Councillor Maurice Girotto that the Notice of Motion to Rescind a Resolution in relation to Item 3 - Development Application DA 13/1467 for Conversion of Shed and Additions for a Prayer Hall at Lot 18 DP 30265 (No. 1247-1253) Mamre Road, Kemps Creek considered at the Council’s Ordinary Meeting held on 27 October 2014 be received.

Councillors Marcus Cornish, Maurice Girotto and Kevin Crameri OAM spoke for the MOTION.

Councillor Tricia Hitchen spoke against the MOTION.

342  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto that Councillor Kevin Crameri OAM be granted an extension of time to speak to the MOTION, the time being 8:19pm.

Councillor Karen McKeown moved that the MOTION be PUT, the time being 8:22pm.

The Mayor, Councillor Ross Fowler OAM granted Councillor Marcus Cornish a right of reply, the time being 8:23pm.

The Mayor, Councillor Ross Fowler OAM, then PUT the MOTION.

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

For

Against

 

Councillor Jim Aitken OAM

Councillor Prue Car

Councillor Marcus Cornish

Councillor Karen McKeown

Councillor Kevin Crameri OAM

Councillor Jackie Greenow OAM

Councillor Maurice Girotto

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

On being put to the meeting the MOTION was LOST.

There being no further business the Chairperson declared the meeting closed the time being 8:26pm.

 


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                                                

   


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 8 October 2014       1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 3 November 2014                                                                                                                                             8

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 10 November 2014                                                                                                                                  15

 

 

 

 

 



Ordinary Meeting                                                                                         24 November 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 8 October, 2014

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), Councillor Marcus Cornish, David Currie, Farah Madon, Michael Morris, Emma Husar, Councillor Michelle Tormey, Denise Heath, Councillor Tricia Hitchen (5.15pm).

 

IN ATTENDANCE

 

Graham Howe – Building Projects Coordinator, Joe Ibbitson – Community Programs Coordinator, Hans Meijer – City Works Manager, Michael Jackson – Design and Projects Manager, Rosemarie Canales – Architectural Supervisor, Ruth Byrnes – Senior Traffic Officer, Lidiya Hudson – Roads and Maritime Services, Anthony Dillon – Roads and Maritime Services, Adam Wilkinson – Engineering Services Manager, Tracy Leahy – Acting Community and Cultural Development Manager, Colin Wood – Fire Safety and Certification Coordinator, Mahbub Alam – Environmental Planner.

 

APOLOGIES

Apologies were accepted from Ben Felten, Erich Weller, Robyn Brookes, Councillor Prue Car.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 13 August 2014

The minutes of the Access Committee Meeting of 13 August 2014 were confirmed.

 

Councillor Jackie Greenow OAM welcomed Tracy Leahy, Acting Community and Cultural Development Manager, to the meeting.

 

DECLARATIONS OF INTEREST

 

Nil

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

2        Nepean River Green Bridge - Design Presentation by Roads and Maritime Services       

Adam Wilkinson introduced the Nepean River Green Bridge report and the guests from Roads and Maritime Services (RMS), advising the meeting that Anthony Dillon would provide information on the design and construction of the bridge and Lidiya Hudson would discuss the planning of the project.

 

Adam Wilkinson advised that the new bridge is an alternative crossing for pedestrians and cyclists. The bridge will also provide a greater connectivity and engagement with the Nepean River.

 

Lidiya Hudson advised that the bridge will be placed in the best location, which includes accessibility and safety. On the western bank the bridge is on Punt Road and on the eastern side located on the Log Cabin site.

 

The new bridge will have a 4.6m deck which will be used by pedestrians, cyclists, scooters and prams. It will have the capacity to carry small emergency vehicles.

 

The design objectives are for it to be an iconic bridge which distinguishes Penrith from other places, providing a comfortable and safe crossing. The bridge will have night lighting.

 

Anthony Dillon discussed the standards for walkways and ramps and advised that the RMS would comply with these. The grade on the western side of the bridge would be approximately 4-5% and it will be approximately 5% on the eastern side. It is a high level bridge because of the flood.

 

Councillor Tricia Hitchen arrived at the meeting at 5.15pm.

 

Anthony Dillon advised that the new bridge would be the same height (above water level) as Victoria Bridge. There will be line marking on the bridge with signage to direct pedestrians and cycles. Removable bollards will also be provided.

 

Issues discussed by the Committee included:

 

·    Access on and off the bridge

·    Lighting (and security)

·    Shared pathway

·    Landing and break out areas for people in wheelchairs

·    Classification of a small emergency vehicle

·    Seating on the bridge

·    Provision of shade

·    Closure of the rowing course

·    Surface material of the bridge

·    Isolation and security on the bridge

·    Signage

·    Opportunity for bungy jumping or recreational activities.

 

Adam Wilkinson advised that it is not the intention to ask cyclists to dismount from bicycles. The primary focus is on providing a shared path for pedestrians and cyclists, to be used like any other shared path. It is hoped that people will co-mingle, be courteous and show respect.

 

Adam Wilkinson advised that RMS is in contact with the consultant regarding detailed design of structural elements including the ramps and disability access requirements. All detailed construction drawings should be completed in February.

 

Lidyia Hudson advised that the bridge proposal is in the concept design stage moving into detailed design.


Councillor Jackie Greenow OAM thanked the Roads and Maritime Services representatives for attending the meeting.  Councillor Jackie Greenow OAM advised there are a number of concerns including seating and places to stop on the bridge.  She said she was looking forward to a return visit when further details would be provided.

 

Anthony Dillon and Lidyia Hudson left the meeting at 5.50pm.

 

Adam Wilkinson advised that it was important to bring RMS to the Access Committee as early as possible to introduce members to the project. There is still a lot of work which needs to happen. All comments will be collated into a report including requests for seating. Adam Wilkinson advised that further feedback is welcome and the bridge proposal would definitely be brought back to the Committee.

 

Councillor Jackie Greenow OAM requested any concerns or feedback be passed on to Joe Ibbitson who would liaise with Adam Wilkinson.

 

Adam Wilkinson left the meeting at 5.52pm.

 

The meeting held a break from 5.52pm to 5.58pm. 

 

RECOMMENDED  that the information contained in the report on Nepean River Green Bridge - Design Presentation by Roads and Maritime Services be received.

 

Outcome 4 - We have safe, vibrant places

 

3        Way Finding Strategy and Implementation                                                                    

Michael Jackson spoke to the report and advised that the Way Finding project is commencing, consultants have been engaged, and some initial investigation of the status quo has been undertaken.  Michael Jackson advised he welcomed stakeholder input, would run through any concerns and discuss the next steps in the process.

 

Rosemarie Canales advised that the Way Finding Strategy relates to the Penrith City Centre and St Marys Town Centre.  Minale Tattersfield has been engaged to prepare the strategy.  Christine Cheung from Cheung Access is the principal access consultant on the project.  Two meetings have been held with the consultant.

 

Ten maps will be prepared of different scales providing different information including tactiles and braille. Christine Cheung will be looking at footpaths and how they are directed in the city centres as well as any obstructions and site lines.

 

Rosemarie Canales advised that the next step is to develop a community workshop.  She asked for consideration of community stakeholders to be invited to the workshop.  To date internal Council departments have been consulted.  The workshops are intended to be held towards the end of the year.  It is anticipated that the project will be completed mid next year.

 

Rosemarie Canales requested any information be provided to Joe Ibbitson to be passed on to her team.  Committee members were also asked to consider over the next week or so community stakeholders to be invited to workshops.

 

Issues discussed by the Committee included:

 

·    Day and evening sessions of the community consultation workshop

·    Clarification regarding a Way Finding exercise

·    The logic of printing maps which will be changing

·    Historical referencing.

 

Michael Jackson advised that the proposed maps would be a vinyl map which can be updated as changes are required.

 

Farah Madon advised that the BCA Way Finding Standard will be updated in six months’ time and the draft is close to being sent out. The draft standard will go to community consultation which will take a further six months.

 

Michael Jackson replied that he will take the information regarding the new Way Finding standard on board and discuss it with the consultant.

 

RECOMMENDED 

That:

 

1.       The information contained in the report on Way Finding Strategy be received.

 

2.       The Committee recommend the implementation be held off until such time as the new Way Finding Standards can be considered.

 

Michael Jackson and Rosemarie Canales left the meeting at 6.20pm.

 

Outcome 2 - We plan for our future growth

 

1       Development Applications referred to Access Committee                                          

DA14/0932   St Marys Rugby League Club

 

Mahbub Alam presented the development application for St Marys Rugby League Club alterations and additions to expand the Club with associated carpark and landscaping works.

 

The St Marys Rugby League Club development proposal is in two stages – the first stage is the ground floor extension, the second stage is the first floor extension.  Entry to the Club will be from the Forrester Road side, new function and meeting rooms are proposed, a lobby with a reception area and management offices, a separate public and club TAB, access stairs and escalators to the first floor.

 

The proposed works to the first floor include male and female bathrooms, an addition to the second level above the foyer extension, a new function/convention facility and associated kitchen and bar, a smoking terrace and a foyer and lobby.

 

The proposal includes accessible pedestrian pathways from the carpark to the main entrance of the building, an accessible entrance and circulation area to all levels from the ground floor to the first level, level entrance doorways, a lift to the first floor, unisex accessible toilets, and five off street accessible parking spaces.

 

Issues discussed by the Committee included:

 

·    Adult change facilities

·    Ambulant toilets

·    Access to the Club site by car

·    Concern regarding the amount of traffic

·    Path of travel from accessible parking spaces to the new entry

·    Request to send the proposal to the Traffic Committee

·    New accessible toilet on the ground floor.

 

Councillor Tricia Hitchen requested that if the developers decided not to install a change table that this proposal be brought to Council before it goes to the Joint Regional Planning Panel.

  

RECOMMENDED

That:

 

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

 

2.   The St Marys Rugby League Club development application be brought back to Council.

 

 

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

 

4        Access Committee - Highlights 2012-14                                                                         

Joe Ibbitson presented the report on the highlights of the Access Committee for 2012-14. The main achievement was the Excellence in Social Participation award presented at the 2013 National Disability Awards in Canberra for the No Boundaries project.

 

Joe Ibbitson advised that the current term of the community members on the Access Committee will be completed in October 2014.  Expressions of interest have been sought for membership on the Committee for the next term and a report will be presented to Council on 27 October 2014 with recommendations regarding new committee members.

 

Councillor Jackie Greenow OAM thanked all the Council officers who provided information and assistance to the Access Committee.

 

RECOMMENDED that the information contained in the report on Access Committee - Highlights 2012-14 be received.

 

 

GENERAL BUSINESS

 

GB 1          Penrith Touch Association                                                                                     

Denise Heath reported that the Penrith Touch Association has a team which includes people who use the services of NADO and that they won their first game last night.

 

GB 2          Nepean Disability Expo                                                                                           

Denise Heath advised that over 2,000 people attended the Nepean Disability Expo held on Friday 12 and Saturday 13 September 2014. Great feedback was received from both exhibitors and visitors.

 

GB 3          International Day for People with Disability                                                         

Joe Ibbitson advised that the International Day for People with Disability will be celebrated on 3 December 2014 at 10.00am in the Joan Sutherland Performing Arts Centre.  A notice will be sent out to Access Committee members.

 

 

GB 4          Adult Changing Facilities                                                                                       

Farah Madon advised of the Changing Places (change rooms with adult change facilities) concept which was introduced successfully in the UK in 2006 with over 550 Changing Places toilets spread across UK. This has transformed the lives of hundreds of thousands of people, enabling them to be far more engaged in their own local communities.

 

Changing Places was introduced to Australia in 2012 with the establishment of a consortium called ‘Changing Places Victoria’. The Consortium, now auspiced by ACD (Association for Children with a Disability), developed an early relationship with Changing Places UK and set about developing designs for Changing Places toilets in Australia. Further details can be found on http://changingplaces.org.au/.

 

Penrith City Council had an adult change facility installed a few years ago at the Penrith Pool with the design based on the UK Changing Places model. It was recommended that the Penrith Pool adult change facility be registered on the Changing Places Australia’s “Find a changing places toilet” section of the website.

 

GB 5          Playground at Jordan Springs                                                                               

Emma Husar expressed concern that an adult changing table would not be provided at the All Abilities Playground at Jordan Springs.

 

Graham Howe advised that an amended plan had been submitted on 2 October 2014 for an adult changing table to be installed at the playground.

 

GB 6          Emergency Egress for Occupants with Disability                                               

Farah Madon advised of the Australian Building Codes Board (ABCB) Emergency Egress for Occupants with Disability – Consultation Regulation Impact Statement.  This document is available on the ABCB website http://www.abcb.gov.au/consultation/regulation-impact-analysis/consultation-ris. The document attempts to seek public feedback on what egress measures would be most appropriate to enhance emergency egress for people with disability to exit a building safely and with dignity.

 

GB 7          Developers Forum                                                                                                   

Colin Wood referred to GB7 in the previous minutes regarding the Developers Forum held on 3 September 2014.  Joe Ibbitson and Colin Wood attended the Forum and advised that it was well received by participants.

 

GB 8          Presenters to the Access Committee                                                                    

Michael Morris acknowledged the intent of the Nepean River Green Bridge report but expressed concern at the lack of significant detail provided by the presenters.  He suggested screening presenters prior to them attending the meeting as he felt it was unfair on both the presenters and the Committee if they were not prepared to answer questions regarding access.

 

RECOMMENDED  that presenters be pre-screened and prepared to answer questions on access when they attend Access Committee meetings.

 

Other Committee members acknowledged that it was valuable to be part of the preliminary consultation on projects and have the opportunity to make a difference in the early planning process.

 

GB 9          Penrith Local Business Awards - Winner of Most Outstanding Specialised Business                                                                                                                   

Michael Morris advised that the Samuel Morris Foundation was the winner of the Most Outstanding Specialised Business – Penrith Local Business Awards 2014.

 

GB 10        Supermarket Mobility Trolleys                                                                               

Councillor Tricia  Hitchen advised that a major grocery chain is starting a letter campaign regarding special wheelchair/mobility trolleys.  The trolley has a seat where an older person or someone with mobility issues can sit in a car.  There should be one of these trolleys provided in every store. 

 

GB 11        South Creek Footbridge, St Marys                                                                        

Councillor Jackie Greenow OAM advised that at the Ordinary Meeting on 29 September 2014 Council approved funds for the construction of the South Creek Shared Path Bridge upgrade works.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.10pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 October, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                         24 November 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 November, 2014

 

 

 

PRESENT

Councillor Marcus Cornish, Councillor Tricia Hitchen, Steve Grady – Busways, Michael O’Brien – Penrith LAC, Steven Purvis – Council Ranger, Adam Wilkinson – Engineering Services Manager, Wayne Mitchell - Executive Manager Environment & City Development, Ruth Byrnes – Senior Traffic Officer, Joshua Hull – Trainee Engineer, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, David Drozd (Chair) – Traffic Engineering Coordinator.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for the period 30 October 2014 to 23 November 2014 inclusive.

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

APOLOGIES

Mr Bart Bassett MP, Member for Londonderry, James Suprain – Roads and Maritime Services, Councillor Jackie Greenow OAM, Councillor Karen McKeown, Mark Elliott – St Marys LAC.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 13 October 2014

The minutes of the Local Traffic Committee Meeting of 13 October 2014 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Autumnleaf Parade, St Clair - Proposed Provision of "No Stopping" Restrictions 

RECOMMENDED

That:

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

2.    10m of “No Stopping” restrictions be installed on the north side of Autumnleaf Parade, St Clair, east of Timesweep Drive, (as shown on Appendix 1).

3.    65m part-time “No Stopping 8am-9.30am 2.30pm-4pm School Days” restrictions be installed 10m east of Timesweep Drive to meet with the existing “No Stopping” restrictions on Autumnleaf Parade (as shown on Appendix 1).

4.    St Clair Youth and Neighbourhood Team and St Clair Public School be advised of Council’s resolution.

 

 

2        Werrington Arterial Corridor - Project Announcement and Changes to Major Traffic Facilities Projects 2014/15                                                                                                

RECOMMENDED

That:

1.    The information contained in the report on Werrington Arterial Corridor -   Project Announcement and Changes to Major Traffic Facilities Projects 2014/15 be received.

2.     Previously approved projects for Caddens Road – Length treatment be modified to remove the MIST treatment and the project for a pedestrian refuge facility in Gipps Street and Sunflower Drive be removed.

3.     Projects for Median Island Stop Treatments at Russell Street and Forbes Street, Emu Plains and Londonderry Road and Boscobel Road, Londonderry replace the previously approved projects within the current 2014/15 Major Traffic Facilities budget.

4.     Council’s Design section be requested to produce detailed geometric design plans for Median Island Stop Treatments at Russell Street and Forbes Street, Emu Plains and Londonderry Road and Boscobel Road, Londonderry with a further report presented to the Local Traffic Committee endorsing the design plans.

5.     Council’s Parks and Gardens Department write to the property on the north east corner of Russell and Forbes Street requesting the trimming back of vegetation back from the property boundary, in order to improve sight distance.

 

 

3        Victoria Street, Werrington - Proposed Installation of Bus Zone                               

RECOMMENDED

That:

1.    The information contained in the report on Victoria Street, Werrington - Proposed Installation of Bus Zone be received.

2.    Consultation be conducted with affected businesses for the proposed bus zone, and any substantial objections be referred to the Local Traffic Committee for consideration.

3.    Subject to no substantial objections from the community consultation process, a 17.5m bus zone be installed on Victoria Street, Werrington, opposite Werrington shopping centre (as shown on Appendix 1).

4.    A project for the construction of a Disability Discrimination Act compliant concrete boarding point at the new bus stop location, with footpath connectivity, be entered into Council’s Bus Infrastructure Program to be considered for funding under a future budget.

5.    Busways be advised of Council’s resolution.

 

 

4        Grumman Place, St Clair - Proposed Parking Restriction                                           

RECOMMENDED

That:

1.    The information contained in the report on Grumman Place, St Clair - Proposed Parking Restriction 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 Parking (5pm Thurs – 5pm Fri) be installed around the perimeter of the turning head at the end of Grumman Place, St Clair as shown on Appendix 1.

 

 

5        Evan Street, Penrith - Additional Pavement Arrows                                                    

RECOMMENDED

That:

1.    The information contained in the report on Evan Street, Penrith - Additional Pavement Arrows be received

2.    An additional through with left turn arrow pavement marking and an additional right turn arrow pavement marking at the northbound approach of Even Street to Henry Street, Penrith be provided as shown on Appendix 1.

 

 

6        Russell Street, Emu Plains and Emu Heights - Review of Parking Restrictions      

LTC COMMENT

The Committee discussed the report with Councillor Marcus Cornish and Councillor Tricia Hitchen requesting that some provision be made for kerbside parking for southbound trucks in Russell Street to assist with access within this fast food precinct. Furthermore, it is understood that the KFC development on the western side of Russell Street near Old Bathurst Road will have unrestricted parking and it was requested that this location be investigated for suitable parking arrangements and referred to a future meeting. Steve Grady from Busways indicated a bus stop is in operation at this location possibly utilised by Blue Mountains Buses.

RECOMMENDED that the matter be deferred and further investigations be raised at a future meeting.

 

7        Railway Street, Emu Plains - B-double Route Application                                          

RECOMMENDED

That:

1.    The information contained in the report on Railway Street, Emu Plains - B-double Route Application be received.

2.    Railway Street, Emu Plains from Lee Street to the driveway entry to Boral Quarry at the northern end of Railway Street, Emu Plains (Lot 980 Deposited Plan 810551) be approved for 25/26m B-double use with the condition that all entry and exit at the destination driveway is to be in a forward direction.

3.    The National Heavy Vehicle Regulator be advised that approval to use Railway Street, Emu Plains from Lee Street to the driveway entry to Boral Quarry at the northern end of Railway Street, Emu Plains (Lot 980 Deposited Plan 810551) as a 25/26m B-double route can be considered for inclusion as a Gazetted Route to operate under the National Notice with the condition that all entry and exit at the destination driveway is to be in a forward direction.

 

 

8        Harford Street, Jamisontown - B-double Route Application                                       

RECOMMENDED

That:

1.    The information contained in the report on Harford Street, Jamisontown - B-double Route Application be received.

2.    Harford Street, Jamisontown from Abel Street to the driveway entry to 4 Harford Street, Jamisontown (Lot 5122 Deposited Plan 627325) be approved for 25/26m B-double use with the condition that all entry and exit at  the destination driveway is to be in a forward direction.

3.    The National Heavy Vehicle Regulator be advised that approval to use Harford Street from Abel Street to the driveway entry to 4 Harford Street, Jamisontown (Lot 5122 Deposited Plan 627325) as a 25/26m B-double route can be considered for inclusion as a Gazetted Route to operate under the National Notice with the condition that all entry and exit at the destination driveway is to be in a forward direction.

 

 

9        Coreen Avenue, Penrith - Endorsement of Signage & Line Marking Plan                

RECOMMENDED

That:

1.    The information contained in the report on Coreen Avenue, Penrith - Endorsement of Signage & Line Marking Plan be received.

2.    The signage and line marking plan prepared by Richmond + Ross associated with the Caltex service station on Coreen Avenue, Penrith, near Castlereagh Road (Drawing Number 22906-B150, Revision D, dated 14 October 2014) be endorsed for construction (as shown in Appendix 1).

3.    All costs associated with the installation of the signage and line marking be funded by the applicant.

 

 

 

 

10      Glenmore Parkway, Glenmore Park - Proposed Installation of Bus Zones               

RECOMMENDED

That:

1.    The information contained in the report on Glenmore Parkway, Glenmore Park - Proposed Installation of Bus Zones be received.

2.    40m bus zones be installed at the existing bus stops on Glenmore Parkway, Glenmore Park, near Camellia Avenue, commencing 30m on the approach to the bus stop signs (as shown on Appendix 1). Also, 15m of the lead-in double-barrier line marking on Glenmore Parkway north of Camellia Avenue be removed.

3.    The adjoining business on the east side of Glenmore Parkway, Glenmore Park, be advised of Council’s resolution.

4.    Busways be advised of Council’s resolution.

 

 

11      College Street at Michelle Avenue and Barlow Street, Cambridge Park - Proposed 'Give Way' and 'No Stopping' Signage                                                                                     

LTC COMMENT

The Roads and Maritime Services (RMS) representative requested by email that recommendation 7 “A “Give Way” sign and dashed TB holding line be installed at the intersection of College Street and Barlow Street as shown in Appendix 1.”, be removed as standard T-Junction rules apply.

 

RECOMMENDED

That:

1.    The information contained in the report on College Street at Michelle Avenue and Barlow Street, Cambridge Park - Proposed 'Give Way' and 'No Stopping' Signage 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, “No Stopping” restrictions be implemented, on College Street, for approximately 21m in a northerly direction from the intersection with Barlow Street, Cambridge Park, as shown in Appendix 1.

4.    Subject to no substantial objections, “No Stopping” restrictions be implemented, on College Street, for approximately 21m in a northerly direction from the intersection with Michelle Avenue, Cambridge Park, as shown in Appendix 2.

5.    “No Stopping” restrictions be signposted for 10m, from the intersection with College Street, on the northern and southern sides of Barlow Street, Cambridge Park, and 10m southward in College Street as shown in Appendix 1.

6.    “No Stopping” restrictions be signposted for 10m, from the intersection with College Street, on the northern and southern sides of Michelle Avenue, Cambridge Park, and 10m southward in College Street as shown in Appendix 2.

 

 

GENERAL BUSINESS

 

GB 1          Station Street and Railway Row, Emu Plains                                                      

Councillor Tricia Hitchen raised concerns in regard to Station Street and Railway Row at Emu Plains requesting the access and layout, (side near O’Donoghues), be better sign posted and delineated, as people are confused about priorities.

RECOMMENDED that Council investigate the matter.

 

 

GB 2          VMS Policy and Guidelines                                                                                    

Councillor Marcus Cornish advised of the proliferation of VMS within the Penrith LGA. Council’s Executive Manager Environment & City Development advised that the Roads and Maritime Services (RMS) have a strict VMS policy in place and Council Rangers are in the process of reviewing this policy. Councillor Marcus Cornish requested that hire companies be given a copy of this policy in order to raise awareness for the general public as to the location of where a VMS board can be positioned.

RECOMMENDED that Council provide hire companies with a copy of the VMS Policy.

 

GB 3          Nepean Triathlon Feedback                                                                                   

Council’s Senior Traffic Officer advised that feedback was received from The Nepean Triathlon Committee in relation to the Triathlon event held on Sunday, 26 October, 2014, and the associated temporary closure of Castlereagh Road, between Old Castlereagh Road, Penrith and Rickards Road, Agnes Banks.

 

The organisers received two requests from residents to have vehicular access on the morning which was provided by Police escort.  One complaint was received regarding early morning noise and another complaint was received regarding road works in Castlereagh Road which was unrelated to the event. 

 

The Nepean Triathlon Committee received over 100 emails favourably commenting on the new course (Castlereagh Road), requesting the new course be retained in future years, and compliments regarding the scenic qualities of the area.   Sydney TV press and press from Queensland and Western Australia also spoke highly of the event and the area. 

 

As a result, Nepean Triathlon has been nominated by the Triathlon Australia Authority in the “Events NSW” category, as the best race in NSW.

 

RECOMMENDED that Council note the information.

 

 

GB 4          Advertising Trailers parked in Mullins Road, Penrith                                         

The Busways representative raised the issue of advertising trailers being parked in Mullins Road, opposite the entry/exit to Bunnings. Council noted the parking of legally registered vehicles (including trailers) is not an offence.

RECOMMENDED that Council note the information.

 

 

GB 5          Load Limits applied to Coreen Avenue, Penrith                                                  

The Busways representative raised the issue of load limits applied to Coreen Avenue, Penrith. Advice was requested in terms of the application of such restrictions as they relate to bus movement.

RECOMMENDED  that Council investigate the matter.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:40am.

 

 

 

RECOMMENDATION

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

 

 

 


Ordinary Meeting                                                                                         24 November 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 10 November, 2014

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish (arrived 9:05pm), Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen and Karen McKeown.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for the period 30 October 2014 to 23 November 2014 inclusive.

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 10 November 2014 to 15 December 2014 inclusive.

Leave of Absence was previously granted to Councillor John Thain for 10 November 2014.

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

Leave of Absence was previously granted to Councillor Michelle Tormey for 10 November 2014.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 October 2014

The minutes of the Policy Review Committee Meeting of 13 October 2014 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Penrith City Children’s Services Cooperative Ltd as his daughter in law works for a child care centre operated by Council.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith City Children's Services Cooperative Ltd

His Worship the Mayor, Councillor Ross Fowler OAM left the meeting, the time being 8:49pm.

His Worship the Mayor, Councillor Ross Fowler OAM returned to the meeting, the time being 8:50pm.

 

Acting Children’s Services Manager, Jade Bradbury introduced the report and invited Max Friend, Chairperson of Penrith City Children’s Services Cooperative Ltd to give a presentation.

 



RECOMMENDED

That:

1.     The information contained in the report on Penrith City Children's Services Cooperative Ltd be received.

2.     Council agree to underwrite the operation of Penrith City Children’s Services Cooperative Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2014-15.

 

 

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

 

5        Macarthur Real Estate Engagement Project

Councillor Ben Goldfinch left the meeting, the time being 8:58pm.
Councillor Ben Goldfinch returned to the meeting, the time being 9:00pm.

 

Councillor Marcus Cornish arrived, the time being 9:05pm.

 

Councillor Marcus Cornish left the meeting, the time being 9:11pm.

Councillor Marcus Cornish returned to the meeting, the time being 9:16pm.

 

Community Projects Officer, Vesna Kapetanovic introduced the report and invited Eva Gerencer, Strategic Development Manager from Western Sydney Community Forum to give a presentation.

RECOMMENDED  that the information contained in the report on Macarthur Real Estate Engagement Project be received.

 

 

Outcome 2 - We plan for our future growth

 

2        Draft State Environmental Planning Policy No.65 Design Quality of Residential Flat Development - Draft Submission                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Draft State Environmental Planning Policy No.65 Design Quality of Residential Flat Development - Draft Submission be received.

2.     Council endorse the attached submission on the draft State Environmental Planning Policy No 65 Design Quality of Residential Flat Development, together with any additional critical issues identified by Councillors, as the basis of a final submission to be forwarded to the Department of Planning and Environment.

3.     A copy of the final submission be forwarded to all Councillors.

 

 

 


 

Outcome 4 - We have safe, vibrant places

 

4        Reclassification of Council Owned Land in St Marys Town Centre                          

RECOMMENDED

That:

1.     The information contained in the report on Reclassification of Council Owned Land in St Marys Town Centre be received.

2.     As a land owner, Council commence the statutory process to reclassify identified Council owned land as stated within this report.

3.     The resultant parcel of land from the proposed closure of Kokoda Place be classified as ‘operational’ land.

 

 

Outcome 2 - We plan for our future growth

 

3        Reclassification of Certain Public Land in St Marys Town Centre                             

RECOMMENDED

That:

1.     The information contained in the report on Reclassification of Certain Public Land in St Marys Town Centre be received.

2.     A Planning Proposal reclassifying the public land identified in Appendix 1 from Community Land to Operational Land be sponsored for submission to the Department of Planning and Environment’s Gateway Process.

3.     The Minister be requested to delegate her authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010 be requested.

4.     Consultation with New South Wales Government Agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

5.     The Planning Proposal be placed on public exhibition in accordance with any Gateway Determination issued by the Department of Planning and Environment.

6.     An independently chaired public hearing be held at least 21 days after the close of the public exhibition period.

7.     A planning consultant be engaged to independently chair the public hearing.

8.     A report be presented to Council on the submissions received during the public exhibition and the results of the public hearing.   

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 Karen McKeown

 

Councillor Jackie Greenow OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:22pm.

 

 

 

RECOMMENDATION

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

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Penrith Business Alliance - Status of Deed and Funding                                                   1

 

Outcome 2 - We plan for our future growth

 

2        Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek   Applicant: Muhammadi Welfare Association Incorporated;  Owner: ~Muhammadi Welfare Association Incorporated

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 5

 

3        Development Application DA14/0766 - Construction of a temporary haulage road and associated infrastructure upgrades to facilitate the movement of trucks associated with future works in the Central Precinct, St Marys at Lot 1 DP 1132380 (No.s 75-103) Links Road, St Marys Applicant: Lend Lease;  Owner: ~St Marys Land Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               35

 

4        Development Application DA14/0711 Proposed two storey dwelling and septic tank at Lot 71 DP 1129237 (No. 132A) Kerrs Road, Mount Vernon Applicant: Wincrest Group Pty Ltd; Owner: Nicholas P Curryer

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

 

5        Rezoning Application RZ13/002: The Fernhill Estate, Mulgoa Applicant: Angas Securities Limited;  Owner: ~Owston Nominees No 2 Pty Ltd RZ13/002

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               69

 

 

Outcome 3 - We can get around the City

 

6        Tender Reference RFT14/15-09 for the Construction of New Concrete Paths              75

 

Outcome 4 - We have safe, vibrant places

 

7        Tender Reference 14/15-05, Public Toilet Cleaning Services                                         83

 

8        Tender reference 14/15-02 for the Supply and Installation of 100 lux Floodlighting to Zones 2 to 5 (Field No.'s 5 to 11) at Jamison Park, South Penrith                                                       92

 

9        Tender Reference 14/15-04 Provision of Lighting & Electrical Services, Queen St, St Marys    98

 

10      Urban Development Institute of Australia National Congress 2015                               101

 

 

 

 

Outcome 5 - We care about our environment

 

11      Tender Reference 14/15-07 Provision of Bush Regeneration and Associated Services in Cranebrook                                                                                                                     111

 

12      South Creek Flood Study 2014                                                                                      122

 

13      Support for the UWS Solar Car Project                                                                         134

 

 

 

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

 

14      Youth Week 2015 recommended program                                                                   139

 

15      2015 Seniors Week Grants Program                                                                             144

 

16      Penrith Homelessness Summit Outcomes                                                                    152

 

17      Cultural Relationships                                                                                                     160

 

 

 

Outcome 7 - We have confidence in our Council

 

18      Organisational Performance Report - September 2014                                                165

 

19      Annual Report 2013-14                                                                                                  171

 

20      Audit Committee                                                                                                             173

 

21      Code of Conduct - Report on complaints statistics                                                        178

 

22      Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors                                                                                                                      180

 

23      Proposed Council Meeting Calendar for 2015                                                               182

 

24      2014 Local Government NSW Annual Conference                                                      186

 

25      Review of Code of Meeting Practice                                                                             189

 

26      Sundry Debts to be Written Off                                                                                      191

 

27      2013-14 Financial Statements                                                                                        194

 

28      National Stronger Regions Fund Submission                                                                196

 

29      Summary of Investments & Banking for the period 1 October to 31 October 2014     199

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Penrith Business Alliance - Status of Deed and Funding                                                   1

 

 

 



Ordinary Meeting                                                                                         24 November 2014

 

 

 

1

Penrith Business Alliance - Status of Deed and Funding   

 

Compiled by:               Mark Broderick, Planning and Advocacy Co-ordinator

Authorised by:            Ruth Goldsmith, Executive Manager - City Planning and Community  

 

Outcome

We can work close to home

Strategy

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

Service Activity

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

      

 

Executive Summary

In 2009 Council established and funded the Penrith Business Alliance (PBA), with both parties signing a Deed of Agreement in November 2009.  The Deed will terminate on 30 November 2014.  The Deed commits the PBA to undertake a range of economic functions.

 

The lapsing of the Deed provides opportunity for reflection on the effectiveness of the current arrangements and consideration of whether these could be further improved.  This is normal practice for Council.

 

A review of the PBA’s delivery of the terms of their Deed is currently underway, and the outcomes of that review will need to be considered by Council early next year.  Given the current review process, this report seeks an extension of the Deed until the end of June 2015.  An extension of the Deed will also give the PBA certainty to continue to operate under its agreed functions until the outcomes of the review are determined.

Background

Council’s vision for Penrith is one of a sustainable and prosperous region with a harmony of urban and rural qualities.  Continued and sustainable economic growth is a key component in the delivery of this vision. 

 

The PBA was established in 2009, following a review of options available to Council to deliver Citywide economic development and employment services.  The PBA is guided by a Board formed with broad representation from a range of key employment and development sectors.  Council’s representatives on the Board are the Mayor, Councillor Ross Fowler OAM, Councillor Jim Aitken OAM, and Craig Butler, Assistant General Manager.

 

The PBA’s mission is “To promote sustainable economic growth for Penrith as a Regional City through innovation, strategic alliances, enterprise development and investment attraction.”  The PBA was established with funding from a transfer of funds previously allocated to Council’s Economic Development Department, and a special rate targeted at economic development.

 

The Deed of Agreement between Council and the PBA broadly outlines the ‘deliverables’ the PBA is funded to achieve, with a particular focus on the creation of 40,000 jobs by 2031.  The PBA must submit a Business Plan to Council each year for agreement, and must report its performance against the past year’s Business Plan to Council, in support of the request for funding for the following year.  Half of the funding is paid when Council endorses the Business Plan, with the balance paid in 6 months.

Current Position

An independent review is currently examining how well the current model for economic development is working, what outcomes have been delivered since its creation in 2009 and if these things can be improved upon.  Effectively, this review is about considering if the current arrangements are best achieving contemporary outcomes for Council and the City, and whether improvements to the model can or should be made.

 

The review will be completed shortly.  It is likely that the outcomes of the review and the way forward will need to be further considered by Council early next year.  Given the current review process, this report seeks an extension of the Deed until the end of June 2015.  The extension will also give the PBA certainty to continue to operate under its agreed functions until the outcomes of the review are determined.

Financial Services Manager’s Comments

The 2014-15 Operational Plan includes a budget of $595,049 for Penrith Business Alliance of which $297,524.50 was paid in July 2014 representing the first six- monthly instalment of this allocation.

 

This report recommends that the Deed of Agreement with PBA be extended to June 2015 while a review is undertaken.  If this extension is endorsed it would require the payment of the second six-monthly instalment of $297,524.50 in early 2015, as has occurred in prior years, in order to enable the continued operation of the PBA until this time.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith Business Alliance - Status of Deed and Funding be received.

 

2.    The Deed of Agreement made between Penrith City Council and Penrith Business Alliance Ltd made on the sixteenth of November 2009 be extended until 30 June 2015.

 

3.    Council endorse the payment to Penrith Business Alliance Ltd of the second six-monthly instalment of $297,524.50 by the end of January 2015.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek  Applicant: Muhammadi Welfare Association Incorporated;  Owner: ~Muhammadi Welfare Association Incorporated

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 5

 

3        Development Application DA14/0766 - Construction of a temporary haulage road and associated infrastructure upgrades to facilitate the movement of trucks associated with future works in the Central Precinct, St Marys at Lot 1 DP 1132380 (No.s 75-103) Links Road, St Marys Applicant: Lend Lease;  Owner: ~St Marys Land Limited

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               35

 

4        Development Application DA14/0711 Proposed two storey dwelling and septic tank at Lot 71 DP 1129237 (No. 132A) Kerrs Road, Mount Vernon Applicant: Wincrest Group Pty Ltd; Owner: Nicholas P Curryer

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

 

5        Rezoning Application RZ13/002: The Fernhill Estate, Mulgoa Applicant: Angas Securities Limited;  Owner: ~Owston Nominees No 2 Pty Ltd RZ13/002

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               69

 

 

 

 

 

 



Ordinary Meeting                                                                                         24 November 2014

 

 

 

2

Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek  Applicant:  Muhammadi Welfare Association Incorporated;  Owner:  Muhammadi Welfare Association Incorporated   

 

Compiled by:               Pukar Pradhan, Senior Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager 

Requested By:            Councillor Marcus Cornish

 

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 Muhammadi Welfare Association for the construction of two buildings, associated onsite parking and landscaping for the purpose of “Place of Public Worship” on the subject site.  The site is zoned RU2 (Rural Landscape) under Penrith Local Environmental Plan 2010 (Stage 1) (LEP 2010). The proposed development is defined as a “Place of Public Worship”, which is permissible in this zone with Council’s consent. The site is currently vacant.

The Development Application was advertised, notified and placed on public exhibition on two occasions, firstly from 18 November 2013 to 2 December 2013 and again from 29 September 2014 to 13 October 2014. The second occasion was to clarify that the proposal most closely represented a Place of Public Worship as defined in LEP 2010, as it was originally described by the application as a meeting hall, carpark, outbuilding and wastewater system. Council received four letters from the residents during the first exhibition and one received during the second exhibition. The main concerns raised in the submissions relate to increase in traffic, poor road condition and its capacity and potential noise from the proposed development. These concerns are addressed in this report.

An assessment under Section 79C of the Environmental Planning and Assessment Act, 1979 has been undertaken and the following key issues have emerged for close consideration as a result of this assessment process and are given specific attention in this report:

·    Parking and Traffic

·    Noise impacts

·    Rural character and amenity

·    Flora and fauna impacts

·    Onsite sewage management system

The proposed development is consistent with the provisions of the Environmental Planning Instruments and Development Control Plan applicable to the site. Council’s Engineering, Traffic, Health and Environment Sections have been consulted and have recommended conditions of consent which are included in this report.

Australian Bureau of Statistics of 2011 identified 3,305 Penrith residents religion as Islamic and as one of the fastest growing religious groups in Penrith. The proposed facility is described by the application to provide a venue for social, cultural and intellectual development and welfare of the community.

The use is permissible in the zone, the site is suitable for the proposed development and the proposal is unlikely to have significant adverse impact on the existing environment or amenity of the area. The proposal is recommended for approval subject to standard and special conditions.

Background

A pre-lodgement meeting was held on 30 October 2012 with the applicant to discuss the proposal and at that time, the applicant emphasised that the proposal would be for a community facility and not a Mosque. The applicant was advised to consider several matters including the maximum number of people, types of functions, noise, vegetation management, traffic and parking and hours of operation in their development application.  The applicant responded to the advice given at those meetings and included information required with the DA.

After several meetings with the applicant, the applicant was advised that the proposal most closely fits the definition of “place of public worship” rather than a community facility. The application was therefore re-exhibited for fourteen days to adjoining and nearby properties advising that the application has been amended from a “Community Facility” to a “Place of Public Worship.”

Council received four submissions from residents during the first exhibition and one submission during the second exhibition period. The concerns raised in the submissions are discussed in the report.

Site and Surrounds

The subject site is situated on the western side of Clifton Avenue around 800m from its intersection with Elizabeth Drive. The site has a frontage of 90m, an average depth of 630m and width of 204.87m along the rear boundary.  The site has a total area of 8.9Ha. The site contains many native trees and shrubs with lesser concentration of vegetation along the frontage of the site where buildings and parking areas are proposed to be located.  

The surrounding area is characterised by rural residential development. A quarry and waste management facility is located one block further to the south around 100m of this property (Refer to Appendix 1 for Location Plan).

The Proposed Development

The facility is proposed to be operated by the “Muhammadi Welfare Association Inc.” which is a non-profit Muslim community organisation.  The applicant states that their aims are to bring together people from different countries with similar cultural backgrounds for lectures, seminars, picnics and other community assistance. The applicant states that the property would not be used as a Mosque as the main use of the facility will only involve short praying after their gatherings and meetings.

The application states that the use of the site will be for,

“the social, cultural and intellectual development and welfare of the community, rather than being specifically for a school or religious worship.”

Praying will be conducted on site however, in particular in larger numbers on ‘sacred’ occasions after or before functions.  The proposed development includes the following:

Construction of a main meeting hall building (599m2 excluding verandah) consisting of the following:

Ground level

-     1 main hall room with a capacity of 134 people at ground level (198sqm) and 76 people at mezzanine level (83.50m2).

-     2 meeting halls (124m2 & 61m2),

-     Verandah (328m2)

-     Entry/foyer, utility rooms and

-     A lift.

Upper level

-     2 Meeting Halls (117.30m2 & 57.95m2),

-     A lift,  and

-     Utilities rooms.

The height of the main building is approximately 10.00m to the ridge and external walls vary in height from 5.26m to 6.80m. The built up area of the building excluding verandah area is proposed to be 599m2.

Construction of an outbuilding involving the following:

-     Total floor area of 364m2 (14m x 26m).

-     Kitchen (20.70 m2)

-     Building height to the ridge is proposed to be 9.36m and wall height along the side to be 4.037m and 8.0m at the central part of the outbuilding.

-     To be used for eating pre-prepared food by attendees. The outbuilding is proposed to be used for serving pre-prepared meals for the attendees as well as storage. A special condition has been recommended to ensure use of the outbuilding for these purposes only.

Access driveway and Landscaping:

-     184 permanent sealed parking spaces

-     Landscaping along the front and side boundaries and within the proposed car parking areas. Landscaping will include a mix of native trees, shrubs and ground covers.

-     Access to the development is proposed from the front of the site via Clifton Avenue.

(Site, floor plans and elevations are in Appendix 2, 3, 4, 5 and 6).

The number of people attending and hours of operation is proposed as follows:

 

Type of meetings

Nos. of days in a year

Nos. of people attending

Time of function

Regular community

meetings/

functions

A total of 20 days throughout the year.

70 – 100 people

10am to 1:00pm or

6pm – 10pm

Children classes

Weekends

22 children and teachers

10am – 1pm

Muharram 

1 day in November

2 days in November and 2 days in July

350 

400 people (may increase to 500 in the future)

6pm – 10pm

6pm – 10pm

 

Muharram, Ramadhan and Jamadi  ul Awal, safar and Rabi-ul-Awal etc.,

19 days (9 days in July, 7 days in  November, 2 days in December and 1 day in January)

200 – 250  people

6pm – 10pm

Other smaller events/functions

A total of 51 days throughout the year.

Varies from 70 to 100 people

6pm – 10pm

 

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)    Phase I Preliminary Contamination Assessment

k)   On site Sewerage Management Report

l)    Waste Management Plan

 

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, and having regard to those matters; the following issues have been identified for further consideration.

 

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

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (SREP 20)

Sydney Regional Environmental Plan No. 20 integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment. The REP is supported by an Action Plan, which includes actions necessary to improve existing conditions.

The proposal will have minimal impacts on the river environment as it will not compromise the water quality or scenic qualities given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction. Standard conditions (D001, D009 & D010) are recommended to be included in the consent to ensure that these controls measures are in place during construction works on the site.

The development proposes an underground tank in accordance with Council's WSUD Policy and DCP 2010. The onsite effluent management system has been assessed to be satisfactory and it is unlikely to impact on the adjoining properties or waterways. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage and is satisfied with this aspect of the proposal.

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

The objectives of SEPP 55 are as follows:

·    to provide for a state wide planning approach to the remediation of contaminated land and

·    to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.

Pursuant to SEPP 55, Council must consider the following matters:

·    whether the land is contaminated

·    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.

The applicant has submitted a Stage 1 Preliminary Investigation Report prepared by Ian Rufus “Hillcrest” dated January 2014 along with photographical records of several years of the site.  The report concludes that the site has been in a natural state for the last 50 years and that no contaminating activities have occurred. This demonstrates that the subject site is unlikely to be contaminated and hence is suitable for the proposed use.

The Report along with additional information provided by the applicant was examined by Council’s Environment Section who has provided the following comments:

Stage 1 Preliminary Contamination Investigation– Prepared by Ian Rufus of Hillcrest – dated June 2014 and subsequent additional information letter “Contamination Assessment – Prepared by Ian Rufus of Hillcrest – Dated 23/5/2014 provides a satisfactorily assessment of the potential for contamination onsite required under SEPP55. The supporting information provides a satisfactory assessment of the site’s history, previous uses, present site condition, potentially contaminating surrounding uses in the area and a review of satellite imagery, it is considered that it is unlikely that the site is contaminated and 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. In view of the above, it is concluded that the site in its current state is suitable for the proposed use.

The intent of SEPP 55 is therefore considered to be satisfied.

State Environmental Planning Policy (Infrastructure) 2007

Clause 104 – Traffic - Generating Development of SEPP (Infrastructure) requires that a place of public worship having capacity for 200 or more vehicles or site with access to a classified road or to road that connects to a classified road (if access within 90m of connection, measured along alignment of connecting road) is classified as traffic generating activity to be referred to the NSW Roads and Maritime Services (RMS).

The proposed development provides 184 permanent sealed car parking spaces. The site is located 800m (well over 90m) from a classified road (Elizabeth Road) and does not have direct access to classified road. The application therefore does not require concurrence from the NSW Roads and Maritime Services.

Council’s Traffic Engineers have examined the traffic and parking assessment report submitted with the application and has advised that the increase in traffic volume by this proposal is unlikely to have adverse impact on the local road network. They have raised no objection to the proposal subject to several conditions recommended being incorporated in the consent.  Their comments and recommended conditions are detailed in a later part of the report.

Penrith Local Environmental Plan (LEP) 2010 (Stage 1)

Penrith Local Environmental Plan 2010 applies to the site. The site is zoned RU2 (Rural Landscape) under Penrith LEP 2010 (Stage 1) and places of public worship and community facilities are both permissible in the zone with Council’s consent. The proposed development is most closely defined as a “place of public worship” which is permissible with the consent of Council.

Place of public worship is defined as:

“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”.

The objectives of the zone are as follows:

·    To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

·    To maintain the rural landscape character of the land.

·    To provide for a range of compatible land uses, including extensive agriculture.

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

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

·    To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.

The proposed development is compatible with the environmental capabilities of the land and 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

There is no maximum building height stipulated under this clause of the LEP. It is considered that the built form of the proposal is comparable with contemporary rural/residential development in the rural areas.

Clause 5.9 – Preservation of trees or vegetation

The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

The site contains Shale Gravel Transition Forest, an Endangered Ecological Community (EEC) under the NSW Threatened Species Conservation Act 1995. It is also listed as Critically Endangered under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

The applicant has submitted a Flora and Fauna Report prepared by Envirotech. The report acknowledges that there is vegetation on this site that offer a habitat for a range of native fauna. An impact analysis was undertaken in accordance with Section 5A of the Environmental Planning and Assessment Act, 197 to determine “whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats” listed on Schedules 1 or 2 of the Threatened Species Conservation Act (1995).

The assessment concludes that subject to a primary mitigation measure of locating the proposal in the front portion of the property, the proposed works are unlikely to have a significant adverse impact on the vegetation, flora and fauna of the site.

The Flora and Fauna Report was examined by Council’s Senior Biodiversity Officer who has provided the following comments:

·  This proposal attempts to meet the aims of the clause by retaining the vegetation on the site that is in the highest quality.

·  The applicant has chosen an area along the frontage part of the site where there are only small amount of trees to locate the proposed development in order to minimise the removal of existing trees on the site.

·  It was noted that the site contains Shale/Gravel Transition Forest and no other individual threatened species were recorded on the site and it is concluded that the final proposal will not require a Species Impact Statement.

·  A notation will be placed on the property (Section 149 Certificate) that any future development applications likely to impact on threatened species will need to be accompanied by a Flora and Fauna Report that includes an Test of Significance prepared in accordance with section 5A of the Environmental Planning and Assessment Act 1979. Council holds environmental report(s) relating to the subject property.

·  A landscape plan (Monaco Designs PL, 8/11/2013) has been provided that outlines proposed species for plantings and 11 trees will be removed and 60 new native trees suitable to the local vegetation community will be planted. Landscape species proposed in the landscape plan are suitable for the site.

·  No form of formal protection is proposed for the bushland at the middle and rear of the site. An 88b restriction is proposed as a condition of consent to mitigate impacts on the biodiversity of the site.

·  An Effluent Management Area (EMA) is proposed at the front side of the site. The trees that are proposed to be planted in the EMA shall be required to be relocated elsewhere on site.  This matter has been recommended to be imposed as a condition of consent.

No objection was raised to the proposal subject to the imposition of recommended conditions of consent. (see Special Condition Nos. 2.16, 2.17 & 2.28 ).

Clause 6.14 – Development of land in the flight paths of the site reserved for the proposed Second Sydney Airport

The objective of this clause is to ensure that the development in the vicinity of the proposed Badgery’s Creek airport site:

(a) has regard to the use or potential future use of the site as an airport, and

(b) does not hinder or have any other adverse impact on the development or operation of an airport on that site.

The proposed development will be located within the 20 ANEF contour and outside the 25 ANEF contour. The proposed building will include climate control for heating and cooling as all activities will be inside buildings where noise from aircraft would not be a major issue for the users. Amplification will only be used inside the halls for normal speech and with closed windows and doors so that there is no noise disturbance outside the building and beyond the boundaries of the property.

The Acoustic Assessment submitted with the application prepared by Envirotech dated 14 July 2014 indicates that aircraft noise reduction of 27dBA is required for the main hall.  A condition of consent is recommended to design the building to comply with noise standard AS 2021-2000 to ensure that the sound level complies with this requirement. (Special Condition No. 2.42).

 

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

Draft Penrith Local Environmental Plan 2010 Stage 2 applies. The site is zoned RU2 (Rural Landscape) under this Draft Plan. Places of public worship are permissible in the proposed zone with Council’s consent.

The land is within the future Broader Western Sydney Employment Area (WSEA). In August 2014 the Department of Planning and Environment released details relating to the Broader WSEA and proposed amendments to State Environmental Planning Policy (Western Sydney Employment Area) 2009 (“WSEA SEPP”) for consultation.

At this stage, the proposed amendments are limited to only identifying the new land to which the Broader WSEA SEPP will apply. Detailed Precinct Planning (including rezoning) will take place for the Broader WSEA land in stages commencing in 2015. The land is identified as future employment land which is likely to comprise a mix of industrial and commercial zones.

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 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 special condition numbers 2.32 & 2.40)

·    Waste Management

The applicant has adequately addressed management of waste generated during site preparation and construction works and the ongoing use by the proposed place of worship. The applicant will allocate appropriate areas for the storage of construction materials and wastes and then will either be reused on site or taken away to a disposal facility by a licensed recycle contractor.  Appropriate standard conditions will be recommended to ensure this (Standard Conditions D009 & D010).

 

·    Onsite Sewage Management System (OSSM)

The wastewater elements of the development were assessed by Council’s Environment Team. The Council’s Environment Team comprises technically qualified Officers, who are skilled to the area of waste water management and disposal.  The Environment Team oversees Council’s Onsite Sewage Management Program, which involves over 4000 properties and requires assessment and analysis of new systems and auditing of existing systems.

During the assessment, the Environment Team required the wastewater report to be amended on several occasions to address design and operational elements of the system. Upon review of the final wastewater report the following was noted:

•        The proposed system was a commercial sewage treatment plant which utilises aeration, clarification and chlorine to treat the wastewater.

•        The system is designed to treat up to 6,000 litres.

•        In addition the system also includes a 40,000 litre holding tank to control the hydraulic flow into the treatment system. This is there is manage peak flow rates and is consistent with other large commercial sewage treatment systems. In turn it can also provide the ability to have wastewater pumped out in the event of a failure.

•        The system requires a disposal area of 3362mwhich is split into 4 subsurface irrigation areas.

•        The calculations used to determine the disposal area sizing were considered appropriate and consistent with our approach for on-site sewage management in the City. These calculations took into consideration soil type, hydraulic and nutrient loads.

It was concluded that the system was appropriately designed to manage wastewater from the development including managing wastewater flows from a large number of people during special events.

To ensure that the system does not pose a risk to public health or the Environment standard conditions R101-R105, R109, R110, R111, R114-R119, and Special Condition 2.44, 2.45 & 2.46  are recommended.

Once operational the on-site sewage management (OSSM) system will be monitored as part of the Council’s OSSM non domestic (commercial) audit program

·    Traffic & Parking

DCP 2010 requires car parking provision at the rate of 1 car space per 10 seats or 1 car space per 3.5m2 of gross floor area, whichever is the greater for a place of public worship. The number of attendees attending the facility on regular functions/assembly will be 70 to 100 people and 200 to 250 people and 19 days in a year.  The maximum number of people on site will be 400 to 500 people 5 days in a year.

 

The table below shows car parking calculations:

 

Use

Area (m2)

Car parking rate

No. Car spaces required

Main Hall/Auditorium

281.59 or

1 per 3.5 m2 or 1 per 3.5 seats, which ever greater

80.45

Hall 2

61

1 per 3.5

17.42

Hall 3

124

1 per 3.5

35.43

Hall 4

57.95

1 per 3.5

16.55

Hall 5

117.39

1 per 3.5

33.54

Ancillary Outbuilding for dining

364

Not used concurrently with halls, generates no additional car parking

No additional

Total

 

 

183.3

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.

This proposal provides for 184 sealed car parking spaces and is consistent with the requirements of the DCP.

A Traffic Report prepared by ML Traffic Engineers has been submitted and an assessment of the existing conditions by the applicant’s traffic consultant showed the following:

·  There is spare capacity for additional trips at the nearby intersection of Elizabeth Drive with Clifton Avenue.

·  All car parking demand of the proposed meeting hall needs to be contained on site.

·  The busiest traffic periods, being weekdays  from 6pm with 100 people attending a special event, generating approximately 68 vehicle trips and during days of special events with 400 - 500 people attending between 6pm and 10pm, a travel management plan will be prepared to minimise parking demand and spill over, using car pooling and mini buses etc.

·  While an increase in traffic on Clifton Avenue will occur especially during special events, no adverse traffic impacts are expected from the additional traffic generated by the development and it is anticipated that the surrounding road network will have adequate spare capacity to cater for this traffic generation during peak times.

The traffic report was reviewed by Council’s Traffic Section. The following comments were provided on the proposal:

·  On the days when 70 – 100 people (max of 100 people) will be present on site, 29 formal car parking spaces will be adequate.

·  At the less frequent times when 400 to 500 people attend the site, the additional 100 informal spaces will be available. This is less than the Council’s requirement of 184 spaces; however, there is ample additional area on site if required for further overflow parking.

·  The traffic report indicates that a travel management plan will be prepared to minimise parking demand and spill over, using car pooling and mini buses etc.

·  A one way circulation driveway is proposed around the building and car parks. A condition is recommended to require treatment to prevent conflicts between incoming vehicles and exiting vehicles (e.g. roundabout or similar with kerb extensions to provide one way restriction). Appropriate signposting at this point will also be required.  This has been recommended in the condition of consent (Special condition numbers 2.34 & 2.35).
 

Council’s Senior Traffic Engineer has concluded that the proposal will have no adverse traffic generation impacts on the local road system and car parking arrangements will be adequate for the proposed use. A condition of consent is recommended to be imposed that requires a total of 184 sealed parking spaces on site to cater for all occasions (see Special Condition No. 2.29).

The proposed car parking arrangements will be adequate for the proposed use.

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

Council’s Building Surveyor has raised no objection to the proposal regarding fire safety considerations.

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

Context and Setting

The proposed main hall building is contemporary in design. The main building has a maximum height of 10m to the ridge with external wall height varying from 5m to 6.30m.  The verandah and columns as part of the design of this building will provide a degree of articulation and introduce some visual relief to this part of the building. The design of the building is considered to be acceptable in the location.

The other building has been designed with smaller wall heights along the side elevations to minimise its bulk and scale visually.  Both buildings are located sufficiently away from the street to reduce their visual impact as seen from off site and by retaining existing trees and providing additional landscaping, the rural landscape character of the area is unlikely to be compromised.

Landscaping in the form of trees, low shrubs and grass will be carried out in appropriate locations to ensure the green corridor that exists in the immediate area will not be affected in the long term.  The proposal is compatible with the surrounding land uses and will have no significant impact on the amenity of the area.

Access, Parking and Traffic

These matters have been addressed in a previous section of this report.

Accessibility

The main building provides a ramp from the main entrance driveway to the foyer of the building and a lift is provided at the ground level to take people with a disability from ground level to the first floor level. The building also provides for accessible utilities at both levels. (See standard condition E006).  A total of 3 accessible parking spaces are proposed however in accordance with the National Building Code a total of four (4) accessible spaces are required being 1 per 50 spaces or part thereof and this is recommended as Special Condition No.2.24.

Noise Impacts

The applicant has submitted an ‘Acoustic Assessment Report’ prepared by Envirotech dated 28 May 2014 followed by an additional Acoustic Report dated 14 July 2014. These assessments have examined potential noise emissions generated by the proposed development including noise emissions from operations of the main hall, other meeting rooms, and car park areas. The NSW Environment Protection Authority (EPA) Industrial Noise Policy (INP) has been used as a basis for the assessment of operational noise emissions.

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.

In order to ensure that there are no acoustic impacts of the proposal on nearby properties  special conditions are recommended as follows:-

1. No public address systems or amplification systems (including for music) are to be used outside of both buildings in the premises at any time.

2. In the event of ongoing noise complaints relating to the development being received by Council, the owner and/or occupier of the development may be required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community.

The noise impact assessment report is to be prepared and provided to Council within 45 days of being requested. The assessment report is to be approved by Council, with any recommendations being implemented in accordance with the approved assessment report within twenty-one days from the direction of Council unless otherwise specified by Council.

It is concluded that subject to carrying out the above recommendations, the potential effects of onsite pedestrian noise and road traffic noise associated with the development and has found the impacts to the adjoining and nearby properties would be negligible.

Social and Economic Impact

The proposal poses no potential adverse social impacts. The increasing Islam Community in Penrith and surrounding area will benefit through the provision of a place of public worship and a community facility which will provide a venue for interaction, cultural and education development for use by the local community.

Employment opportunities will be increased during the construction and operation of the place of worship.

Bushfire

The site is bushfire prone.  A Bushfire Hazard Assessment Report prepared by Bushfire Consulting Services Pty Ltd dated 22 August 2013 has accompanied the DA. This report includes 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. The proposal does not represent a Special Fire Protection purpose requiring an Integrated Approval from the Rural Fire Service. The report cites as follows:

‘This proposal falls outside the requirements for specific bushfire safety construction standards as outlined in the BCA and requires only the general fire safety provisions of the BCA. The vegetation posing a hazard was determined to be the existing trees and Woodland to the west of the development area on the site. The minimum required Asset Protection Zones for new Special Fire Protection Purpose development was determined to be approximately 30 metres. The proposed development satisfies the Asset Protection Zone requirements.

The highest Bushfire Attack Level to the proposed Hall building and the outbuilding was determined to be ’BAL 12.5’. An Assess Protection Zone of 30m has been recommended to be provided around the building area for ongoing management and maintenance of bushfire protection measures, including fuel loads in the asset protection zone (APZ).  It is concluded that the development satisfies the aims and objectives of Planning for Bushfire Protection 2006 and can comply with the aims and objectives of Planning for Bushfire Protection and 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 a recommended condition of consent (See Special Condition No. 2.33).

4.   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 proposal is considered to be compatible with the surrounding and adjacent land uses. The location of the proposed development is appropriate in the context of advancement of culture in the existing rural setting.

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

·        The subject site is located adjacent to commercial use site to the north and a Waste disposal facility one block to the south of this property.

·        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 proposed development has been designed to minimise and mitigate any adverse amenity impacts on the neighbouring properties. 

 

5.   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 18 November 2013 to 2 December 2013 and from 29 September 2014 to 13 October 2014. Four submissions from nearby residents were received during the first exhibition and one submission was received in the second exhibition period. The concerns raised in those submissions are addressed below:

a)      Traffic impacts due to increase in vehicular movements as a result from this proposal.

Comments:

As discussed earlier in the report, Council’s Traffic Section has examined the proposal and the existing road networks. They have advised that, while an increase in traffic on Clifton Avenue will occur and in particular during several occasions of special events, with a traffic management plan being in place to minimise car parking demand and parking spill over, there are no adverse traffic impacts expected from the additional traffic generated by the development.  The applicant will be required to provide traffic treatment to prevent conflicts between incoming and vehicles which are required to turn right, e.g. kerb extension. It is anticipated that the surrounding road network will have adequate spare capacity to cater for this traffic generation during peak times.

b)      Noise impacts from the development.

This has been discussed in detail under ‘the Likely Impacts of the Development – Noise’.

c)      Evacuation problem along the street in case of Fire

Comments:

The applicant has been required to prepare an evacuation management plan in case of fire and other emergency situation to manage the attendees to leave the site in adequate safety (see Special Condition No. 2.4)

d)     

e)      Not enough street lights and poor road condition

Comments:

The street lights existing along the street are in line with the Australian Standard. The existing road is considered to be able to cater for the expected increase in traffic from this development. 

f)       The buildings are too big and inconsistent with the other buildings in rural area.

Comments:

This has been discussed under ‘context and setting’ and found to be compatible with larger two storey residences found in rural area.

Referrals

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

Referral Body

Comments Received

Building Surveyor

No objection, subject to conditions.

Traffic Engineer

No objection, subject to conditions.

Senior Biodiversity Officer

No objection, subject to conditions.

Environmental Management Officer

No objection, subject to conditions.

Environmental Health Officer

No objection, subject to conditions.

Development Engineer

No objection, subject to conditions

 

 

 

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

The proposed development is permissible in the RU2 (Rural Landscape) 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. They have advised that:

‘There is currently no mosque or place of worship for Islamic groups in Penrith LGA (a Prayer Hall was subsequently approved by Council on 27 October 2014).

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.

The closest mosque is located in Mt Druitt and the public finds it difficult not having access locally.

·        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 Australian Bureau of Statistics show that there is an increase in Islam population within Penrith City Local Government area from 2,693 in 2006 to 3,305 people in 2011and the trend is upwards.

·        The proposed place of worship will serve the needs of the increasing Islam population in Penrith and the surrounding area.

In the Land and Environment Court case judgement by Mr Justice Lloyd “New Century Development Pty Ltd V Baulkham Hills Shire Council (2003), Mr Lloyd cited that “the consent authority must not blindly accept the subjective fears and concerns expressed in the public submissions. Whilst such views must be taken into consideration, there must be evidence that can be objectively assessed before a finding can be made of an adverse effect upon the amenity of the area (Dixon at [53]). In Broad, de Jersey J explained (at 304) that whilst the court is clearly entitled to have regard to the views of residents of the area, those views will be accorded little, if any, weight if there is no objective, specific, concrete, observable likely consequence of the establishment of the proposed use.”

The case further cited that “In the interest of preserving religious equality and the freedom to exercise religious beliefs, the Court should be slow to adopt a construction which could have the effect of preventing the use of premises by persons who wish to practice their religion at the place where they wish to do so.”

The proposed development is unlikely to have a negative impact on the surrounding environment subject to compliance with the recommended conditions. The proposal is considered to be in the public interest.

Section 94 Contributions

There are no Section 94 contributions applicable to the proposal.

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 RU2 (Rural Landscape) zone under Penrith LEP 2010 (Stage 1). The proposal is in accordance with the relevant provisions of the environmental planning instruments and DCP pertaining to the land

 

Council’s Building, Development Engineering, 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 established place of worship for Islamic groups in Penrith LGA. The Australian Bureau of Statistics indicates that there is a large increase of language group of Arabic speaking people settling in Penrith over the past 8 years (3,305 in 2011) and that figure is increasing. There is an established need for a place of public worship for the people of this background and the proposed development will provide a facility to continue their social, cultural and intellectual development and welfare of the Community.

 

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.

The proposal is therefore considered to be worthy of Council’s support.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek be received.

2.    Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek be granted consent subject to the following conditions:

 

GENERAL

 

Standard Conditions

            A001           Approved plans

            A008           Works to BCA requirements

                                      A019           Occupation Certificate

                                      A020           Use of building

A026                    Advertising sign

A030                    No retail sales

A032                    Goods in buildings

A039                    Graffiti

A041                    Construction in bushfire areas

A046          Obtain Construction Certificate before commencement of            works

B004                    Dust          

B005           Mud/Soil

B006          Hours of work

D001          Implement approved sediment and erosion control     measures

D002          Spraygrass

D005                    No filling without prior approval

D006                    Approval for bulk earthworks

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D013                    Approved noise level 1

D014                    Plant and equipment noise

D026                    Liquid wastes

E001A        BCA compliance (Class 2-9)

E006                    Disabled access and facilities (after “AS 1428 “Design for            Access and Mobility” include “Disability (Access to                           Buildings) Standards 2010”.

E008                    Fire safety list with construction certificate

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

F006                     Water tank & Nuisance

G003                    Sydney Water Section 73 Certificate (Water Supply)

G004                    Integral Energy Clearance

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

H036                    Rain water tanks

H037                    Safe supply of water

H038                    Connection of water tanks

H039                    Rainwater tank pumps

H041                    Hours of construction work

K101           Works at no cost to Council

K210                    On-site detention

K213                    Water quality

                                      K221           Access, Car Parking and Manoeuvring – General

                                     

                                      K502           Work as executed

 

                                      K508           Entry/Exit signage

 

                                      K509           Directional signage

 

                                      L001           Approved landscaping plans

 

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L007                     Tree protection measures

L008                     Tree preservation order

Q01F                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

R101                    OSSM General

R102                    OSSM system type

R103                    Council inspections

R104                    No alterations without approval

R105                    Plumbing Code

R109                    No effluent runoff

R110                    EMA signage

R111                    AWTS servicing

R114                    EMA turfed

R115                    No structures on EMA

R116                    Diversion of stormwater

R117                    No plants for human consumption within EMA

R118                    EMA protection from stock damage

R119                    Waste Water and Native trees

 

                   Special Conditions

                   2.1     The operating hours are from 6:00 pm to 10:00 pm Mondays to Friday and             10:00am to 1:00pm on weekends. The maximum number of people in                  regular meetings is limited to only 100 people.  Delivery and service                             vehicles generated by the development are limited to daylight hours.

                             The development may hold a total of 24 days of special events within any 1                      calendar year.  Of the 24 days of permitted special events, for 19 of the 24                      days (within one calendar year) a total of 200 to 250 persons may only                            attend the premises at any one given time within the operating hours                                   stipulated above.

                             Of the remaining 5 days of special events (within one calendar year) a total                      of 400 to 500 persons may attend the premises at any one given time                       within the operating hours stipulated above.

                             These special event restrictions reflect the developments proposed patrons                      during the special periods of Ramadan and Muharram etc.

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

                   2.3     The buildings shall be constructed to comply with noise standard AS 2021-                       2000 to ensure that the sound level  internal of building is satisfactory ad is                           not impacted by the aircraft noise.

                   2.4     An evacuation management plan shall be prepared to manage and                                    evacuate all people from the site in an orderly manner in case of fire on the                      site. The management plan shall be submitted to Council for consideration                             and approval prior to the release of an Occupation Certificate.

                   2.5     The outbuilding shall not be used for other any other purposes except for                          eating purpose and it cannot be used simultaneously with the main building                        for any other purposes or praying purposes.

                   2.6     Prior to the issue of an Occupation Certificate, a Traffic Management Plan             is to be prepared to minimise car parking demand and parking spill over                  during special events at the Hall.   The Plan is to set achievable targets               and encourage participation in carpooling, mini bus use and increasing            passenger vehicle numbers.   

                             In addition, the Plan shall require the use of accredited traffic controllers at              special events, directing drivers to the informal car spaces with car spaces             furthest away from the entrance occupied first to minimise congestion near                   the entrance internally and on Clifton Avenue.  Departures are to be                         staggered and organised in blocks with the car spaces near the exit leaving           first to minimise congestion internally and on Clifton Avenue. 

                             The Plan is to be reviewed by the management of the community centre on           a regular basis and operate for the life of the community centre.

                   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 ‘Noise Impact Assessment’ prepared by Envirotech dated 11                      August 2014. 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     Prior to the issue of an Occupation Certificate, a traffic facility / treatment is                     to be provided which prevents conflicts between incoming vehicles which                        are required to turn right and exiting vehicles (eg roundabout or similar with                      kerb extensions to provide one way restriction on the western leg).                                    Appropriate signposting at this point will also be required.

                   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 a Construction Certificate the Certifying Authority shall ensure that the stormwater drainage plan prepared by Pavel Kozarovski, reference C-2346-01, dated 28/08/2014, is amended to include and comply with the following:

a. The discharge point, head wall and energy disipator shall be located within the property and a minimum of 10m from the front property boundary

b. All hard stand areas shall be directed to the Onsite Detention System (excluding the first 60m of access driveway)

c. The stormwater system is designed in accordance with Penrith City Council’s Stormwater Drainage for Building Development

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

                             a) Stormwater management systems

·                           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

                             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  The applicant shall plant 60 new trees that are suitable for the local                 vegetation community.  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 Monaco Design, 8 November 2013.

2.17  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.

                   2.18   No fill, machinery, or materials are to be placed or stored within the drip                            line of any tree. Tree protection measures are to be implemented as                                  outlined in the Australian Standard AS 4970-2009 'Protection of trees on                             development sites'.

                   2.19   Appropriate signage is to be displayed on site to reinforce designated                                vehicle circulation and parking arrangements.

                   2.20   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.

                   2.21   Sediment and erosion control measures should be appropriately placed                            around 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.

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

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

                   2.24   A total of four (4) accessible spaces complying with the requirements of                 AS2890.1 are to be provided on site for the development.

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

                   2.26   Prior to the issue of an Occupation Certificate, a Traffic Management Plan             is to be prepared to minimise car parking demand and parking spill over                  during special events at the Hall.   The Plan is to set achievable targets               and encourage participation in car pooling, mini bus use and increasing               passenger vehicle numbers.   

                             In addition, the Plan shall require the use of accredited traffic controllers at              special events, directing drivers to the informal car spaces with car spaces             furthest away from the entrance occupied first to minimise congestion near                   the entrance internally and on Clifton Avenue.  Departures are to be                         staggered and organised in blocks with the car spaces near the exit leaving           first to minimise congestion internally and on Clifton Avenue. 

                             The Plan is to be reviewed by the management of the community centre on           a regular basis and operate for the life of the community centre.

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

                   2.28   88b Instrument - Endangered Vegetation Protection

                             Prior to a Construction Certificate being issued an 88B instrument is to be               registered against the area of Lot 2 DP 812284 that is 200m from the front                   of the property along the northern boundary line and 300m from the front of            the property along the southern boundary line, and all the way to the rear             of the property that stipulates that:

                             a)      The vegetation within this area is to be retained and protected to                     offset the impacts of the proposed development.

                             b)      This area is to be permanently fenced to restrict unnecessary access.                     The fence is to be of permanent post and wire fence of rural                               character. The fence is to be maintained at all times. Gated access is                             to be provided to allow maintenance and bushfire services.

                             c)       No native vegetation is to be damaged in this area. No development,                    erection of structures, or other activities that may damage the                                  vegetation such as grazing, agriculture, use of vehicles or                                         establishment of tracks or paths is to occur within this protected area                        without the prior consent of Penrith City Council. Passive, non-                              damaging activities are permitted.

                             d)      4 signs are to be placed on the fence at suitable locations along the                          eastern edge of the protected area stating:

                                      "WARNING – NO UNAUTHORISED ENTRY

                                      The vegetation beyond this point is ecologically important

                                      (including trees, shrubs and groundcovers)

                                      ANY unauthorised disturbance (damage, pollution, dumping)

                                      is subject to a fine of up to $110,000 AND/OR 1 year imprisonment.

                                      National Parks and Wildlife Act 1974 – Section 118D(1)"

                             e)     For any development or activity that will adversely impact on the                            vegetation in this area, a new flora and fauna assessment will be                             required to be submitted with the Development Application and                                  suitable offset measures proposed.

                             f)       Noxious weeds are to be continually managed within the protected                        vegetation.

2.29  Prior to the issue of a Construction Certificate the Certifying Authority shall ensure the following is included:

a.   A total of 184 car parking spaces sealed shall be provided on site.

b.   Two way access shall be provided continuous from Clifton Ave approximately 60m distance up until the one-way access loop.

c.   Circulation roadways that facilitate the overflow car park shall be sealed.  

d.   The pavement design for the access roadways, circulation roadways and parking areas shall be sealed and shall reflect the intended vehicular loading

 

       2.30   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.

 

                   2.31   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 shown on the approved Landscape                             Plan prepared by Monaco Designs PL, 8/11/2013) without the prior                                consent of Penrith City Council and in accordance with Council's Tree                     Preservation Order and Policy.

 

                   2.32   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.

 

                   2.33   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”. All recommendations                     made in the Bushfire Hazard Assessment Report prepared by Bushfire                       Consulting Services Pty Ltd dated 22 August 2013 shall be complied with                         and a documentary evidence prepared by a qualified person to indicate                            that all recommendations have been satisfied is to be submitted Council                             prior to the release of an Occupation Certificate..

 

2.34   Prior to the issue of an Occupation Certificate, appropriate signage is to be    displayed on site to reinforce designated vehicle circulation and parking   arrangements. 

 

2.35   Prior to the issue of an Occupation Certificate, a traffic facility / treatment is to be provided which prevents conflicts between incoming vehicles which          are required to turn right and exiting vehicles (eg roundabout or similar with     kerb extensions to provide one way restriction on the western leg).        Appropriate signposting at this point will also be required.

 

2.36   In the event of ongoing substantiated noise complaints relating to the    development being received by Council, the owner and/ or occupier of the       development will be required by Council to engage the services of a        suitably qualified acoustic consultant to undertake a noise impact                     activities on the affected residential receivers.

 

2.37   A public address system or sound amplifying equipment shall not, without      the consent of Council , be installed or used in or upon the premises so as          to cause or permit the emission of sound onto any public place or nearby     residential area.

 

2.38   Materials, goods, plant, equipment, advertising structures or the like are         not to be stored , placed or displayed anywhere outside the building or           property without Council approval.

 

2.39   The owner / manager of the building shall ensure that the footpath , gutter ,    building entry and surrounds are kept clean and clear of litter at all times.

 

2.40   The management shall ensure that the behaviour of patrons entering and      leaving the premises does not detrimentally affect the amenity of the   neighbourhood. In this regard the management shall be responsible for the           control of noise , loitering and litter generated by the patron of the premises and shall ensure that people leave the premises and area in a orderly           manner.

 

2.41   No shipping/maritime or airfreight containers shall be stored externally to       the buildings.

 

2.42   The following recommendations outlined within Acoustic Assessment 81-      89 Clifton Avenue KEMPS CREEK NSW - REP-121014-C prepared by         Envirotech dated 14 August 2014 shall be followed at all times for the    duration of the operation of the development.

 

·        Windows and external doors are to remain closed during all services.

·        Management shall monitor the behaviour of the persons outside the meeting hall to prevent loud speech, other loud vocal sounds and unsociable behaviour in the area.

·        Management shall ensure that all activities onsite cease by 1:30pm on Weekdays and 10:00pm on Saturdays and Sundays.

·        A notice shall be clearly displayed at the front of the premises reminding patrons to arrive and leave in a quiet manner to avoid disturbance to neighbouring properties.

·        The occupants of neighbouring premises shall be informed of all special events that are to be conducted onsite. Information provided to neighbouring occupants is to include proposed start and stop times of the event and a contact name and telephone number of the facility so that noise complaints can be received.

·        There is to be no amplified music or use of the Public Address system external of the main hall or outbuilding.

 

2.43   The Landscape Plan (Monaco Design PL, 8/11/2013) is to be implemented   in its entirety except for:

 

a)      The trees proposed to be planted within the front of the lot are to be      relocated outside of the proposed Effluent Management Area. They     should be relocated to the rear of the development.

 

2.44   Prior to the issue of the Occupation Certificate, an Operational Wastewater   Management Plan (OWMP) for the system is to be provided to Penrith City     Council for consideration and approval. The OWMP shall be prepared by a          suitable qualified consultant in consultation with Council and other relevant      agencies, and may need to be amended to include the comments provided   by Council and other agencies. The OWMP is to address:

 

•         All environmental aspects of the operation of the on-site sewage                    management system

•         All systems and controls to be implemented to minimise the potential             for any adverse environmental impacts

•         A program for ongoing monitoring and review to ensure that the                     OWMP remains contemporary with relevant environmental                       standards. Council is to be consulted prior to any amendments of the                   OWMP. Council may request a review of the OWMP or any proposed            amendments.

 

The OWMP should include but is not limited to the following:

 

•         System information (including specifications and site plans)

•         Monitoring and testing

•         Maintenance and servicing program (treatment system and irrigation             system)

•         System performance

•         System failure contingency

•         Odour management

•         Landscape and disposal area management

•         Health and safety

 

The on-site sewage management system is to be operated in accordance with the requirements of this Plan.

 

2.45   Council is to be provided with an Annual Environmental Performance   Report detailing the performance of the system including but not limited to        the following information:

 

•         Details and records of maintenance checks of disposal areas.

•         Copies of maintenance report sheets.

•         Results of effluent output testing.

 

The first Annual Environmental Performance Report is to be provided to Council 12 months after the system is commissioned.

 

2.46   Annual testing of effluent output is to occur for the following parameters:

 

•         Total Nitrogen

•         Total Phosphorus

•         Faecal Coliforms

•         Biochemical Oxygen Demand

•         Total Suspended Solids

 

Effluent is to be sampled by a suitably qualified person and tested at a NATA accredited laboratory. The test results are to be provided to Council within 21 days of their receipt by the owner/operator. Testing is to occur at the stage of commissioning the system and every 12 months thereafter from the date of commissioning.

 

                   2.47   Prior to the issue of a Construction Certificate a S138 Roads Act                                       application/s, including payment of fees shall be lodged with Penrith City                          Council, as the Roads Authority for any works required in a public road.                        These works may include but are not limited to the following:

 

·    Vehicular crossings (including kerb reinstatement of redundant vehicular crossings)

·    Road opening for utilities and stormwater (including stormwater connection to Council infrastructure)

·    Road occupancy or road closures

 

                                      All works shall be carried out in accordance with the Roads Act approval,                                   the development consent including the stamped approved plans, and                                         Penrith City Council’s specifications.

 

                                      Contact Council’s City Works  Department on (02) 4732 7777 for further                                  information regarding the application process.

 

                             Note:

 

                             1.       Approvals may also be required from the Roads and Maritime                                           Service for classified roads.

 

                   2.48   The stormwater management system shall be provided generally in                                   accordance with the concept plan/s lodged for development approval,                     prepared by Pavel Kozarovski, reference C-2346-01, dated 28/08/2014.

 

                             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.

 

 

3.    Those who made submissions be advised of Council’s decision.

 


 

 

ATTACHMENTS/APPENDICES

1.  

DA13/1271 - Locality Plan

1 Page

Attachments Included

2.  

DA13/1271 - Site Plan

1 Page

Attachments Included

3.  

DA13/1271 - Elevations and section of the main meeting hall building

1 Page

Attachments Included

4.  

DA13/1271 - Floor Plans of the main meeting hall buillding

1 Page

Attachments Included

5.  

DA13/1271 - Floor Plan of the Outbuilding

1 Page

Attachments Included

6.  

DA13/1271 - Penrith DCP 2010 Development Control Table

7 Pages

Attachments Included

  


Ordinary Meeting                                                                                         24 November 2014

 

 

 

3

Development Application DA14/0766 - Construction of a temporary haulage road and associated infrastructure upgrades to facilitate the movement of trucks associated with future works in the Central Precinct, St Marys at Lot 1 DP 1132380 (No.s 75-103) Links Road, St Marys  Applicant:  Lend Lease;  Owner:  St Marys Land Limited   

 

Compiled by:               Aimee Lee, Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager 

Requested By:            Councillor Michelle Tormey

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a Development Application for the construction of a private temporary haulage road connecting Links Road and an existing east/west private road and upgrading of the existing road.

 

The proposed haulage road will facilitate importation of fill materials for future bulk earthworks and construction within the Central Precinct. 

 

The site is zoned ‘Employment’ and ‘Road and Road Widening’ under the provisions of Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30).  The proposed Road 001 in the Employment zone is defined as roads which is a permissible land use in the zone.  The proposed upgrading to existing Road 002 is located in the Road and Road Widening zone is also permissible in the zone.

 

As sections of the proposed roadway will traverse Blacktown City Council, the applicant has lodged a separate Development Application with Blacktown City Council seeking separate development consent and they have been consulted over this application.  The Development Application lodged with Blacktown City Council is currently being assessed.  Penrith City Council had been consulted and comments provided. 

 

In accordance with Clause 44 of SREP 30, National Parks and Wildlife Services has also been consulted and they raised no objection to the proposal subject to the installation of a temporary fencing in the vicinity of the existing macrofauna fence to ensure the macrofauna is protected from the operations/works (see Special Condition No. 3.3).

 

The Development Application has been referred externally to NSW Office of Water and Roads and Maritime Services (RMS).  Office of Water issued their General Terms of Approval on 1 August 2014 subject to conditions.  RMS raised no objection to the proposal and recommended a construction traffic management plan be submitted to Council prior to the issue of a Construction Certificate (see Special Condition No. 3.4).

 

This application was advertised, exhibited and notified from 14 July 2014 to 13 August 2014.  Council has not received any submissions objecting to the proposal.  

 

The application has been assessed with respect to the Environmental Planning and Assessment Act, 1979 (EP&A Act).  Having regard to the relevant statutory provisions, it is recommended that the information in relation to this application be received and the Development Services Manager be delegated with the authority to approve the application pending the approval of the separate Development Application with Blacktown City Council. 

 

Council has recently received Development Application No. 14/1228 for the associated bulk earthworks.  An Environmental Impact Statement (EIS) has been prepared.  This application represents designated development which is to be reported to the Joint Regional Planning Panel for determination. 

 

Background

The St Marys site was endorsed by the NSW Government for inclusion on the Urban Development Program in 1993.  The St Marys Site has a total site area of approximately 1,545 hectares comprising six (6) precincts including the Western Precinct, Central Precinct, North and South Dunheved Precincts, Ropes Creek Precinct and Eastern Precinct.

 

On 29 September 2006 the Minister for Infrastructure, Planning and Natural Resources released the Central Precinct together with the Western Precinct and Ropes Creek Precinct.  A Precinct Plan has been prepared in accordance with Part 3 of SREP 30 for each of the six (6) precincts subsequently.  The Central Precinct Plan was adopted by Council on 23 March 2009 and South Dunheved Precinct Plan was adopted by Penrith City Council on 11 December 2006.

 

In March 2008, Council approved DA07/0494 which sought approval for the construction of roadways within the Dunheved Precinct including the following works:

 

·        Importation and compaction of fill including the removal of trees

·        Construction associated stormwater engineering works

·        Construction of roads

·        Flood mitigation works

·        Environmental management works

·        Subdivision of the site into six (6) superlots, one (1) lot for future retail uses/outdoor eating area and four (4) drainage reserve lots

 

The applicant has physically commenced the above approved works.

 

The applicant attended a pre-lodgement meeting on 10 April 2014 for three (3) proposed developments and they are outlined below:

 

·        demolition and remediation of the existing munitions factory buildings

·        construction of a temporary haulage road between Links Road through to the existing internal link road between Ropes Crossing and the Central Precinct

·        importation and compaction of clean fill to raise the site levels of the Central Precinct above the 1:100 year flood level

 

Key issues raised in the pre-lodgement meeting with respect to the construction of the temporary haulage road were related to provision of stormwater, erosion and sediment controls and waste management.  In response to the issues raised, the applicant has incorporated stormwater drainage details and erosion and sediment control measures in the submitted engineering plans.  The Development Application is also supported by a waste management plan.  It is considered that the applicant has satisfactorily addressed all the issues raised in the pre-lodgement meeting.

 

Site and Surrounds

The site is bounded by Regional Park and Regional Open Space to the north, South Creek to the west, Sydney Water Sewerage Treatment Plant to the east and Dunheved Industrial Estate to the south (see Appendix 1 – Locality Plan). 

 

The alignment of the proposed haulage road (the development site) is situated within the St Marys site.  It traverses the Dunheved Precinct, the Regional Park and Regional Open Space of the Sydney Regional Environmental Plan No. 30 – St Marys however it does not fall within the Central Precinct.  The proposed haulage road is located within the designated road corridors zoned ‘Road and Road Widening” and Employment’ land within the North and South Dunheved Precincts and Regional Park areas.  The roadway will start and finish within Penrith (Sections 1 and 4) and the remainder (Section 2 and Section 3) traversing Blacktown City Council (see Appendix 2 – Area of Works and Sections).

 

The site falls approximately 2m from south to northwest.  The site comprises mainly grassland with fragments of highly degraded regrowth woodland and forest with introduced species.  Better quality endangered ecological communities can be found along the edges of South Creek and they include River-flat Eucalypt Forest, Alluvial Woodland, Sale/Gravel Transition Forest and Cumberland Plains Woodland. 

 

The site has been remediated as part of the former ADI site.  Validation Reports and Site Audit Statements have been issued.  Therefore the proposal would pose a negligible risk to the public and the environment with regard to chemical contamination or explosive ordinance. 

 

The heritage items identified in the REP are located outside the Dunheved Precinct and the site does not encroach into the Dunheved Homestead Heritage Site.  Similarly, the three (3) registered Aboriginal sites are not in close proximity to the proposed haulage road.

 

The site is located in the floodplain of South Creek and therefore affected by flooding following rainfall in the catchment and by backwater from major flood events in the Hawkesbury-Nepean River.

 

Proposed Development

The proposal seeks approval for the following:

 

1.       Construction of a private haulage road connecting the existing Links Road with the existing east/west private road which facilitate the connection of the Central Precinct with Ropes Crossing.

 

2.       Importation of 20,000m2 of fill to be placed and compacted along the haulage road alignment to ensure the site sits above the South Creek floodway.

 

3.       Construction of the haulage road is scheduled to commence at the end of 2014 and construction will last for three (3) to (4) months.

 

4.       The proposed hours of construction are 24 hours a day, 7 days a week.

 

The proposed haulage road consists of four (4) sections as outlined below:

 

 

 

Section

Proposed Works

Council Area

Comments

1

Construction of a new road intersection with Links Road including installation of temporary construction fencing at the roadway entrance from Links Road for security purposes.

Penrith

This intersection is already approved under the Dunheved Precinct DA.

2

Construction of a temporary haulage road from the Links Road intersection to the north-western border of the Dunheved Precinct.

Penrith and Blacktown

This intersection is already approved under the Dunheved Precinct DA.

3

Extension of the construction of Road 001 from the north-western border of the Dunheved Precinct to the existing east/west private road.

Blacktown

-

4

Upgrade of the existing Road 002 to the border of the Central Precinct.

Penrith and Blacktown

This section is an existing roadway

 

(see Appendix 2 – Area of Works and Sections)

 

Other details of the proposed haulage road are outlined below:

 

·        Road 001, running in a north-south direction, is a newly constructed sealed road of 18.5m wide with a total road reserve width of 30m. 

 

·        Road 002, running is an east-west direction, is a 7m-wide existing road and will be upgraded as part of this application.  Its total road reserve width will be 26.6m.

 

·        Both Road 001 and Road 002 can accommodate two-way truck movements.

 

·        The road is designed to allow a single entry/exit point at the proposed new intersection at Links Road enabling controlled access to the site and establishment of haulage routes within the site. 

 

·        Access from Links Road will be a simple priority control arrangement with a waiting/turning area to accommodate 19m truck and dog trailer vehicles.

 

·        Internal speed restriction will be 20km/hr.

 

·        A detailed Construction Management Plan will be prepared and submitted with the application for a Construction Certificate.

 

·        A Site Supervisor will be appointed to ensure all health and safety procedures are observed.

 

This application is supported by the following documents:

 

Location Plan

Cardno

Engineering Plans

Cardno

Flora and Fauna Assessment and Supplementary Ecological Assessment

Cumberland Ecology

St Marys site-wide Site Audit Statement

CHK001/1 dated 7/6/1999

Assessment of European for the Dunheved Precinct

Casey and Lowe

Aboriginal Heritage Impact Permits, Aboriginal Heritage Impact Report for the Dunheved Precinct and accompanying letters

GML

Civil Report

Cardno

Traffic Assessment Report

Cardno

Waste Management Plan

Cardno

Acoustic and Dust Review Report

Wilkinson Murray

 

Planning Assessment

1.0     Threatened Species

DA07/0494 for the construction of roadways within the Dunheved Precinct was accompanied by a Flora and Fauna Assessment and Assessments of Significance prepared by Cumberland Ecology dated January 2007.  This report was approved and formed part of the development consent.  The approved Flora and Fauna Assessment and Assessments of Significance were prepared in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act), Threatened Species Conservation Act, 1995 (TSC Act) and the Director General’s Requirements.

 

However the area for proposed Road 001 between Links Road and the existing approved Road 002 was not assessed under DA07/0494.  Therefore a supplementary Flora and Fauna Assessment and Assessment of Significance were undertaken for the area affected by proposed Road 001 under the subject application DA14/0766.  The methodology, results and conclusions are submitted with the current application. 

 

The survey noted that the vegetation community within the site consists of grassland derived from clearing of woodland and scattered trees and twenty (20) native and planted trees were mapped.  The native species occur along the fence line separating the site from the Regional Park.  The native trees are predominantly Forest Red Gum which represent characteristic canopy species of River Flat Eucalypt Forest (RFEF), a type of listed Endangered Ecological Community.  They are highly fragmented and presents a low condition version of RFEF. 

 

The planted species occur mainly along the existing east-west road.  No threatened flora and fauna species were recorded within the site.  Due to the modified condition of the site, the existing young trees have limited potential to form hollows and provide fauna habitat.

 

The proposed works will require removal of ten (10) of the trees.  Based on the findings of the survey and considering the proposal involves clearance of the grassland and ten (10) fragmented young trees of low condition, the supplementary Flora and Fauna Assessment concluded that:

 

“the proposed development is not likely to have a significant impact on RFEF such that the larger and better quality representatives in the Regional Park would be placed at risk of extinction.  A range of mitigation measures are proposed to minimise indirect impacts from the clearing such as erosion and sediment control to avoid stormwater and sediment runoff and signage to ensure that no unnecessary clearing occurs.”

 

Pursuant to Section 5A of the EP&A Act, Council, as the consent authority, must also take into account whether the proposed development is consistent with the objectives or actions of the Cumberland Plain Recovery Plan (CPRP) in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats.  The following is an assessment of the proposal against the relevant objectives and actions of the CPRP.

 

Cumberland Plain Recovery Plan (CPRP)

The CPRP was approved by the Minister for Climate Change and the Environment in January 2011 under Part 4 of the Threatened Species Conservation Act 1995 Act and gazetted on 18 February 2011.

 

The following is an assessment of the proposal against the relevant objectives and actions of the CPRP:

 

Objectives

Comments

1.       To build a protected area network, comprising public and private lands, focused on the priority conservation lands

Complies. The proposed Wianamatta Regional Park has been designated as priority conservation lands.

2.       To deliver best practice management for threatened species, populations and ecological communities across the Cumberland Plain, with a specific focus on the priority conservation lands and public lands where the primary management objectives are compatible with conservation

Complies. The proposed Wianamatta Regional Park has been designated as priority conservation lands.

3.       To develop an understanding and enhanced awareness in the community of the Cumberland Plain’s threatened biodiversity, the best practice standards for its management, and the recovery program

Complies.  The community awareness of the Cumberland Plain’s threatened biodiversity is enhanced through the creation of the Regional Park.

4.       To increase knowledge of the threats to the survival of the Cumberland Plain’s threatened species, populations and ecological communities, and thereby improve capacity to manage these in a strategic and effective manner.

Complies.  The Regional Park allows for the continued increase of knowledge of threats to the threatened biodiversity of the Cumberland Plain.

 

The CPRP identifies Priority Conservation Lands (PCLs) and they are situated in the vicinity of the Regional Park and the Deerubbin lands to the north.  According to the Recovery Plan, the PCLs represent the best remaining opportunities in the region to maximise long-term biodiversity benefits for the lowest possible cost, including the least likelihood of restricting land supply.  The alignment of the proposed haulage road has not been identified as PCLs and therefore the proposal is consistent with the recovery Plan. 

 

In addition, the following table provides a summary of the general recovery actions that are linked to Penrith City Council and a comment on how each action relates to the current proposal.

 

Recovery Action

Comment

Action 1.4 Local councils will have regard to the priority conservation lands in identifying areas for inclusion in environment protection and regional open space zones.

This has been achieved through the making of SREP 30 by the Minister for Planning and the reservation of the proposed Regional Park which has been identified in the CPRP as priority conservation lands.

Action 2.2 Support and promote the adoption of best practice standards for bushland management and restoration (as specified in Appendix No. 2) on public and private lands within the Cumberland Plain

Several management plans including Weed Management Plan, Feral and Domestic Animal Management Strategy, Bushfire Hazard Reduction Plan, Landscape Management Plan and A Plan of Management for Eastern Grey Kangaroos, Red Kangaroos and Emus were prepared as part of the Precinct Plans and adopted by Council in March 2009 and December 2006.

Action 2.5 Local government will manage to best practice standards (as specified in Appendix No. 2) any lands which are under their ownership or for which they have care, control and management, which:

·        contain any of the threatened biodiversity listed in Table 1

·        are located within the priority conservation lands or, if located outside these lands, have conservation as a primary management objective.

Penrith City Council does not own and at this stage will not be acquiring any land that is affected by the proposed development which warrants control and management practices to be implemented.

Action 3.4 Work collaboratively with local government authorities and other organisations to inform communities about the value and role of remnant vegetation on the Cumberland Plain, the best practice standards for its management, and any opportunities to participate in the recovery program.

Council has adopted a Biodiversity Action Plan that includes education and community involvement programs. It should be noted that this action is not directly related to the determination of this development application.

Action 3.5 Work with Aboriginal communities, landowners, community groups, and students to deliver best practice management in the priority conservation lands, and to identify other opportunities for involvement in the recovery program.

See comments to Action 3.4 above

Action 3.7 Develop interpretive programs for key local reserves that contain examples of the threatened biodiversity addressed in the recovery plan.

See comments to Action 3.4 above

Action 4.3 DECCW will encourage local councils to prepare or review biodiversity strategies to be consistent with the recovery plan that guide protection, management and strategic investment in threatened biodiversity, both within and outside of the priority conservation lands.

See comments to Action 3.4 above

Action 4.4 DECCW will work collaboratively with local councils to enhance the compliance and enforcement program with regard to the unauthorised clearing of bushland on the Cumberland Plain

See comments to Action 3.4 above

 

Council’s Senior Biodiversity Officer raised no objection to the proposal having considered the following:

 

·        the proposed road is located entirely within the road corridor identified in the Precinct Plan.

·        the likely impact has been assessed in the previously approved Flora and Fauna Assessment for Development Consent No. 07/0494.

·        strategies are in place to mitigate the impacts from the development through the establishment of a 900ha Regional Park, management of feral and domestic animals and weed management.

 

Special conditions have been recommended to further protect the conservation values of the site (see Special Conditions No. 3.6, 3.7, 3.8 and 3.9).  Subject to compliance with the recommended conditions, the objectives of the CPRP can be achieved.

 

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

 

The following Environmental Planning Instruments are applicable to the assessment of the development application.

 

Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30)

 

Clause 3 Aims of this plan

The proposed haulage road is consistent with the aims of the REP as it will facilitate the bulk earthworks application which in turn prepares the site for future developments.

 

Clause 20 Development consent restrictions

The proposal has demonstrated compliance with this clause:

(a)     A Precinct Plan had been prepared and adopted by Council.

(b)     The proposed haulage road is located entirely within the location of the road identified in Section 4.1 of the Framework Plan for the Dunheved Precinct Plan (DPP).

(c)     The proposal is consistent with the future road hierarchy road location for a Collector Road under Section 6.1 of the DPP.

(d)     The proposal will facilitate development for the purposes of a road which in turn enables future development of land

(e)     The proposed works are consistent with the performance objectives and zone objectives of the REP in relation to:

·        Facilitate future development of employment-generating and residential land uses within the Central Precinct

·        Minimize environmental and cultural impacts on the surrounding Regional Park or heritage items including the Dunheved Homestead site and heritage trees.

 

Clause 23 Air quality

The applicant has submitted a Noise and Dust Review prepared by Wilkinson Murray with the application.  The report has recommended the following dust management measures:

 

·        Minimising exposed/excavation areas

·        Wetting down

·        Dust monitoring.

 

No objection is raised to these management measures.  The Review will form part of the approval and appropriate condition will be imposed for the implementation of these measures (see Special Condition No. 3.5).

 

Subject to compliance with the recommended conditions, the objectives of this clause can be achieved through implementation of appropriate measures with a view to improve regional air quality.

 

Clause 24 Conservation

The supplementary Flora and Fauna Assessment and Assessment of Significance have demonstrated that the proposal is unlikely to have a significant impact on the RFEF and would not place the large and viable representatives in the Regional Park at risk of extinction.

 

No objection is raised to the proposal as the design, location and construction of the haulage road has taken into consideration the conservation values of the land and the adjoining Regional Park and therefore the objective of this clause is achieved.

 

Clause 25 Heritage

The proposed haulage road is not located within the vicinity of any Aboriginal sites or heritage listed sites.  Therefore the proposal would not have any adverse impact on the heritage significance of the heritage items identified in SREP 30.

 

Clause 28 Watercycle

It has been identified that a section of the proposed haulage road is located within the 1%AEP floodway and any filling to facilitate construction of the proposed haulage road will require detailed flood assessment to ascertain the extent and severity of the flooding impact to Penrith.  Having considered the temporary nature of the proposed haulage road and to avoid any delay to the construction of the haulage road and subsequent bulk earthworks, the applicant has been advised to amend the finished levels of the proposed haulage road to the natural ground level.  The amendments have been undertaken accordingly. 

 

The applicant has also been advised to increase the size of the pipe crossing from 450mm to 1.2m diameter minimum taking into consideration the blockage factor, conveyance of stormwater runoff from the upstream catchments to South Creek in minor and major storm events and accommodation of the backwater flow from South Creek flooding.  The submitted revised engineering drawings have satisfactorily addressed Council’s concern.

 

Stormwater and erosion control measures have been proposed to minimise materials being transported off site and impact on the water quality of watercourses in the locality.  These measures include hay bale, sediment fences, stabilised site entry/exit with wheel wash and gross pollutant traps. 

 

In view of the amendments and the proposed stormwater and erosion control measures, the proposal is considered to be consistent with the requirements of the Precinct Plan and the objectives of this clause in relation to:

 

·        Utilise effective erosion and sediment control measure to maintain the water quality.

·        Minimise any likely impact on flood levels and flood risks to people and property.

 

Clause 35 Waste management

A Waste Management Plan (WMP) is submitted with this application.  The submitted plan outlines the method and management of waste including mulching, storage and re-use of trees removed from the site, stockpiling of stripped topsoil for re-use on embankments, proper management of imported materials to minimise export off-site at the conclusion of works and removal of surplus materials by contractors.

 

The WMP has satisfied the requirements of this clause in relation to

·        Minimisation of unnecessary waste.

·        Promote reuse, recycle and reprocess of wastes.

 

Dunheved Precinct Plan

Aims of the DPP

The aim of the Dunheved Precinct Plan (DPP) is to promote efficient, effective and flexible delivery of innovative development and environmental, social and economic sustainability.  It also aims at creating a place to live and work through with linkage to the surrounding developments.  To facilitate future development of the site and their linkages to the surrounding developments, the Framework Plan and Environmental Management Strategies of the DPP have identified amongst other things the provision of two (2) principal public road vehicular access points at Links Road and from the new internal east west road. 

 

Access and Movement

The DPP has identified the layout and alignment of the road network within the Precinct and design criteria for Collector Roads and Other Roads.  The alignment of proposed Road 001 is consistent with the Framework Plan (Indicative Layout) and the proposed 18.5m carriageway is compliant with the requirement for a Collector Road. 

 

Water Cycle and Soils

The submitted Stormwater Layout Plan has incorporated details of surface drains, location of proposed culverts along the alignment of the proposed haulage road and details of the stormwater pit.  The applicant has increased the size of the pipe crossing and amended the finished levels of the proposed haulage road in accordance with Council’s engineering advice.  The amended plans have demonstrated that the objectives of the Precinct Plan in relation to accommodating peak flow rates and minimising the potential impact of flooding can be achieved.

 

While it is satisfied that this Application does not trigger Council’s Water Sensitive Urban Design Policy, it is recommended a condition be imposed to ensure the proposal shall be consistent with Development Consent No. 07/0494 including the Stormwater Management Strategy prepared by Parsons Brinckerhoff and the MUSIC modelling previously undertaken as part of the approval (see Special Condition No. 3.12).

 

Soil Management

Sedimentation and erosion measures including provision of a stabilised entry/exit with wheel wash, sediment fence and straw bales are proposed.  Details of these measures have been incorporated in the erosion and sediment control plans accompanying the Development Application. 

 

Stormwater runoff will be directed to open channels on either side of the road.  The pit inlet will be protected by geotextile to prevent downstream migration of pollution from the roadway.

 

These measures are considered satisfactory and have met the requirements for soil management of the DPP.

 

Contamination

The former ADI site had been remediated and Site Audit Statements (SASs) were issued.  SAS CHK001/1 issued on 7 June 1999 covers the entire St Marys site except for impervious areas occupied by buildings and road.  A review of the SAS indicates that the site is suitable for the proposed development.

 

3.0       Section 79C - Any Draft Environmental Planning Instruments

The site is not affected by any relevant draft environmental planning instruments. 

 

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

This Development Application is generally in accordance with the intent of the Penrith Development Control Plan 2006.

 

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

a.       Context and Setting

According to the Framework Plan of the North and South Dunheved Precinct Plan, employment development will be the predominant land use.  To facilitate employment, connectivity and integration with the adjoining Dunheved Industrial Estate via vehicular, pedestrian, cycle and public transport linkages has also been identified in the Framework Plan.  This integration will be achieved through the provision of two (2) public road access at Links Road and internally to the approved East-West road.  Although the proposed haulage road is temporary in nature, its alignment coincides with the designated vehicular access with Links Road of the Framework Plan. 

 

b.       Traffic, Parking and Access

The Construction Traffic Management prepared by Cardno has undertaken an assessment of the proposed construction of the haulage road and its associated impact and the findings are outlined below:

 

·        The proposed haulage road is to facilitate implementation of bulk earthworks of the Central Precinct.  It is consistent with the heavy vehicle movements in the locality especially the Dunheved Industrial Estate.

·        Approximately 20000m3 of fill is required for the construction of the proposed haulage road.

·        The fill will be sourced from Badgerys Creek and Burwood and will be transported by truck and dog trailers. 

·        The proposed haulage route for importation of fill material will be via RMS designated B-double routes M4 Western Motorway, Mamre Road, Great Western Highway, Werrington Road, Christie Street, Forrester Road and Links Road.

·        The initial six (6) weeks of works will be the most intensive in terms of traffic generation due to transportation of fill.

·        It is estimated that there will be approximately 70 truck movements (in and out) per day and 1-2 trucks entering and 1-2 trucks exiting the site per hour.

·        The traffic impact during importation of fill will be minimal and unlikely to generate adverse impact on existing traffic conditions.

·        A hardstand area adjacent to the site entrance is proposed for construction vehicle parking and truck layover in the event of delays and the works are unable to continue accepting heavy vehicles.

·        Provision of temporary works signage on Links Road

·        Clearance/trimming of trees on the northern side of Links Road to clear of permanent visual obstruction and enhance the sight triangle for drivers.

·        Preparation of a Traffic Management Plan by the contractor prior to commencement of works.

 

Council’s Traffic Engineering Department raised no objection to the proposal however modification to the haulage route on weekdays is recommended (see Special Conditions No. 3.10 and 3.11) due to the Werrington Route traversing two schools and the roundabout at the intersection of Werrington Road and The Kingsway already being at capacity.  A condition is recommended that between 8am and 4pm on weekdays, heavy vehicles shall turn right onto the Great Western Highway from Mamre Road, and access Forrester Road via Glossop Street.

 

c.       Noise and Vibration

A Noise and Dust Review Report prepared by Wilkinson Murray is submitted as part of the Development Application.  The Report has identified two nearest residential receivers, Llandilo (1500m from the site) and Werrington County (1000m from the site). 

 

The Report noted that the predicted construction noise levels in Llandilo will comply with the noise management levels given the separation between the residence and the site.  Whereas the predicted construction noise levels in Werrington County will only comply for the day and evening period.  An exceedance of 5dBA is predicated at night. 

 

The exceedance of noise management levels between 5 -10 dBA are common and the impact can be managed by adopting standard noise management principles.  The recommended mitigation measures by Wilkinson Murray are outlined below. 

 

·        Inform affected residence/owners of the work program and contact details of the site representative

·        Switch off diesel powered machines such as trucks, bobcats and excavator.

·        Maintain machines used on site to minimize noise emissions.

·        Repair, modify or remove excessively loud machines from the site.

·        Conduct sound pressure level measurements on all plants prior to works beginning on site.

·        Nominate a representative from the contractors and the applicant to monitor, manage and respond to questions and complaints from the community.

·        Control reversing alarms through replacing, shielding or relocating the alarm unit, to the minimum sound level consistent with safety requirements.

 

Noise minimization controls are also recommended under the Drivers’ Code of Conduct of the Construction Traffic Management Plan.  It has made recommendations in relation to compression braking noise, speed, braking etc.

 

The findings of the Wilkinson Murray report is satisfactory and the recommendations are conditioned accordingly (see Special Condition No. 3.5). 

 

d.       Natural Hazards

The applicant has revised the finished levels of the road to natural ground levels as per the recommendation of Engineering Services Department.  The site has been remediated and a Site Audit Statement (SAS) has been issued.  A copy of the SAS is submitted with the Application.

 

e.       Heritage

The proposed works will not encroach into the established curtilage of the King Family Dunheved Homestead Site and the Aboriginal sites as identified by SREP 30 and therefore will not have any impact on any heritage listed items.

 

f.        Site Design

The applicant has demonstrated that the proposed alignment of the haulage road is consistent with the road network identified in the Framework Plan and Environmental Management Strategies of the DPP.

 

g.       Social and Economic

The Central Precinct enables development of land zoned urban for residential purposes and increases housing choice within Penrith.  This will be supported by other land uses, facilities and infrastructure such as employment, education and community services, public transport as well as parks and open spaces. The proposal will provide socio- economic benefits to the locality.

 

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

The site is suitable for the proposed development for the following reasons:

 

·        The site is suitable for it will facilitate a permissible land use under SREP 30.

·        The site is suitable for the proposal as it is identified in the Dunheved Precinct Plan as the principal road connecting to Links Road.

·        The site will facilitate the bulk earthworks application which in turn prepares the site for future developments.

·        The site is suitable for the proposed development as it is unlikely to result in any threatened species or ecological community becoming extinct.

 

7.0       Section 79C(1)(a)(iiia) – Any Planning Agreement

St Marys Penrith Planning Agreement

Council entered into the St Marys Penrith Planning Agreement on 19 May 2009.  The Agreement contains provisions for local transport works, open space works and community services for the Central Precinct.  The proposed haulage road is not an item in the Agreement.   

 

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

(a)     External Referrals

The following authorities were consulted as per the relevant legislation as follows: -

·          NSW Office of Water – Water Management Act 2000

·          National Parks and Wildlife Services – Sydney Regional Environmental Plan No. 30 - St Marys

·          Blacktown City Council

 

Council has received the following in response to the proposal:

 

i.      General Terms of Approval issued by Office of Water dated 1 August 2014

 

NPWS has been consulted in accordance with SREP No.30 who raised no objections to the proposal subject to the installation of a temporary fencing in the vicinity of the macrofauna fence to ensure that the macrofauna is fenced in and away during construction of the haulage road.

 

NSW Roads and Maritime Services (RMS) has been consulted as adjoining property owner of the road network in the locality including M4 and Mamre Road.  RMS raised no objection to the proposal but recommended a construction traffic management plan be submitted to Council prior to the issue of a Construction Certificate.

 

ii.     A meeting was held with Blacktown City Council on 29 August 2014 to discuss the flooding issue identified in the assessment of the proposal and the process in relation to the determination of the proposal. 

 

(b)     Public Submissions

The application was advertised, placed on public exhibition and notified to the owners and occupiers of adjoining and nearby properties from 14 July to 13 August 2014 in accordance with Penrith Development Control Plan 2006.  Council has not received any submissions.

 

(c)     Internal Referral

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

 

Referrals

Comments

Senior Development Engineer

No objection, subject to conditions.

Traffic Engineer

No objection subject to modification to the haulage route to use Glossop Street then Forrester Road between 8am and 4pm.

Senior Biodiversity Officer

No objection, subject to conditions.

Senior Water Management Officer

No objection, subject to conditions.

Environment Health Officer

No objection, subject to conditions.

 

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

The application was documented, advertised, exhibited and notified from 14 July to 13 August 2014 in accordance with Clauses 50 and 89(3) of the EP&A Regulation 2000.

 

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

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

 

Conclusion

The application is considered satisfactory having regard to:

 

1.         The above assessment has demonstrated that the proposal has met the relevant provisions of the following legislations:

 

a.         Environmental Planning and Assessment Act 1979

b.         Threatened Species Conservation Act 1995

c.         Environmental Planning and Assessment Regulation 2000

 

2.         The proposed haulage road is consistent with the desired future character, design and function as identified in SREP 30 and Central Precinct Plan.

 

3.         The findings of the flora and fauna assessment have demonstrated that the proposal would not have a ‘significant effect’ on threatened species and ecological community.

 

4.         The site is suitable for the proposal and the development being in the public interest.

 

As the scope of works traverse the local government boundary between Penrith City Council and Blacktown City Council, it is considered appropriate that the issue of a consent under delegated authority be held until such time as Blacktown City Council determines their separate development application lodged for similar works within their jurisdiction, as access into the Central Precinct is dependent on the haulage road in this location.

 

In view of the above assessment, it is recommended that the information contained in this report be received by Council and that the General Manager be delegated with the authority to determine this application subject to the recommended conditions upon the issue of Blacktown Council’s determination.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0766 - Construction of a temporary haulage road and associated infrastructure upgrades to facilitate the movement of trucks associated with future works in the Central Precinct, St Marys at Lot 1 DP 1132380 (No.s 75-103) Links Road, St Marys be received.

 

2.    Council form the opinion that the subject application is unlikely to have a ‘significant effect’ upon threatened species, communities and habitat of conservation significance as outlined in the Flora and Fauna Assessment prepared by Cumberland Ecology dated January 2007 and the supplementary Ecological Assessment prepared by Cumberland Ecology dated 26 June 2014.

 

3.    Upon notification of approval of the separate development application by Blacktown City Council, the General Manager be granted delegated authority to determine Development Application No. 14/0766 subject to appropriate conditions as outlined below:

 

3.1     Development Application No. 14/0766 for the construction of a temporary haulage road, road upgrade and intersection works to facilitate the movement of trucks associated with works in the Central Precinct, St Marys at Lot 1 DP 1132380 Nos. 75-103 Links Road, St Marys be approved subject to the following conditions:

 

3.2     Standard Conditions

A001      Approved plans that are architecturally drawn

A005      Approval Body’s consent (for Integrated DA’s)

A019      Occupation Certificate

B004      Dust Suppression Techniques

B005      Mud/Soil from vehicular movements

D001      Implement approved sediment & erosion control measures

D003      Fencing protection to part of site or adjoining property

D005      No filling without prior approval

D006A   Approval for bulk earthworks/major filling operations

D009      Covering of waste storage area (Applies to building works/demolition)

D010      Appropriate disposal of excavated or other waste

D013      Approved noise level 1

D026      Liquid wastes

G002     Section 73

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

H002      All forms of construction

H041      Hours of work (other development)

L007      Tree protection measures–no TMP with DA

L008      Tree Preservation Order

L010      Retain existing trees

P001      Costs

P002      Fees associated with Council land

Q001     Notice of Commencement & Appointment of PCA1

K101      Works at no cost to Council

K202A   Infrastructure bond

K203      S138 Roads Act – roadworks requiring approval of civil drawings

K205      Construction Certificate for Subdivision Works

K221      Access, Car Parking and Manoeuvring – General

K301      Sediment & Erosion Control – Installation

K302      Traffic Control Plan

K303      Dilapidation report

K304      Matters to be addressed prior to commencement of Subdivision Works

K405      Street Lighting

K407      Major Filling

K501      Roads Authority clearance

K501A   Completion of Civil Works

K509      Directional signage

K513      Maintenance Bond

 

Special Conditions

 

3.3         A temporary fencing shall be installed on the perimeter of the existing macrofauna fencing to protect the macrofauna to ensure they are fenced in and away from the operations/works.

 

3.4         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 prior to the issue of a Construction Certificate.

 

3.5         The recommendations contained in the Noise and Dust Review (Report No. 1415 Version A) prepared by Wilkinson Murray dated June 2014 shall be implemented.

 

3.6         The following strategies are to be implemented to ensure impacts from the proposed development are mitigated:

·           St Marys North and South Dunheved Precincts Plan: Feral and Domestic Animal Management Strategy (Cumberland Ecology, 2005)

·           St Marys North and South Dunheved Precincts Plan: Weed Management Plan (Cumberland Ecology, 2005)

·           St Marys Macrofauna Management Plan 2006/2007 (Cumberland Ecology, 2005).

 

3.7         Trees identified for removal are to be felled and lowered to the ground slowly to allow any resident fauna time to escape/fly off and to ensure they aren't crushed by the falling trees. This replaces the need to undertake and pre-clearing tree hollow survey and the presence of a fauna ecologist.

 

3.8         Prior to any subdivision/development activities that will affect ground cover on the site, a site search for Cumberland Plain Land Snail (Meridolum corneovirens) is to be undertaken by a fauna ecologist. Any individuals found are to be moved into the adjacent Regional Park.

 

3.9         Under the guidance of a Fauna Ecologist or similar, felled trees and other habitat features such as large rocks and logs are to be relocated to within the future Regional Park to enhance fauna habitat.

 

3.10       Between the hours of 8am and 4pm on weekdays, the proposed route selection be modified to condition trucks to travel via Glossop Street (rather than Werrington Road as proposed) between Great Western Highway and Glossop Street. At all other times the proposed route (via Werrington Road) is to be used.

 

At no time should trucks access the Great Western Highway or Mamre Road via Saddington, Putland or Princess Mary Streets, St Marys.

 

3.11       To prevent the transference of material (dust / soil / mud) via truck tyres onto the road pavement at Links Road, it is recommended that a truck shake-down grid be installed immediately northwest of the proposed stabilised site access and truck wash down area (on exit to Links Road) to dislodge material (dust / soil / mud).

 

3.12       The proposal shall comply with the Stormwater Management Strategy - Dunheved Precinct Industrial Development prepared by Parsons Brinckerhoff; and the Dunheved Precinct Industrial Development Civil Design Report dated October 2007 (reference 2122626A-PR_0021 rev D) and the MUSIC modelling previously undertaken as part of DA07/0494 for water quality treatment targets.

 

4.      Council write to Blacktown City Council advising them of the decision.

 

 

ATTACHMENTS/APPENDICES

1.  

Location and Site Plan

1 Page

Appendix

2.  

Area of Works and Sections

1 Page

Appendix

  


Ordinary Meeting                                                                                                       24 November 2014

Appendix 1 - Location and Site Plan

 

PDF Creator


Ordinary Meeting                                                                                                       24 November 2014

Appendix 2 - Area of Works and Sections

 

PDF Creator


Ordinary Meeting                                                                                         24 November 2014

 

 

 

4

Development Application DA14/0711 Proposed two storey dwelling and septic tank at Lot 71 DP 1129237 (No. 132A) Kerrs Road, Mount Vernon Applicant: Wincrest Group Pty Ltd; Owner: Nicholas P Curryer   

 

Compiled by:               Alicia Hunter, Graduate Environmental Health and Building Surveyor

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

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

     

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

 

Executive Summary

Council is in receipt of a development application for the construction of a two storey dwelling and septic tank at Lot 71 DP 1129237 No. 132A Kerrs Road, Mount Vernon. The application seeks to vary part (b) of the restrictive covenant secondly referred to in the Section 88B of the Conveyancing Act 1919 Instrument applying to the site.

The covenant relates to a restricted building height and maximum cut and fill. Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction.

The dwelling achieves the objectives of the Penrith Local Environmental Plan 2010 by providing a design that is compatible with the surrounding area and minimises impacts on adjoining properties. The proposal has demonstrated that it is unlikely to have any significant impacts on achieving the outcomes intended by the planning and subdivision controls for the property.

It is recommended that the Section 88B Instrument be varied by removing part (b) of the restriction secondly referred to in DP 1129237 and the dwelling and septic tank be approved subject to conditions.

Background

On 27 November 2003 Council approved subdivision application DA03/1840 for the creation of two (2) allotments for residential purposes. As a part of the approval, a restrictive covenant under Section 88B of the Conveyancing Act 1919 was imposed.

Part (b) of the restriction secondly referred to in the Section 88B Instrument applying to Deposited Plan No.1129237 burdens this allotment and states:

“No dwelling shall be constructed on the land burdened having a roof ridge height higher than 6 metres and cut and fill is limited to 1 metre within the building area”.

A development application for the construction of a two storey dwelling and septic tank was lodged with Council on 24 June 2014. This included a variation of the Section 88B Instrument to exceed the maximum roof ridge height and maximum cut amount.

 

 

 

Site and Surrounds

The site is situated at the end of the cul-de-sac and has an area of 1.002Ha. The site is irregular in shape and has a fall of 6.59m from the South-East to the North-West.

The surrounding area is characterised by rural residential development (See Locality Map in Appendix No. 1).

 

The Proposed Development

The proposal is to construct a two storey dwelling and septic tank. The applicant seeks a variation of the Section 88B Instrument to construct a dwelling with a roof ridge height of 7 metres and maximum cut of 1.25 metres.

The development application was accompanied by:

·    Site and elevation plans (See Appendix No. 2)

·    Statement of Environmental Effects

·    Basix certificate

·    On-site Wastewater Management Report

·    Bushfire Risk Assessment

·    Waste Management Plan

·    External Colour Schedule

Assessment relating to the Section 88B restriction

The development consent issued by Council for the subdivision identified a building restriction to limit a roof ridge height of a dwelling to 6 metres and provide a maximum cut to 1 metre.

Council’s assessment report for the Subdivision Development Application stated: 

The DCP indicates that because of the slope of the site and the visual prominence that the height and position of any dwelling shall be limited.

The assessment report also stated:

Visual sensitivity: the gully area is nominated LOW and the slope in the South East corner is HIGH. Restrictions will place the building envelope near the bottom of the slope (the minimum distance it can be from the centre of the intermittent watercourse is 20m), and will also limit the height and cut.

The proposed development has a maximum roof ridge height of 7 metres at the highest point above natural ground level. The proposed maximum cut is 1.25 metres to the rear of the dwelling.

In support of the variation to the restriction the following is noted:

·    The dwelling is considered to be compatible with the existing housing in the area. 

·    The 1 metre overall deficiency in ridge height is considered to be minimal, and will not impact on the environmental features of the site.

·    Achieving the numerical standard for the roof ridge height will not change the outcome of development on the site.

·    The development is considered to be site responsive.

·    The proposed development achieves appropriate separation between buildings and site boundaries.

·    The shortfall in height will not result in any impacts on stormwater disposal from the site.

·    As a result of the significant fall of the land within the building envelope, the cut and fill is considered to be site responsive.

·    The subject site has an area of 1.002 Ha and the dwelling is located wholly within the building envelope. The dwelling is located approximately 19.3 metres from the Southern boundary and approximately 70 metres to the Northern boundary and will not impact on adjoining properties.

·    The proposed dwelling will not be visually prominent from adjoining sites.

The lifting of the restrictive covenant relating to the maximum roof ridge height and maximum cut will have minimal impact visually on the amenity and streetscape of the locality and will maintain a character conducive to the subdivision. The development complies with the key development standards in the Local Environmental Plan.

Planning Assessment

The dwelling and septic tank 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:

1.   Section 79C(1)(a)(i) - Any environmental planning instrument

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

The dwelling and septic tank has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20.  The proposed development will have minimal impacts on the total catchment management of water quality and water quantity. 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 satisfies the considerations under SREP 20.

Penrith Local Environmental Plan (LEP) 2010

The site is zoned E4 Environmental Living under the provisions of LEP 2010. The proposed development is defined as a dwelling house, which is permissible with development consent. The proposal satisfies the objectives and provisions of LEP 2010.

2.   Section 79C(1)(a)(ii) - Any draft environmental planning instrument

The site is subject to the draft Penrith City-Wide Local Environmental Plan 2010 Stage 2. Under the draft LEP the land is proposed to remain zoned E4 Environmental Living. The proposed dwelling is a permissible use and is consistent with objectives and provisions of the draft LEP.

3.   Section 79C(1)(a)(iii) - Any development control plan

Penrith Development Control Plan 2010 (DCP 2010)

DCP 2010 Part D Section D1 – “Rural Land Uses” is applicable to the current development application. The development has been assessed with regard to the general development considerations of DCP 2010 such as siting and orientation of dwellings, setbacks and building separations, site coverage and height, scale and design. The proposal complies with the numerical development standards and is consistent with the aims and objectives of the DCP.

4.   Section 79C (1)(b) - The likely impacts of the development

Built and Natural Environment

The development is sympathetic to the surrounding area and is consistent with the bulk, scale and design of other dwellings in the area. The development provides for appropriate separation between dwellings and does not detract from the amenity of neighbouring properties.

The development satisfies Council requirements for the provision of car parking and traffic generated by the development.

 

The development satisfies sustainable development principles through the BASIX certificate commitments including a rainwater tank and improved thermal comfort by the use of wall and ceiling insulation.

The site has adequate utility services & infrastructure. Appropriate controls for the disposal of stormwater, in addition to soil erosion and sediment control measures are recommended as conditions of consent and will ensure the development does not have an adverse impact on the natural environment. 

Social and Economic

The proposed dwelling is compatible with the surrounding and adjacent residential land uses and does not pose any adverse social or economic impact.

 

5.   Section 79C(1)(c) - The suitability of the site for development

The subject site is within an established rural residential area zoned for environmental living development. The site is not known to be affected by any landslip or heritage controls. The site is identified as bushfire prone land.

A bushfire assessment report prepared by Bush Fire Planning Services and dated 16 June 2014 was submitted as part of the Development Application.

Additionally, Council has undertaken a bushfire attack level (BAL) risk assessment. The development has been determined as having a bushfire exposure level equivalent to BAL 12.5 to the Northern elevation and BAL 19 to the West, South and East elevations. Appropriate conditions are proposed to be included in the development consent.

The development application was referred to Councils Environmental Health Team. No objections were raised subject to development consent conditions.

In view of the assessment, the site attributes are conducive to the type of development proposed and its integration with the character of the surrounding area. The proposed development fits the locality.

6.   Section 79C(1)(d) - Any submissions made in accordance with the EPA Act and Regs

Community Consultation

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2010, the proposed development was notified to nearby and adjoining residents.

Council notified ten (10) residences in the area and received no submissions.

 

7.   Section 79C(1)(e) - The public interest

The development will provide for additional housing in the area and will not generate any significant issues of public interest.

Conclusion

Assessment of the application to construct a two storey dwelling and septic tank, and to vary part (b) of the restriction secondly referred to in DP 1129237, has demonstrated that the proposal is unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this site. The proposed varying of restrictive covenant will not compromise the safety, character or amenity of the locality.

The dwelling, septic tank and variation of the restrictive covenant is therefore recommended for approval.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA14/0711 Proposed two storey dwelling and septic tank at Lot 71 DP 1129237 (No. 132A) Kerrs Road, Mount Vernon Applicant: Wincrest Group Pty Ltd; Owner: Nicholas P Curryer Kerrs Road, Mount Vernon be received.

2.    The section 88B instrument applying to Lot 71 in DP 1129237 be varied by removing part (b) of the restriction secondly referred to which states:

                   “No dwelling shall be constructed on the land burdened having a roof ridge             height higher than 6 metres and cut and fill is limited to 1 metre within the                   building area”.

3.    The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the covenant.

4.    The application for a two storey dwelling and septic tank be approved subject to the following conditions.

Standard Conditions

A001 – Stamped approved plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A041 – Construction in bushfire areas

A046 – Construction Certificate

D001 – Sediment and erosion controls

D009 – Waste storage

D010 – Disposal of waste

E001 – BCA compliance

F006 – Water tank

H001 – Stamped plans and erection of site notice

H002 – All forms of construction

H022 – Survey

H030 – Roof finishes

H036 – Water tank

H037 – Safe supply of water

H038 – Connection of tank

H039 – Tank pump

H041 – Hours of work

K016 – Stormwater

K026 – Stabilised access

L008 – General landscaping

P002 – Fees

Q01F – Notice of commencement

Q05F – Occupation Certificate

Special Conditions

 

5.1       Cut operations on the property are only permitted in conjunction with the building works as detailed on the approved plans and specifications, and shall not extend more than 2 metres past the defined building footprint.

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment.

If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference.

{Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

 

5.2       An Infrastructure Restoration Bond is to be lodged with Penrith City Council for development involving works around Council's Public Infrastructure Assets. The bond is to be lodged with Council prior to the issue of a Construction Certificate. The bond is based upon the estimated value of the works with a bond of $2602.00 payable for the subject development.

The bond is refundable once a final inspection has been carried out by Council's Works Department and the works have been completed to Council's satisfaction. The bond may be used to repair or reinstate any damage that occurs to Council's Public Infrastructure Assets as a result of the development works. Contact Council's City Works Department on 4732 7777 or visit website to obtain the form and request for final inspection.

 

5.3       Prior to the issue of a Construction Certificate a Roads Act application, including payment of application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works: 

a)     Provision of a vehicular crossing/s.

b)    Opening the road reserve for the provision of services including stormwater.

c)     Placing of hoardings, containers, waste skips, etc. in the road reserve.

 

 All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design Guidelines and Construction Specification for Civil Works.

Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve.  Contact Council’s City Works Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

 

5.4       Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works within the road reserve have been inspected and approved by Penrith City Council.

5.5       Dust suppression techniques are to be employed to reduce any potential nuisances to surrounding properties.

5.6       All land that has been disturbed by earthworks is to be spray grassed or similarly treated to establish a grass cover.

5.7       The on-site sewage management (OSSM) system shall be installed and operated in accordance with the recommendations contained in the Wastewater Report (prepared by Envirotech, dated 6 August 2014, ref 111414-B) and the Effluent Management Area Plan (prepared by Envirotech, dated 4 August 2014, ref 111414-B), and the conditions of this consent.

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.

Prior to the issue of the Occupation Certificate a Commissioning Certificate for the aerated wastewater treatment tank is to be presented to Penrith City Council. The commissioning certificate shall be prepared by the manufacturer of the aerated wastewater treatment tank, or the manufacturer's representative, and shall certify that the aerated wastewater treatment system has been installed and is operating in accordance with the conditions of its accreditation by NSW Health.

                             5.8     All wastewater generated on the site is to be diverted to a NSW                                          accredited aerated wastewater treatment system and be disposed of                                by way of absorption trenches in the approved effluent management                              area. The effluent management area is to be located in accordance                                     with the stamped approved Effluent Management Area Plan                                                 (prepared by, Envirotech (dated 4 August 2014, Ref 111414-B) and                                  have a minimum of three trenches, of which no trench shall be                                          greater than 20 metres length.

                                      The make and model of the NSW Health accredited aerated                                              wastewater treatment system shall be advised, in writing, to Penrith                                  City Council, before the Construction Certificate issues, along with

·    A copy of the summarised specifications and the conditions of accreditation for the aerated wastewater treatment system

·    A copy of the Certificate of Accreditation

 

·    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 Wastewater Report (prepared by Envirotech (dated 6 August 2014, Ref 111414-B)

·    The Effluent Management Area Plan (prepared by Envirotech (dated 4 August 2014, Ref 111414-B)

 

                                      The system is to be utilised for a 6 bedroom dwelling or daily                                              wastewater load of 1050 litres in accordance with Wastewater Report                               (prepared by Envirotech (dated 6 August 2014, Ref 111414-B). Any                                    dwelling approval on the site greater than this may require a new                               wastewater report for Council’s consideration.

 

                             5.9     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, the aerated wastewater treatment tank(s) 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.

  5.10   The septic tank, drainage and irrigation 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.

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

                            

                             5.12   The effluent disposal area shall:

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

·    The treated wastewater can be evenly irrigated across the entire designated disposal area;

·    Be prepared with a minimum 100mm cover of absorbent soil that has been ripped into the existing top soil. The area to be prepared should include up to 2.5m either side of the trench;

·    Have an even grade / be graded to a minimum 1% crossfall and turfed in accordance with the stamped-approved plans; and

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

5.14     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.

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

5.16     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.

5.17     Orchards, vegetable gardens or any other plant species that can be used for the purposes of human consumption are not to be planted within the effluent management area.

5.18     The effluent management area shall be protected from possible stock damage.

5.19     No wastewater associated with the on-site sewage management system is to be applied or irrigated within the drip line of any native 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 management area.

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/0711 - Locality Plan

1 Page

Appendix

2.  

DA14/0711 - Architectual Plans

5 Pages

Appendix

  


Ordinary Meeting                                                                                                       24 November 2014

Appendix 1 - DA14/0711 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                       24 November 2014

Appendix 2 - DA14/0711 - Architectual Plans