Council_Mark_POS_RGB

10 December 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 15 December 2014 at 7:00PM.

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

Councillor Karen McKeown - 15 December 2014.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 24 November 2014.

Extraordinary Council Meeting - 8 December 2014.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 1 December 2014.

Policy Review Committee Meeting - 2 December 2014.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 15 December 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_RGB2015 MEETING CALENDAR

January 2015 - December 2015

(adopted by Council on 24/11/14)

 

 

 

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

 

2

 

 

 

 

 

 

 

21^ü

(7.00pm)

 

 

14

(7.00pm)

 

23@

23

27v

25#

29*

27

24@

28

26

23#+

 

Policy Review Committee

7.00pm

 

 

 

20

11

15

13

10

14

19

9

7

 

9

9

 

 

 

 

 

 

 

 

 

 

 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 Meetings are held as required.

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

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

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 24 NOVEMBER 2014 AT 7:35PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow OAM for 24 November 2014.

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

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 October 2014

343  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the minutes of the Ordinary Meeting of 27 October 2014 be confirmed.

 

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 10 November 2014

344  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the minutes of the Extraordinary Council Meeting of 10 November 2014 be confirmed.

 

 

Councillor Kevin Crameri OAM then made the following statement in regard to proceedings at the Extraordinary Meeting of 10 November 2014:

 

“At the Extraordinary Meeting held on 10 November 2014 it has been brought to my attention that I may have unintentionally said some words that offended the Wiradjuri people.  I wish to apologise if I caused any offence by the statements I made at the time.”

 

DECLARATIONS OF INTEREST

Councillor Greg Davies declared a Pecuniary Interest in Item 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 as he has a close personal relationship with one of the tenderers.

 

Councillor Maurice Girotto declared a Non Pecuniary Conflict of Interest – Less than Significant in Item 6 – Tender Reference RFT14/15-09 for the Construction of New Concrete Paths as one of the tenderers is a customer of his business.

 


SUSPENSION OF STANDING ORDERS

345  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:46 pm.

 

 

Dr Atiya Zaidi

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Dr Zaidi, spokesperson for the applicant, spoke in support of the proposed development and stated that there is currently no established place of worship or social networking centre for local members of the Muhammadi Welfare Association.  Dr Zaidi detailed the significance of this development for family socialisation and in particular for the elderly.  Dr Zaidi also stated that this development would not be used as a mosque but was instead a community centre for the purposes of social events including festivals and cultural celebrations.  Dr Zaidi concluded by saying that the establishment of the place of public worship would provide a means of breaking down barriers and creating acceptance.

 

The Mayor, Councillor Ross Fowler OAM, asked a member of the public gallery to leave the Council Chambers, the time being 7:55 pm.

 

 

Mr Ian Rufus

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Rufus, the planning consultant for the applicant, spoke in support of the proposed development and noted that Penrith is an ideal developing area in which to house a larger community centre for the Sydney members of the Muhammadi Welfare Association.  In relation to health concerns,  Mr Rufus stated that modern waste and water control measures are well able to cater for peak loads and adverse conditions, and went on to detail the proposed hours of operation to resolve any confusion about this aspect.

 

346  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor John Thain that an extension of time be granted to enable the speaker to complete his address, the time being 8:03 pm.

 

Mr Rufus concluded by stating that the building design of the proposal was aesthetically pleasing and that the existing bushland will be retained at the front of the site for screening purposes as well as additional planting being provided.

 

 

Mr Abbas Alvi

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Alvi, Secretary of Muhammadi Welfare Association Inc, spoke in support of the proposed development.  Mr Alvi stated that the proposal was not for a mosque but instead for a community centre in order to hold group discussions, seminars, educational lectures, celebrations and other activities. 

 

 

347  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Prue Car that an extension of time be granted to enable the speaker to complete his address, the time being 8:15 pm.

 

Mr Alvi concluded by stating that the families of many members of the Association have had a presence in Australia for four generations and that their community is vibrant, active and promotes ethnic diversity in Australia.

 

 

Ms May Spencer

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Ms Spencer, an interested citizen, spoke in opposition to the proposed development.  Ms Spencer expressed her concerns about the impact of the proposal on the social fabric of Penrith.  Ms Spencer stated that she did not believe the residents of Penrith had been sufficiently consulted regarding the proposal, with particular regard to the cultural heritage of the area.  Ms Spencer stated her concern that a migration of residents from the inner west of Sydney would alter the culture of the Penrith area.

 

348  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies that an extension of time be granted to enable the speaker to complete her address, the time being 8:29 pm.

 

Ms Spencer concluded by stating that the distinctive cultural heritage and values of Penrith should be preserved and that this would not be best served by permitting the proposed development to proceed.

 

Councillor Maurice Girotto left the meeting, the time being 8:38 pm.

 

 

Mr Rick Putra

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Putra, a concerned citizen, spoke in opposition to the proposed development. Mr Putra stated that as a resident of Penrith for 40 years he was concerned about its future and raised his concerns about traffic issues, carparking capability and waste holding facilities.  Mr Putra also stated that this development needs to be considered in conjunction with the recently approved development for a meeting hall.

 

Mr Putra concluded by requesting that consideration of the proposal be rejected, or deferred to allow for further consultation to occur between Council and the local community.

 

Councillor Maurice Girotto returned to the meeting, the time being 8:41 pm.

 

 

Mr Peter Maltese

 

Item 2 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Maltese, an affected person, spoke against the proposed development.  Mr Maltese stated that he lived in Clifton Avenue and has been a resident of the area for over 30 years.  Mr Maltese expressed his concerns regarding traffic issues, in particular dust created by additional traffic in the area of the proposal and the effect  the proposal might have on the local amenity.  Mr Maltese concluded by stating that he did not believe sufficient community consultation on the matter had taken place.

 

RESUMPTION OF STANDING ORDERS

349  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that Standing Orders be resumed, the time being 8:54 pm.

 

 

 

  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                                                                                                 

 

A MOTION was moved by Councillor Marcus Cornish seconded Councillor Mark Davies that Development Application DA13/1271 be refused on the basis of lack of community consultation being carried out prior to determination of the application.

 

Councillor Marcus Cornish then WITHDREW the MOTION with the consent of Councillor Mark Davies.

 

A MOTION was moved by Councillor Mark Davies seconded Councillor Maurice Girotto  that Development Application DA13/1271 be refused on the grounds of insufficient consideration being given to the concerns of local residents when determining the application.

 

Councillor Mark Davies then presented His Worship the Mayor, Councillor Ross Fowler OAM with a petition submitted by local residents, opposing the establishment of mosques/prayer halls in the local area.

 

An AMENDMENT was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that this matter be deferred to allow a report to be submitted which provides further detail on who will be using the centre, and also providing time for residents to express their concerns.

 

Councillor John Thain then FORESHADOWED a FURTHER MOTION.

 

The AMENDMENT was then PUT.

 

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

 

For

Against

 

 

Councillor Kevin Crameri OAM

Councillor Prue Car

 

Councillor Maurice Girotto                       

Councillor Greg Davies

 

Councillor Mark Davies

Councillor John Thain

 

Councillor Marcus Cornish

Councillor Karen McKeown

 

 

Councillor Michelle Tormey

 

 

Councillor Bernard Bratusa   

 

 

Councillor Tricia Hitchen

 

 

Councillor Ben Goldfinch

 

 

Councillor Ross Fowler OAM

 

 

The AMENDMENT was LOST.

350  THE FORESHADOWED MOTION was then moved by Councillor John Thain seconded Councillor Michelle Tormey

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 dissipater 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 an 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.


Councillor Michelle Tormey left the meeting, the time being 9:42 pm.

 

Councillor Michelle Tormey returned to the meeting, the time being 9:45 pm.

 

The FORESHADOWED MOTION was then PUT.

 

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 Maurice Girotto    

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Mark Davies

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor Michelle Tormey

Councillor Marcus Cornish

Councillor Tricia Hitchen       

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

 

The FORESHADOWED MOTION was CARRIED and BECAME the SUBSTANTIVE MOTION.

 

The MOTION was PUT.

 

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 Maurice Girotto    

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Mark Davies

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor Michelle Tormey

Councillor Marcus Cornish

Councillor Tricia Hitchen       

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

The MOTION was CARRIED.

 

 

At 9:46 pm, His Worship the Mayor, Councillor Ross Fowler OAM adjourned the meeting for 15 minutes.

 

The meeting resumed at 10:01 pm.

 


SUSPENSION OF STANDING ORDERS

351 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Michelle Tormey that Standing Orders be suspended to allow members of the public to address the meeting, the time being 10:02 pm.

 

 

Lisa Harrold, Item 5 – Rezoning Application RZ13/002:  The Fernhill Estate, Mulgoa (Item withdrawn)

 

Ms Harrold, a concerned resident, spoke in support of the recommendation for refusal of the rezoning application and stated that although she realised the Item had now been withdrawn, she would like to take the opportunity to thank the officers involved in  writing the report for their recommendations.  Ms Harrold then stated that the application does not take into account the ecological significance of the area, including the Koala Corridor.  Ms Harrold concluded by stating that Biobanking would be a suitable solution and expressed her hope that Council would encourage the applicant to pursue that course.

 

Mr Anuj Verma

 

Item 13 – Support for the UWS Solar Car Project

 

Mr Verma, team manager of the UWS Solar Car Project, spoke in support of the UWS Solar Car Project and about the concept of building a solar car for the World Solar Challenge and outlined what the event entails. Mr Verma stated that the Challenge hopes to improve sustainable development and promote science and technology in the local area.  Mr Verma outlined the engagement with local high schools and how they are provided with an opportunity to be a part of the experience.   Mr Verma concluded by  outlining the costs of the project and seeking Council’s financial assistance in this regard.

 

 

RESUMPTION OF STANDING ORDERS

352  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Maurice Girotto that Standing Orders be resumed, the time being 10:24 pm.

 

 

OUTCOME 5 – WE CARE ABOUT OUR ENVIRONMENT

 

13      Support for the UWS Solar Car Project                                                                         

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

That:

1.    The information contained in the report on Support for the UWS Solar Car Project be received.

 

2.    Council support the project by way of a $10,000 Silver Sponsorship, in equal amounts from each Ward’s voted works.

 

3.    A briefing be presented to a Policy Review Committee Meeting  on the Project.

 

4.    Council look at future funding options in relation to the UWS Solar Car Project.

 

 

Notice of Motion

A MOTION of No Confidence in the Mayor, Councillor Ross Fowler OAM, was submitted by Councillor Marcus Cornish.

The MOTION lapsed for want of a seconder.

 

 

Reports of Committees

 

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

354  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 October, 2014 be adopted.

 

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

355  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Ben Goldfinch that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 November, 2014 be adopted, with the exception of Item 3, which is to be deferred for further consideration of the Local Traffic Committee, with further clarification requested by Councillor Maurice Girotto.

 

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

356  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 November, 2014 be adopted.

 

Councillor Marcus Cornish left the meeting, the time being 10:35 pm.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith Business Alliance - Status of Deed and Funding                                            

357  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor John Thain

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.

 

 

Councillor Marcus Cornish returned to the meeting, the time being 10:39 pm.

 

Outcome 2 - We plan for our future growth

 

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               

 

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

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.    Consideration of this matter be deferred to allow further engagement with Lend Lease regarding the link road to the estate.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

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                                                                                      

 

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

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.    That 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

 

5.2       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.”}

 

5.4       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.

 

5.5       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).

 

5.6       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.

5.7       Dust suppression techniques are to be employed to reduce any potential nuisances to surrounding properties.

5.8       All land that has been disturbed by earthworks is to be spray grassed or similarly treated to establish a grass cover.

5.9       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.

                             5.10   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.

 

                             5.11   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.

  5.12   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.

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

                            

                             5.14   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

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

5.16     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.

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

5.18     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.

5.19     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.

5.20     The effluent management area shall be protected from possible stock damage.

5.21     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.

 

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

For

Against

 

Councillor Prue Car

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

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

The Council noted that the Applicant withdrew the Rezoning Application.

 

 

Outcome 3 - We can get around the City

 

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

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

That:

1.    The information contained in the report on Tender Reference RFT14/15-09 for the Construction of New Concrete Paths  be received.

2.    Downer EDI Works Pty Ltd be appointed as the preferred contractor for the construction of new concrete path for a period of three (3) years with an option to extend for a further two (2) by one (1) year periods, by mutual agreement and subject to satisfactory performance, allowing for rise and fall provisions.

3.    Mack Civil Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unable to provide the service.

 

 

Outcome 4 - We have safe, vibrant places

 

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

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

That:

1.    The information contained in the report on Tender Reference 14/15-05, Public Toilet Cleaning Services be received.

2.    The contract for the provision of Public Toilet Cleaning Services be awarded to The Sparkle Team Pty Ltd t/a TST Property Services Pty Ltd for an initial period of two (2) years, with an option to extend for a further two (2) x one (1) year periods, with provision for rise and fall subject to satisfactory performance.

3.    The Common Seal of the Council of Penrith be affixed to any necessary documentation.

 

 

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

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

That:

1.    The information contained in the report on Tender Reference 14/15-04 Provision of Lighting & Electrical Services, Queen St, St Marys be received

2.    Council not accept any tender and that a new tender will be called when design of the streetscape upgrades is finalised.

3.    All tenderers be advised of the decision.

 

Having previously declared a Pecuniary Interest in Item  8, Councillor Greg Davies left the meeting, the time being 10:46 pm.

 

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                              

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

That

1.    The information contained in the report on 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 be received.

2.    The alternative tender (iii) from Hix Group Pty Ltd for the sum of $518,940 excl GST be accepted for the Supply and Installation of 100 lux Floodlighting to Zones 2 to 5 (Field Nos 5 to 11) at Jamison Park, South Penrith.

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

 

Councillor Greg Davies returned to the meeting, the time being 10:47 pm.

 

10      Urban Development Institute of Australia National Congress 2015                           

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

That:

1.    The information contained in the report on Urban Development Institute of Australia National Congress 2015 be received.

2.    Council’s delegates to attend the Urban Development Institute of Australia National Congress 2015 to be held in Sydney from 17-19 March 2015 be Councillor Greg Davies and another other interested Councillors and grant leave of absence as appropriate, with interested Councillors to contact the Property Development Manager and notify of their interest, by Wednesday 26 November 2014.

 

 

Outcome 5 - We care about our environment

 

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

365  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Tender Reference 14/15-07 Provision of Bush Regeneration and Associated Services in Cranebrook  be received.

2.    Council accept the tender submitted by Ecohort Pty Ltd.

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

 

12      South Creek Flood Study 2014                                                                                        

366  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on South Creek Flood Study 2014 be received.

2.    The draft updated South Creek Flood Study 2014 be adopted.

3.    The updated South Creek Flood Study 2014 be made available to the public through Council’s website.

4.    Council update s149(2) flood planning notations for those properties identified by the South Creek Flood Study 2014 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

5.    Council seek funding to proceed with the next stage of the Floodplain Risk Management process which is to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan for South Creek.

6.    Council write to those who made a submission advising of Council’s resolution.

 


 

 

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

 

14      Youth Week 2015 recommended program                                                                     

367  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Youth Week 2015 recommended program be received

2.    Council endorse the two recommended projects and funding amounts to the total value of $6,150 as outlined in Table 1 of this report.

 

15      2015 Seniors Week Grants Program                                                                               

368  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on 2015 Seniors Week Grants Program be received.

2.    Council approve grants to eight (8) local community organisations to the value of $6,500 for activities to celebrate Seniors Week 2015 as listed in Table 1 of this report.

 

17      Cultural Relationships                                                                                                      

369  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto that the information contained in the report on Cultural Relationships be received.

 

16      Penrith Homelessness Summit Outcomes                                                                    

370  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa

That:

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

2.    The attached report and action plan be endorsed by Council.

3.     Councillor officers involved in the Penrith Homelessness Summit be thanked for their efforts.

 

Councillor Kevin Crameri OAM left the meeting, the time being 10:52 pm.

 


 

 

Outcome 7 - We have confidence in our Council

 

18      Organisational Performance Report - September 2014                                               

371  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Organisational Performance Report - September 2014 be received.

2.    The Organisational Performance Report - September 2014 as at 30 September 2014, including the revised estimates outlined in this report and detailed in Attachment 1Organisational Performance Report – September 2014 be adopted.

 

19      Annual Report 2013-14                                                                                                     

372  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on the Annual Report 2013-14 be received.

2.    The Annual Report be forwarded to the Office of Local Government by 30 November 2014.

 

20      Audit Committee                                                                                                               

373  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen that the information contained in the report on Audit Committee be received.

 

21      Code of Conduct - Report on complaints statistics                                                     

374  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Code of Conduct - Report on complaints statistics be received

2.    A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

23      Proposed Council Meeting Calendar for 2015                                                               

375  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Proposed Council Meeting Calendar for 2015 be received.

2.    The draft Meeting Calendar for 2015 be adopted.

 


 

 

24      2014 Local Government NSW Annual Conference                                                       

376  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen that the information contained in the report on 2014 Local Government NSW Annual Conference be received.

 

25      Review of Code of Meeting Practice                                                                               

377  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Review of Code of Meeting Practice be received.

2.    The Draft Code of Meeting Practice be placed on public exhibition for a period of 28 days and reported back to the next available Council meeting.

 

26      Sundry Debts to be Written Off                                                                                       

378  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Sundry Debts to be Written Off be received.

2.    The total unpaid debts of $21,567.75 as outlined in the report be written-off.

 

27      2013-14 Financial Statements                                                                                          

379  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen that the information contained in the report on 2013-14 Financial Statements be received.

 

28      National Stronger Regions Fund Submission                                                               

380  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on National Stronger Regions Fund Submission (NSRF) be received.

2.    Council make an application to Round 1 of the National Stronger Regions Fund Submission prior to the closing date of 28 November 2014.

 

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

381  RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Tricia  Hitchen

That:

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

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

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

 

 

Procedural Motion

382  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Tricia  Hitchen that Item 22 be deferred for consideration 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.

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 10:54 pm.

 

RR 1           Rail Corridor Consultation Process                                                                      

Councillor Bernard Bratusa requested a report to Council clarifying Council’s position on the establishment of the South West Rail Link.  Councillor Bratusa also requested that Council write to local residents clarifying Council’s position on the proposed South West Rail Link, in particular the maps which have already been distributed.

 

RR 2           'Live' Sites                                                                                                                

Councillor Tricia  Hitchen requested a report to Council detailing any Live Sites, similar to that located in Parramatta, which are available in Penrith, or if none exist, identifying two potential Live Site venues in the Penrith area, and what action needs to be taken to activate them.

 

RR 3           Overgrown Vegetation - Tennant Road and Water Street, Werrington            

Councillor Maurice Girotto requested a memo to all Councillors concerning what action can be taken in regard to heavily overgrown vegetation and dumped building materials on the property bounded by Tennant Road and Water Street, Werrington, as well as a large amount of stacked fill at the rear of the property, and concrete blocks diverting water into the property on the western boundary.

 

Councillor Mark Davies left the meeting, the time being 11:01 pm.

 

RR 4           Community Art                                                                                                         

Councillor Michelle Tormey requested a memo to all Councillors investigating the potential of a community program to produce community art on telephone exchanges, as already exists in Coffs Harbour, Parramatta and Holroyd.

 

UB 1           Young Leaders Programs                                                                                       

Councillor John Thain requested that an amount of $2,700 be allocated in equal amounts from each Ward’s voted works to Young Leaders Program “Kapacity”.

 

383  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

384  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that an amount of $2,700 be allocated in equal amounts from each Ward’s voted works to Young Leaders Program “Kapacity”.

 

RR 5           South West Rail Link                                                                                               

Councillor Prue Car requested a report to the next Ordinary meeting of Council detailing the status of the NSW Government’s plans for the extension of the South West Rail Link and the Outer Sydney Orbital (the M9), with particular attention being paid to any Government plans for consultation with affected residents along such potential corridors.

 

Councillor Maurice Girotto left the meeting, the time being 11:03 pm.

 

UB 2           Purchase of item for Lewers Gallery                                                                     

His Worship the Mayor, Councillor Ross Fowler OAM requested that an amount of $2,000 be allocated equally from each Ward’s voted works to purchase a paperbark boat that was included in the recent River to River exhibition at the Lewers Gallery.

 

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

 

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

 

386  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown that an amount of $2,000 be allocated equally from each Ward’s voted works to purchase a paperbark boat that was included in the recent River to River exhibition at the Lewers Gallery.

 

 

His Worship the Mayor, Councillor Ross Fowler OAM, then advised the meeting that the matter of Legal Matter – Penrith City Council v Oakvale Capital Pty Ltd  would need to be considered in Committee of the Whole.

 

Procedural Motion

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

 

That:

 

1.     Legal Matter – Penrith City Council v Oakvale Capital Pty Ltd  be considered in Committee of the Whole as the matter 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.

 

2.    Ms Kath Roach be permitted to attend the Committee of the Whole.

 

 

 

Councillor Marcus Cornish left the meeting at 11.10 pm and did not return.

 

Committee of the Whole

 

388 RESOLVED on the MOTION of Councillor Greg Davies  seconded Councillor Ben Goldfinch that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 11:11 pm.

 

1        Presence of the Public

 

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

 

Councillor Maurice Girotto returned to the meeting, the time being 11:12 pm.

 

Outcome 7

 

2        Allegations made about the conduct of persons relating to the Fernhill development     

 

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

 

3        DCP Amendment to 'New Development' on flood liable land                                     

 

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.

 

 

4        Legal Matter in relation to Item 22

 

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

 

5        Legal Matter - Penrith City Council v Oakvale Capital Pty Ltd

 

This item has been referred to Committee of the Whole as the matter 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 11:27 pm and the General Manager reported that the Committee of the Whole met at 11:11 pm on 24 November, 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, Mark Davies, Maurice Girotto, Ben Goldfinch, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Allegations made about the conduct of persons relating to the Fernhill development     

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

CW2 That:

1.    The information contained in the report on Allegations made about the conduct of persons relating to the Fernhill development be received.

 

2.    Council develop a policy to assist Council staff in seeking legal advice in situations where sustained defamation occurs or in circumstances where staff are the subject of an unfair adverse action by a member of the community.

 

 

 

4                 Legal Matter in relation to Item 22                                                                         

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

CW4  That the information in relation to Legal Matter in relation to Item 22 be received.

 

 

3        DCP Amendment to 'New Development' on flood liable land                                     

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

CW3 That the information contained in the report on DCP Amendment to 'New Development' on flood liable land be received.

 

 

5                 Legal Matter - Penrith City Council v Oakvale Capital Pty Ltd                          

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

CW5  That:

1.    Council agree to resolve the claims against Oakvale on the terms referred to in the memorandum to Councillors on the matter of Penrith City Council v Oakvale Capital Pty Ltd dated 24 November 2014.

 

2.    The General Manager be authorised to execute any formal agreement to give effect to the settlement.

 

 

ADOPTION OF Committee of the Whole

 

389 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Bernard Bratusa that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 ,CW3, CW4 and CW5 be adopted.

 

OUTCOME 7 – WE HAVE CONFIDENCE IN OUR COUNCIL

 

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

390  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown

That:

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

2.    Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.    Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the Office Local Government.

4.     A further report be presented to Council regarding the funding of legal costs for the Mayor of the day, up to a designated amount.

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:30 pm.



UNCONFIRMED MINUTES

 OF THE EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN

THE COUNCIL CHAMBERS ON 8 DECEMBER 2014 AT 7:03 PM

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, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

 

LEAVE OF ABSENCE

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

APOLOGIES

There were no apologies.

 

DECLARATIONS OF INTEREST

Nil.

 

SUSPENSION OF STANDING ORDERS

391  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia  Hitchen that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:07 pm.

 

Mr Ian Sutton

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Sutton, a concerned citizen, spoke in support of the Notice of Motion to Rescind a Resolution stating that the suburb’s future needed to be protected. Mr Sutton claimed that Muslims make up only 2½% of the population but demand more resources and facilities than other religions.

 

392  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 7.12 pm.

 

Mr Sutton concluded that he would like to see Penrith remain the same as it is today.

Ms Jennifer Scholfield

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Ms Scholfield, a concerned citizen, spoke in support of the Notice of Motion to Rescind a Resolution referring to the way she has brought up her sons to respect women. Ms Scholfield stated that arranged marriages like those conducted overseas were starting to take place in Australia. Ms Scholfield concluded by stating that Australian Defence Force personnel should not have to cover their uniforms for fear of being targeted by extremists in their own country.

 

Mr William Mamou

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Mamou, an affected resident, spoke in support of the Notice of Motion to Rescind a Resolution stating that he was not against Muslims but he was opposed to any mosque, church or pub in his street. He claimed that traffic, noise and dust would increase if the development went ahead.

 

393  RESOLVED on the MOTION OF Councillor Marcus Cornish seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete his address, the time being 7.28 pm.

 

Mr Mamou also stated that he was concerned that evacuation in the event of a bushfire would be made more difficult for emergency services.

 

Father David Smith

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Father David, a friend and associate of the Muhammadi Welfare Association (MWA), spoke in opposition to the Notice of Motion to Rescind a Resolution and referred to the close working relationship he has with the applicant in his capacity as Parish Priest at Holy Trinity Anglican Church, Dulwich Hill. Father David spoke of building interfaith dialogue rather than reflexively associating Muslims with terrorism.

 

Mr Ian Rufus

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Rufus, the applicant’s planning consultant, spoke in opposition to the Notice of Motion to Rescind a Resolution and referred to the various planning considerations addressed in the Statement of Environmental Effects.

 

394  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that an extension of time be granted to enable the speaker to complete his address, the time being 7.51 pm.

 

Mr Rufus concluded by stating the application has provided all the information requested by Council and requested the application be dealt with at tonight’s meeting.

 

 

Mr Abbas Alvi

 

Item 1 – Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek

 

Mr Alvi, Secretary of Muhammadi Welfare Association Inc, spoke in opposition to the Notice of Motion to Rescind a Resolution and stated that the proposal was not for a mosque but instead for a community centre in order to hold group discussions, seminars, educational lectures, celebrations and other activities. 

 

395 RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7.52 pm.

 

Mr Alvi concluded by stating that the proposed community centre would be the first for the Indian Shia community.

 

RESUMPTION OF STANDING ORDERS

396  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Ben Goldfinch that Standing Orders be resumed, the time being 8:10 pm.

 

 

Notice of Motion to Rescind a Resolution

 

1        Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No. 81-83) Clifton Avenue, Kemps Creek                                                         

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

A MOTION was moved by Councillor Mark Davies seconded Councillor Kevin Crameri OAM that Council rescind the decision made in relation to Development Application DA13/1271 Proposed Place of Public Worship at Lot 2 DP 812284 (No.81-83) Clifton Avenue, Kemps Creek originally considered at its Ordinary Meeting of 24 November 2014.

Councillor Mark Davies spoke FOR the MOTION.

397  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Kevin Crameri OAM that Councillor Mark Davies be granted an extension of time to complete his address, the time being 8:16 pm.

Councillor Kevin Crameri OAM spoke FOR the MOTION.

398  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Mark Davies that Councillor Kevin Crameri OAM be granted an extension of time to complete his address, the time being 8:23 pm.

There being no speakers against the MOTION , Councillor John Thain MOVED that the MOTION be PUT.

399  RESOLVED on the MOTION of Councillor John Thain that the MOTION be PUT.

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

 

For

Against

 

Councillor Marcus Cornish

Councillor Prue Car

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Maurice Girotto

Councillor John Thain

Councillor Mark Davies

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Jackie Greenow OAM            

                                     

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

Councillor Ross Fowler OAM

 

At 8:29 pm, His Worship the Mayor, Councillor Ross Fowler OAM adjourned the meeting for 15 minutes.

 

The meeting resumed at 8:42 pm.

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Audit Truck Movements on Clifton Road, Kemps Creek        

Councillor John Thain requested a report to Council providing an audit of the number of truck movements along Clifton Road, Kemps Creek, including those going to the recycling plant, in order to reduce dust issues and enforcement of the existing conditions. 

 

RR 2           Drainage Issues - Llandilo Golf Driving Range     

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning the drain entry at the Llandilo Golf Driving Range, on the south side of Ninth Avenue, Llandilo, which needs to be repaired.

 

RR 3           Flooding at McDonalds, Forrester Road, St Marys        

Councillor Kevin Crameri OAM requested a memo reply to all Councillors after investigation as to the cause of flooding which is occurring at McDonalds on Forrester Road, St Marys.

 

RR 4           Terminology of Land Use  

Councillor Kevin Crameri OAM requested a memo reply to all Councillors on the matter of requesting the State Government to review the terminology used to describe a Place of Public Worship, in rural areas, and requesting that large developments need sewer to be approved.

 

UB 1           Apology requested by Liverpool City Council                

Councillor Greg Davies referred to a letter received from Liverpool City Council on behalf of the residents of Liverpool seeking clarification of the attitude of Penrith Council regarding their neighbour Councils and asking for an apology and retraction from Penrith Councillor Marcus Cornish for his comments about their city.

 

Councillor Greg Davies stated that the recent comments attributed to Councillor Cornish in the media in no way reflect the attitude or position of Penrith City Council in regard to the residents of Liverpool or Liverpool Council.

 

Councillor Greg Davies advised of his intention to move a motion requesting that Clr Cornish issue a retraction of statements made and he apologise to the residents of Liverpool and the Council for any hurt or angst that this may have caused.

 

Councillor  Marcus Cornish indicated that he would not be prepared to comply with the request.

 

Councillor Greg Davies stated that as Councillor Cornish has indicated he would be  unwilling to comply with the request, that the Mayor, Councillor Ross Fowler OAM write to Liverpool City Council expressing:

 

“Penrith Council’s concerns over the statements made by Councillor Marcus Cornish and advise Liverpool and its residents that the comments in no way reflect Penrith Council’s view of the City of Liverpool.


Further, that the attitude of Penrith Council towards Liverpool and other surrounding Council areas is one of solidarity and cohesion. 

 

Penrith Council represents 190,000 residents. We have worked hard to create strategic alliances with a number of bordering local governments. We do this to acknowledge the advantage of working together to promote our region and to advocate for outcomes for our collective benefit.

 

We value this collaborative approach, which will grow and strengthen as western Sydney continues to grow. We look forward to working closely with Liverpool City Council and our neighbouring council areas now and into the future and that Penrith Council’s attitude to our neighbour councils is one of respect, support and co-operation.”

 

400  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

401  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that Mayor, Councillor Ross Fowler OAM, write to Liverpool City Council expressing the following:

“Penrith Council’s concerns over the statements made by Councillor Marcus Cornish and advise Liverpool and its residents that the comments in no way reflect Penrith Council’s view of the City of Liverpool.


Further, that the attitude of Penrith Council towards Liverpool and other surrounding Council areas is one of solidarity and cohesion. 

 

Penrith Council represents 190,000 residents. We have worked hard to create strategic alliances with a number of bordering local governments. We do this to acknowledge the advantage of working together to promote our region and to advocate for outcomes for our collective benefit.

 

We value this collaborative approach, which will grow and strengthen as western Sydney continues to grow. We look forward to working closely with Liverpool City Council and our neighbouring council areas now and into the future and that Penrith Council’s attitude to our neighbour councils is one of respect, support and co-operation.”

 

Councillor Marcus Cornish called for a DIVISION.

For

Against

Councillor John Thain

Councillor Maurice Girotto

Councillor Ben Goldfinch

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

Councillor Marcus Cornish

Councillor Prue Car

 

Councillor Jackie Greenow OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

Councillor Michelle Tormey

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:53 pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Sisters of Mercy, Mamre House                                                                                        1

 

2        Congratulations Environmental Health staff                                                                      2

 

3        Council highly commended in prestigious awards                                                             3

 

4        Council wins Australian Library and Information Association NSW Public Libraries Events Marketing Award 2014                                                                                                       4

 

 

 

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

Mayoral Minute

Sisters of Mercy, Mamre House

Strategy: Encourage social connections and promote inclusion in our community

           

 

Historical Mamre House will begin a new chapter in its long history as it integrates into the Catholic Care Social Services. For close to 30 years Mamre House has been run by the Sisters of Mercy who offered training and support for disadvantaged people from across Western Sydney.

 

It has been a place where diversity is embraced and celebrated, and where people went to build skills and confidence. The Sisters of Mercy have run a wide range of educational and training programs to help youth, people with disability and refugees.

 

The Mamre Project has worked with the local South Sundanese refugee community offering education, support, employment, citizenship services and farming opportunities. Mamre Garden Services is a supported employment program for people with a range of disabilities who provide garden maintenance in various settings in the local area as well as maintaining the gardens, grounds and nursery of Mamre itself.

 

I would like to thank Sister Mary-Louise Petro who held Mamre House dear to her heart since its foundation in 1986. As CEO of the Mamre Project, Sister Mary-Louise has been recognised for her contribution and advocacy for social justice in receiving the University of Western Sydney’s Inaugural Women of the West Award.

 

On behalf of Council and the community, I’d like to thank everyone involved with Mamre for the positive difference they have made to many lives. Sister Mary-Louise Petro, the Sisters of Mercy and the Mamre House Board have made Mamre a place of ongoing enterprise and innovation. I am confident that with Catholic Care at the helm it will continue to be a model of how things should be done for our community.

 

 

 

 

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Sisters of Mercy, Mamre House be received.

 

 

 


Ordinary Meeting                                                                                         15 December 2014

 

Mayoral Minute

Congratulations Environmental Health staff

Strategy: Provide opportunities for our community to be healthy and active

           

 

Council continues to be recognised as a leader in many areas, most recently Environmental Health.

 

I would like to congratulate Team Leader (Health) Kristy Stanford on her appointment to the Environmental Health Australia NSW Board. EHA NSW represents environmental health professionals and enhances services to the community through advocacy, promotion, education and leadership. As a board member Kristy will be in a position to raise Penrith environmental health issues at a state level. The knowledge she will gain will also further strengthen Council’s environmental health service. 

 

Congratulations also to Senior Environmental Health Officer David Durie on being named the NSW Environmental Health Australia Environmental Health Professional of the Year for 2014. This award recognises excellence and outstanding contributions to the environmental health field ‘above and beyond’ a person’s core role.

 

David led Penrith Council’s Environmental Health Department’s response to clandestine drug lab notifications and worked closely with a number of property owners to make sure affected properties were appropriately assessed and remediated to address public health concerns. David shared his skills at a number of state forums and received excellent feedback. His advice continues to be sought by environmental health departments from other local government areas.

 

The award was announced at the annual Environmental Health Australia State Conference at Mudgee in October where both David and Kristy were asked to give presentations, recognising their valuable specialist knowledge and experience. David presented on ensuring proper clean-up of premises that have been used as clandestine drug laboratories. Kristy presented on addressing the issues raised by cases of ‘hoarding and squalor’.

 

 

 

 

 

 

Cr Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Congratulations Environmental Health staff be received.

 

 

 


Ordinary Meeting                                                                                         15 December 2014

 

Mayoral Minute

Council highly commended in prestigious awards

Strategy: Provide opportunities for our community to participate in making decisions about the City's future

           

 

Recently Council has been commended for a number of its projects and programs.

 

In late October Council was Highly Commended for our community engagement efforts by the International Association of Public Participation at their annual awards. Penrith was a finalist in the ‘Organisation of the Year’ category, and was beaten by Melbourne City Council; which went on to be named International Organisation of the Year.

 

Council’s submission covered many aspects of our engagement and public consultation work and was coordinated by Neighbourhood Renewal Coordinator Heather Chaffey with support and input from many staff across the organisation.

 

Receiving a Highly Commended award is admirable in this company and illustrates that Penrith is ahead of many others in this field.

 

Earlier this month Council and Place Partners were Highly Commended in the Planning Institute of Australia’s ‘Great Place’ Award category for the Penrith Trial Park. The Pop Up Park was acknowledged for its success in turning a poor quality space into a fantastic public meeting space. The judges described the Park as an exemplar of Council working with community to deliver something special.

 

At the NGAA Congress that was recently held in Adelaide I was pleased to accept an award for the Neighbourhood Renewal Program. The program received a Highly Commended in the category of ‘Building Community Capacity’ in recognition of the work that assists our communities of Penrith to respond to the challenges of growth and change.

 

These commendations for our community projects verify Council’s work to engage residents in our City’s direction and future and I would like to acknowledge the efforts of the staff involved who help make Council a leader in listening to our communities. 

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Council highly commended in prestigious awards be received.

 

 

 


Ordinary Meeting                                                                                         15 December 2014

 

Mayoral Minute

Council wins Australian Library and Information Association NSW Public Libraries Events Marketing Award 2014

Strategy: Provide opportunities for our community to be healthy and active

           

 

Council has been awarded the Australian Library and Information Association NSW Public Libraries Market Award for 2014 for the Membership Drive which Council ran during the summer of 2013-14.

 

The drive was initially developed by library staff as a way to increase library membership rates and to promote the benefits of library membership.

 

Promotional tools used included social media posts on Facebook and Twitter, posters at bus shelters, posters in the library branches and a stall at the Penrith Farmers’ Market. 

 

Olympic silver medallist and frequent library user, Jessica Fox, agreed to be the ‘face’ of the campaign along with, Eli, an enthusiastic 5 year old borrower who regularly attends toy library sessions at Penrith. Both Jessica and Eli featured prominently in all promotional material related to the drive, attended the launch and helped draw the prizes.

 

The drive had a budget of $5000 which enabled the library to offer prizes, such iPads, theatre tickets and white water rafting passes to people who joined the library during the drive. Each new member, or any existing member who joined a friend, were eligible to win a prize and they all received a free Penrith library bag. Children also received a slap wrist band.

 

The drive also concentrated on Council’s childcare centres and, with the assistance of childcare staff, all the pre-school aged children attending Council’s childcare centres became library members during the campaign.

 

The campaign’s target was to join 1500 new library members. The campaign achieved 2045 new members, which exceeded the target by 545 members. This was a 78% increase in new memberships compared to the corresponding period of 2012-13.

 

Congratulations to the library staff for this great initiative.

 

 

 

Councillor Ross Fowler OAM

Mayor

  

RECOMMENDATION

That the Mayoral Minute on Council wins Australian Library and Information Association NSW Public Libraries Events Marketing Award 2014 be received.

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Reports and Recommendations of the Local Traffic Committee Meeting held on 1 December 2014                                                                                                                                    1

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 2 December 2014                                                                                                                                  16

 

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 December, 2014

 

 

 

PRESENT

Councillor Marcus Cornish, Steve Grady – Busways, Bill Pearson – Penrith LAC, Mark Elliott, St Marys LAC, Steven Purvis – Council Ranger, Adam Wilkinson – Engineering Services Manager, 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, Bernard Meier – Signs and Linemarking Officer.

 

LEAVE OF ABSENCE

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

 

APOLOGIES

Mr Bart Bassett MP, Councillor Tricia Hitchen, James Suprain – Roads and Maritime Services, Councillor Jackie Greenow OAM, Councillor Karen McKeown, Wayne Mitchel l- Executive Manager Environment & City Development

 

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

The minutes of the Local Traffic Committee Meeting of 3 November 2014 were confirmed, with Item 3 to be referred back to the Committee – Victoria Street resubmitted.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Local Traffic Committee - Meeting Dates for 2015                                                        

RECOMMENDED

That:

1.    The information contained in the report on Local Traffic Committee - Meeting Dates for 2015 be received.

2.    The above dates be confirmed for 2015.

 

 


 

 

2        Glossop Street, St Marys - Proposed Relocation of Bus Zone                                   

RECOMMENDED

That:

1.    The information contained in the report on Glossop Street, St Marys - Proposed Relocation of Bus Zone be received.

2.    Affected residents be advised of the proposed relocation of the bus zone, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3.    Subject to no substantial objections from the community notification process, the bus zone outside 151-153 Glossop Street, St Marys, be relocated approximately 6-7m north of its current location (as shown in Appendix 1).

4.    Busways be advised of Council’s resolution and be requested to provide “Bus Stop” signage within the bus zones outside 151-153 Glossop Street and 164 Glossop Street.

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

 

 

3        Cassar Crescent, Cranebrook - Endorsement of Signage & Line Marking Plan      

RECOMMENDED

That:

1.    The information contained in the report on Cassar Crescent, Cranebrook - Endorsement of Signage & Line Marking Plan be received.

2.    The signage and line marking plan prepared by RPS Group Plc associated with the new subdivision off Cassar Crescent, Cranebrook, (Drawing Number E1-15, Issue E, dated 20 November 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.

4.    The applicant be requested to provide notification to property no. 13 Cassar Crescent, Cranebrook, for the proposed signage and line marking plan.

5.    RPS Group Plc be advised of Council’s resolution.

 

 

4        Lakeside Parade, Jordan Springs - Concept Plan Endorsement                                

RECOMMENDED

That:

1.    The information contained in the report on Lakeside Parade, Jordan Springs - Concept Plan Endorsement be received.

2.    Consultation be undertaken with affected stakeholders for the proposed concept plan, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3.    Subject to no substantial objections from the community consultation process, the concept plan prepared by Council (as shown in Appendix 1) be endorsed for design and future construction by the developer.

4.    All costs associated with the design and installation of the kerb blister islands and signage be funded by the developer.

5.    Mayor Ross Fowler OAM, Councillor Prue Car and Councillor Marcus Cornish be advised of Council’s resolution.

 

 

5        Blackwell Avenue, St Clair - Proposed Installation of Bus Zone                                

RECOMMENDED

That:

1.    The information contained in the report on Blackwell Avenue, St Clair - Proposed Installation of Bus Zone be received.

2.    A 30m bus zone be installed on Blackwell Avenue near Bradman Avenue, St Clair, opposite Saunders Park (as shown in Appendix 1).

3.    Busways be advised of Council’s resolution.

 

 

6        Cassola Place, Penrith - B-double Route Application                                                  

RECOMMENDED

That:

1.    The information contained in the report on Cassola Place, Penrith - B-double Route Application be received.

                                          

2.    The National Heavy Vehicle Regulator be advised that approval to use Cassola Place, Penrith from Borec Road to the turnaround fronting 24-26 Cassola Place, Penrith (Lot 26 DP 794370) at the western end of Cassola Place including driveway entry / exit at 10-11 Cassola Place, Penrith (Lot 19 DP 794370) as a 25/26m B-double route can be considered for inclusion as a Gazetted Route to operate under the National Notice subject to the conditions that B-double access is restricted to right turn in from Borec Road to Cassola Place and right turn out from Cassola Place to Borec Road and that the operators of the business at 10-11 Cassola Place, Penrith (Lot 19 DP 794370) are to maintain a Traffic Management Plan that ensues that:

a)      B-double access is restricted to right turn in from Borec Road to Cassola Place and right turn out from Cassola Place to Borec Road, Penrith; and

b)      Reversing in or out of the driveway at 10-11 Cassola Place, Penrith (Lot 19 DP 794370) is in accordance with an approved Traffic Control Plan and under the direction of traffic controllers  who are certified by the Roads and Maritime Services

 

 


 

 

7        Nation Building Black Spot Program - Post Installation Road Safety Evaluation    

RECOMMENDED

That:

1.    The information contained in the report on Nation Building Black Spot Program - Post Installation Road Safety Evaluation be received.

2.    Council note the information.

 

 

8        Penrith CBD Festival - Saturday, 21 March, 2015                                                         

RECOMMENDED

That:

1.    The information contained in the report on Penrith CBD Festival - Saturday, 21 March, 2015 be received.

2.    The Traffic Management Plan for the part Class 2 and part Class 4 event pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events” for the Penrith CBD Festival on Saturday, 21 March, 2015 be endorsed, subject to the following conditions:

(a)       Approval be given for the temporary closure of:

·        High Street, between Castlereagh and Henry Streets;

·        Station Street, between Henry Street and Union Road;

·        Woodriff Street, between High and Tindale Streets;

·        Riley Street, between High and Jane Streets; and

·        Union Lane east, between Station and Woodriff Streets, and west of Station Street for 100m, including the first section of the car park behind Tattersall’s Hotel

            On Saturday 21 March 2015, from 3:00am to 9:00pm for the duration of the event.

                             (b)     Approval be given for the temporary closure of:

·        High Street, between Castlereagh and Lawson Streets;

·        Castlereagh Street, between High and Tindale Streets;

·        Union Road, north side only between Station Street and first entry to Union Road car park;

·        The Broadway, between Station Street and the entry to Judges Park car park

            On Saturday 21 March 2015, from 12:30pm to 1:15pm for the duration of the Parade event.

(c)       The Parade event be run under the direct supervision of NSW Police.

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

(e)       The event applicant obtain separate approval from NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

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

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

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

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

(j)        The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS submitted to Council for endorsement prior to their erection.  VMS should be located in accordance with the Roads and Maritime Services Technical Direction TDT2010/07.

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

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

(m)      The event organiser notify the Ambulance Service of NSW, Fire Brigades (NSW Fire Brigade and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the advice to Council prior to the event.

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

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

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

(q)       The event applicant ensure that competitors obey road rules and Police directions during the event.

3.      Penrith CBD Corporation be advised of Council’s resolution.

 

 

9        ANZAC Sunday Afternoon March and Service - Sunday 19 April, 2015                    

RECOMMENDED

That:

1.    The information contained in the report on ANZAC Sunday Afternoon March and Service - Sunday 19 April, 2015 be received.

2.    The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services “Guidelines for Traffic and Transport Management for Special Events”, for the ANZAC Sunday Afternoon March and Memorial Service on Sunday 19 April, 2015 be endorsed, subject to the following conditions:

(a)  Approval be given for the temporary closure of the following roads for the event:-

 

·   Tindale Street, from Woodriff Street to Castlereagh Street;

·   Castlereagh Street, from Lethbridge Street to High Street;

·   High Street, from Castlereagh Street to Station Street;

·   Woodriff Street, from High Street to Lethbridge Street;

·   Woodriff Street entrance to Judges Place Car Park;

·   Union Lane, from Station Street to Woodriff Street; and

·   High Street, from Castlereagh Street to Lawson Street for the March only.

 

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

 

(c)  The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(k)  The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

 

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

 

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

 

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

 

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

 

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

 

 

10      Sydney International Rowing Centre - "AAGPS Head of the River",  Saturday, 7 March, 2015                                                                                                                                     

RECOMMENDED

That:

1.    The information contained in the report on Sydney International Rowing Centre - "AAGPS Head of the River",  Saturday, 7 March, 2015 be received.

2.    The Traffic Management Plan  for the Class 2 event pursuant to Roads and Maritime Services “Guide to Traffic and Transport Management for Special Events” for the “AAGPS Head of the River” on Saturday 7 March, 2015 be endorsed subject to the following conditions:

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

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

(c)       A detailed Traffic Control Plan be prepared by a qualified and                         certified professional and submitted to Council, the Roads and                     Maritime Services and NSW Police prior to the event should traffic                  management arrangements be put in place.

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

 (e)      The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and the State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

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

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

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

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

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

 

 

11      ANZAC Day March and Dawn Service - Saturday, 25 April, 2015                               

RECOMMENDED

That:

1.    The information contained in the report on ANZAC Day March and Dawn Service - Saturday, 25 April, 2015  be received.

2.    The Traffic Management Plan for the Class 2 Special Event pursuant to Roads and Maritime Services “Guidelines for Traffic and Transport Management for Special Events” for the ANZAC Day Dawn Service and March on Saturday, 25 April, 2015 be endorsed, subject to the following conditions:

(a)  Approval be given for the temporary closure of the following roads for the duration of the event.

 

·      Tindale Street, from Woodriff Street to Castlereagh Street;

·      Castlereagh Street, from Lethbridge Street to High Street;

·      High Street, from Castlereagh Street to Station Street;

·      Woodriff Street, from High Street to Lethbridge Street;

·      Woodriff Street entrance to Judges Place Car Park;

·      Union Lane, from Station Street to Woodriff Street; and

·      High Street, from Castlereagh Street to Lawson Street for the March only.

 

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

 

(c)  The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(k)  The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

 

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

 

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

 

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

 

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

 

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

 

 

GENERAL BUSINESS

 

GB 1          Bringelly Road, Orchard Hills - Endorsement of Design Plan for    Pedestrian Refuge (Raised Council)    

 

The purpose of this report is to seek endorsement of a design plan for a pedestrian refuge in Bringelly Road, Orchard Hills.  The pedestrian refuge is required by an amended condition of consent for the Montgrove College.  The report recommends that the design plan be endorsed for construction by Montgrove College.

 

On 9 September, 2014 Council granted consent under delegated authority to the Pared Foundation for a modification to its consent (DA08/0886.02) which proposed to increase student numbers at Montgrove College from 375 to 440, being an increase of 65 students.  Staff numbers would also increase from 28 to 31 staff.   

 

As the numbers of students attending the College increases, it was considered timely that an appropriate pedestrian facility be installed in Bringelly Road. The matter of road safety for children was considered during the assessment of the original development application and an advisory condition was included requesting consideration of a pedestrian crossing.

 

The warrants for a marked pedestrian crossing under the Roads and Maritime Services and Australian Standards would not be met at this location and previous investigations into the locality have confirmed this. Therefore, the provision of a pedestrian refuge in Bringelly Road was considered appropriate to maximise safe crossing of the street, allowing a staged crossing, particularly for school students, parents and carers. The refuge will also make it easier for children riding to school to cross the road.  Pedestrians and bike riders will not have right of way, but will be able to cross or ride to the refuge island when it is safe to do so.

 

The relevant condition of the amended consent read:

 

“The provision of a pedestrian refuge and associated signage in Bringelly Road, in the vicinity of Oag Crescent, is to be completed within one year after the date of this modified consent (or as otherwise agreed by Council). The pedestrian refuge is to be designed in accordance with the RMS Technical Direction TDT 2011/01a and approved by Council’s Local Traffic Committee prior to installation. All works associated with the pedestrian refuge are to be carried out at no cost to Council or the RMS.”

 

In accordance with the condition, the applicant has submitted a design plan for the pedestrian refuge (as shown in Appendix 1). 

 

Affected residents will be notified of the proposed pedestrian refuge and any significant objections will be reported to Local Traffic Committee.

 

As required by the amended condition, all works associated with the refuge are to be funded by the applicant.

 

RECOMMENDED

 

That:

1.    The information contained in the report on Bringelly Road, Orchard Hills - Endorsement of Design Plan for Pedestrian Refuge  be received.

2.    The design plan prepared by Eclipse 1, numbered C301-A, dated 25/11/14 for the Pedestrian Refuge in Bringelly Road, near Oag Crescent Orchard Hills (as shown in Appendix 1) be notified to affected residents for a period of two weeks.

3.    Subject to no substantial objections being received, the design plan prepared by Eclipse 1, numbered C301-A, dated 25/11/14 for the Pedestrian Refuge in Bringelly Road, near Oag Crescent, Orchard Hills (as shown in Appendix 1) be endorsed for construction by Montgrove College.

4.    All costs associated with the installation of the pedestrian refuge, associated kerb ramps, linemarking and signage be funded by the applicant.

 

 

GB 2          Bradley Street, Mulgoa - Endorsement of Signage & Line      Marking Plan (Raised Council)   

Council Officers have received two signage and line marking plans from S & G Consulting Pty Ltd associated with the construction of proposed multi-story residential buildings and two indented bays for waste services vehicles on Bradley Street, Mulgoa (Drawing Numbers C01 and C03, Revisions D, dated 14 November 2014 and 19 November 2014 respectively).

 

In summary, plan C01 (D) shows the proposed location of a “No Parking Waste Collection Vehicles Excepted” zone for the length of a proposed indented bay on Bradley Street west of Glenmore Ridge Drive to control local parking and provide clear access for waste services vehicles. Plan C03(D) shows the proposed location of a “No Parking Waste Collection Vehicles Excepted” zone for the length of an indented bay on Bradley Street east of Glenmore Ridge Drive, as well as the location of a “Keep Left” (R2-3AA(L)) sign on the central dividing median island and proposed double-barrier line marking.

 

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

 

“… delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

 

In accordance with Council’s resolution, the signage and line marking plans were referred to the Roads and Maritime Services (RMS) and the Police for comments. No objections were raised by the RMS or Police for the signage and line marking plans.

 

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

 

RECOMMENDED

That:

1.   The signage and line marking plans prepared by S & G Consulting Pty Ltd associated with the construction of proposed multi-story residential buildings and two indented bays for waste services vehicles on Bradley Street, Mulgoa, (Drawing Numbers C01 and C03, Revisions D, dated 14 November 2014 and 19 November 2014 respectively) be endorsed for construction.

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

 

 

 

GB 3          O'Connell Lane, Caddens - Endorsement of Signage & Line           Marking Plan (Raised Council)        

Council Officers have received two signage and line marking plans from Cardno Ltd associated with the upcoming road opening of O’Connell Lane, Caddens, between O’Connell Street and Cadda Ridge Drive (Drawing Numbers 600267-471 and 600267-472, Revisions 5, dated 25 November 2014).

 

In summary, plan 600267-471(5) shows the proposed location of Roundabout Give Way signage and associated line marking, Roundabout warning signage, “No Stopping” restrictions, “Keep Left” signage, and double barrier line marking at the roundabout of O’Connell Lane and Cadda Ridge Drive, to control traffic movements and parking at the intersection. Plan 600267-472(5) proposes a reverse ‘T’ arrangement at the intersection of O’Connell Street and O’Connell Lane, with a proposed “Give Way” treatment in O’Connell Lane to control traffic priorities, proposed “No Stopping” restrictions, “Refuge Island” warning signage, shared path signage, and double barrier line marking.

 

At its Ordinary Meeting on 3 April 2006, Council resolved, on the recommendation of the Local Traffic Committee, that:

 

“… delegated authority be given to Council’s Road Network Services Engineer to sign off plans for approval, following concurrence from voting members of the Local Traffic Committee”.

 

In accordance with Council’s resolution, the signage and line marking plans were referred to the Roads and Maritime Services (RMS) and Police for review. No comments were received by the RMS or Police for the signage and line marking plan at the time of writing this report.

 

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

 

RECOMMENDED


That:

1.   Subject to approval from the Roads and Maritime Services and Police, the signage and line marking plans prepared by Cardno Ltd associated with the upcoming road opening of O’Connell Lane, Caddens, between O’Connell Street and Cadda Ridge Drive (Drawing Numbers 600267-471 and 600267-472, Revisions 5, dated 25 November 2014) be endorsed for construction.

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

 

 


 

 

 

GB 4          Victoria Street, Werrington - Proposed Installation of Bus Zone     (Raised Council)                   

Council has received a request from Busways for provision of a bus zone on the north side of Victoria Street, Werrington, opposite Werrington shopping centre. It has been ascertained by Busways that a new bus stop and bus zone is required at this location, for the 782 and 785 routes that operate between Penrith and St Marys, to improve access to the shopping centre and adjacent sporting fields for the community. Busways has also determined that a bus stop/bus zone at this location would allow particular services to divert the existing bus stop on Victoria Lane (off Kazanis Crescent) at selected times, which would improve the efficiency of bus services in the area.

 

Currently, approximately 20m of “No Stopping” restrictions are installed on the approach to the marked pedestrian crossing near the shopping centre, in addition to approximately 22m of “No Stopping” restrictions on the departure side of the crossing. Also, “1P 8.30am-6pm Mon-Fri 8.30am-12.30pm Sat” parking restrictions are installed on the north side of Victoria Street opposite the shopping centre.

 

A site assessment was undertaken in coordination with Busways to determine the most suitable location for the proposed bus zone. Consideration was given for the replacement of the westernmost 17.5m of “1P 8.30am-6pm Mon-Fri 8.30am-12.30pm Sat” with a 17.5m bus zone, however, concerns were raised about disability access and the absence of footpath connectivity at this location, and the fact that pedestrians may not walk back to use the raised pedestrian crossing. Therefore, it is proposed to provide a 20m bus zone on the approach to the marked pedestrian crossing, opposite 92 Victoria Street, utilising the existing “No Stopping” restrictions as additional draw out length for buses.

 

It is envisaged that the newly proposed bus stop and bus zone will provide improvements to bus services in the Werrington area by providing better access to community facilities and the town centre for commuters.

 

RECOMMENDED

That:

1.   A 20m bus zone be installed on Victoria Street, Werrington, opposite 92 Victoria Street before the existing “No Stopping” zone.

2.   Busways be advised of Council’s resolution.

3.   The provision of a bus shelter be investigated by Council’s Traffic Section and a project entered into the Bus Infrastructure priority list if applicable.

4.   Council Assets Section be requested to investigate the provision of a 2.5m shared use path along the northern portion of Victoria Street, fronting Rance Oval.

 

 

 

GB 5          Parker Street, Penrith - Pedestrian Signals (Raised Councillor       Tricia Hitchen)                     

Councillor Tricia Hitchen requested (via email) that Roads and Maritime Services investigate the timing and synchronization of the new pedestrian signals on Parker Street, outside Nepean Hospital.

RECOMMENDED that Council write to the Roads and Maritime Services requesting they investigate the time and synchronization of the recently installed pedestrian signals on Parker Street.

 

 

GB 6          Northern Road and Andrews Road  - Trees along median strip      (Raised Councillor Marcus Cornish)        

Councillor Marcus Cornish raised the issue of the trees and vegetation in the median strip along the Northern Road and Andrews Road, and potential impacts on sight distances.

RECOMMENDED that Council write to the Roads and Maritime Services requesting they check the impact of trees and vegetation on sight distances at the intersection of Andrews Road and The Northern Road.

 

 

GB 7          March - St Marys (raised St Marys LAC)      

St Marys Police LAC – Mark Elliott raised details of a march through St Marys, to be held under Police Control, signifying 100 years of Women in The Police Force. The event will take place on the 31 July 2015.

RECOMMENDED that Council note the information.

 

 

GB 8          St Marys RSL Branch, St Marys ANZAC Day March (raised St       Marys LAC)       

The St Marys Police representative briefed the Committee on arrangements for the St Marys RSL sub branch ANZAC Day march 2015. He indicated a TMP would be forthcoming.

RECOMMENDED that Council note the information.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:30am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 December, 2014 be adopted.

 

 

 


Ordinary Meeting                                                                                         15 December 2014

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 2 December, 2014

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies (arrived 7:06pm) and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish,  Tricia Hitchen, Karen McKeown and Michelle Tormey.

 

LEAVE OF ABSENCE

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

APOLOGIES

Apologies were accepted from Councillors Maurice Girotto, Ben Goldfinch, John Thain, Jackie Greenow OAM and Mark Davies for their non-attendance at the meeting.

 

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

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

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

2        Penrith Performing and Visual Arts Ltd - Annual Report

The Mayor, Councillor Ross Fowler OAM, introduced the report and invited Hania Radvan, CEO of PPVA Ltd, to give a presentation.  The Mayor also acknowledged the presence of Peter Anderson AM, Chairman of PPVA Ltd and John Reed, CFO of PPVA Ltd.

         

RECOMMENDED

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report be received.

2.     Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd for a further period of 30 months from 1 July 2014 until December 2016.

3.     Council endorse the appointment of the Hon Peter Anderson AM, Mr Pat Sheehy AM, Ms Barbara Magee and the Mayor, Councillor Ross Fowler OAM as Directors of Penrith Performing and Visual Arts Ltd.

 

 


 

 

3        Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors

Wayne Mitchell, Executive Manager – Environment & City Development introduced the report and invited Alan Brown, Chairman of Penrith Regional Indoor Aquatic & Leisure Ltd and Greg Crawford – General Manager of “Ripples”, to give a presentation.

Councillor Kevin Crameri OAM left the meeting, the time being 7:55pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:59pm.

RECOMMENDED

That:

1.     The information contained in the report on Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd for a further period of 30 months from 1 July 2014 until December 2016.

 

 

1        Penrith Whitewater Stadium - Annual Report and Board of Directors                      

 

Councillor Greg Davies left the meeting, the time being 8:10pm.

 

Councillor Greg Davies returned to the meeting, the time being 8.14pm.

 

David Burns, Executive Manager – City Assets, introduced the report and gave a presentation in the absence of the Stadium Manager, Jack Hodge who was unable to attend the meeting.

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received.

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited for a further period of 30 months from 1 July 2014 until December 2016.

3.     Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Whitewater Stadium Ltd. 

 

 

 


 

 

URGENT BUSINESS

 

UB 1           Request for Leave of Absence    

Councillor Karen McKeown requested Leave of Absence for 15 December 2014.

 

RECOMMENDED that the matter be brought forward as a matter of urgency.

 

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

 

RECOMMENDED that Councillor Karen McKeown be granted Leave of Absence for 15 December 2014.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:20pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 2 December, 2014 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Emu Village Out of School Hours Service – Request to Re-locate to premises formerly occupied by Emu Plains Branch Library                                                                                           1

 

 

Outcome 2 - We plan for our future growth

 

2        Heritage Assistance Fund 2014 - 2015                                                                              5

 

3        Reclassification of Certain Public Land in St Marys Town Centre                                    9

 

4        Proposed Corridors for South West Rail Link Extension and Outer Sydney Orbital (M9) 12

 

5        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.                                                                               19

 

 

 

Outcome 4 - We have safe, vibrant places

 

6        "Poppy Park" Remembrance Planting                                                                             46

 

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

 

7        Penrith Valley Regional Sports Centre                                                                             54

 

8        2015 Netball World Cup - Hosting International Team                                                     56

 

 

Outcome 7 - We have confidence in our Council

 

9        Preparations and Settings for 2015-16 Operational Plan                                                 62

 

10      Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy                                                                                                           69

 

11      Decision Making Arrangements for the Christmas/New Year Council Recess              72

 

12      Summary of Investments and Banking for the period 1 November to 30 November 2014          77

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Emu Village Out of School Hours Service – Request to Re-locate to premises formerly occupied by Emu Plains Branch Library                                                                                           1

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

 

 

1

Emu Village Out of School Hours Service – Request to Re-locate to premises formerly occupied by Emu Plains Branch Library   

 

Compiled by:               Janet Keegan, Children's Services Manager

Authorised by:            Janet Keegan, Children's Services Manager  

 

Outcome

We can work close to home

Strategy

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

Service Activity

Deliver high quality children's services

      

 

Executive Summary

This report provides information on the Emu Village Out of School Hours (OSH) service. The report recommends that Council grant the request of the Penrith City Children’s Services Cooperative Board to re-locate the service to the premises formerly occupied by Emu Plains branch library at Lawson Street, Emu Plains.

Background

At the Ordinary Council meeting on 25 August 2014 Council resolved to move to close the Emu Plains Branch library. The branch library subsequently closed on 31 October 2014.

 

Emu Village OSH

Emu Village OSH is a Council auspiced service and is managed by the Penrith City Children’s Services Cooperative (PCCSC) Board. It offers before and after school and vacation care for children of school age (5-12 years) and commenced operations in 1983.  As the service grew and demand increased within the local community, the service occupied the former Emu Plains School building in Lawson Street, Emu Plains. The centre enrols children attending Emu Plains and Emu Heights Primary Schools and Our Lady of the Way Catholic School.  Emu Village OSH service shares parts of the premises with the Nepean Family History Society.

 

From January 2012, services such as the Emu Village OSH are captured in the new National Law and Regulations for the children’s services sector and the Assessment and Rating system.  This is similar to Approved Services (like long day care) for 0-5 year olds.  These new legislative instruments identify the space requirements and facilities to be provided for children and staff in such Approved Services.

 

Emu Village OSH service, at its current location in the former Emu Plains Public School building, does not meet the requirements of the new legislation particularly in the areas of access, kitchen, bathroom and toilet facilities for children and staff. The heritage listing of the facility from which the service operates is a challenge to implementing the capital works needed to meet the legislation.

 

For some time, consideration has been given by the PCCSC to options for delivery of the Emu Village OSH service, particularly with regard to infrastructure, to ensure it complies with legislation, offers a contemporary service and remains competitive and a viable option for families that need it.  Even though two of the schools traditionally serviced by the centre now have their own OSH services on site (Emu Plains and Our Lady of the Way) there is still a demand for the services that Emu Village provides. It is intended that the centre will expand its enrolments from Emu Heights Primary School and for vacation care in particular. Anecdotally, some families have indicated that they would utilise the OSH service more than they do currently if the indoor facilities were more suited to a recreation service for 5-12 year olds. 

 

The Emu Village OSH operates as a component of the Emu Plains cluster service which also encompasses The Kids Place long day care service (40 places).  The long day care centre currently operates to capacity with child enrolments. One centre supervisor oversees both services and it is an expectation that all staff deployed there will work across all components. Maintaining the OSH service within the Lawson Street precinct makes sound management sense.

 

Given the infrastructure limitations of the premises currently occupied by Emu Village OSH, Board Directors of the PCCSC considered this matter at its meeting on 27 November 2014. The Board resolved to request to Council the re-location of the OSH service to the premises formerly occupied by the Emu Plains branch library.  Initial investigations of this option reveal that the library building could suitably house the Emu Village OSH service following a capital upgrade for which the Board has made provision. It is envisaged that the Emu Village OSH service could occupy the library premises in the latter part of 2015.

 

Conclusion

The Emu Village OSH service provides a vital service to families with school age children within the Emu Plains and Emu Heights community. With current and projected enrolments of children, it is considered that there will continue to be a demand for the service.  In its current venue, the operation of the service faces significant challenges particularly related to the lack of toilet, bathroom and kitchen facilities and access.  The closure of the Emu Plains branch library provides an opportunity to consider the re-location of the OSH service to the premises formerly occupied by the library. This would require a building and subsequent playground upgrade to bring the library premises to the standard required which would need to be funded from the Board’s operations.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Emu Village Out of School Hours Service – Request to Re-locate to premises formerly occupied by Emu Plains Branch Library be received.

2.    Council grant the request of the Penrith City Children’s Services Cooperative Board to re-locate the Emu Village OSH service to the premises formerly occupied by the Emu Plains branch library.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Heritage Assistance Fund 2014 - 2015                                                                              5

 

3        Reclassification of Certain Public Land in St Marys Town Centre                                    9

 

4        Proposed Corridors for South West Rail Link Extension and Outer Sydney Orbital (M9) 12

 

5        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.                                                                               19

 

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

 

 

2

Heritage Assistance Fund 2014 - 2015   

 

Compiled by:               Clare Aslanis, Graduate Environmental Planner

Authorised by:            Paul Lemm, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Facilitate quality development that contributes to a growing regional City

      

 

Executive Summary

Council’s Heritage Assistance Fund (HAF) has been operating since 2007.  The fund is to assist owners, lessees and not-for-profit organisations in repair and maintenance works to properties listed in the Penrith Heritage Local Environmental Plan (LEP) as a heritage item or located within a heritage conservation area. The funding is not offered to commercial properties, or businesses.

 

The 2014/2015 Heritage Assistance Fund has a budget of $21,807.00.  This amount is comprised of Council’s Funding of $15,000.00 and reimbursement of last year’s funding from the NSW Office of Heritage of $6,807.00 in July this year. The nomination period opened from 18 August 2014 and closed on Friday 31 October 2014. A total of eleven (11) applications were received and assessed by Council’s Heritage Advisor and Council’s Environmental Planner. The results of this assessment process recommended funding being offered to eight (8) applications.  Council’s Heritage Committee has discussed and endorsed the assessment of the applications and recommendation, awarding funding to eight (8) applications on the basis of the best value in relation to the assessment criteria.

Background

The aims of the Heritage Assistance Fund are to:

 

·           Encourage the repair and maintenance of domestic scale heritage items and promote a positive community attitude to heritage conservation;

·           Provide a mechanism to achieve the conservation of specific elements that are considered important to an area such as streetscapes, buildings fabric and façade, and physical evidence of heritage items;

·           Promote a greater awareness, understanding and appreciation of heritage within Penrith City.

 

The funding assists in the promotion of a positive community attitude to heritage conservation and provides greater awareness, understanding and appreciation of heritage within Penrith City.

 

Applications Received and Assessment Process

A total of eleven (11) applications for funding have been received in 2014 with proposed works consisting of re-painting, roof repairs, building repairs, roof downpipes, Conservation works, repairs to damaged brickwork and ceiling works. (See Appendix 1 – Heritage Assistance Matrix 2014 - 2015).

 

The applications were assessed by Council’s Heritage Advisor and Council’s Environmental Planner. The applications were assessed against the ‘Assessment Matrix’ criteria as follows: 

 

Criteria 1: Conservation work required to the item and urgent projects to avert a threat to a heritage item. Projects subject to conservation controls where the owner is able to show hardship arising from conservation work required to the item.

 

Criteria 2: Projects that have satisfied submission requirements: details of proposed works and schedule of the specific works to be undertaken, submission of quotes.

 

Criteria 3: Demonstrates the proposed work is appropriate from a heritage point of view and would encourage the conservation of other heritage items and not reconstruction.

 

Criteria 4: Projects that demonstrate value to the community. Projects that are highly visible to the public, e.g. the replacement of a verandah to a building in a main street location.

 

The quality and clarity of information provided was also taken into account. Three (3) of the applications were unsuccessful as 2 of them were used for commercial purposes and the third unsuccessful application proposed works that met the criteria, however the works were not of great value to the heritage item and the owners have received funding in previous years for repointing, and roof repairs.

Successful Applicants

Eight (8) of the eleven (11) applications have been recommended to receive funding. The recommended successful applications have been reported to and endorsed by Council’s Heritage Advisory Committee at its meeting on Wednesday, 26 November 2014.

The successful applicants are listed in the table below:

 

Applicant & Address

Item

Proposed Description & Reason for the project

Total Project cost

(AS PER QUOTE)

Council Funding

($1 for $1)

1.

Platform Youth Services Incorporated - 22-24 Lemongrove Road, Penrith

Lemongrove Lodge

External Painting.

$9,750.00

$3,000.00

2.

Scott and Christine Gatt - 24 Forbes Street, Emu Plains

House

Repairs to roof and external painting.

$11,485.00

$3,000.00

3.

Anthony and Katherine Cavanagh - 43 Warwick Street, Penrith

Minnamurra House

Repairs to roof.

$19,987.00

$3,000.00

4.

Geoff and Rhonda Sookee - 66-70 Great Western Highway, Emu Plains

Weatherboard House

External painting.

$14,550.00

$3,000.00

5.

Robert and Kathy Mullen - 142 High Street, Penrith

Kelvin Brae – Federation House

Repair brickwork and provide rendering to external façade.

$2,640.00

$1,400.00

6.

Jurij Suchowerskyj - 255-265 High Street, Penrith

St Aubyns Terrace

Repair fencing, balconies and external painting.

$3,773.00

$1,900.00

7.

St Marys Anglican Church - 311 Great Western Highway, St Marys

St Mary Magdalene Church, Cemetery, Hall & Grounds

Enact works recommended by Conservation Management Plan.

$6,000.00

 

 

$5,000.00

8.

Mairead Stynes (St Nicholas of Myra Parish) - 332 High Street, Penrith

Memorials & Lampstand, St Nicholas of Myra Church

Repairs to roof, cleaning and restoration of graves, trees preservation, replacement of carpet and other works.

$88,948.60

 

 

$1,500.00

 

 

 

 

Total

$21,800.00

 

Due to the number of eligible applicants this year, the Heritage Advisory Committee discussed the most beneficial allocation of the budget. It was agreed unanimously that money would be allocated to projects that would have most value to Penrith’s Heritage, as a result the committee chose to endorse the allocation of $5,000.00 funding to the St Marys Anglican Church for repairs and maintenance work. Despite the application only requesting funding for $6,000.00 worth of works, it was noted that the works that needed to be completed are extensive and the Heritage Item is state significant and very important to the history of St Marys. As such, the applicant has been asked to provide receipts for any works undertaken on the site within this financial year to the sum of $10,000.00 and Council will be able to allocate the full $5,000.00 to their project, rather than the $3,000.00 requested.

 

Next Steps

All applicants will be advised of the status of their application. Applications which involve building works require development approval through the development application (DA) process. An applicant may apply, in writing, to Council to have development application and, construction certificate fees refunded for approved development for the restoration works.

 

Consultation and inspections with applicants will be undertaken until completion of all restoration works. Funding will be issued upon completion of all restoration works. 

 

Conclusion

Penrith City Council has a commitment and responsibility to the conservation of the City’s cultural and environmental heritage. Some of the applications received involve significant costs for the restoration works proposed. Completion of the 5 projects proposed to provide funding to will provide a positive contribution towards these goals.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Heritage Assistance Fund 2014 - 2015 be received.

2.    The successful applicants for the 2014/2015 Heritage Assistance Fund outlined be endorsed by Council and advised accordingly.

3.    The unsuccessful applicants for the 2014/2015 Heritage Assistance Fund outlined be advised accordingly.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         15 December 2014

 

 

 

3

Reclassification of Certain Public Land in St Marys Town Centre   

 

Compiled by:               Matthew Rose, Senior Planner

Authorised by:            Mark Broderick, Acting City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the needs of a growing population

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

 

Executive Summary

On 24 November 2014, Council resolved to commence the statutory process for the reclassification of certain public land in St Marys Town Centre (the Town Centre).  The reclassification of Council’s land will allow Council to consider opportunities, including new development, that implement the adopted St Marys Town Centre Strategy (2006).  The two reports considered by Council identified the land that required reclassification, sought the commencement of the statutory process, and provided the strategic context.

 

This report seeks Council’s resolution to include some additional public land, previously understood to be Operational Land, in the current reclassification process.

 

Current Position 

The reclassification process relies on comprehensive information for each parcel of land.  This requires research into, amongst other things, how Council came to own the land, and for what purpose.  This research has identified additional Council owned land that potentially requires reclassification from Community to Operational.  Confirmation of the classification of this land may still take some time.  This could introduce significant and undesirable delays in the current reclassification process.

 

The reclassification process requires the submission of a Planning Proposal to the Department of Planning and Environment’s Gateway Process.  The Gateway Process provides no opportunity to include additional land in a Planning Proposal without subsequent delays.  The removal of land from a Planning Proposal however, can occur without delay.  It is therefore preferable to include the additional land in the Planning Proposal now.  If some or all of that land is confirmed as Operational it can be withdrawn from the current process with no time penalties.

 

The additional land is identified in the following table and Attachment 1.  Attachment 1 also identifies the land already included in the current reclassification process (numbered 1-4).

 

No

Description

Address(es)

Property Description(s)

5

Child Care Centre

8-10 Carinya Avenue

Lots 203-204 DP 26908

6

West Lane Car Park

2-8 & 12-28 Carinya Avenue

Lots 195-202 & 205-208 DP 26908

7

(Part of) Lang Park

1-11 Carinya Avenue

Lots 1-6 DP 26908

8

(Part of) Station Street Car Park

8 Station Street

Lot 8 DP 734738

 

This land comprises open space, car parking, and a residential building that is leased on a month-to-month basis to Lifestart for use as an occasional childcare centre.  The reclassification of the land does not affect this lease arrangement.

 

Conclusion

To avoid potential delays in the preparation of the Town Centre for opportunities consistent with the Strategy, it is recommended that the additional land be included in the current reclassification process.  The research into the current classification of the additional land can continue and the Planning Proposal can be refined accordingly. 

 

 

RECOMMENDATION

That:

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

2.    That Lots 1-6 and 195-208 DP 26908 and Lot 8 DP 734738 as identified in Attachment 1 be included in the Planning Proposal reclassifying certain public land in St Marys Town Centre.

 

 

ATTACHMENTS/APPENDICES

1.  

Reclassification of Certain Public Land in St Marys Town Centre

1 Page

Appendix

  


Ordinary Meeting                                                                                                       15 December 2014

Appendix 1 - Reclassification of Certain Public Land in St Marys Town Centre

 

PDF Creator


 


Ordinary Meeting                                                                                         15 December 2014

 

 

 

4

Proposed Corridors for South West Rail Link Extension and Outer Sydney Orbital (M9)   

 

Compiled by:               Elizabeth Hanlon, Senior Planner

Authorised by:            Paul Grimson, City Planning Manager 

Requested By:            Councillor Prue Car

Councillor Bernard Bratusa

 

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

      

 

Executive Summary

Councillors Bernard Bratusa and Prue Car have requested reports to Council on matters relating to the NSW Government’s concepts for corridors for the South West Rail Link (SWRL) extension and the Outer Sydney Orbital (M9).

 

In accordance with Councillor Bratusa’s request, this report clarifies Council’s submission to Transport for NSW (TfNSW) on the proposed corridor for the SWRL extension, including the intent of the map included in Council’s submission.  The report also discusses the maps circulating within the community, which claim to show Council’s preferred routes for the SWRL extension and Outer Sydney Orbital (M9) corridors.  The report outlines the approach proposed to be taken in writing to landowners in Orchard Hills and Claremont Meadows regarding these matters.

 

In accordance with Councillor Car’s request, this report discusses the advice received from TfNSW on the status of the proposed corridors for the SWRL extension and the Outer Sydney Orbital, including the general timeframes for community consultation.  The report recommends that Council continue to advocate on behalf of the community for effective consultation processes for both proposed corridors.

Background

Proposed corridor for the South West Rail Link extension

On 28 April 2014, the State Government announced its intention to consider the concept of a corridor to cater for a future rail extension of the South West Rail Link (SWRL).  The corridor is proposed to be a public transport rail corridor.  The State Government’s concept is to extend the corridor from Leppington to Bringelly and then head in two directions: north to the Main Western Line near St Marys and south to Narellan.  A corridor width of 40-60 metres is proposed; 60 metres being required to accommodate stations.  Five core stations are proposed at locations within the South West Growth Centre and one at Badgerys Creek.  Additional stations are also being considered.  The State Government intends to eventually acquire all land required for public transport purposes, when a specific project has been approved and funds have been made available for acquisition.

 

The State Government’s announcement on 28 April 2014 launched the first stage of community and stakeholder consultation by Transport for NSW (TfNSW).  This stage ended on 29 August 2014 (extended from 6 June 2014).  In the first stage of consultation, TfNSW sought comment on the broad location of a future corridor and on the future locations for railway stations to service the new rail line.

 

At its Ordinary Meeting of 23 June 2014, Council endorsed a submission to TfNSW on the first stage of consultation for the corridor concept.  Council’s submission is further discussed later in this report. 

 

TfNSW proposes to undertake a second stage of consultation once it has completed more detailed alignment work and reviewed initial community and stakeholder feedback.  The detailed work includes technical engineering and environmental studies, including analysis of the potential impacts on local communities.   Senior TfNSW officers have recently confirmed that the second stage of consultation will occur in the second quarter of 2015.

Proposed corridor for the Outer Sydney Orbital

In June 2014, as part of the 2014-15 Budget, the State Government announced $4.6 million for strategic planning investigations for a possible future Outer Sydney Orbital (M9).  TfNSW has commenced work to identify a proposed corridor and has indicated that relevant feedback captured during the consultation for the proposed rail corridor will also be considered in the planning for the Outer Sydney Orbital corridor.  In the same way the State Government is conducting a staged consultation process for the proposed rail corridor, it will seek the community’s views on the Outer Sydney Orbital corridor before proposing any specific alignments. 

 

Through preliminary discussions, TfNSW has indicated that the community will be notified when consultation on the Outer Sydney Orbital corridor commences.  This is anticipated to occur in mid-2015.  We understand that TfNSW is committed to consulting with the community throughout the various stages of the process.

 

Given TfNSW is in the early stages of the planning process for the Outer Sydney Orbital corridor, Council has not made any submissions at this stage. Council officers will, however, seek to engage with TfNSW as early as possible in the planning process.

 

In light of community representations, Councillor Bratusa, at Council’s Ordinary meeting of 24 November 2014, requested a report clarifying Council’s position on the establishment of the SWRL extension.  Councillor Bratusa also requested that Council write to local residents in Orchard Hills and Claremont Meadows.

 

At the same meeting, Councillor Prue Car requested a report detailing the status of the State Government’s plans for the SWRL extension and the Outer Sydney Orbital, with particular attention being paid to any Government plans for consultation with affected residents along such potential corridors.

 

This report is submitted in response to both requests.

Council’s Submission on the Proposed Rail Corridor

In Council’s submission to TfNSW on the first stage of consultation for the proposed corridor for the SWRL extension, Council supports the proposed corridor as part of a broader plan for Western Sydney that will connect the North West and South West Growth Centres (with 500,000 potential residents) and the Broader Western Sydney Employment Area (BWSEA) (with 60,000 potential jobs) to Western Sydney’s regional cities and major centres.  Council’s submission argues that the proposed corridor will play a vitally important role in providing north-south cross regional connections, which are essential to improving access to jobs, education and services across the region.  The submission also argues that the proposed corridor will help to address much needed public transport infrastructure and services for both existing urban areas and future planned growth, irrespective of Sydney’s second airport at Badgerys Creek.

 

Council’s submission is considered to represent the views of the broader community of the City of Penrith.  Through Council’s community surveys, the broader community has identified ‘jobs closer to home’ and ‘the need for infrastructure, including public transport’, as high priorities for the City.  For many years, Council has advocated, and continues to advocate, for significant investment in new and diverse jobs for the City and for Western Sydney to redress the current jobs shortfall and to deliver additional jobs for planned future growth.  To support business and jobs in the region and improve access to education, health and other services, Council also advocates for significant investment in infrastructure, including the provision of north-south connections across Western Sydney.  This advocacy has been undertaken in various ways, including through submissions to the State Government on the Draft Metropolitan Strategy for Sydney 2031, the NSW Long Term Transport Master Plan and the Draft Broader Western Sydney Employment Area Structure Plan.

 

While Council’s submission supports the proposed corridor for the SWRL extension, this is not without qualification.  Council’s submission also emphasises that any proposed alignment must minimise adverse environmental, economic and social impacts, including impacts on Penrith’s local communities and impacts on high conservation value bushland, particularly on the Orchard Hills Defence site.

 

Council’s submission also highlights a number of other principles to guide the form and location of the proposed corridor, including, but not limited to, the following:

·        Connect the corridor to the significant economic and employment generating potential of Sydney Science Park (and the BWSEA) and the Penrith Health and Education Precinct (PHEP);

·        Extend the corridor to the North West Rail Link to connect the North West and South West Growth Centres to Penrith and the BWSEA, and extend the corridor south of Narellan to connect to the Main South Rail Line;

·        Provide a ‘Y Link’ where the corridor intersects with the Main Western Rail Line to enable direct connection to the Penrith City Centre;

·        Optimise performance on the Main Western Rail Line, including accelerating the frequency and speed of services and synchronising services with those on the North West and South West Rail Lines;

·        Adopt a coordinated approach to governance and decision making across all levels of government in relation to all modes of transport across the region.

 

Having regard to the above principles, Council’s submission includes a map illustrating, in broad terms, Council’s preference for the proposed corridor to connect the Sydney Science Park and the BWSEA to the PHEP and then to the North West Rail Link.  The map also broadly shows a corridor for the Outer Sydney Orbital, which was transposed from TfNSW’s consultation material to provide further context.  In the same diagrammatic format utilised by TfNSW in its consultation material and other State Government strategic planning documents, the map is not intended to indicate a specific alignment for either the proposed corridor for the SWRL extension or the Outer Sydney Orbital.

 

Council is aware that there are maps circulating within the community and available on the Western Sydney Conservation Alliance’s (WSCA) website on behalf of the Stop the Orbital and Rail Corridor (STORC) Action Group, which purport to take the broad conceptual lines for the proposed corridors on the map in Council’s submission and overlay them on images from Google Earth.  These maps, however, show much narrower lines and suggest these lines are Council’s preferred routes for the corridors.  The website also claims that the map in Council’s submission “is the latest and clearest indication of a likely route”.

 

It is incorrect to use the map in Council’s submission in this way.  Council’s map is a broad conceptual diagram aimed at illustrating the principles in its submission.  It is also incorrect to claim that Council’s map is the latest and clearest indication of a likely route.  The decision on the final alignment of the proposed corridors is one for the State Government.  TfNSW has always indicated in discussions with Council and on its website that the specific alignment of the proposed rail corridor will need to be determined based on TfNSW’s detailed investigations and that the specific alignment will be the subject of a second round of consultation by TfNSW.  This is also the case for the Outer Sydney Orbital corridor.

 

It is unfortunate and disappointing that a misrepresentation of Council’s submission has been used to alarm some in the local community given the conceptual nature of consultation to date.

 

In response to the maps circulating within the community, TfNSW has placed the following information on its website:

“I’ve seen a number of maps for the project showing a line going through my property/community.  How do I know which map is reliable?

The Transport for NSW SWRL extension material shows a broad study area – or broad corridor - that is being investigated.  At this early stage in the process, Transport for NSW has not developed a proposed alignment and there are no maps showing an alignment. 

Transport for NSW is aware that incorrect information generated by third parties is being circulated amongst the community, causing some people undue concern. 

Information, including maps, prepared by the NSW Government will always show the NSW Government branding. 

Once a proposed alignment is developed, Transport for NSW will invite the community and stakeholders to comment on specific alignment options for corridor preservation. 

Similarly, maps alleging to show the precise locations of the Outer Sydney Orbital corridor have not been produced, endorsed or circulated by the NSW Government”.

Better Community Consultation

In addition to Council’s submission to TfNSW, the Mayor has written to the Hon. Gladys Berejiklian MP, Minister for Transport, urging that a more thorough approach be taken to consultation than what occurred earlier this year (for the proposed rail corridor) on all corridor projects to ensure the community is aware of and understands specific alignment options and their potential impacts and benefits.  The Mayor has also urged that sufficient time is given for making submissions. 

 

The Minister has advised that once the detailed technical studies are complete for the proposed rail corridor, the community will have the opportunity to contribute to the discussion.  The Minister has further advised that an environmental impact assessment will be completed and publicly exhibited as part of the planning process.

 

Council will again advocate for effective community consultation on the proposed corridor for the Outer Sydney Orbital.

Community Representations

Council has received representations from the community, particularly some people in Orchard Hills and Claremont Meadows, about the impacts of the proposed corridors for the SWRL extension and the Outer Sydney Orbital on local communities including on their quality of life, homes, property values and local environment.  The most recent representations call for Council to “reverse (its) decision to put the corridors through our homes, community and environment”.

 

Council’s submission on the proposed rail corridor, however, is not without qualification and raises the above considerations.  It emphasises that any proposed alignment must minimise adverse environmental, economic and social impacts, including impacts on local communities and on high conservation value bushland.

 

Further, Council’s submission is considered to represent the views of the wider community of the City of Penrith.  The proposed corridor will improve cross regional connections, support business and jobs growth in the region and improve access to education, health and other services, which are high priorities identified by the Penrith community and for which Council has advocated for many years.

 

While Council will continue to encourage the State Government to ensure that any proposed corridor minimises its environmental and social impacts, infrastructure of this nature will inevitably involve some land in private ownership.  Decisions made by the State Government on the proposed corridors for the SWRL extension and the Outer Sydney Orbital will always be based on the nett benefit to the community.  Where private land is involved, processes for fair compensation are mandated in legislation.

 

Council will be aware that representations have been made on behalf of the Orchard Hills community for Orchard Hills to be developed for urban purposes in the future, as part of the State Government’s 2011/12 process for landowner nominated sites.  The State Government has subsequently identified Orchard Hills in the Draft Metropolitan Strategy for Sydney 2031 as a potential urban investigation area.  This suggests that there are mixed messages coming from the Orchard Hills community about the future of the area. Certainly, if Orchard Hills is to be considered for urban development, as the residents have asked, then rail access in the future would be complementary.

Accurately Informing the Community about Council’s Submission

It is considered that Council should write to landowners in Orchard Hills and Claremont Meadows to clarify Council’s position on the proposed corridor for the SWRL extension based on the following approach:

·        Reinforce that the proposed corridor is a State Government proposal;

·        Explain the basis for Council’s position, as discussed above;

·        Highlight that Council’s submission states that the proposed corridor must minimise adverse environmental, economic and social impacts, including impacts on local communities and on high conservation value bushland;

·        Explain the intent of the map in Council’s submission;

·        Express the view that the maps circulating within the community and on WSCA’s website are a misrepresentation;

·        Indicate that Council will continue to urge the State Government to consult with local communities more thoroughly, particularly with those that will be potentially affected; and

·        Advise that information on the location of any specific corridor alignment should be sought from TfNSW, who intend to undertake a second round of consultation with the community and stakeholders.

 

The opportunity can also be taken to indicate that Council has not made any submissions on the proposed corridor for the Outer Sydney Orbital at this stage.  Council, however, will continue to advocate for a comprehensive approach to consultation on this proposal.

 

Council officers have also received enquiries from residents in St Marys and Llandilo.  It is recommended that information clarifying Council’s current position on the proposed corridors for the SWRL extension and Outer Sydney Orbital be included on Council’s website to help address this issue.

 

While TfNSW has provided general timeframes for community consultation on the proposed corridors for the SWRL extension and the Outer Sydney Orbital, Council officers are continuing to seek details on the proposed processes, particularly consultation with potentially affected residents.

 

The proposed corridors for the SWRL extension and the Outer Sydney Orbital will be reported to Council when details of the specific alignment options are known and the technical engineering and environmental studies are available.

Conclusion

All planning processes begin with ideas, broad conceptual thinking and consideration of options.  Only then can more detailed propositions be developed, tested and adjusted through iterative processes and input from stakeholders.  In the first stage of consultation on the proposed rail corridor, the State Government sought comment on the broad location of the corridor and on the locations for future railway stations.  Council’s submission responded to this request by outlining, in broad principles, the key centres to link and the general form of the corridor.

 

As a responsible authority, Council must engage with government to develop strategies and deliver outcomes that will benefit the communities of Penrith. Council’s submission to the State Government responsibly represents both the broad public interest as well as the interest of landowners that may be specifically affected by the proposed rail corridor.

 

For many years, Council has advocated for investment in jobs and infrastructure because these have not been delivered to match the significant urban growth in outer Western Sydney.  Council’s submission supports the concept of a north-south public transport corridor because it will provide cross regional connections to enable people to move more easily and quickly to jobs, education and services within the City of Penrith and across the region.

 

Support for the rail corridor, however, is not without qualification.  Any proposed alignment must minimise adverse environmental, economic and social impacts, including impacts on Penrith’s local communities and impacts on high conservation value bushland.

 

Council’s submission is premised on promoting consideration of ‘bookending’ the rail corridor with the Sydney Science Park and the PHEP.  It is not indicating at all where the corridor between these key centres should be placed.  That is a decision for the State Government.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Corridors for South West Rail Link Extension and Outer Sydney Orbital (M9) be received.

2.    Council write to landowners in Orchard Hills and Claremont Meadows clarifying Council’s position on the proposed corridor for the South West Rail Link extension, as outlined in this report, and that this information also be placed on Council’s website.

3.    Council continue to advocate on behalf of the community for effective consultation processes for both the proposed corridor for the South West Rail Link extension and the proposed corridor for the Outer Sydney Orbital.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         15 December 2014

 

 

 

5

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  

 

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 macro fauna 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. 

 

The application was reported to the Ordinary Meeting of Council on 24 November 2014 where it was deferred for further discussion with the applicant regarding construction of the Dunheved link road and relocation of the proposed haulage route. In response to this resolution the applicant has submitted additional information which has provided support for the location of the existing proposed haulage route and has provided evidence and details of continued discussions with Council officers and the Roads and Maritime Service (RMS) for the separate delivery of the Dunheved link road. 

 

The applicant has advised that the delivery of the link road is unfeasible for the proposed development at this point in time as follows:

 

·        The requested link road option will require the provision of a temporary intersection designed to accommodate the current traffic volume in Forrester Road and Christie Street and may require signalisation.

·        The proposed haulage road will be used for importation of fill associated with future bulk earthworks (Development Application No. 14/1228) in the Central Precinct.  Utilising the separate link road corridor will delay commencement and delivery of the finished Links Road project and will delay land release.

·        Adjoining properties may also object to the inclusion of the future Dunheved Link Road into the proposed works due to the additional traffic generated by the construction of the haulage road and subsequent truck movements associated with the importation of fill for bulk earthworks.

·        Significant upgrade of the southern section of Links Road is required to ensure the road is suitable for heavy vehicles.

·        The existing roads in the vicinity of the proposed haulage road are designed for heavy vehicles and RMS approved B Double routes. They are considered to be the most reasonable and effective route for the proposed fill importation.

 

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

 

A construction certificate has been issued for bulk earthworks associated with the above consent and these works have physically commenced.  It is noted however that at this point in time the approved road construction under DA07/0494 is yet to commence.

 

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, compromising 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

Council approved Development Application No. 07/0494 at the Ordinary Council meeting of 25 February 2008 for land fill and Torrens Title subdivision.  The application sought consent for creating five (5) Lots and construction of associated civil works in the Dunheved Precinct raising the ground level above the 1:100 year flood level subject to conditions.  The approved fill platform and resulting finished ground levels have been taken into consideration in flood modelling undertaken for the planning of the Central Precinct. 

 

The subject application originally proposed filling along the haulage route corridor to raise the route of the haulage road north of the approved fill area.  It was 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 further detailed flood assessment to ascertain the extent and severity of the resulting 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 was requested to amend the finished levels of the proposed haulage road to the natural ground level.  The amendments have been undertaken.  The amendments will require minor filling north of the approved fill area however it will not result in any significant flooding implication than that which currently exists. 

 

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.       Road Construction

          The proposed haulage road maintains the same road alignment, but not the construction design, approved as part of Development Consent No. DA07/0494 (Refer to Appendix 3). The proposed road will provide a temporary design as a haulage road and upon cessation of use (for the importation of fill), the road will be constructed in accordance with the existing approval (DA07/0494) and will service the Dunheved Precinct as already approved.

          The proposed temporary haulage road will also not result in adverse flooding impacts as the works do not compromise flooding analysis and resulting flood levels as previously approved under DA07/0494.

 

d.       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). 

 

e.       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.

 

 

 

 

f.        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.

 

g.       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.

 

h.       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 issued to coincide with Blacktown City Council.

 

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 Blacktown Council’s determination which will be issued under delegated authority prior to the end of December 2014.

 

 

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         Prior to the removal of any trees associated with subdivision/development activities, an inspection for hollows and hollow dependent threatened fauna is to be undertaken under the supervision of a fauna ecologist. Any fauna found are to be relocated by the fauna ecologist prior to felling. Should juveniles be contained within the affected tree then clearing is to be delayed until juveniles have vacated.

 

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 by the fauna ecologist prior to commencement of works.

 

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.

 

3.13        Prior to the commencement of works, a pre-construction dilapidation report is to be submitted to Penrith City Council. The report is to include all infrastructure but not limited to, the road pavement, kerb and gutter, footpath, services and street trees and is to extend over the proposed haulage route along Council's existing local road network.

 

3.14       Upon completion of works, a post construction infrastructure dilapidation report is to be submitted to Penrith City Council. The report is to comment on the condition of all infrastructure but not limited to, the road pavement, kerb and gutter, footpath, services and street trees and is to extend over the proposed haulage route along Council's existing local road network. Any damage identified between the pre and post dilapidation reports is to be rectified at the expense of the applicant to the satisfaction of Council. The report is to be submitted within one (1) month of works completion.

 

4.    Council write to Blacktown City Council advising them of the decision.

 

 

ATTACHMENTS/APPENDICES

1.  

Location and Site Plan

1 Page

Appendix

2.  

Areas of Work and Sections

1 Page

Appendix

3.  

Approved Dunheved Roadworks for DA07/0494

1 Page

Appendix

  


Ordinary Meeting                                                                                                       15 December 2014

Appendix 1 - Location and Site Plan

 

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Ordinary Meeting                                                                                                       15 December 2014

Appendix 2 - Areas of Work and Sections

 

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Ordinary Meeting                                                                                                       15 December 2014

Appendix 3 - Approved Dunheved Roadworks for DA07/0494

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        "Poppy Park" Remembrance Planting                                                                             46

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

 

 

6

"Poppy Park" Remembrance Planting   

 

Compiled by:               Matthew Morris, Parks Program Co-ordinator

Authorised by:            John Gordon, Parks Manager 

Requested By:            Councillor Ross Fowler OAM

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

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

      

 

Executive Summary

An approach has been made by Remember a Soldier Ltd to allow the use of Judges Park, Penrith for the purpose of allowing a portion of the park to be used for the temporary placement of artificial poppies in remembrance of Australians lost in times of war.

 

The “Poppy Park “project aims to acknowledge those lost, through the purchase and placement of a poppy which would carry an individual’s name and service history. The “Poppy Park” would be in place for a 5 week period and consist of an area 40m x 50m in size which would be under the organising group’s management and control for the duration of the event.

 

A development application is not required to permit this use however a casual booking will be required in accordance with the agreed terms set out within this report. It is proposed that no charge be levied for this activity.

 

Community members will be encouraged to purchase a poppy for placement in the park with all proceeds raised from the sales directed to the Penrith RSL sub branch.

 

Background

Remember a Soldier Ltd is a not for profit (NFP) organisation setup to ensure every Australian Soldier killed in action is personally remembered up to and including the ANZAC commemoration on 25 April 2015.

 

There have been 102,787 recorded casualties held by the Australian War Memorial. These individual Soldiers names will be added to each Poppy and placed within the Poppy Park as a special personal remembrance campaign.

 

The project will not only remember those lost in war, but also support local businesses as it is intended to utilise local suppliers as much as possible for all aspects of the Poppy Park, including design, production and the hiring of support services.

 

All funds raised through the sale and placement of poppies will be donated to the Penrith RSL Sub Branch. The proponent (Mr Owen Rogers – Chairperson, Penrith CBD Corporation) of the project has discussed this proposal with the Penrith RSL who have offered their full  support for the project. A written endorsement of their position will be provided in due course.

 

 

 

Operational Matters

In considering the request for use of the Park, Council staff considered and agreed to a range of issues outlined below:

 

·    The space required is 40m x 50m and will be fenced. The type and style of fencing is to be determined in consultation with the event organisers.

 

·    Signage will include two fixed signs placed at each end of the designated area. These will be three metres wide, two metres high and fixed upon two steel posts.

 

·    It is proposed that lighting from the Judges Car Park area will be used to illuminate the Poppy Park area, ensuring security lighting is available after dark.

 

·    The actual Poppies will be designed in Penrith, put together by the Thorndale Community group reflecting as life like as possible the natural Poppy flower.

 

·    Security services of a local provider will be sought to provide night time security for the five week period leading up to 25 April 2015.

 

·    The physical space allocated for the Poppy Park will be fully maintained by the not for profit "Remember a Soldier Ltd", including the collection of litter and maintenance of the poppies and surrounds. The remainder of Judges Park will remain under the control of Council.

 

·    The Poppy Park will be casually attended during the day 10am – 2pm for questions or directions to purchase a Poppy, however online sales will be available via poppypark.org.

 

The start date for marketing and selling of the Poppies will be early in the new year. Signage to advertise the event will be installed during January 2015, whilst the park area will be required at the conclusion of the Penrith CBD ANZAC Festival currently set down for 21 March 2015.

 

Use of the space will continue up to and including  29 April ensuring Poppy Park is in place for the ANZAC services on 25 April 2015.

 

Risk Management

“Remember a Soldier Ltd” will provide all relevant insurances for the duration and operation of the event. A certificate of currency will be required prior to the events setup.

 

Comment by Financial Services Manager

There is no significant direct cost to Council in the establishment of the Poppy Park, however Council staff will be required to erect and dismantle the perimeter fence before and after the event.  The cost can be accommodated within the Parks 2014/15 operational budget.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on "Poppy Park" Remembrance Planting be received.

2.    Council endorse the proposal for the establishment of the Poppy Park on an annual basis at Judges Park as outlined within this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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

 

Item                                                                                                                                                Page

 

7        Penrith Valley Regional Sports Centre                                                                             54

 

8        2015 Netball World Cup - Hosting International Team                                                     56

 

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

 

 

7

Penrith Valley Regional Sports Centre   

 

Compiled by:               Andrew Moore, Financial Services Manager

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Support sport and recreation partners and networks

      

 

Executive Summary

This report is to advise Council of a request from the Penrith Valley Regional Sports Centre (PVRSC) for Council to provide a guarantee for a new loan with Westpac Banking Corporation. The new loan of $221,000 over a term of 5 years will fund the installation of 99.3kw solar panel system that will service the facility and provide the opportunity to feed back into the grid any surplus generated.

This request is in addition to the existing guarantee agreed by Council at its Ordinary Meeting held 24 June 2013 for a loan of $450,000 over a 7 year term.

Council Officers have considered the new request and reviewed the Business Case and Feasibility of the proposed works by the PVRSC and reviewed their most recent financial statements and consider it appropriate, should Council agree, to provide a guarantee for the new $221,000 loan over a term of 5 years.

Background

The PVRSC was opened in 1989 as a four-court facility and in 1999 was extended to a six court multi-purpose facility.  The facility is managed by Penrith Valley Regional Sports Centre Ltd, a not-for-profit organisation, under a lease of 99 years from Penrith City Council. It should be noted that Council is not the owner of the facility and that the Stadium is built on land that is leased by Penrith City Council to the PVRSC.

 

The facility accommodates approximately 5,000 patrons per week from all age groups and socio economic backgrounds participating in sports competitions, as well as regional, state and national tournaments and events. PVRSC has reported that the venue is currently at capacity on most evenings and weekends.

 

During the course of the last 4 years PVRSC has undergone a significant building asset renewal program with Council contributing $850,000 towards improvements at the facility from its 2009-10 Building Asset Renewal Program, as resolved by Council at its Ordinary Meeting on 15 December 2008.

 

At the same time, the PVRSC developed a master plan for the facility, for which it received Development Approval, which it could use to apply for funding opportunities when they arose. The master plan seeks to expand and provide new facilities that will service increasing demand, ensure that the facility remains competitive when seeking to bid for events, as well as provide an income stream that will contribute to the long term sustainability of the venue.

 

In August 2013, the PVRSC refinanced an existing loan that resulted in their monthly loan repayments being reduced from $17,625 to $6,350.  The current proposal would increase the PVRSC’s monthly loan repayments by approximately $4,230 to $10,580.  

 

Current Request

 

Council Officers have reviewed the current financial statements provided by the PVRSC and given the current repayment history in relation to previous loans it is considered that the PVRSC has the capacity to service the new loan.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith Valley Regional Sports Centre be received.

2.    Penrith City Council enter into a deed of guarantee for a new loan of up to $221,000 repayable over 5 years on behalf of Penrith Valley Regional Sports Centre.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         15 December 2014

 

 

 

8

2015 Netball World Cup - Hosting International Team   

 

Compiled by:               Shelley Lee, Event Development Officer

Authorised by:            Barbara Magee, Manager - Corporate Communications & Marketing  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Support sport and recreation partners and networks

      

 

Executive Summary

In August 2015, the Netball World Cup will be held at Sydney Olympic Park, the first time this prestigious event has been held in Australia since 1991.

Penrith City Council is working in close association with the Penrith District Netball Association to host one of the 16 teams for pre-world cup training.

Having one of the world’s top 16 team in Penrith City will not only enhance the profile of the sport locally but will also raise Council’s international profile from  media opportunities that this event generates.

The report recommends that the information in the report 2015 Netball World Cup - Hosting International Team be received.

Background

Between 7-16 August 2015, Sydney Olympic Park will host the premier event in world netball, the 2015 Netball World Cup. This prestigious event has not been held in Australia since 1991.

The competition will take place over 10 days and features 16 qualifying nations who play a total of 64 games. The qualifying teams are Australia, New Zealand, England, Jamaica, Malawi, South Africa, Wales, Scotland, Fiji, Samoa, Trinidad & Tobago, Barbados, Singapore, Sri Lanka, Uganda and Zambia. The organising body of the Netball World Cup are offering the opportunity for local netball associations to host one of the 16 international teams for up to one week immediately, prior to the commencement of the competition.

Penrith District Netball Association (PDNA) has expressed an interest in hosting a team and has been in ongoing discussions with Council staff in the Recreation Department along with the Council Events Development Officer about lodging an application. Council is very fortunate to have a very good working relationship with the PDNA and the two organisations continue to work together for the betterment of the sport of netball in Penrith City.

The PDNA competition is one of the largest in the State with well in excess of 100 senior and 200 junior teams with around 4,000 participants taking part in games at the Association’s headquarters at Jamison Park every weekend. Also as a regular host of regional and State championships, Penrith City would represent an ideal pre-World Cup training base for one of the 16 competing teams.

 

 

Current Situation

The organisers of the Netball World Cup have advised that in order to host a team the host venue will have to be able to cover expenses such as accommodation, transport, training venues, meals/catering, umpires and equipment. These costs amount to approximately $10,000. It would also be expected that they be afforded a Mayoral Civic Reception and be provided with Penrith Tourism Information Packs.

There are a number of significant benefits associated with hosting one of the world’s top netball teams in our City. Local players and teams will have the opportunity to meet the team as well as participate in signing sessions, photo shoots and netball clinics. More importantly, the presence of a world class netball team in our City will clearly enhance the profile of the sport locally and generate significant positive local, regional, national and international media coverage of the team in Penrith to a very large audience.

An application to host a team has been submitted by PDNA. It has been identified that the University of Western Sydney short stay apartments would offer suitable accommodation for an international team while the Penrith Valley Regional Sports Centre has been identified as a potential training venue.

PDNA will support the event with the provision of equipment, umpires and preparations for a training clinic, local ambassador support and are potentially seeking sponsorship support in hosting a dinner during the weeks stay. The PDNA have requested assistance in contributing to accommodation, indoor training venues costs, transport, civic reception and meals currently estimated at approximately $10,000. There are currently no funds available within the Corporate Communications & Marketing Department’s budget nor the Recreation Department’s budget to fund this opportunity. If the $10,000 required cannot be found the application will be withdrawn.

Recreation Manager’s Comment

As a major event on the 2015 sporting calendar, the Netball World Cup provides a unique opportunity for Council to partner with PDNA, Netball NSW and the Local Netball World Cup Organising Committee (LNWCOC) to host a visiting national team as it acclimatises and trains in Australia before competing in the Championship.

Hosting an international team will support PDNA in promoting the region and the sport and afford the opportunity to provide a positive legacy for netball. One such opportunity will be to work with the LNWCOC to promote the Schools Legacy Program which will provide a suite of initiatives, opportunities and resources for schools that support sustaining and growing participation in the sport.

PDNA continues to work hard to attract events to the City and promote the area. In June 2015 PDNA will host The State Age Championship – Division 3, a three day event attracting over 2,500 participants a day. The Association has also submitted a joint submission from Penrith District, Blue Mountains and Hawkesbury Netball Associations to NSW Netball, for consideration for selection into the inaugural 2016 NSW Netball Premier League competition. The outcome of this submission is due to be announced on 18th December.

Hosting an international team will be reward for PDNA’s hard work and the thousands of participants and volunteers engaged in the sport in the local area.

Conclusion

With a flourishing local netball competition in Penrith City, the opportunity to host a world class netball team in the City has great merit. It will not only serve to enhance the profile of the sport of netball in Penrith City but also put Penrith City on the map as a major venue for this sport. Additionally, it will provide the City with invaluable positive coverage in local, regional, national and even international media demonstrating the benefits of Penrith as a training base for elite teams across a range of sports.

 

 

RECOMMENDATION

That the information contained in the report on 2015 Netball World Cup - Hosting International Team be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

9        Preparations and Settings for 2015-16 Operational Plan                                                 62

 

10      Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy                                                                                                           69

 

11      Decision Making Arrangements for the Christmas/New Year Council Recess              72

 

12      Summary of Investments and Banking for the period 1 November to 30 November 2014          77

 

 

 



Ordinary Meeting                                                                                         15 December 2014

 

 

 

9

Preparations and Settings for 2015-16 Operational Plan   

 

Compiled by:               Graham Pares, Strategic Projects Coordinator

Geraldine Brown, Budget Accountant

Authorised by:            Andrew Moore, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

This report provides a framework for the formal commencement of the development of the 2015-16 Operational Plan which will represent the third instalment of Council’s 4 Year Delivery Program (2013-2017).

 

The process for developing the 2015-16 budget is outlined in this report with further details of the broad assumptions being used to formulate a base budget for 2015-16 contained within the attached Annual Budget Guidelines. This report recommends that Councillors endorse the preparation of a base budget in line with these assumptions which will be presented to the first Councillor Workshop on the 2015-16 Operational Plan scheduled for 2 March 2015.

 

Operational Plan Structure

In accordance with Integrated Planning and Reporting (IPR) legislation Council is currently in preparation for the 2015-16 Operational Plan which also includes the 2015-16 Fees and Charges.

 

Resource Allocation Process for 2015-16

 

Each year a significant amount of general revenue funding is applied to projects already committed by Council through established programs, policy decisions and funding to support grants and contributions.  While much of this is in some sense ‘tied’ funding, there is nevertheless a significant ongoing commitment by Council to projects and programs which are, in effect, discretionary.  As such it is of course open to Council to re-assess these priorities at any time.

 

Resource Allocation requests (RAR) has been the name used for the process where the Corporate Leadership Team (CLT) participates in building the Operational Plan.  The RAR process enables managers to highlight additional potential projects that their service could undertake with additional resource support.  CLT then undertakes an assessment round to prioritise these opportunities based upon their contribution to the priority directions of the organisation and the available resources that could be allocated.

 

The RAR process has been suspended for the 2015-16 Operational Plan in recognition that the Service Review component of the Capacity Review will bring forward the information that would traditionally have been brought forward through RAR.  The intention of the Service review is to apply a standard review methodology to our current services to identify:

·    Cost savings in service delivery,

·    Opportunities to improve productivity for service delivery,

·    Opportunities to improve the quality of service delivered to the community,

·    Viable alternative delivery modes if they exist.

 

The methodology includes a data collection and analysis phase, which will include collection of information relevant to any previous Resource Allocation Bids submitted by the service Manager. The methodology requires analysis of future opportunities for service delivery, including the identification of resources required.  The reporting phase of the service review will therefore present the opportunity for a comprehensive list of these opportunities to be prioritised and introduced through the Operational Plan at the appropriate time.

 

Capacity Review

Council is currently undertaking a capacity review incorporating a full service review, assets review, review of business processes and priority setting. This review, although commencing before the Office of Local Government released its Fit for the Future agenda will encompass the work required to demonstrate that we meet expectations for long term financial sustainability and effective and efficient infrastructure and service management. As the capacity review progresses the implications for Council’s financial strategies and long term financial plan will be better understood. 

Although the data gathering phase of both the service review and the assets review is well underway, preliminary findings will not be available until early March. Should recommendations from the services review and assets review be adopted, budgets for 2015-16 will need to adjusted/amended. This budget, therefore, is being prepared based on current information. Should the need for changes arise they will be discussed as part of the regularly scheduled Councillor Briefings in March and April that cover budget preparation. 

 

Financial Strategy

Council’s financial strategy over the years has been developed giving consideration to past and future efficiency opportunities, maintaining Council’s commitment to invest in our infrastructure assets, and providing services to our community in a financially prudent and sustainable way.  While Council’s financial position is sound, with adequate levels of working capital and liquidity over recent years Council has had to make a number of difficult decisions to ensure a sustainable financing strategy to maintain current services and service levels.

 

Local government is traditionally asset rich and income poor, with limited ability to raise revenue to cater for increasing expenses. Decisions made by Council almost 20 years ago to redirect significant investment  to focus on asset maintenance and a policy to reduce our debt burden have laid the platform for sustainability that many local councils are now grappling with. These decisions have been supported by a strong focus on budget control , the introduction of long term modelling (well before it was a requirement under the Integrated Planning and Reporting legislation), recent reviews of services and service levels, implementation of asset renewal programs across all asset classes and a continuing focus on productivity improvement. Together, these strategies have enabled us to deliver a balanced budget during challenging financial times, improve the condition of our road network and continue to meet the expectations of our community. 

 

There have, however, been significant challenges in recent years. Councillors will recall that the budget development over the last 4 – 5 years has presented a number of difficulties and required both permanent and one off cuts that have gone against our established asset management priorities and service level agreements.  These needs have since been able to be addressed through funds generated by the AREAS and 2011-12 Funding our Future Special Rate Variations. These challenges will continue into the future, particularly as we face the need to increase services as our City grows.  Similarly, as what it means to be a Regional City becomes clearer, we will be presented with a need to fund key projects that will confirm our Regional City status. This is likely to require a refinement of our financial strategies, a number of which have been discussed with the Finance Working Party over the last 12 months and will be progressively implemented over the coming years.

 

While Penrith was one of the 25% of NSW councils rated as ‘weak’ or ‘very weak’ by TCorp in their 2013 review of local government financial sustainability, the Councillors will be aware of the concerns about the methodology used in this review. These concerns, along with a clear understanding of the robust nature in which our finances are managed and our annual budget developed, help inform management’s opinion that our long term financial sustainability is ‘strong’. This does not mean that there are not challenges or that we can relax our financial controls.  The growth of our Regional City requires prudent financial management and long term planning to ensure we can continue to meet the needs of our community. 

 

On 10 September 2014 the NSW Government announced its response to the Independent Review Panel’s recommendations, being the “Fit for the Future” requirements.  Council’s commencement of the Financial Capacity and Capacity Reviews ahead of this announcement has placed Penrith in an advanced state of preparedness and our response will benefit from the work already completed and the ongoing work of the Financial Capacity Review.

 

The Financial Capacity Review represents the next stage in developing our financial strategy to continue to ensure Council is best positioned to take advantage of the opportunities that our growth and Regional City status will present.  The efforts of the past have given us a platform which presents an opportunity for Council to consider structural change to our financial settings that will enable us to create and respond to opportunities. The consideration of these options is timely given the expiry of the AREAS SRV in 2015-16 which underpins many of our asset management and asset renewal strategies. 

Budget Preparations

Each year Council is required to prepare a budget which represents the annual instalment of its four-year Delivery Program as part of the Operational Plan process.  In preparing the budget, Council must comply with relevant provisions of the Local Government Act, other legislation, Council’s financial management objectives, and other adopted Council policies.

 

A copy of the Annual Budget Guidelines is included with this report which summarises in one document those issues involved in the preparation of Council’s annual Budget and associated Fees and Charges booklet. This document provides a general guide and is regularly updated as new policies are developed or current policies revised.

 

The annual budget process is presently underway and in accordance with Council procedures the initial 2015-16 budget is being prepared on the basis of continuing existing service levels. The first draft of the 2015-16 budget is prepared by taking the current year’s budget, removing one-off items, making adjustments to wages and other major items such as rating income, and incorporating any other policy changes as required. Provision is made for works programs and project funding that reflects previous Council funding decisions and policy settings. Following on from this process the draft budget will be presented to management for review and discussion.

 

Changes requested by Managers are reviewed to determine if the item is a required cost change or a service level change. Service level changes require a resourcing bid and specific endorsement by Council. Cost changes, such as Local Government Cost Index (LGCI) increases, or award increases associated with delivering the same program, form part of the base.

 

In addition, any known variations from the current year will be incorporated into the base budget as soon as the information becomes available. Further details are provided on the most significant of these in the Budget Guidelines attached to this report. Any assessment regarding available funds at this time must be highly qualified, as many variables cannot be forecast with accuracy at this stage. Significant factors affecting available funds in 2015-16 include the level of development related income, associated growth in rates income, energy costs, Government levies and contributions, and the current freeze of indexation of the Financial Assistance Grant. Advice will be actively sought in regard to these and any other emerging issues, and if available, the information will be incorporated into the Draft 2015-16 budget prior to the second Operational Plan Workshop on 13 April 2015.

 

In order to prepare the next budget, it is proposed that the following process (similar to that utilised for the 2014-15 Operational Plan) be followed:

1.       Non-discretionary costs and charges will be estimated.

2.       Labour costs will be estimated. Continuation of the same extent of service provision will form the base to which Council directives for increased or amended service will be added, in order to determine costs.

3.       Funding which has a particular purpose, such as grants or s94 contributions, will be directed towards that purpose.

4.       Established replacement and renewal programs will be continued in accordance with the relevant Council resolutions.

5.       All Special Rate Variation funded initiatives will be reported including detailed programs for each element.

6.       Rating and other general revenues will be estimated.

7.       Fees will be calculated in accordance with existing principles, which link each individual fee to a particular pricing mechanism.  Income will be estimated from the fee.

8.       A first draft budget is developed.  This draft then forms the starting point for Council to determine its budget.

9.       Further analysis and discussion of any unallocated revenue will take place to consider potential new requirements from Council’s strategy, project evaluation bids, major projects, organisation resourcing, debt management, Council reserves and available funds. 

 

As a result of following this process, a Draft 2015-16 budget will be completed by March 2015 forming the basis for budgetary discussions at the first Operational Plan Workshop on 2 March 2015. A Briefing Paper will be presented at this Workshop that will identify available funds, major budgetary changes from the previous year, recurrent or multi-year projects included in the draft budget, and highlight any outstanding issues requiring direction.  In addition the Finance Working Party will consider a review of Council’s Rating Structure in February 2015. Any recommendations will be tabled at the first Operational Plan Workshop for further direction.

 

At this stage of the annual budget process a number of assumptions have been made and will be incorporated in the preparation of the Draft 2015-16 budget. Further details on these key assumptions can be found in the Annual Budget Guidelines attached to this report. 

 

Long Term Financial Plan

The Long Term Financial Plan (LTFP) provides a key tool for the development and monitoring of Council’s Financial Strategy. The LTFP is included in Council’s Resourcing Strategy and outlines Council’s capacity to manage assets and deliver services over the next ten years. Council has a responsibility to manage its resources and finances to ensure its long term existence. Recent actions by Council, including the 2011-12 SRV, has positioned the LTFP to demonstrate that Council has the capacity to manage its finances and deliver the services and programs identified in the Strategic Plan and Delivery Program. The LTFP is reviewed annually as part of the preparation of the Operational Plan, and reviewed every four years to coincide with the review of the Delivery Program.

Council’s LTFP is based on a set of assumptions which generally relate to those elements that are most likely to affect the overall outcome of the model.  Future years’ forecasts are linked to the Operational Plan and provide a means of assessing the long-term financial implication of current year decisions. Assumptions made in the plan include:

·        Rating Revenue

·        Development Growth

·        Investment Return

·        Financial Assistance Grant

·        Employee costs

·        CPI or other agreed indexations

·        Capital works and services programs

·        Anticipated Loan programs

·        Fees and Charges movements

·        Changes identified through ongoing improvement and review of services

 

It is important to keep in mind when projecting budgets over such a long period that estimates can alter significantly when assumptions are reviewed, particularly when the variances apply to larger items such as employee costs or rating income. However, the LTFP remains an important planning tool and is regularly updated with current data to ensure its usefulness in providing information for Council’s financial planning decisions.

The LTFP will continue to be updated throughout the budget process, and further information in regard to future years’ available funds will be presented to the Operational Plan Workshops.

 

Further Budget Considerations

The above information details the procedural aspects of preparing the Draft 2015-16 budget following existing practices, and highlights the major factors known at this time affecting the budget predictions.  These items are intended to create the base position from which Councillors’ input is required in order to prepare a budget that corresponds with Council’s priorities.

 

Further budget issues that are proposed to be addressed at the Operational Plan Workshops in March and April 2015 are:

·        Analysis of reserves which will indicate proposed programs and/or excess capacity to fund expenditure from reserves

·        Major projects and their funding requirements

·        Rating Policy which determines the relative share that will be contributed by Residential, Business, and Farmland properties

·        Draft Fees and Charges

·        Long term financial projections

·        Development Related Income

 

It is suggested that the Operational Plan preparation process should proceed on the above criteria.  This will allow draft documents to be created which will facilitate decisions regarding Council’s capacity to provide its diverse range of services, address the priorities for the City, and make any necessary adjustments.

 

Operational Plan Timetable

The proposed timetable for the development of the 2015-16 Operational Plan, based on the factors discussed above and the adopted Council meeting schedule for 2015, is outlined in the following table:

 

 

Outline Timetable for Development of the 2015-16 Operational Plan

Key Dates

Action or Requirement

November 2014 to February 2015

·    Draft Operational Plan preparation continues

February 2015

Finance Working Party to discuss:

·    Rating Structure Review

2 March 2015

1st Council Operational Plan Workshop:

·    Confirmation that the initial Draft Plan and Budget reflects Council’s program and policy directions.

13 April 2015

2nd Council Operational Plan Workshop:

·    Follow up from Council's directions given at the first Workshop

·    Revised draft of Operational Plan information and determination of priorities for resourcing where required

27 April 2015

Report to Ordinary Meeting:

·    Adoption of Draft Operational Plan for Exhibition (including Fees & Charges).

May -  June 2015

Public Exhibition of Draft Operational Plan (including Public consultations).

29 June 2015

Report to Ordinary Meeting:

·    Adoption of 2015-16 Operational Plan

·    Making of 2015-16 Rates and Charges

 

Conclusion

If Council is in agreement with the broad approach outlined above, then management will be well placed to continue the development of the Draft 2015-16 Operational Plan. Identification by Council of any particular issues to be considered and assessed in this process would further assist in this development.

 

The present report initiates a series of discussions with Council that will ultimately lead to the development of a Draft Operational Plan for public exhibition and consultation.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Preparations and Settings for 2015-16 Operational Plan be received.

2.    Council make initial identification of particular matters to be considered in the preparation of the Draft 2015-16 Operational Plan.

3.    Preparation of the Draft 2015-16 Operational Plan continue in the terms discussed in this report and outlined in the Annual Budget Guidelines (attached).

 

 

ATTACHMENTS/APPENDICES

1.  

Annual Budget Guidelines for Councillors

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                         15 December 2014

 

 

 

10

Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy   

 

Compiled by:               Colin Cordrey, Property Co-ordinator

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement to create an easement over Council’s land in favour of Endeavour Energy.

 

Urban Growth has, on behalf of Endeavour Energy, applied to Council to create an easement over Council’s car park off Belmore Street on the south eastern side of Penrith Station. The purpose of the easement is to replace high voltage overhead electricity cables with underground services. The relocation of the cables is in conjunction with underground cabling for the Thornton development and will result in the removal of some 16 telegraph poles along the rail corridor.


Placement of the cables underground will:

·    reduce Council’s land currently affected by the overhead cables from 540 m2 to 180 m2 for the underground cables, a benefit of 360 M2;

·    reduce the visual impact by removing some of the current overhead cables and 2 telegraph poles from Council land, and some 14 poles along the northern side of the rail corridor, consistent with Council’s objective to improve the quality and amenity of the City centre;

·    reduce the visual obstruction the 2 poles on Council land currently provide to pedestrian/vehicular traffic; and

·    improve the flexibility of design for future road widening proposals along Belmore Street.

 

It is proposed to allow Endeavour Energy to acquire the easement for a nominal amount of $1 due to the offset benefits that the relocation of the cables will bring to Council’s adjoining property and the community benefit.

 

It is also proposed to provide Endeavour Energy with exclusive possession of the immediate work area for the construction period. Urban Growth will manage the construction and administration of the project on behalf of Endeavour Energy.

Background

Urban Growth has, on behalf of Endeavour Energy, applied to Council for an easement over Council’s car park at the south eastern side of Penrith Station. The purpose of the easement is to replace overhead electricity cables with underground services. The relocation of the cabling is in conjunction with the Thornton development and will result in the removal of some 16 telegraph poles along the rail corridor, including the two on Council land.

 

Urban Growth’s proposal will remove some 30 metres of overhead cabling and 2 telegraph poles from Council land. Under the provisions of the Electrical Supply Act, the existing cables are protected by an 18 metre wide corridor, which has the same effect as an easement of some 540 square metres in area over Council land. The easement to be acquired from Council will only affect approximately 180 square metres in area, therefore having a net benefit of removing an encumbrance on Council’s land of some 360 square metres in area.

 

Removal of the overhead cabling will have significant visual benefits to the area and is consistent with Council’s objectives to improve the quality and amenity of the City centre. Relocating the cables underground will also simplify the design of future road widening/re-alignment proposals and reduce the current visual obstruction the 2 existing power poles to be removed from Council land provide to pedestrian and vehicular traffic.

 

Due to the benefits the project provides to Council, both in terms of reducing the encumbrance on Councils land, allowing better future road design flexibility and improving the visual amenity of the City centre, it is proposed to allow the creation of the easement on Councils title for the nominal consideration of $1. Endeavour Energy will be required to bear all cost associated with registering the easement on title to Council’s land.

 

The existing power poles and lines will be removed by Urban Growth/Endeavour Energy, however Council has received a commitment that any poles used for street lighting will be replaced and/or updated.

 

Relocation works are scheduled to commence around March/April 2015. It is anticipated that the works will occupy about 20 parking spaces, which will include the pit required for the under bore across the rail corridor, for a period of 1-2 weeks.

 

It is proposed to allow Endeavour Energy exclusive possession of the affected site area for the construction and commissioning period.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy be received.

2.    Endeavour Energy be granted an easement for electricity supply purposes over Council land as shown on the attached diagram for nominal consideration of $1, all costs associated with creation of the easement on Council’s land title to be borne by Urban Growth on behalf of Endeavour Energy.

3.    Urban Growth/Endeavour Energy be provided with exclusive possession of that part of the car park affected for the duration of construction, subject to submission of a suitable Traffic Management Plan.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy

1 Page

Appendix

  


Ordinary Meeting                                                                                                       15 December 2014

Appendix 1 - Council Carpark at Penrith Station - Creation of an Easement for Electricity Purposes - Endeavour Energy

 

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Ordinary Meeting                                                                                         15 December 2014

 

 

 

11

Decision Making Arrangements for the Christmas/New Year Council Recess   

 

Compiled by:               Adam Beggs, Acting Senior Governance Officer

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's reporting system and meeting processes

      

 

Executive Summary

The purpose of this report is to inform Councillors of the decision-making arrangements during the Council Christmas/New Year recess and of any development applications that may need to be determined over this period. The report recommends that the information be received and that any development applications requiring reporting to Council between 16 December 2014 and 1 February 2015 be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor before a report is presented to the Ordinary Council meeting (if required) to be held on 1 February 2015 relating to the operations of the organisation during this period.

Background

Tonight’s meeting is the last Ordinary Council Meeting for 2014 and the first Ordinary Council Meeting in 2015 will be on 2 February 2015.

 

During Council’s recess, the General Manager, in consultation with the Mayor, has extensive delegations to deal with issues that come before Council during the break, other than policy matters and those matters that cannot be delegated under the Local Government Act. The role of the Mayor is, among other things, to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.

 

At its Ordinary Meeting of 6 December 2004, Council adopted a policy on the decision-making arrangements in relation to development applications during Council’s Christmas / New Year recess. A copy of the policy is appended to this report for Councillors’ reference.

 

Current Position

Councillors who have matters to raise during the break can contact the General Manager, the Assistant General Managers and Executive Managers to have them dealt with as quickly as possible.

 

The following development applications are of a scale which may at the discretion of Council’s Development Services Manager, in accordance with the Council’s delegations normally be reported to Council for determination. It is requested that delegation be given to the General Manager, in consultation with the Mayor to determine these applications in the event that assessment is completed during the Christmas recess between 16 December 2014 and 1 February 2015:

 

DA14/1497

Maryland Development Company Pty Ltd

Lot 3997 Greenwood Parkway

JORDAN SPRINGS  NSW  2747

Creation of a Permanent Lake (Stage 1 Works) Including Associated Stormwater Drainage Works, Cycleways and Footpaths  

 

DA14/0756

Manchester Projects 2013 Pty Ltd; Charlani Constructions Pty Ltd        337 Great Western Highway ST MARYS  NSW  2760

Mixed Use - Demolition of Existing Structures and Construction of a Seven (7) Storey Mixed Use Development Including Ground Floor Commercial Floor Space, 4 x Soho Units, 49 x Residential Units, 2 x Levels of Basement Car Parking and Associated Landscaping and Drainage Work

 

DA14/0795

Morson Group Pty Ltd  6 John Tipping Grove

PENRITH  NSW  2750

Demolition of Existing Structures & Construction of Residential Flat Building containing 32 Apartments & Basement Car Parking

 

DA14/0742

Tucorp Pty Ltd15

Sainsbury Street ST MARYS  NSW  2760

Five (5) Storey Residential Flat Building containing 66 Apartments with Basement Car Parking & Strata Title Subdivision

 

DA14/1396

Stockland Development Pty Ltd

Lot 111-215 Andrews Road

CRANEBROOK  NSW  2749

Subdivision - 31 x Community Title Allotments (Industrial) and Associated Road Works, Construction of an Acoustic Mound, Landscaping, Earthworks and Drainage Works.     

 

DA08/1333.03

Cityscape Planning & Projects

190 Great Western Highway

KINGSWOOD  NSW  2747

Reduction of Building Height from Nine (9) Stories to Eight (8) Stories & Reduction in Apartment Yield from 61 Units to 51 Units

 

DA14/1304

FDC Construction & Fitout Pty Ltd

121-127 Henry Street

PENRITH  NSW  2750

External Refurbishment of Building Facade & Forecourt, Expansion of Level 1 Footprint & Installation of Two Lifts

 

Conclusion

Should any Development Applications be considered under the General Manager’s delegation after consultation with the Mayor for the period 16 December 2011 to 1 February 2015, a further report advising the details of these development applications will be brought to the first Council Meeting scheduled for 2015.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Decision Making Arrangements for the Christmas/New Year Council Recess be received

2.    Development Applications which would normally warrant reporting to Council between 16 December 2014 and 1 February 2015 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, or in his absence the Deputy Mayor.

3.    A report be presented to the Ordinary Council Meeting (if required) to be held on 2 February 2015 relating to the operations of the organisation during this period.

 

 

ATTACHMENTS/APPENDICES

1.  

Decision-Making Arrangement During Council's Christmas Recess

2 Pages

Appendix

  


Ordinary Meeting                                                                                                       15 December 2014

Appendix 1 - Decision-Making Arrangement During Council's Christmas Recess

 

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Ordinary Meeting                                                                                         15 December 2014

 

 

 

12

Summary of Investments and Banking for the period 1 November to 30 November 2014   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            Vicki O’Kelly, Executive Manager Corporate  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 November 2014 to 30 November 2014 and a reconciliation of invested funds at 30 November 2014.

 

The investment returns for the period are:

·    Council portfolio current yield                          3.47%

·    90 day Bank Bill Swap rate                              2.75%

·    Floating Rate Notes (return for the period)      4.06%

 

The report recommends that the information contained in the report be received.

 

Background

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

 

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 30 November 2014.

 

Vicki O'kellyh

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

 

 

RECOMMENDATION

That:

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

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                       15 December 2014

Appendix 1 - Summary of Investments

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday December 15 2014

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Shower Facilities for Homeless People - Pilot Project                                     2

 

 

 


Ordinary Meeting                                                                                         15 December 2014

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)          information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)           matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)          the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 6

 

2        Shower Facilities for Homeless People - Pilot Project 

This item has been referred to Committee of the Whole as the report refers to discussion in relation to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENTS   

 

 

Date of Meeting:     Monday 15 December 2014

Report Title:            Preparations and Settings for 2015-16 Operational Plan

Attachments:           Annual Budget Guidelines for Councillors



Ordinary Meeting                                                                                                       15 December 2014

Attachment 1 - Annual Budget Guidelines for Councillors

 

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ATTACHMENT       

 

 

 


Date of Meeting:     15 December 2014

 

Delivery Program:   Outcome 7 

 

Service:                   Financial Services

 

Report Title:             2014-2015 Voted Works