Council_Mark_POS_RGB

20 May 2015

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 25 May 2015 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Mark Davies - 15 May 2015 to 26 May 2015 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 April 2015.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 8 April 2015.

Local Traffic Committee Meeting - 4 May 2015.

Policy Review Committee Meeting - 11 May 2015.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 May 2015

 

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 MP

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 27 APRIL 2015 AT 7:32PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 15 April 2015 to 6 May 2015 inclusive.

Leave of Absence was previously granted to Councillor Tricia  Hitchen for the period 24 April 2015 to 2 May 2015 inclusive.

APOLOGIES

81  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that an apology be received from Councillor Prue Car MP.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 March 2015

82  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 23 March 2015 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Bid for ALGWA Conference 2017 as she is an Executive Member of the NSW Branch of ALGWA.  Councillor McKeown stated that she would abstain from debate and voting on this Item.

 

Councillor Jackie Greenow OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Bid for ALGWA Conference 2017 as she is an Executive Member of the NSW Branch of ALGWA.  Councillor Greenow OAM stated that she would abstain from debate and voting on this Item.

 



 

Mayoral Minutes

 

1        Passing of Richie Benaud OBE                                                                                       

83  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on Passing of Richie Benaud OBE be received.

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 4 March 2015                                                                                                        

84  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 4 March, 2015 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 13 April 2015                                                                                                                                     

85  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 13 April, 2015 be adopted, with GB 3 - Russell Street, Emu Plains - Footpath Widening        to now read:

“LTC55  That:

1.    Council investigate the matter.

 

2.    A report be presented to the Local Traffic Committee detailing a strategy on providing wider footpaths in high pedestrian traffic areas.”

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 20 April 2015                                                                                                                                     

86  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 20 April, 2015 be adopted, with Item 4 to now read:

“That:

1.    The information contained in the report on Regional Strategic Alliance - Co-operation and Management Agreement be received.

2.    Council give authority to the General Manager to enter into a Regional Strategic Alliance Co-operation and Management Agreement (the “Agreement”) with Blue Mountains City Council and Hawkesbury City Council as per Attachment 3.

3.    Council commit to provide up to $40,000 to this Project as part of the terms of the Co-operation and Management Agreement.

4.    Council establish the Joint Committee of Councils as a section 355 committee in accordance with the Local Government Act 1993 (NSW).

5.    Council delegate to the Joint Committee of Councils the authority to give advice to Councils on matters relating to the Project vision and general objectives and with respect to regional strategic alliance issues generally.

6.    Council appoint to the Joint Committee of Councils three representatives as voting members, being the Mayor and the Deputy Mayor – who held these positions at the time of executing the Agreement and that they continue to hold their appointment on the Joint Committee of Councils for the duration of the Agreement – and the General Manager or his/her nominee. 

7.    Council appoint Councillor Bernard Bratusa as an alternate to act for the Mayor or Deputy Mayor appointed by Council to the Joint Committee of Councils while such member is absent from any meeting of the Joint Committee of Councils.

8.    Council write to the Minister for Local Government informing the Minister of the formation of this Regional Strategic Alliance between Blue Mountains City Council, Hawkesbury City Council and Penrith City Council and renew requests for State Government funding to contribute towards the work of this Regional Strategic Alliance.

9.    Council write to the local State Members informing them of the formation of this Regional Strategic Alliance between Blue Mountains City Council, Hawkesbury City Council and Penrith City Council and seeking their support for the request made to the Minister for Local Government requesting for State Government funding to contribute towards the work of this Regional Strategic Alliance. 

10.   Letters be prepared and immediately sent to Blue Mountains City Council and Hawkesbury City Council advising them of the Committee’s resolution in respect of this report.”

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Glenmore Park Child and Family Centre - Operational Matters and Management   

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

That:

1.    The information contained in the report on Glenmore Park Child and Family Centre - Operational Matters and Management be received.

2.    Council approach the Penrith City Children’s Services Cooperative (PCCSC)  to take over the management of the facility, with a particular emphasis on managing and developing the children’s centre, community and professional rooms as part of holistic management of the site.

3.    Management of the children’s centre, community and professional rooms by the PCCSC be contingent on a Council subsidy for the facility for two years of no more than $75,000 over that time, as the Cooperative develops self-sustaining strategies for the future.

 

 

3        Abandonment of Sundry Debt                                                                                         

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

That:

1.    The information contained in the report on Abandonment of Sundry Debt be received.

2.    The sundry debt of $17,891.24, as outlined above, be written off as unrecoverable.

 

 

2        Bid for ALGWA Conference 2017                                                                                   

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

That:

1.    The information contained in the report on Bid for ALGWA Conference 2017 be received.

2.    Council support the bid to host the ALGWA Conference for 2017 and if successful, that an allocation be made in the 2016-17 Operational Plan to host the Conference.

 

 

Outcome 2 - We plan for our future growth

 

4        Proposed Wianamatta Regional Park                                                                             

90  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor John Thain

That:

1.    The information contained in the report on Proposed Wianamatta Regional Park be received.

 

2.    A memo be provided to all Councillors providing an explanation as to why the currently proposed Wianamatta Regional Park  is only proposed to be a Regional Park and has not been proposed to be elevated to the status of a Nature Reserve upon formal creation.

 

3.    A further report be presented to Council on the preservation and protection of native fauna in the Regional Park, with particular reference being given to fencing the Park.

 

 


 

 

Outcome 3 - We can get around the City

 

5        2014/15 Traffic and Safety Management Programs - Additional Funding Offer from Roads and Maritime Services                                                                                                      

91  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on 2014/15 Traffic and Safety Management Programs - Additional Funding Offer from Roads and Maritime Services be received

2.    The additional funding from Roads and Maritime Services for 2014/15 of $143,743 for the construction of a shared-use path bridge at Jamison Road be accepted.

3.    Council write to the Minister for Roads, Local Members and Roads and Maritime Services, expressing appreciation of their continued support and funding towards active transport initiatives.

 

 

Outcome 4 - We have safe, vibrant places

 

6        RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St, St Marys                                                                                                                                  

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

That:

1.    The information contained in the report on RFT 14/15-21 Provision of Design and Documentation for Special Places, Queen St, St Marys be received.

2.    Council award the contract for the Design and Documentation of Special Places, Queen St, St Marys to Oculus Landscape Architecture.

3.    Council endorse the formation of a Head Design Consultant Panel for creative-related public domain projects in Penrith City Centre for a period of three years.  The panel is to consist of Conybeare Morrison International Pty Ltd, James Mather Delaney Design Pty Ltd Landscape Architects, Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Ltd and RPS Australia East Pty Ltd.

 

7        Grant acceptance for 'Our River - Path, Play and Planning'                                       

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

That:

1.    The information contained in the report on Grant acceptance for 'Our River - Path, Play and Planning' be received.

2.    Council accept the grant funds from the MGP and send letters of thanks to the Minister for Planning and the Local Member, the Hon Stuart Ayres MP.

 

 

Outcome 5 - We care about our environment

 

8        Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2014/15  

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

That:

1.    The information contained in the report on Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2014/15 be received.

2.    Council accept the grant funding offers from the NSW Government for the following studies:

a.   South Creek Floodplain Risk Management Study and Plan - $250,000;

b.   College, Orth and Werrington Creek Catchments Overland Flood Study - $220,267; and

c.   Little Creek Catchment Overland Flood Study – $148,001

3.    Council not accept the grant funding offers from the NSW Government for the Peachtree and Lower Surveyors Creek Catchments Overland Flood Study - $197,666.

4.    Council write to the Minister for the Environment, Local Members and the Office of Environment and Heritage, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

 

9        Coal Seam Gas Review and Cost of Signage at City Entry Points                             

95  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Coal Seam Gas Review and Cost of Signage at City Entry Points be received.

 

2.    Consideration of this item be deferred pending a report to Council about the possibility of adding to the signs to existing City entry points, including the cost of removing graffiti from the eight existing entry point signs, with the report to attach photos of City entry signs currently in use in the Blue Mountains, and other forms of advertising.

 

10      8th Making Cities Liveable Conference, 6-7 July 2015                                                 

96  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on 8th Making Cities Liveable Conference, 6-7 July 2015 be received.

 

 

2.   Councillors Karen McKeown, Michelle Tormey and Jackie Greenow OAM  attend the 8th Making Cities Liveable Conference from 6-7 July 2015 and leave of absence be granted as appropriate.

 

 

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

 

11      Mayoral Arts and Culture Summit                                                                                  

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

That:

1.    The information contained in the report on Mayoral Arts and Culture Summit be received.

 

2.    An amount of $1,500 be allocated from each Ward’s voted works (total of $4,500) to support the Mayoral Arts and Culture Summit to be held in Penrith  in late June or July 2015.

 

 

 

Outcome 7 - We have confidence in our Council

 

13      Tender Reference 14/15-20 Provision of Banking Services                                         

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

That:

1.    The information contained in the report on Tender Reference 14/15-20 Provision of Banking Services be received.

2.    The Council accept the tender from the Commonwealth Bank of Australia to provide Transactional banking services to Council for the period 1 July 2015 to 30 June 2021

3.    The Council accept the tender from Westpac Banking Corporation to provide purchase card services for the period 1 July 2015 to 30 June 2021.

 

 

14      Summary of Investments and Banking as at 1 March 2015 to 31 March 2015           

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

That:

1.    The information contained in the report on Summary of Investments and Banking as at 1 March 2015 to 31 March 2015 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 March 2015 to 31 March 2015 be noted and accepted.

3.    The graphical investment analysis as at 31 March 2015 be noted.

4.    The Agency Collection Methods as at 31 March 2015 be noted.

 

15      Proposed Closure of Old Ferry Road                                                                             

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

That:

1.    The information contained in the report on Proposed Closure of Old Ferry Road be received.

2.    Consultation commence with adjoining owners and service authorities/utilities providers to permanently close that part of Old Ferry Road identified on the attached plan.

3.    If no objections are received, Council seek approval from NSW Trade & Investment Crown Lands to permanently close that part of Old Ferry Road

4.    Council proceed to identify the land by survey and register a Deposited Plan with Land & Property Information for title to the land to issue

5.    Upon permanent closure of the part of Old Ferry Road, the land be classified as Operational.

6.    The Common Seal of Penrith City Council be affixed to all necessary plans and documentation to effect registration of the survey plan with Land & Property information and the issue of title to the subject land in the name of Penrith City Council.

 

12      Exhibition of the Revised Delivery Program 2013-17 (incorporating the 2015-16 Operational Plan and Fees and Charges)                                                                      

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Exhibition of the Revised Delivery Program 2013-17 (incorporating the 2015-16 Operational Plan and Fees and Charges) be received.

2.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse for public exhibition of the amendment proposed to the Community Plan, the revised Delivery Program 2013-17 (incorporating the draft Operational Plan for 2015-16 and draft Fees and Charges 2015-16), including any amendments made at tonight’s meeting

3.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the amendment to the Community Plan and revised Delivery Program 2013-17 (incorporating the Operational Plan for 2015-16 and draft Fees and Charges 2015-16) be placed on public exhibition for 28 days commencing on Monday 4 May 2015 and closing on Tuesday 2 June 2015,

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

5.     Domestic Waste be charged at the same rate for both the standard 3 bin service (urban) and standard 2 bin service (non urban and multi unit).

101  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM that an extension of time be granted to enable Councillor Kevin Crameri OAM to complete his address, the time being 8:28 pm.

 

102  An AMENDMENT was moved by Councillor John Thain seconded Councillor Jackie Greenow OAM:

 

That:

1.    The information contained in the report on Exhibition of the Revised Delivery Program 2013-17 (incorporating the 2015-16 Operational Plan and Fees and Charges) be received.

2.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council endorse for public exhibition of the amendment proposed to the Community Plan, the revised Delivery Program 2013-17 (incorporating the draft Operational Plan for 2015-16 and draft Fees and Charges 2015-16), including any amendments made at tonight’s meeting

3.    In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the amendment to the Community Plan and revised Delivery Program 2013-17 (incorporating the Operational Plan for 2015-16 and draft Fees and Charges 2015-16) be placed on public exhibition for 28 days commencing on Monday 4 May 2015 and closing on Tuesday 2 June 2015,

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

 

The AMENDMENT was PUT.

 

Councillor Kevin Crameri OAM called for a DIVISION.

 

For

Against

 

Councillor Greg Davies

Councillor Maurice Girotto    

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Marcus Cornish

Councillor Jackie Greenow OAM

Councillor Michelle Tormey  

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

 

 

 

 

 

 

 

 

 

 

 

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED, with voting as follows:

 

For

Against

 

Councillor Greg Davies

Councillor Maurice Girotto    

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Marcus Cornish

Councillor Jackie Greenow OAM

Councillor Michelle Tormey                     

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Poppy Park       

Councillor Bernard Bratusa requested that:

(1)  Council send letters of thanks to Owen and Martin Rogers and also Gai Hawthorn (CEO, Penrith CBD Corporation) for their efforts and initiative in establishing the Poppy Park, and also to Council staff responsible for maintaining the facility;

 

(2)  A report come back to Council investigating potential sites for a permanent Poppy Park to acknowledge and commemorate the deeds of our Australian Armed Forces;

 

(3)  Council staff involved in managing the facility be recognised for their efforts.

 

RR 2           Intersection of Blacktown Road and Llandilo Road      

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning the intersection of Llandilo Road and Blacktown Road, in particular if lights or a roundabout are proposed to be installed at this location, and a timeline in which this is to occur.

 

UB 1           ANZAC Day Screens supplied by St Marys RSL Sub Branch         

Councillor Jackie Greenow OAM requested that an amount of $4,000 be allocated from East Ward voted works to reimburse St Marys RSL Sub Branch for the cost of two screens provided by them on ANZAC Day.

 

103  RESOLVED on the MOTION of Councillor Jackie Greenow OAM 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.

 

 

104  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that an amount of $4,000 be allocated from East Ward voted works to reimburse St Marys RSL Sub Branch for the cost of two screens provided by them on ANZAC Day.

 


UB 2           Representations to Joint Regional Planning Panel       

Councillor Michelle Tormey requested that Council make representations to the Chair of the Joint Regional Planning Panel (JRPP) requesting the Panel to hold a public briefing meeting, in accordance with JRPP procedures, regarding DA14/1228 (currently deferred and awaiting JRPP determination) and DA15/0299 (currently on public exhibition).

 

105  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM 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.

 

 

106  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM that Council resolve to make representations to the Chair of the Joint Regional Planning Panel (JRPP) requesting the Panel to hold a public briefing meeting, in accordance with JRPP procedures, regarding DA14/1228 (currently deferred and awaiting JRPP determination) and DA15/0299 (currently on public exhibition).

 

Councillor John Thain left the meeting, the time being 9:00pm.

 

Councillor Mark Davies left the meeting, the time being 9:01pm.

 

Councillors John Thain and Mark Davies returned to the meeting, the time being 9:04pm.

 

RR 3           ANZAC Day Services

Councillor Karen McKeown requested that Council officially congratulate all Council staff involved in the ANZAC Day services that took place in Penrith this year, with the preparation of the many parks and public spaces across the City, particularly in view of the recent prolonged period of inclement weather.

 

UB 3           Donation to Mark Geyer Cup      

Councillor Greg Davies requested that an amount of $2,000 from each Ward’s voted works (total of $6,000) be allocated to the Mark Geyer Cup, an initiative which assists disadvantaged young people with their education.

107  RESOLVED on the MOTION of Councillor Greg Davies 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.

 

108  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that an amount of $2,000 from each Ward’s voted works (total of $6,000) be allocated to the Mark Geyer Cup, an initiative which assists disadvantaged young people with their education.

 

UB 4           Proposed Badgerys Creek Airport      

Councillor Greg Davies requested that a report be presented to Council to allow discussion regarding Council’s view on the proposed airport at Badgerys Creek.

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

 

110  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that a report be presented to Council to allow discussion regarding Council’s view on the proposed airport at Badgerys Creek.

 

RR 4           Further Development Potential of Penrith   

Councillor Greg Davies requested a report to the Policy Review Committee regarding the cost of establishing a model project for the future development of Penrith, particularly focussing on that section bounded by Station, Henry and Jane Streets, Penrith, including the existing TAFE and surrounding blocks of land.

 

RR 5           Skate Park - St Marys/North St Marys 

Councillor Greg Davies requested a memo reply to all Councillors advising of a suitable location and cost of providing another skate park to service the youth of St Marys and North St Marys.

 

RR 6           Accommodation of Meetings      

Councillor Marcus Cornish requested a memo reply to all Councillors advising on the possibility of moving Councillor Briefings back to the Passadena Room, and Policy Review Committee Meetings being held in the Council Chambers.

 

 

Committee of the Whole

 

111 RESOLVED on the MOTION of Councillor Greg Davies  seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:16pm.

 

Councillor Michelle Tormey left the meeting at 9:16pm and did not return.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Commercial Matter - Council Property - Leasing of Suite 109 at Community Connections, 114-116 Henry Street Penrith to Lifeline Macarthur                                                      

 

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

 

3        Commercial Matter - Council Property - Lease of Shop 1 at Gaymark Place to Amanda Perreau & Matthew Vella on a 3 year term                                                                     

 

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

 

4        Commercial Matter - Closure and Sale of Part of Strathdon Road, Emu Heights    

 

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

 

5        Commercial Matter - Permanent Closure and Sale of Maurice Lane, St Clair           

 

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

 

The meeting resumed at 9:24pm and the General Manager reported that the Committee of the Whole met at 9:16pm on 27 April, 2015, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies  and Councillors Jim Aitken OAM, Bernard Bratusa,  Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Jackie Greenow OAM, Karen McKeown and John Thain

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Council Property - Leasing of Suite 109 at Community Connections, 114-116 Henry Street Penrith to Lifeline Macarthur                                                      

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

CW2 That:

1.    The information contained in the report on Commercial Matter - Council Property - Leasing of Suite 109 at Community Connections, 114-116 Henry Street Penrith to Lifeline Macarthur be received.

2.    Council grant Lifeline Macarthur a 3 year Licence Agreement over Suite 109 at Community Connections being 114-116 Henry Street, Penrith in accordance with the terms and conditions set out in the report.

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

 

3        Commercial Matter - Council Property - Lease of Shop 1 at Gaymark Place to Amanda Perreau & Matthew Vella on a 3 year term                                                                     

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

CW3 That:

1.    The information contained in the report on Commercial Matter - Council Property - Lease of Shop 1 at Gaymark Place to Amanda Perreau & Matthew Vella on a 3 year term be received.

2.    Council grant a 3 year lease to Amanda Perreau & Matthew Vella in accordance with the terms and conditions set out in the report.

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

 

4        Commercial Matter - Closure and Sale of Part of Strathdon Road, Emu Heights    

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

CW4 That:

1.    The information contained in the report on Commercial Matter - Closure and Sale of Part of Strathdon Road, Emu Heights be received.

2.    The Common Seal of Penrith City Council be affixed to all necessary plans and documentation to effect registration of the survey plan with Land & Property information and the issue of title to the subject land in the name of Penrith City Council.

3.    Upon closure of the subject part of Strathdon Road, the land be classified as Operational land.

 

4.    Upon issue of title to the land to Council, the land then be sold to Mr Marcus McLeish for the amount referred to within this report.

5.    The Common Seal of Penrith City Council be affixed to all necessary sale and transfer documentation.

 

5        Commercial Matter - Permanent Closure and Sale of Maurice Lane, St Clair           

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

CW5 That:

1.    The information contained in the report on Commercial Matter - Permanent Closure and Sale of Maurice Lane, St Clair be received.

2.    Upon permanent closure of the laneway Council sell the land to the interested adjoining owners at the reported price.

3.    The Common Seal of Penrith City Council be placed on all necessary documentation to effect closure of Maurice Lane.

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

 

 

ADOPTION OF Committee of the Whole

 

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

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:26pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                 

   


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 8 April 2015   1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 4 May 2015     6

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015                                                                                                                                           12

 

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 8 April, 2015

 

 

 

PRESENT

Councillor Jackie Greenow OAM (Chair), Denise Heath, Carole Grayson, Farah Madon, Emma Husar, Michael Morris (arrived 6.18pm).

 

IN ATTENDANCE

 

Marnie Mitchell – Human Resources Coordinator, Graham Howe – Building Projects Coordinator, Colin Wood – Building Compliance Coordinator, Ben Felten – Disability Access Officer, Joe Ibbitson – Community Programs Coordinator, Erich Weller – Community and Cultural Development Manager, Belinda Borg – Senior Environmental Planner, Gavin Cherry – Principal Planner, Aimee Lee – Senior Environmental Planner.

 

APOLOGIES

Apologies were accepted from Councillor Tricia Hitchen, Councillor Marcus Cornish, Councillor Michelle Tormey, David Currie, Hans Meijer, Councillor Prue Car MP.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 February 2015

The minutes of the Access Committee Meeting of 11 February 2015 were confirmed.

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a Pecuniary Conflict of Interest in Item 1 DA15/0217 Demolition and Construction of Recreational Amenity Facilities at Cranebrook as she is the Access Consultant for the project.  Farah Madon stated that she would not participate in any debate of these matters and she would leave the meeting during consideration of this item.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

3        EEO Management Plan 2015-2017                                                                                  

 

Marnie Mitchell presented information regarding the outcomes and achievements of Council’s EEO Management Plan 2011-2014 and the proposed EEO Management Plan 2015-2017.

 

Marnie Mitchell highlighted data regarding people with disability working within Council. An organisation wide survey will be conducted as part of the implementation of the EEO Management Plan 2015-2017 which will provide up to date information on Council’s employees, their cultural background, and the number that have a disability.

 

Marnie Mitchell advised there has been mixed success with retaining people with a disability in the traineeship program.  There are two designated traineeships offered each year for people with a disability but it has been difficult to find a pool of suitable applicants.

 

Marnie Mitchell advised that an additional outcome has been included in the EEO Management Plan 2015-2017 which is specific to disability:  Item 4.4.3  Build disability awareness across the organisation for managers and recruiters through training and/or workshops.

 

RECOMMENDED

That the information contained in the report on EEO Management Plan 2015-2017 be received.

 

Marnie Mitchell left the meeting at 5.36pm.

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to the Access Committee                                   

DA15/016            Proposed Construction of a Child Care Centre, Restoration Works and use of Thornton Hall as an Out of School Hours Child Care Centre and Evening Adult Education Centre                                                                                 

 

Aimee Lee presented the development application which is a two stage construction of a child care centre for 159 children on the eastern side of the North Penrith site.  Thornton Hall, which is a local heritage building, is located on the one hectare site.  The proposal comprises restoration of Thornton Hall, use of Thornton Hall as an out of school hours care centre and for adult education classes as well as associated landscaping.

 

Councillor Jackie Greenow OAM advised that this application was presented to the Heritage Committee last week.  The Heritage Committee asked for the development to be placed further back so that Thornton Hall has more prominence on the site. 

 

Issues discussed by the Committee included:

 

·    Location and accessibility of the main entries

·    The levels on the site and lack of levels on the plans

·    The need to assess the heritage component very sensitively

·    Accessible pathway works

·    Accessible toilet to the office area

·    Access to Thornton Hall

·    Accessible facility in Thornton Hall

·    Access to all outdoor play areas and levels.

 

Farah Madon left the meeting at 6.02pm.

 

Aimee Lee left the meeting at 6.03pm.

 

DA15/0217          Demolition and Construction of Recreational Amenity Facilities

 

Belinda Borg presented the development application for demolition of an existing amenities building and construction of a new recreation amenities building in Cranebrook.  The proposal provides for provision of an accessible bathroom and accessible pathways as well as large entrance doorways to the change rooms, canteen and store area.

 

Two ramp access points will be provided.  The layout of the carpark is proposed to be amended.  A new ambulance point will be provided to the north.

 

Issues discussed by the Committee included:

 

·    Installation of an adult change table or space for provision of one

·    Access to the grounds and fields by a step ramp or mounding of the earth.

 

Emma Husar left the meeting at 6.16pm and returned at 6.17pm.

 

Ben Felten advised that DAIP funds could be allocated towards this type of project.

 

Michael Morris arrived at the meeting at 6.18pm.

 

It was suggested to follow up with Council officers regarding stage two of the DCP review process with a view to investigating and considering including adult change tables in a range of facilities and amenity buildings.

 

RECOMMENDED

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

 

Belinda Borg and Gavin Cherry left the meeting at 6.20pm.

 

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

 

2        NSW Disability Inclusion Plan                                                                                         

Joe Ibbitson spoke to the NSW Disability Inclusion Plan report and distributed copies of the NSW Disability Inclusion Plan and Fact Sheet.

 

The Disability Inclusion Regulation 2014 supports the implementation of the Disability Inclusion Act 2014.  The Regulation requires public entities to prepare Disability Inclusion Action Plans (DIAP).  Local government is not required to prepare a DIAP until 2017.

 

Joe Ibbitson advised he has been involved in a Disability Inclusion Action Planning Guidelines workshop.  Local Government NSW is preparing a set of guidelines for local government.  Guidelines need to be flexible to accommodate different council circumstances.  Joe Ibbitson will be attending the first steering group to look at this project with the guidelines planned to be completed by September 2015.

 

Erich Weller advised that when further information regarding the NSW Disability Inclusion Plan Local Government Guidelines become available it will be reported to the Access Committee.

 

Councillor Jackie Greenow OAM requested that Councillors not present at the meeting be provided with a copy of the NSW Disability Inclusion Plan.

 

RECOMMENDED

That the information contained in the report on NSW Disability Inclusion Plan be received.

 


 

GENERAL BUSINESS

 

GB 1          Carparking        

Emma Husar advised that there is not enough parking for the Occasional Care Centre in Reserve Street, Penrith.  Further information will be sought regarding carparking for that facility.

 

Emma Husar suggested that undercover carparking be considered when new development applications are being assessed.  This issue will be raised with planners with the DCP.

 

GB 2          Media Release - Ministers Welcome NDIS for Western Sydney Kids      

 

Ben Felten advised of a media release from Senator the Hon Mitch Fifield on 22 March 2015 regarding the National Disability Insurance Scheme (NDIS) for Western Sydney Kids.  Copies of the press release, announcing the NDIS being fast tracked in Penrith and the Blue Mountains a year ahead of schedule, was distributed to Committee members.  NDIS offices will be opening on 1 July 2015 and personal care plans can be organised for families of children 0-17 years.  The individual packages will be available from 1 September 2015.

 

Ben Felten advised that when further information becomes available an NDIS information report will be provided to the Access Committee.

 

GB 3          Acknowledgement of Experience Gained on the Access Committee

Michael Morris acknowledged the experience he had gained from being a member of the Access Committee.  He sits on a number of committees with Westmead Children’s Hospital and his knowledge of disability access has been most beneficial in considering the design of facilities.

 

Michael Morris said thank you for his experience on the Access Committee and the influence this has had with ongoing modifications for children using the Children’s Hospital at Westmead.

 

GB 4          Environmental Development and Allied Professionals (EDAP) Conference    

Colin Wood advised of the EDAP Conference to be held from 29 April to 1 May and hosted jointly by Penrith Council and Lachlan Shire Council.  He advised that Joe Ibbitson will present a paper on the role of the Access Committee.  Ben Felten and John Farragher will also feature as speakers at the Conference. 

 

GB 5          Broken Hill City Council Access Committee         

Councillor Jackie Greenow OAM advised that the Broken Hill City Council officer who attended Penrith Council’s Access Committee meeting was inspired to start an Access Committee at Broken Hill, which has now been running for six months.

 

GB 6          Construction Works  

Graham Howe advised that the bridge over South Creek has been completed and that funds are available to continue the footpath up to Victoria Park in this financial year.

 


 

 

GB 7          Provision of Carparking for Federal services within the Penrith Local Government Area

Councillor Jackie Greenow OAM drew attention to the carparking and access issues for people attending Centrelink in Penrith.  Emma Husar advised that AEC is also not accessible.  There was further discussion regarding a number of buildings in Penrith and St Marys which do not have accessible carparking.

 

RECOMMENDED

That Council officers, on behalf of the Access Committee, write to Ms Fiona Scott MP,  Federal Member for Lindsay, requesting that our concerns be raised regarding the provision of carparking for Federal services located within the Penrith area.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.14pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 April, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                                    25 May 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 4 May, 2015

 

 

 

PRESENT

Councillor Marcus Cornish, Councillor Tricia Hitchen (Representative for Member for Penrith), Councillor Karen McKeown (Representative for Member for Londonderry), James Suprain – Roads and Maritime Services, Mark Elliott – St Marys LAC, Matt Shirvington – Penrith LAC, Steve Grady – Busways, Nick Veljanovski – Transit Systems, Wayne Mitchell – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, David Drozd (Chair) – Traffic Engineering Coordinator, Bernard Meier – Signs and Linemarking Officer, Steve Purvis – Council Ranger, Catherine Waerner – Road Safety Officer, Daniel Davidson – Senior Traffic Engineer, Graham Green – Senior Traffic Engineer, Caitlin Bailey – Trainee Engineer.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 15 April 2015 to 6 May 2015 inclusive.

APOLOGIES

Councillor Jackie Greenow OAM, Ruth Byrnes – Senior Traffic Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 13 April 2015

The minutes of the Local Traffic Committee Meeting of 13 April 2015 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Penrith City Centre - Proposed Changes to Regulatory Parking Restrictions around Intersections                                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Centre - Proposed Changes to Regulatory Parking Restrictions around Intersections be received.

2.     The proposed changes to regulatory signage listed in Table 1 and Table 2 of the report be implemented.

3.     All restricted on-street parking spaces within the Penrith City Centre be line marked with perpendicular lines identifying individual spaces.

4.     Penrith RSL Club be advised of Council’s resolution.

5.     Busways and Transport for NSW be advised of Council’s resolution.

 

 

 

2        Park Avenue, Kingswood - Proposed Installation of Double-Barrier Centre Linemarking         

RECOMMENDED

That:

1.    The information contained in the report on Park Avenue, Kingswood - Proposed Installation of Double-Barrier Centre Linemarking be received

2.    Consultation be undertaken with affected residents.

3.    Subject to no substantial objections being received, double barrier centre linemarking be installed for a length of approximately 60m at the bend on Park Avenue, Kingswood, as shown in Appendix 1.

4.    The resident who made representations be advised of Council’s resolution.

 

 

3        Parkway Avenue, Glenmore Park - Endorsement of Signage and Linemarking Plans      

RECOMMENDED

That:

1.    The information contained in the report on Parkway Avenue, Glenmore Park - Endorsement of Signage and Linemarking Plans be received.

2.    The signage and linemarking plan prepared by J. Wyndham Prince for Mulgoa Rise Precinct D Stage 2, associated with DA10/1012 (Plan No. 8983/CC538-G, dated 26 October 2012) be endorsed for construction (as shown in Appendix 1).

3.    All associated signage and linemarking is to be installed in accordance with Australian Standards.

4.    J. Wyndham Prince be advised of Council’s resolution.

5.    All costs associated with the installation of the signage and line marking (included wheel stops and bollards) shall be funded by the applicant.

 

 

4        The Lakes Drive, Glenmore Park - Installation of 'No Stopping' zones at Caroline Chisholm College driveways to improve bus access                                                                     

LTC Comment

Following discussions with Busways representative, Appendices 1 & 2 have been amended to adjust 4m “No Stopping” to 2m “No Stopping” from the driveways.

RECOMMENDED

That:

1.   The information contained in the report on The Lakes Drive, Glenmore Park be received.

 

2.    “No Stopping” zones be installed across the two driveways on The Lakes Drive, Glenmore Park, west of Talara Avenue, at the entrance to and exit from Caroline Chisholm College as shown on Appendices 1 and 2, with an amendment to 2m from 4m, for the departure to the driveway entrance, and the approach to the driveway exit.

3.    Caroline Chisholm College be requested to widen the exit driveway to facilitate bus movements.

4.    Council advise Busways and Caroline Chisholm College of Council’s resolution.

 

 

5        Evan Street, Penrith - Removal of "No Parking", Conditional "No Parking" and Timed Parking Restrictions, and replacement with "No Stopping" Restrictions                               

RECOMMENDED

That:

1.    The information contained in the report on Evan Street, Penrith - Removal of "No Parking", Conditional "No Parking" and Timed Parking Restrictions, and replacement with "No Stopping" Restrictions be received.

2.    Consultation be undertaken with affected properties, including properties on the eastern side of Evan Street.

3.    Subject to no substantial objections being received, the conditional “No Parking” and timed parking (1P) restrictions on the western side of Evan Street, between High and Henry Streets, Penrith be removed and replaced with “No Stopping” restrictions.

4.    The “No Parking” restrictions on the western side of Evan Street, on approach to the intersection of Evan and Henry Streets, Penrith be removed and replaced with “No Stopping” restrictions.

 

5.    The Hon Stuart Ayres MP Member for Penrith, Councillors Crameri OAM and Hitchen, and others who have most recently written regarding this matter be advised of Council’s resolution.

 

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

 

 

6        Tasman Street and Eton Road, Cambridge Park - Proposed Double Barrier Centre Linemarking                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Tasman Street and Eton Road, Cambridge Park - Proposed Double Barrier Centre Linemarking be received

2.    Double barrier centre linemarking be provided at the intersection of Tasman Street and Eton Road, Cambridge Park as shown on Appendix 1.

3.    The resident who reported the matter and the residents adjacent to the intersection of Tasman Street and Eton Road, Cambridge Park be advised of Council’s resolution.

 

 

 

 

7        Desborough Road, Colyton - Relocation of No Stopping Sign                                   

RECOMMENDED

That:

1.    The information contained in the report on Desborough Road, Colyton - Relocation of No Stopping Sign be received.

2.    The “No Stopping” zone at the eastbound approach to the pedestrian crossing in Desborough Road, Colyton be relocated to 20m prior to the pedestrian crossing as shown on Appendix 1.

3.    The resident who reported the matter be advised of Council’s resolution.

 

 

 

GENERAL BUSINESS

 

GB 1          Werrington Arterial Road, Claremont Meadows – Traffic       Management Plan (raised Council)

Council’s Traffic Engineering Section tabled the proposed Werrington Arterial Road (Gipps Street, Kent Road to M4 Western Motorway) Construction Traffic Management Plans for a  proposed lane closure of the Kent Road Bridge over the M4 Western Motorway and outlined the construction traffic management strategy proposed by Burton Contractors on behalf of the Roads and Maritime Services. The strategy includes provision of temporary traffic signal controls at each approach to the Kent Road Bridge over the M4 Western Motorway during this construction stage; resulting in the reduction to one travel lane only for a period of approximately 6 months from June 2015).

 

RECOMMENDED

That:

1.    Council provide its concurrence to Werrington Arterial Road (Gipps Street, Kent Road to M4 Western Motorway ) Traffic Management Plan dated 29 April 2015 for proposed single lane closure of the Kent Road Bridge  over the M4 Western Motorway.

 

2.    All affected property owners, residents, businesses operators and local schools and Busways be notified of construction periods and traffic arrangements prior to commencing.

 

3.    The Traffic Management Plan and related Traffic Control Plans be submitted to the State Emergency Services, NSW Police, Ambulance Service and  NSW Fire Brigade for comment prior to commencing.

 

GB 2          Intersection of Andromeda Drive and The Northern Road,    Cranebrook       

Councillor Marcus Cornish  made representations on behalf of Councillor Kevin Crameri OAM, regarding reports of a recent accident and requested that the signage at the intersection of Andromeda Drive and The Northern Road, Cranebrook be reviewed. The Councillor was advised that Council is soon to commence construction work for a new median island at this intersection.

RECOMMENDED

That:

1.    Council note the information.

 

2.    The traffic management arrangements at this intersection be monitored post the recently approved changes.

 

GB 3          Footpath widening near schools and main roads

Councillor Marcus Cornish requested that Council review the width of footpaths generally, and particularly near schools as there is always dirt and dust. Councillor Marcus Cornish requested that this be conducted when the footpath renewal comes up within the construction program. He also requested footpath widening near main roads.

RECOMMENDED

That the matter be referred to the City Works Manager for review and appropriate changes if required.

 

 

GB 4          M4 Bridge Resurfacing      

Councillor Marcus Cornish requested that the M4 bridge over the Nepean River be resurfaced as it is rough, and further that the Roads and Maritime Services be requested to review the condition of the pavement west of Russell Street through to Lapstone.

RECOMMENDED

That the matter be referred to the Roads and Maritime Services.

 

GB 5          Footpath Specification

The representative for Penrith LAC asked why there is a small space between the shared use paths and the kerb and gutter along the State roads. The chair mentioned that this was done in accordance with Roads and Maritime Services standards to address to safety reasons and it allows a minor buffer between vehicles and pedestrians/cyclists.

RECOMMENDED

That the information be noted.

 

GB 6          Intersection of Glenmore Ridge Drive and Sandstone Avenue,       Glenmore Ridge         

The representative for Penrith LAC raised concerns about the intersection of Glenmore Ridge Drive and Sandstone Avenue, Glenmore Ridge. The Penrith LAC representative said that vehicles travelling east are cutting the corners.  Council’s Traffic Engineering Coordinator advised that a design for islands has been undertaken and it is on Council’s prioritisation list.

RECOMMENDED

That Council note the information.

 

 

 

 

GB 7          Tree Trimming Requests   

The Busways representative thanked Council for its cooperation with their requests for tree trimming.

RECOMMENDED

That Council’s Parks Department note the information.

 

GB 8          The Northern Road and Kings Hill Road, Orchard Hills - Upgrade

Councillor Karen McKeown asked about the intersection upgrade of The Northern Road and Kings Hill Road, Orchard Hills. It was discussed that this upgrade will be part of the upgrade of The Northern Road, south of the M4, by the Roads and Maritime Services under the Western Sydney Infrastructure Program.

RECOMMENDED

That Council note the information.

 

 

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 May, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                                    25 May 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 11 May, 2015

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car MP, Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen (arrived 7:12pm), Karen McKeown, John Thain and Michelle Tormey.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 20 April 2015

The minutes of the Policy Review Committee Meeting of 20 April 2015 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

ADDRESSING THE MEETING

 

Joanne Crosthwaite

 

Item 2 –  Western Sydney Airport - Badgerys Creek

 

Ms Crosthwaite, President of No Badgerys Creek Airport Inc, spoke in opposition to the siting of the airport at Badgerys Creek.  Ms Crosthwaite stated that she does not represent a political party but was concerned that Council’s report now appears to support the siting of the airport at Badgerys Creek, and in particular that the report may suggest that noise will not be an issue of concern. Ms Crosthwaite also stated that she believed the community had not been sufficiently consulted and therefore does not understand the issues associated with locating an airport in the proposed area. 

 

An extension of time was granted to enable the speaker to complete her address, the time being 7:10pm.

 

Councillor Tricia Hitchen arrived at the meeting, the time being 7:12pm.

 

Ms Crosthwaite concluded by stating that there are other opportunities for growth for the site rather than an airport and suggested that an infrastructure investment such as high speed rail should be investigated.

 

 

 

 

 

Peter Anderson AM

 

Item 1 –  Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street)

 

Mr Anderson AM, an affected person, spoke in support of the recommendation. Mr Anderson AM stated that he believes there is no need for further industrial land in the Penrith Area and that the site should not be developed due to traffic challenges already being experienced in the area with the location of several service stations, fast food outlets etc servicing already established industrial sites.  Mr Anderson AM also stated that local residents he has spoken with have expressed their concerns in this regard.

 

An extension of time was granted to enable the speaker to complete his address, the time being 7:20pm.

 

Mr Anderson AM concluded by stating that he would be happy to discuss any solutions with Council.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

2        Western Sydney Airport - Badgerys Creek

Assistant General Manager, Craig Butler, introduced the report and gave a brief presentation. 

RECOMMENDED

That:

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

2.     Council support the Federal Government’s decision to build an airport on the Government owned land at Badgerys Creek and seek that the forthcoming EIS for the Badgerys Creek Airport demonstrates that specific design and operational management protocols will be applied to minimise noise impacts.

3.     Council proactively engage with both Federal and State Governments to ensure the airport and associated infrastructure is delivered in a timely and deliberative manner to bring maximum benefits and uplift to Penrith and Western Sydney.

4.     Council undertake the potential actions/advocacy identified in the report.

5.     Council write to the Hon Warren Truss MP, Minister for Infrastructure and Regional Development, Mr Russell Matheson MP, Member for Macarthur, Ms Fiona Scott MP, Member for Lindsay and the Department of Infrastructure and Regional Development advising of Council’s position on the proposed airport.

6.     Council work proactively with Liverpool City Council and the relevant State and Federal Government Departments on the advance planning for the Airport and unlocking the economic potential of the Broader Western Sydney Employment Area and the South West Growth Centre.

 

7.     Council participate in the proposal for councils to pool their resources and engage consultants in readiness for the release of the EIS, subject to an upper limit of $60,000.

 

An AMENDMENT was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

 

That:

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

2.    Council undertake the potential actions/advocacy identified in this report.

3.    Council participate in the proposal for councils to pool their resources and engage consultants in readiness for the release of the EIS, subject to an upper limit of $60,000.

 

The AMENDMENT was PUT.

 

For

Against

 

Councillor Kevin Crameri OAM      

Councillor Prue Car MP

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

Councillor Maurice Girotto    

Councillor Karen McKeown

 

Councillor Jackie Greenow OAM

 

Councillor Jim Aitken OAM                     

                            

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

The AMENDMENT was LOST.

The MOTION was PUT.

For

Against

 

Councillor Prue Car MP

Councillor Michelle Tormey

Councillor Greg Davies

Councillor Maurice Girotto              

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

Councillor Marcus Cornish

Councillor Jackie Greenow OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

The MOTION was CARRIED.

 

 

1        Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street)

Executive Officer, Glenn McCarthy introduced the report and invited Shaun Lawer from GHD to give a presentation.

Councillors Marcus Cornish and Michelle Tormey left the meeting, the time being 8:00pm.

Councillors Marcus Cornish and Michelle Tormey returned to the meeting, the time being 8:01pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:05pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:10pm.

RECOMMENDED

That:

1.    The information contained in this report and the report of Shaun Lawer, Senior Planner, on Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street) be received.

2.    Council request the Minister for Planning to determine that the matter not proceed on the basis that the provisions of the Planning Proposal are inconsistent with Section 117 Direction 4.3 and that the inconsistency is not considered to be of minor significance.

An AMENDMENT was moved by Councillor John Thain seconded Councillor Greg Davies

That:

1.   The information contained in this report and the report of Shaun Lawer, Senior Planner, on Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street) be received.

 

2.   Council request the Minister for Planning to determine the matter.

 

The AMENDMENT 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 Marcus Cornish    

Councillor Jackie Greenow OAM

Councillor Ben Goldfinch

Councillor Michelle Tormey

Councillor Mark Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Bernard Bratusa   

Councillor Greg Davies

Councillor Karen McKeown

Councillor Prue Car MP

Councillor Tricia Hitchen                          

                            

Councillor Jim Aitken OAM

 

Councillor Maurice Girotto    

 

Councillor Ross Fowler OAM

 

The AMENDMENT was LOST.

 

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 Jackie Greenow OAM  

Councillor Marcus Cornish

Councillor Michelle Tormey  

Councillor Ben Goldfinch

Councillor Kevin Crameri OAM

Councillor Mark Davies

Councillor Bernard Bratusa   

Councillor John Thain

Councillor Karen McKeown

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Prue Car MP

Councillor Jim Aitken OAM

                                                        

Councillor Maurice Girotto                       

 

Councillor Ross Fowler OAM

 

 

The MOTION was CARRIED.

 

 

 

Councillor Kevin Crameri OAM left the meeting at 8:30pm and did not return.

Councillor Marcus Cornish left the meeting at 8:30pm and did not return.

 

 

Outcome 7 - We have confidence in our Council

 

3        Council's Fit for the Future submission

Assistant General Manager/CFO, Barry Husking introduced the report and provided a brief overview.

Councillor Jim Aitken OAM left the meeting, the time being 8:33pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:34pm.

         

RECOMMENDED

That:

1.    The information contained in the report on Council's Fit for the Future submission be received.

2.    Council endorses the principles of Penrith City Council’s Fit for the Future submission.

3.    Council Officers review the IPART Fit for the Future assessment methodology and provide comment to IPART as discussed in this report.

 

 

 

 

URGENT BUSINESS

 

UB 1           Request for Leave of Absence    

Councillor Mark Davies requested Leave of Absence from 15 May 2015 to 26 May 2015 inclusive.

 

RECOMMENDED 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.

 

 

RECOMMENDED that Leave of Absence be granted to Councillor Mark Davies from 15 May 2015 to 26 May 2015 inclusive.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:35pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 May, 2015 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

Outcome 2 - We plan for our future growth

 

1        Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff                                                                                                                                1

 

2        Penrith City Centre Civic Improvement s94 Plan - Minor Amendment

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 4

 

3        Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs Applicant: Maryland Development Company Pty Ltd;  Owner: ~Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 8

 

4        Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia Applicant: Tony Fragar Design Pty Ltd;  Owner: ~B.N. Fowler Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               34

 

 

Outcome 3 - We can get around the City

 

5        2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths                                                                                            44

 

6        2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding                                                                                                                                           46

 

 

Outcome 4 - We have safe, vibrant places

 

7        Werrington Community Cottage                                                                                      52

 

8        Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park                                          57

 

 

Outcome 5 - We care about our environment

 

9        Penrith CBD Detailed Overland Flow Flood Study                                                          64

 

10      Drainage Issues at Littlefields Road, Mulgoa                                                                   71

 

11      Fire and Rescue NSW Fire Safety Report                                                                      75

 

 

 

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

 

12      Draft Keeping of Animals Local Orders Policy                                                                80

 

13      Update on the Fire at Severn Street, St Marys                                                                82

 

 

Outcome 7 - We have confidence in our Council

 

14      Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases                                                                                                            88

 

15      Proposed Permanent Closure of Part Ninth Avenue, Llandilo                                         91

 

16      Amendment to the Council's 2015 Meeting Calendar                                                     95

 

17      Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services                                                                                                                                           98

 

18      Organisational Performance Report - March 2015                                                       102

 

19      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16                                                                                                                                         109

 

20      Australian Local Government Women's Association (ALGWA) NSW Conference 2015 112

 

21      Summary of Investments and Banking for the period 1 April 2015 to 30 April 2015    116

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

1        Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff                                                                                                                                1

 

2        Penrith City Centre Civic Improvement s94 Plan - Minor Amendment

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 4

 

3        Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs Applicant: Maryland Development Company Pty Ltd;  Owner: ~Penrith City Council

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                                 8

 

4        Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia Applicant: Tony Fragar Design Pty Ltd;  Owner: ~B.N. Fowler Pty Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               34

 

 

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

1

Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff   

 

Compiled by:               Julie Condon, Development Enquiry Coordinator

Authorised by:            Paul Lemm, Development and Environmental Health Manager 

Requested By:            Councillor Maurice Girotto

 

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

      

 

Executive Summary

There has been a recent trend in the fitness industry for the establishment of gymnasiums open to the public 24 hours a day, seven days a week. This had led to some concerns being raised regarding the safety of patrons when using the facility out of supervised hours.

 

There is at present no statutory regulation of the fitness industry. Regulation exists only in voluntary membership to Fitness Australia and its “Fitness Industry Code of Practice”.

 

It is not considered within the scope of the statutory planning framework to include conditions of approval on consents for these development types which require an individual business to undertake membership of a professional association to which the membership is voluntary.

 

It is recommended that Council make written representations to the Department of Fair Trading and Fitness Australia seeking a review of regulation of the fitness industry and in particular the operation of 24 Hour Gyms.

Background

Recent years have seen a trend in the fitness industry for the establishment of gymnasiums open to the public 24 hours a day, seven days a week.

 

Issues which have resulted from this trend include concern for the safety of patrons accessing these premises out of hours and the lack of supervision in the centres out of hours which may lead to the potential of a patron being injured or dying in the event of a medical emergency.

 

Establishment of these gyms require development consent and an investigation of the role of Council in regulating their operations through the issue of an approval for the use of the premises for that purpose.

 

Regulation of Fitness Industry

There is at present no statutory regulation of the fitness industry. A “Fitness Industry Code of Practice” has been developed in partnership by the NSW Office of Fair Trading, NSW Sport and Recreation and Fitness Australia.

 

Fitness Centres that are members of Fitness Australia must adhere to the Code, however, membership is voluntary, and there is no legal requirement for a fitness centre to become a member or comply with the Code.

 

The Code applies to all member fitness centres, personal trainers and allied service providers such as massage therapists, yoga teachers etc. The Code sets standards for consumer protection regarding financial and physical safety of patrons of service providers.

 

In Part II Suppliers Obligations, the Code requires that a supplier must ensure that;

·    Any employee who provides a fitness service is a registered fitness professional, and

·    A registered fitness professional is available at all times when a fitness centre is open for business.

 

For a fitness supplier to avoid complying with the above requirements they need only to not sign up for membership with Fitness Australia. As such it is a practice of some 24 Hour Gyms not to become members of Fitness Australia.

 

In the event that there is a complaint regarding a fitness business that is not a member of Fitness Australia the complaint is made to NSW Fair Trading.

 

Approval of  24 Hour Gyms in Penrith

Since January 2014, Council has issued 2 development consents for 24 Hour Gyms.

 

Assessments of applications for this type of development consider the safety and well-being of the community and the patrons as a part of the normal assessment process. Conditions of consent are applied within the framework of the Environmental Planning and Assessment Act and 1979 and Regulation 2000. These may include physical aspects of the development such as an access control system to the building, installation of panic buttons, and lighting of the buildings entrance, pathways and car parking as well as installation of remote access CCTV cameras to monitor activity inside and outside the gymnasium.

 

It is not within the scope of the legislation to apply consent conditions which require that the premises have staff in attendance at all times or that an individual business seek membership with a professional association.  

 

Applying such conditions to development approval would leave the consent open to an appeal by the applicant and/or result in the need for compliance action if the conditions were not complied with.

 

Conclusion

It is recommended that Council make written representations to the Department of Fair Trading and Fitness Australia seeking a review of regulation of the fitness industry and in particular the operation of 24 Hour Gyms.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff be received.

2.    Council make written representations to the Department of Fair Trading and Fitness Australia seeking a review of regulation of the fitness industry and in particular the operation of 24 Hour Gyms.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

2

Penrith City Centre Civic Improvement s94 Plan - Minor Amendment   

 

Compiled by:               Anthony Milanoli, Senior Environmental Planner

Authorised by:            Paul Grimson, 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

     

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

 

Executive Summary

Parking infrastructure is an essential component of an efficient and attractive city centre. A key mechanism for achieving delivery of this infrastructure in Penrith city centre is the payment of development contributions under the Civic Improvement Plan (CIP). Commencement of the new Penrith City LEP and DCP 2014 has necessitated a minor amendment of the CIP to ensure we can continue to levy contributions to meet the parking needs of new development in the city centre. This report will examine why amendment of the CIP is required, describe the process to amend the Plan and recommend Council authorise the amendment.

Background

The Penrith city centre Civic Improvement Plan (CIP) was adopted by Council at the Direction of the Minister for Planning on 1 December 2008. The CIP is a development contributions plan (also known as a s94 Plan), intended to fund delivery of essential new local infrastructure for the city centre. The CIP accompanied  a local environmental plan (LEP) and development control plan (DCP), all of which were prepared by the Department of Planning in consultation with Council. Together, these planning documents guide and assist in financing redevelopment of Penrith’s regional city centre.

 

Local infrastructure identified in, and funded through, the CIP included car parking, city squares, traffic management facilities and parks.

 

Currently, car parking contributions paid under the CIP are determined by:

·    calculating the gap between the parking required by the city centre LEP and the parking proposed by the applicant on-site; and

·    multiplying the number of deficient spaces by the CIP’s contribution rate for each deficient space.

 

Impact of the new City-wide LEP and DCP 2014 on the Civic Improvement Plan

The new, consolidated City-wide LEP 2010 absorbed the Penrith city-centre LEP and under the State Government’s new Plan making template, car parking standards were required to be embedded into the City-wide DCP 2014. The consequence of this change is that the CIP’s references to LEP car parking requirements are now outdated and the CIP requires amendment to ensure it accurately describes the source of the parking standards if it is to remain legally enforceable.

 

It is also worth noting that in concluding DCP 2014, Council resolved to amend car parking standards to ensure they:

·    reflected contemporary parking needs,

·    were consistent with comparable regional cities (i.e. Parramatta and Liverpool); and

·    maintained the competitiveness of Penrith city centre as a location for new development.

 

Request for Ministerial amendment of the CIP s94 Plan

In September 2014 Council wrote to the Department of Planning and Environment requesting that the Minister amend the CIP s94 Plan to refer to car parking standards contained in the new City-wide DCP 2014. This request reflected the fact that:

 

·    the Minister had directed Council to make the CIP in 2008;

·    the s94 Plan is protected from legal challenge when the Minister makes or Directs a Council to make a s94 Plan; and

·    it is the State Government’s LEP Plan-making template (which mandated that car parking standards be transferred from the LEP to the DCP),  that has necessitated amendment of the CIP.

 

On 20 March 2015 the Department advised that the Environmental Planning and Assessment Act does not prevent Council from making the amended Plan and it does not appear necessary for the Minister to make the new Plan. The Department’s letter thereby suggests that Council, not the Minister, should amend the CIP.

 

Part of the process of making a new s94 Plan (under Planning Circular PS10-022) involves Council obtaining Departmental approval before exhibiting any new or amended s94 Plan. The Department’s letter of 20 March 2015, however, confirmed that Council will not be required to seek the Department’s approval prior to public exhibition of the draft Plan.

 

Scope of the proposed CIP amendment

The proposed amendment to the CIP is very minor, merely involving replacing references on page 36 to “LEP car parking requirements” with “DCP 2014 car parking requirements”. This amendment will be accompanied by a note that “references to DCP 2014 parking rates include reference to any succeeding car parking standards”. This note will ensure no similar amendments to the CIP will be required if the location of parking standards is varied in the future. A copy of the proposed amendment to the CIP is shown at the Attachment to this report.

 

Alternatives to amending the CIP s94 Plan and the implications    

If Council does not amend the CIP, it would continue to operate in its current form, however it would provide no numeric standard by which to measure car parking contributions for individual developments, as the CIP currently refers to parking rates contained in the now rescinded city centre LEP, rather than DCP 2014, where current parking rates are now specified.

 

As the CIP was made by Council at the Direction of the Minister, the Plan in its current form cannot be challenged in the Land and Environment Court, however for major development proposals, which might be assessed by the Joint Regional Planning Panel, the Panel may find implementing the CIP in its current form difficult. If Council did resolve to amend the CIP’s parking standard references it is considered that only the amended parking contribution provisions may be subject to legal challenge.

 

In light of the above, amending the CIP to refer to the parking standards described in DCP 2014 is considered prudent.

 

Next Steps

If Council resolves to publicly exhibit the amended CIP s94 Plan, the next steps in the process would involve:

·    placing a notice in the local newspaper advising the community of the exhibition;

·    exhibiting the amended CIP for 28 days;

·    reporting the results of the exhibition to Council for final consideration; and

·    displaying a notice  in the local newspaper advising the community of the resolution.

 

Conclusion

Although the amendment to the CIP described in this report is very minor, it is necessary to ensure we can continue to fund new local parking infrastructure in the city centre and provide developers with flexible parking delivery options, thereby enhancing a new project’s viability and encouraging growth. In light of the above, this report recommends amendment of the CIP.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith City Centre Civic Improvement s94 Plan - Minor Amendment be received

2.    The Penrith city centre Civic Improvement Plan (CIP) be amended in accordance with the Attachment to this report.

3.    The amended CIP be publicly exhibited for at least 28 days, in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations.

4.    After conclusion of the exhibition period a further report be presented to Council outlining the results of the exhibition and the process for bringing the amended CIP into effect.

 

 

ATTACHMENTS/APPENDICES

1.  

Penrith City Centre Civic Improvement Plan (CIP) Amendment for car parking contributions (p36)

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2015

Appendix 1 - Penrith City Centre Civic Improvement Plan (CIP) Amendment for car parking contributions (p36)

 

PDF Creator


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

3

Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs  Applicant:  Maryland Development Company Pty Ltd;  Owner:  Penrith City Council   

 

Compiled by:               Belinda Borg, Senior Environmental Planner

Authorised by:            Paul Lemm, Development and Environmental Health 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 subdivision of Lot 1125 DP 1158660 creating 215 residential lots, two (2) residue open space lots, four (4) fire access lots, one (1) sewer pump station lot and associated civil works in the Western Precinct of Jordan Springs.  The land is zoned ‘Urban’ under the provisions of the Sydney Regional Environmental Planning Policy No.30 – St Marys (SREP 30).  Subdivision is permitted with consent pursuant to Clause 45 of SREP 30.

 

This application has been referred externally to NSW Rural Fire Service (RFS), NSW Office of Water and Roads and Maritime Services (RMS).  These authorities did not raise any objections to the proposal and issued their General Terms of Approval and/or concurrence. 

 

In accordance with Clause 44 of SREP, National Parks and Wildlife Services have also been consulted and have provided advice and recommendations in relation to the proposed development.

 

Sydney Water was consulted on the matter who raised no objections to the proposal.

 

This application was advertised, exhibited and notified from 22 December 2014 to 8 February 2015.  Council received 321 submissions which included 295 in the form of a proforma letter. Four (4) key issues were raised in these submissions and they include:

 

(a)     The subdivision layout and road alignment within the subdivision will sever the Cumberland Conservation Corridor Road alignment within the subdivision severs wildlife corridor;

(b)     Inappropriate location of the proposal Riparian Corridor;

(c)     Impacts on local endangered wildlife; and

(d)     Notification of the Development Application to previous objectors of development within Jordan Springs.

 

This application is supported by various documents including a Species Impact Statement (SIS).  A review of the SIS in relation to the Cumberland Plain Recovery Plan concluded that the proposed subdivision would not have a significant impact on Cumberland Plain Woodland (CPW) within the development site.  In accordance with the NSW Threatened Species Conservation Act 1995 (TSC Act), Council can form an opinion that this application does not require concurrence from the Director General of the NSW Office of Environment and Heritage.

 

The St Marys Western Precinct Plan provides a Framework Plan which identifies the urban structure for the planning and development of the site. It is important to note that the proposed subdivision is consistent with the Framework Plan within the Western Precinct, in particular the location of the required riparian corridor connecting the Regional Park to Ninth Avenue.

 

In addition to the proposed riparian corridor, the development also includes the provision of a secondary biodiversity corridor within proposed Lot 6000. This is proposed to connect the Regional Park and adjoining land to the north (known as Lot 1 Ninth Avenue Llandilo). This secondary corridor is not a prescribed requirement within the Western Precinct Plan or Development Control Strategy however as the site forms part of the Cumberland Conservation Corridor, it is considered that if a secondary connection could be achieved it would be a good ecological outcome.

 

The Federal Government however released a funding announcement during the course of the assessment which is referred to as the Cumberland Conservation Corridor Commitment. This announcement seeks to implement conservation initiatives within the Cumberland Conservation Corridor. As the subject site is located within this corridor, it is considered appropriate that the proposed works across lots 6000 – 6015 be deferred as a residue allotment. This deferral will then enable further assessment to be undertaken in accordance with the Cumberland Plain Recovery Plan and ensure that a suitable connection can be provided to meet the aims and objectives of the scheme.

 

The application has been assessed with respect to the Threatened Species Conservation Act, 1995 (TSC Act), Environmental Planning and Assessment Act, 1979 (EP&A Act) and the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation).  Having regarding to the relevant statutory provisions, it is recommended that the application be approved, subject to conditions of consent.

 

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. A Regional Park surrounds the Precincts, which has an area of approximately 900ha.

 

The Western Precinct has been subject to various approvals for subdivision, however the subdivision adjoining the proposed development is known as Stage 3C3 which was approved by Council on 26 August 2013 creating 210 residential lots (DA13/0619).

 

A site inspection was held on 30 July 2014 with Councillors, Council staff and representatives from National Parks and Wildlife Service(NPWS) and Lend Lease in attendance.

 

Matters discussed during the site inspection included but were not limited to the following:

 

·        National Parks and Wildlife Services were requested to outline state government priority funding regimes in relation to the creation of a biodiversity corridor and acquisition of such land.

·        National Parks and Wildlife Service stated the location of the riparian corridor (as detailed within the Framework Plan) is the preferred location for such a corridor.

·        National Parks and Wildlife Services confirmed that there were no plans or allocated funding for a biodiversity / conservation corridor (to the eastern end of the ninth avenue site)

·        National Parks and Wildlife Services confirmed that while there may be a desire for this, the land is in fragmented private ownership and could not be acquired by National Parks and Wildlife Services.

·        It was confirmed that the Development Control Strategy requires minimum lot sizes of 1600sqm fronting Ninth Avenue.

·        It was outlined that a conservation corridor which aligns with the existing water course / drainage channel was the preferred location from both National Parks and Wildlife Services and Lend Leases perspectives.

 

The applicant also attended a pre-lodgement meeting on 12 September 2014 for this proposed subdivision.  Issues raised in the pre-lodgement meeting included but were not limited to the interface with the Regional Park, lot layout and road design, presentation of the development to Ninth Avenue, dwelling density and bushfire requirements.  These issues have been addressed and form part of the Statement of Environmental Effects.

 

Site and Surrounds

The proposed subdivision is located in the northern corner of the Western Precinct bounded by Stage 3C3 to the west, Ninth Avenue to the north and Wianamatta Regional Park to the east and west.

 

Lot 1125 has a total area of 23.08 hectares. The site falls about 22m from northwest to the southeast.  There is existing vegetation on the site or within the adjoining Regional Park includes Cumberland Plain Woodland, River Flat Eucalyptus Forest, Freshwater Wetlands, Shale Gravel Transition Forest, Cooks River/Castlereagh Ironbark Forest and Alluvial Woodland.  The site is also identified as bush fire prone land under Council’s Bush Fire Prone Land Map. 

 

A Locality Plan is outlined in Appendix 1.

 

Proposed Development

The proposal seeks approval for the subdivision of Lot 1125 DP 1158660 creating 215 residential lots, two (2) residue open space lots, four (4) fire access lots, one (1) sewer pump station lot and associated civil works in the Western Precinct of Jordan Springs.  This stage of development is referred to as Village 6.

 

The proposed development will include the following works:

 

·        The subdivision of Lot 1125 DP 1158660 to create:

-        215 residential lots being:

         o        Stage 6A: 147 residential lots (proposed Lot 6001 – 6147);

         o        Stage 6B: 68 residential lots (proposed Lots 6153 – 6210 and 6212 – 6221);

-        Three (3) residue open space lots for two (2) future parks and one (1) biodiversity corridor;

-        Four (4) fire access lots (Proposed Lots 6151, 6150, 6152 and 6223); and

-        One (1) sewer pump station lot (Proposed Lot 6211).

 

·        Construction of proposed internal roads, including roadway, pedestrian and cycle ways, road reserve landscaping, services and stormwater drainage;

·        Construction of two interim on-site detention basins;

·        Provision of temporary piping/ channelling connecting the permanent stormwater infrastructure to the temporary detention basins;

·        Construction of a roundabout at the intersection of Ninth Avenue, Third Avenue and proposed Road 7;

·        Bulk Earthworks for the grading of residential lots and roads; and

·        Associated tree removal and landscaping within the proposed lot layout and road network.

 

The proposed plan of subdivision is in Appendix 2.

 

This application is supported by the following reports:

 

Statement of Environmental Effects

JBA Urban Planning Consultants

Traffic Impact Assessment Report

GTA Consultants

Road Safety Audit Report

GTA Consultants

Ninth Avenue Access Statement

GTA Consultants

Bushfire Protection Assessment

Eco Logical Australia Pty Ltd

Species Impact Statement

Cumberland Ecology

Stormwater Management Strategy

J Wyndham Prince

Waste Management Plan

Lend Lease

Aboriginal Heritage Report

Godden Mackay Logan Heritage Consultants

Heritage Letter

Casey and Lowe Pty Ltd

Salinity Report

Geotech Testing Pty Ltd

 

Planning Assessment

 

1.0     Threatened Species

The site is situated on land which contains threatened species communities.  As such, this application is accompanied by a Species Impact Statement (SIS) prepared by Cumberland Ecology dated October 2014.  The SIS was 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.

 

The SIS noted that the site contains a combination of Cumberland Plain Woodland (CPW), Shale Gravel Transition Forest and River Flat Eucalypt Forest with CPW being the dominant vegetation community.  However the landscape has been extensively altered since European settlement.  The proposal will involve clearance of the following vegetation:

 

Type of Vegetation to be removed

Area in hectares

Mature Cumberland Plain Woodland:

6.47ha

Regenerating Cumberland Plain Woodland (mostly saplings and regrowth):

6.72ha

Low Diversity Derived native Grasslands:

6.94ha.

 

The SIS concluded that the extent of the habitat removal would have minimal impact on the Cumberland Plain Snail and threatened bats and birds as sizable numbers are currently centred in the Regional Park.  It is further stated that the removal would have minimal impact within the local context having considered the quality of the CPW occurring on the subject site, and area of CPW to be conserved within the Regional Park which is of much greater size and quality, being one of the largest areas of CPW remaining.

 

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 in deciding whether there is likely to be a significant effect on threatened species, populations or ecological communities, or their habitats.

 

Cumberland Plain Recovery Plan (CPRP)

 

The Cumberland Plain Recovery Plan 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 objectives of the CPRP include:

 

1.       To build a protected area network, comprising public and private lands, focused on the 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

 

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

 

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.

 

While the site is located within the Cumberland Plain Recovery Plan, the subdivision and development of Village 6 does not fall within the Priority Conservation Lands (PCLs) as identified in the Recovery Plan.  The Priority Conservation Lands (PCLs) in the vicinity of the site include the Wianamatta Regional Park and the Deerubbin lands to the north. 

 

The proposed development includes the provision of a riparian corridor (Lot 6149) which is consistent with the Framework Plan within the Western Precinct Plan.

 

The Cumberland Plain Recovery Plan however states that the conservation of areas outside of the Priority Conservation Lands could complement and enhance the Priority Conservation Lands and that buffers, corridors and other links are needed to support these areas. While satisfaction of this requirement is partially achieved by the proposed riparian corridor within the centre of the site, the proposed secondary biodiversity corridor (within Lot 6000) further meets the intent and objectives of corridor preservation. 

 

The Cumberland Plain Recovery Plan also states “A protected areas network can include both public and private land, provided that secure agreements are in place to achieve biodiversity conservation”. Pursuit of a secondary corridor is consistent with the Federal Governments recent funding announcement to preserve significant land with conservation value however the conservation benefits of such a corridor are dependent on width and location. The provision of the secondary corridor has been considered by Council’s Biodiversity Officer and is supported however the nominated width of the corridor (being 60m) is not considered to be sufficient to achieve the desired connectivity intention. This is due to the following:-

 

·    A wider corridor will allow for the impact of edge effects and for safe passage of less tolerant fauna; and

 

·    The proposed corridor in actuality will be narrower than 60m due to Asset Protection Zones (APZ) requirements of the proposed subdivision. The subdivision relies on 20m asset protection zones along the eastern and western boundaries of Lot 6000 which would provide little if any shrub or ground covers, and limited canopy. The resulting unimpeded connection would be 20m in width which is insufficient in achieving key biodiversity and conservation outcomes.

 

As a result of this, proposed lots 6000 to 6015 are considered to be within the scope of land adjoining Priority Conservation Lands and warrant further investigation regarding the appropriateness of a secondary biodiversity connection. To ensure this investigation can continue having specific regard to the funding announcement, it is recommended that the provision of a residue lot which encompass Lots 6000 – 6015 be supported. This approach enables the development of Village 6 to proceed as proposed but also enables discussions to continue to secure a secondary connection to the north with sufficient width and location to achieve the intended biodiversity outcomes.

 

Subject to the recommendation of the report including deferral of Lots 6000 to 6015 to be created as a single residue allotment, the proposal is considered to be consistent with the objectives and actions of the Cumberland Plain Recovery Plan and is supportable.

 

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

 

Section 91 of the EP&A Act outlines the types of developments deemed to be defined as “Integrated Development”.  As this development requires concurrence from the NSW Rural Fire Service, Office of Water and RMS in accordance with this section of the Act, the following comments are provided:

 

(a)     NSW Rural Fires Services (RFS)

 

According to Section 91 of the EP&A Act, the proposed subdivision is an integrated development as it requires authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire safety for the subdivision of land that could lawfully be used for residential or rural residential purposes, or development of land for special fire protection purposes. 

 

RFS issued a Bush Fire Safety Authority on 15 May 2015 raising no objection to the proposal subject to conditions (Refer to Special Condition 2.1).

 

(b)   Office of Water

 

A “Controlled Activity” approval under the Water Management Act 2000 is required from the NSW Office of Water, as the proposed subdivision includes works within 40m of a watercourse. The application was refer to the NSW Office of Water and General Terms of Approval were granted on 16 January 2015 (Refer to Special Condition 2.2).

 

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

 

The following Environmental Planning Instruments are applicable to the assessment of the development application.

 

 

 

State Environmental Planning Policy (Infrastructure) 2007 (SEPP Infrastructure)

 

SEPP Infrastructure provides direction for proposed development to be considered by relevant public authorities for those listed in the schedules and any representation required in respect to the proposed development.

 

According to Schedule 3 of the SEPP, the proposed subdivision creating more than 200 allotments is required to be referred to the Roads and Maritime Services (RMS) as traffic generating development and hence Clause 104 of the SEPP applies.

 

RMS reviewed the proposal and raised no objection in respect to traffic and vehicular access. No conditions were recommended within the referral response.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

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. Accordingly, as the site has been remediated and deemed suitable for development, the proposal is satisfactory with respect to SEPP 55.

 

A Contamination Management Plan (CMP) for the Western Precinct, prepared on the basis of the relevant Site Audit Statement, has been adopted by Council.  A condition is recommended to ensure measures to be undertaken are in accordance with the CMP, should contamination and/or explosive ordinance material be uncovered during the proposed works (Special Condition No. 2.27).

 

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

 

Sydney Regional Environmental Plan No.20 – Hawkesbury/Nepean River (SREP 20) applies to the subject land and requires that the consent authority shall not grant consent unless the development is consistent with any relevant, general and specific aim of SREP 20. The general aims and objectives of the plan are to improve the amenity of the river and protecting the lands within the river valley, including scenic quality.

The following documents are submitted with this application:-

·        Stormwater Drainage Plan

·        Soil and Water Management Plan

·        Interim Stormwater Management Strategy.

Council’s Development Engineer has reviewed the development proposal and the above documents.  Conditions in relation to all aspects of the proposed civil engineering works, including stormwater quality and quantity matters have been recommended.

 

Subject to compliance with the recommended conditions, the development proposal would have minimal impact on the Hawkesbury-Nepean River system and would comply with the general planning considerations set out in Clause 5 of SREP 20 and the relevant specific planning policies and relevant strategies set out in Clause 6.

 

Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30)

SREP 30 provides a framework for the sustainable development and management of the entire St Marys site.  The key aspects of the SREP30 are outlined in the section below:

 

 

 

Permissibility

The subject development site is zoned Urban under the provisions Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30). The proposal can be defined as roads, drains and parks are permitted in the zone pursuant to Clause 40(2) of the plan. The proposed subdivision is permissible only with consent in accordance with Clause 45.

 

Aims of the Plan

The proposed subdivision and associated works has demonstrated the following aims of the SREP can be achieved:

 

·          facilitate urban development

·          promote desirable environmental, social and economic outcomes

·          provide recreation facilities that meet the local needs

·          integrate with surrounding areas.

 

Objectives of the Urban Zone

The proposed subdivision and associated works, subject to the recommendations of the report, has demonstrated that the following zone objectives can be achieved:

 

·        facilitate works that are primarily used for residential purposes

·        minimise negative impacts on biodiversity and conservation within the adjoining Regional Park zone

·        to ensure that development adjacent to the Regional Park zone does not have a negative impact on biodiversity or conservation within that zone.

 

·          Clause 20 - Development consent restrictions

In accordance with Clause 20, this application is assessed against the performance objectives and zone objectives of SREP 30, the Planning Agreement, Western Precinct Plan (WPP) and Development Control Strategy (DCS).  The applicant has demonstrated that the proposal is compliant with the performance objectives as outlined in Part 5 of the SREP as discussed in this report.

 

·          Clause 44 - Consultation with National Parks and Wildlife Service (NPWS)

In accordance with Clause 44(2) of the SREP, this application was referred to NPWS for consideration of the proposed subdivision.

 

Correspondence has been provided which included commentary in relation to the following:

·        The provision of bushfire tracks within Lots 6212 – 6221

·        The maintenance of fire access lots

·        Provision of new park entrance gates adjacent to Lot 6221

·        Recommendation of alternative street tree plantings to include Tristaniopsis laurina

·        Support for the provision of a Biodiversity corridor.

 

Within the subdivision Lots 6212 to 6221 form part of the large allotments which have direct access to Ninth Avenue. The large allotment widths and the limitations on the building width will ensure that fire access to the rear of these properties directly from Ninth Avenue is possible.

 

The comments provided by NPWS regarding bushfire matters were forwarded to the Rural Fire Service for consideration within the referral assessment. There has not been a recommendation that a bushfire track be provided within these properties. However it is considered appropriate that gates be provided within the fencing of Lots 6212 to 6221 to assist in the movement of fire trucks during a bushfire event (Refer to Special Condition 2.5).

 

The remaining matters raised by the NPWS have been addressed through the inclusion of appropriate conditions of consent (Refer to Special Conditions 2.6 and 2.13).

 

·          Clause 51 - Salinity and highly erodible soils

A Salinity Review prepared by Geotech Testing Pty Ltd was submitted with this application.  The review concluded that the moderately saline conditions of the site are typical of the area in general.  The review recommended the following:

·        Implement the salinity, erosion and sediment management strategy located within the Salinity Review prepared by SKM dated 8 March 2010

·        Stabilisation of disturbed surfaces

·        Carry out additional salinity testing

·        Implement the recommendations in the SKM report for the re-use of excavated materials

·        Implement the Building Code of Australia provisions and DIPNR Bulletin “Building in Saline Environment”

·        Submit a salinity report and validation certificate for approval prior to fill importation.

These are recommended to be conditioned accordingly.

 

Clause 52 – Tree Preservation

 

The proposed subdivision would necessitate the removal of a number of existing trees on the site. Discussion on the basis of impact and mitigation in relation to flora and fauna has been discussed previously in this report.

 

Extensive cut and fill is required as a part of the subdivision, however there are significant areas within the site that do not require such works, including within the riparian corridor. The retention of the existing trees within these lots is recommended.

 

Council’s Landscape Architect and Biodiversity Officer have reviewed the provisions of street trees throughout the proposed development site and recommended alternative street tree species that are reflective of the proximity of the site to the Regional Park (Refer to Special  Condition 2.17). 

 

It is considered that the provision of the riparian corridor, vegetation corridor and existing vegetation within the proposed lots that do not require any cut and fill works will preserve areas of existing vegetation within the subdivision layout. In addition extensive tracts of high quality bushland will be conserved within the regional parkland.

 

Clause 60 – Services

 

Consultation with relevant utilities service providers was undertaken in the preparation of the Western Precinct Plan and by the applicant in relation to previous DAs for the subdivision of the Western Precinct for urban land uses. From these consultations, it is concluded that the site is serviceable with water, sewer, electricity and telecommunications, subject to extensions/augmentation of utilities infrastructure as part of the future development of the Western Precinct.

 

Works within the Lot 6211 (sewer pump station) have commenced, with approval being granted by Sydney Water.

 

In terms of electricity, the proposed development involves the creation of the future Integral Energy substation site. The dimensions of the lot have been have been determined in consultation with Integral Energy and will enable a future suitably sized substation facility to be developed.

 

The proposal satisfies the relevant provisions of Sydney Regional Environmental Plan No.30 – St Marys.

 

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

 

St Marys Western Precinct Plan and Development Control Strategy (WPP and DCS)

 

The proposed subdivision has demonstrated compliance with the WPP and DCS in relation to

·          urban structure and major land uses

·          subdivision layout

·          conservation of natural values

·          water cycle and soils

·          sustainability

·          infrastructure and services

·          street types.

 

Section 4.3 Future Character Areas

 

The development proposal extends across three different character areas: the Urban Area/Neighbourhood Character Area, Ninth Avenue Interface and Bushland Edge. The layout of the subdivision and the varying range of lots are considered to be consistent with the character areas detailed within the Development Control Strategy.

 

The application includes the provision of dual occupancy entitlements for the lots within the Ninth Avenue Interface, specifically Lots 6075 – 6076, 6153 – 6163, 6195 – 6197, 6212 – 6221.

 

The implementation of dual occupancy entitlements within these lots effectively reduces the lot size to a minimum of 800m2, which is not considered to be an appropriate urban transition to the adjoining rural residential lots. Recommended conditions have been included deleting the dual occupancy entitlements from the interface lots (Refer to Special Condition 2.7).

 

Based on the various components of the development proposal as discussed in this report, the development proposal is in accordance with the preceding character area visions, subject to the recommended conditions.

 

Section 4.5 Dwelling Density

 

The Western Precinct Plan and accompanying Development Control Strategy originally identified an indicative density target of approximately 130 dwellings within the Village 6 precinct. However Council at its meeting on 9 May 2011 adopted a revised Dwelling Yield Plan which replaces the density targets within the adopted Development Control Strategy.  The dwelling yield for Village 6 now ranges from 150 – 200 dwellings.  The proposed development encompasses the whole of Village 6, which provides a total of 215 residential lots.

 

The proposed subdivision is a marginal increase on the predicted development yield for Village 6. Subject to the recommendation of the Council report, which includes the amalgamation of Lots 6001 – 6015, the marginal increase in the development yield is negligible and is considered satisfactory as a variety of lot sizes and future development outcomes will be delivered throughout the precinct, including the provision of a significant vegetation corridor. 

 

Having regard for Clause 30(6) of SREP 30, which outlines the overall net neighbourhood density target for the St Marys site is to achieve at least 15 dwellings per hectare. The proposed subdivision will have a dwelling density of 11.29 dwellings per hectare which does not meet the requirement of 15 dwellings per hectare however this precinct was always intended to transition from the typical urban subdivision pattern of Jordan Springs to the larger rural residential allotments within Llandilo. Because of this it was intended that this village would have a lower density target than the remainder of the western precinct. It is noted that the cumulative yield of development approved or under assessment is 18.17 dwellings per hectare which exceeds the expected density targets for the Western Precinct.

 

Section 4.7 Access and Movement

 

The Street Hierarchy Plan, Bus Route and Stops Plan and Pedestrian/Cycle Plan submitted with this application has demonstrated compliance with the WPP and DCS and that the following principles can be achieved:

 

·          Provide a hierarchy of roads that connect to the external road network and the adjoining precincts for access, employment and recreation purposes

·          Balance the needs of pedestrians, cyclists, motorist and buses

·          Improves pedestrian connection to Xavier College to promote students walking/ cycling to and from school

·          Reduce car use and promote public transport patronage.

 

The proposed access arrangements, including the limitation of one access point to Ninth Avenue is consistent with the SEPP 30 Structure Plan for vehicle access points.

 

Discussions have been held with Council’s Strategic Planning Department regarding the possible widening of Ninth Avenue.

 

The NSW Department of Planning and Environment has been consulted and advises that the Sydney Region Outline Plan (1968) identified a proposed expressway through the north of Llandilo to Castlereagh. This document has since been superseded by subsequent State government documents and policies including “Sydney into its Third Century” (1988).

 

The Penrith Local Environmental Plan 2010 (LEP 2010) which was made in February this year makes provision for a future major roadway through the north of Llandilo to Castlereagh, where a corridor has been zoned “SP2 – Future Road”. The Penrith LEP 2010 was prepared by Council and included consultation with relevant government agencies including Roads and Maritime Services, Transport for NSW, and Office of Strategic Lands. As a result of those consultations the LEP 2010 zoning map does not make provision for any widening of Ninth Avenue.

 

Transport for NSW’s “Long Term Transport Master Plan” (December 2012) includes the “Castlereagh Freeway”, located through the north of Llandilo to Castlereagh, as a protected future corridor. No detailed planning is indicated in respect to proposed feeder roads to this future freeway.

 

The Sydney Regional Environmental Plan No.30 – St Marys (SREP30) zoning map, which covers the St Marys Release Area and the Wianamatta Regional Park, does not identify Ninth Avenue for road widening. Under SREP 30, the lands within the St Marys Release Area that are adjacent to the southern side of Ninth Avenue are zoned either “Urban” or “Regional Park”. The provisions of the Regional Park zone under Clause 37 of SREP30 include an objective “to conserve and enhance the range and variety of ecological communities, native flora and fauna species and plant and animal habitats within the area”. In this regard, any future widening of the south side of Ninth Avenue into the planned Wianamatta Regional Park would contravene the provisions of the Regional Park zone under SREP30 and would unlikely be supported.

 

Council’s Senior Traffic Engineer reviewed the proposal including the Traffic Impact Assessment Report and Road Safety Audit Report prepared by GTA Consultants and has raised no objections.

 

Section 4.9 Landscape and Open Space Network

 

According to the Precinct Plan and the Planning Agreement, a Ninth Avenue Corridor Park has been identified in Village 6.  This 0.5ha park will provide a node between the Ninth Avenue Character Area and the Regional Park.

 

The activation of the park, the provision of a pedestrian path to link the areas separated by the riparian corridor and the enhancement of existing vegetation within the riparian corridor will be the subject of a separate Development Application, as has been pursued for all other parks within the Western Precinct.

 

Section 4.10 Bushfire Measures

 

The land in the Western Precinct of the St Marys Release Area is bushfire prone. The application has been accompanied by a Bushfire Protection Assessment prepared by Eco Logical Australia Pty Ltd. The Bushfire Protection Assessment provides a review of the subdivision proposal in relation to the measures contained in the Bushfire Protection Assessment adopted by Council as part of the Western Precinct Plan.

 

The NSW Rural Fire Service (RFS) has assessed the development proposal and has issued a Bush Fire Safety Authority on 15 May 2015 for the proposal pursuant to the Rural Fires Act 1997, subject to General Terms of Approval (GTAs). The conditions would ensure that the proposed subdivision is compliant with Section 100B of the Rural Fires Act 1997, Clause 44 of the Rural Fires Regulation 2008, and ‘Planning for Bushfire Protection 2006’ (RFS 2006):

 

Section 5B Built Form and Housing

 

The plan of subdivision and Building Envelope Plan have demonstrated compliance with the WPP and DCS in relation to:

 

·          The proposed subdivision, with lot size varying from 300m2 to 3847m2, is compliant with the minimum lot size for detached housing.

·          The proposal is compliant with the minimum criteria for lot width and depth as outlined in Table 4 of the Development Control Strategy.

·          Provision has also been made for easement for access and maintenance for narrow allotments.

The following table summarises the proposed subdivision in respect to dwelling yield and proportion for dwelling stock: -

 

Village 6 Lot Yield

Total Lot Yield

Detached Housing

Lots 270m2 to 500m2

(Indicative % of Overall Dwelling Mix = 60-70%)

106 (49.3%)

1939 (76.34%)

Detached Housing

Lots 501m2 to 999m2

(Indicative % of Overall Dwelling Mix = 20%-25%)

82 (38.14%)

421 (16.67%)

Detached Housing Lots 1000 m2

(Indicative % of Overall Dwelling Mix = 1%- 2%)

27 (12.56%)

29 (1.14%)

Total Number of Lots

215

2540

 

The targets identified above provide for a variety of housing choice to ensure that the net neighbourhood density prescribed in SREP 30 is achieved.  Although the number of lots between 501m2 to 999m2 has not met the 20%-25% indicative percentage, the overall lot yield has achieved 16.57% and is considered satisfactory as the proposal appropriately responds to housing demand within the immediate area and provides for a mix of lot sizes and built form outcomes within the precinct.

 

Penrith Development Control Plan 2006 (DCP 2006)

 

The development proposal is in accordance with the relevant provisions of Penrith Development Control Plan 2006. Not all provisions of this DCP are applicable to the Western Precinct based on overriding provisions contained in the Precinct Plan and Development Control Strategy. The relevant provisions have previously been considered in this report in discussions relating to the applicable environmental planning instruments.

The development proposal has been assessed against the following provisions of the DCP:

 

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

 

Context and Setting

 

The lot size and configuration of the proposed subdivision has demonstrated compliance with Table 4 Residential Development Controls of Part 5 of the Development Control Strategy and thereby the Framework Plan and Environmental Management Strategies of WPP in relation to:

 

(a)     subdivision layout principles

(b)     dwelling density

(c)     access and movement

(d)     conservation of natural values

(e)     bushfire measures

 

Natural Hazards

 

Issues related to bushfire attacks have been addressed earlier in the report.  In regards to contamination, the St Marys Precinct has been subject to extensive investigation and remediation to ensure the land is suitable for the development.  A Site Audit Statement specific to the development has been issued CHK001/1.  A special condition is recommended to ensure the development will be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

 

Heritage

 

The site has been identified to contain archaeological relics – Site 9 House Site – western part of portion 104.  The applicant has submitted an Exemption Exception Application under Section 139 (4) of the Heritage Act 1977 to the Office of Environment and Heritage to undertake archaeological testing of the site. The Heritage Office has endorsed the exemption application on 8 July 2014, with a copy of the endorsement provided within the Development Application documents.  Council’s Heritage Advisor reviewed the proposal and provided the following comments:

 

·        Two copies of the archaeological document that outlines the found artefacts on the site should be provided to Penrith Council.

·        In the event that artefacts are found, the approach provided within the Exemption Notification which includes implementation of an open area excavation program is supported.

 

The above request is conditioned accordingly (Standard Condition No. C003).

 

Site Design

 

The applicant has demonstrated that the proposed subdivision and road layout will satisfy the aims and objectives identified in the Framework Plan and Environmental Management Strategies of the Precinct Plan in relation to :-

·        subdivision layout

·        dwelling density

·        access and movement

·        bushfire measures

·        water cycle/drainage management.

 

Social and Economic

 

The development of land zoned urban for residential purposes provides for a variety of 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.

 

2.4.      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 location of the land facilitates a permissible land use under SREP 30.

·          It is consistent with aims of SREP 30 and the Urban zone objectives.

·          The proposal is consistent with the St Marys Western Precinct Plan and Development Control Strategy.

·          The SIS has concluded that proposal is unlikely to result in any threatened species or ecological community becoming extinct.

 

2.5       Section 79C(1)(a)(iiia) – Any Planning Agreement

 

St Marys Penrith Planning Agreement and St Marys Development 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 Western Precinct.

 

A 0.5ha local parking will be provided adjacent to the riparian corridor, as required by the Planning Agreement. The embellishment of the Riparian Corridor, including the provision of a pedestrian connection, will be the subject of a separate Development Application, as has been pursued for all other parks within the Western Precinct.

 

This proposal is consistent with these Agreements for the provisions for works, dedications and contributions regarding the regional parkland, regional open space, regional transport and road infrastructure and affordable housing.  An advisory condition is recommended reinforcing Lend Lease’s obligations under this Development Agreement.

 

2.6       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 Rural Fire Service –Rural Fires Act 1997

·          NSW Office of Water – Water Management Act 2000

·          NSW Roads and Maritime Services –State Environmental Planning Policy (Infrastructure) 2007 and Section 138 Roads Act 1993

·          National Parks and Wildlife Services – Sydney Regional Environmental Plan No. 30 - St Marys.

·          Sydney Water

 

Council has received the following in response to the proposal:

 

a)      Bush Fire Safety Authority dated 15 May 2015 from RFS

b)      A “Controlled Activity” approval dated 16 January 2015 from Office of Water

c)      No objections and no recommended conditions from the Roads and Maritime Service.

d)      National Parks and Wildlife Service have provided comments. Bushfire matters were referred to the Rural Fire Service for comment with other matters addressed through the Recommended Conditions. 

 

Sydney Water was consulted given the scale of the development and recent notice received regarding the construction of a sewer pump station within the subdivision. Subject to attaining a Section 73 Certificate from Sydney Water, no objection was raised to the proposal (Refer to Standard Condition G001).

 

(c)        Public Submissions

 

The application was advertised, placed on public exhibition and notified to the owners and occupiers of adjoining and nearby properties from 22 December 2014 to 8 February 2015 in accordance with Penrith Development Control Plan 2006.

 

A total of 321 submissions were received, which includes 295 submissions in the form of a proforma letter. Four (4) key issues were raised in these submissions and they include:

The key issues raised in these submissions were: -

 

·        The subdivision layout and road alignment within the subdivision will sever the Cumberland Conservation Corridor

·        Inappropriate location of the proposal Riparian Corridor

·        Impacts on local endangered wildlife.

·        Notification of the Development Application to previous objectors of development within Jordan Springs.

 

The importance of the Cumberland Conservation Corridor and the role that the development site plays in providing potential connector lands from the Regional Park to adjoining land to the north of Jordan Springs has been identified in the assessment of the Development Application. The recommendations of the Council report include the provision of a residue lot to encompass Lots 6000 – 6015 to enable continued discussions to secure a connection to the north and ensure that sufficient width and location of a corridor can be provided within the subject site.

 

The key issues raised in the submissions have been addressed throughout this report. In view of the above, it is considered that the issues raised do not warrant refusal of this Development Application.

 

(d)        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.

Community Safety Coordinator

No objection, subject to conditions.

Parks Construction and Maintenance

No objection.

Senior Traffic Engineer

No objection, subject to conditions.

Senior Environmental Health Officer

No objection, subject to conditions.

Senior Water Management Officer

No objection, subject to conditions.

Senior Biodiversity Officer

No objection, subject to conditions.

Senior Building Surveyor

No objection, subject to conditions.

Heritage Advisor

No objection, subject to conditions.

Recourse Recovery Coordinator

No objection.

 

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

 

The proposal was advertised, exhibited and notified from 22 December 2014 to 8 February 2015 in accordance with Clause 89(3) of the EP&A Regulation 2000.

 

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

 

The site is suitable for the proposed developments. Subdivision is permissible in the Urban zone and it has been demonstrated that the proposals meet the aims and objectives of the environmental planning instruments which applies to the site. The proposed subdivision is considered to be site responsive and is in the spirit of the planning framework which has been envisioned for the Western Precinct.

 

The recommendations of the Council report include the amalgamation of Lots 6001 – 6015 to provide a residue allotment to enable the further investigation of an effective biodiversity connections between the adjoining lot to the north and the proposed Regional Park.

 

As a result Council may be satisfied that the development subject to conditions is consistent with the public interest.

 

3.0     Conclusion

 

The proposed subdivision ensures compliance with the aims and objectives of the Western Precinct Plan and Development Control Strategy. The proposal provides a subdivision density which is generally consistent with the targets identified for the Village 6 site and provides vehicular connectivity to the west and north in accordance with the Framework Plan within the DCS.

 

The proposal provides a centralised riparian corridor to meet the aims and objectives of the DCS and Cumberland Plain Recovery Plan.  The application also includes provision for a secondary connection which is not a prescribed requirement within the Western Precinct Plan or Development Control Strategy. The assessment of the proposed location coupled with the Federal Government’s funding announcement (referred to as the Cumberland Conservation Corridor Commitment)  to implement conservation initiatives within the Cumberland Conservation Corridor warrants the further assessment of the biodiversity connection corridor within Lots 6000 – 6015. The report recommends the retention of this area within the subdivision as a residue allotment to enable further investigations to be undertaken.

 

In view of the above assessment, it is recommended that the application be approved subject to the imposition of conditions of consent.

 

 

RECOMMENDATION

That:

1.      The information contained in the report on Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs be received.

2.      Development Application No. DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs be determined by granting a consent in accordance with Section 80(4)(b) of the Environmental Planning and Assessment Act, 1979 subject to the following conditions.

Standard Conditions:

A001 – Approved plans

A008 – Works to BCA requirements

A041 - Construction in bushfire areas

A042 – Asset Protection Zones in Bushfire Areas

A044 - Compliance with NSW Rural Fire Service conditions of consent

A046 – Obtain Construction Certificate before commencement of works

C003 ­ Uncovering relics

D002 – Spraygrass

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

D014 – Plant and equipment noise

D026 – Liquid Waste

D06A – Approval of bulk earthworks/ major filling operations

G001 – Installation of services and Service Clearance (subdivision)

H01F – Stamped plans and erection of site notice

H002 – During construction requirements

H041 – Hours of work

K101 – Works at no cost to Council

K202 – Section 138 Roads Act Approval

K203 – Section 138 Roads Act (roadworks requiring approval of civil drawings)

K205 – Construction Certificate for Subdivision works

K206 – Road Design Criteria table

K207 – Road Safety Audit

K224 - Inter-allotment drainage

K225 - Bus Stops

K301 – Sediment and Erosion Control

K302 – Traffic Control Plan

K304 – Matters to be address prior to commencement of Subdivision works

K405 – Street Lighting

K407 – Major Filling/ earthworks

K408 – Soil testing – Subdivisions

K501A – Completion of Subdivision works

K504 – restriction as to User and Positive Covenant

K507 – Linemarking & Signage

K510 – Street Naming

K511 – Bond for final wearing course

K513 – Maintenance Bond

K514 – Subdivision Compliance documentation

K601 – Stormwater Management system operation and maintenance

L005 – Planting of plant material

L006 – Australian Standard for landscaping

L007 – Tree protection measures

L008 – Tree Preservation Order

M001- Prior to subdivision work

M008- Linen plan

M009 - 88B Instrument

M014 - Surveyors certificate

Q01F – Notice of Commencement and Appointment of PCA

Q008 ­ Subdivision Certificate

 

Special Conditions

                             2.1     The development is required to comply with the General Terms of                                     Approval (GTA) dated 15 May 2015, issued by the NSW Rural                                          Fire Service as outlined below:

                            

                                      a)      At the commencement of subdivision and in perpetuity an                                                  Asset Protection Zone (APZ) 20 metres wide shall separate                                               proposed Lot 6016 from the vegetation on the planned                                                          combined lot to the west of this lot. The APZ shall be managed                                                 as an inner protection area (IPA) as outlined within section                                       4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006                                         and the NSW Rural Fire Service's document 'Standards for                                               asset protection zones'.

b)      At the commencement of subdivision and in perpetuity an Asset Protection Zone (APZ) 20 metres wide shall separate Lot 3492 DP1191642 from the vegetation on the planned combined lot to the east of this lot. The APZ shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's document 'Standards for asset protection zones'

c)      Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

d)                Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006'.

e)      Fire trails shall comply with section 4.1.3 (3) of 'Planning for Bush Fire Protection 2006'.

f)       Proposed lots 6015 and 6017 shall have a minimum 2.1 metre high non­combustible radiant heat shield constructed along the northern boundary.

g)      The development proposal is to comply with the subdivision layout identified on the drawing prepared by Lend Lease, number: D646, sheets 1­5, dated 13/03/2015 with the exception of lots 6000 to 6015 and Lot 6152 located at the western end of the proposed subdivision.

                             2.2     The development is required to comply with the General Terms of                                     Approval (GTA) dated 16 January 2015, issued by the NSW                                              Office Of Water as outlined below:

 

a)       These General Terms of Approval (GTA) only apply to the                    controlled activities described in the plans and associated                              documentation relating to DA2014/1550 and provided by                           Council:

                   (i)      Site plan, map and/ or surveys

                   Any amendments or modifications to the proposed controlled                activities may render these GTA invalid. If the proposed                        controlled activities are amended or modified the NSW Office of                  Water must be notified to determine if any variations to these                    GTA will be required.

b)       Prior to the commencement of any controlled activity (works)               on waterfront land, the consent holder must obtain a Controlled                 Activity Approval (CAA) under the Water Management Act from             the NSW Office of Water. Waterfront land for the purposes of             this DA is land and material in or within 40 metres of the top of               the bank or shore of the river identified.

c)       The consent holder must prepare or commission the                              preparation of:

(i)       Vegetation Management Plan

(ii)      Erosion and Sediment Control Plan

(iii)     Soil and Water Management Plan

d)       The consent holder must (i) carry out any controlled activity in              accordance with approved plans and (ii) construct and/or                        implement any controlled activity by or under the direct                             supervision of a suitably qualified professional and (iii) when               required, provide a certificate of completion to the NSW Office                  of Water.

e)       The consent holder must carry out a maintenance period of two            92) years after practical completion of all controlled activities,             rehabilitation and vegetation management in accordance with a                    plan approved by the NSW Office of Water.

f)       The consent holder must reinstate waterfront land affected by               the carrying out of any controlled activity in accordance with a               plan or design approved by the NSW Office of Water

g)       The consent holder must be suitably qualified person to monitor            the progress, completion, performance of works, rehabilitation                 and maintenance and report to the NSW Office of Water as            required.

h)       The consent holder must provide a security deposit (bank                      deposit or cash bond) – equal to the sum of cost of complying             with the obligations under any approval – to the NSW Office of               Water as and when required.

i)        The consent holder must ensure that no materials or cleared                 vegetation that may (i) obstruct flow 9ii) wash into the water                 body or (iii) cause damage to river banks; are left on waterfront             land other than in accordance with a plan approved by the            NSW Office of Water.

j)        The consent holder is to ensure that all drainage works (i)                      capture and convey runoffs, discharges and flood flows to low               flow water level in accordance with a plan approved by the             NSW Office of water; and (ii) do not obstruct the flow of water                other than in accordance with a plan approved by the NSW                   Office of Water.

k)       The consent holder must stabilise drain discharge to prevent                 erosion in accordance with a plan approved by the NSW Office                   of Water

l)        The consent holder must establish all erosion and sediment                   control works and water diversion structures in accordance with               a plans approved by the NSW Office of Water. These works                   and structures must be inspection and maintained throughout            the working period and must not be removed until the site has              been fully stabilised.

m)     The consent holder must ensure that no excavation is                            undertaken on waterfront land other than in accordance with a              plan approved by the NSW Office of Water.

n)       The consent holder must establish a riparian corridor along the              watercourse in accordance with a plan approved by the NSW                 Office of Water.

                             2.3     Prior to the release of a Construction Certificate, the subdivision                              plans are to be amended to detail the amalgamation of Lots 6000 –                                   6015 & 6152 as a residue lot. With exception of the required asset                                     protection zones, no works are to be undertaken within the residue                                       lot.

                             2.4     Prior to the issue of a Subdivision Certificate, a Section 88B                                               restrictive covenant in accordance with the Conveyancing Act, 1919                                is to be registered against Lots 6153 ­ 6163 that no vehicular access                                   to Ninth Avenue is permitted.

                             2.5     Prior to the issue of a Subdivision Certificate, a Section 88B                                               restrictive covenant in accordance with the Conveyancing Act, 1919                                is to be registered against Lots 6212 - 6221 to include a gate within                                     the boundary fence (minimum 4m width) to enable the movement of                                 fire trucks within the Asset Protection Zone.

                             2.6     Prior to the release of a Subdivision Certificate, a new access gate is                                to be installed within the boundary fence to the Regional Park,                                               adjacent to Lot 6221. The design and location of the gate is to be                                 undertaken in consultation and agreed to by National Parks and                               Wildlife Service. 

                             2.7     Prior to the release of a Construction Certificate, the "Dual                                                 Occupancy Entitlements" notations are to be removed from proposed                              Lots 6075, 6076, 6153 ­ 6163, 6195 ­ 6197, 6212 ­ 6221.

                             2.8     To ensure compliance with the principles of Crime Prevention                                            Through Environmental Design, the following should be applied to                                     enhance the safety and security of all users of this development and                                    minimise the crime risk associated with this development:

a)       Lighting

·        All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy and relevant Australian Standards and requirements.

·        Lighting must be of sturdy construction and vandal resistant.

·        All pedestrian and cycle networks shall be well lit in accordance with the abovementioned standards. The location and design of lighting should take into account all vegetation and landscaping that may reduce the effectiveness of lighting or act as an entrapment spot, including street trees.

·        Proposed bus stops must be well­lit in accordance with Australian Standards to provide safe night­time travel for users.

·        Street lighting shall be provided to the Road No.4 and Road No.7 that will link in with the future pedestrian linkage between the two roads.

b)      Landscaping

·        Low level planting and high canopied vegetation shall be provided to public spaces intended for passive/active uses (including parks, reserves, walking paths, cycle paths, bus stops) to promote good levels of surveillance and minimise concealment opportunities through effective landscaping. is recommended.  Dense shrubs must be avoided, particularly near public seating and walking paths.

·        The proposed street trees should not obstruct sightlines for pedestrians or vehicles.

·        Orientate residential frontages facing the park directly onto surrounding residential streets to increase casual surveillance of the area.

2.9     Prior to the issue of a Construction Certificate, a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

2.10   Approval is granted for the removal of trees within the property boundaries that are within areas being the subject of approved cut and fill, road construction and the implementation of asset protection zones. 

2.11   Prior to the commencement of works, an inspection of tree protection measures implemented within the site is to be undertaken by Penrith Council Officers.

2.12   Prior to the commencement of works, the applicant must engage a suitably qualified and experienced arborist to assess the impact of the proposed road works within Ninth Avenue on the existing street trees. The arborist is to prepare and submit, to the satisfaction of Penrith Council, a report documenting the measures to be employed during the construction of the road works.

          All recommendations made to protect and retain trees are to be            implemented during and employ industry best practices.

2.13   A suitable macrofauna fence between the perimeter roads, fire access tracks and the Regional Park is to be provided in consultation and agreed to by National Parks and Wildlife Service.

2.14   Prior to the commencement of works, including the removal of any trees associated with approved subdivision/development activities, an inspection for resident threatened fauna (including inspection of all hollows) is to be undertaken under the supervision of a fauna ecologist. Any fauna found are to be relocated. Should juveniles be contained within the affected tree then clearing is to be delayed until juveniles have vacated. WIRES are to be contacted in the case of any injured fauna.

2.15   All trees that are scheduled for removal with a Diameter at Breast Height (DBH) of 30cm or greater, once felled in accordance with the Consent Conditions, are to be sawn into 2-6m lengths and retained for future use within the riparian corridor (Lot 6149) or residue lot to provide additional fauna habitat.

2.16   Top soil from areas currently vegetated with regenerating or mature Cumberland Plain Woodland that are scheduled for "Cut" treatment, is to be salvaged and stockpiled for future use within the riparian corridor or residue lot.

2.17   The following street trees are to be replaced with species from the approved Street Tree List that are native to western Sydney:

·        Cupaniopsis anacardioides

·        Waterhousia floribunda

          Suitable trees on the Approved Street Tree List are:

·        Melaleuca linaarifolia

·        Eucalyptus crebra

·        Eucalyptus  sideroxylon

·        Tristaniopsis laurina.

          Street trees are to be planted prior to the issue of the Subdivision Certificate.

2.18   Prior to the issue of a Construction Certificate, a detailed plan that clearly outlines measures that will be implemented by the applicant to facilitate fauna movement across Road 303 is to be submitted to Penrith City Council for approval. If Council is not the certifying authority, a copy of Council’s approval for the plan is to be provided to the Principal Certifying Authority. The plan is to consider the following and must include detailed engineering designs as required:

·        The use of traffic calming devices to slow traffic in the vicinity of the Biodiversity Corridor such as speed humps.

·        The use of a specifically designed fauna underpass (such as a culvert) to allow safe fauna movement under Road 303.

·        The use of rope canopy bridges to allow safe crossing of arboreal mammals over Road 303.

·        The modification of the proposed macrofauna fence along the regional park in this location to allow for the movement of small mammals along the residual lot (Lot 6000 – 6015). Evidence of consultation with NPWS must be included.

·        Once approved by Penrith Council, all activities outlined in the plan are to be implemented and carried out in accordance with the plan. Council may request a review and if necessary updating of the plan to reflect current environmental standards and legislation. Council must be satisfied with any changes prior to the amendment of the plan.

2.19   The ultimate water quality / detention system shall be maintained by the person/company with the benefit of the development consent for a 3 year period.  During the maintenance period the basin will need to be monitored by the developer for water quality and vegetation management as per the adopted maintenance regime / operational manual.

2.20   Prior to the handover of GPTs and related stormwater infrastructure Council will require compliance with Council’s WSUD Technical Guidelines (Version 2).

2.21   A Draft Operation and Maintenance manual for the proposed stormwater treatment measures will also need to be submitted to Council for approval. The manual should include details on the cleaning / maintenance requirements as well as provide details on the estimated annual and lifecycle costs associated with the proposed treatment measures. The plan should include details on the following:

i.        Site description (area, imperviousness, land use, annual rainfall, topography etc)

ii.       Site access description

iii.      Likely pollutant types, sources and estimated loads

iv.      Locations, types and descriptions of measures proposed

v.       Operation and maintenance responsibility

vi.      Inspection methods (including inspection checklists)

vii.     Maintenance methods (frequency, equipment and personnel requirements);

viii.    Landscape and weed control requirements

ix.      Operation and maintenance costs;

x.       Waste management and disposal options; and

xi.      Reporting.

2.22     The ultimate Stormwater Quality Treatment measures must:

a)      Be consistent with the requirements of the Stormwater Management Study prepared by SKM for the overall development and Council’s WSUD policy.

b)      Meet the requirements of the NSW Office of Environment and Heritage and the NSW Office of Water including the siting and design of the water treatment measures.

c)      Have detailed engineering plans and supporting calculations for the 2 ultimate water quality and quantity basins (eastern and western) stormwater management systems prepared by a suitably qualified person and shall accompany a future development application. This will need to include a detailed stormwater management strategy which includes MUSIC modelling.

d)      Include details on the types of GPTs, including details on the location, access and maintenance requirements shall be submitted to Council for approval.

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

2.24   All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

2.25   Construction works shall be carried out in accordance with the NSW Department of Environment and Climate Change’s (2009) “Interim Construction Noise Guideline.

2.26   The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined in the Salinity Review prepared by Geotech Testing Pty Ltd Ref 7508/23­AA Final Revised dated 8 March 2012 are to be adopted and implemented as a part of the development.

2.27   The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

2.28   Dust suppression techniques are to be employed during all works to reduce any potential nuisances to surrounding properties.

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

2.30   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. The erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

2.31   Stormwater runoff from the development site shall be managed in accordance with the Interim Stormwater Management Strategy Report prepared by J. Wyndham Price dated October 2014 Reference Number 109343­ 10 Village 6.

2.32   Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that the following works are shown on engineering plans:

·        Provision of a 2.5m wide shared concrete footpath along the western side of Road No 3 from Chainage 270 ­ 410.

·        Replacement of the 2.5m wide shared concrete path with a 1.5m wide concrete footpath on the eastern side of Road No 3 from Chainage 255 ­ 330.

·        Provision of a 3m wide heavy duty concrete access path for the length of the access handle adjoining Lots 6075 & 6077 and Xavier College. The access path is to extend to the kerb return Road No 3 with provision of a heavy duty gutter crossing. The access path shall also link to the 2.5m wide shared path along the western side of Road No 3. Lockable bollards are to be provided at each end of the access path.

·        Relocation of the 2.5m wide shared concrete path from the western side of Road No 7 (Chainage 0 ­ 135) to the eastern side of Road No 7 (Chainage 0 ­ 135).

·        Provision of a 1.5m wide concrete path along the western side of Road No 7 (Chainage 56 ­ 155) The longitudinal gradient of Road No's 3 & 4 are at a minimum grade of 1%.

All bicycle path construction is to be in accordance with the relevant provisions of the RTA’s NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

2.33   All verge areas are to be turfed for the full width from back of kerb to property boundary at the completion of the works.

2.34   Seven (7) days prior to the commencement of works, a copy of the pavement design report is to be submitted to Penrith City Council.

2.35   Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that the proposed access driveway locations as shown on the building envelope plans for the lots accessing Ninth Avenue comply with sight distance requirements of AS2890 and Austroads Guidelines. Full details are to be submitted with the application for a Construction Certificate

2.36   All construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Ninth Avenue.

2.37   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

2.38   Prior to the issue of a Subdivision Certificate, a Section 88B restrictive covenant in accordance with the Conveyancing Act, 1919 is to be registered against Lots 6153 ­ 6163 that no vehicular access to Ninth Avenue is permitted.

Advisory Note: The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

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

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

DA14/1550 Location Plan

1 Page

Attachments Included

2.  

DA14/1550 Subdivision Plans

7 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

4

Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia  Applicant:  Tony Fragar Design Pty Ltd;  Owner:  B.N. Fowler Pty Ltd   

 

Compiled by:               Clare Aslanis, Environmental Planner

Authorised by:            Paul Lemm, Development and Environmental Health Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Advocate Council's position and respond to planning legislation, building certification and related policies of government

     

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 dual occupancy at 1589 Mulgoa Road, Wallacia. This application is being reported to Council as the subject property is owned by B. N. Fowler Pty Ltd. of which Mayor, Councillor Ross Fowler OAM is a company director. Under the Penrith Local Environmental Plan 2010, the subject site is zoned RU5 Village and the proposal is a permissible land use with Council consent.

 

The site is identified as having a heritage item, being the Wallacia Post Office and falls within the Wallacia Village heritage conservation area. The proposed dual occupancy is considered to be compatible with the heritage significance of the site and area. It has been assessed to comply with the Penrith LEP 2010, and the Penrith DCP 2010.

The application has been notified to adjoining residents and property owners. The application was placed on public exhibition between 20 February and 6 March 2015 and no submissions were received in response.

An assessment under Section 79C of the Environmental Planning and Assessment Act, 1979 has been undertaken and the application is recommended for approval, subject to recommended conditions.

 

Site and Surrounds

The subject site is situated on the western side of Mulgoa Road, approximately 150m north of the intersection with Silverdale Road, Wallacia (see locality plan Attachment 1). It is 2,023.4m² in area and is orientated in a south eastern direction, has a gradual slope to the rear and contains existing trees and vegetation throughout the site.

The site is currently occupied by a single fibro dwelling, built in the 1930s with an attached post office at the front of that dwelling. The existing building is listed as a local heritage item under Penrith Local Environmental Plan 2010 and the site is located within a Heritage Conservation Area.

The surrounding area is characterised by semi-rural residential development and local services.

 

 

The Proposed Development

The proposed development involves the following aspects:

·    Demolition of existing outbuildings.

·    Construction of a detached second dwelling including parking, landscaping, associated drainage works, driveway, separate garage and pool.

·    The retention of the existing dwelling and post office building.

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

·      Site plan

·      Floor plan

·      Sections plan

·      Elevations plans

·      Statement of Environmental Effects

·      BASIX Certificate

·      Heritage Impact Statement

Site and architectural plans are provided as Attachment 2.

Planning Assessment

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

 

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

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

The development has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20. The proposed stormwater system has been assessed to maintain existing water quality and quantity. The proposal has satisfied the considerations under SREP 20.

 

Penrith Local Environmental Plan 2010

The subject site is zoned RU5 Village under the provisions of LEP 2010. Dual occupancy development is permissible in the zone with development consent. The existing post office is a historical use for the site and continues in association with the principal dwelling.

Clause 5.10 Heritage Conservation

 

The application does not propose any alteration or demolition of the heritage item. As there are no proposed alterations or changes of use to the heritage item, no conservation management plan is required. A heritage impact statement was submitted in support of the application and assessed to be satisfactory.

 

Clause 7.2 Flood Planning

 

The site is identified as being flood prone land. The 1 in 100 year flood level applicable to the site is 45.8m AHD (Australian Height Datum). The required flood planning level for habitable floor levels of the proposed dwelling is 46.3m AHD. The finished floor levels of the proposed dwelling exceed this requirement, with a minimum habitable finished floor level of 46.65m proposed. It should be noted, however, that underground services and a small portion of the ground floor slab towards the rear of the proposed dwelling will be below the flood planning level. As a consequence, Council’s standard requirements regarding flood proofing of electrical services and the use of flood compatible materials apply. These requirements will be imposed via standard conditions of consent.

 

Clause 7.7 Servicing

 

The site is serviced by reticulated water and a new sewer line proposed to be connected to the existing sewer line at the rear of the property.

 

Clause 7.19 Villages of Mulgoa and Wallacia

 

The minimum lots size applicable for a detached dual occupancy within the Wallacia village is 750m2 and minimum lot width is 15m, both of these standards are exceeded with a lot size of 2,023.4m2 and lot width of 20.12m.

 

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

The development application is consistent with the provisions and objectives of Penrith Local Environmental Plan 2010 (Amendment 4), which are in line with the current version of Penrith Local Environmental Plan 2010.

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

Penrith Development Control Plan 2010

The proposed development is assessed against the following sections of the Penrith Development Control Plan (DCP) 2010:

 

DCP Objectives

 

The proposed dual occupancy is consistent with the aims of the DCP in relation to:

·    Commit to environmental protection and enhancement

·    Being consistent with the principles of sustainable development

·    Respond to the natural and built environment

·    Provide for an attractive urban environment

 

Site Planning and Design Principles

 

The following table illustrates details of the proposed dual occupancy:

 

Front and Rear Setbacks

The front and rear setbacks are consistent with the established street setback in the locality as an approximate 22m rear setback is provided with the proposed dwelling being behind the existing dwelling. This is also consistent and comparable with the character of the surrounding Heritage Conservation Area.

 

Design

The height, bulk and scale, roof pitch and external finishes of the proposed dual occupancy are sympathetic to the surrounding built environment. The extent of fill is restricted and thereby minimise any likely impact on the topography of the locality.

 

Driveways and Parking

Each dwelling is provided with 2 on-site car parking spaces, which is achieved through a garage and carport in the proposed dwelling and driveway with garage parking for the existing dwelling.

 

Landscaped Area

The development provides for retention of existing vegetation. The development also provides courtyard areas for landscaping and recreation between and around the dwellings.

 

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

Context and Setting

 

The proposal is consistent with the existing character of other development in the locality as the setbacks, scale and roof pitches are consistent with other development within close proximity.

The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area as the site is zoned for residential purposes.

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

 

Access, Parking and Traffic

The development satisfies Council’s requirements for the provision of car parking and traffic generated by the development can be accommodated by the capacity of the road system in the locality.  The proposal provides a shared driveway for the dwellings off Mulgoa Road which uses the existing vehicular crossing location.

 

Heritage Conservation

 

The site contains a heritage item and is within a Heritage Conservation Area. The application was accompanied by a Heritage Impact Statement by Tony Fragar Design / Weir Phillips Architects & Heritage Consultants in support of the application.

 

The Heritage Item, being the Wallacia Post Office, is evidence of the growth of Wallacia after World War II, due in large part to accommodating workers involved in the construction of the nearby Warragamba Dam. The Wallacia Post Office is typical of functional buildings constructed in the Post World War II period using a simple form and readily available materials.

 

The item is a residential building with a shop added to the front, extending to the street boundary. The shop has a gabled roof and has a cantilevered awning across the shopfront, extending over the footpath. The proposal was referred to Council’s Heritage Advisor who concluded that the proposal has minimal impact on the heritage item and conservation area due to its siting and overall form.

 

The proposed second dwelling is located to the rear of the site, behind the heritage item and will have minimal effect on the presence and presentation of the original building. Under the proposal, the area of the proposed development is not visible from the street. It is further screened from the street by planting around the side corner of the private open space adjacent the northern side of the existing dwelling with an 11m long driveway and landscaping dividing the dwellings.

 

The limited of visibility of the new dwelling from the street, with the large lot size means minimal impacts on the conservation area. The garage/carport section of the proposed dwelling that sits at the end of the driveway is single storey and parallel with the street. It is therefore not in conflict with the 1930s Post Office.

 

In addition, the roof shape, materials and colours proposed for the new dwelling are compatible with the existing heritage item and the Wallacia village.

 

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

The proposal is site responsive and has been designed in a manner consistent with the character of the locality. The site is not identified as bushfire prone, or as containing any significant vegetation. For these reasons the site is suitable for the proposed development.

 

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

Community Consultation

 

In accordance with Clause 4.4 of Appendix F4 of Penrith Development Control Plan 2010, this application was notified to nearby owners and occupiers of adjoining properties who were invited to inspect the proposal from 20 February to 6 March 2015. Council notified twenty (20) residences in the area and received no submissions in response.

 

Referrals

 

Building Surveyor

No objection, subject to conditions

Development Engineer

No objection, subject to conditions

Heritage Advisor

No objection.

 

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

 

The proposal provides a development that is compatible with the surrounding development, with no adverse impacts on the amenity of the area. The development will provide for additional housing in the area and is therefore in the public interest.

 

Section 94 Contributions

 

The following Section 94 Contributions apply to the proposed development:

 

S.94 Contribution Plan

Contribution

Cultural Facilities

$420

District Open Space

$5,714

Local Open Space

$2,064

Total

$8,198

 

Conclusion

 

The proposed development is permissible with Council’s consent and the accompanying documents that have been supplied in support of the application have adequately addressed the proposed development’s compatibility with the existing heritage item and surrounding Heritage Conservation Area.  The plans will see an infill residential development which incorporates architectural articulation to the building reflecting the character of adjoining buildings.  The development complies with Council’s Local Environmental Plan and Development Control Plan and is considered to be a suitable development for this location. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia be received.

2.    Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia be approved subject to the following conditions:

                             Standard Conditions:

                             A001 – Approved plans

                             A008 – Works to BCA requirements

                             A019 – Occupation Certificate

                             A046 – Obtain Construction Certificate before commencement of works

                             B001 – Demolition of existing structures

                             B002 – Demolition and disposal to approved landfill site

                             B003 – Asbestos

                             B004 – Dust

                             B005 – Mud/soil

                             B006 – Hours of work

                             D001 – Implement approved sediment and erosion control measures

                             D009 – Covering of waste storage area

                             D010 – Appropriate disposal of excavated or other waste

                             E001 – BCA compliance

                             E005 – Smoke detectors

                             F006 – Water tank and nuisance

                             G003 – Section 73 Certificate

                             G004 – Endeavour Energy clearance

                             G005 – Rainwater tank plumbing

                             H001 – Stamped plans and erection of site notice

                             H002 – During construction requirements

                             H011 – Engineering plans and specifications

                             H014 – Slabs/footings

                             H015 – Termites

                             H022 – Survey

                             H033 – Clothesline

                             H036 – Rainwater tank

                             H037 – Safe supply of water from catchment areas

                             H038 – Connection of rainwater tank supply

                             H039 – Rainwater tank pumps

                             H041 – Hours of work

                             J001 – Excavated material removal

                             J002 – Fencing when water in pool

                             J004 – Pool fence (residential)

                             J007 – Boundary fencing

                             J009 – Backyard pool safety package

                             J010 – Pool board/sign

                             K101 – Works at no cost to Council

                             K202 – Section 138 Roads Act Approval

                             K202A – Infrastructure bond

                             K208 – Stormwater discharge

                             K215 – Flood planning level

                             K217 – Flood compatible materials

                             K221 – Access, car parking and manoeuvring

                             K403 – Flood proofing of electrical services

                             K501 – Penrith City Council clearance (Roads Act Approval)

                             L001 – Landscaping in accordance with plans

                             L005 – Planting of plant material

                             L006 – Australian Standard for landscaping

                             L007 – Tree protection measures

                             L008 – Tree Preservation Order

                             L012 – Retain existing landscaping

                             N001 – Section 94 contribution – Cultural Facilities

                             N001 – Section 94 contribution – District Open Space

                             N001 – Section 94 contribution – Local Open Space

                             P001 – Works to be done at no cost to Council

                             P002 – Fees associated with Council land

                             Q01F – Notice of Commencement and Appointment of PCA

                             Q05F – Occupation Certificate

 

 

ATTACHMENTS/APPENDICES

1.  

DA15/0122 Locality Plan

1 Page

Attachments Included

2.  

DA15/0122 Site Plan and Architecturals

5 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

5        2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths                                                                                            44

 

6        2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding                                                                                                                                           46

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

5

2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths   

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

Authorised by:            Michael Alderton, Acting Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Improve the City's footpaths and shared pathway network

Service Activity

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

      

 

Executive Summary

The purpose of this report is to consider a funding offer of $365,000 from the Roads and Maritime Services (RMS) for the 2015/16 shared-use path works under the Traffic and Safety Management Programs – Active Transport.  The report recommends that the funding offer be accepted.

Background

RMS has confirmed that a funding offer of $365,000 has been approved for 2015/16 to continue the shared-use path projects, contained within the Traffic and Safety Management Programs – Active Transport and “Sydney’s Cycling Future”, previously known as “NSW Bike Plan – River Cities Program”.     This is a 100% funding offer with no financial contribution required by Council.

 

The shared-use path funding previously provided by RMS was provided through the (superseded) “River Cities Program” which concentrated on Parramatta, Liverpool and Penrith local government areas.  The current Traffic and Safety Management Programs – Active Transport now supports walking and cycling projects throughout NSW and an annual, competitive funding application process applies.  

 

Current Situation

The 100% funding offered from RMS will cover the following shared-use path projects in 2015/16:-

 

Jane Street, between Castlereagh Road and Penrith Railway Station, Penrith  (600m)

 

$120,000

Design of shared-use path and signalised intersection at Westfield entry/exit.

Jane Street, between Castlereagh Road and Penrith Railway Station, Penrith

 

$165,000

Street light relocation to accommodate future path construction

Nepean Ave, Penrith (1km)

 

$80,000

Planning of options for pedestrian and cycle link - possible shared-use path, on-road lane + footpath, or mixed traffic + footpath; and design of agreed option.

 

Jane Street is identified in “Sydney’s Cycling Future” as a Priority Cycleway, being a component of the major route between St Marys, Penrith and Emu Plains.  The Jane Street link is proposed to connect pedestrians and bike riders to the completed paths on Mulgoa Road, Great Western Highway, Memorial Avenue with Penrith Station, and will also provide a connection to the proposed Nepean River Green Bridge.

 

Nepean Avenue is identified in “Sydney’s Cycling Future” as a Priority Cycleway, being a component of the Great River Walk and the recreational path known as the “Bridge to Bridge Loop”.  It will provide a major connection to the proposed Nepean River Green Bridge.    Public consultation with residents of Nepean Avenue will occur as part of the planning and design process.

 

It is hoped that funding applications for the construction of these two shared-use path projects will be successful for 2016/17. 

 

Financial Services Manager’s Comment

Acceptance of the funding being offered by the RMS to complete the projects detailed in the report will continue to enable Council’s own Shared Pathways Program, funded by the 2011-12 SRV, to be leveraged and accelerate the delivery of the overall program.

 

Conclusion

Council’s ability to progress the shared-use path network across the City has resulted in continued financial support from the State Government.  The funding offered this year brings the State Government’s financial assistance to $9.2 million over 6 years, resulting in nearly 15km of shared-use path, including bridges over Surveyor’s Creek,  South Creek and the new bridge over Peach Tree Creek to be constructed this financial year.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths be received.

2.    Council accept the 100% funding offer of $365,000 from the Roads and Maritime Services for the 2015/16 Traffic Management Programs – Active Transport.

3.    Council write to the Minister for Roads, Roads and Maritime Services and the State Member for Penrith, the Hon Stuart Ayres MP, the State Member for Mulgoa, Mrs Tanya Davies MP and the State Member for Londonderry, Ms Prue Car MP, expressing appreciation of the funding offer and of their continued support.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

6

2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding   

 

Compiled by:               David Drozd, Traffic Engineering Co-ordinator

Authorised by:            Michael Alderton, Acting Engineering Services Manager  

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

      

 

Executive Summary

The purpose of this report is to advise Council of the funding offer obtained under the Federal Government’s 2015/16 Nation Building Black Spot Program and Safer Roads Programs.  The report recommends that Council accept the 100% funding offered under these Programs.

Background

In July 2014, five Regional and Local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2015/16 Federal Government’s Nation Building Black Spot Program. In addition, Council considered a number of projects under the Roads and Maritime Services’ (RMS) funded ‘Safer Roads Program 2015/16’.

 

Further to these Regional and Local road projects, Council also assessed a number of Roads and Maritime Services (RMS) road lengths and intersections where high rates of accidents were exhibited.  As a result of this assessment, a prioritised list of RMS road and intersection projects was submitted to the RMS for its consideration and appropriate remedial action as necessary.

 

Current Situation

The RMS Consultative Panel has now assessed Penrith City Council’s projects under the Nation Building Black Spot Program.  The RMS has advised that five projects have been approved under the Program to the value of $400,000 and these are shown in Table 1 below.

 

 

TABLE 1

Projects Approved for 2015/16 Nation Building Black Spot Program

Project Number

Project Description

Allocation

S/08235

Dunheved Road Tasman Street, Cambridge Park -

Median Island Stop Treatment

$60,000

S/08250

Terrybrook Road Fifth Avenue, Llandilo -

2 x Rural Median Island Stop Treatments

$40,000

S/08271

Parkes Avenue 550 metre Black spot length between Victoria Street and Werrington Road, Werrington -

2 x Pedestrian refuges, one near basketball court, other near tennis court, signage and linemarking upgrades, wire rope

$80,000

S/08277

Kurrajong Road Boronia Road, North St Marys -

Central median island (Trief kerb), curve alignment markers, and raised pavement markers on centre and edge lines

$60,000

S/08419

Gascoigne Street and Phillip Street, Kingswood -

Single lane roundabout

$160,000

 

TOTAL:

$400,000

 

The funding allocation of $400,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2015/16 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2016, a deadline which can be achieved as preliminary design assessment is currently underway.

 

In addition, Council has secured two projects under the Roads and Maritime Services’ (RMS) funded ‘Safer Roads Program 2015/16’ to the value of $301,000 and these are shown below in Table 2 below.

 

TABLE 2

Projects Approved for 2015/16 Safer Roads Program

Project Number

Project Description

Allocation

S/08523

KINGS HILL ROAD Between Chain-O’Ponds Road

and The Northern Road, MULGOA -

Install warning signs, curve advisory signs, shoulder,

CAMs, remove hazards from clear zone

$166,000

S/08519

RICHMOND ROAD & COOPER STREET, PENRITH -

Install seagull, MIST and upgrade to stop

$135,000

 

TOTAL:

$301,000

 

The funding allocation of $301,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2015/16 financial year.  A condition of acceptance is that all projects must be completed prior to 30 April 2016, a deadline which can be achieved as preliminary design assessment is currently underway.

 

Conclusion

Funding of this level for the two programs, to a total value of $701,000 should be recognised as a significant achievement for Council, and it is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local roads within the Local Government Area.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding be received.

2.    Council accept grant funding of $400,000 offered for the five successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Nation Building Black Spot Program for the 2015/16 financial year.

3.    Council accept grant funding of $301,000 offered for the two successful Black Spot Projects shown in Table 2, under the 100% State Funded Safer Roads Program for the 2015/16 financial year.

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

5.    Council write to the State Member for Penrith, the Hon Stuart Ayres MP and the State Member for Mulgoa, Mrs Tanya Davies MP thanking them for their continued support of road safety improvements.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

7        Werrington Community Cottage                                                                                      52

 

8        Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park                                          57

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

7

Werrington Community Cottage   

 

Compiled by:               Judy Cobb, Neighbourhood Facilities Co-ordinator

Authorised by:            Yvonne Perkins, Public Domain Amenity and Safety Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Manage neighbourhood facilities  using adopted management practice

      

 

Executive Summary

Werrington Community Cottage has been closed since it was damaged by fire in December 2013.  All user groups were successfully relocated to other neighbourhood facilities in the Werrington area.  They continue to operate at the same time and on the same day that they would normally have met at the Cottage.

 

Council’s insurer investigated the fire and advised that should Council choose not to carry out the repairs the insurer would support a cash settlement of $56,000.  (The projected cost to repair the damage was $66,000).

 

Since the fire the Werrington Community Cottage management committee has stood down and all records, books and property have been returned to Council. 

 

This report recommends that Werrington Community Cottage be demolished and that the service of the Committee be recognised through a morning or afternoon tea and presentation of certificates in acknowledgement of volunteering undertaken over a number of years.

Background

Werrington Community Cottage was damaged by fire in late December 2013.  The building was closed at the time for the Christmas / New Year holiday period and has remained closed ever since.   All of the Cottage user groups were relocated to other neighbourhood facilities and have continued to meet in the Werrington area at the same time and on the same day that they would normally have met at the Cottage. Their hire fees have also remained unchanged.

 

Following the fire, Council’s insurer appointed a Loss Adjuster who has advised of the following:

 

·    The cause of the fire was a suspected electrical fault

·    The projected cost to repair the building is $66,000

·    The estimated cost to demolish the building is $56,000

·    Identified risks associated with the cottage include isolation of the site, evidence of vandalism and prior losses including a previous fire

·    The building presents a higher than normal risk in relation to malicious attack

·    The surrounding trees present additional risks

·    Should Council choose not to carry out the repairs the insurer would support a cash settlement of $56,000. 

 

Council has two years from the date of the fire to make a decision regarding this matter.

 

The Werrington Community Cottage Management Committee was initially placed in ‘standby mode’. They were kept informed of the insurance process and regular contact was maintained with  Cottage user groups to ensure that the facilities that they were relocated to have continued to meet their needs.  This Committee was a Section 355 committee of Council.

 

Communicating with the Management Committee and Cottage Users

Council staff met with the Cottage Management Committee on 11 February 2014 to provide the Committee members with information regarding the insurance process and to place the Committee in ‘standby mode’. 

 

Council Officers met with the Committee again in May 2014 to advise that a report had been received from Council’s Insurer and that the findings would need to be considered in conjunction with the Neighbourhood Facilities Capacity Review.  

 

Council Officers also consulted with the Cottage user groups in May 2014 to ensure that their needs were being met at their new facility.   Every group declined an offer to be relocated to another local facility should they be unhappy with their new accommodation. 

 

Aside from the questions raised by individual Management Committee members and one user group, Council only received one general enquiry from a member of the public in October  2014 regarding the future of Werrington Community Cottage. 

 

Neighbourhood Facilities Capacity Review

In August 2014 Council engaged Hames Sharley (WA) Pty Ltd to undertake the Neighbourhood Facilities Capacity Review.  This review has been completed and the draft findings presented to the Finance Working Party on 9 March 2015.

The aim of the review was to provide Council with a better understanding of the capacity, functionality and performance of each neighbourhood facility from both a financial and social perspective. 

Based on overall findings of the review, which included both qualitative and quantitative data, and prior to the fire, Werrington Community Cottage was ranked as one of the lowest performing facilities in terms of utilisation, functionality (capacity to meet user group needs and provide planned community benefit), condition, and financial performance.

 

Utilisation Data

Prior to the fire the overall utilisation rate of Werrington Community Cottage was low with the three available rooms being used 18.5% between 9:00am and 5:00pm and 20% between 5:00pm and 10:00pm.   

 

All of the groups that met at the Cottage are open to residents of the broader Penrith LGA and do not target the specific needs of those people living in the Werrington area.  Most groups have an average of 20 members with the exception of the Werrington Spiritual Church that can have up to 60 people present on any given night.  Aside from Werrington Elderly Care and the Spiritual Church all of the user groups are classified as hobby or interest groups.

 

 

 

 

Functionality

Werrington Community Cottage is an old fibro house that was donated to Council in 1980.  Though a small addition was built onto the Cottage around 1987, the facility presented a number of ongoing challenges for Council and the user groups. 

 

A Disability Access Audit of the Cottage (conducted in 2013) identified that there are a number of access requirements that would need to be addressed at the Cottage.  These include:

 

1.   Provide compliant accessible toilet

2.   If shower is to be provided, provide compliant amenity

3.   Provide compliant Kitchenette

4.   Lower switches for access

5.   Provide alternative compliant exit

6.   Enlarge door openings

 

The estimated cost to carry out this work is $82,000 ex GST. This estimate is based on known costs as well as the Rawlinson Construction Cost Guide (2013).

 

Other access issues include:

 

·    The Cottage is not used by the local community development project (Werrington Community Projects Inc) due to design and access issues.   Though an OOSH service operated from the facility a number of years ago the service was discontinued as the Cottage did not comply with the National Standards for Outside School Hours Care.  

·    The Cottage is not suitable for private functions due to the layout and size of the meeting rooms.  Therefore the capacity to generate an income from weekend private events to subsidise community use during the week is limited.

·    There were ongoing Work, Health and Safety concerns for Cottage users due to the close proximity of the Cottage to Werrington Reserve.  In particular there have been ongoing issues with falling tree branches and trip hazards due to tree roots. 

 

Community Facilities Provision in Werrington

There are a number of neighbourhood facilities located in the Werrington area.  These facilities include:

 

·    Harold Corr Large Hall (capacity 180 people)

·    Harold Corr Small Hall (capacity 40 people)

·    Werrington Youth Centre (capacity 70 people)

·    Arthur Neave Memorial Large Hall (capacity 110 people)

·    Arthur Neave Memorial Small Hall (capacity 40 people)

 

With the exception of Arthur Neave Memorial Hall all of the above listed facilities are located within 100m from Werrington Community Cottage.  Arthur Neave Memorial Hall, Werrington (located only 2.3km from the Cottage) currently complies with Australian Disability Access Standards.    The relocation of Werrington Elderly Care from Werrington Community Cottage to Arthur Neave Memorial Hall has significantly reduced Council’s exposure to risk as well as the level of risk for the elderly participants and the volunteers who run the program.

 

The Werrington Spiritual Church, with up to 60 members, has been successfully relocated to the nearby Werrington Downs Neighbourhood Centre.

In addition to the facilities listed above, Council also has Cambridge Park Hall (hall capacity 110, meeting room capacity 30) that has the capacity and availability to accommodate the Cottage users at the times and days they currently meet.

 

Financial Considerations

Though private functions are not permitted at the Cottage, the longstanding nature of the user groups gave the Management Committee the capacity to pay for the day to day operating costs of the Cottage and invest some funds for one-off projects such as painting. 

 

However, over the last three years of operation the building maintenance costs incurred by Council for the Cottage have increased steadily from $4,864 in 2010/11, to $9,038 in 2011/12 and $11,411 in 2012/13 financial year.  These figures did not include other costs to Council such as security, insurance, garbage and staff costs (totalling $28,028 in 2012/13).

 

In addition, the projected ten (10) year asset renewal costs to keep the Cottage at today’s standard (prior to the fire and without addressing the required disability access modifications) are estimated to be $251,621 (ex GST). This figure does not include the ongoing operational costs, the ongoing maintenance costs or the cost to upgrade furniture or fitout. 

 

Disbanding of the Management Committee

On 5 March 2015 a meeting was held with Werrington Cottage Management Committee members to provide them with an update on the review process and advise that a decision regarding the future of the Cottage had not yet been made.  The Committee Members advised that they had decided that they would stand down from the Committee. 

 

They have subsequently returned all records, books, and property to Council. There are no outstanding invoices or payments owed to the committee or Council.  Council staff are in the process of finalising all details with the bank to have any remaining funds left in the committee bank accounts transferred to Council.

 

Conclusion

Given the information contained in this report, it is recommended that Werrington Community Cottage be demolished.  Any funds remaining from the cash settlement after the demolition process is completed would be directed towards other facilities in the Werrington area (eg improved storage).  All fit-out and furniture would be relocated to other facilities or, if not required, disposed of according to Council policy. 

 

It is also recommended that the Werrington Community Cottage Management Committee be formally dissolved through a motion of Council and that the service of the Committee be recognised through a morning or afternoon tea and presentation of certificates.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Werrington Community Cottage be received.

2.    Werrington Cottage, located at 13-19 Cottage Street, Werrington be demolished.

3.    The Werrington Community Cottage Management Committee be formally dissolved.

4.    A morning or afternoon tea be held for the Management Committee members in recognition of their service to Council.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

8

Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park   

 

Compiled by:               Ari Fernando, Major Projects & Design Co-ordinator

Rosemarie Canales, Architectural Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Manage the delivery of Council's major infrastructure projects

      

 

Executive Summary

As part of a Voluntary Planning Agreement (VPA), developers have constructed the southern playing fields for the Glenmore Park Stage 2 or Mulgoa Rise development which are now open for public use. The second stage of the works is for Council to design and construct the northern playing fields and central amenities block in accordance with the VPA and to the budget according to the contribution amount collected from the relevant parties to the VPA.

 

Council engaged design & project management consultants for the delivery of northern playing field, field lighting, irrigation and the amenities block.  On completion of construction tender documents, the tender (RFT 14/15-16) for the Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue, Glenmore Park was advertised in the Western Weekender on Friday 27 March 2015 and Sydney Morning Herald on Tuesday 31 March 2015. The tender closed on 22 April 2015.

 

This report advises Council of the outcome of the tender process and recommends that Council does not accept any tenders for the Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue, Glenmore Park, and that fresh tenders be called for civil works & landscape works, including irrigation and lighting, with minor adjustments to suit the site conditions.

 

Background

Developers agreed to enter into a Voluntary Planning Agreement (VPA) with Council.  The VPA proposed to deliver all infrastructure described in the GP2, S94 Contributions Plan and the applicable monetary contributions for the Cultural Facilities and District Open Space Contributions Plans.

 

The advertisement sought tenders from suitability experienced Building & Civil Contractors to carryout construction of the following:

·    amenities building & detached storage building,

·    sportsfield construction including lighting, irrigation & drainage works,

·    carpark construction, including lighting, landscaping & associated works

 


Tender Evaluation Committee

The Tender Evaluation Committee consisted of Laura Schuil (Supply Officer - Contracts), Ari Fernando (Major Projects and Design Coordinator), Rosemarie Canales (Architectural Supervisor - Design and Projects), and was chaired by Michael Jackson (Design and Projects Manager).

Tenders Received

A full listing of the tenders received is below in alphabetical order.

 

Company

Company Location

ALPALL P/L BUILDERS

PO BOX 710   SPRINGWOOD  NSW  2777 Australia

Ceecorp Pty Limited

Po Box 1210  Bondi Junction NSW 1355 Australia

DELTABUILD CONTRACTORS PTY LTD

UNIT 32/11-21 UNDERWOOD RD   HOMEBUSH NSW 2223 Australia

Design Landscapes Pty Ltd

586 Willoughby Rd  Willoughby NSW 2068 Australia

Glascott Landscape and Civil

Unit 4/15-17 Chaplin Drive  Lane Cove NSW 2066 Australia

IQON Pty Ltd

41 Colbee Court   Phillip ACT 2606 Australia

Landscape Solutions

16 Distribution Place  Seven Hills  New South Wales 2147 Australia

M & M Prpic Pty Ltd

42 Box Road  Casula NSW 2170 Australia

North Shore Paving Co. Pty Ltd

16 Moore Avenue  Lindfield West NSW Australia

Statewide Civil Pty Ltd

13/36 Abbott Road  Seven Hills NSW 2147 Australia

Structus Pty Ltd

Level 4.01 / 6a Glen Street  Milsons Point  NSW 2061 Australia

 

At the time of tender closing, ten tenders had been received electronically with a further tender received from IQON Pty Ltd shortly after tender closing time.

 

Lump Sum Tender prices received for all works included

 

·    Construction of an amenities building

·    Sportsfield construction including lighting, irrigation & drainage

·    Carpark construction, including lighting, landscaping & other works &

·    Installation of sportsfield lighting, irrigation & associated connections

 

Provisional sums were sought for the Construction of detached storage building & tree planting as these items could be undertaken by Council if athletics facilities were not required.

 

The tenders received were not consistent with the anticipated costs for the amalgamated project and therefore it is considered appropriate to review the scope and consider a two part pricing for civil works and amenities building separately.  Most notably, the amenities building cost item was assessed as being significantly outside of expectations and this building will now be redesigned accordingly.

 

To save time on redesign and re-tender for entire facility including civil works and the amenities building, it is appropriate to consider the tendering process to be undertaken in two stages, first for the civil works and landscaping with only minor amendments, and then a revised tender for the amenities

Tender Advisory Group (TAG) Comment

The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider a tender for the Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue, Glenmore Park.

 

Under clause 178 (1) of the Local Government (General) Regulation 2005 a Council has the option to either accept the tender that appears most advantageous in the circumstances or decline to accept any of the tenders. This decision must be taken by a resolution of the Council.

 

Under a tender process, occasionally new information becomes available and it may be prudent to call for a new tender that may lead to a better outcome for the City.

 

The TAG supports the decision of the Committee not to accept any tender and to commence a new tender process for the civil works and landscaping only at this stage and undertake a tender process for the amenities building when the design of the revised amenities building scope is finalised.

 

Conclusion

The tenders received were not consistent with the anticipated costs for the amalgamated project and therefore it is considered appropriate to review the scope of the amenities and consider a two part pricing for civil works and amenities building separately. 

 

It would appear that one major component of the tender prices, being the amenities building cost item, is significantly outside of expectations and this building will now be redesigned accordingly.

 

It is appropriate that all tenderers be appreciated for their tender submission and encouraged to submit a tender price only for civil works & landscape works, including irrigation and lighting.

 

A further second stage tendering process for the amenities block be undertaken when the revised scope is finalised.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park be received.

2.    In accordance with Section 178 (1)(b) of the Local Government (General) Regulation 2005 that the Council not accept any tender for the Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park.

3.    In accordance with Section 178 (3)(b) of the Local Government (General) Regulation 2005 that Council invite fresh tenders for civil works & landscape works, including irrigation and lighting with minor adjustments to suit the site conditions.

 

 

4.    A further tender for the amenities block be undertaken when revised scope of work is completed.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

9        Penrith CBD Detailed Overland Flow Flood Study                                                          64

 

10      Drainage Issues at Littlefields Road, Mulgoa                                                                   71

 

11      Fire and Rescue NSW Fire Safety Report                                                                      75

 

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

9

Penrith CBD Detailed Overland Flow Flood Study   

 

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

Elias Ishak, Senior Engineer Stormwater

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

 

Outcome

We care for our environment

Strategy

Minimise risks to our community form natural disasters

Service Activity

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

      

 

Executive Summary

The purpose of this report is to advise Council that the Penrith CBD Detailed Overland Flow Flood Study has been completed.  The flood study provides a comprehensive analysis of the Penrith CBD flooding and defines the flood behaviour and an estimate of flood damages for a range of flood events under the current floodplain condition.

 

This report recommends that the Penrith CBD Detailed Overland Flow Flood Study be adopted and a communication strategy be implemented to disseminate the study results.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas.  Under the Policy the management of flood prone land remains the responsibility of Local Government.  Policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.

 

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

 

Floodplain Risk Management Studies and Plans for various catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains.

 

In 2006 Council undertook an “Overland Flow Flood Overview Study for the entire Local Government Area to:

 

a)   Identify and map all major overland flow paths;

b)   Define local flood behaviour in the study area;

c)   Assess provisional flood hazard for properties at risk of flooding; and

d)   Rank catchment areas in terms of severity of flooding and to assist Council for prioritising catchment areas to undertake detailed flood studies.

 

The Overland Flow Flood Overview Study, 2006 details the existing forty (40) creek systems and their catchment areas and prioritises these catchment areas based on their severity of flooding.  To effectively manage the multitude of studies across the LGA, the catchment areas have been grouped into twenty four (24) Study Areas.  As previously reported to Council the study areas have been prioritised and are programmed to complete all floodplain risk management studies and plans.

 

The preparation of a Floodplain Risk Management Plan involves the following four stages:

 

a)   Data Collection - compilation of existing data and collection of additional data;

b)   Flood Study - determines the nature and extent of the flood;

c)   Floodplain Risk Management Study - evaluates the options for the floodplain for both existing and proposed development; and

d)   Floodplain Risk Management Plan - the formalisation of an appropriate floodplain risk management plan for the study area.

 

Penrith CBD Catchment has been identified as the highest priority catchment from the 2006 report; requiring a flood study and a floodplain risk management plan to effectively manage overland flows.  The Flood Study represents the first two stages of the floodplain risk management process.  The data collection and the detailed Flood Study for the catchment commenced a few years ago and has now progressed to completion.

 

The Penrith CBD study area is located on the southern side of the Railway line and is generally bounded by The Northern Road to the east, Jamison Road to the south and Mulgoa Road to the west. The study covers an area of approximately 340 hectares (or 3.4 square kilometres) and comprises the Penrith Central Business District and surrounding suburbs. The study area is highly urbanised and includes an extensive pit and pipe drainage system which includes Corporation Drain, Showground Channel and Racecourse Channel.

 

The primary objectives of the flood study are to define the flood behaviour, provisional hazard and hydraulic categories and also to estimate any flood damage for a range of flood events under current floodplain conditions.  The Flood Study will form the basis for the next level of studies; the Floodplain Risk Management Study and the Floodplain Risk Management Plan.

 

The Penrith CBD Catchment Detailed Overland Flow Flood Study has now been complete and provides information for a range of flood events.  Once the flood study is adopted, Council will use the results of the study for determining Flood Planning Areas and subsequently the application of the section 149 flood planning notations.

 

Communication Strategy

When the flood study is adopted by Council, it is required to disseminate flood information and to apply s149 flood planning notations to those properties affected by the FPL.

 

In consultation with Council’s Communications Team a communications strategy was developed. Communications will include direct contact with property owners as well as a broader media campaign as outlined below:

 

Direct contact:

a)   Council write to all property owners in the catchment, advising them the flood study has been adopted and provide an overview of the process;

b)   Provide a link on our web site to the study documents (including mapping);

c)   Prepare and distribute a Fact Sheet (Appendix 1) to clarify or answer any anticipated questions. The Fact Sheet will also be made available through Council’s webpage. The proposed Fact Sheet is attached;

d)   Assign a staff member and contact telephone line so that any questions or related matters raised by the property owners can be answered;

e)   Make staff available for one-to-one discussion if required. For this purpose it is proposed that the property owners interested will be asked to register with Council to attend a one-to-one discussion as this may require input from Development Services or Engineering Services;

 

Broader communications activities:

f)    Key messages (based on the Fact Sheet) will be provided to Councillors, customer service and other appropriate staff to ensure consistent responses are given and enable staff to feel comfortable in responding to enquiries;

g)   Media Release detailing the study has been adopted;

h)   Highlight current and scheduled mitigation works and the benefit to community (as appropriate);

i)    Advertisements on Council’s Corporate News Page about adoption of study; and

j)    Content on Council’s Corporate News Page advising the new studies which have been completed and adopted.

 

Floodplain Risk Management Study and Plan

The next stage of the floodplain management process is to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plans for the study area.  Council has now planned to commence the Floodplain Risk Management Study in the 2015/16 financial year subject to adoption of the flood study and also securing adequate grant funding from the NSW Government.  Council has already applied for grant funding under the NSW Government’s Floodplain Management Program 2015/16 for this purpose. 

 

The adoption of the Flood Study is important for proceeding with the next level studies which are for undertaking a Floodplain Risk Management Study and developing a Floodplain Risk Management Plan for the study area.

 

Conclusion

The Penrith CBD Catchment Detailed Overland Flow Flood Study is now complete.  Once the study is adopted by Council it is proposed to disseminate flood information, update s149 flood planning notations and advise property owners about the studies as per the communication strategy detailed above.  It is also proposed to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plans for the study areas.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith CBD Detailed Overland Flow Flood Study be received.

2.    The Penrith CBD Detailed Overland Flow Flood Study 2014 be adopted.

3.    The Penrith CBD Detailed Overland Flow Flood Study 2014 be made available to the public through Council’s website.

4.    Council implement the communication strategy detailed in the body of the report to advise property owners and the public of the adoption of the flood study.

5.    Council update s149 (2) flood planning notations by including properties identified by the Penrith CBD Detailed Overland Flow Flood Study 2014 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

 

 

 

ATTACHMENTS/APPENDICES

1.  

Fact Sheet - Penrith CBD Detailed Overland Flood Study

3 Pages

Appendix

2.  

Penrith CBD Detailed Overland Flood Study

251 Pages

Attachments Included

 Under Separate Cover (Website)

  


Ordinary Meeting                                                                                                                  25 May 2015

Appendix 1 - Fact Sheet - Penrith CBD Detailed Overland Flood Study

 

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Ordinary Meeting                                                                                                    25 May 2015

 

 

 

10

Drainage Issues at Littlefields Road, Mulgoa   

 

Compiled by:               Colin Wood, Coordinator Fire Safety and Certification

Authorised by:            Tracy Chalk, Waste and Community Protection Manager 

Requested By:            Councillor Karen McKeown

 

Outcome

We care for our environment

Strategy

Support our communities to live more sustainably and use resources wisely

Service Activity

Manage resource recovery and waste collection services

      

 

Executive Summary

This report has been prepared following a request from Councillor Karen McKeown that no scheduled maintenance of Littlefields Road, Mulgoa take place and that a report be prepared on drainage issues and the change in overland flow as a result of development on neighbouring properties near 87 Littlefields Road, Mulgoa.

 

Council Officers were aware of unauthorised development at 67 Littlefields Road and this has recently been removed.  The property at 73-79 Littlefields Road has a truck and a large hardstand area. 

 

The water problems were observed during a period of heavy rainfall and it would appear that neither of the neighbouring properties are exacerbating the problems.  The water over the roadway is a combination of natural run-off and the need to complete routine maintenance of the culvert in front of 87 Littlefields Road and grade the shoulder of the road. 

Background

Council Compliance and Engineering Officers have completed investigations of both 67 and 73-79 Littlefields Road as these are closest to 87 Littlefields Road and the properties most likely to influence a change in overland flow causing the water to pond over the roadway. 

 

67 Littlefields Road, Mulgoa

In December 2013 concerns were raised with Council regarding the operation of an animal boarding and breeding establishment being run from the property 67 Littlefields Road, Mulgoa.

 

As a result of investigations into the use of the premises, notices and orders were served on the property owners requesting them to cease operating the unauthorised animal boarding and breeding establishment from the property and to remove the unauthorised structures and shipping containers. This property is also included in the Committee of the Whole report for tonight’s meeting.

 

As a result of compliance action, the structures and shipping containers have all been removed from the site. 

 

If these unauthorised works were contributing to the increased water flow to Littlefields Road, this is no longer the case.

 

 

73-79 Littlefields Road, Mulgoa

This property has a dwelling, large shed and some minor structures that are quite old.  This property is located between 67 Littlefields Road and 87 Littlefields Road.

 

The owners of the property have a truck and there is also a large hardstand area.  A search of Council records revealed the dwelling and shed have been approved.  The minor structures have been there for some time and are not contributing to the stormwater nuisance.

 

Current Situation

There is a natural watercourse running through 67, 73 and 87 Littlefields Road.  There is a culvert under Littlefields Road and this is located approximately half-way along No. 87.  The culvert is heavily grassed and needs some routine maintenance to clear it and allow water to flow beneath the roadway.

 

Council Officers inspected Littlefields Road under heavy rain conditions on 20 April 2015.  At the time of the inspection, Officers identified water over the roadway near 73-79 Littlefields Road. 

 

The attached photographs taken by Council’s Engineer indicate water over the roadway and this is flowing naturally off 73-79 Littlefields Road.  There is water flowing down the roadway in front of 67 Littlefields Road; however, there is no direct diversion of water from this property.

 

 

Photograph No.1:  A view looking east showing the entrance

driveway to 73-79 Littlefields Road on the left of view

 

 

Photograph No.2:  A view looking west taken from the entrance to

73-79 Littlefields Road. Water is flowing naturally from east to west.

This is the major contributor to the water problem.

 

 

Photograph No.3:  A view of the driveway to 73-79 Littlefields Road

showing some water coming off the property. 

This is not the major source of the water problem.

 

 

Photograph No.4:  A view of the culvert at the natural watercourse

in front of 87 Littlefields Road showing the overgrown vegetation

and the need for some routine maintenance.

 

The drainage issues and the change in overland flow will be remedied by grading the shoulder in front of 73-79 Littlefields Road and removing overgrown vegetation. 

 

Conclusion

This matter has now been referred to Council’s City Works for remediation.

 

 

RECOMMENDATION

That the information contained in the report on Drainage Issues at Littlefields Road, Mulgoa be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

11

Fire and Rescue NSW Fire Safety Report   

 

Compiled by:               Colin Wood, Coordinator Fire Safety and Certification

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We care for our environment

Strategy

Support our communities to live more sustainably and use resources wisely

Service Activity

Deliver education and communication programs

      

 

Executive Summary

Council is in receipt of reports from Fire and Rescue NSW concerning fire safety issues at properties in the Penrith Local Government Area.  Fire and Rescue NSW inspect sites as part of their duties either routinely or on request. The premises highlighted in this report were inspected following a complaint received.  Details of the complainants were not provided.

 

Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection by Fire and Rescue NSW to be tabled at a Council meeting.

 

Most of the issues raised by Fire and Rescue NSW were of a minor nature and some had already been addressed prior to Council Officers inspecting the premises.  Other issues may take longer to resolve and this could result in the issue of fire safety orders.

 

This report recommends Council continue to monitor the premises as part of its Fire Safety Audit Program with a view to ensuring essential fire safety measures are being maintained in the buildings. It is also recommended that Council advise Fire and Rescue NSW of its decision.

Statutory Process

The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act (the Act).  This report relates to such a circumstance where Fire and Rescue NSW has advised Council of fire safety issues and requested Council to determine the matter.

 

Under Section 118L of the Act, Fire and Rescue NSW can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing.  In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.

 

When a Council receives advice from Fire and Rescue NSW that they have inspected a premises under Section 118L of the Act, a report must be tabled to a meeting of the Council to determine whether or not it will exercise its powers under the Act to give an Order to rectify the situation.  Council must also give notice of its determination to the Commissioner of Fire and Rescue NSW.


 

 

The details of Fire and Rescue NSW and Council inspections are summarised in the following Table:

 

Premises

Fire and Rescue NSW Comments

Council Work Required

1 Memorial Avenue, Penrith

Motel

 

·   Complaint to Fire & Rescue NSW concerning smoke detectors which were allegedly painted over and there were non-compliant fire hose reels.

An inspection of the premises revealed that 10 power points had been pulled away from the wall but no smoke detectors had been painted over.

 

The manager of the premises advised that the power points had been pulled clear of the walls while the rooms had been painted. The manager was advised to re-fit the power points and this was completed at a subsequent inspection by Council Officers. 

 

Fire Hose Reels were compliant at the time of the inspections.

 

The premises have been added to Council’s Fire Safety Audit program.

 

62-72 Batt Street, Penrith

 

·   Complaint to Fire and Rescue NSW concerning exit signs, exit lights, emergency lights and paths of travel

 

An inspection of the premises by Fire and Rescue NSW Officers revealed that the complaint was not justified. No further action.

 

385 Great Western Highway, St Marys

·   Inspection report received from Fire and Rescue NSW regarding inadequate fire safety measures within the building.

An inspection of the premises revealed that the commercial building had been illegally converted into four (4) residential units. The units had minimal fire safety measures in place and concerns were raised by Council’s Officers regarding fire separation, egress and the general safety of the occupants of the building.

 

Council served an Emergency Order to cease use of the premises.  A reinspection of the building identified it is now vacant.

 

Council Officers are involved in ongoing discussions with the owner of the premises regarding the future use of the building.

148 Station Street, Penrith

·   Complaint to Fire and Rescue NSW concerning egress from the premises and fire separation issues.

An inspection of the premises revealed that some of the door handles were not the required lever handle action type. A locked steel gate was also impeding egress from the rear of the premises and this has since been rectified by the owner of the premises.

 

A Notice of Intention has been served on the owners to install compliant lever handle action latches.

 

The premises have been added to Council’s Fire Safety Audit program.

 

122 Station Street, Penrith

·   Inspection report from Fire and Rescue NSW concerning blocked exits, obscured exit signs and excessive volumes of stock within the premises.

An inspection of the premises by Council Officers revealed the issues have been rectified.

 

No further action is necessary.

 

Conclusion

All fire safety issues identified by the Fire and Rescue NSW and Council will need to be addressed by the owners of the premises. In this regard, it is recommended that Council continue to monitor these properties as part of its Fire Safety Audit Program.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Fire and Rescue NSW Fire Safety Report be received.

2.    Council continue to monitor properties as part of its Fire Safety Audit Program.

3.    Council Officers update Fire and Rescue NSW of its decisions.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


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

 

Item                                                                                                                                                Page

 

12      Draft Keeping of Animals Local Orders Policy                                                                80

 

13      Update on the Fire at Severn Street, St Marys                                                                82

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

12

Draft Keeping of Animals Local Orders Policy   

 

Compiled by:               Anthony Price, Environmental Health Coordinator

Authorised by:            Paul Lemm, Development and Environmental Health Manager

Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Contribute to the health and wellbeing of the City's community

      

 

Executive Summary

Animals are an important part of the community providing benefits such as companionship and social wellbeing, although in some circumstances poor management and inappropriate care of animals can impact on residential amenity in terms of noise, odour, property damage, health and safety.

 

Council officers often receive enquiries and investigate complaints in relation to animals and the condition of a premises, impacts on surrounding properties (typically from waste, odour or noise), or in relation to more general nuisance from animal behaviour. Generally less formal options are attempted first, but in some circumstances Council Officers will need to issue an Order under the Local Government Act 1993 (the Act) to ensure owners meet their pet ownership responsibilities.

 

A draft Keeping of Animals Local Orders Policy has been prepared to inform the community on the recommended criteria (or guidelines) Council Officers will take into consideration when determining whether or not to issue an Order under Section 124 of the Act. This version of the draft Policy has also been prepared with consideration of feedback provided by the Policy Review Committee in April last year. The main improvements include clearer guidelines on the numbers of animals that can be kept at a residential premises.

 

It is proposed the attached draft policy be placed on public exhibition for 30 days to allow the community an opportunity to provide comments before it is finalised and presented to Council for adoption.

 

Draft Keeping of Animals Local Orders Policy

The Local Government Act 1993 (the Act) permits local councils to prepare a local orders policy that, if adopted, specifies criteria councils must take into consideration in determining whether or not to issue an Order under section 124 of the Act.

 

The main orders used under the Act in relation to the keeping of animals include:

 

·    Order 18 - Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order

·    Order 21 - To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition

 

This draft Local Orders Policy has been prepared in accordance with the Act to achieve the following objectives:

 

1.   To provide guidelines for local residents on what is usually considered an appropriate number and kind of animals which may be kept; and

2.   To ensure the keeping of animals does not result in unhealthy or unsafe conditions or cause a nuisance to others, and

3.   To outline criteria Council will take into consideration when determining whether or not to issue an Order in relation to the keeping of animals.

 

The draft policy applies to the keeping of most common animals in residential areas of the City, and more generally the keeping of these animals as domestic pets in all areas of the City. The policy does not apply to the keeping of animals for commercial or agricultural purposes.

 

It is also important to note the draft Policy has been prepared to compliment and not duplicate Council’s responsibilities under the Companion Animals Act.

 

Conclusion

Animals are an important part of the community providing benefits such as companionship and social wellbeing, although in some circumstances poor management and inappropriate care of animals can impact on residential amenity in terms of noise, odour, property damage, health and safety. In some circumstances Council Officers will need to issue an Order under the Local Government Act 1993 (the Act) to ensure owners meet their pet ownership responsibilities.

 

A draft Keeping of Animals Local Orders Policy has been prepared to inform the community on the recommended criteria (or guidelines) Council Officers will take into consideration when determining whether or not to issue an Order under Section 124 of the Local Government Act.

 

It is proposed the attached draft policy be placed on public exhibition for 30 days to allow the community an opportunity to provide comments before the policy is finalised and presented to Council for adoption.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Keeping of Animals Local Orders Policy be received.

2.    The draft Keeping of Animals Local Orders Policy be placed on public exhibition for 30 days to seek comment from the community.

 

 

ATTACHMENTS/APPENDICES

1.  

Draft Keeping of Animals Policy

16 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

13

Update on the Fire at Severn Street, St Marys    

 

Compiled by:               Colin Wood, Coordinator Fire Safety and Certification

Anthony Price, Environmental Health Coordinator

Authorised by:            Tracy Chalk, Waste and Community Protection Manager

Paul Lemm, Development and Environmental Health Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Contribute to the health and wellbeing of the City's community

      

 

Executive Summary

On 17 January 2015 a fire broke out on an industrial site at 11 Severn Street, St Marys. The site was used for the recycling of waste vegetable oil to produce biodiesel.  The fire damaged buildings on this site and affected neighbouring properties (9 & 13 Severn Street).  Contaminated water entered Ropes Creek and South Creek.

 

Council Officers have been working with the Environment Protection Authority (EPA) to remediate the site and surrounding creek systems.

 

This report provides Councillors with an overview of the works completed, the status of the premises involved and the way forward.

 

Background

Fire and Rescue NSW and the EPA provided the initial emergency response to the incident. Council’s Local Emergency Management Officer (LEMO) organised assistance to contain run-off from the fire and notify property owners immediately downstream from the site.

 

As a result of the fire, contaminated water entered Ropes Creek and South Creek. The EPA issued initial clean-up directions to the occupier of the site.  Controls instigated by the EPA at the time of the incident included containment bunding, sucker trucks to remove polluted water and flushing the creek to dilute any pollutants and minimise impacts on the creek ecosystem.

 

Management for ongoing clean-up was handed over to Council immediately after the incident site was brought under control by emergency response agencies. Council Officers are aware of the significance of impacts on the creeks and have been working continuously on the environmental clean-up and overseeing the incident site clean-up.

 

Council’s involvement over recent months with affected land owners and their consultants has resulted in the removal of oil deposits and fire affected structures on 9, 11 and 13 Severn Street, St Marys, which has now minimised the possibility of further pollution.  With these pollution sources removed, the parties are now undertaking remediation of the affected properties, creeks and drains. Once remediation works are complete, Validation Certificates will be required demonstrating compliance with the National Environment Protection Measure 1999 (as amended 2013).

 

The owners of the premises have been cooperative with Council Officers.  The owners and their contractors have cleaned up much of the incident site and surrounds.  The site will require ongoing maintenance and monitoring.

 

Council Officers have issued penalty notices to the tenant of 11 Severn Street for breaches of the Environmental Planning and Assessment Act

 

The EPA’s Specialist Investigation Unit has recently indicated they intend to prosecute the operator of the factory for breaches relating to water pollution and licensing requirements. Council Officers are assisting the EPA in their action.  In addition, Council Officers may also be called upon by the EPA to provided evidence should these matters proceed to Court.

 

Current Situation

Staff from both the Environmental Health and Compliance Teams have been involved in the monitoring and clean-up of the site and surrounds. 

 

Water quality

Council’s Environmental Health Team conducted water sampling and visual assessments along South Creek.  Water samples were taken from various locations in the period after the incident. Details of the water sampling were regularly updated on Council’s website during this time. In general the water sampling results outlined the following:

 

1.       Water quality has generally improved at each sampling location since the Severn Street fire incident.

2.       Higher levels (e.g., some metals and nutrients) were identified both upstream and downstream of the Severn Street fire incident site. This suggests higher levels identified at downstream sampling locations may not be directly attributed to the incident.

3.       Poor water quality was identified at the Links Road location within the containment and clean-up area. Pollutants identified include heavy metals, nutrients, hydrocarbons, oils and grease.

4.       The most significant impacts appear to be confined to the containment and clean-up area, as the same pollutants were not identified at any of the sampling locations downstream of Links Road.

5.       The current containment and clean-up measures appear to be mitigating any further downstream impacts on Ropes Creek and South Creek.

 

The Environmental Health Team is continuing to undertake water sampling of the catchment.

 

In addition, the South Creek Community Bass Club (SCBC) also provided water quality results to Council for sampling carried out by them near Dunheved Circuit, St Marys. The Club tested for a broad range of chemical compounds. These results were reviewed by Council and the EPA.

 

All but two chemical compounds were identified as being below the limit of reporting, which means the chemical compounds were not detectable. Further advice was requested from the EPA in relation to Toluene and 3- & 4-Methylphenol and the following advice has been provided by EPA scientists:

 

The concentrations of toluene (4ug/L) in the SCBC sample is thousands of times lower than the concentrations required to cause acute effects in fish or other aquatic life. The current Australian water quality guideline trigger value (low reliability) is 180ug/L, which gives a good indication that this result is not of environmental concern.

 

Similarly 3- & 4-Methylphenol (cresol) (CAS No. 1319-77-3) at 14ug/L, is thousands of times lower than concentrations required to elicit an acute toxic effects in fish and other aquatic life. There are a number of different types of cresols which aren’t differentiated in this analysis. Cresols are produced naturally by bacteria and different forms can be used as disinfectants, in fragrances, wood preservatives etc. Its presence at low concentrations in this sample may be due to a combination of natural and man-made sources, but again it is not at a concentration of environmental concern.

 

In summary, the results for Toluene and 3- & 4-Methylphenol were thousands of times lower than the concentrations required to have effects on fish and other aquatic life.  Other chemical compounds were not detectable.

 

Site remediation

The Compliance Team have been working on the site remediation of 9, 11 and 13 Severn Street and the surrounding open stormwater drains and creek systems.  The parties involved in the clean-up have been very responsive and willing to work with Council. 

 

The sites have been cleared of all asbestos and the damaged buildings have been demolished and removed.  Oil deposits have also been removed from the sites and surrounding waterways. 

 

Some waste remains stored on 9 Severn Street and this is the subject of a clean-up notice.  Recent sampling has established this material is not contaminated.  This material will be suitable for bio-remediation on site and a proposal to complete this will be submitted to Council Officers within coming weeks.

 

Some minor on-site residues of oil have been identified on 11 and 13 Severn Street and these continue to be managed and remediated.  Sampling is currently being undertaken on the soil beneath the slabs on 11 Severn Street to determine if oil has leached to this area.  If this is the case, then the slabs will be removed and the soil remediated.

 

The surrounding open stormwater drains and creek systems will continue to be remediated until such time as validation certificates have been received for 9, 11 and 13 Severn Street.

 

Conclusion

There will be a debrief between Council and the EPA on lessons learnt from this event.  This will include emergency response to incidents such as these, engagement with other agencies including neighbouring LGAs and the training of staff.

 

The Compliance Team has appointed an Environmental Auditing Officer to set up a program to identify and audit high risk industrial premises and scheduled premises.  Once identified, these premises will be audited for compliance with the consent and assessed for overall fire safety.  Initially, it is envisaged the EPA will play an integral part in the inspections and this will assist in staff training requirements.

 

The Environmental Health Team is also reviewing an after-hours emergency response procedure to see if Council can improved its response in the event of any future incidents.

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Update on the Fire at Severn Street, St Marys be received.

2.    Council Officers engage with the EPA on training opportunities.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

14      Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases                                                                                                            88

 

15      Proposed Permanent Closure of Part Ninth Avenue, Llandilo                                         91

 

16      Amendment to the Council's 2015 Meeting Calendar                                                     95

 

17      Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services                                                                                                                                           98

 

18      Organisational Performance Report - March 2015                                                       102

 

19      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16                                                                                                                                         109

 

20      Australian Local Government Women's Association (ALGWA) NSW Conference 2015 112

 

21      Summary of Investments and Banking for the period 1 April 2015 to 30 April 2015    116

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2015

 

 

 

14

Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases   

 

Compiled by:               Peter Blazek, Property Officer - Management

Authorised by:            Chris Moulang, Property Development 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

The purpose of this report is to seek Council’s approval to demolish 5 existing units/flats at the rear of Council’s residential property located at 682 High Street, Penrith.

 

Currently, we have a brick veneer house (referred to as Unit 5) located on this land with a secondary building at the back which contains 5 residential, single room units built under one roof and leased to short term residential tenants with leases of no longer than 12 months.

 

The units have been built in the 1970’s and hazardous materials have been used in line with the era.

 

Subsequently, it has been difficult to upgrade or maintain the units in good sustainable order which is compliant with residential leasing standards.

 

The units are now considered inadequate to continue as reasonable premises for leasing and it is recommended Council provide suitable termination notice to existing tenants, assistance to relocate one long term tenant, and undertake demolition of the building containing Units 1, 2, 3, 4 & 6 in accordance with prevailing demolition standards.

Background

Council had purchased 682 High Street, Penrith on 6 May 1991 which included a free standing brick veneer house and a further building containing 5 single room Units under one roof at the rear of the property.

 

The purpose of the purchase was in the long term to facilitate future consolidation of the land with the adjoining Carpenters site as a development proposition and in the short term provide an income stream to Council.

 

Council has commenced leasing of the residential house and 5 units built at the back of 682 High Street, Penrith through the appointed managing agent of the time, Elders Real Estate (which was later acquired by Jim Aitken & Partners). Over a 14 year period we have had many residential tenants lease the units for periods of 12 months to 3 years.

 

One existing elderly pensioner tenant has leased a unit in this complex for more than 20 years and this allows the tenant special consideration from Council under the Residential Tenancies Act when terminating the lease.

 

The 5 units were built under the one roof, adjoining each other and constructed from materials including timber, concrete, fibro sheets, fibro ceilings, gyprock walls and fibrous roofing which predominantly contained significant levels of asbestos.

 

Each unit is a single open room type with a living area, small kitchenette, shower and toilet facility.

 

The fibro sheeting enclosing each unit contained hazardous asbestos materials which had to be encapsulated by Council in accordance with relevant Acts for protection to the tenants. All repairs and maintenance works had to carried out by specialist contractors with hazardous materials handling qualifications.

 

In 2012 Council had undertaken site inspections of all premises built before 1993 to prepare site registers and an Asbestos Management Plan. This Plan had identified areas where asbestos was found and identified a Plan for containment, repairs and encapsulating processes. This Plan was left on site for the reference of all tenants, contractors and agents.

 

Council had carried out repairs and maintenance works in observance of the Plan and complying to governing standards including WH&S Act No 10, NSW WH&S Regulations 2011 and Code of Practice – Safe Removal of Asbestos in the Workplace.

 

The units’ construction was the predetermining factor in Council not upgrading or replacing the units’ walls, ceilings, parapets and soffits over the last 24 years.

 

However, the deterioration of hazardous materials within each unit over time and the rising maintenance costs required to keep the units in reasonable conditions has resulted in them becoming unsustainable for further residential leasing.

 

Currently, Council receives $36,400 per annum from the rental of all units and 2 of these tenants are leased on short 12 month terms and require a 90 day termination notice. This would not present any challenges to Council as they are short term tenants of less than 12 months.

 

The tenant in Unit 4 has been leasing at this location for 17 years and he has submitted a lease termination notice.

 

The residential tenant in Unit 1 has terminated their lease and the Unit is vacant.

 

The tenant in Unit 3 has been leasing from Council for more than 20 years. An Officer from the Community & Cultural Development Department and the Property Management Officer met with the tenant on 16 April 2015 to discuss the tenancy arrangements.

 

During discussions with the tenant an offer was made to find her alternative accommodation which was rejected. The tenant indicated that she was prepared to relocate close to her mother living in the Blue Mountains and accommodation would not be an issue.

 

It was verbally agreed that Council would provide the tenant of Unit 3 with written 6 months termination notice in the near future and pay for her removalist costs as she is a pensioner and does not have the resources to undertake this action.  It was also agreed to a cessation of rent in recognition of the tenant’s willingness to relocate.

 

Additionally, it was determined that as this tenant is a pensioner Council would not charge a rental as of 15 May 2015 until termination date to assist with the relocation.

 

To demolish the units and rebuild them to today’s standards would cost in the vicinity of $500,000 and as the Carpenters site is a future development site it would be inappropriate to consider this alternative.

 

Subsequently, it is recommended that Council provide appropriate 90 day lease termination notices to short term tenants in Units 2 & 6 as their lease termination dates approach.

 

Additionally, it is recommended that, when all units are vacated, the Property Development Department carry out demolition works of the Units in accordance with relevant standards and keep the brick veneer house for continued leasing until the land is required for future development.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases be received.

2.    Council provide complying notices to terminate the tenancies as they arise following lease termination dates.

3.    Council supply removalist assistance to the tenant in Unit 3 and cease charging rental in lieu of continued leasing for more than 20 years to assist compliance with the Residential Act – long term tenants termination of lease rights.

4.    Council undertake demolition of the premises at conclusion of leasing terms of Units 1, 2, 3, 4 & 6, 682 High Street, Penrith.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

15

Proposed Permanent Closure of Part Ninth Avenue, Llandilo   

 

Compiled by:               Bronwyn Everett, Strategic Property Officer

Authorised by:            Chris Moulang, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's property portfolio

      

 

Executive Summary

Council resolved, at its Ordinary Meeting of 23 June 2014, to submit an application to NSW Trade and Investment (Crown Lands) for the permanent closure of part of Ninth Avenue, Llandilo.

 

An application has been made and public consultation has been undertaken.

 

This report is to provide an update on the action taken and recommends that Council resolve to place the Common Seal of the City of Penrith on all necessary documentation to proceed with the application to NSW Trade and Investment (Crown Lands) to permanently close the road.

Background

Council previously considered a report, at its Ordinary Meeting of 23 June 2014, regarding the proposed closure of part of Ninth Avenue, Llandilo, which was formerly part of a constructed road known as Ninth Avenue, Llandilo which is located between Lot 10 DP 802822 and Lot 1127 DP 1158660.  A plan of the subject road proposed to be closed is attached.

 

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

 

Council resolved on 23 June 2014 to proceed with its application to legally close part of Ninth Avenue, consolidate the closed road with adjacent Council owned Lot 10 DP802822 and to classify the closed road as operational land.

 

NSW Trade and Investment (Crown Lands) provided approval in principle to the closure of part of the Ninth Avenue on 12 August 2014.

 

Endeavour Energy required an easement for overhead power lines to be created. Council arranged survey of the land and a Section 88B Instrument to create the easement. Endeavour Energy has endorsed the Section 88B Instrument. The survey plan and Section 88B Instrument now need to be endorsed by Council and the Crown and registered at Land and Property Information prior to gazettal of the road closing.

 

Conclusion

The Common Seal of the City of Penrith is needed to be placed on the deposited plan administration sheet and Section 88B Instrument for Council to proceed with the application to NSW Trade and Investment (Crown Lands) to permanently close part of Ninth Avenue Llandilo, as indicated in the report.

 

Upon closure of the road, the land will be vested in Council as operational land.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Permanent Closure of Part Ninth Avenue, Llandilo be received.

2.    Council approve the procedure to apply to NSW Trade and Investment (Crown Lands) to permanently close Part Ninth Avenue Llandilo.

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

 

 

ATTACHMENTS/APPENDICES

1.  

Identification map and DP - Ninth Ave, Llandilo Road Closure

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2015

Appendix 1 - Identification map and DP - Ninth Ave, Llandilo Road Closure

 

PDF Creator


 

PDF Creator


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

16

Amendment to the Council's 2015 Meeting Calendar   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Manage Council's reporting system and meeting processes

      

 

Executive Summary

The report proposes an amendment to the Council’s 2015 Meeting Calendar which was adopted at the Ordinary Council Meeting of 25 November 2014.

The report recommends that the Policy Review Committee Meeting scheduled for 15 June 2015 be transferred to 22 June 2015 because of the National General Assembly being held in Canberra from 14-17 June 2015.

Background

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

 

Current Position

Under the adopted Council Meeting Calendar for 2015 a Policy Review Committee Meeting is currently scheduled for 15 June 2015, with a Briefing scheduled for 22 June 2015. Given that the National General Assembly in Canberra will be held from 14-17 June 2015 and a number of Councillors are attending, it is considered appropriate to move the Policy Review Committee Meeting to 22 June 2015 and defer any reports that were to be considered at the Councillor Briefing on that night to another evening.

 

A copy of the revised 2015 Meeting Calendar incorporating the change of date for the Policy Review Committee meeting is appended to this report.

 

Conclusion

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Amendment to the Council's 2015 Meeting Calendar be received.

2.    Council’s meeting calendar be amended by transferring a Policy Review Committee Meeting scheduled for 15 June 2015 to 22 June 2015.

 

 

ATTACHMENTS/APPENDICES

1.  

Proposed Amended Meeting Calendar

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2015

Appendix 1 - Proposed Amended Meeting Calendar

 


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

17

Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services   

 

Compiled by:               Harold Dulay, Policy & Council Support Officer

Russell Cook, Project Coordinator - Digital Economy Strategy

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

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide information about Council's services and policy positions

      

 

Executive Summary

Council recently undertook a significant project to update Council’s corporate website (www.penrithcity.nsw.gov.au), to upgrade to the vendor’s latest platform environment, ensure the site is user friendly, enable delivery of responsive content and meet accessibility requirements as per the World Wide Web Consortium’s (W3C) WCAG 2.0 Level AA guidelines.

 

The new site, using the Ektron CMS400 content management system version 9.1, went live in February 2015. As part of the upgrade to online service delivery and disaster recovery communications, a public tender process has been undertaken for the provision of Web Development Services and/or Web Hosting Services.

 

The tender (RFT 14/15-27) for the Provision of Web Development and Hosting Services was advertised in the Western Weekender on 17 April 2015 and Sydney Morning Herald on 21 April 2015. The tender closed on 13 May 2015.

 

This report advises Council of the outcome of the tender process and recommends that Council does not accept any tenders for the Provision of Web Development and Hosting Services in accordance with Section 178 of the Local Government (General) Regulation 2005 not accept any tenders and invite fresh tenders after the conduct of market research.

Background

In mid-2014 Council undertook a review of Council’s corporate website. This review included the current support model for Council’s corporate website. A number of gaps have been identified in the current system implementation and support. One of these related to a lack of resourcing of web development skills in house to enable Council to undertake any development required outside the content management system. The second issue was the lack of disaster recovery mechanisms for the corporate website should the Civic Centre housing the web servers be impacted by a disaster event.

 

Council’s main website operates as a critical communication channel to residents, businesses and ratepayers. The website has experienced consistent growth over the last few years. In order to provide a sustainable platform for the web and to provide communications to stakeholders in the event of a disaster, Council is looking to outsource the hosting of the web site.

 

The requirement to maintain web communication with key community stakeholders, in the event of a disaster is a critical business need. In the event of a major disaster, such communication could be expected to be the main communication channel for a significant period of time.

 

Outsourcing the hosting of the web site will provide significant advantages to Council which include the following:

 

1.   Provide an ongoing communication tool to Council, residents and ratepayers.

2.   Platform disaster recovery for the web service.

3.   Improved performance from a scalable internet connection.

4.   Expert support for website code that is deployed.

5.   Removes dependency on Penrith Council internet link.

6.   24/7 platform and service support within defined response times.

 

Additionally, to enable Council to make the most of the upgraded website platform, an experienced web developer will be required from time to time. While Council is skilled and resourced to manage website content, there is still a need for Council to engage a company for web development services on an hourly rate approach on an as need basis.

 

The RFT was structured in two parts. Part A for the Web Development service and Part B for the Web Hosting service. Vendors were able to respond to Part A or Part B or Parts A and B. The RFT was for a contract of 2 years plus 1 year optional extension. The extension will be at the sole discretion of Council and based on the vendor demonstrating satisfactory performance and value for money.

 

A tender briefing was held on 27 April 2015, only two potential tenderer attended this briefing.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Michael Doggett (Supply Coordinator), Russell Cook (Project Coordinator - Digital Economy Strategy) and was Chaired by Ron Payne (Acting Chief Information Officer).

 

Tenders Received

The tender for the Provision of Web Development and Hosting Services was advertised in the Western Weekender on 17 April 2015 and Sydney Morning Herald on 21 April 2015. The tender was also placed on the NSW Government’s e-tendering website. The tender closed on 13 May 2015 and only one tender was received from Bluecentral Pty Limited. Bluecentral Pty Limited tendered for Part B only.

 

Due to the poor response rate for this tender the Tender Evaluation Panel is unable to undertake a full comparative assessment of the tender received. However the corporate website upgrade project obtained indicative pricing of $4,600 per month for a substantially similar service. Bluecentral’s proposal was approximately $6,000 per month and is therefore not considered a competitive offering. Without any responses received for Part A, this tender process has not achieved its intended purpose.

 

It is prudent to note that Council Officers have in the past conducted website projects by engaging vendors through a selective Request for Quotation (RFQ) process as per the Council’s procurement policies. In recently conducted RFQs for web development services, there has been difficulty in attaining multiple responses from vendors specialising in the web services industry. It appears that market research and discussions with vendors should be conducted by Council Officers in order to better understand the reasons for the poor response rate for services of this kind.

 

Given the difficulties in getting responses from vendors in the web services industry, it is proposed that Council Officers do further market research by meeting with vendors in the web services industry, including a number of vendors that downloaded the tender documents but did not submit a tender. The next step after conducting further research would then be for calling fresh tenders.

 

The web development industry is a highly focused and targeted market and developers specialise in the various content management systems. Council has made a strategic investment in the Ektron CMS and requires the services of a vendor with experience on this platform. The Ektron CMS, is rated by Gartner Research as a visionary company, which is defined as forward thinking and technically focussed. The product provides a stable and responsive platform. The Tourism website is currently being developed on the Ektron CMS. With both the corporate and tourism websites utilising this CMS, it is planned to leverage Council’s investment and not review the platform until the next major update to Council’s website. This is anticipated to be undertaken within in the next 2 to 3 years.

 

During the past 12-14 months Council has been to the market on a number of occasions through both Request for Quotations and Request for tender processes which has only resulted in one single vender response. It is considered that the calling for fresh tenders for the Part A – Web Development service, after having done a market research by speaking with vendors in the industry as to why they didn’t respond may result in a more competitive response.

 

Similarly, market research will also need to be conducted for Part B – Web Hosting services. As this is a mass market service, more responses were expected however Council only received a single response for this service. Hence, utilising the market research information and calling for fresh tenders for this service may also result in a more competitive response.

 

The market research to be conducted will include speaking to leading vendors directly and seeking feedback on the tender process and any issues they see. In order for the market research to be conducted and to allow Council Officers and vendors to speak with one another without the constraints of tender conditions, this current tender process will need to be finalised.

 

It is therefore recommended that no tenders be accepted for this tender process and that in accordance with Clause 178 of the Local Government (General) Regulation 2005 Council call for fresh tenders. Fresh tenders will be called after having conducted the market research. The fresh tenders will be based on revised tender documents resulting from the outcomes of the market research.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group consisting of the Senior Governance Officer, Glenn Schuil and Governance Officer, Adam Beggs met to consider a tender for the Provision of Web Development and Hosting Services.

 

Under clause 178 (1) of the Local Government (General) Regulation 2005 a Council has the option to either accept the tender that appears most advantageous in the circumstances or decline to accept any of the tenders. This decision must be taken by a resolution of the Council.

 

Under a tender process, occasionally the market does not respond as expected and it may be prudent to call for a fresh tender that may lead to a better outcome for the City.

 

The TAG supports the decision of the Committee not to accept any tender and to commence a fresh tender process for the Provision of Web Development and Hosting Services, after a market research exercise has been conducted to better understand the lack of responses received.

 

Conclusion

A public tender process has been undertaken for the provision of Web Development Services and/or Web Hosting Services. This was conducted as an open tender and only one tender, for Part B, was received from Bluecentral Pty Limited.

 

Through this tender process combined with other past RFQs, it has been found that the web services market is a highly specialised industry. It is considered that in order for a tender process to result in a positive outcome further market research by meeting with vendors in the web services industry should be carried out first. Depending on the results of this market research, the tender documents will be revised and it is proposed that fresh tenders will be called.

 

The current tender will need to be discontinued to allow for market research to be conducted. It is therefore recommended that Council not accept any tender and fresh tenders be called after the outcomes of the market research are finalised.

 

It is appropriate that Bluecentral Pty Limited be contacted and thanked for their tender submission and that they be contacted as part of the market research to seek their feedback on this tender.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services be received.

2.    In accordance with Section 178 (1)(b) of the Local Government (General) Regulation 2005 that the Council not accept any tender for the Provision of Web Development and Hosting Services.

3.    In accordance with Section 178 (3)(b) of the Local Government (General) Regulation 2005 that Council invite fresh tenders for the Provision of Web Development and Hosting Services.

 

4.    Further market research be conducted prior to the calling for fresh tenders and that the outcomes of the research be taken into consideration in the preparation of the fresh tender documents.

 

5.    Bluecentral Pty Limited be advised of the Council’s decision to not accept any tenders and call for fresh tenders.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

18

Organisational Performance Report - March 2015   

 

Compiled by:               Tanya Jackson, Corporate Planning Coordinator

Geraldine Brown, Budget 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

This report outlines Council’s progress towards implementing its four-year Delivery Program and one year Operational Plan and focuses on the period of 1 January to 31 March 2015. The report should be read in conjunction with the Organisational Performance Report – March 2015 which records our progress in implementing the organisation’s operating and capital projects.     

 

At 31 March 2015, 94% of Council’s 232 capital and operating projects were ‘on target’ or ‘completed’.

 

Council adopted a balanced budget for 2014-15. The March Quarter has resulted in a small deficit for the quarter of $3,269 and a surplus for the full year of $200,321.

 

This report recommends that the Organisational Performance Report is received, and that the revised budget estimates identified in the report and detailed in Attachment 1 are adopted.

Organisational Performance summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the three months from 1 January 2015. At 31 March 2015. During this period 94% of 139 capital projects and 95% of 92 operating projects were ‘on target’ or ‘completed’.

 


 

 

Table 1 – Summary of Organisational Performance at 31 March 2015

 

 

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

Organisational Highlights

Penrith is a rapidly growing City and we are continuing to actively pursue investment opportunities, jobs and improved infrastructure through projects and initiatives such as:

·      Penrith Progression which was launched in February

·      our Advocacy program ‘Building a better future’ designed to advance the interests of the City to State election candidates and key stakeholders, and

·      the launch and ongoing support of the iWork Hub.

 

Providing services and programs to meet the needs of our community now and into the future is important. Approximately 20% of the population is currently over 55 years old, so Council is undertaking a two year project titled ‘Re-Imagine Ageing’ to engage senior community members across the City in a range of activities and programs, such as dance classes and ‘Memorable Tales’ local story video-making, to contribute to their health and wellbeing.

 

Environmental initiatives and projects highlights include:

·      Peachtree Creek Bank Stabilisation,

·      Cranebrook Wetland and Cumberland Plains Woodland Restoration,

·      Clean-up Australia Day held in the bushland areas along Soling Crescent, Cranebrook,

·      Electronic Waste drop off event at Jamison Park, South Penrith,

·      ‘Managing Horses on Small Properties’ seminar, and

·      Revegetation at Kanangra Reserve, Kingswood.

Work continues at Callisto Playground, Cranebrook where public artwork has been installed to complement the enhancement works undertaken in the previous six months. Werrington Creek Park has been significantly improved, with $400,000 upgrade works, including:

·      extending the existing pathway network

·      upgrading the pedestrian bridge

·      providing a shade structure, BBQ facilities and seating

·      providing outdoor fitness equipment

·      thinning and pruning vegetation, and

·      installing a water play splash pad.

 

Council has received plenty of positive feedback about the upgrades to Werrington Creek Park, with more people enjoying the park and less vandalism.

 

Penrith Development Control Plan 2014 (Penrith DCP 2014) was adopted by Council on 23 March 2015 and came into effect on 17 April 2015. The new DCP consolidates all previous DCPs which applied to the City into a single, City-wide DCP. In addition the DCP includes two new sections to guide development in the Penrith Health and Education Precinct and the Riverlink Precinct. During this period the flood study of the South Creek Catchment was completed providing new information on the flood risk associated with South Creek and its tributaries. The next step is a review of the flood risk within the catchment to appropriate flood management strategies.

 

Organisational challenges

Council received funding under the 2013-14 Better Boating Program to improve boating access to the Nepean River. A design only component focused on the Boat Ramp and associated parking, while a separate Design and Construct contract has been awarded for the construction of the first of a series of waters-edge access decks, targeted at kayak and similar small craft users. The preliminary boat ramp design concept was then the subject of a second round funding application. Negotiations are ongoing with Roads & Maritime Services to align the design aspirations with a very limited funding offer under the current Roads & Maritime Services Boating Now program.

 

Council is currently negotiating the redevelopment plans for the St Marys Town Centre. The aim is to ensure the desired urban form and outcomes are achieved, while maximising the benefits for the St Marys community. Council is endeavouring to ensure there is minimal slippage in the agreed timetable for consultation with key stakeholders and the community.

Council continues to work with the Department of Planning and Environment on planning for Sydney Science Park, which reflects Council's adopted position for the Planning Proposal.

 

Financial Position Summary

Council delivered a balanced budget in the adoption of the 2014-15 Operational Plan. As previously reported to Council, the six-monthly result to December 2014 was a projected surplus of $203,590 for the full year with variations in the first six months being mainly positive variations to the original budget.  The most notable of these variations included savings relating to debt servicing ($370,690), additional pensioner rebates ($123,600), Development Services income ($155,044), and interest on investments ($250,000). These positive variations were partly offset by an increase in the estimate for street lighting budget ($227,525) following finalisation of contracts and network expansions for 2014-15, and improvements to the Kitchen at Penrith Regional Gallery ($27,500). With a number of items still to be confirmed, as at December total transfers of $373,600 were made to Reserve in the first six months of the year to ensure that Council retained the capacity to respond to any variations to these assumptions, and once finalised, provide potential capacity to respond to current and emerging priorities.

 

The March quarter again presented a positive result with a surplus of $200,321 now being projected for the full year after allowing for a number of proposed future proofing allocations. This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional interest on investments ($200,000), rates income ($420,265), and DA income ($104,797), and savings on Waste Disposal Costs ($160,000) and Contribution to Emergency Services Management ($237,557). These positive variations have been partly offset by an increase in Council’s subsidy to the Penrith Aquatic and Leisure Ltd ($240,000) and an allocation for the proposed Telephony Upgrade ($200,000) underpin Council’s new ICT Strategy and drive productivity improvements in the workplace. Once again, it is considered prudent to transfer surplus funds to Reserve ($924,797) to ensure that Council retains the capacity to respond to variations to assumptions and estimates within the budget and provide potential capacity to respond to current and emerging priorities identified in future quarterly reviews or as part of the 2015-16 Operational Plan. These emerging priorities include funding for the planned Deck Car Parking Design ($100,000) to be delivered in the next quarter of 2015-16 additional DA Resourcing ($104,797), and capacity to respond to the ICT Strategy implementation recommendations that are expected to be considered in late June ($500,000).

 

Net organisational salary savings of $267,440 have also been identified in this quarter, and in keeping with Council’s adopted practice these salary savings will be retained within the employee cost budget at this stage and not be reallocated. Council’s Long Term Financial Plan (LTFP) has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2015 Review.    

 

In addition to these adjustments a total of $2,346,109 of revotes is proposed as a result of the March quarter review as the works are not expected to be completed in the current financial year.  Further details on proposed major variations and revotes are provided later in this report and in the attached Organisational Performance report – March 2015.

 

This report recommends that the revised budget estimates identified in the report and detailed in the attached Organisational Performance report – March 2015 are adopted.

Financial Position for the March Quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating budget projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

Budget Position

 

$000s

Original Budget Position

0

September Quarter Variations

208.4

December Quarter Variations

(4.8)

March Review Variations

(3.3)

Revised Surplus/(Deficit)

200.3

 

The predicted cumulative result for the year as at March 2015 is a deficit of $3,269 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the Review with their impact on the budget position (F – favourable and U – Unfavourable). Further details together with all proposed minor variations, revotes and reserve movements are detailed in the attached Organisational Performance report – March 2015.

 

Net Employee Costs - $267,440 F (0.3%)

During the third quarter of 2014-15 salary savings have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $267,440.

 

It is proposed that as part of the March Quarterly Review that salary savings of $267,440 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Rates Income - $420,265 F (0.45%)

Estimated annual rating income is affected by development throughout the City (i.e. subdivision) and this additional rates income is due to an increase in developments occurring in Caddens, Thornton, and Jordan Springs ahead of the predicted timing in the long-term model. This has resulted in additional income being generated in the current year, and as a result of the supplementary values that have been provided along with increases to the projected yields at these higher release areas, a further $700,000 has been included in the long-term rating base from 2015-16.

 

Contribution to Emergency Services Management - $237,557 F (12.1%)

Emergency Management NSW collects contributions on behalf of the NSW Fire Brigades, the NSW Rural Fire Services and the State Emergency Service under the provisions of the Fire Brigades Act 1989, the Rural Fires Act 1997 and the State Emergency Service Act 1989.  Each year Council estimates this contribution as part of the budget development process applying an increase to the prior year’s contribution. Emergency Management NSW has undertaken a comprehensive review of service budget for 2014-15 and has now identified a number of cost savings. This budget adjustment reflects the annual assessment notice for 2014-15 under the revised methodology and has resulted in a reduced contribution for Penrith.  This reduced contribution will also be reflected in the 2015-16 Operational Plan.

Interest on Investments - $200,000 F (18%)

Council’s investment portfolio has continued to perform well above benchmark this quarter, despite the decrease in the official cash rate to 2.25% in February.  Invested funds held in the portfolio have also been consistently higher during the year than originally estimated so the budget for untied interest on investments is proposed to be increased by $200,000 in the March Quarterly Review. This adjustment has taken into consideration the further reduction of the cash rate to 2% from May.

 

Subsidy Penrith Aquatic and Leisure Ltd - $240,000 (24%)

The Board of Penrith Aquatic and Leisure Ltd (PAL) at its meeting on 31 March 2015 resolved to approach Council for an additional subsidy for the current financial year. Updated budget information for PAL shows a further significant decline in revenue primarily with participation rates down in a range of business areas. A number of initiatives are also being implemented by PAL in a bid to contain costs and increase revenue. It is proposed that Council endorse a maximum additional subsidy for 2014-15 of $460,000 with $240,000 being paid immediately and $220,000 being retained in the Reserve pending any need for additional funds.

 

Telephony Upgrade - $200,000 U

Council is currently pursuing the replacement of our obsolete PABX with new technology. This upgrade will underpin the Penrith City Council Customer Service Improvement strategy.

Transfer to Asset Reserve -$924,797 A (154%)     

This allocation will provide capacity to respond to some current and emerging priorities, including some of the priority resource requests.  It includes proposed allocations in 2015-16 for a Deck Car Parking Design ($100,000), additional DA resourcing pending service review outcome ($104,797), reserving a further $500,000 to provide capacity to respond to ICT Strategy implementation recommendations that are expected to be considered in late June.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance report – March 2015. In addition to these adjustments a total of $2,346,109 of planned capital projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed March Quarter revotes) is $6,892,310, compared to $7,306,484 for the same period in 2013-14.

Conclusion

The Organisational Performance Report – March 2015 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2015.

                               

The Organisational Performance Report – March 2015 will be placed on Council’s website, and will be available in hard copy on request.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Organisational Performance Report - March 2015 be received.

2.    The Organisational Performance Report - March 2015 as at 31 March 2015, including the revised estimates outlined in this report and detailed in the attached Organisational Performance Report – March 2015 be adopted.

 

 

ATTACHMENTS/APPENDICES

1.  

Organisational Performance Report - March 2015

56 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

19

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16   

 

Compiled by:               Glenn Schuil, 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

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

      

 

 

Executive Summary

The NSW Local Government Remuneration Tribunal (the Tribunal) is responsible for making annual determinations of maximum and minimum fees payable to Mayors and Councillors in NSW. Section 239 of the Local Government Act 1993 requires the Tribunal to determine the categories of Councils and Mayoral Offices once every three years. In accordance with the Act, the Tribunal has reviewed the categories of Councils as part of the 2015 annual review.

 

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

 

In light of this legislation and taking into consideration key economic indicators, including the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent is warranted. The report recommends that the fees payable to the Mayor and Councillors for 2015-16 be set at the maximum level permitted.

 

Background

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

 

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

 

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

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

 

Current 2015 Review

On 4 March 2015 the Tribunal wrote to all Mayors advising of the commencement of the 2015 annual review of the minimum and maximum fee levels for each category. The Tribunal invited submissions from Councils as to whether Fit for the Future Councils should be recognised in any future or alternative categorisation model.

 

The Tribunal’s Report noted that 15 submissions were received from individual Councils in response to their request for a submission in respect to the categorisation of Councils. Council Officers lodged a submission to the Tribunal seeking re-classification to Major City in view of the Council’s identified role a s a Regional City. In our submission Council Officers also supported a future categorisation model that provides a bonus or incentives for those Councils that successfully demonstrate on-going sustainability through their Fit for the Future proposals and Improvement Plans.

 

Local Government Remuneration Tribunal Determination for 2015-16

On 13 April 2015 the Tribunal released its Report and determination on the maximum and minimum amounts of fees to be paid to Mayors, Councillors and Chairpersons for the period 1 July 2015 to 30 June 2016. A full copy of the Tribunal’s determination can be found attached to this Report.

 

The Tribunal reviewed the existing categories and found that no change is warranted at this time. However, the Tribunal made the comment that should the Fit for the Future initiatives proceed, that the structure of local government in NSW will change over the next few years. The Tribunal stated that any future Tribunal will need to consider categorisation based on the structure and composition of Councils at that time.

 

The Tribunal also found that the current categorisation of individual Councils is appropriate at this time and no changes are warranted, but stated that the Tribunal may need to consider a revised categorisation model, including fees that apply to those categories, during the 2016 annual review.

 

Finally, the Tribunal noted that it has received legal advice which would suggest that any re-categorisation of an existing Council, which would have the effect of increasing the employee related costs in respect of those Councillors by more than 2 ½%, may contravene the intent of Section 242A of the Local Government Act. The Tribunal advised that it would write to the Minister for Local Government to seek advice on this matter.

 

After taking into consideration the key economic indicators including, the Consumer Price Index and Wage Price Index, the Tribunal found that the full increase of 2.5 per cent was appropriate.

 

Mayor and Councillor Fees for 2015-16

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

 

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

 

It has also been the Council’s practice to remunerate Councillors at the maximum fee level, and the Budget for Councillor fees for the Operational Plan for 2015-16 are based on this practice continuing.

 

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

 

Councillor Annual Fee – Minimum $16,690 & Maximum of $27,550

Mayor Additional fee* - Minimum $35,470 & Maximum of $80,260

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

 

Conclusion

 

In light of the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2015-16 be set at the maximum level determined by the Tribunal.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16 be received.

2.    The fees payable to the Mayor and Councillors for 2015-16 be set at the maximum level permitted.

 

 

ATTACHMENTS/APPENDICES

1.  

Local Government Remuneration Tribunal Annual Report and Determination for 2015-16

19 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

20

Australian Local Government Women's Association (ALGWA) NSW Conference 2015   

 

Compiled by:               Sonia Dalitz, Social Planner

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

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide staff with opportunities for learning and development

      

 

Executive Summary

This report provides information to Council on the outcomes of the recent Australian Local Government Women’s Association (ALGWA) NSW Annual Conference, including feedback from Council staff who attended.

 

Council has maintained a long term involvement with ALGWA as the peak representative body for women who are involved or interested in local government including elected members and Council staff.

 

A significant outcome of the conference was the nomination of Penrith City Council to be the organisation to host the 2017 ALGWA NSW State Conference.

 

The report recommends that the information be received.

 

Background

The Australian Local Government Women’s Association (ALGWA) NSW Branch 2015 State Conference was held in Wollongong from 30 April to 2 May 2015. The theme of the conference was “Leadership Adventure”. The conference was attended by approximately 120 delegates made up of elected representatives and staff from various councils across New South Wales.

 

Conference Keynote Speakers

The ALGWA NSW Conference featured an exceptional schedule of prominent keynote speakers as well as several panel sessions and workshops. The program targeted the issues of support, advocacy and education for women.

 

The Master of Ceremonies for the ALGWA conference was Amy Duggan, a WIN Network Presenter and former elite soccer player. The keynote speaker on the first morning was Sam Mostyn, President of the Australian Council of International Development. Sam spoke about the importance of support for career progression. Sam also entertained delegates with anecdotes about her experience as the first woman appointed to the Australian Football League Commission. In the afternoon Wendy Machin, Deputy President of the National Roads and Motorists’ Association, addressed the topic of advocacy. Wendy shared her story of becoming the first female National Party MP in the NSW Legislative Assembly, and spoke with passion about her work in disability services.

 

On the final conference day, delegates were treated to an engaging presentation by Dr Elizabeth Farrelly, a columnist and author and now Professor at the University of New South Wales. Elizabeth shared her passion for architecture with attendees, and talked of her experiences as a Councillor at the City of Sydney during the Sydney Harbour foreshore re-development. To conclude the conference was Dr Clio Cresswell, bestselling author and senior lecturer in mathematics at the University of Sydney. Clio gave a humorous lecture based on her internationally acclaimed book ‘Mathematics and Sex’.

 

Importantly, the conference included plenty of opportunities for delegates in similar roles across the local government sector to discuss common issues and challenges with each other. Wollongong City Council went out of their way to host a friendly conference including networking opportunities that highlighted the beauty and diversity of their city. Lord Mayor of Wollongong, Councillor Gordon Bradbery OAM gave a warm welcome to delegates at both the welcome function and conference opening.

 

Successful bid for ALGWA Conference 2017

A report was presented to Council at the Ordinary Meeting of 27 April 2015 outlining Council’s intention to bid to host the 2017 ALGWA Conference after the 2016 conference is hosted by the rural council of Gunnedah. As the successful bidders, Council’s Event staff delivered a well-received presentation at the conference showcasing Penrith City as an ‘Adventure Capital’. An allocation will be made in the 2016-17 Operational Plan for expenses to host the 2017 Conference.

 

The Penrith Delegation

As in previous years, a number of Penrith City Council staff members were given the opportunity to attend the ALGWA conference, in addition to representation from Council’s elected representatives. The following comments highlight the significance of the ALGWA conference to the career and personal development of staff.

 

Sonia Dalitz, Social Planner, Community and Cultural Development Department

“The ALGWA conference was a unique opportunity for me to further my knowledge of gender equity topics and I am confident I will be able to apply what I learnt in my employment at Council. The speakers encouraged me to think broadly about the challenges that still face women in the local government sector. I came away with ideas on how to progress my career and also how I can better support my female colleagues in the workplace. I met a number of women that were generous in their advice who I will keep in touch with as a result of the Conference.

 

Penrith’s active involvement and presence at the conference was commented on and clearly admired by the other delegates and made me feel a lot of pride in being a Penrith Council staff member. It seems to me that giving staff the chance to benefit from the conference makes us a role model to other councils and sends a strong symbolic commitment to ALGWA’s cause”.

 

Jeanne De La Torre, Ranger – Parking, Waste and Community Protection

I would like to thank you for the opportunity of letting me attend the ALGWA conference that was held in Wollongong. I feel that it has given me an insight to opportunities that have not been offered to me before. It has been a motivational experience and has made me see that there are other women who have the same experiences as me. It gave me the pleasure of talking to other women, both staff and Councillors alike.

 

As a woman I often get mixed messages. This conference has given me the confidence of now speaking up and trying to move forward in a male dominated area, including the opportunity for higher duties as a general duty Ranger, moving up to step 3 within my pay steps and secondment opportunities outside my unit. I realise that I face some challenges and some of the things I want to achieve may not happen. I would like to take this chance once again to say thank you and would like to attend more ALGWA conferences in the future”.

 

Jennifer Faiers, Field Operator, City Works

Coming from outdoor staff where the majority of workers are men, it was great to learn that the ALGWA network is available for women to utilise. It was good to see men attend the conference as well. I was happy to attend the conference and found that it was very positive and had a fun atmosphere with a great range of speakers with very interesting stories. The topics covered were support, advocacy and education. To me they weren’t just aimed at work issues, they can be applied in everyday life as well. You can never get enough education. These ladies were very interesting and inspirational. I came away with a feeling that we can all achieve our goals if we work at it.

 

Wollongong was wet! However, we still enjoyed our stay and I met other staff and Councillors that I would not normally have the opportunity to meet. It was a very informative and positive weekend for me”.

 

Carmel O’Farrell, Children's Services Coordinator, Children's Services

I had no idea what to expect from the conference but found it very inspiring, fascinated by the achievements of not only the guest speakers but of most of the women who are a part of the ALGWA committee. How the women have managed to achieve all they have in their lifetimes whilst juggling very busy, high profile jobs and families along with the many boards, committees and working or political parties they are a part of is amazing. The presentations made me think about my own position and how I am in a position to make a difference, to support and advocate for the people I work with. It lead me to think about continuing to support others in stretching their minds, thinking, asking questions, researching and continuing to educate themselves and to believe in themselves.

 

I have been inspired to think about going on a leadership adventure myself personally and stretching my own mind and have been thinking about how I can do this; I would like to sometime in the near future either enrol in some further study or take part in a community organisation and give something back to our community.  I really enjoyed meeting women from across a range of positions from Councils across NSW. I particularly enjoyed meeting and spending time with other women from different departments within Penrith Council and with Penrith Council’s Councillor Karen McKeown, Councillor Jackie Greenow and Councillor Michelle Tormey. I would like to thank Penrith Council for the opportunity to attend the conference and for the opportunity to represent women from our organisation”.

 

Amanda Plumb, Director Cook Parade Children's Centre, Children's Services

“Having only worked within Council's Children's Services Department for two and a half years and in a leadership role for the first time in my career I was really drawn to the message of the conference "Leadership Adventure." I have been on a leadership adventure navigating my way through discovering what type of leader I was, and challenging myself to be a better role model and mentor to my staff and also to the children and families I work with daily. Attending this conference I was awakened to the amount of strong, powerful women we have in this country in roles of leadership and I learnt a lot from their messages.

 

The messages that resonated most with me are to stretch your mind and expand the brain, don't fear failure, tolerance is power, increase your professional development through education and training opportunities, always remember adventures are scary but when you’re not sure how to start - start anyway because you’re capable of more than you think and remember part of being a good leader is to sponsor rather than mentor. I also really enjoyed the leadership speed dating workshop we attend, it showed me that I am a confident leader and am able to articulate that to others”.

 

Bev Spearpoint, S149 Certificate Clerk, City Planning

I would like to acknowledge the support given to me by Penrith City Council by both the Councillors and the management team. I was very busy in my role as membership officer for ALGWA NSW however I have to say I was inspired once again by the quality of speakers even though I did not get to hear all of them. I was fascinated by my fellow delegates from Penrith as to their enthusiasm over what they had learnt; and that they had been inspired to try the ideas and tools they had been given to do things differently, both professionally and also in their private life, and the eagerness of wanting to take the next step in their career paths. I was extremely proud of the ladies who attended and also to be able to get to know them in a more social scene at the formal activities, such as the Mayoral reception dinner in the evening.

 

I believe Penrith Council are investing wisely in the ongoing opportunities for professional development of the staff. I feel the results speak for themselves with a great percentage of the participants going on to achieve beyond their own expectations. I was thrilled to see Penrith will be hosting the next ALGWA NSW City Conference in 2017. I have been once again returned to the ALGWA NSW executive team and at present still hold the Membership Officer’s role. I am very proud to represent Penrith City Council”.

 

ALGWA NSW Annual General Meeting 2015

The Annual General Meeting of the ALGWA NSW branch was held on Saturday 2 May to elect office bearers for the ensuing year and consider motions for adoption as ALGWA policy. Councillors Karen McKeown and Jackie Greenow OAM were re-elected to the ALGWA executive committee, as was Bev Spearpoint.

 

Conclusion

The ALGWA NSW State Conference 2015 “Leadership Adventure” had an informative and diverse program that provided value to both elected representatives and Council officers that attended. The nomination of Penrith City Council as the host of the 2017 ALGWA NSW will present an exciting opportunity to discuss some of the challenges facing contemporary local government and contribute to growing the visitor economy and profile of Penrith City.

 

 

RECOMMENDATION

That the information contained in the report on Australian Local Government Women's Association (ALGWA) NSW Conference 2015 be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2015

 

 

 

21

Summary of Investments and Banking for the period 1 April 2015 to 30 April 2015   

 

Compiled by:               Andrew Moore, Financial Services Manager

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council's financial sustainability and meet statutory requirements

      

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 April 2015 to 30 April 2015 and a reconciliation of invested funds at 30 April 2015.

 

The investment returns for the period are:

 

•        Council portfolio current yield                             3.29%

•        90 day Bank Bill Swap rate                                2.24%

•        Floating Rate Notes (return for the period)         3.60%

 

The report recommends that the information contained in the report be received.

 

Background

 

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

 

I hereby certify the following:

 

1.       All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.       Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2015.

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 April 2015 to 30 April 2015 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2015 to 30 April 2015 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2015 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2015

Appendix 1 - Summary of Investments

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 25 2015

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Status on Litigation and Compliance Matters                                              2

 

 

 


Ordinary Meeting                                                                                                    25 May 2015

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 5

 

2        Status on Litigation and Compliance Matters 

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

 

 

 

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 25 May 2015

Report Title:            Development Application DA14/1550 Staged subdivision into 2015 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

Attachments:           DA14/1550 Location Plan

                                DA14/1550 Subdivision Plans



Ordinary Meeting                                                                                                                  25 May 2015

Attachment 1 - DA14/1550 Location Plan

 

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Ordinary Meeting                                                                                                                  25 May 2015

Attachment 2 - DA14/1550 Subdivision Plans

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 25 May 2015

Report Title:            Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia

Attachments:           DA15/0122 Locality Plan

                                DA15/0122 Site Plan and Architecturals



Ordinary Meeting                                                                                                                  25 May 2015

Attachment 1 - DA15/0122 Locality Plan

 

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Ordinary Meeting                                                                                                                  25 May 2015

Attachment 2 - DA15/0122 Site Plan and Architecturals

 

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